AGENDA
CITY OF GUSTINE
CITY COUNCIL
COUNCIL CHAMBERS, CITY HALL
352 5I STREET GUSTINE, CALIFORNIA
NOVEMBER 5, 2024 - 6:30 P .M.
The Council Chambers are open and in-person attendance is encouraged.
As a convenience, the City will be retaining the virtual component of public meetings for optional attendance with the use of an online meeting room.
Log-in and dial-in information is as follows:
https://meet.goto.com/898144317
or via telephone by dialing (872) 240-3311, access code: 898-144-317 Feedback and noise will be muted by the meeting organizer.
Please note, in the event of a technical issue causing a disruption in the call-in option or 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.
PRESENTATIONS
PUBLIC COMMENT
At this time, any person may comment on any item, which is not on the agenda. PLEASE STATE YOUR NAME FOR THE RECORD. Action will not be taken on the topic unless deemed an urgency matter by a 3/5 vote of the City Council. Topics not considered an urgency matter may be referred to City staff and/or placed on a subsequent agenda for consideration, by a 3/5 vote of the City Council.
Members of the public, who have questions or comments regarding a specific agenda item, may comment on that item before consideration of that item, when recognized by the Mayor.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and may be approved by one action of the City Council, unless any member of the City Council wishes to remove an item for separate consideration.
Are there any items on the consent calendar that any member of the public would like to comment on?
(continued)
1. Minutes of the October 15, 2024 Regular Meeting
Recommendation: Review and approve
2. Minutes of the October 23, 2024 Special Meeting
Recommendation: Review and approve
3. Warrants
Recommendation: Review and ratify
4. Approve Adoption and Waive Second Reading of an Ordinance Adding Article 4 to Chapter 2 of Title 3 of the Gustine Municipal Code Prohibiting Encampments on Public and Private Property
Recommendation: Approve adoption and waive second reading
ADMINISTRATIVE AGENDA
5. PUBLIC HEARING: Landowner Election for City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services)
1. Receive staff report
2. Open the Public Hearing
3. Receive Public Comment
4. Close the Public Hearing
5. Consider a motion to approve a resolution establishing City of Gustine Community Facilities District No. 2024-1 (Public Safety and Storm water and Parks Maintenance Services), and the boundaries thereof
6. Consider a motion to approve a resolution calling a Special Election and submitting to the voters City of Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services), propositions regarding the annual levy of special taxes within the Community Facilities District to pay the costs of certain public services, and establishing an appropriations limit therefor
7. Conduct Landowner Election
8. Consider a motion to approve a resolution declaring the results of the Special Election within City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services)
9. Consider a motion to introduce and waive the first reading of an ordinance authorizing the levy of Special Taxes in Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services)
6. 7.
PUBLIC HEARING: Consider Resolution Authorizing the Annexation of Territory in the Future to Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services)
1. Receive staff report
2. Open the Public Hearing
3. Receive Public Comment
4. Close the Public Hearing
5. Consider a motion to approve a resolution acting as the legislative body of City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), authorizing the annexation of territory in the future to such Community Facilities District
Consider Resolutions Authorizing City Manager to Sign Agreements with San Joaquin River Exchange Contractors Water Authority for Grant Awards I. Receive staff report
2. Receive Public Comment
3. Consider a motion to approve a resolution authorizing City Manager to sign agreement with San Joaquin River Exchange Contractors Water Authority for an award of $95,000 for conversion of a retention basin into a recharge basin, accepting the award, agreeing to terms, and authorizing FY 2024/2025 budget appropriation in the water fund
(continued)
4. Consider a motion to approve a resolution authorizing City Manager to sign agreement with San Joaquin River Exchange Contractors Water Authority for an award of $30,000 for pond aeration, accepting the award, and agreeing to terms
8. Consider Resolution Authorizing City Manager to Enter into Professional Services Agreement with Gouveia Engineering, Inc. for On-Call Engineering Services for Federally and State Funded Projects
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 SESSON PUBLIC COMMENT
CLOSED SESSION
ADJOURNMENT
Note:
I. 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 /fox/. 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 genda is available for public inspection during normal business hours at the front counter of City Holl located at 352 5m 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 31' day of October, 2024, ------
Melanie Correa
MINUTES OF
REGULAR MEETING
October 15, 2024
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Pro Tern Ford called the meeting to order at 6:30 P.M.
The 4-H group conducted the pledge of allegiance.
ROLL CALL
Council Members: Giles - Marsigli - Bonta - Mayor Pro Tern Ford Staff present: City Attorney Ann Siprelle (virtual), Finance Director Jenny Morrison, Economic & Community Development Director Jami Westervelt, Recreation Manager Tiffany Vitorino, Fire Chief Pat Borrelli, Acting Police Chief Francisco Martinez, Project Manager Danny Reed, and Administrative Assistant Desirae Porras 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.
PRESENTATIONS
1. Westside 4-H Communications Team
Melissa Ventura, Project Leader
The Westside 4-H Communications team provided a brief overview of each of their individual interests and "sparks".
2. SR 140/33 Roundabout Project Update
Danny Reed, Project Manager, Gouveia Engineering
Danny Reed, Project Manager, provided an update on the SR 140/33 Roundabout project.
There was no public comment.
Council member Marsigli inquired clarification on the center monument, to which Mr.
Reed advised the monument will be the wall with City of Gustine lit up.
Mayor Pro Tern Ford inquired on the stamped concrete paving, to which Mr. Reed advised it allows pedestrian traffic and can be used for future events. He further advised the parking blocks and lines will be installed later.
Mayor Pro Tern Ford inquired on the open area where the dirt is being hauled off, to which Danny advised for the time being it will be unfinished.
Council member Giles inquired on the timeframe, to which Mr. Reed advised paving and striping will occur in the following month. He further advised the project is estimated to be completed in this calendar year.
Council member Marsigli thanked Project Manager Reed for his assistance with the North Ave Sidewalk project.
PUBLIC COMMENT
Abby Pendleton, on behalf of Assembly Member Juan Alanis, provided a legislative update on bills that are moving forward such as AB 1871 and AB 1954.
Mayor Pro Tern Ford inquired the notification process to the County in regards to AB 1954, to which Ms. Pendleton advised the Department of State Hospitals would have to notify by mail 30 days in advance.
Mayor Pro Tern Ford inquired whether City Police Departments would be advised, to which Ms. Pendleton advised she would look into it.
Christian Santos, on behalf of Congressman John Duarte, thanked the City for allowing joint mobile district office. He advised of Congressman Duarte's attendance at the field hearing in regards to California's water supply in Santa Nella. He provided an overview of the legislative bills passed such as HR 7816 and HR 9531. He informed Council of the Bipartisan Valley Fever Awareness and Vaccine Development Manufacturing Act.
Council member Marsigli inquired an update on Pioneer Park funding, to which Mr.
Santos advised of the recent 90-day shut down and stated he would request an update from his team and bring it back to Council.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and may be approved by one action of the City Council, unless any member of the City Council wishes to remove an item for separate consideration.
Are there any items on the consent calendar that any member of the public would like to comment on?
3. Minutes of the October 1, 2024 Regular Meeting
Recommendation: Review and approve
4. Warrants
Recommendation: Review and ratify
5. Treasurer's Report - September 2024
Recommendation: Review and file
6. Approve Request for Use of City Streets and Services and Waiver of Fees for Veteran's Day Procession
Recommendation: Review and approve
7. Approve Use of Harry Schmidt Park Path for Annual Color Run Walk Event and Allow Use of Mobile Food Vendors
Recommendation: Review and approve
8. Approve Use of City Streets and Services, Waiver of Fees, and Allowance of Mobile Food Vendors for Chamber of Commerce Old-Fashioned Christmas Event Recommendation: Review and approve
Mayor Pro Tern Ford introduced the consent calendar.
There was no public comment.
Council member Marsigli inquired clarification on consent calendar item #3, in regards to Economic & Community Development Director Westervelt's response to the absence of airport projects on the One Voice priority list, to which Economic & Community Development Director Westervelt clarified in past discussions MCAG has directed the City to focus on areas other than the Airport.
Council member Marsigli commented on the Annual Color Run/Walk location and advised of the benefits to local businesses to have it on 5i Street.
Council member Bonta made a motion to approve the consent calendar.
The motion was seconded by Council member Giles and carried 4-0, with Mayor Nagy absent.
ADMINISTRATIVE AGENDA
9. Consider Resolution Accepting Bid and Awarding Contract to George Reed, Inc. for Railroad Ave Pavement Rehabilitations Project and Authorizing the City Manager to Execute the Agreement
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve resolution
Danny Reed, Project Manager, presented the staff report.
There was no public comment.
Council member Marsigli commented on the bid proposals, to which Mr. Reed advised of the fluctuation in bid proposals.
Council member Giles made a motion to approve the resolution accepting bid and awarding contract to George Reed, Inc. for Railroad Ave. Pavement Rehabilitations project and authorizing the City Manager to execute the agreement.
The motion was seconded by Council member Marsigli and carried 4-0, with Mayor Nagy absent.
CITY DEPARTMENT REPORTS
Acting Police Chief Martinez advised he had nothing to report.
Council member Marsigli inquired on the delay in vehicle outfitting, to which Acting Police Chief Martinez advised of the 8-10 weeks turnaround time to retain the parts.
Fire Chief Borrelli thanked Jesse Manzo for putting together a fundraiser for the Fire Department and the Veterans. He advised the Fire Department and Veterans raised $750 each. He advised of his attendance at the Big 5 meeting and stated all paperwork is in for the reimbursement of the Fire Department radios. He informed Council the department will be 2-0 staffed in two weeks.
Finance Director Morrison advised she had nothing to report.
Recreation Manager Vitorino thanked the 4-H group for their assistance in collecting firework donations. She advised of her preparation of City facility assessments. She informed Council of the purchase of a new pool vacuum and a solar powered skimmer. She advised of the need for Trunk or Treat trunks and stated there are 25 trunks registered so far. She reminded everyone of the Historical Society Salad Bar Luncheon on October 23 at the Goman Center. She advised Merced County will be using the Goman Center from October 315 to November 9t as a voting center. She updated on the November 9t Color Run event, November 11I Veteran's Day Parade and the November 30 Old Fashioned Downtown Christmas event.
Council member Bonta inquired whether the Museum's needs will be included in the facility assessments, to which Recreation Manager Vitorino affirmed.
Economic & Community Development Director Westervelt advised of the upcoming City Council and Planning Commission Joint meeting on October 23 at 6 P.M. She updated on the Housing Element and advised HCD has submitted their responses back to the City. She further advised of the timeline for future Housing Element workshops.
She informed Council the exemption for the Surplus Land Act was approved for all three properties.
Administrative Assistant Porras updated on the Community Services Officer recruitment and advised second interviews were held on Monday and an offer of employment will be made this week. She advised of the upcoming City-wide mandatory training that will be held on November 14th,
CITY ATTORNEY REPORT
City Attorney Siprelle updated on the Surplus Land Act approval. She advised of her work on making the properties available to the public. She further advised she will send Council an update later this week.
CITY MANAGER REPORT
There was no City Manager report.
CITY COUNCIL REPORTS
Council member Marsigli advised of available tickets for the Historical Society Salad Bar Luncheon.
Council member Giles advised he had nothing to report.
Council member Bonta advised he had nothing to report.
Mayor Pro Tern Ford advised he had nothing to report.
ADJOURNMENT
Mayor Pro Tern Ford adjourned the meeting at 7:14 P.M.
MINUTES OF
SPECIAL JOINT MEETING OF THE
CITY COUNCIL AND PLANNING COMMISSION
October 23, 2024
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:00 P.M. and conducted the pledge of allegiance.
ROLL CALL
Council Members: Giles - Bonta - Mayor Pro Tern Ford - Mayor Nagy Commissioners: Duprel - Medeiros - Vice-Chairperson Lackey Staff present: City Manager Soknirorn Than, Economic & Community Development Director Jami Westervelt, City Planning Consultant Kelsey George and Administrative Services Director Melanie Correa
Council member Marsigli was absent.
Chairperson Gomes was absent.
PUBLIC COMMENT
There was no public comment.
ADMINISTRATIVE AGENDA
1. WORKSHOP: Draft Safety Element of the City's General Plan
1. Receive Staff Report and Presentation
2. Receive public comment
3. Receive Planning Commission comment
4. Receive City Council comment
Economic & Community Development Director Westervelt expressed gratitude to Planning Consultant Kelsey George for her work in the draft Safety Element of the City's General Plan.
Planning Consultant Kelsey George presented the staff report and provided an overview of the draft Safety Element of the City's General Plan.
There was no public comment.
There was no Planning Commission comment.
Council member Giles inquired if there are any items within the seismic assessment that would restrict the use of existing buildings, to which City Manager Than advised the goals would guide new construction, unless existing buildings were significantly updated.
Mayor Pro Tern Ford inquired specifics in what would trigger alignment with the element goals, to which City Manager Than advised from a building code perspective, projects valuing $200K plus are considered a significant upgrade.
Mayor Nagy inquired on climate change vulnerability, to which City Manager Than advised it is vulnerability to extreme heat and potential flooding.
Mayor Nagy inquired whether it is referring to people or buildings, to which City Manager Than advised it is the effect on the people caused by the infrastructure or building.
Mayor Nagy commented on the list of City vulnerabilities, specifically the dam incidents, to which Economic & Community Development Director Westervelt advised it is a County assessment and stated the County listed it as a risk factor.
Mayor Nagy also commented on the EV parking priority and public charging, number of Reserve Officers, and number of Police vehicles, to which Economic & Community Development Director Westervelt asked Council to send all narrative comments to her in writing, so she can ensure they are each addressed.
Planning Consultant George, clarified EV parking is addressed in California Building Code and advised any new development does require the conduit to be installed.
Council member Bonta inquired who is tracking the City's progress, to which Ms.
George advised there is an annual Housing Element Progress Report and an Annual General Plan Progress Report that will report City progress.
Council member Bonta inquired if the City will be required to report proof of progress, to which Ms. George advised no one is formally checking on the progress of the Safety Element unless a huge safety crisis occurs.
2. WORKSHOP: Draft Environmental Justice Element of the City's General Plan
1. Receive Staff Report and Presentation
2. Receive public comment
3. Receive Planning Commission comment
4. Receive City Council comment
Planning Consultant Kelsey George continued her presentation of the staff report related to the Environmental Justice portion of the agenda.
Mayor Pro Tern Ford commended the policies and goals.
There was no public comment.
There was no Planning Commission comment.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 6:35 P.M.
tr City of Gustine, CA Warrant List
l
By Vendor Name
J
Post Dates 10/16/2024 - 11/05/2024
...
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: 209 MULTIMEDIA CORPORATION
Fund: 001 - GENERAL FUND
209 MULTIMEDIA CORPOR 378902 11/05/2024 PD OPERATING SUPPLIES - 1,423.30
NOTICES TO APPEAR
209 MULTIMEDIA CORPOR 378903 11/05/2024 PD OPERATING SUPPLIES- 371.09
CITATION FORMS
209 MULTIMEDIA CORPOR 379193 11/05/2024 CSO RECRUITMENT AD 136.75 209 MULTIMEDIA CORPOR 379460 11/05/2024 PHN TIP TOP/ FLAVOR 240.00
FARMS EXT PC
209 MULTIMEDIA CORPOR 379461 11/05/2024 PHN 7 START SKOME SHOP 180.00 CUP PC 10/23/24
Fund 001- GENERAL FUND Total: 2,351.14
Vendor 209 MULTIMEDIA CORPORATION Total: 2,351.14
Vendor: A PLUS PLUMBING, LLC
Fund: 001 - GENERAL FUND
A PLUS PLUMBING, LLC 30250 11/05/2024 PARK - HENRY MILLER 660.00
RESTROOM REPAIRS
A PLUS PLUMBING, LLC 30251 11/05/2024 PD RESTROOM REPAIRS 370.00 A PLUS PLUMBING, LLC 30252 11/05/2024 PW SCHMIDT PARK 442.50
RESTROOM SERVICE
A PLUS PLUMBING, LLC 30280 11/05/2024 PW HENRY MILLER PARK 110.00
RESTROOM SERVICE
A PLUS PLUMBING, LLC 30349 11/05/2024 CITY HALL RESTROOM 475.00
REPAIRS
Fund 001 - GENERAL FUND Total: 2,057.50
Fund: 061- SEWER FUND
A PLUS PLUMBING, LLC 30222 11/05/2024 PW PLUMBING FITTING 30.00 A PLUS PLUMBING, LLC 30223 11/05/2024 PW PLUMBING FITTING 8.50 Fund 061- SEWER FUND Total: 38.50
Vendor A PLUS PLUMBING, LLC Total: 2,096.00
Vendor: ACE HARDWARE OF GUSTINE
Fund: 001- GENERAL FUND
ACE HARDWARE OF GUSTI 580050 11/05/2024 PW FUEL FOR SIDEWALK 30.30
GRINDING MACHINE
ACE HARDWARE OF GUSTI 580057 211/05/2024 PW JANITORIAL SUPPLIES 21.63 ACE HARDWARE OF GUSTI 580086 11/05/2024 PETERSON SHELTER 18.39
REPAIR HARDWARE
ACE HARDWARE OF GUSTI 581027 11/05/2024 PW OPERATING SUPPLIES 6.62 - HAND SANITIZER
ACE HARDWARE OF GUSTI 581037 11/05/2024 SCHMIDT PARK POND 134.37
AERATOR PROJ SUPPLIES
ACE HARDWARE OF GUSTI 581079 11/05/2024 SCHMIDT PARK 72.61
IRRIGATION TIMER PROJE
ACE HARDWARE OF GUSTI 581092 11/05/2024 PW PARKS MAINTENANCE 36.72
SUPPLIES
ACE HARDWARE OF GUSTI 581104 11/05/2024 PW IRRIGATION REPAIR 23.80
FITTING
ACE HARDWARE OF GUSTI 581223 11/05/2024 PW IRRIGATION REPAIR 65.26 PARTS
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount ACE HARDWARE OF GUSTI 581226 11/05/2024 FACILITIES OPERATING 34.61
SUPPLIES
ACE HARDWARE OF GUSTI 581572 11/05/2024 PW PARK JANITORIAL 25.96
SUPPLIES
ACE HARDWARE OF GUSTI 581775 11/05/2024 PW OPERATING SUPPLIES 29.20 -CHAINSAW
Fund 001 - GENERAL FUND Total: 499.47
Fund: 060- WATER FUND
ACE HARDWARE OF GUSTI 580938 11/05/2024 PW WELLSITE BUG 12.98
TREATMENT SUPPLIES
ACE HARDWARE OF GUSTI 581027 11/05/2024 PW OPERATING SUPPLIES 6.62 - HAND SANITIZER
ACE HARDWARE OF GUSTI 581141 11/05/2024 PW COPPER CUTTERS 38.96 Fund 060 - WATER FUND Total: 58.56
Fund: 061 - SEWER FUND
ACE HARDWARE OF GUSTI 580948 11/05/2024 WWTP OPERATING 14.06
SUPPLIES
ACE HARDWARE OF GUSTI 581027 11/05/2024 PW OPERATING SUPPLIES 6.63 - HAND SANITIZER
ACE HARDWARE OF GUSTI 581938 11/05/2024 WWTP OPERATING 22.70
SUPPLIES A/C FILTER
Fund 061- SEWER FUND Total: 43.39
Vendor ACE HARDWARE OF GUSTINE Total: 601.42
Vendor: AFLAC ADMINISTATIVE SERVICES
Fund: 099 - PAYROLL TRUST FUND
AFLAC ADMINISTATIVE SER PR- 10/25/24 11/05/2024 PAYROLL DEDUCTIONS 1,176.74 Fund 099 - PAYROLL TRUST FUND Total: 1,176.74
Vendor AFLAC ADMINISTATIVE SERVICES Total: 1,176.74
Vendor: AGEE CONSTRUCTION CORPORATION
Fund: 020 - CMAQ
AGEE CONSTRUCTION CO NO.OS 10/16/2024 33/140 ROUNDABOUT 275,939.16 PROJ 08/01/24 - 08/31/24
Fund 020 - CMAQ Total: 275,939.16
Fund: 20O - REGIONAL MEASURE V
AGEE CONSTRUCTION CO NO.OS 10/16/2024 33/140 ROUNDABOUT 35,750.84 PROJ 08/01/24 -08/31/24
Fund 200 - REGIONAL MEASURE V Total: 35,750.84
Vendor AGEE CONSTRUCTION CORPORATION Total: 311,690.00
Vendor: AMAZON CAPITAL SERVICES, INC.
Fund: 0O1- GENERAL FUND
AMAZON CAPITAL SERVICE 11LK-VWLM-9FM6 11/05/2024 CM OPERATING SUPPLIES 27.24
ADAPTERS
AMAZON CAPITAL SERVICE 1LVL-JXLD-QX6F 11/05/2024 PARKS- PET WASTE 1,212.32
STATION
AMAZON CAPITAL SERVICE 1MYP-M4TL-HFRN 11/05/2024 CITY HALL OFFICE 2.73
SUPPLIES - COUNTERFEIT
AMAZON CAPITAL SERVICE 1MYP-M4TL-HFRN 11/05/2024 CITY HALL OFFICE 2.73
SUPPLIES - COUNTERFEIT
AMAZON CAPITAL SERVICE 1MYP-M4TL-HFRN 11/05/2024 CITY HALL OFFICE 2.73
SUPPLIES - COUNTERFEIT
AMAZON CAPITAL SERVICE 1MYP-M4TL-HFRN 11/05/2024 CITY HALL OFFICE 2.73
SUPPLIES - COUNTERFEIT
AMAZON CAPITAL SERVICE 1MYP-M4TL-HFRN 11/05/2024 CITY HALL OFFICE 2.73
SUPPLIES - COUNTERFEIT
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount AMAZON CAPITAL SERVICE 1VMT-HA16D-1PFJ 11/05/2024 ED TECH PURCHASE - 0.48
HDMI, SURFACE PEN
AMAZON CAPITAL SERVICE 1VMT-H16D-1PFJ 11/05/2024 ED TECH PURCHASE - 0.48
HDMI, SURFACE PEN
AMAZON CAPITAL SERVICE 1VMT-H16D-1PFJ 11/05/2024 ED TECH PURCHASE - 0.24
HDMI, SURFACE PEN
AMAZON CAPITAL SERVICE 1VMT-H16D-1PF 11/05/2024 ED TECH PURCHASE - 0.48
HDMI, SURFACE PEN
AMAZON CAPITAL SERVICE 1VMT-H16D-1PF 11/05/2024 ED TECH PURCHASE- 0.48
HDMI, SURFACE PEN
AMAZON CAPITAL SERVICE 1VMT-H16D-1PFJ 11/05/2024 ED TECH PURCHASE - 0.48
HDMI, SURFACE PEN
AMAZON CAPITAL SERVICE 1VMT-H16D-1PFJ 11/05/2024 ED TECH PURCHASE - 0.24
HDMI, SURFACE PEN
AMAZON CAPITAL SERVICE 1VMT-H16D-1PFJ 11/05/2024 ED TECH PURCHASE- 0.48
HDMI, SURFACE PEN
AMAZON CAPITAL SERVICE 1YF1-91H9-PYK4 11/05/2024 PW OPERATING SUPPLIES 13.28 - CAUTION TAPE
Fund 001- GENERAL FUND Total: 1,269.85
Fund: 009 - COMMUNITY CENTER FUND
AMAZON CAPITAL SERVICE 1VMT-H16D-1PF] 11/05/2024 ED TECH PURCHASE - 0.96
HDMI, SURFACE PEN
Fund 009 - COMMUNITY CENTER FUND Total: 0.96
Fund: 016- SWIM POOL FUND
AMAZON CAPITAL SERVICE 1633-VWT4-44L4 11/05/2024 AQUATIC CENTER OP 324.64
SUPPLIES- POOL CLEANER
AMAZON CAPITAL SERVICE 1VMT-H16D-1PFJ 11/05/2024 ED TECH PURCHASE - 0.96
HDMI, SURFACE PEN
Fund 016- SWIM POOL FUND Total: 325.60
Fund: 019 · RECREATION FUND
AMAZON CAPITAL SERVICE 11WQ-HNN4-9YFN 11/05/2024 REC - OPERATING -97.38 SUPPLIES HALLOWEEN 20
AMAZON CAPITAL SERVICE 1KN1-3HD1-HJXY 11/05/2024 REC - OPERATING 218.63 SUPPLIES HALLOWEEN 20
AMAZON CAPITAL SERVICE 1MYP-MA4TL-HFRN 11/05/2024 CITY HALL OFFICE 6.82
SUPPLIES- COUNTERFEIT
AMAZON CAPITAL SERVICE 1TLY-YFYQ-G7HH 11/05/2024 REC OPERATING SUPPLIES 10.81
HALLOWEEN
DECORATIONS
AMAZON CAPITAL SERVICE 1VMT-H16D-1PF 11/05/2024 ED TECH PURCHASE - 0.96
HDMI, SURFACE PEN
Fund 019 • RECREATION FUND Total: 139.84
Fund: 060 - WATER FUND
AMAZON CAPITAL SERVICE 11GR-YVQ9-JFT7 11/05/2024 PW OFFICE SUPPLIES 227.40
EQUIPMENT UPGRADES
AMAZON CAPITAL SERVICE 1KNI-XLTY-NFGG 11/05/2024 PW OFFICE SUPPLIES 5.73 AMAZON CAPITAL SERVICE 1MYP-M4TL-HFRN 11/05/2024 CITY HALL OFFICE 6.80
SUPPLIES - COUNTERFEIT
AMAZON CAPITAL SERVICE 1PM0-WW4C-JKL9 11/05/2024 PW SAW BLADE FOR WALK 102.81 BEHIND
AMAZON CAPITAL SERVICE 1RRG-LMHQ-6YCG 11/05/2024 PW OFFICE SUPPLIES- 118.51
SHELVES
AMAZON CAPITAL SERVICE 1VMT-H16D-1PF] 11/05/2024 ED TECH PURCHASE - 15.91
HDMI, SURFACE PEN
AMAZON CAPITAL SERVICE 1YF1-9JH9-PYK4 11/05/2024 PW OPERATING SUPPLIES 13.28 - CAUTION TAPE
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount AMAZON CAPITAL SERVICE 1YWM-RDQQ-PHLR 11/05/2024 PW WET WEATHER WORK 45.46
BOOTS (RAIN BOOTS)
Fund 060 - WATER FUND Total: 535.90
Fund: 061- SEWER FUND
AMAZON CAPITAL SERVI CE 11GR-YV09-FT7 11/05/2024 PW OFFICE SUPPLIES 227.40
EQUIPMENT UPGRADES
AMAZON CAPITAL SERVICE 1MYP-M4TL-HFRN 11/05/2024 CITY HALL OFFICE 6.82
SUPPLIES - COUNTERFEIT
AMAZON CAPITAL SERVICE 1PMD-WW4C-JKL9 11/05/2024 PW SAW BLADE FOR WALK 102.81 BEHIND
AMAZON CAPITAL SERVICE 1VMT-H16D-1PF 11/05/2024 ED TECH PURCHASE - 16.39
HDMI, SURFACE PEN
AMAZON CAPITAL SERVICE 1YF1-9JH9-PYK4 11/05/2024 PW OPERATING SUPPLIES 13.27 - CAUTION TAPE
AMAZON CAPITAL SERVICE 1YRH-HPXK-4VNX 11/05/2024 WWTP OPERATING 22.61
SUPPLIES -ICE PACKS FOR
SAMPLES
AMAZON CAPITAL SERVICE 1YWM-RDQQ-PHLR 11/05/2024 PW WET WEATHER WORK 45.46
BOOTS (RAIN BOOTS)
Fund 061 - SEWER FUND Total: 434.76
Fund: 062- REFUSE
AMAZON CAPITAL SERVICE 1RRG-LMHQ-6YCG 11/05/2024 PW OFFICE SUPPLIES - 118.51
SHELVES
AMAZON CAPITAL SERVICE 1VMT-H16D-1PF] 11/05/2024 ED TECH PURCHASE - 9.68
HDMI, SURFACE PEN
Fund 062 - REFUSE Total: 128.19
Vendor AMAZON CAPITAL SERVICES, INC. Total: 2,835.10
Vendor: BADGER METER INC.
