Agenda packet — Wheatland City Council, October 28, 2025

REGULAR CITY COUNCIL MEETING
Agenda
October 28, 2025 at 6:00 PM
Wheatland Community Center: 101 C Street, Wheatland, CA 95692 City Council meetings are held in-person and are no longer available via ZOOM.

In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact City Hall at (530) 633-2761 or (530) 633-9102 (fax). Requests must be made as early as possible and at least one full business day before the start of the meeting.

1. OPENING MATTERS

1.1 Call to Order and Roll Call

1.2 Pledge of Allegiance to the Flag

2. PUBLIC COMMENT
At this time, the public is permitted to address the City Council on non-agendized items.

COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, however, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the Council MAY discuss and/or act on items not appearing on the agenda are contained in Government Code §54954.2(b) (1) (2) (3)

3. CONSENT CALENDAR

3.1 Minutes from the regular City Council meeting on October 14, 2025.

3.2 Investment Report for the Quarter Ended September 30, 2025

3.3 Consideration and Adoption of Resolution Authorizing Yuba County to File for a Waste Tire Grant and Collect Tires County-Wide

3.4 Consideration and Adoption of Resolution Authorizing Execution of a Grant Agreement with Yuba Water Agency for Development of a Stormwater Master Plan

3.5 Consider Adopting Resolution No. 48-25 Accepting the Public Improvements Constructed by the First Street Senior Apartments Project as Complete, Accepting the Associated Dedications of Land and Authorizing the Filing of a Notice of Completion.

4. PUBLIC HEARING
1 4.1 Introduce and Waive the First Reading of Ordinance Approving Amendment No. 4 to the Third Amended and Restated City of Wheatland Development Agreement Concerning the Caliterra Ranch (formerly known as Jones Ranch) Subdivision and Dale Investments, LLC.

4.2 Introduce and Waive First Reading of Ordinance Amending Section 18.09 of the Wheatland Municipal Code Relating to On-Site Cannabis Consumption.

5. PRESENTATIONS

5.1 Ceremonial Swearing in of Police Officer Matias Carrazco

5.2 Update on South County Infrastructure Project

6. REGULAR CALENDAR

6.1 Consideration and Adoption of Resolution Authorizing Execution of an Employment Agreement with Terrence Y. Hill for the Position of Public Works Director

6.2 Consideration and Adoption of Resolution Authorizing Execution of an Employment Agreement with Michael C. Garlock for the Position of Police Chief

7. REPORTS

8. CLOSED SESSION

8.1 Conference with Legal Counsel - Anticipated Litigation (Government Code Section 54956.9) 1 Case

9. ADJOURN
Any writings or documents provided to a majority of the Wheatland City Council after distribution of the agenda packet are available for public inspection on the City’s website, www.wheatland.ca.gov This institution is an equal opportunity provider, and employer. 2 REGULAR CITY COUNCIL MEETING
Minutes
October 14, 2025, at 6:00 PM
Wheatland Community Center: 101 C Street, Wheatland, CA 95692 City Council meetings are held in-person and are no longer available via ZOOM.

1. OPENING MATTERS

1.1 Call to Order and Roll Call

PRESENT
Mayor Angela Teter
Vice Mayor Lisa McIntosh
Council Member Bob Coe
Council Member Brian Abe
Council Member John Abe

OTHERS PRESENT
City Manager, Bill Zenoni
Susan Mahoney, Finance Director
Dane Schilling, City Engineer
Kirk Rekers, Police Chief
Jennifer Buckman, City Attorney
Gavin Ralphs, City Attorney

1.2 Pledge of Allegiance to the Flag

2. PUBLIC COMMENT
At this time, the public is permitted to address the City Council on non-agendized items.

3. CONSENT CALENDAR
Motion made by Council Member B. Abe, Seconded by Council Member Coe to approve minutes from the Regular City Council meeting on September 9, 2025 and the special City Council meeting on September 9, 2025 and Resolution No.45-25 Approving the Transfer of Funds form the Claiterra Impact Fee Fund to the Sewer Collection Impact Fee Fund.

Voting Yea: Mayor Teter, Vice Mayor McIntosh, Council Member Coe, Council Member Abe,

4. REGULAR CALENDAR

4.1 Consideration and Adoption of Resolution Approving an Amended Wheatland Police Officers Association Memorandum of Understanding
Motion made by Council Member B. Abe, Seconded by Council Member Coe to adopt Resolution No. 46-25 Approving an Amended Police Officers Association Memorandum of Understanding.

4.2 Budget Status Report
Finance Director Susan Mahoney presented the staff report for the Budget Status Report.

Informational item.

5. REPORTS
City Engineer D. Schilling reported on the SYTIA meeting.

City Manager B. Zenoni reported on a workshop with discussion of development agreements and impact fees, award of the COPS grant and receiving notification of a $650,000 grant from the Yuba Water Agency for storm water management.

Mayor Teter reported on the SERVA fund raising event

6. CLOSED SESSION
The meeting adjourned to Closed Session at 6:25 p.m.

REGULAR CITY COUNCIL MEETING
Minutes
October 14, 2025, at 6:00 PM
Wheatland Community Center: 101 C Street, Wheatland, CA 95692 City Council meetings are held in-person and are no longer available via ZOOM.

1. OPENING MATTERS

1.1 Call to Order and Roll Call

PRESENT
Mayor Angela Teter
Vice Mayor Lisa McIntosh
Council Member Bob Coe
Council Member Brian Abe
Council Member John Abe

OTHERS PRESENT
City Manager, Bill Zenoni
Susan Mahoney, Finance Director
Dane Schilling, City Engineer
Kirk Rekers, Police Chief
Jennifer Buckman, City Attorney
Gavin Ralphs, City Attorney

1.2 Pledge of Allegiance to the Flag

2. PUBLIC COMMENT
At this time, the public is permitted to address the City Council on non-agendized items.

Voting Yea: Mayor Teter, Vice Mayor McIntosh, Council Member Coe, Council Member Abe,

4. REGULAR CALENDAR

4.2 Budget Status Report
Finance Director Susan Mahoney presented the staff report for the Budget Status Report.

Informational item.

5. REPORTS
City Engineer D. Schilling reported on the SYTIA meeting.

Mayor Teter reported on the SERVA fund raising event

6. CLOSED SESSION
The meeting adjourned to Closed Session at 6:25 p.m.

7. ADJOURN
There being no further business, Mayor Angela Teter adjourned the meeting at 7:45 p.m.
________________________
Angela Teter, Mayor
ATTEST:
____________________________
Lisa J. Thomason, City Clerk
Any writings or documents provided to a majority of the Wheatland City Council after distribution of the agenda packet are available for public inspection on the City’s website, www.wheatland.ca.gov This institution is an equal opportunity provider, and employer. 6 Section 3, Item # 3.1
7 Section 3, Item # 3.2
8 Section 3, Item # 3.2
City Council Meeting Staff Report
Meeting Date: October 28, 2025
Subject: Investment Report for the Quarter Ended September 30, 2025 Prepared By: Susan Mahoney, Finance Director
Recommendation: Staff recommends that the Wheatland City Council receive and file the Quarterly Investment Report for the quarter ended September 30, 2025.

Discussion: The City’s investment objectives are governed by State law and by the City’s adopted Investment Policy. The Quarterly Investment Report provides information regarding the City’s investments in accordance with the Investment Policy.

The attached report is a summary of all cash and investment activity for the quarter ended September 30, 2025. The City follows the practice of combining cash and investments for all funds. Except for the Pool Operations Fund, interest earned on combined cash and investments is allocated quarterly to the various funds based on the respective fund’s cash balance. Interest earned on the cash balance in the Pool Operations Fund is calculated solely on LAIF (State of California Local Agency Investment Fund) earnings.

Cash
Total cash for all funds decreased $266,494 in the quarter ending September 30, 2025. This decrease is mainly due to outstanding receivables for the City’s Comprehensive Drinking Water and Regional Sewer Connection projects.

Interest Earnings
Total interest earnings for the quarter were $187,075; an decrease of $16,006 over the same quarter in 2024. Most of the City’s idle cash is invested in LAIF. The LAIF interest rate for the quarter ending September 30, was 4.34%, down from 4.40% in June 2025. The average rate of return for the City’s investments in CDs and federal securities was 4.35% for the quarter.

Investment Activity
The City uses a CD Ladder investment strategy with a maximum duration of three years. During the quarter one CD matured. As interest rates continue to drop, the City will invest the majority of matured CDs in LAIF as their rates will be higher than market rates. Details are included in the accompanying report.

Fiscal Impact: This report is for information only.

Attachments: 1. Quarterly Investment Report as of September 30, 2025. 9 Section 3, Item # 3.2
City Council Meeting Staff Report
Meeting Date: October 28, 2025
Subject: Consideration and Adoption of Resolution Authorizing Yuba County to File for a Waste Tire Grant and Collect Tires County-Wide
Prepared By: Bill Zenoni, City Manager
Recommendation: Staff recommends that the Wheatland City Council consider adoption of a resolution authorizing Yuba County to file for a waste tire grant and collect tires county-wide.

Discussion: At least as far back as 2011, the City of Wheatland has participated in a cooperative grant funded program with Yuba County for the collection and recycling of used vehicle tires. The attached resolution authorizes Yuba County to submit a grant application on behalf of the City, and to continue to administer the used tire collection and recycling program for Fiscal Year 2026-27.

