Agenda packet — Hughson City Council, May 28, 2024

City Council Agenda May 28, 2024
1 AMERICANS WITH DISABILITIES ACT/CALIFORNIA BROWN ACT

NOTIFICATION FOR THE CITY OF HUGHSON
This Agenda shall be made available upon request in alternative formats to persons with a disability as required by the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) and the Ralph M. Brown Act (California Government Code Section 54954.2).

Disabled or Special needs Accommodation: In compliance with the Americans with Disabilities Act, persons requesting a disability related modification or accommodation in order to participate in the meeting and/or if you need assistance to attend or participate in a City Council meeting, please contact the City Clerk’s office at (209) 883-4054. Notification at least 48-hours prior to the meeting will assist the City Clerk in assuring that reasonable accommodations are made to provide accessibility to the meeting.

City of Hughson

SPECIAL CITY COUNCIL MEETING
Hughson City Hall – 7018 Pine Street Hughson, California TUESDAY, MAY 28, 2024 – 6:00 P.M.

CALL TO ORDER: Mayor George Carr
ROLL CALL: Mayor George Carr
Mayor Pro Tem Randy Crooker
Councilmember Samuel Rush
Councilmember Julie Ann Strain
Councilmember Alan McFadon
FLAG SALUTE: Mayor George Carr
AGENDA

HUGHSON CITY COUNCIL
How to participate in, or observe the Meeting:
• In person in the City Council Chambers and submit public comment when invited during the meeting. • Observe only via YouTube live, by accessing this link:
https://www.youtube.com/channel/UC-PwkdIrKoMmOJDzBSodu6A?view_as=subscriber If a technical issue arises with any streaming option, the City Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. • In addition, recorded City Council meetings are posted on the City’s website the second business day following the meeting. Recorded videos can be accessed with the following link:

Upcoming Meetings | Hughson CA

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City Council Agenda May 28, 2024
2 INVOCATION: Hughson Ministerial Association

1. PUBLIC BUSINESS FROM THE FLOOR (No Action Can Be Taken):

Please limit presentations to five minutes. If you wish to speak regarding an item on the agenda, you may be asked to defer your remarks until the Council addresses the matter. Pursuant to California Government Code Section 54954.2(a)(3), no action or discussion may be undertaken on any item not appearing on the posted agenda, except that the City Council, or its staff, may briefly respond to comments or questions from members of the public, provide a reference to staff or other resources for factual information, or direct staff to place the issue on a future agenda.

2. PRESENTATIONS:

2.1: Proclaim June 4, 2024, as Hiram & Luella Hughson Appreciation Day.

3. CONSENT CALENDAR:

All items listed on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an audience member, or individual Councilmember for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

3.1: Approval of the Minutes of the Regular Meeting of May 13, 2024.

3.2: Approval of the Warrants Register.

3.3: Adopt Resolution No. 2024-15, approving a Professional Services Agreement with Condor Earth Technologies, Inc., for Phase II Small Municipal Separate Storm Sewer System (MS4) Permit Support and Authorize the City Manager to Execute the Professional Services Agreement inclusive of any final edits by the City Attorney.

3.4: Adopt Resolution No. 2024-16, Accepting the Lebright Restroom and Concession Stand Project; Adopt Resolution No. 2024-17, Accepting the Lebright Parking Lot Improvement Project; and Adopt Resolution No. 2024-18, Accepting the Lebright Restroom Site Preparation and Finish Project; and Authorize the City Clerk to file the Notices of Completion (NOC) for each of the Resolutions said Projects.

4. UNFINISHED BUSINESS: NONE.

5. PUBLIC HEARING:

5.1: Adopt Uncodified Ordinance No. 2024-03, an Urgency Ordinance of The City of Hughson Extending a Moratorium on All New Smoking Lounges and Smoke Shops Within the City of Hughson.

5.2 Introduce and Waive the First Reading of Ordinance No. 2024-02, Adding Chapter

17.03.082 and Amending Sections 17.01.090 and 17.02.032 of the Hughson Municipal Code Relating to Smoke Shop Uses.

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City Council Agenda May 28, 2024
3 6. NEW BUSINESS: NONE.

7. CORRESPONDENCE: NONE.

8. COMMENTS:

A brief report on notable attendance of a meeting, or conference, or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council during this time.

8.1: Staff Reports and Comments:

City Manager
City Clerk
Director of Finance
Community Development Director
Police Services
City Attorney

8.2: Council Comments:

9. CLOSED SESSION: NONE.

10. ADJOURNMENT:

The next City Council meeting is scheduled for June 10, 2024, at 6:00 pm.

In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at Hughson City Hall during normal business hours. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on the agenda.

Notice Regarding Non-English Speakers:

Pursuant to California Constitution Article III, Section IV, establishing English as the official language for the State of California, and in accordance with California Code of Civil Procedures Section 185, which requires proceedings before any State Court to be in English, notice is hereby given that all proceedings before the City of Hughson City Council shall be in English and anyone wishing to address the Council is required to have a translator present who will take an oath to make an accurate translation from any language not English into the English language.

AFFIDAVIT OF POSTING
Date: May 24, 2024 Time: 4:00 PM
Name: Sarah Chavarin Title: Accounting Manager

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City Council Agenda May 28, 2024
4 UPCOMING EVENTS:

May 27  Memorial Day – City Hall Closed
May 27  Laying of the Wreath, Dennis Wallace Soccer Fields, 8:00AM May 28  Economic Development Committee Meeting, Hughson City Hall, 4:30PM - Cancelled
May 28  Special Planning Commission Meeting, City Council Chambers, 5:00PM May 28  Special City Council Meeting, City Council Chambers/YouTube Livestream, 6:00PM
May 30  Flag Day
June 10  City Council Meeting, City Council Chambers/YouTube Livestream, 6:00PM

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Proclamation CITY OF HUGHSON

Hiram & Luella Hughson Appreciation Day
June 4, 2024
WHEREAS, in 1886 Hiram Hughson purchased 1,000 acres in Stanislaus County for a grain ranch and moved his wife Luella and 10 children to 3424 Tully Road to begin his farming career; and, WHEREAS, by 1901 Hiram Hughson had acquired up to 5,000 acres and was considered one of the top farmers and businessmen in the state for his great character, intellect, foresight, and resilience; and, WHEREAS, Hiram Hughson sold a portion of his land to the San Francisco & San Joaquin Railway to establish a train depot, eventually known as the Hughson Stop; and, WHEREAS, in 1907, Hiram Hughson placed a portion of his land with the Hughson Town Company under the direction of C. W. Minear and Charles Flack to establish a new settlement, thus creating the township of Hughson; and,
WHEREAS, over the past 117 years Hughson has prospered and grown into a vibrant township/city with its character and identity fully immersed in its agricultural roots, commitment to education and great community pride; and,
WHEREAS, it is important for the citizens of Hughson to know and celebrate its history and core values of farming, family and community; and,
WHEREAS, on this occasion of the Hiram Hughson descendant’s visit to Hughson and sharing firsthand accounts of the Hughson family history.

NOW, THEREFORE BE IT PROCLAIMED that the Hughson City Council recognize June 4, 2024, as Hiram and Luella Hughson Appreciation Day, to commemorate this visit and reflect on the contributions of the Hughson family to the establishment of Hughson and to the unique character of our city.
______________________________

GEORGE CARR

MAYOR OF THE CITY OF HUGHSON
May 28, 2024

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Meeting Date: May 28, 2024
Subject: Approval of the City Council Minutes
Presented By: Ashton Gose, City Clerk
Approved By:
______________________
Dominique Romo, City Manager
______________________________________________________________________ Staff Recommendation:

Approve the Minutes of the regular Meeting of May 13, 2024.

CITY COUNCIL AGENDA ITEM NO. 3.1
SECTION 3: CONSENT CALENDAR

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City Council Minutes May 13, 2024
1 MINUTES
City of Hughson

REGULAR CITY COUNCIL MEETING
Hughson City Hall – 7018 Pine Street
Hughson, California
MONDAY, MAY 13, 2024 – 6:00 P.M.

CALL TO ORDER: Mayor George Carr
ROLL CALL:

Present: Mayor George Carr
Mayor Pro Tem Randy Crooker
Councilmember Julie Ann Strain
Councilmember Alan McFadon
Councilmember Samuel Rush
Staff Present: Dominique Romo, City Manager
Ashton Gose, City Clerk
Andy Pinasco, City Attorney
Tom Terpstra, Deputy City Attorney
Carla Jauregui, Community Development Director
Kim Weimer, Director of Finance and Admin Services
Sarah Chavarin, Accounting Manager
Jose Vasquez, Public Works Superintendent
Lloyd MacKinnon, Chief of Police
________________________________________________________________

1. PUBLIC BUSINESS FROM THE FLOOR (No Action Taken):

A member of the public expressed his desire for a pickle ball court in Hughson.

HUGHSON CITY COUNCIL

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City Council Minutes May 13, 2024
2 2. PRESENTATIONS:

2.1: Proclaim May 19-25, 2024, as Public Works Week.

No reportable action.

3. CONSENT CALENDAR:

3.1: Approval of the Minutes of the Regular Meeting of April 22, 2024.

3.2: Approval of the Warrants Register.

3.3: Adoption of Resolution No. 2024-14, Declaring the City Council’s Intent to Cancel the November 5, 2024, Election, only if at the Close of the Nomination Period There are no More Candidates than Offices to be Elected.

3.4: A. Adoption of Resolution No. 2024-15, Directing the Filing of the Annual Reports for Fiscal Year 2024-25 for the Special Assessment Districts (Landscaping and Lighting Districts, Benefit Assessment Districts, and Community Facilities Districts) in the City of Hughson.

B. Adoption of Resolution No. 2024-16, Declaring the City Council’s Intent to Levy and Collect Assessments for Fiscal Year 2024-25 for the City of Hughson Landscaping and Lighting Districts, Benefit Assessment Districts, and Community Facilities Districts; and Set the Public Hearing for the June 10, 2024, City Council Meeting.

Councilmember Rush pulled Item 3.2 from the Consent Calendar for special consideration.

STRAIN/CROOKER 5-0-0-0 motion passes to approve the Consent Calendar Items 3.1, 3.3, and 3.4, with the following roll call vote:

CROOKER RUSH STRAIN McFADON CARR

AYE AYE AYE AYE AYE
CARR/McFADON 5-0-0-0 motion passes to approve Consent Calendar Item

3.2 as presented, with the following roll call vote:

CROOKER RUSH STRAIN McFADON CARR

AYE AYE AYE AYE AYE

4. UNFINISHED BUSINESS: NONE.

5. PUBLIC HEARING: NONE.

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City Council Minutes May 13, 2024
3 6. NEW BUSINESS:

6.1: Consider a Budget Adjustment to the 2023-24 Fiscal Year Budget in an Amount Not to Exceed $245,700 for the Migration to a New SCADA Platform and Authorize the City Manager to Execute Said Work with Quality Service Inc. Through a Task Order as Part of their Existing Contract for Services.

Director Jauregui presented the staff report on this item.

Mayor Carr opened public comment at 6:17 PM. There was no public comment. Mayor Carr closed public comment at 6:17 PM.

CARR/McFADON 5-0-0-0 motion passes to approve a budget adjustment to the 2023-24 Fiscal Year Budget in an amount not to exceed $245,700 for the migration to a new SCADA Platform and authorize the City Manager to execute said work with Quality Service Inc.