Fund: 060- WATER FUND
BADGER METER INC. 80171019 11/05/2024 PW WATER METER CLOUD 1,682.10
SERVICE
Fund 060 - WATER FUND Total: 1,682.10
Vendor BADGER METER INC. Total: 1,682.10
Vendor: BAKER SUPPLIES AND REPAIRS
Fund: 001- GENERAL FUND
BAKER SUPPLIES AND REP 97024 11/05/2024 PW BLOWER TROUBLES 35.00
SHOOTING
BAKER SUPPLIES AND REP 97115 11/05/2024 PW BLOWER 595.36
REPLACEMENT
BAKER SUPPLIES AND REP 97120 11/05/2024 PW KNOB REPLACEMNET 67.40
CLEANING SHARPENING
BAKER SUPPLIES AND REP 97234 11/05/2024 PW STRING TIMER LINE 129.90 Fund 001- GENERAL FUND Total: 827.66
Vendor BAKER SUPPLIES AND REPAIRS Total: 827.66
Vendor: BEST BEST & KRIEGER
Fund: 001 - GENERAL FUND
BEST BEST & KRIEGER 1007747 11/05/2024 BBK - CFD Formation for 6,677.50 Katakis Development
BEST BEST & KRIEGER 1006637 11/05/2024 ATTY SVCS- 282.80
TELECOMMUNICATIONS
AUG 2024
BEST BEST & KRIEGER 1007744 11/05/2024 GENERAL LABOR SEPT 202 161.60
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name
BEST BEST & KRIEGER
Payable Number
1007745
Post Date
11/05/2024
Description (Item)
GENERAL RETAINER SEPT
2024
Fund 001- GENERAL FUND Total:
Vendor BEST BEST & KRIEGER Total:
Amount
9,194.00
16,315.90
16,315.90
59.40 Vendor: CALIFORNIA BUILDING STANDARDS COMM!
Fund: 001 - GENERAL FUND
CALIFORNIA BUILDING STA QTR JUL- SEPT 2024 11/05/2024 SB 1473 QTR JUL- SEPT 2024
Fund 001- GENERAL FUND Total: 59.40
Vendor CALIFORNIA BUILDING STANDARDS COMMI Total: 59.40 11/05/2024
11/05/2024
Vendor: CALIFORNIA STATE DISBURSEMENT UNIT
Fund: 099 - PAYROLL TRUST FUND
CALIFORNIA STATE DISBUR PR - 10/11/24
CALIFORNIA STATE DISBUR PR - 10/25/24
PAYROLL DEDUCTIONS
PAYROLL DEDUCTIONS
Fund 099 - PAYROLL TRUST FUND Total:
Vendor CALIFORNIA STATE DISBURSEMENT UNIT Total:
381.69
381.69
763.38
763.38
Vendor: CAPITOL ADVOCACY PARTNERS
Fund: 001 - GENERAL FUND
CAPITOL ADVOCACY PART 2024CAP220
CAPITOL ADVOCACY PART 2024CAP220
CAPITOL ADVOCACY PART 2024CAP220
CAPITOL ADVOCACY PART 2024CAP220
11/05/2024
11/05/2024
11/05/2024
11/05/2024
CAP - USEPA Water Loop
Line and Tank Grant Sept
24 CAP - USEPA Water Loop
Line and Tank Grant Sept
24 CAP - USEPA Water Loop
Line and Tank Grant Sept
24 CAP - USEPA Water Loop
Line and Tank Grant Sept
24 Fund 001 - GENERAL FUND Total:
58.42 58.42
292.10
87.63 496.57
CAP - USEPA Water Loop 87.63
Line and Tank Grant Sept
24 Fund 009 - COMMUNITY CENTER FUND Total: 87.63
11/05/2024
Fund: 009 - COMMUNITY CENTER FUND
CAPITOL ADVOCACY PART 2024CAP220
Fund: 016 -SWIM POOL FUND
CAPITOL ADVOCACY PART 2024CAP220 11/05/2024 CAP - USEPA Water Loop Line and Tank Grant Sept
24 58.42
Fund 016 - SWIM POOL FUND Total: 58.42
87.63 Fund: 019- RECREATION FUND
CAPITOL ADVOCACY PART 2024CAP220 11/05/2024 CAP - USEPA Water Loop Line and Tank Grant Sept
24 Fund 019 - RECREATION FUND Total: 87.63
Fund: 059- STORM DRAIN
CAPITOL ADVOCACY PART 2024CAP220 11/05/2024 CAP - USEPA Water Loop Line and Tank Grant Sept
24 Fund 059 - STORM DRAIN Total:
438.15
438.15
Fund: 060- WATER FUND
CAPITOL ADVOCACY PART 2024CAP220 11/05/2024 CAP - USEPA Water Loop Line and Tank Grant Sept
24 693.75
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number
CAPITOL ADVOCACY PART 2024CAP220
Fund: 061 - SEWER FUND
CAPITOL ADVOCACY PART 2024CAP220
Post Date
11/05/2024
11/05/2024
Description {Item)
CAP - USEPA Water Loop
Line and Tank Grant Sept
24 Fund 060 - WATER FUND Total:
CAP - USEPA Water Loop
Line and Tank Grant Sept
24 Fund 061 - SEWER FUND Total:
Amount
584.20
1,277.95
584.20
584.20
Fund: 062 - REFUSE
CAPITOL ADVOCACY PART 2024CAP220 CAP - USEPA Water Loop Line and Tank Grant Sept
24 Fund 062 - REFUSE Total:
Vendor CAPITOL ADVOCACY PARTNERS Total:
584.20
584.20
3,614.75
11/05/2024
Vendor: CINTAS CORPORATION #3
Fund: 001 - GENERAL FUND
CINTAS CORPORATION #3 4207070378
CINTAS CORPORATION #3 4207070378
CINTAS CORPORATION #3 4207741998
CINTAS CORPORATION #3 4207741998
11/05/2024
11/05/2024
11/05/2024
11/05/2024
PW UNIFORM
ALLOWANCE/ CUSTODIAL
SUPPLIES
PW UNIFORM
ALLOWANCE/ CUSTODIAL
SUPPLIES
PW UNIFORM
ALLOWANCE/ CUSTODIAL
SUPPLIES
PW UNIFORM
ALLOWANCE/ CUSTODIAL
SUPPLIES
Fund 001- GENERAL FUND Total:
24.69 81.29
24.69 81.29
211.96
Fund: 059 - STORM DRAIN
CINTAS CORPORATION #3 4207070378
CINTAS CORPORATION #3 4207741998
11/05/2024
11/05/2024
PW UNIFORM
ALLOWANCE/ CUSTODIAL
SUPPLIES
PW UNIFORM
ALLOWANCE/ CUSTODIAL
SUPPLIES
Fund 059 - STORM DRAIN Total: 36.72
18.36 18.36
Fund: 060 - WATER FUND
CINTAS CORPORATION #3 4207070378
CINTAS CORPORATION #3 4207070378
CINTAS CORPORATION #3 4207741998
CINTAS CORPORATION #3 4207741998
Fund: 061 - SEWER FUND
CINTAS CORPORATION #3 4207070378
11/05/2024
11/05/2024
11/05/2024
11/05/2024
11/05/2024
PW UNIFORM
ALLOWANCE/ CUSTODIAL
SUPPLIES
PW UNIFORM
ALLOWANCE/ CUSTODIAL
SUPPLIES
PW UNIFORM
ALLOWANCE/ CUSTODIAL
SUPPLIES
PW UNIFORM
ALLOWANCE/ CUSTODIAL
SUPPLIES
Fund 060 - WATER FUND Total:
PW UNIFORM
ALLOWANCE / CUSTODIAL
SUPPLIES
51.51 126.80
51.51 126.80
356.62
61.45
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount CINTAS CORPORATION #3 4207070378 11/05/2024 PW UNIFORM 139.24
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4207741998 11/05/2024 PW UNIFORM 61.45
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4207741998 11/05/2024 PW UNIFORM 139.24
ALLOWANCE/ CUSTODIAL
SUPPLIES
Fund 061 - SEWER FUND Total: 401.38
Vendor CINTAS CORPORATION #3 Total: 1,006.68
Vendor: COMCAST BUSINESS SERVICES
Fund: 001 - GENERAL FUND
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 2.64 SEPT 30, 2024
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 2.64 SEPT 30, 2024
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 2.64 SEPT 30, 2024
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 2.64 SEPT 30, 2024
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 528.78 SEPT 30, 2024
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 2.64 SEPT 30, 2024
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 2.64 SEPT 30, 2024
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 2.64 SEPT 30, 2024
Fund 001- GENERAL FUND Total: 547.26
Fund: 009 - COMMUNITY CENTER FUND
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 10.58 SEPT 30, 2024
Fund 009- COMMUNITY CENTER FUND Total: 10.58
Fund: 016- SWIM POOL FUND
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 10.58 SEPT 30, 2024
Fund 016- SWIM POOL FUND Total: 10.58
Fund: 019 - RECREATION FUND
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 10.58 SEPT 30, 2024
Fund 019 - RECREATION FUND Total: 10.58
Fund: 060 - WATER FUND
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 185.07 SEPT 30, 2024
Fund 060 - WATER FUND Total: 185.07
Fund: 061 - SEWER FUND
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 185.07 SEPT 30, 2024
Fund 061- SEWER FUND Total: 185.07
Fund: 062 - REFUSE
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 105.76 SEPT 30, 2024
Fund 062 - REFUSE Total: 105.76
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount Fund: 063 - AIRPORT FUND
COMCAST BUSINESS SERVI 219083333 11/05/2024 INTERNET SERVICE UP TO 2.65 SEPT 30, 2024
Fund 063 - AIRPORT FUND Total: 2.65
Vendor COMCAST BUSINESS SERVICES Total: 1,057.55
Vendor: DANIEL GOMES
Fund: 016 - SWIM POOL FUND
DANIEL GOMES 24-127 11/05/2024 AQUATIC CENTER BACK TO 350.00
SCHOOL NIGHT
DANIEL GOMES 24-128 11/05/2024 AQUATICS CENTER JAWS 350.00 NIGHT
Fund 016 - SWIM POOL FUND Total: 700.00
Fund: 047 - FIREWORKS
DANIEL GOMES 24-126 11/05/2024 4TH OF JULY CELEBRATION 175.00 DANIEL GOMES 24-126 11/05/2024 4TH OF JULY CELEBRATION 300.00 Fund 047 - FIREWORKS Total: 475.00
Vendor DANIEL GOMES Total: 1,175.00
Vendor: DAVID J FRANCIS
Fund: 001- GENERAL FUND
DAVID J FRANCIS 4118 11/05/2024 PW INSTALLATION 9,373.64
IRRIGATION TIMER AT
SCHMIDT PARK
DAVID J FRANCIS 4120 11/05/2024 BORELLI PARK LIGHTING 716.19
RETROFIT & REPLACE BUL
Fund 001 - GENERAL FUND Total: 10,089.83
Fund: 060 - WATER FUND
DAVID J FRANCIS 4119 11/05/2024 WATER CONTAINER 630.08
ELECTICRAL WOOK UP
FOR INTER.
Fund 060 - WATER FUND Total: 630.08
Fund: 061 - SEWER FUND
DAVID J FRANCIS 4107 11/05/2024 PW TROUBLESHOOTING & 7,225.00
REPAIRS TO DISCONNECT
DAVID J FRANCIS 4111 11/05/2024 WWTP 6" TRAILER PUMP 4,118.42
MAINTENANCE & REPAIRS
DAVID J FRANCIS 4119 11/05/2024 WATER CONTAINER 630.07
ELECTICRAL WOOK UP
FOR INTER.
DAVID J FRANCIS 4121 11/05/2024 WWTP A/C UNIT REAPIRS 4,668.69 Fund 061- SEWER FUND Total: 16,642.18
Vendor DAVID J FRANCIS Total: 27,362.09
Vendor: DAVID TAUSSIG AND ASSOCIATES, INC
Fund: O01 - GENERAL FUND
DAVID TAUSSIG AND ASSO 2408040 11/05/2024 DTA - CFO Formation for 7,694.10 Katakis Dev thru Aug 2024
Fund 001- GENERAL FUND Total: 7,694.10
Vendor DAVID TAUSSIG AND ASSOCIATES, INC Total: 7,694.10 Vendor: DEPT OF CONSERVATION
Fund: 001 - GENERAL FUND
DEPT OF CONSERVATION QTR JUL - SEPT 2024 11/05/2024 PLANNING SEPT SEISMIC 87.13 FEE QTR JUL- SEPT 2024
Fund 001 - GENERAL FUND Total: 87.13
Vendor DEPT OF CONSERVATION Total: 87.13
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: ENVIRONMENTAL.COM LLC
Fund: 060 - WATER FUND
ENVIRONMENTAL.COM LL 9123-16289 11/05/2024 PW WATER LABS 295.00 09/12/2024
ENVIRONMENTAL.COM LL 9123-16320 11/05/2024 PW WATER LABS 160.00 9/19/2024
ENVIRONMENTAL.COM LL 9123-16321 11/05/2024 PW WATER LABS 50.00 9/19/2024
ENVIRONMENTAL.COM LL 9123-16348 11/05/2024 PW WATER LABS 426.00 9/12/2024
ENVIRONMENTAL.COM LL 9123-16481 11/05/2024 PW WATER LABS 245.00 9/26/2024
ENVIRONMENTAL.COM LL 9123-16577 11/05/2024 PW WATER LABS 48.00 10/03/2024
---- Fund 060 - WATER FUND Total: 1,224.00
Vendor ENVIRONMENTAL.COM LLC Total: 1,224.00
Vendor: FOSTER'S PUMPS INC.
Fund: 060 - WATER FUND
FOSTER'S PUMPS INC. 28932 11/05/2024 PW REPACKING OF WELL 512.19 #5
Fund 060 - WATER FUND Total: 512.19
Vendor FOSTER'S PUMPS INC. Total: 512.19
Vendor: GOUVEIA ENGINEERING INC
Fund: 001 - GENERAL FUND
GOUVEIA ENGINEERING I 16655 11/05/2024 SCHMIDT PARK PATH 82.43 REHABILITATION SEPT 202
Fund 001 - GENERAL FUND Total: 82.43
Fund: 010- GAS TAX 2105 FUND
GOUVEIA ENGINEERING I 16640 11/05/2024 MISCELLANEOUS 1,628.29 MEETINGS SEPT 2024
GOUVEIA ENGINEERING I 16659 11/05/2024 CMAQAPPLICATIONS SEPT 576.98 2024
Fund 010-GAS TAX 2105 FUND Total: 2,205.27
Fund: 020 - CMAQ
GOUVEIA ENGINEERING I 16536 11/05/2024 ROUNABOUT SR 140/33 38,816.16 AUG 2024
GOUVEIA ENGINEERING I 16537 11/05/2024 ROUNDABOUT SST -4AVE 38.10 AUG 2024
GOUVEIA ENGINEERING I 16538 11/05/2024 PED IMPRV NORTH AVE 1,106.60 AUG 2024
GOUVEIA ENGINEERING I 16539 11/05/2024 PED IMPRV NORTH AVE 197.12 AUG 2024
GOUVEIA ENGINEERING I 16540 11/05/2024 EAST AVE SIDEWALK AUG 38.10 2024
GOUVEIA ENGINEERING I 16541 11/05/2024 PH Ill MULTIUSE PATH AUG 38.10 2024
GOUVEIA ENGINEERING I 16648 11/05/2024 ROUNDABOUT SR 140/33 27,306.96 SEPT 2024
GOUVEIA ENGINEERING I 16649 11/05/2024 ROUNDABOUT 5ST-4AVE 20.89 SEPT2024
GOUVEIA ENGINEERING I 16650 11/05/2024 PED IMPRV NORTH AVE 4,434.19 SEPT 2024
GOUVEIA ENGINEERING I 16651 11/05/2024 EAST AVE SIDEWALK SEPT 20.89 2024
Warrant list Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount GOUVEIA ENGINEERING I 16652 11/05/2024 PH Ill MULTIUSE PATH 20.89 SEPT 2024
Fund 020 - CMAQ Total: 72,038.00
Fund: 060 - WATER FUND
GOUVEIA ENGINEERING I 16549 11/05/2024 EPA GRANT APPLICATION 493.50 AUG 2024
GOUVEIA ENGINEERING I 16645 11/05/2024 PW DEPARTMENT 5,709.38 SUPPORT SEPT 2024
Fund 060 - WATER FUND Total: 6,202.88
Fund: 061 - SEWER FUND
GOUVEIA ENGINEERING I 16529 11/05/2024 MISCELLANEOUS 575.98 MEETINGS AUG 2024
GOUVEIA ENGINEERING I 16534 11/05/2024 SEWER GENERAL AUG 202 502.43 GOUVEIA ENGINEERING I 16647 11/05/2024 WASTEWATER 5,977.13
TREATMENT FACILITIES OP
Fund 061 - SEWER FUND Total: 7,056.54
Fund: 063 - AIRPORT FUND
GOUVEIA ENGINEERING I 16544 11/05/2024 PAVEMENT 90.40
MANAGEMENT PROGRAM
Fund 063 - AIRPORT FUND Total: 90.40
Fund: 064 - SEWER CAPITAL FUND
GOUVEIA ENGINEERING I 16646 11/05/2024 NORTH AVE PUMP 85.05
STATION IMPROVE SEPT
2024
Fund 064 - SEWER CAPITAL FUND Total: 85.05
Fund: 200 - REGIONAL MEASURE V
GOUVEIA ENGINEERING I 16536 11/05/2024 ROUNABOUT SR 140/33 5,029.04 AUG 2024
GOUVEIA ENGINEERING I 16648 11/05/2024 ROUNDABOUT SR 140/33 3,537.91 SEPT 2024
Fund 200 - REGIONAL MEASURE V Total: 8,566.95
Fund: 201 - MEASURE V
GOUVEIA ENGINEERING I 16542 11/05/2024 RAILROAD AVE PAVEMENT 7,280.25 REHAB AUG 2024
GOUVEIA ENGINEERING I 16649 11/05/2024 ROUNDABOUT 5ST-4AVE 2.71 SEPT 2024
GOUVEIA ENGINEERING I 16653 11/05/2024 RAILROAD AVE PAVEMENT 5,342.90 REHAB SEPT 2024
Fund 201 - MEASURE V Total: 12,625.86
Fund: 202 - ALT MODES MEASURE V
GOUVEIA ENGINEERING I 16537 11/05/2024 ROUNDABOUT SST -4AVE 4.94 AUG 2024
GOUVEIA ENGINEERING I 16538 11/05/2024 PED IMPRV NORTH AVE 143.37 AUG 2024
GOUVEIA ENGINEERING I 16539 11/05/2024 PED IMPRV NORTH AVE 25.54 AUG 2024
GOUVEIA ENGINEERING I 16540 11/05/2024 EAST AVE SIDEWALK AUG 4.94 2024
GOUVEIA ENGINEERING I 16541 11/05/2024 PH 111 MULTI USE PATH AUG 4.94 2024
GOUVEIA ENGINEERING I 16543 11/05/2024 PRE-E76 LUCERN AVE 82.43 SIDEWALK IMP AUG 2024
GOUVEIA ENGINEERING I 16650 11/05/2024 PED IMPRV NORTH AVE 574.50 SEPT 2024
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date
GOUVEIA ENGINEERING I 16651
GOUVEIA ENGINEERING I 16652
11/05/2024
11/05/2024
Description (Item)
EAST AVE SIDEWALK SEPT
2024
PH Ill MULTIUSE PATH
SEPT2024
Fund 202 - ALT MODES MEASURE V Total:
Amount
2.71 2.71
846.08
82.43 82.43
Vendor GOUVEIA ENGINEERING INC Total: 109,881.89
11/05/2024 SB1 IMPROVEMENTS SEPT
2024
Fund 203 - SB1 - ROAD REPAIR/LOCAL STREETS 2017 ACT Total:
Fund: 203 - SB1 - ROAD REPAIR/LOCAL STREETS 2017 ACT
GOUVEIA ENGINEERING I 16654
Vendor: GUERREROS TIRE AND AUTO REPAIR INC.
Fund: 060 - WATER FUND
GUERREROS TIRE AND AU 10/07/2024 11/05/2024 PW OPERATING SUPPLIES
TIRES FOR VARIOUS
EQUIPMENT
Fund 060 - WATER FUND Total:
946.00
946.00
11/05/2024
Fund: 061 - SEWER FUND
GUERREROS TIRE AND AU 10/07/2024 PW OPERATING SUPPLIES
TIRES FOR VARIOUS
EQUIPMENT
Fund 061 - SEWER FUND Total:
Vendor GUERREROS TIRE AND AUTO REPAIR INC. Total:
946.00
946.00
1,892.00
11/05/2024
11/05/2024
Vendor: HALYCON CREEK INC. (OBA MID VALLEY I.T.)
Fund: O01 - GENERAL FUND
HALYCON CREEK INC. (DBA 2021446595
HALYCON CREEK INC. (DBA 202144710
PD DESKTOP
REPLACEMENT
CIP#25IT0003
PD MONTHLY I.T OCTOBER
2024
Fund OO1 - GENERAL FUND Total:
Vendor HALYCON CREEK INC. (DBA MID VALLEY I.T.) Total:
9,233.61
2,347.24
11,580.85
11,580.85
Vendor: HD SUPPLY INC.