Fiscal Impact: None
Attachment:

Resolution
10 Section 3, Item # 3.3
RESOLUTION NO. XX-25

A RESOLUTION OF THE CITY OF WHEATLAND

FOR PARTICIPATION IN THE WASTE TIRE COLLECTION COLLABORATIVE WITH

YUBA COUNTY
WHEREAS Public Resources Code sections 40000, et seq., authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (Grants) in furtherance of the efforts of the State of California to reduce, recycle and reuse solid waste generated in the State, thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS funds are allocated and available from CalRecycle for Grants to cities and counties with regulatory authority within the city and county government to perform enforcement/compliance and surveillance activities of entities and/or individuals involved with the waste tire industry; and
WHEREAS, CalRecycle has been delegated the responsibility for the administration of the Program with the State; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish necessary procedures governing the application, awarding and management of the Grants; and
WHEREAS procedures established by the State and CalRecycle require each applicant’s governing body to certify by Resolution its approval of the submittal of a grant application to CalRecycle; and
WHEREAS, Yuba County has agreed to perform activities for the collection of waste tires on behalf of the City of Wheatland.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wheatland hereby authorizes Yuba County to submit to the California Department of Resources Recycling and Recovery a Collaborative Application for the Waste Tire Enforcement Grant for Fiscal Year 2026-27 on its behalf.

BE IT FURTHER RESOLVED that Yuba County is hereby authorized and empowered to execute all grant-related documents, including, but not limited to, applications, payment requests, agreements and amendments necessary to secure grant funds and to implement and carry out the purposes specified in the grant application.

BE IT FURTHER RESOLVED that Yuba County is hereby authorized to conduct waste tire enforcement activities within the jurisdictional boundaries of the City of Wheatland during the term of the Fiscal Year 2026-27 Local Government Waste Tire Enforcement Grant.
11 Section 3, Item # 3.3
PASSED AND ADOPTED by the City of Wheatland on 28th day of October 2025 by the following vote:

AYES:

ABSENT:

ABSTAIN:

______________________________
Angela Teter, Vice Mayor
ATTEST:
_______________________________
Lisa J. Thomason, City Clerk
12 Section 3, Item # 3.3
City Council Meeting Staff Report
Meeting Date: October 28, 2025
Subject: Consideration and Adoption of Resolution Authorizing Execution of a Grant Agreement with Yuba Water Agency for Development of a Stormwater Master Plan
Prepared By: Bill Zenoni, City Manager
Recommendation: Staff recommends that the Wheatland City Council consider adoption of a resolution authorizing the City Manager to execute a grant agreement with Yuba Water Agency for development of a Stormwater Master Plan.

Discussion: The Yuba Water Agency Board of Directors, on September 16, 2025, approved a grant to the City of Wheatland in an amount up to $650,000 for development of a city-wide Stormwater Master Plan. This project has been discussed for years but has been placed on hold due to a lack of funding.

The Stormwater Master Plan will study regional hydrology, stormwater runoff and evaluate the adequacy of existing infrastructure for conveying stormwater flows within the city limits. The Stormwater Master Plan will result in development of a list of potential projects to improve flood protection and reduce peak runoff flows. The Stormwater Master Plan will provide the basis for recommended actions on the City’s flood management policy, land use planning and new development design standards. The grant period runs from January 1, 2026 to December 31, 2027. A Request for Proposals for development of a Stormwater Master Plan will be issued during the first quarter of 2026. A firm will be selected to complete this project, with an agreement to be presented to the City Council for approval.

Fiscal Impact: The grant from Yuba Water Agency will provide up to $650,000 for preparation of a Stormwater Master Plan.

Attachments:

1. Resolution

2. Grant Agreement
13 Section 3, Item # 3.4
RESOLUTION NO. XX-25

A RESOLUTION OF THE CITY OF WHEATLAND

AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH YUBA WATER

AGENCY FOR DEVELOPMENT OF A STORMWATER MASTER PLAN
WHEREAS, it is prudent planning for municipalities to have an approved Stormwater Master Plan for land use planning and for reducing the environmental impacts from urban water runoff; and
WHEREAS, the City of Wheatland does not currently have a Stormwater Master Plan; and
WHEREAS, findings from a Stormwater Master Plan would provide the basis for recommended actions on land use planning and development design standards to improve flood protection and reduce peak runoff flows; and WHEREAS, the Yuba Water Agency Board of Directors, on September 16, 2025, authorized grant funding in an amount up to $650,000 to the City of Wheatland for development of a Stormwater Master Plan.

NOW, THEREFORE, BE IT RESOLVED AND DETERMINDED by the City Council of the City of Wheatland that:

A. The foregoing recitals are true and correct.

B. The City Council of the City of Wheatland hereby authorizes the City Manager to execute a grant agreement with Yuba Water Agency (Exhibit A) for funding development of a Stormwater Master Plan.

PASSED AND ADOPTED by the City of Wheatland on 28th day of October 2025 by the following vote:

AYES:

ABSENT:

ABSTAIN:

______________________________
Angela Teter, Vice Mayor
ATTEST:
_______________________________
Lisa J. Thomason, City Clerk
14 Section 3, Item # 3.4
Exhibit A
15 Section 3, Item # 3.4
16 Section 3, Item # 3.4
17 Section 3, Item # 3.4
18 Section 3, Item # 3.4
19 Section 3, Item # 3.4
20 Section 3, Item # 3.4
21 Section 3, Item # 3.4
22 Section 3, Item # 3.4
23 Section 3, Item # 3.4
24 Section 3, Item # 3.4
25 Section 3, Item # 3.4
26 Section 3, Item # 3.4
27 Section 3, Item # 3.4
28 Section 3, Item # 3.4
29 Section 3, Item # 3.4
30 Section 3, Item # 3.4
31 Section 3, Item # 3.4
32 Section 3, Item # 3.4
33 Section 3, Item # 3.4
34 Section 3, Item # 3.4
35 Section 3, Item # 3.4
36 Section 3, Item # 3.4
37 Section 3, Item # 3.4
38 Section 3, Item # 3.4
39 Section 3, Item # 3.4
40 Section 3, Item # 3.4

Page 1 of 2 ends

City Council Meeting Staff Report
Meeting Date: October 28, 2025
Subject: Consider adopting Resolution No. 48-25 accepting the public improvements constructed by the First Street Senior Apartments Project as complete, accepting the associated dedications of land and authorizing the filing of a Notice of Completion.

Prepared By: Dane H. Schilling – City Engineer
Recommendation:

City staff recommends the City Council adopt Resolution No. 48-25 (Attachment 1) accepting the public improvements constructed by the First Street Senior Apartments Project (“Project”) as complete, accepting the associated dedications of land and authorize the City Clerk to file a Notice of Completion with the Yuba County Recorder.

Discussion:

The Project is located on a 2.26-acre site located on the southeast corner of First Street and E Street.

Wheatland Senior Associates (Developer) submitted plans dated January 16, 2024, that were approved by the City. The Project’s buildings were completed in sixteen and the Building Department issued a Temporary Certificate of Occupancy for the project until the public street improvements could be completed. Final inspections of the public work improvements performed by the Public Works Department and the City Engineer confirmed that the public improvements are complete and in conformance with the approved plans, and conditions of approval except for the streetlights along First Street and E Street. The Developer has erected the streetlights and has yet to energize and test them.

The Developer has provided an additional improvement bond to guaranty completion of the streetlights.

Furthermore, the Developer has paid all required fees and is current on reimbursing the City for expenses.

By this action the public improvements including streetlighting, sidewalks and pedestrians ramps, minor storm drain modifications, and water infrastructure associated with the Project will be owned and maintained by the City.

Accepting the project improvements as complete and authorizing the filing of a Notice of Completion provides the mechanism for Staff to book the improvements in the City’s inventory of assets and establishes a 30-day statute of limitations in which liens, claims and stop notices may be filed against the Project’s Labor and Materials Bond. The Improvement Guarantee and Warranty Security provided by the developer will warrant the work for a period of one year after acceptance by the City (see Attachment 6).

The attached resolution includes authorizing the City Manager to accept the following offers of dedication for public purposes:
 A sixteen-foot wide easement for water purposes located within the east drive isle. (Attachment 2)
 A sixteen-foot wide easement for water purposes located within the west drive truck turn-around. (Attachment 3)
41 Section 3, Item # 3.5

Page 2 of 2 ends

 Additional 236-ft of public right-of-way dedicated along First Street for road and public utility purposes. (Attachment 4)
Fiscal Impact:

No direct fiscal impact to the City is anticipated. The streets, sewer, storm drains, streetlights and water infrastructure on First Street, E Street and the onsite water main will be owned and maintained by the City therefore the costs of ownership and maintenance will be borne by the City going forward. The City’s expenses associated with the development of the Project are reimbursed by the developer through a deposit in accordance with the terms of the encroachment permit approved on May 14, 2025.

