Cities Index.
Agenda packet

Gustine City Council
July 16, 2024

Document
Agenda packet
Meeting
July 16, 2024
Body
Gustine City Council
Pages
107
Original file
8.8 MB
Text extracted from the city's file for reading and search. Open the original on www.cityofgustine.com. That file is the official record.

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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 on\ine 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 internetbased 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: Giles - Marsigli - Bonta -- Mayor Pro Tern 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.

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?

1. Minutes of the July 2, 2024 Regular Meeting
Recommendation: Review and approve
(continued}
AGENDA

CITY OF GUSTINE

CITY COUNCIL

COUNCIL CHAMBERS, CITY HALL
352 5 STREET GUSTINE, CALIFORNIA
JULY 16, 2024 - 6:30 P.M.

Page 1 of 107 ends

2. Minutes of the June 26, 2024 Special Meeting
Recommendation: Review and approve

3. Warrants
Recommendation: Review and ratify

4. Treasurer's Report- June 2024
Recommendation: Review and file

5. Approve Resolution Authorizing Local Agency Signatory Personnel for Local Agency Investment Fund (LAIF)
Recommendation: Review and approve resolution

6. Approve First Amendment to Employment Agreement for Chief of Police and Employment Contract for Public Works Supervisor and Authorize City Manager to Execute Documents
Recommendation: Review and approve first amendment, and employment contract and authorize City Manager to execute said documents

7. Approve Resolution Adopting Gustine Employee Salary Schedule Recommendation: Review and approve resolution

8. Approve Request for Summer Recess and Direct Staff to Cancel August 6, 2024 Regular City Council Meeting
Recommendation: Review and approve request

9. Direct Staff to Send Out Warrant Checks Prior to August 20, 2024 Regular Council Meeting
Recommendation: Review and approve

10. Approve Resolution Accepting Aquatics Center Resurfacing Project as Complete, Directing City Clerk to file a Notice of Completion, and Authorizing City Manager to Make Final Payment
Recommendation: Review and approve resolution

ADMINISTRATIVE AGENDA

11. Consider Request from Gustine Historical Society for Mural Installation on the Goman Center and Authorize City Manager to Issue Encroachment Permit with Fees Waived
I. Receive Staff Report

2. Receive Public Comment

3. Consider a motion to approve proposed artwork, authorize City Manager to issue Encroachment Permit with associated Conditions of Approval, and approve request to waive encroachment permit fees

12. DISCUSSION AND DIRECTION: Potential Dispositions of City Real Property

1. Receive Staff Report

2. Receive Public Comment

3. Hold discussion and provide direction

13. Consider Resolution Authorizing City Manager to Enter into Agreement with Rincon Consultants, Inc. for Tasks Related to the City's Housing Element Update I. Receive Staff Report

2. Receive Public Comment

3. Consider a motion to approve resolution

14. DISCUSSION AND DIRECTION: City Street Naming Policy and Southeast Gustine Master Plan Area Street Assignments
I. Receive Staff Report

2. Receive Public Comment

3. Hold discussion and provide direction
(continued)

Page 2 of 107 ends

15. Consider Resolution Authorizing Regional Surface Transportation Program Claim

1. Receive Staff Report

2. Receive Public Comment

3. Consider a motion to approve the resolution

CITY DEPARTMENT REPORTS

CITY MANAGER REPORT

CITY ATTORNEY REPORT

CITY COUNCIL REPORTS

CLOSED SESSION

ADJOURNMENT
Note:

1. In compliance with the Americans with Disabilities Act, a disabled person requesting a disability-related modification or accommodation to participate in this meeting, must contact City Hall at (209) 854-6471 or /209/ 854-2127 (fax}. Requests must be made as early as possible, preferably one-full business day before the start of the meeting.

2. Any document provided to a majority of the City Council regarding any open session item on this agenda is available for public inspection during normal business hours at the front counter of City Hall located at 352 5W Street, Gustine, CA. Documents or writings received after the general distribution of the agenda are also available for inspection.

CERTIFICATION
I, Melanie Correa, Deputy City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at the Gustine City Hall, 352 5 Street, Gustine CA and made available for public review on this 12 day of July, 2024, at IE
Melanie Correa

Page 3 of 107 ends

MINUTES OF

REGULAR MEETING
July 2, 2024

CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Pro Tern Ford called the meeting to order at 6:32 P.M. and conducted the pledge of allegiance.

ROLL CALL
Council Members: Giles - Marsigli - Bonta -Mayor Pro Tern Ford Staff present: City Manager Soknirorn Than, City Attorney Ann Siprelle (virtual), Recreation Manager Tiffany Vitorino, Acting Police Chief Sammy Joseph, Finance Director Jenny Morrison, Public Works Director Gary Ingram, Economic & Community Development Director Jami Westervelt and Administrative Services Director Melanie Correa
Mayor Nagy was absent.

APPROVAL OF AGENDA
Council member Marsigli made a motion to approve the agenda.

The motion was seconded by Council member Giles and carried 4-0, with Mayor Nagy absent.

DECLARATIONS OF CONFLICT OF INTEREST
There were no declarations of conflict of interest.

PUBLIC COMMENT
There was no public comment.

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

Are there any items on the consent calendar that any member of the public would like to comment on?

1. Minutes of the June 18, 2024 Regular Meeting
Recommendation: Review and approve

2. Warrants
Recommendation: Review and ratify

3. Approve Request from Gustine Pentecost Society for Use of City Streets and Services for Annual Celebration Event
Recommendation: Review and approve request

4. Approve Request for Use of Streets, and Allowance of Mobile Food Vendors for City National Night Out Event
Recommendation: Review and approve request

5. Approve Resolution Adopting Updated Paid Sick Leave Police for Part-Time, Temporary, and Seasonal Employees
Recommendation: Review and approve resolution

6. Approve First Amendment to Contract Employment Agreement for Public Works Utilities Project Consultant and Authorize City Manager to Execute Amendment

Page 4 of 107 ends

Recommendation: Review and approve first amendment and authorize City Manager to execute amendment

7. Approve Resolution Adopting Gustine Employee Salary Schedule Recommendation: Review and approve resolution

8. Approve Resolution Appointing City Manager Pro Tempore Recommendation: Review and approve resolution

9. INFORMATIONAL UPDATE: San Joaquin Air Pollution Control District Vehicle Grant Recommendation: Review and file
Mayor Pro Tern Ford introduced the consent calendar.

There was no public comment.

Council member Marsigli inquired whether the state mandate required an 80-hour carryover clause, to which Administrative Services Director Correa advised the mandate outlays the carryover clause, and that the City's personnel policy affords methods to ensure the leave is used for applicable uses.

Council member Bonta made a motion to approve the consent calendar.

The motion was seconded by Council member Marsigli and carried 4-0, with Mayor Nagy absent.

ADMINISTRATIVE AGENDA

10. Consider Resolution Authorizing City Manager to Enter Agreement with Earth Systems Inc. for Contract On-Call Geotechnical Engineering Services

1. Receive Staff Report

2. Receive public comment

3. Consider a motion to approve resolution
City Manager Than presented the staff report.

There was no public comment.

Council member Marsigli inquired clarification on the combined ICR percentage, to which City Manager Than advised it is comprised of fringe benefits, leaves and overhead.

Council member Giles advised of his questions prior to the meeting and advised the prior consultant was Krazan and Associates.

Council member Marsigli inquired whether Krazan and Associates submitted a proposal, to which City Manager Than affirmed and advised the City received four proposals in total.

Council member Marsigli made a motion to approve the resolution authorizing City Manager to enter into agreement with Earth Systems Inc. for contract on-call geotechnical engineering services.

The motion was seconded by Council member Bonta and carried 4-0, with Mayor Nagy absent.

11. Consider Resolution Authorizing City Manager to Execute Contract Amendment with Capitol Advocacy Partners

1. Receive Staff Report

2. Receive public comment

3. Consider a motion to approve resolution
City Manager Than presented the staff report.

There was no public comment.

Council member Bonta inquired whether Capitol Advocacy Partners provides tracking and reporting, to which City Manager Than affirmed.

Council member Marsigli clarified the language listed in item #2 of the addendum, in that the additional amount will be charged only when Capitol Advocacy Partners works on the EPA Loop line and Water Tank project.

Page 5 of 107 ends

Mayor Pro Tern Ford inquired whether costs could be paid through the tobacco grant, to which City Manager Than advised the City will use the enterprise funds.

Council member Giles inquired whether the additional monies towards the Tobacco grant be recoverable once the City receives the grant, to which City Manager Than advised the City has an existing tobacco grant that expires in September, which will cover the program until the award for the new grant is expected.

Council member Giles inquired whether the grant could go towards the technical services in updating the grant, to which City Manager Than advised he does not believe so but will look into it.

Council member Bonta made a motion to approve the resolution authorizing City Manager to execute contract amendment with Capitol Advocacy Partners.

The motion was seconded by Council member Giles and carried 4-0, with Mayor Nagy absent.

12. Consider Resolution Authorizing Expenditure for Two Police Vehicles and Authorizing City Manager to Execute Purchase Contract

1. Receive Staff Report

2. Receive public comment

3. Consider a motion to approve resolution
City Manager Than presented the staff report.

There was no public comment.

Council member Giles inquired if the City's search within California was limited to all black patrol vehicles, to which City Manager Than advised the search was for any color patrol vehicles as well as different models.

Council member Marsigli made a motion to approve the resolution authorizing expenditure for two police vehicles and authorizing City Manager to execute purchase contract.

The motion was seconded by Council member Giles and carried 4-0, with Mayor Nagy absent.

CITY DEPARTMENT REPORTS
Acting Police Chief Joseph thanked the Council for approving the purchase of two police vehicles, he expanded on the benefits toward moral that come with Council's authorization of the expenditure. He advised traffic detail is ongoing and reported on citations and warnings issued. He also advised the department will use additional manpower for firework details. He updated Council on the on boarding of a new Level 1 Reserve Police Officer.

Council member Bonta inquired whether the department could use the old cars as decoys, to which Acting Police Chief Joseph advised the department will be looking more into this idea closer to the school year.

Mayor Pro Tern Ford commented signage advising of the detour truck route needed to be bigger.

Public Works Director Ingram advised of temporarily rented electric signboards that will be installed tomorrow morning to assist in advising motorists of the detour.

Recreation Manager Vitorino updated on the Movie Night events at the Aquatic Center. She advised the Pop-Up Pool Party was not well attended but she shared hope for future events. Mrs. Vitorino updated on firework donations and advised$ l 2K has been raised to date. She advised Westside 4H assisted in gathering donations. She reminded everyone of the Westside Auto Club Linguica Run on July 13 and the GPS Festa on July 2O and 215. She thanked Council for approving the National Night Out event. She informed Council she will be on vacation from July 6t to July 28m.

Page 6 of 107 ends

Council member Marsigli inquired whether the Fire Department was having their annual breakfast, to which Recreation Manager Vitorino affirmed and advised it will be the morning of July 13.

Council member Bonta inquired on 4l of July activities for kids, to which Recreation Manager Vitorino provided a list of activities that will be available to the kids by gentleman company located in Los Banos.

Finance Director Morrison updated on business license renewals.

Council member Bonta inquired whether 7 Star Smoke Shop will be opening, to which Economic & Community Development Director Westervelt advised the shop is working on issues within the shop and hopefully will be issued a license within 30 days.

Economic & Community Development Director Westervelt expressed excitement with getting contracts for contract planning services signed. She advised in-house planning with take place once a week for a full day. She informed Council the City received the environmental clearance letter from USDA for broadband funding. She advised Unwired is still in review phase. She updated on her meeting with the Rasmussen's on their Vesting Tentative Subdivision Maps and advised of their interest in moving forward.

She advised of staff's work on Housing Element funding and advised of the work the City needs to do within the next eight months. Mrs. Westervelt advised of the LEAP funding the City is able to re-scope to align with the Housing Element work. She also advised the REAP 2.0 funding is still allocated in the state's budget at 93% and reported HCD is leaning towards allowing it to be used towards re-zoning efforts.

Council member Marsigli inquired on the cabling installation on North Ave, to which Economic & Community Development Director Westervelt advised is for the Gustine Unified School District Fiber project.

There was further discussion in regards to the work being done for the GUSD Fiber project.

Public Works Director Ingram advised of the departments support with the ongoing projects in town. He informed Council the department received the sweeper today. He advised he is working on obtaining new vehicles before purchasing new aerators.

Council member Giles inquired if the leaf truck will make it another year, to which Public Works Director Ingram affirmed.

Council member Bonta inquired what is being buried at Schmidt Park close to Linden Ave, to which Public Works Director Ingram advised the storm drain was hit by the drill and further advised of the support the department provided to repair the storm drain.

Administrative Services Director Correa updated on her attendance at the Countywide City Clerks meeting at the Election Central Count Facility. She also updated on the candidate filing period, advising candidate filing period is open from July 15 to August 9i. She informed Council the Notice of Election is being published tomorrow.

CITY ATTORNEY REPORT
City Attorney Siprelle advised of her work on Professional Service Agreements. She wished everyone a Happy 4 of July.

CITY MANAGER REPORT
City Manager Than informed Council of the opening of the cooling center tomorrow.

He advised the Gustine cooling center will be in the community room next to the library.

He thanked the Police Department volunteers for their assistance. He advised the cooling center will be open from Wednesday through Saturday and further advised the City will continue to monitor the forecast. He advised the pool would be open for open

Page 7 of 107 ends

swim Monday, Wednesday and Friday from 1-4 P.M. He informed Council the North Ave Sidewalk bid closes next week.

Mayor Pro Tern Ford inquired on the surplus vehicles, to which City Manager Than advised the vehicles will be added on a surplus list and will be auctioned or sold direct.

Council member Giles inquired an update on the County OES outreach program, to which Administrative Services Director Correa advised it is currently just a County program but stated she will follow up with Adam Amaral in regards to the program being extended to agencies within the County.

CITY COUNCIL REPORTS
Council member Giles recommended everyone get their chores done early to beat the heat.

Council member Marsigli wished everyone a Happy 4 of July and commented on the Westside Auto Club Linguica Run. She asked City Manager Nirorn to explain the ARPA Grand Jury Report, to which City Manager Than provided information. City Manager Than further advised the City is not in violation and stated the Council must obligate remaining funds prior to December 31, 2024.

Council member Bonta advised of a complaint from Westside Welding in regards to PG&E taking his property and a discrepancy with a pole. He asked staff to look into it, to which City Manager Than advised he will look into it.

Council member Bonta advised of his attendance at the Merced County Association of Governments Governing Board meeting.

Mayor Pro Tern Ford advised he had nothing to report.

ADJOURNMENT
Mayor Pro Tern Ford adjourned the meeting at 7:30 P.M.

Page 8 of 107 ends

MINUTES OF

SPECIAL JOINT MEETING
June 26, 2024

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

ROLL CALL
Council Members: Giles - Marsigli - Mayor Pro T em Ford Commissioners: Alexander - Duprel - Vice-Chairperson Lackey -- Chairperson Gomes Staff present: City Manager Soknirorn Than, City Attorney Siprelle (virtual), Economic & Community Development Director Jami Westervelt, and Administrative Services Director Melanie Correa
Council member Bonta and Mayor Nagy were absent.

Planning Commissioner Medeiros was absent.

PUBLIC COMMENT
There was no public comment.

ADMINISTRATIVE AGENDA

1. DISCUSSION AND DIRECTION: Draft Merced County Multi-Jurisdictional Housing Element Sixth Cycle Update - Public Comment Review

1. Receive Staff Report and Presentation

2. Receive public comment

3. Receive Planning Commission comment

4. Receive City Council comment

5. Provide staff with direction to submit draft to State for review Economic & Community Development Director Westervelt presented the staff report and introduced Jenna Reese, Brenna Weatherby of Rincon & Associates and Veronica Tam, of Veronica Tam and Associates, who was still travelling to the meeting. Ms.

Weatherby presented the presentation.

Mayor Pro Tern Ford inquired whether the City is allowed to zone non-vacant sites as higher density, to which Ms. Weatherby advised it may be done with the required additional analysis.

Council member Marsigli inquired the consequence if a City does not have capacity for re-zones sites, to which Ms. Weatherby advised in that scenario, the State will examine and make recommendation.

Council member Marsigli inquired if the state has forced an agency to annex land to accommodate rezone mandates, to which Ms. Weatherby answered no.

Council member Marsigli inquired who provides the figures for maximum affordable monthly rent, to which Ms. Weatherby advised it is provided by formula through Merced County Association of Governments.

Council member Marsigli inquired the process if the City rezones a site that is ultimately rejected by the State, to which Ms. Weatherby advised she is unsure about the scenario, and further advised of the process to submit the draft prior to any rezoning.

Council member Giles inquired why anticipated ADU's are categorized within above moderate income, to which Ms. Weatherby advised the City has no hard data to

Page 9 of 107 ends

substantiate these units will be offered at a specific income category. She further advised categorizing them, as above moderate income is the most conservative estimate.

Economic & Community Development Director Westervelt advised going forward the City will work on collecting more data on the housing that is being built to better align estimates in the future.

Council member Giles inquired on the importance of having a buffer unit count per income level, to which Ms. Weatherby advised doing so provides flexibility for the City to accommodate its overall unit numbers.

Council member Marsigli inquired what if through collected data, the City finds a greater number of ADUs than what is listed on this update, to which Ms. Weatherby advised the City would claim credit for those in the following cycle.

Veronica Tam advised only permitted ADUs may be counted.

Council member Marsigli inquired whether the sixteen-unit rezone requirement could be allocated to above moderate, to which Ms. Weatherby advised these are specific to lower income.

Mayor Pro Tern Ford inquired whether a property owner could build a single-family home on a site identified on the City's inventory that is rezoned to R-3, to which Ms.

Weatherby advised of the challenges with downzoning, and the City's obligation to accommodate the lost dwelling allocation to another site. City Attorney Siprelle provided information on "taking" and clarified as long as the site remains economically viable to the property owner, rezones through this process would not be considered as "taking".

Economic & Community Development Director Westervelt clarified the implemented revision of the site inventory exhibits listed in the draft document.

Council member Marsigli inquired on additional credit if site 4 is developed at lowerincome, to which Ms. Weatherby advised the City will receive credit for producing the lower-income units, which lessens the need for more lower-income units on other sites.

Commissioner Dupre! inquired the location of site 5, to which Economic & Community Development Director Westervelt advised it is located on Highway 33 west of the Southport Development.

Council member Marsigli inquired if the state has allowed rezoning to commercial, to which Ms. Weatherby advised she could look further into it.

Mayor Pro Tern Ford inquired the size of site 1, to which Economic & Community Development Director Westervelt advised it is approximately six acres.

Commissioner Duprel inquired the size of site 2, to which Economic & Community Development Director Westervelt advised it approximately six acres.

Council member Marsigli inquired more information on analyzing the City's Conditional Use Permit process, to which Ms. Weatherby advised no change is required, as long as the Conditional Use Permit process is not a constraint to housing development. If a constraint is found, the City will need to implement programs to combat against the constraint as a means to not impede housing development.

Mayor Pro Tern Ford inquired if the allowance of manufactured homes on a permitted foundation is included in this update, to which Ms. Weatherby affirmed.

Veronica Tam further advised clarification on the allowance of manufactured homes, advising on the importance of the unit being permitted.

Ms. Tam provided an overview of the housing programs.

Council member Marsigli inquired which General Plan amendments will need to be done, to which Ms. Reese advised the City would need to update its Land Use Element with the new zoning.

Economic & Community Development Director Westervelt advised staff is also working on the Environmental Justice and Safety Elements and will bring to Council once completed.

Page 10 of 107 ends

Mayor Pro Tern Ford inquired if the City's Housing Element is approved by the State would the City then wait for regional part, to which Ms. Weatherby advised each jurisdiction has to have a certified Housing Element.

There was no public comment.

There was no planning commissioner comment.

Council member Marsigli voiced her concern with Conditional Use Permits being an over burden against affordable housing development, to which City Manager Than advised if necessary it will be amended through the zone amendment process which will come back before Council for adoption.

Council provided consensus to direct staff to submit the draft to State for review.

ADJOURNMENT
Mayor Pro Tern Ford adjourned the meeting at 7:40 P.M.

