Diane Papan RE-ELECTED San Mateo City Council as first place finisher
Alameda Firefighters PAC
Councilmember Malia Vella RE-ELECTED
Kelly Welsh ELECTED Vacaville Unified School Board
Edralin Maduli RE-ELECTED Chabot-Las Positas Community College Board
Gina Papan RE-ELECTED Millbrae City Council as first place finisher
Leslie Reckler ELECTED
West Contra Costa Unified School Board
Lisa Petrides ELECTED San Mateo County Community College Board
Sylvia Hacaj RE-ELECTED Kensington Police & Fire Protection District
City of West Hollywood
¾ Cent Local Sales Tax
Raises $11 Million annually SUCCESSFUL
City of Chino Hills
Transient Occupancy Tax
Raises $260,000 annually SUCCESSFUL
City of Lakewood
¾ Cent Local Sales Tax
Raises $10 Million annually SUCCESSFUL
City of Exeter
One cent Local Sales Tax
Raises $800,000 annually SUCCESSFUL
Eureka City Schools
General Obligation Bond
$18 Million SUCCESSFUL City of Eureka
Increased Local Sales Tax to 1.25 cents
Raises $9.6 Million annually SUCCESSFUL
City of Cotati
Local Sales Tax Renewal
Protects $1 Million annually SUCCESSFUL
City of Azusa
¾ Cent Local Sales Tax
Raises $4.5 Million annually SUCCESSFUL
City of La Habra
Cannabis Tax Measure
Raises $2 Million annually SUCCESSFUL
City of Bellflower
¾ Cent Local Sales Tax
Raises $4.5 Million annually SUCCESSFUL
City of Turlock
¾ Cent Local Sales Tax
Raises $11 Million annually SUCCESSFUL
City of South Lake Tahoe
1 Cent Local Sales Tax
Raises $5.4 annually SUCCESSFUL
City of Menifee
Defeated attempted repeal
Protects $11 Million/year SUCCESSFUL
City of Morro Bay
Additional 1 Cent Local Sales Tax
Raises $2 Million annually SUCCESSFUL
City of Imperial Beach
1 Cent Local Sales Tax
Raises $1.3 Million annually SUCCESSFUL
City of Lake Elsinore
1 Cent Local Sales Tax
Raises $10 Million annually SUCCESSFUL
City of Paso Robles
1 Cent Local Sales Tax
Raises $10 Million annually SUCCESSFUL
City of Milpitas
¼ Cent Local Sales Tax
Raises $6.5 Million annually SUCCESSFUL
234
City of Gardena
¾ Cent Local Sales Tax
Raises $7.4 Million annually SUCCESSFUL
City of Santa Clara
Transient Occupancy Tax Increase
Raises $7 Million annually SUCCESSFUL
City of Petaluma
1 Cent Local Sales Tax
Raises $13.5 Million annually SUCCESSFUL
City of Half Moon Bay
Transient Occupancy Tax increase
Raises $1.5 Million annually SUCCESSFUL
City of Daly City
½ Cent Local Sales Tax
Raises $6 Million annually SUCCESSFUL
SELECTED 2019 ENACTMENTS
City of Arcadia
¾ Cent Local Sales Tax
Raises $8.6 Million annually SUCCESSFUL
City of Hermosa Beach
Transient Occupancy Tax
Raises $550,000 annually SUCCESSFUL
City of San Bruno
½ cent Local Sales Tax
Raises $4 Million annually SUCCESSFUL
City of Novato
Transient Occupancy Tax Increase
Raises $400,000 annually SUCCESSFUL
City of Corona
1 Cent Local Sales Tax
Raises $30 Million annually SUCCESSFUL
City of Alhambra
¾ Cent Local Sales Tax
Raises $8.1 Million annually SUCCESSFUL
City of Signal Hill
¾ Cent Local Sales Tax
Raises $5 Million annually SUCCESSFUL
City of Wheatland
½ Cent Local Sales Tax
Raises $330,000 annually SUCCESSFUL
City of Rancho Cordova
Additional ½ Cent Local Sales Tax
Raises $8 Million annually SUCCESSFUL
City of Sausalito
Prop. 218 Sewer Rate Increase SUCCESSFUL
City of Manhattan Beach
Transient Occupancy Tax
Raises $1 Million annually SUCCESSFUL
235
EXHIBIT "A"
SCOPE OF SERVICES
• Review archival information
• Update the City on current Best Practices used by other municipalities for similar projects • Facilitate and update coordinated project execution and timeline • Conduct audit of all pertinent City issues /media coverage in the public arena • Review City budget and public safety policies, materials, and planning • Facilitate design of opinion research by designated subcontractor FM3 Research of one public opinion research stud y, dual mode (online and by cell/landline phones) in English/Spanish
• Analyze survey results, provide project recommendations • Draft Public Safety Messaging/Engagement Platform
