AGENDA
WATERFORD CITY COUNCIL - REGULAR MEETING
WATERFORD CITY HALL, CITY COUNCIL
CHAMBERS 101 “E” STREET, WATERFORD, CA
CALL TO ORDER &
FLAG SALUTE: Mayor Aldaco
INVOCATION: Invocation
ROLL CALL:
Mayor: Jose Aldaco
Vice Mayor: Joseph Ewing, III
Council Members: Jamie Hilton, Jill Kitchens, Elizabeth Talbott ADOPTION OF AGENDA:
A member of the City Council motions to accept the items on the agenda for consideration as presented, or motions for any additions, including emergency items, or items pulled from consideration.
CONFLICT OF INTEREST DECLARATION:
Declaration by City Council members who may have a direct Conflict of Interest on any scheduled agenda item to be considered.
1. 1a: PRESENTATION: StanCOG 2022 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) Update.
2. This is the portion of the meeting specifically set aside to invite public comments regarding any matters not appearing on the agenda and within the jurisdiction of the City Council or the Successor Agency. Individual audience participation is limited to a maximum of 5 minutes. We encourage you to share your name and address, or submit a speaker card to the City Clerk.
3. All Matters listed under the Consent Calendar are considered routine by the Council and will be adopted by one action of the Council unless any Council Member desires to discuss any item or items separately. In that event, the Mayor will remove that item from the Consent Calendar and action will be considered separately.
3a: MOTION: Waiving all Readings of Ordinances and Resolutions, except by title. 3b: RESOLUTION: Adopting Resolution 2022-01, Approving the Warrant Register in the Amount of $500,332.02 for the Period of December 9 to December 27, 2021.
WATERFORD CITY COUNCIL REGULAR MEETING – January 6, 2022 - 6:30 PM
COMMUNICATIONS FROM THE AUDIENCE
PRESENTATIONS
ADOPTION OF CONSENT CALENDAR
3c: MOTION: Approving Minutes of the Regular City Council Meeting held December 16, 2021. 3d: RESOLUTION: Resolution 2022-02, Approving the Transportation Development Act Local Transportation Fund Claim for Fiscal Year 2021-2022 Other Purposes.
4. 4.
5. 5a: MOTION: Approving Amendment No. 1 to the Agreement between the City of Waterford and Gilton Solid Waste Management, Inc. for the Franchise Agreement and Authorize the City Manager to Execute Agreement. (Statzer)
RESOLUTION: Resolution 2022-03, Adopting the Rate Schedule, Fees and Charges for Refuse Service in the City of Waterford as defined in Exhibit C. (Statzer)
6. 7.
8. 8a: City Project List
9. 9a: City Staff
9b: City Council
10. 11.
12. CLOSED SESSION
ADJOURNMENT / RECESS
STAFF/COUNCIL COMMENTS AND MEETING REPORTS
INFORMATIONAL ITEMS
SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY
GENERAL BUSINESS
FINAL READINGS
REPORT OUT OF CLOSED SESSION
PUBLIC HEARINGS
NOTICE
REPORTS: Copies of the staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection at the front counter at City Hall during normal business hours.
COMMUNICATIONS FROM THE AUDIENCE: If you wish to address the City Council or the Successor Agency on any item not on the printed agenda, prior to the start of the meeting, or prior to addressing the City Council or the Successor Agency, complete and submit a speaker card and deliver it to the City Clerk. (Please note, speaker cards are not required, however completing a speaker card enables staff to better follow up with you later, if necessary and attribute your comments to you in the minutes of the meeting). When the Mayor calls for “Communications from the Audience,” stand or raise your hand and the Mayor will ask you to approach the podium and state your name and city of residence. It is the policy of the City Council that they will not act on any matter not appearing on the posted agenda. The purpose of the discussion is to permit a member of the public to raise an issue or problem and to permit the City Council to ask questions for clarification of the issue or problem, provide information to the public, provide direction of the City Staff, or schedule the matter for a future meeting. Please hold all comments to five (5) minutes.
PUBLIC COMMENTS RELATED TO AN ITEM ON THE PRINTED AGENDA: Members of the public are entitled to directly address the City Council or the Successor Agency concerning any item that is described on the agenda during consideration of that item. If during a public hearing, the Mayor will direct when the hearing has opened for public comment. If you wish to address the City Council or the Successor Agency on any item listed on this agenda, please complete a speaker card and deliver it to the City Clerk prior to discussion of that item. (Please note, speaker cards are not required, however completing a speaker card enables staff to better follow up with you later, if necessary and attribute your comments to you in the minutes of the meeting.) When your name is called proceed to the podium and state your name and city of residence.
WRITTEN MATERIAL INTRODUCED INTO THE RECORD: Citizens wishing to introduce written material into the record at the public hearing on any item are requested to provide a copy of the written material to the City Clerk prior to the public hearing date and/or prior to the opening of the public hearing so that the material may be distributed to the City Council prior to the public hearing.
NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
LIVE AND ON-DEMAND VIDEO RECORDINGS OF THE CITY COUNCIL/SUCCESSOR AGENCY: The meeting of the Waterford City Council/Successor Agency can be watched live and on-demand from the City’s website at www.cityofwaterford.org.
AMERICANS WITH DISABILITIES ACT (ADA): In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disabilityrelated modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (209) 874-2328 ext. 101 or email:
[email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting General Information: The Waterford City Council meets on the 1st and 3rd Thursdays of each month at 6:30PM., unless otherwise noticed.
Council Agenda’s: Copies of City Council Agenda and agenda related writings or documents will be made available for public inspection at the front counter at City Hall located at 101 “E” Street, Waterford, CA 72 hours prior to the meeting, or at the time of the scheduled meeting. _______________________________________________________ Patricia Krause, CMC, City Clerk Date
Presentations 1a
January 6, 2022
Patricia Krause, Assistant to the City Manager/City Clerk City Council Staff Report
Presentation: StanCOG 2022 Regional Transportation Plan / Sustainable Communities Strategy (RTP/SCS) Update
SUMMARY:
StanCOG 2022 Regional Transportation Plan / Sustainable Communities Strategy (RTP/SCS) Update.
ANALYSIS:
StanCOG 2022 Regional Transportation Plan / Sustainable Communities Strategy (RTP/SCS) Update.
FISCAL IMPACT:
N/A
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
N/A
ATTACHMENTS:
N/A
Consent Calendar 3a
January 6, 2022
Patricia Krause, City Clerk / Assistant to the City Manager City Council Staff Report
Motion: Waive Readings of Ordinances and Resolutions, Except by Title.
SUMMARY:
It is recommended that the City Council approve the waiver of readings of Ordinances and Resolutions, except by title.
ANALYSIS:
Pursuant to California Government Code §36934, approval of the waiver of readings will allow Ordinances and Resolutions to be introduced by title only and acted upon without the need to read the entire text of the item into the public record. The documents related to proposed Ordinances and Resolutions are available for review by the public on the City’s website and in the City Clerk’s office at City Hall.
FISCAL IMPACT:
N/A
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. Direct the City Clerk to read the entire text of resolutions and ordinances prior to approval and adoption.
2. Take no action.
ATTACHMENTS:
N/A
Consent Calendar 3b
January 6, 2022
Patricia Krause, City Clerk / Assistant to the City Manager City Council Staff Report
Resolution: Adopting Resolution 2022-01, Approving the Warrant Register in the Amount of $500,332.02 for the Period of December 9 to December 27, 2021.
SUMMARY:
Consider approving the Warrant Register for the period of December 9 to December 27, 2021.
ANALYSIS:
As per Government Code Section §41004, a listing of all payments the City has made for goods and services need to be approved by City Council on a regular basis. This Warrant Register includes payments and payroll made for the period of December 9 to December 27, 2021.
FISCAL IMPACT:
Payments for this period total $500,332.02.
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. Take no action.
2. Provide staff with further direction.
ATTACHMENTS:
• Resolution #2022-01
• Check Register Report
WATERFORD CITY COUNCIL
DATE TOTAL
PAYROLL 12/13/2021 $ 30,603.83
12/27/2021 $ 32,050.31
ACCOUNTS PAYABLE 12/9/2021 $ 105,123.36
12/13/2021 $ 17,437.67
12/14/2021 $ 276,444.31
12/16/2021 $ 22,209.61
12/27/2021 $ 16,462.93
TOTAL $ 500,332.02
Passed and Adopted by the City Council of Waterford at a regular meeting held on By the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PATRICIA KRAUSE, CMC, CITY CLERK JOSE M. ALDACO, MAYOR
RESOLUTION 2022-01
RESOLUTION # 2022-01
January 6, 2022
The City of Waterford does hereby reserve, determine and order as follows:
SECTION 1: That in accordance with Section 37202 of the Government Code that the City Manager hereby certifies to the accuracy of the following demands and the availability of funds for the payment thereof.
SECTION 2: That the following claims and demands are subject to audit as required by law, and that the same are hereby set forth.
User:
Printed: 12/13/2021 - 10:13AM
'trish'
Payroll
Include Partial: FALSE
ACH Check Register
Batch: 00013.12.2021
Check Date Check Number Employee No Employee Name Amount 12/13/2021 0 1002 2,499.79
12/13/2021 0 1006 818.52
12/13/2021 0 1008 1,967.40
12/13/2021 0 1011 1,634.12
12/13/2021 0 1015 1,240.39
12/13/2021 0 1017 1,122.12
12/13/2021 0 2004 2,365.01
12/13/2021 0 2005 1,934.41
12/13/2021 0 2006 2,584.69
12/13/2021 0 2007 148.33
12/13/2021 0 2010 521.51
12/13/2021 0 2012 2,226.20
12/13/2021 0 2020 3,984.33
12/13/2021 0 2023 1,600.13
12/13/2021 0 2027 932.81
12/13/2021 0 2028 1,298.80
12/13/2021 0 2030 1,674.58
12/13/2021 0 2031 1,411.83
12/13/2021 0 3004 134.79
12/13/2021 0 3010 125.44
12/13/2021 0 3011 126.21
12/13/2021 0 3012 126.21
12/13/2021 0 3013 126.21
Total Employees: Total: 23 30,603.83
PR- ACH Check Register (12/13/2021 - 10:13 AM) Page 1
User:
Printed: 12/27/2021 - 10:20AM
'trish'
Payroll
Include Partial: FALSE
ACH Check Register
Batch: 00027.12.2021
Check Date Check Number Employee No Employee Name Amount 12/27/2021 0 1002 2,499.79
12/27/2021 0 1006 1,165.80
12/27/2021 0 1008 1,907.70
12/27/2021 0 1011 1,476.78
12/27/2021 0 1015 1,188.69
12/27/2021 0 1017 983.67
12/27/2021 0 2004 2,304.20
12/27/2021 0 2005 1,973.06
12/27/2021 0 2006 2,584.69
12/27/2021 0 2007 332.27
12/27/2021 0 2010 541.68
12/27/2021 0 2012 2,079.78
12/27/2021 0 2020 4,166.80
12/27/2021 0 2023 2,101.89
12/27/2021 0 2024 1,474.60
12/27/2021 0 2027 683.37
12/27/2021 0 2028 1,107.18
12/27/2021 0 2030 1,683.49
12/27/2021 0 2031 1,156.01
12/27/2021 0 3004 134.79
12/27/2021 0 3010 125.44
12/27/2021 0 3011 126.21
12/27/2021 0 3012 126.21
12/27/2021 0 3013 126.21
Total Employees: Total: 24 32,050.31
PR- ACH Check Register (12/27/2021 - 10:20 AM) Page 1
User:
Printed: 12/09/2021 - 11:26AM
desiree
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00009.12.2021
Invoice No Description Amount Payment Date Acct Number Reference Vendor: 103400 ANSWERNET Check Sequence: 1 ACH Enabled: False 112-80786 NOVEMBER ANSWERING SERVICE 29.50 12/09/2021 5050-700-7810 112-80786 NOVEMBER ANSWERING SERVICE 29.48 12/09/2021 5071-800-7810 112-80786 NOVEMBER ANSWERING SERVICE 14.73 12/09/2021 1010-310-7810 Check Total: 73.71
Vendor: 110900 AT&T MOBILITY Check Sequence: 2 ACH Enabled: False 11242021 NOV 17-DEC 16 IPAD WIRELESS SERVICE #287280326939 34.09 12/09/2021 1010-110-7811 Check Total: 34.09
Vendor: 105896 AYERA TECHNOLOGIES, INC. Check Sequence: 3 ACH Enabled: False 327260 DECEMBER INTERNET CITY HALL 214.00 12/09/2021 1010-110-7811 327373 DECEMBER INTERNET WWTP 84.00 12/09/2021 5050-700-7811 Check Total: 298.00
Vendor: 106525 BOYETT PETROLEUM Check Sequence: 4 ACH Enabled: False CL--281166 NOVEMBER FUEL PURCHASES ACCT: 5694 256.58 12/09/2021 1010-310-7520 CL--281166 NOVEMBER FUEL PURCHASES ACCT: 5694 160.77 12/09/2021 1010-580-7520 CL--281166 NOVEMBER FUEL PURCHASES ACCT: 5694 566.30 12/09/2021 5050-700-7520 CL--281166 NOVEMBER FUEL PURCHASES ACCT: 5694 137.54 12/09/2021 5070-800-7520 CL--281166 NOVEMBER FUEL PURCHASES ACCT: 5694 132.63 12/09/2021 5071-800-7520 CL--281166 NOVEMBER FUEL PURCHASES ACCT: 5694 69.28 12/09/2021 5072-800-7520 Check Total: 1,323.10
Vendor: 107350 CALIFORNIA AUTO SERVICE Check Sequence: 5 ACH Enabled: False 34703 REPAIRS TO AIR COMPRESSOR 51.45 12/09/2021 5071-800-7420 34703 REPAIRS TO AIR COMPRESSOR 14.70 12/09/2021 5070-800-7420 34703 REPAIRS TO AIR COMPRESSOR 7.39 12/09/2021 5072-800-7420 AP-Computer Check Proof List by Vendor (12/09/2021 - 11:26 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 73.54
Vendor: 108025 CALIFORNIA CONSULTING, INC. Check Sequence: 6 ACH Enabled: False 4917 DECEMBER CONSULTING SERVICES 3,006.54 12/09/2021 1010-110-7190 Check Total: 3,006.54
Vendor: 114310 DE LAGE LANDEN Check Sequence: 7 ACH Enabled: False 74655344 KONICA LEASE 12/15/21-1/14/22 ACCT: 528595 246.62 12/09/2021 1010-110-7600 Check Total: 246.62
Vendor: 115200 CALIFORNIA DEPARTMENT OF TRANSPORTATION Check Sequence: 8 ACH Enabled: False SL-220505 REVIS REVISED SIGNALS AND LIGHTING JUL-SEP '21 48.90 12/09/2021 1010-310-7820 Check Total: 48.90
Vendor: 121000 GILTON SOLID WASTE MANAGEMENT, INC. Check Sequence: 9 ACH Enabled: False 113021 NOVEMBER REINWAY PARK BIN 218.82 12/09/2021 1010-580-7410 Check Total: 218.82
Vendor: 126570 J.B. ANDERSON LAND USE PLANNING Check Sequence: 10 ACH Enabled: False 120121GPS NOVEMBER PLANNING SERVICES 982.25 12/09/2021 1010-430-7195 Check Total: 982.25
Vendor: 200759 JARED STEELEY WATER & WASTEWATER MANAGEMENT Check Sequence: 11 ACH Enabled: False 9220 NOVEMBER WATER CONSULTANT 6,403.60 12/09/2021 5071-800-7190 9220 NOVEMBER WATER CONSULTANT 1,829.60 12/09/2021 5070-800-7190 9220 NOVEMBER WATER CONSULTANT 914.80 12/09/2021 5072-800-7190 Check Total: 9,148.00
Vendor: 138700 LINDE GAS & EQUIPMENT INC. Check Sequence: 12 ACH Enabled: False 67312893 10/20-11/20 CYLINDER RENTAL CUST NO.: 71754502 38.38 12/09/2021 1010-310-7510 Check Total: 38.38
Vendor: 131050 MCCOY TRUCK TIRE SERVICE Check Sequence: 13 ACH Enabled: False 10111786 VACTOR WATER TRUCK REPAIR 445.67 12/09/2021 5050-700-7430 10111786 VACTOR WATER TRUCK REPAIR 311.97 12/09/2021 5071-800-7430 10111786 VACTOR WATER TRUCK REPAIR 90.00 12/09/2021 5070-800-7430 10111786 VACTOR WATER TRUCK REPAIR 43.70 12/09/2021 5072-800-7430 AP-Computer Check Proof List by Vendor (12/09/2021 - 11:26 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 891.34
Vendor: 131000 MCR ENGINEERING, INC. Check Sequence: 14 ACH Enabled: False 16510 OCTOBER ENGINEERING SERVICES 1,062.50 12/09/2021 4350-700-7196 16510 OCTOBER ENGINEERING SERVICES 450.00 12/09/2021 1010-430-7196 16510 OCTOBER ENGINEERING SERVICES 875.00 12/09/2021 6310-310-8292 16510 OCTOBER ENGINEERING SERVICES 250.00 12/09/2021 1010-430-7196 16510 OCTOBER ENGINEERING SERVICES 2,150.00 12/09/2021 5075-800-8022 16510 OCTOBER ENGINEERING SERVICES 9,270.70 12/09/2021 6320-320-8200 16510 OCTOBER ENGINEERING SERVICES 875.00 12/09/2021 2171-310-7190 Check Total: 14,933.20
Vendor: 131898 MID VALLEY IT Check Sequence: 15 ACH Enabled: False 202139874 PC INSTALL CODE ENFORCEMENT 2,069.42 12/09/2021 2010-210-8020 Check Total: 2,069.42
Vendor: 132701 MODESTO IRRIGATION DISTRICT (4060) Check Sequence: 16 ACH Enabled: False WATER YEAR 2021 080-007-073 & 080-030-080 IRRIGATION & WELCH PARK 2021 159.72 12/09/2021 1010-580-7730 WATER YEAR 2021 080-007-073 & 080-030-080 IRRIGATION & WELCH PARK 2021 50.93 12/09/2021 1010-310-7820 Check Total: 210.65
Vendor: 135325 O'REILLY AUTO PARTS Check Sequence: 17 ACH Enabled: False 3915-177448 WASTEWATER ELECTRIC VEHICLE BATTERY 62.34 12/09/2021 5050-700-7430 Check Total: 62.34
