CITY OF OAKDALE
CITY COUNCIL
REGULAR MEETING AGENDA
City Council Chambers
277 North Second Avenue
Oakdale, CA 95361
“Cowboy Capital of the World”
Tuesday, September 5, 2023 7:00 PM City Council Chambers Welcome to your City of Oakdale City Council Meeting
Mayor Cherilyn Bairos
Mayor Pro Tem Christopher Smith Council Member Bob Amaral Council Member Fred Smith Council Member Kayleigh Gilbert The meeting will be televised on Comcast Channel 7 and available for public viewing on Livestream at https://livestream.com/cityofoakdale.
1. Call to Order – 7:00 p.m.
2. City Council Members Present/Absent
3. Pledge of Allegiance
4. Invocation Provided by Jeff Cavanaugh of the Calvary Chapel Oakdale.
5. Presentations/Acknowledgements
5.1 Recognizing Kendra Jordan for being an Inspirational and Dedicated African American Woman, Entrepreneur, Business Owner and Pastor.
6. Additions/Deletions
7. Public Comments
Pursuant to Government Code section 54954.3, the City Council may adopt reasonable regulations to ensure that the business on the agenda can be conducted, therefore all members of the public will be given 3 minutes for their public comments. Individuals may not defer their time to another person. A maximum of 30 minutes will be allotted for general public comment. For agenda items, a maximum of 30 minutes will be allotted for public comment on each specific agenda item. California law prohibits the City Council from taking action on any matter that is not on the posted agenda unless it is determined to be an emergency by the Council. All items will be referred to staff for follow-up and/or placed on a future agenda.
8. Appointment to Boards, Commissions, Committees
9. City Council Consent Agenda
The consent agenda is comprised of Items 9.1 through 9.4 Unless there is discussion by a member of the audience/Council they may be approved in one motion.
9.1 Approve the Regular City Council Meeting Minutes of August 21, 2023.
9.2 Receive and file the Warrant List for the period August 15, 2023 through August 30, 2023.
9.3 Waive all readings of Ordinances and Resolutions, except by Title.
9.4 Consider a Resolution Authorizing Adoption of the City of Oakdale Environmentally Preferable Purchasing Procurement Policy.
CITY OF OAKDALE
CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, September 5, 2023
Next City Council Resolution: 2023-090 Next Ordinance: 1285
10. Public Hearings
11. Staff Reports
11.1 Consider a Resolution Authorizing Staff to Purchase a 2023 Ford Mach-E from Haidlen Ford for $51,833.33 and Outfit the Vehicle with Emergency Vehicle Equipment Installed by Jay’s Tires in the Amount of $22,865.85 for a Total of $74,699.18 using Funds from the Vehicle Replacement Fund 530 to Replace Vehicle 37, which was Totaled in a Vehicle Collision.
Recommended Action: Adopt a Resolution Authorizing Staff to Purchase a 2023 Ford Mach-E from Haidlen Ford for $51,833.33 and Outfit the Vehicle with Emergency Vehicle Equipment Installed by Jay’s Fires in the Amount of $22,865.85 for a Total of $74,699.18 Using Funds from the Vehicle Replacement Fund 530 to Replace Vehicle 37, which was Totaled in a Vehicle Collision.
11.2 Consider a Resolution Authorizing the City Manager to Execute an Agreement with Rolfe Construction Inc. for an Emergency Repair of a Road Section Failure on Hudson Avenue and Greger Street in the Amount of $72,453.00 and a 10% Contingency of $7,245.30 Funded by Sewer Capital Replacement Fund 621 CP2320 for a Total Project of $79,698.30.
Recommended Action: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Rolfe Construction Inc. for an Emergency Repair of a Road Section Failure on Hudson Avenue and Greger Street in the Amount of $72,453.00 and a 10% Contingency of $7,245.30 Funded by Sewer Capital Replacement Fund 621 CP2320 for a Total Project of $79,698.30.
11.3 Consider a Resolution Authorizing the City Manager to Execute an Agreement with Applegate Drilling for Time Sensitive Stormwater Facility Work in Wood Basin Located at the North West Corner of Wood and H Street in the Amount of $41,411.74 Funded by Storm Drain Capital Facilities Fund 349.
Recommended Action: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Applegate Drilling for Time Sensitive Stormwater Facility Work in Wood Basin Located at the North West Corner of Wood and H Street in the Amount of $41,411.74 Funded by Storm Drain Capital Facilities Fund 349.
11.4 Proposed Changes to Massage Ordinance for Enhancing Police Department’s Ability to Regulate Massage Establishments to Combat Human Trafficking.
Recommended Action: No action required. Review the Proposed Amendments to Chapter 19, Article VIII of the Oakdale Municipal Code related to Oakdale Massage Establishment Regulations to Combat Human Trafficking and Direct Staff to Schedule a Public Hearing for the Introduction of an Ordinance on September 18, 2023.
11.5 Consider a Resolution Accepting Grant Funding from the State of California Office of Traffic and Safety (OTS) for the Selective Traffic Enforcement Program (STEP) in the Amount of $75,000.
CITY OF OAKDALE
CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, September 5, 2023
Next City Council Resolution: 2023-090 Next Ordinance: 1285 Recommended Action: Adopt a Resolution Accepting Grant Funding from the State of California Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) in the Amount of $75,000.
12. City Manager’s Report
13. City Council Items
14. Adjournment
The next Regular meeting of the Oakdale City Council will be held Monday, September 18, 2023 at 7:00 p.m. in the City Council Chambers.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Hall, 209-845-3571. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28CFR 35.102-35.104 ADA Title II).
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s office at City Hall located at 280 North Third Avenue, Oakdale, California.
DECLARATION OF POSTING
I, Colleen Andersen, Council Services and Legislative Records Manager/Deputy City Clerk for the City of Oakdale, certify that I caused to be posted a copy of the City of Oakdale City Council Agenda for the Regular Meeting of Tuesday, September 5, 2023 at the City Council Chambers, 277 North Second Avenue, Oakdale, CA, 95361 on August 31, 2023.
Dated: August 31, 2023 /s/ Colleen Andersen
Colleen Andersen, Deputy City Clerk
Council Services and Legislative Records Manager
AGENDA ITEM 5.1
Recognizing Kendra Jordan for being an Inspirational and Dedicated African American Woman, Entrepreneur, Business Owner and Pastor
CITY OF OAKDALECITY COUNCIL
REGULAR MEETING MINUTES
City Council Chambers
277 North Second Avenue
Oakdale, CA 95361
“Cowboy Capital of the World”
Monday, August 21, 2023 7:00 PM City Council Chambers
1. CALL TO ORDER:
Mayor Bairos called the meeting to order at 7:02 p.m.
2. COUNCIL MEMBERS PRESENT/ABSENT:
Present: Mayor Cherilyn Bairos
Mayor Pro Tem Christopher Smith
Council Member Bob Amaral
Council Member Fred Smith
Council Member Kayleigh Gilbert
Staff Present: City Manager Bryan Whitemyer
` City Attorney Tom Hallinan
Finance Director Albert Avila
Public Services Director Jeff Gravel
Chief of Police Jerry Ramar
Fire Deputy Chief Tony Miranda
Council Services Manager/Deputy City Clerk Colleen Andersen
3. Pledge of Allegiance
Mayor Bairos led the pledge of allegiance.
4. Invocation
Pastor Mike Brandow with the River Christian Community offered the invocation.
5. Presentations/Acknowledgements
6. Additions/Deletions
Mayor Bairos asked if there were any changes to the agenda. There were none.
7. Public Comments
Mayor Bairos opened Public Comment. The following spoke during Public Comment:
Gary Jones, Oakdale Community Garden.
There being no further public comment, Mayor Bairos closed the Public Comment period.
8. Appointment to Boards, Commissions, Committees
9. City Council Consent Agenda
The consent agenda is comprised of Items 9.1 through 9.5. Unless there is discussion by a member of the audience/Council they may be approved in one motion.
9.1 Approve the Regular City Council Meeting Minutes of August 7, 2023.
9.2 Receive and file the Warrant List for the period July 31, 2023 through August 14, 2023.
AGENDA ITEM 9.1
CITY OF OAKDALE
CITY COUNCIL REGULAR MEETING MINUTES
Monday, August 21, 2023
Next City Council Resolution: 2023-089 Next Ordinance: 1285
9.3 Waive all readings of Ordinances and Resolutions, except by Title.
9.4 By Minute Order, Approve the July Treasurers Report.
9.5 By Minute Order, Reject Claim for Damages by Taylor Gonzales.
MOTION
To approve the City of Oakdale City Council August 21, 2023, Consent Agenda.
Moved by Mayor Pro Tem Smith, and seconded by Council Member Smith and PASSED AND ADOPTED this 21st day of August 2023, by the following vote:
AYES: COUNCIL MEMBERS: F. Smith, C. Smith, Gilbert, Amaral, Bairos (5) NOES: COUNCIL MEMBERS: None (0)
ABSENT: COUNCIL MEMBERS: None (0)
ABSTAINED: COUNCIL MEMBERS:None (0)
Motion carried 5/0 by City Council roll call vote.
10. Public Hearings
11. Staff Reports
11.1 Consider by Minute Order Ratifying a Response to the Findings and Recommendations from the 2022-2023 Stanislaus County Civil Grand Jury Report – Case Number 23-10C – City of Oakdale Police Department Patrol Officers Out of Compliance with Mandated Training.
Chief of Police Ramar provided a PowerPoint Presentation.
Staff responded to questions from the City Council.
Mayor Bairos opened the item for public comment. With no public comment, Mayor Bairos brought the item back to the City Council for further discussion.
MOTION
By Minute Order, Approving the City’s response to the Stanislaus County Civil Grand Jury regarding Case#23-10C.
Moved by Mayor Pro Tem Smith, and seconded by Council Member Gilbert and PASSED AND ADOPTED this 21st day of August 2023, by the following vote:
AYES: COUNCIL MEMBERS: C. Smith, Gilbert, Amaral, Bairos (4) NOES: COUNCIL MEMBERS: None (0)
ABSENT: COUNCIL MEMBERS: None (0)
ABSTAINED: COUNCIL MEMBERS: F. Smith (1)
Motion carried 4/0 by City Council roll call vote with Council Member Smith abstaining.
CITY OF OAKDALE
CITY COUNCIL REGULAR MEETING MINUTES
Monday, August 21, 2023
Next City Council Resolution: 2023-089 Next Ordinance: 1285
11.2 Consider a Resolution Authorizing the City Manager to Execute a Contract with Redstone Construction, Inc. in the Amount of $1,117,000.00 for CP 2214, Cloverland Way (between A Street to C Street) Utility and Surface Improvements Project, with a 5% Contingency in the Amount of $55,850 and 5% Construction Engineering in the Amount of $55,850 to be funded by Measure L Fund 222 in the Amount of $737,220.00, Sewer Capital Replacement Fund 621 in the Amount of $245,740.00 and Water Capital Replacement Fund 644 in the Amount of $245,740.00 for a Total Project Budget of $1,228,700.00.
Public Works Superintendent Roberts provided a PowerPoint Presentation.
Staff responded to questions from the City Council.
Mayor Bairos opened the item for public comment. With no public comment, Mayor Bairos brought the item back to the City Council and asked for a motion to be made on this item.
MOTION
Adopt City of Oakdale City Council Resolution 2023-089, authorizing the City Manager to execute a contract with Redstone Construction, Inc. in the amount of $1,117,000.00 for CP 2214, Cloverland Way (between A Street to C Street) Utility and Surface Improvements Project, with a 5% Contingency in the amount of $55,850 and 5% Construction Engineering in the amount of $55,850 to be funded by Measure L Fund 222 in the amount of $737,220.00, Sewer Capital Replacement Fund 621 in the amount of $245,740.00 and Water Capital Replacement Fund 644 in the amount of $245,740.00 for a Total Project Budget of $1,228,700.00.
Moved by Mayor Pro Tem Smith, and seconded by Council Member and PASSED AND ADOPTED this 21st day of August 2023, by the following vote:
AYES: COUNCIL MEMBERS: C. Smith, F. Smith, Gilbert, Amaral, Bairos (5) NOES: COUNCIL MEMBERS: None (0)
ABSENT: COUNCIL MEMBERS: None (0)
ABSTAINED: COUNCIL MEMBERS:None (0)
Motion carried 5/0 by City Council roll call vote.
12. City Manager’s Report
12.1 August Department Reports
City Manager Whitemyer stated Department Reports are in tonight’s Agenda Packet for the Council’s review. City Manager Whitemyer also provided an update on a few projects.
13. City Council Items
Mayor Bairos announced the following:
• Oakdale Enrichment Society Community Clothes Project, August 26th
15. Adjournment
CITY OF OAKDALE
CITY COUNCIL REGULAR MEETING MINUTES
Monday, August 21, 2023
Next City Council Resolution: 2023-089 Next Ordinance: 1285 The next Regular meeting of the Oakdale City Council will be held September 5, 2023 at 7:00 p.m. in the Council Chambers. There being no further business, Mayor Bairos adjourned the meeting at 7:46 p.m.
ATTEST: APPROVED:
Colleen Andersen, Deputy City Clerk Cherilyn Bairos, Mayor Amount
Vendor 1070 ‐ AT&T Total: 31.43
Vendor 01549 ‐ AMERICAN TILE CLEANING & HARD SURFACE RESTORATION Total: 1863 Vendor: 1070 ‐ AT&T08/07/2023 AUG 2023 2 AT&T 153504 645‐4160‐420003 238841‐10807716 31.43 Vendor 1469 ‐ ALPHA ANALYTICAL LABORATORIES INC. Total: 82 Vendor: 01550 ‐ AMERICAN MEDICAL RESPONSE04/04/2023 MFD LP15 AMERICAN MEDICAL RESPONS153500 239‐1910‐442001 LIFE PAKS FOR FIRE ENGINE 52164.68 Vendor 01550 ‐ AMERICAN MEDICAL RESPONSE Total: 52164.68 Vendor: 01549 ‐ AMERICAN TILE CLEANING & HARD SURFACE RESTORATION08/08/2023 2682 AMERICAN TILE CLEANING & H153501 117‐7460‐425003 COMMUNITY CENTER 1863 Vendor 01197 ‐ ALLPRO PEST SERVICES Total: 245
Vendor: 1469 ‐ ALPHA ANALYTICAL LABORATORIES INC.07/28/2023 3075624‐SFL ALPHA ANALYTICAL LABORATO153499 622‐4151‐425003 WEEKLY TESTING 41 08/11/2023 3084267‐SFL ALPHA ANALYTICAL LABORATO153499 622‐4151‐425003 WEEKLY TESTING 4108/21/2023 30380 ALLPRO PEST SERVICES 153498 117‐7440‐425003 ALLPRO‐ SENIOR CENTER 45 08/21/2023 30384 ALLPRO PEST SERVICES 153498 110‐7413‐425003 ALLPRO ‐ SKATE PARK 75 08/21/2023 30387 ALLPRO PEST SERVICES 153498 118‐7390‐425003 ALLPRO ‐ TL DAVIS 75 07/28/2023 319030 ALARMCO OF MODESTO 153497 110‐7210‐425003 Alarmco ‐Parks Monthly Monit 36 Vendor 558 ‐ ALARMCO OF MODESTO Total: 72
Vendor: 01197 ‐ ALLPRO PEST SERVICES08/21/2023 30364 ALLPRO PEST SERVICES 153498 117‐7460‐425003 ALLPRO = COMMUNITY CENTE 5008/16/2023 OAKDALE CHAMBER OF COMMOAKDALE CHAMBER OF COMM153493 117‐222‐0700 SECURITY GUARD REFUND 210 Vendor 9999999 ‐ * Total: 443
Vendor: 558 ‐ ALARMCO OF MODESTO06/28/2023 317728 ALARMCO OF MODESTO 153497 110‐7210‐425003 ALARMCO OF MODESTO ‐ PAR 36 Vendor 5555555 ‐ * Total: 1693.39
Vendor: 9999999 ‐ *02/23/2023 LOUMR PROPERTIES LOUMR PROPERTIES 153588 110‐202‐0100 BL OVERPAYMENT 7908/14/2023 KELLY, ALEXANDRIA KELLY, ALEXANDRIA 153495 110‐202‐0100 BL REFUND 154 08/28/2023 DEMASS, TAYLOR 12/9/22 DEMASS, TAYLOR 153586 110‐2120‐410000 EXPIRED UNCASHED PAYROLL 159.4208/28/2023 SIMONCINI, PETER 6/10/22 SIMONCINI, PETER 153585 565‐7215‐410000 EXPIRED UNCASHED PAYROLL 247.0608/28/2023 SMITH, SALINA 11/14/22 SMITH, SALINA 153587 110‐2160‐410000 UNCASHED 2022 PAYROLL CH 508.9 08/01/2023 POUNCEY, LUCAS POUNCEY, LUCAS 153494 622‐4151‐416002 GRADE 1 CERT EXAM REIMBUR 122.76 08/15/2023 FINKENBINE, JANE 8/15/23 FINKENBINE, JANE 153496 744‐7340‐427004 PURCHASE REIMBURSEMENT 68 08/18/2023 JERICOFF, MICHAEL 8/21‐9/1 JERICOFF, MICHAEL 153488 110‐2110‐416003 10 DAYS PER DIEM TRAINING 500 WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item)Vendor: 5555555 ‐ *08/01/2023 DAVIS, BRIAN DAVIS, BRIAN 153492 622‐4151‐416002 WWTP CERT APPLICATION REI 87.25 1 of 18
AGENDA ITEM 9.2
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 09/01/2023 INV01655 CALIFORNIA STATE DISBURSEM153591 110‐219‐1900 GARNISHMENT CHILD SUPPOR 1907.87 Vendor 1361 ‐ CALIFORNIA STATE DISBURSEMENT UNIT Total: 3815.74 Vendor 01548 ‐ BONE‐A‐FIDE DOG TRAINING Total: 784
Vendor: 1361 ‐ CALIFORNIA STATE DISBURSEMENT UNIT08/18/2023 INV01646 CALIFORNIA STATE DISBURSEM153485 110‐219‐1900 GARNISHMENT CHILD SUPPOR 1907.87 08/11/2023 1598319 BADGER METER 153506 645‐4160‐427006 MOBILE DATA SYSTEM 4372.64 Vendor 686 ‐ BADGER METER Total: 11214.43
Vendor: 01548 ‐ BONE‐A‐FIDE DOG TRAINING08/09/2023 AUGUST 2023 BONE‐A‐FIDE DOG TRAINING 153507 118‐7320‐425003 INSTRUCTOR PAYMENT 78405/30/2023 80129082 BADGER METER 153506 645‐4160‐427006 CELLULAR SERVICES 7507/12/2023 1591347 BADGER METER 153506 644‐4169‐442001 BEACON ENGAGEMENT MMS 407507/29/2023 80134446 BADGER METER 153506 645‐4160‐427006 CELLULAR SERVICE 134.64 Vendor 01384 ‐ AUTOZONE Total: 26
Vendor: 686 ‐ BADGER METER05/11/2023 1578617 BADGER METER 153506 645‐4160‐427006 METER SUPPLIES 1282.7405/12/2023 1578937 BADGER METER 153506 645‐4160‐427006 METER SUPPLIES 1274.4108/10/2023 AUG. 2023 AT&T 153502 645‐4160‐420003 9391053398 33.92 Vendor 942 ‐ AT&T Total: 1127.56
Vendor: 01384 ‐ AUTOZONE08/04/2023 5700676148 AUTOZONE 153505 110‐4142‐427006 WELL GENERATOR MAINTENA 26 08/10/2023 AUG. 2023 AT&T 153502 622‐4152‐420003 9391053398 33.9108/10/2023 AUG. 2023 AT&T 153502 622‐4152‐420003 9391053400 67.9708/10/2023 AUG. 2023 AT&T 153502 645‐4160‐420003 9391053238 47.9708/10/2023 AUG. 2023 AT&T 153502 117‐7460‐420003 9391053292 24.5408/10/2023 AUG. 2023 AT&T 153502 118‐7330‐420003 9391053396 17.0708/10/2023 AUG. 2023 AT&T 153502 118‐7340‐420003 9391053285 24.5408/10/2023 AUG. 2023 AT&T 153502 110‐2110‐420003 9391059080 24.5408/10/2023 AUG. 2023 AT&T 153502 110‐2110‐420003 9391053294 75.908/10/2023 AUG. 2023 AT&T 153502 110‐2110‐420003 9391053231 83.0108/10/2023 AUG. 2023 AT&T 153502 110‐2110‐420003 9391053230 83.0108/10/2023 AUG. 2023 AT&T 153502 110‐2110‐420003 9391053225 237.8108/10/2023 AUG. 2023 AT&T 153502 110‐2110‐420003 9391053390 198.27 Vendor 350 ‐ AT&T Total: 2429.58
Vendor: 942 ‐ AT&T08/10/2023 AUG. 2023 AT&T 153502 110‐1910‐420003 9391055865 139.5208/10/2023 AUG. 2023 AT&T 153502 110‐1910‐420003 9391053394 35.5808/11/2023 831‐000‐9588 213 081123 AT&T 153589 622‐4152‐420003 831‐000‐9588 213 493.6708/11/2023 831‐000‐9588 213 081123 AT&T 153589 645‐4160‐420003 831‐000‐9588 213 493.6808/11/2023 AUG. 2023 AT&T 153503 110‐2110‐420003 831‐000‐9659 421 448.36Vendor: 350 ‐ AT&T07/11/2023 831‐000‐9588 213 AT&T 153589 622‐4152‐420003 831‐000‐9588 213 496.9307/11/2023 831‐000‐9588 213 AT&T 153589 645‐4160‐420003 831‐000‐9588 213 496.94 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 08/08/2023 33844267 CLARK PEST CONTROL 153514 286‐6230‐425003 CLARK ‐ VINEYARD PARKS (W J 71 08/08/2023 33844466 CLARK PEST CONTROL 153514 622‐4151‐425003 CLARK PEST CONTROL WWTP 373Vendor: 50 ‐ CLARK PEST CONTROL07/11/2023 33669515 CLARK PEST CONTROL 153514 622‐4151‐425003 CLARK PEST CONTROL WWTP 37307/31/2023 33669183 CLARK PEST CONTROL 153514 286‐6230‐425003 CLARK ‐ HWY 108 / TIOGA AVE 303 07/25/2023 33669516 CLARK PEST CONTROL 153514 622‐4151‐425003 CLARK PEST CONTROL WWTP 37308/15/2023 54016 CITY SIGNS 153513 110‐2140‐427010 Aluminum Signs ‐ Range 396.85 Vendor 01488 ‐ CITY SIGNS Total: 859.61
08/18/2023 INV01645 CITY OF OAKDALE FSA ACCOU 10606 512‐1910‐374120 CITY OF OAKDALE FSA ACCOU 774.07 Vendor 1507 ‐ CITY OF OAKDALE FSA ACCOUNT Total: 866.38 Vendor: 01488 ‐ CITY SIGNS08/15/2023 53894 CITY SIGNS 153513 110‐2140‐427010 Aluminum Signs ‐ Range 462.76 Vendor 48 ‐ CITY OF MODESTO Total: 296292.46
Vendor: 346 ‐ CITY OF OAKDALE CITYHALL ASSN08/18/2023 INV01640 CITY OF OAKDALE CITYHALL AS10605 110‐219‐0800 CITY OF OAKDALE CITYHALL AS 44 Vendor 346 ‐ CITY OF OAKDALE CITYHALL ASSN Total: 44
Vendor: 1507 ‐ CITY OF OAKDALE FSA ACCOUNT
08/18/2023 INV01644 CITY OF OAKDALE FSA ACCOU 10606 512‐1910‐374120 CITY OF OAKDALE FSA ACCOU 92.3108/10/2023 SFST 23‐004 CITY OF MODESTO ‐ POLICE DE153512 110‐2110‐416003 SFST Training Registration Fee 125 Vendor 01538 ‐ CITY OF MODESTO ‐ POLICE DEPT Total: 125 Vendor: 48 ‐ CITY OF MODESTO08/01/2023 139687 CITY OF MODESTO 153511 110‐2210‐425030 Fire Contract 296292.4608/21/2023 4165290794 CINTAS CORPORATION 153510 110‐7210‐425016 Parks ‐ Landscape Weekly Unif 14.43 08/21/2023 4165290794 CINTAS CORPORATION 153510 565‐7215‐425016 Parks ‐ Landscape Weekly Unif 174.93 Vendor 1577 ‐ CINTAS CORPORATION Total: 1578.55