Page 11 of 107 ends

City of Gustine, CA
s t
f
'; /
-
Warrant List
By Vendor Name
Payment Dates 07/16/2024 - 07/16/2024
Vendor Name Payable Number
Vendor: ACE HARDWARE OF GUSTINE
Fund: 001- GENERAL FUND
ACE HARDWARE OF GUSTI 573402
ACE HARDWARE OF GUSTI 573590
ACE HARDWARE OF GUSTI 573591
ACE HARDWARE OF GUSTI 573755
ACE HARDWARE OF GUSTI 573853
Post Date
06/30/2024
06/30/2024
06/30/2024
06/30/2024
06/30/2024
Description (Item)

PW CHAINSAW FUEL

PW IRRIGATION FITTINGS

PW TOILET BOWL

CLEANING TOOL
PW DEPT OP SUPPLIESBATTERIES

PW IRRIGATION FITTING
Fund 001- GENERAL FUND Total:

Amount

58.43 28.46

7.57 21.64

1.50 117.60

64.94 Fund: 060 - WATER FUND
ACE HARDWARE OF GUSTI 573496 06/30/2024 PW TORCH FOR

DISINFECTING SAMPLE
SITES
Fund 060 - WATER FUND Total: 64.94
Fund: 061- SEWER FUND
ACE HARDWARE OF GUSTI 574053 06/30/2024 PW MISC TOOLS
Fund 061- SEWER FUND Total:

Vendor ACE HARDWARE OF GUSTINE Total:

22.71 22.71
205.25
Vendor: AGEE CONSTRUCTION CORPORATION
Fund: 020- CMAQ
AGEE CONSTRUCTION CO N0.2 (2) 06/30/2024 33/140 ROUNDABOUT PROJ 05/01/24 -05//31/2
Fund 020 - CMAQ Total:
83,436.14
83,436.14
06/30/2024
Fund: 200 - REGIONAL MEASURE V
AGEE CONSTRUCTION CO NO.2 (2) 33/140 ROUNDABOUT
PROJ 05/01/24 -05//31/2
Fund 2OO- REGIONAL MEASURE V Total:

Vendor AGEE CONSTRUCTION CORPORATION Total:
10,810.04
10,810.04
94,246.18

8.10 5.40

5.40 27.02

DRINKING WATER ALL
DEPTS 06/05/24 &
06/19/24

DRINKING WATER ALL
DEPTS 06/05/24 &
06/19/24

DRINKING WATER ALL
DEPTS 06/05/24 &
06/19/24

DRINKING WATER ALL
DEPTS 06/05/24 &
06/19/24
Fund 001- GENERAL FUND Total: 45.92
07/16/2024
07/16/2024
07/16/2024
07/16/2024
ALHAMBRA & SIERRA SPRI 12652410 062124
ALHAMBRA & SIERRA SPRI 12652410 062124
ALHAMBRA & SIERRA SPRI 12652410 062124
Vendor: ALHAMBRA & SIERRA SPRINGS
Fund: 001- GENERAL FUND
ALHAMBRA & SIERRA SPRI 12652410 062124
DRINKING WATER ALL 8.10
DEPTS 06/05/24 &
06/19/24
Fund 009 - COMMUNITY CENTER FUND Total: 8.10
07/16/2024
Fund: 009- COMMUNITY CENTER FUND
ALHAMBRA & SIERRA SPRI 12652410 062124
7/3/2024 9:49:10AM Page 1 of 12

Page 12 of 107 ends

Warrant List Payment Dates: 07/16/2024 • 07/16/2024
Vendor Name Payable Number Post Date Description (Item] Amount Fund: 016- SWIM POOL FUND
ALHAMBRA & SIERRA SPRI 12652410 062124 07/16/2024 DRINKING WATER ALL 5.40 OEPTS 06/05/24 &
06/19/24
Fund 016- SWIM POOL FUND Total: 5.40
Fund: 019 - RECREATION FUND
ALHAMBRA & SIERRA SPRI 12652410 062124 07/16/2024 DRINKING WATER ALL 8.10 DEPTS 06/05/24 &
06/19/24
Fund 019- RECREATION FUND Total: 8.10
Fund: 059 - STORM DRAIN
ALHAMBRA & SIERRA SPRI 12652410 062124 07/16/2024 DRINKING WATER ALL 40.52 DEPTS 06/05/24 &
06/19/24
Fund 059 - STORM DRAIN Total: 40.52
Fund: 060 -WATER FUND
ALHAMBRA & SIERRA SPRI 12652410 062124 07/16/2024 DRINKING WATER ALL 54.03 DEPTS 06/05/24 &
06/19/24
Fund 060 - WATER FUND Total: 54.03
Fund: 061- SEWER FUND
ALHAMBRA & SIERRA SPRI 12652410 062124 07/16/2024 DRINKING WATER ALL 54.06 DEPTS 06/05/24 &
06/19/24
Fund 061 - SEWER FUND Total: 54.06
Fund: 062 - REFUSE
ALHAMBRA & SIERRA SPRI 12652410 062124 07/16/2024 DRINKING WATER ALL 54.03 DEPTS 06/05/24 &
06/19/24
Fund 062 - REFUSE Total: 54.03
Vendor ALHAMBRA & SIERRA SPRINGS Total: 270.16
Vendor: AMAZON CAPITAL SERVICES, INC.

Fund: 001 - GENERAL FUND
AMAZON CAPITAL SERVICE 1VML-G1CR-4TP4 06/30/2024 PW DEPT OP SUPPLIES- 45.14

GRAFFITI WIPES
Fund 001- GENERAL FUND Total: 45.14
Fund: 060 - WATER FUND
AMAZON CAPITAL SERVICE 1KH6-DNPH-H4C6 06/30/2024 PW DEPT OP SUPPLIES- 275.96

BLADES, BASKETBALL RIM
Fund 060- WATER FUND Total: 275.96
Fund: 061 · SEWER FUND
AMAZON CAPITAL SERVICE 1KH6-DNPH-H4C6 06/30/2024 PW DEPT OP SUPPLIES- 275.97

BLADES, BASKETBALL RIM
Fund 061- SEWER FUND Total: 275.97
Vendor AMAZON CAPITAL SERVICES, INC. Total: 597.07
Vendor: AT&T CALN ET 3
Fund: 001 - GENERAL FUND
AT&T CALNET3 000021870520 06/30/2024 TELEPHONE SERVICE 0.07 05/17/24- 06/16/24
AT&T CALN ET 3 000021870520 06/30/2024 TELEPHONE SERVICE 0.07 05/17 /24-06/16/24
AT&T CALN ET 3 000021870520 06/30/2024 TELEPHONE SERVICE 0.07 05/17/24 -06/16/24
AT&T CALNET 3 000021870520 06/30/2024 TELEPHONE SERVICE 0.07 05/17/24- 06/16/24
7/3/2024 9:49:10 AM Page 2 of 12

Page 13 of 107 ends

Warrant List Payment Dates: 07/16/2024 -07/16/2024
Vendor Name Payable Number Post Date Description (Item) Amount AT&T CALN ET 3 000021870520 06/30/2024 TELEPHONE SERVICE 14.56 05/17/24 -06/16/24
AT&T CALNET 3 000021870520 06/30/2024 TELEPHONE SERVICE 0.07 05/17/24- 06/16/24
AT&T CALNET 3 000021870520 06/30/2024 TELEPHONE SERVICE 0.07 05/17/24 -06/16/24
AT&T CALNET 3 000021870520 06/30/2024 TELEPHONE SERVICE 0.07 05/17/24-06/16/24
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 0.07 05/17/2024- 06/16/2024
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 0.07 05/17/2024- 06/16/2024
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 0.07 05/17/2024 - 06/16/2024
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 0.07 05/17/2024- 06/16/2024
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 13.78 05/17/2024-06/16/2024
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 0.07 05/17/2024-06/16/2024
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 0.07 05/17/2024- 06/16/2024
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 0.07 05/17/2024-06/16/2024
. --- - - -----
Fund 001- GENERAL FUND Total: 29.32
Fund: 009- COMMUNITY CENTER FUND
AT&T CALNET 3 000021870520 06/30/2024 TELEPHONE SERVICE 0.29 05/17/24 -06/16/24
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 0.28 05/17/2024 -06/16/2024
Fund 009 - COMMUNITY CENTER FUND Total: 0.57
Fund: 016 - SWIM POOL FUND
AT&T CALNET 3 000021870520 06/30/2024 TELEPHONE SERVICE 0.29 05/17/24 - 06/16/24
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 0.28 05/17/2024 -06/16/2024
Fund 016 - SWIM POOL FUND Total: 0.57
Fund: 019 - RECREATION FUND
AT&T CALNET 3 000021870520 06/30/2024 TELEPHONE SERVICE 0.29 05/17/24 -06/16/24
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 0.28 05/17/2024 -06/16/2024
Fund 019 - RECREATION FUND Total: 0.57
Fund: 060- WATER FUND
AT&T CALNET 3 000021870520 06/30/2024 TELEPHONE SERVICE 5.10 05/17 /24-06/16/24
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 4.82 05/17/2024-06/16/2024
Fund 060 - WATER FUND Total: 9.92
Fund: 061 - SEWER FUND
AT&T CALNET 3 000021870520 06/30/2024 TELEPHONE SERVICE 5.10 05/17/24-06/16/24
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 4.82 05/17/2024-06/16/2024
Fund 061 - SEWER FUND Total: 9.92
7/3/2024 9:49:10 AM Page 3 of 12

Page 14 of 107 ends

Warrant List Payment Dates: 07/16/2024 - 07/16/2024
Vendor Name Payable Number Post Date Description (Item) Amount Fund: 062 • REFUSE
AT&T CALNET 3 000021870520 06/30/2024 TELEPHONE SERVICE 2.91 05/17 /24-06/16/24
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 2.76 05/17/2024- 06/16/2024
-
Fund 062 - REFUSE Total: 5.67
Fund: 063 - AIRPORT FUND
AT&T CALNET 3 000021870520 06/30/2024 TELEPHONE SERVICE 0.09 05/17/24 • 06/16/24
AT&T CALNET 3 000021870521 06/30/2024 TELEPHONE SERVICE 0.05 05/17/2024- 06/16/2024
Fund 063 - AIRPORT FUND Total: 0.14
Vendor AT&T CALN ET 3 Total: 56.68
Vendor: CALIFORNIA BUILDING STANDARDS COMM!
Fund: 001 - GENERAL FUND
CALIFORNIA BUILDING STA QTR APR -JUN 2024 06/30/2024 SB 1473 QTR APR-JUN 26.10 2024
Fund O01 - GENERAL FUND Total: 26.10
Vendor CALIFORNIA BUILDING STANDARDS COMMI Total: 26.10 Vendor: CD-DATA
Fund: OO1- GENERAL FUND
CD-DATA 26179 07/16/2024 PARCEL INFO YEARLY 2,399.00
SUBSCRIPTION 06/20/24-
08/19/25
Fund 001 - GENERAL FUND Total: 2,399.00
Vendor CD-DATA Total: 2,399.00
Vendor: COOL TREATS INC.

Fund: 016-SWIM POOL FUND
COOL TREATS INC. 10022791 06/30/2024 AQUATIC CENTER - 123.93

CONCESSIONS
Fund 016- SWIM POOL FUND Total: 123.93
Vendor COOL TREATS INC. Total: 123.93
Vendor: DAVID J FRANCIS
Fund: 061 - SEWER FUND
DAVID J FRANCIS 3998 07/16/2024 WWTP DISCONNECTS 8,510.50

TROUBLESHOOTING AND

REPAIRS
Fund 061- SEWER FUND Total: 8,510.50
Vendor DAVID J FRANCIS Total: 8,510.50
Vendor: DEPT OF CONSERVATION
Fund: 001 - GENERAL FUND
DEPT OF CONSERVATION QTR APR -JUN 2024 06/30/2024 PLANNING DEPT SEISMIC 36.33 FEE QTR APR - JUN 2024
Fund 001 - GENERAL FUND Total: 36.33
Vendor DEPT OF CONSERVATION Total: 36.33
Vendor: FERGUSON ENTERPRISES INC
Fund: 060 - WATER FUND
FERGUSON ENTERPRISES I 0004520
Vendor: GOUVEIA ENGINEERING INC
Fund: 001- GENERAL FUND
GOUVEIA ENGINEERING I 16166
7/3/2024 9:49:10 AM
06/30/2024
07/16/2024
B30 BOXES W LIDS
Fund 060 - WATER FUND Total:

Vendor FERGUSON ENTERPRISES INC Total:

MISCELLANEOUS
MEETINGS MAY 2024
1,461.30
1,461.30
1,461.30
162.00

Page 4 ends
Page 15 of 107 ends

Warrant List Payment Dates: 07/16/2024 - 07/16/2024
Vendor Name Payable Number Post Date Description (Item) Amount GOUVEIA ENGINEERING I 16183 06/30/2024 KATAKIS MAP REVIEW 111.30 MAY 2024
GOUVEIA ENGINEERING I 16184 06/30/2024 555 WALLIS AVE LOT SPLIT 693.53 MAY2024
GOUVEIA ENGINEERING I 16185 06/30/2024 COMCAST CITY WIDE 10,847.03 IMPR JB951038 MAY 2024
GOUVEIA ENGINEERING I 16186 06/30/2024 UNWIRED CITY WIDE 170.10 IMPROVEMENTS MAY 202
GOUVEIA ENGINEERING I 16187 06/30/2024 SCHOOL DISTRICT FIBER 340.20 OPTIC IMPRV MAY 2024
GOUVEIA ENGINEERING I 16188 06/30/2024 KATAKIS SUBDIVISION IN- 15,515.85 TRACT IP MAY 2024
GOUVEIA ENGINEERING I 16189 06/30/2024 KAKATIS SUBDIVISION 3,061.80 OFFSITE IP MAY 2024
Fund 001 - GENERAL FUND Total: 30,901.81
Fund: 010- GAS TAX 2105 FUND
GOUVEIA ENGINEERING I 16166 07/16/2024 MISCELLANEOUS 301.84 MEETINGS MAY 2024
GOUVEIA ENGINEERING I 16168 06/30/2024 PUBLIC WORKS GENERAL 151.61 MAY 2024
GOUVEIA ENGINEERING I 16173 06/30/2024 STREET GENERAL MAY 170.10 2024
GOUVEIA ENGINEERING I 16179 06/30/2024 GEOTECH FHWA RFQ MAY 170.08 2024
GOUVEIA ENGINEERING I 16180 06/30/2024 RAILROAD AVE PAVEMENT 315.79 REHAB MAY 2024
Fund 010 - GAS TAX 2105 FUND Total: 1,109.42
Fund: 017 - CITY WIDE LIGHTING & LAND
GOUVEIA ENGINEERING I 16190 06/30/2024 CITY WIDE ASSESSMENT 241.50 DISTRICT MAY 2024
Fund 017- CITY WIDE LIGHTING & LAND Total: 241.50
Fund: 020 - CMAQ
GOUVEIA ENGINEERING I 16174 06/30/2024 ROUNDABOUT SR 140/33 35,059.17 MAY 2024
GOUVEIA ENGINEERING I 16175 06/30/2024 ROUNDABOUT 5ST - 4AVE 20.89 MAY 2024
GOUVEIA ENGINEERING I 16176 06/30/2024 PED IMPRV NORTH AVE 4,678.46 MAY 2024
GOUVEIA ENGINEERING I 16177 06/30/2024 EAST AVE SIDEWALK MAY 20.89 2024
GOUVEIA ENGINEERING I 16178 06/30/2024 PH Ill MULTIUSE PATH 20.89 MAY 2024
Fund 020- CMAQ Total: 39,800.30
Fund: 059 - STORM DRAIN
GOUVEIA ENGINEERING I 16168 06/30/2024 PUBLIC WORKS GENERAL 39.25 MAY 2024
Fund 059- STORM DRAIN Total: 39.25
Fund: 060 - WATER FUND
GOUVEIA ENGINEERING I 16168 06/30/2024 PUBLIC WORKS GENERAL 235.50 MAY 2024
GOUVEIA ENGINEERING I 16168 06/30/2024 PUBLIC WORKS GENERAL 554.50 MAY 2024
GOUVEIA ENGINEERING I 16169 06/30/2024 PUBLIC WORKS DEPT 5,181.75

SUPPORT OP TIME MAY
2024
7/3/2024 9:49:10 AM Page 5 of 12

Page 16 of 107 ends

Warrant List Payment Dates: 07/16/2024 - 07/16/2024
Vendor Name Payable Number Post Date Description (Item] Amount GOUVEIA ENGINEERING I 16179 06/30/2024 GEOTECH FHWA RFQ MAY 170.08 2024
Fund 060 - WATER FUND Total: 6,141.83
Fund: 061 - SEWER FUND
GOUVEIA ENGINEERING I 16168 06/30/2024 PUBLIC WORKS GENERAL 554.50 MAY 2024
GOUVEIA ENGINEERING I 16171 06/30/2024 NORTH AVE PUMP 2,447.55

STATION IMPROV MAY
2024
GOUVEIA ENGINEERING I 16172 06/30/2024 WASTEWATER 8,211.00

TREATMENT FACILITIES OP
GOUVEIA ENGINEERING I 16179 06/30/2024 GEOTECH FHWA RFQ MAY 170.14 2024
Fund 061- SEWER FUND Total: 11,383.19
Fund: 063 - AIRPORT FUND
GOUVEIA ENGINEERING I 16182 06/30/2024 GUSTINE AIRPORT LAYOUT 989.10 PLAN MAY 2024
Fund 063 - AIRPORT FUND Total: 989.10
Fund: 200 - REGIONAL MEASURE V
GOUVEIA ENGINEERING I 16174 06/30/2024 ROUNDABOUT SR 140/33 4,542.29 MAY 2024
GOUVEIA ENGINEERING I 16175 06/30/2024 ROUNDABOUT 5ST - 4AVE 2.71 MAY 2024
Fund 200 - REGIONAL MEASURE V Total: 4,545.00
Fund: 202 - ALT MODES MEASURE V
GOUVEIA ENGINEERING I 16165 06/30/2024 DBE PLAN ADA 30.19 COMPLIANCE MAY 2024
GOUVEIA ENGINEERING I 16176 06/30/2024 PED IMPRV NORTH AVE 606.14 MAY 2024
GOUVEIA ENGINEERING I 16177 06/30/2024 EAST AVE SIDEWALK MAY 2.71 2024
GOUVEIA ENGINEERING I 16178 06/30/2024 PH Ill MULTIUSE PATH 2.71 MAY 2024
Fund 202 - ALT MODES MEASURE V Total: 641.75
Fund: 301 - SWRCB GRANT WASTEWATER PRO C-06-8179-110
GOUVEIA ENGINEERING I 16170 06/30/2024 WTF IMPROVEMENTS 517.75 PLANNING MAY 2024
Fund 301 - SWRCB GRANT WASTEWATER PROJ C-06-8179-110 Total: 517.75 Vendor GOUVEIA ENGINEERING INC Total: 96,310.90
Vendor: HALYCON CREEK INC. (OBA MID VALLEY I.T.)
Fund: OO1- GENERAL FUND
HALYCON CREEK INC. (DBA 202144216 07/16/2024 CM OFFICE SUPPLIES- 2,677.10

LAPTOP REPLACEMENT
HALYCON CREEK INC. {DBA 202144232 07/16/2024 PD CCTV DVR 1,510.31

REPLACEMENT
HALYCON CREEK INC. (DBA 202144233 07/16/2024 CM OPERATING SUPPLIES 2,392.44 HALYCON CREEK INC. (DBA 202144234 07/16/2024 CITY HALL CONFERENCE 587.02

ROOM WIRELESS DISPLAY
REC
Fund 001- GENERAL FUND Total: 7,166.87
Vendor HALYCON CREEK INC. (DBA MID VALLEY I.T.) Total: 7,166.87 Vendor: HD SUPPLY INC.

Fund: 061- SEWER FUND
HD SUPPLY INC. INV00395332 06/30/2024 TRACING DYE FOR SEWER 149.78 7/3/2024 9 :49:10 AM Page 6 of 12

Page 17 of 107 ends

Warrant List
Vendor Name
HD SUPPLY INC.

Payable Number
INV00396187
Post Date
06/30/2024
Payment Dates: 07/16/2024 - 07/16/2024
Description (Item) Amount
PW LIFT STATION PINE 894.68

DEGREASER
Vendor: HENRY ALLEN ANDERSON JR.