Vendor: 136600 PG&E Check Sequence: 18 ACH Enabled: False 111721-01 #5334599333-0 GAS 101 E ST. 10/18-11/17 2021 42.02 12/09/2021 1010-110-7820 111721-02 #3023936607-0 115 E ST. 10/18-11/17 2021 68.93 12/09/2021 1010-210-7820 111721-03 #1549682036-4 540 C ST. 10/18-11/17 2021 490.28 12/09/2021 1010-560-7820 111721-04 #3351656782-4 12308 BENTLEY ST. 10/18-11/17 2021 111.50 12/09/2021 1010-550-7820 Check Total: 712.73
Vendor: 136625 PIONEER MARKET WATERFORD Check Sequence: 19 ACH Enabled: False 120121 NOVEMBER STORE PURCHASES ACCT: 1240 11.01 12/09/2021 1010-110-7510 120121 NOVEMBER STORE PURCHASES ACCT: 1240 120.93 12/09/2021 1010-110-7732 120121 NOVEMBER STORE PURCHASES ACCT: 1240 25.45 12/09/2021 5050-700-7510 Check Total: 157.39
AP-Computer Check Proof List by Vendor (12/09/2021 - 11:26 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 130200 ROBBINS BROWNING GODWIN & MARCHINI LLP Check Sequence: 20 ACH Enabled: False 66361 NOVEMBER ATTORNEY SERVICES 3,298.06 12/09/2021 1010-110-7194 Check Total: 3,298.06
Vendor: 143195 SIEMENS INDUSTRY INC Check Sequence: 21 ACH Enabled: False 5330150632 12/01/21-2/28/22 QUARTERLY FIRE SERVICE AGREEMENT #30439054 935.75 12/09/2021 1010-110-7300 Check Total: 935.75
Vendor: 144700 SPRINGBROOK HOLDING COMPANY LLC Check Sequence: 22 ACH Enabled: False INV-008066 NOVEMBER CIVICPAY FEES 342.50 12/09/2021 5050-700-7610 INV-008066 NOVEMBER CIVICPAY FEES 205.50 12/09/2021 5071-800-7610 INV-008066 NOVEMBER CIVICPAY FEES 102.50 12/09/2021 5070-800-7610 INV-008066 NOVEMBER CIVICPAY FEES 34.50 12/09/2021 5072-800-7610 Check Total: 685.00
Vendor: 145750 STANISLAUS ANIMAL SERVICES AGENCY Check Sequence: 23 ACH Enabled: False 120221 F 21/22 3RD QTR PAYMENT & FY20/21TRUE UP 11,558.00 12/09/2021 1010-410-7160 Check Total: 11,558.00
Vendor: 145755 STANISLAUS CONSOLIDATED FIRE PROTECTION DIST Check Sequence: 24 ACH Enabled: False 113021 PAYMENT #4 REAL PROP/IMPROVE AGREEMENT 4,931.00 12/09/2021 1010-300-8061 113021 PAYMENT #4 REAL PROP/IMPROVE AGREEMENT 9,862.00 12/09/2021 5075-800-8060 113021 PAYMENT #4 REAL PROP/IMPROVE AGREEMENT 9,861.00 12/09/2021 4350-700-8060 Check Total: 24,654.00
Vendor: 146100 STANISLAUS COUNTY AUDITOR-CONTROLLER Check Sequence: 25 ACH Enabled: False 57195 SEPTEMBER CNG & VEHICLE REPAIRS 65.65 12/09/2021 1010-310-7520 57195 SEPTEMBER CNG & VEHICLE REPAIRS 3,538.32 12/09/2021 5050-700-7430 57195 SEPTEMBER CNG & VEHICLE REPAIRS 2,476.83 12/09/2021 5071-800-7430 57195 SEPTEMBER CNG & VEHICLE REPAIRS 707.67 12/09/2021 5070-800-7430 57195 SEPTEMBER CNG & VEHICLE REPAIRS 353.83 12/09/2021 5072-800-7430 57195 SEPTEMBER CNG & VEHICLE REPAIRS 20.11 12/09/2021 5071-800-7520 57195 SEPTEMBER CNG & VEHICLE REPAIRS 5.75 12/09/2021 5070-800-7520 57195 SEPTEMBER CNG & VEHICLE REPAIRS 2.87 12/09/2021 5072-800-7520 Check Total: 7,171.03
Vendor: 146700 STANISLAUS COUNTY RECORDER Check Sequence: 26 ACH Enabled: False 080-029-025 RELEASE OF LIEN APN 080-029-025 13224 WELCH ST 20.00 12/09/2021 1010-110-6480 AP-Computer Check Proof List by Vendor (12/09/2021 - 11:26 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 20.00
Vendor: 200761 TBS CONTRACTORS Check Sequence: 27 ACH Enabled: False 3 MAIN ST. MEASURE L THRU 6/30/2021 13,597.83 12/09/2021 6320-320-8200 3 MAIN ST. MEASURE L THRU 6/30/2021 348.66 12/09/2021 6320-320-8201 3 MAIN ST. MEASURE L THRU 6/30/2021 3,486.62 12/09/2021 6320-320-8202 Check Total: 17,433.11
Vendor: 150563 TRANS-ROCK Check Sequence: 28 ACH Enabled: False 2821 WWTP BASEROCK 455.00 12/09/2021 5071-800-7530
2821 WWTP BASEROCK 130.00 12/09/2021 5070-800-7530
2821 WWTP BASEROCK 65.00 12/09/2021 5072-800-7530
Check Total: 650.00
Vendor: 155000 WARDEN'S Check Sequence: 29 ACH Enabled: False 2067350-0 CALENDAR 21.70 12/09/2021 1010-110-7515
2067354-0 CALENDARS 151.63 12/09/2021 1010-110-7515
2067354-0 CALENDARS 57.13 12/09/2021 5050-700-7560
2067354-1 CALENDAR 21.48 12/09/2021 1010-110-7515
2067571-0 POSTAGE LABELS 73.20 12/09/2021 1010-110-7515 2067813-0 TONER AND SUPPLIES 282.83 12/09/2021 1010-110-7515 C2067571-0 RETURN POSTAGE LABELS (2) -48.80 12/09/2021 1010-110-7515 Check Total: 559.17
Vendor: 155600 WATERFORD FARM SUPPLY, INC. Check Sequence: 30 ACH Enabled: False 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 65.53 12/09/2021 1010-110-7410 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 53.91 12/09/2021 1010-110-7510 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 16.37 12/09/2021 1010-210-7510 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 10.78 12/09/2021 1010-300-7510 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 333.87 12/09/2021 1010-310-7410 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 5.16 12/09/2021 1010-310-7420 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 44.97 12/09/2021 1010-310-7430 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 246.12 12/09/2021 1010-310-7510 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 70.06 12/09/2021 1010-550-7410 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 470.09 12/09/2021 1010-560-7410 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 854.25 12/09/2021 1010-580-7410 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 68.59 12/09/2021 1010-580-7420 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 50.68 12/09/2021 5050-700-7510 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 21.56 12/09/2021 5050-700-7550 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 7.89 12/09/2021 5070-800-7410 AP-Computer Check Proof List by Vendor (12/09/2021 - 11:26 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 6.40 12/09/2021 5070-800-7510 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 27.62 12/09/2021 5071-800-7410 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 22.65 12/09/2021 5071-800-7510 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 20.47 12/09/2021 5071-800-7550 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 3.94 12/09/2021 5072-800-7410 113021 NOVEMBER MISC SUPPLIES ACCOUNT: 7080 3.30 12/09/2021 5072-800-7510 Check Total: 2,404.21
Vendor: 155700 WATERFORD WINDOW AND GLASS Check Sequence: 31 ACH Enabled: False 5002 GLASS SHADE INSTALL WWTP OFFICE 428.50 12/09/2021 5050-700-7410 Check Total: 428.50
Vendor: 157859 XCAST LABS, INC. Check Sequence: 32 ACH Enabled: False 10841656 DECEMBER VOIP ACCOUNT: 146706 503.11 12/09/2021 1010-110-7810 10841656 DECEMBER VOIP ACCOUNT: 146706 130.18 12/09/2021 1010-210-7810 10841656 DECEMBER VOIP ACCOUNT: 146706 82.11 12/09/2021 5050-700-7810 10841656 DECEMBER VOIP ACCOUNT: 146706 49.27 12/09/2021 5071-800-7810 10841656 DECEMBER VOIP ACCOUNT: 146706 24.63 12/09/2021 5070-800-7810 10841656 DECEMBER VOIP ACCOUNT: 146706 8.21 12/09/2021 5072-800-7810 Check Total: 797.51
Total for Check Run:
Total of Number of Checks:
105,123.36
32 AP-Computer Check Proof List by Vendor (12/09/2021 - 11:26 AM) Page 6 User:
Printed: 12/13/2021 - 11:20AM
trish
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00013.12.2021
Invoice No Description Amount Payment Date Acct Number Reference Vendor: 105201 BANK OF THE WEST (IRS TAXES) Check Sequence: 1 ACH Enabled: True PR Batch 00013.12.2021 Federal Income Tax 4,370.84 12/13/2021 1010-000-2220 PR Batch 00013.12.2021 Federal Income Tax PR Batch 00013.12.2021 Medicare Employee Portion 665.99 12/13/2021 1010-000-2240 PR Batch 00013.12.2021 Medicare Employee Portion PR Batch 00013.12.2021 Medicare Employer Portion 665.99 12/13/2021 1010-000-2240 PR Batch 00013.12.2021 Medicare Employer Portion PR Batch 00013.12.2021 FICA Employee Portion 113.78 12/13/2021 1010-000-2240 PR Batch 00013.12.2021 FICA Employee Portion PR Batch 00013.12.2021 FICA Employer Portion 113.78 12/13/2021 1010-000-2240 PR Batch 00013.12.2021 FICA Employer Portion Check Total: 5,930.38
Vendor: 108350 CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT Check Sequence: 2 ACH Enabled: True PR Batch 00013.12.2021 CALIFORNIA SDI 467.08 12/13/2021 1010-000-2260 PR Batch 00013.12.2021 CALIFORNIA SDI PR Batch 00013.12.2021 State Income Tax 1,475.03 12/13/2021 1010-000-2230 PR Batch 00013.12.2021 State Income Tax PR Batch 00013.12.2021 EDD TRAINING TAX 2.12 12/13/2021 1010-000-2260 PR Batch 00013.12.2021 EDD TRAINING TAX PR Batch 00013.12.2021 STATE UNEMPLOYMENT 54.68 12/13/2021 1010-000-2260 PR Batch 00013.12.2021 STATE UNEMPLOYMENT Check Total: 1,998.91
Vendor: 139400 PUBLIC EMPLOYEE RETIREMENT SYSTEM Check Sequence: 3 ACH Enabled: True PR Batch 00013.12.2021 EMPLOYEE PERS CONTRIBUTION 2,980.11 12/13/2021 1010-000-2270 PR Batch 00013.12.2021 EMPLOYEE PERS CONTR PR Batch 00013.12.2021 EMPLOYER PAID PERS 3,905.70 12/13/2021 1010-000-2270 PR Batch 00013.12.2021 EMPLOYER PAID PERS Check Total: 6,885.81
Vendor: 147925 FRANCHISE TAX BOARD STATE OF CALIFORNIA Check Sequence: 4 ACH Enabled: False PR Batch 00013.12.2021 CA FRANCHISE TAX BOARD 375.31 12/13/2021 1010-000-2290 PR Batch 00013.12.2021 CA FRANCHISE TAX BOA Check Total: 375.31
Vendor: 154101 VANTGEPOINT TRANSFER AGENTS Check Sequence: 5 ACH Enabled: False PR Batch 00013.12.2021 DEFERRED COMP-457 745.00 12/13/2021 1010-000-2280 PR Batch 00013.12.2021 DEFERRED COMP-457 PR Batch 00013.12.2021 457 LOAN REPAY 521.20 12/13/2021 1010-000-2280 PR Batch 00013.12.2021 457 LOAN REPAY PR Batch 00013.12.2021 DEFERRED COMP 457 - % 770.83 12/13/2021 1010-000-2280 PR Batch 00013.12.2021 DEFERRED COMP 457 - % PR Batch 00013.12.2021 DEFERRED COM-457 - EMPLOYER PD 210.23 12/13/2021 1010-000-2285 PR Batch 00013.12.2021 DEFERRED COM-457 - EM AP-Computer Check Proof List by Vendor (12/13/2021 - 11:20 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 2,247.26
Total for Check Run:
Total of Number of Checks:
17,437.67
5 AP-Computer Check Proof List by Vendor (12/13/2021 - 11:20 AM) Page 2 User:
Printed: 12/14/2021 - 2:42PM
desiree
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00014.12.2021
Invoice No Description Amount Payment Date Acct Number Reference Vendor: 107350 CALIFORNIA AUTO SERVICE Check Sequence: 1 ACH Enabled: False 34692 WWTP DODGE COOLANT REPAIR 533.60 12/14/2021 5050-700-7430 Check Total: 533.60
Vendor: 144410 CHARTER COMMUNICATIONS (7173) Check Sequence: 2 ACH Enabled: False 0076125120421 540 C ST. INTERNET ACCT# 8203130060076125 104.99 12/14/2021 1010-560-7811 Check Total: 104.99
Vendor: 200760 CSG CONSULTANTS, INC. Check Sequence: 3 ACH Enabled: False 40129 OCTOBER BUILDING SERVICES 9,765.00 12/14/2021 1010-410-7190 Check Total: 9,765.00
Vendor: UB*01771 AUSTIN DOMINGUEZ Check Sequence: 4 ACH Enabled: False Refund Check 011796-000, 12405 SUMMERS ST 3.09 12/09/2021 1010-000-2010 Refund Check 011796-000, 12405 SUMMERS ST 55.58 12/09/2021 5071-000-2010 Refund Check 011796-000, 12405 SUMMERS ST 18.43 12/09/2021 5071-000-2010 Refund Check 011796-000, 12405 SUMMERS ST 25.44 12/09/2021 5050-000-2010 Check Total: 102.54
Vendor: 118400 FERGUSON WATERWORKS #1423 Check Sequence: 5 ACH Enabled: False 1677972 WATER SUPPLIES CUST# 428511 1,529.46 12/14/2021 5071-800-7510 1677972 WATER SUPPLIES CUST# 428511 436.99 12/14/2021 5070-800-7510 1677972 WATER SUPPLIES CUST# 428511 218.49 12/14/2021 5072-800-7510 Check Total: 2,184.94
Vendor: 118800 FINANCIAL CREDIT NETWORK, INC Check Sequence: 6 ACH Enabled: False 103121 OCTOBER COLLECTION SERVICES 81.53 12/14/2021 5050-700-7190 103121 OCTOBER COLLECTION SERVICES 81.53 12/14/2021 5071-800-7190 AP-Computer Check Proof List by Vendor (12/14/2021 - 2:42 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 163.06
Vendor: UB*01770 JUAN GARCIA SUAREZ Check Sequence: 7 ACH Enabled: False Refund Check 007407-000, 996 BRIGADOON LN 3.95 12/09/2021 5050-000-2010 Check Total: 3.95
Vendor: 121000 GILTON SOLID WASTE MANAGEMENT, INC. Check Sequence: 8 ACH Enabled: False WATESS-0041 NOVEMBER STREET SWEEPING 2,420.50 12/14/2021 1010-310-7190 Check Total: 2,420.50
Vendor: 122106 GRGICH FAMILY CATERING Check Sequence: 9 ACH Enabled: False 1217 CATERING FOR CHRISTMAS PARTY 12/17/2021 1,463.00 12/14/2021 1010-110-7732 Check Total: 1,463.00
Vendor: UB*01772 MARY JAKSCH Check Sequence: 10 ACH Enabled: False Refund Check 005509-001, 13824 SKYLINE BLVD 44.13 12/09/2021 5071-000-2010 Check Total: 44.13
Vendor: 131898 MID VALLEY IT Check Sequence: 11 ACH Enabled: False 202140033 CITY IT SERVICES 2,000.00 12/14/2021 1010-110-7195 Check Total: 2,000.00
Vendor: 132700 MODESTO IRRIGATION DISTRICT Check Sequence: 12 ACH Enabled: False 120121-01 SOLAR NOVEMBER SOLAR SERVICE ACCOUNT 7388327650 646.82 12/14/2021 1010-110-7820 120121-01 SOLAR NOVEMBER SOLAR SERVICE ACCOUNT 7388327650 235.80 12/14/2021 1010-560-7820 120121-01 SOLAR NOVEMBER SOLAR SERVICE ACCOUNT 7388327650 4,178.47 12/14/2021 5050-700-7820 120121-02 NOVEMBER ELECTRIC ACCOUNT 9743183114 379.17 12/14/2021 1010-300-7820 120121-03 NOVEMBER ELECTRIC ACCOUNT 0782226113 140.55 12/14/2021 1010-210-7820 120121-03 NOVEMBER ELECTRIC ACCOUNT 0782226113 183.91 12/14/2021 1010-310-7820 120121-03 NOVEMBER ELECTRIC ACCOUNT 0782226113 66.64 12/14/2021 1010-550-7820 120121-03 NOVEMBER ELECTRIC ACCOUNT 0782226113 83.46 12/14/2021 1010-580-7820 120121-03 NOVEMBER ELECTRIC ACCOUNT 0782226113 57.24 12/14/2021 2210-260-7820 120121-03 NOVEMBER ELECTRIC ACCOUNT 0782226113 22.56 12/14/2021 2230-260-7820 120121-03 NOVEMBER ELECTRIC ACCOUNT 0782226113 577.05 12/14/2021 5050-700-7820 120121-03 NOVEMBER ELECTRIC ACCOUNT 0782226113 1,549.25 12/14/2021 5070-800-7820 120121-04 NOVEMBER ELECTRIC ACCOUNT 5995425172 288.69 12/14/2021 2210-260-7820 120121-05 NOVEMBER ELECTRIC ACCOUNT 4995425537 216.18 12/14/2021 2230-260-7820 120121-06 NOVEMBER ELECTRIC ACCOUNT 9895427264 259.34 12/14/2021 2210-260-7820 AP-Computer Check Proof List by Vendor (12/14/2021 - 2:42 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 120121-07 NOVEMBER ELECTRIC ACCOUNT 7995425111 222.87 12/14/2021 2210-260-7820 120121-08 NOVEMBER ELECTRIC ACCOUNT 6995422502 149.66 12/14/2021 2210-260-7820 120121-09 NOVEMBER ELECTRIC ACCOUNT 9995426680 123.01 12/14/2021 2210-260-7820 Check Total: 9,380.67
Vendor: 132700 MODESTO IRRIGATION DISTRICT Check Sequence: 13 ACH Enabled: False 120121-10 NOVEMBER ELECTRIC ACCOUNT 0995422369 125.70 12/14/2021 2230-260-7820 120121-11 NOVEMBER ELECTRIC ACCOUNT 0006422008 36.03 12/14/2021 2230-260-7820 120121-12 NOVEMBER ELECTRIC ACCOUNT 7739815760 61.02 12/14/2021 1010-580-7820 120121-12 NOVEMBER ELECTRIC ACCOUNT 7739815760 67.02 12/14/2021 2210-260-7820 120121-13 NOVEMBER ELECTRIC ACCOUNT 4274522712 46.48 12/14/2021 1010-580-7820 120121-14 NOVEMBER ELECTRIC ACCOUNT 3631709483 578.31 12/14/2021 1010-210-7820 120121-15 NOVEMBER ELECTRIC ACCOUNT 2470524020 9,891.67 12/14/2021 5071-800-7820 Check Total: 10,806.23
Vendor: 132742 MOUNTAIN VALLEY ENVIRONMENTAL SERVICES, INC. Check Sequence: 14 ACH Enabled: False 3346 JANUARY 2022 CROSS CONNECTION 140.00 12/14/2021 5071-800-7300 3346 JANUARY 2022 CROSS CONNECTION 40.00 12/14/2021 5070-800-7300 3346 JANUARY 2022 CROSS CONNECTION 20.00 12/14/2021 5072-800-7300 Check Total: 200.00
Vendor: UB*01761 RAELENE & DUSTIN SHIELDS Check Sequence: 15 ACH Enabled: False Refund Check 010159-000, 12793 QUICKSILVER ST 110.93 12/09/2021 5071-000-2010 Refund Check 010159-000, 12793 QUICKSILVER ST 3.95 12/09/2021 5050-000-2010 Check Total: 114.88
Vendor: 142475 SHRED-IT, C/O STERICYCLE, INC. Check Sequence: 16 ACH Enabled: False 8000159753 AUGUST SHREDDING SERVICE 8/20/21 94.52 12/14/2021 1010-110-7190 8000553204 NOVEMBER BOX PURGE SERVICE 11/5/21 405.38 12/14/2021 1010-110-7190 Check Total: 499.90
Vendor: 146700 STANISLAUS COUNTY RECORDER Check Sequence: 17 ACH Enabled: False 134-009-010 RELEASE OF LIEN APN 134-009-010 20.00 12/14/2021 1010-110-6480 Check Total: 20.00
Vendor: 146900 STANISLAUS COUNTY SHERIFF Check Sequence: 18 ACH Enabled: False 2122-WPS04 OCTOBER LAW ENFORCEMENT 157,369.91 12/14/2021 1010-210-7170 AP-Computer Check Proof List by Vendor (12/14/2021 - 2:42 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 157,369.91
Vendor: 147935 STATE OF CALIFORNIA ENERGY RESOURCES CONSERVATION Check Sequence: 19 ACH Enabled: False 11190 LOAN # 004-13-ECD PAYMENT# 3 ITEM: 0033002-3360-95-501 38,500.94 12/14/2021 4350-700-9010 11190 LOAN # 004-13-ECD PAYMENT# 3 ITEM: 0033002-3360-95-501 3,207.70 12/14/2021 4350-700-9110 11190 LOAN # 004-13-ECD PAYMENT# 3 ITEM: 0033002-3360-95-501 4,638.67 12/14/2021 1010-560-9010 11190 LOAN # 004-13-ECD PAYMENT# 3 ITEM: 0033002-3360-95-501 386.47 12/14/2021 1010-560-9110 11190 LOAN # 004-13-ECD PAYMENT# 3 ITEM: 0033002-3360-95-501 3,247.07 12/14/2021 1010-110-9010 11190 LOAN # 004-13-ECD PAYMENT# 3 ITEM: 0033002-3360-95-501 270.53 12/14/2021 1010-110-9110 Check Total: 50,251.38