Vendor: 01538 ‐ CITY OF MODESTO ‐ POLICE DEPT08/21/2023 4165290727 CINTAS CORPORATION 153510 110‐4140‐425016 Water ‐ Sewer ‐ Streets weekly 58.5 08/21/2023 4165290727 CINTAS CORPORATION 153510 622‐4152‐425016 Water ‐ Sewer ‐ Streets weekly 182.8 08/21/2023 4165290727 CINTAS CORPORATION 153510 645‐4160‐425016 Water ‐ Sewer ‐ Streets weekly 219.36 08/14/2023 4164515732 CINTAS CORPORATION 153510 622‐4152‐425016 Water ‐ Sewer ‐ Streets weekly 180.8208/14/2023 4164515732 CINTAS CORPORATION 153510 645‐4160‐425016 Water ‐ Sewer ‐ Streets weekly 216.9808/21/2023 4165290648 CINTAS CORPORATION 153510 622‐4151‐425016 LAUNDRY SERVICE 133.2508/14/2023 4164515588 CINTAS CORPORATION 153510 110‐7210‐425016 Parks ‐ Landscape Weekly Unif 12.3 08/14/2023 4164515588 CINTAS CORPORATION 153510 565‐7215‐425016 Parks ‐ Landscape Weekly Unif 149.11 08/14/2023 4164515732 CINTAS CORPORATION 153510 110‐4140‐425016 Water ‐ Sewer ‐ Streets weekly 57.86 Vendor 01061 ‐ CEP AMERICA CALIFORNIA Total: 792
Vendor: 01284 ‐ CINDY'S RESTAURANT08/08/2023 8/8/23 CINDY'S RESTAURANT 153509 744‐7340‐427004 SENIOR BREAKFAST 909.3 Vendor 01284 ‐ CINDY'S RESTAURANT Total: 909.3
Vendor: 1577 ‐ CINTAS CORPORATION08/14/2023 4164515247 CINTAS CORPORATION 153510 622‐4151‐425016 LAUNDRY SERVICE 178.21Vendor: 01061 ‐ CEP AMERICA CALIFORNIA08/15/2023 E6600094428301 CEP AMERICA CALIFORNIA 153508 110‐2130‐427028 SART OP23‐1466 792 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 08/10/2023 4492 ESCALON SMALL ANIMAL CLIN153521 110‐2161‐425003 Veterinary Services 110 08/10/2023 4492 ESCALON SMALL ANIMAL CLIN153521 110‐2162‐425003 Veterinary Services 5508/10/2023 3996 ESCALON SMALL ANIMAL CLIN153521 110‐2162‐425003 Veterinary Services 14.708/10/2023 3996 ESCALON SMALL ANIMAL CLIN153521 742‐2160‐425003 Veterinary Services 89508/10/2023 4492 ESCALON SMALL ANIMAL CLIN153521 110‐2160‐425003 Veterinary Services 110Vendor: 01536 ‐ ESCALON SMALL ANIMAL CLINIC INC.08/10/2023 3996 ESCALON SMALL ANIMAL CLIN153521 110‐2160‐425003 Veterinary Services 29.408/10/2023 3996 ESCALON SMALL ANIMAL CLIN153521 110‐2161‐425003 Veterinary Services 29.4 Vendor 718 ‐ DEPARTMENT OF JUSTICE Total: 530
Vendor: 334 ‐ DEPARTMENT OF TRANSPORATION07/14/2023 SL2301012 DEPARTMENT OF TRANSPORA153520 110‐4142‐425003 SIGNALS & LIGHTING ‐ APRIL ‐ 5054.16 Vendor 334 ‐ DEPARTMENT OF TRANSPORATION Total: 5054.16 08/17/2023 23MK072401 DAILEY‐WELLS COMMUNICAT 153518 110‐2110‐424004 Radio Equipment 657.57 Vendor 01013 ‐ DAILEY‐WELLS COMMUNICATIONS INC. Total: 657.57 Vendor: 718 ‐ DEPARTMENT OF JUSTICE08/10/2023 674071 DEPARTMENT OF JUSTICE 153519 110‐2110‐425003 Livescan ‐ July 2023 53008/15/2023 390844 CRESCENT SUPPLY CO 153517 110‐2110‐425006 Police Academy Uniform Expe 215.5308/15/2023 390852 CRESCENT SUPPLY CO 153517 110‐2110‐425006 Police Academy Uniform Expe 27.2 Vendor 59 ‐ CRESCENT SUPPLY CO Total: 968.15
Vendor: 01013 ‐ DAILEY‐WELLS COMMUNICATIONS INC.08/10/2023 T370822 CORE & MAIN LP 153516 645‐4160‐427006 PIPE 1767.14 Vendor 01387 ‐ CORE & MAIN LP Total: 1767.14
Vendor: 59 ‐ CRESCENT SUPPLY CO08/15/2023 068950 CRESCENT SUPPLY CO 153517 110‐2110‐425006 Police Academy Uniform Expe 725.4208/18/2023 INV01643 COLONIAL PROCESSING CENTE153486 110‐219‐1700 COLONIAL LIFE 27.41 09/01/2023 INV01652 COLONIAL PROCESSING CENTE153592 110‐219‐1700 COLONIAL LIFE 27.41 Vendor 1059 ‐ COLONIAL PROCESSING CENTER Total: 82.23
Vendor: 01387 ‐ CORE & MAIN LP08/15/2023 3678 COLE PRO MEDIA LLC 153515 110‐2110‐425003 Transparency Engagement Adv 2000 Vendor 01240 ‐ COLE PRO MEDIA LLC Total: 4000
Vendor: 1059 ‐ COLONIAL PROCESSING CENTER02/03/2023 INV01483 COLONIAL PROCESSING CENTE153590 110‐219‐1700 COLONIAL LIFE 27.41 08/16/2023 33844254 CLARK PEST CONTROL 153514 110‐2210‐425010 CLARK FIRE WEED CONTROL 985 Vendor 50 ‐ CLARK PEST CONTROL Total: 3878
Vendor: 01240 ‐ COLE PRO MEDIA LLC07/13/2023 3628 COLE PRO MEDIA LLC 153515 110‐2110‐425003 Transparency Engagement Adv 2000 08/15/2023 33844361 CLARK PEST CONTROL 153514 110‐2160‐425003 ANIMAL SERVICES 35.608/15/2023 33844361 CLARK PEST CONTROL 153514 110‐2161‐425003 ANIMAL SERVICES 35.608/15/2023 33844361 CLARK PEST CONTROL 153514 110‐2162‐425003 ANIMAL SERVICES 17.808/12/2023 33844252 CLARK PEST CONTROL 153514 645‐4160‐425003 CLARK ‐ WATER WELL SITES 5 36208/12/2023 33844252 CLARK PEST CONTROL 153514 645‐4160‐425003 CLARK ‐ WATER WELL SITES 5 108/12/2023 33844255 CLARK PEST CONTROL 153514 110‐4140‐427009 CLARK ‐ STREETS ‐ ALLEY WAY 52508/11/2023 33844249 CLARK PEST CONTROL 153514 657‐4170‐427009 CLARK ‐ OAKDALE AIRPORT W 423 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) Vendor: 01059 ‐ GOWANS PRINTING COMPANY07/31/2023 85825 GOWANS PRINTING COMPANY153526 622‐4151‐427006 BUSINESS CARDS 125.21 Vendor 01059 ‐ GOWANS PRINTING COMPANY Total: 125.21
Vendor: 96 ‐ GILTON SOLID WASTE MANAGEMENT INC.08/04/2023 723280 GILTON SOLID WASTE MANAG153525 622‐4151‐425003 SLUDGE HAULING 5616.808/04/2023 723281 GILTON SOLID WASTE MANAG153525 622‐4151‐425003 SLUDGE HAULING 1243.38 Vendor 96 ‐ GILTON SOLID WASTE MANAGEMENT INC. Total: 6860.18 08/03/2023 100306758 GEORGE REED INC. 153524 110‐4140‐427006 HOT MIX 152.77 Vendor 95 ‐ GEORGE REED INC. Total: 731.18
Vendor 403 ‐ FASTENAL Total: 16.32
Vendor: 95 ‐ GEORGE REED INC.07/25/2023 100305854 GEORGE REED INC. 153524 110‐4140‐427006 HOT MIX 462.0808/02/2023 100306633 GEORGE REED INC. 153524 110‐4140‐427006 HOT MIX 116.3308/10/2023 106806 FAR WEST LABORATORIES 153522 645‐4160‐425003 FAR WEST WATER ROUTINE SA 2050 Vendor 85 ‐ FAR WEST LABORATORIES Total: 2935
Vendor: 403 ‐ FASTENAL08/03/2023 CAOAD137920 FASTENAL 153523 110‐4142‐427006 WELL PARTS 16.32 Vendor 01536 ‐ ESCALON SMALL ANIMAL CLINIC INC. Total: 3200.5 Vendor: 85 ‐ FAR WEST LABORATORIES03/19/2023 105449 FAR WEST LABORATORIES 153522 657‐4170‐425003 6574170425003 11306/30/2023 105834 FAR WEST LABORATORIES 153522 622‐4151‐425003 SAMPLE TEST 77208/17/2023 4993 ESCALON SMALL ANIMAL CLIN153521 110‐2161‐425003 Veterinary Services 22.4 08/17/2023 4993 ESCALON SMALL ANIMAL CLIN153521 110‐2162‐425003 Veterinary Services 11.1908/17/2023 4993 ESCALON SMALL ANIMAL CLIN153521 742‐2160‐425003 Veterinary Services 630.0108/15/2023 4854 ESCALON SMALL ANIMAL CLIN153521 110‐2162‐425003 Veterinary Services 6.0508/15/2023 4854 ESCALON SMALL ANIMAL CLIN153521 742‐2160‐425003 Veterinary Services 315.2508/17/2023 4993 ESCALON SMALL ANIMAL CLIN153521 110‐2160‐425003 Veterinary Services 22.408/15/2023 4641 ESCALON SMALL ANIMAL CLIN153521 742‐2160‐425003 Veterinary Services 423.6708/15/2023 4854 ESCALON SMALL ANIMAL CLIN153521 110‐2160‐425003 Veterinary Services 12.108/15/2023 4854 ESCALON SMALL ANIMAL CLIN153521 110‐2161‐425003 Veterinary Services 12.108/15/2023 4641 ESCALON SMALL ANIMAL CLIN153521 110‐2160‐425003 Veterinary Services 14.7308/15/2023 4641 ESCALON SMALL ANIMAL CLIN153521 110‐2161‐425003 Veterinary Services 14.7308/15/2023 4641 ESCALON SMALL ANIMAL CLIN153521 110‐2162‐425003 Veterinary Services 7.3708/15/2023 4493. ESCALON SMALL ANIMAL CLIN153521 110‐2161‐425003 Veterinary Services 124.608/15/2023 4493. ESCALON SMALL ANIMAL CLIN153521 110‐2162‐425003 Veterinary Services 62.308/15/2023 4493. ESCALON SMALL ANIMAL CLIN153521 742‐2160‐425003 Veterinary Services 113.508/10/2023 4493 ESCALON SMALL ANIMAL CLIN153521 110‐2161‐425003 Veterinary Services 1608/10/2023 4493 ESCALON SMALL ANIMAL CLIN153521 110‐2162‐425003 Veterinary Services 808/15/2023 4493. ESCALON SMALL ANIMAL CLIN153521 110‐2160‐425003 Veterinary Services 124.608/10/2023 4493 ESCALON SMALL ANIMAL CLIN153521 110‐2160‐425003 Veterinary Services 16 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 08/04/2023 11930 KUBWATER RESOURCES INC. 153533 622‐4151‐427006 POLYMER FOR DEWATERING 6411.4 Vendor 1230 ‐ KUBWATER RESOURCES INC. Total: 6411.4
07/31/2023 0000560212 KOEFRAN 153532 110‐2161‐425003 Animal Disposal Services FY23 175.607/31/2023 0000560212 KOEFRAN 153532 110‐2162‐425003 Animal Disposal Services FY23 87.8 Vendor 01236 ‐ KOEFRAN Total: 439
Vendor: 1230 ‐ KUBWATER RESOURCES INC.Vendor: 01236 ‐ KOEFRAN07/31/2023 0000560212 KOEFRAN 153532 110‐2160‐425003 Animal Disposal Services FY23 175.608/17/2023 49096 JUSTICE CLEARINGHOUSE LLC 153531 110‐2161‐416002 NACA Training ‐ S. Smith 168.808/17/2023 49096 JUSTICE CLEARINGHOUSE LLC 153531 110‐2162‐416002 NACA Training ‐ S. Smith 84.4 Vendor 01546 ‐ JUSTICE CLEARINGHOUSE LLC Total: 422
08/17/2023 6084448 JORGENSEN AND SONS INC. 153530 110‐7210‐425003 FIRE EXIT MAINTENANCE 86.7 Vendor 135 ‐ JORGENSEN AND SONS INC. Total: 3639.03
Vendor: 01546 ‐ JUSTICE CLEARINGHOUSE LLC08/17/2023 49096 JUSTICE CLEARINGHOUSE LLC 153531 110‐2160‐416002 NACA Training ‐ S. Smith 168.808/14/2023 6083883 JORGENSEN AND SONS INC. 153530 110‐7413‐425003 FIRE EXIT MAINTNENACE 78.708/14/2023 6083887 JORGENSEN AND SONS INC. 153530 622‐4151‐425003 FIRE EXIT MAINTENANCE 1308/17/2023 6084447 JORGENSEN AND SONS INC. 153530 110‐2110‐425003 FIRE EXT MAINTENANCE 559.1708/14/2023 6083877 JORGENSEN AND SONS INC. 153530 117‐7440‐425003 FIRE EXIT MAINTENANCE 2908/14/2023 6083879 JORGENSEN AND SONS INC. 153530 110‐7413‐425003 FIRE EXIT MAINTENANCE 2908/14/2023 6083881 JORGENSEN AND SONS INC. 153530 110‐7413‐425003 FIRE EXIT MAINTENANCE 2108/14/2023 6083873 JORGENSEN AND SONS INC. 153530 645‐4160‐425003 FIRE EXT MAINTENANCE 909.0908/14/2023 6083874 JORGENSEN AND SONS INC. 153530 110‐7413‐425003 FIRE EXIT MAINTENANCE 99.5208/14/2023 6083876 JORGENSEN AND SONS INC. 153530 117‐7460‐425003 FIRE EXIT MAINTENANCE 184.39 Vendor 1337 ‐ HTBS CREDIT Total: 240.38
Vendor: 135 ‐ JORGENSEN AND SONS INC.08/11/2023 6083600 JORGENSEN AND SONS INC. 153530 657‐4170‐425003 FIRE EXT. MAINTENANCE 720.3708/14/2023 6083873 JORGENSEN AND SONS INC. 153530 622‐4152‐425003 FIRE EXT MAINTENANCE 909.09 Vendor 1543 ‐ HARRIS & ASSOCIATES Total: 1250
Vendor: 1337 ‐ HTBS CREDIT08/17/2023 7613529342 HTBS CREDIT 153529 622‐4153‐427001 OFFICE SUPPLIES 120.1908/17/2023 7613529342 HTBS CREDIT 153529 645‐4161‐427001 OFFICE SUPPLIES 120.1908/21/2023 59076 HARRIS & ASSOCIATES 153528 790‐8270‐425003 CFD ADMIN 416.6708/21/2023 59076 HARRIS & ASSOCIATES 153528 791‐8270‐425003 CFD ADMIN 416.6708/21/2023 59076 HARRIS & ASSOCIATES 153528 792‐8270‐425003 CFD ADMIN 416.6607/06/2023 8004822 HAIDLEN FORD‐MERCURY 153527 622‐4152‐424003 VEHICLE SERVICES 27508/16/2023 5066456 HAIDLEN FORD‐MERCURY 153527 110‐2110‐424003 VEHICLE MAINTNENANCE 164.57 Vendor 111 ‐ HAIDLEN FORD‐MERCURY Total: 689.57
Vendor: 1543 ‐ HARRIS & ASSOCIATESVendor: 111 ‐ HAIDLEN FORD‐MERCURY07/03/2023 8004820 HAIDLEN FORD‐MERCURY 153527 622‐4152‐424003 VEHICLE SERVICES 250 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) Vendor 210 ‐ OAKDALE AUTO CARE & TIRE Total: 40
Vendor: 198 ‐ OAKDALE EMPLOYEES ASSOCIATION08/18/2023 INV01642 OAKDALE EMPLOYEES ASSOCI 10607 110‐219‐0800 OAKDALE EMPLOYEES ASSOCI 46 Vendor 198 ‐ OAKDALE EMPLOYEES ASSOCIATION Total: 46
08/11/2023 260486 NORTHSTAR CHEMICAL 153543 645‐4160‐427006 CHLORINE 1013.63 Vendor 01015 ‐ NORTHSTAR CHEMICAL Total: 2314.14
Vendor: 210 ‐ OAKDALE AUTO CARE & TIRE08/16/2023 5623 OAKDALE AUTO CARE & TIRE 153544 110‐2110‐424003 VEHICLE MAINTENANCE PART 40 08/16/2023 15890‐16925 NLPI CARQUEST OAKDALE 153542 110‐4140‐424003 VEHICLE MAINTENANCE PART 11.18 Vendor 01444 ‐ NLPI CARQUEST OAKDALE Total: 253.48
Vendor: 01015 ‐ NORTHSTAR CHEMICAL08/08/2023 259326 NORTHSTAR CHEMICAL 153543 645‐4160‐427006 CHLORINATION 1300.5108/15/2023 15890‐16875 NLPI CARQUEST OAKDALE 153542 110‐2110‐424003 VEHICLE MAINTENANCE PART 189.62 08/17/2023 23‐010 NICKERSON INVESTIGATIVE SE153541 110‐2110‐425006 BGI ‐ K. Mitchell (Dispather) 1445 Vendor 01023 ‐ NICKERSON INVESTIGATIVE SERVICES Total: 4762.94 Vendor: 01444 ‐ NLPI CARQUEST OAKDALE08/10/2023 15890‐16633 NLPI CARQUEST OAKDALE 153542 110‐7210‐424003 VEHICLE MAINTENANCE PART 52.68 Vendor 161 ‐ MID Total: 12606.2
Vendor: 01023 ‐ NICKERSON INVESTIGATIVE SERVICES08/10/2023 23‐008 NICKERSON INVESTIGATIVE SE153541 110‐2110‐425006 BGI ‐ B. Terry (PO) 1636.7 08/10/2023 23‐009 NICKERSON INVESTIGATIVE SE153541 110‐2110‐425006 BGI ‐ B. Varni (PO) 1681.2408/12/2023 202142839 Mid Valley IT 153540 525‐1910‐425003 MID VALLEY IT MONTHLY 17500 Vendor 01522 ‐ Mid Valley IT Total: 17800
Vendor: 161 ‐ MID08/02/2023 AUG 2023 MID 153539 622‐4151‐420001 6483221405 12606.2 Vendor 1365 ‐ MCCOY TRUCK TIRE SERVICE CENTER INC Total: 836.5 Vendor: 1504 ‐ METLIFE ‐ GROUP BENEFITS08/14/2023 KM05931316 0001 8/14/23 METLIFE ‐ GROUP BENEFITS 153538 110‐219‐1104 VISION INSURANCE BENEFITS 903.07 Vendor 1504 ‐ METLIFE ‐ GROUP BENEFITS Total: 903.07
Vendor: 01522 ‐ Mid Valley IT08/12/2023 202142839 Mid Valley IT 153540 270‐1910‐425003 council meeting recording 300 Vendor 01124 ‐ LONE STAR BLOWER Total: 39924.34
Vendor: 1365 ‐ MCCOY TRUCK TIRE SERVICE CENTER INC08/12/2023 10144601 MCCOY TRUCK TIRE SERVICE C153537 645‐4160‐424003 VEHICLE MAINTENANCE PART 547.38 08/16/2023 10144990 MCCOY TRUCK TIRE SERVICE C153537 110‐2110‐424003 VEHICLE MAINTENANCE PART 289.12 Vendor 01470 ‐ LAW ENFORCEMENT PSYCHOLOGICAL SERVICES, INC. Total: 1350 Vendor: 01148 ‐ LONE OAK TREE SERVICE08/14/2023 2001 LONE OAK TREE SERVICE 153535 110‐7210‐425003 TREE SERVICES 17155 Vendor 01148 ‐ LONE OAK TREE SERVICE Total: 17155
Vendor: 01124 ‐ LONE STAR BLOWER07/13/2023 PS‐INV107671 LONE STAR BLOWER 153536 621‐4151‐441005 US MOTOR 250HP 39924.34Vendor: 01470 ‐ LAW ENFORCEMENT PSYCHOLOGICAL SERVICES, INC.08/10/2023 2700 LAW ENFORCEMENT PSYCHOL153534 110‐2110‐425006 Pre‐Employment Screening (x3 1350 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 08/16/2023 2721‐452087 O'REILLY AUTOMOTIVE STORE153549 110‐4140‐424003 VEHICLE MAINTENANCE PART 128.77 08/16/2023 2721‐452139 O'REILLY AUTOMOTIVE STORE153549 110‐4140‐424003 VEHICLE MAINTENANCE PART 35.08 Vendor 62 ‐ O'REILLY AUTOMOTIVE STORES INC. Total: 1307.26 08/14/2023 2721‐451694 O'REILLY AUTOMOTIVE STORE153549 110‐2110‐424003 VEHICLE MAINTENANCE PART 76.5808/15/2023 2721‐451899 O'REILLY AUTOMOTIVE STORE153549 120‐3120‐424003 VEHICLE MAINTENANCE PART 85.1208/15/2023 2721‐451956 O'REILLY AUTOMOTIVE STORE153549 645‐4160‐424003 VEHICLE MAINTENANCE PART 97.0108/14/2023 2721‐451608 O'REILLY AUTOMOTIVE STORE153549 110‐2110‐424003 VEHICLE MAINTENANCE PART 82.3 08/14/2023 2721‐451633 O'REILLY AUTOMOTIVE STORE153549 110‐2110‐424003 VEHICLE MAINTENANCE PART 8.5808/14/2023 2721‐451653 O'REILLY AUTOMOTIVE STORE153549 110‐2110‐424003 VEHICLE MAINTENANCE PART 234.13 08/09/2023 2721‐450302 O'REILLY AUTOMOTIVE STORE153549 110‐2110‐424003 VEHICLE MAINTENANCE PART 466.7708/09/2023 2721‐450392 O'REILLY AUTOMOTIVE STORE153549 110‐2110‐424003 VEHICLE MAINTENANCE PART 64.79 08/10/2023 2721‐450510 O'REILLY AUTOMOTIVE STORE153549 110‐7210‐424003 VEHICLE MAINTENANCE PART 10.27Vendor: 62 ‐ O'REILLY AUTOMOTIVE STORES INC.08/04/2023 2721‐448988 O'REILLY AUTOMOTIVE STORE153549 110‐4120‐427006 VEHICLE MAINTENANCE PART 17.8609/01/2023 INV01657 OPERATING ENGINEERS LOCA 153593 110‐219‐0800 UNION DUES ‐ OAKDALE POLIC 816 09/01/2023 INV01658 OPERATING ENGINEERS LOCA 153593 110‐219‐0800 UNION DUES ‐ OAKDALE MISC 612 Vendor 219 ‐ OPERATING ENGINEERS LOCAL #3 Total: 2856
Vendor 1563 ‐ ONTEL SECURITY SERVICES INC. Total: 965.6 Vendor: 219 ‐ OPERATING ENGINEERS LOCAL #308/18/2023 INV01647 OPERATING ENGINEERS LOCA 153487 110‐219‐0800 UNION DUES ‐ OAKDALE POLIC 81608/18/2023 INV01648 OPERATING ENGINEERS LOCA 153487 110‐219‐0800 UNION DUES ‐ OAKDALE MISC 61207/31/2023 38280 ONTEL SECURITY SERVICES IN 153548 110‐7210‐425003 Community Skate Park Armed 55808/15/2023 38357 ONTEL SECURITY SERVICES IN 153548 117‐222‐0700 SECURITY ‐ COMMUNITY CENT 42008/15/2023 38357 ONTEL SECURITY SERVICES IN 153548 117‐7460‐350305 SECURITY ‐ COMMUNITY CENT ‐12.4 01/30/2023 WIDOW OAKDALE POLICE OFFICERS AS10609 110‐1910‐374120 WIDOW AND ORPHAN FUND 3962.73 08/18/2023 INV01641 OAKDALE POLICE OFFICERS AS10608 110‐219‐0800 ASSOCIATION DUES 550 Vendor 208 ‐ OAKDALE POLICE OFFICERS ASSOCIATION Total: 4512.73 Vendor: 1563 ‐ ONTEL SECURITY SERVICES INC.08/15/2023 43239 OAKDALE LOCKSMITH 153547 110‐2161‐425003 Animal Shelter ‐ Service Call & 3208/15/2023 43239 OAKDALE LOCKSMITH 153547 110‐2162‐425003 Animal Shelter ‐ Service Call & 16 Vendor 207 ‐ OAKDALE LOCKSMITH Total: 80
Vendor: 208 ‐ OAKDALE POLICE OFFICERS ASSOCIATION07/31/2023 346270 OAKDALE LEADER 153546 110‐1910‐427006 OPPORTUNITY STANISLAUS 197.5 Vendor 206 ‐ OAKDALE LEADER Total: 197.5
Vendor: 207 ‐ OAKDALE LOCKSMITH08/15/2023 43239 OAKDALE LOCKSMITH 153547 110‐2160‐425003 Animal Shelter ‐ Service Call & 3208/02/2023 063‐073‐001 OAKDALE IRRIGATION DIST 153545 285‐6220‐425003 PARCEL ASSESSMENT 106.4308/02/2023 063‐073‐018 OAKDALE IRRIGATION DIST 153545 285‐6220‐425003 PARCEL ASSESSMENT 64.5 Vendor 205 ‐ OAKDALE IRRIGATION DIST Total: 717.89
Vendor: 206 ‐ OAKDALE LEADERVendor: 205 ‐ OAKDALE IRRIGATION DIST08/02/2023 063‐025‐033 OAKDALE IRRIGATION DIST 153545 285‐6220‐425003 PARK IRRIGATION 546.96 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 08/09/2023 217515 RANDIK PAPER CO 153556 117‐7440‐427002 JANITORIAL SUPPLIES 532.6308/09/2023 217515 RANDIK PAPER CO 153556 117‐7460‐427002 JANITORIAL SUPPLIES 532.6308/09/2023 217515 RANDIK PAPER CO 153556 118‐7380‐427006 JANITORIAL SUPPLIES 532.62 Vendor 1265 ‐ PLATT Total: 43.25
Vendor: 01119 ‐ PVP COMMUNICATIONS08/10/2023 133069 PVP COMMUNICATIONS 153555 110‐2110‐424004 Radio Comms for Motorcycles 1821.86 Vendor 01119 ‐ PVP COMMUNICATIONS Total: 1821.86
Vendor: 242 ‐ RANDIK PAPER CO08/09/2023 217515 RANDIK PAPER CO 153556 110‐7413‐427002 JANITORIAL SUPPLIES 532.6308/15/2023 AUGUST 2023 2 PG&E 153553 657‐4170‐420001 07028519473 2302.6 Vendor 226 ‐ PG&E Total: 17654.1
Vendor: 1265 ‐ PLATT07/27/2023 4G30913 PLATT 153554 622‐4151‐424002 VEHICLE REPAIR PARTS 43.2508/15/2023 AUGUST 2023 2 PG&E 153553 622‐4152‐420001 44133562536 2828.608/15/2023 AUGUST 2023 2 PG&E 153553 645‐4160‐420001 07228975343 115.3208/15/2023 AUGUST 2023 2 PG&E 153553 622‐4150‐420001 45427294660 555.4708/15/2023 AUGUST 2023 2 PG&E 153553 622‐4152‐420001 07228975343 115.3108/15/2023 AUGUST 2023 2 PG&E 153553 288‐6244‐420001 47013986097 46.5708/15/2023 AUGUST 2023 2 PG&E 153553 288‐6245‐420001 68565167456 16.9508/15/2023 AUGUST 2023 2 PG&E 153553 293‐6250‐420001 88703594601 242.3508/15/2023 AUGUST 2023 2 PG&E 153553 119‐4110‐420001 07228975343 50.2108/15/2023 AUGUST 2023 2 PG&E 153553 119‐4110‐420002 07228975343 7.4408/15/2023 AUGUST 2023 2 PG&E 153553 288‐6243‐420001 01868963875 249.0608/15/2023 AUGUST 2023 2 PG&E 153553 110‐7210‐420001 18246929329 338.7508/15/2023 AUGUST 2023 2 PG&E 153553 117‐7430‐420001 12937367741 583.708/15/2023 AUGUST 2023 2 PG&E 153553 117‐7430‐420002 12937367741 490.0708/15/2023 AUGUST 2023 2 PG&E 153553 110‐1910‐420001 18246929329 5223.108/15/2023 AUGUST 2023 2 PG&E 153553 110‐1910‐420002 18246929329 125.8908/15/2023 AUGUST 2023 2 PG&E 153553 110‐4142‐420001 07875298122 14.0608/15/2023 AUGUST 2023 PG&E 153553 622‐4151‐420001 529288 845.2908/15/2023 AUGUST 2023 PG&E 153553 622‐4151‐420001 529290 694.5208/15/2023 AUGUST 2023 PG&E 153553 622‐4151‐420001 61005412814 350.82 Vendor 01216 ‐ PACIFIC SHREDDING/PACIFIC STORAGE CO. Total: 100.8 Vendor: 01346 ‐ PENA REFRIGERATION08/10/2023 I‐17218‐1 PENA REFRIGERATION 153552 110‐7413‐425003 REPAIRS 271.04 Vendor 01346 ‐ PENA REFRIGERATION Total: 271.04
Vendor: 226 ‐ PG&E08/15/2023 AUGUST 2023 PG&E 153553 110‐7210‐420001 60758610988 2458.0208/17/2023 IN00051576 PACE SYSTEMS INC. 153550 110‐2110‐425003 Pace Scheduler Software ‐ Ann 3200 Vendor 01545 ‐ PACE SYSTEMS INC. Total: 3200
Vendor: 01216 ‐ PACIFIC SHREDDING/PACIFIC STORAGE CO.07/31/2023 5168498 PACIFIC SHREDDING/PACIFIC S153551 110‐2110‐425003 Monthly Shredding Services FY 100.8 Vendor: 01545 ‐ PACE SYSTEMS INC.