Fund: 060 - WATER FUND
HD SUPPLY INC. INV00486702 11/05/2024
HD SUPPLY INC. INV00486841 11/05/2024
HD SUPPLY INC. INV00502394 11/05/2024
Fund: 061 - SEWER FUND
HD SUPPLY INC. INV00486824 11/05/2024
Vendor: HERC RENTALS INC
Fund: 060 · WATER FUND
HERC RENTALS INC
Vendor: IEH-JL ANALYTICAL
Fund: 061 · SEWER FUND
IEH-JLANALYTICAL
34975812-001
650262
11/05/2024
11/05/2024
PW CHLORINATOR 808.50
REPAIRS PARTS HARDWAR
PW CHLORINATOR 121.67
REPAIRS PARTS FITTINGS
PW LOCATING PROBES 422.30
Fund 060 - WATER FUND Total: 1,352.47
WWTP MAGNETIC METER 20.34
REPLACEMENT HARDWAR
Fund 061 - SEWER FUND Total: 20.34
Vendor HD SUPPLY INC. Total: 1,372.81
PW ASPHALT/ CONCRETE 3,471.92
WALK BEHIND SAW
Fund 060 - WATER FUND Total: 3,471.92
Vendor HERC RENTALS INC Total: 3,471.92
PW WWTP LABS 09/05/24 912.50
- 09/20/24
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item] Amount IEH-JL ANALYTICAL 652471 11/05/2024 WWTP LABS 09/26/2024 146.00 Fund 061- SEWER FUND Total: 1,058.50
Vendor IEH-JL ANALYTICAL Total: 1,058.50
Vendor: INFOSEND, INC
Fund: 001- GENERAL FUND
INFOSEND, INC 271771 11/05/2024 UTILITY BILLING 08/23/24 51.48 - 09/23/24
INFOSEND, INC 271771 11/05/2024 UTILITY BILLING 08/23/24 30.91 - 09/23/24
-
Fund 001 - GENERAL FUND Total: 82.39
Fund: 059 -STORM DRAIN
INFOSEND, INC 271771 11/05/2024 UTILITY BILLING 08/23/24 20.59 - 09/23/24
INFOSEND, INC 271771 11/05/2024 UTILITY BILLING 08/23/24 12.36 - 09/23/24
Fund 059 -STORM DRAIN Total: 32.95
Fund: 060 - WATER FUND
INFOSEND, INC 271771 11/05/2024 UTILITY BILLING 08/23/24 339.77 -09/23/24
INFOSEND, INC 271771 11/05/2024 UTILITY BILLING 08/23/24 203.98 - 09/23/24
Fund 060 - WATER FUND Total: 543.75
Fund: 061- SEWER FUND
INFOSEND, INC 271771 11/05/2024 UTILITY BILLING 08/23/24 339.77 - 09/23/24
INFOSEND, INC 271771 11/05/2024 UTILITY BILLING 08/23/24 203.98 - 09/23/24
Fund 061 - SEWER FUND Total: 543.75
Fund: 062 - REFUSE
INFOSEND, INC 271771 11/05/2024 UTILITY BILLING 08/23/24 278.00 - 09/23/24
INFOSEND, INC 271771 11/05/2024 UTILITY BILLING 08/23/24 166.90 - 09/23/24
Fund 062 - REFUSE Total: 444.90
Vendor INFOSEND, INC Total: 1,647.74
Vendor: JANET C WILSON
Fund: 060 - WATER FUND
JANET C WILSON NOVEMBER 2024 11/05/2024 LOAN PAYMENT 490.71 NOVEMBER 2024
JANET C WILSON NOVEMBER 2024 11/05/2024 LOAN PAYMENT 148.85 NOVEMBER 2024
Fund 060 - WATER FUND Total: 639.56
Fund: 061 - SEWER FUND
JANET C WILSON NOVEMBER 2024 11/05/2024 LOAN PAYMENT 490.72 NOVEMBER 2024
JANET C WILSON NOVEMBER 2024 11/05/2024 LOAN PAYMENT 148.85 NOVEMBER 2024
Fund 061 - SEWER FUND Total: 639.57
Vendor JANET C WILSON Total: 1,279.13
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: JASON D GOINS
Fund: 001- GENERAL FUND
JASON D GOINS 2024-27 11/05/2024 PD RESERVE PO 1,356.48
BACKGROUND
Fund O01- GENERAL FUND Total: 1,356.48
- -
Vendor JASON D GOINS Total: 1,356.48
Vendor: JIMMY PAUL VIERRA
Fund: 060 - WATER FUND
JIMMY PAUL VIERRA NOVEMBER 2024 11/05/2024 LOAN PAYMENT 490.71 NOVEMBER 2024
JIMMY PAUL VIERRA NOVEMBER 2024 11/05/2024 LOAN PAYMENT 148.85 NOVEMBER 2024
Fund 060 - WATER FUND Total: 639.56
Fund: 061 - SEWER FUND
JIMMY PAUL VIERRA NOVEMBER 2024 11/05/2024 LOAN PAYMENT 490.72 NOVEMBER 2024
JIMMY PAUL VIERRA NOVEMBER 2024 11/05/2024 LOAN PAYMENT 148.85 NOVEMBER 2024
Fund 061- SEWER FUND Total: 639.57
Vendor JIMMY PAUL VIERRA Total: 1,279.13
Vendor: KEENAN & ASSOCIATES
Fund: O01- GENERAL FUND
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 434.11 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 1,724.48 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 180.44 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 137.52 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 11,053.81 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 947.19 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 1,076.10 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 1,811.69 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 349.56 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 576.71 2024
Fund 001 - GENERAL FUND Total: 18,291.61
Fund: 009- COMMUNITY CENTER FUND
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 432.25 2024
Fund 009 - COMMUNITY CENTER FUND Total: 432.25
Fund: 010- GAS TAX 2105 FUND
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 434.11 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 271.24 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 315.73 2024
Fund 010- GAS TAX 2105 FUND Total: 1,021.08
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount Fund: 016 - SWIM POOL FUND
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 947.19 2024
Fund 016 - SWIM POOL FUND Total: 947.19
Fund: 017-CITY WIDE LIGHTING & LAND
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 18.34 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 347.29 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 1,432.24 2024
Fund 017-CITY WIDE LIGHTING & LAND Total: 1,797.87
Fund: 019 - RECREATION FUND
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 349.56 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 1,364.40 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 1,931.94 2024
Fund 019 - RECREATION FUND Total: 3,645.90
Fund: 059 - STORM DRAIN
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 4.58 2024
Fund 059 - STORM DRAIN Total: 4.58
Fund: 060 - WATER FUND
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 142.11 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 3,356.36 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 815.63 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 206.73 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 202.18 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 349.56 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 2,523.71 2024
Fund 060- WATER FUND Total: 7,596.28
Fund: 061- SEWER FUND
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 142.11 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 3,312.02 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 1,444.83 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 289.42 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 202.18 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 116.52 2024
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 5,801.28 2024
Fund 061- SEWER FUND Total: 11,308.36
Fund: 062 - REFUSE
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 4.58 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 86.82 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 466.07 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 41.35 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 106.76 2024
Fund 062 - REFUSE Total: 705.58
Fund: 063 - AIRPORT FUND
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 9.17 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 150.34 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 93.20 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 57.90 2024
KEENAN & ASSOCIATES NOVEMBER 2024 10/27/2024 HEALTH INSURANCE NOV 233.03 2024
Fund 063 - AIRPORT FUND Total: 543.64
Vendor KEENAN & ASSOCIATES Total: 46,294.34
Vendor: KEITH FAULDER
Fund: 001 - GENERAL FUND
KEITH FAULDER NOVEMBER 2024 11/05/2024 LEASE AGREEMENT 133.32 NOVEMBER 2024
Fund 001- GENERAL FUND Total: 133.32
Fund: 060 - WATER FUND
KEITH FAULDER NOVEMBER 2024 11/05/2024 LEASE AGREEMENT 133.36 NOVEMBER 2024
Fund 060 - WATER FUND Total: 133.36
Fund: 061 - SEWER FUND
KEITH FAULDER NOVEMBER 2024 11/05/2024 LEASE AGREEMENT 133.32 NOVEMBER 2024
Fund 061- SEWER FUND Total: 133.32
Vendor KEITH FAULDER Total: 400.00
Vendor: LA FAMILIA
Fund:001-GENERALFUND
LA FAMILIA CIT017 11/05/2024 PD MENTAL HEALTH 12,462.67 SPECIALIST SEPT 2024
Fund 001 - GENERAL FUND Total: 12,462.67
Vendor LA FAMILIA Total: 12,462.67
Vendor: LANGUAGE LINE SERVICES
Fund: 001- GENERAL FUND
LANGUAGE LINE SERVICES 11414432 11/05/2024 PD LANGUAGUE LINE 204.05
ASSISTANCE
Fund 001- GENERAL FUND Total: 204.05
Vendor LANGUAGE LINE SERVICES Total: 204.05
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Amount
1,783.31
1,783.31
1,783.31
Description (Item)
LAFCO FY 2023/24
ANNUAL OPERATING COST
Fund 001 • GENERAL FUND Total:
Vendor LOCAL AGENCY FORMATION COMMISSION- MERCED COUNTY Total:
Vendor Name Payable Number Post Date
Vendor: LOCAL AGENCY FORMATION COMMISSION· MERCED COUNTY Fund: 001 - GENERAL FUND
LOCAL AGENCY FORMATIO LAFCO ANNUAL FY 23/24 11/05/2024
Vendor: MICHELE BARTHOLOMA
Fund: 001 - GENERAL FUND
MICHELE BARTHOLOMA 425316 11/05/2024 FD CUT OFF SAW E-306 83.06 Fund 001- GENERAL FUND Total: 83.06
Vendor MICHELE BARTHOLOMA Total: 83.06
Vendor: MID-VALLEY DISPOSAL LLC
Fund: 001 - GENERAL FUND
MID-VALLEY DISPOSAL LLC 3066091 11/05/2024 PW GREEN WASTE BIN
EXCHANGES
Fund 001 - GENERAL FUND Total:
5,126.29
5,126.29
Fund: 061- SEWER FUND
MID-VALLEY DISPOSAL LLC 3066433 11/05/2024 PW REFUSE BIN RENTAL ATWWTP
Fund 061 - SEWER FUND Total:
450.00
450.00
Fund: 062 - REFUSE
MID-VALLEY DISPOSAL LLC 9/23/2024 11/05/2024 REFUSE SERVICES 08/24/24- 09/23/24
Fund 062 - REFUSE Total:
Vendor MID-VALLEY DISPOSAL LLC Total:
62,315.30
62,315.30
67,891.59
11/05/2024
Vendor: MUNICIPAL EMERGENCY SERVICES, INC.
Fund: 001 - GENERAL FUND
MUNICIPAL EMERGENCY S IN2122194 FD E-306 5 AMP BATTERY
Fund 001- GENERAL FUND Total:
Vendor MUNICIPAL EMERGENCY SERVICES, INC. Total:
711.91
711.91
711.91
Vendor: NEWMAN ACE HARDWARE
Fund: 001- GENERAL FUND
NEWMAN ACE HARDWAR 4925 11/05/2024 PW OPERATING SUPPLIES - CHAIN
Fund 001- GENERAL FUND Total:
Vendor NEWMAN ACE HARDWARE Total:
33.43 33.43
33.43 Vendor: NEWMAN CITY TOW
Fund: 001- GENERAL FUND
NEWMAN CITY TOW 141819 11/05/2024 PD PRIUS TOWING
SERVICES
Fund 001 - GENERAL FUND Total:
Vendor NEWMAN CITY TOW Total:
280.00
280.00
280.00
11/05/2024
Vendor: OPERATING ENGINEERS LOCAL #3
Fund: 099- PAYROLL TRUST FUND
OPERATING ENGINEERS L PR- 10/11/24 PAYROLL DEDUCTIONS
Fund 099 - PAYROLL TRUST FUND Total:
Vendor OPERATING ENGINEERS LOCAL #3 Total:
280.00
280.00
280.00
11/05/2024
11/05/2024
Vendor: O'REILLY AUTO ENTERPRISES, LLC
Fund: 060- WATER FUND
O'REILLY AUTO ENTERPRIS 5718-404640
O'REILLY AUTO ENTERPRIS 5718-404668
PW TOWING EQUIPMENT
PW TOWING EQUIPMENT
Fund 060 - WATER FUND Total:
Vendor O'REILLY AUTO ENTERPRISES, LLC Total:
88.20 67.09
155.29
155.29
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: PACE SUPPLY CORP
Fund: 060 - WATER FUND
PACE SUPPLY CORP 059834016-1 11/05/2024 PW B30 BOX LIDS 490.10 PACE SUPPLY CORP 059851061 11/05/2024 PW METER SPLICE KITS 234.43 PACE SUPPLY CORP 059851061-1 11/05/2024 METERS AND ENDPOINTS 1,493.85 (WATER)
PACE SUPPLY CORP 199868241 11/05/2024 PW DISTRIBUTION PIPE 394.70
REPAIR BANDS
PACE SUPPLY CORP 199893973 11/05/2024 WATER DEPARTMENT 4,365.72
REPAIR FITTINGS
Fund 060 - WATER FUND Total: 6,978.80
Vendor PACE SUPPLY CORP Total: 6,978.80
Vendor: PACIFIC STAR CHEMICAL, LLC.
Fund: 060 - WATER FUND
PACIFIC STAR CHEMICAL, L 293376 11/05/2024 WELL #6 DISINFECTION 1,302.09
CHEMICALS
Fund 060 - WATER FUND Total: 1,302.09
Vendor PACIFIC STAR CHEMICAL, LLC. Total: 1,302.09
Vendor: POLICE OFFICERS ASSOC
Fund: 099 - PAYROLL TRUST FUND
POLICE OFFICERS ASSOC PR - 10/11/24 11/05/2024 PAYROLL DEDUCTIONS 480.00 POLICE OFFICERS ASSOC PR - 10/25/24 11/05/2024 PAYROLL DEDUCTIONS 480.00 Fund 099 - PAYROLL TRUST FUND Total: 960.00
Vendor POLICE OFFICERS ASSOC Total: 960.00
Vendor: PUBLIC EMP RETIREMENT SYSTEM
Fund: 001- GENERAL FUND
PUBLIC EMP RETIREMENT PR 10.11.24 - GASB 11/05/2024 GASB 68 REPORTING 56.00
SERVICES FEE
Fund 001- GENERAL FUND Total: 56.00
Fund: 017 - CITY WIDE LIGHTING & LAND
PUBLIC EMP RETIREMENT PR 10.11.24 - GA58 11/05/2024 GASB 68 REPORTING 56.00
SERVICES FEE
Fund 017 - CITY WIDE LIGHTING & LAND Total: 56.00
Fund: 059 - STORM DRAIN
PUBLIC EMP RETIREMENT PR 10.11.24 - GA5B 11/05/2024 GASB 68 REPORTING 42.00
SERVICES FEE
-----
Fund 059 • STORM DRAIN Total: 42.00
Fund: 060 - WATER FUND
PUBLIC EMP RETIREMENT PR 10.11.24 - GASB 11/05/2024 GASB 68 REPORTING 560.00
SERVICES FEE
Fund 060 - WATER FUND Total: 560.00
Fund: 061 - SEWER FUND
PUBLIC EMP RETIREMENT PR 10.11.24 - GASB 11/05/2024 GASB 68 REPORTING 560.00
SERVICES FEE
Fund 061 - SEWER FUND Total: 560.00
Fund: 062 - REFUSE
PUBLIC EMP RETIREMENT PR 10.11.24 - GA58 11/05/2024 GASB 68 REPORTING 56.00
SERVICES FEE
Fund 062 - REFUSE Total: 56.00
Fund: 063 - AIRPORT FUND
PUBLIC EMP RETIREMENT PR 10.11.24 -GA5B 11/05/2024 GASB 68 REPORTING 70.00
SERVICES FEE
Fund 063 - AIRPORT FUND Total: 70.00
Post Dates: 10/16/2024 - 11/05/2024
Amount
895.16
3,258.83
2,323.53
1,533.15
3,309.33
2,325.13
895.16
3,257.31
2,249.93
1,533.15
3,307.78
2,251.49
27,139.95
28,539.95
Description (Item)
RETIREMENT
CONTRIBUTIONS
RETIREMENT
CONTRIBUTIONS
RETIREMENT
CONTRIBUTIONS
RETIREMENT
CONTRIBUTIONS
RETIREMENT
CONTRIBUTIONS
RETIREMENT
CONTRIBUTIONS
RETIREMENT
CONTRIBUTIONS
RETIREMENT
CONTRIBUTIONS
RETIREMENT
CONTRIBUTIONS
RETIREMENT
CONTRIBUTIONS
RETIREMENT
CONTRIBUTIONS
RETIREMENT
CONTRIBUTIONS
Fund 099 - PAYROLL TRUST FUND Total:
Vendor PUBLIC EMP RETIREMENT SYSTEM Total:
Warrant List
Vendor Name Payable Number Post Date
Fund: 099- PAYROLL TRUST FUND
PUBLIC EMP RETIREMENT PR- 10/11/24 EE CLASSIC 11/05/2024 PUBLIC EMP RETIREMENT PR - 10/11/24 EE PEPRA M 11/05/2024 PUBLIC EMP RETIREMENT PR -10/11/24 EE PEPRA S 11/05/2024 PUBLIC EMP RETIREMENT PR- 10/11/24 ER CLASSIC 11/05/2024 PUBLIC EMP RETIREMENT PR- 10/11/24 ER PEPRA M 11/05/2024 PUBLIC EMP RETIREMENT PR - 10/11/24 ER PEPRA S 11/05/2024 PUBLIC EMP RETIREMENT PR - 10/25/24 EE CLASSIC 11/05/2024 PUBLIC EMP RETIREMENT PR - 10/25/24 EE PEPRA M 11/05/2024 PUBLIC EMP RETIREMENT PR- 10/25/24 EE PEPRA S 11/05/2024 PUBLIC EMP RETIREMENT PR - 10/25/24 ER CLASSIC 11/05/2024 PUBLIC EMP RETIREMENT PR - 10/25/24 ER PEPRA M 11/05/2024 PUBLIC EMP RETIREMENT PR- 10/25/24 ER PEPRA S 11/05/2024 11/05/2024
Vendor: REDSTONE CONSTRUCTION INC
Fund: 060 - WATER FUND
REDSTONE CONSTRUCTIO 2421 PW HYDRANT
REPLACEMENT PROJECT
Fund 060 - WATER FUND Total:
Vendor REDSTONE CONSTRUCTION INC Total:
42,884.00
42,884.00
42,884.00
Vendor: SAFE T LITE
Fund: 001- GENERAL FUND
SAFETLITE
SAFE T LITE
400339
400535
11/05/2024
11/05/2024
PW OPERATING SUPPLIES
- TRAFFIC SIGNS
PW OPERATING SUPPLIES
- TRAFFIC SIGNS
Fund 001- GENERAL FUND Total:
Vendor SAFE T LITE Total:
74.43 74.43
148.86
148.86
Vendor: SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT Fund: 060 - WATER FUND
SAN JOAQUIN VALLEY UNI N165134 11/05/2024 PW WELL #7 GENERATOR
OPERATING PERMIT
Fund 060 - WATER FUND Total:
Vendor SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT Total:
290.00
290.00
290.00
Vendor: SHRED-IT
Fund: 001 - GENERAL FUND
SHRED-IT
SHRED-IT
SHRED-IT
8008615623
8008615623
8008615623
11/05/2024
11/05/2024
11/05/2024
SHRED SERVICE
09/10/2024
SHRED SERVICE
09/10/2024
SHRED SERVICE
09/10/2024
6.46 10.77
6.46
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount SHRED-IT 8008615623 11/05/2024 SHRED SERVICE 86.18
09/10/2024
SHRED-IT 8008615623 11/05/2024 SHRED SERVICE 2.15
09/10/2024
Fund 001 - GENERAL FUND Total: 112.02
Fund: 019 - RECREATION FUND
SHRED-IT 8008615623 11/05/2024 SHRED SERVICE 6.47
09/10/2024
Fund 019- RECREATION FUND Total: 6.47
Fund: 060 - WATER FUND
SHRED-IT 8008615623 11/05/2024 SHRED SERVICE 43.09
09/10/2024
----
Fund 060- WATER FUND Total: 43.09
Fund: 061- SEWER FUND
SHRED-IT 8008615623 11/05/2024 SHRED SERVICE 43.09
09/10/2024
Fund 061 - SEWER FUND Total: 43.09
Fund: 062 - REFUSE
SHRED-IT 8008615623 11/05/2024 SHRED SERVICE 10.77
09/10/2024
Fund 062 - REFUSE Total: 10.77
Vendor SHRED-IT Total: 215.44
Vendor: SIJ HOLDINGS, LLC
Fund: 001 - GENERAL FUND
SU HOLDINGS, LLC 261524 11/05/2024 RECRUITMENT ADS 2024 200.00 SU HOLDINGS, LLC 261524 11/05/2024 RECRUITMENT ADS 2024 500.00 Fund 001- GENERAL FUND Total: 700.00
Fund: 061 - SEWER FUND
SU HOLDINGS, LLC 261524 11/05/2024 RECRUITMENT ADS 2024 288.50 Fund 061- SEWER FUND Total: 288.50
Vendor SU HOLDINGS, LLC Total: 988.50
Vendor: STATE OF CALIFORNIA DEPT OF JUSTICE
Fund: 001 - GENERAL FUND
STATE OF CALIFORNIA DEP 769355 11/05/2024 PD LIVE SCANS SEPT 2024 371.00 Fund 001- GENERAL FUND Total: 371.00
Vendor STATE OF CALIFORNIA DEPT OF JUSTICE Total: 371.00 Vendor: STATE STREET BANK & TRUST COMPANY
Fund: 099 - PAYROLL TRUST FUND
STATE STREET BANK & TRU PR - 10/11/24
STATE STREET BANK & TRU PR - 10.11.24
STATE STREET BANK & TRU PR - 10/25/24
STATE STREET BANK & TRU PR -10.25.24
Vendor: TESLA ENERGY OPERATIONS, INC
Fund: 061 - SEWER FUND
TESLA ENERGY OPERATIO 34807423
PAYROLL DEDUCTIONS
PAYROLL DEDUCTIONS
PAYROLL DEDUCTIONS
PAYROLL DEDUCTIONS
Fund 099 - PAYROLL TRUST FUND Total:
Vendor STATE STREET BANK & TRUST COMPANY Total:
WWTP ELECTRICAL
09/01/24 -09/30/24
Fund 061- SEWER FUND Total:
Vendor TESLA ENERGY OPERATIONS, INC Total:
998.08
173.08
998.08
173.08
2,342.32
2,342.32
11,443.13
11,443.13
11,443.13
11/05/2024
11/05/2024
11/05/2024
11/05/2024
11/05/2024
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Payable Number
-
931.43
931.43
931.43
Description {Item) Amount
PD VETERINARY SERVICES
09/05/2024
Fund 001- GENERAL FUND Total:
Vendor TRUE BLUE VETERINARY HOSPITAL Total:
Post Date
11/05/2024
Vendor Name
Vendor: TRUE BLUE VETERINARY HOSPITAL
Fund: 001 - GENERAL FUND
TRUE BLUE VETERINARY H 165681
Vendor: VAN DE POL ENTERPRISES
Fund: 001- GENERAL FUND
VAN DE POL ENTERPRISES CL81925
VAN DE POL ENTERPRISES CL81925
VAN DE POL ENTERPRISES CL82831
VAN DE POL ENTERPRISES CL82831
11/05/2024
11/05/2024
11/05/2024
11/05/2024
FUEL PD/PW VEHICLE
09/01/24 -09/15/24
FUEL PD/PW VEHICLE
09/01/24 -09/15/24
FUEL PD/PW VEHICLE
VEHICLE 09/16/24 -
09/30/24
FUEL PD/PW VEHICLE
VEHICLE 09/16/24-
09/30/24
Fund O01 - GENERAL FUND Total:
236.51
1,856.92
99.63 1,702.66
3,895.72
Fund: 009 - COMMUNITY CENTER FUND
VAN DE POL ENTERPRISES CL82831 11/05/2024 FUEL PD/PW VEHICLE VEHICLE 09/16/24-
09/30/24
Fund 009 - COMMUNITY CENTER FUND Total:
253.61
253.61
11/05/2024
Fund: 017-CITY WIDE LIGHTING & LAND
VAN DE POL ENTERPRISES CL81925
VAN DE POL ENTERPRISES CL82831
FUEL PD/PW VEHICLE
09/01/24 -09/15/24
11/05/2024 FUEL PD/PW VEHICLE
VEHICLE 09/16/24 -
09/30/24
Fund 017- CITY WIDE LIGHTING & LAND Total:
131.08
54.34 185.42
Fund: 060 - WATER FUND
VAN DE POL ENTERPRISES CL81925
VAN DE POL ENTERPRISES CL82831
11/05/2024
11/05/2024
FUEL PD/PW VEHICLE
09/01/24 - 09/15/24
FUEL PD/PW VEHICLE
VEHICLE 09/16/24-
09/30/24
Fund 060 - WATER FUND Total:
644.18
265.38
909.56
Fund: 061- SEWER FUND
VAN DE POL ENTERPRISES CL81925
VAN DE POL ENTERPRISES CL82831
11/05/2024
11/05/2024
FUEL PD/PW VEHICLE
09/01/24 -09/15/24
FUEL PD/PW VEHICLE
VEHICLE 09/16/24-
09/30/24
Fund 061 - SEWER FUND Total:
Vendor VAN DE POL ENTERPRISES Total:
645.60
266.28
911.88
6,156.19
Vendor: VESTIS GROUP, INC
Fund: 001 - GENERAL FUND
VESTIS GROUP, INC
VESTIS GROUP, INC
VESTIS GROUP, INC
5040375315
5040375315
5040378865
11/05/2024
11/05/2024
11/05/2024
PW DEPT OP SUPPLIESTOWELS, MOPS, MATS
PW DEPT OP SUPPLIESTOWELS, MOPS, MATS
PW CUSTODIAL RENTAL
SUPPLIES
36.13 36.13
5.13
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount VESTIS GROUP, INC 5040378865 11/05/2024 PW CUSTODIAL RENTAL 5.13
SUPPLIES
Fund 001- GENERAL FUND Total: 82.52
Fund: 060 - WATER FUND
VESTIS GROUP, INC 5040375315 11/05/2024 PW DEPT OP SUPPLIES- 54.19
TOWELS, MOPS, MATS
VESTIS GROUP, INC 5040378865 11/05/2024 PW CUSTODIAL RENTAL 7.69
SUPPLIES
Fund 060- WATER FUND Total: 61.88
Fund: 061 - SEWER FUND
VESTIS GROUP, INC 5040375315 11/05/2024 PW DEPT OP SUPPLIES- 54.19
TOWELS, MOPS, MATS
VESTIS GROUP, INC 5040378865 11/05/2024 PW CUSTODIAL RENTAL 7.69
SUPPLIES
Fund 061 - SEWER FUND Total: 61.88
Vendor VESTIS GROUP, INC Total: 206.28
Vendor: VESTIS
Fund: 001 - GENERAL FUND
VESTIS 5040378868 11/05/2024 FD CUSTODIAL SUPPLIES 208.41 Fund 001- GENERAL FUND Total: 208.41
Vendor VESTIS Total: 208.41
Vendor: VISION SERVICE PLAN-(CA)
Fund: 001 - GENERAL FUND
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 3.66 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 11.56 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 45.93 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 4.81 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 294.40 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 25.23 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 28.66 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 48.25 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 9.31 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 15.36 2024
Fund 001- GENERAL FUND Total: 487.17
Fund: 009 - COMMUNITY CENTER FUND
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 11.51 2024
Fund 009 - COMMUNITY CENTER FUND Total: 11.51
Fund: 010- GAS TAX 2105 FUND
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 11.56 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 7.22 2024
Warrant List Post Dates: 10/16/2024 -11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 8.41 2024
Fund 010- GAS TAX 2105 FUND Total: 27.19
Fund: 016 - SWIM POOL FUND
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 2S.23 2024
Fund 016 - SWIM POOL FUND Total: 25.23
Fund: 017- CITY WIDE LIGHTING & LAND
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 0.49 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 9.25 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 38.15 2024
Fund 017 - CITY WIDE LIGHTING & LAND Total: 47.89
Fund: 019- RECREATION FUND
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 9.31 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 36.34 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 51.45 2024
Fund 019 - RECREATION FUND Total: 97.10
Fund: 059 - STORM DRAIN
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 0.12 2024
Fund 059 - STORM DRAIN Total: 0.12
Fund: 060 - WATER FUND
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 3.78 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 89.39 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 21.72 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 5.51 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 5.38 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 9.31 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 67.21 2024
Fund 060 - WATER FUND Total: 202.30
Fund: 061 - SEWER FUND
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 3.78 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 88.21 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 38.48 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 7.71 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 5.38 2024
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Vendor Name Payable Number Post Date Description (Item) Amount VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 3.10 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 154.51 2024
Fund 061 - SEWER FUND Total: 301.17
Fund: 062 - REFUSE
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 0.12 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 2.31 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 12.41 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 1.10 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 2.84 2024
Fund 062 - REFUSE Total: 18.78
Fund: 063 - AIRPORT FUND
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 0.24 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 4.00 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 2.49 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 1.55 2024
VISION SERVICE PLAN-(CA) NOVEMBER 2024 10/24/2024 VISION INSURANCE NOV 6.22 2024
Fund 063 - AIRPORT FUND Total: 14.50
Vendor VISION SERVICE PLAN-(CA) Total: 1,232.96
Vendor: WALLANCE JAMES LEE BROUGHTON
Fund: 001 - GENERAL FUND
WALLANCE JAMES LEE BR 10/10/2024-1 11/05/2024 PW BIT INSPECTION ON 200.00
BUCKET TRUCK
WALLANCE JAMES LEE BR 10/10/2024 11/05/2024 PW LEAFTRUCK VACUUM 1,668.98
FAN REPAIRS & BALANCIN
Fund 001- GENERAL FUND Total: 1,868.98
Fund: 059 - STORM DRAIN
WALLANCE JAMES LEE BR 10/10/2024 11/05/2024 PW LEAF TRUCK VACUUM 1,000.00
FAN REPAIRS & BALANCIN
Fund 059 - STORM DRAIN Total: 1,000.00
Vendor WALLANCE JAMES LEE BROUGHTON Total: 2,868.98
Vendor: WESTSIDE WELDING & RADIATOR
Fund: 060 - WATER FUND
WESTSIDE WELDING & RA 11811 11/05/2024 PW DISTRIBUTION VALVE 461.91
WRENCHES
Fund 060 - WATER FUND Total: 461.91
Vendor WESTSIDE WELDING & RADIATOR Total: 461.91
Vendor: WINDECKER, INC
Fund: 001- GENERAL FUND
WINDECKER, INC 317447 11/05/2024 PW FUEL 93.05
Fund 001 - GENERAL FUND Total: 93.05
Warrant list
Vendor Name
Fund: 060- WATER FUND
WINDECKER, INC
Fund: 061 - SEWER FUND
WINDECKER, INC
Post Dates: 10/16/2024 - 11/05/2024
Payable Number Post Date Description (Item) Amount
317447 11/05/2024 PW FUEL 93.05
-