Fund: 060- WATER FUND
HENRY ALLEN ANDERSON 7728 06/30/2024
Fund 061 - SEWER FUND Total:

Vendor HD SUPPLY INC. Total:

PW TRAILER FRONT DOOR

HARDWARE REPLACEMEN
Fund 060 - WATER FUND Total:
1,044.46
1,044.46
122.47
122.47
Fund: 061 - SEWER FUND
HENRY ALLEN ANDERSON 7728 PW TRAILER FRONT DOOR

HARDWARE REPLACEMEN
Fund 061- SEWER FUND Total:

Vendor HENRY ALLEN ANDERSON JR. Total:
122.48
122.48
244.95
06/30/2024
Vendor: IEH-JL ANALYTICAL
Fund: 061- SEWER FUND
IEH-JL ANALYTICAL 640975 06/30/2024 WWTP WATER SAMPLES
6/5/24
Fund 061 - SEWER FUND Total:

Vendor IEH-JL ANALYTICAL Total:
104.00
104.00
104.00
Vendor: IRRIGATION DESIGN & CONSTRUCTION LLC
Fund: OO1 - GENERAL FUND
IRRIGATION DESIGN & CO 0479730-IN 06/30/2024 TREE STAKE AND TIES Fund 001 - GENERAL FUND Total:

89.62 89.62
Vendor IRRIGATION DESIGN & CONSTRUCTION LLC Total: 89.62 Vendor: O'REILLY AUTO ENTERPRISES, LLC
Fund: 001 • GENERAL FUND
O'REILLY AUTO ENTERPRIS 5718-389702
O'REILLY AUTO ENTERPRIS 5718-391501
O'REILLY AUTO ENTERPRIS 5718-391512
PW #1073 VEHICLE

MAINTENANCE SUPPLIES

PW STABILIZER (FUEL)

PW O RINGS
Fund 001- GENERAL FUND Total:

Vendor O'REILLY AUTO ENTERPRISES, LLC Total:

51.40 29.21

23.79 104.40
104.40
06/30/2024
06/30/2024
06/30/2024
Vendor: PACE SUPPLY CORP
Fund: 060 • WATER FUND
PACE SUPPLY CORP 059596646 06/30/2024 PW 830 WATER BOXES

AND LIDS
Fund 060- WATER FUND Total:

Vendor PACE SUPPLY CORP Total:
1,971.83
1,971.83
1,971.83
Vendor: REDSTONE CONSTRUCTION INC
Fund: 061- SEWER FUND
REDSTONE CONSTRUCTIO 2418 WWTP STORM DRAIN

REPAIR IN POND
Fund 061- SEWER FUND Total:

Vendor REDSTONE CONSTRUCTION INC Total:
12,591.00
12,591.00
12,591.00
06/30/2024
Vendor: SCP DISTRIBUTORS, LL.C
Fund: 016- SWIM POOL FUND
SCP DISTRIBUTORS, L.L.C D8858785 06/30/2024 PW PH SENSOR 367.69 Fund 016-SWIM POOL FUND Total: 367.69
Vendor SCP DISTRIBUTORS, L.L.C Total: 367.69
7/3/2024 9:49:10 AM Page 7of 12

Page 18 of 107 ends

Warrant list Payment Dates: 07/16/2024 - 07/16/2024
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: TRI COUNTIES BANK CARDMEMBER SERVICES
Fund: OO1- GENERAL FUND
TRI COUNTIES BANK CARD 06/01/20224 JM GOTO 06/30/2024 TELEPHONE SERVICE 1.96 6/1/24-6/30/24
TRI COUNTIES BANK CARD 06/01/20224 M GOTO 06/30/2024 TELEPHONE SERVICE 1.96 6/1/24-6/30/24
TRI COUNTIES BANK CARD 06/01/20224 JM GOTO 06/30/2024 TELEPHONE SERVICE 1.96 6/1/24-6/30/24
TRI COUNTIES BANK CARD 06/01/20224 JM GOTO 06/30/2024 TELEPHONE SERVICE 1.96 6/1/24-6/30/24
TRI COUNTIES BANK CARD 06/01/20224J M GOTO 06/30/2024 TELEPHONE SERVICE 392.34 6/1/24-6/30/24
TRI COUNTIES BANK CARD 06/01/20224 JM GOTO 06/30/2024 TELEPHONE SERVICE 1.96 6/1/24-6/30/24
TRI COUNTIES BANK CARD 06/01/20224 JM GOTO 06/30/2024 TELEPHONE SERVICE 1.96 6/1/24-6/30/24
TRI COUNTIES BANK CARD 06/01/20224 JM GOTO 06/30/2024 TELEPHONE SERVICE 1.96 6/1/24-6/30/24
TRI COUNTIES BANK CARD 06/13/2024 JM ADOBE 06/30/2024 ADOBE ACCOUNT FOR 19.99 LAPTOP 6/13/24-7/12/24
TRI COUNTIES BANK CARD 06/27/2024JM TARGET 06/30/2024 FINANCE OFFICE FANS 172.88 TRI COUNTIES BANK CARD 06/26/2024 W OFFICE DE 06/30/2024 ON CALL PLANNING 898.45

FURNITURE
TRI COUNTIES BANK CARD 06/10/2024 MC LOCC (1) 06/30/2024 2024 LEAGUE CONF 650.00 REGISTRATION- P. NAGY
TRI COUNTIES BANK CARD 06/10/2024 MC Locc(2) 06/30/2024 2024 LEAGUE CONF 725.00 REGISTRATION- S.THAN
TRI COUNTIES BANK CARD 06/10/2024 MC Locc(3) 06/30/2024 2024 LEAGUE CONF 800.00 REGISTRATION- M. CORRE
TRI COUNTIES BANK CARD 06/10/2024 MC SOUTHW 06/30/2024 2024 LEAGUE CONF. 331.95 TRAVEL- M. CORREA
TRI COUNTIES BANK CARD 06/11/2024 MC LOCC 06/30/2024 2024 LEAGUE CONF -75.00 REGISTRATION- S. THAN
TRI COUNTIES BANK CARD 06/11/2024 MC NOB HILL 06/30/2024 MCAG TRB HOST-JUNE 24.70 TRI COUNTIES BANK CARD 06/12/2024 MC WOLFSEN 06/30/2024 MCAG TRB HOST-JUNE 150.38 TRI COUNTIES BANK CARD 06/03/2024 ST APWA 06/30/2024 APWA REGISTRATION- S. 397.00 THAN & G. INGRAM
TRI COUNTIES BANK CARD 06/03/2024 ST EBAY 06/30/2024 PE LICENSE- S.THAN 180.00 TRI COUNTIES BANK CARD 06/03/2024 ST PAYPAL 06/30/2024 CCMF REGISTRATION- S. 400.00 THAN
TRI COUNTIES BANK CARD 06/12/2024 ST EXPEDIA (1 06/30/2024 LEAGUE OF CAL CITIES 183.88

CONFERENCE CAR RENTAL
- S.THAN
TRI COUNTIES BANK CARD 06/12/2024 ST EXPEDIA (2 06/30/2024 LEAGUE OF CAL CITIES 468.64 CONFERENCE- S. THAN
TRI COUNTIES BANK CARD 06/21/2024 ST ICMA 06/30/2024 ICMA TRAINING POLICE 149.00 STAFFING- S. THAN
Fund 001- GENERAL FUND Total: 5,882.93
Fund: 009 - COMMUNITY CENTER FUND
TRI COUNTIES BANK CARD 06/01/20224 JM GOTO 06/30/2024 TELEPHONE SERVICE 7.85 6/1/24-6/30/24
Fund 009 - COMMUNITY CENTER FUND Total: 7.85
Fund: 016 - SWIM POOL FUND
TRI COUNTIES BANK CARD 06/01/20224 JM GOTO 06/30/2024 TELEPHONE SERVICE 7.85 6/1/24-6/30/24
Fund 016 - SWIM POOL FUND Total: 7.85
7/3/2024 9:49:10 AM Page 8 of 12

Page 19 of 107 ends

Warrant List Payment Dates: 07/16/2024- 07/16/2024
Vendor Name Payable Number Post Date Description (Item) Amount Fund: 019 - RECREATION FUND
TRI COUNTIES BANK CARD 06/01/20224 JM GOTO 06/30/2024 TELEPHONE SERVICE 7.85 6/1/24-6/30/24
Fund 019 - RECREATION FUND Total: 7.85
Fund: 060- WATER FUND
TRI COUNTIES BANK CARD 06/01/20224 JM GOTO 06/30/2024 TELEPHONE SERVICE 137.32 6/1/24-6/30/24
Fund 060 - WATER FUND Total: 137.32
Fund: 061 - SEWER FUND
TRI COUNTIES BANK CARD 06/01/20224 JM GOTO 06/30/2024 TELEPHONE SERVICE 137.32 6/1/24-6/30/24
Fund 061- SEWER FUND Total: 137.32
Fund: 062 - REFUSE
TRI COUNTIES BANK CARD 06/01/20224 JM GOTO 06/30/2024 TELEPHONE SERVICE 78.47 6/1/24-6/30/24
Fund 062 - REFUSE Total: 78.47
Fund: 063 - AIRPORT FUND
TRI COUNTIES BANK CARD 06/01/20224 JM GOTO 06/30/2024 TELEPHONE SERVICE 1.96 6/1/24-6/30/24
TRI COUNTIES BANK CARD 06/18/2024 JW ELI KA 06/30/2024 AIRPORT GATE OPENER 59.48 CARD READER 5/18/24-
6/18/24
Fund 063 - AIRPORT FUND Total: 61.44
----
Vendor TRI COUNTIES BANK CARDMEMBER SERVICES Total: 6,321.03 Vendor: U.S BANK EQUIPMENT FINANCE
Fund: 001- GENERAL FUND
U.S BANK EQUIPMENT FIN 532389681 07/16/2024 COPIER LEASE 06/20/24 - 20.48 07/20/24
U.S BANK EQUIPMENT FIN 532389681 07/16/2024 COPIER LEASE 06/20/24 - 20.48 07/20/24
U.S BANK EQUIPMENT FIN 532389681 07/16/2024 COPIER LEASE 06/20/24- 20.48 07/20/24
U.S BANK EQUIPMENT FIN 532389681 07/16/2024 COPIER LEASE 06/20/24- 102.42 07/20/24
U.S BANK EQUIPMENT FIN 532389681 07/16/2024 COPIER LEASE 06/20/24- 20.48 07/20/24
Fund 001 - GENERAL FUND Total: 184.34
Fund: 019 - RECREATION FUND
U.S BANK EQUIPMENT FIN 532389681 07/16/2024 COPIER LEASE 06/20/24- 204.85 07/20/24
Fund 019 - RECREATION FUND Total: 204.85
Fund: 059- STORM DRAIN
U.S BANK EQUIPMENT FIN 532389681 07/16/2024 COPIER LEASE 06/20/24- 20.48 07/20/24
Fund 059 - STORM DRAIN Total: 20.48
Fund: 060- WATER FUND
U.S BANK EQUIPMENT FIN 532389681 07/16/2024 COPIER LEASE 06/20/24- 204.83 07/20/24
Fund 060 - WATER FUND Total: 204.83
Fund: 061 - SEWER FUND
U.S BANK EQUIPMENT FIN 532389681 07/16/2024 COPIER LEASE 06/20/24- 204.83 07/20/24
Fund 061 - SEWER FUND Total: 204.83
7/3/2024 9:49:10 AM Page 9 of 12

Page 20 of 107 ends

Warrant List Payment Dates: 07/16/2024-07/16/2024
Vendor Name Payable Number Post Date Description (Item) Amount 07/16/2024
Fund: 062 - REFUSE
U.S BANK EQUIPMENT FIN 532389681 COPIER LEASE 06/20/24- 07/20/24
Fund 062 - REFUSE Total:

Vendor U.S BANK EQUIPMENT FINANCE Total:
204.83
204.83
1,024.16
Vendor: VAN DE POL ENTERPRISES
Fund: 001- GENERAL FUND
VAN DE POL ENTERPRISES CL77326
VAN DE POL ENTERPRISES CL77326
VAN DE POL ENTERPRISES CL77326
06/30/2024
06/30/2024
06/30/2024

FUEL FD/PD/PW VEHICLE
06/01/2024- 06/15/2024

FUEL FD/PD/PW VEHICLE
06/01/2024-06/15/2024

FUEL FD/PD/PW VEHICLE
06/01/2024 - 06/15/2024
Fund O01 - GENERAL FUND Total:

97.77 1,573.45

78.02 1,749.24
06/30/2024
Fund: 009 - COMMUNITY CENTER FUND
VAN DE POL ENTERPRISES CL77326 FUEL FD/PD/PW VEHICLE
06/01/2024 - 06/15/2024
Fund 009 - COMMUNITY CENTER FUND Total:
248.85
248.85
FUEL FD/PD/PW VEHICLE 53.33
06/01/2024 - 06/15/2024
Fund 017- CITY WIDE LIGHTING 8& LAND Total: 53.33
06/30/2024
Fund: 017 -CITY WIDE LIGHTING & LAND
VAN DE POL ENTERPRISES CL77326
Fund: 060 - WATER FUND
VAN DE POL ENTERPRISES CL77326 06/30/2024 FUEL FD/PD/PW VEHICLE 06/01/2024 - 06/15/2024
Fund 060 - WATER FUND Total:
260.42
260.42
Fund: 061 - SEWER FUND
VAN DE POL ENTERPRISES CL77326 06/30/2024 FUEL FD/PD/PW VEHICLE 06/01/2024-06/15/2024
Fund 061- SEWER FUND Total:

Vendor VAN DE POL ENTERPRISES Total:
261.31
261.31
2,573.15

60.21 Vendor: VESTIS GROUP, INC
Fund: OO1 - GENERAL FUND
VESTIS GROUP, INC 5040330620 06/30/2024 PW DEPT OP SUPPLIESTOWELS, MOPS, MATS Fund 001- GENERAL FUND Total: 60.21

60.21 Fund: 060 - WATER FUND
VESTIS GROUP, INC 5040330620 06/30/2024 PW DEPT OP SUPPLIESTOWELS, MOPS, MATS Fund 060 - WATER FUND Total: 60.21

60.22 Fund: 061- SEWER FUND
VESTIS GROUP, INC 5040330620 06/30/2024 PW DEPT OP SUPPLIESTOWELS, MOPS, MATS Fund 061-SEWER FUND Total: 60.22
Vendor VESTIS GROUP, INC Total: 180.64
Grand Total: 238,027.20
7/3/2024 9:49:10 AM Page 10 of 12

Page 21 of 107 ends

Warrant List Payment Dates: 07/16/2024 - 07/16/2024
Report Summary
Fund Summary
Fund Payment Amount
001- GENERAL FUND 48,838.83
009- COMMUNITY CENTER FUND 265.37
010-GAS TAX 2105 FUND 1,109.42
016-SWIM POOL FUND 505.44
017-CITY WIDE LIGHTING & LAND 294.83
019- RECREATION FUND 221.37
020- CMAQ 123,236.44
059 -STORM DRAIN 100.25
060 - WATER FUND 10,765.06
061- SEWER FUND 34,781.97
062 - REFUSE 343.00
063 - AIRPORT FUND 1,050.68
200- REGIONAL MEASURE V 15,355.04
202 - ALT MODES MEASURE V 641.75
301- SWRCB GRANT WASTEWATER PROJ C-06-8179-11 517.75
Grand Total: 238,027.20
Account Summary
Account Number Account Name Payment Amount
001-0000-300.010 COMCAST 10,847.03
001-0000-300.014 UNWIRED 170.10
001-0000-300.016 555 WALLIS LOT SPLIT C 855.53
001-0000-300.017 GUSD FIBER 340.20
001-0000-300.018 KATAKIS 18,688.95
001-0110-520.010-00 DEPT OPERATING SUPPL 5.40
001-0120-520.010-00 DEPT OPERATING SUPPL 898.45
001-0120-530.011-00 TELEPHONE & INTERNET 2.10
001-0120-530.090-00 MEMBERSHIPS/SUBSCRI 977.00
001-0120-530.091-00 MEETINGS & TRAINING 3,233.47
001-0120-530.201-00 OTHER CONTRACT SERVI 20.48
001-0120-540.039-00 MAINTENANCE CONTRA 2,392.44
001-0120-700.000-00 CAPITAL IMPROVEMENT 2,677.10
001-0140-520.010-00 DEPT OPERATING SUPPL 178.28
001-0140-530.011-00 TELEPHONE & INTERNET 2.10
001-0140-530.090-00 MEMBERSHIPS/SUBSCRI 19.99
001-0140-530.201-00 OTHER CONTRACT SERVI 20.48
001-0142-530.011-00 TELEPHONE & INTERNET 2.10
001-0142-530.091-00 MEETINGS & TRAINING 175.08
001-0142-530.201-00 OTHER CONTRACT SERVI 20.48
001-0150-520.040-00 FUEL 97.77
001-0150-530.011-00 TELEPHONE & INTERNET 2.10
001-0210-520.010-00 DEPT OPERATING SUPPL 27.02
001-0210-520.040-00 FUEL 1,573.45
001-0210-530.011-00 TELEPHONE & INTERNET 420.68
001-0210-530.072-00 OTHER EQUIPMENT REP 1,510.31
001-0210-530.090-00 MEMBERSHIPS/SUBSCRI 2,399.00
001-0210-530.201-00 OTHER CONTRACT SERVI 102.42
001-0210-540.039-00 MAINTENANCE CONTRA 587.02
001-0220-520.040-00 FUEL 78.02
001-0410-530.011-00 TELEPHONE 2.10
001-0410-530.201-00 OTHER CONTRACT SERVI 62.43
001-0460-530.0121-00 TELEPHONE 2.10
001-0460-530.201-00 OTHER CONTRACT SERVI 20.48
001-0610-520.010-00 DEPT OPERATING SUPPL 344.46
001-0610-520.030-00 MOTOR VEHICLE EXPEN 80.61
001-0610-530.011-00 TELEPHONE 2.10
009-0150-520.010-00 DEPT OPERATING SUPPL 8.10
7/3/2024 9:49:10 AM Page 11 of 12

Page 22 of 107 ends

Warrant List
Account Summary
Account Number Account Name
009-0150-520.040-00 FUEL
009-0150-530.011-00 TELEPHONE
010-0310-530.009-00 OTHER PROFESSIONALS
010-0310-530.201-00 OTHER CONTRACT SERVI
016-0613-520.010-00 DEPT OPERATING SUPPL
016-0613-520.013-00 CONCESSION SUPPLIES
016-0613-530.011-00 TELEPHONE
016-0613-540.030-00 MACHINERY & EQUIP ME
017-0270-530.009-00 OTHER PROFESSIONALS
017-0610-520.040-00 FUEL
019-0613-520.010-00 DEPT OPERATING SUPPL
019-0613-530.011-00 TELEPHONE
019-0613-530.201-00 OTHER CONTRACT SERVI
020-0310-530.001-00 ENGINEERING
020-0310-530.010-00 HWY 33/140 ROUNDAB
059-0730-520.010-00 DEPT OPERATING SUPPL
059-0730-530.009-00 OTHER PROFESSIONALS
059-0730-530.201-00 OTHER CONTRACT SERVI
060-0710-520.010-00 DEPT OPERATING SUPPL
060-0710-520.040-00 FUEL
060-0710-530.009-00 OTHER PROFESSIONALS
060-0710-530.011-00 TELEPHONE
060-0710-530.201-00 OTHER CONTRACT SERVI
060-0710-540.020-00 OTHER IMPROVEMENTS
061-0520-520.010-00 DEPT OPERATING SUPPL
061-0520-520.040-00 FUEL
061-0520-530.009-00 OTHER PROFESSIONALS
061-0520-530.011-00 TELEPHONE
061-0520-530.201-00 OTHER CONTRACT SERVI
061-0520-540.020-00 OTHER IMPROVEMENTS
062-0510-520.000-00 OFFICE SUPPLIES
062-0510-530.011-00 TELEPHONE & INTERNET
062-0510-530.201-00 OTHER CONTRACT SERVI
063-0340-530.011-00 TELEPHONE
063-0340-530.090-00 MEMBERSHIPS/SUBSCRI
063-0340-700.000-00 CAPITAL IMPROVEMENT
200-1080-550.1O6-00 CONTRACT SERVICES-H
202-0310-530.009-00 OTHER PROFESSIONALS
301-0520-530.009-00 OTHER PROFESSIONALS
Grand Total:

Project Account Summary
Project Account Key
None
Grand Total:
7/3/2024 9:49:10 AM
Payment Dates: 07/16/2024 - 07/16/2024
Payment Amount
248.85

8.42 340.18
769.24

5.40 123.93

8.42 367.69
241.50

53.33 8.10

8.42 204.85
39,779.41
83,457.03

40.52 39.25

20.48 3,888.27
260.42
6,141.83
147.24
204.83
122.47
1,457.42
261.31
3,276.19
147.24
29,517.33
122.48

54.03 84.14
204.83

2.10 59.48
989.10
15,355.04
641.75
517.75
238,027.20
Payment Amount
238,027.20
238,027.20

Page 12 of 12 ends
Page 23 of 107 ends

TREASURER'S REPORT
Month Ending June 30, 2024
Balance Balance
Accounts Beginning of Month Deposits Withdrawals End of Month State of California Local Agency $ 5,384,996.06 $ $ $ 5,384,996.06 Investment Fund General Checking Account $ 7,828,128.28 $ 1,010,101.50 $ 951,662.42 $ 7,886,567.36 Payroll Account $ 531,313.38 $ 197,477.41 $ 176,171.92 $ 552,618.87 Total Cash and Investments $ 13,744,437.72 $ 1,207,578.91 $ 1,127,834.34 $ 13,824,182.29 (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:

2.45 ilk. none. ore«or

Page 24 of 107 ends

ITEM NO.5

COUNCIL AGENDA ITEM
JULY 16, 2024
PREPARED BY: Jenny Morrison, Finance Director
SUBJECT: Approve a Resolution Updating Authorized Representatives with Local Agency Investment Fund (LAIF)

BACKGROUND/DISCUSSION
Local Agency Investment Fund (LAIF) requires a specific resolution from the City that authorizes the signatory personnel to make deposits and withdraws from the LAIF account. Current contacts for the City are far outdated.