• Draft text copy for communications collaterals such as FAQs, web content, mailings, utility inserts, digital/online vehicles, and other materials (graphic design, printing, postage, and paid advertising is not included in contract and must be budgeted for separately by City)
• Conduct message training for City staff
• Work with City staff on methods to engage affected constituents, expand community awareness of p ublic safet y funding and sustainability needs and solicit additional community input on City’s public safety proposal/vision • Provide recommendations to proposed city budget reports, presentations, or documents and project-related staff reports
• Assist with rapid response needs from media or the community as necessary to correct misinformation or clarify confusing information (LEG does not function as a city spokesperson)
• Advise City of viability and feasibility of any potential reauthorization measure and confer with City Attorney on measure components
The parties expressly acknowledge and agree that legal services or advice are not within Consultant’s scope of services. Consultant’s services will be provided exclusively via teleconference or videoconference—no on-site visit or travel will be required by the City.
236
EXHIBIT "B"
COMPENSATION
Total Not To Exceed (NTE) Contract Amount is One Hundred and Eight Thousand, Seven Hundred and fifty Dollars and No Cents ($108,750.00).
For Professional Consulting Services : Not to Exceed (NTE) Seventy-eight Thousand Dollars ($78,000.00) due and payable in twelve (12) payments of Six Thousand, Five Hundred Dollars ($6,500) per payment on the last business day of each month commencing December 31st, 2023, and ending on November 30th, 2024, unless the term of agreement ends sooner.
For Public Opinion Research Services to be conducted by designated subcontractor FM3 Research: NTE Thirty Thousand and seven hundred and fifty Dollars ($30,750.00) upon invoice by consultant for one baseline opinion research dual mode (online and by cell/landline phones) survey of approximately 20 minutes of up to 300 respondents, in English/Spanish
237
For the Meeting ofi December 7,2023
AgendaItemNo.
T-T
CITY OF SANGER
RE,PORT TO THE, CITY COUNCIL
To:
From:
Subject:
Attachment (s):
Mayor and City Council
Greg Garnerr lnterim City Manager
Fresno County Draft Infectious Disease Ordinance
Fresno County Draft Infectious Disease Ordinance
CONF'LICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council provide direction as to the City of Sanger desired participation in Fresno County Infectious Disease Ordinance, scheduled for a vote at the Fresno County Supervisors' meeting on Tuesday, December 12,2023, with a press conference scheduled for immediately after the vote.
DISCUSSION
Fresno County Administrative Officer, Paul Nerland, provided information of the Fresno County Board of Supervisors to vote on a proposed new ordinance intended to impact incidents such as the recent discovery of a clandestine laboratory in the City of Reedley. The ordinance would broaden the regulatory capabilities of the Fresno County Health Department in all unincorporated portions of the County. In addition, the ordinance includes a provision speaking to incorporated areas within the County and the ability to enter into a Memorandum of Understanding (MOU) with the County to allow its enforcement within incorporated City limits.
In anticipation of the ordinance passing during the Board Meeting, CAO Nerland extended an invitation to the Sanger City Manager, Mayor and Councilmembers to attend a press conference immediately following the vote.
Prepared by: Greg Garner Approved by:
REVIEW: City Manager: & Finance: PC City Attorney:
TYPE OF ITEM:
X
Consent
Informational Item
Action Item
Depattment Report
COMMITTEE ACTION: APPROVED DENIED NO ACTION
Public Hearing
Mattet Initiated by a Council Member
Other:
Continued to:
238
BACKGROUND
In recent months, a clandestine laboratory was located within the City of Reedley. A subsequent investigation prompted the County to draft a proposed ordinance to impact future problems of this nature.