Fund 060 - WATER FUND Total: 93.05
317447 11/05/2024 PW FUEL 93.08
Fund 061 - SEWER FUND Total: 93.08
Vendor WINDECKER, INC Total: 279.18
Grand Total: 758,341.86
Warrant List
Fund Summary
Fund
001 - GENERAL FUND
009- COMMUNITY CENTER FUND
010- GAS TAX 2105 FUND
016 -SWIM POOL FUND
017-CITY WIDE LIGHTING & LAND
019 - RECREATION FUND
020 - CMAQ
047- FIREWORKS
059 - STORM DRAIN
060 - WATER FUND
061- SEWER FUND
062 - REFUSE
063 - AIRPORT FUND
064 - SEWER CAPITAL FUND
099- PAYROLL TRUST FUND
200 - REGIONAL MEASURE V
201 - MEASURE V
202 - ALT MODES MEASURE V
203 -SBl - ROAD REPAIR/LOCAL STREETS 2017 ACT
Grand Total:
Payment Amount
103,674.73
796.54
3,253.54
2,067.02
2,087.18
3,987.52
347,977.16
475.00
1,554.52
81,930.22
54,828.16
64,369.48
721.19
85.05 32,662.39
44,317.79
12,625.86
846.08
82.43 758,341.86
Post Dates: 10/16/2024 - 11/05/2024
Report Summary
Account Number
001-0000-300.020
001-0000-300.101
001-0110-530.201-00
001-0110-540.039-00
001-0120-510.020-00
001-0120-520.010-00
001-0120-530.011-00
001-0120-530.201-00
001-0120-540.039-00
001-0120-700.000-00
001-0140-510.020-00
001-0140-520.000-00
001-0140-530.000-00
001-0140-530.011-00
001-0140-530.014-00
001-0140-530.030-00
001-0140-530.201-00
001-0140-540.039-00
001-0141-530.201-00
001-0142-510.020-00
001-0142-520.010-00
001-0142-530.011-00
001-0142-530.201-00
001-0142-540.039-00
001-0150-510.020-00
001-0150-520.040-00
001-0150-530.011-00
001-0150-540.011-00
001-0150-540.039-00
001-0210-510.020-00
001-0210-520.000-00
001-0210-520.010-00
001-0210-520.030-00
001-0210-520.040-00
Account Summary
Account Name
7 STAR SMOKE SHOP CU
KATAKIS - CFD GOALS &
OTHER CONTRACT SERVI
MAINTENANCE CONTRA
GROUP HEALTH INSURA
DEPT OPERATING SUPPL
TELEPHONE & INTERNET
OTHER CONTRACT SERVI
MAINTENANCE CONTRA
CAPITAL IMPROVEMENT
GROUP HEALTH INSURA
OFFICE SUPPLIES
ACCOUNTING & AUDITI
TELEPHONE & INTERNET
POSTAGE
ADVERTISING
OTHER CONTRACT SERVI
MAINTENANCE CONTRA
OTHER CONTRACT SERVI
GROUP HEALTH INSURA
DEPT OPERATING SUPPL
TELEPHONE & INTERNET
OTHER CONTRACT SERVI
MAINTENANCE CONTRA
GROUP HEALTH INSURA
FUEL
TELEPHONE & INTERNET
FACILITIES
MAINTENANCE CONTRA
GROUP HEALTH INSURA
OFFICE SUPPLIES
DEPT OPERATING SUPPL
MOTOR VEHICLE EXP EN
FUEL
Payment Amount
180.00
14,371.60
58.42 0.48
3.66 2.73
2.64 6.46
0.48 9,260.85
445.67
2.73 56.00
2.64 51.48
200.00
100.10
0.24 9,638.40
1,770.41
2.73 2.64
6.46 0.48
185.25
336.14
2.64 516.26
0.48 11,485.73
2.73 1,794.39
280.00
3,559.58
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Account Summary
Account Number Account Name Payment Amount
001-0210-530.009-00 OTHER PROFESSIONALS 574.05
001-0210-530.011-00 TELEPHONE & INTERNET 528.78
001-0210-530.030-00 ADVERTISING 636.75
001-0210-530.201-00 OTHER CONTRACT SERVI 14,568.43
001-0210-540.039-00 MAINTENANCE CONTRA 2,347.24
001-0210-540.040-00 FACILITIES 41.26
001-0220-520.010-00 DEPT OPERATING SUPPL 920.32
001-0220-520.030-00 MOTOR VEHICLE EXPEN 83.06
001-0230-510.020-00 GROUP HEALTH INSURA 972.42
001-0230-520.010-00 DEPT OPERATING SUPPL 931.43
001-0410-510.020-00 GROUP HEALTH INSURA 1,104.76
001-0410-530.009-00 OTHER PROFESSIONALS 1,783.31
001-0410-530.011-00 TELEPHONE 2.64
001-0410-530.030-00 ADVERTISING 240.00
001-0410-530.201-00 OTHER CONTRACT SERVI 146.53
001-0410-540.039-00 MAINTENANCE CONTRA 0.48
001-0420-500.010-00 GROUP HEALTH INSURA 1,859.94
001-0460-510.020-00 GROUP HEALTH INSURA 358.87
001-0460-520.010-00 DEPT OPERATING SUPPL 2.73
001-0460-530.011-00 TELEPHONE 2.64
001-0460-530.201-00 OTHER CONTRACT SERVI 2.15
001-0460-540.039-00 MAINTENANCE CONTRA 0.24
001-0610-510.020-00 GROUP HEALTH INSURA 592.07
001-0610-520.010-00 DEPT OPERATING SUPPL 2,179.69
001-0610-520.011-00 UNIFORM ALLOWANCE 162.58
001-0610-520.030-00 MOTOR VEHICLE EXPEN 200.00
001-0610-530.011-00 TELEPHONE 2.64
001-0610-530.072-00 OTHER EQUIPMENT REP 1,703.98
001-0610-530.201-00 OTHER CONTRACT SERVI 16,598.68
001-0610-540.011-00 FACILITIES 133.32
001-0610-540.030-00 MACHINERY & EQUIP ME 662.76
001-0610-540.039-00 MAINTENANCE CONTRA 0.48
009-0150-510.020-00 GROUP HEALTH INSURA 443.76
009-0150-520.040-00 FUEL 253.61
009-0150-530.011-00 TELEPHONE 10.58
009-0150-530.201-00 OTHER CONTRACT SERVI 87.63
009-0150-540.039-00 MAINTENANCE CONTRA 0.96
010-0140-500.010-00 GROUP INSURANCE 445.67
010-0310-500.011-00 GROUP INSURANCE 278.46
010-0310-530.206-00 GROUP HEALTH INSURA 324.14
010-0310-700.000-00 CAPITAL IMPROVEMENT 2,205.27
016-0613-510.020-00 GROUP HEALTH INSURA 972.42
016-0613-520.010-00 DEPT OPERATING SUPPL 674.64
016-0613-520.012-00 AQUATICS CENTER SUPP 350.00
016-0613-530.011-00 TELEPHONE 10.58
016-0613-530.201-00 0TH ER CONTRACT SERVI 58.42
016-0613-540.039-00 MAINTENANCE CONTRA 0.96
017-0120-510.020-00 GROUP HEALTH INSURA 18.83
017-0140-510.020-00 GROUP HEALTH INSURA 356.54
017-0610-510.020-00 GROUP HEALTH INSURA 1,470.39
017-0610-520.040-00 FUEL 185.42
017-0610-530.000-00 ACCOUNTING & AUDITL 56.00
019-0142-510.020-00 GROUP HEALTH INSURA 358.87
019-0150-510.020-00 GROUP HEALTH INSURA 1,400.74
019-0440-520.030-00 DEPT OPERATING SUPPL 132.06
019-0613-510.020-00 GROUP HEALTH INSURA 1,983.39
019-0613-520.010-00 DEPT OPERATING SUPPL 6.82
019-0613-530.011-00 TELEPHONE 10.58
Warrant List Post Dates: 10/16/2024 - 11/05/2024
Account Summary
Account Number Account Name Payment Amount
019-0613-530.201-00 0TH ER CONTRACT SERVI 94.10
019-0613-540.039-00 MAINTENANCE CONTRA 0.96
020-0310-700.000-00 CAPITAL IMPROVEMENT 347,977.16
047-0704-520.012-00 DEPT OPERATING SUPPL 175.00
047-0704-530.201-00 OTHER CONTRACT SERVI 300.00
059-0120-510.020-00 GROUP HEALTH INSURA 4.70
059-0140-530.014-00 POSTAGE 20.59
059-0140-530.201-00 OTHER CONTRACT SERVI 12.36
059-0730-520.010-00 DEPT OPERATING SUPPL 36.72
059-0730-530.000-00 ACCOUNTING & AUDITI 42.00
05 9-0730-530 .072-00 OTHER EQUIPMENT REP 1,000.00
059-0730-530.201-00 OTHER CONTRACT SERVI 438.15
060-0120-510.020-00 GROUP HEALTH INSURA 145.89
060-0140-510.020-00 GROUP HEALTH INSURA 3,445.75
060-0140-520.000-00 OFFICE SUPPLIES 233.13
060-0140-530.014-00 POSTAGE 339.77
060-0140-530.201-00 OTHER CONTRACT SERVI 247.07
060-0142-510.020-00 GROUP HEALTH INSURA 837.35
060-0150-510.020-00 GROUP HEALTH INSURA 212.24
060-0210-510.020-00 GROUP HEALTH INSURA 207.56
060-0460-510.020-00 GROUP HEALTH INSURA 358.87
060-0710-510.020-00 GROUP HEALTH INSURA 2,590.92
060-0710-520.010-00 DEPT OPERATING SUPPL 10,174.85
060-0710-520.011-00 UNIFORM ALLOWANCE 253.60
060-0710-520.030-00 MOTOR VEHICLE EXPEN 1,101.29
060-0710-520.040-00 FUEL 909.56
060-0710-530.000-00 ACCOUNTING & AUDITI 560.00
060-0710-530.009-00 OTHER PROFESSIONALS 9,108.98
060-0710-530.011-00 TELEPHONE 185.07
060-0710-530.094-00 LICENSES & PERMIT FEE 290.00
060-0710-530.111-00 NOTE PAYABLE (VIERRA L 981.42
060-0710-530.122-00 INTEREST EXPENSE (VIER 297.70
060-0710-530.201-00 OTHER CONTRACT SERVI 45,304.22
060-0710-540.011-00 FACILITIES 195.24
060-0710-540.030-00 MACHINERY & EQUIP ME 3,933.83
060-0710-540.039-00 MAINTENANCE CONTRA 15.91
061-0120-510.020-00 GROUP HEALTH INSURA 145.89
061-0140-510.020-00 GROUP HEALTH INSURA 3,400.23
061-0140-520.000-00 OFFICE SUPPLIES 227.40
061-0140-530.014-00 POSTAGE 339.77
061-0140-530.201-00 OTHER CONTRACT SERVI 247.07
061-0142-510.020-00 GROUP HEALTH INS URA 1,483.31
061-0142-530.030-00 ADVERTISING 288.50
061-0150-510.020-00 GROUP HEALTH INSURA 297.13
061-0210-510.020-00 GROUP HEALTH INSURA 207.56
061-0460-510.020-00 GROUP HEALTH INSURA 119.62
061-0520-510.020-00 GROUP HEALTH INSURA 5,955.79
061-0520-520.010-00 DEPT OPERATING SUPPL 509.18
061-0520-520.011-00 UNIFORM ALLOWANCE 278.48
061-0520-520.030-00 MOTOR VEHICLE EXPEN 946.00
061-0520-520.040-00 FUEL 911.88
061-0520-530.000-00 ACCOUNTING & AUDITI 560.00
061-0520-530.009-00 OTHER PROFESSIONALS 7,035.63
061-0520-530.011-00 TELEPHONE 185.07
061-0520-530.060-00 ELECTRIC 11,443.13
061-0520-530.111-00 NOTE PAYABLE (VIERRA L 981.44
061-0520-530.122-00 INTEREST EXPENSE (VIER 297.70
061-0520-530.201-00 OTHER CONTRACT SERVI 18,253.36
Warrant List
Account Number
061-0520-540.011-00
061-0520-540.039-00
061-0520-700.000-00
062-0120-510.020-00
062-0140-510.020-00
062-0140-530.000-00
062-0140-530.014-00
062-0140-530.201-00
062-0142-510.020-00
062-0150-510.020-00
062-0510-520.010-00
062-0510-530.009-00
062-0510-530.011-00
062-0510-530.201-00
062-0510-540.039-00
062-0530-510.020-00
063-0120-510.020-00
063-0140-510.020-00
063-0142-510.020-00
063-0340-510.020-00
063-0340-530.000-00
063-0340-530.009-00
063-0340-530.011-00
063-0460-510.020-00
064-0520-700.000-00
099-0000-220.050
099-0000-220.065
099-0000-220.071
099-0000-220.081
099-0000-220.092
099-0000-220.097
200-0310-700.000-00
201-0310-700.000-00
202-0310-700.000-00
203-0310-700.000-00
Account Summary
Account Name
FACILITIES
MAINTENANCE CONTRA
CAPITAL IMPROVEMENT
GROUP HEALTH INSURA
GROUP HEALTH INSURA
ACCOUNTING & AUDITI
POSTAGE
OTHER CONTRACT SERVI
GROUP HEALTH INSURA
GROUP HEALTH INSURA
DEPT OPERATING SUPPL
OTHER PROFESSIONALS
TELEPHONE & INTERNET
OTHER CONTRACT SERVI
MAINTENANCE CONTRA
GROUP HEALTH INSURA
GROUP HEALTH INSURA
GROUP HEALTH INSURA
GROUP HEALTH INSURA
GROUP HEALTH INSURA
ACCOUNTING & AUDITI
OTHER PROFESSIONAL S
TELEPHONE
GROUP HEALTH INSURA
CAPITAL IMPROVEMENT
PERS PAYABLE
AFLAC PAYABLE
POA DEDUCT PAYABLE
UNION DUES PAYABLE
CAL PERS 457 DEF COMP
CALIFORNIA STATE DISB
CAPITAL IMPROVEMENT
CAPITAL IMPROVEMENT
CAPITAL IMPROVEMENT
CAPITAL IMPROVEMENT
Grand Total:
Payment Amount
195.20
16.39 502.43
4.70 89.13
56.00 278.00
177.67
478.48
42.45 118.51
62,315.30
105.76
584.20
9.68 109.60
9.41 154.34
95.69 59.45
70.00 90.40
2.65 239.25
85.05 27,139.95
1,176.74
960.00
280.00
2,342.32
763.38
44,317.79
12,625.86
846.08
82.43 758,341.86
Post Dates: 10/16/2024 - 11/05/2024
Project Account Summary
Project Account Key Payment Amount
·None 758,341.86
Grand Total: 758,341.86
ITEM NO. 4
COUNCIL AGENDA ITEM
NOVEMBER 5, 2024
PREPARED BY: City Attorney, Best Best & Krieger, LLP
SUBJECT: Council to Waive the Second Reading of an Ordinance Adding Article 4 to Chapter 2 of Title 3 of the City of Gustine Municipal Code to Prohibit Encampments on Public and Private Property, and Consider its Adoption
BACKGROUND/DISCUSSION
On June 28, 2024, the United States Supreme Court held that the enforcement of generally applicable laws regulating camping on public property do not constitute cruel and unusual punishment under the Eighth Amendment and that local governments can enforce criminal penalties for violations of camping ordinances when adequate shelter spaces were not available. Following this decision, local governments in California have begun to take enforcement actions against illegal camping and encampments.
Foreseeing that these statewide enforcement actions may result in the potential relocation of illegal camping and encampments to the City of Gustine and the potential significant risks to public health and safety posed by said activities, City Council has directed staff to prepare the attached ordinance for its consideration.
This ordinance will make it unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in any public property and any private property, with the exception of persons camping, occupying camp facilities, or using camp paraphernalia with the consent of the owner of the private property for no more than three consecutive nights unless a permit is obtained from the City Manager pursuant to the process outlined in the ordinance. This ordinance does not prohibit or make unlawful, activities of an owner of private property, that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes. This ordinance also does not prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the City of Gustine Municipal Code or other laws, ordinances and regulations.
At their regular meeting on October 1, 2024, the City Council introduced and waived the first reading of an ordinance adding Article 4 to Chapter 2 of Title 3 of the City's Municipal Code prohibiting encampments on public and private property.
During that meeting, and through the Council's motion, the following amendments were made to the original proposed ordinance:
- Updates to the definitions of private property and public property. - Additional language of "in any calendar month" to Section 3-2-70(8) 1.
These amendments have been identified in redline on the attached proposed ordinance.
The public notice for this ordinance was published in our Newspaper on 10/16/2024.
FISCAL IMPACT
None at this time. Staff will monitor enforcement efforts and cost associated with the implementation of this ordinance.
RECOMMENDATION
It is recommended that Council adopt and waive the second reading of an Ordinance Adding Article 4 to Chapter 2 of Title 3 of the City of Gustine Municipal Code to Prohibit Encampments on Public and Private Property.
EXHIBIT(S)
A) Redlined Ordinance
APPROVED BY: _
-5I J
Soknirorn Than, City Manager
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUSTINE ADDING ARTICLE 4 TO CHAPTER 2 OF TITLE 3 OF THE CITY OF GUSTINE MUNICIPAL CODE TO PROHIBIT
ENCAMPMENTS ON PUBLIC AND PRIVATE PROPERTY
WHEREAS, Chapter 2 of Title 3 of the City of Gustine Municipal Code ("Municipal Code") governs public nuisances; and
WHEREAS, Chapter 2 of Title 3 of the Municipal Code does not currently address encampments in the City of Gustine ("City") owned property and on private property; and
WHEREAS, persons erecting encampments, living in parked vehicles, and camping on property owned or controlled by the City and on private property present potential risks to the life, health, and safety of those using them, as well as to others within the City, pose risk of damage to certain environmentally sensitive areas, and inhibits the rights of others to fully use public and private areas as they are intended; and WHEREAS, examples of the potential dangers and liabilities posed by camping, the establishment of encampments, and individuals living in vehicles parked on public and private property include but are not limited to the following:
1. Improper disposal of waste into sewers/storm drains;
11. Improper storage of human waste;
iii. Use of water and storm water prevention materials from neighboring properties, without permission;
iv. Unattended or off-leash pets;
v. Accumulation of trash and/or personal belongings, resulting in impeded access to sidewalks and other public and private property; vi. Impeded traffic flows and access by emergency vehicles; vii. Theft of power from adjacent public and private properties and unsafe usage of power cords to/from RVs/campers and appliances; viii. Operations of repair business and/or use of power tools in public and private areas and around members of the public;
ix. Verbal and/or physical intimidation of others in the area; x. Prevention of parking space access and usage;
xi. Disturbance of the peace;
xii. Increased calls for services to the City's Fire Department, Police Department, and other emergency services; and
xiii. Increased number of uncontrollable fires breaking out at or near encampments.
WHEREAS, the ability of cities to enforce city-wide camping bans were previously limited when alternative shelter was not available, pursuant in part to the decisions in Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019) and Johnson v. City of Grants Pass, 72 F.4th 868 (9th Cir. 2023); and
WHEREAS, in a 6 to 3 ruling released on June 28, 2024, the Supreme Court of the United States overturned the Ninth Circuit's decision in Johnson v. Grants Pass, holding that the enforcement of generally applicable laws regulating camping on public property do not constitute cruel and unusual punishment under the Eighth Amendment, and overturning the Ninth Circuit's decision in Martin v. Boise that prohibited local governments from enforcing criminal penalties for violations of camping ordinances when adequate shelter spaces were not available; and
WHEREAS, the City Council desires through the passage of this Ordinance to add Article 4 to Chapter 2 of Title 3 of its Municipal Code in order to regulate camping and encampment on public and private property to protect the life, health, safety, and welfare of its residents, and to protect and preserve its natural resources.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine:
Section 1. Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Article 4 in Chapter 2 of Title 3 of the Gustine, California Municipal Code is hereby added in its entirety as set forth in Exhibit A, incorporated by this reference.
Section 3. CEQA Findings. The City Council finds that this ordinance is not subject to the requirements of the California Environmental Quality Act ("CEQA") because adoption of the Ordinance is not a "project" within the meaning of Section l 5378(b) (5) of the State CEQA Guidelines (organization or administrative activities of governments not a project).
Section 4. Severability. If any section, subsection, clause, or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid by a court of competent jurisdiction, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.
Section 5. Publication. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of Gustine, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.
Section 6. Effective Date. This Ordinance shall take effect and be in full force thirty (30) days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Gustine after it's introduction and waiver of first reading at a regularly scheduled meeting on October 1, 2024, and adopted this 5 day of November, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
EXHIBIT A
Article 4
CAMPING AND STORAGE OF PERSONAL PROPERTY
3-2-68 - Purpose and Authority.
3-2-69- Definitions.
3-2-70- Camping Prohibited.
3-2-71- Storage of Property Prohibited.
3-2-72- Property Removal.
3-2-73 - Property Disposition.
3-2-74- Camping Permit.
3-2-75- Posting Copy of Permit.
3-2-76- Violations.
3-2-68. Purpose and Authority.
The streets and public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety and welfare of the city. The purpose of this article is to maintain streets, parks and other public and private areas within the city in a clean, sanitary and accessible condition, and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the city. Nothing in this article is intended to interfere with otherwise lawful and ordinary uses of public or private property.
This article is adopted consistent with the city's police power provided by Article XI, Section 7 of the State of California Constitution and is necessary to preserve the public peace, safety and general welfare of the citizens. 3-2-69. Definitions.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAMP FACILITIES shall mean tents, huts or temporary shelters, and the like.
CAMP or CAMPING shall mean to pitch or occupy camp facilities, or to use camp paraphernalia to live temporarily in a camp facility or outdoors.
CAMP PARAPHERNALIA shall mean tarpaulins, cots, beds, sleeping bags, hammocks, fire stoves and similar equipment.
ESTABLISH shall mean setting up or moving equipment, supplies or materials onto public or private property to "camp" or operate camp facilities.
MAINTAIN shall mean keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities.
OPERATE shall mean participating or assisting in establishing or maintaining a camp or camp facility.
PARK shall mean any public space designated as a park by the City of Gustine.
PERSONAL EFFECTS shall mean important documents such as birth certificate or driver's license, medication, eye glasses or other medical devices, a sanitary and non-verminous sleeping bag or bed roll, tents in usable and reasonably good condition, clean and non-verminous clothing stored in a manner protecting it from the elements, and personal property which would have obvious sentimental or monetary value to a reasonable person.
PERSONAL PROPERTY shall mean property that is movable, as opposed to real property or real estate.
PRIVATE PROPERTY shall mean all private property including, but not limited to, streets, sidewalk, alleys, and improved or unimproved landreal property owned by individuals or nongovernmental entities.
PUBLIC PROPERTY shall mean all public property including, butnot limited to, streets, sidewalks, alleys, improved or unimproved land and parksreal property owned by the City or other governmental agency.
STORE shall mean to keep, put aside or accumulate for future use when needed.
STREET shall mean all alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
3-2-70. Camping Prohibited.
It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas:
(A) Any public property; or
(B) Any private property.
l. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than three consecutive nights in any calendar month, unless a permit is obtained pursuant to Section 3-2-7 4 of this article for a period of more than three consecutive nights.
2. Nothing in this article is intended to prohibit or make unlawful, activities of an owner of private property, or other lawful user of private property, that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by this code or other laws, ordinances and regulations.
3. The City Manager, or his or her designee, may, as provided in Section 3-2-74 of this article, issue a temporary permit to allow camping on public or private property in connection with a special event or to allow overnight camping on private residential property that will be more than three consecutive nights. 3-2-71. Storage of Property Prohibited.
It is unlawful and a public nuisance for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the City Council:
(A) Any public property; or
(B) Any private property without the written consent of the owner. 3-2-72. Property Removal.
Any city law enforcement officer or code enforcement officer may remove personal property unlawfully stored as follows:
(A) The location of any personal property, including camp facilities and paraphernalia, shall be tagged and dated with a notice including the following:
It is illegal to store personal property in a city park, street, public parking lot, or public area, improved or unimproved and on private property without the written consent of the owner of that property. If this personal property is not removed by (specify at least forty-eight (48) hours from posting), THIS PERSONAL PROPERTY SHALL BE DEEMED
INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND
POSSIBLE DESTRUCTION. Remaining on the property after the date specified in this notice may cause further law enforcement action.
Shelter is available at the following locations:
(list shelters in local area)
(B) The city law enforcement officer or code enforcement officer may remove any personal property still unlawfully stored or remaining after the posting period has expired, but shall leave a written notice at the location of confiscation confirming that a seizure has occurred pursuant to this article, and providing instructions on how to claim the property.
3-2-73. Property Disposition.
(A) l. Following removal of unlawfully stored or remaining personal effects pursuant to Section 3-2-72 of this article, a city law enforcement officer or code enforcement officer shall:
(a) Maintain an inventory identifying the personal effects, where the personal effects were approximately located, and the reasonable value of each item;
(b) Place the removed personal effects in containers labeled in a manner facilitating identification by the enforcement officer and owner and which reasonably protect such property from damage or theft; and (c) Store removed personal effects in an area designated by the enforcement officer for a period of 90 days in accordance with Cal. Civil Code §§ 2080 et seq. (as amended), and shall, to the extent reasonably practical, and without any duty to investigate the recommended storage parameters, properly store perishable items such as medication.
2. Any personal property or personal effects which a city law enforcement officer or code enforcement officer deems to be biohazardous or contaminated with a hazardous material including, but not limited to, items with feces, urine, fungus or vermin infestation, will be photographed but shall not be stored pursuant to this section and shall be properly disposed of. (B) If personal effects are claimed within 90 days from removal, unless the property is connected to a crime or is illegal to possess, a city law enforcement officer or code enforcement officer shall release the stored property to the owner upon his or her identification of the property, and the approximate location where the property was left by the owner.