In accordance with Council's direction at their meeting on May 21, 2024 to deposit additional monies in the City's LAIF account, this action by the Council is required

FISCAL IMPACT
None.

RECOMMENDATION
Staff recommends Council approve a resolution updating City signatory personnel on the LAIF account.

EXHIBIT(S)
A) Resolution
APPROVED BY: _
Soknirorn Than, City Manager

Page 25 of 107 ends

RESOLUTION 2024-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE

AUTHORIZING LOCAL AGENCY SIGNATORY PERSONNEL TO ALLOW INVESTMENT OF MONIES IN THE

LOCAL AGENCY INVESTMENT FUND
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City Council hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the City of Gustine; NOW THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the deposit and withdrawal of City of Gustine monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.

BE IT FURTHER RESOLVED, by the City Council of the City of Gustine:

Section 1. The following City of Gustine officers holding the title(s) specified herein below or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:

Soknirorn Than - City of Manager
Jenny Morrison -- Finance Director
Pat Nagy- Mayor
Rich Ford - Mayor Pro Tern
Section 2. This resolution shall remain in full force and effect until rescinded by City Council by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer's Office.

THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed at a regular meeting held on the 16 day of July, 2024, the resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Page 26 of 107 ends

ATTEST:

Melanie Correa, Deputy City Clerk
City of Gustine
APPROVED:

Pat Nagy, Mayor
City of Gustine

Page 27 of 107 ends

ITEM NO. 6

COUNCIL AGENDA ITEM
JULY 16, 2024
PREPARED BY: Melanie Correa, Administrative Services Director SUBJECT: Employee Contract and Amendment between City of Gustine and Public Works Supervisor and Chief of Police

BACKGROUND/DISCUSSION
The City engages certain classifications through employment contracts, as opposed to through a collective bargaining agreement. Contracted employees are generally with those classifications that are deemed exempt in accordance with the regulations imposed by the Department of Industrial Relations.

Employee contracts between the City and its Chief of Police, as well as its Public Works Supervisor were set to expire on June 30, 2024. As such, staff engaged in the negotiations process with both employees separately. As a result of those negotiations, staff has developed a one-year amendment to the Chief of Police employment contract (Exhibit A) and a new two-year employment contract for Public Works Supervisor (Exhibit BJ.

The first amendment to the Chief of Police contract allows for an updated term through June 30, 2025, and includes a 2% cost of living adjustment effective on either the day after the last day of employment of the current Acting Chief of Police, or on October 15, whichever occurs first.

The contract for Public Works Supervisor modified the original employment contract set to expire on June 30, 2024, accommodating the three amendments made in 2021, 2022 and 2023. The proposed new contract (Exhibit B) includes cost of living adjustments for each year of the two-year contract - 6.5% the first year, and 3% the second year. The contract also allows for a technology stipend for cell phone and includes language delineating maximum vacation accrual amounts.

FISCAL IMPACT
As negotiations began prior to the FY25 budget adoption, fiscal impacts associated with the amendment and employment contract have been accounted for within the adopted FY 24/25 financial budget. Employee salary and additional stipends are allocated across the classifications payroll split.

RECOMMENDATION
Approve the following:

First Amendment to Employment Contract for Chief of Police - Employment Contract for Public Works Supervisor

Page 28 of 107 ends

EXHIBIT(S)
A) First Amendment to Employment Agreement -- Chief of Police B) Employment Contract - Public Works Supervisor
7»A)
APPROVED: '
Soknirorn Than, City Manager

Page 29 of 107 ends

Police Chief
First Amendment to Employment Agreement
City of Gustine
This AMENDMENT to Employment Agreement ("Amendment") is made and entered into this day of July 2024 by and between the City of Gustine, County of Merced, State of California, a municipal corporation (hereinafter referred to as the "City") and Ruben Chavez (hereinafter referred to as "Employee").

RECITALS
A. Whereas on March 18, 2020, the City and Employee entered into that certain Employment Agreement ("Agreement") to retain the services of Employee as Police Chief for the City, the term of which commenced on March 18, 2020; and
B. Whereas, the Agreement provides, among other things, for a specific term; and
C. Whereas, the City Manager and Employee desire to extend the term of the Agreement, for an additional year, concluding on June 30, 2025.

NOW THEREFORE, THE CITY AND EMPLOYEE HEREBY AGREE AS FOLLOWS:

1. Section 2(b) (Term) is hereby amended to provide as follows:

This amendment shall become effective from July __ , 2024, until June 30, 2025 or until terminated by either party in accordance with the Agreement.

2. Section 4(b) l (Salary and Benefits) is hereby established to read as:

The annual base salary shall increase by 2%, to reflect an annual salary amount of $113,720 effective at the occurrence of one of the following events, whichever occurs first:
l. The day after the last day of employment of an Acting Police Chief; or

2. October 15, 2024

3. Except as otherwise specifically set forth herein, the balance of the Agreement shall remain in full force and effect.
1

Page 30 of 107 ends

IN WITNESS WHEREOF, each of the parties have caused this First Amendment to be executed as of the date set forth above.

CITY MANAGER
Soknirorn Than
2 EMPLOYEE
Ruben Chavez

Page 31 of 107 ends

PUBLIC WORKS SUPERVISOR

EMPLOYMENT AGREEMENT

CITY OF GUSTINE
This Employment Agreement ("Agreement"), made and entered into this July __ , 2024, by and between the City of Gustine, a California municipal corporation, ("City" or "Employer") and Dennis Castro ("Employee"), an individual, both of whom agree as follows:

Section 1. Appointment; Duties and Authority
A. City agrees to employ Employee as Public Works Supervisor, to perform the functions and duties specified in the job description and the Gustine Municipal Code (if applicable), and to perform other legally permissible and proper duties and functions. Employee's appointment is "at will," meaning that the employment can be terminated at any time, with or without cause. Employee serves at the pleasure of the City Manager.

B. Employee agrees to maintain any licenses or certifications required by Employee's job description.

Section 2. Hours of Work
The Employee as Public Works Supervisor is an exempt position, and Employee is expected to engage in those hours of work necessary to fulfill the obligations of the position.

Employee must be available to other staff and members of the public during City's regular hours of business, and generally, Employee is expected to be working during such regular hours of business. Employee's position also requires frequent time worked outside of customary business hours (e.g. to attend City Council meetings or other functions on City's behalf). As such, Employee's daily and weekly work schedule will vary in accordance with the work to be performed an in accordance with specific direction provided by the Public Works Director.

Section 3. Performance Evaluation
The Public Works Director shall conduct an annual evaluation of Employee's performance on a date agreed by Public Works Director and Employee, but not later than May 30" of each year.

The evaluation process shall include a written evaluation, as well as a meeting to discuss the evaluation and to provide direction and feedback. Progress on achieving established goals will inform any additional discretionary compensation adjustments during the term of this agreement.

Section 4. Compensation
A. City agrees to pay Employee according to the following salary schedule:

As of the date of this contract, the employee will be compensated as follows:

1. Effective the date of this contract, the employee will receive a 6.5% cost of 28859.00009 29253296.I

Page 32 of 107 ends

living salary adjustment; building on the employees preceding annual salary effective July 1, 2023 ($66,157), increasing the annual salary amount to $70,457.

2. Effective on July 1, 2025, the employee will receive a 3% cost of living salary adjustment, increasing annual salary to $72,571.

B. Salary changes approved for and applied to any other employees of City shall not be. applied to Employee unless the City Council expressly provides that they shall apply. Any salary increase shall be contingent on the Public Works Director's positive evaluation of Employee's performance described in this Agreement.

C. Employee shall be paid at the same intervals and in the same manner as other management employees, and all wage payments are subject to applicable payroll taxes and withholdings.

Section 5. Health, Disability and Life Insurance Benefits Upon execution of this agreement, the City will make available to the Employee the same benefits granted to the Gustine Public Works Association with respect to health insurance, Employee Assistance Program, and CalPERS benefits; such benefits shall include Employee paying any applicable Employee portions thereof, in the amounts paid by the members of the Gustine Public Works Association.

Should the employee not participate in the health care plan, then the City shall pay the Employee $100.00 (one hundred dollars) per month to obtain their own health insurance. The parties expressively agree that this $100.00 is in addition to, and not part of, the employee's compensation provided in this Agreement. Employee is responsible for providing proper proof of coverage in accordance with the law.

Section 6. Holidays, Vacation, Sick, and Administrative Leave A. Sick Leave. Employee shall accrue sick leave at the rate of eighty (80) hours per year, accrued at even intervals bi-weekly. Employee may use paid sick leave in accordance with the City's sick leave policy, for those purposes specified in City policy and the California Labor Code. Sick leave is not eligible for cash-out at any time, and any remaining accrued sick leave at such time of Employee's retirement from City service will be governed by the then-existing City contract with CalPERS.

B. Vacation. Employee shall accrue vacation leave at the rate of eighty (80) hours per year, accrned at even intervals bi-weekly. Upon the Employee achieving five (5) years of full time service with the Employer, Employee will accrue vacation at the rate of one hundred twenty (120) hours per year, accrned at even intervals bi-weekly.

Maximum vacation accrual shall be at 360 hours (9 weeks). Vacation accrued in excess of the 360 hours must be used within 90 days of such accrual or will be forfeited. The City 2 28859.00009 29253296.1

Page 33 of 107 ends

Manager, upon recommendation of the Public Works Director, may approve exceptions to this rule, in writing. If, at the end of this period, the employee is still unable to use vacation accruals due to departmental staffing needs, the City shall pay all hours in excess of360 at the employee's hourly base rate.

If the employee does not request vacation during the six-month period following the accumulation of 360 hours, and is unable to justify the failure to request vacation, the employee shall not continue to accrue hours and shall not be paid for the accumulated hours in excess of 360.

The decision will determined by the City Manager.

C. Holidays. Employee shall be entitled to those paid holidays recognized by the City for employees subject to the Gustine Public Works Association. Employee is further granted the same annual floating holiday leave benefits as granted to the members of the Gustine Public Works Association.

D. Administrative Leave. Employee shall receive an annual amount of fifty six (56) hours administrative leave accrued at even intervals bi-weekly. The City and Employee agree that Employee shall have no vested right to unused portions of this administrative leave.

Section 7. Education Incentive.

A. Employee shall be eligible to tuition assistance for reimbursement of educational costs for classes or courses to obtain a Water Distribution Certification 1 designation.

Reimbursement shall be paid at 50% of the cost of tuition, books and materials as submitted with receipts, not to exceed $1,500 in a fiscal year (July I to June 30).

Section 8. Cell Phone
Employee shall receive a technology stipend of$ I 00.00 per month to compensate for the use of his personal cell phone for City business.

Section 9. Retirement
City provides retirement benefits through the California Public Employees Retirement System ("CalPERS"). As a CalPERS "non-classic" member, Employee's retirement benefit is based on a 2%@ 62 formula with the highest three-year average. Employee pays the 8% employee retirement contribution.

Section 10. Term
The term of this Agreement shall be for the period from July 1, 2024 through June 30, 2026 unless terminated earlier by either party as provided herein.

Section 11. Termination,
A. Termination By City. Employee understands and agrees that Employee has no constitutionally protected property or other interest in Employee's City employment. Employee 3 28859,0000929253296.

Page 34 of 107 ends

understands that the City Manager may terminate Employee's employment at any time without cause. In the event that Employee is terminated by the Employer, and Employee is otherwise ready, willing and able to perform their duties under this Agreement, the City shall not pay any severance.

Employee agrees that they shall not be entitled to any other payment or compensation of any kind from Employer in connection with termination of their employment, with the exception of any accrued unused leave and other such benefits as may be due and payable under applicable City rule, regulation or policy, and/or applicable local, state or federal law.

B. Termination at the Request of Employee. It is the Employees intention, and the Employer's understanding, that Employee will not look for other employment and remain employed with the City during the term of this Agreement. However, the Employee may voluntarily terminate employment at any time by giving not less than thirty (30) days' written notice. In the event that the Employee provides such written notice, they shall be entitled to receive at the termination of this employment only such accrued unused leave and other such benefits as may be due and payable under applicable City rule, regulation or policy, and/or applicable local, state or federal law. Employee shall not be entitled to any severance pay or other compensation at the termination of their employment. During the period subsequent to Employee's submission of their notice terminating their employment, they shall continue to perform their duties as Public Works Supervisor unless removed from those duties and/or terminated by the Employer pursuant to the terms of this Agreement. In the event that Employee is then removed from those duties by the Employer, Employee shall continue to receive compensation in the form of salary and benefits through the completion of the thirty (30) day notice period, unless they are terminated for cause as set for in sub-section C of this Section.

C. Termination by Employer for Cause. Employer may terminate Employee's employment for cause. In the event the Employee is terminated for cause, they shall not be entitled to the payment of any severance pay or compensation, other than the payment of accrued and unused leave and other such benefits as may be due and payable under applicable City rule, regulation or policy, and/or applicable local, state or federal law. In the event that Employee is terminated for cause, Employee shall be entitled to prior written notification of the reason(s) for the termination, the facts upon which such reason(s) are based, copies of all of all supporting evidence and investigations regarding the facts and reason(s) for the termination, and the right to respond, orally or in writing or both, to the City Manager within five (5) working days of receipt of the notice of such termination. Furthermore, if requested by Employee, Employee shall have the right to a hearing before City Council, which shall be a heating de nova. In the event the decision to terminate for cause is reversed by the City Council and the City Manager terminates the Employee's employment without cause, the terms of.

Section 12. Severance
A. In the event that the Agreement is terminated as outlined in sub-section A of Section l l of this Agreement, the Employee is not entitled to any severance compensation.

Section 13. Indemnification
City shall indemnify and defend Employee in accordance with the California Government 4 28859.00009·29253296.I

Page 35 of 107 ends

Claims Act. City's obligation to defend and indemnity Employee shall extend only to the entry of a final judgment by the trial court, and shall not extend to providing defense or indemnity in connection with an appeal of the judgment, except as otherwise specifically required by law. City will determine, in its sole discretion, whether to compromise and settle any such claim or suit against Employee, as well as the amount of any settlement or judgment rendered thereon.

Section 14. Notices
Notice pursuant to this Agreement shall be given by personal service, by overnight delivery service ( e.g. Federal Express), or by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows:

Employer:

Employee:

City of Gustine
352 Fifth Street
Gustine, CA 95322
Attn: City Manager
Dennis Castro
Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission by overnight delivery or by the United States Postal Service.

Section 15. General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding between City and Employee. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written Agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement.

B. Binding Effect. This Agreement shall be binding on City and Employee and shall not be assignable or transferable, in whole or in part, by either party. Any such purported transfer or assignment shall be null and void.

C. Effective Date. This Agreement shall become effective on July 1, 2024.

D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision.

E. Statutory Requirements. This Agreement shall be deemed to incorporate by 5 28859.00009 29253296.1

Page 36 of 107 ends

reference the provisions of Sections 53243 et seq. of the Government Code, as it may be amended or renumbered.

F. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Employee and City agree that venue for any dispute shall be in Merced County, California.

G. Representation by Counsel. The parties acknowledge and agree that they were, or had the opportunity to be, represented individually by legal counsel with respect to the matters that are the subject of this Agreement and that they are fully advised with respect to their respective rights and obligations resulting from signing this Agreement.

H. Waiver. Any failure of a party to insist upon strict compliance with any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the parties.

IN WITNESS WHEREOF, the parties have executed this Agreement on July __ , 2024.

CITY OF GUSTINE
By: _
Soknirorn Than
City Manager
28859.00009\29253296.1
6 EMPLOYEE:

By: _
Dennis Castro
Public Works Supervisor

Page 37 of 107 ends

ITEM NO. 7

COUNCIL AGENDA ITEM
JULY 16, 2024
PREPARED BY: Melanie Correa, Administrative Services Director SUBJECT: Council Approval of Updated Gustine Employee Salary Schedule

BACKGROUND/DISCUSSION
The City engages certain classifications through employment contracts, as opposed to through a collective bargaining agreement. Employment contracts between the City and its Chief of Police and Public Works Supervisor were slated for expiration on June 30, 2024.

Staff engaged in negotiations with both employees separately, and contingent upon City Councils approval of the preceding item on the consent calendar updates to the Gustine Employee Salary Schedule are necessary.

Updates to the existing employee salary schedule are highlighted in red for ease of identification and comparison. Approval of this item by City Council formalizes the salary schedule for use and reference by the California Public Employee Retirement System.

FISCAL IMPACT r
There is no fiscal impact in approval and adoption of this item. Fiscal impact resulting from the salary adjustments is accounted for within the City's adopted FY24-25 financial budget.

RECOMMENDATION
Council review and approve a resolution adopting an updated salary schedule for all employees of the City of Gustine.

EXHIBIT(S)
A) Resolution
B) Annual Salary Schedule, effective July 1, 2024
APPROVED BY: - J _
Soknirorn Than, City Manager

Page 38 of 107 ends

RESOLUTION 2024-XXXX

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

AN UPDATED GUSTINE EMPLOYEE SALARY SCHEDULE
WHEREAS, The City engages certain classifications through employment contracts, as opposed to through a collective bargaining agreement; and, WHEREAS, staff engaged negotiations with those employees whose employment contracts were coming to expire on June 30, 2024; and,
WHEREAS, as a result of those negotiations, the City's Employee Salary Schedule must be updated to memorialize negotiated salary figures; and, WHEREAS, accordance with Public Employees Retirement law (PERL) and the Public Employees' Pension Reform Act of 2013 (PEPRA) the California Public Employees Retirement System determines earnable and pensionable compensation in accordance with amounts identified on publicly available pay schedules; and WHEREAS, Council action is required to formalize the employee salary schedule adoption; and,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Gustine adopts the attached Gustine Employee Annual Salary Schedule effective July 1, 2024.

THE FOREGOING RESOLUTION of the City Council of the City Gustine was passed by the City Council at a noticed regular meeting held on the 16 day of July 2024, 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

Page 39 of 107 ends

Account Clerk
Accounting Technician
Administrative Assistant
Administrative Services Director
City Manager
Community Services Officer
Custodian
Economic/Community Development Director
Finance Director
Maintenance Worker
Police Chief
Police Officer
Police Sergeant
Public Works Director
Public Works Supervisor
Records Clerk
Recreation Manager
Wastewater Operator
Water Distribution Operator
• Based on employment agreement.