1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 08/01/2023 2713573 SUTTER HEALTH PLUS 153564 110‐219‐1100 HEALTH BENEFITS ‐ SEPTEMBE 55823.45 Vendor 1556 ‐ SUTTER HEALTH PLUS Total: 55823.45
08/01/2023 91554192 SULZER PUMPS SOLUTIONS IN153563 622‐4151‐424002 NORDIC WATER QUOTE 23033 18016.26 08/01/2023 91554198 SULZER PUMPS SOLUTIONS IN153563 622‐4151‐424002 NORDIC WATER QUOTE 23033 817 Vendor 01526 ‐ SULZER PUMPS SOLUTIONS INC. Total: 18833.26 Vendor: 1556 ‐ SUTTER HEALTH PLUS08/10/2023 3543497267 STAPLES BUSINESS ADVANTAG153562 110‐2161‐427001 Office Supplies 19.29 08/10/2023 3543497267 STAPLES BUSINESS ADVANTAG153562 110‐2162‐427001 Office Supplies 9.64 Vendor 1163 ‐ STAPLES BUSINESS ADVANTAGE Total: 574.23
Vendor: 01526 ‐ SULZER PUMPS SOLUTIONS INC.08/10/2023 3543006386 STAPLES BUSINESS ADVANTAG153562 110‐2110‐427001 Office Supplies 22.7208/10/2023 3543275447 STAPLES BUSINESS ADVANTAG153562 110‐2110‐427001 Office Supplies 42.6308/10/2023 3543497267 STAPLES BUSINESS ADVANTAG153562 110‐2160‐427001 Office Supplies 19.29Vendor: 1163 ‐ STAPLES BUSINESS ADVANTAGE08/10/2023 3542411786 STAPLES BUSINESS ADVANTAG153562 110‐2110‐427001 Office Supplies 365.4808/10/2023 3542802735 STAPLES BUSINESS ADVANTAG153562 110‐2110‐427001 Office Supplies 41.1608/10/2023 3543006385 STAPLES BUSINESS ADVANTAG153562 110‐2110‐427001 Office Supplies 54.0208/10/2023 52011 STANISLAUS FOUNDATION 153561 510‐1910‐436001 DENTAL BENEFITS 485 Vendor 1368 ‐ STANISLAUS FOUNDATION Total: 3477.18
08/10/2023 4550 STANISLAUS COUNTY SHERIFF 153560 110‐2110‐416003 PC832 Firearms Registration F 210 Vendor 01100 ‐ STANISLAUS COUNTY SHERIFF'S DEPT. Total: 210 Vendor: 1368 ‐ STANISLAUS FOUNDATION08/03/2023 51992 STANISLAUS FOUNDATION 153561 510‐1910‐436001 DENTAL BENEFITS 2992.18 08/05/2023 360 RP LANDSCAPING 153559 117‐7440‐425015 MONTHLY LANDSCAPING 105008/05/2023 360 RP LANDSCAPING 153559 117‐7460‐425015 MONTHLY LANDSCAPING 1840 Vendor 01378 ‐ RP LANDSCAPING Total: 3240
Vendor: 01100 ‐ STANISLAUS COUNTY SHERIFF'S DEPT.08/10/2023 21880 ROLAND JOCELYN E. PHD ABP153558 110‐2110‐425006 Pre‐Employment Screening (E. 475 Vendor 292 ‐ ROLAND JOCELYN E. PHD ABPP Total: 475
Vendor: 01378 ‐ RP LANDSCAPING08/05/2023 360 RP LANDSCAPING 153559 110‐7413‐425015 MONTHLY LANDSCAPING 35006/30/2023 521201 RIVER OAK VETERINARY HOSP 153557 110‐2161‐425003 River Oak Veterinary FY 21/22 14.9706/30/2023 521201 RIVER OAK VETERINARY HOSP 153557 742‐2160‐425003 River Oak Veterinary FY 21/22 49.92 Vendor 01087 ‐ RIVER OAK VETERINARY HOSPITAL INC. Total: 79.86 Vendor: 292 ‐ ROLAND JOCELYN E. PHD ABPP08/16/2023 217871 RANDIK PAPER CO 153556 118‐7380‐427006 JANITORIAL SUPPLIES 535.23 Vendor 242 ‐ RANDIK PAPER CO Total: 4271.43
Vendor: 01087 ‐ RIVER OAK VETERINARY HOSPITAL INC.06/30/2023 521201 RIVER OAK VETERINARY HOSP 153557 110‐2160‐425003 River Oak Veterinary FY 21/22 14.9708/16/2023 217871 RANDIK PAPER CO 153556 110‐7413‐427002 JANITORIAL SUPPLIES 535.2308/16/2023 217871 RANDIK PAPER CO 153556 117‐7440‐427002 JANITORIAL SUPPLIES 535.2308/16/2023 217871 RANDIK PAPER CO 153556 117‐7460‐427002 JANITORIAL SUPPLIES 535.23 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 07/24/2023 ADM‐11899 072423 U.S. BANK 153571 622‐4152‐427006 AMAZON 3.2407/24/2023 ADM‐11899 072423 U.S. BANK 153571 622‐4152‐427006 AMAZON 12.407/24/2023 ADM‐11899 072423 U.S. BANK 153571 622‐4152‐427006 AMAZON 12.4607/24/2023 ADM‐11899 072423 U.S. BANK 153571 525‐1910‐441005 AMAZON 80.1807/24/2023 ADM‐11899 072423 U.S. BANK 153571 525‐1910‐441006 DELL 883.3807/24/2023 ADM‐11899 072423 U.S. BANK 153571 525‐1910‐441006 DELL 968.8907/24/2023 ADM‐11899 072423 U.S. BANK 153571 525‐1910‐441005 AMAZON 122.4607/24/2023 ADM‐11899 072423 U.S. BANK 153571 525‐1910‐441005 AMAZON 145.0607/24/2023 ADM‐11899 072423 U.S. BANK 153571 525‐1910‐441005 AMAZON 30.3507/24/2023 ADM‐11899 072423 U.S. BANK 153571 270‐1910‐425003 LIVE STREAM 4907/24/2023 ADM‐11899 072423 U.S. BANK 153571 525‐1910‐425012 MICROSOFT 49.9907/24/2023 ADM‐11899 072423 U.S. BANK 153571 525‐1910‐441005 AMAZON 108.3607/24/2023 ADM‐11899 072423 U.S. BANK 153571 110‐2110‐420003 COMCAST 26.8107/24/2023 ADM‐11899 072423 U.S. BANK 153571 110‐2110‐420003 COMCAST 104.9207/24/2023 ADM‐11899 072423 U.S. BANK 153571 110‐7413‐427006 HOME DEPOT 20.207/24/2023 ADM‐11899 072423 U.S. BANK 153571 110‐1910‐420003 COMCAST 104.9207/24/2023 ADM‐11899 072423 U.S. BANK 153571 110‐1910‐420003 COMCAST 26.8107/24/2023 ADM‐11899 072423 U.S. BANK 153571 110‐2110‐420003 COMCAST 104.92 Vendor 1583 ‐ TYLER TECHNOLOGIES INC. Total: 1607.5
Vendor: 978 ‐ U.S. BANK07/24/2023 ADM‐11899 072423 U.S. BANK 153571 110‐1910‐420003 COMCAST 104.92 Vendor 285 ‐ TESCO CONTROLS Total: 3987.5
Vendor: 1446 ‐ TOP DOG POLICE K9 AND CONSULTING LLC07/30/2023 23‐07 TOP DOG POLICE K9 AND CON153569 110‐2110‐416002 K9 Training FY23/24 350 Vendor 1446 ‐ TOP DOG POLICE K9 AND CONSULTING LLC Total: 350 Vendor: 1583 ‐ TYLER TECHNOLOGIES INC.08/07/2023 025‐434260 TYLER TECHNOLOGIES INC. 153570 622‐4153‐425012 SOFTWARE SUPPORT 1607.5 Vendor 01039 ‐ T.P. EXPRESS INC. Total: 1200
Vendor: 01551 ‐ TAURUS ELECTRICAL MAINTENANCE SERVICES08/15/2023 54 TAURUS ELECTRICAL MAINTEN153567 110‐4142‐425003 TRAFFIC SIGNAL CHECKS 536 Vendor 01551 ‐ TAURUS ELECTRICAL MAINTENANCE SERVICES Total: 536 Vendor: 285 ‐ TESCO CONTROLS08/10/2023 0080426‐IN TESCO CONTROLS 153568 645‐4160‐425003 CONTRACT SERVICES 3987.506/01/2023 12 T & S CONSTRUCTION CO. INC 153583 623‐4159‐442001 T & S CONSTRUCTION ‐ SEWER 42543.12 Vendor 01418 ‐ T & S CONSTRUCTION CO. INC. Total: 288931.59 Vendor: 01039 ‐ T.P. EXPRESS INC.08/01/2023 36440 T.P. EXPRESS INC. 153566 110‐7210‐425003 CONCERT IN THE PARK 120007/31/2023 1881 SWIFT LAWN & GARDEN INC. 153565 288‐6243‐424009 IRRIGATION REPAIR ‐ JULY 202 222 Vendor 1328 ‐ SWIFT LAWN & GARDEN INC. Total: 376
Vendor: 01418 ‐ T & S CONSTRUCTION CO. INC.06/01/2023 12 T & S CONSTRUCTION CO. INC 153583 621‐4159‐442001 T & S CONSTRUCTION ‐ SEWER 246388.47 Vendor: 1328 ‐ SWIFT LAWN & GARDEN INC.07/31/2023 1880 SWIFT LAWN & GARDEN INC. 153565 288‐6244‐424009 IRRIGATION REPAIR ‐ JULY 202 154 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 07/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐427006 AMAZON 17.3307/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐427006 AMAZON 27.0907/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐427006 OAKDALE ACE 62.2607/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐427006 OAKDALE ACE 22.207/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐427006 EBAY 143.4107/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐427006 HOME DEPOT 334.1507/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐424002 AMAZON 201.4507/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐425003 MAINLINE PLUMBING 34007/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐427002 OAKDALE ACE 86.4507/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐424001 OAKDALE ACE 56.3107/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐424001 HOME DEPOT 122.8807/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐424002 AMAZON 296.9607/24/2023 FAC‐1 1563 072423 U.S. BANK 153571 744‐7340‐427004 SC SUPPLIES 56.9807/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐424001 HOME DEPOT 85.0707/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐424001 HARNEY HARDWARE 151.0607/24/2023 FAC‐1 1563 072423 U.S. BANK 153571 232‐7340‐442001 SC SUPPLIES/TECHNOLOGY 824.7307/24/2023 FAC‐1 1563 072423 U.S. BANK 153571 232‐7340‐442001 SENIOR MEALS 580.0607/24/2023 FAC‐1 1563 072423 U.S. BANK 153571 239‐1910‐442001 SC SUPPLIES/TECHNOLOGY 85.3107/24/2023 FAC‐1 1563 072423 U.S. BANK 153571 118‐7330‐427008 POOL CONCESSIONS 289.9607/24/2023 FAC‐1 1563 072423 U.S. BANK 153571 117‐7460‐427006 POOL/SC/CC MAINTENANCE 86.8207/24/2023 FAC‐1 1563 072423 U.S. BANK 153571 118‐7320‐427001 SC SUPPLIES 27.0807/24/2023 FAC‐1 1563 072423 U.S. BANK 153571 118‐7320‐427006 WALMART 45.5307/24/2023 ADM‐4 5470 072423 U.S. BANK 153571 645‐4160‐425003 RECRUITMENT 22.2607/24/2023 FAC‐1 1563 072423 U.S. BANK 153571 117‐7430‐425003 POOL/SC/CC MAINTENANCE 92007/24/2023 FAC‐1 1563 072423 U.S. BANK 153571 117‐7440‐425003 POOL/SC/CC MAINTENANCE 28507/24/2023 ADM‐4 5470 072423 U.S. BANK 153571 110‐1120‐427001 TRAINING 26.6407/24/2023 ADM‐4 5470 072423 U.S. BANK 153571 110‐1120‐427001 TRAINING 60.8307/24/2023 ADM‐4 5470 072423 U.S. BANK 153571 110‐1120‐427001 AMAZON 138.7107/24/2023 ADM‐3 8860 072423 U.S. BANK 153571 110‐1910‐425003 ZOOM/TRAINING 379.907/24/2023 ADM‐3 8860 072423 U.S. BANK 153571 110‐1910‐425003 ZOOM 379.907/24/2023 ADM‐4 5470 072423 U.S. BANK 153571 110‐1120‐416001 FUEL 49.1507/24/2023 ADM‐2 4894 072423 U.S. BANK 153571 110‐1910‐427001 ADOBE PRO 19.9907/24/2023 ADM‐2 4894 072423 U.S. BANK 153571 110‐1910‐427006 DIALPAD 2007/24/2023 ADM‐3 8860 072423 U.S. BANK 153571 110‐1130‐416002 ZOOM/TRAINING 150007/24/2023 ADM‐11899 072423 U.S. BANK 153571 645‐4160‐427006 AMAZON 2.1607/24/2023 ADM‐11899 072423 U.S. BANK 153571 645‐4160‐427006 AMAZON 17.7507/24/2023 ADM‐11899 072423 U.S. BANK 153571 645‐4161‐427006 OAKDALE ACE 4.9307/24/2023 ADM‐11899 072423 U.S. BANK 153571 645‐4160‐427006 AMAZON 3.2507/24/2023 ADM‐11899 072423 U.S. BANK 153571 645‐4160‐427006 AMAZON 12.4607/24/2023 ADM‐11899 072423 U.S. BANK 153571 645‐4160‐427006 AMAZON 12.407/24/2023 ADM‐11899 072423 U.S. BANK 153571 622‐4152‐427006 AMAZON 17.7607/24/2023 ADM‐11899 072423 U.S. BANK 153571 622‐4152‐427006 AMAZON 2.1607/24/2023 ADM‐11899 072423 U.S. BANK 153571 622‐4153‐427006 OAKDALE ACE 4.93 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 07/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2110‐427004 MISC SUPPLIES 1697.0707/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2110‐427004 AMAZON 181.1807/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2110‐427012 NNO 685.2607/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2110‐425003 CANVA 12.9907/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2110‐427004 FASTRAK 1207/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2110‐427004 SENIOR.COM 18.3707/24/2023 PD‐6 1208 072423 U.S. BANK 153571 110‐2130‐427023 ULIINE 88.6607/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2110‐416003 CPCA 69507/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2110‐425003 EMBRACE PET INSURANCE 205.3507/24/2023 PD‐6 1208 072423 U.S. BANK 153571 110‐2110‐427004 AXON 169.6107/24/2023 PD‐6 1208 072423 U.S. BANK 153571 110‐2110‐427027 HOME DEPOT 338.7307/24/2023 PD‐6 1208 072423 U.S. BANK 153571 110‐2110‐427027 OAKDALE ACE 29.2507/24/2023 PD‐6 1208 072423 U.S. BANK 153571 110‐2110‐427004 HOME DEPOT 300.9707/24/2023 PD‐6 1208 072423 U.S. BANK 153571 110‐2110‐427004 OAKDALE ACE 190.6407/24/2023 PD‐6 1208 072423 U.S. BANK 153571 110‐2110‐427004 HOME DEPOT 18407/24/2023 PD‐4 2766 072423 U.S. BANK 153571 110‐2110‐427022 FUEL 207.8407/24/2023 PD‐5 4738 072423 U.S. BANK 153571 110‐2140‐427010 OAKDALE ACE 30.7507/24/2023 PD‐6 1208 072423 U.S. BANK 153571 110‐2110‐427004 HOME DEPOT 784.3107/24/2023 PD‐3 6485 072423 U.S. BANK 153571 110‐2110‐427022 FUEL 246.8507/24/2023 PD‐1 9825 072423 U.S. BANK 153571 110‐2161‐427006 OAKDALE ACE 173.407/24/2023 PD‐1 9825 072423 U.S. BANK 153571 110‐2162‐427006 OAKDALE ACE 86.6907/24/2023 PD‐2 6477 072423 U.S. BANK 153571 110‐2110‐427022 FUEL 59.3207/24/2023 FAC‐3 1383 072423 U.S. BANK 153571 239‐1910‐442001 SC ACTIVITIES 139.8907/24/2023 FAC‐3 1383 072423 U.S. BANK 153571 744‐7340‐427004 SC SUPPLIES 81.4707/24/2023 PD‐1 9825 072423 U.S. BANK 153571 110‐2160‐427006 OAKDALE ACE 173.407/24/2023 FAC‐3 1383 072423 U.S. BANK 153571 118‐7320‐427006 SC SUPPLIES 17.3207/24/2023 FAC‐3 1383 072423 U.S. BANK 153571 118‐7330‐427008 POOL CONCESSIONS 747.4807/24/2023 FAC‐3 1383 072423 U.S. BANK 153571 118‐7330‐427008 POOL CONCESSIONS 854.7607/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 117‐7460‐427006 OAKDALE ACE 58.4907/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 117‐7460‐427006 OAKDALE ACE 60.107/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 117‐7460‐427006 OAKDALE ACE 85.6907/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 117‐7440‐424002 OAKDALE ACE 28.1407/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 117‐7460‐424002 HOME DEPOT 126.1807/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 117‐7460‐424002 ONE BEAT 64507/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 117‐7430‐427007 OAKDALE ACE 160.3307/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 117‐7430‐427007 ALL VALLEY POOL AND SPA 357.6407/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 117‐7430‐427007 LESLIES 93.7407/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 117‐7430‐424002 OAKDALE ACE 59.7607/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 117‐7430‐427006 LESLIES 220.1907/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 117‐7430‐427006 OAKDALE ACE 52.207/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐427006 OAKDALE ACE 28.7207/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 110‐7413‐427006 OAKDALE ACE 14.0807/24/2023 FAC‐2 6423 072423 U.S. BANK 153571 117‐7430‐424002 OAKDALE ACE 195.53 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 07/24/2023 PW‐6 7025 072423 U.S. BANK 153571 110‐7210‐427006 EWING 1457.6807/24/2023 PW‐7 7041 072423 U.S. BANK 153571 110‐7210‐427006 OAKDALE ACE 80.4407/24/2023 PW‐7 7041 072423 U.S. BANK 153571 110‐7210‐427006 AMAZON 140.3407/24/2023 PW‐5 6435 072423 U.S. BANK 153571 645‐4160‐427006 OAKDALE ACE 106.7507/24/2023 PW‐5 6435 072423 U.S. BANK 153571 645‐4160‐427006 STAPLES 94.8907/24/2023 PW‐5 6435 072423 U.S. BANK 153571 645‐4160‐427006 TRAINING 12507/24/2023 PW‐4 1392 072423 U.S. BANK 153571 645‐4160‐427006 MODESTO BEE 3007/24/2023 PW‐5 6435 072423 U.S. BANK 153571 645‐4160‐427006 RED WING 30007/24/2023 PW‐5 6435 072423 U.S. BANK 153571 645‐4160‐427006 OAKDALE ACE 124.1507/24/2023 PW‐4 1392 072423 U.S. BANK 153571 120‐3110‐427006 MODESTO BEE 3007/24/2023 PW‐4 1392 072423 U.S. BANK 153571 239‐1910‐442001 AMAZON 60407/24/2023 PW‐4 1392 072423 U.S. BANK 153571 622‐4152‐427006 MODESTO BEE 3007/24/2023 PW‐2 0327 072423 U.S. BANK 153571 644‐4169‐442001 OAKDALE LOCKSMITH 114.7507/24/2023 PW‐3 4300 072423 U.S. BANK 153571 645‐4160‐427022 FUEL 5007/24/2023 PW‐4 1392 072423 U.S. BANK 153571 119‐4110‐427006 MODESTO BEE 3007/24/2023 PW‐2 0327 072423 U.S. BANK 153571 110‐4142‐427006 OAKDALE ACE 100.2607/24/2023 PW‐2 0327 072423 U.S. BANK 153571 644‐4169‐442001 HOME DEPOT 45.1807/24/2023 PW‐2 0327 072423 U.S. BANK 153571 110‐4142‐427006 OAKDALE ACE 52.1707/24/2023 PW‐2 0327 072423 U.S. BANK 153571 110‐4142‐427006 OAKDALE ACE 78.607/24/2023 PW‐1 8837 072423 U.S. BANK 153571 657‐4170‐427006 AMAZON 438.8107/24/2023 PW‐2 0327 072423 U.S. BANK 153571 110‐4142‐427006 OAKDALE ACE 30.3307/24/2023 PW‐2 0327 072423 U.S. BANK 153571 110‐4142‐427006 HOME DEPOT 273.3707/24/2023 PW‐1 8837 072423 U.S. BANK 153571 657‐4170‐427006 AMAZON 123.6707/24/2023 PW‐1 8837 072423 U.S. BANK 153571 657‐4170‐427006 AMAZON 14.0707/24/2023 PW‐1 8837 072423 U.S. BANK 153571 657‐4170‐427006 AIRNAV 7007/24/2023 PW‐1 8837 072423 U.S. BANK 153571 645‐4160‐427001 AMAZON 69.4207/24/2023 PW‐1 8837 072423 U.S. BANK 153571 645‐4160‐427006 STAPLES 157.3207/24/2023 PW‐1 8837 072423 U.S. BANK 153571 645‐4160‐427006 STAPLES 94.5407/24/2023 PW‐1 8837 072423 U.S. BANK 153571 622‐4152‐427006 STAPLES 94.5407/24/2023 PW‐1 8837 072423 U.S. BANK 153571 622‐4152‐427006 ULINE 139.6907/24/2023 PW‐1 8837 072423 U.S. BANK 153571 622‐4152‐427006 STAPLES 157.3307/24/2023 PW‐1 8837 072423 U.S. BANK 153571 110‐2161‐427006 AMAZON 144.4207/24/2023 PW‐1 8837 072423 U.S. BANK 153571 110‐2162‐427006 AMAZON 72.2107/24/2023 PW‐1 8837 072423 U.S. BANK 153571 110‐7210‐427006 EPLUMBING 100.0507/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2162‐427001 AMAZON 19.507/24/2023 PD‐8 8974 072423 U.S. BANK 153571 110‐2110‐427004 AMAZON 33.5907/24/2023 PW‐1 8837 072423 U.S. BANK 153571 110‐2160‐427006 AMAZON 144.4207/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2140‐427010 ACTION TARGET 92.5107/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2160‐427001 AMAZON 38.9907/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2161‐427001 AMAZON 38.9907/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2110‐427012 NNO 422.1807/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2140‐427010 MISC SUPPLIES 102.8907/24/2023 PD‐7 1292 072423 U.S. BANK 153571 110‐2140‐427010 HOME DEPOT 968.72 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 07/24/2023 PW‐9‐7 7993 072423 U.S. BANK 153571 622‐4151‐425003 CV SALTS 2609.0307/24/2023 PW‐9‐7 7993 072423 U.S. BANK 153571 622‐4151‐427001 STAPLES 409.7907/24/2023 PW‐9‐7 7993 072423 U.S. BANK 153571 622‐4151‐427006 AMAZON 74.9907/24/2023 PW‐9‐6 2106 072423 U.S. BANK 153571 110‐4142‐427006 TRAFFIC SAFETY CORP 1068.8707/24/2023 PW‐9‐6 2106 072423 U.S. BANK 153571 110‐4142‐427006 OAKDALE ACE 54.1307/24/2023 PW‐9‐7 7993 072423 U.S. BANK 153571 622‐4151‐424003 AMAZON 83.6407/24/2023 PW‐9‐5 9837 072423 U.S. BANK 153571 565‐7215‐427006 O'REILLYS ‐3.2607/24/2023 PW‐9‐5 9837 072423 U.S. BANK 153571 565‐7215‐427006 CONLIN SUPPLY 37.9207/24/2023 PW‐9‐6 2106 072423 U.S. BANK 153571 110‐4142‐427006 HOME DEPOT 189.307/24/2023 PW‐9‐5 9837 072423 U.S. BANK 153571 284‐6210‐424009 OAKDALE ACE 27.0507/24/2023 PW‐9‐5 9837 072423 U.S. BANK 153571 286‐6230‐424009 EWING 594.3807/24/2023 PW‐9‐5 9837 072423 U.S. BANK 153571 565‐7215‐427006 R & R PRODUCTS 192.3707/24/2023 PW‐9‐5 9837 072423 U.S. BANK 153571 110‐7210‐427022 FUEL 50.0507/24/2023 PW‐9‐5 9837 072423 U.S. BANK 153571 110‐7210‐441005 WESTURF 1360.907/24/2023 PW‐9‐5 9837 072423 U.S. BANK 153571 284‐6210‐424009 AMERINE SYSTEMS 42.2107/24/2023 PW‐9‐5 9837 072423 U.S. BANK 153571 110‐7210‐427009 MID VALLEY AG 405.4307/24/2023 PW‐9‐5 9837 072423 U.S. BANK 153571 110‐7210‐427006 OAKDALE ACE 65.0107/24/2023 PW‐9‐5 9837 072423 U.S. BANK 153571 110‐7210‐427009 MID VALLEY AG 317.7507/24/2023 PW‐9‐5 9837 072423 