(CJ Unlawfully stored or found personal effects pursuant to this article remaining unclaimed at the end of 90 days from removal shall be disposed of pursuant to Cal. Civil Code§§ 2080 et seq. (as amended), and may be sold at a public auction, dedicated for public use, or given for charitable use to a local nonprofit agency by the city.
3-2-74. Camping Permit.
The City Manager may, in his or her discretion, issue a permit to establish, maintain, and operate a camp or a camp facility in connection with a special event or to allow overnight camping on private residential property that will be more than three consecutive nights. A special event is intended to include, but not be limited to, programs operated by youth or school events, marathons or other sporting events and scouting activities. The City Manager may consult with various city departments, the health officer and the public prior to issuing any temporary permit. Each department or person consulted may provide comments
regarding any health, safety or public welfare concerns, and provide recommendations pertaining to the issuance, denial or conditioning of the permit. A reasonable fee, to be set by the City Council, shall be paid in advance by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the City Manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located.
3-2-75. Posting Copy of Permit.
It is unlawful for any person to establish, maintain, conduct, or carry on any camp or camp facility unless there shall be at all times, posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located, a permit obtained from the City Manager in accordance with the provisions of section 3-2-74 of this article.
3-2-76. Violations.
A violation of this section may be prosecuted criminally as an infraction in accordance with section 1-1-7 of this code and/or administratively as provided in Chapter 7.
ITEM NO. 5
COUNCIL AGENDA ITEM
NOVEMBER 5, 2024
PREPARED BY: City Attorney, Best Best & Krieger LLP
SUBJECT: Time and Place Fixed to Consider a Public Hearing and Conduct a Landowner Election to Form The City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California
BACKGROUND
New development within the City is required to mitigate their impacts on City services and facilities. One mechanism to assist developers in meeting these obligations is to authorize funding mechanisms, such as a community facilities district. A community facilities district is a special tax district formed pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq., as amended (the "Act"), which, when authorized, imposes special taxes upon taxable property to pay for the costs of authorized services and facilities.
DISCUSSION
The City has recognized the need for new development to be fiscally neutral and to pay for all facilities and services necessary to serve the needs imposed by such new development. The requirements to mitigate such impacts are often met through conditions of approval or other development conditions.
On October l, 2024 the City Council adopted a resolution of intention to form a community facilities district known as City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California ("CFD No. 2024-1 "). The City had engaged in talks with Ron Katakis ("Developer") seeking to develop a residential development project consisting of 157 units located within the City ("Project"). The Project contains approximately 42 acres of property and is located south of Sullivan Road, east of S. Mills Road, and north of Nobel Road. In order to assist Developer in meeting its obligations for development, the City engaged a special tax consultant to assist in establishing the City's first CFD to levy a special tax to fund certain required services necessary for the Project. The public hearing and landowner election scheduled this evening is the final step in establishing CFD No. 2024-1.
The property to be included in CFD No. 2024-1 is described more specifically as Assessor Parcel Numbers (APNs): 063-180-029 and 063-180-030 (the "Property"), to fund the additional municipal services to be provided to the Project. It is also anticipated that additional property will annex into CFO No. 2024-1 at a future date. The future property expected to annex into CFO No. 2024-1 includes, but is not limited to, APNs: 063-180-032
and 063-180-033. Although CFD No. 2024-1 will be established to serve property owned and under development by Developer, additional property and projects are conditioned or in the process of being conditioned, may annex into CFD No. 2024-1 once established.
The types of public services to be financed by CFD No. 2024-1 shall include all services authorized under section 53313 of the Act, including without limitation:
• Police protection services and fire protection and suppression services (collectively the "Public Safety" services);
• Maintenance of streets and roadways, maintenance and operation of street lights, parks, parkways and open space, graffiti removal, the operation and maintenance of storm drainage systems; and
• Administration expenses including costs incurred to determine the amount and levy of the special taxes, the costs associated with City staff time, the fees of consultants and legal counsel, the costs of collecting installments of the special taxes upon the county property tax rolls, preparation of required annual reports, amounts necessary to establish and maintain operating reserves and capital replacement reserves, amounts needed to cure actual or estimated delinquencies in the special taxes for the current or previous fiscal years, and any other costs incurred for the administration of CFD No. 2024-1 by the City.
Remaining Action Items to be Completed:
Following a successful public hearing and landowner election the City will need to complete the following outlined below:
• Record a notice of special tax lien pursuant to the Act with the County of Merced Recorder's Office;
• Conduct a second reading of the Ordinance; and
• Publish the Ordinance in the newspaper.
The City's legal counsel and special tax consultant will assist the City with these remaining tasks.
FISCAL IMPACT
None, the costs associated with this item is to be reimbursed by the developer at Final Map approval.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the lead agency, determined that the resolution is not subject to CEQA pursuant to Sections l 5060(c) (2), l 5060(c)(3), and 15061 (b) (3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a "project" as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
RECOMMENDATION
Staff recommends that the City Council take the following actions:
l. Conduct a public hearing for CFO No. 2024-1;
2. Approve a Resolution Establishing City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California, and the Boundaries Thereof;
3. Approve a Resolution Calling a Special Election and Submitting to the Voters City of Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services), County of Merced, State of California, Propositions Regarding the Annual Levy of Special Taxes Within the Community Facilities District to Pay the Costs of Certain Public Services, and Establishing an Appropriations Limit Therefor;
4. Conduct the landowner election;
5. Approve a Resolution Declaring the Results of the Special Election Within City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California;
6. Conduct First Reading of an Ordinance Authorizing the Levy of Special Taxes in Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services)
EXHIBIT(S)
A) Resolution Establishing City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services) and the Boundaries Thereof
B) Resolution Calling a Special Election and Submitting to the Voters City of Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services), County of Merced, State of California, Propositions Regarding the Annual Levy of Special Taxes Within the Community Facilities District to Pay the Costs of Certain Public Services, and Establishing an Appropriations Limit Therefor
C) Resolution Declaring the Results of the Special Election Within City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California D) Ordinance Authorizing the Levy of Special Taxes in Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services)
E) CFD Report for CFD No. 2024-1
F) Recorded CFO Boundary Map
APPRovED sY "
-.1J
Soknirorn Than, City Manager
RESOLUTION 2024-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE, CALIFORNIA, ESTABLISHING CITY OF GUSTINE COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC
SAFETY AND STORMWATER AND PARKS MAINTENANCE SERVICES), COUNTY OF
MERCED, STATE OF CALIFORNIA, AND THE BOUNDARIES THEREOF WHEREAS, the City Council (the "City Council") of the City of Gustine (the "City") has heretofore adopted the Resolution of Intention stating that a community facilities district to be known as "City of Gustine Community Facilities District No. 2024- l (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California" ("CFD No. 2024- l "), is proposed to be established pursuant to Chapter 2.5 (commencing with Section 53311) of Part l of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of CFO No. 2024-1; and
WHEREAS, CFO No. 2024-1 is proposed to be established for the purpose of financing certain public services (the "Services") of which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, notice was published and mailed to the owner of all of the property in CFO No. 2024-1 relative to the intention of the City Council to establish CFO No. 2024-1, the levy of special taxes therein, and of the time and place of the public hearing; and WHEREAS, on November 5, 2024, the City Council conducted the public hearing as required by law relative to the formation of CFO No. 2024-1, the levy of special taxes therein, and the provision of the Services therein; and WHEREAS, prior to the commencement of the public hearing there was filed with the City Council a report (the "Report") containing a description and an estimate of the fair and reasonable costs of providing such Services, as required by Section 53321.5 of the Act, required to adequately meet the needs of CFO No. 2024-1; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of CFO No. 2024-1, the levy of the special taxes therein, the provision of the Services therein was heard, and a full and fair hearing was held; and WHEREAS, at the public hearing evidence was presented to the City Council on the matters before it, and the City Council, at the conclusion of the hearing, was fully advised as to all matters relating to the formation of CFO No. 2024-1, the levy of the special taxes therein, and the provision of the Services therein; and WHEREAS, the City Council may, therefore, proceed to establish CFO No. 2024-1; and
WHEREAS, the City Clerk has advised the City Council that they have received a statement from the Registrar of Voters of the County of Merced that there are no persons registered to vote in the territory of CFO No. 2024-1.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine:
Section 1. Findings. The City Council finds as follows:
(a) All of the preceding recitals are true and correct and are incorporated herein by this reference;
(b) On November 5, 2024, pursuant to notice thereof duly given as provided by law, the City Council conducted a public hearing with respect to the formation of CFO No. 2024-1, and the annual levying of specified special taxes on the taxable property within CFO No. 2024-1 to pay for the ongoing maintenance of Services, and other obligations which are described in Section 3 hereof; (c) The boundary map of CFO No. 2024-1 was recorded on October 7, 2024, pursuant to Sections 3111 and 3113 of the California Streets and Highways Code, at page 46 in Book 15 of Maps of Assessment and Community Facilities Districts, and as Instrument No. 2024-023761 in the official records of the County of Merced; (d) AII prior proceedings with respect to the formation of CFO No. 2024-1 prior to and during the public hearing with respect to the formation of CFO No. 2024-1 which was conducted by the City Council on November 5, 2024, were valid and in conformity with the requirements of the Act;
(e) No written protests were received, at or prior to the time of the public hearing, against the formation of CFO No. 2024-1, or the levying of the special taxes, or the furnishing of specified types of public services, and the special taxes and public services have, therefore, not been eliminated by majority protest pursuant to Section 53324 of the Act;
(fl The City Council is, therefore, authorized to adopt a resolution of formation pursuant to Section 53325.1 of the Act for the formation of City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California, and CFO No. 2024-1 should be established; and
(g) Twelve (12) persons have not been registered to vote within the territory of CFO No. 2024-1 for each of the 90 days preceding the close of the public hearing on November 5, 2024, and pursuant to Section 53326 of the Act, the vote in the Special Election (defined below) provided for in Section 8 hereof shall, therefore, be by the landowners of CFO No. 2024-1 whose property would be subject to the special taxes if they were levied at the time of the elections, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within CFO No. 2024-1 which would be subject to the proposed special taxes if they were levied at the time of the elections.
(h) The department responsible for preparing the annual roll of special tax levy obligations by assessor's parcel number and that will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act is the Community Development Department located at 352 5 St., Gustine, CA 95322, telephone number (209) 854-6471.
Section 2. Formation of District. City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California, is hereby established. The boundaries of CFO No. 2024-1 are set forth and shown on the map entitled "Proposed Boundaries of City of
Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California," which is on file with the City Clerk, and those boundaries are hereby established.
Section 3. Types of Services: Incidental Expenses.
A general description of certain public services (the "Services") proposed to be financed by CFO No. 2024-1 is set forth in Exhibit A attached hereto and incorporated herein by this reference and all incidental costs associated with the establishment of the CFO, administration thereof, the determination of the amount of any special taxes to be levied, the costs of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the CFO.
Section 4. Special Taxes. Except where funds are otherwise available, a special tax sufficient to finance the Services and related incidental expenses (the "Special Taxes"), secured by the recordation of a continuing lien against all taxable or nonexempt property in CFO No. 2024-1, shall be annually levied within the CFO No. 2024-1.
Under no circumstances will the Special Tax levied in any fiscal year against any parcel used for private residential purposes be increased as consequence of delinquency or default by the owner of any other parcel or parcels within CFO No. 2024- l by more than l O percent ( l 0%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit or the equivalent for private residential use is issued and for such parcel.
For further particulars as to the rate and method of apportionment of the Special Taxes to be levied on parcels of taxable property in CFO No. 2024-1 reference is made to the attached and incorporated Exhibit B (the "Rate and Method") which sets forth in sufficient detail the rate and method of apportionment of the Special Taxes to allow each landowner or resident within each CFO No. 2024-1 to clearly estimate the maximum amount that such person will have to pay.
There are no conditions under which the obligation to pay the Special Tax may be prepaid and permanently satisfied as set forth in the Rate and Method.
Pursuant to Section 53340 of the Act, said Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes: provided however, that CFO No. 2024-1 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessor's parcels as permitted by the Act.
Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Taxes shall attach to all non-exempt real property in CFO No. 2024-1, and that lien shall continue in force and effect in perpetuity. The special tax obligation shall not be prepaid and shall continue in perpetuity or until the City ceases to provide the Services and the lien cancelled in accordance with law.
Section 5. Exempt Properties. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments shall be exempt from the levy of Special Taxes.
Section6. Report, The Report is hereby approved and is made a part of the record of the public hearing regarding the formation of CFO No. 2024-1, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.
Section 7. Repayment of Funds Advanced or Work-in-Kind. Pursuant to Section 53314.9 of the Act, the City Council proposes to accept advances of funds or work-inkind from private persons or private entities and to provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including but not limited to, paying any costs incurred by the City in creating CFO No. 2024-1, and to enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind to repay funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council.
Section 8. Description of Voting Procedures. Except as otherwise provided in this section, the special election on the propositions identified below shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, insofar as they may be applicable. The voting procedures to be followed in conducting the special election on (i) the proposition with respect to the levy of special taxes on parcels of taxable property within CFO No. 2024-1 to pay the ongoing costs of providing the Services and (ii) the proposition with respect to establishing an appropriations limit for CFO No. 2024-1 in the amount of $4,000,000 (the "Special Election") shall be as follows:
(a) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution pursuant to Section 53326 of the Act submitting to the qualified electors of CFO No. 2024-1 the propositions with respect to (i) the levy of special taxes to pay the ongoing costs of providing the Services and (ii) establishing an appropriations limit for the community facilities district to the qualified electors of the community facilities district, upon which such elections can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within CFO No. 2024-1 and the City Clerk agree and concur is acceptable.
(b) Pursuant to Section 53326 of the Act, the Special Election may be held earlier than 90 days following the close of the public hearing if the qualified electors of CFO No. 2024-1 waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (c) Pursuant to Section 53326 of the Act, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
(d) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolutions calling and consolidating the Special Election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of that Code, an
impartial analysis by the City Attorney pursuant to Section 9280 of that Code with respect to the ballot propositions contained in the official ballot, arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the Resolution of Intention provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners who are qualified electors and shall be so stated in the resolution adopted by the City Council calling the Special Election. Such statement, impartial analysis and arguments, if any, shall be prepared by the City Attorney. (e) The official ballot to be mailed or delivered by the City Clerk or her designee to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within CFO No. 2024-l.
(f) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(g) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by the hour on the date of the election which is specified by the City Council in the resolution calling the Special Election for the receipt of voted ballots; provided that if all qualified voters have voted, the elections shall be closed with the concurrence of the City Clerk.
(h) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
The procedures set forth in this section for conducting the Special Election, if they are held, may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
Section 9. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 10. Effective Date. This Resolution shall become effective upon its adoption.
THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed by the City Council at a regular meeting held on the 5th day of November, 2024, and the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, City Clerk
City of Gustine
EXHIBIT A
CITY OF GUSTINE
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(PUBLIC SAFETY AND STORMWATER AND PARKS MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The City of Gustine (the "City") is establishing the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California (the "CFD") to finance, in whole or in part, the following services ("services" shall have the meaning given to that term in the Mello-Roos Community Facilities Act of 1982 (the "Act")) which include administration expenses and collection for reserves. All services to be funded by the CFO are to be in addition to those provided before the CFO was created, and may not supplant services already available when the CFO was created.
Authorized Services:
The types of City services to be financed by the CFD ("Services") shall include all services authorized under section 53313 of the Act, including without limitation, police protection services, fire protection and suppression services, maintenance of streets and roadways, maintenance and operation of street lights, parks, parkways and open space, graffiti removal, the operation and maintenance of storm drainage systems, and any other services authorized to be financed pursuant to the Act, including any incidental expenses, and any other miscellaneous or incidental services identified by the City necessary to provide the described Services herein.
Administrative Expenses:
In addition, the following costs will also be funded by the special taxes levied within the CFO.
1. Administrative Expenses including costs incurred to determine, levy and collect the special taxes, including compensation of City employees for administrative work performed in relation to the CFO and a proportionate amount of the City's general administrative overhead related thereto, the fees of consultants and legal counsel, the costs of collecting installments of the special taxes upon the general tax rolls, preparation of required reports, and any other costs incurred for the administration of the CFO by the City;
2. Any amounts needed for operating reserves and capital replacement reserves; and
3. Any amounts needed to cure actual or estimated delinquencies in special taxes for the current or previous fiscal years.
A-1
28859.00030\42824356. l
EXHIBIT "B"
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF GUSTINE
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(PUBLIC SAFETY AND STORM WATER AND PARKS MAINTENANCE SERVICES) A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services) ("CFO No. 2024-1 ") and collected each Fiscal Year commencing in Fiscal Year 2025-2026, in an amount determined by the CFO Administrator, according to the method of apportionment set forth herein. All of the real property in CFO No. 2024-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. All Special Taxes collected hereunder shall only be used for the Special Tax Requirement, as hereinafter defined, and for no other purpose.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation and administration of CFO No. 2024-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFO No. 2024-1 or any designee thereof of complying with City or CFO No. 2024-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFO No. 2024-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third-party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFO No. 2024-1 for any other administrative purposes of CFO No. 2024-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of property due to delinquent Special Taxes.
"Assessor's Parcel" means any real property to which an Assessor's parcel number is assigned as shown on an Assessor's Parcel Map. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's parcel number.
B-1
"Authorized Services" means the services provided by the City including (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) graffiti removal, (iii) fire protection and suppression services, (iv) police protection services, and (v) any other services authorized to be financed pursuant to the Act. "Central California Irrigation District" means the Central California Irrigation District.
"CFD Administrator" means the official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
"CFD No. 2024-1" means the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services). "City" means the City of Gustine.
"Consumer Price Index" means the Consumer Price Index published by the U.S.
Bureau of Labor Statistics for "All Urban Consumers" in the San Francisco - Oakland - Hayward Area, measured as of the end of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFO Administrator that is reasonably comparable to the Consumer Price Index for the San Francisco -- Oakland - Hayward Area.
"Council" means the City Council of the City, acting as the legislative body of CFO No. 2024-1.
"County" means the County of Merced.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for the construction of one or more new residential dwelling units or for a non-residential use was issued after January 1, 2024 and on or before January 1 preceding the Fiscal Year in which the Special Tax is being levied (i.e., a building permit for new construction issued prior to January 1, 2025 would be considered Developed Property beginning in Fiscal Year 2025-2026). "Fiscal Year" means the period starting July 1 and ending on the following June
30. "Land Use Class" means any of the land use classes listed in Table 1 below. "Maximum Annual Special Tax" means the Maximum Annual Special Tax, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor's Parcel of Developed Property within CFO No. 2024-1.
B-2
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) was issued for a non-residential use. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFO No. 2024-1 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year.
"Proportionately" means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Annual Special Tax is equal for all Assessor's Parcels of Developed Property, except to the extent that the Special Tax levy on Developed Property is limited as described in Section D below. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFO No. 2024-1 that was owned by or irrevocably offered for dedication to the federal government, the State, the City, Central California Irrigation District, or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; and (ii) any property within the boundaries of CFO No. 2024-1 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for CFO No. 2024-1 to: (i) pay for Authorized Services; (ii) pay for Administrative Expenses as determined by the CFO Administrator; (iii) pay for reasonably anticipated Special Tax delinquencies based upon the historical delinquency rate for CFO No. 2024-1; less (iv) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFO Administrator. "State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFO No. 2024-1 which are not exempt from the Special Tax pursuant to law or Section E below.
B-3
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.
"Welfare Exemption Property" means, for each Fiscal Year, an Assessor's Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code ( or any successor statute), as indicated in the County's assessor's roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section 53340(c) of the Act.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2024-1 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
Developed Property shall be further classified as Residential Property or NonResidential Property. The Maximum Annual Special Tax for Residential Property shall be based on the number of dwelling units located on such Assessor's Parcel.
The Maximum Special Tax for Non-Residential Property shall be based on the Acreage of such Assessor's Parcel.
C. MAXIMUM ANNUAL SPECIAL TAX
1. Developed Property
or eve1ope ropertv
Land Use Class
Fiscal Year 2025-2026
Maximum Special Tax
Residential Property $1,352 per unit
Non-Residential Property $6,000 per Acre
a. Maximum Special Tax
The Fiscal Year 2025-2026 Maximum Annual Special Tax is shown below in Table 1.
Table 1
Maximum Annual Special Tax
f D I d P
b. Multiple Land Use Classes
B-4
2. In some instances an Assessor's Parcel may contain both Undeveloped Property and Developed Property. Furthermore, Developed Property may contain more than one Land Use Class.
In such cases, the Acreage of the Assessor's Parcel shall be allocated between Developed Property and Undeveloped Property based on the portion of the Assessor's Parcel for which building permits had been issued prior to January 1 of the prior Fiscal Year and the portion of the Assessor's Parcel for which building permits had not been issued prior to January 1 of the prior Fiscal Year. The Acreage that is considered Developed Property shall be allocated between Residential Property and Non-Residential Property based on the site plan. The Maximum Special Tax that can be levied on such Assessor's Parcel shall be the sum of the Maximum Special Tax that can be levied on each type of Developed Property located on that Assessor's Parcel.
c. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2026, the Maximum Annual Special Tax shall be increased by the positive percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
Undeveloped Property
The Special Tax shall not be levied on Undeveloped Property.
D. APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2025-2026 and for each following Fiscal Year, the Council shall levy the Special Tax so that the amount of the Special Tax equals the lesser of the Special Tax Requirement or the Maximum Annual Special Tax.
The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax.
To the extent that the Special Tax Requirement is greater than the aggregate Maximum Annual Special Tax, the Special Tax collected shall first be allocated to pay Administrative Expenses and then to pay for Authorized Services. In no event shall the Special Tax proposed for any Assessor's Parcel in any Fiscal Year exceed the Maximum Special Tax applicable for such Fiscal Year.
Notwithstanding the above, pursuant to Section 53321 (d)(3) of the California Government Code, under no circumstances shall the Special Tax levied in any Fiscal Year against any Assessor's Parcel in CFO No. 2024-1 for which an occupancy permit for private residential use has been issued be increased as a consequence of delinquency or default by the owner or owners of any other B-5
Assessor's Parcel(s) within CFO No. 2024-1 by more than 10% above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Special Tax on Assessor's Parcels of residential property is limited by the provision in the previous sentence, the levy of the Special Tax on all of the Assessor's Parcels of nonresidential property within CFO No. 2024-1 shall continue to increase in equal percentages at up to 100% of the Maximum Special Tax.
E. EXEMPTIONS
The Special Tax shall not be levied on Property Owner Association Property, Public Property, or Welfare Exemption Property. However, should an Assessor's Parcel no longer be classified as Property Owner Association Property, Public Property, or Welfare Exemption Property, its tax-exempt status will be revoked.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFO Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFO Administrator shall review the appeal, meet with the appellant if the CFO Administrator deems necessary, and advise the appellant of its determination. If the CFO Administrator agrees with the appellant, the CFO Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant. If the CFO Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFO Administrator's determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFO No. 2024-1 may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act.
B-6
H. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement.
B-7
RESOLUTION 2024-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE, CALIFORNIA CALLING A
SPECIAL ELECTION AND SUBMITTING TO THE VOTERS CITY OF GUSTINE COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC SAFETY AND STORMWATER AND PARKS
MAINTENANCE SERVICES), COUNTY OF MERCED, STATE OF CALIFORNIA, PROPOSITIONS
REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES
DISTRICT TO PAY THE COSTS OF CERTAIN PUBLIC SERVICES, AND ESTABLISHING AN
APPROPRIATIONS LIMIT THEREFOR
WHEREAS, pursuant to Section 53325. l of the California Government Code, the City Council (the "City Council") of the City of Gustine (the "City") has adopted the resolution of formation of the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services), County of Merced, State of California ("CFO No. 2024- 1"), establishing CFO No. 2024-1 and the boundaries thereof (the "Resolution of Formation"); and
WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council also submit to the voters of CFO No. 2024- l the proposition relating to the annual levy of special taxes on taxable property within CFO No. 2024- l to pay the costs for certain public services; and
WHEREAS, pursuant to Section 53325.7 of the California Government Code, the City Council may also submit to the voters of CFO No. 2024- l a proposition with respect to establishing an appropriations limit for CFO No. 2024-1; and WHEREAS, the City Clerk (the "City Clerk") has advised the City Council that they have received a statement from the Registrar of Voters of the County of Merced that there are no persons registered to vote in the territory of CFO No. 2024-1.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine:
Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporated herein by this reference; (i) 12 persons have not been registered to vote within the territory of CFO No. 2024- l for each of the 90 days preceding the close of the public hearing held on November 5, 2024; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this Resolution shall be by the landowners of CFO No. 2024-1 whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within CFO No. 2024-1 which would be subject to the proposed special taxes if they were levied at the time of the election; [iv) the owners of all of the property in CFO No. 2024-l have by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the election called by this Resolution and the election on the propositions of CFO No. 2024-1, which pursuant to Section 4 hereof is a special election called hereby, (b) consented to the holding of the special election on November 5, 2024, (c) waived notice and mailed notice of the time and date of the special election, and (d) waived an impartial analysis of the ballot propositions pursuant to Section 9313 or 13119 of the California Elections Code and arguments and rebuttals pursuant to Sections 9314 to 9317, inclusive, mailing of a statement pursuant to Section 9401 of that Code and receipt of a ballot pamphlet
as required by Section 3023 of that Code; and (v) the City Clerk has consented to the holding of the special election on November 5, 2024.
Section 2. Call of Election. The City Council hereby calls and schedules a special election for November 5, 2024, within and for CFD No. 2024-1 on (i) the proposition with respect to the annual levy of special taxes on taxable property within CFD No. 2024-1 for the payment of the ongoing maintenance of certain public services to be provided by CFD No. 2024-1 and (ii) the proposition with respect to establishing an appropriations limit for CFD No. 2024-1.
Section 3. Propositions. The propositions to be submitted to the voters of CFD No. 2024-1 at such special election shall be as follows:
Proposition A: Shall City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), subject to accountability measures required pursuant to Government Code Section 50075.1 levy a special tax annually, on taxable property within City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California ("CFD 2024-1"), to pay certain Services as defined and for the purposes specified in the Resolution of Formation adopted by the City Council of the City of Gustine on November 5, 2024 (the "Resolution of Formation"), to finance, including without limitation, police protection services, fire protection and suppression services, maintenance of streets and roadways, maintenance and operation of street lights, parks, parkways and open space, graffiti removal, the operation and maintenance of storm drainage systems, and any other services authorized to be financed pursuant to the Act, including any incidental expenses, and any other expense required in order to carry out the authorized purposes of CFD 2024-1, and to levy and collect the special tax, so long as the special tax is needed to pay for the Services and for such other purposes, at the special tax rates and pursuant to the rate and method of apportioning the special tax (the "Rate and Method") set forth in Exhibit B to the Resolution of Formation adopted by the City Council of the City of Gustine on November 5, 2024, be approved?
