RESTINE CITY ERIOR AGENDA
CITY OF GUSTINE
CITY COUNCIL
COUNCIL CHAMBERS, CITY HALL
352 5th STREET GUSTINE, CALIFORNIA
NCORPORATED NOV MAY 16, 2023 - 6:30 P.M.
The Council Chambers are open 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 and noise will be muted by the meeting organizer.
Please note, in the event of a technical issue causing a disruption in the call-in option or internet- based option, the meeting will continue unless otherwise required by law, such as when a Council Member is attending the meeting virtually pursuant to certain provisions of the Brown Act.
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Please take a moment to silence your cell phones.
ROLL CALL
Council Members: Marsigli - Bonta - vacant - Mayor Pro Tem Ford - Mayor Nagy
APPROVAL OF AGENDA
At this time, any member of the City Council or staff may advise of any updates to the order of, or changes to, the agenda as published.
Any requested changes or edits shall be offered in the form of a motion by any City Council member, requiring a second, and followed by a 3/5 vote of approval by the Council.
DECLARATIONS OF CONFLICT OF INTEREST
At this time, any member of the City Council may declare their conflict of interest or their abstention from any item listed on, or within, the agenda.
PRESENTATIONS
Public Works Week Proclamation
PUBLIC COMMENT
At this time, any person may comment on any item which is not on the agenda. PLEASE STATE YOUR NAME FOR THE RECORD. Action will not be taken on the topic unless deemed an urgency matter by a 3/5 vote of the City Council. Topics not considered an urgency matter may be referred to City staff and/or placed on a subsequent agenda for consideration, by a 3/5 vote of the City Council.
Members of the public, who have questions or comments regarding a specific agenda item, may comment on that item before consideration of that item, when recognized by the Mayor.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and may be approved by one action of the City Council, unless any member of the City Council wishes to remove an item for separate consideration.
Are there any items on the consent calendar that any member of the public would like to comment on?
(continued)
2. Minutes of the May 2, 2023 Regular Meeting
Recommendation: Review and approve
3. Warrants
Recommendation: Review and approve
4. Treasurer's Report - April 2023
Recommendation: Review and file
5. Approve Fee Waiver Request from Merced County Boys & Girls Club for Use of City Facilities for Gustine Youth summer camp
Recommendation: Review and approve fee waiver and use of City facilities
6. Approve Cancellation of July 4, 2023 Regular City Council Meeting Recommendation: Review and approve cancellation
7. Approve Request from Gustine Chamber of Commerce for Use of City Streets and Services, and Waiver of Fees for 4th of July Parade Event Recommendation: Review and approve use and waiver
8. Approve Resolution Approving Restated Merced County Association of Governments Joint Powers Agreement and Authorizing City Manager to Execute the Agreement
Recommendation: Review and approve resolution
9. INFORMATIONAL: Solid Waste Reporting and SB1383 Activities Recommendation: Review
ADMINISTRATIVE AGENDA
10. PUBLIC HEARING - Consider Introduction and Waiver of First Reading of an Ordinance Amending Gustine Municipal Code Chapter 11-3 Relating to Solid Waste
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 Chapter 11-3 relating to solid waste
CITY DEPARTMENT REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
CITY COUNCIL REPORTS
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee organization: City of Gustine Public Works Association
CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee organization: City of Gustine Clerks Association
CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee organization: City of Gustine Police Officers Association
(continued)
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 5TH 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 5'h Street, Gustine CA and made available for public review on this 11th day of May, 2023, at Melanie Correa
CITY OF GUSTINE
PROCLAMATION
IN RECOGNITION OF NATIONAL PUBLIC WORKS WEEK
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of Gustine; and,
WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation's transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and, WHEREAS, the year 2023 marks the 63rd annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association; be it now resolved,
NOW THEREFORE, the City of Gustine does hereby designate the week May 21 - 27, 2023 as National Public Works Week; The City urges all citizens to join with representatives of the American Public Works Association/Canadian Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life.
Pat Nagy, Mayor of Gustine
MINUTES OF
REGULAR MEETING
May 2, 2023
• CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:30 P.M. and conducted the pledge of allegiance.
ROLL CALL
Council Members: Marsigli - Bonta - Mayor Pro Tem Ford - Mayor Nagy Staff present: City Manager Anna Nicholas, City Attorney Ann Siprelle, Finance Director Jennifer Morrison, Police Chief Ruben Chavez, Economic & Community Development Director Jami Westervelt, Recreation Manager Tiffany Vitorino, Fire Chief Pat Borrelli, City Engineer Mario Gouveia, Administrative Assistant Desirae Porras and Administrative Services Director Melanie Correa
APPROVAL OF AGENDA
Council member Marsigli made a motion to approve the agenda as published.
The motion was seconded by Council member Bonta and carried 4-0.
DECLARATIONS OF CONFLICT OF INTEREST
None.
PRESENTATIONS
1. Certificate of Recognition to Filberto Souza
Mayor Nagy presented Mr. Souza with a certificate of recognition. Mr. Souza thanked everyone for their support and promised to continue his hard work.
2. Update from Merced County Association of Governments Stacie Guzman, Executive Director
Stacie Guzman, Executive Director of Merced County Association of Governments, presented an update on Measure V.
Jose Perez, Assistant Transit Manager, provided an overview of the MicroBus.
Council member Bonta inquired on additional advertising for City residents, and help for seniors to access the MicroBus phone app, to which Mr. Perez advised he could bring pamphlets to City Hall, and advised the MicroBus services customers by phone.
Council member Marsigli inquired on the hours, to which Mr. Perez advised the bus is available Monday-Friday from 6AM-8:15PM and from 8AM-6PM on the weekends.
PUBLIC COMMENT
Christian Santos, Field Representative, Congressman Duarte's office, advised it was a pleasure attending the Motors on Main event. He reminded Council of Congressman Duarte's Mobile Office on May 16th at City Hall from 3 P.M. to 5 P.M. He advised if the City has any lists or maps of properties that could benefit from the Emergency Use Permit due to flooding to send over to him.
Lloyd Pareira, District Supervisor, commented on the Motors on Main event, and advised he is available to assist with any matter relating to the County.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and may be approved by one action of the City Council, unless any member of the City Council wishes to remove an item for separate consideration.
Are there any items on the consent calendar that any member of the public would like to comment on?
3. Minutes of the April 18, 2023 Regular Meeting
Recommendation: Review and approve
4. Warrants
Recommendation: Review and approve
5. Approve Resolution Authorizing the Destruction of Certain City Records Recommendation: Review and approve resolution
6. Approve Resolution Accepting Water Valve and Hydrant Replacement Project as Complete, and Directing City Clerk to File a Notice of Completion Recommendation: Review and approve resolution
7. Approve Resolution of Intent to Levy and Collect Annual Assessment for Citywide Assessment District 95-1; Southport Assessment District; and Borrelli Assessment District and Setting a Public Hearing
Recommendation: Review and approve resolution
Approve Resolution Terminating the Local Declaration Established in Response to Flood Risk and Damage Resulting from Severe Weather Storms Recommendation: Review and approve resolution
Approve Resolution Authorizing the Purchase of a New Mower and Approving a FY 22-23 Budget Amendment in Fund 043 (ARPA)
Recommendation: Review and approve resolution
Mayor Nagy introduced the consent calendar.
There was no public comment.
Mayor Pro Tem Ford inquired on the Foster Farms warrant, to which Mayor Nagy advised the vendor should be Foster Pump.
Council member Marsigli inquired on item #7, in regards to the entire city being in the Citywide Assessment District, to which Mayor Nagy confirmed, and shared the other two assessment districts are in addition to the citywide assessment.
Council member Marsigli inquired on item #9, in regards to the mulching attachment, to which Mayor Nagy advised it could be taken on or off.
Council member Marsigli inquired if the old mower could be traded in through the San Joaquin Valley Air Pollution Control Board, to which City Manager Nicholas advised she would ask Public Works Supervisor Castro if this was a possibility.
Mayor Pro Tem Ford made a motion to approve the consent calendar.
The motion was seconded by Council member Marsigli and carried 4-0.
ADMINISTRATIVE AGENDA
10. Consider Approval of Sole Source Procurement of Municipal Lagoon Microbe Treatment for Wastewater Treatment Plant
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the sole source procurement of Municipal Lagoon Microbe Treatment from AquaNatural Solutions
City Manager Nicholas presented the staff report.
Bryan Griggs, AquaNatural Solutions, provided background on the company and their product.
Council member Bonta inquired if the microbes continue to grow or do you have to continue to inject them, to which Mr. Griggs advised over time they will need to periodically be injected.
Council member Bonta inquired on how the product reacts to detergent and additional chemicals, to which Mr. Griggs advised those chemicals would slow growth but will not dissolve the microbes.
Council member Marsigli inquired if the microbes affect wildlife, to which Mr. Griggs confirmed they do not impact wildlife.
Mayor Pro Tem Ford inquired on copies of the research studies on the product, to which Mr. Griggs advised he could make them available.
Mayor Pro Tem Ford inquired if they have clients in the surrounding area, to which Mr.
Griggs advised they do have municipal clients throughout the valley.
Mayor Pro Tem Ford inquired on how the City was referred to AquaNatural Solutions, to which City Manager Nicholas advised they were referred by Public Works personnel.
City Manager Nicholas inquired on which surrounding cities AquaNatural Solutions has worked with, to which Mr. Griggs advised they have worked with City of Mendota and many Bay Area cities.
Mayor Pro Tem Ford inquired on the breakdown process, to which Mr. Griggs explained the process.
Mayor Nagy inquired on the thickness of the existing sludge at the City's wastewater treatment plant, to which Mr. Griggs advised the sledge is around 8 ft. deep.
Mayor Pro Tem Ford inquired if City Engineer Gouveia has worked with AquaNatural Solutions, to which Mr. Gouveia affirmed.
There was no public comment.
Council member Bonta made a motion to approve the sole source procurement of Municipal Lagoon Microbe Treatment from AquaNatural Solutions.
The motion was seconded by Mayor Pro Tem Ford and carried 4-0.
11. DISCUSSION & DIRECTION: Community Contribution Payment Expenditures
1. Receive Staff Report
2. Receive Public Comment
3. Hold discussion and provide staff with direction
Recreation Manager Vitorino presented the staff report.
Council member Marsigli inquired whether the audio system could be enabled with a bluetooth connection, to which Recreation Manager Vitorino advised the City would need to verify with the City's I.T. company to ensure existing wifi would stretch to the 4th Ave and 5th Street intersection.
Council member Marsigli inquired on the 4th of July deficits, to which Recreation Manager Vitorino elaborated as per the staff report.
Mayor Nagy inquired on the yearly contributions from Engie, to which City Manager Nicholas advised after looking into it the City was supposed to receive $6k a year for 3 years. She further stated that the City has received $12k out of $18k and the City will be contacting Engie to reconcile those funds.
Council directed staff to move forward with the downtown audio system and to bring the current year fireworks revenue and expenditures to the first City Council meeting in August for review. They also directed staff to bring additional information on new picnic tables at that meeting as well.
CITY DEPARTMENT REPORTS
Recreation Manager Vitorino updated on Paint Night. She advised there are only two contestants for Miss Gustine and stated the Pageant Committee was still interested in holding the pageant. She advised of her attendance at the GES Health Fair. She informed Council she is working on scheduling the OLM Festa special event-planning meeting. She commented on the success of Motors on Main and thanked Bernie Medeiros for bringing business into town.
Police Chief Chavez commended the Motors on Main event. He advised of the annual Gustine Police Department training occurring on Thursday. He informed Council the Police Department had 15 students sign up for the Explorer program. He advised of his meeting with RAN Board and informed Council of the new Mobile ID machine. He informed Council that Community Services Officer Gallardo is in the process of sending out weed abatement letters.
Fire Chief Borrelli advised of meeting with Police Chief Chavez in regards to weed abatement. He advised a new Gustine firehouse Engineer, Jared Markle. He reminded Council Fill the Boot event will be Saturday May 27th.
Finance Director Morrison advised she had nothing to report.
Economic & Community Development Director Westervelt updated on the scope of work change approval from State of California. She informed Council that Caltrans has requested that the Airport "notice to air men (NOTAM)" advised there is no night landing due to the issue with the runway lights. She advised the runway light project is scheduled for after the runway rehabilitation project. She updated on the reopening of L&E Café.
Council member Bonta inquired on the flooding situation at the Airport, to which Economic & Community Development Director Westervelt advised to her knowledge there has not been any flooding. She advised City Engineer Gouveia and Public Works have been working hard to get the pumps in working condition. She also advised Mr.
Gouveia will be attending the next Airport Commission Meeting to provide an update on drainage.
Administrative Services Director Correa informed Council of the LAFCO Public Member Alternate vacancy, and that the deadline to apply is May 10th. She advised of the open recruitments for Lifeguard, Public Works Director and Council member vacancy.
CITY MANAGER REPORT
City Manager Nicholas updated on Congressman Duarte's mobile office at City Hall on May 16th. She informed Council of the City of Gustine's first edition of City Snippets. She thanked Bernie Medeiros for allowing her to be a car show judge at the Motors on Main event.
CITY ATTORNEY REPORT
City Attorney Siprelle advised that she had nothing to report.
CITY COUNCIL REPORTS
Council member Marsigli inquired if there are additional fees to pay City utility bills online, to which Mayor Nagy answered no. She echoed appreciation to Ms. Medeiros for the Motors on Main event. She inquired on the ribbon cutting for mobile businesses, to which Judi Gandy, of the Gustine Chamber of Commerce, advised that the ribbon cutting for mobile businesses were intended to peak interest for other mobile and homebased businesses to become a Chamber member.
Council member Marsigli wished the May Day Fair participants good luck.
Council member Bonta advised that he had nothing to report.
Mayor Pro Tem Ford advised of his attendance at the San Joaquin Valley Air Pollution Control District City Wide Special Selection Committee meeting. He also advised of his role as a judge at the Motors on Main event. He commented on the City Snippets newsletter.
Mayor Nagy advised of his attendance at the San Joaquin Valley Regional Policy Committee workshop Monday - Wednesday last week. He updated on his attendance at the RAN Board meeting. He congratulated Filberto Souza on the Certificate of Recognition. He provided an overview of the money Mr. Souza has raised for our Sister- City, Angra do Heroismo. He commended staff on the newsletter. He commented on how well Motors on Main turned out and the amount of out of town residents talking about the event. He thanked the two Orestimba High School students for attending the
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee Organization: City of Gustine Public Works Association.
2. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee Organization: City of Gustine Clerks Association.
3. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee Organization: City of Gustine Police Officers Association.
After returning to open session, it was reported that there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 10:16 P.M.
City of Gustine, CA Warrant List
By Vendor Name
Post Dates 05/09/2023 - 05/16/2023
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: ACE HARDWARE OF GUSTINE
ACE HARDWARE OF GUSTI 539532 05/16/2023 PW DEPT OP SUPPLIES- 7.13
TIE STRETCH
ACE HARDWARE OF GUSTI 539535 05/16/2023 PW DEPT OP SUPPLIES- 16.23
TOOL PROPANE
ACE HARDWARE OF GUSTI 539552 05/16/2023 PW DEPT OP SUPPLIES- 15.11
FIX CONNECTOR IRRIGATI
ACE HARDWARE OF GUSTI 539772 05/16/2023 PW STREET SUPPLIES- 48.32
PAINT FOR DEAD-ENDS
ACE HARDWARE OF GUST 539777 05/16/2023 PW #1054 RUBBER HEAD 6.47 KEY
ACE HARDWARE OF GUSTI 539794 05/16/2023 PW PARK SUPPLIES- 3.66
SPRINKLER REPAIR PARTS
ACE HARDWARE OF GUSTI 540308 05/16/2023 PW DEPT OP SUPPLIES- 12.98
PAINT BRUSH
ACE HARDWARE OF GUST 540309 05/16/2023 PW DEPT OP SUPPLIES- 29.60
PETERSON SHELTER LEAK
REPAIR
ACE HARDWARE OF GUST 540531 05/16/2023 PD OPERATING SUPPLIES - 52.32 RATX
Vendor ACE HARDWARE OF GUSTINE Total: 191.82
Vendor: AFLAC ADMINISTATIVE SERVICES
AFLAC ADMINISTATIVE SER PR - 4/28/23 05/16/2023 PAYROLL DEDUCTIONS 1,117.10 Vendor AFLAC ADMINISTATIVE SERVICES Total: 1,117.10
Vendor: AMAZON CAPITAL SERVICES, INC.