Vendor: 148625 SUTTER GOULD MEDICAL FOUNDATION Check Sequence: 20 ACH Enabled: False 1879775 JANUARY MEDICAL BENEFITS ACCOUNT: 225412 1,350.54 12/14/2021 1010-110-7120 1879775 JANUARY MEDICAL BENEFITS ACCOUNT: 225412 292.00 12/14/2021 1010-210-7120 1879775 JANUARY MEDICAL BENEFITS ACCOUNT: 225412 504.01 12/14/2021 1010-300-7120 1879775 JANUARY MEDICAL BENEFITS ACCOUNT: 225412 898.25 12/14/2021 1010-310-7120 1879775 JANUARY MEDICAL BENEFITS ACCOUNT: 225412 343.43 12/14/2021 1010-410-7120 1879775 JANUARY MEDICAL BENEFITS ACCOUNT: 225412 74.50 12/14/2021 1010-430-7120 1879775 JANUARY MEDICAL BENEFITS ACCOUNT: 225412 90.42 12/14/2021 1010-560-7120 1879775 JANUARY MEDICAL BENEFITS ACCOUNT: 225412 262.23 12/14/2021 1010-580-7120 1879775 JANUARY MEDICAL BENEFITS ACCOUNT: 225412 90.42 12/14/2021 2210-260-7120 1879775 JANUARY MEDICAL BENEFITS ACCOUNT: 225412 6,829.60 12/14/2021 5050-700-7120 1879775 JANUARY MEDICAL BENEFITS ACCOUNT: 225412 1,874.00 12/14/2021 5070-800-7120 1879775 JANUARY MEDICAL BENEFITS ACCOUNT: 225412 8,772.18 12/14/2021 5071-800-7120 1879775 JANUARY MEDICAL BENEFITS ACCOUNT: 225412 682.02 12/14/2021 5072-800-7120 1879775 JANUARY MEDICAL BENEFITS ACCOUNT: 225412 146.00 12/14/2021 5090-110-7120 Check Total: 22,209.60
Vendor: 48700 SWRCB-DWOCP Check Sequence: 21 ACH Enabled: False GRADE D1 GRADE 1 WATER DISTRIBUTION OPERATOR EXAM-BURCIAGO, DAVID 35.00 12/14/2021 5071-800-7740 GRADE D1 GRADE 1 WATER DISTRIBUTION OPERATOR EXAM-BURCIAGO, DAVID 10.00 12/14/2021 5070-800-7740 GRADE D1 GRADE 1 WATER DISTRIBUTION OPERATOR EXAM-BURCIAGO, DAVID 5.00 12/14/2021 5072-800-7740 Check Total: 50.00
Vendor: 150566 TUOLUMNE SECURITY SERVICE, INC. Check Sequence: 22 ACH Enabled: False 145 JANUARY SECURITY SERVICE 175.00 12/14/2021 5050-700-7300 145 JANUARY SECURITY SERVICE 175.00 12/14/2021 5071-800-7300 145 JANUARY SECURITY SERVICE 100.00 12/14/2021 5070-800-7300 145 JANUARY SECURITY SERVICE 50.00 12/14/2021 5072-800-7300 AP-Computer Check Proof List by Vendor (12/14/2021 - 2:42 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 500.00
Vendor: 138600 U.S. POSTAL SERVICE - WATERFORD Check Sequence: 23 ACH Enabled: False BOX#199 ANNUAL PO BOX 199 FEE PAYMENT FOR 2022 160.00 12/14/2021 1010-110-7540 Check Total: 160.00
Vendor: 152772 UMPQUA BANK - 2310 Check Sequence: 24 ACH Enabled: False 113021 NOVEMBER BL ACCT 00002582 ENDING 4877 -KRAUSE4935 STATZER8056 99.00 12/14/2021 1010-110-7190 113021 NOVEMBER BL ACCT 00002582 ENDING 4877 -KRAUSE4935 STATZER8056 11.86 12/14/2021 1010-110-7515 113021 NOVEMBER BL ACCT 00002582 ENDING 4877 -KRAUSE4935 STATZER8056 58.29 12/14/2021 1010-110-7519 113021 NOVEMBER BL ACCT 00002582 ENDING 4877 -KRAUSE4935 STATZER8056 295.59 12/14/2021 1010-110-7540 113021 NOVEMBER BL ACCT 00002582 ENDING 4877 -KRAUSE4935 STATZER8056 1,957.98 12/14/2021 1010-110-7620 113021 NOVEMBER BL ACCT 00002582 ENDING 4877 -KRAUSE4935 STATZER8056 79.86 12/14/2021 1010-110-7730 113021 NOVEMBER BL ACCT 00002582 ENDING 4877 -KRAUSE4935 STATZER8056 292.70 12/14/2021 1010-130-7510 113021 NOVEMBER BL ACCT 00002582 ENDING 4877 -KRAUSE4935 STATZER8056 2,270.00 12/14/2021 5050-700-7920 113021 NOVEMBER BL ACCT 00002582 ENDING 4877 -KRAUSE4935 STATZER8056 150.90 12/14/2021 5070-800-7510 113021 NOVEMBER BL ACCT 00002582 ENDING 4877 -KRAUSE4935 STATZER8056 528.14 12/14/2021 5071-800-7510 113021 NOVEMBER BL ACCT 00002582 ENDING 4877 -KRAUSE4935 STATZER8056 75.44 12/14/2021 5072-800-7510 Check Total: 5,819.76
Vendor: 155000 WARDEN'S Check Sequence: 25 ACH Enabled: False 2068174-0 PAPER AND INK 272.32 12/14/2021 1010-110-7515 Check Total: 272.32
Vendor: UB*01773 NICHOLAS ZWART Check Sequence: 26 ACH Enabled: False Refund Check 008159-000, 12743 QUICKSILVER ST 3.95 12/09/2021 5071-000-2010 Check Total: 3.95
Total for Check Run:
Total of Number of Checks:
276,444.31
26 AP-Computer Check Proof List by Vendor (12/14/2021 - 2:42 PM) Page 5 User:
Printed: 12/16/2021 - 4:06PM
desiree
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00016.12.2021
Invoice No Description Amount Payment Date Acct Number Reference Vendor: 148626 SUTTER HEALTH PLUS Check Sequence: 1 ACH Enabled: False 1879775 JANUARY 2022 MEDICAL BENEFITS ACCOUNT 225412 1,350.55 12/16/2021 1010-110-7120 1879775 JANUARY 2022 MEDICAL BENEFITS ACCOUNT 225412 292.00 12/16/2021 1010-210-7120 1879775 JANUARY 2022 MEDICAL BENEFITS ACCOUNT 225412 504.01 12/16/2021 1010-300-7120 1879775 JANUARY 2022 MEDICAL BENEFITS ACCOUNT 225412 898.25 12/16/2021 1010-310-7120 1879775 JANUARY 2022 MEDICAL BENEFITS ACCOUNT 225412 343.43 12/16/2021 1010-410-7120 1879775 JANUARY 2022 MEDICAL BENEFITS ACCOUNT 225412 74.50 12/16/2021 1010-430-7120 1879775 JANUARY 2022 MEDICAL BENEFITS ACCOUNT 225412 90.42 12/16/2021 1010-560-7120 1879775 JANUARY 2022 MEDICAL BENEFITS ACCOUNT 225412 262.23 12/16/2021 1010-580-7120 1879775 JANUARY 2022 MEDICAL BENEFITS ACCOUNT 225412 90.42 12/16/2021 2210-260-7120 1879775 JANUARY 2022 MEDICAL BENEFITS ACCOUNT 225412 6,829.60 12/16/2021 5050-700-7120 1879775 JANUARY 2022 MEDICAL BENEFITS ACCOUNT 225412 1,874.00 12/16/2021 5070-800-7120 1879775 JANUARY 2022 MEDICAL BENEFITS ACCOUNT 225412 8,772.18 12/16/2021 5071-800-7120 1879775 JANUARY 2022 MEDICAL BENEFITS ACCOUNT 225412 682.02 12/16/2021 5072-800-7120 1879775 JANUARY 2022 MEDICAL BENEFITS ACCOUNT 225412 146.00 12/16/2021 5090-110-7120 Check Total: 22,209.61
Total for Check Run:
Total of Number of Checks:
22,209.61
1 AP-Computer Check Proof List by Vendor (12/16/2021 - 4:06 PM) Page 1 User:
Printed: 12/27/2021 - 12:46PM
trish
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00027.12.2021
Invoice No Description Amount Payment Date Acct Number Reference Vendor: 105201 BANK OF THE WEST (IRS TAXES) Check Sequence: 1 ACH Enabled: True PR Batch 00027.12.2021 FICA Employee Portion 102.30 12/27/2021 1010-000-2240 PR Batch 00027.12.2021 FICA Employee Portion PR Batch 00027.12.2021 FICA Employer Portion 102.30 12/27/2021 1010-000-2240 PR Batch 00027.12.2021 FICA Employer Portion PR Batch 00027.12.2021 Medicare Employee Portion 649.21 12/27/2021 1010-000-2240 PR Batch 00027.12.2021 Medicare Employee Portion PR Batch 00027.12.2021 Medicare Employer Portion 649.21 12/27/2021 1010-000-2240 PR Batch 00027.12.2021 Medicare Employer Portion PR Batch 00027.12.2021 Federal Income Tax 4,199.10 12/27/2021 1010-000-2220 PR Batch 00027.12.2021 Federal Income Tax Check Total: 5,702.12
Vendor: 108350 CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT Check Sequence: 2 ACH Enabled: True PR Batch 00027.12.2021 EDD TRAINING TAX 1.93 12/27/2021 1010-000-2260 PR Batch 00027.12.2021 EDD TRAINING TAX PR Batch 00027.12.2021 CALIFORNIA SDI 449.65 12/27/2021 1010-000-2260 PR Batch 00027.12.2021 CALIFORNIA SDI PR Batch 00027.12.2021 STATE UNEMPLOYMENT 49.86 12/27/2021 1010-000-2260 PR Batch 00027.12.2021 STATE UNEMPLOYMENT PR Batch 00027.12.2021 State Income Tax 1,442.77 12/27/2021 1010-000-2230 PR Batch 00027.12.2021 State Income Tax Check Total: 1,944.21
Vendor: 139400 PUBLIC EMPLOYEE RETIREMENT SYSTEM Check Sequence: 3 ACH Enabled: True PR Batch 00027.12.2021 EMPLOYEE PERS CONTRIBUTION 2,928.22 12/27/2021 1010-000-2270 PR Batch 00027.12.2021 EMPLOYEE PERS CONTR PR Batch 00027.12.2021 EMPLOYER PAID PERS 3,843.36 12/27/2021 1010-000-2270 PR Batch 00027.12.2021 EMPLOYER PAID PERS Check Total: 6,771.58
Vendor: 148050 STATIONARY ENGINEERS LOCAL 39 Check Sequence: 4 ACH Enabled: False PR Batch 00027.12.2021 UNION DUES 284.71 12/27/2021 1010-000-2290 PR Batch 00027.12.2021 UNION DUES Check Total: 284.71
Vendor: 154101 VANTGEPOINT TRANSFER AGENTS Check Sequence: 5 ACH Enabled: False PR Batch 00027.12.2021 DEFERRED COMP-457 245.00 12/27/2021 1010-000-2280 PR Batch 00027.12.2021 DEFERRED COMP-457 PR Batch 00027.12.2021 457 LOAN REPAY 521.20 12/27/2021 1010-000-2280 PR Batch 00027.12.2021 457 LOAN REPAY PR Batch 00027.12.2021 DEFERRED COMP 457 - % 781.09 12/27/2021 1010-000-2280 PR Batch 00027.12.2021 DEFERRED COMP 457 - % PR Batch 00027.12.2021 DEFERRED COM-457 - EMPLOYER PD 213.02 12/27/2021 1010-000-2285 PR Batch 00027.12.2021 DEFERRED COM-457 - EM AP-Computer Check Proof List by Vendor (12/27/2021 - 12:46 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 1,760.31
Total for Check Run:
Total of Number of Checks:
16,462.93
5 AP-Computer Check Proof List by Vendor (12/27/2021 - 12:46 PM) Page 2 Consent Calendar 3c
January 6, 2022
Patricia Krause, City Clerk / Assistant to the City Manager City Council Staff Report
Motion: Approving Minutes of the Regular City Council Meeting held December 16, 2021.
SUMMARY:
Consider approving minutes from the December 16, 2021 Regular City Council meeting.
ANALYSIS:
Approve Minutes of the Regular City Council Meeting held on December 16, 2021.
FISCAL IMPACT:
N/A
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. Direct the City Clerk to make amendments to the minutes and bring them back for approval at a future City Council meeting.
2. Take no action.
ATTACHMENTS:
• City Council Regular Meeting Minutes of December 2, 2021.
MINUTES
WATERFORD CITY COUNCIL - REGULAR
MEETING WATERFORD CITY HALL, CITY
COUNCIL CHAMBERS 101 “E” STREET,
WATERFORD, CA
MEETING CALLED TO ORDER BY MAYOR ALDACO AT: 6:30 pm
FLAG SALUTE: Mayor Aldaco
ROLL CALL PRESENT:
Mayor Aldaco
Council Member Kitchens
Council Member Talbott
ABSENT: Vice Mayor Ewing
Council Member Hilton
STAFF PRESENT:
Michael Pitcock, City Manager
Corbett Browning, City Attorney
Patricia Krause, City Clerk / Assistant to the City Manager Lonnie Statzer, Public Works Superintendent
Michael Parker, Police Chief
ADOPTION OF AGENDA:
ACTION: By motion moved and seconded (CM Kitchens / CM Talbott / 3-0) to adopt the Agenda
AYES: Aldaco, Kitchens, Talbott
NAYS: None
ABSENT: Ewing, Hilton
ABSTAIN: None
Motion passed 3-0.
CONFLICT OF INTEREST DECLARATION:
None.
1. None.
PRESENTATION
WATERFORD CITY COUNCIL REGULAR MEETING – December 16, 2021 - 6:30 PM
2. None.
3. 3a: MOTION: Waiving all Readings of Ordinances and Resolutions, except by title. 3b: RESOLUTION: Adopting Resolution 2021-63, Approving the Warrant Register in the Amount of $101,353.55 for the Period of November 22 to November 30, 2021. 3c: MOTION: Approving Minutes of the Regular City Council Meeting held December 2, 2021. 3d: MOTION: Accepting the Annual Development Impact Fee Report in accordance with Section 66006 of the Government Code and find that a reasonable relationship remains between the current need for the fees and the purposes for which they were originally collected. 3e: MOTION: Accepting the Treasurer’s Report for the Quarter Ended September 30, 2021. 3f: MOTION: Approving the City of Waterford’s 2022 Local Appointments List for the Upcoming Vacancies on the City’s Boards and Commissions.
ACTION: By motion moved and seconded (CM Talbott / CM Kitchens / 3-0) to adopt the Consent Calendar.
AYES: Aldaco, Kitchens, Talbott
NAYS: None
ABSENT: Ewing, Hilton
ABSTAIN: None
Motion passed 3-0.
4. 4a: ORDINANCE: Second Reading and Adoption of Ordinance 2021-02 Amending Title 8, Entitled “Health and Safety,” by adding Chapter 8.06 Entitled “Mandatory Organic Waste Disposal Reduction”. (Statzer)
Public Hearing Opened: 6:34 pm
Public Hearing Closed: 6:34 pm
ACTION: By motion moved and seconded (CM Talbott / CM Kitchens / 3-0) to approve the Second Reading and Adoption of Ordinance 2021-02 Amending Title 8, Entitled “Health and Safety,” by adding Chapter 8.06 Entitled “Mandatory Organic Waste Disposal Reduction”.
AYES: Aldaco, Kitchens, Talbott
NAYS: None
ABSENT: Ewing, Hilton
ABSTAIN: None
Motion passed 3-0.
COMMUNICATIONS FROM THE AUDIENCE
FINAL READINGS
ADOPTION OF CONSENT CALENDAR
5. 5a: RESOLUTION: Resolution 2021-64, Adopting the Modesto Subbasin Groundwater Sustainability Plan and authorizing the submission to the Department of Water Resources. (Pitcock) Public Hearing Opened: 6:46 pm
Public Hearing Closed: 6:46 pm
ACTION: By motion moved and seconded (CM Talbott / CM Kitchens / 3-0) to Adopt the Modesto Subbasin Groundwater Sustainability Plan and authorizing the submission to the Department of Water Resources.
AYES: Aldaco, Kitchens, Talbott
NAYS: None
ABSENT: Ewing, Hilton
ABSTAIN: None
Motion passed 3-0.
6. 6a: RESOLUTION: Resolution 2021-65, approving an agreement with Stanislaus Community Foundation in support of Stanislaus County’s 2030 regional initiative effort to improve county-wide economic development and authorize the City Manager to execute an agreement with Stanislaus Community Foundation in an amount not to exceed $5,000. (Pitcock) ACTION: By motion moved and seconded (CM Kitchens / CM Talbott / 3-0) to Approve Resolution 2021-65, approving an agreement with Stanislaus Community Foundation in support of Stanislaus County’s 2030 regional initiative effort to improve county-wide economic development and authorize the City Manager to execute an agreement with Stanislaus Community Foundation in an amount not to exceed $5,000.
AYES: Aldaco, Kitchens, Talbott
NAYS: None
ABSENT: Ewing, Hilton
ABSTAIN: None
Motion passed 3-0.
6b: MOTION: Accept and File the June 30, 2021 Annual Financial Report for the City of Waterford and the Auditor’s Report on the Financial Report including the report on the Abandoned Vehicle Abatement Program. (Envia)
ACTION: By motion moved and seconded (CM Talbott / CM Kitchens / 3-0) to Accept and File the June 30, 2021 Annual Financial Report for the City of Waterford and the Auditor’s Report on the Financial Report including the report on the Abandoned Vehicle Abatement Program.
AYES: Aldaco, Kitchens, Talbott
NAYS: None
ABSENT: Ewing, Hilton
ABSTAIN: None
GENERAL BUSINESS
PUBLIC HEARINGS
Motion passed 3-0.
*** Council adjourned at 7:08 pm to open the Waterford Public Financing Authority Meeting. *** Council resumed the Regular City Council meeting at 7:13 pm.
7. 8.
8a: City Project List
8b: Business License Report – November 2021
8c: Building Permit Reports – November 2021
8d: Parks and Recreation Meeting Minutes – 11/12/2021
9. 9a: City Staff
Chief Parker gave updates to the Council on the calls for service to date for December, as well as some details on calls of interest that occurred recently. Chief Parker commented that the Christmas parade was great and he and staff had a good time participating.
Public Works Superintendent Statzer thanked Love Waterford for their participation and help in the Christmas Parade and commented that Public Works Staff did a great job with everything. Mr. Statzer informed the Council that the Citizens Park group has reformed and had their first meeting for input on the Clean California Grant. Mr. Statzer also commended staff for their work on the most recent storm.
City Clerk Krause informed the Council that the awards for the Christmas parade would be presented at the second Council meeting in January.
City Attorney Browning wished everyone a Happy Holidays and gave a briefing on the item for Closed Session.
City Manager Pitcock commented that the Council looked great on their float in the parade. He Reminded Council and staff about the City Christmas dinner. Mr. Pitcock wished everyone and Merry Christmas and Happy New Year.
9b: City Council
Councilmember Kitchens wished everyone a Merry Christmas and Happy New Year.
Councilmember Talbott commented that the parade was great and appreciated staffs work on the event.
Mrs. Talbott shared information on the current redistricting of Waterford as well as an update on COVID.
Mayor Aldaco thanked Love Waterford for helping to put on a great parade and thanked all the participants. Mayor Aldaco gave updates on recent meetings he has attended. Mayor Aldaco wished everyone a Merry Christmas and Happy New Year.
10. Meeting Recessed: 7:24 PM.
ADJOURNMENT / RECESS
STAFF/COUNCIL COMMENTS AND MEETING REPORTS
INFORMATIONAL ITEMS
SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY Mayor Aldaco recessed the City Council meeting at 7:24 PM to convene to Closed Session directly following the recess. Adjournment of the City Council meeting followed the Report out of Closed Session.
11. 11a: “PUBLIC EMPLOYEE PERFORMANCE EVALUATION”
(Pursuant to Government Code Section 54957)
- City Manager
12. 12.