The ordinance contains language that would allow partnerships with incorporated municipalities within the County that would facilitate inspections and other regulatory activities to be conducted by the Fresno County Health Department within those incorporated municipalities. This would require an MOU with the County for such services.
REASON FOR RECOMMENDATION:
To provide a response to the invitation by CAO Nerland to join the event planned for Tuesday, December 12,2023.
FISCAL IMPACT:
None
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BEFORE THE BOARD OF SUPERVISORS
OF THE COUNTY OF FRESNO
STATE OF CALIFORNIA
ORDINANCE NUMBER
AN ORDINANCE ADOPTING CHAPTER 8.52 OF THE ORDINANCE CODE OF FRESNO COUNTY, "Fresno County lnfectious Materials Ordinance.' The Board of Supervisors of the County of Fresno ordains as follows:
Section 1. Chapter 8.52 of the Ordinance Code of Fresno County, entitled "FRESNO COUNTY INFECTIOUS MATERIALS ORDINANCE,' is adopted, as follows:
8.52.010 - Declaration of findings.
8.52.020 - Purpose.
The purpose of this chapter is to establish a monitoring and inspection system to oversee privately funded laboratories that hanclle infectious agents without oversight from an existing permitting public agency. This ordinance is to address an existing absence of fbderal and,state legislative oversight over these businesses and activities specified herein.
8.52.030 - Area of application.
A. This ordinance shall apply to all non-Clinical Laboratory Improvement Amendments (CLIA) regulated laboratories and research and development businesses (as that term is defined in 42 USC $263a) located or operating within the geographic area in which the health department enforces state and local statutes, orders, quarantines, rllles, regulations and ordinances relating to public health in the unincorporated area of Fresno County or within the incorporated area of any city within the county, to which cities have signed a memorandum of understanding that authorizes the County to conduct oversight of the laboratories.
B. InordertoauthorizetheCountyofFresnotoenforcetheprovisionsofthispublicsafety ordinance in Incorporated cities within the County of Fresno, said cities must adopt the provisions of this ordinance delegating enforcement authority to the County of Fresno and must enter into a memorandum of understanding with the County of Fresno. Said 240
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28 memorandum of understanding shall include terms providing for the reimbursement of all costs incurred by the County of Fresno and not recouped by the fees developed by the County or other recovery actions, the assistance by city law enforcement, fire and emergency personnel when necessary, the prosecution when appropriate of violations of this Chapter by city attorneys in the relevant jurisdictions. and other matters as may be deemed necessary or appropriate by the parties.
8.52.040 - Definitions.
As used in this chapter:
A. "Clinical Laboratory Improvement Anrendments (CLIA)" means language found in 42 USC 263a.
B. "CLIA Regulations" means language found at42CFP.493.
C. "Laboratory" means a facility for the biological, microbiological, serological, chemical, immunopharmacological, hematological, biophysical, cytological, pathological, or other examination of materials derived fi'om the human body or other type of materials from research and development processes for the purpose of providing information for the diagnosis. preventiorr. or treatnrent of any disease or impairment of, or the assessment of the health of. human beings. These examinations also include a procedure to deternrine, measure. or otherwise describe the presence or absence of various snbstances or organisms in the body.
D. "Researclt Laboratories" nreans facilities performing researdh testing on human specitrens that do not report patient-specific results, as described at 42 C.F.R. $ 4q3.3(bx2).
E. "lnfectious Agents" means a microorganism (including, but not limited to, bacteria (including rickettsiae), viruses, fungi, or protozoa) or prion, whether naturally occurring, bioengineered, or artificial, or a component of such microorganism or prion that is capable of causing communicable disease in a human.42 CFR 71.54.
F. "Hazardous Materials Certified Unified Program Agency (CUPA)" means a local agency certified by CaIEPA to implement and enforce six state hazardous waste and hazardous materials regulatory management programs. See California Health and Safety Code Division 20, Chapter 6.1l, Sections25404-25404.9; California Code of Regulations 2 241
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Title 27, Division l, Subdivision 4, Chapter 1, Sections 15100-15620; and California Code of Regulations Title27, Division 3, Subdivision 1.