Proposition B: Shall City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California establish an annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, in the amount of $4,000,000 be approved?
Section 4. Special Election. The special election called hereby on the propositions to be submitted to the voters of CFD No. 2024-1, as set forth in Section 3 hereof, shall be a special election submitting to the qualified electors of CFD No. 2024-1 the proposition with respect to the annual levy of special taxes on taxable property within CFD No. 2024- 1 to pay for certain public services and to establish an appropriations limit for CFD No. 2024-1. The ballot for said consolidated elections shall be in the form attached hereto as Exhibit A.
Section 5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and
in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.
Section 6. Election Procedures. The procedures to be followed in conducting the special election on (i) the proposition with respect to the levy of special taxes on taxable property within CFO No. 2024-1 to pay the for the ongoing maintenance of certain public services and (ii) the proposition with respect to establishing an appropriations limit for CFO No. 2024-1 in the amount of $4,000,000 (the "Special Election") shall be as follows:
(a) Pursuant to Section 53326 of the California Government Code, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail or personal service.
(b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit A, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots and a copy of the Resolution of Intention adopted by the City Council of the City of Gustine on October 1, 2024.
(c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within CFO No. 2024-1. (d) The return identification envelope to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, [iv) the printed name and signature of the voter, (v) the address of the voter, [vi) the date of signing and place of execution of the declaration, and [vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended
thereto properly completed and signed in the sealed return identification envelope ,with the certification thereon completed and signed and all other information to be inserted thereon properly inserted and returned to the City Clerk by 5:00 p.m. on the date of the Special Election; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk.
[fl Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the Special Election, the City Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
Section 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 8. Effective Date. This Resolution shall become effective immediately.
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 5th day of November 2024, and the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, City Clerk
City of Gustine
EXHIBIT A
OFFICIAL BALLOT
SPECIAL ELECTION FOR
CITY OF GUSTINE COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC
SAFETY AND STORMWATER AND PARKS MAINTENANCE SERVICES)
COUNTY OF MERCED, STATE OF CALIFORNIA
November 5, 2024
To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another.
PROPOSITION A: Shall City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks II YES II Maintenance Services), County of Merced, State of California subject to ' i T accountability measures required pursuant to Government Code Section 50075.1 levy a special tax annually, on taxable property within City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California ("CFD 2024-1 "), to pay certain Services as defined and for the purposes specified in the Resolution of Formation adopted by the City Council of the City of Gustine on November 5, 2024 (the "Resolution of Formation"), to finance, including without limitation, police protection services, fire protection and suppression services, maintenance of streets and roadways, maintenance and operation of street lights, parks, parkways and open space, graffiti removal, the operation and maintenance of storm drainage systems, and any other services authorized to be financed pursuant to the Act, including any incidental expenses, and any other expense required in order to carry out the authorized purposes of CFO 2024-1, and to levy and collect the special tax, so long as the special tax is needed to pay for the Services and for such other purposes, at the special tax rates and pursuant to the rate and method of apportioning the special tax (the "Rate and Method") set forth in Exhibit B to the Resolution of Formation adopted by the City Council of the City of Gustine on November 5, 2024, be approved? PROPOSITION B: Shall City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California establish an annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, in the amount of $4,000,000 be approved?
A-1
YES
NO
PROPOSITIONS A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 50075 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
A-2
RESOLUTION 2024-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE, CALIFORNIA DECLARING
THE RESULTS OF THE SPECIAL ELECTION WITHIN CITY OF GUSTINE COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC SAFETY AND STORMWATER AND PARKS MAINTENANCE
SERVICES), COUNTY OF MERCED, STATE OF CALIFORNIA
WHEREAS, the City Council (the "City Council") of the City of Gustine (the "City") has previously undertaken proceedings to establish and did establish a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part l, Division 2, Title 5 of the Government Code of the State of California (the "Act") with the adoption of a resolution of formation on November 5, 2024 [the "Resolution of Formation"). This community facilities district shall hereinafter be referred to as City of Gustine Community Facilities District No. 2024-1 [Public Safety And Stormwater and Parks Maintenance Services), County of Merced, State of California ("CFO No. 2024-1 "); and
WHEREAS, on November 5, 2024, the City Council also adopted a resolution calling a special election for November 5, 2024, for submitting to the qualified electors of CFO No. 2024-1 the proposition with respect to the annual levy of special taxes on taxable property within CFO No. 2024-1 to pay for certain public services and to establish an appropriations limit for CFO No. 2024-1 (the "Election Resolution"); and WHEREAS, the City Council has received a statement from the City Clerk [the "City Clerk"), who pursuant to the Election Resolution was authorized to conduct the special election for CFO No. 2024-1 and act as the election official therefor, with respect to the canvass of the ballots returned and the results of the special election, certifying that more than two-thirds of the votes cast upon the propositions submitted to the voters in the special election in CFO No. 2024-1 were cast in favor of all such propositions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gustine does hereby resolve, declare, and determine as follows:
Section 1. Recitals. The above recitals are all true and correct and are incorporated herein by this reference.
Section 2. Findings. The City Council finds that: (i) there were no persons registered to vote within the boundaries of CFO No. 2024-1 at the time of the close of the protest hearing on November 5, 2024, and pursuant to Section 53326 of the California Government Code ("Section 53326") the vote in the special election for CFO No. 2024-1 was, therefore, to be by the landowners owning land within CFO No. 2024-1, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within CFO No. 2024-1 which would have been subject to the special tax if levied at the time of the special election; (ii) pursuant to Section 53326 and the Election Resolution, the City Clerk distributed the ballots for the special election to the owners of all of the taxable property included within the boundaries of CFO No. 2024-1 (the "Property Owner") by mail or personal delivery; (iii) the Property Owner waived the time limits for holding the special election and the election date specified in Section 53326, and consented to the calling and holding of the special election on November 5, 2024; [iv) the special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (v) pursuant to Section 53326, the Property Owner, which owns approximately 41 .69 acres in CFO No. 2024-1, was entitled to a total of 42 votes; (vi) the ballots were returned by the Property Owner to the
City Clerk prior to the hour on the date of the election specified by the City Council for the return of voted ballots; (vii) the ballots returned to the City Clerk by the Property Owner voted all votes to which they were entitled in favor of all propositions set forth therein; (viii) more than two-thirds of the votes cast in the special election in CFD No. 2024- 1, on each such proposition were cast in favor thereof, and pursuant to Sections 53328 and 53329 of the California Government Code, all such propositions carried; (ix) the City Council, as the legislative body of CFD No. 2024-1, is therefore authorized to take the necessary action to have CFD No. 2024-1 annually levy special taxes on taxable property within CFD No. 2024-1, in an amount sufficient to pay for certain public services to be provided, and (x) an appropriations limit for CFD No. 2024-1 has been established in the amount 0f $4,000,000.
Section 3. Declaration of Results. All votes voted in the special election on the propositions with respect to (i) the annual levy of special taxes on taxable property within CFD No. 2024-1 to pay for certain public services to be provided as described in the Resolution of Formation; and (ii) establishing an appropriations limit for CFD No. 2024-1 in the amount of $4,000,000 were voted in favor thereof, and all such propositions carried.
Section 4. Effect of Elections. The effect of the results of the special election, as specified in Section 3 hereof, is that the City Council, as the legislative body of CFD No. 2024-1, is authorized (i) to annually levy special taxes on taxable property within CFD No. 2024-1 in an amount sufficient to pay for certain public services to be provided as described in the Resolution of Formation at the special tax rates and pursuant to the methodology for determining and apportioning such special taxes which are set forth in Exhibit B to the Resolution of Formation adopted by the City Council of the City of Gustine on November 5, 2024; and (ii) an appropriations limit has been established for CFD No. 2024-1 in the amount of $4,000,000.
Section 5. Notice of Special Tax Lien. The City Clerk shall record a notice of special tax lien pursuant to Section 53328.3 of the California Government Code and Section 3114.5 of the California Streets and Highways Code.
Section6. Severability If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 7. Effective Date. This Resolution shall become effective immediately.
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 5th day of November 2024, and the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Melanie Correa, City Clerk
City of Gustine
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUSTINE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF GUSTINE COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC SAFETY AND STORMWATER AND PARKS MAINTENANCE SERVICES),
COUNTY OF MERCED, STATE OF CALIFORNIA AUTHORIZING THE LEVY OF SPECIAL TAXES IN
SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the "City Council") of the City of Gustine, California (the "City"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in the community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part
1. Division 2, Title 5 of the Government Code of the State of California (the "Act"). This community facilities district shall hereinafter be referred to as the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California ("CFD No. 2024-1 ").
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GUSTINE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024-1, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. This City Council does, by the passage of this Ordinance, authorize the levy of special taxes on taxable properties located in CFD No. 2024-1 pursuant to the Rate and Method of Apportionment for CFD No. 2024-1 as set forth in Exhibit A attached hereto and incorporated herein by this reference (the "Rate and Method").
SECTION 2. This City Council, acting as the legislative body of CFD No. 2024-1, is hereby further authorized, by resolution, to annually determine the special tax to be levied within CFD No. 2024-1 for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method.
SECTION 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, CFD No. 2024-1 may utilize a direct billing procedure for any special taxes that cannot be collected on the County of Merced tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations.
SECTION 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the California Streets and Highways Code, which lien shall be a continuing lien and shall secure each levy of the special taxes. The lien of the Special Tax (as defined in the Rate and Method) shall continue in force and effect until the City no longer provides the services and the lien canceled in accordance with law or until the Special Tax ceases to be levied by the City Council.
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen ( 15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City.
Introduced at a regular meeting of the City Council of the City of Gustine, California, on November 5, 2024.
PASSED and ADOPTED by the City Council of the City of Gustine this 5 day of November, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, City Clerk
City of Gustine
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF GUSTINE
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(PUBLIC SAFETY AND STORMWATER AND PARKS MAINTENANCE SERVICES) A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services) ("CFD No. 2024-1 ") and collected each Fiscal Year commencing in Fiscal Year 2025-2026, in an amount determined by the CFO Administrator, according to the method of apportionment set forth herein. All of the real property in CFO No. 2024-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. All Special Taxes collected hereunder shall only be used for the Special Tax Requirement, as hereinafter defined, and for no other purpose.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation and administration of CFO No. 2024-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFO No. 2024-1 or any designee thereof of complying with City or CFO No. 2024-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFO No. 2024-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third-party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFO No. 2024-1 for any other administrative purposes of CFO No. 2024-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of property due to delinquent Special Taxes.
"Assessor's Parcel" means any real property to which an Assessor's parcel number is assigned as shown on an Assessor's Parcel Map. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's parcel number.
"Authorized Services" means the services provided by the City including (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) graffiti removal, (iii) fire protection and suppression services, (iv) police protection services, and (v) any other services authorized to be financed pursuant to the Act. "Central California Irrigation District" means the Central California Irrigation District.
"CFD Administrator" means the official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
"CFD No. 2024-1" means the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services). "City" means the City of Gustine.
"Consumer Price Index" means the Consumer Price Index published by the U.S.
Bureau of Labor Statistics for "All Urban Consumers" in the San Francisco - Oakland - Hayward Area, measured as of the end of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFO Administrator that is reasonably comparable to the Consumer Price Index for the San Francisco - Oakland - Hayward Area.
"Council" means the City Council of the City, acting as the legislative body of CFO No. 2024-1.
"County" means the County of Merced.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for the construction of one or more new residential dwelling units or for a non-residential use was issued after January 1, 2024 and on or before January 1 preceding the Fiscal Year in which the Special Tax is being levied (i.e., a building permit for new construction issued prior to January 1, 2025 would be considered Developed Property beginning in Fiscal Year 2025-2026). "Fiscal Year" means the period starting July 1 and ending on the following June
30. "Land Use Class" means any of the land use classes listed in Table 1 below. "Maximum Annual Special Tax" means the Maximum Annual Special Tax, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor's Parcel of Developed Property within CFO No. 2024-1.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) was issued for a non-residential use. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2024-1 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year.
"Proportionately" means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Annual Special Tax is equal for all Assessor's Parcels of Developed Property, except to the extent that the Special Tax levy on Developed Property is limited as described in Section D below. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2024-1 that was owned by or irrevocably offered for dedication to the federal government, the State, the City, Central California Irrigation District, or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; and (ii) any property within the boundaries of CFD No. 2024-1 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2024-1 to: (i) pay for Authorized Services; (ii) pay for Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax delinquencies based upon the historical delinquency rate for CFD No. 2024-1; less (iv) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator. "State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2024-1 which are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.
"Welfare Exemption Property" means, for each Fiscal Year, an Assessor's Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County's assessor's roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section 53340(c) of the Act.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFO No. 2024-1 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
Developed Property shall be further classified as Residential Property or NonResidential Property. The Maximum Annual Special Tax for Residential Property shall be based on the number of dwelling units located on such Assessor's Parcel.
The Maximum Special Tax for Non-Residential Property shall be based on the Acreage of such Assessor's Parcel.
C. MAXIMUM ANNUAL SPECIAL TAX
1. Developed Property
or eve1ope roper{y
Land Use Class
Fiscal Year 2025-2026
Maximum Special Tax
Residential Property $1,352 per unit
Non-Residential Property $6,000 per Acre
a. Maximum Special Tax
The Fiscal Year 2025-2026 Maximum Annual Special Tax is shown below in Table 1.
Table 1
Maximum Annual Special Tax
f D I d P. rt
b. Multiple Land Use Classes
2. In some instances an Assessor's Parcel may contain both Undeveloped Property and Developed Property. Furthermore, Developed Property may contain more than one Land Use Class.
In such cases, the Acreage of the Assessor's Parcel shall be allocated between Developed Property and Undeveloped Property based on the portion of the Assessor's Parcel for which building permits had been issued prior to January 1 of the prior Fiscal Year and the portion of the Assessor's Parcel for which building permits had not been issued prior to January 1 of the prior Fiscal Year. The Acreage that is considered Developed Property shall be allocated between Residential Property and Non-Residential Property based on the site plan. The Maximum Special Tax that can be levied on such Assessor's Parcel shall be the sum of the Maximum Special Tax that can be levied on each type of Developed Property located on that Assessor's Parcel.
c. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2026, the Maximum Annual Special Tax shall be increased by the positive percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
Undeveloped Property
The Special Tax shall not be levied on Undeveloped Property.
D. APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2025-2026 and for each following Fiscal Year, the Council shall levy the Special Tax so that the amount of the Special Tax equals the lesser of the Special Tax Requirement or the Maximum Annual Special Tax.
The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax.
To the extent that the Special Tax Requirement is greater than the aggregate Maximum Annual Special Tax, the Special Tax collected shall first be allocated to pay Administrative Expenses and then to pay for Authorized Services. In no event shall the Special Tax proposed for any Assessor's Parcel in any Fiscal Year exceed the Maximum Special Tax applicable for such Fiscal Year.
Notwithstanding the above, pursuant to Section 53321 (d)(3) of the California Government Code, under no circumstances shall the Special Tax levied in any Fiscal Year against any Assessor's Parcel in CFO No. 2024-1 for which an occupancy permit for private residential use has been issued be increased as a consequence of delinquency or default by the owner or owners of any other
Assessor's Parcel(s) within CFO No. 2024-1 by more than 10% above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Special Tax on Assessor's Parcels of residential property is limited by the provision in the previous sentence, the levy of the Special Tax on all of the Assessor's Parcels of nonresidential property within CFO No. 2024-1 shall continue to increase in equal percentages at up to 100% of the Maximum Special Tax.
E. EXEMPTIONS
The Special Tax shall not be levied on Property Owner Association Property, Public Property, or Welfare Exemption Property. However, should an Assessor's Parcel no longer be classified as Property Owner Association Property, Public Property, or Welfare Exemption Property, its tax-exempt status will be revoked.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFO Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFO Administrator shall review the appeal, meet with the appellant if the CFO Administrator deems necessary, and advise the appellant of its determination. If the CFO Administrator agrees with the appellant, the CFO Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant. If the CFO Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFO Administrator's determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFO No. 2024-1 may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act.
H. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement.
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CITY OF GUSTINE
COMMUNITY FACILITIES DI.STRICT REPORT
MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982
COMMUNITY FACILITIES DISTRICT NO. 2024-1
Prepared for:
City of Gustine
352 Fifth Street
Gustine, CA 95322
TABLE
OF CONTENTS
PAGE
I INTRODUCTION 1
II PROJECT DESCRIPTION 2
III DESCRIPTION AND ESTIMATED COSTS OF
PROPOSED SERVICES 3
A Description of Proposed Public Services
Funded through CFO No. 2024-1 3
B Estimated Cost of Proposed Public Services 3
C Incidental Expenses to be Included in the
Annual Levy of Special Taxes 4
IV DESCRIPTION AND ESTIMATED COST OF
PROPOSED FACILITIES 5
V RATE AND METHOD OF APPORTIONMENT OF THE
SPECIAL TAX 6
A Explanation for Special Tax Apportionment................. 6 B Maximum Special Tax Rates 7
C Accuracy of Information 7
VI BOUNDARIES OF THE CFD 8
VII GENERAL TERMS AND CONDITIONS 9
A Substitution Services 9
B Appeals and Interpretations 9
C Prepayment of Special Tax 9
APPENDICES
APPENDIX A
APPENDIX B
APPENDIX C
RA TE AND METHOD OF
APPORTIONMENT
MAXIMUM SPECIAL TAXES
BOUNDARY MAP
dta
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SECTION I
INTRODUCTION
INTRODUCTION
WHEREAS, the City of Gustine (hereinafter referred to as the "City") did, pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act"), and specifically Section 53321.5 thereof, expressly order the filing of a written "Report" with the legislative body of the proposed Community Facilities District ("CFD"). This CFD being City of Gustine CFD No. 2024-1 shall hereinafter be referred to as:
"CFD No. 2024-1; and
WHEREAS, the Resolution of Intention of the City Council of the City of Gustine to Establish CFD No. 2024-1 of the City of Gustine, ("hereinafter referred to as "Resolution of Intention") did direct that said Report generally contain the following:
1. A brief description of the services by type which will be required to adequately meet the needs of CFD No. 2024-1;
2. An estimate of the cost of providing those public services; and
3. An estimate of the fair and reasonable cost of any incidental expenses to be incurred.
NOW, THEREFORE, DTA, formerly David Taussig E Associates, does hereby submit this Report on behalf of the officer designated.
City of Gustine Community Facilities District No. 2024-1 Community Facilities District Report
Oc<obe,,202• I 1
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SECTION II
PROJECT DESCRIPTION
II PROJECT DESCRIPTION
CFD No. 2024-1 currently encompasses approximately 42 gross acres of land in the City of Gustine. Of this acreage, approximately 35 acres are expected to be developed into uses subject to a special tax levy. At build-out, the property within CFD No. 2024-1 is anticipated to consist of 157 residential units.
It is anticipated that additional property may annex into the CFO at a future date.
City of Gustine Community Facilities District No. 2024-1 Community Facilities District Report
dta
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SECTION III
DESCRIPTION AND ESTIMATED
COSTS OF PROPOSED SERVICES
III DESCRIPTION AND ESTIMATED COSTS OF PROPOSED SERVICES The discussion in this section refers to the descriptions and estimated costs of the proposed services that will be funded through special taxes levied in CFO No. 2024-1.
A Description of Proposed Public Services Funded through CFO No. 2024-1 A CFO may finance any one or more of the following types of services: police protection services, including, but not limited to, criminal justice services, fire protection and suppression services, and ambulance and paramedic services, recreation program services, library services, and the operation and maintenance of museums and cultural facilities, maintenance of parks, parkways and open space, flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems, and sandstorm protection systems, and services with respect to removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment. The authorized services may be financed only to the extent that such services are in addition to those services provided in the CFO prior to creation of the CFO.
B Estimated Cost of Proposed Public Services
The types of public services proposed to be provided for and financed by CFD No. 2024-1 include, but are not limited to, police protection services, fire protection and suppression services, maintenance of streets and roadways, maintenance and operation of street lights, parks, parkways and open space, graffiti removal, the operation and maintenance of storm drainage systems. The services described in this Report are all services which the legislative body creating CFO No. 2024-1 is authorized to provide, and which are required, in part, to adequately meet the needs of CFO No. 2024-1 as currently proposed.
The estimated annual costs of the proposed services are listed below in Table 1. These costs are only estimates and will increase in future years.
City of Gustine Community Facilities District No. 2024-1 Community Facilities District Report
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Table 1
SECTION III
DESCRIPTION AND ESTIMATED
COSTS OF PROPOSED SERVICES
Maintenance Services
Street Sweeping
Tree Trimming
Storm Drain Maintenance
Graffiti Removal
Park Maintenance
Streetlights
Overhead
Subtotal
Public Safety Services
Police
$35,159
$9,420
$17,293
$3,500
$18,790
$14,092
$9,825
$108,079
$53,380
Fire
Overhead
Subtotal
Total
$27,632
$8,101
$89,113
$197,192
C Incidental Expenses to be Included in the Annual Levy of Special Taxes While the actual cost of administering CFD No. 2024-1 may vary, it is anticipated that the amount of special taxes indicated in Table 1 will also fund up to $15,000 in annual administrative expenses.
City of Gustine Community Facilities District No. 2024-1 Community Facilities District Report
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SECTION IV
DESCRIPTION AND ESTIMATED
COST OF PROPOSED FACILITIES
IV DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES CFD No. 2024-1 is not authorized to finance capital improvements.
City of Gustine Community Facilities District No. 2024-1 Community Facilities District Report Octobe,4, 2024 I S
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SECTION IV
RATE AND METHOD OF
APPORTIONMENT OF THE SPECIAL
TAX
V RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All of the property located within CFO No. 2024-1, unless exempted by law or by the Rate and Method of Apportionment, shall be taxed for the purpose of providing necessary services to serve CFD No. 2024-1. Pursuant to Section 53325.3 of the Act, the tax imposed "is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property." The Special Tax "may be based on benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel, or other reasonable basis as determined by the legislative body," although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution.
As shown in Appendix A, the adopted Rate and Method of Apportionment provides information sufficient to allow an owner of property within CFO No. 2024-1 to estimate the maxi.mum annual Special Tax that may be levied on such property. Sections A through D, below, provide additional information on the Rate and Method of Apportionment of the Special Tax.
A Explanation for Special Tax Apportionment
When a CFO is formed, a Special Tax may be levied on each parcel of taxable property within the CFD to pay for the construction, acquisition and rehabilitation of public facilities, to pay for authorized services or to repay bonded indebtedness or other related expenses incurred by the CFD. This Special Tax must be apportioned in a reasonable manner; however, the tax may not be apportioned on an ad valorem basis.
When more than one type of land use is present within a CFD, several criteria may be considered when apportioning the Special Tax. Generally, criteria based on building square footage, acreage, and land use are selected, and categories based on such criteria are established to differentiate between parcels of property. These categories are a direct result of the projected product mix, and are reflective of the proposed land use types within that CFD. Specific Special Tax levels are assigned to each land use class, with all parcels within a land use class assigned the same Special Tax rate.
The Act does not require that Special Taxes be apportioned to individual parcels based on benefit received. However, in order to ensure fairness and equity, benefit principles have been incorporated in establishing the Special Tax rates for CFD No. 2024-1.
The major assumption inherent in the Special Tax rates set forth in the Rate and Method of Apportionment is that the level of benefit received from the proposed public improvements is a function of land use. This assumption is borne out through an examination of commonly accepted statistical measures for public facility usage.
Residential and non-residential land uses generate different levels of public facility usage based on the type of use and the size of lot.
In measuring average weekday vehicle trip-ends, the Institute of Transportation Engineer's City of Gustine Community Facilities District No. 2024-1 Community Facilities District Report
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SECTION IV
RATE AND METHOD OF
APPORTIONMENT OF THE SPECIAL
TAX
Trip Generation manual identifies land use as the primary determinant of trip-end magnitude. Larger non-residential parcels or those with a higher number of expected occupants typically generate a greater number of trip-ends than do smaller parcels, and therefore, will tend to receive more benefit from road facilities.
Therefore, Special Tax rates have been established for residential and non-residential land use classes.
Based on the types of public services that are proposed for CFD No. 2024-1 and the factors described above, the Special Taxes assigned to Developed Properties are generally proportionate to the relative benefits received by them, and, accordingly, the Special Taxes in CFD No. 2024-1 can be considered fair and reasonable.
B Maximum Special Tax Rates
Appendix B lists the Maximum Special Tax rates that may be levied against Developed Property within each Zone of CFD No. 2024-1. The Maximum Special Tax for Developed Property shall increase each year based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
Each year the Special Tax shall be levied subject to the methodology and Maximum Special Taxes set forth in the Rate and Method of Apportionment, in an amount sufficient to meet the Special Tax Requirement.
C Accuracy of Information
In order to establish the Special Taxes for CFD No. 2024-1 as set forth in the Rate and Method of Apportionment, David Taussig and Associates, Inc. has relied on information including, but not limited to absorption, land-use types, and net taxable acreage which were provided to David Taussig and Associates, Inc. by others. David Taussig and Associates, Inc. has not independently verified such data and disclaims responsibility for the impact of inaccurate data provided by others, if any, on the Rate and Method of Apportionment for CFD No. 2024- 1, including the inability to meet the financial obligations of CFD No. 2024-1.
City of Gustine Community Facilities District No. 2024-1 Community Facilities District Report
October 4, 2024 I 7
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SECTION VI
BOUNDARIES OF THE CFO
VI BOUNDARIES OF THE CFO
The boundaries of CFD No. 2024-1 include all land on which the Special Taxes may be levied.
A map of the area included within CFD No. 2024-1 is provided as Appendix C.
City of Gustine Community Facilities District No. 2024-1 Community Facilities District Report Octobe,4, 2024 I a
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SECTION VII
GENERAL TERMS AND
CONDITIONS
VII GENERAL TERMS AND CONDITIONS
A Substitution Services
The descriptions of the public services, as set forth herein, are general in their nature. The final nature, location, and costs of services will be determined upon the preparation of final plans and specifications. The final plans may show substitutes, in lieu or modifications to the proposed work in order to accomplish the work, and any such substitution shall not be a change or modification in the proceedings as long as the Services provide a service substantially similar to that as set forth in this Report.