PASSED AND ADOPTED by the Waterford City Council at a regular meeting held on January 6, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF WATERFORD:
________________________
Jose M. Aldaco, Mayor
ATTEST:
_________________________
Patricia Krause, CMC, City Clerk
CLOSED SESSION
REPORT OUT OF CLOSED SESSION
Consent 3d
January 6, 2022
Tina Envia, Finance Manager
City Council Staff Report
Resolution: Resolution 2022-02, Approving the Transportation Development Act Local Transportation Fund Claim for Fiscal Year 2021-2022 Other Purposes.
SUMMARY:
The City Council is required to approve the annual claim for Transportation Development Act Funds in order for it to be submitted to the Stanislaus Council of Governments (StanCOG) for approval and disbursement. The attached claim meets StanCOG’s requirements and requires a resolution approving said claim to submit to StanCOG for payment.
ANALYSIS:
A resolution needs to be approved by the City annually for the Transportation Development Act Local Transportation Fund Claim. This year’s claim is for Fiscal Year 2021-2022 LTF Non-Motorized and LTF Other Purposes. After City Council approval, the StanCOG Board will consider its approval.
FISCAL IMPACT:
The claim will provide the City of Waterford with $18,584.45 of Transportation Development Act Funds for Non-Motorized purposes ($11,004.47) and Other Purposes (Streets and Roads) ($7,579.98). The Streets and Roads funds are interest earned prior to disbursement policy changes and will likely be the last disbursement as current policy has all LTF revenue not claimed by Transit Agencies be held for future undefined transit projects.
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. Do not approve the Transportation Development Act Local Transportation Fund Claim and not be awarded the $18,584.45 in funds.
ATTACHMENTS:
• Resolution #2022-02
• Transportation Development Act Local Transportation Fund Claim for Fiscal Year 2021-2022 Other Purposes
RESOLUTION 2022-02
WATERFORD CITY COUNCIL
RESOLUTION 2022-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERFORD APPROVING THE FISCAL YEAR 2021-2022 LTF NON-MOTORIZED AND LTF
OTHER PURPOSES TRANSPORTATION DEVELOPMENT ACT (TDA) CLAIM WHEREAS, the Waterford City Council in budget consideration for street improvement projects did establish priorities for which the City Manager has prepared said claim; and WHEREAS, Stanislaus Council of Governments (StanCOG), requires an Annual Transportation Claim in accordance with the Transportation Development Act (TDA) and applicable Rules & Regulations; and
WHEREAS, the City of Waterford as part of its Local Transportation Fund claim hereby claims the amount of $18,584.45 for 2021-2022 LTF Non-motorized and LTF Other Purposes.
NOW, THEREFORE BE IT RESOLVED, that the Waterford City Council hereby approves the annual transportation claim for Fiscal Year 2021-2022, attached hereto and authorizes the City Manager to execute the claim on behalf of the City of Waterford and approves the submission thereof to StanCOG.
PASSED AND ADOPTED by the Waterford City Council at a regular meeting held on January 6 th, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF WATERFORD
Jose Aldaco, Mayor
ATTEST: APPROVED AS TO FORM:
PATRICIA KRAUSE, CMC CORBETT J. BROWNING
City Clerk City Attorney
TO: Stanislaus Council of Governments
1111 I Street, Suite 308
Modesto, CA 95354
FROM: Applicant: City of Waterford
Address: 101 E Street
City Waterford CA Zip: 95386
Contact Person: Tina Envia Phone: (209)874-2328, Ext 104 E-mail Address: [email protected] Fax: (209)874-9656 The City of Waterford hereby requests, in accordance with the Transportation Development Act and applicable rules and regulations, that its claim for other purposes be approved in the amount of for fiscal year 2021/22, to be drawn from the Local Transportation Fund.
When approved, please transmit this claim to the County Auditor for payment. Approval of the claim and payment by the County Auditor to this applicant is subject to such monies being on hand and available for distribution, and to the provisions that such monies will be used only in accordance with the terms contained in the approving resolution to the Stanislaus Council of Governments.
The claimant certifies that this Local Transportation Fund claim and the financial information contained therein is reasonable and accurate to the best of my knowledge and conforms with the requirements of the Transportation Development Act and applicable rules and regulations.
Submitted by: Michael Pitcock
Title: City Manager
Date:
StanCOG Board of Directors:
Date of approval:
Resolution #:
StanCOG Approving Authority
LOCAL TRANSPORTATION FUND
CLAIM FOR FISCAL YEAR 2021/22 OTHER PURPOSES
TRANSPORTATION DEVELOPMENT ACT
$ 18,584.45
CLAIMANT: City of Waterford
1. Planning, Local
--PUC 99262/99402 $ -
2. Planning, Local Transit
_______________________ * $ -
3. Streets and Roads
--PUC 99400 (a) $ 7,579.98
4. Nonmotorized - 2% LTF funds
--PUC 99233.2/99234 $ 11,004.47
5. Nonmotorized - Other LTF funds
--PUC 99233.2/99234 $ -
6. TOTAL CLAIM $ 18,584.45
City of Waterford
Total LTF available to be claimed for other purposes:
FY 2020/21 Nonmotorized Supplemental $ 1,290
FY 2021/22 Nonmotorized Apportionment $ 7,349
Street & Roads Interest $ 7,579.98
Nonmotorized Interest $ 2,365.47
Total 2% Nonmotorized $ 18,584.45
Total available to be claimed at this time $ 18,584.45
* If you have proposed transit expenditures, please fill in the appropriate PUC Code.
This table is to be filled out by StanCOG staff
LOCAL TRANSPORTATION FUND
CLAIM FOR OTHER PURPOSES
TABLE 1
FY 2021/22
CLAIMANT: City of Waterford
ACTUAL /
B P P PROJECT PROJECT 2019/20 2020/21 2021/22 ESTIMATED
I E L IN IN ACTUAL ESTIMATED CLAIM EXPENDITURES
K D A StanCOG's CITY/CO EXPENDITURES EXPENDITURES FOR 3 YEAR
E N BIKE BIKE PERIOD
ID PROJECT TITLE PLAN * PLAN *
West Yosemite Bike/Ped X X Yes Yes $31,265.00 $0.00 $0.00 $31,265.00 Main Street Bike and Ped Improvements X X Yes Yes $0.00 $0.00 $8,025.00 $8,025.00 SR 132 Bike/Ped Improvements X X Yes Yes $0.00 $0.00 $11,004.00 $11,004.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
$31,265.00 $0.00 $19,029.00 $50,294.00
2017/18 2018/19 2019/20 2020/21 2021/22 5 Year
Actual Actual Actual Estimate Claim Total
Bicycle facilities $0.00 $2,297.50 $15,632.50 $0.00 $9,514.50 $27,444.50 Pedestrian facilities $0.00 $2,297.50 $15,632.50 $0.00 $9,514.50 $27,444.50 Preparation of Bicycle Plan $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,595.00 $31,265.00 $0.00 $19,029.00 $54,889.00
YES
StanCOG 50% bicycle expenditure requirement: The 5 year bicycle expenditures must be 50% or greater. 2018/19 2019/20 2020/21 2021/22
Fiscal year beginning fund balance $0.00 $2,507.27 $8,025.00 $8,025.00 Plus fiscal year 2% nonmotorized claim $6,950.00 $15,614.00 $0.00 $18,584.45 Plus interest $152.27 $188.19 $0.00 $0.00
Minus nonmotorized expenditures ($4,595.00) ($31,265.00) $0.00 $0.00 $2,507.27 ($12,955.54) $8,025.00 $26,609.45
1. Prior year(s) LTF carryover held by jurisdiction applied towards FY 2021/22 Nonmotorized claim (TABLE 4)
3. FY 2021/22 Nonmotorized 2% funds applied towards FY 2021/22 projects (must match Page 2, Line 4)
4. FY 2021/22 Other LTF funds applied towards Nonmotorized claim (must match Page 2, Line 5)
5. FY 2021/22 Nonmotorized 2% funds to be held at StanCOG
6. Total of lines #1 through #5 above
$0
* SEE PAGE 3b FOR NONMOTORIZED REGULATIONS/POLICIES AND NOTES $0
$11,004
$19,029
$0
2. Interest earned on previously paid LTF funds held by jurisdiction (required by State law) (TABLE 4) $8,025
NONMOTORIZED PROJECTS
(Use additional forms if necessary)
BRIEFLY DESCRIBE PROJECTS AND EXPENDITURES INCLUDED IN THE 3 YEAR PERIOD BELOW FY 2021/22
RECORD LTF FUNDS ONLY
TABLE 3
TOTAL AMOUNT OF BIKE/PED EXPENDITURES
% of Total
TABLE 4
TABLE 2
FOR BIKE PROJECTS ONLY
BREAKDOWN BY PROJECT
BREAKDOWN BY CATEGORY
TOTAL FUNDS APPROPRIATED TO PROJECTS
Fiscal year ending fund balance
MODE
Expenditures
50.00%
50.00%
0.00%
DOES THIS CLAIM MEET THE MINIMUM 50% BICYCLE EXPENDITURE STANCOG PERFORMANCE STANDARD?
RECORD LTF FUNDS ONLY
FUNDS HELD IN RESERVE AT JURISDICTION
CLAIMANT: City of Waterford
NONMOTORIZED REGULATION/POLICY REMINDERS:
D. All funds must be spent within five years of receipt. Over the five-year period shown in Table 3, at least 50% of funds must be spent for bicycle purposes. StanCOG will not allocate funds to any jurisdiction which is in violation of these policies.
NOTES:
* By StanCOG policy, all bike projects must appear in either StanCOG's Bicycle Action Plan, or in a City or County bicycle plan, to be eligible for LTF funding. ** Beginning with FY 2003/04, nonmotorized funds will only be allocated by StanCOG for specific projects.
If no project is identified, funds will be held in reserve at StanCOG for eventual use by that jurisdiction. other sources to fund bicycle safety education programs, but the funds shall not be used to fully fund the
NONMOTORIZED PROJECTS
FY 2021/22
(Continued)
C. State law allows a jurisdiction to use up to 5% of the amount available each year to supplement moneys from lanes (PUC 99234(h)).
salary of any one person (PUC 99233.3).
A. State law allows a jurisdiction to use LTF to update a Bicycle Action Plan once every five years (PUC 99234(h)).
B. State law allows a jurisdiction to use up to 20% of the amount available each year to restripe Class II bicycle
CLAIMANT: City of Waterford
ANNUAL PROJECT AND FINANCIAL PLAN
PROJECTS FOR OTHER PURPOSES
FY 2021/22
(Use additional forms as necessary)
TABLE 5
Will this Project Will this Project Is this Project Total LTF add new use Federal consistent with Project Funds
travel lanes? Funds? the RTP Cost Utilized
Yes or No Yes or No Yes or No
Streets and Roads Maintenance No No Yes 313,344.00 7,579.98 TOTAL 7,579.98 313,344.00
1. LTF carryover applied towards FY 2021/22 Other Purposes
2. Interest earned on LTF carryover (required by State law)
3. FY 2021/22 apportionment applied towards FY 2021/22 Other Purposes
4. Total of Lines 1, 2 and 3 above
7,579.98
7,579.98
Project Title & Brief Description
Briefly describe all proposed projects and indicate proposed project expenditures -
Public Hearing 5a
January 6, 2022
Lonnie Statzer, Public Works Superintendent
City Council Staff Report
Motion: Approving Amendment No. 1 to the Agreement between the City of Waterford and Gilton Solid Waste Management, Inc. for the Franchise Agreement and Authorize the City Manager to Execute Agreement.
Resolution: Resolution 2022-03, Adopting the Rate Schedule, Fees and Charges for Refuse Service in the City of Waterford as defined in Exhibit C.
SUMMARY:
The City Council is being asked to approve Amendment No. 1 to the Agreement between the City of Waterford and Gilton Solid Waste Management, Inc. for the Franchise Agreement and authorize the City Manager to execute agreement.
ANALYSIS:
On September 7, 2017 the City entered into a ten (10) year Franchise Agreement with Gilton Solid Waste Management, Inc., the City and Gilton are now in year 3 of the Franchise Agreement. Recently Gilton has approached staff about a needed Amendment to the Franchise Agreement due to new SB 1383 and its requirements. The new SB 1383 regulation requires Jurisdictions to reduce emissions of Short-Lived Climate Pollutants (SLCP) in order to reduce Greenhouse Gas (GHG) emissions. SB 1383 requires businesses that produce organic wastes to reduce their levels of disposal. “Organic waste” includes:
• Food
• Green Material
• Landscape and Pruning Waste
• Organic Textiles and Carpets
• Lumber
• Wood
• Paper Products
• Printing and Writing Paper
• Manure
• Biosolids
• Digestate
• Sludges
California’s goal is to reduce GHG emissions 40 percent below 1990 levels by 2030, as established in SB 32. SB 1383 works hand in hand with AB 341, which commits the state to a 75 percent recycling goal, and strengthens AB 1826, which established mandatory commercial organics recycling. SB 1383 requirements far exceeds those of AB 1826, AB 939 (Integrated Waste Management Act (IWMA) of 1989), and AB 341.
Gilton is asking for an amended Franchise agreement to commence on October 7, 2021 and shall be in force for five (5) years. This is to ensure that they have enough time to build and pay off their needed High Diversion MURF facility and Composting site. The High Diversion MURF facility will allow all of our Commercial Businesses and Multi-Family Complexes to go back to the one (1) recycling comingle bin instead of paying additional costs for Organics bins with no place to put them. Gilton is also calling for a rate increase, because of the additional expenses needed to build and operate the High Diversion MURF and the Composting Site. The Composting site will provide jurisdictions to buy the compost back from Gilton to help meet the procurement requirement of SB 1383. Once the High Diversion MURF and Composting sites are finished, Gilton will have made it possible for jurisdictions to reach compliance with SB 1383.
FISCAL IMPACT:
Cost to the City will be Negligible, but the overall cost to the residents could be substantial. Refer to Exhibit “C” for Rate Increase.
ENVIRONMENTAL REVIEW:
No City initiated improvement projects are being contemplated with this agreement amendment.
Therefore, this agreement amendment itself is not subject to CEQA. However, Gilton will be required to meet all CEQA requirements with their High Diversion MURF project at a later date.
ALTERNATIVES:
1. Not approve Amendment #1 to the Agreement with the City of Waterford and Gilton Solid Waste Management, Inc. for the Franchise Agreement. This is not recommended due to the needed contract extension and rate increase necessitated by Gilton’s operational changes required to achieve compliance with SB 1383.
2. Direct Staff to renegotiate new terms with Gilton Solid Waste Management, Inc.
ATTACHMENTS:
• Resolution 2022-03
• Exhibit A - Original Franchise Agreement September 7, 2017. • Exhibit B - Amendment #1 to the Franchise Agreement.
• Exhibit C – Proposed Rate Increase
• Exhibit D – Prop 218 Notice
RESOLUTION 2022-03
WATERFORD CITY COUNCIL
RESOLUTION NO. 2022-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERFORD ADOPTING THE
REFUSE RATE SCHEDULE, FEES AND CHARGES FOR REFUSE SERVICE IN THE CITY OF
WATERFORD AS DEFINED IN EXHIBIT C
WHEREAS, notice has been given that a public hearing will be held on January 6, 2022 on the necessity to increase the refuse service and use charges and that a public hearing notice has been duly published in accordance with the requirements of the California Constitution, Article XIIID, section 6 (Proposition 218); and
WHEREAS, the California Constitution, Article XIIID, Section 6 (Proposition 218) requires the City to hold a public hearing on any proposed refuse service and use charge schedule, and to mail written notice at least forty-five days prior to holding the public hearing; and WHEREAS, notice of a proposed change in refuse fees, required under section 6(a) of Article XIIID of the California Constitution shall be mailed to all owners of record of each identified parcel, as provided in Government Code § 53750(g) and (j), and all refuse customers of the City as reflected in the billing records of the City at the time the notice is given and that notice shall be mailed at least forty-five days prior to the date of the public hearing on the proposed fees; and WHEREAS, in accordance with Proposition 218, any property owner or utility customer may submit a written protest to the City Clerk prior to the conclusion of the public hearing to be held on January 6, 2022; and
WHEREAS, notice of the proposed refuse rate increase, notice of public hearing and a protest form was mailed out to all water customers of the City of Waterford as reflected in the billing records of the City on November 8, 2021; and
WHEREAS, the City Council determined the refuse rates, fees and charges established for refuse service were to fund operation, maintenance and repair, and to obtain funds for capital projects necessary to provide service in accordance with SB 1383 within existing service area; and WHEREAS, the City Council further determined the rates, fees and charges, and rate schedule was in compliance with all laws pertaining to the assessment of such charges.
NOW, THEREFORE, BE IT RESOLVED,
1. The City Council of the City of Waterford finds that a majority protest in accordance with Article XIII D, § 6(a) of the California Constitution (Proposition 218), does not exist with respect to the proposed refuse service and use charges rate increase.
2. That the fees and charges established by this resolution do not exceed the estimated amounts required to provide the services for which the fees and charges are levied and the City Council hereby approves rates identified in Exhibit C attached thereto.
3. The Waterford City Council finds that:
(a) the revenues derived from the charges will not exceed the funds required to provide the refuse service.
(b) the revenues derived from the charges will not be used for any purpose other than that for which the charges are imposed.
RESOLUTION 2022-03 2
(c) the amount of a charge imposed upon a consumer will not exceed the proportional cost of the refuse services attributable to the consumer. (d) the charges are imposed only inasmuch as the refuse services are actually used by, or immediately available to the consumer.
4. That the foregoing increase of refuse service and use charges rates for Gilton Solid Waste are for the purpose of meeting operating expenses of Gilton Solid Waste and for capital projects necessary to maintain service within existing service areas in accordance with all applicable state laws.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Waterford adopts the City of Waterford refuse rate schedule, fees and charges for refuse service in the City of Waterford as defined in Exhibit C and directs staff to proceed with the Proposition 218 rate adoption process.
The foregoing Resolution was passed and adopted by the City Council of the City of Waterford at a regular meeting thereof held on the 6th day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF WATERFORD
Jose Aldaco
Mayor
ATTEST: APPROVED AS TO FORM:
PATRICIA KRAUSE CORBETT J. BROWNING
City Clerk City Attorney
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT (“Agreement”) is made and entered into this 7th day of September, 2017 (the “Effective Date”) by and between the City of Waterford (“City”), a municipal corporation of the State of California, and Gilton Solid Waste Management, Inc a California corporation (“Collector”). The parties to this Agreement may each be referred to individually as a “Party” or collectively as the “Parties”. There are no other parties to this Agreement.
RECITALS
A. The California State Legislature enacted the California Integrated Waste Management Act of 1989 (“AB 939”) which authorizes local jurisdictions to make adequate provisions for solid waste handling within their jurisdictions; and
B. On October 6, 2011, the Legislature passed Assembly Bill 341 (“AB 341”), amending the California Public Resources Code (the “Public Resources Code”) therein requiring cities to encourage and document commercial solid waste recycling programs; and C. The collection and disposition of garbage, refuse and waste is governed and regulated by applicable provisions set forth in Chapter 8.04 of the Waterford Municipal Code (the “Code”), which may be amended from time to time and is incorporated herein by this reference; and D. The City has entered into a Regional Solid Waste Partnership Proposal Memorandum of Understanding (“MOU”) with Stanislaus County (“County”), Exhibit F, setting forth the City’s obligations for waste disposal using County facilities and the County’s tipping fees for a ten (10) year period beginning on June 1, 2015 and expiring on June 30, 2025; E. The City and Collector desire to enter into this Agreement for a term of Ten (10) years pursuant to the terms and conditions set forth herein; and
F. It is the City’s objective to engage Collector to provide refuse collection and disposal services for residential and commercial collection. By entering into this Agreement, Collector shall assist City in meeting its AB 939 and AB 341 requirements and that the performance of the Collector set forth in this Agreement shall be performed in accordance with the City’s obligations in the MOU; and G. The City’s refuse program shall be consistent with the County Solid Waste and Integrated Waste Management Plan and comply with all regulations promulgated by the local Stanislaus County enforcement agency and the Department of Resources Recycling and Recovery; and NOW THEREFORE, in consideration of the mutual promises contained herein and other good and sufficient consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
Section 1. Recitals The recitals set forth above (the “Recitals”) are incorporated herein by this reference and made a part of this Agreement. In the event any inconsistencies arise as between the Recitals and Sections 1 through 33 of this Agreement, Sections 1 through 33 shall prevail.