U.S. BANK 153571 110‐7210‐427009 BIG AGRI 140.6307/24/2023 PW‐9‐4 1731 072423 U.S. BANK 153571 622‐4151‐427006 USA BLUEBOOK 166.1707/24/2023 PW‐9‐4 1731 072423 U.S. BANK 153571 622‐4151‐427006 USA BLUEBOOK 444.7707/24/2023 PW‐9‐5 9837 072423 U.S. BANK 153571 110‐7210‐425015 P & L CONCRETE 233.0107/24/2023 PW‐9‐3 6972 072423 U.S. BANK 153571 622‐4152‐427006 BASS PRO ‐186.1707/24/2023 PW‐9‐3 6972 072423 U.S. BANK 153571 622‐4152‐427006 BOOT BARN 179.6307/24/2023 PW‐9‐4 1731 072423 U.S. BANK 153571 622‐4151‐427006 ALHAMBRA 118.8207/24/2023 PW‐9‐1 0283 072423 U.S. BANK 153571 622‐4151‐427006 OAKDALE ACE 83.6907/24/2023 PW‐9‐2 6790 072423 U.S. BANK 153571 645‐4160‐427022 FUEL 108.0307/24/2023 PW‐9‐3 6972 072423 U.S. BANK 153571 110‐7210‐424003 WESTURF NURSERY 20.4707/24/2023 PW‐9 2141 072423 U.S. BANK 153571 110‐4140‐427006 KEY SEAL 114.0607/24/2023 PW‐9 2141 072423 U.S. BANK 153571 110‐4140‐427006 FASTENAL 1133.3807/24/2023 PW‐9 2141 072423 U.S. BANK 153571 110‐4140‐427022 FUEL 110.0307/24/2023 PW‐9 2141 072423 U.S. BANK 153571 110‐4140‐427006 LEDLIGHTINGSOLUTIONS.COM 2417.88 07/24/2023 PW‐9 2141 072423 U.S. BANK 153571 110‐4140‐427006 BRIMAR INDUSTRIES 1514.1707/24/2023 PW‐9 2141 072423 U.S. BANK 153571 110‐4140‐427006 ALL STATE SIGNS 297.507/24/2023 PW‐8 9951 072423 U.S. BANK 153571 110‐4140‐427006 OAKDALE ACE 36.8307/24/2023 PW‐8 9951 072423 U.S. BANK 153571 110‐4140‐427006 CARQUEST 9.2207/24/2023 PW‐9 2141 072423 U.S. BANK 153571 110‐4140‐427006 LEDLIGHTINGSOLUTIONS.COM 2750.1807/24/2023 PW‐8 9951 072423 U.S. BANK 153571 110‐4140‐427006 DENAIR LUMBER 250.1707/24/2023 PW‐8 9951 072423 U.S. BANK 153571 110‐4140‐427006 FASTENAL 125.6807/24/2023 PW‐8 9951 072423 U.S. BANK 153571 110‐4140‐427006 OAKDALE ACE 115.3307/24/2023 PW‐7 7041 072423 U.S. BANK 153571 110‐7210‐427006 MISC SUPPLIES 28.1607/24/2023 PW‐7 7041 072423 U.S. BANK 153571 110‐7210‐427006 OAKDALE ACE 36.8307/24/2023 PW‐8 9951 072423 U.S. BANK 153571 110‐4140‐427006 BOOT BARN 300 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 07/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐2110‐424003 GT AUTOMOTIVE 299.8707/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐2110‐424003 AMAZON 460.2407/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐4120‐424001 OAKDALE ACE 51.7607/24/2023 PW‐9‐G 4331 072423 U.S. BANK 153571 645‐4160‐427006 WALMART 256.707/24/2023 PW‐9‐G 4331 072423 U.S. BANK 153571 645‐4160‐427006 FASTENAL 1372.4507/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐2110‐424003 GT AUTOMOTIVE 1289.9707/24/2023 PW‐9‐F 4030 072423 U.S. BANK 153571 645‐4160‐427006 OAKDALE ACE 63.4507/24/2023 PW‐9‐F 4030 072423 U.S. BANK 153571 645‐4160‐427006 AMAZON 292.0407/24/2023 PW‐9‐G 4331 072423 U.S. BANK 153571 645‐4160‐427006 OAKDALE FEED & SEED 107.1307/24/2023 PW‐9‐E 2836 072423 U.S. BANK 153571 565‐7215‐424003 WESTURF 155.6707/24/2023 PW‐9‐F 4030 072423 U.S. BANK 153571 645‐4160‐427006 OAKDALE ACE 306.6107/24/2023 PW‐9‐F 4030 072423 U.S. BANK 153571 645‐4160‐427006 CONLIN SUPPLY 108.3307/24/2023 PW‐9‐E 2836 072423 U.S. BANK 153571 110‐2110‐427022 FUEL 2507/24/2023 PW‐9‐E 2836 072423 U.S. BANK 153571 110‐4120‐427006 RED WING 20007/24/2023 PW‐9‐E 2836 072423 U.S. BANK 153571 565‐7215‐424003 WESTURF 66.3607/24/2023 PW‐9‐E 2836 072423 U.S. BANK 153571 110‐2110‐424003 TOM'S SMOG 41.207/24/2023 PW‐9‐C 8699 072423 U.S. BANK 153571 645‐4160‐427006 AMAZON 105.6607/24/2023 PW‐9‐C 8699 072423 U.S. BANK 153571 645‐4160‐427006 AMAZON 36.2207/24/2023 PW‐9‐D 2027 072423 U.S. BANK 153571 119‐4110‐425003 ADOBE PRO 14.9907/24/2023 PW‐9‐B 0705 072423 U.S. BANK 153571 120‐3120‐416002 CACEO 50007/24/2023 PW‐9‐C 8699 072423 U.S. BANK 153571 622‐4152‐427006 AMAZON 105.6607/24/2023 PW‐9‐C 8699 072423 U.S. BANK 153571 622‐4152‐427006 AMAZON 36.2207/24/2023 PW‐9‐A 0689 072423 U.S. BANK 153571 110‐7210‐427006 OAKDALE ACE 487.1507/24/2023 PW‐9‐A 0689 072423 U.S. BANK 153571 110‐7210‐427022 FUEL 22.8207/24/2023 PW‐9‐A 0689 072423 U.S. BANK 153571 565‐7215‐427006 OAKDALE ACE 162.4607/24/2023 PW‐9‐A 0689 072423 U.S. BANK 153571 110‐7210‐427006 OAKDALE ACE 99.6607/24/2023 PW‐9‐A 0689 072423 U.S. BANK 153571 110‐7210‐427006 RED WING 30007/24/2023 PW‐9‐A 0689 072423 U.S. BANK 153571 110‐7210‐427006 OAKDALE ACE 74.7407/24/2023 PW‐9‐8 2898 072423 U.S. BANK 153571 622‐4151‐427006 OAKDALE ACE 122.3207/24/2023 PW‐9‐9 5072 072423 U.S. BANK 153571 110‐4140‐427006 OAKDALE ACE 77.8807/24/2023 PW‐9‐9 5072 072423 U.S. BANK 153571 110‐4140‐427022 FUEL 22.2807/24/2023 PW‐9‐8 2898 072423 U.S. BANK 153571 622‐4151‐427006 O'REILLYS 14.0707/24/2023 PW‐9‐8 2898 072423 U.S. BANK 153571 622‐4151‐427006 AMAZON 9.6307/24/2023 PW‐9‐8 2898 072423 U.S. BANK 153571 622‐4151‐427006 AMAZON 9.2707/24/2023 PW‐9‐8 2898 072423 U.S. BANK 153571 622‐4151‐427006 O'REILLYS 261.2307/24/2023 PW‐9‐8 2898 072423 U.S. BANK 153571 622‐4151‐427006 O'REILLYS 127.207/24/2023 PW‐9‐8 2898 072423 U.S. BANK 153571 622‐4151‐427006 AMAZON 29.2207/24/2023 PW‐9‐7 7993 072423 U.S. BANK 153571 622‐4151‐427006 FULL SOURCE 199.2207/24/2023 PW‐9‐8 2898 072423 U.S. BANK 153571 622‐4151‐427006 UPS 451.507/24/2023 PW‐9‐8 2898 072423 U.S. BANK 153571 622‐4151‐427006 O'REILLYS 352.0707/24/2023 PW‐9‐7 7993 072423 U.S. BANK 153571 622‐4151‐427006 AMAZON 382.4207/24/2023 PW‐9‐7 7993 072423 U.S. BANK 153571 622‐4151‐427006 OAKDALE ACE 178.7807/24/2023 PW‐9‐7 7993 072423 U.S. BANK 153571 622‐4151‐427006 AMAZON 219 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) Vendor 1560 ‐ WGR SOUTHWEST INC. Total: 1945
Vendor 978 ‐ U.S. BANK Total: 60987.69
Vendor: 1560 ‐ WGR SOUTHWEST INC.07/22/2023 28710 WGR SOUTHWEST INC. 153580 657‐4170‐425003 ANNUAL RENEWAL HAZARDOU 1560 07/23/2023 28746 WGR SOUTHWEST INC. 153580 720‐3110‐425003 STORM WATER PLAN REVIEW 38507/24/2023 PW‐9‐J 9409 072423 U.S. BANK 153571 284‐6210‐427006 OAKDALE ACE 66.9107/24/2023 PW‐9‐J 9409 072423 U.S. BANK 153571 286‐6230‐427006 OAKDALE ACE 167.6707/24/2023 PW‐9‐J 9409 072423 U.S. BANK 153571 565‐7215‐427022 FUEL 29.4407/24/2023 PW‐9‐J 9409 072423 U.S. BANK 153571 284‐6210‐424009 OAKDALE ACE 13.5607/24/2023 PW‐9‐J 9409 072423 U.S. BANK 153571 284‐6210‐424009 EWING 1140.3407/24/2023 PW‐9‐I 3847 072423 U.S. BANK 153571 622‐4151‐427006 HOME DEPOT 795.8307/24/2023 PW‐9‐I 3847 072423 U.S. BANK 153571 622‐4151‐427006 TRACTOR SUPPLY 140.8807/24/2023 PW‐9‐I 3847 072423 U.S. BANK 153571 622‐4151‐424002 OAKDALE ACE 130.707/24/2023 PW‐9‐I 3847 072423 U.S. BANK 153571 622‐4151‐424002 O'REILLYS 110.5307/24/2023 PW‐9‐I 3847 072423 U.S. BANK 153571 622‐4151‐427006 TRACTOR SUPPLY 115.9407/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 645‐4160‐424003 AMAZON 96.4807/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 645‐4160‐424003 AMAZON 18.9507/24/2023 PW‐9‐I 3847 072423 U.S. BANK 153571 622‐4151‐424002 MCMASTER CARR 117.1307/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 565‐7215‐424003 AMAZON 191.0807/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 645‐4160‐424002 OAKDALE ACE 9.707/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 645‐4160‐424003 AMAZON 430.1307/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 565‐7215‐424003 AMAZON 29.1907/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 565‐7215‐424003 PRECISION 58.7407/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 565‐7215‐424003 WESTURF 38.5407/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐7210‐424003 WALKER PARTS DEPOT 30.0307/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐7210‐424003 AMAZON 57.4307/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 565‐7215‐424003 PARTS TREE 46.5407/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐4140‐424003 EBAY 130.8807/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐4140‐424003 AMAZON 37.807/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐4140‐424003 AMAZON 61.9807/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐4120‐427006 AMAZON 41.1607/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐4120‐427006 AMAZON 27.0807/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐4140‐424003 AMAZON 34.9207/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐4120‐425003 AMAZON 16.2507/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐4120‐427006 OAKDALE ACE 8.2307/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐4120‐427006 EBAY 22.7407/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐4120‐424002 AMAZON 254.5507/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐4120‐424002 PORTACOOL 48.7507/24/2023 PW‐9‐H 8903 072423 U.S. BANK 153571 110‐4120‐424002 OAKDALE ACE 24.47 1 of 18
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 8/15/2023 - 8/30/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) Grand Total:
Vendor 326 ‐ WILLE ELECTRIC SUPPLY CO INC. Total: 521
1020803.42
Vendor 01331 ‐ WHITE BRENNER LLP Total: 20300.9
Vendor: 326 ‐ WILLE ELECTRIC SUPPLY CO INC.07/31/2023 S2156689.001 WILLE ELECTRIC SUPPLY CO IN153582 110‐4142‐427006 MISC SUPPLIES 449.32 08/02/2023 S2157176.001 WILLE ELECTRIC SUPPLY CO IN153582 110‐4142‐427006 MISC SUPPLIES 71.6808/16/2023 48352‐48360 WHITE BRENNER LLP 153581 720‐3110‐425003 LEGAL SERVICES THROUGH JU 459.8 08/16/2023 48352‐48360 WHITE BRENNER LLP 153581 720‐3110‐425003 LEGAL SERVICES THROUGH JU 3469.4 08/16/2023 48352‐48360 WHITE BRENNER LLP 153581 720‐3110‐425003 LEGAL SERVICES THROUGH JU 961.4 08/16/2023 48352‐48360 WHITE BRENNER LLP 153581 110‐1610‐425003 LEGAL SERVICES THROUGH JU 4326.5 08/16/2023 48352‐48360 WHITE BRENNER LLP 153581 120‐3120‐425003 LEGAL SERVICES THROUGH JU 269.1 08/16/2023 48352‐48360 WHITE BRENNER LLP 153581 120‐3130‐425003 LEGAL SERVICES THROUGH JU 706.8 06/30/2023 48249‐48267 WHITE BRENNER LLP 153581 120‐3130‐425003 LEGAL SERVICES THROUGH JU 586 06/30/2023 48249‐48267 WHITE BRENNER LLP 153581 720‐3110‐425003 LEGAL SERVICES THROUGH JU 397.4 06/30/2023 48249‐48267 WHITE BRENNER LLP 153581 720‐3110‐425003 LEGAL SERVICES THROUGH JU 1839.2 Vendor: 01331 ‐ WHITE BRENNER LLP06/30/2023 48249‐48267 WHITE BRENNER LLP 153581 110‐1610‐425003 LEGAL SERVICES THROUGH JU 5249.9 06/30/2023 48249‐48267 WHITE BRENNER LLP 153581 120‐3120‐425003 LEGAL SERVICES THROUGH JU 2035.4 1 of 18
AGENDA ITEM 9.3:
By Motion, Waive all Readings of Ordinances and
Resolutions, except by Title.
AGENDA ITEM 9.4
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Meeting Date: Tuesday, September 5, 2023
To: Mayor Bairos and Members of the City Council
From: Jerry Ramar, Chief of Police
Subject: Consideration of a Resolution Authorizing Staff to Purchase a 2023 Ford Mach-E from Haidlen Ford for $51,833.33 and Outfit the Vehicle with Emergency Vehicle Equipment Installed by Jay’s Tires in the Amount of $22,865.85 for a Total of $74,699.18 Using Funds from the Vehicle Replacement Fund 530 to Replace Vehicle 37, which was Totaled in a Vehicle Collision.
I. BACKGROUND
On June 25, 2023, an officer was returning from Stanislaus County Jail, passing through Hughson, when another driver failed to stop for a stop sign, causing a collision with the patrol vehicle. California Highway Patrol officers responded to investigate the collision. The investigating officers determined that the other driver was at fault for the collision. The patrol vehicle was deemed a total loss, meaning the repair cost is more costly than the vehicle is worth. We anticipate a payment for the vehicle from the insurance of the driver who was at fault for the collision. The officer sustained minor injuries from the collision.
Police staff requests authorization to purchase the 2023 Ford Mach-E that will serve as a police patrol vehicle assigned to Patrol Operations. The new Ford Mach-E will replace vehicle 37.
Vehicle 37 was scheduled to be replaced in the 27/28 fiscal year. Vehicle 37 had approximately 80,000 miles. The patrol fleet is currently down to eight patrol vehicles, with one vehicle being outfitted for patrol use. The optimum number of vehicles for an agency of our size is eleven. With the addition of the Mach-E, our patrol vehicle inventory will be ten.
II. DISCUSSION
The Ford Mustang Mach-E is an electric vehicle. Electric vehicles over the years have improved and proven to be reliable. The Mach-E is a rear-wheel drive vehicle with a 70-kWh battery that Ford estimates a range of 247 miles. Officers commonly drive less than 100 miles per shift.
Electric vehicles (EVs) require very little maintenance. Typically, EVs require brakes and tires to be replaced, but most other components do not require routine AGENDA ITEM 11.1
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Request for Authorization to Purchase and Outfit a Ford Mach-E MEETING DATE: September 5th, 2023
maintenance. Internal combustion engines (ICE) require routine maintenance, such as oil and transmission fluid changes. ICE vehicles have more components in the engine that can fail, such as water pumps, oil pumps, gas pumps, alternators, transmissions, torque converters, and other components. When these components fail, it takes the ICE vehicle out of commission until it can be repaired, sometimes for months. Currently, our ICE patrol vehicles receive maintenance every 3000 miles.
Based on the proven reliability and fewer EV components, we believe the vehicle will not be removed from the patrol fleet for repairs, allowing officers to be in service longer. This will also result in fewer hours of maintenance from fleet maintenance and reduced cost of operation. According to Government Fleet Magazine, the first service on EVs is usually done when the vehicle reaches 100,000 miles, and EVs cost per mile is lower than ICE vehicles.
Staff believes we will realize additional savings because we will not need gasoline for the EV. Furthermore, the Police Department/City Hall solar project was completed in 2022. The new solar will reduce the cost of electricity to charge the EV. On June 19, 2023, City Council approved the installation of an EV charging station. Staff found grant funding that we might be eligible for to reduce our costs for EV charger installations, allowing us to reduce our costs even more.
While officers prepare for their shift or complete paperwork, their patrol vehicles remain at the police department. Because the vehicle is at the station, this will allow for periodic charging throughout a patrol shift, allowing us to have the battery remain full until patrol functions occur. This will also eliminate the need to fill the fuel tank at the beginning or end of a patrol shift, saving the officers time to do other duties. We believe that an EV will make the officers’ jobs more efficient.
Yearly, the Michigan State Police tests various vehicles to determine if they are suitable for police use. The Ford Mach-E has passed the Michigan State Police rigorous evaluation. Ford issued the following after the testing process:
DEARBORN, Mich., Sept. 24, 2021 – The Ford Pro all-electric police pilot vehicle based on the 2021 Mustang Mach-E SUV just became the first all-electric vehicle to pass the rigorous Michigan State Police 2022 model year evaluation. Testing included acceleration, top speed, braking and high-speed pursuit, as well as emergency response handling characteristics. Michigan State Police is one of two law enforcement agencies that annually test new model year police vehicles and publish the results for use by agencies nationwide. “The fact that the Mustang Mach-E successfully stood up to the grueling Michigan State Police evaluation demonstrates that Ford can build electric vehicles that are capable, tough and reliable enough for even the most challenging jobs,” said Ted Cannis, CEO of Ford Pro.
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Request for Authorization to Purchase and Outfit a Ford Mach-E MEETING DATE: September 5th, 2023
“We understand the needs of our commercial customers and are committed to unlocking new electrification opportunities for them.” Oakdale Police Department Staff contacted other Ford dealers. There were no other Ford dealerships with a Ford Mach-E in stock or the ability to get a Ford Mach-E in stock for delivery to the Oakdale Police Department. Furthermore, when acquiring police patrol vehicles, timing is of the essence; when a vehicle becomes available, we should seriously consider purchasing the vehicle so we do not fall behind on our patrol fleet.
The purchase price of the Ford Mach-E is $51,833.33, which includes an eightyear/125,000 extended service warranty. We believe that this warranty will protect our investment.
Staff is also requesting the outfitting of the vehicle with emergency equipment and additional equipment by Jays Tires for $22,865.85.
II. FISCAL IMPACTS
The cost of replacing vehicle 35 with a Ford Mach-E from Haidlen Ford is $51,833.33, and the purchase and installation of the emergency equipment is a maximum amount of $22,865.85 for a total of $74,699.18. The purchase will be made with budgeted and existing funds in the Vehicle Replacement Fund 530.
When the reimbursement from the insurance is received, the money will be placed in the Vehicle Replacement Fund 530. Until we receive the money from the insurance, we do not know the actual fiscal impact.
III. RECOMMENDATION
City of Oakdale staff recommends the City Council adopt the attached Resolution authorizing staff to purchase a 2023 Ford Mach-E from Haidlen Ford for $51,833.33 and outfit the vehicles with emergency vehicle equipment installed by Jays Tires in the amount of $22,865.85using funds from the Vehicle Replacement Fund 530.
V. ATTACHMENTS
Attachment A: Resolution
Attachment B: Haidlen Ford Bid
Attachment C: Jays Tires Quote
IN THE CITY COUNCIL OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2023-
RESOLUTION OF THE CITY OF OAKDALE CITY COUNCIL AUTHORIZING STAFF TO PURCHASE A 2023 FORD MACH-E FROM HAIDLEN FORD FOR $51,833.33 AND
OUTFIT THE VEHICLE WITH EMERGENCY VEHICLE EQUIPMENT INSTALLED BY JAY’S TIRES IN THE AMOUNT OF $22,865.85 FOR A TOTAL OF $74,699.18 USING FUNDS FROM THE VEHICLE REPLACEMENT FUND 530.