Attachments:

1. Resolution No. 48-25

2. East Waterline Easement Certificate of Acceptance

3. West Waterline Easement Certificate of Acceptance

4. First Street Road Right-of-Way Certificate of Acceptance

5. Notice of Completion for Public Improvements for First Street Senior Apartments Project.

6. Faithful Performance Bond for Public Improvements for First Street Senior Apartments Project. 42 Section 3, Item # 3.5
Attachment 1

Page 1 of 2 ends

RESOLUTION NO. 48-25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEATLAND TO

ACCEPT THE PUBLIC IMPROVEMENTS CONSTRUCTED BY FIRST STREET SENIOR

APARTMENTS AS COMPLETE, ACCEPT THE ASSOCIATED DEDICATIONS OF LAND

AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION
WHEREAS, on May 14, 2024, the City of Wheatland issued an encroachment permit to Wheatland Senior Associates, a California Limited Partnership (Principal) to allow construction of public improvements associated with the First Street Senior Housing Project (Project) within the City’s right of way; and
WHEREAS, said public improvement include construction of sidewalks, storm drainage, water mains, streetlights and other items of work are based upon city-approved improvement plans dated January 16, 2024; and
WHEREAS, on August 29, 2025 the City granted a temporary certificate of occupancy for occupation of the Project’s buildings while the public improvements were being completed; and WHEREAS, to provide public infrastructure to serve this development, the Developer proposes to grant property in fee title road right-of-way, and grant two waterline easements to the City associated with the public improvements; and
WHEREAS, on October 6, 2025, the City of Wheatland determined the public improvements were substantially complete with the pending energization and testing of the streetlights; and
WHEREAS, at October 24, 2025, City Council meeting the City Engineer recommended to the City Council that public improvements be deemed completed and accepted by the City and subsequently file a Notice of Completion for the improvements; and NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Wheatland, State of California, that:

1. The City accepts the dedication of an eastern waterline easement and a western waterline easement within the Project, and accepts a dedication of road right-ofway along the Project frontage with First Street.

2. The public improvements referenced in the city-approved plans are hereby accepted as being complete in accordance with approved plans and specifications. Furthermore the City Manager is directed to execute and record a Notice of Completion for the public improvements associated with the Project on behalf of the City of Wheatland.

PASSED AND ADOPTED by the City Council of City of Wheatland, State of California this 28th day of October 2025, by the following vote:
43 Section 3, Item # 3.5
Attachment 1

Page 2 of 2 ends

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Angela Teeter, Mayor
ATTEST:
______________________________
Lisa Thomason, City Clerk
44 Section 3, Item # 3.5
Recording Requested by:

City of Wheatland
When Recorded Mail to:

City Engineer
City of Wheatland
111 C Street
Wheatland, CA 95692

SPACE ABOVE IS FOR RECORDERS USE

NO RECORDING FEE PER SECTION
SPACE FOR RECORDER’S USE 6103 OF

THE GOVERNMENT CODE
APN:015-350-012
CERTIFICATE OF ACCEPTANCE:

First Street Senior Apartments West Waterline Easement
(Government Code 27281)
This is to certify that the City Council of the City of Wheatland, State of California, on the 28th day of October 2025, by Resolution No 48-25, regularly passed and entered in the minutes of said Council, did hereby accept, the interest in real property conveyed by the grant of easement dated October 13, 2025, granted by AMG& Associates, LLC, a California limited liability company, to the City of Wheatland, a municipal corporation in the County of Yuba, State of California and the grantee consents to recordation thereof by its duly authorized officer.

Dated: ______________
By: _______________________________________
Bill Zenoni
Its: City Manager
Reference: Exhibit “A” West Waterline Easement Legal Description Exhibit “B” West Waterline Easement Plat Exhibit
Project: First Street Senior Apartment Project

ATTACHMENT 3
45 Section 3, Item # 3.5
ATTACHMENT 3
46 Section 3, Item # 3.5
ATTACHMENT 3
47 Section 3, Item # 3.5
ATTACHMENT 3
48 Section 3, Item # 3.5
Recording Requested by:

City of Wheatland
When Recorded Mail to:

City Engineer
City of Wheatland
111 C Street
Wheatland, CA 95692

SPACE ABOVE IS FOR RECORDERS USE

NO RECORDING FEE PER SECTION
SPACE FOR RECORDER’S USE 6103 OF

THE GOVERNMENT CODE
APN:015-350-012
CERTIFICATE OF ACCEPTANCE:

First Street Right of Way and Public Utilities Dedication (Government Code 27281)
This is to certify that the City Council of the City of Wheatland, State of California, on the 28th day of October 2025, by Resolution No 48-25, regularly passed and entered in the minutes of said Council, did hereby accept, the interest in real property conveyed by the grant of easement dated December 31, 2024, granted by AMG& Associates, LLC, a California limited liability company, to the City of Wheatland, a municipal corporation in the County of Yuba, State of California and the grantee consents to recordation thereof by its duly authorized officer.

Dated: ______________
By: _______________________________________
Bill Zenoni
Its: City Manager
Reference: Exhibit “A” First Street Legal Description
Exhibit “B” First Street Plat Exhibit
Project: First Street Senior Apartment Project

ATTACHMENT 4
49 Section 3, Item # 3.5
ATTACHMENT 4
50 Section 3, Item # 3.5
ATTACHMENT 4
51 Section 3, Item # 3.5
Recording Requested by:

City of Wheatland
When Recorded Mail to:

City Engineer
City of Wheatland
111 C Street
Wheatland, CA 95692

SPACE ABOVE IS FOR RECORDERS USE

NO RECORDING FEE PER SECTION
SPACE FOR RECORDER’S USE 6103 OF

THE GOVERNMENT CODE
APN:015-350-012
Notice of Completion
Notice is hereby given that:

1. The name and address of the owner of the real property described in paragraph 6 herein is the City of Wheatland, 111 C Street, Wheatland, CA 95692.

2. That the interest which the City of Wheatland owns the described real property is Fee Simple.

3. The construction works hereinafter described was completed on the 6th day of October 2025.

4. The work completed in general consists of improvements to First Street and E Street including improvements to the street lights, concrete sidewalks and pedestrian ramps, minor storm drain modifications, placement of water infrastructure and various other items of work.

5. That the name of the surety on the contractor’s bond for payment on said contract is Atlantic Specialty Insurance Company.

6. Said work being commonly known as: First Street Senior Apartments Project.

The Contract Documents and Specifications for said work are on file at the City of Wheatland, 111 C Street, Wheatland, California 95692, Yuba County, California.

The prime contractor for said work was:

Pacific West Builders
430 E. State Street, Suite 100
Eagle, ID 83616

7. The location of said work, 710 First Street within the legal boundary of the City of Wheatland, Yuba County, California.

By: _______________________________________
Dane H. Schilling, City of Wheatland City Engineer
52 Section 3, Item # 3.5
Verification
I am Bill Zenoni, the authorized agent of the City of Wheatland, the owner of the property described in the foregoing notice. I have read the foregoing notice and know the contents thereof, and the same of my own knowledge. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.

Dated: October 28, 2025, at Wheatland, California
____________________________________________
Signature
Bill Zenoni
Print Name
Title: City Manager
53 Section 3, Item # 3.5
54 Section 3, Item # 3.5
Caleb Roope
(208) 461-0022
55 Section 3, Item # 3.5
56 Section 3, Item # 3.5
57 Section 3, Item # 3.5
58 Section 3, Item # 3.5
59 Section 3, Item # 3.5
City Council Meeting Staff Report
Meeting Date:

October 28, 2025
Subject: Introduce and waive the first reading of the ordinance approving Amendment No. 4 to the Third Amended and Restated City of Wheatland Development Agreement Concerning the Caliterra Ranch (formerly known as Jones Ranch) Subdivision and Dale Investments, LLC.

Prepared By: Tim Raney, Community Development Director
Recommendation
Staff recommends that the Wheatland City Council conduct a public hearing on the proposed development agreement amendment, and upon close of the public hearing introduce and waive the first reading of the ordinance approving Amendment No. 4 to the Third Amended and Restated City of Wheatland Development Agreement Concerning Caliterra Ranch (formerly known as Jones Ranch) Subdivision and Dale Investments, LLC (see Attachment 1).

Background/Discussion
The Caliterra Ranch Project (formerly known as Jones Ranch) is an approximately 193-acre site currently consisting of 620 planned single-family residential lots, located on the south side of Wheatland Road, between the existing High School and Ace Hardware. Oakley Lane bisects the property, which is agricultural in appearance, characterized by grasslands and open space. The first phase of construction consisting of 145 homes has been completed by K. Hovnanian Homes.

On November 7, 2023, the City Council approved Amendment No. 3 to the Third Amended and Restated Development Agreement between the City of Wheatland and the applicant, Dale Investments, LLC.

Amendment No. 3 extended the expiration date of the Development Agreement from December 31, 2023 to December 31, 2030. Amendment No. 3 also updated language in the Development Agreement regarding the timing of the construction of the on-site park. The updated language requires that the Developer prepare and submit a park improvement plan for a 2.6-acre portion of the on-site park by December 31, 2025, and construct the 2.6-acre portion of the park by December 31, 2026.

On March 18, 2025, the City Council approved an amendment to the Caliterra Ranch Tentative Subdivision Map and adopted an Addendum to the Initial Study/Mitigated Negative Declaration (SCH#2005082035). The Tentative Subdivision Map amendment redesigned the eastern area of the project site including the roadway alignments of First Street and Wheatland Park Drive, providing the addition of 68 single-family lots, raising the total planned lots from 552 to 620.

On June 13, 2025, the City staff received a letter from the project applicant requesting an amendment to the current development agreement to reflect the changes resulting from the recent Caliterra Ranch Tentative Subdivision Map Amendment Project (see Attachment 2).

As part of the original Caliterra Ranch Project and included in the City’s 2006 General Plan Circulation Element, the extension of Main Street was planned to be constructed from its termination near State Route (SR) 65 to the eastern edge of the Caliterra Ranch Project site through the Roddan Ranch 60 Section 4, Item # 4.1
property. The 98-acre Roddan Ranch property was a planned residential subdivision located in an unincorporated area of Yuba County immediately east of the Bishop Pumpkin Farm.