B Appeals and Interpretations
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFO Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFO Administrator shall review the appeal, meet with the appellant if the CFO Administrator deems necessary, and advise the appellant of its determination. If the CFO Administrator agrees with the appellant, the CFO Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant. If the CFO Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFO Administrator's determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
C Prepayment of Special Tax
The Special Tax cannot be prepaid.
City of Gustine Community Facilities District No. 2024-1 Community Facilities District Report
Octobe, 4, 2024 I 9
APPENDIX A
City of Gustine
Community Facilities District Report
Community Facilities District No. 2024-1
RATE AND METHOD OF
APPORTIONMENT
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF GUSTINE
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(PUBLIC SAFETY AND STORMWATER AND PARKS MAINTENANCE SERVICES) A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services} ("CFD No. 2024-1") and collected each Fiscal Year commencing in Fiscal Year 2025-2026, in an amount determined by the CFD Administrator, according to the method of apportionment set forth herein. All of the real property in CFO No. 2024-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. All Special Taxes collected hereunder shall only be used for the Special Tax Requirement, as hereinafter defined, and for no other purpose.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of Califoria.
"Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation and administration of CFO No. 2024-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 2024-1 or any designee thereof of complying with City or CFD No. 2024-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2024-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third-party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2024-1 for any other administrative purposes of CFD No. 2024-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of property due to delinquent Special Taxes. "Assessor's Parcel" means any real property to which an Assessor's parcel number is assigned as shown on an Assessor's Parcel Map. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's parcel number.
City of Gustine August 26, 2024
CFD No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services) Page 1
"Authorized Services" means the services provided by the City including (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) graffiti removal, (iii) fire protection and suppression services, (iv) police protection services, and (v) any other services authorized to be financed pursuant to the Act.
"Central California Irrigation District" means the Central California Irrigation District.
"CFO Administrator" means the official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
"CFO No. 2024-1" means the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services). "City" means the City of Gustine.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the San Francisco - Oakland - Hayward Area, measured as of the end of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFO Administrator that is reasonably comparable to the Consumer Price Index for the San Francisco - Oakland - Hayward Area. "Council" means the City Council of the City, acting as the legislative body of CFD No. 2024-1.
"County" means the County of Merced.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for the construction of one or more new residential dwelling units or for a non-residential use was issued after January 1, 2024 and on or before January 1 preceding the Fiscal Year in which the Special Tax is being levied (i.e., a building permit for new construction issued prior to January 1, 2025 would be considered Developed Property beginning in Fiscal Year 2025-2026).
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Land Use Class" means any of the land use classes listed in Table 1 below.
City of Gustine August 26, 2024
CFD No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services) Page 2
"Maximum Annual Special Tax" means the Maximum Annual Special Tax, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor's Parcel of Developed Property within CFO No. 2024-1.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) was issued for a non-residential use. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFO No. 2024-1 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year.
"Proportionately" means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Annual Special Tax is equal for all Assessor's Parcels of Developed Property, except to the extent that the Special Tax levy on Developed Property is limited as described in Section D below. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFO No. 2024-1 that was owned by or irrevocably offered for dedication to the federal government, the State, the City, Central California Irrigation District, or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; and (ii) any property within the boundaries of CFO No. 2024-1 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for CFO No. 2024-1 to: (i) pay for Authorized Services; (ii) pay for Administrative Expenses as determined by the CFO Administrator; (iii) pay for reasonably anticipated Special Tax delinquencies based upon the historical delinquency rate for CFO No. 2024-1; less (iv) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFO Administrator. "State" means the State of California.
City of Gustine August 26, 2024
CFD No. 2024-1 (Public Safety and Storm water and Parks Maintenance Services) Page 3
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFO No. 2024-1 which are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.
"Welfare Exemption Property" means, for each Fiscal Year, an Assessor's Parcel that is {a) receiving a welfare exemption under subdivision {g) of Section 214 of the California Revenue and Taxation Code {or any successor statute), as indicated in the County's assessor's roll finalized as of January 1 of the previous Fiscal Year, and {b) exempt from the Special Tax pursuant to Section 53340(c) of the Act.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFO No. 2024-1 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
Developed Property shall be further classified as Residential Property or NonResidential Property. The Maximum Annual Special Tax for Residential Property shall be based on the number of dwelling units located on such Assessor's Parcel. The Maximum Special Tax for Non-Residential Property shall be based on the Acreage of such Assessor's Parcel.
C. MAXIMUM ANNUAL SPECIAL TAX
1. Developed Property
a. Maximum Special Tax
The Fiscal Year 2025-2026 Maximum Annual Special Tax is shown below in Table 1.
City of Gustine August 26, 2024
CFD No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services) Page 4
2. Table 1
Maximum Annual Special Tax
for Developed Property
Land Use Class
Fiscal Year 2025-2026
Maximum Special Tax
Residential Property $1,352 per unit
Non-Residential Property $6,000 per Acre
b. Multiple Land Use Classes
In some instances an Assessor's Parcel may contain both Undeveloped Property and Developed Property. Furthermore, Developed Property may contain more than one Land Use Class.
In such cases, the Acreage of the Assessor's Parcel shall be allocated between Developed Property and Undeveloped Property based on the portion of the Assessor's Parcel for which building permits had been issued prior to January 1 of the prior Fiscal Year and the portion of the Assessor's Parcel for which building permits had not been issued prior to January 1 of the prior Fiscal Year. The Acreage that is considered Developed Property shall be allocated between Residential Property and Non-Residential Property based on the site plan. The Maximum Special Tax that can be levied on such Assessor's Parcel shall be the sum of the Maximum Special Tax that can be levied on each type of Developed Property located on that Assessor's Parcel.
c. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2026, the Maximum Annual Special Tax shall be increased by the positive percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
Undeveloped Property
The Special Tax shall not be levied on Undeveloped Property.
City of Gustine August 26, 2024
CFD No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services) Page S
D. APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2025-2026 and for each following Fiscal Year, the Council shall levy the Special Tax so that the amount of the Special Tax equals the lesser of the Special Tax Requirement or the Maximum Annual Special Tax. The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax.
To the extent that the Special Tax Requirement is greater than the aggregate Maximum Annual Special Tax, the Special Tax collected shall first be allocated to pay Administrative Expenses and then to pay for Authorized Services. In no event shall the Special Tax proposed for any Assessor's Parcel in any Fiscal Year exceed the Maximum Special Tax applicable for such Fiscal Year.
Notwithstanding the above, pursuant to Section 53321(d)(3) of the California Government Code, under no circumstances shall the Special Tax levied in any Fiscal Year against any Assessor's Parcel in CFD No. 2024-1 for which an occupancy permit for private residential use has been issued be increased as a consequence of delinquency or default by the owner or owners of any other Assessor's Parcel(s) within CFO No. 2024-1 by more than 10% above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Special Tax on Assessor's Parcels of residential property is limited by the provision in the previous sentence, the levy of the Special Tax on all of the Assessor's Parcels of non-residential property within CFO No. 2024-1 shall continue to increase in equal percentages at up to 100% of the Maximum Special Tax.
E. EXEMPTIONS
The Special Tax shall not be levied on Property Owner Association Property, Public Property, or Welfare Exemption Property. However, should an Assessor's Parcel no longer be classified as Property Owner Association Property, Public Property, or Welfare Exemption Property, its tax-exempt status will be revoked.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFO Administrator shall review the appeal, meet with the appellant if the CFO Administrator City of Gustine August 26, 2024
CFD No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services) Page 6
G.
deems necessary, and advise the appellant of its determination. If the CFO Administrator agrees with the appellant, the CFO Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant. If the CFO Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator's determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFO No. 2024-1 may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act.
H. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement.
City of Gustine August 26, 2024
CFD No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services) Page 7
APPENDIX B
Ci.ty of Gustine
Communi.ty Faci.li.ti.es Di.stri.ct Report
Communi.ty Faci.li.ti.es Di.strict No. 2024-1
MAXIMUM SPECIAL
TAXES
Table B-1: Maximum Special Taxes for Developed Property Land Use Class
Fiscal Year 2025-2026
Maximum Special Tax
Residential Property $1,352 per unit
Non-Residential Property $6,000 per Acre
Note:
On each July 1, commencing on July 1, 2026, the Maximum Special Tax shall be increased based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
APPENDIX C
City of Gustine
Community Facilities District Report
Community Facilities District No. 2024-1
BOUNDARY MAP
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ITEM NO. 6
COUNCIL AGENDA ITEM
NOVEMBER 5, 2024
PREPARED BY: City Attorney, Best Best & Krieger LLP
SUBJECT: Time and Place Fixed to Consider a Public Hearing to Establish Future Annexation to The City of Gustine Community Facilities District No. 2024- 1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California
BACKGROUND
New development within the City is required to mitigate their impacts on City services and facilities. One mechanism to assist developers in meeting these obligations is to authorize funding mechanisms, such as a community facilities district. A community facilities district is a special tax district formed pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq., as amended (the "Act"), which, when authorized, imposes special taxes upon taxable property to pay for the costs of authorized services and facilities.
DISCUSSION
The City has recognized the need for new development to be fiscally neutral and to pay for all facilities and services necessary to serve the needs imposed by such new development. The requirements to mitigate such impacts are often met through conditions of approval or other development conditions.
Prior to this agenda item, the City Council held a duly noticed public hearing and special land owner election to complete formation of the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California ("CFO No. 2024-1") to address the need to provide funding for the continued demand for additional public services associated with new development and population growth. Concurrent with establishing CFO No. 2024-1, the City wishes to develop a mechanism to annex additional property to CFO No. 2024-1 as those projects begin development.
On October 1, 2024 the City Council adopted a resolution of intention, which declared the intention to annex territory in the future to CFO No. 2024-1, approved the boundaries of the proposed future annexation area to CFO No. 2024-1, described the public services proposed to be financed, and the proposed rate and method of apportionment of special taxes. Additionally, the resolution set forth this public hearing to be held.
It is anticipated that additional property will annex into CFO No. 2024-1 at a future date.
Adopting the attached resolution authorizes the future annexation area. If approved
the City will create the ability of efficiently annexing additional properties to CFD No. 2024-1 as needed while providing a streamline process for future development within the future annexation areas. The future property expected to annex into CFD No. 2024- 1 at this time includes, but is not limited to, APNs: 063-180-032 and 063-180-033.
Approval of the resolution described above is a step in the process to authorize the proposed future annexation to CFD No. 2024-1 for future annexation property.
Establishing the ability to annex property in the future, including additional property as may be required, this evening will reduce the administrative burden on the City, City Council, and property owners wishing to develop in the City. The administrative burden is reduced because the Act which usually requires two meetings of the City Council (e.g. a resolution of intention meeting and then a second meeting to hold the public hearing) may be reduced to one meeting pursuant to Section 53339 of the Act. The City can eliminate the need to hold the public hearing upon adopting the future annexation procedures. Instead, with the unanimous consent of the owner or owners of any parcel proposed for annexation, the City can adopt a single resolution approving each annexation.
A special tax proposed to pay for the services to be provided to the territory proposed for annexation in the future shall be equal to any special tax levied to pay for the same services in the original formation property, creating CFD No. 2024-1. However, if the actual cost of providing the services to property within the proposed future annexation area is higher or lower than the cost of providing such services within the existing CFD No. 2024-1, a higher or lower special tax may be levied within such territory to the extent the actual cost of providing the services in the annexation territory is higher or lower than the costs of providing those services to the original formation property. The special tax rates to be imposed in each annexation area are subject to the unanimous approval and election of the owner or owners of such property. In any such circumstance, the rate and method of apportionment may be revised to reflect the higher or lower special tax, as applicable. However, the maximum special tax rate in the existing community facilities district may not be increased as a result of any annexation.
The final steps for establishing the future annexation area to CFD No. 2024-1 will occur at the City Council meeting this evening. The Mayor and the City Council will conduct a public hearing and, following the public hearing may adopt a resolution to form the future annexation area of CFD No. 2024-1.
FISCAL IMPACT
There is no fiscal impact on the City's general fund as the costs of the future annexation proceeding are paid for from proceeds of deposits collected from the property owner to form CFD No. 2024-1.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the lead agency, determined that the resolution is not subject to CEQA pursuant to Sections 15060(c)(2), 5060(c)[3), and
15061 (b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a "project" as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
RECOMMENDATION
Staff recommends that the City Council take the following actions:
l. Conduct a public hearing authorizing future annexations to CFO No. 2024- l
2. Approve a resolution Acting as the Legislative Body of City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California, Authorizing the Annexation of Territory in the Future to Such Community Facilities District
EXHIBIT(S)
A) Resolution Authorizing the Annexation of Territory in the Future APPROVED BY: ------------- Sok n i r o rn Than, City Manager
RESOLUTION 2024-XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF GUSTINE COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC SAFETY AND STORMWATER AND PARKS MAINTENANCE SERVICES), COUNTY OF
MERCED, STATE OF CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY IN THE
FUTURE TO SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the "City Council") of the City of Gustine (the "City") has declared its intention, conducted proceedings and held a public hearing relating to the authorization to annex territory in the future to the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California ("CFO No. 2024-1") pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and specifically Article 3.5 thereof; and
WHEREAS, notice of such public hearing was given in the form and manner as required by the Act; and
WHEREAS, all communications relating to the authorization to annex territory in the future were presented at such public hearing, and it has been determined that a majority protest as defined by Government Code Section 53339 .6 has not been received against the authorization to annex territory in the future to CFO No. 2024-1; and WHEREAS, it has now been determined to be within the public interest and convenience to establish a procedure to allow and provide for future annexations to CFO No. 2024-1 and further to specify the amount of special taxes that would be authorized to be levied on any parcels that may be annexed to CFO No. 2024-1 in the future, as well as setting forth the terms and conditions for certification for any annexation in the future; and
WHEREAS, the territory proposed to be annexed in the future shall be known and designated as the "Future Annexation Area to City of Gustine Community Facilities District No. 2024-1 {Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California" (the "Future Annexation Area"), and a map designated as "Proposed Boundaries of City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California" showing the territory proposed to be annexed in the future has been approved and a copy thereof shall be kept on file with the transcript of these proceedings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gustine does hereby resolve, declare, and determine as follows:
Section 1. Recitals. The above recitals are all true and correct and are incorporated herein by this reference.
Section 2.
follows:
Determinations. It is hereby determined by this City Council as
A. All prior proceedings pertaining to authorization for the annexation of the Future Annexation Area to CFO No. 2024-1 in the future were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and this finding and determination is made pursuant to the provisions of Government Code Section 53325.1.
B. The written protests against the authorization for the annexation of the Future Annexation Area to CFO No. 2024-1 in the future, if any, received do not represent a majority protest as defined by Government Code Section 53339 .6 and, therefore, the authorization for the annexation of the Future Annexation Area to CFO No. 2024-1 in the future has not been precluded by majority protest pursuant to Government Code Section 53339 .6.
C. The public convenience and necessity require a procedure to authorize and provide for territory to be annexed in the future to CFO No. 2024-1 in order to finance the costs and expenses necessary to provide the public services described below made necessary by the development or redevelopment of such territory.
D. The authorization for the annexation of territory within the Future Annexation Area to CFO No. 2024-1 in the future as proposed conforms with the City of Gustine' statement of goals and policies regarding the establishment of community facilities districts.
E. The provision for the annexation of territory within the Future Annexation Area to CFO No. 2024-1 in the future and the authorization to levy special taxes in territory within the Future Annexation Area upon the annexation thereof to CFO No. 2024-1 to finance the public services described below constitutes the creation of a government funding mechanism which does not involve the commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, the provision for the annexation of territory within the Future Annexation Area to CFO No. 2024-1 in the future and the authorization to levy special taxes within such territory upon the annexation thereof to CFO No. 2024-1 does not constitute a "project" which is subject to the provisions of the California Environmental Quality Act (California Public Resources Code Section 21000 and following).
F. The department responsible for preparing the annual roll of special tax levy obligations by assessor's parcel number and that will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act is the Community Development Department located at 352 5 St. Gustine, CA 95322, telephone number (209) 854-6471.
Section 3. Annexation Authority. The City Council does hereby authorize the annexation of territory within the Future Annexation Area to CFO No. 2024-1 in the future pursuant to the provisions and authorization of Article 3.5 of the Act.
Section 4. Description of the Future Annexation Area. A description of the Future Annexation Area is as follows:
All that property and territory as previously included within CFO No. 2024-1 and all that property described as the
"Assessor Parcels in the Future Annexation Area," as said property is shown on a map designated as "Proposed
Boundaries of City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California" (the "Future Annexation Area Map"), a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. The Future Annexation Area Map has been filed in the Office of the Merced County Recorder, in Bo0k 15, Pages 46 of Maps of Assessment and Community Facilities Districts and as Document No. 2024-0237 61.
Future annexation proceedings may only be completed with the unanimous consent of the owner or owners of any parcel proposed for annexation.
Section 5. Authorized Services. The types of services to be financed from the levy of the special tax in CFO No. 2024-1, including the Future Annexation Area, are those described in Exhibit A attached hereto which is incorporated herein by this reference (the "Authorized Services").
The Authorized Services to be financed by the levy of special taxes to be levied on specific territory within the Future Annexation Area to be annexed to CFO No. 2024-1 may include some or all of such Authorized Services or may include alternatives to the Authorized Services.
The Authorized Services shall to the maximum extent practicable, taking into account budgetary and operational demands of the City, be provided in common within CFO No. 2024-1 and the territory within the Future Annexation Area.
The City Council finds that the Authorized Services described in this Section 5 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of CFO No. 2024-1 and the Future Annexation Area.
Section 6, Special Tax. It is the intention of the City Council that, except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the "Special Tax") to be provided in the territory of the Future Annexation Area upon the annexation of such territory to CFO No. 2024-1 and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all nonexempt real property in the territory within the Future Annexation Area that annexes to CFO No. 2024-1, will be levied annually within the boundaries of such territory upon the annexation thereof to CFO No. 2024-1. For further particulars as to the rates and method of apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit B (the "Rates and Method"), which sets forth in sufficient detail the rate and method of apportionment of the Special Tax to allow each landowner or resident within the territory in the Future Annexation Area to clearly estimate the maximum amount of the Special Tax that such person will have to pay for the Authorized
Services upon the annexation of such territory to CFD No. 2024-1. The Special Tax may not be prepaid.
Notwithstanding the foregoing, if the actual cost of providing Authorized Services to any territory within the proposed Future Annexation Area is higher or lower than the cost of providing such services within the existing CFD No. 2024-1, a higher or lower special tax may be levied within such territory, to the extent the actual cost of providing the services in the annexation territory is higher or lower than the costs of providing those services in the existing district, subject to the unanimous approval and election of the owner or owners of such territory. In any such circumstance, the Rate and Method may be revised to reflect the higher or lower special tax, as applicable. The maximum special tax rate in the existing community facilities district may not be increased as a result of any annexation proceeding.
The proposed Special Tax, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City.
Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax.
Section 7. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by CFD No. 2024-1 of the special taxes described in Section 6 above.
A. The Special Tax shall be levied for the specific purposes set forth in Section 6 above.
B. The proceeds of the levy of the Special Tax shall be applied only to the specific applicable purposes set forth in Section 6 above.
C. CFD No. 2024-1 shall establish a separate account into which the proceeds of the Special Tax shall be deposited.
D. The Director of Finance/Treasurer of the City of Gustine, or his or her designee, acting for and on behalf of CFD No. 2024-1, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3
Section 8. Annexation Effective Date. Annexation of territory in the Future Annexation Area to CFD No. 2024-1 in the future shall be effective only upon the unanimous approval of the owner or owners of each parcel or parcels to the annexation of such parcel or parcels to the election by such owner or owners to subject such parcel or parcel to the levy of the special tax at any time that any parcel is proposed for annexation. Upon receipt of the written consent and election by such owner or owners,
no further public hearings will be required to effectuate the annexation of such parcel or parcels to CFD No. 2024-1.
Section 9. Effective Date. This Resolution shall become effective upon its adoption.
THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed by the City Council at a regular meeting held on the 5th day of November 2024, and the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, City Clerk
City of Gustine
EXHIBIT A
CITY OF GUSTINE
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(PUBLIC SAFETY AND STORMWATER AND PARKS MAINTENANCE SERVICES}
DESCRIPTION OF AUTHORIZED SERVICES
The City of Gustine (the "City") is establishing the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), County of Merced, State of California (the "CFD") to finance, in whole or in part, the following services ("services" shall have the meaning given to that term in the Mello-Roos Community Facilities Act of 1982 (the "Act")) which include administration expenses and collection for reserves. All services to be funded by the CFO are to be in addition to those provided before the CFO was created, and may not supplant services already available when the CFO was created.
Authorized Services:
The types of City services to be financed by the CFO ("Services") shall include all services authorized under section 53313 of the Act, including without limitation, police protection services, fire protection and suppression services, maintenance of streets and roadways, maintenance and operation of street lights, parks, parkways and open space, graffiti removal, the operation and maintenance of storm drainage systems, and any other services authorized to be financed pursuant to the Act, including any incidental expenses, and any other miscellaneous or incidental services identified by the City necessary to provide the described Services herein.
Administrative Expenses:
In addition, the following costs will also be funded by the special taxes levied within the CFO.
1. Administrative Expenses including costs incurred to determine, levy and collect the special taxes, including compensation of City employees for administrative work performed in relation to the CFO and a proportionate amount of the City's general administrative overhead related thereto, the fees of consultants and legal counsel, the costs of collecting installments of the special taxes upon the general tax rolls, preparation of required reports, and any other costs incurred for the administration of the CFO by the City;
2. Any amounts needed for operating reserves and capital replacement reserves; and
3. Any amounts needed to cure actual or estimated delinquencies in special taxes for the current or previous fiscal years.
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EXHIBIT "B"
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF GUSTINE
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(PUBLIC SAFETY AND STORM WATER AND PARKS MAINTENANCE SERVICES) A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services) ("CFD No. 2024-1 ") and collected each Fiscal Year commencing in Fiscal Year 2025-2026, in an amount determined by the CFD Administrator, according to the method of apportionment set forth herein. All of the real property in CFD No. 2024-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. All Special Taxes collected hereunder shall only be used for the Special Tax Requirement, as hereinafter defined, and for no other purpose.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2024-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 2024-1 or any designee thereof of complying with City or CFD No. 2024-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2024-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third-party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2024-1 for any other administrative purposes of CFD No. 2024-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of property due to delinquent Special Taxes.
"Assessor's Parcel" means any real property to which an Assessor's parcel number is assigned as shown on an Assessor's Parcel Map. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's parcel number.
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"Authorized Services" means the services provided by the City including (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) graffiti removal, (iii) fire protection and suppression services, (iv) police protection services, and (v) any other services authorized to be financed pursuant to the Act. "Central California Irrigation District" means the Central California Irrigation District.
"CFD Administrator" means the official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
"CFD No. 2024-1" means the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services). "City" means the City of Gustine.
"Consumer Price Index" means the Consumer Price Index published by the U.S.
Bureau of Labor Statistics for "All Urban Consumers" in the San Francisco -- Oakland - Hayward Area, measured as of the end of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFO Administrator that is reasonably comparable to the Consumer Price Index for the San Francisco - Oakland - Hayward Area.
"Council" means the City Council of the City, acting as the legislative body of CFO No. 2024-1.
"County" means the County of Merced.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for the construction of one or more new residential dwelling units or for a non-residential use was issued after January 1, 2024 and on or before January 1 preceding the Fiscal Year in which the Special Tax is being levied (i.e., a building permit for new construction issued prior to January 1, 2025 would be considered Developed Property beginning in Fiscal Year 2025-2026). "Fiscal Year" means the period starting July 1 and ending on the following June
30. "Land Use Class" means any of the land use classes listed in Table 1 below. "Maximum Annual Special Tax" means the Maximum Annual Special Tax, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor's Parcel of Developed Property within CFO No. 2024-1.
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"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) was issued for a non-residential use. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFO No. 2024-1 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year.
"Proportionately" means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Annual Special Tax is equal for all Assessor's Parcels of Developed Property, except to the extent that the Special Tax levy on Developed Property is limited as described in Section D below. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFO No. 2024-1 that was owned by or irrevocably offered for dedication to the federal government, the State, the City, Central California Irrigation District, or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; and (ii) any property within the boundaries of CFO No. 2024-1 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2024-1 to: (i) pay for Authorized Services; (ii) pay for Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax delinquencies based upon the historical delinquency rate for CFO No. 2024-1; less (iv) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFO Administrator. "State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFO No. 2024-1 which are not exempt from the Special Tax pursuant to law or Section E below.
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"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.
"Welfare Exemption Property" means, for each Fiscal Year, an Assessor's Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County's assessor's roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section 53340(c) of the Act.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFO No. 2024-1 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
Developed Property shall be further classified as Residential Property or NonResidential Property. The Maximum Annual Special Tax for Residential Property shall be based on the number of dwelling units located on such Assessor's Parcel.
The Maximum Special Tax for Non-Residential Property shall be based on the Acreage of such Assessor's Parcel.
C. MAXIMUM ANNUAL SPECIAL TAX
1. Developed Property
or eve ope roperty
Land Use Class
Fiscal Year 2025-2026
Maximum Special Tax
Residential Property $1,352 per unit
Non-Residential Property $6,000 per Acre
a. Maximum Special Tax
The Fiscal Year 2025-2026 Maximum Annual Special Tax is shown below in Table 1.
Table 1
Maximum Annual Special Tax
f D I d P
b. Multiple Land Use Classes
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2. In some instances an Assessor's Parcel may contain both Undeveloped Property and Developed Property. Furthermore, Developed Property may contain more than one Land Use Class.
In such cases, the Acreage of the Assessor's Parcel shall be allocated between Developed Property and Undeveloped Property based on the portion of the Assessor's Parcel for which building permits had been issued prior to January 1 of the prior Fiscal Year and the portion of the Assessor's Parcel for which building permits had not been issued prior to January 1 of the prior Fiscal Year. The Acreage that is considered Developed Property shall be allocated between Residential Property and Non-Residential Property based on the site plan. The Maximum Special Tax that can be levied on such Assessor's Parcel shall be the sum of the Maximum Special Tax that can be levied on each type of Developed Property located on that Assessor's Parcel.
c. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2026, the Maximum Annual Special Tax shall be increased by the positive percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
Undeveloped Property
The Special Tax shall not be levied on Undeveloped Property.
D. APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2025-2026 and for each following Fiscal Year, the Council shall levy the Special Tax so that the amount of the Special Tax equals the lesser of the Special Tax Requirement or the Maximum Annual Special Tax.
The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax.
To the extent that the Special Tax Requirement is greater than the aggregate Maximum Annual Special Tax, the Special Tax collected shall first be allocated to pay Administrative Expenses and then to pay for Authorized Services. In no event shall the Special Tax proposed for any Assessor's Parcel in any Fiscal Year exceed the Maximum Special Tax applicable for such Fiscal Year.