AMAZON CAPITAL SERVICE 14DK-743X-HQYX 05/16/2023 PD OPERATING SUPPLIES - 4,703.10 I PADS
AMAZON CAPITAL SERVICE 1DM3-FGYL-C77X 05/16/2023 CLERK / HR DEPT OP 59.72
SUPPLIES
AMAZON CAPITAL SERVICE 1H63-VQM4-91Y9 05/16/2023 REC OPERATING SUPPLIES 97.85 - POPCORN, FIRST AID
AMAZON CAPITAL SERVICE 1H63-VQM4-91Y9 05/16/2023 REC OPERATING SUPPLIES 184.16 - POPCORN, FIRST AID
AMAZON CAPITAL SERVICE 1KQF-1RRL-LHM6 05/16/2023 CITY CLERK OPERATING 20.77
SUPPLIES
Vendor AMAZON CAPITAL SERVICES, INC. Total: 5,065.60
Vendor: ARAMARK UNIFORM SERVICES
ARAMARK UNIFORM SERV 2580179955 05/16/2023 FD CUSTODIAL SUPPLIES 143.97 Vendor ARAMARK UNIFORM SERVICES Total: 143.97
Vendor: AT&T CANET 3
AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 0.05 03/17/2023 - 04/16/2023
AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 0.05 03/17/2023 - 04/16/2023
AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 0.05 03/17/2023 - 04/16/2023
AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 0.05 03/17/2023 - 04/16/2023
AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 10.80 03/17/2023 - 04/16/2023
5/8/2023 2:25:33 PM Page 1 of 12
Warrant List Post Dates: 05/09/2023-05/16/2023
Vendor Name Payable Number Post Date Description (Item) Amount AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 0.05 03/17/2023 - 04/16/2023
AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 0.05 03/17/2023 - 04/16/2023
AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 0.05 03/17/2023 - 04/16/2023
AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 0.22 03/17/2023 - 04/16/2023
AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 0.22 03/17/2023 - 04/16/2023
AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 0.22 03/17/2023 - 04/16/2023
AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 3.78 03/17/2023-04/16/2023
AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 3.78 03/17/2023 - 04/16/2023
AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 2.16 03/17/2023 - 04/16/2023
AT&T CALNET 3 0000198134481 05/16/2023 TELEPHONE SERVICE 0.07 03/17/2023 - 04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 0.21 03/17/2023-04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 0.21 03/17/2023-04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 0.21 03/17/2023-04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 0.21 03/17/2023-04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 41.50 03/17/2023-04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 0.21 03/17/2023-04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 0.21 03/17/2023-04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 0.21 03/17/2023-04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 0.83 03/17/2023-04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 0.83 03/17/2023-04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 0.83 03/17/2023-04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 14.53 03/17/2023-04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 14.53 03/17/2023-04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 8.30 03/17/2023-04/16/2023
AT&T CALNET 3 000019813475 05/16/2023 TELEPHONE SERVICE 0.19 03/17/2023-04/16/2023
AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 0.22 03/17/2023-04/16/2023
AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 0.22 03/17/2023 - 04/16/2023
AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 0.22 03/17/2023 - 04/16/2023
5/8/2023 2:25:33 PM Page 2 of 12
Warrant List Post Dates: 05/09/2023-05/16/2023
Vendor Name Payable Number Post Date Description (Item) Amount AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 0.22 03/17/2023 - 04/16/2023
AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 44.74 03/17/2023 - 04/16/2023
AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 0.22 03/17/2023 - 04/16/2023
AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 0.22 03/17/2023 - 04/16/2023
AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 0.22 03/17/2023 - 04/16/2023
AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 0.89 03/17/2023 - 04/16/2023
AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 0.89 03/17/2023 - 04/16/2023
AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 0.89 03/17/2023 - 04/16/2023
AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 15.66 03/17/2023 - 04/16/2023
AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 15.66 03/17/2023 - 04/16/2023
AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 8.95 03/17/2023 - 04/16/2023
AT&T CALNET 3 000019813478 05/16/2023 TELEPHONE SERVICE 0.25 03/17/2023 - 04/16/2023
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 0.06 03/17/23 - 04/16/23
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 0.06 03/17/23 - 04/16/23
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 0.06 03/17/23 - 04/16/23
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 0.06 03/17/23 - 04/16/23
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 11.57 03/17/23 - 04/16/23
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 0.06 03/17/23 - 04/16/23
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 0.06 03/17/23 - 04/16/23
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 0.06 03/17/23 - 04/16/23
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 0.23 03/17/23 - 04/16/23
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 0.23 03/17/23 - 04/16/23
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 0.23 03/17/23 - 04/16/23
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 4.05 03/17/23 - 04/16/23
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 4.05 03/17/23-04/16/23
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 2.31 03/17/23 - 04/16/23
AT&T CALNET 3 000019813480 05/16/2023 TELEPHONE SERVICE 0.05 03/17/23 - 04/16/23
Vendor AT&T CALNET 3 Total: 217.22
5/8/2023 2:25:33 PM Page 3 of 12
Warrant List Post Dates: 05/09/2023 -05/16/2023
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: BAKER SUPPLIES AND REPAIRS
BAKER SUPPLIES AND REP 88974 05/16/2023 GRASS HOPPER MOWER - 31.96 SPACER
Vendor BAKER SUPPLIES AND REPAIRS Total: 31.96
Vendor: CITY OF GUSTINE
CITY OF GUSTINE BORRELLI WATER 03/23/2 05/16/2023 BORRELLI WATER 35.32 03/23/2023 - 04/24/2023
Vendor CITY OF GUSTINE Total: 35.32
Vendor: CITY OF LIVINGSTON
CITY OF LIVINGSTON 0008422 05/16/2023 DISPATCH CONTRACT 4TH 27,215.18 QRT 22-23
Vendor CITY OF LIVINGSTON Total: 27,215.18
Vendor: CIVICPLUS, LLC
CIVICPLUS, LLC 259484 05/16/2023 MUNICODE 91.68
ADMISTRATIVE SUPPORT F
CIVICPLUS, LLC 259484 05/16/2023 MUNICODE 91.66
ADMISTRATIVE SUPPORT F
CIVICPLUS, LLC 259484 05/16/2023 MUNICODE 91.66
ADMISTRATIVE SUPPORT F
Vendor CIVICPLUS, LLC Total: 275.00
Vendor: CSG CONSULTING - PRECISION
CSG CONSULTING - PRECIS 50386 05/16/2023 PLANNING SERVICES 6,683.00 02/27/2023 -03/31/2023
CSG CONSULTING - PRECIS B230426 05/16/2023 BLDG PLAN REVIEW 279 279.06
WEST AVE
Vendor CSG CONSULTING - PRECISION Total: 6,962.06
Vendor: DAVID J FRANCIS
DAVID J FRANCIS 3576 05/16/2023 WASTEWATER AND DOG 784.03
SHELTER ELECTRICAL
UPGRADE
Vendor DAVID J FRANCIS Total: 784.03
Vendor: DAVID J PIRES
DAVID J PIRES 6470 05/16/2023 PW YARD RESTROOM 250.00
REPAIRS
Vendor DAVID J PIRES Total: 250.00
Vendor: DENNIS SEAVLONG HOUTH
DENNIS SEAVLONG HOUT INVO119 05/16/2023 PW #1077, #1066, #1012 112.50 #1079 VEHICLE GRAPHICS
DENNIS SEAVLONG HOUT INVO119 05/16/2023 PW #1077, #1066, #1012 90.00 #1079 VEHICLE GRAPHICS
DENNIS SEAVLONG HOUT INVO119 05/16/2023 PW #1077, #1066, #1012 247.50 #1079 VEHICLE GRAPHICS
DENNIS SEAVLONG HOUT INVO119 05/16/2023 PW #1077, #1066, #1012 300.00 #1079 VEHICLE GRAPHICS
Vendor DENNIS SEAVLONG HOUTH Total: 750.00
Vendor: DICK FORD'S TRACTOR REPAIR
DICK FORD'S TRACTOR REP 174684 05/16/2023 BELT REPLACEMENT FOR 71.88
SCHOOL DISTRICT MOWE
Vendor DICK FORD'S TRACTOR REPAIR Total: 71.88
Vendor: ELITE UNIFORMS
ELITE UNIFORMS XF1733 05/16/2023 PD RESERVE OFFICER 808.55
UNIFORMS
ELITE UNIFORMS XF1734 05/16/2023 PD RESERVE OFFICER 702.47
UNIFORM
5/8/2023 2:25:33 PM Page 4 of 12
Warrant List Post Dates: 05/09/2023-05/16/2023
Vendor Name Payable Number Post Date Description (Item) Amount ELITE UNIFORMS XF1735 05/16/2023 PD RESERVE OFFICER 86.59
UNIFORM
Vendor ELITE UNIFORMS Total: 1,597.61
Vendor: ERIC DOSS
ERIC DOSS 4535 05/16/2023 VALVE REPAIRS AT 520.00
SCHMIDT PARK BY
PETERSON SHELTER
ERIC DOSS 4536 05/16/2023 VALVE LEAK REPAIRS ON 370.00
WESTSIDE AREA NORTH
PUMP
Vendor ERIC DOSS Total: 890.00
Vendor: GEORGE OSNER, AICP URBAN PLANNING
GEORGE OSNER, AICP URB 01/09/2023 KATAKIS 05/16/2023 SE GUSTINE 255.00
IMPLEMENTATION
KATAKIS DECEMBER 2022
GEORGE OSNER, AICP URB 01/09/2023 RASMUSSEN 05/16/2023 SE GUSTINE 390.00
IMPLEMENTATION
RASMUSSEN DEC 2022
GEORGE OSNER, AICP URB 02/01/2023 KATAKIS 05/16/2023 SE GUSTINE 675.00
IMPLEMENTATION
KATAKIS JAN 2023
GEORGE OSNER, AICP URB 02/01/2023 RASMUSSEN 05/16/2023 SE GUSTINE 1,050.00
IMPLEMENTATION
RASMUSSEN JAN 2023
GEORGE OSNER, AICP URB 03/08/2023 KATAKIS 05/16/2023 SE GUSITNE 780.00
IMPLEMENTATION
KATAKIS FEB 2023
GEORGE OSNER, AICP URB 03/08/2023 RASMUSSEN 05/16/2023 SE GUSTINE 390.00
IMPLEMENTATION
RASMUSSEN FEB 2023
Vendor GEORGE OSNER, AICP URBAN PLANNING Total: 3,540.00 Vendor: GUSTINE DEPOT GARAGE, LLC
GUSTINE DEPOT GARAGE, 0031822 05/16/2023 PW #1072 REINSTALL 28.87
REAR VIEW MIRROR & OIL
CHANGE
GUSTINE DEPOT GARAGE, 0031822 05/16/2023 PW #1072 REINSTALL 23.09
REAR VIEW MIRROR & OIL
CHANGE
GUSTINE DEPOT GARAGE, 0031822 05/16/2023 PW #1072 REINSTALL 63.51
REAR VIEW MIRROR & OIL
CHANGE
GUSTINE DEPOT GARAGE, 0031822 05/16/2023 PW #1072 REINSTALL 76.97
REAR VIEW MIRROR & OIL
CHANGE
GUSTINE DEPOT GARAGE, 0031831 05/16/2023 VEHICLE # 1014 R&R 25.53
DOOR HINGE
GUSTINE DEPOT GARAGE, 0031831 05/16/2023 VEHICLE # 1014 R&R 20.43
DOOR HINGE
GUSTINE DEPOT GARAGE, 0031831 05/16/2023 VEHICLE # 1014 R&R 56.17
DOOR HINGE
GUSTINE DEPOT GARAGE, 0031831 05/16/2023 VEHICLE # 1014 R&R 68.08
DOOR HINGE
GUSTINE DEPOT GARAGE, 0031834 05/16/2023 PW #1068 DIESEL FUEL 230.00
PUT IN HYDRAULIC
GUSTINE DEPOT GARAGE, 0031846 05/16/2023 VEHICLE #1065 R&R 110.79
WATER PUMP & OIL
CHANGE
5/8/2023 2:25:33 PM Page 5 of 12
Warrant List Post Dates: 05/09/2023 -05/16/2023
Vendor Name Payable Number Post Date Description (Item) Amount GUSTINE DEPOT GARAGE, 0031846 05/16/2023 VEHICLE #1065 R&R 88.63
WATER PUMP & OIL
CHANGE
GUSTINE DEPOT GARAGE, 0031846 05/16/2023 VEHICLE #1065 R&R 243.73
WATER PUMP & OIL
CHANGE
GUSTINE DEPOT GARAGE, 0031846 05/16/2023 VEHICLE #1065 R&R 295.44
WATER PUMP & OIL
CHANGE
GUSTINE DEPOT GARAGE, 0031932 05/16/2023 PW #1054 R&R 105.00
HYDRAULIC LINES
GUSTINE DEPOT GARAGE, 0031932 05/16/2023 PW #1054 R&R 84.00
HYDRAULIC LINES
GUSTINE DEPOT GARAGE, 0031932 05/16/2023 PW #1054 R&R 231.00
HYDRAULIC LINES
GUSTINE DEPOT GARAGE, 0031932 05/16/2023 PW #1054 R&R 280.01
HYDRAULIC LINES
GUSTINE DEPOT GARAGE, 0032009 05/16/2023 PW #1070 R&R 54.90
ALTERNATOR ASSEMBLY
GUSTINE DEPOT GARAGE, 0032009 05/16/2023 PW #1070 R&R 43.92
ALTERNATOR ASSEMBLY
GUSTINE DEPOT GARAGE, 0032009 05/16/2023 PW #1070 R&R 120.79
ALTERNATOR ASSEMBLY
GUSTINE DEPOT GARAGE, 0032009 05/16/2023 PW #1070 R&R 146.41
ALTERNATOR ASSEMBLY
GUSTINE DEPOT GARAGE, 0032016 05/16/2023 VEHICLE #1077 OIL 9.15 CHANGE
GUSTINE DEPOT GARAGE, 0032016 05/16/2023 VEHICLE #1077 OIL 7.32 CHANGE
GUSTINE DEPOT GARAGE, 0032016 05/16/2023 VEHICLE #1077 OIL 20.13 CHANGE
GUSTINE DEPOT GARAGE, 0032016 05/16/2023 VEHICLE #1077 OIL 24.39 CHANGE
GUSTINE DEPOT GARAGE, 0032042 05/16/2023 PW #1050 INSTALL 35.54
BATTERY
GUSTINE DEPOT GARAGE, 0032042 05/16/2023 PW #1050 INSTALL 28.43
BATTERY
GUSTINE DEPOT GARAGE, 0032042 05/16/2023 PW #1050 INSTALL 78.19
BATTERY
GUSTINE DEPOT GARAGE, 0032042 05/16/2023 PW #1050 INSTALL 94.79
BATTERY
GUSTINE DEPOT GARAGE, 0032055 05/16/2023 PW #1012 OIL CHANGE 7.42 GUSTINE DEPOT GARAGE, 0032055 05/16/2023 PW #1012 OIL CHANGE 5.94 GUSTINE DEPOT GARAGE, 0032055 05/16/2023 PW #1012 OIL CHANGE 16.32 GUSTINE DEPOT GARAGE, 0032055 05/16/2023 PW #1012 OIL CHANGE 19.78 GUSTINE DEPOT GARAGE, 0031836 05/16/2023 PD PRIUS OIL CHANGE 78.08 0W16
GUSTINE DEPOT GARAGE, 0031938 05/16/2023 PD #151 R&R BRAKES 201.17 GUSTINE DEPOT GARAGE, 0032015 05/16/2023 PD PRIUS OIL CHANGE 63.45 GUSTINE DEPOT GARAGE, 0032048 05/16/2023 PD #201 OIL CHANGE 57.96 Vendor GUSTINE DEPOT GARAGE, LLC Total: 3,145.33
Vendor: IEH-JL ANALYTICAL
IEH-JL ANALYTICAL 596256 05/16/2023 WWTP WATER SAMPLES 208.00 4/4/23 - 4/5/23
Vendor IEH-JL ANALYTICAL Total: 208.00
5/8/20232:25:33 PM Page 6 of 12
Warrant List Post Dates: 05/09/2023 -05/16/2023
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: KELLY GREGG
KELLY GREGG 04/28/2023 PAINT NIGHT 05/16/2023 REC PAINT NIGHT 1,110.00 INSTRUCTOR APRIL 2023
Vendor KELLY GREGG Total: 1,110.00
Vendor: MADERA UNIFORM & ACCESSORIES, LLC
MADERA UNIFORM & ACC 262110 05/16/2023 PD VOLUNTEER UNIFORM 59.54 Vendor MADERA UNIFORM & ACCESSORIES, LLC Total: 59.54
Vendor: MID-VALLEY DISPOSAL LLC
MID-VALLEY DISPOSAL LLC APRIL 2023 05/16/2023 REFUSE SERVICES 52,489.11 03/24/2023 - 04/24/2023
Vendor MID-VALLEY DISPOSAL LLC Total: 52,489.11
Vendor: O'REILLY AUTO ENTERPRISES, LLC
O'REILLY AUTO ENTERPRIS 5718-335751 05/16/2023 PW #1072 INSIDE CAB 8.65
LIGHT REPLACEMENT
O'REILLY AUTO ENTERPRIS 5718-336490 05/16/2023 BELTS FOR SCHOOL 30.43
DISTRICT MOWER
O'REILLY AUTO ENTERPRIS 5718-336619 05/16/2023 BELTS FOR SCHOOL -28.84
DISTRICT MOWER CREDIT
O'REILLY AUTO ENTERPRIS 5718-337192 05/16/2023 BELTS FOR SCHOOL 34.76
DISTRICT MOWER
Vendor O'REILLY AUTO ENTERPRISES, LLC Total: 45.00
Vendor: POLICE OFFICERS ASSOC
POLICE OFFICERS ASSOC PR - 4/28/23 05/16/2023 PAYROLL DEDUCTIONS 480.00 Vendor POLICE OFFICERS ASSOC Total: 480.00
Vendor: PUBLIC EMP RETIREMENT SYSTEM
PUBLIC EMP RETIREMENT PR - 4/28/23 EE CLASSIC 05/16/2023 RETIREMENT 1,290.17
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR - 4/28/23 EE PEPRA MI 05/16/2023 RETIREMENT 1,857.93
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR EE EE CLASSICS 05/16/2023 RETIREMENT 685.11
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR - 4/28/23 EE PEPRA SA 05/16/2023 RETIREMENT 1,801.81
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR -4/28/23 ER CLASSIC 05/16/2023 RETIREMENT 1,897.41
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR - 4/28/23 ER PEPRA MI 05/16/2023 RETIREMENT 2,056.16
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR - 4/28/23 ER CLASSICS 05/16/2023 RETIREMENT 1,596.41
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR - 4/28/23 ER PEPRA SA 05/16/2023 RETIREMENT 1,771.43
CONTRIBUTIONS
Vendor PUBLIC EMP RETIREMENT SYSTEM Total: 12,956.43
Vendor: ROLFE CONSTRUCTION INC.