Public Works Utilities Project Consultant
Lifeguard I
Lifegguard II
Lead Lifegaurd

CITY OF GUSTINE

ANNUAL SALARY SCHEDULE
Effective July 1, 2024
Adopted July 16, 2024
Annual Amounts

A B C D E F
$44,182 $46,391 $48,711 $51,147 $53,704 $56,389
$48,140 $50,549 $53,075 $55,728 $58,514 $61,440
$46,593 $48,921 $51,368 $53,936 $56,633 $59,465
$85,000° N/A N/A N/A N/A $90,177
$144,348 N/A N/A N/A N/A $156,249°
$45,244 $47,507 $49,881 $52,375 $54,994 $57,744
$43,531 $45,709 $47,994 $50,394 $52,913 N/A
$82,000 N/A N/A N/A N/A $86,994°
$88,000° N/A N/A N/A N/A $99,564°
$43,552 $45,731 $48,018 $50,416 $52,938 N/A
$103,000° N/A N/A N/A N/A $113,720°
$61,175 $64,233 $67,445 $70,817 $74,358 N/A
$77,359 $81,228 $85,290 $89,556 $94,033 N/A
$88,000° N/A N/A N/A N/A $99,045
$64,230° N/A N/A N/A N/A $72,571
$50,136 $52,643 $55,275 $58,039 $60,941 $63,988
$47,928° N/A N/A N/A N/A $51,834
$54,191 $56,900 $59,746 $62,732 $65,869 N/A
$46,075 $48,379 $50,798 $53,337 $56,005 N/A
Hourly Consultants
$68.00/hour •• Limited duration based on employment contract.

Seasonal Employees
$16.00/hour ••• Current CA Minimum Wage
$17.00/hour
$19.00/hour

Page 40 of 107 ends

ITEM NO. 8

COUNCIL AGENDA ITEM
JULY 16, 2024
PREPARED BY: Soknirorn Than, City Manager
SUBJECT: Cancellation of Regular City Council Meeting Scheduled for August 6, 2024 Due to Summer Recess

BACKGROUND
The City Council has been in continuous session since January. During this time, Council members and staff have actively participated in deliberations, community engagement, and policy-making efforts critical to the City's governance. The workload and responsibilities inherent in these activities necessitate periodic breaks for both staff and Council members. In fact, many jurisdictions have chosen the month of July or August to schedule this recess, MCAG holds a "dark month" each September for similar reasons.

DISCUSSION
The purpose of a recess is to allow Council members to spend dedicated time with constituents and address local issues. This recess also provides an opportunity for Council and staff to catch up on administrative tasks and prepare for upcoming sessions.

Specifically, for this Fiscal Year (FY 25), there are significant increases in projects as well as recruitments. Since the budget was adopted, staff has been working diligently to procure new equipment, vehicles, and solicit contracts for various projects, making the months of July and August a critical period for staff to roll out work plans and implementation schedules. Secondly, staff is also working on closing out Fiscal Year 2024, which involves various account reconciliations, adjustments, and reporting.

The proposed recess is recommended for the first regular Council meeting in August (8/6/2024), selected to minimize disruption to scheduled Council activities while providing time for Council members and staff to focus on community needs.

During this period, City services will continue as normal. Administrative staff will remain available to handle routine inquiries and urgent matters. Precautions will be taken to ensure that any time-sensitive legislative or regulatory actions are addressed appropriately before the recess begins.

FISCAL IMPACT
There is no fiscal impact to this action.

RECOMMENDATION
It is recommended that the City Council approve a summer recess and cancel the August 6, 2024 regular council meeting.

Page 41 of 107 ends

ITEM NO. 9

COUNCIL AGENDA ITEM
JULY 16, 2024
PREPARED BY: Jenny Morrison, Finance Director
SUBJECT: Direct Staff to Send out Warrant Checks prior to August 20, 2024 Meeting

BACKGROUND/DISCUSSION
Contingent upon Council's approval of the preceding item on the consent calendar, the August 6t Council meeting may be cancelled to allow for a summer recess period.

The next regularly schedule Council meeting will be held on August 20, 2024. During the recess, the City will still have bills that must be paid in order for the continuance of business.

Towards that effect, staff requests Council's direction to send out payments for bills in advance of the August 20, 2024 Council meeting. Staff will mail out the checks ahead of the meeting with any warrant issued between July 17 through August 20 to be listed on the warrant list published in the August 20 agenda packet to be ratified by Council as normal.

FISCAL IMPACT
None. The action is expected to save the City money from potential late fees on City accounts.

RECOMMENDATION
Direct staff to send out payments in advance of the August 20th meeting and include those payments on the Warrant List for that same meeting.

EXHIBIT(S)
None
APPROVED BY:
-) _
Soknirorn Than, City Manager

Page 42 of 107 ends

ITEM NO. 10

COUNCIL AGENDA ITEM
JULY 16, 2024
PREPARED BY: Soknirorn Than, City Manager
SUBJECT: Resolution Accepting Completion for the Gustine Aquatic Center Pool Resurfacing Project, Authorizing the City Clerk to file a Notice of Completion with Merced County, and Authorizing the City Manager to Make Final Payment of Retention to Burkett's Pool Plastering, Inc.

BACKGROUND/DISCUSSION
In October 2023, the City Council awarded a contract to Burkett's Pool Plastering, Inc. to resurface the Gustine Aquatic Center. The project commenced in Spring 2024 with the permitting phase per the Merced County Department of Health.

The construction phase of the project began in late Spring 2024 and was completed in May. During construction, staff and the contractor uncovered pre-existing code compliance issues that were later addressed and were brought up to the current codes.

This resulted in the issuance of Change Order No. l. The total for this change order was $16,700.00, which included the following:
• Replacement of existing entry steps and reinstallation per the current code • Repair existing expansion joints underneath the plastered surface • Remove and replace existing depth markers and install per the current codes On April l 6, 2024, staff brought forward Change Order No. 2, which was to replace the existing ADA Chair Lift. This change order was approved with an additional expenditure of $10,900.00, bringing the total contract amount to $195,300.00 In late May, a final inspection was performed and the work was found to be in compliance with the contract document and received a final approval from the Merced County Department of Health. Therefore, staff would like to bring this project forward for City Council acceptance and to file a Notice of Completion with Merced County. If no claims are filed within 35 days after recordation, the retention in the amount of $9,765.00 will be paid to Burkett's Pool Plastering, Inc.

FISCAL IMPACT
The final construction contract cost inclusive of all authorized work was $195,300.00.

Funding of this project was allocated from the Utility User Tax (Fund 002).

A summary of contract costs are as follows:

PROJECT COST SUMMARY
Original Contract Award
Change Order No. 01
Change Order No. 02
Final Contract Price
$
$
$
$
167,700.00
16,700.00
10,900.00
195,300.00

Page 43 of 107 ends

RECOMMENDATION
Staff recommends Council adopt the resolution to:

A. Accept the construction of the Gustine Aquatic Center Resurfacing Project as completed; and
B. Authorize the City Clerk to file the Notice of Completion with the Merced County Recorder; and
C. Authorize the City Manager to release the five (5) percent retention after the thirty-five (35) day period from the date of filing the Notice of Completion with the County Recorder.

EXHIBIT(S)
A) Resolution
B) Notice of Completion

Page 44 of 107 ends

RESOLUTION 2024-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE ACCEPTING THE GUSTINE

AQUATIC CENTER POOL RESURFACING PROJECT, AUTHORIZING THE CITY CLERK TO

RECORD A NOTICE OF COMPLETION WITH MERCED COUNTY, AND AUTHORIZING THE CITY

MANAGER TO MAKE FINAL PAYMENT OF RETENTION MONIES TO BURKETT'S POOL PLASTERING, INC.

WHEREAS, the City Council of the City of Gustine awarded a contract to Burkett's Pool Plastering, Inc. in the amount of $167,700.00 in October, 2023; and WHEREAS, two Change Orders were formally approved in the amounts of $16,700 and $10,900 respectively, bringing the total approved contract cost to $195,300.00; and WHEREAS, staff and Merced County Department of Health have completed a final inspection of the Project and recommend final acceptance; and WHEREAS, upon approval of the final acceptance of the Project by the City Council, the City Clerk will record a Notice of Completion with Merced County and the City Manager will release the retention monies due the Contractor 35 days after the recording date.

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

Section 1. Adopts this Resolution accepting the construction of the Gustine Aquatic Center Resurfacing Project as completed.

Section 2. Authorizes the City Clerk to record a Notice of Completion with Merced County.

Section 3. Authorizes the City Manager to make final payment of retention monies in the amount of $9,765.00 to Burkett's Pool Plastering, Inc.

THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed by the City Council at a regular meeting held on the 16 day of July, 2024, and the resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Page 45 of 107 ends

ATTEST:

Melanie Correa, Deputy City Clerk
City of Gustine
APPROVED:

Patrick Nagy, Mayor
City of Gustine

Page 46 of 107 ends

RECORDING REQUESTED BY:

City Clerk
City of Gustine
WHEN RECORDED RETURN TO:

City of Gustine
P.O. Box#16
352 Fifth Street
Gustine, CA 95322

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:

NAME
City of Gustine
STREET AND NO.
352 Fifth Street
CITY
Gustine
STATE
California
(if more than one owner of the interest stated, the name and address of each must be inserted)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.

4. That on the 16th day of July, 2024 a work of improvement on the real property hereinafter described was completed.

5. That the name of the original contractor, if any for such work of improvement was:

Burkett's Pool Plastering, Inc.
(If no contractor for work of improvement as a whole, insert "No Contractor")

6. That the real property herein referred to is situated in the City of Gustine, County of Merced, State of California, and is described as follows:

Gustine Aquatic Center Pool Resurfacing Project
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

July 16, 2024
Date
By:

Signature of Owner
Soknirorn Than
Print Name

VERIFICATION
I understand, state:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed at Gustine, California
This 2nd day of May 2023.

By:

City of Gustine
Owner
Soknirorn Than, City Manager

Page 47 of 107 ends

ITEM NO. 11

COUNCIL AGENDA ITEM
JULY 16, 2024
PREPARED BY: Soknirorn Than, City Manager
SUBJECT: Gustine Historical Society Mural Pilot Program at the Al Goman Community Center

BACKGROUND
A proposal for a mural was submitted by Gustine Historical Society in May 2024. The mural is proposed for installation on the east wall of the Al Goman Community Center located at 745 Linden Avenue, Gustine, CA 95322.

The City has no formal policy or program in place related to mural installation.

Therefore, each request for installation must come before City Council for review and approval. For this reason, this request will be used as a pilot for City evaluation and for City Council to determine if a formal policy or program is warranted.

DISCUSSION
Within the last couple of years, the Gustine Historical Society (GHS) has toured other cities in California to look for ways to promote community engagement and historical values through art works. Through this journey, GHS has seen many murals in communities that promote these values. In early 2024, GHS engaged City staff in evaluating options to pilot a mural within the City of Gustine.

As the City has limited real estate within the core downtown area, the Al Goman Community Center presents a unique opportunity. This center is located within Harry Schmidt Park and along a well-used Class I Multi-Use Trail. With this as a potential site, GHS has engaged an artist named Alexandra Riddle, who also painted the mural in the City of Gustine Council Chamber.

With the Artist determined, GHS conducted multiple board meetings to determine the theme as well as other logistics related to installation. Since the mural will serve as a cultural landmark for the City, GHS would like to present their draft artwork and solicit input from City Council prior to installation.

In the meantime, staff has conducted research on various mural programs within other agencies. Since the City does not have a formal policy or program in place, staff recommends the City Council allow the installation of this mural as a pilot program.

Staff is proposing to allow this installation through an encroachment permit. The specific conditions for this installation are attached as Exhibit B. These conditions of approval are a combination of best practices from various jurisdictions in California and are meant to limit the City's liability while clearly outlining expectations for the permittee, GHS.

Page 48 of 107 ends

FISCAL IMPACT
There is no fiscal impact to this action, as this is a community project meant to promote community engagement; staff recommends Council waive the encroachment permit fee associated with this project. Per the permit conditions, City maintenance responsibilities remain unchanged and that maintenance of the mural beyond the normal clean-up is the responsibility of the permittee, GHS.

RECOMMENDATION
Staff recommends the City Council to take the following actions:
- Receive public comment
Review and consider approving proposed art work for mural installation on the east wall of the Goman Center
- Authorize the City Manager to issue an encroachment permit for the installation of the mural with the associated conditions of approval - Waive the encroachment permit fees for this project

EXHIBIT(S)
A) Proposed art work
B) Draft permit conditions of approval

Page 49 of 107 ends

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City of Gustine I Public Works Department
Mural Permit General Conditions of Approval
NOTE: Below are general requirements for work within all public streets, utility easement areas, and City owned properties. The Permittee also must comply with all the terms, conditions, rules, and procedures of the Encroachment Ordinance, Encroachment Agreement, and the Standard Specifications and Details ("City of Gustine Standards") of the City of Gustine.

1. Incidental Rights. The permit includes the following incidental rights to use of the Property:
a. Applicant shall adhere to all rules, regulations, and ordinance applicable to the City, including hours of use. Permittee may daily transport onto the Property, all painting materials, tools, and scaffolding which are necessary to complete the mural. At the end of each day, permittee shall remove said painting materials, tools, and scaffolding from the City right-of-way. Throughout the duration of this permit, applicant shall safeguard and maintain all painting materials, tools, and scaffolding in such a manner so that other occupants or park users are prohibited access and use of them. Permittee shall not create any dangerous condition upon the Property. Any and all employees and/or agents of permittee who are assisting permittee shall be supervised and subject to the terms of this permit. In exercising these rights, permittee must use reasonable care and may not unreasonably increase the burden on the Property

2. Permittee Responsibilities:
a. Mural must be completed by an artist with prior experience. Murals must be signed and dated.

Painting of the mural shall be supervised by the artist. Community projects must be undertaken under the direction of an experienced artist.
b. Artists is required to waive their rights of integrity to commissioned artwork as pertains to its removal or repair as set forth in the California Art Preservation Act and the Visual Artists Rights Act. c. Themes: consistent with surrounding area. Consideration will be given to themes that are of artistic expression. Themes such as nature, landscapes, or agriculture are encouraged. d. All murals must comply with City ordinances that prohibit indecency or obscenity in public. e. Not more than 1% of the mural will contain the name of a sponsor and/or sponsor product likeness.

The artist's signature shall not be more than 1% of the mural. f. Murals shall not serve as an advertisement sign in violation of City Code. g. Mural permit or approval does not warrant or guarantee that, after installation, the mural will be preserved or remain intact for the expected life span of the mural. If parties want to preserve the mural, it is their responsibility to reach an agreement regarding maintenance, and preservation with the City. Approval by the City does not constitute an indication or promise of any conservation or restoration funds from the City.
h. Maintenance: It is the responsibility of the permittee to create and maintain the mural. The City assumes that the mural will be kept in good repair with periodic maintenance to be performed by the permittee as needed. By submitting the application both the mural owner and artist agree that should the mural be defaced and not maintained in good repair, the City has the authority to paint over the mural.
i. If vandalism to the mural occurs, it is the responsibility of the City to remove graffiti within 48 hours in consistent with City ordinances and practices regarding graffiti removal (section 7-7-266). If the vandalism cannot be removed without damaging the art work, then it is the responsibility of the permittee to remove the vandalism and repair the artwork within a timely manner. City reserves the right to remove the vandalism using their standard removal techniques/materials if there is no response from the permittee.

3. Inspection. All work shall be subject to monitoring, inspection, and approval by the City as indicated on the permit.

Uninspected work shall be removed as deemed appropriate by the City Engineer. To request an inspection, call (209) 854-6471 at least two (2) working days in advance of requested inspection time. Inspection shall be scheduled Monday through Friday, except holidays, from 8:15 A.M. to 4:15 P.M.

4. Work Hours. All work in the public right-of-way is restricted to non-holiday Monday through Saturday 6:00 AM to 5:00 P.M. and No work allowed on Sunday, except as noted in the Special Provisions or Construction Guidelines for Continuing Encroachment Installations, if applicable. Work is not allowed Sundays and City holidays.

Mural Permit General Conditions of Approval Page 1 of 5 Page 68 of 107

5. Keep Permit on the Work Site. The Permittee must keep the signed permit at the worksite or on the premises of the encroachment at all times and the permit must be shown to any representative of the City or any law enforcement office on demand. WORK SHALL BE SUSPENDED IF PERMIT IS NOT AT JOB SITE AS PROVIDED.

6. Standards. Work shall be constructed in accordance with applicable ordinances, codes, and Gustine Standards and Specifications, for the City of Gustine. City of Gustine Standards can be downloaded from the City website at https://www.cityofgustine.com/files/documents/document1588011102061515.pdf

7. Stormwater Pollution Prevention Program: Per the California State Water Resources Control Board, permittee shall implement and maintain measures to keep sediment, wash waters, equipment, maintenance products, and other construction related materials and debris from entering the storm drain system. Dumping or discharging into the City's storm drain system is prohibited. Measures to protect the storm drain system shall be in place prior to start of work.

All construction activities must implement best management practices (BMPs) to prevent stormwater pollution. Applicants and/or Contractors shall determine the appropriate BMPs for the activities being performed within, or adjacent to, the City's right-of-way as part of the permitted project. Applicant shall submit a signed Stormwater Pollution Prevention Best Management Practices Checklist Acknowledgement Sheet prior to being issued an encroachment permit. Additional BMPs may be required if field conditions change or additional stormwater pollution prevention measures are required by the City.

8. Access. The Permittee shall provide access to all areas in the vicinity of the encroachment and shall provide necessary temporary sidewalk and warning signs.

9. Site Maintenance. Work areas shall be maintained in a neat, clean and safe condition at all times. Debris shall be removed daily. The site shall be treated for dust control as necessary. Dirt tracked from the work site shall be cleaned from City streets, buildings, curbs, gutters, and sidewalks. The flushing of dirt and debris to storm drain or sanitary sewer facilities is strictly prohibited. The Permittee shall employ practices that will prevent pollutants such as mud, silt, chemical residue, and washings from concrete and saw cutting from entering storm drains. The site shall be properly secured during non-work hours.

10. Staging Areas. Proposed locations of staging areas shall be approved by the City. Any staging area proposed outside of the public right-of-way shall be disallowed unless the Permittee has secured the prior written approval of the owner.

11. Notifications. The Permittee shall notify the City at least two (2) working days prior to start of work and at that time shall provide a project schedule. Permittee shall notify the Police Department if the work may impede the passage of emergency vehicles.

12. Emergency Call-out. A Permittee shall provide a 24-hour emergency telephone number on the application and shall display its company name and emergency telephone number on its barricades. Failure to respond to an incident promptly shall require corrective measures by the City, the cost of which shall be borne by the Permittee.

13. Making Repairs: In every case, the permittee shall be responsible for restoring to its former condition as nearly as may be possible any portion of the City right- of-way, which has been disturbed by permittee. The permittee shall maintain the surface over facilities placed under any permit. If the right-of-way is not restored as herein provided for, and if the City elects to make repairs, permittee agrees by acceptance of permit to bear the cost thereof.

14. Maintenance of Right-of-Way: The permittee agrees, by acceptance of a permit, to properly maintain any encroachment. This will require inspection and repair of any damage to City facilities resulting from the encroachment.

15. Clean Up Right-of-Way: Upon completion of the work, all brush, timber, scraps, material, etc., shall be entirely removed and the right-of-way shall be left in as presentable a condition as existed before work started.

Mural Permit General Conditions of Approval Page 2 of 5 Page 69 of 107

16. Hazardous Materials. The Permittee is responsible for satisfying all applicable procedures and regulations in the event hazardous materials are encountered. This includes notification to emergency phone number 911.

17. City License. Contractors and Subcontractors must obtain a City of Gustine Business License.

18. Insurance. The Permittee is responsible for furnishing a completed Certificate of Insurance with proper endorsements naming as additional insured the City of Gustine, its Officers, Officials, Representatives, Agents, Employees, and Volunteers.

19. Indemnification. To the fullest extent permitted by law, Permittee shall defend through counsel approved by City (which approval shall not be unreasonably withheld,) indemnify and hold harmless the City of Gustine, its officers, officials, representatives, agents, employees, and volunteers against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any act, errors or omissions of Permittee or Permittee's assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.

20. Permit Commencement and Duration. This Permit is valid for ninety (90) days from the date of issuance unless stated otherwise in the Additional Special Conditions of Approval. This Permit will become void if work is not begun within sixty (60) days from date of issuance. Final inspection and acceptance of work shall close this Permit.

21. Time Extension. If the completion/expiration date stated on the permit will be exceeded or has expired, a time extension request must be made notifying the City at 209-854-6471 with an anticipated completion date. Extension shall be reviewed and approved by Public Works staff. The new completion date shall be indicated on the permit.

22. One-Year Warranty. The Permittee shall assume a one (1) year warranty period from the date of acceptance for all material and workmanship for all work performed under this Permit in the City right-of-way and/or City owned properties. Between thirty (30) and forty- five (45) days after notice of completion, the Permittee shall check the works and make necessary adjustment, if any, and then call for an inspection.