G. "Medical Waste Permit" means a permit issued by the California Department of Public Health; Medical Waste Program under the Medical Management Program as found in California Health & Safety Code I179 I
H. "California Animal Use Permit Program" lan in The California Health and Safety Code Division 2, Chapter 1650 and the California Code of Regulations Title 17, apter I,
I. CallOSHA Guidelines means the language ln the Cali
Regulations section 5199, Aerosol Dise ASCS,
J. "Person" means any individual, firm or
8.52.050 - Permit for Operation Req
A. All facilities of laboratory not subject to
CLIA law and shall be it in the County of Fresno
and anv i within the a memorandum of understanding
the County to conduct oversight of the unregulated
ries. The permit will allow the operation of the
subject to CLIA law and regulations and the
or use Agents as defined in this Ordinance. The
a reasonable fee to be charged to applicants and permittees to of the permit and the administrative costs of overseeing the of this Chapter.
B any person, without first having obtained a permit from the health engage in the businesses and activities of a laboratory or research la not subject to CLIA law and regulations, in the County or any city that has signed a memorandum of understanding with the County
C. It is unlawful for any person, currently engaging in the businesses and activities of a laboratory or research laboratory not subject to CLIA law and regulations on the effective of
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3 too
or
cover the cost of
County shall
onitoring and
laboratory
handling,
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16 date of this Ordinance in the County or any city that has signed a memorandum of understanding with the County to continue to engage in said business and activities without obtaining a permit from the health department, to engage in the businesses and activities of a laboratory or research laboratory not subject to CLIA law and regulations within ninety (90) days of the effective date of this
D. It is unlawful for any person, to engage in of a laboratory or research laboratory not subject to CLIA la or any city
an expired,that has signed a memorandum of un
revoked or suspended permit issued by the t of Publ
to this Chapter, except that no person shall be eanor of this Chapter for engaging in the bus activ ly or research laboratory not subject to CLIA la in the
ng with
Cou
under a
city that has
or suspendedsigned a memorandum of
permit so long as the person is
8.52.065 of this
including but not li to ceasing
compliance w
v set out in Section
of that section,
of a revoked permit, and
I
in
tions or health director or designee to
abate any immed the public health or safety.
defin a laboratory or research laboratory not subject to shall be required to have an annual site visit by the County ine a reasonable fee to be paid by permittees to cover the costs n, which must be paid within ten days of the date of the annual any person, without first having obtained a written certificate of from the health department, to engage in the businesses and activities of a 21 22
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B.
laboratory or research laboratory in the County or any city that has signed a memorandum of understanding with the County or to continue to engage in said business and activities without allowing a reasonable opportunity for the County Health Department to conduct the required inspections on an annual basis. 4 n
lons ln
plied
A. All facilities nr
CLIA law and
The County shall
ofthe annual
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i; r'.r.;'ir1 I
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28 C. The County shall evaluate applicability to Hazardous Materials CUPA, participation in the State's Medical Waste Management Program, participation in the State's Animal Use Permit Program, receive an inventory of chemicals and biological agents onsite, receive an inventory of safety protocols in management of biological agents including but not limited to testing methodologies, environmental controls, and safety equipment applicable annual certification. Safety protocols in management of biological agents shall be consistent with CallOSHA Guidelines.
D. All facilities meeting the definition of a laboratory or research laboratory not subject to CLIA law and regulations must report to the County their operational plan and compliance with applicable fbderal, stateo and local regulations.
E. County staff will assess and coordinate with and refer appropriate matters to any federal, state. or local agency to ensnre compliance with existing f-ederal, state, and local regulations.
8.52.065 - Permit suspension or revocation.
A. A permit or interim pemiit (90 days) may be suspended or revoked for a violation of the Fresno County Ordinance Code or state statutes, orders, quarantines, rules, and regulations. Any business or activity for which a permit has been suspended shall cease operation and remain out of operation until the permit has been reinstated. Any business or activify for which a permit has been revoked shall cease operation and remain out of operation until a new permit has been issued.
B. l. Whenever an enforcement officer finds that an applicant or a permitted business or activity is not in compliance, a written notice to comply shall be issued to the permittee or applicant.