Notwithstanding the above, pursuant to Section 53321 (d)(3) of the California Government Code, under no circumstances shall the Special Tax levied in any Fiscal Year against any Assessor's Parcel in CFO No. 2024-1 for which an occupancy permit for private residential use has been issued be increased as a consequence of delinquency or default by the owner or owners of any other B-5
28859.00030\428532 l 7. l
Assessor's Parcel(s) within CFO No. 2024-1 by more than 10% above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Special Tax on Assessor's Parcels of residential property is limited by the provision in the previous sentence, the levy of the Special Tax on all of the Assessor's Parcels of nonresidential property within CFO No. 2024-1 shall continue to increase in equal percentages at up to 100% of the Maximum Special Tax.
E. EXEMPTIONS
The Special Tax shall not be levied on Property Owner Association Property, Public Property, or Welfare Exemption Property. However, should an Assessor's Parcel no longer be classified as Property Owner Association Property, Public Property, or Welfare Exemption Property, its tax-exempt status will be revoked.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFO Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFO Administrator shall review the appeal, meet with the appellant if the CFO Administrator deems necessary, and advise the appellant of its determination. If the CFO Administrator agrees with the appellant, the CFO Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant. If the CFO Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFO Administrator's determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFO No. 2024-1 may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act.
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H. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement.
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ITEM NO. 7
COUNCIL AGENDA ITEM
NOVEMBER 5, 2024
PREPARED BY: Jami Westervelt, Economic and Community Development Director SUBJECT: Authorize City Manager to sign acceptance agreements including terms for two grants awarded by San Joaquin River Exchange Contractors Water Authority
BACKGROUND
This past summer, the San Joaquin River Exchange Contractors Water Authority (SJRECWA) announced the launch of a new Community Infrastructure Program to provide local communities grants for regional projects and invited proposals. The call for projects focused on:
- Water resource development, management and conservation Renewable energy and electric power infrastructure
- Recreational facility development in conjunction with water - Sewage treatment infrastructure
The City of Gustine submitted four proposals and was awarded two, totaling $125,000 combined. The SJRECWA has awarded $95,000 to the City for Conversion of Retention Basin into Recharge Basin Project (at the Borrelli Basin) and $30,000 for the Schmidt Park Pond Aeration Project.
DISCUSSION
The attached award letters include the terms of the award that the City must agree to.
Each letter has attached the application details submitted by the City on the project in its funding request. The SJRECWA terms do not require any match for either grant but the City will incur additional costs to complete each of the projects outside of this funding and that the grant are reimbursement grants.
To accept the awards, the Council needs to approve each of the attached resolutions, authorizing the City Manager to sign the required acceptance paperwork for each.
FISCAL IMPACT
The Conversion of Retention Basin into Recharge Basin Project was not budgeted this year, so staff recommends that City Council amend the Fiscal Year 2024-2025 Budget to appropriate an additional $140,000 in the Water Fund for this project. Out of the $140,000, $95,000 is reimbursable through the SJRECWA Grant. This cost includes:
modification to the pump station piping, geotechnical engineering report for percolation rate, site fencing, site clearing and grubbing, and staff time. There is sufficient funds in the Water Fund to cover this expenditure.
The Schmidt Park Pond Aeration Project expenditure has already been budgeted in the current budget. No budget amendment is necessary. The grant funds will assist in replacing a portion of the electrical connection at the waterfall and recirculation features.
RECOMMENDATION
City Council consider the following actions:
1. Approving the attached resolutions, authorizing the City Manager to sign the required grant acceptance letter and agreeing to terms and accepting the two SJRECWA grants.
2. Amend the Fiscal Year 2024-2025 budget and appropriate an additional $140,000 in the Water Fund (Fund 060) for the Conversion of Retention Basin into Recharge Basin Project.
EXHIBIT(S)
A) Resolution authorizing acceptance of $95,000 from SJRECWA.
A-1) Acceptance Letter from funder with Appendix showing terms B) Resolution authorizing acceptance of $30,000 from SJRECWA.
B-1 ) Acceptance Letter from funder with Appendix showing terms APPROVED BY:
i2I J
_
Soknirorn Than, City Manager
RESOLUTION 2024-XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE AUTHORIZING THE CITY
MANAGER TO SIGN AN AGREEMENT WITH SAN JOAQUIN RIVER EXCHANGE CONTRACTORS WATER AUTHORITY FOR AN AWARD OF $95,000 FOR CONVERSION OF A RETENTION BASIN
INTO A RECHARGE BASIN, ACCEPTING THE AWARD AGREEING TO TERMS, AND AUTHORIZING FY 2024/2025 BUDGET APPROPRIATION IN WATER FUND
WHEREAS, the City of Gustine is a small City with limited funding opportunities; and WHEREAS, conversion of the retention basin listed in this grant into a recharge basin will benefit not only the City of Gustine but the region as a whole; and WHEREAS, per the attached San Joaquin River Exchange Contractors Water Authority (SJRECWA) award notification letter (Attachment 1 ), the City was selected for an award toward the completion of the basin conversion project outlined in the attachment; and
WHEREAS, funding in the amount of $95,000 from SJRECWA is expected to provide a significant portion of the funding needed to convert the retention basin into a recharge basin; and
WHEREAS, the project is a priority for the City of Gustine and the City has the ability to utilize other funds to make up the remainder of the funding needed to complete the entire project; and
WHEREAS, by approving this Resolution the City Council is authorizing the City Manager to accept the award and agree to the terms of SJRECWA in doing so; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine:
Section 1. Adopt the resolution accepting the grant awarded by the San Joaquin River Exchange Contractors Water Authority and authorizing the City Manager to sign the form in the attached award letter, accepting the award and agreeing to the terms of the funder.
Section 2. Amend the Fiscal Year 2024-2025 Budget to appropriate an additional $140,000 in the Water Fund for this project.
THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed at a regular meeting held on the 5th day of November, 2024, the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
APPROVED:
Patrick Nagy, Mayor
City of Gustine
EXHIBIT A-1
Consisting of 240,000 acres on the Westside of the San Joaquin Valley September 20, 2024
~uTH' i_Emil: [email protected]
City of Gustine
CHRIS CARDELLA Mr. Sokniron Than
Chair
MIKE STEARNS
Vice-Chair
CHRIS WHITE
Executive Director
MINASIAN LAW
Legal Counsel
CENTRAL CALIFORNIA
IRRIGATION DISTRICT
Eric Fontana
President
Jarrett Martin
General Manager
SAN LUIS CANAL
COMPANY
Cannon Michael
President
John Wiersma
General Manager
FIREBAUGH CANAL
WATER DISTRICT
Mike Stearns
President
Jeff Bryant
General Manager
COLUMBIA CANAL
COMPANY
Chris Cardella
President
Mike Gardner
General Manager
P.O. Box 2115
541 H Street
Los Banos, CA 93635
(209) 827-8616
Fax (209) 827-9703
e-mail: [email protected]
Website: www.sjrecwa.net
City Manager
Post Office Box 16
Gustine, CA 95322
Dear Niron:
On behalf of the San Joaquin River Exchange Contractors Water Authority ("Exchange Contractors"), I am pleased to inform you that City of Gustine's ("Project Sponsor") Conversion of Retention Basin into Recharge Basin Project has been selected for funding through our Community Infrastructure Program. We are excited to support your initiative, which will make a meaningful difference by providing the following benefits: improved groundwater sustainability, flood mitigation, drought preparation, and enhance water quality.
The Community Infrastructure Program was created to benefit communities within our service area by providing financial assistance for projects that support and empower local communities that are consistent with the Exchange Contractors Community Infrastructure Program Policy.
To ensure the integrity of the program funding and policies, the issuance of funds is subject to the terms and conditions set forth in Appendix A hereto, incorporated by this reference. Please review these terms, and sign and return this letter to evidence your agency's acceptance of these terms.
If you have any questions about the next steps or need any further assistance, please feel free to reach out. We are here to support you every step of the way.
Congratulations once again and thank you for your commitment to improving our community!
Best regards,
t uh .l.2
Chris White
Executive Director
San Joaquin River Exchange Contractors
Water Authority
City of Gustine
Re: Conversion of Retention Basin into Recharge Basin Project September 20, 2024
Acceptance of Agreement Setting Forth Terms and Conditions of Community Infrastructure Program Funds, as set forth in Appendix A hereto:
By:-------------
Its: --------------
APPENDIX A
AGREEMENT SETTING FORTH TERMS AND CONDITIONS OF COMMUNITY
INFRASTRUCTURE PROGRAM AWARD
1. Term. This Agreement shall commence and be effective, as between the San Joaquin River Exchange Contractors Water Authority ("Exchange Contractors") and City of Gustine ("Project Sponsor") upon the date of its acceptance by the Project Sponsor, and shall remain in effect until terminated or completed, as set forth herein.
2. Project.
a. The Project eligible for Community Infrastructure Program funds shall be as described in Attachment 1 hereto ("Project").
3. Fund Award, Matching Funds, Eligibility.
a. Exchange Contractors will disburse up to Ninety-Five Thousand Dollars ($95,000.00) of Community Infrastructure Program funds in accordance with the terms and conditions set forth herein. To be eligible to receive Community Infrastructure Program funds, the Project Sponsor will implement the Project in accord with the Application submitted to the Exchange Contractors. Eligible Costs are those directly incurred toward substantial completion of the Project. b. There are no matching funds required of the Project Sponsor. c. The Project Sponsor may seek reimbursement of Eligible Costs incurred after the effective date of this Agreement.
d. If Project costs exceed the amount of the award set forth herein, such additional costs shall be borne solely by the Project Sponsor.
4. Obligtaions of Exchange Contractors Water Authority and Project Sponsor, a. Commencing with the effective date of this Agreement, and continuing until termination, Project Sponsor shall bear and undertake all administrative, management, performance, and execution responsibilities associated with the Project.
b. Commencing with the effective date of this Agreement, and continuing until termination, Exchange Contractors Water Authority shall undertake the responsibilities relating to the Community Infrastructure Program set forth herein. Exchange Contractors Water Authority shall not be responsible for any undertaking associated with the Project.
5. Reporting Requirements
a. Quarterly Progress Reports: The Project Sponsor shall provide a quarterly progress report concerning the Project on January 1, April 1, July 1, and October 1, reporting project milestones and progress.
b. Project Completion Reports: Upon completion of the Project, Project Sponsor shall provide a Project Completion report to the Exchange Contractors notifying of substantial completion of the Project, as evidenced by either the filing of a Notice of Completion of construction, or the substantial completion of the project and cessation of work for 60 days.
6. Reimbursement Method of Payment,
a. Community Infrastructure Program fund disbursement will occur via reimbursement as follows: (1) Project Sponsor shall submit Project Invoices for Eligible Costs to Exchange Contractors by not later than 60 days from the date Project Sponsor received the invoice; (2) Exchange Contractors shall review the invoice, and request any further additional supporting information deemed necessary; (3) upon confirmation of invoicing for Eligible Costs, Exchange Contractors shall disburse reimbursement of Project costs, up to the total fund award.
7. Inspection of Records.
a. Project Sponsor agrees to make available for Exchange Contractors inspection and copy accurate records of all costs, disbursements, and documentation as necessary to comply with the requirements of the Community Infrastructure Program Policy and this Agreement.
8. Indemnification.
a. Project Sponsor shall defend, indemnify, and hold harmless the Exchange Contractors and its respective members (Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District, and Columbia Canal Company) from and against any and all liability, actions, claims, costs, and expenses, including attorney fees, arising out of or relating to the Project, except to the extent caused by the sole negligence or willful misconduct of the Exchange Contractors.
9. Miscellaneous.
a. Modification. This agreement may only be modified, amended, or superseded by mutual written agreement of the Parties.
b. Dispute Resolution. The Parties to this Agreement shall promptly meet to address any dispute that may arise and make a good faith effort to negotiate a resolution prior to initiating litigation.
c. Entire Agreement. These Terms and Conditions, together with the attachments hereto, constitute the complete and exclusive Agreement between the Parties and supersedes all previous communications, agreements, or understandings relating to the subject matter of this Agreement.
d. Termination. The Project Sponsor may terminate its participation in this Agreement by providing written notice to the Exchange Contractors.
10. Authorized Signature,
a. Each Party represents the individual accepting these Terms and Conditions on its behalf is duly authorized to execute this Agreement and will legally bind that Party to the terms of this Agreement.
ORGANIZATION NAME
City of Gustine
REQUESTING ORGANIZATION POINT OF CONTACT (NAME, AFFILIATION, EMAIL, CONTACT NUMBER) a. Soknirorn Than
b. City Manager
c. [email protected]
d. (209) 854-6471
REQUESTING ORGANIZATION MAILING ADDRESS
PO Box 16, Gustine, CA 95322
DESCRIBE THE PROJECT
Conversion of Retention Basin into Recharge Basin
Along Jensen Road near the Northwest portion of the City of Gustine is a Retention Basin constructed with Borrelli Ranch subdivision that has been in place approximately 20 years. For the benefit of the Region, the City seeks to convert the space to a Recharge Basin. The Conversion would result in the following benefits:
a. Improved Groundwater Sustainability: It can enhance long-term groundwater levels by capturing and storing water during periods of excess, such as during rainstorms. b. Flood Mitigation: It can help manage floodwaters more effectively by allowing for the infiltration of excess water.
c. Drought Preparation: It can provide a reserve for use during prolonged drought periods by capturing water during wet seasons.
d. Enhanced Water Quality: It can help improve the quality of storm water before it enters the aquifer through the process of infiltration.
The Borrelli basin is an ideal location for this conversion due to the geographical location of the basin. This basin is located away from residential development and located directly adjacent to agricultural land use, where groundwater demands are high during drought periods.
The project very clearly meets the Community Infrastructure Program goal of Water resource development, management and conservation as well as the goal of a facility to protect the land and property from flooding and overflow.
ESTIMATED PROJECT COSTS
The City estimates the project will cost $140,000 total.
AMOUNT REQUESTED FROM THE EXCHANGE CONTRACTORS COMMUNITY INFRASTRUCTURE FUND The City asks the SJREC to contribute $120,000 through its fund and the City will contribute another $20,000 to complete the work.
ARE THERE ANY KNOWN OR ANTICIPATED COMMUNITY CONCERNS ASSOCIATED WITH THIS PROJECT OR PROGRAM (E.G., CONFLICT WITH LAND USE, NEIGHBORHOOD CONCERNS, ETC.) THAT COULD PREVENT IT
FROM MOVING FORWARD
No known conflicts other than funding.
LIST ANY STAKEHOLDERS THAT SUPPORT THIS REQUEST
The project will benefit the general public throughout the region and should have the support of multiple stakeholder groups based solely upon the benefits of the project, including: Improved Groundwater, Flood Mitigation, Drought Preparation and Enhanced Water Quality.
IMPACT ON LOCAL COMMUNITY AND OTHER COMMENTS/MISCELLANEOUS INFORMATION While the project funds flow to the City for this project, the very important benefits will prove impactful throughout the region.
RESOLUTION 2024-XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE AUTHORIZING THE CITY
MANAGER TO SIGN AN AGREEMENT WITH SAN JOAQUIN RIVER EXCHANGE CONTRACTORS WATER AUTHORITY FOR AN AWARD OF $30,000 FOR POND AERATION, ACCEPTING THE
AWARD AND AGREEING TO TERMS
WHEREAS, the City of Gustine is a small City with limited funding opportunities; and WHEREAS, completion of the pond aeration project listed in this award will benefit not only the City of Gustine ecosystem but the region as a whole; and WHEREAS, per the attached San Joaquin River Exchange Contractors Water Authority (SJRECWA) award notification letter (Attachment 1), the City was selected for an award toward the completion of the basin conversion project outlined in the attachment; and
WHEREAS, funding in the amount of $30,000 from SJRECWA is expected to provide a significant portion of the funding needed to complete the pond aeration project; and WHEREAS, the project is a priority for the City of Gustine and the City has budgeted the appropriate fund to needed to complete the project; and WHEREAS, by approving this Resolution the City Council is authorizing the City Manager to accept the award and agree to the terms of SJRECWA in doing so; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gustine does hereby authorize the City Manager to sign the form in the attached award letter, accepting the award and agreeing to the terms of the funder.
THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed at a regular meeting held on the 5th day of November, 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
MIKE STEARNS
CHRIS CARDELLA
September 20, 2024
Consisting of 240,000 acres on the Westside of the San Joaquin Valley » it
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~~TH' ia Email: [email protected]
City of Gustine
Mr. Sokniron Than
City Manager
Post Office Box 16
Gustine, CA 95322
EXHIBIT B-1
7Er/.
&/DIA
Chair
Vice-Chair
CHRIS WHITE
Executive Director DearNiron:
MINASIAN LAW
Legal Counsel
CENTRAL CALIFORNIA
IRRIGATION DISTRICT
Eric Fontana
President
Jarrett Martin
General Manager
SAN LUIS CANAL
COMPANY
Cannon Michael
President
John Wiersma
General Manager
FIREBAUGH CANAL
WATER DISTRICT
Mike Stearns
President
Jeff Bryant
General Manager
COLUMBIA CANAL
COMPANY
Chris Cardella
President
Mike Gardner
General Manager
P.O. Box 2115
541 H Street
Los Banos, CA 93635
(209) 827-8616
Fax (209) 827-9703
e-mail: [email protected]
Website: www.sjrecwa.net
On behalf of the San Joaquin River Exchange Contractors Water Authority ("Exchange Contractors"), I am pleased to inform you that City of Gustine's ("Project Sponsor") Pond Aeration Project has been selected for funding through our Community Infrastructure Program. We are excited to support your initiative, which will make a meaningful difference in facilitating environmental benefits and recreational opportunities in the vicinity of City of Gustine Schmidt Park.
The Community Infrastructure Program was created to benefit communities within our service area by providing financial assistance for projects that support and empower local communities that are consistent with the Exchange Contractors Community Infrastructure Program Policy.
To ensure the integrity of the program funding and policies, the issuance of funds is subject to the terms and conditions set forth in Appendix A hereto, incorporated by this reference. Please review these terms, and sign and return this letter to evidence your agency's acceptance of these terms.
If you have any questions about the next steps or need any further assistance, please feel free to reach out. We are here to support you every step of the way.
Congratulations once again and thank you for your commitment to improving our community!
Best regards,
z.<
Chris White
Executive Director
San Joaquin River Exchange Contractors
Water Authority
City of Gustine
Re: Pond Aeration Project
September 20, 2024
Page2
Acceptance of Agreement Setting Forth Terms and Conditions of Community Infrastructure Program Funds, as set forth in Appendix A hereto:
By:-----------
Its: --------------
APPENDIX A
AGREEMENT SETTING FORTH TERMS AND CONDITIONS OF COMMUNITY
INFRASTRUCTURE PROGRAM AWARD
1. Term. This Agreement shall commence and be effective, as between the San Joaquin River Exchange Contractors Water Authority ("Exchange Contractors") and City of Gustine ("Project Sponsor") upon the date of its acceptance by the Project Sponsor, and shall remain in effect until terminated or completed, as set forth herein.
2. Project.
a. The Project eligible for Community Infrastructure Program funds shall be as described in Attachment 1 hereto ("Project").
3. Fund Award, Matching Funds, Eligibility.
a. Exchange Contractors will disburse up to Thirty Thousand Dollars ($30,000.00) of Community Infrastructure Program funds in accordance with the terms and conditions set forth herein. To be eligible to receive Community Infrastructure Program funds, the Project Sponsor will implement the Project in accord with the Application submitted to the Exchange Contractors. Eligible Costs are those directly incurred toward substantial completion of the Project. b. There are no matching funds required of the Project Sponsor. c. The Project Sponsor may seek reimbursement of Eligible Costs incurred after the effective date of this Agreement.
d. If Project costs exceed the amount of the award set forth herein, such additional costs shall be borne solely by the Project Sponsor.
4. Obligations of Exchange Contractors Water Authority and Project Sponsor, a. Commencing with the effective date of this Agreement, and continuing until termination, Project Sponsor shall bear and undertake all administrative, management, performance, and execution responsibilities associated with the Project.
b. Commencing with the effective date of this Agreement, and continuing until termination, Exchange Contractors Water Authority shall undertake the responsibilities relating to the Community Infrastructure Program set forth herein. Exchange Contractors Water Authority shall not be responsible for any undertaking associated with the Project.
5. Reporting Requirements,
a. Quarterly Progress Reports: The Project Sponsor shall provide a quarterly progress report concerning the Project on January I, April 1, July 1, and October 1, reporting project milestones and progress.
b. Project Completion Reports: Upon completion of the Project, Project Sponsor shall provide a Project Completion report to the Exchange Contractors notifying of substantial completion of the Project, as evidenced by either the filing of a Notice of Completion of construction, or the substantial completion of the project and cessation of work for 60 days.
6. Reimbursement Method of Payment,
a. Community Infrastructure Program fund disbursement will occur via reimbursement as follows: (1) Project Sponsor shall submit Project Invoices for Eligible Costs to Exchange Contractors by not later than 60 days from the date Project Sponsor received the invoice; (2) Exchange Contractors shall review the invoice, and request any further additional supporting information deemed necessary; (3) upon confirmation of invoicing for Eligible Costs, Exchange Contractors shall disburse reimbursement of Project costs, up to the total fund award.
7. Inspection of Records.
a. Project Sponsor agrees to make available for Exchange Contractors inspection and copy accurate records of all costs, disbursements, and documentation as necessary to comply with the requirements of the Community Infrastructure Program Policy and this Agreement.
8. Indemnification.
a. Project Sponsor shall defend, indemnify, and hold harmless the Exchange Contractors and its respective members (Central California Irrigation District, San Luis Canal Company; Firebaugh Canal Water District, and Columbia Canal Company) from and against any and all liability, actions, claims, costs, and expenses, including attorney fees, arising out of or relating to the Project, except to the extent caused by the sole negligence or willful misconduct of the Exchange Contractors.
9. Miscellaneous.
a. Modification. This agreement may only be modified, amended, or superseded by mutual written agreement of the Parties.
b. Dispute Resolution. The Parties to this Agreement shall promptly meet to address any dispute that may arise and make a good faith effort to negotiate a resolution prior to initiating litigation.
c. Entire Agreement. These Terms and Conditions, together with the attachments hereto, constitute the complete and exclusive Agreement between the Parties and supersedes all previous communications, agreements, or understandings relating to the subject matter of this Agreement.
d. Termination. The Project Sponsor may terminate its participation in this Agreement by providing written notice to the Exchange Contractors.
10. Authorized Signature.
a. Each Party represents the individual accepting these Terms and Conditions on its behalf is duly authorized to execute this Agreement and will legally bind that Party to the terms of this Agreement.
ORGANIZATION NAME
City of Gustine
REQUESTING ORGANIZATION POINT OF CONTACT (NAME, AFFILIATION, EMAIL, CONTACT NUMBER) a. Soknirorn Than
b. City Manager
c. [email protected]
d. (209) 854-6471
REQUESTING ORGANIZATION MAILING ADDRESS
PO 0x 16, Gustine, CA 95322
DESCRIBE THE PROJECT
Recreational Infrastructure: Pond Aeration Project
The pond at Schmidt Park in Gustine has been a fixture along Highway 33 in the region for decades. The pond is home to wildlife included fish, frogs and turtles that live in the pond. It is also frequented by families of ducks. Proper oxygenation of the pond must be maintained to safeguard the continued livelihood of the species in and around the pond but also for the continued recreational and aesthetic value. The muck that accumulates with substandard oxygenation not only makes a pond an eyesore but may result in death of desirable species while encouraging breeding for undesirable ones such as mosquitos.
In order to address a low oxygenation level that has developed at the Schmidt Park Pond in Gustine, the City will embark upon a Pond Aeration Project. Specifically, pond aeration will:
a. Improve Water Quality: Aeration helps increase oxygen levels, reducing the accumulation of nutrients and organic matter, which can improve overall water clarity and quality. b. Increase Oxygen Levels: Higher oxygen levels are crucial for aquatic life, promoting a healthier ecosystem. c. Reduce Algae Blooms: Aeration can help prevent excessive algae growth by disrupting the conditions that allow blooms to thrive.
d. Prevent Species Death: By maintaining adequate oxygen levels, aeration systems can prevent fish and other die-offs attributable to low-oxygen conditions.
e. Eliminate Foul Odors: Aeration helps break down organic matter that can cause unpleasant smells in pond water.
Aeration is a simple yet effective process for increasing oxygen levels that can not only greatly enhance the aesthetic beauty of a pond, but can also improve the natural ecological systems beneath the water's surface.
Installing an aeration system will be beneficial for the livelihood of the pond and the community and region's enjoyment for years to come.
This project meets the SJ REC goal of the Community Infrastructure Program through development of a recreational facility in conjunction with water works and facilities.
ESTIMATED PROJECT COSTS
The City budget for the project is $50,000.00
AMOUNT REQUESTED FROM THE EXCHANGE CONTRACTORS COMMUNITY INFRASTRUCTURE FUND The City requests $30,000.00 from the SJ REC CIP program and will fund the remainder of the project through its own available funds.
ARE THERE ANY KNOWN OR ANTICIPATED COMMUNITY CONCERNS ASSOCIATED WITH THIS PROJECT OR PROGRAM (E.G., CONFLICT WITH LAND USE, NEIGHBORHOOD CONCERNS, ETC) THAT COULD PREVENT IT
FROM MOVING FORWARD
No known conflicts other than funding.
LIST ANY STAKEHOLDERS THAT SUPPORT THIS REQUEST
There are multiple community organizations that have donated time to this park, utilize its facilities and will support this project including Gustine Lion Club, Gustine Senior Citizen's club and Gustine Youth Baseball and Softball. The City Council supports the project, including providing funding from its limited sources toward the project.
IMPACT ON LOCAL COMMUNITY AND OTHER COMMENTS/MISCELLANEOUS INFORMATION Any traveler along Highway 33 either leaving or entering the City sees the landmark Schmidt Park Pond and both residents of the City and County and travelers alike visit the park. Schmidt Park is the largest park in the City of Gustine and hosts the most users-both in its outdoor facilities as well as its indoor Al Goman Center.
The Center hosts senior and community activities throughout the year. The Center has as roll up door that looks out toward the pond. Any visitor either the center or its area of the parking lot that serves the Center, the Playground and the Tennis Courts cannot help but see the pond. The City was able in recent years to utilize Congestion Mitigation and Air Quality (CMAQ) funding to install a beautiful walking trail that spans the circumference of the park. Walking this trail, particularly the portion closest to the pond, is a favorite recreational and health activity that both residents and visitors alike have come to enjoy.