The Roddan Ranch property is now owned by the Bishop’s Pumpkin Farm and is no longer proposed for residential development. The Bishop’s Pumpkin Farm has disclosed to the City that they do not have a need for the Main Street extension through their property. In addition, if the developer was to construct the Main Street extension at the 250th building permit as currently required, the City would be required to reimburse the developer using previously collected and future impact fees. However, with the future Roddan Ranch property no longer moving forward with residential development, the previous impact fees and the amount of potential future impact fees would not result in sufficient funds for the City to reimburse the developer for the road construction. Also, with the change in land uses for the Roddan Ranch property from future residential to agricultural tourism the need for the Main Street extension has diminished.

Moreover, the needed right-of-way for the Main Street extension has yet not been dedicated to the City.

Furthermore, a new traffic signal has been constructed at the SR 65 and McDevitt Drive intersection which provides a second point of ingress and egress for the Caliterra Ranch subdivision to the north rather than to the south with the Main Street extension. The City’s General Plan Circulation Map includes the southwestern portion of what is called the “Ring Road”, which would connect Oakley Road to SR 65.

The City would prefer this future roadway connection as a third point of ingress and egress for the Caliterra Ranch subdivision and surrounding areas as the southwestern area of the City develops in the future. The Main Street extension would remain in the City’s General Plan Circulation Map and any impact fees that would have been collected for this roadway will continue to be collected but the construction of the roadway will no longer be tied to the development of the Caliterra Ranch subdivision. The Main Street extension may or may not remain in the City’s General Plan Circulation Map as part of the current General Plan Update.

It should be noted that the Caliterra Ranch Development Impact Fee protections, as provided by the current development agreement, will expire in 2027. As a result, full City impact fees would then be collected for the remainder of the phases for the construction of the Caliterra Ranch subdivision.

City staff has met with the Dale Investments representatives on several occasions to discuss the framework for a fourth amendment to the Third Amended and Restated Development Agreement and has prepared the proposed ordinance and draft development agreement amendment for Planning Commission consideration.

The proposed draft development agreement amendment includes the following modifications:
 Section 3.5.1: The Water System Plan shall include the dedication of a new domestic water supply well and related improvements. The Water System Plan will be prepared by a qualified engineer that includes updated water demand and usage calculations as well as technical information and calculations in order to determine the construction timing and dedication of the well.  Section 3.7.1: The Main Street extension is removed from the development agreement in its entirety. As described above, the Main Street extension to be constructed by the 250th building permit of the Caliterra Ranch subdivision is no longer needed.  Section 3.13.4: The 1.5-acre parcel intended for the future Wheatland Fire Authority station will be dedicated to the City at a time that is agreed upon by the City and property owner. The current development agreement requires the dedication of the fire station in conjunction with the development of the surrounding properties.
 Section 5.3: Reimbursement of the Main Street extension costs is removed from the development agreement in its entirety. With the removal of the Main Street extension from the development 61 Section 4, Item # 4.1
agreement, the City will no longer be required to reimburse the developer for the cost of construction.

Planning Commission Review
On October 7, 2025, the Wheatland Planning Commission held a public hearing for the proposed project.

Staff provided a presentation, and the Planning Commission received public comments. The planning commission had questions for staff regarding the update to the Main Street extension costs. Specifically, questions were raised about whether the developer would still pay fees associated with the Main Street extension. Staff clarified that the developer would still be responsible for paying the required developer fees, per the current Development Agreement terms. Questions were also raised about the water supply well, the cost of constructing the water supply well, and the timing of its construction. After discussion, the Wheatland Planning Commission unanimously recommended City Council approval.

Conclusion
Based on the information contained in the staff report, staff recommends that the City Council introduce and waive the first reading of the ordinance approving Amendment No. 4 to the Third Amended and Restated City of Wheatland Development Agreement to the Caliterra Ranch (formerly known as Jones Ranch) Subdivision and Dale Investments, LLC.

Attachments:

1. Ordinance No. 2025-** approving the Amendment No. 4 to the Third Amended and Restated City of Wheatland Development Agreement to the Caliterra Ranch (formerly known as Jones Ranch) Subdivision and Dale Investments, LLC
Exhibit A: Draft Amendment No. 4 to the Third Amended and Restated City of Wheatland Development Agreement to the Caliterra Ranch (formerly known as Jones Ranch) Subdivision and Dale Investments, LLC

2. Request Letter dated June 13, 2025.
62 Section 4, Item # 4.1
1 ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF WHEATLAND APPROVING AMENDMENT NO. 4 TO

THIRD AMENDED AND RESTATED CITY OF WHEATLAND DEVELOPMENT AGREEMENT

CONCERNING CALITERRA (FORMERLY JONES) RANCH SUBDIVISION The City Council of the City of Wheatland does ordain as follows:

Section 1. Purpose and Authority. The purpose of this Ordinance is to approve Amendment No. 4 to Third Amended and Restated City of Wheatland Development Agreement Concerning Caliterra (Jones) Ranch Subdivision. This ordinance is adopted pursuant to Government Code sections 65864 through 65869.5 and other applicable law.

Section 2. Findings. The City Council hereby finds and declares:

A. On December 27, 2005, the City of Wheatland and Lakemont Overland Crossing, LLC (“collectively, the “Parties”) entered into the City of Wheatland Development Agreement Concerning Jones Ranch Subdivision (“Agreement”), which was recorded in the Yuba County Recorder’s Office on April 18, 2006, as Document No. 2006R-007611.

B. On June 10, 2008, the Parties entered into Amendment No. 1 to the Agreement.

Amendment No. 1 was recorded in the Yuba County Recorder’s Office on September 11, 2008, as Document No. 2008R-014197.

C. On November 9, 2010, the Parties entered into Amendment No. 2 to the Agreement.

Amendment No. 2 was recorded in the Yuba County Recorder’s Office on November 24, 2010, as Document No. 2010R-014746.

D. On November 25, 2014, the Parties entered into the Third Amended and Restated City of Wheatland Development Agreement Concerning Jones Ranch Subdivision. The Third Amended and Restated Agreement was recorded in the Yuba County Recorder’s Office on February 3, 2015, as Document No. 2015-001148.

E. On June 30, 2017, the Parties entered into Amendment No. 1 to the Third Amended and Restated City of Wheatland Development Agreement Concerning Jones Ranch Subdivision. Amendment No. 1 to the Third Amended and Restated Agreement was recorded in the Yuba County Recorder’s Office on December 14, 2017, as Document No. 2017-016375.

F. On December 8, 2020, the Parties entered into Amendment No. 2 to the Third Amended and Restated City of Wheatland Development Agreement Concerning Jones Ranch Subdivision. Amendment No. 2 to the Third Amended and Restated Agreement was recorded in the Yuba County Recorder’s Office on January 27, 2021, as Document No. 2021-001587.

G. On December 12, 2023, the Parties entered into Amendment No. 3 to the Third Amended and Restated City of Wheatland Development Agreement Concerning Jones Ranch Subdivision. Amendment No. 3 to the Third Amended and Restated Agreement was recorded in the Yuba County Recorder’s Office on January 4, 2024, as Document No. 2024-000120.
63 Section 4, Item # 4.1
2 H. For the reasons listed in the recitals of the proposed Amendment No. 4 to the Third Amended and Restated City of Wheatland Development Agreement (“Amendment No. 4”), attached hereto as Exhibit A and incorporated herein by reference, the Parties desire to further amend the Agreement.

I. On October 7, 2025, the Planning Commission conducted a duly noticed public hearing in accordance with law concerning Amendment No. 4 and recommends that the City Council approve the Amendment.

J. The City Council has conducted a duly noticed public hearing in accordance with law and now desires to approve Amendment No. 4.

K. The City Council has evaluated Amendment No. 4 and the City General Plan and has determined that Amendment No. 4 is consistent with the General Plan.

L. There have been no substantial changes to the project through the Development Agreement. Therefore, the Jones Ranch program-level Environmental Impact Report, the Jones Ranch project-level Mitigated Negative Declaration, and the Caliterra Ranch Addendum are the appropriate environmental documents for the proposed project.

M. The Amendment is consistent with the provisions of the City Council Establishing Procedures for Consideration of Development Agreements.

Section 3. Approval of Development Agreement. The City Council hereby approves Amendment No. 4. The City Manager is authorized and directed to execute Amendment No. 4 on behalf of the City of Wheatland. The City Clerk shall cause Amendment No. 4 to be recorded in the Official Records of Yuba County upon execution, but in no event prior to the effective date of this ordinance.

Section 4. Effective Date and Notice. This ordinance shall take effect thirty (30) days after its adoption. Within fifteen (15) days from the passage of this ordinance, the City Clerk shall post a copy of it in at least three public places in the City of Wheatland.

INTRODUCED by the City Council on the __
th day of _______ 2025.

PASSED AND ADOPTED by the City Council of the City of Wheatland this ___ day of _______, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________
Angela Teeter, Mayor
Attest:
____________________________
Lisa J. Thomason, City Clerk
64 Section 4, Item # 4.1
3 EXHIBIT A
AMENDMENT NO. 4 TO THIRD AMENDED AND RESTATED CITY OF WHEATLAND

DEVELOPMENT AGREEMENT CONCERNING JONES RANCH SUBDIVISION 65 Section 4, Item # 4.1
{00307263.1} -1-
Recording requested by, and when
recorded return to:

City of Wheatland
111 C Street
Wheatland, CA 95692
Exempt from recording fees (Government Code §§ 6103, 27383) AMENDMENT NO. 4 TO THIRD AMENDED AND RESTATED

CITY OF WHEATLAND DEVELOPMENT AGREEMENT

CONCERNING JONES RANCH SUBDIVISION
This Amendment No. 4 to the Third Amended and Restated Development Agreement (the “Amendment”) is made and entered into this ______________, 2025, by and between the City of Wheatland, a general law city (“City”), and Dale Investments, LLC, a California limited liability company (“Developer”) (“collectively the “Parties”), who agree as follows:

1. Recitals. This Amendment is made with reference to the following background recitals:

1.1. On November 25, 2014, the parties entered into the Third Amended and Restated City of Wheatland Development Agreement Concerning Jones Ranch Subdivision (the “Agreement”), a copy of which is on file in the City Clerk’s office. The Agreement was recorded in the Yuba County Recorder’s Office on February 3, 2015 as Document No. 2015-001148.