ROLFE CONSTRUCTION IN NO.02R 05/16/2023 SOIL REMOVAL AND 2,363.15
DISPOSAL
Vendor ROLFE CONSTRUCTION INC. Total: 2,363.15
Vendor: STATE STREET BANK & TRUST COMPANY
STATE STREET BANK & TRU PR -4/28/23 05/16/2023 PAYROLL DEDUCTIONS 174.33 STATE STREET BANK & TRU PR - 04/28/23 05/16/2023 PAYROLL DEDUCTIONS 174.33 STATE STREET BANK & TRU PR -4.28.23 05/16/2023 PAYROLL DEDUCTIONS 250.00 Vendor STATE STREET BANK & TRUST COMPANY Total: 598.66
Vendor: T-MOBILE USA, INC
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 3.03 03/21/23 - 04/20/23
5/8/2023 2:25:33 PM Page 7 of 12
Warrant List Post Dates: 05/09/2023 -05/16/2023
Vendor Name Payable Number Post Date Description (Item) Amount T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 3.03 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 3.03 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 3.03 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 485.17 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 3.03 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 3.03 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 3.03 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 9.70 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 9.70 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 9.70 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 145.55 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 145.60 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 71.56 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 285.78 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 3.04 03/21/23 - 04/20/23
T-MOBILE USA, INC 03/21/23 - 04/20/23 05/16/2023 TELEPHONE SERVICE 25.91 03/21/23 - 04/20/23
Vendor T-MOBILE USA, INC Total: 1,212.92
Vendor: TRI COUNTIES BANK CARDMEMBER SERVICES
TRI COUNTIES BANK CARD 03/24/2023 JM IONOS 05/16/2023 WATER CLOUD SERVER 25.00 FEE 3/22/23 - 4/22/23
TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 3.94 3/1/23 - 4/30/23
TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 3.94 3/1/23-4/30/23
TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 3.94 3/1/23-4/30/23
TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 3.94 3/1/23 - 4/30/23
TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 787.68 3/1/23 - 4/30/23
TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 3.94 3/1/23 - 4/30/23
TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 3.94 3/1/23 - 4/30/23
TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 3.94 3/1/23 - 4/30/23
TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 15.75 3/1/23 - 4/30/23
TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 15.75 3/1/23 - 4/30/23
5/8/2023 2:25:33 PM Page 8 of 12
Warrant List Post Dates: 05/09/2023 - 05/16/2023
Vendor Name Payable Number Post Date Description (Item) Amount TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 15.75 3/1/23-4/30/23
TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 275.69 3/1/23 - 4/30/23
TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 275.69 3/1/23 - 4/30/23
TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 157.54 3/1/23 - 4/30/23
TRI COUNTIES BANK CARD 04/01/2023 JM GOTO CO 05/16/2023 TELEPHONE SERVICE 3.93 3/1/23-4/30/23
TRI COUNTIES BANK CARD 04/24/2023 JM IONOS 05/16/2023 WATER CLOUD SERVER 42.00 FEE. 4/22/2023-5/22/2023
TRI COUNTIES BANK CARD 04/27/2023 JM CSMFO 05/16/2023 WEBINAR - CLOSING 25.00 BOOKS
TRI COUNTIES BANK CARD 04/18/2023 JW ELIKA 05/16/2023 AIRPORT GATE OPENER 59.48 CARD READER 4/18/23-
TRI COUNTIES BANK CARD 03/30/2023 MC BEST BEST 05/16/2023 BBK PRA WEBINAR 75.00 TRI COUNTIES BANK CARD 03/31/2023 SJ QUICKBOO 05/16/2023 PD SHOULDER PATCHES 268.46 TRI COUNTIES BANK CARD 04/08/2023 SJ HYATT 05/16/2023 2023 CAPE TRAINING FOR 696.39 N. CANALS
TRI COUNTIES BANK CARD 04/11/2023 SJ PIZZA FACT 05/16/2023 PARENT MEETING FOR 130.99
MAPS PROGRAM
TRI COUNTIES BANK CARD 04/14/2023 SJ EBAY 05/16/2023 PW FOUR DUTY RH 419.97
HOLSTERS
TRI COUNTIES BANK CARD 04/24/2023 SJ PIZZA FACT 05/16/2023 EXPLORER PARENT 103.95
MEETING
TRI COUNTIES BANK CARD 03/31/2023 TV TSURUMI 05/16/2023 CARD FOR SMALL TRASH 80.98 PUMP
TRI COUNTIES BANK CARD 03/31/2023 TV TSURUMI 05/16/2023 CARD FOR SMALL TRASH 80.97 PUMP
TRI COUNTIES BANK CARD 04/01/2023 TV ALASKA AI 05/16/2023 TRAVEL CONFERENCE 30.00
BAGGAGE FEE
TRI COUNTIES BANK CARD 04/07/2023 TV ALASKA AI 05/16/2023 TRAVEL CONFERENCE 30.00
BAGGAGE FEE
TRI COUNTIES BANK CARD 04/07/2023 TV HILTON (1) 05/16/2023 CPRS CONFERENCE 1,419.32
HOTEL/TRAVEL
TRI COUNTIES BANK CARD 04/07/2023 TV HILTON HO 05/16/2023 CPRS CONFERENCE HOTEL 6.47
IN-ROOM DRINKING
WATER
TRI COUNTIES BANK CARD 04/07/2023 TV UBER 05/16/2023 CPRS CONFERENCE 19.58
TRANSPORTATION FEE
TRI COUNTIES BANK CARD 04/10/2023 TV WHEN TO 05/16/2023 SOFTWARE FOR AQUATIC 66.00 CENTER
TRI COUNTIES BANK CARD 04/12/2023 TV HUB (1) 05/16/2023 INSURANCE-ED 116.64
PETERSON SHELTER RENTA
TRI COUNTIES BANK CARD 04/12/2023 TV HUB (2) 05/16/2023 INSURANCE-ED 108.11
PETERSON SHELTER RENTA
TRI COUNTIES BANK CARD 04/13/2023 TV VISTA PRIN 05/16/2023 COLORS RUN 367.92
PROMOTIONAL BANNERS
TRI COUNTIES BANK CARD 04/13/2023 TV WALMART 05/16/2023 MOVIE NIGHT CRAFT 32.45 SUPPLIES 4/14/23
TRI COUNTIES BANK CARD 04/17/2023 TV HUB 05/16/2023 INSURANCE- AL GOMAN 148.69 CENTER RENTAL 4/22/23
TRI COUNTIES BANK CARD 04/18/2023 TV VISTA PRIN 05/16/2023 POOL DONATIONS - 174.27
PROMOTIONAL BANNER
5/8/2023 2:25:33 PM
Warrant List Post Dates: 05/09/2023 - 05/16/2023
Vendor Name Payable Number Post Date Description (Item) Amount TRI COUNTIES BANK CARD 04/25/2023 TV HUB 05/16/2023 INSURANCE-ED 116.64
PETERSON SHELTER RENTA
TRI COUNTIES BANK CARD 04/27/2023 TV DOLLAR G 05/16/2023 PAINT NIGHT SUPPLIES 12.10 4/28/23
TRI COUNTIES BANK CARD 04/28/2023 TV PERRY'S M 05/16/2023 PAINT NIGHT SUPPLIES 77.02 4/28/23
Vendor TRI COUNTIES BANK CARDMEMBER SERVICES Total: 6,308.76 Vendor: TURLOCK SPAY NEUTER CLINIC LLC
TURLOCK SPAY NEUTER CLI 2067844 05/16/2023 PD SPAY/NEUTER CLINIC 85.00 Vendor TURLOCK SPAY NEUTER CLINIC LLC Total: 85.00
Vendor: UNITED RENTALS (NORTH AMERICA), INC
UNITED RENTALS (NORTH 217368300-001 05/16/2023 MAN LIFT DIAGNOSTIC 590.44
AND REPAIR PARTS
Vendor UNITED RENTALS (NORTH AMERICA), INC Total: 590.44 Grand Total: 130,791.09
5/8/2023 2:25:33 PM Page 10 of 12
Warrant List Post Dates: 05/09/2023 - 05/16/2023
Report Summary
Fund Summary
Fund Payment Amount
001 - GENERAL FUND 45,299.02
009 - COMMUNITY CENTER FUND 27.62
016 - SWIM POOL FUND 365.74
019 - RECREATION FUND 3,316.64
059 - STORM DRAIN 483.44
060 - WATER FUND 1,776.24
061 - SEWER FUND 3,528.93
062 - REFUSE 52,739.93
063 - AIRPORT FUND 352.79
074 - ASSESS - BORRELLI 35.32
093 - INSURANCE TRUST FUND (RENTAL) 490.08
099 - PAYROLL TRUST FUND 15,152.19
200 - REGIONAL MEASURE V 2,363.15
505 - CAL VIP GRANT 4,860.00
Grand Total: 130,791.09
Account Summary
Account Number Account Name Payment Amount
001-0120-530.011-00 TELEPHONE & INTERNET 7.51
001-0140-530.011-00 TELEPHONE & INTERNET 7.51
001-0140-530.091-00 MEETINGS & TRAINING 25.00
001-0142-520.010-00 DEPT OPERATING SUPPL 80.49
001-0142-530.011-00 TELEPHONE & INTERNET 7.51
001-0142-530.091-00 MEETINGS & TRAINING 75.00
001-0150-530.011-00 TELEPHONE & INTERNET 7.51
001-0210-520.011-00 UNIFORM ALLOWANCE 2,345.58
001-0210-520.030-00 MOTOR VEHICLE EXPEN 400.66
001-0210-530.011-00 TELEPHONE & INTERNET 1,381.46
001-0210-530.089-00 COMMUNITY PROMOTI 103.95
001-0210-530.091-00 MEETINGS & TRAINING 696.39
001-0210-530.201-00 OTHER CONTRACT SERVI 27,215.18
001-0220-520.010-00 DEPT OPERATING SUPPI 143.97
001-0230-520.010-00 DEPT OPERATING SUPPI 137.32
001-0410-530.009-00 OTHER PROFESSIONALS 3,540.00
001-0410-530.011-00 7.51
001-0410-530.201-00 OTHER CONTRACT SERVI 6,962.06
001-0460-530.011-00 7.51
001-0610-520.010-00 DEPT OPERATING SUPPL 1,393.22
001-0610-520.030-00 MOTOR VEHICLE EXPEN 496.17
001-0610-530.011-00 TELEPHONE 7.51
001-0610-540.011-00 BUILDINGS 250.00
009-0150-530.011-00 TELEPHONE 27.62
016-0613-520.010-00 DEPT OPERATING SUPPL 338.12
016-0613-530.011-00 TELEPHONE 27.62
019-0613-520.010-00 DEPT OPERATING SUPPL 305.73
019-0613-530.011-00 TELEPHONE 27.62
019-0613-530.091-00 MEETINGS & TRAINING 1,505.37
019-0613-530.201-00 OTHER CONTRACT SERVI 1,110.00
019-0613-613.020-00 DEPT OPS SUPPLIES - CO 367.92
059-0730-520.010-00 DEPT OPERATING SUPPL 91.68
059-0730-520.030-00 MOTOR VEHICLE EXPEN 391.76
060-0142-520.010-00 DEPT OPERATING SUPP! 91.66
060-0710-520.010-00 DEPT OPERATING SUPPL 80.98
060-0710-520.030-00 MOTOR VEHICLE EXPEN 1,077.34
060-0710-530.011-00 459.26
060-0710-530.094-00 LICENSES & PERMIT FEE 67.00
061-0520-520.010-00 DEPT OPERATING SUPPL 172.63
5/8/2023 2:25:33 PM Page 11 of 12
Warrant List Post Dates: 05/09/2023 - 05/16/2023
Account Summary
Account Number Account Name Payment Amount
061-0520-520.030-00 MOTOR VEHICLE EXPEN 1,314.52
061-0520-530.011-00 TELEPHONE 459.31
061-0520-530.072-00 OTHER EQUIPMENT REP 590.44
061-0520-530.201-00 OTHER CONTRACT SERVI 208.00
061-0520-540.020-00 OTHER IMPROVEMENTS 784.03
062-0510-530.009-00 OTHER PROFESSIONALS 52,489.11
062-0510-530.011-00 TELEPHONE & INTERNET 250.82
063-0340-520.010-00 DEPT OPERATING SUPPL 285.78
063-0340-530.011-00 TELEPHONE 7.53
063-0340-530.201-00 OTHER CONTRACT SERVI 59.48
074-0610-530.059-00 WATER UTILITY 35.32
093-0000-220.070 INSURANCE TRUST
099-0000-220.050 PERS PAYABLE 12,956.43
099-0000-220.065 AFLAC PAYABLE 1,117.10
099-0000-220.071 POA DEDUCT PAYABLE 480.00
099-0000-220.092 CAL PERS 457 DEF COMP 598.66
200-1080-550.106-00 CONTRACT SERVICES - H 2,363.15
505-0210-520.010-00 DEPT OPERATING SUPPL 4,703.10
505-0210-520.040-00 TELEPHONE EXPENSE
505-0210-530.201-00 OTHER CONTRACT SERVI 130.99
Grand Total: 130,791.09
Project Account Summary
Project Account Key Payment Amount
**None** 120,027.94
2020-21-5B 2,363.15
CAL VIP GRANT EXPENSE 4,860.00
KATAKIS 1,710.00
M. RASMUSSEN 1,830.00
Grand Total: 130,791.09
Janglosion
5|8/2023
5/8/2023 2:25:33 PM Page 12 of 12
FIVE CI CAINE TREASURER'S REPORT
Month Ending April 30, 2023
Balance Balance
Accounts Beginning of Month Deposits Withdrawals End of Month State of California Local Agency
$ 5,152,475.76 $ 34,726.85 $ - $ 5,187,202.61
Investment Fund
General Checking Account $ 6,220,784.39 • $ 745,793.28 $ 733,672.06 $ 6,232,905.61 Payroll Account $ 348.528.29 $ 163,038.14 $ 144,102.06 $ 367.464.37 Total Cash and Investments 11,721,788.44 $ 943,558.27 $ 877,774.12 $ 11,787,572.59 (The following statements are required by California Government Code Section 53646 (b) (2.3)) Investments are made pursuant to the City Council approved Investment Policy and Guidelines.
Prepared by: eNM
Jenny Morrison, Finance Director
ITEM NO. 5
IFORNIA
COUNCIL AGENDA ITEM
MAY 16, 2023
PREPARED By: Tiffany Vitorino, Recreation Manager
SUBJECT: Consider Fee Waiver Request for use of City Facilities for 2023 Boys and Girls Club Gustine Summer Camp
BACKGROUND/DISCUSSION
Last year the Boys and Girls Club (BGC) of Merced County, Gustine Unified School District (GUSD) and the City of Gustine were able to gather resources and collaborate offering an amazing Youth Summer Camp in Gustine. Staff has once again been in contact and met with the School District and BC and is excited to announce they are able to offer the program once again this summer.
BGC will build upon last year's program and add to the experiences by providing additional activities and programs. BGC will also again organize a work-training program for high school teens to provide paid employment opportunities and work with Merced County WorkNet.
The BGC of Merced County will run the camp, implementing a dynamic and tested curriculum. They will handle all the personnel aspects of the program including hiring, background-check, training and supervising all employees. They will also administer the program, developing the budget, purchase the materials and implement the services to youth on a daily basis.