Through a Task Order as Part of their Existing Contract for Services., with the following roll call vote:

CROOKER RUSH STRAIN McFADON CARR

AYE AYE AYE AYE AYE

7. CORRESPONDENCE: NONE.

8. COMMENTS:

8.1: Staff Reports and/or Comments:

City Manager Romo informed the Council that the April Monthly Report was emailed to each of them. She provided a reminder regarding the next scheduled City Council meeting, and also announced that the next office hours for Congressman Tom McClintock will be on Thursday, May 16, 2024. She also informed the Council that the Hughson Historical Society would like to proclaim June 4th as Hiram and Luella Hughson Appreciation Day.

City Clerk Gose provided an update regarding the Hughson Has Heart event.

Director Weimer provided information regarding the approved development of a cost allocation plan and informed the Council that the Fiscal Year 2024-2025 Preliminary Budget is scheduled to be presented in June.

Director Jauregui informed the Council that the draft Housing Element will be presented in the near future.

Chief MacKinnon provided the most recent Hughson Police Service Statistical Report.

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City Council Minutes May 13, 2024
4 8.2: Council Member/Mayor Comments:

Councilmember McFadon attended a tour of the Wastewater Treatment Plant. He attended Hughson has Heart, the Household Hazardous Waste event, and the Hughson Volunteer Fire Association Annual Chicken BBQ.

Councilmember Strain attended the State of City of Ceres Address, the State of Stanislaus County Address, and the Hughson Fruit and Nut Festival. She participated in the Hughson has Heart event. She also attended a Hughson Ministerial Breakfast.

Mayor Pro Tem Crooker attended a tour of the Wastewater Treatment Plant, the Hughson Fruit and Nut Festival, and a West Turlock Subbasin GSA meeting.

Mayar Carr participated in the Hughson has Heart event. He attended the Household Hazardous Waste event, and the Hughson Volunteer Fire Association Annual Chicken BBQ.

Mayor Carr adjourned the meeting into Closed Session at 6:41 PM.

9. CLOSED SESSION TO DISCUSS THE FOLLOWING:

9.1: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: One (1) case

9.2: CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Dominique Romo, City Manager Employee Organization: Operating Engineers Local Union 3

9.3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Souza et al. v.

CalPERS; Court of Appeal Case No. C099861
All Councilmembers were present for the duration of the closed session. The Council returned from Closed Session at 8:22 PM. No reportable action was taken.

10. ADJOURNMENT:

CARR/STRAIN 5-0-0-0 motion passes to adjourn the May 13, 2024, regular meeting at 8:22 PM, with the following roll call vote:

CROOKER RUSH STRAIN McFADON CARR

AYE AYE AYE AYE AYE

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City Council Minutes May 13, 2024
5 APPROVED:
___________________
GEORGE CARR, Mayor
ATTEST:
______________________
ASHTON GOSE, City Clerk

Page 11 of 52 ends

Meeting Date: May 28, 2024
Subject: Approval of Warrants Register
Presented By: Kim Weimer, Director of Finance
Approved By: ___________________________
Dominique Romo, City Manager
Staff Recommendation:

Approve the Warrants Register as presented.

Background and Overview:

The warrants register presented to the City Council is a listing of all expenditures paid from May 8, 2024, through May 20, 2024.

Fiscal Impact:

There are reductions in various funds for payment of expenses.

CITY COUNCIL AGENDA ITEM NO. 3.2
SECTION 3: CONSENT CALENDAR

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5/20/2024 6:24:39 PM Page 1 of 5
Check Report
Hughson By Check Number
Date Range: 05/08/2024 - 05/20/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Bank Code: Payable Bank-Payable Bank
00032 AFLAC 05/09/2024 Regular 0.00 286.57 58034
622525 Invoice 05/01/2024 AFLAC 0.00 286.57
01603 Amazon Capital Services, Inc. 05/09/2024 Regular 0.00 127.33 58035 1CWT-7W4G-LKYV Invoice 05/07/2024 Election 0.00 40.30
1CWT-7W4G-XX… Invoice 05/07/2024 Office Supplies 0.00 76.25 1WPW-JYVX-VYGY Invoice 05/07/2024 Office Supplies 0.00 10.78 01580 Atlas Copco USA Holdings Inc 05/09/2024 Regular 0.00 3,645.67 58036 1124029190 Invoice 05/07/2024 quincy blanket po (WWTP) 0.00 2,001.53 1124029193 Invoice 05/07/2024 quincy blanket po (well8) 0.00 1,644.14 00109 BADGER METER, INC 05/09/2024 Regular 0.00 2,332.92 58037 80154168 Invoice 05/07/2024 badger cell service march 0.00 2,332.92 01536 California Landscape Supply, Inc. 05/09/2024 Regular 0.00 464.28 58038 88707 Invoice 05/07/2024 playground mulch starn 0.00 464.28 00258 CENTRAL SANITARY SUPPLY 05/09/2024 Regular 0.00 80.87 58039 8721983 Invoice 05/07/2024 water cups 0.00 80.87
00310 CLARK'S PEST CONTROL 05/09/2024 Regular 0.00 219.00 58040 35285210 Invoice 05/07/2024 PEST CONTROL 0.00 137.00
35285986 Invoice 05/07/2024 PEST CONTROL 0.00 82.00
01538 Colonial Life 05/09/2024 Regular 0.00 220.36 58041 54059070401577 Invoice 05/07/2024 Colonial Life 0.00 220.36 01964 Deluxe 05/09/2024 Regular 0.00 104.41 58042
9003015962 Invoice 05/07/2024 Deposit Slips 0.00 104.41 00445 EKC ENTERPRISES 05/09/2024 Regular 0.00 600.00 58043 52495 Invoice 04/26/2024 Council Chambers Misc/Skeakers Service 0.00 600.00 01963 Eric Cooper 05/09/2024 Regular 0.00 1,190.00 58044 455 Invoice 05/07/2024 WWTP flowmeter diagnose 0.00 1,190.00 00464 EZ NETWORK SYSTEMS, INC. 05/09/2024 Regular 0.00 6,038.49 58045 TS44038 Invoice 05/07/2024 IT SERVICES 0.00 6,038.49
00522 GEOANALYTICAL LABORATORIE 05/09/2024 Regular 0.00 292.00 58046 K4D1661 Invoice 04/16/2024 Blanket PO WW lab 0.00 292.00 00527 GIBBS MAINTENANCE CO 05/09/2024 Regular 0.00 700.00 58047 14780 Invoice 04/30/2024 JANITOR SERVICES 0.00 700.00
00546 GRANITE TELECOMMUNICATION 05/09/2024 Regular 0.00 1,472.60 58048 645649339 Invoice 05/01/2024 PHONES 0.00 1,472.60
01398 Jose Vasquez 05/09/2024 Regular 0.00 169.52 58049 INV0011222 Invoice 05/07/2024 Water - Hughson Has Heart and Ice Chest … 0.00 169.52 00682 KAISER FOUNDATION HEALTH 05/09/2024 Regular 0.00 7,749.65 58050 691534679482 Invoice 06/01/2024 MEDICAL SERVICES- June 0.00 7,749.65 00807 Municipal Maintenance Equipment, Inc 05/09/2024 Regular 0.00 80.03 58051 020155 Invoice 05/07/2024 vacon clamps 0.00 80.03
00855 OPERATING ENGINEERS LOCAL 05/09/2024 Regular 0.00 605.00 58052

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Check Report Date Range: 05/08/2024 - 05/20/2024
5/20/2024 6:24:39 PM Page 2 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 4/2024-1 Invoice 05/07/2024 LOCAL UNION DUES #3 0.00 275.00 5/2024-1 Invoice 05/07/2024 LOCAL UNION DUES #3 0.00 330.00 01884 PACIFIC STORAGE COMPANY 05/09/2024 Regular 0.00 69.66 58053 2218268 Invoice 05/07/2024 RECORDS STORAGE 0.00 69.66
00899 PRECISION CONCRETE CUTTIN 05/09/2024 Regular 0.00 4,996.41 58054 54361 Invoice 05/07/2024 concrete cutting 0.00 4,996.41 01885 RecruitGigs 05/09/2024 Regular 0.00 990.00 58055
69150 Invoice 05/07/2024 Extra Help - PW 0.00 990.00
01880 Rocio Flores 05/09/2024 Regular 0.00 200.00 58056 INV0011221 Invoice 05/06/2024 Damage Deposit - Flores 0.00 200.00 00972 SAFE-T-LITE 05/09/2024 Regular 0.00 70.72 58057
396825 Invoice 05/07/2024 7th and santafe sign 0.00 70.72 01264 VERIZON WIRELESS 05/09/2024 Regular 0.00 380.10 58058 9962498887 Invoice 04/24/2024 MIFI DEVICES/ CAMERAS 0.00 152.04 9962498888 Invoice 04/24/2024 MIFI DEVICES/ CAMERAS 0.00 228.06 01220 WESTURF INC. 05/09/2024 Regular 0.00 131.61 58059 946559 Invoice 05/07/2024 mower parts 0.00 131.61
01965 Ben Valdez 05/10/2024 Regular 0.00 250.00 58060
INV0011228 Invoice 05/09/2024 Joint 2+ 2 City/School/Fire Meeting Food 0.00 250.00 00237 CARR, GEORGE 05/10/2024 Regular 0.00 1,000.00 58061 INV0011227 Invoice 05/09/2024 Reimbursement - Conference of Mayors R… 0.00 1,000.00 01603 Amazon Capital Services, Inc. 05/16/2024 Regular 0.00 89.19 58067 19MH-F7GD-4N… Invoice 05/13/2024 OFFICE SUPPLIES 0.00 26.96 1MHP-DWRF-9K… Invoice 03/28/2024 Office Supplies 0.00 48.45 1N9K-9YV9-44FC Invoice 05/14/2024 Office Supplies 0.00 13.78 00094 AT&T MOBILITY 05/16/2024 Regular 0.00 547.87 58068 05102024 Invoice 05/14/2024 PHONES 0.00 547.87
00284 CHARTER COMMUNICATION 05/16/2024 Regular 0.00 106.89 58069 170064301050124 Invoice 05/14/2024 IP ADDRESS- 1ST 0.00 106.89 01612 GreatAmerica Financial Svcs. 05/16/2024 Regular 0.00 358.92 58070 36454241 Invoice 05/14/2024 LEASE 0.00 358.92
00614 HUGHSON FARM SUPPLY 05/16/2024 Regular 0.00 2,108.17 58071 H487694 Invoice 04/01/2024 Water Supplies (Blanket) 0.00 145.73 H487710 Invoice 04/01/2024 Water Supplies (Blanket) 0.00 3.02 H488007 Invoice 04/03/2024 Water Supplies (Blanket) 0.00 4.30 H488246 Invoice 04/09/2024 farm supply blanket 0.00 97.89 H488360 Invoice 04/08/2024 Water Supplies (Blanket) 0.00 14.01 H488668 Invoice 04/10/2024 Water Supplies (Blanket) 0.00 89.07 H488688 Invoice 04/10/2024 farm supply blanket 0.00 39.88 H489348 Invoice 04/17/2024 Water Supplies (Blanket) 0.00 31.25 H489406 Invoice 04/17/2024 farm supply blanket 0.00 60.37 H489637 Invoice 04/19/2024 farm supply blanket 0.00 16.85 H489920 Invoice 04/22/2024 Water Supplies (Blanket) 0.00 37.01 H490007 Invoice 04/23/2024 Water Supplies (Blanket) 0.00 6.46 H490069 Invoice 04/23/2024 farm supply blanket 0.00 6.45 H490085 Invoice 04/23/2024 Water Supplies (Blanket) 0.00 23.68 H490211 Invoice 04/24/2024 farm supply blanket 0.00 9.92 H490216 Invoice 04/24/2024 Water Supplies (Blanket) 0.00 249.42 H490289 Invoice 04/25/2024 farm supply blanket 0.00 102.31 H490657 Invoice 04/29/2024 farm supply blanket 0.00 81.36