1.2. On June 30, 2017, the parties entered into an Amendment No. 1 to the Agreement, a copy of which is on file in the City Clerk’s office. That amendment was recorded in the Yuba County Recorder’s Office on December 14, 2017 as Document No. 2017-016375.

1.3. On December 8, 2020, the parties entered into Amendment No. 2 to the Agreement, a copy of which is on file in the City Clerk’s Office. That amendment was recorded in the Yuba County Recorder’s Office on January 27, 2021, as Document No. 2021-001587.

1.4. On December 12, 2023, the parties entered into Amendment No. 3 to the Agreement, a copy of which is on file in the City Clerk’s Office. That amendment was recorded in the Yuba County Recorder’s Office on January 4, 2024, as Document No. 2024-000120.

1.5. At Developer’s request, City and Developer have agreed to amend the Agreement’s provisions related to the Water System Plan, Fire Station Site Dedication, and Main Street and First Street extensions, as set forth below. 66 Section 4, Item # 4.1
{00307263.1} -2-

2. Amendment to Agreement. The Parties amend the Agreement as follows:

2.1. Section 3.5.1. is amended to read as follows:

3.5.1 Water System Plan. Prior to approval of any improvement plans for subdivision improvements for the Property, Developer shall prepare a Water System Plan for the on-site water facilities, to the satisfaction of the City Engineer. The Water System Plan shall identify the size and locations of the water lines, pressure reducing stations and flow monitoring stations required to serve the Property, as well as the construction timing of such improvements, and shall be accompanied by all supporting technical information and calculations required by the City Engineer. The Water System Plan shall comply with the City’s water system master plan and then current public works improvement standards. If required by the City Engineer, the Water System Plan shall also include the installation and dedication of a new domestic water supply well and related improvements.

The City Engineer’s determination on the installation and dedication of a new domestic water supply well and related improvements shall be based on the review of updated water demand and usage calculations.

2.2. Section 3.7.1. is deleted from the Agreement in its entirety.

2.3. Section 3.13.4. is amended to read as follows:

3.13.4. Developer shall dedicate the l.5 acre (+/-) parcel of land currently designated as a fire station site on the Concept Plan (and to be incorporated into the amended Tentative Map) to the City for future use as a fire station or other City use as determined by City. Except for the curb, gutter and sidewalk improvements on the perimeter of the site to be installed with the adjacent subdivision improvements, the land shall be dedicated in its unimproved condition. The site will be dedicated to the City at a time that is agreed upon by the Parties and that is no later than the time of the approval of the final subdivision map for the parcels located adjacent to the site.

2.4. Section 5.3. is deleted from the Agreement in its entirety.

3. No Effect on Other Provisions. Except for the amendment in Section 2, the remaining provisions of the Agreement shall be unaffected and remain in full force and effect.
____________________________

CITY OF WHEATLAND DEVELOPER
By: ______________________ By: _________________________ Bill Zenoni Sundeep S. Dale
Owner, Dale Investments, LLC
67 Section 4, Item # 4.1
June 13, 2025 VIA -Email
Mr. Tim Raney
Community Development Director
City of Wheatland
111 C Street
Wheatland, CA 95692
Re: Caliterra Ranch
Dear Mr. Raney,
As you are aware, we have a revised and approved tentative map for the Caliterra Ranch subdivision.

We respectfully propose to amend and restate the development agreement to incorporate these map revisions and include language from previous amendments to the agreement.

The proposed changes would be as follows:

Call the document the “Fourth Amended and Restated City of Wheatland Development Agreement Concerning…”
Section 1 – RECITALS
Include all three (3) amendments to the Third Amended and Restated DA Section 2.2 – Term
Change Term to expire and December 31, 2030 unless terminated, modified or extended by this Agreement. (this was spelled out in the last amendment to the Agreement) Section 2.7 – City Fees
Add the language in the last Amendment stating that Flat Rate Fees will expire on December 31, 2026 (Previously approved by City Council) Section 2.7.3.1 –
Update the Flat Rate Fee to the fee as of January 1, 2025. Add new Section 2.8 from Amendment No.3 stating that Developer agrees to pay then-applicable fees after January 1, 2027.

Section 3 – Developer Obligations –
Revise language to reflect the approved language from Amendment no.3 regarding park obligations and park fee credits.

Section 3.6.1 – Water System Plan –
Would like to revise the sentence where it says “If required by the City Engineer, the Waster System Plan also shall include…” to “if water demand studies deem it necessary, the Water System Plan shall include…” (the reason being that we are finding that water 68 Section 4, Item # 4.1
69 Section 4, Item # 4.1
City Council Meeting Staff Report
Meeting Date:

October 28, 2025
Subject: Introduce and Waive First Reading of Ordinance Amending Section 18.09 of the Wheatland Municipal Code Relating to On-Site Cannabis Consumption Prepared By: Gavin Ralphs, Deputy City Attorney
Recommendation
Staff recommends that the Wheatland City Council waive the first reading of and conduct a public hearing on an ordinance amending Wheatland Municipal Code Section 18.09 relating to on-site cannabis consumption.

Background/Discussion
Section 18.09 of the Wheatland Municipal Code addresses the prohibition of commercial marijuana land uses in all zoning districts within the City. The Department of Cannabis Control notified the City that the Wheatland Municipal Code does not discuss nor prohibit on-site cannabis consumption within the City limits. To avoid ambiguity and reinforce the City’s policy direction, this Ordinance expressly prohibits on-site consumption of cannabis in any commercial or public setting.

The proposed amendment to Section 18.09 of the Wheatland Municipal Code would prohibit onsite cannabis consumption within the City limits, excluding on-site consumption at private residences. The amendment clarifies that on-site consumption of cannabis whether by smoking, vaporizing, ingestion, or topical application is prohibited except within private residences in accordance with state law. The prohibition applies to all commercial cannabis businesses and public properties. Violations are subject to enforcement under existing provisions.

A redline version showing the proposed change is provided below.

18.09.090 Prohibition of commercial marijuana land uses, including medical marijuana dispensaries.

A. Commercial marijuana land uses, including, but not limited to, medical marijuana dispensaries, are prohibited in all zoning districts within the city, including, without limitation, all planned development districts, and no conditional use permit shall be issued to any dispensary.

B. Except as provided in subsection C, the on-site consumption of cannabis or cannabis products by any method, including, but not limited to, smoking, vaporizing (also colloquially known as "vaping"), ingesting, or topical application is prohibited on any property, parcel, structure, or premises within the City of Wheatland that is not a private residence. This prohibition includes, 70 Section 4, Item # 4.2
without limitation, any commercial cannabis business or location where commercial cannabis activity occurs, such as dispensaries, delivery centers, lounges, or retail storefronts, as well as any other business, club, or location to which the public is invited or permitted, whether licensed or unlicensed.

C. This section shall not prohibit the lawful use or possession of cannabis inside a private residence in accordance with state law.

D. No commercial cannabis business, facility, or land use, including but not limited to dispensaries, retailers, microbusinesses, or any other operator, may permit or allow on-site consumption of cannabis or cannabis products.

E. Violations of this section shall be enforced pursuant to Wheatland Municipal Code Chapters

1.16 and 1.18 and Section 18.88.030 and other applicable law. Notwithstanding any provision in this code to the contrary, any persons who violates this section shall not be subject to criminal liability under this code to the extent that such conduct is immune from criminal liability under the Compassionate Use Act (Health and Safety Code Section 11362.5) and the Medical Marijuana Program (Health and Safety Code Section 11362.7 et seq.), as the same exist or may hereafter be amended.

On October 7, 2025, the Wheatland Planning Commission held a public hearing related to the proposed amendment to Wheatland Municipal Code Section 18.09 and, upon closing the public hearing, adopted the attached resolution recommending that the Wheatland City Council adopt the attached ordinance amending Section 18.09.

A notice of this public hearing has been published in the local newspaper and has been posted on the City website.

CEQA Review
This Ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility the activity may have a significant effect on the environment.

Fiscal Impact:

There is no fiscal impact associated with this recommended action.

Attachment:

Exhibit A – Proposed Ordinance
Exhibit B – Planning Commission Resolution
71 Section 4, Item # 4.2
1 ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WHEATLAND AMENDING CHAPTER 18.09 (GENERAL REGULATIONS) OF THE WHEATLAND MUNICIPAL CODE TO

EXPRESSLY PROHIBIT ON-SITE CANNABIS CONSUMPTION
The City Council of the City of Wheatland does ordain as follows:

SECTION 1. Purpose and Authority.

The purpose of this ordinance is to amend Chapter 18.09 of the Wheatland Municipal Code to expressly prohibit the on-site consumption of cannabis in any form or manner. This ordinance is adopted pursuant to California Constitution Article XI, Section 7; Government Code Section 65800 et seq.; Business and Professions Code Section 26200; Chapter 18.85 of the Wheatland Municipal Code; and other applicable law.