GUSD has once again offered to provide the funding to BGC needed to complete the portions above and all the other hard costs related to the program-through a Memorandum of Understanding between the two. The District will also provide use of Gustine High School for the program. GUSD will also provide meals throughout the day for participants through its summer nutrition program.
GUSD has the funding needed for this year's program. If GUSD does not have funding in future years, the City, BGC and GUSD will have data and participation rates from these past two years that will be helpful to include in funding applications that the three can collaborate on for the future.
The program includes time in all the Henry Miller Park facilities including the park grounds, Rotary Shelter, gazebo, library community room and pool. The pool was very popular with the group last year.
Staff recommends the City provide those same facilities to the new program as in-kind contributions, waiving all fees related to use:
• Henry Miller Park Facilities on an as needed agreement for the full summer program (including grounds, gazebo and Rotary shelter area. • Gustine Library Community Room for as needed for program trainings and meetings (allowing use by service groups with existing reservations in the facility). • City pool once or twice a week for the program, to include providing cost of lifeguards.
City staff will work closely with BGC to schedule these facilities. Since BGC will be the entity legally responsible for the activities and the employees, the Council needs to approve a fee waiver for facility use to BGC to provide the programming. BGC Will provide insurance coverage naming the City as additional insured.
All partners will promote this program. BGC will handle registration, including holding evening registration events. GUSD will promote the program to parents through direct communications. The City will promote the program to the community through its outlets, including social media and marquee.
FISCAL IMPACT
The City will provide in-kind support through facilities use and waiver of fees.
The estimated waiver amount for the pool is $3,360, which includes estimating daily entry fees for 80 participants twice a week for 7 weeks.
The Library Community Room Service Club rental rate of $25 per day at twice a week for 7 weeks totals $350.
Total amount requested for waiver is $3,710.
RECOMMENDATION
City Council consider a motion to waive all facility use fees, and lifeguard costs for Boys and Girls Club (BGC) of Merced County related to the summer youth camp.
EXHIBIT(S)
A) BGC Promotional Flyers (Spanish & English)
APPROVED BY: _
Anna Nicholas, City Manager
KDO BOYS & GIRLS CLUB
OF MERCED COUNTY
SUMMER FREE!
CAMP SIGN UP
TODAY
Get ready for summer fun
for Grades TK-6
June 12, 2023
Learn about food insecurity, the thru
environment & learn to cook healthy meals
Meals and Snacks provided July 28, 2023
7:30 AM-5:30 PM
Outdoor Game, Dress-up Day, Treasure
Hunts, Performing Arts, Carnival
GUSTINE HIGH SCHOOL
Gamings, Interactive Game.
501 North Avenue
Gustine, CA
TO REGISTER, CONTACT
(209) 722-9922
[email protected]
www.bgcmerced.org or scan
our QR Code
Space is limited, first come first
TALENT EASION served & waiting list available
CENTRAL
Gustine VALLEY
#Californians ForAll WORKNET
COMMUNITY
SCHOOL DISTRICT FOUNDATION Youth Jobs Corps • SCAN ME
BOYS & GIRLS CLUB
OF MERCED COUNTY
CAMPAMENTO DE GRATIS!
VERANO INSCRIBETE
HOY
Preparate para un verano divertido
para los grados TK-6
Aprenda sobre inseguridad alimentaria, el medio Junio 12, 2023 ambiente, y a cocinar comidas saludables Hasta
Comidas y Aperitivos Incluidos
Juegos, Dia de Vestir, Busqueda del Tesoro, Artes Julio 28, 2023 Escenicas, Juegos de Carnaval, Juegos Interactivos. 7:30 AM - 5:30 PM
GUSTINE HIGH SCHOOL
501 North Avenue
Gustine, CA
PARA REGISTRO, CONTACTAR
(209) 722-9922
[email protected]
www.bgcmerced.org
Cupo Limitado, & Lista de
Espera
CENTRAL
VALLEY = Callfornians ForAll
Gustite COMMUNITY WORKNET
UNIRED Youth Jobs Corps
SCHOOL DISTRICT FOUNDATION • SCAN ME
GUSTINE
UB
WANT TO MAKE A BOYS & GIRLS CLUB
OF MERCED COUNTY
POSITIVE IMPACT WITH
KIDS, ADDRESS FOOD
INSECURITY AND THE
ENVIRONMENT?
Join our Paid Summer Youth Internship Program!
ARE YOU INTERESTED?
CALL US AT (209) 722-9922, SEND AN
EMAIL TO [email protected]
OR SCAN THE QR CODE TO SIGN UP! • SCAN ME
Do you enjoy mentoring? Want to make a positive impact? Do you have boundless energy? Are you between 16-17 y/o? Join now! This program is CENTRAL
WORKNET VALLEY
supported by Gustite Youth Jobs Corps COMMUNLEY
MERCED COUNTE
FOUNDATIOA
GUSTINE
UB
BOYS & GIRLS CLUB
OF MERCED COUNTY
QUIERE TENER IMPACTO
POSITIVO CON NINOS,
ABORDAR LA INSEGURIDAD
ALIMENTARIA Y AMBIENTE?
Unise a nuestra programa de pasantias de verano remuneradas ESTAS INTERESADO??
LLAMA ( 209) 722-9922, ENVIAR CORREO
ELECTRONICO A [email protected]
O ESCANEAR EL QR CODIGO PARA
• SCAN ME
REGISTRAR
Disfrutas de la tuteria? ? Tienes la energia? Edades 16-17 y/o? Unise hoy! Estas programmas
ENTRAL
estan patrocinado WORKNET
Gustate Youth Jobs Corps
por BUNBATIO!
SCHOCE DETECT
STOP
TYS & GIRT
CAN YOU IMAGINE
HAVING A BUNCH OF
FOLLOWERS IN REAL
LIFE?
This summer is your chance to stay cool.
As a Summer Youth Intern, you will:
-Work up to 40 hours per week
-Complete 40 hours of training
-Facilitate activities around food insecurity and the environment -Assist staff with programs and activities
- Mentor children in the program
-Oversee the our Summer Camp Program
Must be available to work June 5th - July 28th, 2023
For more information about our summer youth programs or to sign-up, please contact our office at 209|722-9922 or send an email to [email protected]. To learn more about the Boys and Girls Club of Merced County, visit our website: www.bgcmerced.com or find us on Facebook & Instagram.
Please scan the QR Code to sign-up
• SCAN ME
STOP
YS R. GIRT
TE IMAGINAS TENER UN
MONTON DE SEGUIDORES
EN LA VIDA REAL?
Este Veranao es tu oportunidad!
Como pasante juvenil de verano, usted :
-Trabaja 40 horas por semana
-Completar 40 horas de entrenamento
-Facilitar las actividades alrededor de inseguridad de alimento y el ambiente
-Asistar personal con programmas у actividades
-Orientar a los ninos en el programa
-Supervisar nuestro campamento de verano
Ser disponible para trabajar June 5th - July 28th, 2023 Para mas informacion de nuestra programa semanal para juvinilesa o para registrar, contacta nuestra oficina al 209|722-9922 o envia correo electronica a [email protected]. Pa saber ma de Boys and Girls Club of Merced County, website:
www.bacmerced.com or find us on Facebook & Instagram.
Por favor escanee el QR Codigo to sign-up D Si
@SCAN ME
CALIFO ITEM NO. 6
GUSTINE CITY
COUNCIL AGENDA ITEM
MAY 16, 2023
PREPARED BY: Melanie Correa, Administrative Services Director SUBJECT: Cancellation of July 4, 2023 Regular Council Meeting
BACKGROUND/DISCUSSION
The 4th of July falls on the first Tuesday in July in 2023. As per GMC Section 2-2-33 regular meetings of the City Council shall be conducted on the first and third Tuesday of every month.
City Hall has always observed the holiday as a day of closure, affording City staff the opportunity to celebrate the nation's independence as they so choose, away from work.
As such, staff is requesting consensus from the City Council to cancel the regularly scheduled meeting of July 4, 2023. Staff has confirmed that no pressing matters require the City Council to continue the meeting to a date certain.
FISCAL IMPACT
None. Staff will prepare an item for City Council to consider directing staff to send out warrants in between the June 20 and July 18 regular meetings, which will be brought forth at a future meeting.
RECOMMENDATION
Provide Council consensus to cancel the July 4, 2023 regular City Council meeting.
EXHIBIT(S)
None
APPROVED BY:_
Anna Nicholas, City Manager
ITEM NO. 7
SALT GIT CARLITON
COUNCIL AGENDA ITEM
MAY 16, 2023
PREPARED BY: Ruben Chavez, Chief of Police
SUBJECT: Chamber of Commerce July 4'h Parade
BACKGROUND/DISCUSSION
The July 4th Parade is scheduled for Tuesday, July 4, 2023, beginning at 10:00 AM. The parade will require Police escort, and the route is as follows:
The parade will form within a one-block radius of the 5th Street and 1st Ave intersection.
For participant safety, the staging area will be one block in all directions from 6th Street and 1st Ave and one block on West from North Ave to 2nd Ave. The parade is expected to attract many displays and participants. It will commence and travel southbound 5ih Street from the Gustine Veterans Hall to 5th Ave where it will turn westbound on 5'h Ave, then northbound on 6'h Street to 1st Ave. At this point, the parade participants will be dispersed.
The Chamber is requesting no parking signs along the staging area and for the area to be cordoned off for the safety of those participating. They also request barricades be placed at the intersections of the parade route to avoid any uninvolved vehicles from accidently entering the parade and for the safety of those walking.
FISCAL IMPACT
Public Works Personnel should be able to deliver and retrieve approximately 12 barricades, incurring about 2 hours of overtime, at a cost of $120.00. Police escort for the parade will require two uniformed Police Officers. Police staffing is minimal for holiday, however additional officers/volunteers/Explorers can be staffed for traffic control. The current fee schedule for a Gustine Police Officer is $50.00 per hour, for an overall cost of $200.00. The Chamber is requesting all fees to be waived.
RECOMMENDATION
City Council to approve the request by The Chamber of Commerce for use of city streets and services and the request to waive the fees associated with city staff costs for the 4th of July parade.
EXHIBIT(S)
A) Letter of request from Judi Gandy, Gustine Chamber of Commerce B) Map of proposed procession route
QA
APPROVED BY:
Anna Nicholas, City Manager
Gustine Chamber of Commerce
375 5th St.
Gustine, Ca. 95322
Phone (209)-854-6975-FAX (209)-854-3511
Wel Site: www.gustinechamberafcommerce.com
Email: [email protected]
To: The City of Gustine
Re: Gustine Chamber of Commerce 4*h of July Parade
The Gustine Chamber of Commerce is planning to put on the annual 4*h of July Parade again this year in downtown Gustine. We are requesting to use the same parade route as years past. Below is a detailed explanation of what the Chamber would like barricaded, no parking, etc.
The following parade route we are requesting to have "no parking" signs and barricades blocking the route.
Parade Route:
Start of Parade: 5th Street and 15 Avenue
Parade Travel: Down 5'h Street, turning RIGHT on 5'' Avenue, turning RIGHT on 6th Street
End of Parade: Parade participants will end the corner of 6 Street and 2nd Ave.
From there parade entrants will only be allowed to stop there to drop off anyone riding on their floats, and they will then be asked to move.
The following line up sections we are requesting to have "no parking signs" and barricades blocking the area. In the past this section has not been barricaded, and we have had non-participating vehicles driving through the line up area many times. We worry of the safety of our parade participants, children, animals, and their personal property. In the line up area we have many people walking around, animals, and vehicles or floats. We are requesting this specific area to be barricaded this year and in years to follow to prevent unwanted vehicles from driving through for the safety of all involved.
Parade Line Up:
Portion of West Avenue barricaded at North Avenue and at 2nd Avenue. 1s Avenue barricaded at 5th Street
6'h Street barricaded at North Avenue and at 2nd Avenue I have included a highlighted map of my requests. Blue highlights is the parade route, yellow highlights is the line up area, and the red lines are the requested barricades. All along both routes we are requesting "no parking" signs for the morning of the parade.
The Chamber would like a fee waiver for the above request.
Please contact me if there are any questions, my cell phone number is 209-587-0810.
Gustine Chamber of Commerce
Pusateri Nut
- North Ave North Ave (140) 140
ist Ave
West Ave Hillview Funeral Chapel u
Chevron
McDonald's Q
Gustine Veterans G
Memorial HallY
Watermill Express
2nd Ave
Rico, Pfizer, Pires
and Associates
Gustine Public Library
Perry's More Than Pizza
3Id Ave
Henry: United States
Miller Park Postal Service
3rd Ave Tri Countles Bank
Gustine Police
Department
Bared! America ATM Gustine Museum
Gustine Presbyterian Ath Ave
Community
Morningstar For
4th Ave
Pizza Factory G
7th St Subway Restaurant 5th Ave
5th Ave
West Ave
La Mexicana
Coast Hardware
KWIK SERV
Gonale
ITEM NO. 8
GUSTINE
COUNCIL AGENDA ITEM
MAY 16, 2023
Prepared By: Ann Siprelle, City Attorney
Subject: Approve Restated Joint Powers Agreement of Merced County Association of Governments (MCAG)
BACKGROUND
The City of Gustine is a member of the Merced County Association of Governments (MCAG), a Joint Powers Authority (JPA) formed in 1967, by the cities of Gustine, Los Banos, Atwater, Merced, Livingston, and Dos Palos, and the County of Merced under the provisions of California Government Code Section 6500, et seq. MCAG serves as the Metropolitan Planning Organization, Regional Transportation Planning Agency, and Local Transportation Authority for Merced County. The MCAG governing board includes a supervisor from each of the five county districts and an elected official from each of the cities. In addition to transportation planning, MCAG also administers the Transit Joint Powers Authority for Merced County, Merced County Regional Waste Management Authority, and Yosemite Area Regional Transportation System. MCAG is also responsible for the administration of Measure V, a half-cent transportation tax. The current JPA Agreement expires on July 18, 2023.
DISCUSSION
The Governing Board of MCAG began reviewing the current Agreement in November 2021 for amendments and updates. In February 2022, an amended (draft) JPA was released to each of the member agencies for review and comment. The deadline to submit comments was July 6, 2022. At the July 15, 2022, MCAG meeting, the city members of the JPA requested additional time to review and submit comments. In light of this request, the MCAG Board unanimously approved a motion granting 60 additional days for comment, at the expiration of time period, if no comments were received, the draft circulated in February 2022 would be submitted to each jurisdiction for ratification.
During the October 20, 2022, MCAG meeting, additional time was requested by some of the city members to negotiate discrete portions of the JPA. Counsels met over the course of several months between November 2022 and January 2023 negotiating changes to the draft JPA with a comment period deadline of January 6, 2023. The JPA agreement was then submitted to the MCAG Board on January 19, 2023 for final review. At the January 19, 2023 meeting, the MCAG Board voted unanimously to submit such draft to their respective jurisdictions for ratification.
Subsequent to the January 19, 2023 MCAG Board meeting, additional revisions and corrections were requested. The substantive revisions were to require unanimous consent of the jurisdictions to amend the term of the agreement, board composition and withdrawal. These changes have been 1 incorporated into the agreement, and •
highlighted in yellow. Since then, member agencies have taken this agreement to their respective legislative bodies for approval. To date, the County of Merced, the City of Merced, the City of Dos Palos and the City of Atwater have approved the restated agreement.
FISCAL IMPACT
There is no fiscal impact as a result of this item.
RECOMMENDATION
It is recommended that City Council adopt a resolution approving a Restated Joint Powers Agreement of the Merced County Association of Governments and authorizing the City Manager to execute the same.
EXHIBITS
A) Restated Agreement
B) Resolution 2023-XXXX
APPROVED BY:
Anna Nicholas, City Manager
RESTATED JOINT POWERS AGREEMENT OF THE
MERCED COUNTY ASSOCIATION OF GOVERNMENTS [MCAG]
Effective Date July 19, 2023
This Restated Joint Powers Agreement is entered into by and among those undersigned of the Cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos, and Merced, all municipal corporations and the County of Merced, a political subdivision of the State of California.
RECITALS
1. Common Power. Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the California Government Code authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to jointly exercise any power common to them.
Common Authority. The City of Merced, by virtue of its charter, and the Cities of Los Banos, Atwater, Livingston, Dos Palos and Gustine, and the County of Merced, by virtue of California Government Code Section 6500 - 6539.9, inclusive, possess in common the authority:
a) To study, discuss, and develop solutions to area-wide problems of direct concern to the performance of their constitutional and statutory functions and to establish an area planning organization and expend public funds for these purposes; and b) To do all acts necessary to participate in federal programs and receive federal funds for transportation, housing, and other community improvement activities, including contracting and cooperating with other agencies.
3. Orderly Development. The people residing within the incorporated and unincorporated areas of Merced County have an interest in the orderly development of their communities.
4. Independent Agency. The continued growth and extensive development within the incorporated and unincorporated areas of Merced County have evidenced the 1 need to create a wholly independent regional agency capable of dealing with area-wide issues and problems.