Section 2. Definitions Unless otherwise noted in this Agreement, capitalized terms herein shall have the meanings set forth in Exhibit A. Whenever any term used in this Agreement has been defined by Division 30, Part 1, Chapter 2 of the Public Resources Code or the City’s Code, those definitions shall apply unless the term is otherwise defined in Exhibit A. In the event there is a discrepancy between the definitions contained in the Public Resources Code and the City’s Code, the definitions set forth in the Public Resources Code shall supersede all other definitions.
Section 3. Franchise Area
3.1. Franchise Area Defined. The franchise area granted by this Agreement shall be all residential and commercial premises located within city limits of City, as more particularly shown on Exhibit B (“Franchise Area”). As provided below, the Franchise Area may be changed by annexation, deannexation or re-organization.
3.2. Annexation Covered by Existing Franchise. All territories annexed during the Term of this Agreement shall be subject to this Agreement. However, properties served by another collector at the time of annexation, shall continue to be served by that source until the end of such collector’s franchise agreement or service contract with the subject landowner, whichever is sooner. Collector agrees to defend, indemnify and hold the City harmless against any claims by such other collector regarding its right to continue to serve the annexed area.
Section 4. Waste Collection and Disposal
4.1. Scope of Services. Except as set forth in Section 4.4, the City hereby grants Collector the exclusive franchise, right and privilege to collect all Solid Waste, Green Waste and Recyclables within the Franchise Area and to transport the same to a sanitary landfill, transfer station, compost/mulching site, or waste-to-energy facility outside the City, which has been approved by the governmental agency having jurisdiction of the territory in which said site is located (the “Services”). City may designate alternative processing facilities if public health, safety, or fiscal interest requires, or compliance with applicable law necessitates the alternative. Collector shall furnish all labor, supervision, materials, permits, licenses, and Equipment necessary to provide residential and commercial refuse collection Services for Customers within the Franchise Area of City. Collector shall perform its obligations under this Agreement in accordance with all applicable local, state, or federal laws and in a manner that maximizes the City’s Solid Waste diversion rate to the extent possible.
4.2. Residential Service. Collector shall provide Solid Waste, Recycling, and Green Waste collection services to all residential premises within the City using a Two (2) Carts and One Pass truck system.
4.3. Commercial Service. Collector shall provide Solid Waste collection services to all commercial premises within the City. Collector may provide Green Waste collection services to commercial premises within the City. Pursuant to the requirements set forth in AB 341, Collector shall offer to provide Recyclables collection services to any business that generates more than four cubic yards of commercial solid waste per week and to any multifamily residential dwelling of five units or more, and may provide Recyclables collection services to other commercial Customers and multifamily residential dwellings not meeting these criteria.
4.4. Excepted Services. Collector’s exclusive franchise in this Agreement shall not include or prevent or restrict the City or other parties from any of the following:
4.4.1. Governmental entities if and to the extent the City has no legal power to require such entities to use Collector’s Services.
4.4.2. The City or any officer or employee thereof or any employee of the State, or any governmental subdivision thereof, collecting, removing, and disposing of Solid Waste, Recyclables, or Green Waste from the City or State facilities.
4.4.3. Private parties from donating or selling a recyclable or salvageable material (other than Food Waste) that has been segregated by such party from other materials to any party of their choice.
4.4.4. Allowing the self-hauling and disposal of construction and demolition debris, grass clippings, pruning’s and other discarded materials, generated by an individual from non-commercial or nonindustrial activities on his or her property, or which are generated directly as a result of the work of specialized and distinct business operations whose primary business is not janitorial, cleaning, or waste transportation or collection, including, without limitation, various contractors such as, landscapers, tree trimmers or gardeners.
4.4.5. Delivery of self-haul materials directly to a transfer station, materials recovery facility, or disposal facility in a manner consistent with City ordinances and codes and other applicable laws; provided, however, that this provision does not create an exemption from any law requiring payment for Collection services, whether those services are utilized or not.
4.4.6. Permitting other entities to haul and dispose of septic tank, sand trap and grease trap contents.
4.4.7. Providing the collection of Refuse in connection with the City's street cleaning service.
4.4.8. Permitting other entities to carry out the City's annual weed abatement program.
4.4.9. Provision of any other service that is not specified in this Agreement and that normally would not be considered to fall within Franchise Services, and that the Contractor explicitly waives its right to provide, by written notice to the City.
Section 5. Collection and Bins
5.1. Provision of Receptacles. Collector agrees to provide and maintain all Carts, Bins and Roll-Off Boxes for the proper and secure storage of Solid Waste, Green Waste or Recyclables for all residential and commercial Customers. All residential Cart Customers shall be serviced once per week between Monday and Friday, and commercial Bin Customers shall be serviced from one (1) to six (6) times per week between Monday and Saturday as requested by the Customer. Roll-Off Box Customers will be serviced as arranged between the Customer and Collector.
5.2. Hours of Collection. Collection service of all Carts in residential areas shall not start before 6:00 a.m. or continue after 6:00 p.m., subject to change by resolution of the Waterford City Council (“City Council”). Collection service of all Carts, Bins, and Roll-Off Boxes in commercial areas shall not start before 5:00 a.m. or continue after 9:00 p.m., subject to change by resolution of the Waterford City Council (“City Council”). For commercial premises immediately adjacent to residential areas, collection services shall not start before 6.00 a.m. if an adjacent residential property owner complains about collection prior to 6:00 a.m. The hours of collection may be extended temporarily as a result of extraordinary circumstances or conditions with the prior consent of the Waterford City Manager (“City Manager”). In the event scheduled collection services fall on a Holiday, the Collector shall provide collection services on the following day, but under no circumstances on a Sunday.
5.3. Receptacle Replacement. Collector, without expense to City or any Customer, and within seventytwo (72) hours after notice, shall provide one replacement every four (4) years of lost or stolen Carts.
Collector shall clean, paint over or replace, at its discretion, graffiti tagged Carts as needed. Collector shall replace Carts damaged due to normal wear and tear within the time frame of one collection cycle.
Collector shall maintain records of lost, stolen, damaged and graffiti-tagged Carts by specific address.
Collector may charge customers for additional replacement Carts based on the actual cost of the Carts and their delivery.
Section 6. Term of Agreement
The term of this Agreement shall commence on the Effective Date and expire on September 7, 2027, unless extended by the mutual consent of the Parties (the “Term”).
Section 7. Acceptance; Waiver
Collector agrees to be bound by and comply with all the requirements of this Agreement. Collector waives any right or claim to serve the City or any part of the City under any prior grant of franchise, contract, license or permit issued or granted by any governmental entity including any right under Section 49520 of the Public Resources Code.
Section 8. Rates and Fees
8.1. Rates. The maximum rates to be charged by Collector are set forth in Exhibit C (“Rate” or “Rates”) and may be adjusted by the City Council by ordinance or resolution. For the first two (2) years of the Agreement, Collector shall charge rates that are no greater than the maximum rates as provided in Exhibit C. In years three (3) through ten (10) of the Agreement Term, the City will adjust the maximum charges made to Customers under this Agreement to reflect annual changes in the Consumer Price Index for All Urban Consumers (“CPI”) published by the U.S. Department of Labor for the San FranciscoOakland-San Jose, CA statistical area. Such adjustments shall not exceed two and a half percent (2.5%) per year. The adjustment shall become effective on the anniversary of the Effective Date and be based on the previous twelve month index analysis from September to August. In all subsequent years, the Collector may request, and the City Council shall consider, rate adjustments based on the above referenced CPI index, in addition to any other adjustments provided for under subsections 8.3. and 8.4.
8.2. Reimbursement for Notices. Collector shall be responsible for providing, or reimbursing the City for providing all required notices of any rate changes or increases expressly including, but not limited to, notices required under Proposition 218 and any law or regulations adopted to implement Proposition 218. City reserves the right to specify the form and content of any such notice required by law or by the Code. City shall determine when a notice of a Rate change is required in its sole and complete discretion.
8.3. Tipping Fees. The Parties acknowledge and agree that the maximum Rates include compensation to Collector for tipping, gate or other disposal fees charged by any applicable disposal facilities.
Notwithstanding any provision in this Agreement to the contrary, Collector, except in the case of RollOff Box Customers, shall not be entitled to receive from City, or any Customer, a separate or additional payment for tipping or gate fees. In addition to any other rate adjustments to which Collector may be entitled, Collector may request to increase its rates to the extent necessary to recover increased landfill, waste-to-energy facility, transfer station, and material recovery facility tipping or gate fees, provided that the landfill, waste-to-energy facility, transfer station, or material recovery facility is not owned or operated by Collector. Collector shall provide City with notice of the proposed new rates within thirty (30) days of such notice being received from Stanislaus County or other applicable authority, and shall provide the City with a copy of any notice regarding an increase in landfill or waste-to-energy facility tipping or gate fees. Collector shall not increase the Rates to recover increased tipping or gate fees, without prior written approval from City.
8.4. Extraordinary Cost Increases. Collector may petition City for an extraordinary rate adjustment or adjustments at any time during the Term of this Agreement, provided that such petition may be made based only upon increases in fuel costs or increased costs as a result of federal, state, or county mandates, or other documented impacts, which require changes in Collector’s Services or operations under this Agreement. Collector shall include in its petition a financial presentation which demonstrates the extraordinary increase in operating costs. Any petition shall be heard by the City Council at a public hearing held after providing any required notices pursuant to this Section and applicable law. The City Council may grant or reject any such petition in its sole and complete discretion.
Section 9. Additional Services
In exercising the right and privilege to collect Solid Waste, Green Waste or Recyclables within the boundaries of City as herein granted, Collector agrees to act in accordance with the following. Collector agrees to provide without additional charge to the City or its customers:
9.1. Curbside Bulky Item Collection Program. Collector shall collect and dispose of bulky item wastes, as defined in Exhibit D, from residential Customers up to two (2) times per calendar year. Such collections will be made by appointment as arranged between Customer and Collector.
9.2. Illegal Dump Program. Collector shall provide for the collection and disposal of non-hazardous wastes from Public Property.
9.3. Curbside E-Waste Collection Program. Collector shall collect, recycle or dispose of specified EWastes (as defined in Exhibit E) from residential Customers up to four (4) times per calendar year. Such collections will be made by appointment as arranged between the Customer and Collector.
9.4. Christmas Tree Program. Collector will provide a residential Christmas tree collection and recycling program. Each year, during the first two (2) full weeks of January, Collector will pick-up Christmas trees from the front of residential properties in the City. Collections will be scheduled to coincide with the normal waste collection days.
9.5. City Facilities. Collector shall provide Solid Waste and Green Waste collection services to all City owned and operated facilities at no additional charge to the City. This does not include C&D Debris generated from City owned and operated facilities.
9.6. Community Events. At the City’s request, Collector will provide staffing resources and waste containers, plus Solid Waste, Green Waste and Recyclables removal and disposal services for up to five (5) community events per year.
9.7. AB 939 Data. Collector agrees to continue to assist City in data collection and reporting pertaining to compliance with the Integrated Waste Management Act (AB 939), including any State required waste composition studies.
Section 10. Specific Service Requirements
10.1. Collector Duty of Care and Diligence. Collector and Collector’s employees, contractors, subcontractors, operators, officers, directors, supervisors, owners, board members, representatives, and agents (“Collector’s Agents”) shall exercise all reasonable care and diligence in performing their obligations under this Agreement. Every effort will be made to prevent spilling, scattering or dropping Refuse during the collection or transportation process. However, in the event that Refuse is spilled, scattered or dropped, the truck operator shall immediately clean up the material and place it in the truck and promptly notify the City Manager of the event. Every Cart, Bin and Roll-Off Box (collectively, “Container”) must be replaced in an upright position. If a Container falls over, the operator must immediately set the Container in an upright position. It shall be further noted that Refuse collection easements are frequently co-located with other utility easements. Particular attention must be given to the location of water meters, transformers, guy wires, utility poles and irrigation structures.
Authorization to use the easement does not abrogate Collector’s responsibility to exercise caution to not infringe upon, damage, or trespass the property rights of other authorized users or property owners.
Collector shall be familiar with, and operate within the guidelines set forth by the Occupational Safety Health Act (29 U.S.C. section 651 et. seq.). Collector is granted the right to use dedicated streets, alleys and refuse collection easements for the purpose of performing the Services, but this right is not exclusive. The Collector shall handle the Services in a manner that will cause the least inconvenience or annoyance to the general public and to property owners. Whenever the Collector's operations create a condition hazardous to traffic or to the public, Collector shall furnish, erect, and maintain such fences, barricades, lights, signs, and other devices, structures, or warnings and take any other protective measures as are necessary to prevent accidents or damage or injury to the public and immediately notify the City Manager of the hazard and the corrective measures taken by the Collector to address the hazard. Any barricade, lights, signs or other devices erected must conform to the requirements of the City Engineer and the Code.
10.2. Hazardous Waste. Under no circumstance shall Collector’s employees knowingly collect Hazardous Waste or remove unsafe or poorly containerized Hazardous Waste from Customer premises. If Collector determines that material placed in a container for collection is Hazardous Waste, Excluded Waste, or other material that may not be legally accepted at an approved sanitary landfill, transfer station, compost/mulching site, waste-to-energy facility or other permitted disposal facility or that presents a hazard to Collector employees, Collector shall have the right to refuse to accept such material. Collector shall leave, at the time of non-collection, a non-collection notice with Customers indicating the reason for refusing the material. Collector shall contact the generator and request that the generator arrange for proper disposal service. If the Hazardous Waste, Excluded Waste, or other objectionable material is identified at time of delivery to the approved sanitary landfill, transfer station, compost/mulching site, waste-to-energy facility or other permitted disposal facility and the generator cannot be identified, Collector shall be solely responsible for handling and arranging transport and disposition of the Hazardous Waste, Excluded Waste, or other objectionable material.
10.3. Force Majeure. Collector shall not be in default under this Agreement in the event that the collection transportation, recycling and disposal services of Collector are temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods earthquakes, landslides and fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of Collector. Force Majeure does not include: Collector’s financial inability to perform; Collector’s failure to obtain any necessary permits or licenses from other governmental agencies; or Collector’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Collector.
10.4. Independent Contractor. Collector is an independent contractor and not an officer, agent, servant or employee of City. Collector is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and sub-grantees. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Collector. Neither Collector nor its officers, employees, agents or sub-grantees shall obtain any right to retirement or other benefits or right, which accrue to City employees. Collector shall obtain and maintain a business license with the City during the term of this Agreement.
10.5. Property Damage. Collector shall be responsible for any damage to City’s driving surfaces, whether or not paved, resulting from vehicles providing Services under this Agreement. Collector shall be responsible for repairing or replacing any private or public property which is damaged due to the acts or omissions of employees, contractors, or agents of Collector to private or public property shall be repaired or replaced.
10.6 Right of Entry. Collector shall have the right, to enter or drive on any private street, court, place, easement or other private property for the purpose of collecting or transporting Refuse pursuant to this Agreement. This right of entry shall last until the sooner of the termination of this Agreement or receipt by Collector of a written notice from City revoking Collector’s right of entry. This right of entry is limited to carrying out the Services required by this Agreement.
Section 11. Customer Service Requirements
11.1 Availability of Representatives. A responsible representative of Collector who is qualified to respond to public inquiries shall be available at Collector’s office during office hours, excluding lunchtime closure, for communication with City, Customers or the public.
11.2. Employees. Collector shall exercise reasonable care to hire responsible employees, to supervise the work of such employees, and to discipline and, if necessary, discharge an employee failing to meet reasonable standards for performance of work set forth in this Agreement. Collector shall comply with applicable state and federal law pertaining to employment, including, but not limited to, applicable equal opportunity employment, workplace harassment and affirmative action requirements.
11.3. Enforcement and Clean-up of Illegal Dumps. Collector and City shall cooperate to eliminate illegal dumping within the City. When illegal dumps are found on public property the City will attempt to identify the responsible party and advise them to clean-up the wastes or utilize the Bulky Item Collection Program to eliminate the problem. If no responsible party is identified, the City will request for Collector to remove any such waste. Collector will have three (3) working days following the notification by the City to remove the illegally dumped material.
11.4. Manner of Collection. Collector shall perform all collection services in a quiet and courteous manner and ensure that all Carts are placed on the premises from which they were removed in an upright position, with lids closed, and within five (5) feet of where they were originally placed before collection.
11.5. Office Hours. Collector’s office hours shall be, at a minimum, from 8 a.m. to 5 p.m. daily, except for a lunch hour and closed on Saturdays, Sundays, and federal or State recognized holidays. A representative of Collector shall be available during office hours for communication with the public at Collector’s principal place of business.
11.6. Service Complaints. All Service complaints shall be directed to Collector. Collector shall respond to all complaints, other than missed pickups, within twenty-four (24) hours if the twenty-four (24) hour period ends during the office hours specified in subsection 12.5, otherwise on the next business day.
Collector shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all complaints and shall use its best efforts to resolve any complaints within the two (2) business days following the date on which such complaint is received. Complaints that cannot be reasonably resolved may be appealed to the City Manager or designee for final resolution.
11.7. Complaint Log. Collector agrees to maintain a log of all oral and written service complaints registered with Collector from Customers or the public within the City (“Complaint Log”). Collector shall record in the log all written and oral complaints, noting the name and address of the complainant, date and time of complaint, nature of complaint, and method and date of resolution. Such log shall be kept so that representatives of the City, upon request, may conveniently inspect it. Collector shall deliver, along with the quarterly reports specified in Section 13 or otherwise upon request of the City, a summary of complaints by number and type and excerpts from the log reflecting action to date.
11.8. Missed Pickups. In the event of a missed pickup, Collector shall complete the pickup the same day if the complaint is received by 12:00 p.m. or by 12:00 p.m. the following business day if the complaint is received after 12:00 p.m.
Section 12. Reports
Collector shall provide the City with quarterly reports detailing Collector’s operations within City during that time. Reports will contain the information required by the City for compliance with AB 939 and for City to measure Collector’s performance of items in this Agreement. Collector agrees to provide additional reports regarding its collection services as may be reasonably requested by the City to meet future reporting requirements of the City or the State. City or a consultant to City, on request, shall have the right to review the collection records of Collector at reasonable times and upon reasonable notice.
Section 13. Vehicles
13.1. Compliance with Applicable Regulations. Collector shall at all times comply with all applicable rules, statutes, orders, and requirements adopted by any governmental agency with jurisdiction over air quality, including, but not limited to, the California Air Resources Board and the San Joaquin Valley Air Pollution Control District. In addition to any indemnification obligations set forth in this Agreement, Collector shall defend, indemnify, and hold harmless the City against any fines, penalties, losses, or claims arising out of Collector's failure to comply with this Section. All vehicles used by Collector under this Agreement shall be registered with the Department of Motor Vehicles of the State of California, be kept clean and in good repair, shall be uniformly painted, and shall be washed at least once every seven (7) calendar days. Collector’s name, phone number, and vehicle number shall be prominently displayed on its vehicles.
13.2. Fluids and Waste. Collector shall immediately clean up any fluids or waste spilled from collection vehicles, and shall deploy and remove absorbent materials to the extent necessary to absorb all fluids.
Collector shall provide the City with a copy of any spill report that Collector is required to provide, and at the same time it is provided, to the State Office of Spill Prevention and Response. When necessary, Collector shall apply a suitable cleaning agent to the street surface or shall employ hydraulic steam cleaning to provide adequate cleaning. Collector shall comply at all times with all recommendations or limitations concerning laden weight of collection vehicles established by the State or any government agency, or the vehicle manufacturer. Collector will be required to comply with City’s Municipal Separate Storm Sewer System (MS4) permit requirements.
Section 14. Collector’s Employees
14.1. Prohibition of Drugs or Alcohol. Collector will prohibit use of intoxicating substances by Collector’s Agents, including its drivers and crewmembers, while on duty or in the course of performing the Services. Upon request by City, Collector will demonstrate compliance with the federal alcohol and drug testing statutes and regulations.
14.2. Employee Uniform. Collector’s employees shall be required to wear a clean uniform bearing Collector's name. Employees who normally and regularly come into direct contact with Customers, including drivers, shall bear some means of individual identification such as a name tag or identification card.