SECTION 2. Findings.

The Wheatland City Council finds and determines as follows:

A. The City of Wheatland adopted Ordinance No. 468 to prohibit commercial cannabis use and regulate the limited personal cultivation of cannabis.

B. The City desires to protect the public health, safety, and welfare by ensuring that cannabis is not consumed on-site in any location within city limits outside of a private residence, consistent with local authority under state law.

C. This ordinance is intended to clarify that all forms of public or commercial on-site cannabis consumption, including smoking, vaping, ingestion, or topical application, are prohibited within the City of Wheatland.

SECTION 3. Ordinance.

Chapter 18.09 (General Regulations) of the Wheatland Municipal Code is hereby amended by amending Section 18.09.090 (Prohibition of commercial marijuana uses, including medical marijuana dispensaries) to read as follows:

B. Except as provided in subsection C, the on-site consumption of cannabis or cannabis products by any method, including, but not limited to, smoking, vaporizing (also colloquially known as "vaping"), ingesting, or topical application is prohibited on any property, parcel, structure, or premises within the City of Wheatland that is not a private residence. This prohibition includes, without limitation, any commercial cannabis business or location where commercial cannabis activity occurs, such as dispensaries, delivery centers, lounges, or retail storefronts, as well as any other business, club, or location to which the public is invited or permitted, whether licensed or unlicensed.

C. This section shall not prohibit the lawful use or possession of cannabis inside a private residence in accordance with state law.
72 Section 4, Item # 4.2
2 D. No commercial cannabis business, facility, or land use, including but not limited to dispensaries, retailers, microbusinesses, or any other operator, may permit or allow on-site consumption of cannabis or cannabis products.

E. Violations of this section shall be enforced pursuant to Wheatland Municipal Code Chapters

1.16 and 1.18 and Section 18.88.030 and other applicable law. Notwithstanding any provision in this code to the contrary, persons who violate this section shall not be subject to criminal liability under this code to the extent that such conduct is immune from criminal liability under the Compassionate Use Act (Health and Safety Code Section 11362.5) and the Medical Marijuana Program (Health and Safety Code Section 11362.7 et seq.), as the same exist or may hereafter be amended.

SECTION 4. Exemption from CEQA.

This ordinance will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment as compared to the existing physical environmental conditions within the City. The City Council therefore concludes that the enactment of this ordinance does not constitute the approval of a project under the California Environmental Quality Act ("CEQA"), and, even if it did qualify as a project, it would be exempt from CEQA. (Pub.

Res. Code § 21065, CEQA Guidelines §§ 15060(c)(2), 15060(c)(3); 15061(b)(3); 15064(dl)(3);15878(a).)
SECTION 4. Severability.

If any section or provision of this ordinance or the imposition of such section or provision to any person, firm, organization, corporation or circumstance is held by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of the remaining parts, which shall remain in full force and effect.

SECTION 5. Effective Date.

This ordinance shall become effective 30 days after its adoption.

SECTION 6. Posting.

Within 15 days from the date of passage of this ordinance, the City Clerk shall post a copy of it in at least three public places in the City.
* * * * * * *
I HEREBY CERTIFY that the foregoing ordinance was introduced and adopted at a regular meeting of the Wheatland City Council, held on the _____ of ________, 2025, and passed and adopted at a regular meeting thereof, held on the _____ of ________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Angela Teter, Mayor
City of Wheatland
73 Section 4, Item # 4.2
3 ATTEST:
____________________________________
Lisa Thomason, City Clerk
City of Wheatland
74 Section 4, Item # 4.2
Section 18.09 Amendment Planning Commission Resolution 1

PLANNING COMMISSION
RESOLUTION NO. 2025-**

RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF WHEATLAND RECOMMENDING THE WHEATLAND CITY COUNCIL APPROVE AN ORDINANCE AMENDING SECTION 18.09 OF THE WHEATLAND

MUNICIPAL CODE RELATED TO CANNABIS CONSUMPTION
WHEREAS, the City of Wheatland adopted Ordinance No. 486, which prohibits commercial cannabis activities and regulates limited indoor personal cultivation within the City limits; and
WHEREAS, the Department of Cannabis Control notified the City that the Wheatland Municipal Code does not discuss nor prohibit on-site cannabis consumption within the City limits; and
WHEREAS, to reinforce the City’s policy direction, the proposed amendment to Section 18.09 of the Wheatland Municipal Code prohibits on-site cannabis consumption within the City limits, excluding on-site consumption at private residences; and WHEREAS, the City of Wheatland, as lead agency, has determined the project is determined to be exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, the Wheatland Planning Commission duly gave notice of a public hearing as required by law and on October 7, 2025, duly held a public hearing, received and considered evidence, both oral and documentary.

NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, that the Wheatland Planning Commission hereby makes the following findings and recommendation to the City Council for approval of the proposed amendment to Section 18.09 of the Wheatland Municipal Code related to on-site cannabis consumption, as set forth in Exhibit A, which is attached hereto and incorporated by reference:

A. The Planning Commission has conducted a duly noticed public hearing in accordance with the law and now desires to approve the proposed ordinance amending Section 18.09 of the Wheatland Municipal Code.

B. The Planning Commission has evaluated the proposed amendment and the City’s General Plan and has determined that the proposed ordinance amending Section

18.09 of the Wheatland Municipal Code is consistent with the General Plan.

C. The Planning Commission has determined that, pursuant to the California Environmental Quality Act, and after full consideration of the administrative record, the proposed Ordinance amending Section 18.09 of the Wheatland Municipal Code is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines.

Attachment 1
75 Section 4, Item # 4.2
Section 18.09 Amendment Planning Commission Resolution 2 D. The Planning Commission finds it necessary to pass and implement the proposed amendments to Section 18.09 of the Wheatland Municipal Code which will promote and protect the public health, safety, comfort, convenience and general welfare of the residents within the city.

NOW, THEREFORE, BE IT FURTHER RESOLVED AND DETERMINED, that the Wheatland Planning Commission does hereby recommend that the Wheatland City Council APPROVE the Amendment to Section 18.09 of the Wheatland Municipal Code related to on-site cannabis consumption, as set forth in Exhibit A, which is attached hereto and incorporated by reference.
* * * * * * * *
I HEREBY CERTIFY that the foregoing recommendation was passed and adopted by the City of Wheatland Planning Commission, at a regular meeting thereof, held on the 7 th day of October 2025 by following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Planning Commission Chairperson
ATTEST:

Lisa Thomason, City Clerk
76 Section 4, Item # 4.2
City Council Meeting Staff Report
Meeting Date: October 28, 2025
Subject: Consideration and Adoption of Resolution Authorizing Execution of an Employment Agreement with Terrence Y. Hill for the Position of Public Works Director
Prepared By: Bill Zenoni, City Manager
Recommendation: Staff recommends that the Wheatland City Council consider adoption of a resolution authorizing execution of an employment agreement with Terrence Y. Hill for the position of Public Works Director.

Discussion: The Public Works Director position has been filled on an interim basis since June 2024, during which time staff has been evaluating alternatives for filling this position on a permanent basis.

Terrence (Youa) Hill has been an employee of the City of Wheatland since October 2009. Mr. Hill was hired as a Maintenance Worker in the Public Works Department and, in 2011, was promoted to Utilities Operator in Training. In 2014. Mr. Hill was promoted to Utilities System Operator and in January 2018, Mr. Hill was advanced to the position of Public Works Supervisor. In his role as Public Works Supervisor, Mr. Hill has been responsible for overseeing the daily activities of the Public Works Department and has worked closely with the several individuals who have filled the Public Works Director position on an interim basis over the past several years. Mr. Hill recently received his Grade 3 Wastewater Operator Certification and has been designated as Wheatland’s wastewater treatment plant Chief Plant Operator by the California State Water Resources Control Board.

Mr. Hill is familiar with all aspects of the operations of the Wheatland Public Works Department, has earned the trust and respect of his co-workers and is well known in the Wheatland community. Mr. Hill is well qualified to assume the role of Public Works Director.

The key provisions of the agreement include:
- Compensation of $47.56 per hour (Step1 of Public Works Director salary range) - 40 hours of annual administrative leave
- Medical, dental, vision and disability benefits as provided to General Employee Association members - Life insurance policy of $75,000
- Participation in the City’s retirement program with a 6 percent match to a required 3 percent employee contribution
Fiscal Impact: Funding for this agreement is included in the Fiscal Year 2025-26 budget.

Attachments:

1. Resolution

2. Employment Agreement
77 Section 6, Item # 6.1

WHEATLAND CITY COUNCIL
RESOLUTION NO. XX-25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEATLAND

AUTHORIZING EXECUTION OF AN EMPLOYMENT AGREEMENT WITH
TERRENCE Y. HILL FOR THE POSITION OF PUBLIC WORKS DIRECTOR WHEREAS, a vacancy exists for the position of City of Wheatland Public Works Director; and
WHEREAS, Terrence Y. Hill has been an employee of the City of Wheatland since October 2009; and
WHEREAS, Terrence Y. Hill has worked at various positions within the City of Wheatland Public Works Department; and
WHEREAS, Terrence Y. Hill has demonstrated his strong qualifications for the position of Public Works Director.

NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Wheatland that:

A. The foregoing recitals are true and correct.

B. The City Council of the City of Wheatland hereby approves the attached Employment Agreement and directs the City Manager to execute the agreement.