5. Merced County Association of Governments. On November 28, 1967, the foregoing needs led to the creation and establishment of Merced County Association of Governments, (hereinafter referred to as "MCAG").
Transportation Authority. MCAG was designated by the County of Merced as the Local Transportation Authority for Merced County in 1990 and has operated as such from that date to the present.
Effects. The establishment of MCAG has:
a) Provided a forum to study and develop solutions to area-wide problems of mutual concern to the Agencies.
b) Provided efficiency and economy in governmental operations through the cooperation of the Agencies and the pooling of common resources.
C) Provided for the establishment of a Joint Powers Authority responsible for identifying, planning, and developing solutions to regional problems requiring multi- jurisdictional cooperation.
d) Provided for the establishment of a Joint Powers Authority capable of developing regional plans and policies and performing area-wide planning duties. e) Facilitated cooperation among and agreement between the Agencies for specific purposes, interrelated developmental actions, and for the adoption of common policies with respect to issues and problems which are common to the Agencies.
Allowed for imposition of a Regional Transportation Impact Fee with the Authority as the planning, administrative and implementation entity.
8. Amendment. The undersigned Agencies and Members desire to amend and restate the "Cooperative Agreement"/Joint Powers Agreement dated November 28, 1967, as amended (the "Original Agreement"), in order to establish the duties and powers of the MERCED COUNTY ASSOCIATION OF GOVERNMENTS. This Restated Joint Powers 2 Agreement and the terms and conditions set forth herein supersede all prior amendments and restatements of the Original Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
ARTICLE 1. DEFINITIONS
Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified in Exhibit A, which is attached and incorporated by this reference.
ARTICLE 2. PURPOSE
2.1 This Agreement is made pursuant to the Act to provide for the joint exercise of certain powers common to the Members and the additional powers granted under the Act. To the extent currently applicable, those powers and/or functions are set forth in Article 6 below.
ARTICLE 3. CONTINUATION OF AUTHORITY
3.1 Continuation. Upon the effective date of this Agreement, the Parties hereto hereby continue the MERCED COUNTY ASSOCIATION OF GOVERNMENTS, as a public entity separate and distinct from its member entities, as the agent to exercise the common powers provided for in this Agreement and to administer or otherwise execute the terms of this Agreement.
Assets, Rights and Liabilities. The assets, rights, debts, liabilities, and obligations of MCAG shall be those of MCAG and shall not constitute assets, rights, debts, liabilities, or obligations of any of the Members. However, nothing in this Agreement shall prevent any Member from separately contracting for, or assuming responsibility for, specific debts, liabilities, or obligations of MCAG, provided that both the Board and that Member approve such contract or assumption. The provisions of Government Code 3 section 6504, specifically including the right of Members to advance funds and make loans, are made a part of this Agreement.
ARTICLE 4. TERM
4.1 Effective Date. This Agreement shall become effective on July 19, 2023.
4.2 Term. This Agreement shall continue for a period of thirty years from the effective date unless terminated in accordance with Article 10 of this Agreement. The term may only be modified by the unanimous consent of all Members.
ARTICLE 5. BOUNDARIES
5.1 Boundary. MCAG's jurisdictional boundary shall not exceed the jurisdictional boundary of the County of Merced, as the County boundary may be expanded or changed during the Term of this Agreement. This provision shall not prevent MAG from acquiring services or property outside of its boundaries for the benefit of MCAG Agencies.
ARTICLE 6. FUNCTIONS/POWERS
6.1 Authority Functions. MCAG will function or continue to function as:
a. The Local Transportation Authority as designated by the County of Merced in 1990.
b. The Metropolitan Planning Organization as designated by the United States Department of Transportation pursuant to Title 23 of United States Code Section 134 and Title 49 of the United States Code §5303(b)(2).
C. The Regional Transportation Planning Agency as designated by the Secretary of Business and Transportation of the State of California pursuant to California Government Code Sections 65080, et seq.
d. The regional transportation planning representative as designated by the parties hereto for the purpose of acting upon any appropriate proposals which may be presented to the Board for consideration or which the Board may elect to take up and for transmission of proposed recommendations to federal, state and local agencies, including, but not limited to, the member entities of MCAG.
4 The designated E.O. 12372 Intergovernmental Review of Federal Programs Clearing House and as such review all applications for federal funds by any participating entity wherein such review is a requirement of the particular federal aid program involved.
The State Census Affiliate Data Center for Merced County.
9. The Service Authority for Freeway Emergencies (SAFE) as created by the Members in 1996.
The agency to administer, coordinate, plan and implement/effectuate a Regional Transportation Impact Fee Program if adopted by the Agencies. i. MCAG shall perform any functions directed by the Board in furtherance of the foregoing or other programs as determined by the Board.
6.2 Powers. MCAG is authorized, but is in no way required, to act in its own name on any or all of the following matters, as each Member could act separately, and as it deems in the best interest of its Members, to the extent permitted by any and all applicable laws, codes, ordinances, resolutions and regulations, subject only to such restrictions upon the manner and exercise of such power as are imposed upon the County of Merced in the exercise of similar powers:
a. Make and enter into contracts.
b. Acquire, improve, hold, lease, and dispose of real and personal property of all types.
C. Accept gifts, donations, advances and contributions and act as regional lead jurisdiction/applicant and grant administrator for grants in the name of Members/regional participants.
d. Hire agents and employees
e. Sue and be sued in its own name.
f. Incur and discharge debts, liabilities and obligations.
Issue bonds or notes and incur other forms of indebtedness, and make associated covenants, for designated purposes, subject to the provisions and limitations of the California Constitution and the Government Code.
Adopt, as authorized by California law, ordinances and resolutions necessary to carry out the purposes of this Agreement.
i. Any additional power granted to Joint Powers Authorities under the Act.
All powers necessary to the exercise of the enumerated powers.
ARTICLE 7. ORGANIZATION
7.1 Governing Board.
MCAG shall be governed by a Governing Board (hereinafter "Board"), which shall exercise or oversee the exercise of all powers and authority on its behalf. The Board shall meet in accordance with the MCAG bylaws. Under this Agreement, the Board is expressly charged with carrying out the foregoing provisions through its actions, through contracts, or through staff hired by MCAG.
7.2 Directors.
(a) The Board shall consist of each of the five Merced County Supervisors and one elected legislative official from each of the other Members. No Person shall be eligible for appointment to the Board unless he or she is serving in an elective position.
Each of the city Members may appoint one elective Person as an alternate to serve in the absence of an appointed director. Directors and alternate directors who have been duly appointed and are serving at the time of the adoption of this Agreement may continue to serve in that capacity without any further action of the Member. (b) Each Director, so long as a public official, shall hold office from the first meeting of the Board after appointment by the Member until his or her successor is selected by such Member.
(c) This Section 7.2 may only be modified by the unanimous consent of the Members.
6 7.3 Principal Place of Business. The principal place of business of MCAG shall be located within the Boundary of MCAG.
7.4 Officers.
(a) The Board shall select a Chair and a Vice Chair from among the Directors who shall hold office for a period of one year commencing July 1st. The Chair and Vice Chair shall alternate between a Member of the Merced County Board of Supervisors and a city Member representative. The positions shall rotate and there shall be no consecutive terms. These specifications are met with the adherence to the Chair Rotation Schedule adopted by the MCAG Board of Directors on June 15, 2017. The Rotation Schedule may be amended at the discretion of the Board from time to time but shall generally not result in consecutive terms or break the alternation between the County Board of Supervisors Members and the city Member.
(b) Executive Director. The Board shall utilize an Executive Director who shall be the chief executive officer of MCAG.
(c) Deputy Executive Director. The Executive Director may appoint a Deputy Executive Director who shall be a full-time employee of MCAG and who shall serve as Executive Director in the absence of the Executive Director. (d) Finance Director. The Executive Director shall appoint a Finance Director who shall be a full-time employee of MCAG and who shall function under the guidance of the Executive Director.
(e) Secretary. The Board shall utilize the services of a Secretary who shall be an employee of MCAG.
General Counsel. MCAG shall contract with an attorney licensed to practice in the State of California who shall serve as General Counsel to MCAG.
7.5 Designation of Law. As required by section 6509 of the Act, and in the absence of conflicting procedural rules, ordinances and resolutions adopted by the Board, 7 the procedural rules, ordinances and resolutions of the County of Merced are the governing law for MCAG.
ARTICLE 8. FINANCIAL MATTERS
8.1 Financial Matters.
(a) Budget. MCAG shall prepare and submit to the Board a budget and work plan for adoption prior to July 1 of each year for the ensuing Fiscal Year. (b) Treasurer. The Finance Director of MCAG shall be the Treasurer pursuant to Government Code section 6505.6.
(c) Auditor. The Finance Director of MCAG shall be the Auditor pursuant to Government Code section 6505.6.
(d) Duties of Treasurer and Auditor. The Treasurer and/or Auditor, as appropriate, shall do all of the following:
Receive and receipt for all money of MCAG and place it in the treasury of the Treasurer so designated to the credit of MCAG. (2) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all MCAG money so held by him or her. (3) Pay, when due, all sums payable with respect to outstanding indebtedness of MCAG.
(4) Pay any other sums due from MCAG only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement.
(5) Make or contract to make an annual audit of the accounts and records of MCAG. The minimum standards of the audit shall be those prescribed for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing practices. A report of the audit shall be filed as public record with each of the Agencies within 12 months of the end of the Fiscal Year under examination. Any costs in making an audit in accordance with this Agreement shall be 8 borne by MCAG and shall be a charge against any unencumbered funds of MCAG available for the purpose.
(6) Draw warrants to pay demands against MCAG when the
demands have been approved by any Person authorized to so approve in this Agreement. (7) File an official bond or proof of insurance in an agreed amount pursuant to section 6505.1 of the Act.
(8) Perform any and all other functions necessary to effectuate this Agreement.
(e) Investment Policy. The investment policy of MCAG shall be the investment policy adopted by the Board.
(f) Revenue Bonds. MAG may issue revenue bonds, but the revenue bonds shall not constitute a debt, liability, or obligation of an individual Member. (g) Insurance/Indemnification.
MCAG shall maintain general liability insurance relating to its enumerated functions and shall indemnify, protect, defend and hold harmless all of the Members and their elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the MAG's acts and/or omissions arising from and/or relating to this Agreement or any act and/or omission performed by a Member on behalf of MCAG or at the request of MCAG. This indemnity shall include Environmental Laws as herein defined.
ARTICLE 9. WITHDRAWAL FROM MCAG
9.1 Withdrawal Conditions. A Member may not withdraw from MCAG unless and until that Member:
(a) Liquidates in full its proportion of any and all existing debts, obligations and liabilities incurred, earned, or expected to be earned by the date of withdrawal, 9 including, but not limited to, certificates of participation, notes, revenue bonds and other indebtedness, if any, as determined by the Board. The liabilities of a withdrawing Member shall specifically include those resulting from acts or omissions when the withdrawing Member was a participating Member of MCAG.
(b) Has provided written notice of intent to withdraw, via a resolution of the governing body of the Member, at least one (1) year prior to the end of the Fiscal Year in which it intends to withdraw. Withdrawal shall be effective at the end of the fiscal year.
This Section 9.1 may only be modified by the unanimous consent of the Members.
9.2 Costs of Withdrawal. A withdrawing Member shall be responsible for all costs associated with its withdrawal from MCAG. Such costs may include, but may not be limited to, MCAG staff time associated with ensuring the proper and complete withdrawal of the Member and costs of continuing contracts attributable to that Member. In determining the costs associated with the withdrawal of a Member, the withdrawing Member shall have the option of allowing MCAG to determine such costs or of hiring, at its own cost, an independent auditor approved by the Board to determine the costs associated with its withdrawal.
ARTICLE 10. TERMINATION
10.1 Termination Requirements. This Agreement may only be terminated by consent of all Members, and upon full and complete liquidation of all liabilities, including, but not limited to, certificates of participation, notes, revenue bonds and other indebtedness, if any, and the winding up of all MCAG business. Upon the date of termination ("Termination Date"), payment of any and all obligations and division of any and all assets of MCAG shall be conducted subject to the then applicable requirements of the law (currently Section 6511, et seq., of the Act) as follows:
(a) In the event of termination of MCAG where there is a successor public entity that will conduct all of the activities and assume all of its obligations, any and all MCAG assets and liabilities remaining upon termination shall be transferred to the 10 successor public agency.
(b) If there is no successor public agency that would conduct MAG's activities, all assets and liabilities, including surplus money, shall be apportioned to each Member in proportion to population.
(C) If there is a successor public agency that would conduct some of MCAG's activities, then the Board shall allocate MCAG assets and liabilities, including surplus money, between the successor public agency and the Members. In such case the Member's portion of the allocation shall be based on subparagraph (b) above. (d) By unanimous agreement of the Members, assets and liabilities may be disposed of, divided or distributed on a basis different from that established in this Article 10.
ARTICLE 11. BYLAWS
11.1 Bylaws. Bylaws may be adopted by the Board pursuant to which meetings of the Board shall be called. The Bylaws shall contain appropriate provisions for the transaction of business and describe the duties and powers of the Chair and Vice Chair and such other officers as may be appointed. To the extent the Bylaws conflict with this Agreement, the terms of this Agreement shall control. The Bylaws may be amended from time to time by majority vote of the Board after notice in accordance with the Bylaws.
ARTICLE 12. AMENDMENTS
12.1 With the exception of Article 10, Article 9, Section 7.2 and Section 4.2, this Agreement may be amended at any time by agreement of five Members, one of which must be the County of Merced. The County of Merced's agreement shall be evidenced by a resolution of the County Board of Supervisors. Agreement of a city Member shall be evidenced by a resolution of their respective City Council. However, no amendment may reduce the representation rights of a Member, or add to the duties or obligations of a Member without the agreement of such Member.
ARTICLE 13. MISCELLANEOUS
13.1 Filing with the Secretary of State. All notices required by Government Code 11 Sections 6503.5 and 53051 shall be filed by MAG with the California Secretary of State.
13.2 Immunity. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which would apply to the activity of officers, agents, or employees of any such Member, when performing their respective functions within the territorial limits of the respective Members, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties under this agreement outside the territorial limits of their Agencies.
13.2 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of each Member. Notwithstanding the foregoing, no Member may assign any right or obligation hereunder without the written consent of all other Members.
13.3 Severability. If any provision of this Agreement or its application to any Person or circumstances is held invalid or illegal by a final judgment of a court of law in the State of California, the remainder of this Agreement and the application of the provision to other Persons or circumstances shall not be affected.
13.4 Headings. All section headings contained in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any provision of this Agreement.
13.5 Conflict of Interest Code. MCAG has adopted a conflict of interest code.
13.6 Disputes. Prior to filing a lawsuit, the parties shall attempt to resolve, in good faith, any and all disputes, claims or controversies arising out of or relating to this Agreement, including decisions and official actions of the Board, by participating in mediation, conducted by a mediator selected by the parties to the dispute. This provision may be invoked by any Member with written notice ("Notice of Mediation") to MCAG, or to the other Agency to the dispute, accompanied by a resolution of the invoking Agency's council or board invoking this provision. MCAG may also invoke this provision through a majority vote of the MCAG Board.
12 Once Mediation Notice is received by an Agency, the parties to the dispute, or their respective representative, shall select a mediator with appropriate expertise and experience with dispute resolution. If the parties are not able to stipulate to a mediator, then, within 10 business days of receiving the Mediation Notice, the parties shall simultaneously exchange a list of three mediators. Each party shall propose their list of mediators independently and without sharing their list with any other party. Within five business days of the exchange, the parties shall, independently and without comparing, rank all of the mediators exchanged in numerical order and exchange such rankings. The highest-ranking person shall be designated as the mediator. In the event of a tie, the earliest available person shall be designated as the mediator. If such mediator is not available to serve, or is otherwise conflicted, the parties shall proceed to contact the mediator who was next highest in ranking until they are able to select a mediator. The parties shall have 30 days from receipt of the Notice of Mediation to select a mediator.
The selected mediator, in consultation with the parties, shall establish the time and place of mediation, rules regarding the prompt exchange of information, and the exchange and preparation of written summaries (if necessary). The parties shall attempt in good faith to complete mediation of the dispute within 120 days of selection. The parties may, by unanimous agreement, establish a different timeframe for mediation. Such alternative timeframe must be in writing and agreed to within 90 days from receipt of the Mediation Notice. Such agreement may be executed by the parties' representatives. The parties agree to attend a minimum of two full-day mediation sessions if the matter cannot be resolved sooner. During the course of the mediation, no party can assert the failure to fully comply with the timelines established herein as a reason not to proceed or to delay the mediation.
The service of the Notice of Mediation shall stay the running of any applicable statute of limitations regarding the dispute until 15 days after conclusion of mediation.