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Check Report Date Range: 05/08/2024 - 05/20/2024
5/20/2024 6:24:39 PM Page 3 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount H490660 Invoice 04/29/2024 farm supply blanket 0.00 90.76 H490662 Invoice 04/29/2024 Water Supplies (Blanket) 0.00 114.70 H490670 Invoice 04/29/2024 farm supply blanket 0.00 89.79 S113157-01 Invoice 05/16/2024 weed trimmers 0.00 793.94 00627 HUGHSON NAPA AUTO & TRUCK 05/16/2024 Regular 0.00 505.84 58072 381933 Invoice 05/13/2024 NAPA hardware blanket 0.00 31.14 381997 Invoice 05/13/2024 NAPA hardware blanket 0.00 18.75 382126 Invoice 05/13/2024 fleet maintenance (blanket PO) 0.00 12.04 382168 Invoice 05/13/2024 NAPA hardware blanket 0.00 13.23 382255 Invoice 05/13/2024 fleet maintenance (blanket PO) 0.00 88.33 382269 Invoice 05/13/2024 NAPA hardware blanket 0.00 49.61 382355 Invoice 05/13/2024 fleet maintenance (blanket PO) 0.00 56.20 382387 Invoice 05/13/2024 NAPA hardware blanket 0.00 12.28 382599 Invoice 05/13/2024 NAPA hardware blanket 0.00 29.09 382797 Invoice 05/13/2024 NAPA hardware blanket 0.00 25.81 382866 Invoice 05/13/2024 NAPA hardware blanket 0.00 32.35 383149 Invoice 05/13/2024 NAPA hardware blanket 0.00 47.61 383291 Invoice 05/13/2024 NAPA hardware blanket 0.00 23.72 383302 Invoice 05/13/2024 NAPA hardware blanket 0.00 49.32 383379 Invoice 05/13/2024 NAPA hardware blanket 0.00 8.18 383385 Invoice 04/29/2024 parts and supplies (blanket PO) 0.00 8.18 00738 LUNA, SAM 05/16/2024 Regular 0.00 205.00 58073
INV0011272 Invoice 05/16/2024 CE hours for pesticide license 0.00 205.00 00775 MISSION UNIFORM SERVICE 05/16/2024 Regular 0.00 1,948.68 58074 521323759 Invoice 04/01/2024 uniform service (blanket PO) 0.00 135.80 521323760 Invoice 04/01/2024 uniform service (blanket PO) 0.00 82.48 521323761 Invoice 04/01/2024 uniform service (blanket PO) 0.00 81.98 521367450 Invoice 04/08/2024 uniform service (blanket PO) 0.00 74.10 521367451 Invoice 04/08/2024 uniform service (blanket PO) 0.00 82.48 521367452 Invoice 04/08/2024 uniform service (blanket PO) 0.00 81.98 521410864 Invoice 04/15/2024 uniform service (blanket PO) 0.00 187.62 521410865 Invoice 04/15/2024 uniform service (blanket PO) 0.00 82.48 521410866 Invoice 04/15/2024 uniform service (blanket PO) 0.00 81.98 521454046 Invoice 04/22/2024 uniform service (blanket PO) 0.00 226.17 521454047 Invoice 04/22/2024 uniform service (blanket PO) 0.00 281.03 521454049 Invoice 04/22/2024 uniform service (blanket PO) 0.00 81.98 521497796 Invoice 04/29/2024 uniform service (blanket PO) 0.00 211.59 521497797 Invoice 04/29/2024 uniform service (blanket PO) 0.00 175.03 521497798 Invoice 04/29/2024 uniform service (blanket PO) 0.00 81.98 00901 PREFERRED ALLIANCE, INC. 05/16/2024 Regular 0.00 189.40 58075 0195140-IN Invoice 05/14/2024 OFF-SITE PARTICIPANT 0.00 189.40 01040 STANISLAUS COUNTY SHERIFF 05/16/2024 Regular 0.00 136,630.16 58076 2324-46 Invoice 05/15/2024 April 2024 0.00 136,630.16
01434 State of California Department of Justice 05/16/2024 Regular 0.00 32.00 58077 733484 Invoice 05/14/2024 FINGERPRINT APPS 0.00 32.00
01089 SUTTER GOULD MEDICAL FOUN 05/16/2024 Regular 0.00 95.00 58078 1003665988-54 Invoice 05/15/2024 Pre-employment - Reisz 0.00 95.00 01090 SUTTER HEALTH PLUS 05/16/2024 Regular 0.00 15,870.15 58079 3140562 Invoice 05/14/2024 MEDICAL INSURANCE- JUNE 0.00 15,870.15 01093 SYNAGRO WEST, LLC 05/16/2024 Regular 0.00 3,071.38 58080 47745 Invoice 05/01/2024 Sludge removal (Blanket) 0.00 3,071.38 01115 THE HOME DEPOT CRC 05/16/2024 Regular 0.00 29.00 58081

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Check Report Date Range: 05/08/2024 - 05/20/2024
5/20/2024 6:24:39 PM Page 4 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0011271 Invoice 04/26/2024 Tools/supplies (Blanket) 0.00 29.00 01322 GOSE, ASHTON 05/16/2024 Regular 0.00 111.36 58082 INV0011295 Invoice 05/16/2024 Urgency Ordinance Newspaper Publication 0.00 111.36 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code Payable Bank Summary
Bank Drafts
EFT's
44 0
0 0
0 0.00

0.00 0.00

0.00 0.00
44 0.00
Payment
196,366.21

0.00 0.00

0.00 0.00
196,366.21
Payable
Count
102
0 0
0 0
102

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Check Report Date Range: 05/08/2024 - 05/20/2024
5/20/2024 6:24:39 PM Page 5 of 5
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
44 0
0 0
0 0.00

0.00 0.00

0.00 0.00
44 0.00
196,366.21

0.00 0.00

0.00 0.00
196,366.21
102
0 0
0 0
102
Fund Name Period Amount
Fund Summary
999 POOLED CASH/CONSOLIDATED CASH 5/2024 196,366.21
196,366.21

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5/20/2024 6:26:52 PM Page 1 of 1
Refund Check Register
Hughson Refund Check Detail
UBPKT03620 - Refunds 01 UBPKT03617 Regular
Account Name Date Check # Amount Code Receipt Amount Type 12-0230-001 DAMAS, STACEY & MICHAEL 5/13/2024 58062 182.94 182.94 Generated From Billing 12-0690-001 AMARAL, DUANE 5/13/2024 58063 38.52 38.52 Generated From Billing 13-0370-003 Ramos, Antonio 5/13/2024 58064 40.24 40.24 Generated From Billing 13-1970-002 Carter, Tara 5/13/2024 58065 225.21 225.21 Generated From Billing 16-0660-004 Duke, Desirae 5/13/2024 58066 75.71 75.71 Generated From Billing Total Refunds: 5 Total Refunded Amount: 562.62
Revenue Code Summary
Revenue Code Amount
996 - UNAPPLIED CREDITS 562.62
Revenue Total: 562.62
General Ledger Distribution
Account Number Account Name Posting Amount IFT
Posting Date: 05/02/2024
Fund: 510 - WATER/SEWER DEPOSIT
510-10001 CLAIM ON CASH-WATER/SEWER DEPOSIT -562.62 Yes 510-11040 CUSTOMER CREDITS 562.62
510 Total: 0.00
Fund: 999 - POOLED CASH/CONSOLIDATED CASH
999-10010 CASH IN BANK-MONEY MARKET -562.62
999-20000 DUE TO OTHER FUNDS (POOLED CASH) 562.62 Yes
999 Total: 0.00
Distribution Total: 0.00

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Meeting Date: May 28, 2024
Subject: Adoption of Resolution No. 2024-15, Approving the Professional Services Agreement with Condor Earth Technologies, Inc. for MS4 Permit Support
Enclosures: Work Order Agreement
2024 Schedule of Fees
Presented By: Carla Jauregui, Community Development Director Approved By:
____________________________
Dominique Romo, City Manager
Staff Recommendation:

Adopt Resolution No. 2024-15, approving a Professional Services Agreement with Condor Earth Technologies, Inc., for Phase II Small Municipal Separate Storm Sewer System (MS4) Permit Support and Authorize the City Manager to Execute the Professional Services Agreement inclusive of any final edits by the City Attorney.

Background and Overview:

Condor Earth Technologies, Inc. (Condor) has been working with the City of Hughson since 2005. Condor started working for the city under a professional services agreement as the groundwater consultant to ensure that the city was meeting its reporting requirements to receive funding from the state for the Wastewater Treatment Plant Expansion Project. At that time the City had to implement a work plan and submit it to the Regional Water Board to ensure that the City was complying with the mandated waste discharge permit to be eligible for funding for the plant. Condor still assists the City with semiannual groundwater monitoring and reporting at the Treatment Plant. This monitoring includes sampling of the City’s wells and surface water sites and reporting those results in the Annual Groundwater Monitoring Report to the state.

The City’s relationship with Condor has evolved over time as requirements for reporting wastewater and stormwater have continued to change over the last decade and a half. In 2013 the State Water Board initiated Phase II of the stormwater permit requirement for the regulation ofstormwater dischargesfrom municipalseparate sewersystems(MS4s). Phase CITY COUNCIL AGENDA ITEM NO. 3.4
SECTION 3: CONSENT CALENDAR

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II impacted small citieslike Hughson by requiring annual reporting forthe first time for cities with lessthan 100,000 people. As such, the City asked Condor to expand theirservices with and provide support for ongoing compliance with the City’s MS4 permit (WDID No. 5S50M2000117). Condor has been providing the necessary assistance related to the City’s MS4 permit since April 2013. Condor has been operating under a Professional Service Agreement that expires in June 2024.

Discussion:

Condor will provide consulting services and regulatory guidance to support the City’s efforts to maintain compliance with the City’s Phase II MS4 Permit requirements. This work includes program management; public education and outreach; illicit discharge detection and elimination; construction site stormwater control; pollution prevention/good housekeeping for municipal operations; post-construction stormwater management; water quality monitoring; program effectiveness assessment and improvement; stormwater program training; Total Maximum Daily Loads (TMDL) compliance requirements; statewide trash implementation program; and new pyrethroid control program requirements.

Condor will also prepare for the City’s review and submittal of technical and monitoring reports in compliance with Central Valley Regional Water Quality Control Board’s (Regional Water Board) letter Phase II MS4 directives and will prepare the City’s FY 2024/2025, 2025/2026, and 2026/2027 Annual Reports through the SMARTS system for the City’s certification.

The cost of all time and materials shall not exceed $75,000 for each fiscal year of this contract. Staff is requesting a three-year contract term for July 1, 2024 – June 30, 2027.

Fiscal Impact:

The funding of this Agreement in the amount of $75,000 is a General Fund expense. Should the City Council approve this Agreement, Finance will make a budget adjustment for the needed appropriations in the 23/24 and proceeding budget years.

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CITY COUNCIL

CITY OF HUGHSON
RESOLUTION NO. 2024-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH CONDOR EARTH TECHNOLOGIES, INC. FOR SUPPORTIVE SERVICES FOR THE CITY’S MS4 PERMIT
WHEREAS, the City requires support and assistance complying with the State Water Board’s Phase II Small Municipal Separate Storm Sewer System (MS4 Permit); and WHEREAS, the City has used the services of Condor Earth Technologies, Inc. (Condor) for the last fifteen years and has had a previous Professional Services Agreement with them that will lapse in June 2024; and
WHEREAS, Condor has an extensive history with the City and its stormwater management practices and the City wishes to continue using Condor’s services; and WHEREAS, the scope of services will include the preparation and submittal of all necessary reporting requirements to be in compliance with the MS4 permit and other regulatory requirements and all services rendered not to exceed $75,000 annually; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby approve the Professional Services Agreement, attached hereto as Attachment “A”, with Condor Earth Technologies, Inc. for stormwater management support and to aid in compliance requirements for the MS4 Permit and authorize the City Manager to sign the agreement.

PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 28th day of May 2024 by the following roll call vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
____________________
GEORGE CARR, Mayor
»
»
»

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ATTEST:
______________________
ASHTON GOSE, City Clerk

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WORK ORDER AGREEMENT

FOR MASTER SERVICES
We are pleased to acknowledge the following work assignment. CONDOR EARTH TECHNOLOGIES, INC., hereinafter referred to as CONDOR, agrees to perform, and CLIENT agrees to pay for services performed in accordance with the scope of work set forth in this WORK ORDER AGREEMENT (AGREEMENT) * This AGREEMENT supersedes any and all negotiations, correspondence, or agreements either written or oral.

Order Received by: Micheline Doyle Kipf Date: May 22, 2024 Authorized by: Ms. Dominique Romo Project No: 6589F
Invoice to: City of Hughson
7018 Pine Street / PO Box 9
Hughson, California 95326
Name of Job: Order No. 2013-0001-DWQ (Permit) Ongoing Compliance Support 2024/2027 Location of Job: City of Hughson
Thank you for the opportunity to submit this Work Order to provide on-call compliance assistance for the City of Hughson’s (City’s) Phase II Small Municipal Separate Storm Sewer System (MS4) Permit (WDID No. 5S50M2000117) for Field Years (FYs) 2024/2025 through 2026/2027. MS4 Permit terms are from July 1 through June 30.

Scope of Work: Condor will provide consulting services and regulatory guidance in support of the City’s efforts to maintain compliance with their Phase II MS4 Permit requirements. Permit elements include, but are not limited to: program management; public education and outreach; illicit discharge detection and elimination (IDDE); construction site storm water control; pollution prevention/good housekeeping for municipal operations; post-construction storm water management; water quality monitoring; program effectiveness assessment and improvement; storm water program training; Total Maximum Daily Loads (TMDLs) compliance requirements; statewide trash implementation program; and new pyrethroid control program requirements.

As requested by the City, Condor will prepare for the City’s review and submittal technical and monitoring reports in compliance with Central Valley Regional Water Quality Control Board’s (Regional Water Board) Letter Phase II MS4 directives (pursuant to California Water Code Sections 13267 and 13383).

Condor will prepare the City’s FY 2024/2025, 2025/2026, and 2026/2027 Annual Reports. Condor will provide draft annual reports for the City’s review, and upon approval, will submit the Annual Reports to SMARTS for the City’s certification. Annual Reports have a regulatory compliance deadline of October 15.

Condor anticipates that the City’s participation in this scope of work will include, but not limited to, the following activities:
• Provide timely responses for information and assistance requests. • Participate in onsite or remote meetings with Condor, storm water BMP providers, and State and Regional Water Boards, as required.

Exhibit A

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• Provide Condor immediate notification upon changes to the City’s directed health and safety protocols.

This scope does not include engineering/structural design, procurement or installation/maintenance of storm water BMPs.

This scope does not include payment of fines/violations that may be incurred as the result of non-compliance with Regional Water Board directives.

Fees to be Charged**: Services to be provided on a Time and Materials basis as requested by the City according to Condor's current Schedule of Fees for Professional Consulting; budget not to exceed $75,000 annually without prior approval by the City. Subsequent year Schedule of Fees anticipate an annual 3% inflation rate increase from Condor's Fiscal Year 2024 rates (attached). * The “Terms for Environmental Consulting Services” are part of this AGREEMENT.

Client agrees to provide access to the job location identified above in accordance with paragraph 5 of the “MASTER SERVICES AGREEMENT FOR CONSULTING SERVICES”.
* Fee schedule, if attached, is considered part of this AGREEMENT.

The parties have read the foregoing, understand completely the terms, and willingly enter into this AGREEMENT effective on the date signed below by CLIENT.

CITY OF HUGHSON CONDOR EARTH TECHNOLOGIES, INC.

By
By
Printed Name: Dominique Romo Printed Name: Micheline Doyle Kipf Position: City Manager Position: Environmental Services Manager Date: Date: May 22, 2024
License No.: PG# 8385, QISP/ToR #00152,

QSD/QSP
X:\Project\6000_prj\6589 Hughson Small MS4 Support\6589F Hughson FY24-27 MS4 Support\Contracts_Proposals_CE\WO 20240522 Small MS4 Permit Support.docx

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TERMS FOR ENVIRONMENTAL CONSULTING SERVICES

1. SERVICES PROVIDED/DUTIES AND LIMITATIONS
a) CONDOR shall perform or cause to be performed those services as set forth in approved Work Order(s) and incorporated herein by reference. b) Independent Consultant Status - Except as may otherwise be noted herein, CONDOR shall serve as an independent consultant to CLIENT and shall have control over and be responsible for the means and methods for providing services under this Agreement. It is specifically understood that, irrespective of any assignability provisions, CONDOR may retain subcontractors to perform services usually performed by subcontractors and, should CONDOR determine it appropriate or necessary to rely on a subcontractor where it is not customary to do so, CONDOR shall obtain prior written approval or subsequent written confirmation from CLIENT. c) Maintenance of Professional Standards and Ethics - CLIENT recognizes that CONDOR's services in all cases must be rendered in accordance with prevailing professional standards and ethics, as well as certain laws or regulations that apply specifically to CONDOR. d) Standard of Care - Services performed by CONDOR under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. e) Reports - If directed by CLIENT in writing, CONDOR shall provide CLIENT with monthly progress reports summarizing the work performed under this Agreement. Such reports shall be in writing and furnished to CLIENT by the tenth day of each month. CONDOR shall also provide CLIENT with such other reports concerning CONDOR's work progress as CLIENT, in its reasonable discretion, may deem necessary. f) Consequential Damages - CLIENT shall not be liable to CONDOR and CONDOR shall not be liable to CLIENT for any consequential damages incurred by either due to the fault of the other, regardless of the nature of this fault, or whether it was committed by the CLIENT or CONDOR, their employees, agents or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit. g) Limitation of Liability - CLIENT agrees to limit CONDOR's liability to CLIENT and all third parties and construction contractors arising from CONDOR's professional acts, errors or omissions, such that the total aggregate liability of CONDOR to all those named shall not exceed $10,000 or CONDOR's total fee for the services rendered under a Work Order, whichever is greater. (If CLIENT wishes to discuss higher limits and the charges involved, he should speak with CONDOR.) CLIENT further agrees to limit CONDOR’s liability to the same amount for contractors and his subcontractors retained by CLIENT and require an identical limitation of CONDOR's liability for damages suffered by the contractor or the subcontractors arising from CONDOR's professional acts, errors or omissions. Neither the contractor nor any of his subcontractors assumes any liability for damages to others which may arise on account of CONDOR's professional acts, errors or omissions, except as otherwise stipulated herein.
h) Notification of Hazardous Materials - When hazardous materials are known, assumed or suspected to exist at a site, CONDOR is required to take appropriate precautions to protect the health and safety of its personnel, to comply with applicable laws and regulations, and to follow procedures that CONDOR deems prudent to minimize physical risks to employees and the public. CLIENT hereby warrants that, if he knows or has any reason to assume or suspect that hazardous materials may exist at the project site, he has so informed CONDOR. CLIENT also warrants that he has done his best to inform CONDOR of such known or suspected hazardous materials' type quantity and location.

2. COMPENSATION AND EXPENSES
a) Fees - CLIENT shall pay compensation for CONDOR's services and shall pay for CONDOR's reasonable costs incurred in performing the services required by this Agreement as set forth in approved Work Orders. CLIENT agrees that CONDOR’s current fee schedule will be the basis for all time-and-materials charges. CLIENT agrees that CONDOR may revise the fee schedule annually. CLIENT will be notified in writing of fee schedule changes.
b) Timely Payment - CLIENT recognizes that time is of the essence with respect to payment of CONDOR's invoices and that timely payment is a material part of the consideration of this Agreement. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify CONDOR in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. CLIENT shall pay CONDOR for services performed in U.S. funds drawn upon U.S. banks and in accordance with the rates and charges set forth in the approved Work Order and this Agreement. Invoices will be submitted by CONDOR from time to time, but no more frequently than every two (2) weeks, and shall be due and payable within thirty (30) calendar days of invoice date.

CLIENT shall pay an additional charge of one-and-one-half percent (l.5%) (or the maximum percentage allowed by law, whichever is lower) of the invoiced amount per month for any payment received by CONDOR more than thirty (30) calendar days from the date of the invoice. Payment thereafter shall first be applied to accrued interest and then to the principal unpaid amount. Payment of invoices is in no case subject to unilateral discounting or set-offs by CLIENT.

If CLIENT fails to pay invoiced amounts within thirty (30) calendar days of the date of the invoice, CONDOR may at any time, without waiving any other claim against CLIENT and without thereby incurring any liability to CLIENT, suspend this Agreement (as provided for in Section 8, Suspension) or terminate this Agreement (as provided for in Section 9, Termination). In the event legal action is initiated to enforce payment of any invoiced amounts under this Agreement, CLIENT agrees to pay reasonable expenses to collect payment, including court costs and attorney fees.

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c) Books of Account - CONDOR shall maintain books and accounts of all charges in accordance with generally accepted accounting principles. At all times during the performance of CONDOR's duties and for a period of one (1) year after completion thereof, CLIENT shall, upon reasonable notice and during business hours, have access to said books and accounts to the extent necessary to verify all charges and costs of CONDOR. d) Changed Conditions - CLIENT has relied on CONDOR's judgment in establishing the geotechnical engineering workscope and fee for this project, given the project's nature and risks. CLIENT shall therefore rely on CONDOR's judgment as to the continued adequacy of this Agreement in light of occurrences or discoveries that were not originally contemplated by or known to CONDOR. Should CONDOR call for contract renegotiation, CONDOR shall identify the changed conditions which in CONDOR's professional judgment make such renegotiation necessary, and CONDOR and CLIENT shall promptly and in good faith enter into renegotiation of this Agreement to permit CONDOR to continue to meet CLIENT's needs. If renegotiated terms cannot be agreed to, CLIENT agrees that CONDOR has an absolute right to terminate this Agreement.

3. DELAYS
In the event that CONDOR's field or technical work is interrupted due to causes beyond its control, CONDOR shall be compensated for the labor, equipment and other costs CONDOR incurs in order to maintain its workforce for CLIENT's benefit during the interruption, or at CLIENT's option, the various costs CONDOR incurs for demobilization and subsequent remobilization. Compensation to CONDOR shall be based upon CONDOR's current fee schedule and expense reimbursement policy. Except for the foregoing provision, neither party shall hold the other responsible for damages or delays in performance caused by acts of God or other circumstances beyond the control of the other party, and which could not reasonably have been anticipated or prevented. For purposes of this Agreement, acts of God and other circumstances include, but are not necessarily limited to, unusual weather, floods, epidemics, war, riots, strikes, lockouts or other industrial disturbances, protest demonstrations, unanticipated site conditions, or inability, despite reasonable diligence, to supply personnel, equipment or material to the project. Should such acts occur, CLIENT and CONDOR shall utilize their best efforts to overcome the resulting difficulties and resume conduct of services called for herein as soon as reasonably possible. Delays within the scope of this provision that cumulatively exceed forty-five (45) calendar days shall, at the option of either party, make this Agreement subject to renegotiation or termination.