THE CITY OF OAKDALE CITY COUNCIL DOES HEREBY RESOLVE THAT:
WHEREAS, the Oakdale Police Department had a 2017 Ford Explorer, Vehicle 37, that has been assigned to patrol but totaled in a vehicle collision; and, WHEREAS, the Oakdale Police Department depends on a reliable patrol fleet to complete necessary patrol functions; and,
WHEREAS, Haidlen Ford was able to acquire a Ford Mach-E and has given Oakdale Police Department the first option to purchase the vehicle; and, WHEREAS, the Ford Mach-E has passed the rigorous Michigan State Police evaluation process for police patrol vehicles; and,
WHEREAS, Staff recommends the purchase of the Ford Mach-E from Haidlen Ford, a local Ford dealer, and outfitting the vehicle for patrol purposes by Jays Tires; and, NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL hereby authorizes staff to purchase a 2023 Ford Mach-E from Haidlen Ford for $51,833.33 and outfit the vehicles with emergency vehicle equipment by Jays Tires in the amount of $22,865.85 for a total of $74,699.18 to be funded from the Vehicle Replacement Fund 530.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 5th DAY OF SEPTEMBER 2023 by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST
Rouzé Roberts, City Clerk
SIGNED:
Cherilyn Bairos, Mayor
07/26/2023
Fuel Economy and Environment
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This vehicle emits 0 grams CO per mile. The best emits 0 grams per mile (tailpipe only). Does not include emissions from generating electricity, learn more at fueleconomy.gov.
Actual results will vary for many reasons, including driving conditions and how you drive and maintain your vehicle. The average new vehicle gets 28 MPG and costs $8,000 to fuel over 5 years. Cost estimates are based on 15,000 miles per year at $.14 per kW-hr. MPGe is miles per gasoline gallon equivalent. Vehicle emissions are a significant cause of climate change and smog.
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CUA-002327 CA 9-NORMAL,NB,202327,PG182 10621 UTC U W CA CERT CERT CERT TRD RAMP BUMP CAMP BOOK EXFL ROTA 3FMTK1R43 PMA62403 NB VU12
VEHICLE DESCRIPTION
MUSTANG MACH-E PM A62403
2023 SELECT RWD EXTERIOR
5-PASSENGER SHADOW BLACK
72KWH USABLE STD LFP BATT INTERIOR
SINGLE-SPEED TRANSMISSION BLK ONYX ACTIVEX SEAT MTRL
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015014
46/554
Haidlen Ford, Inc. TOTAL MSRP 1355 East F Street
Oakdale CA 95361
72B 500
CD76
SOLD TO RAMP ONE
SHIP TO (IF OTHER THAN SOLD TO) RAMP TWO
SHIP THROUGH
$44,795.00
FINAL ASSEMBLY PLANT
CUAUTITLAN
METHOD OF TRANSP.
CONVOY
ITEM #:
72-Z600 O/T 2
PG182 N RB X 330 002327 07 18 23
INCLUDED ON THIS VEHICLE
EQUIPMENT GROUP 100A
OPTIONAL EQUIPMENT/OTHER
72KWH USABLE STD LFP BATT NO CHARGE
225/60R18 A/S BSW TIRES
BLUECRUISE 1.3 (90-DAY TRIAL)
18" GRAY PNTD ALUM WHEELS
MOBILE POWER CORD DELETE NO CHARGE
FRONT LICENSE PLATE BRACKET NO CHARGE
PRICE INFORMATION
BASE PRICE $42,995.00
TOTAL OPTIONS/OTHER
____________
TOTAL VEHICLE & OPTIONS/OTHER 42,995.00
DESTINATION & DELIVERY 1,800.00
(MSRP)(MSRP)
STANDARD EQUIPMENT INCLUDED AT NO EXTRA CHARGE
EXTERIOR
ACTIVE GRILLE SHUTTERS
E-LATCH - PUSH BUTTON OPEN
FRUNK - DRAINABLE
HEADLAMPS -WIPER ACTIVATED
HEADLAMPS-AUTO LED REFLCTR
MIRRORS-PWR/HTD/MAN-FLD/
LED SIG/PONY PROJECTN LAMP
REAR SPOILER
TAILLAMPS-LED W/SEQUENTIAL
TURN SIGNAL
WINDSHIELD WIPER DE-ICER
WIPERS - RAIN-SENSING
INTERIOR
15.5" TOUCHSCREEN
1TOUCH UP/DOWN FRT/RR WIN
AUTO-DIM REARVIEW MIRROR
DUAL ILLUM VANITY MIRRORS
DUAL ZONE AUTO CLIMATE CTL
IP CLUSTR 10.2" DIGTAL SCR
POWER DRIV SEAT - 8-WAY
POWERPOINTS - 12V
ROTARY GEAR SHIFT DIAL
SCUFF PLATE W/PONY GRAPHIC
SOFT VINYL WRAP-STEERING
WHEEL W/MOUNTED CONTROLS
SPLIT FOLD REAR SEAT
TILT/TELESCOPE STR COLUMN
FUNCTIONAL
11KW AC ONBOARD CHARGER
360-DEGREE CAMERA
CNCTD BLT-IN NAV(3-YR INC)
FORDPASS™ CONNECT 4GWI-FI
HOTSPOT TELEMATICS MODEM
INTELL ACCESS W/PUSH START
J1772 CCS COMBO CONNECTOR
REGENERATIVE BRAKING SYS
SELECTABLE DRIVE MODES AND
ONE PEDAL DRIVE
SYNC®4A
UP TO 150KW DC CHRG CAPABL
WIRELESS CHARGING PAD
SAFETY/SECURITY
ADVANCED SECURITY PACK
ADVANCETRAC™
AIRBAG - DRIVER KNEE
AIRBAGS - DUAL STAGE FRONT
AIRBAGS - FRT/REAR SIDE
IMPACT & SIDE AIR CURTAIN
ELCTR STABILITY/TRACTN CTL
INDIV TIRE PRESS MONIT SYS
LATCH CHILD SAFETY SYSTEM
SOS POST-CRASH ALERT SYS™
WARRANTY
3YR/36,000 BUMPER / BUMPER
5YR/60,000 POWERTRAIN
5YR/60,000 ROADSIDE ASSIST
8YR/100,000 HV BATT/COMPON
1355 East “F” St ▪ Oakdale, CA 95361 ▪ 209.847.0356 V ▪ 209.847.8614 F April 25, 2023
2023 Mach E:
City of Oakdale pricing on one vehicle would be as follows:
$ 44,795.00 Selling Price
$ 3,751.58 Sales Tax at 8.375%
$ 8.75 CA Tire Fee
$ 33.00 CVR Fee
$ 3,245.00 8YR/125,000 Extended Service Plan
$ 51,833.33 Grand Total
Please let me know when to proceed,
Sincerely,
Erich Haidlen
Haidlen Ford
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Meeting Date: September 5, 2023
To: Mayor and City Council
From: Jeff Roberts, Public Works Superintendent
Subject: Consideration of a Resolution Authorizing the City Manager to enter an agreement with Rolfe Construction Inc. For an Emergency Repair of a Road Section Failure on Hudson
Avenue and Greger Street in the Amount of $72,453.00 and a 10% contingency of $7,245.30 funded by Sewer Capital
Replacement Fund 621 CP 2320 for a project total of
$79,698.30
I. BACKGROUND
On the 500 block of Hudson Avenue at the corner of Hudson and Greger, in the Bridle Ridge Subdivision, a 43’ long by 36’ wide section of the surface improvements has failed and settled as much as 5” in some spots. The Bridle Ridge Subdivision was installed in the early 2000’s. During the installation, staff suspects damage to the storm pipes occurred which started the process of compaction material infiltration. As storm water would fill the system, the water would breach the containment of the broken pipes and pull the dirt from outside of the manhole into the pipes. Over the course of 20 years, we are left with surface failure that has left a 43’ long section unpassable to traffic in the northbound lane. This also caused the driveway approach and curb gutter and sidewalks to settle.
Storm Drain Pipe and Manhole Condition
Manhole base is cracked 30” pipe is egged/split
Dirt Infiltration
AGENDA ITEM 11.2
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Hudson Avenue Emergency Reapair
MEETING DATE: September 5, 2023
SW 12” Catch basin Pipe SE 12 catch basin pipe
II. DISCUSSION
After investigating the cause of the surface failure, a plan was developed to make the necessary repairs.
Scope of Work
• Remove and replace 13’ deep storm drain manhole
• Make necessary repairs to 30” main and 12” Catch basin pipes • Remove and replace 40’ curb, gutter and sidewalk
• Remove and replace 1300 sq ft pavement
• Remove and replace driveway approach
• Replace sod in planter strip
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Hudson Avenue Emergency Reapair
MEETING DATE: September 5, 2023
Shows the settling and stretching Water mark on curb shows The existing pavement original Grade
Driveway settling Manhole casting is grade
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Hudson Avenue Emergency Reapair
MEETING DATE: September 5, 2023
Water runs into the road before puddling up and making it to basin Job Cost Analysis
Staff received three bids; they are as follows
Contractor Amount
Rolf Construction $72,453.00
United Paving Maintenance $93,448.00
DA Wood Construction $100,00.00
Rolfe construction was low bidder at $72,453.00
10% Contingency $7,245.30
Project Total $79,698.30
III. FISCAL IMPACT
This is an emergency repair and staff are requesting appropriation of funds in the amount $ 79,698.30 which can be funded by Sewer Capital replacement Fund 621, contract services.
IV. RECOMMENDATION
Staff recommends that the City Council adopt Resolution Authorizing the City Manager to enter an agreement with Rolfe Construction Inc. For an Emergency Repair of a Road Section failure on Hudson Avenue and Greger Street in the
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Hudson Avenue Emergency Reapair
MEETING DATE: September 5, 2023
Amount of $72,453.00 and a 10% contingency of $7,245.30 funded by Sewer Capital Replacement Fund 621 CP 2320 for a project total of $79,698.30.
V. ATTACHMENTS
Attachment A: Draft City Council Resolution 2023-__
Attachment B: Contractor Agreement/Quote with Rolfe Construction Inc.
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
RESOLUTION 2023-___
A RESOLUTION OF THE CITY OF OAKDALE CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO ENTER AN AGREEMENT WITH ROLFE
CONSTRUCTION INC. FOR AN EMERGENCY REPAIR OF A ROAD SECTION
FAILURE ON HUDSON AVENUE AND GREGER STREET IN THE AMOUNT OF $72,453.00 AND A 10% CONTINGENCY OF $7,245.30 FUNDED BY SEWER CAPITAL REPLACEMENT FUND 621 CP 2320
FOR A PROJECT TOTAL OF $79,698.30
THE CITY OF OAKDALE CITY COUNCIL DOES HEREBY RESOLVE THAT:
WHEREAS, a storm drain manhole has allowed infiltration that led to the collapse of surface improvements on Hudson Avenue; and,
WHEREAS, the section of road is unsafe for vehicle use; and, WHEREAS, project requires removal and replacement of one storm manhole and 40 feet of curb, gutter and sidewalk and replace 1300’ of pavement; and, WHEREAS, City Staff received three bids and Rolfe Construction Inc. was the low bidder at $75,453.00; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oakdale does hereby adopt the Resolution Authorizing the City Manager to enter an agreement with Rolfe Construction Inc. For an Emergency Repair of a Road Section failure on Hudson Avenue and Greger Street in the Amount of $72,453.00 and a 10% contingency of $7,245.30 funded by Sewer Capital Replacement Fund 621 CP2320 for a project total of $79,698.30.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 5TH DAY OF SEPTEMBER, 2023, by the following vote:
AYES: COUNCIL MEMBERS: ( )
NOES: COUNCIL MEMBERS: ( )
ABSENT: COUNCIL MEMBERS: ( )
ABSTAINED: COUNCIL MEMBERS: ( )
SIGNED:
Cherilyn Bairos, Mayor
ATTEST:
Rouzé Roberts, City Clerk
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Meeting Date: September 5th, 2023
To: Mayor Bairos and City Council
From: Ian Sather, Senior Engineering Technician
Subject: Consider a Resolution Authorizing the City Manager to Execute an Agreement with Applegate Drilling for Time Sensitive Stormwater facility Work in Wood Basin located at the North West Corner of Wood and H Street in the Amount of $41,411.74 Funded by Storm Drain Capital Facilities Fund 349
I. BACKGROUND / DISCUSSION
Wood Basin is a crucial storm basin that serves a south central portion of the city. As part of a plan to convey storm water from neighborhoods around the High School and south and east of the High School, Wood Basin is in need of additional capacity due to other up stream improvements which contributed to direct flows to the basin. In order to add the extra capacity, Wood Basin will be fitted with three dry wells. These wells are common and can be found in many other cities in Stanislaus County. A dry well is essentially a French Drain installed vertically instead of horizontally. The advantage to this type of installation takes advantage of permeable strata under the surface which provides an ability for water percolation at favorable rates. A dry well generally consists of a 42-inch diameter 12-foot-deep pipe and a 12-inch diameter perforated pipe in the center, drilled and installed to 40 feet minimum. The area between the 42-inch pipe and 12-inch pipe is filled with pea gravel.
Three of these dry well assemblies will be installed in the basin. They will be connected together with piping so that they work together.
In the future and the next phase of the project will include a direct storm drain pipe from the basin to a trunk storm line in Oak near the corner of Oak and H Street. This is currently out to bid, and staff plans to present this phase at the next City Council meeting.
AGENDA ITEM 11.3
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Emergency Repair on Wood Basin
MEETING DATE: September 5th, 2023
Of the two contractors that perform this type of work, Applegate Drilling had a gap in their work load calendar which staff wanted to take advantage as the next storm season is rapidly approaching. The dry wells will also be connected by a 6-inch pipe running across all three well locations in the basin, allowing the load to be split evenly across all wells. These wells should be complete and functional by September 8th.
II. FISCAL IMPACT
The cost to install each well is $12,970.58 per well. A $2,500 cost to trench and install a 6-inch well connecting pipe will be included bringing the grand total to $41,411.74 for all three wells and the connecting pipe. The funds for this project will be pulled from the Storm Drain Capital Facilities Fund 349.
III. RECOMMENDATION
Staff recommends considering a resolution authorizing the City Manager to execute an agreement with Applegate Drilling for time sensitive storm water facility work in Wood Basin located at the north west corner of Wood and H Street in the amount of $41,411.74 funded by Storm Drain Capital Facilities Fund 349.
IV. ATTACHMENTS
Attachment A: Draft City Council Resolution 2023-___
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
RESOLUTION 2023-___
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH APPLEGATE DRILLING FOR TIME
SENSITIVE STORM WATER FACILITY WORK IN WOOD BASIN
LOCATED AT THE NORTH WEST CORNER OF WOOD AND H
STREET IN THE AMOUNT OF $41,411.74 FUNDED BY STORM
DRAIN CAPITAL FACILITIES FUND 349.
WHEREAS, Wood Basin is a crucial storm basin that serves a portion of the city. As part of a plan to convey storm water from neighborhoods around the High School and south and east of the High School, Wood Basin is need of additional capacity due to increased flows to the basin; and,
WHEREAS, in order to add the extra capacity, Wood Basin will be fitted with three dry wells. These wells are common and can be found in many other cities in Stanislaus County. A dry well generally consists of a 42-inch diameter 12-foot-deep pipe and a 12-inch diameter perforated pipe in the center, drilled and installed to 40 feet. The area between the 42-inch pipe and 12-inch pipe will be filled with pea gravel; and,
WHEREAS, of the two contractors that perform this type of installation work, Applegate Drilling had a gap in their work load calendar which staff wanted to take advantage as the next storm season is rapidly approaching; and, WHEREAS, the cost to install each well comes out to $12,970.58 per well and a $2,500 cost will be included to trench and install the 6-inch connecting pipe between the wells, bringing the grand total to $41,411.74; and, WHEREAS, the funds for this project will be pulled from the Storm Drain Capital Facilities Fund 349; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oakdale does hereby adopt a resolution authorizing the City Manager to execute an agreement with Applegate Drilling for time sensitive storm water facility work in Wood Basin located at the north west corner of Wood and H Street in the amount of $41,411.74 funded by Storm Drain Capital Facilities Fund 349.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 5TH DAY OF SEPTEMBER, 2023, by the following vote:
AYES: COUNCIL MEMBERS: ( )
NOES: COUNCIL MEMBERS: ( )
ABSENT: COUNCIL MEMBERS: ( )
ABSTAINED: COUNCIL MEMBERS: ( )
CITY OF OAKDALE
City Council Resolution 2023-XX
SIGNED:
Cherilyn Bairos, Mayor
ATTEST:
Rouzé Roberts, City Clerk
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: September 5, 2023
To: City Council
From: Jerry Ramar, Chief of Police
Subject: Proposed Changes to Massage Ordinance for Enhancing Police Department's Ability to Regulate Massage Establishments to Combat Human Trafficking
I. Executive Summary:
This staff report proposes amendments to the existing massage ordinance to grant additional regulatory and monitoring abilities to the Police Department. The aim is to strengthen measures against human trafficking within massage establishments operating within our city. This proposed change will empower law enforcement management to take proactive steps in combatting such illicit activities.
Human trafficking is an abhorrent crime that leaves devastating effects on its victims and communities. It is an exploitative crime that often occurs within the massage industry.
Victims, often forced or coerced into labor, suffer physical and emotional harm while their perpetrators profit from their misery. The city has a responsibility to protect vulnerable individuals and ensure the safety and well-being of its community. This can be achieved by taking strong measures to prevent, detect, and respond to human trafficking within massage establishments.
The proposed changes aim to foster increased cooperation between lawful massage establishments and law enforcement agencies. Establishing clear guidelines and reporting mechanisms will enable effective information sharing and strengthen the collective effort to combat human trafficking.
II. Background
Adopting amendments to Sections 19-123 through 134 (Oakdale Massage Establishment Regulations) of Article VIII of Chapter 19 of the Oakdale City Code related to Massage Establishment Regulations is intended to provide a more efficient and effective regulatory process with necessary legal updates for the management of Massage Establishments in the City of Oakdale. The recommended updates to the City Code bring the Message Establishment Regulations current with best practices throughout California. The amendment aims to enact massage business practice mandates that reduce illegal activity in and in association with massage businesses, including human trafficking. The proposed update is based on current laws and best practices. The CAMTC certification requirement applies to those individuals and businesses obtaining a massage business AGENDA ITEM 11.4
CITY OF OAKDALE
City Council Staff Report (continued)
SUBJECT: Proposed Changes to Ordinance Amending Article VIII of Chapter 19 of the Oakdale City Code MEETING DATE: September 5th, 2023
license after November 1, 2023. The remaining business requirements apply to all massage businesses.
III. Discussion
Before 2009, individual municipalities, not the State of California, were responsible for regulating massage businesses and professionals. In 2009, the California State Legislature passed the California Massage Therapy Law or Senate Bill 731. This legislation established the California Massage Therapy Council (CAMTC), a nonprofit entity charged with issuing voluntary permits to all massage therapists in the state. The law also significantly limited cities’ regulatory authority over massage businesses.
Subsequently, the City of Oakdale amended its massage ordinance to comply with SB 731 and to require all massage practitioners working in the City of Oakdale to obtain an Operators Permit and/or Massage Technician Permit from the Chief of Police. This Ordinance, which is currently in effect, did not require massage practitioners to have CAMTC permits to obtain an operator permit and/or Massage Technician Permit to practice in the City of Oakdale.
2014, the state legislature enacted AB 1147, returning authority to cities and counties to regulate the massage industry. Under AB 1147, cities and counties have increased authority to regulate the massage industry. The new legislation allows the CAMTC to continue to certify massage practitioners while empowering local governments to exercise land use control and impose operating standards and permit, licensing, and certification requirements on massage businesses.
Key provisions of the proposed amended Ordinance are as follows:
• This ordinance will not affect businesses that are currently in business with valid business licenses.
• Massage businesses must obtain a “Massage Registration Certificate” (Certificate) verifying that a massage business consists of only CAMTC State-certified massage practitioners. The CAMTC certification requirement applies to those individuals and businesses obtaining a massage business permit after November 1, 2023.
o The Police Department may collect important information, including names of all business owners, employees, independent contractors, and any massage business owner not certified by the CAMTC of state or local law. • No Massage Registration Certificate may be issued for a business at a fixed location if that location was previously used by another massage business that has a suspended or revoked registration, has received a notice of suspension, or has outstanding fines issued under the terms of the ordinance.
CITY OF OAKDALE
City Council Staff Report (continued)
SUBJECT: Proposed Changes to Ordinance Amending Article VIII of Chapter 19 of the Oakdale City Code MEETING DATE: September 5th, 2023
• All massage businesses in the City must comply with operating standards addressing issues such as hours of operation, cleanliness, attire, and advertising to ensure health and safety and prevent illegal activities, including but not limited to the following:
1. Hours of operation are limited to 7:00 a.m. to 9:00 p.m., with no massage from 9:00 p.m. to 7:00 a.m.
2. Maintain written records of services provided.
3. No curtains, blinds, or other material shall obstruct or blur any windows from the street looking into the reception area of a massage business.
4. No massage business shall allow any person to reside within the business or any structures owned, leased, or controlled by the business. This provision is intended to reduce the likelihood of human trafficking. • The Police Chief and Community Development Director may issue administrative fines for violation of the ordinance. Fines may be appealed to the City Manager.
1. The Police Chief may suspend or revoke a Certificate if specified violations are found.
2. A Certificate may not be issued for a location if another Certificate for that location is currently under suspension, was revoked within the last year, or has outstanding administrative fines.
3. Suspensions and revocations of Certificates may be appealed to the City Manager. The decision of the City Manager is final, with no further right to appeal or reconsideration.
4. No reapplication for the Certificate within one year of revocation.
5. Massage businesses operating contrary to the Ordinance are declared a public nuisance.
6. The proposed ordinance also exempts specific individuals or businesses such as medical professionals, barbers, beauticians, hospitals, sports trainers, and massages at a single event such as a health fair.
It is the Staff’s recommendation, in accordance with best practices, and to assist with managing massage establishments more efficiently, Article VIII of Chapter 19 of the Oakdale City Code, related to Oakdale Massage Establishment Regulations, be amended by replacing the language in Sections 19-123 through 19-134 with the
CITY OF OAKDALE
City Council Staff Report (continued)
SUBJECT: Proposed Changes to Ordinance Amending Article VIII of Chapter 19 of the Oakdale City Code MEETING DATE: September 5th, 2023
proposed language listed in the attached proposed Ordinance when brought before City Council at the next meeting.
The language to be removed is indicated with a line striking the items to remove. The new proposed language is marked with italics and underlined. Sections 19-135 to 19-138 will be reserved for future legislation.
The staff believes that the amendments to the ordinance are the most efficient and effective way to combat illicit activity within massage establishments. These amendments will mitigate illicit activity, saving time and money by acting proactively at the beginning of the process to prevent crime instead of interrupting it during or after it has occurred.
IV. Environmental Review
The Ordinance does not constitute a project subject to review under the California Environmental Quality Act (“CEQA”). The Ordinance will not result in any direct or indirect environmental impacts.
V. Fiscal Impacts
The proposed Ordinance is not anticipated to financially impact the City’s budget. The City of Oakdale’s Master Fee Schedule establishes the fee for registering a massage business in the City. It does not exceed the reasonable cost of staff time in reviewing a new application.
VI. Recommendation
The staff has no recommendations at this time, and this item requires no action. This is for informational purposes only at this time. The staff will have recommendations at the next City Council meeting on September 18, 2023.
VII. Attachments
Attachment A: Proposed Ordinance (with lineouts)
Attachment B: Proposed Ordinance (without lineouts)
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
OAKDALE AMENDING ARTICLE VIII OF CHAPTER 19 OF
THE OAKDALE CITY CODE RELATING TO THE
REGULATION OF MASSAGE BUSINESSES.
The CITY COUNCIL OF THE CITY OF OAKDALE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT OF CODE: Article VIII of Chapter 19 of the Oakdale City Code is hereby amended to read as follows:
Article VIII. Oakdale Massage Establishment Regulations.
This article shall be known as the "Oakdale Massage Establishment Regulations." Sec. 19-123. Findings and purpose.
The city council finds and declares as follows:
(a) The permit requirements and restrictions imposed by this article are reasonably necessary to protect the health, safety and welfare of the citizens of the City of Oakdale; (a) In enacting this chapter, the City Council recognizes that commercial massage therapy is a professional pursuit, which can offer the public valuable health and therapeutic services. The City Council further recognizes that, unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. Accordingly, it is the purpose and intent of this chapter to protect the public health, safety, and welfare by providing for the orderly regulation of businesses providing massage therapy services, discouraging prostitution and related illegal activities carried on under the guise of massage therapy, and establishing certain sanitation, health, and operational standards for massage businesses.
(b) The City of Oakdale is authorized, by virtue of the California Constitution and Government Code section 51030 et seq., to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and massage technicians and reasonable conditions on the operation of massage establishments;
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
(b) Furthermore, it is the purpose and intent of this chapter to address the negative impacts identified in the City Council’s findings to reduce or prevent neighborhood blight and to protect and preserve the quality of City neighborhoods and commercial districts; and to enhance enforcement of criminal statutes relating to the conduct of operators and employees of massage businesses.
(c) There is a significant risk of injury to massage clients by improperly trained and/or educated massage technicians and this article provides reasonable safeguards against injury and economic loss;
(c) It is the Council’s further purpose and intent to rely upon the uniform statewide regulations applicable to massage practitioners and establishments that were enacted by the State Legislature in 2008 as Business and Professions Code Sections 4600 et seq. by Senate Bill 731, and amended in 2011 by Assembly Bill 619 and in 2014 by Assembly Bill 1147, to restrict the commercial practice of massage in the City to those persons duly certified to practice by the California Massage Therapy Council and to provide for the registration and regulation of massage businesses for health and safety purposes to the extent allowed by law.