Conclusion of the mediation shall occur at the earliest of 1) execution of a settlement 13 agreement by all parties to the mediation, 2) declaration of the mediator that mediation is terminated, or 3) at the expiration of 120 days from the selection of the mediator (or alternative agreed upon timeframe for mediation) and the parties have attended two full- day mediation sessions. Each side shall bear an equal share of the mediation costs unless the parties agree otherwise.
The mediation process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
13.7 Execution in Counterparts. This Agreement may be executed on behalf of the respective Members in one or more counterparts, all of which shall collectively constitute one agreement.
13.8 Authority to Bind. Each person signing below represents and warrants that he or she is authorized, by resolution or similar action, of their respective city council or board of supervisors to bind the Agency on whose behalf he or she executes this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates shown in the respective signature blocks.
MERCED COUNTY BOARD OF SUPERVISORS
By: Dated:
Chairman
ATTEST:
By:
Clerk of County Board of Supervisors
Approved as to Legal Form:
By:_
County Counsel
14 CITY OF ATWATER
By:_ Dated:_
Mayor
ATTEST:
By:
City Clerk
Approved as to Legal Form:
By:_
City Attorney
CITY OF DOS PALOS
By: Dated:
Mayor
ATTEST:
By-
City Clerk
Approved as to Legal Form:
By:_
City Attorney
15 CITY OF GUSTINE
By:- Dated:
Mayor
ATTEST:
By:-
City Clerk
Approved as to Legal Form:
By:_
City Attorney
CITY OF LIVINGSTON
By: Dated:_
Mayor
ATTEST:
By:_
City Clerk
Approved as to Legal Form:
By:_
City Attorney
16 CITY OF LOS BANOS
By:_ Dated:
Mayor
ATTEST:
By:_
City Clerk
Approved as to Legal Form:
By:_
City Attorney
CITY OF MERCED
By: Dated:
Mayor
ATTEST:
By:
City Clerk
Approved as to Legal Form:
By:_
City Attorney
17 EXHIBIT A
DEFINITIONS
Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified below.
Act
"Act" means the California Joint Exercise of Powers Law (California Government Code Section 6500 et seq.)
Agency/Agencies
"Agency/Agencies" means the County of Merced, City of Atwater, City of Dos Palos, City of Gustine, City of Livingston, City of Los Banos, and City of Merced.
Agreement
"Agreement" means this Restated Joint Exercise of Powers Agreement, as it may be amended from time to time.
Auditor
"Auditor" means the Finance Director of MCAG.
Board
"Board" means the governing Board of Directors of MCAG, consisting of representatives from each of the Members as more fully described in Article 7 of this Agreement.
Chair
"Chair" means the Chair of the MCAG Board, as described in Article 7 of this Agreement and the Bylaws.
Director
"Director" means the Member representatives appointed to serve on the governing Board of Directors.
Environmental Laws
"Environmental Laws" means all federal and state statutes and all county, local, and Agency ordinances concerning public health, safety, and the environment including, by way of example and not limitations, the Comprehensive Environmental 18 Response, Compensation, and Liability Act of 1980, 42 USC §9601, et seq.; the Resource Conservation and Recovery Act, 42 USC §6902, et seq.; the Federal Clean Water Act, 33 USC §1251, et seq.; the Toxic Substances Control Act, 15 USC §1601, et seq.; the Occupational Safety and Health Act, 29 USC §651, et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §25100, et seq.; the California Toxic Substances Control Act, California Health and Safety Code §25300, et seq.; the Porter-Cologne Water Quality Control Act, California Water Code §13000, et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5, et seq.; the California Integrated Waste Management Act, California Public Resources Code §40000, et seq., as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder.
Fiscal Year
"Fiscal Year" means the period commencing on each July 1 and ending on the following June 30.
Legislation
"Legislation" means any code, ordinance, resolution, or any other forms or enactment of the Agencies or any Member which now exists or which may hereafter be adopted which constitutes law or regulation.
MCAG
"MCAG" means Merced County Association of Governments or "Authority".
Member
"Member" means any Agency (as defined above) which signs onto this Agreement.
Person
"Person" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, special purpose district, town, city, county, state, or the United States.
Term
"Term" means the period of time specified in Article 4 of this Agreement.
Treasurer
"Treasurer" means the Finance Director of MCAG.
19 RESOLUTION 2023-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE APPROVING THE RESTATED
JOINT POWERS AGREEMENT OF THE MERCED COUNTY ASSOCIATION OF GOVERNMENTS
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, Government Code section 6500 et seq. authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to jointly exercise any power common to them; and
WHEREAS, the Cities of Gustine, Merced, Los Banos, Atwater, Dos Palos, Livingston, and the County of Merced possess in common the authority to study, discuss, and develop solutions to area-wide problems of direct concern to the performance of their constitutional and statutory functions; to do all acts necessary to participate in federal programs and receive federal funds for transportation, housing, and other community improvement activities, including contracting and cooperating with other agencies; and to establish an area planning organization and expend public funds for these purposes; and
WHEREAS, the City of Gustine City Council and the residents of the City of Gustine have an interest in the orderly development of the Gustine community, as well as surrounding communities; and
WHEREAS, the continued growth and extensive development within the incorporated and unincorporated areas of Merced County have evidenced the need to create a wholly independent regional agency capable of dealing with area-wide concerns; and
WHEREAS, on November 28, 1967, the foregoing needs led to the creation and establishment of Merced County Association of Governments ("MCAG"), of which the City of Gustine is a member, pursuant to the Cooperative Agreement/Joint Powers Agreement (the "JPA Agreement"); and
WHEREAS, MCAG was designated by the County of Merced as the Local Transportation Authority for Merced County in 1990 and has operated as such from that date to the present; and
WHEREAS, the establishment of MCAG has, among other things, provided a forum to study and develop solutions to area-wide concerns, provided efficiency and economy in governmental operations through the cooperation of MAG's member agencies and the pooling of common resources, facilitated cooperation among and agreement between MCAG's member agencies for specific purposes, interrelated development actions, and for the adoption of common policies with respect to concerns which are common amongst the member agencies, and allowed for the imposition of a Regional Transportation Impact Fee with MCAG acting as the planning, administrative, and implementation entity; and
WHEREAS, the JPA Agreement is set to expire, by its own terms, on July 18, 2023; and
WHEREAS, the MCAG member agencies, by and through their designated attorneys and representatives, have negotiated the terms of a Restated Joint Powers Agreement, to be effective on July 19, 2023, for a term of thirty (30) years.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine:
Section 1. The above recitals are true and correct and are incorporated herein by reference.
Section 2. The City Council approves the Restated Joint Powers Agreement of the Merced County Association of Governments.
Section 3. The City Manager, or her designee, is authorized and directed to execute the Restated Joint Powers Agreement of the Merced County Association of Governments.
THE FOREGOING RESOLUTION of the City Council for the City of Gustine was passed by the City Council at a regular meeting held on the 16th day of May, 2023, 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
CITY
ITEM NO. 9
COUNCIL AGENDA ITEM
9L62
MAY 16, 2023
PREPARED BY: Jami Westervelt, Economic and Community Development Director SUBJECT: Solid Waste Update: Reporting and 1383 activities
BACKGROUND/DISCUSSION
The City of Gustine received a low-population, five-year waiver from CalRecycle for certain portions of SB 1383 in the fall of 2022. A Council meeting took place following the issuance of the waiver at which the Council obtained information on the waiver and considered options for service under it.
Items discussed related to the waiver included elements of revisions to the City's Solid Waste Ordinance, as well as reporting related to Gustine Unified School District (GUSD) and other provisions of 1383 that apply to the City and are not covered by the waiver.
The Council will consider modifications to its Solid Waste Ordinance in another item on the agenda for this meeting.
In relationship to reporting related to GUSD, staff has followed up on questions raised regarding the City's responsibility for compliance and reporting by GUSD. The CalRecyle website FAQ confirms that school districts are outside the authority of local jurisdictions. In 2024, the City will need to inspect the school facilities but will have no requirement to enforce-the City would report any non-compliance to CalRecycle and that agency has responsibility to enforce. The City plans to use existing grant funding to have its solid waste consultant conduct those inspections.
Under the waiver, three major responsibilities related to SB 1383 remain in effect requiring City implementation: Recovered Organic Waste Products, Procurement of Paper Products and Education and Outreach.
Prior to the waiver, the City applied for and received a $20,000 grant for implementing SB 1383. The limited waiver from CalRecycle did not nullify that grant. Staff intends to use that grant toward the remaining responsibilities listed above. Specifically, organic waste and education and outreach. Procurement of paper products requires changes to purchasing and record keeping for the City, rather than grant-funded type activities.
Recovered Organic Waste Products
The City is required to procure recovered organic waste products to meet annual targets. Materials may include products such as compost and mulch for City use. The City is also looking into wood fiber for its playgrounds in order to determine if it might be feasible to purchase specific wood material for those spaces that might also meet this requirement.
CalRecycle set five-year annual targets for jurisdictions for these materials and set Gustine's target at 468 tons per year. The City will need to hit 30% of that target (140.4 tons) in 2023, 65% of the target (304.2 tons) in 2024, and the full target starting 2025.
CalRecycle will set a new target after the initial five years.
Staff is looking at using SB 1383 grant funds for expenses related to this requirement as first priority. There are outstanding questions related to providing materials to the public that the City is working with CalRecycle to get comments on and that will drive the discussion of how the City will utilize this grant, as well as meet its thresholds.
Education and Outreach
The City is working toward increasing outreach and education regarding solid waste and recycling. Through its hauler, Mid Valley Disposal, the City has its own page containing information on service schedule, carts and other information:
https://www.midvalleydisposal.com/locations/gustine/
Additional funding for outreach could come from the current SB 1383 grant. The initial grant budget did not include any dollars for education but the City can make changes to the budget with approval by the funder and Education and Outreach is a category of expenditure within the grant. Once costs related to the Recovered Organic Waste Products are confirmed in this grant, staff will have a better idea if there are grant funds left to fund additional education and outreach.
Regardless of the grant funds, the City will continue to work with both its hauler and the Merced County solid waste Regional Waste Authority to try and partner wherever possible to get additional information and education out to the community.
FISCAL IMPACT
None at this time.
RECOMMENDATION
For information only.
EXHIBIT(S)
A) Cal Recycle Schools and Local Education Q & A (Excerpts) APPROVED BY:
Anna Nicholas, City Manager
EXHIBIT A
CalRecycle
Schools and Local Education Agencies Questions and Answers Requirement Questions
Q: Will schools be informed about the regulations and provided with compliance resources? Yes. CalRecycle will be providing guidance and training to regulated entities including schools.
Q: Do public unified school districts report data to CalRecycle or the jurisdiction? If a local education agency is a commercial edible food generator, they are required to keep records (and make them available to CalRecycle upon request) but not report to CalRecycle. Local education agencies must keep records for five years if they self-haul organic material. They are not required to keep records or report on their organic waste collection program.
Q: What constitutes adequate space for organic waste collection containers for local education agencies? In other words, what space limitations qualify for a waiver? CalRecycle is developing guidelines for issuing waivers to local education agencies that do not have adequate space for collection containers. CalRecycle may conduct a site visit to better understand the space limitations and determine if a waiver is appropriate.
Q: Can a hauler or jurisdiction report on behalf of local education agencies? Local education agencies do not have specific organic waste reporting requirements under the regulations. A hauler or jurisdiction may conduct tasks on behalf of the local education agencies.
Q: Are local jurisdictions responsible for ensuring local education agencies comply with SB 1383 regulations?
The regulations clearly state that jurisdictions must enforce requirements on generators subject to their authority, and not those outside their authority like local education agencies.
Education and Outreach Questions
Q: Are jurisdictions responsible for the initial education and offer of services to schools? How does a jurisdiction determine if schools are under the jurisdiction's oversight or the state's? Jurisdictions are not required to provide collection services or enforce on local education agencies that are not subject to local control, but they must provide education and outreach to all organic waste generators.
HE GILL GALI
CUSTI ITEM NO. 10
COUNCIL AGENDA ITEM
Сатито о піло
MAY 16, 2023
PREPARED By: Jami Westervelt, Economic and Community Development Director Joshua Nelson, City Attorney
SUBJECT: Solid Waste Ordinance Revisions
BACKGROUND/DISCUSSION
In October 2022, the City Council met to discuss solid waste collection in response to a limited waiver to SB 1383 that the City had recently received from CalRecycle.
Earlier that year, the City had approved a change in its Solid Waste Ordinance and waste collection services based on SB 1383 requirements. Among other things, it requires municipalities to adhere to and enforce waste collection requirements or face substantial fines. Although CalRecycle had originally told the City it did not qualify for a waiver, the agency reversed that directive in the fall.
The low-population, five-year waiver applies only to mandates that are housed solely within SB 1383 and did not remove all solid waste requirements from either the City, its residents or its businesses. The passage of SB 1383 was, at its most basic, another attempt by the state to reduce levels of solid waste but it added mandates for the City (via its hauler) to monitor collection, fine generators for non-compliance and further increase reporting.
The waiver the City received is also not a complete waiver of 1383 and the City must still comply with, and follow through upon, mandates for recovered organic waste products, procurement of recycled-content paper products and education. These remain important but are not essential to the approval of a revised Ordinance. An information item elsewhere on this agenda provides more information on those.
While the SB 1383 waiver provides the City some flexibility and discretion, legislation prior still applies to and within the City. Notable for the business community and multi-family housing complexes are requirements related to recycling and organic waste services, including AB 341 (Mandatory Commercial Recycling) and AB 1826 (Mandatory Commercial Organics Recycling).
The Council workshop in late 2022 provided for a discussion of which elements of the Ordinance the Council desired to change or remove outside of 1383, while remaining in compliance with other still-applicable elements and laws.
Prominent in the Council discussion was the understanding that the waiver essentially is a delay in implementation and that the City will almost certainly be held to the tenets of SB 1383 after the waiver expires—or to even more-restrictive legislation that could come about within the five years of the waiver.
The Council directed staff to bring back an ordinance that retained the three-container system requirements for residential and commercial service. There was also an expressed desire, while the City still had the flexibility to do so inside the waiver, to acknowledge through the code the differences in waste stream by generator types.
The discussion specifically related to small businesses that, while commercial, do not fall under AB 341 or AB 1826. The draft Ordinance attached strives to ensure consistency throughout the community while providing alternatives to address the difference in waste streams for small business outside of AB 341 or AB 1826.
Removed from the Draft Ordinance
The following were removed entirely from the Ordinance:
• Cart descriptions required by SB 1383 (although those rolled out in 2022 comply). • Fines specifically prescribed in SB 1383 related to contamination of materials collected (which the Council could revise in the future if this becomes an issue) • Specific waiver processes prescribed in SB 1383 (allowing for City to institute its own procedures and processes for assessing waiver requests for recyclable and organic materials).
Residential Service
In the draft revisions, residential service continues to require the three carts rolled out in 2022. There are no changes for Section 11-3-10 Requirements for Single Family Generators in the draft.
While the existing Ordinance does not allow for self-hauling to replace the required service for Residential, staff felt clarifying language was needed to make the section on self-hauling more understandable in relationship to Residential Service.
Residential Self-Hauling was included in the original Ordinance to provide an allowance for residents who wanted to remove waste from their premises legally. The allowance was added to reinforce that residential customers have a right to remove and properly dispose of materials as an allowable choice on top of service, but not as an exception to the three-cart requirement. Examples of these type of activities include:
Residents taking recyclables to centers and collecting payment for the materials.
Residents delivering green-waste to an acceptable repository for such materials.
Residents hauling trash or other materials to an approved dump.
The additional language (Section 11-3-15 (b) 5) clarifies that while there is no penalty for residents to take these actions, doing so does not eliminate the requirement to have three-cart service.
The Ordinance also continues to allow residents to hire landscaping companies (Section 11-3-15 (b) 7 (i)) and construction companies (Section 11-3-15 (b) 7 (ii)) and have those companies haul away and dispose of waste resulting from those activities in a legal manner. Residents can pay external vendors for these services but they cannot forgo any of the three-cart services required in the Ordinance based on their payment to a vendor to complete removal.
The draft does include an option for the City to provide a residential waiver (Section 11- 3-12 (d)) where allowed by law for instances related to "the health and safety of the community." The language is meant to be limiting as the vast majority of homes will generate organic materials, (food waste or plant), recyclable materials (paper, cardboard or plastic) and trash. At the same time, if a residential address truly has an exception that would cause risk to health and safety, the City would have the ability to consider that under this ordinance-under its discretion.
Commercial Service and Multi-Family)
There is greater variance in the waste generated by different commercial businesses than in Single-Family Residential service. There are more often scenarios that would eliminate entirely any of the three waste streams than for residential and the volume varies more between business types and sizes than single-family homes. As mentioned previously, AB 341 and AB 1826 apply to commercial generators to varying degree. The draft Ordinance continues to reference these and other State laws related to commercial and multi-family customers as these are unaltered by the SB 1383 waiver.
Non-residential service continues to require three collection containers with exceptions similar to those allowable under 1383 but the draft Ordinance adds additional provisions relatable to small businesses, as discussed by Council at the workshop.