4. CONFIDENTIALITY
a) CONDOR agrees to keep confidential and not to disclose to any person or entity, other than CONDOR's employees and subcontractors, without the prior consent of CLIENT, all data and information not previously known to and generated by CONDOR, or furnished to CONDOR and marked CONFIDENTIAL by CLIENT in the course of CONDOR's performance hereunder; provided, however, that this provision shall not apply to data which are in the public domain, or were previously known to CONDOR, or which were acquired by CONDOR independently from third parties not under any obligation to CLIENT to keep said data and information confidential. These provisions shall not apply to information in whatever form that comes into the public domain through no fault of CONDOR, nor shall they be interpreted to in any way restrict CONDOR from complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction. CLIENT agrees that CONDOR may use and publish CLIENT's name and a general description of CONDOR's services with respect to the project in describing CONDOR's experience and qualifications to other clients and prospective clients. CLIENT also agrees that any patentable or copyrightable concepts developed by CONDOR as a consequence of its service hereunder are the sole and exclusive property of CONDOR.
b) The technical and pricing information contained in any proposal submitted by CONDOR as to this project, or in this Agreement or any addendum thereto, is to be considered confidential and proprietary, and shall not be released or otherwise made available to any third party without the express written consent of CONDOR.

5. INDEMNIFICATION PROVISIONS/RISKS
a) Scope of Services Developed by Others - CLIENT recognizes that environmental consulting for a given project begins with development of a scope of services specifically for that project, reflecting the preferences of both CLIENT and CONDOR. If the scope of services for this project was developed by a party other than CONDOR, then as a result, CONDOR can make no claims as to its adequacy, since CONDOR was not involved in or privy to the information and considerations that it reflects. Accordingly, CONDOR would be forced to assume that the scope of services is fully adequate for CLIENT's purposes, since CLIENT issued the workscope, and CONDOR assumes further that CLIENT has an alternative source from which to obtain any needed or desired services not listed. Accordingly, CLIENT waives any claim against CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss allegedly arising from CONDOR's failure to perform services limited by or not included in the CLIENT-provided scope of services. CLIENT also agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim, in accordance with CONDOR's current fee schedule and expense reimbursement policy.
b) Information Provided By Others - CONDOR shall indicate to CLIENT the information needed for rendering of service hereunder, and CLIENT shall provide to CONDOR such information as is available to CLIENT. CLIENT recognizes that it is impossible for CONDOR to assure sufficiency of such information, either because it is impossible to do so, or because of errors or omissions that may have occurred in assembling the information. Accordingly, CLIENT waives any claim against CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss allegedly arising from errors, omissions or inaccuracies in documents or other information provided to CONDOR by CLIENT. Further, CLIENT agrees to compensate CONDOR for any time spent or expense incurred by CONDOR in defense of any claim, with such compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy. c) Right to Enter - CLIENT shall provide for CONDOR's right to enter from time to time property owned by CLIENT and/or other(s) in order for CONDOR to fulfill the scope of services indicated hereunder. CLIENT understands that use of exploration equipment may unavoidably cause some damage, the correction of which is not part of this Agreement. CLIENT also understands that the discovery of certain conditions and/or taking preventive measures relative to these conditions may result in a reduction of the property's value. Accordingly, CLIENT waives any claim against CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss allegedly arising from procedures associated with subsurface exploration activities or discovery of hazardous materials or suspected hazardous materials. In addition, CLIENT agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim, with compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy.

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d) Buried Utilities - CLIENT will furnish to CONDOR information identifying the type and location of utility lines and other man-made objects beneath the site's surface. CONDOR will take reasonable precautions to avoid damaging these man-made objects and will, prior to penetrating the site's surface, furnish to CLIENT a plan indicating the locations intended for these penetrations with respect to which CONDOR has been told are the locations of utilities and other man-made objects beneath the site's surface. CLIENT will approve the location of these penetrations prior to their being made and CLIENT will authorize CONDOR to proceed. CLIENT agrees to waive any claim against CONDOR, and to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss allegedly arising from CONDOR's damaging underground utilities or other man-made objects that were not called to CONDOR's attention or which were not properly located on plans furnished to CONDOR. CLIENT further agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim, in accordance with CONDOR's current fee schedule and expense reimbursement policy. e) Jobsite Safety - Insofar as jobsite safety is concerned, CONDOR is responsible solely for CONDOR’s employees’ activities on the jobsite, but this shall not be construed to relieve CLIENT or any construction contractors from their responsibilities for maintaining a safe jobsite. Neither the professional activities of CONDOR, nor the presence of CONDOR employees and subcontractors, shall be construed to imply CONDOR has any responsibility for methods of work performance, superintendence, sequencing of construction, or safety in, on or about the jobsite.

CONDOR shall not have the responsibility, authority or ability to remove or correct jobsite hazards. CLIENT agrees that the General Contractor is solely responsible for jobsite safety, and warrants that this intent shall be made evident in the CLIENT’s agreement with the General Contractor.

CLIENT also warrants that CONDOR shall be made an additional insured under the General Contractor’s general liability insurance policy. f) Aquifer Contamination - Subsurface sampling may result in unavoidable contamination of certain subsurface areas, as when a probe or boring device moves through a contaminated area, linking it to an aquifer, underground stream, or other hydrous body not previously contaminated and capable of spreading hazardous materials off-site. Because nothing can be done to eliminate the risk of such an occurrence, and because subsurface sampling is a necessary aspect of the work which CONDOR will perform on CLIENT's behalf, CLIENT waives any claim against CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss which may arise as a result of alleged cross-contamination caused by sampling. CLIENT further agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim, in accordance with CONDOR's current fee schedule and expense reimbursement policy. g) Discovery of Unanticipated Hazardous Materials - Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present. CONDOR and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CONDOR and CLIENT also agree that the discovery of unanticipated hazardous materials will make it necessary for CONDOR to take immediate measures to protect human health and safety, and/or the environment. CONDOR agrees to notify CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. CLIENT encourages CONDOR to take any and all measures that in CONDOR's professional opinion are justified to preserve and protect the health and safety of CONDOR's personnel and the public, and/or the environment, and CLIENT agrees to compensate CONDOR for the additional cost of such work. In addition, CLIENT waives any claim against CONDOR, and agrees to indemnify, defend and hold CONDOR harmless from any claim or liability for injury or loss arising from CONDOR's encountering of unanticipated hazardous materials or suspected hazardous materials. CLIENT also agrees to compensate CONDOR for any time spent and expenses incurred by CONDOR in defense of any such claim, with such compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy.
h) Naturally Occurring Asbestos (NOA) – CLIENT waives any claim against CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss which may arise as a result of NOA. CLIENT further agrees to compensate CONDOR for any time spent or expensesincurred by CONDOR in defense of any such claim, in accordance with CONDOR's current fee schedule and expense reimbursement policy.
i) Disposal of Samples - Soil, rock, water and/or other samples obtained from the Project site are the property of CLIENT. CONDOR shall preserve such samples for no longer than forty-five (45) calendar days after the issuance of any document that includes the data obtained from them, unless other arrangements are mutually agreed upon in writing. Should any of these samples be contaminated by hazardous substances or suspected hazardous substances, it is CLIENT's responsibility to select and arrange for lawful disposal procedures, that is, procedures which encompass removing the contaminated samples from CONDOR's custody and transporting them to a disposal site. CLIENT is advised that, in all cases, prudence and good judgment should be applied in selecting and arranging for lawful disposal procedures.

Due to the risks to which CONDOR is exposed, CLIENT agrees to waive any claim against CONDOR, and to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss arising from CONDOR's containing, labeling, transporting, testing, storing or other handling of contaminated samples. CLIENT also agrees to compensate CONDOR for any time spent and expenses incurred by CONDOR in defense of any such claim, with such compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy. j) Drill Cuttings and Fluids - CLIENT recognizes that, when it is known, assumed or suspected that hazardous materials exist beneath the surface of the project site, certain waste materials, such as drill cuttings and drilling fluids, should be handled as if contaminated. Accordingly, to protect human health and safety as well as the environment, CONDOR will appropriately contain and label such materials; will promptly inform CLIENT that such containerization and labeling has been performed, and will leave the containers on site for proper, lawful removal, transport and disposal by CLIENT. CLIENT waives any claim against CONDOR and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss which may arise as a result of the drill cuttings, drilling fluids or other assumedly hazardous materials being left on site after their containerization by CONDOR. CLIENT also agrees to compensate CONDOR for any time spent and expenses incurred by CONDOR in defense of any such claim, with such compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy. k) Construction-Phase Services - If CONDOR is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the Work Order, then this phase applies. For the specified assignment, CONDOR will report observations and professional opinions to CLIENT. No action of CONDOR or CONDOR's site representative can be construed as altering any AGREEMENT between CLIENT and others. CONDOR will report to CLIENT any observed geotechnically or environmentally related work which, in CONDOR's professional opinion, does not conform with plans and specifications. CONDOR has no right to reject or stop work

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of any agent of the CLIENT. Such rights are reserved solely for CLIENT. Furthermore, CONDOR's presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction-related services.

CONDOR will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement of CLIENT, or safety precautions and programs incident thereto. l) Joint and Several Liability - If hazardous materials are encountered in this project, it is possible that the concept of joint and several liability could be construed to make CONDOR partly or wholly responsible for damages created directly or indirectly by the hazardous materials. CLIENT agrees that it would be unfair for CONDOR to be exposed to such an action because CONDOR had nothing whatsoever to do with the creation of the hazardous condition. Accordingly, CLIENT waives any claim against CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss arising from application of a joint and several liability concept that would in any manner hold or seek to hold CONDOR responsible for creating a hazardous materials condition or permitting one to exist. CLIENT also agrees to compensate CONDOR for any time spent and expenses incurred by CONDOR in defense of any such claim, with such compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy. m) Indemnification by CONDOR - CONDOR agrees to hold harmless and indemnify CLIENT from and against liability arising out of CONDOR's negligent performance of the work, subject to any limitations, other indemnifications or other provisions CLIENT and CONDOR have agreed to. Under no circumstances, however, shall CONDOR have any obligation to defend independently or collectively CLIENT or other Indemnified Parties from and against liability for damages that may arise or be attributed to work performed by CONDOR under this Agreement. Nor shall CONDOR have any obligation to pay for or compensate any party for their defense costs or fees. n) Extension of Protection - CLIENT agrees to extend any and all limitations, indemnifications and waivers provided by CLIENT to CONDOR to those individuals and organizations CONDOR retains for proper execution of the work. These shall be deemed to include, but not necessarily be limited to, CONDOR's officers and employees and their heirs and assigns, as well as CONDOR's agents, subconsultants and subcontractors and their officers, employees, heirs and assigns.
o) Subsurface Risks - CLIENT recognizes that special risks occur whenever engineering or related disciplines are applied to identify subsurface conditions. Even a comprehensive sampling and testing program, implemented with the appropriate equipment and experienced personnel under the direction of a trained professional who functions in accordance with a professional standard of care may fail to detect certain conditions, because they are hidden and therefore cannot be considered in development of a subsurface exploration program. For similar reasons, actual environmental, geologic and geotechnical conditions that CONDOR properly infers to exist between sampling points may differ significantly from those that actually exist. The passage of time also must be considered, and CLIENT recognizes that, due to natural occurrences or direct or indirect human intervention at the site or distant from it, actual conditions discovered may quickly change. CLIENT realizes that nothing can be done to eliminate these risks altogether, but certain techniques can be applied by CONDOR to help reduce them to that level deemed tolerable by CLIENT. CONDOR is available to explain these risks and risk reduction methods to CLIENT but, in any event, the scope of services included with this Agreement is that which CLIENT agreed to or selected in light of his own risk preferences and other considerations. p) Holding CONDOR Harmless - CLIENT understands that "holding CONDOR harmless" would, among other things, require CLIENT to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any claim for which CLIENT has agreed to indemnify CONDOR, and that such compensation will be based upon CONDOR's current fee schedule and expense reimbursement policy.