23. Acceptance. The Permittee's acceptance of this Permit shall constitute acceptance of and agreement to all of the conditions and requirements of this Permit and the ordinance authorizing issuance of such permit.

Permittee's acceptance of this Permit acknowledges that it is revocable by the City of Gustine, and that upon notification of revocation Permittee shall remove the encroachment at Permittee's own expense, without cost or obligation to the City.

Permittee Name (printed) _
Permittee Signature Date
Artist Name (printed) _
A\rtistSina[UT€ Late
Mural Permit General Conditions of Approval Page 3 of 5 Page 70 of 107

WRITTEN WAIVER OF ARTISTIC RIGHTS
I, , artist of the mural painted on
_
,
_____________________ (specific surface or designation), located at in Gustine, CA on behalf of myself and my
heir(s), beneficiaries, or personal representatives hereby expressly waive any and all private or public artistic rights and protected interests, statutory or inherent, in the mural, its preservation, and protection against physical defacement, mutilation, alteration and destruction.

I hereby expressly grant to the Gustine Historical Society and the City of Gustine, its employees, contractors, and/or agents, any and all authority to physically repair, alter, or destroy the mural at any time that the Department of Parks and Recreation and/or the County of Stanislaus so chooses. This instrument shall be deemed to comply with the written requirements of California Civil Code section 987.

Date
Mural Permit General Conditions of Approval
[NAME OF ARTIST]

Page 4 of 5 ends

ITEM NO. 12

COUNCIL AGENDA ITEM
JULY 16, 2024
PREPARED BY: City Attorney, Best Best & Krieger, LLP
SUBJECT: Council Direction Regarding Potential Dispositions of City Real Property and Introduction to Disposition Procedures

BACKGROUND
The City has recently been approached by two separate and unrelated prospective purchasers seeking to purchase two separate and unrelated parcels of City real property. The two properties at issue ("Properties"} are identified in Exhibit A and Exhibit B and described below. Staff is seeking direction on whether City Council desires to dispose of the properties, and if so, whether Council has a preference on selling or leasing the properties.

The Properties
The City has been approached by two separate business owners who have inquired about purchasing two different, non-adjoining properties in town for miscellaneous uses.

The City has not previously advertised the properties for sale, and the City does not have documentation indicating whether other individuals have approached the City regarding sale of these properties in the past.

To date, the Council has not discussed whether there is a desire to retain the properties for City use in the future or to mark the properties as disposable.

Information on each of the properties is attached. The properties are APN numbers 020- 081-002 (located near the intersection of Grove Avenue and South Avenue and zoned C-2 General Commercial) and 020-260-013 (located where Jensen Road meets Highway 33 and zoned C-N Neighborhood Commercial). Both are relatively small, with the larger of the two being 0.19 of an acre. One is highway frontage and the other is immediately behind highway frontage owned by another property owner.

DISCUSSION
' Staff is seeking direction on whether Council wishes to retain the properties for potential future City use or dispose of them by sale or lease.

Future Procedures if the Council wishes to dispose of the Properties If the City Council desires to dispose of the properties, the City must comply with certain legal procedures.

The first step toward disposal would be compliance with the California Surplus Land Act

Page 72 of 107 ends

(Government Code Section 54220 et seq.) (the "Act"), which requires all local agencies to prioritize affordable housing, as well as parks and open space, when disposing of "surplus land." The Legislature updated the Act significantly in 2019 to expand its requirements. Before a local agency may dispose of land that is no longer necessary for its use, the land must be declared either "surplus land" or "exempt surplus land," as supported by written findings.

For "surplus land," the City must refrain from any early negotiations and go through a formal process to offer the land to qualifying housing and governmental entities and negotiate with responsive parties. However, the Act contains exemptions for certain types of land ("exempt surplus land") where this formal process does not apply. One such exemption applies to land that (i) is less than one-half acre in area, and (ii) is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes. It appears the properties may qualify for this exemption. If they do, the City would need to adopt a resolution in a regular public meeting declaring the properties as exempt-surplus land. The City would then need to submit this resolution to the California Department of Housing and Community Development for a 30-day review period prior to disposal. If an exemption does not apply, the City would need to undertake the lengthy ordinary surplus land procedures under the Act.

Aside from the Act, the City would also need to comply with other procedures. It is recommended that the City obtain appraisals to ensure the City receives fair value for the properties. The City would need to ensure it complies with the California Environmental Quality Act and the City's General Plan. (See Government Code section 65402.) Several of these procedures would still apply if the Council wants to lease the properties but they could be slightly less complex. Both options require additional steps under the Act and Government Code but staff would bring back specifics following direction by Council on preferred action for each property.

FISCAL IMPACT
None at this stage.

RECOMMENDATION
Provide direction to staff on which one of the three options the Council would like to pursue for each of the two properties discussed:
l . Retain for potential future use by City

2. Sell the properties

3. Lease the properties

EXHIBIT(S)
A) Description of APN 020-081-002
B) Description of APN 020-260-013
APPROVED BY: -----Sok -n i -r o rn
-Th-an-, C-it-y M-an-ag-
er

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EXHIBIT A:

APN# 020- 1-002-000
:· 1 g. d
Ownership
County: MERCED, CA
Assessor: MATT H. MAY, ASSESSOR
Parcel # (APN): 020-081-002-000
Parcel Status: ACTIVE
Owner Name: CITY OF GUSTINE
Mailing Address: PO BOX 16 GUSTINE CA 95322
Legal Description: GUSTINE LOTS 13 & 14 BLK 48
Assessment
Total Value:

Land Value:

Impr Value:
other Value:
% Improved: 0%
Exempt Amt:

Property Characteristics
Use Code: 1515 Use Type: GOVERNMENT
Tax Rate Area: 002-014 County Zoning Code:

Year Assd: 2023 Census Tract: 20.02/3
Property Tax: Price/SqFt:

Delinquent Yr:

HO Exempt: N
Bedrooms:

Baths (Full):

Baths (Half):

Total Rooms:

Bldg/Liv Area:

Lot Acres: 0.114
Lot SaFt: 4,975
Year Built:

Effective Year:

Fireplace:

A/C:

Heating:

Pool:

Park Type:

Spaces:

Garage SqFt:

Units:

Stories:

Qualitv:

Building Class:

Condition:

Site Influence:

Timber Preserve:

Ag Preserve:

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EXHIBIT B:

APN# 020-260-013-000
Ownership
County: MERCED, CA
Assessor: MATT H. MAY, ASSESSOR
Parcel = (APN): 020-260-013-000
Parcel Status: ACTIVE
Owner Name: CITY OF GUSTINE
Mailing Address: PO BOX 16 GUSTINE CA 95322
Legal Description: M 8 L SUB POR LOT 26 SEC 8/8/9
Assessment
Total Value:

Land Value:

Impr Value:

Other Value:
% Improved: 0%
Exempt Amt:

Property Characteristics
Use Code: 1515 Use Type: GOVERNMENT
Tax Rate Area: 002-014 County Zoning Code:

Year Assd: 2023 Census Tract: 20.02/4
Property Tax: Price/Saft:

Delinquent Yr:

HO Exempt: N
Bedrooms:

Baths (Full):

Baths (Half):

Total Rooms:

Bldg/Liv Area:

Lot Acres: 0.193
Lot SqFt: 8,432
Year Built:

Effective Year:

Fireplace:
/C:

Heating:

Pool:

Park Type:

Spaces:

Garage Saft:

Units:

Stories:

Quality:

Building Class:

Condition:

Site Influence:

Timber Preserve:

Ag Preserve:

Page 75 of 107 ends

ITEM NO. 13

COUNCIL AGENDA ITEM
JULY 16, 2024
PREPARED BY: Jami Westervelt, Economic and Community Development Director SUBJECT: Agreement for Additional Work for City-Specific Tasks Related to the Sixth Cycle Housing Element

BACKGROUND
For more than a year, the City has been working on the Merced County MultiJurisdictional Housing Element (MJHE), for which all the jurisdictions in Merced County are participating. While the City is part of the countywide effort, the City ultimately holds responsibility for approving and implementing its own specific Sixth Cycle Housing Element (HE) as required by the State of California.

Participating in the MJHE has provided the City savings over soliciting and contracting with an individual consultant for work to date but, as has been discussed throughout the process, there is much work that must still take place in each jurisdiction on top of the MJHE. The amount of additional work varies by jurisdiction and is related to conditions such as how recently the General Plan (GP) was adopted, how closely the jurisdiction's existing zoning code mirrors State requirements, and whether additional GP updates beyond the Housing Element are triggered by the HE.

The City of Gustine has a substantial amount of work it must complete related to State mandates for certification of its HE that is not a part of the regional MJHE contract administered through Merced County Association of Governments (MCAG).

The City has historically contracted for work on its HE due to the complexity and short deadlines imposed by the State for the remainder of the work on the Sixth Cycle HE. This makes continuing to contract for the work even more important for the City.

Based on experiences to this point in the MJHE, staff recommends the City approach this next phase of required tasks by contracting directly with Rincon Consultants, Inc. to complete the consultant work.

DISCUSSION
Throughout the MJHE development to date, the Council, the Planning Commission and the public have all asked highly technical questions regarding the specific, detailed parameters on State requirements and basis for some MJHE assumptions related to those. Rincon has experience in both developing the Merced County MJHE to this point and working with the State on submissions by other jurisdictions for the Sixth Cycle, which provides them the expertise to best address these types of questions.

By contracting with Rincon to both perform the remainder of the work and to participate in the Commission and Council meetings, staff believes both bodies will receive a higher level of technical assistance moving forward in the complex process of

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bringing the City into compliance and toward the ultimate goal of certification of its Sixth Cycle HE.

Familiarity with the MJHE contents and the City's portion of the MJHE provides Rincon an advantage over outside consultants for this work, who would need to spend a significant amount of time educating on the document, its history and the City itself.

MCAG selected Rincon after conducting a competitive process. The Gustine Municipal Code permits the City to award professional services contracts without seeking proposals "when determined to be necessary or advisable." (GMC Sec. 2-6-42(b)(6)) For all of the foregoing reasons, City staff and legal counsel believe that the proposed contract with Rincon meets that criteria. The City will utilize its own separate, standard Professional Services Agreement as approved by legal counsel.

The attached proposal from Rincon outlines the tasks, approach and cost based on the current MJHE and City HE schedule. The work for the City includes Environmental Review, changes to the General Plan (specifically Land Use sections for congruence with the HE) and Residential Zoning designations and Zoning code.

An important addition to the proposal calls for Rincon to participate at least remotely in the meetings where documents will be reviewed and approved and at hearings. This is something that the Council has asked for in past meetings for which there is a cost associated that is included in this estimate.

Staff has also asked Rincon to provide all analysis and task work related to the full 16 sites that the City identified as meeting basic site criteria going back to July 2023.

Analyzing the full 16 does not increase costs but having the analysis in hand will allow the City to pivot if the State forces the City to consider sites other than the five in the draft HE. While HCD could require the City to look at sites beyond the 16, it is unlikely given that those 16 meet priorities in State guidelines based on vacancy, current zoning and size. The analysis included in the final documents will only be for the sites that are ultimately included in the adopted Housing Element. If the State approves the five sites submitted on the Site Inventory, only the five sites will be included in the analysis and documents in this contract.

The proposal includes details for each task but the highlights are as follows:
a. CEQA Analysis-detail tasks are outlined in the proposal. b. General Plan Amendments-The zoning changes necessitate text amendments to the City's General Plan. The Scope covers only those Plan areas that are required to change for conforming to the HE specifications. The City will still need to undergo a comprehensive General Plan update in the future. c. Zoning Text Amendments-Updates to the City residential zoning districts are needed to support zoning changes in the HE.
d. Zoning and Land Use Map Amendments- prepare and update General Plan Land Use Map and Zoning map based on the recommendations. e. Two Rezoning/Study Session workshops-This is conceptualized as one session with Planning Commission and a separate one with Council. f. Staff Report and Hearing Materials-Rincon will prepare the reports related to the work and City staff will post public notices and notify property owners. g. Attendance at Public Hearings- This is conceptualized as one session with Planning Commission and a separate one with Council.

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Staff does not anticipate utilizing Rincon to complete the "Optional/ As-Needed Public Engagement" listed in the proposal but would have the opportunity to if the City Council or Planning Commission decided to request those services as part of this agreement with Rincon in the future.

Regardless of the consultant, the City needs to contract for these services based on the lack of in-house expertise, staffing level and workload. The State requires the City to meet a one-year rezone deadline of January 31, 2025. Contracting with Rincon provides the City the best possibility of meeting that goal.

Staff feels it is important to advise the Council that the State could provide comments that would require multiple drafts and revisions that would affect this work and the Countywide MJHE. If this occurs, staff will bring the issue back to the Council to discuss the impacts to this contract and its budget. At this time, it is impossible to predict State comments or the specific impacts. While it is a possibility, it is one that the City will need to address with more information in the future if it comes to pass.

FISCAL IMPACT
The proposal from Rincon is for $155,299 for all tasks (after excluding the $25,000 in public engagement items that were optional and are not being pursued at this time).

The City received a Local Early Action Planning Grant (LEAP) award from HCD back in 2020 that expires later this calendar year for which HCD may agree to alter the scope and deliverables to fund a portion of this contract work. The scope change request has been submitted to HCD.

The LEAP grants are designated to assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment. If approved, LEAP could fund up to $65,000 of this contract. The City and consultants anticipate that the work billable to LEAP could be completed by the deadlines for the LEAP funding.

The City is also looking at funding from the REAP 2.0 allocations, the majority of which was restored in the most recent State budget. MCAG states they are awaiting final guidance from HCD but the department has informed them that the funding could be used for work demonstrating a nexus to program area objectives that may fit with this contract work. The previous allocation to the City for REAP 2.0 exceeded the remaining $90,299 on the contract after the LEAP funding. However, it is not determined at this time if this source will be verified as usable for the remainder of this contract.

If not successful in finding grant funding for the work, the City will need to identify other allowable funds for this work-including the general fund-as the City has done for prior Housing Element submissions. Inability to fund the required work is not a factor that the State currently recognizes or makes allowances for at this time.

For the above reasons, staff recommends that the City Council appropriate an additional expenditure 0f $155,299.00 in the General Fund (fund 001) for this project.

Once we have received approval for LEAP and/or REAP 2.0 staff will submit for reimbursement to then put back into the General Fund.

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RECOMMENDATION
Recommend the Council approve the attached resolution authorizing the City Manager to contract directly with Rincon Consultants, Inc. to carry out the tasks as outlined in the attached proposal and to appropriate an expenditure of $155,299.00 for Fiscal Year 2024-2025 in the General Fund (Fund 001) for this project.

EXHIBIT(S)
A) Resolution
B) Rincon Sixth Cycle Housing Element and General Plan Experience C) Rincon Consultants, Inc. Proposal
»moves
Soknirorn Than, City Manager

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RESOLUTION 2024-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH RINCON CONSULTANTS, INC. FOR TASKS

RELATED TO THE REQUIRED SIXTH CYCLE HOUSING ELEMENT FOR THE CITY WHEREAS, cities similar to the City of Gustine routinely enter into Professional Service Agreements (PSA) for specialized professional functions for a variety of reasons; and WHEREAS, the City of Gustine, due to staffing levels and budget constraints, must continue to rely upon contracted staffing in several areas, including planning; and WHEREAS, the City has historically contracted for services related to development of its State required Housing Element (HE) submissions; and WHEREAS, Rincon Consultants, Inc., has extensive experience both in the Merced County Multi-Jurisdictional Housing Element (MJHE) and in working with the State on Sixth Cycle HE submissions; and
WHEREAS, the City expects that contracting with Rincon Consultants, Inc., will help the City realize a savings over attempting to secure an alternative outside consultant at this point in the HE process; and
WHEREAS, before contracting with Rincon on the multi-jurisdictional HE project, Merced County Association of Governments completed a competitive process; and WHEREAS, the Gustine Municipal Code authorizes the City Council to award professional services agreements without seeking proposals when determined to be necessary and advisable (GMC Sec. 2-6-42(b)(6)); and
NOW, THEREFORE IT BE RESOLVED, the City Council hereby finds that based on the foregoing recitals and the facts described in the staff report associated with this resolution, it is necessary and advisable to award a contract to Rincon without first seeking proposals; BE IT FUTHER RESOLVED that the City Council of the City of Gustine does hereby authorize the City Manager to enter into a PSA with Rincon Consultants, Inc. for tasks related to the required Sixth Cycle Housing Element for the City and appropriate an expenditure of $155,299.00 for Fiscal Year 2024-2025 in the General Fund (Fund 001) for this project.

THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed at a regular meeting held on the 16 day of July, 2024, the resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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ATTEST:

Melanie Correa, Deputy City Clerk
City of Gustine
APPROVED:

Patrick Nagy, Mayor
City of Gustine

Page 81 of 107 ends

Exhibit B:

Rincon Sixth Cycle Housing Element and General Plan Experience 6th Cycle Housing Element Experience
Rincon has prepared housing elements throughout California in various types of land use, environmental, and socioeconomic settings. Our planning group is involved with only a select number of housing element assignments at a time, providing undistracted focus on the issues relevant to those select projects. Our team's statewide experience highlights the breadth and depth of knowledge of our internal staff and teaming partners, demonstrating the strength we bring to the City's Housing Element Update.

Rincon has
provided services
for
42 6th Cycle Housing
Elements
0 00
0 •8e% •
• Q
DQ
0 Housing Element and General Plan
I----- ,------1
,o
• \
l
I
I
I
I
I
l
'
.g "-------- • 884, } 9 t
I I
0 t
I I
•
■ General Plan
121
CLIENT TYPES:
0 city
al county
PROJECT TYPES:
i Housing Element

Page 82 of 107 ends

6th Cycle Housing Element Project Experience
Banning Housing Element Update and Environmental
Review
Bakersfield Housing Element and General Plan Update, and Environmental Review
Merced County Association of Governments MultiJurisdictional Housing Element Update •
Alameda Housing Element Update
American Canyon Housing Element and General Plan
Update, and Environmental Review •
• •
Monterey Park Housing Element and General Plan
Update, and Environmental Review
Novato Housing Element Update Environmental
Review
Oxnard Housing Element Update Environmental
Review
Camarillo Housing Element Update and Environmental • San Leandro Housing Element and General Plan Review Update, and Environmental Review
Belmont Housing Element Update Environmental Review
Claremont Housing Element Update Environmental Review
•
Beaumont Housing Element Update Environmental
Review
Pleasant Hill Housing Element and General Plan
Update, and Environmental Review
San Fernando Housing Element Update
Environmental Review
Port Hueneme General Plan and Housing Element
Update, and Environmental Review
Richmond Housing Element Environmental Impact
Report Addendum
San Gabriel Housing Element Update Environmental
Review
Simi Valley Housing Element Update and
Environmental Review
Santa Clarita Housing Element Update and
Environmental Review
San Ramon General Plan and Housing Element
Update, and Environmental Review
Palo Alto Housing Element Update
•
•
•
•
•
• •
•
Brea Housing Element Update Environmental Review
Carlsbad Housing Element and General Plan Update
and Environmental Review
Berkeley Housing Element Update Environmental
Review
Corona Housing Element Update and Environmental
Review
Calabasas Housing Element and General Plan Update,
and Environmental Review
Burbank Housing Element Update Environmental
Review
•
• •
•
•
•
•
Half Moon Bay Housing Element CEQA
Fullerton Housing Element Update
@ Duarte Housing Element Update Environmental • Solvang Housing Element and General Plan Update Review
•
•
Sonoma County Housing Element Update and
Environmental Review
St. Helena Housing Element Update and
Environmental Review
@ Hayward Housing Element and General Plan Update,
Climate Action Plan, and Environmental Review
Stanislaus County Housing Element and General Plan, and Environmental Review
• Huntington Park Housing Element, General Plan and
Environmental Review •
Temple City Housing Element Update Environmental
Review
@ Lodi Housing Element and General Plan Update Tulare County Regional Housing Element Update Lompoc Housing Element and General Plan Visalia Housing and Safety Element Update • Los Altos Housing Element Environmental Review • Vista Housing Element Update and Environmental Review
@
•
Los Angeles Citywide Housing Element Update
Environmental Review
Marina Housing Element Update
@
•
Walnut Housing Element Update
West Hollywood Housing Element Update and
Environmental Review
Denotes Housing
Elements certified by HCD

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Fr 30
YEARS
Rincon Consultants, Inc.
4825 J Street, Suite 200
Sacramento, California 95819
916-706-1374
RINCON CONSULTANTS, INC. SINCE 1994
July 9, 2024
Rincon Project No. 24-15972
Jami Westervelt, Economic & Community Development Director City of Gustine
352 Fifth Street
Gustine, California 95322
Via email: [email protected]
Subject: Proposal for Planning Support for Environmental Review and Housing Element Rezoning
Dear Ms. Westervelt:

This letter proposes for Rincon Consultants, Inc. (Rincon) to provide planning services related to the City's Housing Element Update. We have discussed options for an environmental review of the City's Housing Element and associated rezoning work with City staff. We identified opportunities for efficiency by combining environmental review for the Housing Element Update, rezoning, and General Plan updates related to the Safety Element update and new Environmental Justice Element.