PASSED AND ADOPTED by the City Council of City of Wheatland on this 28th day of October 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Angela Teter, Mayor
ATTEST:
______
Lisa Thomason, City Clerk
78 Section 6, Item # 6.1
1 AGREEMENT BETWEEN THE CITY OF WHEATLAND
AND TERRENCE Y. HILL FOR PUBLIC WORKS DIRECTOR SERVICES This Agreement ("Agreement") is made and entered into this 28th day of October, 2025, by and between the City of Wheatland, a municipal corporation ("City") and Terrence Y. Hill, an individual ("Hill"), who agree as follows:

1. Employment. City hereby appoints and employs Hill as Public Works Director of the City, and Hill hereby accepts such employment, on and subject to the terms and conditions of this Agreement.

2. Term. This Agreement shall remain in effect until terminated as provided for in Section 7, Termination.

3. Duties. Hill shall perform those duties and have those responsibilities that are commonly assigned to a Public Works Director of a city in California, and as may be further set forth in the Wheatland Municipal Code. Hill also shall perform such other duties and responsibilities as assigned by the City Manager from time to time. Hill at all times shall act in the best interests of the City and perform his duties in a competent and professional manner.

4. Hours. Hill acknowledges that his position is a full-time, salaried management position that is exempt from the accrual of overtime. It is anticipated that Hill shall work an average of five days per week. However, that time may vary depending on the City’s needs. Hill shall not engage in any outside employment, consulting or business, whether for compensation or otherwise, that would interfere with his responsibilities and duties toCity.

5. Compensation.
(a) For all services to be rendered by Hill under this Agreement, City shall provide to Hill a salary as listed in the City of Wheatland Salary Schedule in the amount of $47.56 per hour, consistent with the Step 1 Public Works Director classification adopted by the City of Wheatland effective July 1, 2025. Upon the date of his annual employment review, and with the approval of the City Manager, Hill will be eligible for salary increases to the next step in the Salary Schedule until Hill reaches the top step for this position. Salary shall be paid at the times and in the same manner as other City employees are paid. (b) Hill shall be entitled to receive any cost of living or similar increase granted by City to General Employee Association member employees during the term of this Agreement. (c) Hill shall not be compensated for overtime hours worked or otherwise earn or be entitled to compensatory time off for hours worked in excess of eight hours per day or 40 hours per week and shall not otherwise be entitled to any other incentive pay. (d) Hill shall receive 40 hours of Administrative Leave annually. Administrative leave hours do not accrue and will expire if they are not used by December 31 in the year in which they were earned, and these hours have no cash value in the event any unused balance is remaining upon termination of Agreement.
79 Section 6, Item # 6.1
2 (e) Hill shall receive medical, dental, and vision benefits in the same manner as provided to General Employee Association members
(f) Hill shall be entitled to participate in the City of Wheatland MissionSquare 401(a) program with a 6% City match to a required 3% employee contribution. (g) Hill shall receive a $75 phone allowance consistent with the phone allowance granted by the City to other City employees.
(h) City shall provide Hill a group life insurance policy not to exceed $75,000 as provided to the city’s miscellaneous employees.
(i) Hill shall participate in City’s disability insurance programs in the same manner as the city’s other miscellaneous employees.
(j) Hill shall accrue sick and vacation leave at the same rate as City’s miscellaneous employees and is eligible for pay out of unused vacation leave upon termination of employment, consistent with the Personnel Rules then in effect. (k) City-related direct business expenses shall be reimbursed to Hill by the City.

Itemized documentation shall be required for any such reimbursement. Reimbursement for work boots shall be provided in the same manner as provided to other public works employees.
(l) City shall budget for travel and conference expenses and membership in professional organizations in order for Hill to attend official meetings and occasions in an amount that is reasonably adequate to continue the professional development of Hill and to reasonably pursue necessary official and other functions for City. In adopting the budget, the City has discretion to set what it deems an appropriate number for attendance at conferences and meetings and membership in professional organizations. (m) Except as provided for in this Agreement, Hill's employment shall be governed by the City Personnel Rules and Regulations Manual (City Resolution No. 42- 19), as such rules and regulations may be amended by City from time-to-time. If any term or condition of this Agreement is inconsistent or in conflict with a term or condition in the Personnel Rules and Regulations Manual, the provision in this Agreement shall govern. If any term or condition of this Agreement is inconsistent or in conflict with a federal or state law, the law shall govern.

6. Ownership of Documents. Every document, report, study, spreadsheet, worksheet, plan, specification, drawing, map, photograph, computer model, computer disk, magnetic tape, CAD data file, computer software and any other writing or thing prepared by Hill during the term of his employment (the "Work") shall be the property of City. City shall have the right to use, modify, reuse, reproduce, publish, display, broadcast and distribute the Work and prepare derivative and additional documents or works based on the Work without further compensation to or permission from Hill.
80 Section 6, Item # 6.1
3 7. Termination. The Parties intend for this Agreement to create an at-will employment relationship. This Agreement may be terminated prior to its expiration date in any one of the following ways:
(a) By mutual agreement of the parties, expressed in writing. (b) By Hill, upon giving City not less than 30 days prior written notice of his election to resign from employment and terminate this Agreement. (c) By the death of Hill.
(d) By City, for cause, upon giving to Hill written notice of immediate termination.

Upon termination of the Agreement, the City and Hill are released from any and all duties and obligations to the other, except as provided for in this Agreement.

8. Eligibility for Severance Pay. In the event the employment relationship is terminated for cause, Hill shall not be entitled to severance pay. If the employment relationship is terminated without cause, Hill will be eligible to receive severance pay in the amounts set forth below, if he executes a separation agreement as provided by the City:
(a) Upon completion of one year of service under the contract, Hill is eligible for one month of severance pay;
(b) Upon completion of two years of service under the contract, Hill is eligible for two months of severance pay; and
(c) Upon completion of three or more years of service under the contract, Hill could be eligible for three months of severance pay.

9. Entire Agreement. The parties intend this writing to be the sole, final, complete, exclusive, and integrated expression and statement of the terms of their contract concerning the subject matter addressed in the Agreement. This Agreement supersedes all prior oral or written negotiations, representations, contracts, or other documents that may be related to the subject matter 81 Section 6, Item # 6.1
4 of this Agreement, except those other documents that may be expressly referenced and incorporated in this Agreement as provided above.

10. Notices. Any notice to be given to Hill shall be sufficiently served if given to him personally or if deposited in the United States Mail, regular pre-paid mail, or with a recognized overnight delivery service such as UPS or FedEx, addressed to him at his most recent residence address as shown on the City's payroll records. Any notice to be given to City shall be addressed to the City Council and delivered or mailed to the City Clerk at City Hall.

11. Successors and Assigns. This Agreement is personal to Hill. He may not transfer or assign the Agreement or any part of it. Subject to this restriction on transfer and assignment, this Agreement shall bind, and inure to the benefit of, the successors, assigns, heirs, and legal representatives of the parties.

12. Amendments. This Agreement may be amended only by a subsequent writing approved and signed by both parties. Any amendment by City must be approved by the City Council at a noticed public meeting. Individual City Council members do not have the authority, express or implied, to amend, modify, waive, extend or in any way alter this Agreement or the terms and conditions of Hill's employment.

13. Waiver. The waiver at any time by either party of its rights with respect to a default or other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent default or matter.

15. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

16. Governing Law and Venue. Except as otherwise required by law, this Agreement shall be interpreted, governed by, and construed under the laws of the State of California. The County of Yuba will be venue for any state court jurisdiction and the Eastern District of California will be venue for any federal court litigation concerning the enforcement or construction of this Agreement.
82 Section 6, Item # 6.1
5 CITY OF WHEATLAND TERRENCE Y. HILL
_______________________________ ____________________________ Bill Zenoni, City Manager Terrence Y. Hill
Attest:
________________________________
Lisa Thomason, City Clerk
83 Section 6, Item # 6.1
City Council Meeting Staff Report
Meeting Date: October 28, 2025
Subject: Consideration and Adoption of Resolution Authorizing Execution of an Employment Agreement with Michael C. Garlock for the Position of Police Chief Prepared By: Bill Zenoni, City Manager
Recommendation: Staff recommends that the Wheatland City Council consider adoption of a resolution authorizing execution of an employment agreement with Michael C. Garlock for the position of Police Chief, subject to Mr. Garlock’s successful passing the City’s background investigation.

Discussion: The City of Wheatland has completed its recruitment process to fill the position of Police Chief. Interviews were conducted by an outside panel with follow-up interviews conducted by the City Manager and City Council subcommittee (Vice Mayor Lisa Mcintosh and Councilmember John Abe).

While there were several very qualified applicants for this position, the candidate recommended for consideration is Michael Garlock.

Mr. Garlock’s experience includes over 25 years with the City of Auburn Police Department. Mr. Garlock retired from the City of Auburn as a Police Lieutenant in 2021 and has continued to work as a Reserve Officer for the City of Auburn since his retirement. Mr. Garlock has a master’s degree in Law Enforcement, has completed numerous law enforcement training courses and maintains several California Police Officer Standards and Training (POST) certifications.

The City is currently completing the standard background investigation process for a public safety employee. It is anticipated that this process will be completed by early November. In order to fill the Police Chief position as expeditiously as possible, it is recommended that the City Council approve the agreement with Mr. Garlock, subject to his passing the City’s background investigation.

The key provisions of Mr. Garlock’s employment agreement include:
- Compensation of $65.53 per hour (Step 2 of the Police Chief salary range) - 40 hours of annual administrative leave
- $300 monthly in lieu of health benefits
- Life insurance of $75,000
- Participation in the City’s retirement program with a 7 percent match to a required 3 percent employee contribution
- Three year contract term, to October 31, 2028
Fiscal Impact: Funding for this agreement is included in the Fiscal Year 2025-26 budget.