6. OWNERSHIP OF INSTRUMENTS OF SERVICE
All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by CONDOR as instruments of service shall remain the property of CONDOR. CONDOR shall retain these records for a period of one (l) year following submission of reports related to the scope of work included in approved Work Orders, during which period they will be made available to CLIENT at all reasonable times.

7. DISPUTE RESOLUTION
a) Curing a Breach - In the event either party believes that the other has committed a material breach of this Agreement, the party maintaining such a belief shall issue a termination notice to the other identifying the facts as perceived, and both parties shall bargain in good faith to cure the causes for termination as stated in the termination notice. If such a cure can be effected prior to the date by which termination otherwise would be effective, both parties shall commit their understanding to writing, and termination shall not become effective. If in curing an actual or alleged breach either party shall waive any rights otherwise inuring to them by virtue of this Agreement, such waiver shall not be construed to in any way affect future application of the provision involved or any other provision. b) Arbitration - All claims, disputes, and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement of the breach thereof, shall be decided by arbitration in accordance with the then-most current rules of the American Arbitration Association, if the parties mutually agree.

8. SUSPENSION
Upon fourteen (14) calendar days' written notice to CONDOR, CLIENT may suspend CONDOR's work. If payment of CONDOR's invoices is not maintained on a thirty (30) calendar day current basis by CLIENT, CONDOR may by giving fourteen (14) calendar days' written notice to CLIENT suspend further work until payment is restored to a current basis. Suspension for any reason exceeding forty-five (45) calendar days shall, at CONDOR's option, make this Agreement subject to renegotiation or termination, as provided for elsewhere in this Agreement. Any suspension shall extend the time schedule for performance in a manner that is satisfactory to both CLIENT and CONDOR, and CONDOR shall be compensated for services performed and charges incurred prior to the suspension date, plus suspension charges.

Page 28 of 52 ends

Page 7 of 7 ends

Suspension charges may include, but shall not be limited to, services and costs associated with putting analyses and documents in order, rescheduling and reassigning personnel and/or equipment and issuing necessary or customary notices to appropriate government agencies.

Compensation to CONDOR shall be based upon CONDOR's current fee schedule and expense reimbursement policy.

9. TERMINATION
CLIENT or CONDOR may terminate this Agreement for reasons identified elsewhere in this Agreement, or for other reasons which may arise.

In the event such termination becomes necessary, the party effecting termination shall so notify the other party, and the termination will become effective fourteen (14) calendar days after receipt of the termination notice. Irrespective of which party shall effect termination or the cause therefore, CLIENT shall within thirty (30) calendar days of termination remunerate CONDOR for services rendered and costs incurred, in accordance with CONDOR's current fee schedule and expense reimbursement policy. Services shall include those rendered up to the time of termination, as well as those associated with termination itself, such as demobilizing, modifying schedules, reassigning personnel, and so on.

Costs shall include those incurred up to the time of termination, as well a those associated with termination and post-termination activities, such as demobilization, decontaminating and/or disposing of equipment, disposal and replacement of contaminated consumables, and so on.

10. MISCELLANEOUS
a) Governing Law - The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California.
b) Waiver - The parties agree that a waiver of breach of one term, covenant, or condition of this Agreement is not a waiver of breach of others, nor of subsequent breach of the one waived.
c) Severability - CLIENT and CONDOR have entered into this Agreement of their own free will, to communicate to one another mutual understandings and responsibilities. Any element of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, CLIENT and CONDOR will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. d) Headings - The headings contained in this Agreement are for convenience of reference only and in no way limit or define the scope of this Agreement.
e) Attorneys' Fees - Should any litigation be commenced between the parties to this Agreement concerning this Agreement, or the rights and duties of either in relation thereto, the party prevailing in such litigation shall be entitled to, in addition to such other relief as may be granted, a reasonable sum as and for its attorney fees in such litigation which shall be determined by the Court in such litigation or in a separate action brought for that purpose.
f) Assignment - Neither this Agreement nor any interest therein shall be assigned by either party without the written consent of the other. g) Binding on Heirs - This Agreement shall be binding on and shall inure to the benefit of the heirs, executor, administrators, successors and assigns of the parties hereto.

X:\Project\6000_prj\6589 Hughson Small MS4 Support\6589F Hughson FY24-27 MS4 Support\Contracts_Proposals_CE\WO 20240522 Small MS4 Permit Support.docx

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X:\Office\Forms\Contracts\Fee Schedules\2024 Fee Professional Consulting v2.docx

CONDOR EARTH

SCHEDULE OF FEES
2024
STAFF MEMBER RATE PER HOUR ($)

PRINCIPALS/PROJECT MANAGEMENT
Senior Principal ........................................................................................................................................ 260.00 Principal Engineer/Geologist .................................................................................................................... 233.00 Project Director ........................................................................................................................................ 221.00 Project/Senior Manager ............................................................................................................................ 195.00

TECHNICAL
Senior Geotechnical Engineer .................................................................................................................. 221.00 Registered Geotechnical Engineer ........................................................................................................... 211.00 Certified Hydrogeologist/Engineering Geologist ..................................................................................... 211.00 Senior Geologist/Engineer/Environmental Specialist .............................................................................. 201.00 Senior Process Safety Management Specialist ......................................................................................... 201.00 Unmanned Aerial System (UAS) Specialist ............................................................................................. 162.00 GIS Programmer/Analyst ......................................................................................................................... 162.00 Process Safety Management Specialist .................................................................................................... 162.00 Resident Construction Inspector ............................................................................................................... 177.00 Associate Geologist/Engineer/Environmental Specialist ......................................................................... 162.00 Aboveground Storage Tank (AST) Certified Inspector ............................................................................ 162.00 Staff Geologist/Engineer/Environmental Specialist ................................................................................. 147.00 GIS Technician ......................................................................................................................................... 136.00 Engineering Assistant ............................................................................................................................... 119.00 Senior Technician ..................................................................................................................................... 113.00 Draftsperson ............................................................................................................................................. 108.00 Technician .................................................................................................................................................. 93.00 MATERIALS TESTING *
MTSI Project/Laboratory Manager .......................................................................................................... 151.00 Certified Welding Inspector ..................................................................................................................... 145.00 Special Inspector ...................................................................................................................................... 123.00 Senior Materials Technician ..................................................................................................................... 118.00 Materials Technician ................................................................................................................................ 102.00

SUPPORT STAFF
Senior Project Administrator .................................................................................................................... 141.00 Administrative Specialist.......................................................................................................................... 113.00 Project Coordinator .................................................................................................................................. 113.00 Technical Editor ......................................................................................................................................... 84.00 Administrative Assistant ............................................................................................................................ 78.00

MISCELLANEOUS
Overtime (all Saturday work is overtime) ................................................................................... (1.3 times rate) Double-time (all Sundays and Holidays)..................................................................................... (1.7 times rate) Litigation Support ...................................................................................................................... 300.00 – 400.00

NON-LABOR CHARGES
Vehicle charge ................................................................................................. $60 per day plus 67 cents per mile Unit Charges per Condor Unit Fee Schedule
Billable Field Equipment per Condor Billable Field Equipment Schedule Laboratory Charges per Condor Laboratory Fee Schedule
*A 2-hour minimum charge will be applied to all field services, and a 4-hour minimum will be applied for the cancellation of work within 24 hours of scheduled field work.

OUT-OF-POCKET EXPENSES
Billed at cost plus 15% and includes such items as travel expenses, equipment rental, laboratory fees, subcontractors, postage and freight, subcontracted printing or reproduction fees, supplies, etc.

PREVAILING WAGE
Refer to Condor Prevailing Wage Schedule of Fees

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X:\Office\Forms\Contracts\Fee Schedules\2024 Fee Professional Consulting v2.docx

CONDOR EARTH

SCHEDULE OF FEES
2024
STAFF MEMBER RATE PER HOUR ($)

PREVAILING WAGE
Refer to Condor Prevailing Wage Schedule of Fees
Exhibit B

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Meeting Date: May 28, 2024
Subject: Lebright Park Project Completions
Presented By: Carla C. Jauregui, Community Development Director Approved By:
____________________________
Dominique Romo, City Manager
Staff Recommendation:

1. Adopt Resolution No. 2024-16, accepting the Lebright Restroom and Concession Stand Project

2. Adopt Resolution No. 2024-17, accepting the Lebright Parking Lot Improvement Project

3. Adopt Resolution No. 2024-18, accepting the Lebright Restroom Site Preparation and Finish Project

4. Authorize the City Clerk to file the Notices of Completion (NOC) for all of the projects.

Background:

Lebright Fields is a very important recreational asset to the community. Given the continued growth of the community, and the increase in participation within the local sports community, namely baseball and football recreation programs, the City has worked diligently to upgrade the facility to continue to provide residents with a top—notch recreational experience and support the thriving sports programsthat bring our community together.

On March 27, 2023, the City Council approved the Lebright Renovation project including the new restroom/concession stand, paving and striping the parking lot including required storm drains, an ADA pathway around the outside of the park with cutouts that will allow a wheelchair to turn around, and rebuilding the park’s main electrical backboard and upgrades needed to the existing electrical.

At its regularly scheduled meeting of June 12, 2023, the Hughson City Council awarded a contract for the purchase and delivery of the restroom/concession stand to low bidder Structure Cast, in the amount of $322,656.25. Additionally, at its regularly scheduled meeting of June 24, 2023, the City Council awarded the contract for the Lebright Restroom CITY COUNCIL AGENDA ITEM NO. 3.4
SECTION 3: CONSENT CALENDAR

Page 32 of 52 ends

Site Preparation and Finish to McFadden Construction in the amount of $65,726. This project included the demolition of the existing concession stand, grading, moving the utilities, pouring concrete around the new restroom and a tie-in to the existing monument area. Lastly, on December 11, 2023, the Hughson City Council awarded a contract for Parking Lot Improvement at Lebright fields for $318,922 to MHK Construction.

Discussion:

The projects consisted of the purchase, delivery and installation of the restroom/concession stand building at Lebright Fields, as well as parking lot improvements.

The parking lot improvements consisted of paving and striping the parking lot as well as the installation of storm drains improving drainage in the area.

Project construction has been completed for all three of these projects within budget. If approved by the Hughson City Council, the City Clerk will file the Notices of Completion with the Stanislaus County Clerk-Recorder for all projects.

Fiscal Impact:

Funds in the amount of $350,814.20 were budgeted in the Fiscal Year 2023-2024 budget and paid for out of fund 454, Parks In Lieu Fees and 453, Park Dev. Impact Fees for the Restroom and Concession Stand Project. Per Capita Grant Funds in the amount of $182,536 will be requested for reimbursement for this project.

Funds in the amount of $318,922 were budgeted in the Fiscal Year 2023-2024 budget and paid for out of 453 Park Development Impact Fees and 450 Storm Development Impact Fees for the Parking Lot Improvements Project. There were no change orders associated with this project.

Funds in the amount of $65,726 were budgeted in the Fiscal Year 2023-2024 budget and paid for out of Fund 453, Park Development Impact Feesfor the Site Preparation and Finish Project.

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CITY OF HUGHSON

CITY COUNCIL
RESOLUTION NO. 2024-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON ACCEPTING THE LEBRIGHT

RESTROOM AND CONCESSION STAND PROJECT AND AUTHORIZING THE CITY CLERK TO FILE A

NOTICE OF COMPLETION
WHEREAS, at its regularly scheduled meeting of June 12, 2023, the Hughson City Council awarded a contract for the Lebright Restroom and Concession Stand Project to low bidder Structure Cast, in the amount of $322,656.25; and
WHEREAS, the Lebright Restroom and Concession Stand Project consisted of the purchase and delivery of the prefabricated restroom and concession stand; and WHEREAS, the work performed by Structure Cast. has been inspected and found to be complete and in compliance with the scope and specifications of the project.