This proposal covers additional work to include in the CEQA analysis (Task 1):
• Rezoning to maintain Housing Element compliance,
• Safety Element update,
• Adoption of a new Environmental Justice Element; and
• Minor changes to the Land Use Element.

We also discussed whether the City would need additional planning support for processing the rezones. The proposal includes all of the tasks required to complete rezonings (Task 2); however, it is fully customizable based on City direction during contract formation.

Based on discussions with City staff, Rincon understands that the City's outreach and engagement needs are dynamic, and we propose an on-call arrangement for additional outreach efforts that the City may find necessary as it moves through the Housing Element update and rezoning process (Task 3).

Background
Rincon is currently assisting the Merced County Association of Governments (MCAG) with a MultiJurisdictional Housing Element Update (MJHEU) for the 6 cycle Housing Element. As a member jurisdiction, the City of Gustine is included in the MJHEU. As part of the MJHEU, Rincon will prepare CEQA analyses for each jurisdiction's Housing Element update, but the existing scope of work excludes rezoning from that analysis. That contract scope of work (Attachment 1, Task 6) assumed preparation of an Initial Study/ (Mitigated) Negative Declaration (IS/[M]ND). Changes in scope to that task may be memorialized with MCAG, but are also described here to aid City staff in decision making. www.rin con consultants. com

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F City of Gustine
Proposal for Planning Support for Environmental Review and Housing Element Rezoning HCD Review
Rincon understands that additional work may be required following the City's Housing Element review by the California Department of Housing and Community Development (HCD). Rincon's existing scope of work with MCAG includes one round of revisions to the draft Housing Element after HCD's first review. In that scope of work, it was assumed jurisdictions would receive a finding of substantial compliance on the draft Housing Element and would then proceed to preparation of the final Housing Element and adoption. However, mostjurisdictions will not achieve substantial compliance after HCD's first review of the draft Housing Element. Rincon has alerted all participating jurisdictions, and those that need additional support may contract with Rincon directly.

Scope of Work
Task 1 CEQA Analysis
As noted above, Rincon is currently scoped to provide CEQA analysis for Gustine's Housing Element but not scoped to include CEQA analysis considering any proposed rezoning. Rincon proposes the following supplement to the original scope and budget included as part of the MJHEU contract. In summary, we propose to complete a CEQA Addendum to the City's existing General Plan EIR that would include impact analysis related to the Housing Element, any proposed rezoning and Land Use Element updates associated with Housing Element implementation, as well as the City's ongoing Safety Element and Environmental Justice Element process. This proposal includes additional costs to accommodate analysis of the zoning text and map amendments, Land Use Element text and map amendments, Safety Element Update, and adoption of new Environmental Justice Element.

CEQA Guidelines include criteria for determining the appropriate additional environmental documentation to be completed when a project has a previously certified Environmental Impact Report (EIR). CEQA Guidelines state that an Addendum to a previously certified EIR is the appropriate CEQA documentation if the project would not result in new or substantially greater environmental impacts or require new mitigation beyond that analyzed in the previously certified EIR. Per CEQA Guidelines Section 15164, an addendum may be prepared if some changes or additions are necessary, but none of the conditions have occurred that would trigger a subsequent or supplemental document (CEQA Guidelines Sections 15162 and 15163). This is the most efficient approach because Gustine's existing General Plan Land Use Element projected growth incorporates the anticipated growth and changes related to the rezone program.

In reviewing the City's General Plan, based on the lack of housing and population growth that has occurred in the City since the adoption of the General Plan in 1998 compared to the buildout scenario utilized in the EIR, Rincon anticipates that a CEQA Addendum to the previous General Plan EIR is appropriate. The General Plan and EIR anticipated an increase of 2.5 percent growth in the City per year through the year 2020 with an anticipated buildout of 8,000 people by the year 2000. As of 2023, the California Department of Finance (DOF) estimates that the population in the City is 5,945. Since the City's growth under the current General Plan and Zoning Code is not producing the increase of housing units and associated population that was anticipated in the General Plan and EIR, and therefore the City has not reached the anticipated buildout of, it is reasonable to assume that the proposed Housing Element which identifies capacity for approximately 433 residential units (or approximately 1,260 people) would not exceed the buildout projections considered as part of the EIR.

Rather, the Housing Element and required rezone program are intended to assist the City in achieving the vision of the General Plan and providing the necessary housing units to accommodate the regional growth. It is not anticipated that the Housing Element or rezone program would result in a substantial 2

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r
City of Gustine
Proposal for Planning Support for Environmental Review and Housing Element Rezoning increase in environmental impacts or create new impacts not previously identified as part of the General Plan EIR. Thus, Rincon will prepare a CEQA Addendum document.

Further, because the City is undergoing updates to the Safety Element and Environmental Justice Element as well, Rincon will include the potential impacts associated with those elements in addition to the Housing Element and Rezone Program. While the Safety Element and Environmental Justice Element may have some minor physical alterations to the environment, none of the changes or improvements are anticipated to be substantial such that they would increase the severity of any impacts or create new impacts not previously analyzed as part of the General Plan EIR.

The Addendum will, to the extent possible, rely on existing environmental documentation and technical studies prepared for the project area, including the General Plan Final EIR, and the technical studies completed for that project. This work program outlines the steps that would be needed to adhere to state environmental documentation requirements.

Preparation of the Addendum will include the following tasks:

Project Description
As part of this task, we will gather any additional materials available for the proposed Housing Element update and rezoning program along with the Safety Element and Environmental Justice Element, including relevant planning documents, any technical analyses prepared by the City, and recent environmental documentation prepared for projects in or near the project area. Rincon will then prepare a detailed project description, including tabular and graphic information, for review by the City and project team. This review is critical, since it forms the basis for environmental evaluation under CEQA. The project description will provide a detailed summary of the Housing Element site inventory and proposed rezone program, and will analyze the 16 sites identified as meeting minimum requirements for the site inventory, regardless of whether those sites are included in the final site inventory submitted as part of the Housing Element. The project description will be based on additional information to be provided by the City and project team. Textual, tabular, and graphic presentation will be used as necessary to facilitate a thorough understanding of the proposed project. Tables and graphics will be prepared to illustrate clearly the changes proposed by the rezone program. The project description will include:
• A thorough explanation of Housing Element, RHNA, and site inventory, as well as proposed changes resulting from the rezone program, Safety Element, and Environmental Justice Element • A discussion of planned development characteristics at buildout • Features that have been incorporated into the project to minimize potential environmental or land use conflicts, if any
• Tables illustrating project characteristics and the degree of change from existing conditions and currently adopted Zoning Code and land use designations • Supporting graphics, as necessary
We will provide the City with an electronic version of the draft project description for review. Upon City approval of the draft project description, we will prepare the Administrative Draft Addendum.

Administrative Draft Addendum
This task includes all of the steps necessary to complete an Administrative Draft Addendum for the proposed Housing Element, rezone program, and Safety and Environmental Justice Elements. The Addendum would contain all sections required pursuant to CEQA. In accordance with CEQA Guidelines 3

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r
City of Gustine
Proposal for Planning Support for Environmental Review and Housing Element Rezoning Section 15164, the Addendum will include only the information necessary to make the previous EIR adequately apply to the project in the changed situation. As explained in CEQA Guidelines Section 15151:

An EIR should be prepared with a sufficient degree of analysis to provide decision-makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in light of what is reasonably feasible.

To the extent possible, Rincon will incorporate information from existing environmental and planning documents that are applicable to the project area and project. Rincon will submit electronic copies of the Administrative Draft Addendum (in Microsoft Word and Adobe Acrobat), along with associated appendices, to the City for review and comment. This task includes one round of City staff review and revisions based on one set of consolidated comments provided by City staff. In addition, Rincon will prepare for and attend two, one-hour meetings with City staff to discuss City comments and revisions.

Final Addendum
Upon receiving one consolidated set of City comments on the Administrative Draft Addendum, we will prepare a Final Addendum for certification. We will provide one electronic version (in Adobe Acrobat) to distribute along with the final rezone program. The full administrative CEQA record will be sent to the City at this time.

There are no public notification or review requirements for an addendum. The City will present the Addendum along with the Housing Element, rezone program, Safety Element and Environmental Justice Element to the City Council for approval at the same time.

Consultation Support and Revisions
Rincon will assist the City to conduct government-to-government tribal consultation in accordance with Assembly Bill 52 of 2014 (AB 52) and Senate Bill 18 of 2004 (SB 18). Even if no tribal lands are currently designated within City limits, City still has responsibility to consult with active tribes in the area. Rincon can assist with identifying local tribal groups if none have previously been identified. If none are active, our team will be able to advise as to how this task should proceed. In this case, Rincon will contact City staff to discuss the future of this task.

As part of this task, Rincon will prepare the AB 52- and SB 18-specific letters to be placed on City letterhead, prepare and submit a Native American Heritage Commission Sacred Lands File SB 18 request, and prepare a tracking sheet and instructions that will be provided to the City. The instructions will include details regarding schedule and timelines associated with AB 52 and SB 18 to ensure timely consultation. This task also assumes 12 hours of Principal time to coordinate with interested tribes on behalf of the City and includes revisions to various sections of the Addendum documents as necessary based on City feedback in preparation of public hearings.

Assumptions
• All documents will be delivered digitally.

Deliverables
• Administrative Draft Project Description (Microsoft Word file) • Administrative Draft Addendum (Microsoft Word file)
4

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r
City of Gustine
Proposal for Planning Support for Environmental Review and Housing Element Rezoning • Final Addendum, addressing one set of consolidated, non-conflicting comments from City staff (Microsoft Word file)
• Updated Notice of Determination form
• AB 52 or SB 18 consultation support
Task 1.1 Notice of Determination
Once the Addendum is certified, Rincon will file the Notice of Determination (NOD) with the County Clerk's office and the State Clearinghouse if desired. We assume the City will have its receipt from filing the California Department of Fish & Wildlife (CDFW) fees at the time the General Plan EIR was certified. Otherwise, additional CDFW fees could be required. While the current CDFW fee for an EIR is approximately $4,000, the amount required in the case of non-payment could differ and will be determined in consultation with the State Clearinghouse and CDFW.

Assumptions
• The City will provide a check for all required fees, including CDFW and other County fees. • Rincon staff will facilitate filing the NOD electronically. No travel has been assumed.

Deliverables
• Notice of Determination
Task 2 Planning Support for Rezoning
Task 2.1 General Plan Text Amendments
Rincon will prepare text amendments to the City's General Plan to facilitate the necessary zoning ordinance updates and map changes. This includes modifications to all residential land use designations, including changes to the High Density Residential land use designation to allow between 20 to 25 dwelling units per acre.

Rincon understands that the Land Use Element is currently available as a PDF file and that there are inconsistencies between the Land Use Element and Zoning Code. This file must be converted to Word format to allow for edits to be made. Our cost estimate does account for conversion of the document to Word before any edits are made.

Rincon will respond to one round of consolidated City comments on the Draft Land Use Element. It is anticipated that Rincon will email the Draft Land Use Element Microsoft Word file to staff and will provide approximately three weeks for review. Alternatively, Rincon can upload the document to a Share Point site and City staff can work collaboratively within that file. It is assumed that comments will be made by City staff using the track change function in Microsoft Word, and that the draft document will be emailed back to staff by the end of the pre-determined review period.

The amended Land Use Element will be posted to the City's website for public review and comment.

Rincon will respond to all public comments prior to any public hearings scheduled for approval of the amended Land Use Element and has budgeted for one meeting to discuss all edits with staff prior to public hearings. In addition, Rincon has assumed preparation for one City Council hearing, which includes development of a presentation, attendance at the hearing, and presentation of the project to City Council, as outlined in Task 2.6.
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City of Gustine
Proposal for Planning Support for Environmental Review and Housing Element Rezoning Assumptions
• City staff will provide Rincon with the Land Use Element of the General Plan in PDF format. • All documents will be delivered digitally.

Deliverables
• Draft Land Use Element (Microsoft Word file)
• Final Amended Land Use Element (Microsoft Word file)
Task 2.2 Zoning Text Amendments
Task 2.2.1 RHNA Required Zoning Code Amendments
Rincon will prepare necessary updates to the City's residential zoning district provisions to support Zoning Map amendments. Sites in the City's inventory that are designated for rezoning, to meet the City's share of the Regional Housing Needs Allocation for lower-income units, must be rezoned to allow a minimum of 20 dwelling units per acre (per Government Code Section 65583.2(c)(3)(B)(iii)), and the Housing Element contemplates a maximum density of 25 dwelling units per acre. Therefore, Rincon recommends modifying the density of the existing R-4 district (Sec. 4-29-020, Residential-professional districts [R-4]) to establish a minimum density of 20 units per acre, and a maximum density of 25 units per acre. Rincon's work on the Zoning Code will address zoning changes to all residential districts as well as development standards that will allow for future development at densities assumed in the Housing Element.

Rincon will also prepare necessary modifications for compliance with Government Code Section 65583.2 (h) and (i) which applies to rezone sites to accommodate the RHNA for lower-income households. Pursuant to Government Code Section 65583.2 (h) and (i) and Program 3-4, the ordinance shall be amended to allow by-right approval for Projects with 20 Percent Affordable Units.

Specific amendments include:
o Permit owner-occupied and rental multifamily uses by right for developments in which 20 percent or more of the units are affordable to lower-income households. o Permit the development of at least 16 units per site. o Ensure sites permit a minimum of 20 dwelling units per acre Rincon understands that the Zoning Code is currently available on Municode. The files can be downloaded as a Microsoft Word document but will require formatting. Our cost estimate accounts for formatting of the Word document.

Rincon will respond to two rounds of consolidated City comments on the Draft Zoning Code and has budgeted for one meeting to discuss all edits with staff prior to public hearings. It is anticipated that Rincon will email the Draft Amended Zoning Code as a Microsoft Word file to staff and will provide approximately three weeks for review. Alternatively, Rincon can upload the document to a SharePoint site and City staff can work collaboratively within that file. It is assumed that comments will be made by City staff using the track change function in Microsoft Word, and that the draft document will be emailed back to staff by the end of the pre-determined review period.

The amended Zoning Code will be posted to the City's website for public review and comment. Rincon will respond to all public comments prior to any public hearings scheduled for approval of the amended Zoning Code. Rincon has assumed preparation for one City Council hearing, which includes development of a presentation, attendance at the hearing, and presentation of the project to City 6

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City of Gustine
Proposal for Planning Support for Environmental Review and Housing Element Rezoning Council, as described in Task 2.6. It is assumed that the Zoning Code will be considered at the same City Council hearing scheduled for the updates to the General Plan. If not, additional travel costs will be charged.

Assumptions
• Rincon allocated 134 hours of staff time to for this task. • All documents will be delivered digitally.

Deliverables
• Draft and final memo summarizing recommended amendments to Zoning Code (Microsoft Word file)
• Draft and final amended Zoning Code (Microsoft Word file) Optional: Instead of the scope of work described in Task 2.2.1, Rincon can develop a new zoning district, to be applied to Housing Element inventory sites, that allows densities of 20-25 units per acre.

We recommend, for efficiency, that the new district use the same development standards as the R-4 district. We understand that City staff are considering this option, and if chosen, we can revise this proposal and provide a cost estimate for preparation of a new zoning district instead of modifications to existing zoning district as described in Task 2.2.1.

Task 2.2.2 Zoning Text Amendments
Rincon recognizes that the Housing Element identifies several other changes that must be made to the Zoning Code to address recently approved housing legislation, and that there are inconsistencies between the Land Use Element and Zoning Code. Rincon will edit the Zoning Code to bring the document into compliance with state legislation and to obtain consistency with the Land Use Element.

Rincon will prepare a memo summarizing the recommended amendments outlined in Housing Element programs. Recommendations will be based on the individual amendments' ability to contribute to the City meeting its share of the RHNA, the simplicity of the amendments, and future compliance with state law. Rincon will prepare amendments once City staff have agreed on the scope of the amendments and the memo is finalized.

Rincon understands that the Zoning Code is currently available on Municode. The files can be downloaded as a Microsoft Word document but will require formatting. The cost estimate for Task

2.2.1 accounts for formatting of the Word document.

Rincon will respond to two rounds of consolidated City comments on the Draft Zoning Code and has budgeted for one meeting to discuss all edits with staff prior to public hearings. It is anticipated that Rincon will email the Draft Amended Zoning Code as a Microsoft Word file to staff and will provide approximately three weeks for review. Alternatively, Rincon can upload the document to a SharePoint site and City staff can work collaboratively within that file. It is assumed that comments will be made by City staff using the track change function in Microsoft Word, and that the draft document will be emailed back to staff by the end of the pre-determined review period.

The amended Zoning Code will be posted to the City's website for public review and comment. Rincon will respond to all public comments prior to any public hearings scheduled for approval of the amended Zoning Code. Rincon has assumed preparation for one City Council hearing, which includes development of a presentation, attendance at the hearing, and presentation of the project to City Council, as described in Task 2.6. It is assumed that the Zoning Code will be considered at the same 7

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F City of Gustine
Proposal for Planning Support for Environmental Review and Housing Element Rezoning City Council hearing scheduled for the updates to the General Plan. If not, additional travel costs will be charged.

Assumptions
• Rincon allocated 62 hours of staff time to additional Zoning Code amendments outside of those required for rezoning.
• All documents will be delivered digitally.

Deliverables
• Draft and final memo summarizing recommended amendments to Zoning Code (Microsoft Word file)
• Draft and final amended Zoning Code (Microsoft Word file) Task 2.3 Zoning and Land Use Map Amendments
Rincon will prepare a table showing the parcels that will require General Plan Land Use Map and Zoning Map amendments including their existing and proposed General Plan Land Use and zoning designations. The table will include all sites in inventory at the time the public review draft Housing Element is complete, regardless of whether all sites remain in inventory in the adopted Housing Element. In addition, Rincon will include 16 parcels identified as alternative sites, but not included in the Housing Element.

Upon City approval of the table, Rincon GIS staff will prepare the updated General Plan Land Use Map and Zoning Map based on changes detailed in the table.

Assumptions
• Rincon will have access to all necessary GIS data (existing Land Use Map and Zoning Map). • All documents will be delivered digitally.

Deliverables
• Draft and final table of land use and zoning changes (Microsoft Word file) • Draft and final Zoning Map
• Draft and final General Plan Land Use Map
Task 2.4 Rezoning Workshops/Study Sessions
Rincon will prepare for and participate in two workshops/study sessions to present information and gather feedback on the rezone effort. We anticipate that one workshop/study session will be held with the Planning Commission, and one will be held with the City Council. Rincon will prepare materials needed for the workshops, including a flyer that can be used for advertising the events, PowerPoint slides, or brief survey questionnaires, and attend these workshops/study sessions with up to two Rincon staff. All workshop/study session materials will be provided in English and Spanish.

Rincon assumes the City will be responsible for advertising the meetings.

Assumptions
• Two Rincon staff members will attend each workshop/study session in person. 8

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City of Gustine
Proposal for Planning Support for Environmental Review and Housing Element Rezoning • All documents will be delivered digitally.

Deliverables
• Advertisement flyer (in English and Spanish)
• Meeting attendance and presentation (in English and Spanish) • Written summary of all public comments
Task2.5 Staff Report and Hearing Materials
Rincon will prepare staff reports and other hearing materials for the Planning Commission and City Council.

Assumptions
• City staff will handle any necessary notifications to property owners. • City staff will provide all staff report material templates to Rincon. • Staff reports will analyze the zoning and land use changes required for Housing Element. This task does not include support for adoption of the Safety and Environmental Justice elements, or other associated Land Use Element updates.
• All documents will be delivered digitally.