(d) There is opportunity for acts of prostitution and other unlawful sexual activity to occur in massage establishments. Courts have long recognized that massage is a pervasively regulated activity and that massage establishments are often brothels in disguise. The establishment of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity without significantly burdening legitimate businesses;
(e) The restrictions and requirements contained in this article reduce the burdens on the police department and permit the deployment of police personnel such that more serious crimes may be prevented and more important laws enforced; and (f) The regulations and restrictions contained in this article tend to discourage massage establishments from degenerating into houses of prostitution and the means utilized in this article bear a reasonable and rational relationship to the goals sought to be achieved. (Ord.
No. 1151)
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
Sec. 19-124. Definitions.
Unless the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article.
(a) "Bath" shall mean the giving or furnishing of Russian, Finnish, Swedish, hot air, vapor, electric, cabinet, mineral, sweat, salt, Japanese, sauna, or fomentation bath, or bath of any kind whatever, excluding ordinary bath tubs or showers where an attendant is not required. "Bath" shall also include any form of body shampoo. (a) “Business” includes, but not by way of limitation, everything about which a person can be employed, and means that which occupies the time, attention, and labor of men and women for the purpose of producing a livelihood or profit, and connotes the efforts of men and women by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this chapter shall include, without limitation, the advertising and soliciting of massages. The term “business” includes, but is not limited to, a massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship, as well as a massage establishment, which employs massage practitioners and therapists. (b) "City manager" shall mean the City manager of the City of Oakdale or his or her designated representative.
(c) "City council" shall mean the City Council of the City of Oakdale. (c) “California Massage Therapy Council” or “CAMTC” means the massage therapy organization formed pursuant to Business and Professions Code Section 4600.5. (d) "Conviction," "convicted" shall mean a plea or verdict of guilty or a conviction following a plea of nolo contendere.
(d) “Certified massage practitioner” means any individual certified by the California Massage Therapy Council as a certified massage therapist or as a certified massage practitioner pursuant to California Business and Professions Code Sections 4600 et seq.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
(e) "Employ" shall include contracting with independent contractors. (e) “Client” means the customer or patron who pays for or receives massage services. (f) "Employee" shall include independent contractors.
(f) “Employee” means any person employed by a massage business who may render any service to the business, and who receives any form of compensation from the business. (g) "Health department" shall mean the Stanislaus County Health Care Services. (g) “Health Officer” means the person appointed by the City of Oakdale pursuant to the California Health and Safety Code or his or her authorized representatives or designees. (h) "Manager" shall mean the person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day-today operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an operator. A massage technician permit is not required to qualify as a manager. A manager may not perform any massage services without first meeting the standards and qualifications of section 19-128 and obtaining a technician permit.
(h) “Compensation” means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
(i) "Massage" shall mean any method of treating the external parts of the body for remedial, hygienic, relaxation or any other reason or propose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powders, creams, ointment or other similar preparations commonly used in this practice.
(i) “Massage” or “massage therapy,” means and refers to any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of
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compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. (j) "Massage establishment" shall mean any business conducted within the City of Oakdale where any person, firm, association, partnership, corporation or combination thereof engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, administration to another person of a massage or health treatment involving massage.
(j) “Massage business,” means any business that offers massage therapy in the City of Oakdale in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through outcall massage services. Any business that offers any combination of massage therapy and bath facilities—including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs—shall be deemed a massage business under this chapter. The term “massage business” includes a certified massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship.
(k) "Massage technician" shall mean any person who administers to another person a massage within a massage establishment in exchange for anything of value whatsoever. (k) “Outcall massage” means the engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth in the massage business’s City registration certificate.
(l) "Operator" or “massage business operator” shall mean any and all owners of a massage business. persons who have an ownership interest in the massage establishment and are responsible for its day-to- day operations.
(m) "Person" shall mean any individual, corporation, partnership, association or other group or combination thereof acting as an entity.
(m) “City registration certificate” means a registration certificate issued by the Chief of Police
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upon submission of satisfactory evidence that a massage business employs or uses only certified massage practitioners pursuant to this chapter. (n) "Police c Chief" shall mean the Police Chief of the City of Oakdale or his or her designated representative. authorized representatives or designees. (o) "Police department" shall mean the Police Department of the City of Oakdale. (o) “Owner” or “massage business owner” means any of the following persons:
(1) Any person who is a general partner of a general or limited partnership that owns a massage business.
(2) Any person who has five percent or greater ownership interest in a corporation that owns a massage business.
(3) Any person who is a member of a limited liability company that owns a massage business.
(4) Any person who has a five percent or greater ownership interest in any other type of business association that owns a massage business. (p) "Qualified massage educational program" shall mean an educational program, class or course primarily focused on the theory, ethics, practice, profession or work of massage and meeting one of the following criteria:
(1) Provided by a recognized school of massage;
(p) “School of massage” means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2, Chapter 10.5, as currently drafted or as may be amended.
(q) “Person” means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals. (r) “Practitioner” or “massage practitioner” shall be used interchangeably and mean any person who administers massage to another person, for any form of consideration (whether for the massage, as part of other services or a product, or otherwise). (s) “Reception and waiting area” means an area immediately inside the front door of the massage business dedicated to the reception and waiting of patrons of the massage
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business and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.
(t) “Registration” means the registration required by this chapter to operate a massage business.
(u) “Sole proprietorship” means and includes any legal form of business organization where the business owner (sometimes referred to as the “sole proprietor”) is the only person employed by that business to provide massage services.
(v) “Solicit” means to request, ask, demand or otherwise arrange for the provision of services.
Sec. 19-125. Operator permit required. CAMTC CERTIFICATION AND LOCAL REGISTRATION REQUIRED.
No person shall operate a massage establishment within the city without first obtaining an operator permit pursuant to section 19-126 and section 19-127 and securing the necessary business license as set forth in the Oakdale Municipal Code. (Ord. No. 1151) (a) Individuals. It shall be unlawful for any individual to practice massage therapy for compensation as a sole proprietorship or employee of a massage business or in any other capacity within the City of Oakdale unless that individual is a certified massage practitioner through the CAMTC or possesses a current valid noncertified massage business permit obtained prior to November 1, 2023, under the previous massage ordinance.
(b) Businesses. It shall be unlawful for any business to provide massage for compensation within the City of Oakdale unless all individuals employed by the massage business to perform massage, whether as an employee, independent contractor, or sole proprietorship, are certified massage practitioners through CAMTC or possess a current valid noncertified massage business permit obtained prior to November 1, 2023, under the previous massage ordinance, and said business has obtained a valid City registration certificate as provided in this chapter.
Sec. 19-126. Application for operator permit. MASSAGE BUSINESS REGISTRATION.
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(a) Any person seeking an operator permit for a massage establishment shall file a written application on the required form with the police chief. The application shall be accompanied by the appropriate filing fee established by resolution of the city council.
The application shall be completed and signed by the operator, or authorized representative thereof, of the proposed massage establishment. The permit application does not authorize the operation of a massage establishment unless and until such permit has been properly granted. Application. The registration application for a City registration certificate shall include contain or be accompanied by all of the following information:
(1) The type of ownership of the business. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and the names and residential addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. A corporate or partnership applicant shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required for an individual applicant under this article, but only one application fee shall be charged; (2)(1) The precise Legal name under which the massage establishment is to be conducted; of the massage business.
(3)(2) The complete a Address and all telephone numbers of the massage establishment; business.
(4)(3) A complete and current list of the Legal names and residential addresses of all proposed massage technicians and employees in the massage establishment and the name and residential addresses of the manager(s) proposed to be principally in charge of the operation owners of the massage establishment; business.
(5)(4) The proposed hours of operation A list of all of the massage business’s employees and independent contractors who are performing massage and their CAMTC certification. establishment, provided such establishment is not open between the hours of ten p.m. and six a.m., No massage appointment will be scheduled after nine p.m.
(6)(5) A description list of all of the massage any other business’s employees and independent contractors who are performing massage and their CAMTC
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certification. operated on the same premises or within the City of Oakdale or the State of California which is owned or operated by the applicant; (6) Business address and telephone number of all owners of the massage business. (7) The following personal information concerning the applicant: form of business under which the massage business will be operating (i.e. corporation, general or limited partnership, limited liability company, or other form). a. Full complete name and all aliases used by the applicant; b. Current address and telephone number and all previous residential addresses for eight years preceding the date of the application; c. Acceptable proof that the applicant is at least eighteen years of age; d. Height, weight, color of hair and eyes and gender;
e. Two front-faced portrait photographs at least two inches by two inches in size;
f. The applicant's complete business, occupation and employment history for the eight years preceding the date of the application, including, but not limited to, massage or similar business history and experience of the applicant;
g. The complete massage permit history of the applicant: whether such person has ever had any permit or license, issued by any agency, board, city, county territory or state; the date of issuance of such a permit or license; or whether the permit or license was denied, revoked or suspended and the reasons therefor;
h. All criminal convictions, including pleas of nolo contendre, within the last eight years, including those dismissed or expunged pursuant to Penal Code section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and explanation thereof; i. A complete set of fingerprints taken by the police department; (8) The name and address of the owner and lessor of the real property upon which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property;
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(8) Each owner operator of the massage business who is not a CAMTC-certified massage practitioner shall submit an application for a background check, including the following: the individual’s business, occupation, and employment history for the five years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage business or similar business owned or operated by the individual whether inside or outside the County of Stanislaus and its incorporated cities.
(9) Authorization for the city, its agents and employees to seek verification of the information contained in the application; For all owners, a valid and current driver’s license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.
(10) Such other identification and information as the police chief may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application; For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business’s employees or independent contractors providing massage services; and acknowledging that failure to comply with the California Business and Professions Code Sections 4600 et seq., and local, state, or federal law, or the provisions of this chapter may result in revocation of the business’s City registration certificate. (b) Issuance. Upon provision by the massage business of the foregoing documentation, the Chief of Police shall issue the massage business a City registration certificate, which shall be valid for two years from the date of issuance. No reapplication will be accepted within one year after an application or renewal is denied, or a certificate is revoked. City registration certificates shall not be issued to a massage business seeking to operate at a particular location if:
(1) Another massage business is or was operating at that particular location, and that massage business is currently serving a suspension or revocation pursuant to Section 19-133, during the pendency of the suspension or one year following revocation;
(2) Another massage business is or was operating at that particular location and that massage business has received a notice of suspension, revocation, or fine issued pursuant to Sections 19-132 and 19-133, during the 10-day period
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following receipt of the notice or while any appeal of a suspension, revocation or fine is pending.
(3) Another massage business is or was operating at that particular location, and that massage business has outstanding fines issued pursuant to Section 19- 132 that have not been paid.
(c) Amendment. A massage business shall apply to the City to amend its City registration certificate within 30 days after any change in the registration information, including, but not limited to, the hiring or termination of certified massage practitioners, the change of the business’s address, or changes in the owner’s addresses and/or telephone numbers. (d) Renewal. A massage business shall apply to the City to renew its City registration certificate at least 30 days prior to the expiration of said City registration certificate. If an application for renewal of a City registration certificate and all required information is not timely received and the certificate expires, no right or privilege to provide massage shall exist.
(e) Fees. There shall be no fee for the registration application or certificate, or any amendment or renewal thereof. The provisions of this section shall not prevent the City from establishing fees for safety inspections as may be conducted from time to time by the Chief of Police, and for the background checks, fingerprinting, and subsequent arrest notification for owners of a massage business who are not CAMTC-certified and who are subject to such background checks pursuant to this chapter. There are certain fees for appeals, as described below.
(f) Transfer. A City registration certificate shall not be transferred except with the prior written approval of the Chief of Police. A written request for such transfer shall contain the same information for the new ownership as is required for applications for registration pursuant to this section. In the event of a denial, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail. A City registration certificate may not be transferred during any period of suspension or one year following revocation pursuant to Section 19-133, during the 10-day period following a massage business’s receipt of a notice of suspension, revocation, or fine issued pursuant to Sections 19-132 and 19- 133 or while any appeal of a suspension, revocation or fine is pending. Further, a City registration certificate may not be transferred until all outstanding fines issued pursuant to Section 19-132 have been paid.
(11) A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct;
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(12) Statements in writing and dated by the applicant and the applicant's designated manager(s) certifying under penalty of perjury that they; a. Have received a copy of this article;
b. Understand its contents; and
c. Understand the duties of an operator or manager, respectively, as provided in this article;
(b) If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the police department of such change in writing within ten business days thereafter. (Ord. No. 1151) Sec. 19-127. Operator permit issuance and denial. OPERATING REQUIREMENTS.
No person shall engage in, conduct, carry on, or permit any massage within the City of Oakdale unless all of the following requirements are met:
(a) Upon receipt of a complete permit application, the police chief shall conduct an investigation to ascertain whether such permit should be issued as requested. The police chief shall, within sixty days of receipt of an application, approve, conditionally approve or deny the application. The sixty-day period may be extended for up to thirty additional days, if necessary, to complete the investigation. The police chief shall issue such permit as requested, unless he or she makes any of the following findings:
(a) CAMTC certification shall be worn by and clearly visible on the massage practitioner’s person during working hours and at all times when the massage practitioner is inside a massage business or providing outcall massage.
(1) The applicant, or any officers, directors or partners, or any person directly engaged or employed in the massage establishment, has within the eight years preceding the date of the application:
a. Been convicted of a violation of Penal Code sections 266, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 314, 315, 316, 318, 647(a), 647(b) or 647(d) or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code section 290 or when the prosecution accepted a plea of guilty or nolo contendre to a charge of a violation of Penal Code section 415 or any lesser included or lesser related offense in satisfaction of, or as a substitute of, any of the previously listed crimes;
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b. Been convicted of a violation of Health & Safety Code section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health & Safety Code sections 11054, 11055, 11056, 11057 or 11058;
c. Been convicted of any offense in any other state which is the equivalent of any of the above-mentioned offenses;
d. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Penal Code section 11225 et seq. or any similar provisions of law in a jurisdiction outside the State of California;
e. Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of an operator;
f. Has had an operator or massage technician permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any city, county or state;
(2) The applicant has made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process.
(3) The application does not contain all of the information required by section 19- 126.
(4) The massage establishment, as proposed by the applicant, does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards.
(5) The applicant has not satisfied the requirements of this article in the time specified.
(6) If the application is denied for failure to comply with subsections (2) or (3) above, the applicant may not reapply for a period of six months from the date the application was denied.
(b) All operators and managers shall comply with the following conditions to the operator permit and any other reasonable conditions imposed by the police chief:
(b) Massage shall be provided or given only between the hours of 7:00 a.m. and 9:00 p.m.
No massage business shall be open and no massage shall be provided between 9:00 p.m. and 7:00 a.m. A massage commenced prior to 9:00 p.m. shall nevertheless
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terminate at 9:00 p.m., and, in the case of a massage business, all clients shall exit the premises at that time. It is the obligation of the massage business to inform clients of the requirement that services must cease at 9:00 p.m.
(1) Prohibited massage areas. Except to the extent required, in writing, by a statelicensed medical practitioner, no massage technician shall massage the genitals or anal area of any patron or the breast(s) of any female patron, nor shall any operator or manager of a massage establishment allow or permit such massage.
No operator or manager, while performing any task or service associated with the massage establishment, shall be present in any room with another person unless the person's genitals, anus are fully covered.
(2) Names. No operator granted a permit pursuant to this section shall use any name or conduct business under any designation not specified in his or her permit.
(3) Manager/operator available to respond within thirty minutes to the premises. The manager/operator of the massage establishment is not required to be on the premises at all times during hours of operation. However, if the manager/operator cannot respond within thirty minutes, the manager/operator(s) shall file a statement with the police chief designating the person with power to act as a manager who is available to respond within thirty minutes. The operator shall also file with the police chief a statement, signed and dated by each manager designated after permit issuance, certifying under penalty of perjury that they:
a. Have received a copy of this article;
b. Understand its contents; and
c. Understand the duties of a manager as provided in this article. (4) Licensed massage technician on premises. During the hours of operation, the massage establishment shall have at least one massage technician holding a current valid massage technician permit for the specific establishment on the premises.
(5) Operator/manager responsibility. The operator and on-duty manager shall be responsible for the conduct of all employees while the employees are on the licensed premises. An act or omission of any employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator for purposes of determining whether the operator permit shall be revoked, suspended, denied or renewed.
(6) Licensed massage technicians. The operator or manager shall not employ any person as a massage technician who does not have a valid massage technician
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permit issued pursuant to this article. The operator shall report to the police chief any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the police chief. The report shall contain the name of the employee and the date of hire or termination.
The report shall be made within five days of the date of hire or termination. The operator shall deliver the permit and photo identification card of any massage technician no longer employed by the operator to the police chief within five days of employment termination. The operator/manager shall notify the Oakdale Police Department if it is not possible to retrieve the technician's permit. (7) Insurance. No person shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the police chief, in full force and effect at all times, documents issued by an insurance company authorized to do business in the State of California evidencing that the operator is insured under a liability insurance policy providing minimum coverage of five hundred thousand dollars for injury or death arising out of the operation of the massage establishment and/or the administration of a massage. Each operator shall provide the police chief with evidence of insurance within forty-five days of the date of issuance of the permit.
(8) Compliance with Code. The operator shall comply with all provisions of this article and any applicable provisions of the Oakdale Municipal Code. (9) Inspections and searches. By applying for a permit, the operator consents to the inspection of the massage establishment by city's building department, police department, and the fire department and Stanislaus County Health Department for the purpose of determining that the provisions of this article or other applicable laws or regulations are met. The operator consents to the inspection of the occupied massage rooms by a member of the Oakdale Police Department dressed in plainclothes for the purpose of determining that the provisions of this article are met upon occurrence of any of the conditions described in Article VIII, which would require the posting of the Notice to All Patrons. The member shall knock, announce his presence, and request that the technician answer the door.
The technician shall exit the room within a reasonable period of time. (Ord. No. 1151)
(c) A list of the services available and the cost of such services shall be posted in the reception area within the massage premises, and shall be described in readily understandable language. Outcall service providers shall provide such a list to clients in advance of performing any service. No owner, manager, operator, or responsible managing employee shall permit, and no massage practitioner shall offer or perform, any service other than those posted or listed as required herein, nor shall an operator or a massage practitioner request or charge a fee for any service other than those on the list of services available and posted in the reception area or provided to the client in advance of any outcall services.
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(d) A copy of the CAMTC certificate of each and every massage practitioner employed in the business shall be displayed in the reception area or similar open public place on the premises. CAMTC certificates of former employees and/or contractors shall be removed as soon as those massage practitioners are no longer employed by or offering services through the massage business.
(e) For each massage service provided, every massage business shall keep a complete and legible written record of the following information: the date and hour that service was provided; the name and telephone number of each client; the service received; the name or initials of the employee entering the information; and the name of the massage practitioner administering the service. Such records shall be open to inspection and copying by police officers, enforcement officials, or other City officials charged with enforcement of this chapter. These records may not be used by any massage practitioner or operator for any purpose other than as records of service provided and may not be provided to other parties by the massage practitioner or operator unless otherwise required by law. Such records shall be retained on the premises of the massage business for a period of two years and be immediately available for inspection during business hours.
(f) Massage businesses shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one client unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.
(g) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Officer. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the Health Officer. All walls, ceilings, floors, and other physical facilities for the business must be in good repair, and maintained in a clean and sanitary condition.
(h) Instruments utilized in performing massage shall not be used on more than one client unless they have been sterilized, using approved sterilization methods.
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(i) All massage business operators and their employees, including massage practitioners, shall wear clean, non-transparent outer garments. Said garments shall not expose their genitals, pubic areas, buttocks, or chest, and shall not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest. For the purposes of this section, outer garments means a garment worn over other garments and does not include garments like underwear, bras, lingerie or swimsuits.
(j) No person shall enter, be, or remain in any part of a massage business while in possession of an open container of alcohol, or consuming or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, or manager shall not permit any such person to enter or remain upon such premises.
(k) No massage business shall operate as a school of massage, or use the same facilities as that of a school of massage.
(l) No massage business shall place, publish or distribute, or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to Section 19-127(c), nor shall any massage business employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this chapter. (m) No massage shall be given unless the client’s genitals are, at all times, fully covered. A massage practitioner shall not, in the course of administering any massage, make physical contact with the genitals or private parts of any other person, regardless of whether the contact is over or under the person’s clothing. (n) Where the business has staff available to assure security for clients and massage staff are behind closed doors, the entry to the reception area of the massage business shall remain unlocked during business hours when the business is open for business or when clients are present.
(o) No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view
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into the premises. For the purpose of this subsection, there is an irrebuttable presumption that the visibility is impermissibly blocked if more than 10 percent of the interior reception and waiting area is not visible from the exterior window. (p) All signs shall be in conformance with the current ordinances of the City of Oakdale. (q) Minimum lighting consisting of at least one artificial light of not less than 450 lumens shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present. (r) Ventilation shall be provided in accordance with applicable building codes and regulations.
(s) Hot and cold running water shall be provided at all times. (t) Adequate dressing, locker and toilet facilities shall be provided for clients. (u) A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin. (v) All massage businesses shall comply with all state and federal laws and regulations for handicapped clients.
(w) A massage practitioner shall operate only under the name specified in his or her CAMTC certificate. A massage business shall operate only under the name specified in its City registration certificate.
(x) No massage business shall allow any person to reside within the massage business or in attached structures owned, leased or controlled by the massage business. (y) Other than custodial or maintenance staff, no persons shall be permitted within the premises of a massage business between the hours of 11:00 p.m. and 6:00 a.m.
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Sec. 19-128. Massage technician permit. INSPECTION BY OFFICIALS.
No person shall perform or administer a massage or advertise to provide massage services in the City of Oakdale, unless such person has in effect a valid massage technician permit issued pursuant to, and complies with the requirements of, section 19-129 and section 19-130 of this article.
The investigating and enforcing officials of the City of Oakdale, including, but not limited to, the police, Health Officer and Director of Building and Planning, or their designees, shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and with the provisions of this chapter. The massage business may be charged a fee for any safety inspections.
Sec. 19-129. Application for massage technician permit. NOTIFICATIONS. (a) Any person seeking a massage technician permit shall file a written application on the required form with the police chief. The application shall be accompanied by the appropriate filing fee established by resolution of the city council. The application shall contain the following information:
(a) A massage business shall notify the Chief of Police of any changes described in Section 19-126 pursuant to the timelines specified therein. (1) A statement of the exact location at which the applicant will be working as a massage technician, including the full street address and all telephone numbers associated with the location. Massage technicians who provide services to patrons at a residence, business, or other location shall maintain a current ledger that, at a minimum, provides information on the date and time of the appointment, the length of time at the appointment, and the address where the service was provided. The patron's name and other personal information shall be omitted from the ledger. Massage technicians shall keep their ledgers for a period of not less than two years. The ledger will be subject to inspection by the Oakdale Police Chief or designee upon request.
(2) The following personal information of the applicant:
a. Full complete name and all aliases used by the applicant; b. Current address and telephone number and all previous residential addresses for the eight years preceding the date of the application;
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c. Acceptable written proof that the applicant is at least eighteen years of age;
d. Height, weight, color of hair and eyes and gender;
e. Two front-faced portrait photographs at least two inches by two inches in size;
f. The business, occupation and employment history of the applicant for the eight years immediately preceding the date of the application; g. The complete massage permit history of the applicant: whether such person has ever had any permit or license, issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license; or whether the permit or license was denied, revoked or suspended and the reasons therefor;
(3) All criminal convictions, including pleas of nolo contendere, within the last eight years, including those dismissed or expunged pursuant to Penal Code section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and explanation thereof;
(4) A complete set of fingerprints taken by the police department; (5) Authorization for the city, its agents and employees to seek verification of the information contained in the application;
(6) Such other identification and information as the police chief may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application;
(7) A statement in writing and dated by the applicant certifying under penalty of perjury that all information contained in the application is true and correct; (8) A statement in writing and dated by the applicant certifying under penalty of perjury that he or she:
a. Has received a copy of this article;
b. Understands its contents; and
c. Understands the duties of a massage technician as provided in this article.
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STATE OF CALIFORNIA
ORDINANCE 1285
(9) An original or certified copy of a diploma or certificate and certified transcript of graduation for completion of two hundred fifty hours of instruction from a qualified massage educational program.
a. The police chief may consider an applicant's study of massage completed outside the State of California if proof of completion from a formalized course of study in massage practice, anatomy and/or physiology is provided with the application. Proof of completion shall include dates of study and the name, address and phone number of the school attended. b. Any out-of-state course of study submitted for approval shall meet the State of California's Office of Post-Secondary Education's minimum requirements and be for completion of two hundred fifty hours of onpremises training. (b) If, during the term of a permit, a permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the police department of such change in writing within ten business days thereafter. (Ord. No. 1151)
(b) A registrant shall report to Chief of Police any of the following within 96 hours of the occurrence:
(1) Arrests of any employees or owners of the registrant’s massage business for an offense other than a misdemeanor traffic offense;
(2) Resignations, terminations, or transfers of practitioners employed by the registrant’s massage business;
(3) Any event involving the registrant’s massage business or the massage practitioners employed therein that constitutes a violation of this chapter or state or federal law.
(c) This provision requires reporting to the Chief of Police even if the massage business believes that the Chief of Police has or will receive the information from another source.