The following exceptions for organic or recyclable materials only are in the draft:
• De Minimus Waiver- Based upon not generating sufficient quantities (to be determined by the City and at the City's discretion).
Physical Space Waiver-Specific to locations without sufficient space for carts. • Self-Haul- Within the very specific requirements outlined in the original ordinance, and including requirements for state-mandated record-keeping.
The draft also includes a new potential exception for commercial businesses (Section 11-3-11 (1)) that receive prior written approval from the City to use joint or shared service to meet the required trash service. In practice, it would most often be granted where there are multiple businesses in the same building, for which there is minimal need for service by tenants. The City would need to receive written approval from the party responsible for paying for the service being shared, as well as acknowledgement that the account holder continues to assume responsibility for materials deposited both by themselves as well as the authorized joint users). The share agreement would remain between the account holder and the user-the City would not become involved in any discussions of payments or disputes. If the account holder requested at any time to remove a subordinate user, that user would be required to either start service immediately or obtain a share agreement from another commercial customer to share trash service.
As with residential service, the non-residential does not have a provision to provide for a waiver of trash service based upon a claim that the generator does not produce any trash or only has a minimum amount of trash. The ordinance draft calls for consistency in residential and commercial in that aspect, but it does add the above allowance for small Commercial to share trash service with extenuating circumstances and approval.
City Expenses and Contract Obligations
The City's rates, as determined through the 218 process, are based upon costs to supply the service-for both the City and Mid Valley Disposal. Revenue collected through bills not only pays Mid Valley but also provides the funding for the City's expenses related to solid waste including managing the hauler, residential billing and serving as the first line of service for residents. Reducing the number of customers, reduces the revenue to cover refuse fund expenses but does not in any meaningful way conversely reduce the City's expenses related to the activities listed above. There is an economy of scale at play in these activities. Mid Valley Disposal has related a similar economy of scale in regard to running its operations.
In drafting the Ordinance changes, staff consulted with Mid Valley. The City signed a contract with the company in 2022, before the waiver, which was based upon the requirements of SB 1383. The City's obligation to Mid Valley under that contract remains outside of and regardless of the waiver.
Substantial and further changes to service requirements, particularly additional waivers that reduce the numbers of paid services, impacts both Mid Valley and the City.
FISCAL IMPACT
Variances for services will reduce the franchise fees collected by the City to offset Solid Waste costs. Staff does not anticipate the proposed changes to the Ordinance would significantly hinder the recovery of those costs but further expansion of waivers of service has the potential to have such a result.
RECOMMENDATION
Staff recommends the City Council introduce and waive first reading of Ordinance amending Chapter 11-3 of the Gustine Municipal Code relating to Solid Waste.
EXHIBIT(S)
Proposed Ordinance Revision - Redline of version approved in 2022.
APPROVED BY:
Anna Nicholas, City Manager
EXHIBIT A
Chapter 3
SOLID WASTE
11-3-1 - Definitions.
11-3-2 - Authority of Council to Provide Regulations.
11-3-3 - Enforcement of Chapter Provisions; Right of Entry. 11-3-4 - Containers Generally.
11-3-5 - Tampering with Receptacles; Prohibition on Scavenging. 11-3-6 - Placing Dead Animals and Birds in Receptacles. 11-3-7 - Collection of Solid Waste by Unauthorized Persons. 11-3-8 - Burying and Burning Solid Waste.
11-3-9 - Charges.
11-3-10 - Requirements for Single-Family Generators.
11-3-11 - Requirements for Commercial Businesses.
11-3-12 - Waivers for Generators.
11-3-13 - Requirements for Commercial Edible Food Generators. 11-3-14 - Requirements for Food Recovery Organizations and Services. 11-3-15 - Provisions for Self-Haulers.
11-3-16 - Requirements for Haulers and Facility Operators. 11-3-17 - Inspections and InvestigationsDeleted.
11-3-18 - Violations.
11-3-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different AB 939 means the California Integrated Waste Management Act of 1989, codified in part in Public Resources Code Section 40000 et seq., as amended, and as implemented by the regulations of CalRecycle, or its successor.
Business means a Commercial entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or non-profit entity, or a Multi-Family Residential Dwelling.
C&D Debris or Construction and Demolition Debris shall have the same meaning as described in Section 8.68.020.
CalRecycle means the California Department of Resources Recycling and Recovery.
CCR means the California Code of Regulations.
City means the City of Gustine, California.
City Council means the City Council of Gustine, California. -1-
Collect or Collection means to take physical possession, transport, and remove Solid Waste, targeted Recyclable Materials, Organic Materials, or other materials within and from the City.
Combustible and semicombustible waste matter means papers, boxes, rags, clothing, old shoes, tree and shrub trimmings, dead flowers, lawn cuttings, feathers, and similar materials.
Commercial or Commercial Business means a business, industrial, or Commercial establishment, or construction site, and any Multi-Family Residential Dwelling with five (5) units.
Commercial Edible Food Generator includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74).
Commercial Premises means all Premises in the City, other than Residential Premises, where Solid Waste, including Recyclable Materials and Organic Waste, is generated or accumulated. The term "Commercial premises" includes, but is not limited to, stores; restaurants; rooming houses; hotels; motels; office buildings; department stores; manufacturing, processing, or assembling shops or plants; hospitals; clinics; and nursing homes.
Community Composting means any activity that composts Yard Waste, green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
Compliance Review means a review of records by the City to determine compliance with this chapter.
Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the Solid Waste stream, or which are separated at a centralized facility.
Container or Containers shall mean the containers, including bins, and carts, distributed by a Franchise Hauler for the collection of Solid Waste, including Recyclable Materials and Organic Waste.
Container Contamination or Contaminated Container means a Container that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
County means the County of Merced.
Customer shall mean any person or entity receiving Solid Waste Handling Services from a Solid Waste Enterprise, including Recyclable Material and Organic Waste Collection services and/or temporary Bin/roll-off services, within the City.
Designated Source Separated Organic Waste Facility, as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:
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1. The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream.
a. If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility.
2. The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that, pursuant to the reports submitted under 14 CCR Section 18815.7, demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.
a. If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3) for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility." For purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
Designee means an entity with which the City contracts or otherwise arranges to carry out any of the City's responsibilities under this chapter, as authorized in 14 CCR Section 18981.2, including but not limited to a government entity, a hauler, a private entity, or a combination thereof.
Dwelling means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except "dwelling" does not include hospitals, hotels, motels, nursing homes, or convalescent centers.
Edible Food means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). Edible Food is not Solid Waste if it is recovered and not discarded Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
Enforcement Action means an action of the City to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
Enforcement Officer means the City Manager, County administrative official, chief operating officer, executive director, public works director, or other executive in charge or their authorized designees who is/are partially or wholly responsible for enforcing this chapter.
Excluded Waste means hazardous substance, Hazardous Waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operators), which receive materials from the City and its Generators, reasonably believes) would, as a result of or upon acceptance, transfer, processing, -3-
or disposal, be a violation of local, State, or Federal law, regulation, or chapter, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in City's or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, Recycling, treatment and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
Food Distributor means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
Food Facility has the same meaning as in Section 113789 of the Health and Safety Code.
Food Recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
Food Recovery Organization means an entity that engages in the Collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery, either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code; A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
Food Recovery Service means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).
Food Scraps means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
Food Service Provider means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
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Food-Soiled Paper means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
Food Waste means Food Scraps separated from Solid Waste and offered for collection by a Franchise Hauler, that will decompose and/or putrefy including (i) all kitchen and table food waste, and animal and vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs; and (i) paper waste contaminated with food waste.
Franchise Hauler shall mean any Solid Waste Enterprise with which the City enters an exclusive or non-exclusive franchise agreement to provide Solid Waste Handling Services within the City.
Garbage means all animal and vegetable refuse from the kitchen. Household waste which shall have been prepared for or intended to be used as food or shall have resulted from the preparation of foodstuffs intended for human consumption shall be handled commercially.
Generator means any Person or other entity who is responsible for the initial creation of Solid Waste.
Grocery Store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
Hauler Route means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
Hazardous Waste means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means if such waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. It shall also include all wastes so defined by the California Health and Safety Code including "infectious waste." Inspection means a site visit where the City or its Designee reviews records, Containers, and an entity's collection, handling, Recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with the requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
Large Event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
Large Venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated -5-
stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter eszaye, emers nom is demention, the danton in 74 C Secion 18982(a)(39) shall apply to this chapter.
Local Education Agency means a school district, charter school, or county office of education that is not subject to the control of City regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
Multi-Family Dwelling or Multi-Family Residential Dwelling means a Residential structure with five (5) or more residences.
Noncombustible Waste Matter means bottles, cans, wire, broken glass, and similar materials.
Notice of Violation or NOV means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
Organic Materials, Organic Waste, or Organics means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, Yard Waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Organic Waste includes, but is not limited to, Food Scraps, Food-Soiled Paper, and Yard Waste.
Organic Waste Container has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Organic Waste.
Person means an individual, group of individuals, and/or any legal entity recognized by the laws of the State.
Premises means every dwelling house, dwelling unit, apartment house, or multiple- dwelling building, trailer, or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store; manufacturing, processing, or assembling shop or plant; warehouse; and every other property or building where any person resides or any business or activity is carried on or conducted within the City. "Recyclable Materials" shall mean all garbage, trash, refuse, Construction And Demolition Debris, and any other Solid Waste discarded within City limits, which is capable of being Recycled, whether generated from or at Residential or Commercial Premises, or otherwise.
Prohibited Container Contaminants means the following: (i) discarded materials placed in the Recyclable Materials Container that are not identified as acceptable Source Separated Recyclable Materials for the City's Recyclable Materials Container; (i) discarded materials placed in the Organic Waste Container that are not identified as acceptable Source Separated Organic Materials for the City's Organic Waste Container; (iii) discarded materials placed in the Refuse Container that are acceptable Source Separated Recyclable Materials and/or Source Separated -6-
Organic Materials to be placed in City's Organic Materials Container and/or Recyclable Materials Container; and (iv) Excluded Waste or Hazardous Waste placed in any Container.
Recyclable Materials or Recyclables means materials that can be Source Separated from Solid Waste and Organic Materials prior to collection for the purpose of returning these materials to the economic mainstream in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace. "Recyclable Materials" include any materials identified by the agency that can be feasibly collected and marketed for Recycling by the City's Franchise Hauler, including, but not limited to, paper and paper products, chipboard, cardboard, plastic food and beverage containers, glass jars and bottles, aluminum, tin, and bimetal cans.
Recyclable Materials Container has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials.
Recycle or Recycling means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise be disposed of, and then returning these materials to the economic mainstream in the form of raw materials for use or reuse as new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace as defined in Public Resources Code Section 40180. "Recycling" does not include burning, incinerating, or thermally destroying Solid Waste, as defined in Public Resources Code Section 40201. The City shall specify additional materials covered under this chapter at its discretion.
Refuse shall have the same meaning as "Solid Waste."
Refuse Container has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Refuse or Solid Waste.
Route Review means a visual Inspection of Containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(675).
SB 1383 means Senate Bill 1383 (Chapter 395, Statutes of 2016).
SB 1383 Regulations means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
Self-Hauler means a Person, who hauls Solid Waste, Recyclable Materials, or Organic Waste, that he or she has generated to an appropriate processing facility. Self-Hauler also includes a person who Back-Hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). "Back-Haul" means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
Solid Waste shall mean and include all discarded putrescible and nonputrescible Solid, semisolid, and liquid Wastes, including garbage, trash, Refuse, rubbish, construction waste, Yard Waste, demolition debris, industrial waste, Organic Waste, Bulky Items, and any other discarded Solid, semisolid, and liquid Waste permitted to be disposed of at a Class Ill landfill and which is -7-
included within the definition of "Nonhazardous Solid Waste" set forth in the California Code of Regulations, as amended.
Solid Waste Enterprise shall mean any individual, partnership, joint venture, unincorporated private organization, or private corporation, regularly engaged in the business of providing Solid Waste Handling Services.
Solid Waste Handling Services shall mean the collection, transportation, storage, transfer, disposal or processing of Solid Waste for compensation.
State means the State of California.
Temporary bin/roll-off service shall mean on-call Solid Waste Handling Services provided on an as-needed and temporary basis by use of temporarily-placed Bins, regardless of whether or not such Bins are actually placed upon any street or property within the City or left attached to the vehicle used to transport such Bins.
Tier One Commercial Edible Food Generator means a Commercial Edible Food Generator that is one or more of the following:
Supermarket.
Grocery Store with a total facility size equal to or greater than 10,000 square feet.
Food Service Provider.
4. Food Distributor.
5. Wholesale Food Vendor.
Tier Two Commercial Edible Food Generator means a Commercial Edible Food Generator that is one or more of the following:
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. Hotel with an on-site Food Facility and 200 or more rooms.
Health facility with an on-site Food Facility and 100 or more beds.
Large Venue.
Large Event.
size equal to or greater than 3, 0 squareteria with 250 or more seats or total cafeteria facity
7. A Local Education Agency facility with an on-site Food Facility.
Wholesale Food Vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, -8-
stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
Yard Waste means Organic Waste generated from the maintenance or alteration of landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds.
11-3-2. Authority of Council to Provide Regulations by Resolution.
The City Council, by resolution, may provide such additional rules and regulations as it may deem necessary or advisable to accomplish the intent and purpose of this chapter. 11-3-3. Enforcement of Chapter Provisions; Right of Entry.
All members of the police department and the health officer are hereby specifically required to enforce the provisions of this chapter and shall have the right to enter upon all Premises, except within private Dwellings, for the purpose of ascertaining the sanitary condition of such premises and whether the provisions of this chapter are being compiled with. 11-3-4. Container Generally.
(a) The City, through its Franchise Hauler, provides each Commercial Business with, at a minimum, three Containers, one for Organic Materials, one for Recyclable Materials, and one for Refuse. Pursuant to the terms of the City's franchise agreement with its Franchise Hauler, Commercial Businesses may request or order additional Containers and compactors.
(b) The City, through its Franchise Hauler, provides each Residential Customer with three Containers, one for Organic Materials, one for Recyclable Materials, and one for Refuse. They will be on wheels and easily maneuverable. The Containers remain the property of the City and will remain with the Premises should a Generator move. The Containers are registered to the property address via a serial number marked on the Container. The Organic Materials Container is for Organic Waste suitable for Composting, the Recyclable Materials Container is for Recyclable Materials suitable for Recycling, and the Refuse Container is for all other Solid Waste.
(c) It shall be unlawful for any Person to deposit, keep, or accumulate, or cause or permit to be deposited, kept or cause to be kept, or accumulated, any Solid Waste in or upon any lot or parcel of land or any public or private drive, alley, or street, or any house, store, restaurant, or other place in the city unless such Solid Waste shall be enclosed in a Container supplied by the City. (d) Each such Container shall be placed for collection in a convenient place easily accessible to the City's Franchise Haulers) and as otherwise specified by the 11-3-5. Tampering with Containers; Scavenging Prohibited.
It shall be unlawful for any Person other than (1) the Generator and/or owner of the Solid Waste in question, or (2) the City and its Designee to interfere in any manner with any Container -9-
used for the accumulation or handling of Solid Waste, or to remove any such Container from the location where it shall have been placed by the Generator, owner, or other Person lawfully in control thereof, or to remove the contents from any such Container. 11-3-6. Placing Dead Animals and Birds in Receptacles.
It shall be unlawful for any Person to place, or cause or permit to be placed, in any Container in which Solid Waste is placed for Collection, any dead animals or birds. 11-3-7. Collection of Solid Waste by Unauthorized Persons.
It shall be unlawful for any person to collect, remove, or convey, or cause or permit to be collected, removed, or conveyed, any Solid Waste upon or along any public street, alley, or other public place in the City; provided, however, that the provisions of this section shall not apply to any Person under contract with the City for the purpose of engaging in Solid Waste Handling Services.
11-3-8. Burying and Burning Solid Waste.
(a) Burying. It shall be unlawful for any Person to place or bury Solid Waste in any hole or excavation.
(b) Burning. It shall be unlawful for any Person to cause or permit to be burned any Solid Waste.
11-3-9. Charges.
(a) The City Council shall from time to time prescribe by resolution the rates to be charged for Solid Waste Handling Services. Such charges shall be fair and reasonable and shall be based on the quantity of Solid Waste required to be hauled from a particular Generator or class of Generators. (b) A charge shall be assessed against all occupied Premises within the City for the Collection, removal, and disposal of Solid Waste, including Noncombustible Waste Matter and for the Inspections of Premises by the City's health officer, with such charge fixed by resolution of the City Council. Such charges shall be for making sanitary Inspections of Premises and for the Collection and removal of Solid Waste, including Noncombustible Waste Matter, resulting from other than normal use of occupied Premises. This provision shall not be construed as preventing the City from imposing reasonable extra charges for such special Inspection work or for the removal of excessive amounts of Solid Waste, including Noncombustible Waste Matter. In the event of a dispute, the City Council shall determine and order the number of times Solid Waste and Noncombustible Waste Matter shall be removed from the occupied Premises. (c) Such charges shall be paid to the City, and all established rules and regulations for the assessment of water bills, shall apply in the assessment and collection of Solid Waste bills.