NOW THEREFORE BE IT RESOLVED that the Hughson City Council hereby accepts the Lebright Restroom and Concession Stand Project
and authorizes the City Clerk to File a Notice of Completion with the Stanislaus County ClerkRecorder.

PASSED AND ADOPTED by the City Council of the City of Hughson at its regular meeting held on this 28th day of May 2024 by the following roll call votes:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
_________________________
GEORGE CARR, Mayor
_________________________
ASHTON GOSE, City Clerk

Page 34 of 52 ends

CITY OF HUGHSON

CITY COUNCIL
RESOLUTION NO. 2024-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON ACCEPTING THE LEBRIGHT

RESTROOM AND CONCESSION STAND PROJECT AND AUTHORIZING THE CITY CLERK TO FILE A

NOTICE OF COMPLETION
WHEREAS, at its regularly scheduled meeting of June 24, 2023, the Hughson City Council awarded a contract for the Lebright Restroom Site Preparation and Finish to low bidder McFadden Construction, in the amount of $65,726; and
WHEREAS, the Lebright Restroom Site Preparation and Finish Project consisted of the demolition of the existing concession stand, grading, mobbing the utilities and pouring concrete around the new restroom and concession stand and a tie-in to the existing monument area; and
WHEREAS, the work performed by McFadden has been inspected and found to be complete and in compliance with the scope and specifications of the project.

NOW THEREFORE BE IT RESOLVED that the Hughson City Council hereby accepts the Lebright Restroom Site Preparation and Finish Project and authorizes the City Clerk to File a Notice of Completion with the Stanislaus County Clerk-Recorder.

PASSED AND ADOPTED by the City Council of the City of Hughson at its regular meeting held on this 28th day of May 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
_________________________
GEORGE CARR, Mayor
_________________________
ASHTON GOSE, City Clerk

Page 35 of 52 ends

CITY OF HUGHSON

CITY COUNCIL
RESOLUTION NO. 2024-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON ACCEPTING THE PARKING LOT

IMPROVEMENTS PROJECT AND AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF

COMPLETION
WHEREAS, at its regularly scheduled meeting of December 11, 2023, the Hughson City Council awarded a contract for the Lebright Parking Lot Improvement Project to low bidder MHK Construction, in the amount of $318,922; and
WHEREAS, the Lebright Parking Lot Improvement Project consisted of the paving and striping of the parking lot including required storm drains; and WHEREAS, the work performed by MHK has been inspected and found to be complete and in compliance with the scope and specifications of the project.

NOW THEREFORE BE IT RESOLVED that the Hughson City Council hereby accepts the Lebright Parking Lot Improvement Project and authorizes the City Clerk to File a Notice of Completion with the Stanislaus County Clerk-Recorder.

PASSED AND ADOPTED by the City Council of the City of Hughson at its regular meeting held on this 28th day of May 2024 by the following roll call votes:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
_________________________
GEORGE CARR, Mayor
_________________________
ASHTON GOSE, City Clerk

Page 36 of 52 ends

Meeting Date: May 28, 2024
Subject: Adopt Uncodified Ordinance No. 2024-03, an Urgency Ordinance of The City of Hughson Extending a Moratorium on All New Smoking Lounges and Smoke Shops Within the City of Hughson
Presented By: Tom Terpstra, Deputy City Attorney
Approved By:
___________________________
Dominique Romo, City Manager
Staff Recommendation:

Adopt Uncodified Ordinance No. 2024-03, an Urgency Ordinance of The City of Hughson Extending a Moratorium on All New Smoking Lounges and Smoke Shops Within the City of Hughson.

Discussion:

Over the past few months, there has been growing concern in the community regarding smoke shops and other retailers of tobacco products in the City of Hughson. These establishments primarily sell tobacco products, vaping devices, and related paraphernalia.

The presence of such businesses raises concerns regarding public health, safety, and community welfare, particularly regarding minors.

An increased proliferation of smoke shops within the City can contribute to various negative impacts, including:

1. Public Health Degradation: The availability of tobacco and vaping products can exacerbate public health issues such as smoking-related illnesses and substance abuse among youth and adults alike.

2. Youth Exposure: The proximity of these establishments to schools and recreational areas increases the risk of youth exposure to tobacco and vaping products, potentially leading to addiction and harmful health consequences.

3. Negative Economic Effects: Concentration of smoke shops may deter other types of businesses from establishing in the area, impacting the economic diversity and vitality of the community.

CITY COUNCIL AGENDA ITEM NO 5.1
SECTION 5: PUBLIC HEARING

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On April 8, 2024, the City Council of Hughson adopted Ordinance No. 2024-01, entitled “An Urgency Ordinance of the City of Hughson Imposing a Moratorium on All New Smoking Lounges and Smoke Shops Within the City of Hughson.” The initial ordinance imposed the moratorium for 45 days.

The extension of the temporary Urgency Ordinance will continue to give staff an opportunity to conduct the research and, if necessary, engage with stakeholders in order to gather data and insights to inform evidence-based policy decisions regarding future regulations and ordinances to governing smoke shops in the future.

Fiscal Impact:

Publication fees associated with the adoption of ordinances were budgeted in the Fiscal Year 2023-24 Budget.

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1780077-1

CITY OF HUGHSON

CITY COUNCIL
UNCODIFIED ORDINANCE NO. 2024-03

AN URGENCY ORDINANCE OF THE CITY OF HUGHSON EXTENDING A MORATORIUM ON ALL

NEW SMOKING LOUNGES AND SMOKE SHOPS WITHIN THE CITY OF HUGHSON WHEREAS, on April 8, 2024, the City Council of Hughson (“City”) adopted Ordinance No. 2024-01, entitled “An Urgency Ordinance of the City of Hughson Imposing a Moratorium on All New Smoking Lounges and Smoke Shops Within the City of Hughson”; and WHEREAS, the City Council desires to extend the moratorium imposed by Ordinance No. 2024-01 beyond the original 45 days specified therein.

NOW, THEREFORE, the City Council of the City of Hughson does ordain as follows:

1. The above recitals are true and correct and are incorporated in this Ordinance.

2. The recitals and findings of Ordinance 2024-01 are true and correct and incorporated in this Ordinance.

3. The City does hereby extend Ordinance 2024-01 for a period of 10 months and 15 days from May 28, 2024, through April 12, 2025.

4. This Ordinance is an urgency Ordinance adopted pursuant to Government Code section 65858 and sections 36937(b) and (e) and shall take effect immediately.

5. Within fifteen (15) days after its final passage, the City Clerk shall cause this Ordinance to be published in full.

6. This interim Ordinance shall be of no further force and effect after April 12, 2025, unless it is extended pursuant to Government Code Section 65858 or other applicable law, as approved by the City Council.

On motion of Councilmember ___________________, seconded by ________________, the foregoing Ordinance was passed by a 4/5 vote of the City Council of the City of Hughson at a regular meeting held on May 28, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Page 39 of 52 ends

1780077-1
2 APPROVED:
_______________________
GEORGE CARR, Mayor

ATTEST:
____________________________
ASHTON GOSE, City Clerk

Page 40 of 52 ends

Meeting Date: May 28, 2024
Subject: Adopt Ordinance 2024-02, Adding Chapter 17.03.082 to Title 17 of the Hughson Municipal Code Titled “Smoke Shops”
Presented By: Tom Terpstra, Deputy City Attorney
Approved By:
______________________________
Dominique Romo, City Manager
Staff Recommendation:

Introduce and Waive the First Reading of Ordinance No. 2024-02, Adding Chapter 17.03.082 and Amending Sections 17.01.090 and 17.02.032 of the Hughson Municipal Code Relating to Smoke Shop Uses.

Discussion:

The presence of such businesses raises concerns regarding public health, safety, and community welfare, particularly regarding minors.

An increased proliferation of smoke shops within the City can contribute to various negative impacts, including:

1. Public Health Degradation: The availability of tobacco and vaping products can exacerbate public health issues such as smoking-related illnesses and substance abuse among youth and adults alike.

3. Negative Economic Effects: Concentration of smoke shops may deter other types of businesses from establishing in the area, impacting the economic diversity and vitality of the community.

The City Council is authorized, and presently regulates smoke shops within the City as general retail use as governed by various sections of the Hughson Municipal Code.

PLANNING COMMISSION ITEM NO 5.2
SECTION 5: PUBLIC HEARING

Page 41 of 52 ends

This Ordinance amendment will establish a more robust set of regulations and/or prohibitions concerning the establishment of new smoke shops within the City, and encourage responsible tobacco retailing and discourage violations of tobacco and drug related laws, especially those that prohibit or discourage the sale or distribution of tobacco or THC products to minors, while allowing currently permitted and existing smoke shops who are in compliance with all permit conditions and laws to remain in operation.

Fiscal Impact:

There is no fiscal impact associated with this item.

Page 42 of 52 ends

1779861-1

CITY OF HUGHSON

CITY COUNCIL
ORDINANCE NO. 2024 – 02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUGHSON ADDING CHAPTER 17.03.082 AND AMENDING SECTIONS 17.01.090 AND 17.02.032 OF THE HUGHSON MUNICIPAL CODE

RELATING TO SMOKE SHOP USES, AND FINDING THE SAME EXEMPT FROM CEQA WHEREAS, the City of Hughson, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law regulates the sale of tobacco in California, but does not preempt or otherwise prohibit the adoption of local regulations that impose greater restrictions on access to tobacco products; and
WHEREAS, the City Council is authorized, pursuant to Article 11, Section 7 of the California Constitution to make within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City presently regulates smoke shops within the City as a general retail use as governed by various sections of the Hughson Municipal Code ("HMC"), but the City now wishes to establish a more robust set of regulations and/or prohibitions concerning the establishment of new smoke shops within the City; and
WHEREAS, the Hughson City Council desires to encourage responsible tobacco retailing and discourage violations of tobacco and drug related laws, especially those that prohibit or discourage the sale or distribution of tobacco or THC products to minors, while allowing currently permitted and existing smoke shops who are in compliance with all permit conditions and laws to remain in operation; and
WHEREAS, the regulation of smoke shop uses is necessary and in the interest of the public health, safety and general welfare of the community because there is the substantial likelihood that, in the absence of this regulatory action, new smoke shop businesses in the City of Hughson may target and sell to minors; and
WHEREAS, the expansion and operation of such businesses in the city, especially in specific locations, would result in undesirable impacts to the community. Among these impacts are increased potential for tobacco sales to minors, greater opportunities for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative

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1779861-1
aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses; and
WHEREAS, The City Council of the City of Hughson desires to add Section 17.03.082 of the Hughson Municipal Code, Chapter 17.03, and amend Sections 17.01.090 and 17.02.032 to implement a more robust set of regulations concerning the establishment of new smoke shops within the City; and

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF HUGHSON DOES ORDAIN AS FOLLOWS:

Section 1. Section 17.03.082 of Chapter 17.03 of the Hughson Municipal Code is hereby added in its entirety as provided in Exhibit A, attached hereto and incorporated herein by this reference.

Section 2. Subsections D, M, S, T, and Y of Section 17.01.090 are hereby amended to add the following definitions:

14. "Drug Paraphernalia" means and includes any of the items possession of which is prohibited by Section 11364 of the State of California Health and Safety Code, or any instrument used, designed for use, or intended for use in ingesting, smoking, administering or preparing marijuana, hashish, hashish oil or cocaine.