Sec. 19-130. Massage technician permit issuance and denial. EXEMPTIONS.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:
(a) Upon receipt of a complete permit application, the police chief shall conduct an investigation to ascertain whether such permit should be issued as requested. The police chief shall approve, conditionally approve or deny the application within sixty days of the filing of an application. The sixty-day period may be continued for up to thirty additional days, if necessary, to complete the inspection. The police chief shall issue such permit as requested, unless he or she makes any of the following findings:
(a) Physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person. (1) The applicant has within eight years preceding the date of the application been convicted of any of the following:
a. A violation of Penal Code sections 266, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 314, 315, 316, 318, 647(a), 647(b) or 647(d) or that the applicant is required to register under the provisions of Penal Code section 290 or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of Penal Code section 415 or any lesser included or lesser related offense in satisfaction of, or as a substitute for, any of the previously listed crimes;
b. A violation of Health & Safety Code section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health & Safety Code sections 11054, 11055, 11056, 11057 or 11058; or
c. Any offense in any other state which is the equivalent of any of the abovementioned offenses; d. An act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are substantially related to the qualifications, functions or duties of a massage technician;
(2) The applicant has had an operator permit or massage technician permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any city, county or state within eight years prior to the date of the application. (3) The applicant has knowingly made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
(4) The application does not contain the information required by section 19-129. (5) The applicant has not satisfied the requirements of this article in the time specified. (6) If the application is denied for failure to comply with subsections (3) or (4) above, the applicant may not reapply for a period of six months from the date the application was denied.
(b) All massage technicians shall comply with the following conditions and any other reasonable conditions specified by the police chief on issuance of the massage technician permit.
(b) Barbers and cosmetologists who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp, hands or feet of the clients.
(1) Prohibited massage areas. Except to the extent required, in writing, by a statelicensed medical practitioner, no massage technician shall massage the genitals or anal area of any patron.
(2) Covering. No massage technician shall massage any patron unless the person's genitals, and anus are fully covered at all times while the technician is present in the same room as the patron.
(3) Identification cards. The massage technicians shall have on their possession or on the premises a photo identification card prepared and issued by the city. Such identification shall be provided to city regulatory officials upon demand. The identification card shall be placed on outer clothing with the photo side facing out.
If a massage technician changes his or her business address, he or she shall, prior to such change, obtain from the police chief a new photo identification card and advise the police department, in writing, of the new business address. (5) Names. While on duty, the massage technician shall not use any name other than that specified on the photo identification card.
(6) Clothing. The massage technician shall be fully clothed at all times. Clothing shall be of a fully opaque, nontransparent material and provide complete covering of the genitals, pubic area, buttocks, anal area and chest. (7) Inspections and searches. The massage technician consents to the inspection of the massage establishment by the city's building department, police department, and the fire department and Stanislaus County Health Department for the purpose of determining that the provisions of this article or other applicable laws
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STATE OF CALIFORNIA
ORDINANCE 1285
or regulations are met. The massage technician consents to the inspection of the occupied massage rooms by a member of the police department for the purpose of determining that the provisions of this article are met upon occurrence of any of the conditions described in section 19-131(b)(16) which would require the posting of the Notice to All Patrons. The member shall knock, announce his presence, and request that the technician answer the door. The technician shall exit the room within a reasonable period of time. (Ord. No. 1151) (c) Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment.
(d) Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment. (e) Trainers of amateur, semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event.
(f) Individuals administering massages or health treatment involving massage to persons participating in single-occurrence athletic, recreational or festival events, such as health fairs, road races, track meets, triathlons, and other similar events, provided, that all of the following conditions are satisfied:
(1) The massage services are made equally available to all participants in the event; (2) The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations; (3) The massage services are provided at the site of the event and either during, immediately preceding or immediately following the event; (4) The sponsors of the event have been advised of and have approved the provisions of massage services;
(5) The persons providing the massage services are not the primary sponsors of the event.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
Sec. 19-131. Requirements for the operation of a massage establishment.
UNLAWFUL BUSINESS PRACTICES MAY BE ENJOINED; REMEDIES
CUMULATIVE.
Any massage business operated, conducted or maintained contrary to the provisions of this chapter shall constitute an unlawful business practice pursuant to Business and Professions Code Section 17200 et seq., and the City Attorney or District Attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by this chapter, commence an action or actions, proceeding or proceedings in the Superior Court of Stanislaus County, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including but not limited to fines, attorneys fees and costs. All remedies provided for in this chapter are cumulative.
(a) Facilities.
(1) Structure. Massage establishments shall be located in a zoning district, which permits such use. When a new massage establishment is constructed, three sets of plans shall be submitted to the city and the health department for approval and shall be accompanied by the appropriate plan check fee.
(2) Signs; display of permits. Each operator shall post and maintain, in compliance with existing state and city laws, a readable sign identifying the premises as a massage establishment. The sign and the front of the business shall not be illuminated by strobe or flashing lights. Each operator and/or on-duty manager shall display the operator permit in a conspicuous public place in the lobby of the massage establishment.
Each operator and/or on-duty manager shall ensure the massage technician permit for each massage technician employed at the establishment (whether on- duty or not) is conspicuously displayed in a public place in the lobby, and that each massage technician is wearing the identification required by section 19-130(b)(3) at all times when in the massage establishment. The operator and/or on-duty manager must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and on-duty manager, as well as all on-duty massage technicians. Finally, the hours of operation must be posted in the front window and clearly visible from the outside.
(3) Services list. Each operator shall post and maintain a list of services available and the cost of such services in a conspicuous public place within the premises. No massage establishment may offer baths as a service unless the patron is bathing in a room alone. No operator or on-
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STATE OF CALIFORNIA
ORDINANCE 1285
duty manager shall permit, and no massage technician shall offer or perform, any service other than those posted.
(4) Lighting. Each operator shall provide in each room where massage is given sufficient lighting and ventilation that complies with the Uniform Building Code. The lighting in each massage room shall be activated at all times while the patron is in such room or enclosure. (5) Restroom facilities. A minimum of one toilet and one separate wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap or detergent and hot running water at all times and shall be located within close proximity to the area devoted to massage services. A soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom handwash sink. No bar soap may be used. A trash receptacle shall be provided in each toilet room.
Showers may be provided at the operator's option.
(6) Maintenance. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be made smooth and easily cleanable. No carpeting shall be installed in any of these areas.
(7) Handicapped areas. Massage establishments shall comply with all state and federal laws and regulations for handicapped customers. (8) Doors. All front, reception, hallway or front exterior doors (except back or exterior doors used solely for employee entrance to and exit from the massage establishment) shall be unlocked during business hours, except as may be permitted by applicable law (such as the Uniform Fire Code) which allow for safety doors which may be opened from the inside when locked. No massage may be given within any cubicle, room, enclosure or any area within a massage establishment which is fitted with a lock of any kind (such as a locking door knob, padlock, dead bolt, sliding bar or similar device), unless the only door is an exterior door. (b) Operations.
(1) Equipment. Each operator and/or on-duty manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage.
(2) Inspections. The operator and/or on-duty manager consents to the inspection of the massage establishment by the city's building department, police department and the fire department and health department for the purpose of determining that the provisions of this article or other applicable laws or regulations are met.
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STATE OF CALIFORNIA
ORDINANCE 1285
a. The city's building department, police department and the fire department and health department may, from time to time, make an inspection of each massage establishment for the purpose of determining that the provisions of this article, state law or other applicable laws or regulations are met. Routine inspections shall not occur more than twice a year, unless violations are found or complaints are received. Criminal investigations may be conducted as directed by the police chief. The police department may inspect the occupied massage rooms for the purpose of determining that the provisions of this article are met upon occurrence of any of the conditions described in subsection section 19- 131(b)(15) which would require the posting of the Notice to All Patrons.
During an inspection, the police department may verify the identity of all on-duty employees.
b. Inspections of the massage establishment shall be conducted during business hours.
c. An operator or his or her agent, servant or employee, commits an offense if he or she refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business.
(3) Clothing. All persons employed in the massage establishment shall be fully clothed at all times while present at the massage establishment. Clothing shall be of a fully opaque, nontransparent material and shall provide complete covering of the genitals, pubic area, buttocks, anal area and chest. (4) Roster of employees. The operator and/or on-duty manager shall maintain a register of all employees showing the name, nicknames and aliases used by the employee, residential address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, date of employment and termination, if any, and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of two years following termination. The operator and/or on-duty manager shall make the register of employees available immediately for inspection upon demand of a representative of the police department at all reasonable times.
(5) Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled towels or linen. (6) Living prohibited. No person or persons shall be allowed to live inside the massage establishment at any time. All living quarters shall be separate from the massage establishment. No food of any kind shall be prepared for sale or sold in
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STATE OF CALIFORNIA
ORDINANCE 1285
the establishment unless an appropriate food vending permit is granted by the County of Stanislaus.
(7) Recordings. No electrical, mechanical or artificial device shall be used by the operator or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage or the conversation or other sounds in the massage rooms without the knowledge or consent of the patron.
(8) Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patrons specified anatomical areas, including the genital area, anus and female breast(s). No common use of such coverings shall be permitted, and re-use is prohibited unless adequately cleaned.
(9) Records or treatment. The operator shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of technician administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the patron to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition which may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of twenty-four months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this article and for no other purpose.
The police department shall periodically inspect the records to ensure compliance with this section. The information furnished or secured as a result of any such records should be used only to ensure and enforce compliance with this article or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor. (10) Advertising. No massage establishment shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts female breasts showing nipples, genitals, or the anus.
(11) Access. No person(s) other than valid permit holders under this article and customers will be allowed anywhere in the massage establishment other than the lobby/reception area during hours of operation. Entry doors to any room shall not be obstructed by any means. Student(s) enrolled in a school of massage therapy or those who have recently graduated from such a school are exempted from this requirement if for lab credit and/or as a learning exercise. (12) Sexual paraphernalia. Instruments, devices or paraphernalia that are designed for use in connection with sexual activities, including, but not limited to, condoms, shall not be permitted within a massage establishment.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
(13) Compliance. Massage establishments shall comply with all applicable provisions of the Oakdale Municipal Code.
(14) Notices. The police chief may require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or state court, to have violated any of the offenses listed in section 19-127 and section 19-130:
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT
PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE OAKDALE POLICE DEPARTMENT WITHOUT PRIOR NOTICE.
a. The notice set forth above shall be prepared and issued by the Police Chief.
b. The notices shall be conspicuously posted in a location within the massage establishment that are easily visible to any person entering the premises and in each massage room. The notice shall be so posted for twelve months following the violation of any of the offenses set forth above.
c. The requirement for posting the notice described in this subsection is cumulative and in addition to all other remedies, violations and penalties set forth in this article or in the ordinances, laws, rules or regulations of the city, County of Stanislaus and the State of California. (Ord. No. 1151) Sec. 19-132. Changes of business. ADMINISTRATIVE CITATION. (a) Every massage establishment operator shall report immediately to the police department any and all changes of ownership or management of the massage establishment or business, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than five percent of the stock of the corporation, officers, directors and partners in any and all changes of name, style or designation under which the business is to be conducted and all changes of address or telephone numbers of the massage business. A change of location of any of the premises may be approved by the police chief provided there is compliance with all applicable regulations of the City of Oakdale.
(a) Violations. Any violations may be subject to the administrative citation process as set forth in this Code.
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STATE OF CALIFORNIA
ORDINANCE 1285
(b) No massage technician permit or operator permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the police chief, shall be placed in the name of the surviving partners. No massage technician permit may be sold, transferred or assigned by a permittee or any operation of law to any other person or persons. (Ord. No. 1151)
(b) Separate Violations. Each violation of any provision of this chapter shall constitute a separate violation. Each client to whom massage is provided or offered in violation of this chapter shall also constitute a separate violation. Each day upon which a massage business remains open for business in violation of this chapter shall also constitute a separate violation.
Sec. 19-133. Fees. SUSPENSION AND REVOCATION OF CITY REGISTRATION CERTIFICATES.
The city council shall establish by resolution, and from time to time may amend, the fees for the administration of this article. The city may include in this resolution a health services fee schedule prescribing annual fees to be paid by the operator of each massage establishment, such fees to be paid directly to the health department and retained by the county as reimbursement for the services related to this article. Fees required by this article shall be in addition to any required by this Code. (Ord. No. 1151)
(a) Reasons. Certificates of registration may be suspended or revoked by the Chief of Police upon finding any of the following grounds:
(1) A massage practitioner is no longer in possession of current and valid CAMTC certification. This subsection shall apply to a sole proprietor or a person employed or used by a massage business to provide massage. (2) An owner or sole proprietor fails to register under the provisions of California Penal Code Section 290 (sex offender registration), is convicted of California Penal Code Sections 266i (pandering), 315 (keeping or residing in a house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution), 647(b) (engaging in or soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of
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STATE OF CALIFORNIA
ORDINANCE 1285
prostitute); has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to California Penal Code Sections 11225— 11235 (red light abatement); is convicted of a felony offense involving the sale of a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this subsection.
(3) The City determines that a material misrepresentation was included on the application for a certificate of registration or renewal. (4) Violations of any of the following occurred on the premises of a massage business or were committed by a massage practitioner: California Business and Professions Code Sections 4600 et seq.; any local, state, or federal law; or the provisions of this chapter.
(b) Procedures. Written notice of the suspension or revocation shall be served on the sole proprietor or owners by personal service or certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to request an appeal hearing before the Police Chief.
(c) Time Period of Suspension of Permit. The Chief of Police may suspend a registration for a period between five days and the end of the license term, at his or her discretion. (d) Effective Date of Suspension or Revocation. Suspension or revocation issued pursuant to subsection (b) of this section will be effective 10 days from the date appearing on the order, unless a timely appeal is filed in accordance with subsection (e) of this section. (e) Appeal.
(1) The decision of the Chief of Police is appealable to the City Manager. (2) An appeal must be in writing, and be hand-delivered or mailed to the City Manager’s office.
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STATE OF CALIFORNIA
ORDINANCE 1285
(3) An appeal must be received by the City Manager on or before the effective date of suspension or revocation provided by subsection (d) of this section. (4) The filing of a timely appeal will stay a suspension or revocation pending a decision on the appeal by the City Manager.
(5) A hearing shall be scheduled before the City Manager within 30 days. Either the appellant or the Police Chief may request, in writing directed to the City Manager, a continuance of the hearing. Such requests must be supported by good cause.
The decision whether to grant a continuance is at the discretion of the City Manager, who shall consider whether granting the continuance poses a threat to public health or safety in light of the severity of the violations alleged. (6) The decision of the City Manager shall be final, with no further administrative right of appeal or reconsideration. The City Manager may sustain a suspension or revocation, overrule a suspension or revocation, reduce a revocation to a suspension and/or reduce the length of a suspension. Further, the City Manager may stay the effective date of any suspension for a reasonable time following a hearing.
(f) Reapplication. No reapplication will be accepted within one year after a certificate is revoked.
(g) Evidence. The following rules shall apply to any hearing required by this section. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Formal rules of evidence and discovery do not apply to proceedings governed by this chapter. Unless otherwise specifically prohibited by law, the burden of proof is on the registrant in any hearing or other matter under this chapter.
Sec. 19-134. Exemption; existing permittees. PUBLIC NUISANCE.
It shall be unlawful and a public nuisance for a massage business to be operated, conducted, or maintained contrary to the provisions of this chapter. The City may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that business in any manner provided by law.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
(a) The requirements of this article shall have no application and no effect upon and shall not be construed as applying to any persons designated as follows: state-licensed physicians, surgeons, chiropractors, physical therapists, osteopaths or any registered or licensed vocational nurse working on the premises of, and under the direct supervision of, a state-licensed physician, surgeon, chiropractor or osteopath. Practical nurses or other persons without qualifications as massage technicians, whether employed by physicians, surgeons, chiropractors or osteopaths or not, may not give massage or massage procedures.
(b) Commencing on the effective date of this article, all permits shall be issued in accordance with the provisions of this article.
(c) Existing operator and massage technician permits shall continue in effect until expiration.
All existing permit holders shall have an additional twenty-four months from the effective date of this article to meet and comply with the two hundred fifty-hour training requirement. (Ord. No. 1151)
Sec. 19-135. Transfer and renewal of permits.
(a) No permit issued hereunder shall be transferable to any other person or establishment; provided, however, an additional location or change of location of a massage technician permit will be allowed upon prior written notice to the police chief and payment of the appropriate transfer fee.
(b) Permits for operators and technicians shall be renewed on a year-to-year basis provided that the permittee continues to meet the requirements set out in this article. (c) Applications for permit renewal shall be filed with the police chief before the expiration of the existing permit. Temporary permits will not be issued and renewal applications must be filed no later than sixty days prior to the expiration of the permit to prevent a lapse of the permit.
(d) Renewal applications shall include such information as may be required by the police chief to update the information contained in the original permit application. The applicant shall accompany the application for renewal with the appropriate filing fee. (Ord. No. 1151)
Sec. 19-136. Suspension, revocation, denial and appeal. (a) Violation and noncompliance. The police chief may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the permit holder has failed to comply with the permit conditions or other requirements of this article. If a suspended
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STATE OF CALIFORNIA
ORDINANCE 1285
permit lapses during the suspension period, a new application must be filed at the end of the suspension period. In any such case, the permit holder shall have the right to appeal in the time and manner set forth in this section.
(b) Revocation and suspension of operator permit.
(1) The police chief may revoke or refuse to renew a permit if he or she makes any of the findings for denial of a permit under section 19-127(A), finds violation(s) of section 19-127(b)(1) or (b)(6), upon any subsequent violation of any provision within one year following prior suspension under subsection (2) below or upon demonstrated inability to operate or manage the massage establishment in a law abiding manner, thus necessitating action by law enforcement officers. (2) The police chief may suspend a permit for a period of thirty days for each violation of section 19-127(b) not listed above, or section 19-131. (c) Revocation and suspension of massage technician permit. (1) The police chief may revoke or refuse to renew a massage technician permit if he or she makes any of the findings for denial of a permit under section 19-130, finds violation(s) of section 19-130(b), (b)(2) or (b)(6), or upon any subsequent violation of any provision of this article within one year following a suspension under subsection (2) below;
(2) The police chief may suspend a massage technician permit for a period of thirty days for each violation of section 19-130(b) not listed above, or section 19-131. (c) Notice. When the police chief concludes that grounds for denial, suspension, revocation or refusal to renew a permit exist, he or she shall serve the applicant or permit holder, either personally or by certified mail addressed to the business or residential address of applicant or permit holder, with a Notice of Denial or Notice of Intent to Suspend, Revoke or Refuse to Renew Permit. This notice shall state the reasons for the proposed action, the effective date of the decision, the right of the applicant or permit holder to appeal the decision to the city council, and that the decision will be final if no appeal is filed within the time permitted.
(e) Appeal.
(1) The right to appeal shall terminate upon the expiration of fifteen days from the date of mailing of the notice. The notice of appeal shall be filed with the police department, along with the payment of any hearing fee which may be established by city council resolution. Any hearing fee shall not exceed the reasonable cost to the city of a hearing.
(2) In the event an appeal is timely filed, the suspension or revocation shall not be effective until a final decision has been rendered. If no appeal is filed, the
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STATE OF CALIFORNIA
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suspension or revocation shall become effective upon expiration of the period for filing appeals.
(3) The city manager shall appoint a neutral hearing officer in consultation with the appellant to conduct the hearing, receive relevant evidence and render a decision. The decision of the hearing officer shall be final. The appellant shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the decision was based and the opportunity to present contrary evidence at the hearing.
(4) Notice of the date, time and place of the hearing shall be mailed at least ten days prior to the date of the hearing, by U.S. Mail, with proof of service attached, to the address listed on the application, or the address given in the Notice of Appeal, if different.
(5) The following rules and evidence shall apply:
a. Oral evidence shall be taken only under oath or affirmation. The hearing officer shall have authority to administer oaths and to receive and rule on admissibility of evidence;
b. Each party shall have the right to call and examine witnesses, introduce exhibits and cross-examine opposing witnesses who have testified under direct examination. The hearing officer may call and examine any witness;
c. Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this article. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions.
Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless the testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent they are now or are hereafter permitted in civil actions. Irrelevant collateral, undue and repetitious testimony shall be excluded.
(f) No permit granted herein shall confer any vested right to any person or business for more than the permit period. All operators, managers and massage technicians subject to this article shall comply with the provisions of this article as they may be amended hereafter. (Ord. No. 1151)
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
Sec. 19-137. Attorneys' fees and costs.
(a) In any action, administrative proceeding or special proceeding commenced by the city to abate a public nuisance or to enjoin violation of any provision of this article, if the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorneys' fees and costs of suit. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.
(b) The city shall be considered a prevailing party entitled to attorneys' fees under subsection (a) when it can demonstrate that:
(1) Its lawsuit was the catalyst motivating the defendant to provide the primary relief sought;
(2) The lawsuit was meritorious and achieved its result by "threat of victory;" and (3) The city reasonably attempted to settle the litigation before filing the lawsuit. (Ord. No. 1151)
Sec. 19-138. Violation and penalty.
(a) Violations of this article may be enforced as set forth in the Oakdale Municipal Code. (b) Any massage establishment operated, conducted or maintained contrary to the provisions of this article shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this article. (Ord. No. 1151) Secs. 19-135 to 19-138. Reserved for future legislation.
SECTION 2. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
Introduced at a regular meeting of the City Council of the City of Oakdale held on September 18, 2023, and second reading on October 2, 2023, the foregoing Ordinance was passed and adopted by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: SIGNED:
__________________________ __________________________
Rouzé Roberts, City Clerk Cher Bairos, Mayor
APPROVED AS TO FORM:
_____________________________
Tom Hallinan, City Attorney
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
OAKDALE AMENDING ARTICLE VIII OF CHAPTER 19 OF
THE OAKDALE CITY CODE RELATING TO THE
REGULATION OF MASSAGE BUSINESSES.
The CITY COUNCIL OF THE CITY OF OAKDALE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT OF CODE: Article VIII of Chapter 19 of the Oakdale City Code is hereby amended to read as follows:
Article VIII. Oakdale Massage Establishment Regulations.
This article shall be known as the "Oakdale Massage Establishment Regulations." Sec. 19-123. Findings and purpose.
The city council finds and declares as follows:
(a) In enacting this chapter, the City Council recognizes that commercial massage therapy is a professional pursuit, which can offer the public valuable health and therapeutic services. The City Council further recognizes that, unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. Accordingly, it is the purpose and intent of this chapter to protect the public health, safety, and welfare by providing for the orderly regulation of businesses providing massage therapy services, discouraging prostitution and related illegal activities carried on under the guise of massage therapy, and establishing certain sanitation, health, and operational standards for massage businesses.
(b) Furthermore, it is the purpose and intent of this chapter to address the negative impacts identified in the City Council’s findings to reduce or prevent neighborhood blight and to protect and preserve the quality of City neighborhoods and commercial districts; and to enhance enforcement of criminal statutes relating to the conduct of operators and employees of massage businesses.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
(c) It is the Council’s further purpose and intent to rely upon the uniform statewide regulations applicable to massage practitioners and establishments that were enacted by the State Legislature in 2008 as Business and Professions Code Sections 4600 et seq. by Senate Bill 731, and amended in 2011 by Assembly Bill 619 and in 2014 by Assembly Bill 1147, to restrict the commercial practice of massage in the City to those persons duly certified to practice by the California Massage Therapy Council and to provide for the registration and regulation of massage businesses for health and safety purposes to the extent allowed by law.
Sec. 19-124. Definitions.
Unless the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article.
(a) “Business” includes, but not by way of limitation, everything about which a person can be employed, and means that which occupies the time, attention, and labor of men and women for the purpose of producing a livelihood or profit, and connotes the efforts of men and women by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this chapter shall include, without limitation, the advertising and soliciting of massages. The term “business” includes, but is not limited to, a massage practitioner who is the sole owner, operator, and employee of a massage business operating as a sole proprietorship, as well as a massage establishment, which employs massage practitioners and therapists. (b) "City manager" shall mean the City manager of the City of Oakdale or his or her designated representative.
(c) “California Massage Therapy Council” or “CAMTC” means the massage therapy organization formed pursuant to Business and Professions Code Section 4600.5. (d) “Certified massage practitioner” means any individual certified by the California Massage Therapy Council as a certified massage therapist or as a certified massage practitioner pursuant to California Business and Professions Code Sections 4600 et seq.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
(e) “Client” means the customer or patron who pays for or receives massage services. (f) “Employee” means any person employed by a massage business who may render any service to the business, and who receives any form of compensation from the business. (g) “Health Officer” means the person appointed by the City of Oakdale pursuant to the California Health and Safety Code or his or her authorized representatives or designees. (h) “Compensation” means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
(i) “Massage” or “massage therapy,” means and refers to any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. (j) “Massage business,” means any business that offers massage therapy in the City of Oakdale in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through outcall massage services. Any business that offers any combination of massage therapy and bath facilities—including, but not limited to, showers, baths, wet and dry heat rooms, pools, and hot tubs—shall be deemed a massage business under this chapter. The term “massage business” includes a certified massage practitioner who is the sole owner, operator, and employee of a massage business operating as a sole proprietorship.
(k) “Outcall massage” means the engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth in the massage business’s City registration certificate.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
(l) "Operator" or “massage business operator” shall mean any and all owners of a massage business.
(m) “City registration certificate” means a registration certificate issued by the Chief of Police upon submission of satisfactory evidence that a massage business employs or uses only certified massage practitioners pursuant to this chapter. (n) "Police Chief" shall mean the Police Chief of the City of Oakdale or his or her authorized representatives or designees.
(o) “Owner” or “massage business owner” means any of the following persons:
(1) Any person who is a general partner of a general or limited partnership that owns a massage business.
(2) Any person who has a five percent or greater ownership interest in a corporation that owns a massage business.
(3) Any person who is a member of a limited liability company that owns a massage business.