14.3. Identification Required. Collector shall provide every employee, contractor, grantees, or subgrantees that are in contact with the public with identification cards and badges. Upon request of City, Collector shall notify all Customers of the form of identification that each employee shall be carrying or displaying so that all Customers may easily identify one of Collector’s employees. Collector shall provide City with a list of current employees, contractors, grantees, and sub-contractors to City upon request.
14.4. Valid Driver’s License. Employees driving Collector's vehicles shall at all times possess and carry a valid and appropriate vehicle operator's license issued by the State of California, including a commercial driver’s license, if required.
14.5. No Employment Relationship with City. Collector's Agents are not and shall not identify themselves as being employees of the City at any time, for any reason.
14.6. Employee Behavior. All contact by Collector with Customers will be done with courtesy and respect. Any incident with a Customer must be reported immediately to the City.
14.7. Employee Conduct. All superintendents, foremen and workers, or contractors employed by the Collector shall be capable and safety conscious workers, skilled in their respective trades. Collector shall not employ any person who is incapable or negligent in the due and proper performance of his or her duties. Collector shall furnish such supervision, labor and Equipment as is considered necessary for the fulfillment of the Services in an acceptable manner at a satisfactory rate of progress. City reserves the right to request for any worker of Collector to be prohibited from providing Services to City without cause for any reason.
14.8. Supervision. It is the Collector's responsibility to supervise the Services rendered and to provide direction to its employees and agents in the field. While City employees may suggest possible solutions to problems or unusual situations, Collector retains the responsibility for all Services and how the Services will be delivered and conducted to the City and the Customers.
Section 15. Franchise Fees, Billing and Reports.
15.1. Franchise Fees. Collector agrees to pay the City for the privilege herein granted to Collector, a sum equal to Eight (8.0%) percent of the Gross Revenues from residential accounts and the Collector shall pay the City Seven (7.0%) percent of the gross revenues from commercial accounts received by Collector for the removal of Solid Waste, Green Waste or Recyclables from with the boundaries of City during the Term, or any extension thereof (the “Franchise Fees”). The Franchise Fees shall be paid by Collector to City on or before the last day of the month following the previous calendar quarter that the monies are collected by Collector.
15.2. Billing. Collector shall provide regular billing statements to all customers (residential, commercial or industrial) for which Collector provides service, covering the monthly period in which services are rendered.
Section 16. Collector’s Books and Records: Audits
The books and records of Collector shall be subject to audit and inspection for the purpose of reviewing billing operations, accounts receivable and customer service, by City, its auditors or agents. Collector shall maintain all records relating to the Services , including, but not limited to, Customer lists, billing records, maps, AB 939 compliance records, AB 341 compliance records, and Customer complaints (collectively, the “Records”), for no less than three (3) years after the termination or expiration of the Term, or as may or any longer period required by applicable law. City shall have the right, upon five (5) business days advance notice, to inspect all Records, and other like materials of Collector which reasonably relate to Collector’s compliance with the provisions of this Agreement. Collector’s Records shall be made available to City at a City facility, if reasonably practicable, or at Collector’s regular place of business during regular business hours. The City shall initially bear the cost of such audit. If such audit discloses an underpayment of the Franchise Fees or other sums due under this Agreement in excess of three percent (3%) of the amount which should have been paid, Collector shall promptly tender to the City the amount of such underpayment, together with interest at the rate of ten percent (10%) computed from the date of underpayment, and shall further reimburse the City for the entirety of its audit costs, including, without limitation, auditor’s costs and expenses, internal costs and expenses, and legal and other third party expenses. If such audit discloses an underpayment of less than three percent (3%), Collector shall promptly tender to City the amount of such underpayment, together with interest at the rate of ten percent (10%) per annum computed from the date of underpayment, and City shall bear the costs of the audit. If such audit discloses an overpayment, the City shall promptly repay such underpayment to Collector and the City shall bear the costs of the audit.
Section 17. Indemnification
17.1. Indemnification of City. Collector agrees that it shall protect, defend, indemnify and hold harmless City, its elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”) from and against any claim, action or proceeding that arises from this Agreement or any Services performed pursuant to or in connection with this Agreement (“Claim”), including but not limited to all losses, liabilities, fines, penalties, claims, damages, liabilities, judgments, attorney’s fees, costs incurred for staff time, court costs, other expenses of litigation, or expenses of litigation awarded to the prevailing Party or Parties. This indemnification does not include gross negligence or willful acts of the City, or City’s Agents. At City’s discretion, Collector shall satisfy the obligation of this Section by reimbursing City for tendering its own defense. If Collector undertakes the defense of a Claim by providing City-approved representation, City may, participate in the defense of any such Claim. To the extent permitted by Public Resources Code Section 40059.1, and to the extent noncompliance is caused by Collector’s breach of or noncompliance with a provision of this Agreement, Collector agrees to protect and defend City or City’s Agents, with counsel selected by the City, and to indemnify and hold harmless City or City’s Agents from and against all fines or penalties imposed by the State if the waste diversion goals specified in the Public Resources Code are not met by the City with respect to the Solid Waste collected by Collector under this Agreement. Collector shall indemnify, defend with counsel acceptable to the City, protect and hold harmless the City and City’s Agents from and against all claims, damages (including but not limited to special, consequential, and natural resources damages), injuries, response mediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and attorney and expert fees for the adverse party and expenses (including but not limited to attorney’s and expert witness fees and costs incurred in connection with defending against any of the forgoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or City’s Agents arising from or attributable to the negligence or willful misconduct of Collector or its affiliates and their respective officers, directors, employee and shareholders in handling Hazardous Waste either knowingly or under circumstances in which a reasonable person would or should have known that Hazardous Waste was being handled. The foregoing indemnity is also intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section 9607(c) and California Health and Safety Code Section 25364, to defend, insure, protect, hold harmless and indemnify the City from liability.
17.2. Indemnification of Collector. City shall indemnify, defend and hold Collector, its affiliates and their respective officers, directors, employees and shareholders harmless from and against any and all liabilities, losses, damages, claims, actions and causes of action, costs and expenses (including reasonable attorney’s fees) arising from or in any manner arising out of City’s obligations in this Agreement as well as the grossly negligent or willful acts of City or City’s Agents. Subject to this indemnification, and upon demand of Collector, made by and through Collector’s counsel, City shall appear in defense of Collector, and its officers, employees and agents in any claims or actions, whether judicial, administrative or otherwise arising out of the exercise of this Agreement.
Section 18. Insurance
Collector will continue to carry insurance, which shall be placed with insurers with a current A M Best’s rating of no less than A VII, and which shall include all of the following:
18.1. Required Insurance.
18.1.1 Worker’s Compensation. Collector shall obtain and maintain in full force and effect throughout the Term, worker’s compensation insurance in accord with the provisions and requirements of the California Labor Code. Endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the Term. The policy providing coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, agents or representatives for losses which arise from the Services performed by the Collector pursuant to this Agreement.
18.1.2. General Commercial Liability Insurance. Collector shall carry commercial or comprehensive general liability insurance with a combined single limit of Five Million Dollars ($5,000,000.00) per occurrence / aggregate for bodily injury, personal injury and property damage. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form GG 00 01 11 88).
18.1.3. Automobile Liability Insurance. Collector shall carry automobile insurance with a combined single limit of Five Million Dollars ($5,000,000.00) per occurrence for bodily injury, personal injury, and property damage, and which shall provide coverage for rented and non-owned vehicles. Coverage shall be at least as broad as Insurance Service form number CA 00 01 06 92 covering Automobile Liability, code 1 (any auto).
18.1.4. Public Liability Insurance. Collector shall carry public liability insurance with a combined single limit of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury, and property damage. 18.1.5. Pollution or Environmental Liability Insurance. Collector shall carry Environmental or Pollution liability coverage appropriate for the waste activity contemplated in this Agreement, including sudden and accidental upset pollution liability for the amount of One Million Dollars ($1,000,000.00) per claim or occurrence and One Million Dollars ($1,000,000.00) in the aggregate.
18.2. Additional Insurance Requirements. Within five (5) days of the Effective Date, Collector shall provide City with certificates of insurance for all of the policies required under this Section 18 (“Certificates”), excluding the required worker’s compensation insurance. With the exception of the worker’s compensation insurance, all of the insurance policies required in this Section 18 shall: provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice, or ten (10) days’ in the case of non-payment of premium by Collector (as per insurance industry standard), to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; name City, and City’s Agents as additional insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of Collector or operations performed by or on behalf of the Collector to perform the Services including materials, parts, or Equipment furnished in connection with the Services or operations by endorsement; be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be excess of Collector’s insurance and shall not contribute to it; and contain standard separation of insured provisions.
18.3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City and City’s Agents, or Collector shall provide a financial guarantee satisfactory to City guaranteeing payment of loss related investigations, claim administration and defense expenses.
18.4. Verification of Coverage. Before the Services commence, Collector shall furnish City with original Certificates and endorsements effecting coverage required by this Section 18. The endorsements shall be on forms approved by the City which contain all of the information required in this Section 18.
18.5. Subcontractors. Collector shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Section 18. Said insurance shall protect Collector and City from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from the Services, whether such operations be by Collector itself, or by its agents, employees, contractors or sub-grantees. Copies of the policies or endorsements evidencing the above insurance coverage shall be filed with the City Clerk. All of the following endorsements are required to be made a part of the insurance policies required by this Agreement.
18.6. Increase in Coverage Requirements. The limits for the insurance coverage required under this Section 19 and the ratings required for insurance companies shall be subject to review and approval by the City Attorney every year and may be increased at that time, at the City Attorney’s discretion, to match the coverage provided by the City’s own liability insurance policy.
Section 19. Collector Liability for Damage to Street
Any physical damage caused by the negligent or willful acts or omissions of employees of Collector to public or private property shall be repaired or replaced by Collector at Collector’s sole expense. Collector shall be responsible for damage to City’s driving surfaces, whether paved or not paved, beyond normal wear and tear.
Section 20. Title to Solid Waste
All Solid Waste, Recyclables, and Green Waste collected pursuant to this Agreement shall remain the property of the Customer until such time as it is collected for disposal. It is expressly understood that all Solid Waste, Recyclables, and Green Waste collected under this Agreement becomes the property of Collector upon collection, subject to the requirement of delivery to an appropriate disposal site.
Collector is hereby granted the right to retain, dispose of, and otherwise use such Solid Waste, Recyclables, and Green Waste, or any part thereof, in any fashion or for any lawful purpose desired by Collector, and to retain any benefit or profit resulting therefrom. Solid Waste which is disposed of at a disposal site shall become the property of the owner or operator of the disposal site once deposited there by Collector.
Section 21. Rights of City to Perform During an Emergency Should Collector, for any reason whatsoever, excluding a Force Majeure as defined in Section 10.2, be unable to perform any of the Services required by this Agreement, for a period of more than seventytwo (72) hours, and the City Manager reasonably finds that the resulting accumulation of Refuse in City endangers or menaces the public health, safety or welfare, then, City shall have the right to temporarily take possession of and use Collector’s Equipment to carry out Collector’s obligations under this Agreement, upon twenty-four (24) hour prior written notice to Collector. Collector agrees that in such event it will fully cooperate with City to affect such a transfer of possession for City’s use. Collector agrees that, in such event, City may take temporary possession of and use all of said Equipment and facilities without paying Collector any rental or other charge, provided that when City takes possession of Collector’s Equipment and facilities under this Section 21, City shall assume complete responsibility for the proper and normal use of such Equipment and facilities. City agrees that it shall immediately relinquish possession of all of the abovementioned property to Collector upon receipt of written notice from Collector stating it is able to resume its normal responsibility under this Agreement.
Section 22. Customer Confidentiality
Collector shall strictly observe and protect the right of privacy of the Customers. Information identifying individual Customers, or the composition or contents of a Customer’s Refuse, shall not be revealed to any person, governmental unit, private agency or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the Customer. This provision shall not be construed to preclude Collector from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939. Collector shall not market or distribute, without City’s advance written consent, which City may withhold in its sole and absolute discretion, mailing lists with the names or addresses of Customers. The rights accorded Customers pursuant to this Section shall be in addition to any other privacy right accorded Customers pursuant to federal or state law.
Section 23. Reports and Adverse Information
23.1. Reports. Within one hundred twenty (120) days after the close of Collector’s fiscal year, Collector shall submit a written annual report, in a form approved by City, including, but not limited to, the following information:
23.1.1. A report on City’s progress in meeting and maintaining its ability to meet its goals under AB 939 as applied to the Franchise Area, along with any recommended changes. Collector shall also provide the City’s Public Works Director with quarterly reports on the quantity (by weight) of all Commercial Solid Waste, Residential Solid Waste, Recyclables, Compostables, and Green Waste collected.
23.1.2. A list of Collector’s officers and member of its board of directors.
23.1.3. A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in Collector and any subsidiaries.
23.1.4. The most current annual audited financial statement, upon request. To the extent permitted by the Public Records Act, this document shall remain confidential.
23.1.5. A current financial statement, upon request.
23.2. Adverse Information. Collector shall provide City two (2) copies of all reports, or other material adversely affecting this Agreement, which Collector submits to: the State or federal Environmental Protection Agency; the Department of Resources Recycling and Recovery; or any other federal, State, or local agency. Copies shall be submitted to City simultaneously with Collector’s filing of such matters with said agencies. Collector’s routing correspondence to said agencies need not be automatically submitted to City, but shall be made available to City upon written request. Collector shall submit to City copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by Collector to any federal, state and local courts, regulatory agencies and other government bodies relating to Collector’s performance of Services pursuant to this Agreement, as well as copies of all decisions, correspondence and actions by such agencies. Any confidential data exempt from public disclosure shall be retained in confidence by City or its authorized agents and shall only be made available for public inspections, as required by law. Collector shall submit to City such other information or reports in such forms and at such times as City may reasonable request or require. All reports and records required under this or any other section herein shall be furnished to City at the sole expense of Collector.
23.3. Failure to Report. The refusal, failure, or neglect of Collector to file any report required, or the inclusion of any materially false or misleading statement or representation made intentionally, willfully, or knowingly by Collector in such report, may be deemed a material breach of this Agreement, and may subject Collector to all remedies, legal or equitable, which are available to City under this Agreement or otherwise.
Section 24. Bonds and Security
24.1 Performance Bonds. Contemporaneously with the execution of this Agreement, Collector shall secure and execute a performance bond to be held by the City (the “Performance Bond”) to ensure performance of Collector for the total amount of Fifty Thousand and No/100 Dollars ($50,000.00). The Performance Bond shall be on terms and in a form acceptable to the City Attorney and shall be issued by a California admitted insurer. The Performance Bond shall serve as security for the faithful performance by Collector of all the provisions and obligations of this Agreement. Thirty (30) days following Collector’s failure to pay City an amount owed under this Agreement, if ever, the Performance Bond may be assessed by City upon five (5) days prior written notice to Collector for purposes including, but not limited to:
A. Failure of Collector to pay City any sums due under the terms of the Agreement.
B. Reimbursement of costs borne by City to correct violations of this Agreement, after five (5) days’ advance written notice to Collector.
C. Monetary remedies or damages assessed against Collector due to a breach of this Agreement.
24.2. Replenishment of Bond. Collector shall restore the bond to its original amount of Fifty Thousand Dollars ($50,000.00), within thirty (30) days receipt of notice from the City that any amount has been withdrawn from or assessed against the Performance Bond.
Section 25. Breach of Agreement
25.1. Determination of Breach. If the City Manager reasonably determines that Collector’s performance pursuant to this Agreement has not been in conformity with reasonable industry standards obtained in similar cities in Central California, the provisions of this Agreement, the requirements of the Department of Resources Recycling and Recovery, including, but not limited to, requirements for source reduction and recycling (as to the waste stream subject to this Agreement) or any other applicable federal, state or local law or regulation, including but not limited to the laws governing transfer, storage or disposal of Hazardous Waste, the City Manager may advise Collector in writing of such deficiencies. If Collector commits a material breach of this Agreement (“Breach”), City may terminate this Agreement, impose Liquidated Damages, or avail itself of any and all remedies set forth in Section 26 of this Agreement, in addition to all other remedies available to the City in law or equity.
25.2. Events that Constitute a Breach. A Breach includes but is not limited to the following:
25.2.1. Misrepresentation. Collector commits, or attempts to commit, any fraud, intentional material misrepresentation or deceit upon the City in relation to this Agreement or in the statements or materials submitted to City by Collector in connection with this Agreement as of the time the representation or disclosure is made.
25.2.2. Seizure or Attachment of Equipment. There is a seizure or attachment (other than a prejudgment attachment) of, or levy affecting possession on, the operating Equipment of Collector, including without limit its vehicles, maintenance or office facilities, or any part thereof of such proportion as to impair Collector’s ability to perform under this Agreement and which cannot be released, bonded, or otherwise lifted within forty-eight (48) hours excluding weekends and Cityapproved holidays.
25.2.3. Collector Bankruptcy. Collector files a voluntary petition for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or consents to the appointment of or taking of possession by a receiver, liquidator, assignee (other than as a part of a transfer of equipment no longer useful to Collector or necessary for this Agreement), trustee (other than as security for an obligation under a deed of trust), custodian, sequestrator, or similar official of Collector for a part of Collector’s operating assets or any substantial part of Collector’s property, or shall make any general assignment for the benefit of Collector’s creditors, or shall fail generally to pay Collector’s debts as they become due.
25.2.4. Court Order or Decree. Any court having jurisdiction enters a decree or order for relief with respect to Collector, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or Collector consents to or fails to oppose any such proceeding, or any such court enters a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator, or similar official of Collector or for any part of Collector’s operating equipment or assets, or order the winding up or liquidation of the affairs of Collector.
25.2.5. Failure to Notify City. Collector fails to notify City in a timely manner of any receipt of notice of violation or official communication from those regulatory agencies regulating Solid Waste, Recyclables, and Green Waste collection, transport, processing, or disposal activities.
25.2.6. Lapse of Financial Requirement. If Collector fails to provide or maintain in full force and in effect, the following: any of the insurance policies required pursuant to Section 15 herein; the full amount of the Performance Bond required under Section 24.1 herein; or the full amount of the Payment Bond required under Section 24.2 herein.
25.2.7. Regulatory Violation. Collector violates any orders or filings of any regulatory body having jurisdiction over Collector relative to this Agreement, provided Collector may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred.
25.2.8. Cessation of Services. Collector ceases to provide collection, transportation, processing, or recycling services as required under this Agreement for a period of three (3) consecutive business days or more, for any reason within the control of Collector.
25.2.9. Failure to Meet Payment or Reporting Requirements. Collector fails to make any payment required under this Agreement or refuses to provide City with required information, reports, or records in a timely manner as provided for in the Agreement.
25.2.10. Violation of AB 939. Any other act or omission by Collector, which materially violates the terms, conditions or requirements of the AB 939 as may be amended from time to time; or any other directive rule or regulation issued thereunder; unless the violation is corrected or remedied within the time set on the written notice of violation; or if Collector cannot reasonably correct or remedy the violation within the time set forth in such notice, Collector commences to correct or remedy such violation within the time set forth in such notice and diligently and in good faith continues to cure, correct, or remedy such violation thereafter.
25.2.11. Unremedied Acts or Omissions. Collector commits any act or omission which violates the terms, conditions, or requirements of this Agreement, or any other applicable laws and which is not corrected or remedied within the time set in the written notice of the violation or, if Collector cannot reasonably correct or remedy the breach within the time set forth in such notice, Collector should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter.
25.2.12. Failure to Correct Breach. Collector fails to correct any Breach within the applicable Cure Period.
25.3. Cure Rights. Notwithstanding any other provision of this Section 25 to the contrary, City shall provide Collector with reasonable notice of and a reasonable opportunity to cure any Breach of this Agreement during the time periods set forth below (the “Cure Period”). Collector shall begin cure of any Breach as soon as it becomes aware of the Breach, whether discovered by Collector or through notice from the City. Upon becoming cognizant of the Breach, Collector shall proceed to cure such Breach as follows:
25.3.1. Immediately, if the City determines the Breach endangers the health, safety, or welfare of the public; or
25.3.2. Within thirty (30) days of giving or receiving notice of the Breach, provided that if the nature of the breach is such that it will reasonably require more than thirty (30) days to cure, Collector shall have such additional time as is reasonably needed, no longer than sixty (60) days to expeditiously complete a cure. During any Cure Period, Collector shall provide City weekly written status updates informing City of Collector’s progress curing the Breach.