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11-3-10. Requirements for Single-Family Generators.
Single Family Organic Waste Generators shall comply with the following requirements:
(1) Subscribe to the City's three-Container Collection services. The City shall have the right to review the number and size of a Generator's Containers to evaluate adequacy of capacity provided for each type of Collection service for proper Source Separation and containment of materials; and Single-Family Generators shall adjust their service levels for their Collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste through backyard Residential Composting, and/or using a Community Composting site. (2) Participate in the City's three-Container Collection service(s) by placing Source Separated Organic Waste, including Food Waste, in the Organic Waste Container, all Recyclable Materials in the Recyclable Materials Container, and all Refuse in the Refuse Container. Generator shall not place materials designated for the Refuse Container into the Organic Waste Container or Recyclable Materials Container, nor materials designated for the Organic Waste Container or Recyclable Materials Container, respectively, into the Refuse Container. 11-3-11. Requirements for Commercial Businesses.
Commercial Businesses, including Multi-Family Residential Dwellings, shall comply with the following requirements:
(1) SubscribeUnless a waiver is granted as set forth in this Chapter, subscribe to the City's three-Container Collection services and comply with requirements of those services as described below in Section 11-3-11(2), except Commercial Businesses that meet the Self-Hauler requirements of this chapter. The City shall have the right to review the number and size of a Generator's Containers to evaluate adequacy of capacity provided for each type of Collection service for proper Source Separation and containment of materials; and Commercial Businesses shall adjust their service levels for their Collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste through backyard Residential Composting, and/or using a Community Composting site.
Commercial Businesses may meet the requirements of this subsection through joint or shared service provided to other Generators located on the same or adjacent property, with prior written approval of the City within its procedures for determining eligibility and approval.
(2) Except Commercial Businesses that meet the Self Hauler requirements of this chapterUnless a waiver is granted as set forth in this Chapter, participate in the City's three-Container Collection services by placing Source Separated Organic Waste, including Food Waste, in the Organic Waste Container; Source Separated Recyclable Materials in the Recyclable Materials Container; and Refuse in the Refuse Container. Generator shall not place materials designated for the Refuse Container into the Organic Waste Container or Recyclable Materials Container, nor materials designated for the Organic Waste Container or Recyclable Materials Container, respectively, into the Refuse Container.
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(3) Supply and allow access to adequate number, size, and location of Collection Containers with sufficient labels or colors (conforming with Sections
8.20.140(A)(4)(i) and 8.20.140(A)(4)(ii) below) for employees, contractors, tenants, and Customers, consistent with City's Recyclable Materials Container, Organic Waste Container, and Refuse Container Collection service or, if Self- Hauling, per the Commercial Businesses' instructions to suppert its compliance with its Self-Haul program, in accordance with this chapter.
Excluding Multi-Family Residential Dwellings, provide Containers for the collection of Source Separated Refuse, Source Separated Organic Waste, and Source Separated Recyclable Materials in all indeer and outdoor areas where disposal Containers are provided for Customers, for materials generated by that business. Such Containers de not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be cellected in one type of Container, then the business does not have to provide that particular Centainer in all areas where disposal Containers are provided for Customers. Pursuant to 14 CCR Section 18984.9(b), the Containers provided by the business shall have either:
A body or lid that conforms with the Container colors provided through the Collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the celer requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that de not comply with the requirements of this subsection prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first. (ії) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that Container, oF Containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the Container. Pursuant to 14 CCR Section 18984.8, the Container labeling requirements are required on new Containers commencing January 1, 2022.
Multi-Family Residential Dwellings are not required to comply with Container placement requirements or labeling requirements in Section 11-3-11(4), pursuant to 14 CCR Section 18984.9(b).
To the extent practical through education, training, Inspection, and/or other measures, excluding Multi Family Residential Dwellings, prohibit employees from placing materials in a Container not designated for those materials per the City's Recyclable Materials Container, Organic Waste Container, and Refuse Container Collection service or, if Self- Hauling, per the Commercial Business' instructions to suppert its compliance with its Self Haul program, in accordance with this chapter.
Excluding Multi-Family Residential Dwellings, periodically inspect Recyclable Materials Container, Organic Waste Container, and Refuse Gentainer for contamination and inform employees if Containers are contaminated and of the requirements to keep contaminants out of those Containers pursuant to 14 CCR Section 18984.9(b)(3). -12-
Annually provide information to employees, contractors, tenants, and Customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Organic Materials and Source Separated Recyclable Materials.
Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Organic Materials and Source Separated Recyclable Materials separate from Refuse (when applicable) and the location of Containers and the rules governing their use at each property.
Provide or arrange access for the City or its Designee to their properties during all Inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.
If a Commercial Business wants to Self-Haul, it must meet the Self-Hauler requirements in this chapter.
Nothing in this Section prohibits a Generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(4) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements pursuant to this chapter.
11-3-12. Waivers for Generators.
(a) De Minimis Waivers. The City may waive a Commercial Business' obligation (including that of a Multi-Family Residential Dwelling) to comply with some or all of the Organic Waste requirements of this chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 11-3-12(a)(2) below. Commercial Businesses requesting a de minimis waiver shall the requirements to receive three-Container Collection services in this Chapter as permitted by applicable law and where the City determines that the Generator does not generate sufficient quantities of a material type to justify service. Waivers may be granted for Organic Waste or Recyclable service but not for refuse. Waivers may only be granted to Commercial Businesses (including a Multi-Family Residential Dwelling). (b) Submit an application specifying the services from which they are requesting a waiver and provide documentation as noted in Section 11-3-12(a)(2) below. (c) (2) Provide documentation that either:
(d) (i) The Commercial Business' total Solid Waste collection service is two (2) cubic yards or more per week and Organic Waste subject to collection in an Organic Waste Container comprises less than twenty (20) gallons per week per applicable Container of the business' total waste; of
(e) (ii) The Commercial Business' total Solid Waste collection service is less than two (2) cubic yards per week and Organic Waste subject to collection in an Organic Waste Container comprises less than ten (10) gallons per week per applicable container of the business' total waste.
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(f) -Notify the City if circumstances change such that Commercial Business' Organic Waste exceeds the threshold required for waiver, in which case waiver will be rescinded.
(g) Provide written verification of eligibility for de minimis waiver every five (5) years, if the City has approved de minimis waiver.
(b) (h) Physical Space Waivers. The City may waive a Commercial Business' of property owner's obligations (including those of a Multi-Family Residential Dwelling) to comply with some or all of the Recyclable Materials and/er Organic Waste Collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the Collection Containers required for compliance with the Organic Waste collection requirements of Section 11-3-11 the requirements to receive three-Container Collection services in this Chapter as permitted by applicable law and where the City determines that the Generator does not have sufficient space for Collection Containers. Waivers may be granted for Organic Waste or Recyclable service. Waivers may only be granted to Commercial Businesses (including a Multi-Family Residential Dwelling). (c) Self-Hauler Waivers. The City may waive the requirements to receive three- Container Collection services in this Chapter for Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings). (d) Additional Waivers. The City may waive the requirements to receive three- Container Collection services in this Chapter as permitted by applicable law and where the City determines that doing so is in furtherance of the health and safety of the community.
(i)
(i) A Commercial Business or property owner may request a physical space waiver through the following process:
(k) Submit an application form specifying the type(s) of Collection services for which they are requesting a compliance waiver.
(1) Provide documentation that the premises lacks adequate space for Recyclable Materials Contains and/or Organic Waste Containers, including documentation from its hauler, licensed architect, or licensed engineer:
(m) Provide written verification to the City that it is still eligible for a physical space waiver every five (5) years, if City has approved application for a physical space waiver.
(n) Collection Frequency Waiver. The City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment, or industry that subscribes to the City's three- Container Collection service to arrange for the collection of their Recyclable Materials in a Recyclable Materials Container, Refuse in a Refuse Container, or both once every fourteen (14) days, rather than once per week. -14-
(e) (o) Review and Approval of Waivers by the City. The City Manager or designee, will be responsible for review and approval of waivers. Waivers may be for a set period of time and must be renewed upon expiration of the identified time period. 11-3-13. Requirements for Commercial Edible Food Generators. (a) Tier One Commercial Edible Food Generators must comply with the requirements of this section, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.
(b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Enter into a written agreement with Food Recovery Organizations or Food Recovery Services for:
(i) The collection of Edible Food for Edible Food Recovery from the Tier One or Tier Two Commercial Edible Food Generator's Premises; or,
(i) The acceptance of Edible Food that the Tier One or Tier Two Commercial Edible Food Generator Self-Hauls to the Food Recovery Organization.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow the City's designated Enforcement Officer or Designee to access the Premises and to review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(i) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR
Section 18991.3(b).
(ii) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(iii) • record of the following information for each of those Foo Recovery Services or Food Recovery Organizations
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(A) The name, address, and contact information of the Food Recovery Service or Food Recovery Organization.
(B) The types of Edible Food that will be collected by, or Self- Hauled to, the Food Recovery Service or Food Recovery
Organization.
(C) The established frequency that Edible Food will be collected or Self-Hauled.
(D) The quantity of Edible Food, measured in pounds recovered per month, collected or Self-Hauled to a Food Recovery
Service or Food Recovery Organization for purposes of
Food Recovery.
(iv) Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 (Chapter 285, Statutes of 2017).
11-3-14. Requirements for Food Recovery Organizations and Services. (a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreemen established under 14 CCR Section 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization for which the Food Recovery Service transports Edible Food for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreemen established under 14 CCR Section 18991.3(b) shall maintain the followin records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
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(3) The name, address, and contact information for each Food Recovery Service from which the organization receives Edible Food for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall, no later than March 1, July 1, and September 1 of each calendar year, report to the City in which they are located the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators with which they have established a contract or written agreement pursuant to 14 CCR Section 18991.3(b).
(d) In order to support Edible Food Recovery capacity planning assessments and other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall, upon request, provide information and consultation to the City regarding existing or proposed new or expanded Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the City. 11-3-15. Provisions for Self-Haulers.
(a) Nothing in this chapter shall preclude any Person, Solid Waste Customer, Commercial Generator, or Multi-Family Generator from Self-Hauling Recyclable Materials or Organic Materials generated by that entity to a Solid Waste facility suitable to receive the type(s) of waste hauled.
(b) Self-Haulers shall:
(1) Source Separate all Organic Materials generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a solid waste facility or a chipping/ grinding operation that processes or recovers source separated organic materials.
(2) Source Separate all Recyclable Materials generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Recyclable Materials to a Solid Waste facility that recovers those materials.
(3) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Materials delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:
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Delivery receipts and weight tickets from the entity accepting the waste.
(ii) The amount of material in cubic yards or tons transported by the Generator to each entity.
(iii) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Materials.
(4) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall provide information collected pursuant to this section to the City if requested.
(5) Residential Single-Family Generators are allowed to Self-Haul waste. recyclable materials or organic materials at any time but doing so does not exempt them at any time from any portion of Section 11-3-10, Requirements for Single-Family Generators. A Residential Organic Materials Single-Family Generator that also Self-Hauls Organic Materials materials is not required to record or report information as otherwise required by this Section.
(6) Notwithstanding the foregoing, Self-Haulers shall not dispose of any Solid Waste in any manner not permitted by this chapter. To do so is a violation of this chapter punishable as set out in Section 11-3-18. (7) Exemptions. The following activities and circumstances are permitted notwithstanding anything to the contrary in this Chapter and do not qualify as Self-Hauling under this chapter subject to the reporting and other obligations:
(i) Yard Waste removed from a Premise by a gardening,
landscaping, or tree-trimming contractor having a City business license and as an incidental part of a total service offered by that contractor other than as a disposal service, and tree trimmings, clippings, and all similar materials generated at parks and other publicly-maintained Premises;
(ii) Construction and Demolition Debris removed from a Premise by a licensed contractor as an incidental part of a total service offered by that contractor other than as a disposal service;
(iii) The collection of Hazardous Material or dangerous waste as part of a Hazardous Material collection activity authorized by the Merced County Environmental Health Division, including, without limitation, liquid and dry caustics, acids, bio-hazardous, flammable, or explosive materials, insecticides, and similar substances; and
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(iv) Recyclable Materials and Organic Materials generated at any Premises or place of business and which are transported personally by the owner or occupant of such Premises (or by his or her full-time employees) to a Solid Waste or Recycling facility in a manner consistent with this chapter and other applicable laws. 11-3-16. Requirements for Haulers.
(a) Requirements for Haulers.
(1) Haulers shall meet the following requirements and standards as a condition of approval of a permit or other authorization with the City to collect Organic Materials.
Through written notice to the City annually on or before July 1, identify the facilities to which they will transport Organic Materials, including facilities for Source Separated Recyclable Materials and Source Separated Organic Waste.
(ii) Transport Source Separated Recyclable Materials, Source Separated Organic Waste, and/or Source Separated Refuse to a Waste a drained antic Doperty 7, race anie 2.
(iii) Obtain approval from the City to haul Organic Materials, unless it is transporting Source Separated Organic Materials to a Community Composting site or lawfully transporting Construction and Demolition debris.
(2) Each Hauler authorized to collect Organic Materials shall comply with education, equipment, signage, Container-labeling, Container color, Container Contamination monitoring, reporting, and other requirements contained within its agreement entered into with the City. (i) Owners of facilities, operations, and activities that recover Organic Materials, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (60) days. (ii) Community Composting operators, upon the City's request, shall provide information to the City to support Organic Waste capacity respond within sixty (60) days.
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11-3-17. Inspections and InvestigationsDeleted.
(a) City Enforcement Officer and/or its Designee are authorized to conduct Inspections and investigations, at random or otherwise, to confirm compliance with and enforce the provisions of this chapter.
(b) City representatives and/or its designated entities, including Designees, are autherized to conduct Inspections and investigations, at random or otherwise, of any Collection Container, Collection vehicle loads, or transfer, processing, of disposal facilities for materials collected from Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, Self-Haulers, Haulers, Food Recovery Services, and Foed Recovery Organizations, subject to applicable laws. (c) The regulated entity shall provide or arrange for access during all Inspections and shall cooperate with the City Enforcement Officer or Designee during such Inspections and investigations. Such Inspections and investigations may include Edible Food Recevery activities, records, or any other requirement described herein. Failure to provide or arrange for: (1) access to an entity's Premises; or (2) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described in Section 11-3-18. Notwithstanding the foregoing, City Enforcement Officer and/or its Designee are not authorized te enter into the interior of any Residence in order to conduct Inspections and investigations under this chapter.
(d) Any records obtained by the City during its Inspections and other reviews shall be subject to the requirements and applicable disclesure exemptions of the Public Records Act as set forth in Government Code Section 6520 et seq. (e) City Enforcement Officer and/or its Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
() City shall receive written complaints from Persons regarding an entity that may be potentially non compliant with the SB 1383 Regulations, including through the receipt of anonymous complaints. Franchise Haulers shall relay to City in writing all written complaints they receive concerning acts or omissions of themselves of another entity that is potentially non-compliant with the SB 1383 Regulations; including anonymous complaints.
11-3-18. Violations.
Violation of any provision of this chapter shall be subject to any criminal and civil penalties provided by this code or applicable law.
(a) Violation of any provision of this chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by an Enforcement Officer.
Enforcement Actions under this chapter include issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are set forth in Chapter 7, Article 2, and shall govern the imposition, enforcement, collection, and review of administrative citations issued -20-
to enforce this chapter and any rule or regulation adopted pursuant hereto, except as otherwise indicated.
(b) The City may seek all other remedies allowed by law, including civil action of prosecution for an alleged misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.
(c) Penalty Amounts for Types of Violations.
(1) For a first violation, the amount of the penalty shall be $100 per violation. (2) For a second violation, the amount of the penalty shall be $200 per violation.
(3) For a third or subsequent violation, the amount of the penalty shall be $500 per violation.
(4) The penalties shall be consistent with Government Code section 36900. (d) The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(e) Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation under this chapter may request a hearing to appeal the citation pursuant to Chapter 7, Article 3, as it may be amended from time to time:
(f) Education Period for Non-Compliance. Through December 31, 2023, the City will conduct Inspections to determine compliance, and if the City determines that the Tier One Commercial Edible Food Generator, Food Recovery Service, Food Recovery Organization, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required, and that violations may be subject te administrative civil penalties starting on January 1, 2024. (g) Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that a Tier One Commercial Edible Food Generator, Tier Twe Commercial Edible Food Generator, Food Recovery Service, Food Recevery -21-
Organization, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this chapter.
(h) This chapter shall be interpreted to be consistent with the City's regulatory authority, and shall only apply to Local Education Agencies and other entities to the extent permitted by law, including the SB 1383 Regulations. -22-