(4) Any person who has a five percent or greater ownership interest in any other type of business association that owns a massage business. (p) “School of massage” means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2, Chapter 10.5, as currently drafted or as may be amended.
(q) “Person” means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals. (r) “Practitioner” or “massage practitioner” shall be used interchangeably and mean any person who administers massage to another person, for any form of consideration (whether for the massage, as part of other services or a product, or otherwise). (s) “Reception and waiting area” means an area immediately inside the front door of the massage business dedicated to the reception and waiting of patrons of the massage business and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.
(t) “Registration” means the registration required by this chapter to operate a massage business.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
(u) “Sole proprietorship” means and includes any legal form of business organization where the business owner (sometimes referred to as the “sole proprietor”) is the only person employed by that business to provide massage services.
(v) “Solicit” means to request, ask, demand or otherwise arrange for the provision of services.
Sec. 19-125. CAMTC CERTIFICATION AND LOCAL REGISTRATION REQUIRED. (a) Individuals. It shall be unlawful for any individual to practice massage therapy for compensation as a sole proprietorship or employee of a massage business or in any other capacity within the City of Oakdale unless that individual is a certified massage practitioner through the CAMTC or possesses a current valid noncertified massage business permit obtained prior to October 1, 2019, under the previous massage ordinance.
(b) Businesses. It shall be unlawful for any business to provide massage for compensation within the City of Oakdale unless all individuals employed by the massage business to perform massage, whether as an employee, independent contractor, or sole proprietorship, are certified massage practitioners through CAMTC or possess a current valid noncertified massage business permit obtained prior to October 1, 2019, under the previous massage ordinance, and said business has obtained a valid City registration certificate as provided in this chapter.
Sec. 19-126. MASSAGE BUSINESS REGISTRATION.
(a) Application. The registration application for a City registration certificate shall include all of the following:
(1) Legal name of the massage business.
(2) Address and all telephone numbers of the massage business. (3) Legal names of all owners of the massage business.
(4) A list of all of the massage business’s employees and independent contractors who are performing massage and their CAMTC certification. (5) A list of all of the massage business’s employees and independent contractors who are performing massage and their CAMTC certification.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
(6) Business address and telephone number of all owners of the massage business. (7) The form of business under which the massage business will be operating (i.e. corporation, general or limited partnership, limited liability company, or other form).
(8) Each owner operator of the massage business who is not a CAMTC-certified massage practitioner shall submit an application for a background check, including the following: the individual’s business, occupation, and employment history for the five years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage business or similar business owned or operated by the individual whether inside or outside the County of Stanislaus and its incorporated cities.
(9) For all owners, a valid and current driver’s license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.
(10) For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business’s employees or independent contractors providing massage services; and acknowledging that failure to comply with the California Business and Professions Code Sections 4600 et seq., and local, state, or federal law, or the provisions of this chapter may result in revocation of the business’s City registration certificate.
(b) Issuance. Upon provision by the massage business of the foregoing documentation, the Chief of Police shall issue the massage business a City registration certificate, which shall be valid for two years from the date of issuance. No reapplication will be accepted within one year after an application or renewal is denied or a certificate is revoked. City registration certificates shall not be issued to a massage business seeking to operate at a particular location if:
(1) Another massage business is or was operating at that particular location and that massage business is currently serving a suspension or revocation pursuant to Section 19-133, during the pendency of the suspension or one year following revocation;
(2) Another massage business is or was operating at that particular location and that massage business has received a notice of suspension, revocation, or fine issued pursuant to Sections 19-132 and 19-133, during the 10-day period
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
following receipt of the notice or while any appeal of a suspension, revocation or fine is pending.
(3) Another massage business is or was operating at that particular location, and that massage business has outstanding fines issued pursuant to Section 19- 132 that have not been paid.
(c) Amendment. A massage business shall apply to the City to amend its City registration certificate within 30 days after any change in the registration information, including, but not limited to, the hiring or termination of certified massage practitioners, the change of the business’s address, or changes in the owner’s addresses and/or telephone numbers. (d) Renewal. A massage business shall apply to the City to renew its City registration certificate at least 30 days prior to the expiration of said City registration certificate. If an application for renewal of a City registration certificate and all required information is not timely received and the certificate expires, no right or privilege to provide massage shall exist.
(e) Fees. There shall be no fee for the registration application or certificate or any amendment or renewal thereof. The provisions of this section shall not prevent the City from establishing fees for safety inspections as may be conducted from time to time by the Chief of Police, and for the background checks, fingerprinting, and subsequent arrest notification for owners of a massage business who are not CAMTC-certified and who are subject to such background checks pursuant to this chapter. There are certain fees for appeals as described below.
(f) Transfer. A City registration certificate shall not be transferred except with the prior written approval of the Chief of Police. A written request for such transfer shall contain the same information for the new ownership as is required for applications for registration pursuant to this section. In the event of denial, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail. A City registration certificate may not be transferred during any period of suspension or one year following revocation pursuant to Section 19-133, during the 10-day period following a massage business’s receipt of a notice of suspension, revocation or fine issued pursuant to Sections 19-132 and 19- 133 or while any appeal of a suspension, revocation or fine is pending. Further, a City registration certificate may not be transferred until all outstanding fines issued pursuant to Section 19-132 have been paid.
Sec. 19-127. OPERATING REQUIREMENTS.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
No person shall engage in, conduct, carry on, or permit any massage within the City of Oakdale unless all of the following requirements are met:
(a) CAMTC certification shall be worn by and clearly visible on the massage practitioner’s person during working hours and at all times when the massage practitioner is inside a massage business or providing outcall massage.
(b) Massage shall be provided or given only between the hours of 7:00 a.m. and 9:00 p.m.
No massage business shall be open, and no massage shall be provided between 9:00 p.m. and 7:00 a.m. A massage commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m., and, in the case of a massage business, all clients shall exit the premises at that time. It is the obligation of the massage business to inform clients of the requirement that services must cease at 9:00 p.m.
(c) A list of the services available and the cost of such services shall be posted in the reception area within the massage premises and shall be described in readily understandable language. Outcall service providers shall provide such a list to clients in advance of performing any service. No owner, manager, operator, or responsible managing employee shall permit, and no massage practitioner shall offer or perform, any service other than those posted or listed as required herein, nor shall an operator or a massage practitioner request or charge a fee for any service other than those on the list of services available and posted in the reception area or provided to the client in advance of any outcall services.
(d) A copy of the CAMTC certificate of each and every massage practitioner employed in the business shall be displayed in the reception area or similar open public place on the premises. CAMTC certificates of former employees and/or contractors shall be removed as soon as those massage practitioners are no longer employed by or offering services through the massage business.
(e) For each massage service provided, every massage business shall keep a complete and legible written record of the following information: the date and hour that service was provided; the name and telephone number of each client; the service received; the name or initials of the employee entering the information; and the name of the massage practitioner administering the service. Such records shall be open to inspection and copying by police officers, enforcement officials, or other City officials charged with enforcement of this chapter. These records may not be used by any massage practitioner or operator for any purpose other than as records of service provided and may not be provided to other parties by the massage practitioner or operator unless
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
otherwise required by law. Such records shall be retained on the premises of the massage business for a period of two years and be immediately available for inspection during business hours.
(f) Massage businesses shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.
(g) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Officer. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the Health Officer. All walls, ceilings, floors, and other physical facilities for the business must be in good repair, and maintained in a clean and sanitary condition.
(h) Instruments utilized in performing massage shall not be used on more than one client unless they have been sterilized, using approved sterilization methods. (i) All massage business operators and their employees, including massage practitioners, shall wear clean, non-transparent outer garments. Said garments shall not expose their genitals, pubic areas, buttocks, or chest, and shall not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest. For the purposes of this section, outer garments mean a garment worn over other garments and does not include garments like underwear, bras, lingerie, or swimsuits.
(j) No person shall enter, be, or remain in any part of a massage business while in possession of an open container of alcohol, or consuming or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, or manager shall not permit any such person to enter or remain upon such premises.
(k) No massage business shall operate as a school of massage, or use the same facilities as that of a school of massage.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
(l) No massage business shall place, publish or distribute, or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to Section 19-127(c), nor shall any massage business employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this chapter. (m) No massage shall be given unless the client’s genitals are, at all times, fully covered. A massage practitioner shall not, in the course of administering any massage, make physical contact with the genitals or private parts of any other person regardless whether the contact is over or under the person’s clothing.
(n) Where the business has staff available to assure security for clients and massage staff are behind closed doors, the entry to the reception area of the massage business shall remain unlocked during business hours when the business is open for business or when clients are present.
(o) No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. For the purpose of this subsection, there is an irrebuttable presumption that the visibility is impermissibly blocked if more than 10 percent of the interior reception and waiting area is not visible from the exterior window. (p) All signs shall be in conformance with the current ordinances of the City of Oakdale. (q) Minimum lighting consisting of at least one artificial light of not less than 40 watts shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present. (r) Ventilation shall be provided in accordance with applicable building codes and regulations.
(s) Hot and cold running water shall be provided at all times.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
(t) Adequate dressing, locker and toilet facilities shall be provided for clients. (u) A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin. (v) All massage businesses shall comply with all state and federal laws and regulations for handicapped clients.
(w) A massage practitioner shall operate only under the name specified in his or her CAMTC certificate. A massage business shall operate only under the name specified in its City registration certificate.
(x) No massage business shall allow any person to reside within the massage business or in attached structures owned, leased or controlled by the massage business. (y) Other than custodial or maintenance staff, no persons shall be permitted within the premises of a massage business between the hours of 11:00 p.m. and 6:00 a.m.
Sec. 19-128. INSPECTION BY OFFICIALS.
The investigating and enforcing officials of the City of Oakdale, including, but not limited to, the police, Health Officer and Director of Building and Planning, or their designees, shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and with the provisions of this chapter. The massage business may be charged a fee for any safety inspections.
Sec. 19-129. NOTIFICATIONS.
(a) A massage business shall notify the Chief of Police of any changes described in Section 19-126 pursuant to the timelines specified therein. (b) A registrant shall report to Chief of Police any of the following within 96 hours of the occurrence:
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
(1) Arrests of any employees or owners of the registrant’s massage business for an offense other than a misdemeanor traffic offense;
(2) Resignations, terminations, or transfers of practitioners employed by the registrant’s massage business;
(3) Any event involving the registrant’s massage business or the massage practitioners employed therein that constitutes a violation of this chapter or state or federal law.
(c) This provision requires reporting to the Chief of Police even if the massage business believes that the Chief of Police has or will receive the information from another source.
Sec. 19-130. EXEMPTIONS.
The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:
(a) Physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person. (b) Barbers and cosmetologists who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp, hands or feet of the clients.
(c) Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment.
(d) Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.
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STATE OF CALIFORNIA
ORDINANCE 1285
(e) Trainers of amateur, semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event.
(f) Individuals administering massages or health treatment involving massage to persons participating in single-occurrence athletic, recreational or festival events, such as health fairs, road races, track meets, triathlons and other similar events; provided, that all of the following conditions are satisfied:
(1) The massage services are made equally available to all participants in the event; (2) The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations; (3) The massage services are provided at the site of the event and either during, immediately preceding or immediately following the event; (4) The sponsors of the event have been advised of and have approved the provisions of massage services;
(5) The persons providing the massage services are not the primary sponsors of the event.
Sec. 19-131. UNLAWFUL BUSINESS PRACTICES MAY BE ENJOINED; REMEDIES CUMULATIVE.
Any massage business operated, conducted or maintained contrary to the provisions of this chapter shall constitute an unlawful business practice pursuant to Business and Professions Code Section 17200 et seq., and the City Attorney or District Attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by this chapter, commence an action or actions, proceeding or proceedings in the Superior Court of Stanislaus County, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including but not limited to fines, attorneys fees and costs. All remedies provided for in this chapter are cumulative.
Sec. 19-132. ADMINISTRATIVE CITATION.
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
(a) Violations. Any violations may be subject to the administrative citation process as set forth in this Code.
(b) Separate Violations. Each violation of any provision of this chapter shall constitute a separate violation. Each client to whom massage is provided or offered in violation of this chapter shall also constitute a separate violation. Each day upon which a massage business remains open for business in violation of this chapter shall also constitute a separate violation.
Sec. 19-133. SUSPENSION AND REVOCATION OF CITY REGISTRATION CERTIFICATES.
(a) Reasons. Certificates of registration may be suspended or revoked by the Chief of Police upon finding any of the following grounds:
(1) A massage practitioner is no longer in possession of current and valid CAMTC certification. This subsection shall apply to a sole proprietor or a person employed or used by a massage business to provide massage. (2) An owner or sole proprietor fails to register under the provisions of California Penal Code Section 290 (sex offender registration), is convicted of California Penal Code Sections 266i (pandering), 315 (keeping or residing in a house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution), 647(b) (engaging in or soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of prostitute); has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to California Penal Code Sections 11225— 11235 (red light abatement); is convicted of a felony offense involving the sale of a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this subsection.
(3) The City determines that a material misrepresentation was included on the application for a certificate of registration or renewal.
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STATE OF CALIFORNIA
ORDINANCE 1285
(4) Violations of any of the following occurred on the premises of a massage business or were committed by a massage practitioner: California Business and Professions Code Sections 4600 et seq.; any local, state, or federal law; or the provisions of this chapter.
(b) Procedures. Written notice of the suspension or revocation shall be served on the sole proprietor or owners by personal service or certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to request an appeal hearing before the Police Chief.
(c) Time Period of Suspension of Permit. The Chief of Police may suspend a registration for a period between five days and the end of the license term, at his or her discretion. (d) Effective Date of Suspension or Revocation. Suspension or revocation issued pursuant to subsection (b) of this section will be effective 10 days from the date appearing on the order, unless a timely appeal is filed in accordance with subsection (e) of this section. (e) Appeal.
(1) The decision of the Chief of Police is appealable to the City Manager. (2) An appeal must be in writing, and be hand-delivered or mailed to the City Manager’s office.
(3) An appeal must be received by the City Manager on or before the effective date of suspension or revocation provided by subsection (d) of this section. (4) The filing of a timely appeal will stay a suspension or revocation pending a decision on the appeal by the City Manager.
(5) A hearing shall be scheduled before the City Manager within 30 days. Either the appellant or the Police Chief may request, in writing directed to the City Manager, a continuance of the hearing. Such requests must be supported by good cause.
The decision whether to grant a continuance is at the discretion of the City Manager, who shall consider whether granting the continuance poses a threat to public health or safety in light of the severity of the violations alleged.
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STATE OF CALIFORNIA
ORDINANCE 1285
(6) The decision of the City Manager shall be final, with no further administrative right of appeal or reconsideration. The City Manager may sustain a suspension or revocation, overrule a suspension or revocation, reduce a revocation to a suspension and/or reduce the length of a suspension. Further, the City Manager may stay the effective date of any suspension for a reasonable time following a hearing.
(f) Reapplication. No reapplication will be accepted within one year after a certificate is revoked.
(g) Evidence. The following rules shall apply to any hearing required by this section. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Formal rules of evidence and discovery do not apply to proceedings governed by this chapter. Unless otherwise specifically prohibited by law, the burden of proof is on the registrant in any hearing or other matter under this chapter.
Sec. 19-134. PUBLIC NUISANCE.
It shall be unlawful and a public nuisance for a massage business to be operated, conducted, or maintained contrary to the provisions of this chapter. The City may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that business in any manner provided by law.
Secs. 19-135 to 19-138. Reserved for future legislation.
SECTION 2. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date.
Introduced at a regular meeting of the City Council of the City of Oakdale held on September 18, 2023, and second reading on October 2, 2023, the foregoing Ordinance was passed and adopted by the following vote:
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE 1285
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: SIGNED:
__________________________ __________________________
Rouzé Roberts, City Clerk Cher Bairos, Mayor
APPROVED AS TO FORM:
_____________________________
Tom Hallinan, City Attorney
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: Monday, September 5, 2023
To: Mayor Bairos and members of the City Council
From: Andrew Stever, Support Division Lieutenant
Subject: Consideration of a Resolution accepting grant funding from the State of California Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) for $75,000.
I. BACKGROUND
The Oakdale Police Department has been approved for grant funds from the State of California Office of Traffic Safety (OTS) totaling $75,000 as part of the Selective Traffic Enforcement Program (STEP). The funds will be used for conducting various enforcement and awareness operations in the City of Oakdale from October 1, 2023, through September 30, 2024.
Staff is requesting formal acceptance of the OTS Grant by the City Council.
II. DISCUSSION
The Oakdale Police Department has been approved for grant funds from the State of California Office of Traffic Safety (OTS) totaling $75,000 as part of a Selective Traffic Enforcement Program (STEP).
The Police Department Traffic Team and the Support Division Lieutenant will direct the grant. The approved funds will be administered by the same, with final purchase, training, and personnel staffing decisions related to the grant reviewed and approved by the Chief of Police. The funds will be used to cover personnel and training costs for the following purposes:
• To maintain a monthly “HOT Sheet” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions;
• To send Officers to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) P.O.S.T.-Certified training;
• To send Officers to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16-hour P.O.S.T.-Certified training; • To conduct two (2) DUI/DL Checkpoints;
• To conduct fifteen (15) DUI saturation patrols;
AGENDA ITEM 11.5
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT (CONTINUED)
SUBJECT: Acceptance of Grant Funding from the Office of Traffic Safety for the S.T.E.P. Grant MEETING DATE: SEPTEMBER 5TH, 2023
• To conduct seven (7) Traffic Enforcement operations focused, but not limited to, primary collision factor violations;
• To conduct three (3) Distracted Driving enforcement operations targeting drivers using hand-held cell phones and texting. • To conduct two (2) bicycle and pedestrian enforcement operations in identified high bicycle and pedestrian traffic areas. • Participate and report data (as required) in the following campaigns: National Walk to School Day, NHTSA Winter
& Summer Mobilization, National Bicycle Safety Month,
National Click it or Ticket Mobilization, National Teen Driver Safety Week, National Distracted Driving
Awareness Month, National Motorcycle Safety Month,
National Child Passenger Safety Week, and California's
Pedestrian Safety Month.
Pursuant to the grant, funds will also be used to purchase the following:
• A changeable message sign trailer with radar;
• Checkpoint supplies
III. FISCAL IMPACTS
Cost: None. There are no matching funds required at this time.
Budget: Acceptance of the grant would require an amendment to add an account to the police department’s budget to capture the revenue and expenditures specific to the OTS STEP Grant. All grant funds received are already budgeted under authorized grant expenditures, resulting in an overall cost-neutral impact on the current city budget. Adding a new account in the police department’s budget would be for accounting and reporting purposes (Fund 205/206).
IV. RECOMMENDATION
Adopt a resolution accepting grant funding from the State of California Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) for $75,000.
V. ATTACHMENTS
Attachment A: Resolution
Attachment B: OTS STEP Grant Agreement
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2023-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKDALE
ACCEPTING GRANT FUNDING FROM THE STATE OF CALIFORNIA OFFICE
OF TRAFFIC SAFETY (OTS) FOR THE SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM (STEP) IN THE AMOUNT OF $75,000.
WHEREAS, the City of Oakdale Police Department has applied for and been tentatively awarded grant funding through the State of California Office of Traffic Safety for Selective Traffic Enforcement Program; and
WHEREAS, the Oakdale Police Department has agreed to coordinate and manage all grant activities and reporting requirements of the grant in accordance with the attached exhibit;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakdale does hereby authorize acceptance of the State of California Office of Traffic Safety grant funds for $75,000 and approves participation in associated grant activities under the expressed terms and conditions.
BE IT FURTHER RESOLVED, that grant budget appropriations per the attached exhibit are hereby approved for allocation of said funding to process reimbursement requests for Police Department General Fund expenditures.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 5th DAY OF SEPTEMBER 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
SIGNED:
_____________________________
Cher Bairos, Mayor
ATTEST:
___________________________
Rouzé Roberts, City Clerk
8/29/2023 11:25:06 AM Page 1 of 15
State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT24133
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Oakdale From:
To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Oakdale Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $75,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Ethan DeMoss
Officer
[email protected]
2098472231
280 North 3rd Avenue
Oakdale, CA 95361
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Bryan Whitemyer
City Manager
[email protected]
(209) 845-3572
245 North Second Avenue
Oakdale, CA 95361
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Albert Avila
Finance Director
[email protected]
(209) 845-3584
245 North Second Avenue
Oakdale, CA 95361
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
8/29/2023 11:25:06 AM Page 2 of 15
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
164AL-24.1 20.608 0521-0890-101 2022 43/22 BA/22 $13,260.00 402PT-24.1 20.600 0521-0890-101 2022 43/22 BA/22 $12,240.00 164AL-24 20.608 0521-0890-101 2023 12/23 BA/23 $25,740.00 402PT-24 20.600 0521-0890-101 2023 12/23 BA/23 $23,760.00
AGREEMENT
TOTAL $75,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$75,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $75,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
FRLAJMGE7CL3
280 N 3rd Ave
Oakdale
95361-3028
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
8/29/2023 11:25:06 AM Page 3 of 15
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT24133
1. PROBLEM STATEMENT
The City of Oakdale has long been the last stop before heading into the Sierra Nevada, Sonora, and Yosemite Valley. Oakdale is home to not only a suburban style living, but also a large number of ranchers and cattle farmers, which gave the city its name "The Cowboy Capitol". Growth from both tourists and housing has been good for the area. However, a rise in injury crash rates has also occurred due to an increase in impaired/distracted driving and other unsafe driving. The city of Oakdale has numerous new housing developments being built and an increase in the population to approximately 25,000 people, and on the weekends, it increases depending on the weekend to approximately 35,000 people.
Oakdale is a main thoroughfare to the Motherlode region for people traveling from the bay area and the San Joaquin Valley for leisure, agriculture, or business. During weekends the City of Oakdale sees a significant increase in traffic, especially during summer holiday weekends. The travelers congest the City's traffic, which contributes to traffic crashes. Oakdale saw an increase in traffic crashes from 2020 to 2021, which was a 57% increase in overall injury crashes and a 41% increase in injuries sustained in the crashes.
In 2020 the world was affected by the COVID-19 pandemic, which resulted in fewer people out and about, but we did not see a proportionate decrease in crashes.
Oakdale saw an exponential increase in DUI arrests and DUI crashes. In 2021 Oakdale saw an increase of 69% in crashes which is a significant increase from 2020. With businesses, Lakes, and more people vacationing in the Sierras after the pandemic, the number of vehicles on the roadways increased drastically, causing our crashes to increase from 2020. In 2022 Oakdale saw a 69% increase in DUI traffic crashes as the primary crash factor from 16 to 27. With the increase of DUI being the primary crash factor, we also saw an increase in DUI arrests by 15% from 111 to 128. With HWY-120 coming through Oakdale, DUI has been a long-standing problem for the City of Oakdale due to the numerous Lakes, Reservoirs, and rivers surrounding Oakdale. The city of Oakdale has two highways that intersect in our city, speed is one of the highest primary crash factors for all traffic crashes in the city. Already in the year 2023 we have numerous vehicles versus pedestrians’ crashes.
Please note that the top 3 PCF data was not available at the time of completing this.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be 15 8/29/2023 11:25:06 AM Page 4 of 15
emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 7. Conduct DUI Saturation Patrol operation(s). 15
8. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
7 9. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
3 10. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 11. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 12. Conduct Occupant Protection educational presentation(s).
13. Participate in highly visible collaborative DUI Enforcement operations. 2
14. Participate in highly visible collaborative Traffic Enforcement operations. 1
3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
All training needed to implement the program should be conducted in the first quarter. All grant related purchases needed to implement the program should be made in the first quarter. In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
8/29/2023 11:25:06 AM Page 5 of 15
Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication. 8/29/2023 11:25:06 AM Page 6 of 15
Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
8/29/2023 11:25:06 AM Page 7 of 15
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT24133
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$39,000.00
402PT-24 20.600 State and Community Highway
Safety
$36,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $6,500.00 2 $13,000.00
DUI Saturation Patrols 164AL-24 $1,500.00 15 $22,500.00 Collaborative DUI Enforcement 164AL-24 $1,000.00 2 $2,000.00 Traffic Enforcement 402PT-24 $1,000.00 7 $7,000.00
Distracted Driving 402PT-24 $1,000.00 3 $3,000.00
Pedestrian and Bicycle Enforcement 402PT-24 $1,000.00 2 $2,000.00 Traffic Safety Education 402PT-24 $500.00 2 $1,000.00
Collaborative Traffic Enforcement 402PT-24 $1,000.00 1 $1,000.00 Category Sub-Total $51,500.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $2,000.00 1 $2,000.00
$0.00
Category Sub-Total $2,000.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Changeable Message Sign Trailer with
Radar
402PT-24 $20,000.00 1 $20,000.00
Category Sub-Total $20,000.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $1,500.00 1 $1,500.00
Category Sub-Total $1,500.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $75,000.00
8/29/2023 11:25:06 AM Page 8 of 15
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT24133
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the California Traffic Safety Summit and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
Changeable Message Sign Trailer with Radar - Fully equipped changeable message sign trailer(s) with a radar device and digital display that is portable and fully programmable and will determine and display the speed of vehicles or post traffic safety information and messages during OTS funded operations.
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.
Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
8/29/2023 11:25:06 AM Page 9 of 15
State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT24133
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 8/29/2023 11:25:06 AM Page 11 of 15
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 8/29/2023 11:25:06 AM Page 12 of 15
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 8/29/2023 11:25:06 AM Page 13 of 15
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—
PRIMARY TIER COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 8/29/2023 11:25:06 AM Page 14 of 15
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—
LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.