25.4 Right to Appeal. Collector may submit a response to claims of Breach contained in any written notice from the City within thirty (30) days of receipt of such notice. The City Manager shall review Collector’s response and refer the matter to the City Council or decide the matter and notify Collector of that decision, in writing. A decision or order of City Manager shall be final and binding on Collector, if the Collector fails to file a “Notice of Appeal” with the Council within thirty (30) days of receipt of the City Manager’s decision. Within ten (10) working days of receipt of a Notice of Appeal, the City Manager shall refer any Collector Notice of Appeal timely received to the City Council for proceedings in accordance which shall be conducted as follows: Upon receiving a Notice of Appeal the City Council, shall set the matter for hearing within a reasonable time. City shall give Collector and any other person requesting the same, fourteen (14) days written notice of the time and place of the City Council hearing on the appeal. At the hearing, the City Council shall consider the report of the City Manager indicating the deficiencies, and shall give the Collector, or its representatives and any other interested person a reasonable opportunity to be heard. Based upon the evidence presented at the public hearing, the City Council shall determine whether the decision or order of the City Manager should be upheld. If, based upon the record, the City Council determines that the performance of Collector is in breach of any material term of this Agreement or any material provision of any applicable federal, state or local statute of regulation, the City Council has sole and absolute discretion to terminate this Agreement or impose damages as set forth herein. The decision of the City Council shall be final and conclusive, and there shall be no appeal of the City Council decision. Collector’s performance under this Agreement is not excused during the period of time prior to the Council’s final determination as to whether such performance is deficient.
Section 26. Termination, Liquidated Damages and other Remedies
26.1. Termination. In the event Collector commits a Breach of this Agreement, City shall have the right to terminate this Agreement (“Termination”).
26.2. Liquidated Damages.
26.2.1. City finds, and Collector agrees, that as of the Effective Date of this Agreement, it is impractical, if not impossible to reasonably ascertain the extent of damages which will be incurred by City as a result of a Breach by Collector of its obligations under this Agreement. Some reasons for the impracticability of ascertaining damages include, but are not limited to: the difficulty in estimating the substantial damage that results to Customers who are denied Solid Waste disposal services or denied quality or reliable service; and the difficulty valuing the damage caused from the inconvenience, anxiety, frustrations and deprivation of the benefits provided under the Agreement to individual members of the general public for whose benefit this Agreement exists. The Parties agree that these damages manifest in subjective ways and in varying degrees of intensity, and are incapable of measurement in precise monetary terms.
The Parties agree that any remedy for such breaches, including the termination of this Agreement are, at best, a means of future correction and not remedies, which can adequately make the public whole for past breaches.
26.2.2. The City Council may, at its discretion, assess liquidated damages not to exceed the sum of Two Thousand Dollars ($2,000) per day, for each calendar day that the Services are not provided by Collector in accordance with this Agreement for a period not to exceed forty-five (45) days (“Liquidated Damages”). In addition, the City Council may order assessment against the Performance Bond and Payment Bonds required by Section 25 as set forth herein, the termination of this Agreement, or both.
26.2.3. The City finds, and Collector acknowledges and agrees that the above described liquidated damages provision represent a reasonable sum in light of all of the circumstances. Said liquidated damage sums shall be applicable to each calendar day of delay during which Collector has been found by the City Council to be in Breach pursuant to Section 26. Collector shall pay any Liquidated Damages assessed by the City Council within thirty (30) days after they are assessed. If they are not paid within the thirty-day (30) period, City may withdraw said amount from the Performance Bond or Payment Bond, as appropriate, pursuant to Section 25, order the Termination of the Franchise granted by this Agreement, or both.
26.3. Remedies Not Exclusive. The right of Termination or to impose Liquidated Damages are in addition to all other rights of City upon a failure of Collector to perform its obligations under this Agreement, including but not limited to the rights provided in Section 27.
Section 27. City’s Additional Remedies
In the event Collector commits a Breach of this Agreement, and the City has terminated this Agreement, in addition to the remedies set forth in Section 26, City shall have the following rights:
27.1. Rental of Collector Equipment. Notwithstanding the provisions set forth in Section 22 of this Agreement, City shall have the right to rent or lease Equipment from Collector for the purpose of collecting, transporting and disposing of Refuse which Collector is obligated to collect, transport and dispose of pursuant to this Agreement, for a period not to exceed six (6) months. If such Equipment is not owned by Collector, Collector shall assign to City, to the extent possible, the right to possess the Equipment. If City exercises its rights under this Section, City shall pay to Collector the reasonable rental value of the Equipment so taken for the period of City’s possession thereof.
27.2. Right to License others to Provide Disposal Services for the City. City shall have the right to license others to perform the Services otherwise to be performed by Collector hereunder, or to perform such Services itself.
27.3. Right to Other Damages. City shall have the right to obtain damages or injunctive relief. The Parties recognize and agree that in the event of Breach by Collector, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief, to enforce the provisions of this Agreement by Collector and to enjoin the Breach thereof.
Section 28. Compliance with Applicable Law
Collector agrees that it shall comply with all applicable federal, state, and local laws and regulations, expressly including the provisions set forth in the Code which are applicable to the work or business in which it is herein franchised, and with any and all amendments to such applicable provisions during the Term.
Section 29. Assignment
The Franchise granted by this Agreement shall not be transferred, sold, hypothecated, sublet or assigned, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold or transferred, either in whole or in part nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, except Collector, either by act of the Collector or by operation of law, without the prior written consent of City expressed by a resolution or ordinance approved by the City Council, which may be withheld for any reason, conditioned or granted in the City’s sole discretion. Any attempt by Collector to assign this Franchise without the consent of City shall be null and void. If Collector attempts to transfer the Franchise prior to obtaining City consent, all of the profits or twenty-five percent (25%) of the gross revenues received pursuant to the Services provided under this Agreement, from the date of attempted transfer until the date of City consent, whichever is greater, shall be returned to City.
Section 30. Franchise Transfer: Fees
Any application for a Franchise transfer shall be made in a manner prescribed by the City Manager. The application shall include a transfer fee in an amount to be set by the City by resolution or ordinance of the City Council, to cover the cost of all direct and indirect administrative expenses, including consultants and attorneys, necessary to adequately analyze the application and to reimburse City for all direct and indirect expenses. In the event that City’s actual costs exceed the amount of the transfer fee, Collector shall reimburse City for all additional costs which are not covered by the transfer fee, up to, but not exceeding Five Thousand Dollars ($5,000.00). Bills shall be supported with evidence of the expense or cost incurred. The applicant, for any such transfer, shall pay such bills within thirty (30) days of receipt. The Franchise transfer fees detailed in this Section are over and above any franchise fees specified in the other portions of this Agreement.
Section 31. City Must Approve Change in Control of Collector City consent is required for any change in control of Collector. Collector is a corporation, and any acquisition of more than twenty-five percent (25%) of Collector’s voting stock by a person, or group of persons acting in concert shall be deemed a change in control. Any change in control of the Collector occurring without prior City approval shall constitute a material breach of this Agreement.
Section 32. Amendment to Agreement
This Agreement is intended to carry out City’s obligations to comply with the provisions of the AB 939, and implemented by regulations of the Department of Resources Recycling and Recovery (“Regulations”), as they may from time to time be amended. In the event that AB 939, or other state or federal laws or regulations enacted after the Effective Date, prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Except for Rate adjustments made pursuant to Section 9, this Agreement may be amended or modified only by a written agreement duly authorized and executed by both the City and Collector.
Section 33. General Provisions
33.1. Governing Law and Venue. This Agreement shall be governed and construed in accordance with the laws of the State of California. Venue for all legal proceedings arising from this Agreement shall be in the Superior Court for the County of Stanislaus in the State of California. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Eastern District of the State of California.
33.2. Notices. Any notice or communication required hereunder between City and Collector must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
City: City of Waterford 101 E Street Waterford, CA 95386 Attn: City Clerk, Tel: (209) 874-2328 Legal: Mason, Robbins, Browning, Godwin 700 Loughborough Dr # D Merced, California 95348 Attention: Corbett Browning, Tel: (209) 383-9383
Collector: Gilton Solid Waste Management, Inc. 755 S. Yosemite Ave, Oakdale, Ca 95361 Attention: President, Tel: (209) 527-3781.
33.3. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid or unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
33.4. Exhibits Incorporated. The following “Exhibits” are attached hereto and incorporated herein by this reference: Exhibit A Definitions, Exhibit B Franchise Area, Exhibit C Rates, Exhibit D Bulky Item Collection Program, Exhibit E Specified E-Waste.
33.5. Time of Essence. Time is of the essence for the Agreement and each provision contained within and each provision is made and declared to be a material, necessary and essential part of the Agreement.
33.6. Authority. All Parties to the Agreement warrant and represent that they have the power and authority to enter into the Agreement and the names, titles and capacities herein stated on behalf of any entities, persons, states or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement. By entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
33.7. Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of the Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.
33.8. Entire Agreement. This Agreement, together with its specific references, attachments and Exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
33.9. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, representations or agreements, written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
33.10. Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.
33.11. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
33.12. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
33.13. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
33.14. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
33.15. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of the Agreement.
33.16. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
(SIGNATURES ON FOLLOWING PAGE)
IN WITNESS WHEREOF, this Agreement has been entered into by and between City and Collector as of the Effective Date.
CITY:
City of Waterford, a municipal corporation of the State of California By: ________________________________
Matt Erickson, Interim City Manager
Date Signed: ________________________
Approved as to Form:
By: _____________________________
Corbett Browning, City Attorney
Attest:
By: _____________________________
Miranda Lutzow, City Clerk
GILTON:
Gilton Solid Waste Management, Inc., a California Corporation By: ________________________________
Richard Gilton, President
Date Signed: ____________________
EXHIBIT A
Definitions
Capitalized words in the Agreement shall have the following meanings:
1. “AB” shall mean an Assembly Bill of the California Legislature.
2. “AB 341” shall mean the amendments to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), Chapter 476, as amended, supplemented, superseded, and replaced from time to time.
3. “AB 939” shall mean the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded, and replaced from time to time.
4. “Agreement” shall mean this Franchise Agreement between the City and Collector, including all exhibits and future amendments.
5. “Bin” or “Bins” shall mean receptacles provided by Collector for commercial customers which is picked up by Collection trucks by means of a front-loading apparatus.
6. “Bulky Items” shall mean large items of Solid Waste such as appliances, furniture, branches, and other oversize wastes whose large size precludes or complicates their placement in containers or handling by normal collection, processing, or disposal methods, but excluding Excluded Waste; items larger than five cubic yards or heavier than 500 pounds; and items of excessive size or density, such as engine blocks, spas, boats, and trailers. A list of acceptable and unacceptable Bulky Items is attached as Exhibit D.
7. “Breach” shall be as defined in Section 26.1 of this Agreement.
8. “Cart” or “Carts” shall mean industry standard receptacles for disposal of residential Solid Waste, Green Waste, and Recyclables, in a range of sizes. A Cart has wheels, a handle for ease of movement, and a tight-fitting, attached lid and is designed to be dumped manually or mechanically into a Solid Waste collection vehicle.
9. “Certificates” shall be as defined in Section 18.2 of this Agreement.
10. “City” shall mean the City of Waterford, Stanislaus County, State of California.
11. “City’s Agents” shall be as defined in Section 17.1 of this Agreement.
12. “City Attorney” shall mean the city attorney for the City of Waterford.
13. “City Council” shall mean the City Council of the City of Waterford.
14. “City Engineer” shall mean the city engineer for the City of Waterford.
15. “City Manager” shall mean the city manager for the City of Waterford.
16. “Claim” shall be as defined in Section 16.1 of this Agreement.
17. “Collector” shall be as defined in the Preamble to this Agreement.
18. “Construction and Demolition Debris” or “C&D Debris” shall mean waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements and on houses, commercial buildings, and other structures, but not including any Excluded Waste.
19. “Container” or “Containers” shall be as defined in Section 10.1 of this Agreement.
20. “Cure Period” shall be as defined in Section 25.3. of this Agreement.
21. “Customer” or “Customers” shall mean an individual(s), entity or entities that receive any services provided by Collector pursuant to this Agreement. Customer shall also mean the person, organization, or corporation receiving services to which billing statements are sent.
22. “Effective Date” shall be as defined in the Preamble to the Agreement.
23. “Electronic Waste” or “E-Waste” shall mean waste containing or consisting of electronic devices and components, such as computers, monitors, terminals, computer cards and components, computer peripheral devices, main frame computers, keyboards, mice, printers and scanners, mini-systems, power supply units, servers, connectors/cables, storage discs, consumer electronics, printed circuit boards, televisions, chips and components, cellular and other phones, telecommunications equipment, and fax machines and copiers, but not including Excluded Waste.
24. “Equipment” shall mean Collector’s vehicles, tools, and equipment for the Services for which it is responsible under this Agreement.
25. “Excluded Waste” shall mean Hazardous Waste; Medical and Infectious Waste; liquid wastes; volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material; waste that Collector reasonably believes would, as a result of or upon disposal, be a violation of local, state, or federal law, regulation, or ordinance, including land use restrictions or conditions; waste that cannot be disposed of in Class III landfills; waste that in Collector’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose Collector or the City to potential liability. Excluded Waste does not include de minimis volumes or concentrations of waste of a type and amount normally found in residential Solid Waste after implementation of programs for the safe collection, recycling, treatment, and disposal of Household Hazardous Wastes in compliance with Sections 41500 and 41802 of the Public Resources Code.
26. “Exhibits” shall be as defined in Section 33.4. of this Agreement.
27. “Force Majeure” shall be as defined in Section 10.2. of this Agreement.
28. “Franchise Area” shall be as defined in Section 3.1. of this Agreement.
29. “Franchise Fees” shall mean both the fees retained by City and paid by Collector to City as defined in Section 15.1.
30. “Green Waste” shall mean all tree and plant trimmings, grass cuttings, dead plants, weeds, leaves, branches, and similar plant materials, but not including Excluded Waste, palm material, or items longer than five (5) feet or with a diameter greater than six (6) inches.
31. “Gross Revenues” shall mean the total revenue received before any deductions or allowances.
32. “Hazardous Waste” shall mean a waste, or combination of wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may do either of the following: a.
Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness. b. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (Public Resources Code Section 40141.)
33. “HDPE (High Density Polyethylene)” shall mean a recyclable plastic that includes, but is not limited to, milk jugs.
34. “Holiday” shall mean any holiday recognized by the collector.
35. “Household Hazardous Waste” shall maintain the meaning set forth in Title 14, California Code of Regulations, Section 18502 or successor laws and regulations as may be amended from time to time.
36. “Liquidated Damages” shall be as defined in Section 26.2.1 of this Agreement.
37. “Medical and Infectious Waste” shall mean biomedical waste generated at residences in excess of legal limits or at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, and other similar establishments.
38. “Notice of Appeal” shall be as defined in Section 25.4 of this Agreement.
39. “Party” or “Parties” shall be as defined in the Preamble to this Agreement.
40. “Payment Bond” shall be as defined in Section 24.2 of this Agreement.
41. “Performance Bond” shall be as defined in Section 24.1 of this Agreement.
42. “PET (Polyethylene, Terephthalate)” PET means a recyclable plastic that includes, but is not limited to, 2-liter soda bottles.
43. “Rates” shall mean the rates charged by Collector or City to Customers within the City as set forth in Section 8.1.
44. “Recitals” shall be as defined in Section 1 of this Agreement.
45. “Records” shall be as defined in Section 12 of this Agreement.
46. “Recyclable Materials” or “Recyclables” shall mean those materials that may be separated on a commercially reasonable basis from Solid Waste and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Subject to mutually agreed revision by the Parties, Recyclable Materials or Recyclables include, newspaper (including inserts, coupons, and store advertisements), corrugated cardboard, mixed waste paper (including office paper, computer paper, magazines, junk mail, catalogs, Kraft bags and Kraft paper, paperboard, egg containers, phone books, brown paper, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, and cereal and other similar food boxes), glass containers (including colored glass bottles and jars), aluminum (including beverage containers, foil, food containers, and small scrap metal), plastic milk and juice containers, steel or tin cans, small scrap metal, PETE and HDPE plastic containers (natural and colored), used motor oil and oil filters, and any other commercially viable recyclable materials mutually agreed to by Collector and the City.
47. “Refuse” shall mean general term for waste, including Solid Waste.
48. “Regulations” shall be as defined in Section 32 of this Agreement.
49. “Roll-Off Box” shall mean a container, with a minimum capacity of ten cubic yards, designed for mechanical emptying with a vehicle, and used for the storage and transportation of solid waste, green waste, recyclables, and other commodities.
50. “Services” shall be as defined in Section 5.1 of this Agreement.
51. “Solid Waste” shall mean and include all forms of residential and commercial waste generated within City limits and intended for disposal. Solid Waste as defined in Public Resources Code, Section 40191 and regulations promulgated thereunder and without limitation includes all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, Refuse, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes. Excluded from the definition of Solid Waste are Excluded Waste, Recyclable Materials, and Green Waste. Notwithstanding any provision to the contrary, “Solid Waste” may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of Household Hazardous Waste in compliance with Sections 41500 and 41802 of the Resources Code. For the purposes of this Agreement the Collector may, but is not required, to collect, haul, dispose or recycle any liquid wastes, abandoned vehicles, and parts thereof, industrial appliances; dewatered, treated or chemically fixed sewage sludge or manure.
52. “State” shall mean the State of California.
53. “Term” shall be as defined in Section 6 of this Agreement.
54. “Termination” shall be as defined in Section 26.1 of this Agreement.
55. “Universal Waste” shall mean any waste matter which the State of California classifies as 'universal waste,' including, but not limited to, items and materials listed in 22 CCR 66261.9, as it may be amended, as well as any items listed below not classified by the State of California as 'universal waste.' Universal Waste includes, but is not limited to, the following: E-Waste; Batteries (except automobile batteries); Thermostats; Lamps with fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and other lamps with hazardous waste characteristics; Cathode ray tubes; Aerosol cans; Mercurycontaining items, including light switches, pressure gauges, and thermometers; Appliances, devices, and other objects containing electronic components, including (but not limited to) computers, computer monitors, cellular telephones, copiers, fax machines, DVD players, VCRs, and televisions; and Prescription and non-prescription drugs, not including controlled substances.
EXHIBIT B
Solid waste franchise agreement area map (city limits)
El Pomar Avenue
Tuolumne River
MID Canal
Reinway Ave Yosemite Blvd
Tim Bell Road
Vineyard Road
EXHIBIT C
Rates
RESIDENTIAL CART RATES - SEPT 2017
STANDARD SERVICE
1. 1- 96 Gallon Waste Cart 1 X Per Week Monthly Charge
Physically
Impaired/ Senior
Rates
Includes: 1-96 Organic Cart (EVERY Week) $ 22.13 $ 19.53 Additonal 96 Gallon Cart
Waste $ 6.95
Organic Waste $ 6.95
ADDITIONAL CHARGES
Go-Back (Cart NOT out; one courtesy / year) $ 7.50 Per Event Extra Collection $ 10.00 Per Event
Bad/ Returned Check $ 28.85
Restart Fee with delivery $ 50.00
Replacement Fee- without a case number $ 75.00
Replacement Fee- with a case number $ 20.00
Contamination Fee $ 10.00
Service Charge- of billed amount when
late 1.5%
VALUE ADDED SERVICES
The above monthly rates include the following Value Added Services Value Added Services
Curbside Bulky Item Collection Program- Two Appointments per Customer per Year Curbside Electronic Waste Collection Program- Four Appointments per Customer per Year Illegal Dump Clean-Up Program
Christmas Tree Collection Program
Rates
FRONT LOADER BINS RATES - SEPT 2017
Bin Collection Monthly
Size Frequency Charge
2 Cubic Yard 1 $81.74
2 Cubic Yard 2 $147.81
3 Cubic Yard 1 $109.35
3 Cubic Yard 2 $210.12
4 Cubic Yard 1 $145.87
4 Cubic Yard 2 $268.42
6 Cubic Yard 1 $194.57
6 Cubic Yard 2 $371.64
Additional Charges:
Go-Back $15.00 Per Event
Extra Dump $20.00 Per Event
Lock Installation- Locking Bar (One time charge) $30.00 Master Lock ( per lock) $25.00
Disk Lock ( per lock) $35.00
Bad/ Returned Check $28.85
Restart Fee without delivery $20.00
Restart Fee with delivery $100.00
Replacement Fee- without a case number $219.66
Replacement Fee- with case number $60.00
Contamination Fee $60.00
Service Charge- of billed amount when late 1.50%
Rates
SENIOR/DISABLED CRITERIA
Senior:
1. Named account holder must be age 65 years or older
2. Provide proof of age
3. Provide proof of residency at the service address
Disabled:
To qualify as a disabled household, the head of household must be afflicted with one of the following disabilities, supported by recognition from a legal source, such as a medical doctor, Federal, State, or Local agency, or organization for the treatment of the disability. The disabilities listed are not meant to be exclusive and other disabilities may be considered on a case by case basis. However, the disabilities must be so severe as to cause restrictions to walking, carrying, lifting, or strenuous activity.