Deliverables
• Draft and final staff report, resolution, and ordinance Task 2.6 Public Hearing Attendance
Rincon staff will prepare for and attend two public hearings, assumed to be one Planning Commission hearing and one City Council hearing. Rincon will present the staff report.

Assumptions
• One Rincon staff member will attend each hearing in person. • All documents will be delivered digitally.

Deliverables
• Meeting attendance and presentation
Task 3 Project Management
This task will involve one kickoff meeting and regular coordination with City staff, internal coordination with Rincon staff, and project administration and invoicing for the duration of the project. This is outside of project management and administrative time included in the Multi-Jurisdictional Housing Element contract.

Assumptions
• All documents will be delivered digitally.
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City of Gustine
Proposal for Planning Support for Environmental Review and Housing Element Rezoning Deliverables
• Kickoff meeting agenda, notes, and attendance at virtual meetings • Bi-weekly 30-minute virtual check-in meetings with City staff, including agendas and notes Optional / As-Needed Public Outreach
Rincon can provide any of the following additional outreach tasks, within a predefined budget, subject to approval from the City beforehand. Based on discussions with City staff, select tasks appropriate for this work are described below. We recommend establishing a not-to-exceed budget of $25,000.

Social Media
Cost: To be billed at current rates. Strategy Development: Estimated $5,000; Social Media Content:

Estimated $2,000 per push
Rincon can develop a strategy for sharing project information through social media outlets such as Facebook, NextDoor, and Twitter. Language and images would be provided at key points in the process to the City through existing social media accounts. If only social media content is desired, Rincon can prepare language and images that can be pushed to jurisdictional social media accounts by staff.

Email Blasts or Press Releases
Cost: To be billed at current rates. Estimated $1,500 per email blast Rincon can prepare content for email blasts In concert with the social media strategy, to keep the community engaged and informed at key point in the process. Alternatively, Rincon can provide press releases for use by each local agency for news media.

Bilingual Translation of Materials
Cost: To be billed at current rates. Estimated $2.000 per 3-page document Rincon can provide non-certified translation of documents and materials into Spanish to reach nonEnglish speaking residents. Translation of workshop/study session materials has been included in the cost presented for Task 2.5.
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F
Cost
City of Gustine
Proposal for Planning Support for Environmental Review and Housing Element Rezoning The cost estimate for the work described above is shown in Table 1 below.

Table 1 Cost Summary
Task Estimated Cost
Task1 CEQA Analysis (additional funds to cover zoning text and map amendments, Land Use Element text and map amendments,
Safety Element Update, and adoption of new Environmental Justice Element)
Task 1.1 Notice of Determination
$5,000
$1,259
Task2 Planning Support for Rezoning
Task 2.2.2 Additional Zoning Code Amendments
$42,116
$30,886
$13,892
$14,598
$11,082
$13,884
$8,164
$14,418
Task 2.1 General Plan Text Amendments
Task 2.2 Zoning Text Amendments
Task 2.2.1 RHNA Required Zoning Code Amendments
Task 2.3 Zoning and Land Use Map Amendments
Task 2.4 Staff Report and Hearing Materials
Task 2.5 Rezoning Workshops/Study Sessions
Task 2.6 Public Hearing Attendance
Task 3 Project Management
Total
Optional/As-Needed Public Engagement
$155,299
Not to exceed $25,000
Schedule
We have prepared an estimated schedule (Table 2) based on the following assumptions:
• This start date anticipates that any potential changes to the rezone strategy in response to HCD comments on the Housing Element will be resolved prior to this work being initiated. • This schedule assumes two-week turnaround times for City staff's review of deliverables and twoweek preparation periods for revisions to each draft of the Zoning Ordinance Updates following the Administrative Draft.
• The City is subject to a one-year rezoning deadline of January 31, 2025. Based on the estimated MJHEU schedule (Table 3, below) the Housing Element is anticipated to be adopted by the rezoning deadline. That schedule is subject to change based on each jurisdiction's individual needs and the scope of revisions required upon HCD review. We will make every effort to complete all tasks under this scope of work by the rezoning deadline. However, delays in executing a contract or scheduling hearings or meetings, longer-than-expected review times, or other unforeseen delays may affect our ability to meet that estimated timeline.

Furthermore, the City may want to delay the final adoption of zoning and land use text and map amendments based on the following factors:
• If the Housing Element is not certified by HCD by the rezoning deadline, and if, based on HCD comments it is anticipated that revisions to the site inventory beyond the 16 alternative sites already identified and analyzed as part of this project will require the City to identify additional sites to achieve certification (although unlikely), the City may want to delay adoption of land use 11

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City of Gustine
Proposal for Planning Support for Environmental Review and Housing Element Rezoning and zoning text and map amendments until the site inventory is complete and the City has received a finding of substantial compliance. The City will be out of compliance until the Housing Element is adopted and required rezonings are complete. The City can proceed with rezonings ahead of Housing Element certification, but would risk completing a rezoning program that doesn't fully implement the Housing Element once it is certified. • If the revisions to the site inventory (although unlikely beyond the 16 sites) would significantly change the project description for the purposes of CEQA analysis, the CEQA analysis would need to be revised, potentially resulting in schedule delays and requiring a cost amendment. To avoid duplication of work, the City may want to delay CEQA analysis until the site inventory is complete.

Table 2 Project Schedule
Task Date
Task 1 CEQA Analysis
Task 2 Planning Support for Rezoning
Task 2.1 General Plan Text Amendments
Task 2.2 Zoning Text Amendments
Task 2.3 Zoning and Land Use Map Amendments
Task 2.4 Staff Report and Hearing Materials
Task 2.5 Rezoning Workshops/Study Sessions
Task 2.5 Public Hearing Attendance
Task 3 Optional/As-Needed Public Engagement
Task 4 Project Management
July - August 2024
July - September 2024
September 2024
July - August 2024
October - December 2024*
TBD and upon request
by City staff
Ongoing
The timing of public hearings will depend on the City's required lead times and staff's ability to schedule hearings.

Below is the current estimated MCAG MJHEU project schedule.

Table 3 Estimated MJHEU Project Schedule
Task Start Finish
Public Comment Period (30 calendar days required)
Respond to Public Comments (10 business days required) and Compile Draft
Submit and Start HCD Review (90 calendar days)
Rincon make one round of revisions responding to HCD comments (schedule depends on extent of comments received; may vary by jurisdiction)
Adoption Hearings
Submit Adopted Housing Element to HCD
HCD Review of Adopted Housing Element (60-day review)
*NOTE: A second HCD review of the adopted Housing Element is possible.
**Rezoning deadline
Mon 5/13/24
Thu 6/12/24
Mon 7/21/24
October
December
February 2025
April 2025
Tue 6/12/24
Tue 7/19/24
Mon 10/19/24
November
January
January 2025
March 2025
July 2025
Jan. 31, 2025
Existing contract includes one round of revisions to the draft Housing Element after HCD's first review, then proceeding to preparation of the final Housing Element and adoption. Most jurisdictions will have additional revisions needed following HCD review of the adopted (final) Housing Element. Since additional revisions may vary widely after the second review, jurisdictions may contract with Rincon directly for additional revisions. 12

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F City of Gustine
Proposal for Planning Support for Environmental Review and Housing Element Rezoning This proposal and cost estimate are valid for 30 days from receipt. @u.uau.s)
Brenna Weatherby
Planner Principal
Thank you for your consideration and for this opportunity to support your project. If you have any questions regarding this proposal, please contact Nina Bellucci at 805-979-8286 or [email protected], or Brenna Weatherby at 760-205-2097 or [email protected].

Sincerely,
Nina Bell
:
ucci
13

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ITEM NO. 14

COUNCIL AGENDA ITEM
JULY 16, 2024
PREPARED BY: Jami Westervelt, Economic and Community Development Director SUBJECT: Street Names Policy and Direction on Southeast Gustine Master Plan Area Street Assignments

BACKGROUND
The first development in the Southeast Gustine Master Plan (SGMP) area is proceeding, with applicant Ron Katakis moving on improvement plans and review related to the Final Map for the project. Street names for the subdivision need to be decided.

The last large development in the City, Borrelli Ranch, did not appear to include a public discussion on street names or Council actions related. Therefore, there is no precedent from that project to guide street name conventions for the SGMP or going forward-other than City experiences in using the names assigned in that development.

Conditions of approval (COA) for the Katakis project Vesting and Tentative Subdivision Map (VTSM) approved by the Council February 2023 state the following in Condition 26:
"The names for the new subdivision streets shall be provided for consideration and are subject to approval by the City Council."
City code in the subdivision requirements, Sec. 4-68-050. (Kl 1 states: "Names for all public and private streets within a proposed subdivision shall be approved by the Council. The duplication of an existing street name shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street." Neither the COA nor City code specifies to what degree the Council approval extends, which could range from approval of a list of potential street name themes on one extreme to final approval of all street names in the subdivision on the other.

DISCUSSION
The process of naming streets and approval ranges greatly by state, county, and jurisdiction. It is not uncommon in California for jurisdictions to have street-naming policies. These documents provide guidance and consistency in naming over time versus the process being based on staff preferences or Council approval by project.

While Gustine has not historically had much development that is likely to change in the future.

While the City could direct the SGMP developers to propose names in a vacuum and react, staff suggests that if Council has any interest in street naming for the SGMP area

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that it minimally provide direction as to what theme(s) it would prefer to see utilized in the SGMP. Further, staff seeks confirmation from Council in its desire for involvement in the final name approval process in this and future projects.

Staff suggests the Council consider a street names policy that could help streamline the process and provide consistency over asking developers to submit street names without initial input or direction on what the City prefers. Developers prefer direction up front over guessing and asking for approval because the latter takes more time and resource.

Staff reviewed several street name policies of other California cities and found some similarities. One of the most consistent elements is the use of a theme for non-continuing streets added by subdivisions. Exhibit A includes examples of potential street names in an effort to illustrate how varied street names can be and to provide ideas.

Staff also found some consistencies in regard to what cities generally prohibit in naming.

Exhibit B is a potential draft street naming policy to provide Council background and inform discussion on a policy-if the Council wishes to move in that direction.

While the Council has full flexibility to provide direction on the street names, staff requests that the Council at minimum provide direction on theme for SGMP streets that could provide guidance to all three of the currently-approved VTSM maps in the SGMP area. This would provide overall consistency at least within the area of the SGMP development and provide needed direction for the current Katakis project in development.

Please note that staff plans to include in any direction to the first developer moving forward in SGMP that a street named "Faulder Court" be included-based upon a previous verbal agreement made by City representatives. The name may fit the theme selected if utilizing local historic names but it may not fit other potential themes and staff advises that is the City's prerogative and less of a concern than breaching the previous verbal agreement on this specific street name in this one-time commitment.

RECOMMENDATION
City Council to discuss street naming convention and practices in general, as well as street name assignment for the Southeast Gustine Master Plan area in development, and:

1. Come to consensus on theme(s), whether one preferred theme or multiple options the Council would support, for use in the SGMP developments.

2. Provide direction to staff on the role Council would like to take in approval of final street names, starting with the SGMP development.

3. Provide direction to staff on whether Council would like staff to adopt a formal Street Name policy and, if so, potentially consider the attached draft policy.

EXHIBIT(S)
A) Examples for Street Name Themes
B) Draft Street Name Policy for the City of Gustine

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Exhibit A: Examples of Street Name Themes
Local historical significance (figures or events)
County, State or national historical significance (figures or events) Cattle breeds
Agriculture related
California counties or landmarks
California-grown crops
State names
Monuments
National Parks
Scientists
Artists
Mountains
Tree varieties
Flower varieties
Bird species
Alfalfa varieties
Cotton varieties
Grape varieties
Gems
Fruits
Animal themes

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EXHIBIT B: Draft Street Naming Policy for City of Gustine City of Gustine Street Naming Standards Policy
The purpose of addresses and street names are to assist emergency service agencies, public and private agencies, businesses, the U.S. Postal Services, and the general public in locating a specific dwelling, building, business, or property. The City of Gustine has adopted the below standards in regard to Street Names and Numbering in the City.

The City Council shall approve the final list of any additional streets added within the City following review and recommendation by the Economic and Community Development Department. The Department Director shall have discretion to provide direction to the applicant to develop a list that addresses the standards and aligns with current Department approvals to present to the Council.

Street Names- General

1. Shall be unique and not duplicate or too closely resemble phonetically other names utilized in the City or in the Zip Code.

2. Easy-to-pronounce names are required in order to aid in emergency response.

3. Shall not exceed approximately 15 letters including spaces but exclusive of suffix

4. Where the street is a continuation of an existing street, the existing street name shall be used.

5. Names for subdivisions shall follow a theme. The City guidance on Theme is attached to this document as Exhibit A.

6. Subdivisions shall not use names that contain the same introduction or cluster of letters throughout, or adjacent streets starting with the same letter. Do not use part or all of an existing name in multiple street names.

7. If utilizing a historic name, check with the Gustine Historical Society for history related to the name to ensure appropriateness.

Street Suffixes

8. Streets running north/south shall use "Street" or "Road" as suffix.

9. Streets running east/west shall use "Avenue" or "Way" as suffix.

10. Streets curving in any direction shall use "Drive" or "Lane" as suffix. 11 . Public streets closed at one end shall use "Court" or "Place" as the suffix.

12. Private streets shall use "Terrace" as the suffix.

Street Address Numbering

13. North side of the street shall be odd numbers

14. South side of street shall be even numbers

15. East side of the street shall be even numbers

16. West side of the street shall be odd numbers

17. The Director of Economic and Community Development Department shall assign street numbers to allow for no less than 10 numbers between homes in new residential subdivisions as allowable.

18. The City will process applications for changes to numbers for existing structures with the payment of fees as outlined in the City Fee Schedule but only as whole address numbers are available and only for specific reasons as follow:
a. Addition of units (ADU or JADU)
b. Relocation of entrance door to existing building (with building permit) c. New use of existing door that fronts a different street d. Correction of address duplication
e. Correction of out of sequence address

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ITEM NO. 15

COUNCIL AGENDA ITEM
JULY 16, 2024
PREPARED BY: Soknirorn Than, City Manager
SUBJECT: Resolution Authorizing Regional Surface Transportation Program Claim

BACKGROUND/DISCUSSION
MCAG has received the FY 23/24 Regional Surface Transportation Program (RSTP) Exchange Program Standard Agreement contract from Caltrans. It is important to note that the Caltrans contract is based on an estimated RSTP apportionment figure that Caltrans has received from the Federal Highway Administration (FHWA). If the final yearend RSTP figure is determined to be higher or lower than the RSTP estimate for any number of reasons, the distribution amounts can be modified (in the current contract year or future year apportionments).

On May 23, 2024, MCAG's Governing Board adopted the FY 23/24 RSTP Exchange Program Apportionment Schedule and authorized the release of RSTP Exchange Claim Forms to the member agencies.

Member agencies are required to do two things to claim the RSTP funds:
l) Submit a signed RSTP Exchange Program Claim Form; and 2) Submit a City Council-approved RSTP Exchange Program Resolution.

The FY 22/23 RSTP Exchange Program amount available for the City of Gustine to claim is $84,753.

FISCAL IMPACT
These funds will be used to help pay the match for the construction of the North Avenue Sidewalk Infill Project ($40,625) and the FY 25 Pavement Rehabilitation Project ($44,128). It is worth noting that the Revenue of $85,000 has been budgeted in the FY 25 budget; however, the expenditure has not been budgeted. For this reason, staff recommends the City Council to appropriate an expenditure of $84,753 in the RSTP Fund 021 for the construction of the North Avenue Sidewalk Infill Project ($40,625) and the FY 25 Pavement Rehabilitation Project ($44,128).

RECOMMENDATION
Council approve the attached resolution authorizing filing for the RSTP claim and appropriate an expenditure of $84,753 in the RSTP Fund 021 for the construction of the North Avenue Sidewalk Infill Project ($40,625) and the FY 25 Pavement Rehabilitation Project ($44,128).

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EXHIBIT(S)
A) Resolution
B) RSTP Claim Form

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RESOLUTION 2024-XXXX

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

MANAGER TO FILE A REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) EXCHANGE PROGRAM FUND CLAIM FORM FOR FISCAL YEAR 2023-2024
WHEREAS, the Merced County Association of Governments (MCAG) and the California Department of Transportation (Caltrans) have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and
WHEREAS, Caltrans Division of Programming releases a 5-year ESTIMATE of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2-years to California Metropolitan Planning Organizations (MPOs);
WHEREAS, MCAG is the designated MPO for Merced County;
WHEREAS, the Annual RSTP Exchange Program fund apportionment is an estimate and subject to change during the fiscal year (FY) due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional action (i.e. rescissions);
WHEREAS, a FINAL RSTP Exchange apportionment amount is published at the end of the FY 23/24 and can be different from the ESTIMATE RSTP Exchange apportionment figure;
WHEREAS, Annually, Caltrans sends MCAG a Standard Agreement contract that includes an RSTP Exchange Program apportionment figure; WHEREAS, MCAG applies a RSTP population based distribution formula using current Department of Finance (DOF) population estimates (May 2023) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distribution to MCAG member jurisdictions;
WHEREAS, the City of Gustine has an ESTIMATE RSTP Exchange Program fund apportionment amount available to claim in FY 23/24 is $84,753.00; WHEREAS, payment of the ESTIMATE RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between MCAG and Caltrans, as well as the MCAG RSTP Exchange Claim form requirements:

Projects to be funded with this claim are only those projects that are defined under Sections l 33(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section l 82.6(d) ( l) of the Streets and Highways Code.

WHEREAS, if the final RSTP Exchange apportionment figure is higher for FY 23/24 than the ESTIMATE RSTP Exchange apportionment figure, Caltrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller's Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this resolution;

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WHEREAS, if the FINAL RSTP Exchange apportionment figure is lower for FY 23/24 than the ESTIMATE RSTP Exchange apportionment amount, Caltrans does not have to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP Exchange Program funds using the same populationbased formula and then instruct the Merced County Auditor Controller's Officer to distribute the lower FY 23/24 FINAL RSTP Exchange Program fund amount to member agencies;
WHEREAS, the City of Gustine has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds (Fund 021); and WHEREAS, it is deemed in the best interest of the City of Gustine that the City Manager is authorized to sign the FY 23/24 RSTP Exchange Program fund claim form and to submit said claim form to MCAG for processing; and WHEREAS, the expenditure for this amount is not yet budgeted in the FY 24-25.

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

Section 1. The City Manager of Gustine is authorized and directed to sign and file the above described FY 23/24 RSTP Exchange Program fund claim on behalf of the City of Gustine in the amount of $84,753.00.

Section 2, Appropriate an expenditure of $84,753 in the RSTP Fund 021 for the construction of the North A venue Sidewalk Infill Project ($40,625) and the FY 25 Pavement Rehabilitation Project ($44,128).

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 16 day of July, 2024, 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

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MERCED COUNTY
AS$0CIA TI0N OF

GOVERNMENTS
PH: 209.723.3153
FAX: 209.723.0322
www.mcagov.org
369 W, 18" Street
Merced, Ca. 93540
Claim to the Merced County Association of Governments
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2023/2024
Claimant:

FY 23/24 Claim Amount:

City of Gustine
$84,753.00
Claim Guidelines:

Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(l) of the Streets and Highways Code.

Claim Instructions:

1. List (print or type) each INDIVIDUAL project to be funded with this claim.

2. List the amount of funds to be used for each project.

3. If the project is not a capacity expanding project and is exempt from the air quality conformance analysis check the "Exempt" box. (2)

4. If the project is a capacity expanding project and the "build" alternative of the air quality conformance analysis has been completed for the project as required check the "Air Quality" box. (89)
Project Cost of Air Exempt
Project Quality

1. CML-5230(012) North Avenue Sidewalk Infill Project $40,625 □ X

2. FY25 Pavement Maintenance and Rehabilitation Project $44,128 □ X

3. $ □ □
'

4. $ □ □
Partnering for Regional Solutions

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It is understood by this claimant (City of Gustine) that payment of this claim is subject to approval by the MCAG Governing Board and must be in accordance with the MCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.

The undersigned claimant, by accepting these funds agrees to establish a special account for the purpose of depositing funds received from MCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.

If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to MCAG for credit to the special account described above.

Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of his/her knowledge.

Authorized Representative:

Signature
Print Name
Title
Date
Signature of Chief Financial Officer
Print Name

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