2. If the permittee or applicant fails to comply, the enforcement officer shall issue to the permittee or applicant a notice setting forth the acts or omissions with which the permittee or applicant is charged and informing him or her of a right to a hearing, if requested, to show cause why the permit should not be denied, suspended, or revoked.
A written request for a hearing shall be made by the permittee or applicant within 5 244
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16 fifteen calendar days after receipt of the notice. Failure to request a hearing within fifteen calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the public health director or designee may order a hearing at any reasonable time within this fifteen-day period to expedite the permit denial, suspension or revocation process.
3. The hearing shall be held before the pub
calendar days of the receipt of a request
permittee or applicant, the public health di
date, if wamanted.
C. The public health director or designee shall issue a permittee or applicant within five . In the event ofa
ify the issions with
the of the denial or
is found, unless the danger is
srgnee within fifteen
request of the
any hearing
ofd CCIS the
may
llowing
denial, suspension or revo
which the permittee or app
suspension or that the p it
D. l. If any immediate
immediatelv c
tce
to the
public
pub
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may temporarily suspend
and iness closed to cease. Immediate danger to the
any condition, based upon inspection findings or other
cause . poisoning, disease transmission, or hazardous
b
susperrded as the result of an immediate danger to the public lic health director or designee shall issue to the permittee a acts or omissions with which the permittee is charged,
nent code section, and informing the permittee of the right to a
3. At time within fifteen calendar days after service of a notice pursuant to subdivision (2) of this subsection, the permittee may request in writing a hearing before the public health director or designee to show cause why the permit suspension is not warranted. The hearing shall be held within fifteen calendar days of the receipt of a 6 2. Whenever a
health or safety,
otice setting
0b
evidence,
condition
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16 publ
request for a hearing. A failure to request a hearing within fifteen calendar days shall be deemed a waiver of the right to such hearing.
E. The public health director or designee may, after providing opportunity for a hearing, modify, suspend or revoke a permit for serious or violations of any state and the enforcementlocal requirements or for interference in the officer.
F. A permit may be reinstated or a new p the Ith director determines that conditions which prompted ston or no
exist. Applicable fees must be paid upon is
c. Permit modificationo denial, suspensi may led to the County Hearing Officer. A written req shall the permittee
or applicant within fifteen
health director.
receipt of decis from the public
H. Failure to request a the pursuant to subsection G
of this section deemed a such hearing. If a hearing is
tirne re sustain, modify or reverse the
it.
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irector.
ln health officer, may appeal the decision of the
rto
of
supervisors by filing an appeal in writing with
supefvlsors within fifteen days of the decision. Failure to fifteen calendar days shall be deemed a waiver of the right to of supervisors may sustain, modify or reverse the decision of The board of supervisors'decision shall be final.
8 A. Any authorized by the public health department to conduct inspections or to collect fees for any business or activity subject to this chapter shall have the authority and immunities of a public officer and employee as provided in Section 836.5 of the Califomia Penal Code, to make arrests without a warrant whenever the officer or 7 the clerk of the
reqLlest a hearing
County
such hearing.
County
I. Any inte
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employee has reasonable cause to believe that the person to be arrested has committed an act in the officer's or employee's presence which is a violation of this chapter.
B. Violation of this Chapter is a misdemeanor, subject to a penalty of up to six months in jail and a fine of up to $1,000.00.
C. Violation of this Chapter is declared to be a
D. Notwithstanding any other provision of Chapter may be enforced by levying a civil penalty of up to day that such violation exists constituting a separate violation
E. Notrvithstanding any other provision of this this be enforced by a civil action seeking civil of abatement of non-compliant facilities, and/or
F. Notwithstanding any other of this any of abatement of dangerous or non-c be recovered by the
County through any or state law.
G. The remedies this Section other remedies or procedures under its or state law to pursue.
isors of Fresno ordains as follows:
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8 I ll'i
) : i'i :
:,i I
; ,l
The Board
Section 1:
Section 2:
i,1,,1.rlrr
.i,ri,ri ri
:'.
247
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16 THE FOREGOING was passed and adopted by the following vote of the Board of Supervisors of the Coung of Fresno this _ day of 2023, to-wit:
AYES:
NOES:
ABSENT:
ABSTAINED
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By
SalQu
Board of
the
of
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9 248