1. Arthritis
2. Blindness/visual impairment
3. Cardio-vascular disease
4. Developmental disabilities
5. Neurological
6. Orthopedic
7. Renal failure
8. Spinal cord conditions
EXHIBIT D
City of Waterford Bulky Item Collection Program
The Bulky Item Collection Program is available to all residential customers within the City of Waterford.
Customers are allowed to request up to two (2) collections per calendar year. To arrange collection, the customer must contact Collector and set up an appointment. Appointments will be scheduled by Collector and will occur within two (2) weeks of the customer’s request.
Bulky Items are limited to those items that will not fit within the customer’s existing garbage container.
Bulky Items are limited to those items listed below as “Acceptable”, or to those items approved by Collector at the time the appointment is requested.
Customers must place all Bulky Items on the paved street surface in front of their residence without blocking driveways or traffic, and must be easily accessible to Collector’s vehicle. Customers must place all Bulky Items out for collection no earlier than 6:00 P.M., California time, before the scheduled collection day or no later than 6:00 A.M., California time, on the scheduled collection day.
ACCEPTABLE ITEMS UNACCEPTABLE ITEMS
Refrigerators * Freezers* Automobile parts/Tires/Water heaters Air Conditioners Garbage/Commercial waste
Washers/Dryers Construction waste/Concrete / Asphalt
Dishwashers/Toilets/Sinks/Tubs Sheetrock/Hazardous waste Couches/Sofas/Tables/Chairs Paints / Solvents/Dirt / Sod Dressers/Mattresses Liquid of any kind/Glass
Bed frames/Furniture Green waste/Dead animals/Microwaves Hot tubs/BBQs Televisions Computer monitors
Patio furniture/Doors/ladders/Lawnmowers
Bicycles, Exercise Equipment, Bundled Dry Cardboard
* Doors must be removed or locked to prevent access by minors
EXHIBIT E
Acceptable E-Waste for Curbside Collection Program
Computers, Televisions, Cathode Ray Tubes, Printers, Computer Monitors, Copiers, Flat Screen Televisions, Scanners, Lap Top Computers, Fax Machines, Networking Equipment, Telephones, Printed Circuit Boards, Cellular Telephones, Servers, Stereos, Main Frame Units, DVD/VHS Players.
EXHIBIT F
Regional Solid Waste Disposal Plan
Memorandum of Understanding (MOU)
Between The City of Waterford and Stanislaus County
AMENDMENT NO.1
To the
Agreement between the
CITY OF WATERFORD
And
GILTON SOLID WASTE MANAGEMENT, INC
For
FRANCHISE AGREEMENT
THIS AMENDMENT NO. 1, dated January 6, 2022, is entered into by and between the CITY OF WATERFORD, a municipal corporation (hereinafter "CITY") and Gilton Solid Waste Management, Inc, (hereinafter "COLLECTOR”).
WHEREAS, the parties hereto previously entered into an agreement dated September 7, 2017, whereby COLLECTOR will perform Solid Waste Collection services for the City (hereinafter the “Agreement”).
NOW, THEREFORE, the parties hereto mutually agree to amend said Agreement as follows:
1. Section 6. of the Agreement is amended to read as follows:
TERM OF AGREEMENT: The term of this Agreement shall commence on February 1, 2022 (“Effective Date”) and shall be in force for five (5) calendar years.
On the third anniversary and each following anniversary of the Effective Date, the term will automatically be extended one (1) additional year, until such time as either the City or the Collector submits in writing to the other that their intent is to terminate said Agreement. If such notice is provided, the Agreement shall be terminated two (2) year from the next Effective Date anniversary, notwithstanding the remaining term that would otherwise be in effect, and the City may in its discretion advertise for competitive bids for solid waste collection services with such services to commence after the expiration of the contract term of this Agreement. Nothing herein shall be deemed or construed to impair the right of the City to immediately terminate the Agreement with Collector due to Collector’s substantial failure to perform the services and responsibilities specified and agreed to in this Agreement.
2. Section 8.1. of the Agreement is amended to read as follows:
RATES: The maximum rates to be charged by Collector are set forth in Exhibit C (“Rate” or “Rates”) and may be adjusted by the City Council by ordinance or resolution. For the first year of the Agreement, Collector shall charge rates that are no greater than the maximum rates as provided in Exhibit C. In years two (2) through five (5) of the Agreement Term, the City will adjust the maximum charges made to Customers under this Agreement to reflect annual changes in the Consumer Price Index for All Urban Consumers (“CPI”) published by the U.S. Department of Labor for the San Francisco-Oakland-San Jose, CA statistical area. Such adjustments shall not exceed two and a half percent (2.5%) per year. The adjustment shall become effective on the anniversary of the Effective Date and be based on the previous twelve-month index analysis from September to August. In all subsequent years, the Collector may request,
and the City Council shall consider, rate adjustments based on the above referenced CPI index, in addition to any other adjustments provided for under subsections 8.3. and 8.4.
3. All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective officers thereunto duly authorized on the date first written hereinabove.
Executed on this 6th day of January, 2022, at Waterford, County of Stanislaus, California.
COLLECTOR CITY
______________________________ CITY OF WATERFORD
______________________________ ______________________________ Signature Michael G. Pitcock, P.E.
City Manager
APPROVED AS TO FORM
______________________________
Corbett J. Browning
City Attorney
ATTEST
______________________________
Patricia Krause
City Clerk
Exhibit "C"
Number of
. Accounts ·----··--
28 1
36 3
34 10
2 0
Bin
Size
2 Cubic Yard
2 Cubic Yard
3 Cubic Yard
3 Cubic Yard
4 Cubic Yard
4 Cubic Yard
6 Cubic Yard
6 Cubic Yard
City of Waterford
Monthly Refuse Service Rates
Front Loader Bins
Effective January 1, 2022
Collection Current Monthly Rate New Rate
Frequency January 1, 2021 January 1, 2022
1 $85.12 $108.87
2 $153.93 $201.42
1 $113.88 $149.50
2 $218.82 $290.06
1 $151.91 $199.40
2 $279.53 $374.52
1 $202.63 $273.87
2 $387.03 $482.02
* Extraordinary Cost Increase due to State Mandate SB 1383 $2. 7 4 per yard per week
Additional Charges:
Extra Dump Per event
Go-Back Per event
2 yard
3 yard
4 yard
6 yard
Lock Installation- Locking Bar (One time charge)
Master Lock ( per lock) I
Disk Lock ( per lock) I
Bad/ Returned Check
Restart Fee without delivery
Restart Fee with delivery
Replacement Fee- without a case number
Replacement Fee- with case number
Contamination Fee
Service Charge- of billed amount when late
$20.83 $25.12
$20.83 $34.50
$20.83 $46.02
$20.83 $63.20
$15.62 $35.00
$31.24 $32.02
$26.04 $26.69
$36.45 $37.36
$30.04 $30.79
$20.83 $21.35
$104.14 $106.74
$228.75 $234.47
$62.48 $64.04
$62.48 $64.04
1.50% 1.50%
Exhibit "C"
ALL REFUSE RATE PAYERS IN THE CITY OF WATERFORD
PUBLIC HEARING NOTICE: PROPOSED CHANGES TO SOLID WASTE RATES
RATE CHANGES
The City's solid waste provider, Gilton Solid Waste Management, is requesting an amendment to the Franchise Agreement with the City of Waterford in order to increase rates to meet the SB 1383 requirements. See Exhibit "A".
SB 1383 requires Jurisdictions to reduce emissions of Short-Lived Climate Pollutants (SLCP) in order to reduce Greenhouse Gas (GHG) emissions. SB 1383 requires businesses that produce organic wastes to reduce their levels of disposal. “Organic waste” includes:
• Food
• Green Material
• Landscape and Pruning Waste
• Organic Textiles and Carpets
• Lumber
• Wood
• Paper Products
• Printing and Writing Paper
• Manure
• Biosolids
• Digestate
• Sludges
California’s goal is to reduce GHG emissions 40 percent below 1990 levels by 2030, as established in SB 32. SB 1383 works hand in hand with AB 341, which commits the state to a 75 percent recycling goal, and strengthens AB 1826, which established mandatory commercial organics recycling. SB 1383 requirements far exceeds those of AB 1826, AB 939 (Integrated Waste Management Act (IWMA) of 1989), and AB 341.
An agency providing water, wastewater, sewer, or refuse collection services may adopt a schedule of fees or charges authorizing automatic adjustments for property related services, for a period not to exceed five (5) years pursuant to Government Code §§53755, 53756.
The rates are proposed to be adjusted as shown on Exhibit "A" to this notice and will be effective on February 1, 2022, and thereafter adjusted annually based on the CPI as set forth above.
The City Council is considering adopting the proposed rate changes, after a duly noticed public hearing described below, and if less than 50% of the rate payers protest the rate changes. If more than 50% protest the rate changes, the proposed rate changes will be rejected. If approved, the rate changes will become effective on February 1, 2022, and thereafter will be adjusted annually based on the CPI for the San Francisco-Oakland-San Jose metropolitan area.
PUBLIC HEARING NOTICE
A public hearing on the proposed rate increase will be held on Thursday, January 6, 2022, at 6:30p.m. in the Waterford City Council Chambers, located at 101 "E" Street, Waterford, CA 95386. This notice describes how to file a written protest against the proposed rate increase (see "Procedure to Protest Proposed Rate Increase").
PROCEDURE TO PROTEST PROPOSED RATE INCREASE
Proposition 218 requires a notification of the proposed rate increase be sent to all affectedrate payers 45 days prior to the public hearing.
The City Council invites all rate payers to comment on the proposed rate increase. Rate payers' comments must be submitted in writing, even if attending the public hearing on Thursday, January 6, 2022. Any rate payer (residential or commercial) subject to the proposed rate increase may protest the increase by filing a written protest (form included) with the City Clerk at or before the close of the public hearing. The written protest must include the rate payer name and signature, property address or Assessor Parcel Number.
If you are not in opposition to the proposed refuse rate increase, no action is required on yourpart. Written comments and protests may be submitted in writing to the City of Waterford, Attn: City Clerk, PO Box 199 or 101 E Street, Waterford, CA 95386.
EXHIBIT “A”
WRITTEN PROTEST
Name of Rate Payer:
Property Address:
Date:
I, ,am the rate payer of the property listed
above. I am submitting this form to protest the proposed increase in rates for solid waste services effective February 1, 2022 and that thereafter will be adjusted annually based on the Consumer Price Index for the San Francisco-Oakland-San Jose metropolitan area.
Additional Comments:
Signature of Rate Payer (required)
Print Name
Mail or Deliver by January 6, 2022 at 6:30PM to:
City Clerk
City of Waterford
101 E Street
Waterford, CA 95386
TODOS LOS PAGADORES DE TASAS DE RECHAZO EN LA CIUDAD DE WATERFORD AVISO DE AUDIENCIA PÚBLICA: CAMBIOS PROPUESTOS A LAS TASAS DE DESECHOS SÓLIDOS
Mandato Estatal No Financiado SB 1383
El 10 de Noviembre de 2020, el Estado de California promulgó un mandato estatal no financiado que es la ley de reducción de desechos más significativa de los últimos 30 años: El Proyecto de Ley del Senado 1383, Contaminantes climáticos de vida corta: Reducciones de emisiones de metano de desechos orgánicos (SB 1383).
Cada ciudad en el estado de California tiene el mandato bajo SB 1383 de reducir los desechos orgánicos del vertedero en un 50% en 2022 y en un 75% en 2025. Estos objetivos se establecieron para disminuir las emisiones de metano en los vertederos. Solicitamos al proveedor de desechos sólidos de la Ciudad, Gilton Solid Waste Management, Inc., que determine la mejor manera de cumplir con este mandato mientras brinda el mejor servicio a nuestros residentes y negocios.
Para que la Ciudad de Waterford logre los objetivos de desviación de desechos orgánicos requeridos, el material de desecho recolectado para la Ciudad de Waterford requerirá un mayor procesamiento para capturar y desviar del vertedero la mayor cantidad de materiales orgánicos de los flujos de desechos residenciales y comerciales como lo requiere SB 1383. Debido a estos requisitos adicionales de procesamiento de desechos y desvío de vertederos, la Ciudad de Waterford necesita ajustar nuestras tarifas de servicio que permitirán a la Ciudad de Waterford cumplir con los mandatos de SB 1383. Vea el Anexo "A".
SB 1383 define "Residuos orgánicos" para incluir:
• Víveres
• Material verde
• Residuos de paisaje y poda
• Textiles y alfombras orgánicos
• Tablas de Madera
• Madera
• Productos de papel
• Papel de impresión y escritura
• Estiércol
• Biosólidos
• Digestato
• Lodos
SB 1383 apoya aún más los esfuerzos de California para lograr el objetivo estatal de reciclaje del 75% establecido en AB 341 y fortalecer la implementación del reciclaje comercial obligatorio de productos orgánicos establecido en AB 1826. Los requisitos de SB 1383 superan con creces los de AB 341 y AB 1826.
SB 1383 requiere que cada jurisdicción en California proporcione servicios de recolección de productos Orgánicos a todos los residentes y empresas antes del 1 de Enero de 2022. El proveedor de desechos sólidos de la Ciudad, Gilton Solid Waste Management, Inc., continuará brindando un servicio de recolección residencial semanal de 2 carros para recolectar tanto el material orgánico (carrito verde) como la basura (carro negro) al mismo tiempo con sus camiones automatizados de cuerpo dividido ONE-PASS.
Una agencia que proporciona servicios de agua, aguas residuales, alcantarillado o recolección de basura puede adoptar un programa de tarifas o cargos que autoricen ajustes automáticos para servicios relacionados con la propiedad, por un período que no exceda los cinco (5) años de conformidad con el Código de Gobierno §§53755, 53756.
Se propone que las tasas se ajusten como se muestra en el Anexo "A" de este aviso y serán efectivas el 1 de Febrero de 2022 y, posteriormente, se ajustarán anualmente en función del IPC como se establece anteriormente.
El Concejo Municipal está considerando adoptar los cambios de tarifas propuestos, después de una audiencia pública debidamente notificada que se describe a continuación, y si menos del 50% de los contribuyentes protestan por los cambios de tarifas. Si más del 50% protesta por los cambios de tarifa, los cambios de tarifa propuestos serán rechazados. Si se aprueba, los cambios en las tarifas entrarán en vigencia el 1 de Febrero de 2022 y, a partir de entonces, se ajustarán anualmente en función del IPC para el área metropolitana de San Francisco-Oakland-San José.
AVISO DE AUDIENCIA PÚBLICA
Una audiencia pública sobre el aumento de tarifa propuesto se llevará a cabo el jueves 6 de Enero de 2022, a las 6:30 p.m. en Waterford City Council Chambers, ubicado en 101 "E" Street, Waterford, CA 95386. Este aviso describe cómo presentar una protesta por escrito contra el aumento de tarifa propuesto (consulte "Procedimiento para Protestar por el Aumento de Tarifa Propuesto").
PROCEDIMIENTO PARA PROTESTAR POR EL AUMENTO DE TARIFAS PROPUESTO La Proposición 218 requiere que se envíe una notificación del aumento de tarifa propuesto a todos los contribuyentes afectados 45 días antes de la audiencia pública.
El Concejo Municipal invita a todos los contribuyentes a comentar sobre el aumento de tarifas propuesto.
Los comentarios de los contribuyentes deben enviarse por escrito, incluso si asisten a la audiencia pública el Jueves, 6 de Enero de 2022. Cualquier pagador de tarifas (residencial o comercial) sujeto al aumento de tarifa propuesto puede protestar por el aumento presentando una protesta por escrito (formulario incluido) ante la Secretaria de la Ciudad en o antes del cierre de la audiencia pública. La protesta por escrito debe incluir el nombre y la firma del pagador de la tasa, la dirección de la propiedad o el número de parcela del asesor.
Si no se opone al aumento propuesto de la tasa, no se requiere ninguna acción de su parte. Los comentarios escritos y las protestas pueden enviarse por escrito a la Ciudad de Waterford, Attn: City Clerk, PO Box 199 o 101 E Street, Waterford, CA 95386.
ANEXO "A"
PROTESTA POR ESCRITO
Nombre del Contribuyente:
Dirección de la Propiedad:
Fecha:
Yo, , soy el pagador de
la propiedadenumerado anteriormente. Estoy enviando este formulario para protestar por el aumento propuesto en las tarifas para los servicios de desechos sólidos a partir del 1 de Febrero de 2022 y que a partir de entonces se ajustará anualmente en función del Índice de Precios al Consumidor para el área metropolitana de San FranciscoOakland-San José.
Comentarios Adicionales:
Firma del Pagador de Tasas (required)
Nombre
Envíe o Entregue antes del 6 de Enero de 2022 a las 6:30 p.m. a:
City Clerk
City of Waterford
101 E Street
Waterford, CA 95386
Informational Items 8
January 6, 2022
Patricia Krause, City Clerk / Assistant to the City Manager City Council Staff Report
Informational Items.
SUMMARY:
Items included in this section provide City Council with updates on business not requiring a full report.
FISCAL IMPACT:
N/A
ANALYSIS:
All items under this category are considered for informational purpose only.
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
N/A
ATTACHMENTS:
8a: City Project List
Streets
Name Owner Priority Estimated Cost Update
Yosemite Ave. Pedestrian Project (CalTrans) Michael Pitcock Lonnie Statzer High $6 Million Caltrans is lead agency
Main Street Reconstruction (G Street to Church Street) Michael Pitcock Lonnie Statzer High $450,000 (CDBG) Complete
I, H & G Streets Rehabilitation Michael Pitcock
Lonnie Statzer Medium $750,000 (Measure L) Postponed until 2022/23 2021 Slurry and Cape Seals Michael Pitcock
Lonnie Statzer High $900,000 (Measure L) Complete
Housing Development
Name Owner Priority Estimated Cost Update
Pecan / Pasadena Subdivision Michael Pitcock High NA Homes in Construction.
Bentley Estates Michael Pitcock High NA Tentative Map Approved Economic Development
Name Owner Priority Estimated Cost Update
F St and Yosemite Redevelopment (Burned Building) Michael Pitcock High N/A Received application for a Fuel Station/Convienence Store
Facilities / Property
Name Owner Priority Estimated Cost Update
ADA Transition Plan Implementation Lonnie Statzer Low Unfunded Ongoing La Gallina / Western Storm Basin Lonnie Statzer Low $70k (Sewer Fund) Complete 109 E St. Public Works Shop Sale Lonnie Statzer Low N/A For sale Local Hazardous Mitigation Plan Update Lonnie Statzer Low N/A County Wide Plan Process has Started City Projects
Public Safety
Name Owner Priority Estimated Cost Update
License Plate Reader Program Michael Pitcock High
$10,000 up front and $3,300
monthly for maintenance and
monitoring.
Approved by Council. Working with County
Sheriff on implementing the concept.
Utilities
Name Owner Priority Estimated Cost Update
WWTP Biosolids Screening Upgrade - Self Help Enterprises Grant Michael Pitcock High $150k Unfunded Grant Application submitted Water System Consolidation - Hickman Michael Pitcock High $3M Unfunded Grant Application submitted Parks and Trails
Name Owner Priority Estimated Cost Update
Triangle Parcel - Neighborhood Park Michael Pitcock
Lonnie Statzer Low Unfunded On Hold
S. Reinway Sports Complex Michael Pitcock
Lonnie Statzer Low Unfunded On Hold
Dog Park (Prop 68 Per Capita Grant) Lonnie Statzer High $180,000 Grant Approved - in design. Construction in Spring 2022.
Beard Park Improvements (Prop 68 Competitive Grant) Lonnie Statzer High 1.5 Million Unfunded Grant Denied. Waiting to see if another cycle to apply is available.
Other Projects
Name Owner Priority Estimated Cost Update