12. "Minor(s)" means any person under the age of 21, in accordance with Business and Professions Code Section 22950-22963 and United States Code Section 387f(d).

5. "Sensitive use" means a school, day care center (as defined in Section 1596.76 of the California Health and Safety Code, as may be amended from time to time), youth center as defined in this chapter, church or religious institution, library, community center, recreational facility, park, or other similar use where minors are typically gathered or located.

22. "Smoke Shop" means a retailer whose main purpose is the sale of smoking and/or tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories for offpremises consumption at a retail establishment that either devotes more than ten (10%) percent of its total floor area to smoking, drug, and/or tobacco paraphernalia or devotes more than a two foot by four (2' by 4') foot (two (2' 0") feet in depth maximum) section of shelf space for display of forPage 44 of 52 1779861-1
sale tobacco products and the sale of smoking and/or tobacco paraphernalia, including electronic cigarettes and electronic vapor devices.

4. "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, electronic cigarettes, e- cigarettes, electronic smoking devices, electronic cigarette cartridges, electronic smoking device cartridges and related products, and any other item designed or used for the smoking or ingestion of tobacco products.

5. "Tobacco product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff, chewing tobacco, e-cigarette or electronic smoking device, or any other form of tobacco or product containing at least fifty (50) percent tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product (e.g., skin patches, lozenges, gym and prescription medications), or for other therapeutic purposes where that product is marketed and sold solely for such approved use.

5. "Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including but not limited to: private youth membership organizations or clubs, social service teenage club facilities, and where minors are legally permitted to accept services. This definition shall not include any private gym, martial arts, yoga, ballet, music, art studio or similar studio of this nature, nor shall it include any athletic training facility, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.

Section 3. Table 17.02.032 in Section 17.02.032 is hereby amended to include the following use classifications for “Smoke Shops”:

R-1 R-2 R-3 R-A C-1 C-2 C-3 I P O-S S-P Related
Regulations
Retail
….

Smoke Shop - - - - - C C C - - -
….

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Section 3. In the interest of protecting the health, safety, and welfare of the residents in the City of Hughson, it is the purpose and intent of this ordinance to regulate smoke shops in the City of Hughson through imposition of a Conditional Use Permit requirement and establishment of certain location-based and operational restrictions.

Section 4. The City Council hereby adopts the following findings respecting this Ordinance:
a. The foregoing recitals are true and correct.
b. Smoking and use of tobacco products, particularly by persons under 21 years of age, poses a significant health hazard to the user and persons in proximity to the user, including, without limitation, nicotine addiction, disease, and premature death. c. The City has a significant interest in discouraging tobacco use by minors and discouraging the sale or distribution of tobacco products to minors, including vape pens and devices, e-cigarettes, and flavored tobacco products. Many state laws have been adopted which acknowledge the public health impacts of tobacco and specifically its effect on minors. State law prohibits public school students from smoking or using tobacco products while on campus, while attending school sponsored activities, or while under the supervision or control of school district employees (Education Code § 48901).

State law also prohibits smoking in playgrounds and tot lots. It also prohibits smoking within 20 feet of the main entrances and exits of public buildings (Health and Safety Code § 104495).
d. The failure of smoke shops and other similar establishments to comply with all tobacco control laws, particularly the sale of tobacco products to minors, presents a threat to the public health, safety, and welfare. A local permitting program for smoke shops is intended to ensure that smoke shops comply with tobacco control laws and business standards of the City and to protect the health, safety, and welfare of those persons who reside in, work in, and visit the City.

Section 5. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

Section 6. If any provision of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The city council hereby declares that it would have adopted this ordinance irrespective of the validity of any particular portion thereof.

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Section 7. The City Council finds that this ordinance is not subject to CEQA pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, the City Council finds that this ordinance is exempt under CEQA pursuant to Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) of the CEQA Guidelines because this ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance.

Section 8. This ordinance shall become effective thirty (30) days after its final passage.

Section 9. Within fifteen (15) days after its final passage, the City Clerk shall cause this ordinance to be posted in full accordance with Section 36933 of the Government Code.

The foregoing ordinance was introduced and the title thereof read at the regular meeting of the City Council of the City of Hughson held on _____________________, and by a unanimous vote of the council members present, further reading was waived.

On motion of councilperson ____________________, seconded by councilperson ______________________, the second reading of the foregoing ordinance was waived and this ordinance was duly passed by the City Council of the Hughson City Council at a regular meeting thereof held on ________________, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

George Carr, Mayor
ATTEST:

Ashton Gose, City Clerk.

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EXHIBIT A
Chapter 17.03.082

SMOKE SHOPS
A. Purpose and Intent.

On August 28, 2020, Senate Bill 793 (Hill) was signed into law to prohibit the sale of flavored tobacco in California. SB 793 does not preempt or otherwise prohibit the adoption of local regulations that impose greater restrictions on access to tobacco products. Further, the California Business and Professions Code section 22971.3 authorizes cities to implement local tobacco licensing laws, consistent with state law.

The Hughson City Council desires to encourage responsible tobacco retailing and discourage violations of tobacco and drug related laws, especially those that prohibit or discourage the sale or distribution of tobacco or THC products to minors.

The regulation of smoke shops is necessary and in the interests of the public health, safety and general welfare because there is the substantial likelihood of the establishment and operation of more smoke shop uses in the City of Hughson and for these uses to target and sell to minors. The expansion and operation of such businesses in the city, especially in specific locations, would result in undesirable impacts to the community. Among these impacts are increased potential for tobacco sales to minors, greater opportunities for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses.

This chapter contains location and operational standards for smoke shop uses consistent with good zoning and planning practices to address such negative impacts of these uses while providing a reasonable number of locations and zones for these uses to locate within the City of Hughson.

B. Definitions.

Unless otherwise provided in this section, the definitions set forth in Section 17.01 of this Code apply. The following words shall have the meanings set forth below when used in this section:
"Drug Paraphernalia" means and includes any of the items possession of which is prohibited by Section 11364 of the State of California Health and Safety Code, or any instrument used, designed for use, or intended for use in ingesting, smoking, administering or preparing marijuana, hashish, hashish oil or cocaine.
"Minor(s)" means any person under the age of 21, in accordance with Business and Professions Code Section 22950-22963 and United States Code Section 387f(d). "School" shall have the same meaning as provided in Chapter 17.01(S) of the Hughson Municipal Code.

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"Sensitive use" means a school, day care center (as defined in Section 1596.76 of the California Health and Safety Code, as may be amended from time to time), youth center as defined in this chapter, church or religious institution, library, community center, recreational facility, park, or other similar use where minors are typically gathered or located. "Smoke Shop" means a retailer whose main purpose is the sale of smoking and/or tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories for off-premises consumption at a retail establishment that either devotes more than ten (10%) percent of its total floor area to smoking, drug, and/or tobacco paraphernalia or devotes more than a two foot by four (2' by 4') foot (two (2' 0") feet in depth maximum) section of shelf space for display of for-sale tobacco products and the sale of smoking and/or tobacco paraphernalia, including electronic cigarettes and electronic vapor devices.
"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, electronic cigarettes, e- cigarettes, electronic smoking devices, electronic cigarette cartridges, electronic smoking device cartridges and related products, and any other item designed or used for the smoking or ingestion of tobacco products. "Tobacco product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff, chewing tobacco, e-cigarette or electronic smoking device, or any other form of tobacco or product containing at least fifty (50) percent tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product (e.g., skin patches, lozenges, gym and prescription medications), or for other therapeutic purposes where that product is marketed and sold solely for such approved use. "Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including but not limited to: private youth membership organizations or clubs, social service teenage club facilities, and where minors are legally permitted to accept services. This definition shall not include any private gym, martial arts, yoga, ballet, music, art studio or similar studio of this nature, nor shall it include any athletic training facility, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.

C. Conditional Use Permit.

1. Smoke shops are permitted in the C-2, C-3, and I districts subject to the issuance, existence and validity of a conditional use permit as provided for in Section 17.04.012 of this title and full compliance with each and every condition thereof. Such conditional use permit shall be issued only if the applicant has submitted a site plan showing the location of the use and the following findings have been made:
a. That the use is necessary or desirable in relation to the purposes of the Hughson general plan, this title, and the economic, social and environmental status of the city;

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b. That the use will be properly related to other uses, transportation facilities, and other public facilities in the area, and will not cause undue environmental impacts relating to noise, odor, pollution, etc.; and
c. That the use will not adversely affect the health or safety of persons living or working in the vicinity, or be materially detrimental to the public welfare of the city and its residents.

2. In addition to any other penalty authorized by law or the Hughson Municipal Code, the business license and conditional use permit of any business that violates any provision of this Section, the California Uniform Controlled Substances Act (including without limitation Health and Safety Code Sections 11364 to 11376.5), as amended from time to time, or any other local, State or Federal law or regulation, may be revoked pursuant to the procedure set forth in Section

17.04.012 and 17.04.004.

D. Location Restrictions and Operational Requirements for Smoke Shop Uses.

1. The following location restrictions apply to all smoke shops operating in the City:
a. Smoke Shop uses shall only be conducted at fixed locations; and b. Smoke Shop uses shall be located at least six hundred (600) feet from a sensitive use; and
c. Smoke Shop uses shall be located at least eight hundred (800) feet from another such use, disregarding the corporate boundary of the City;
d. Smoke Shop uses that dedicate more than ten (10) percent of their total retailing square footage to tobacco, tobacco products or tobacco paraphernalia must be located at least six hundred (600) feet from any parcel zoned for residential use in the city.

2. The following operational requirements apply to all smoke shops operating in the City:
a. All Smoke Shops shall obtain the property owner’s written authorization to operate said use at the location at which the use is to be established. b. Each smoke shop use shall hold a valid California Cigarette and Tobacco Products Retailer's License issued by the California Department of Tax and Fee Administration, in accordance with state law, and shall be prominently displayed in the publicly visible location at the establishment.
c. No person who is younger than the minimum age of twenty-one (21) years or as authorized by State law shall be permitted to sell, display, market, barter, trade or exchange any combination of tobacco, tobacco products, or smoking or exchange paraphernalia, including electronic smoking devices and accessories.

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d. Smoke shops shall post clear signage in accordance with the Stop Tobacco Access to Kids Enforcement (STAKE) Act, indicating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign, of a size clearly visible to customers, shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.
e. No smoking shall be permitted on the premises at any time. f. No self-service tobacco, tobacco product, or tobacco paraphernalia displays shall be permitted.
g. No distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as coupons for said items, shall be permitted.
h. It is unlawful for any person, firm or corporation to operate or maintain a vending machine for cigarettes or other tobacco products within the city, unless the cigarette vending machine or vending machine for other tobacco products is located in a business premises from which minor persons are excluded by law. Any person, firm or corporation violating the provisions of this chapter is guilty of an infraction, and upon conviction thereof shall be punished for the first offenses by a fine of not less than $25.00, nor more than $100.00, and for the second offense by a fine of not less than $50.00 nor more than $200.00.

3. Smoke shops that are legally existing on the effective date of the ordinance codified in this chapter may continue to operate as legal nonconforming uses in accordance with Chapter

17.04.032 of the Hughson Municipal Code and shall not be required to obtain a conditional use permit. However, any change or expansion of the legal nonconforming use may require compliance with this chapter and a conditional use permit, as more particularly set forth in Chapter 17.04.032.

4. The establishment of a sensitive use or a sensitive use within six hundred (600) feet of a smoke shop use after said uses commences legal operations shall render the smoke shop use a nonconforming use which may continue to operate at their existing location subject to Chapter

17.04.032 of the Hughson Municipal Code.

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Hughson City CouncilMay 28, 2024

Hughson City Council
May 28, 2024