Attachments:

1. Resolution

2. Employment Agreement
84 Section 6, Item # 6.2

WHEATLAND CITY COUNCIL
RESOLUTION NO. XX-25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEATLAND

AUTHORIZING EXECUTION OF AN EMPLOYMENT AGREEMENT WITH
MICHAEL C. GARLOCK FOR THE POSITION OF POLICE CHIEF
WHEREAS, a vacancy exists for the position of City of Wheatland Police Chief; and
WHEREAS, Michael C. Garlock has applied for this position; and WHEREAS, the City is in the process of completing a background investigation related to Michael Garlock’s provision of Police Chief services; and WHEREAS, the City Council has evaluated the circumstances pertaining to the Police Chief position vacancy and wishes to enter into an Agreement with Michael Garlock for his services as Police Chief, subject to Michael Garlock’s passing the City’s background investigation..

NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Wheatland that:

A. The foregoing recitals are true and correct.

B. The City Council of the City of Wheatland hereby approves the attached Agreement and directs the City Manager to execute the Agreement subject to Michael Garlock’s passing of the City’s background investigation.

PASSED AND ADOPTED by the City Council of City of Wheatland on this 28th day of October 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Angela Teter, Mayor
ATTEST:
______
Lisa Thomason, City Clerk
85 Section 6, Item # 6.2
1 AGREEMENT BETWEEN THE CITY OF WHEATLAND
AND MICHAEL C. GARLOCK FOR POLICE CHIEF SERVICES
This Agreement ("Agreement") is made and entered into this XXth day of XXXX, 2025, by and between the City of Wheatland, a municipal corporation ("City") and Michael C. Garlock, an individual ("Garlock"), who agree as follows:

1. Employment. City hereby appoints and employs Garlock as Police Chief of the City, and Garlock hereby accepts such employment, on and subject to the terms and conditions of this Agreement.

2. Term. This Agreement shall remain in effect for a three-year term, until October 31, 2028, unless sooner terminated as provided by the termination provision below.

3. Duties. Garlock shall perform those duties and have those responsibilities that are commonly assigned to a Chief of Police of a city in California, and as may be further set forth in the Wheatland Municipal Code. Garlock also shall perform such other duties and responsibilities as assigned by the City Manager from time to time. Garlock at all timesshall act in the best interests of the City and perform his duties in a competent and professional manner.

4. Hours. Garlock acknowledges that his position is a full-time, salaried management position that is exempt from the accrual of overtime. It is anticipated that Garlock shall work an average of five days per week. However, that time may vary depending on the City’s needs.

Garlock shall not engage in any conduct, other employment, or business, commercial or professional pursuits, whether for compensation or otherwise, that would interfere with his responsibilities and duties to City or that would reflect unfavorably upon the interests of City. Any outside employment, consulting or business conducted by Garlock during the term of this Agreement requires the prior written approval of the City Manager.

5. Compensation.
(a) For all services to be rendered by Garlock under this Agreement, City shall provide to Garlock a salary as listed in the City of Wheatland Salary Schedule in the amount of $65.53 per hour, consistent with the Step 2 Police Chief classification adopted by the City of Wheatland effective July 1, 2025. Upon the date of his annual employment review, and with the approval of the City Manager, Garlock will be eligible for salary increases from Step 2 to Step 3, and the following year from Step 3 to Step 4, as provided by the applicable salary schedule. Salary shall be paid at the times and in the same manner as other City employees are paid.
(b) Garlock shall be entitled to receive any cost of living or similar increase granted by City to General Employee Association member employees during the term of this Agreement.
(c) Garlock shall not be compensated for overtime hours worked or otherwise earn or be entitled to compensatory time off for hours worked in excess of eight hours per day or 40 hours per week and shall not otherwise be entitled to any other incentive pay. 86 Section 6, Item # 6.2
2 (d) Garlock shall receive 40 hours of Administrative Leave annually. Administrative leave hours do not accrue and will expire if they are not used by December 31 in the year in which they were earned, and these hours have no cash value in the event any unused balance is remaining upon termination of Agreement.
(e) Garlock shall receive $300 per month in lieu of health benefits. (f) Garlock shall be entitled to participate in the City of Wheatland MissionSquare 401(a) program with a 7% City match to a required 3% employee contribution. (g) Garlock shall receive a $75 phone allowance consistent with the phone allowance granted by the City to other City employees.
(h) City shall provide Garlock a group life insurance policy not to exceed $75,000 as provided to the city’s miscellaneous employees.
(i) Garlock shall participate in City’s disability insurance programs in the same manner as other public safety employees.
(j) Garlock shall accrue sick and vacation leave at the same rate as City’s miscellaneous employees and is eligible for pay out of unused vacation leave upon termination of employment, consistent with the Personnel Rules then in effect. (k) City-related direct business expenses shall be reimbursed to Garlock by the City.

Itemized documentation shall be required for any such reimbursement. Reimbursement for uniform expense shall not exceed $1,000 per year.
(l) City authorizes Garlock to take home a City vehicle equipped with emergency lights and radio. This practice is designed to help facilitate the Chief of Police's ability to respond to scenes, meetings, hospitals, multi-agency events and critical incidents as quickly as possible.

It is understood that Garlock may not use the City vehicle for personal use other than driving to and from work.
(m) City shall budget for travel and conference expenses and membership in professional organizations in order for Garlock to attend official meetings and occasions in an amount that is reasonably adequate to continue the professional development of Garlock and to reasonably pursue necessary official and other functions for City. In adopting the budget, the City has discretion to set what it deems an appropriate number for attendance at conferences and meetings and membership in professional organizations. (n) Except as provided for in this Agreement, Garlock's employment shall be governed by the City Personnel Rules and Regulations Manual (City Resolution No. 42- 19), as such rules and regulations may be amended by City from time-to-time. If any term or condition of this Agreement is inconsistent or in conflict with a term or condition in the Personnel Rules and Regulations Manual, the provision in this Agreement shall govern. If any term or condition of this Agreement is inconsistent or in conflict with a federal or state law, the law shall govern.
87 Section 6, Item # 6.2
3 6. Ownership of Documents. Every document, report, study, spreadsheet, worksheet, plan, specification, drawing, map, photograph, computer model, computer disk, magnetic tape, CAD data file, computer software and any other writing or thing prepared by Garlock during the term of his employment (the "Work") shall be the property of City. City shall have the right to use, modify, reuse, reproduce, publish, display, broadcast and distribute the Work and prepare derivative and additional documents or works based on the Work without further compensation to or permission from Garlock.

7. Termination. This Parties intend for this Agreement to create an at-will employment relationship. This Agreement may be terminated prior to its expiration date in any one of the following ways:
(a) By mutual agreement of the parties, expressed in writing. (b) By Garlock, upon giving City not less than 30 days prior written notice of his election to resign from employment and terminate this Agreement. (c) By the death of Garlock.
(d) By City, for cause, upon giving to Garlock written notice of immediate termination.

The written notice of termination shall specify: (1) the particular cause(s) and the facts and circumstances justifying the termination of the Agreement for cause, and (2) the opportunity of Garlock to meet with the City Council on the reasons for his termination. If Garlock requests a meeting, the meeting will be held at the City Council's earliest convenience in a closed session, unless Garlock requests an open session. After the meeting, the City Council may affirm, modify, or reverse its discretion to terminate for cause. For purposes of this Agreement, the following will justify termination for cause:
willful breach of duty; habitual neglect of duty; gross insubordination; conviction of a crime involving moral turpitude; conduct that makes it impossible or impracticable to perform the duties under this Agreement or that seriously impedes City operations; conduct that tends to bring discredit to City; conduct unbecoming an employee in public service; mishandling of City funds; any intentional misrepresentation or fraud in connection with the performance of his duties; theft of City property; violation of law; or a material breach of this Agreement.
(e) By City, upon action of the City Manager, without cause, upon giving Garlock 30 days prior written notice of termination. In the event that a new City Manager is appointed by the City Council, the newly appointed City Manager shall not terminate this Agreement without cause for a period of 120 days following the City Manager’s appointment as the City Manager. The purpose of this exception is to allow a newly appointed City Manager sufficient time to observe the actions and abilities of Garlock in the performance of his duties under this Agreement, any applicable job description, and applicable federal, state, and local law. After the expiration of the 120-day period, the City Manager may terminate Garlock, without cause, upon giving Garlock 30 days prior written notice of termination.

Nothing in this subsection 7(e) shall modify the intention of subsections 7(a), 7(b), 7(c), or 7(d) of this Agreement.
88 Section 6, Item # 6.2
4 Upon termination of the Agreement, the City and Garlock are released from any and all duties and obligations to the other, except as provided for in this Agreement.

8. Eligibility for Severance Pay. In the event the employment relationship is terminated for cause, Garlock shall not be entitled to severance pay. If the employment relationship is terminated without cause, Garlock will be eligible to receive severance pay in the amounts set forth below, if he executes a separation agreement as provided by the City:
(a) Upon completion of one year of service under the contract, Garlock is eligible for one month of severance pay;
(b) Upon completion of two years of service under the contract, Garlock is eligible for two months of severance pay; and
(c) Upon completion of three years of service under the contract, and if the City elects to extend the contract, Garlock could be eligible for three months of severance pay.

9. Entire Agreement. The parties intend this writing to be the sole, final, complete, exclusive, and integrated expression and statement of the terms of their contract concerning the subject matter addressed in the Agreement. This Agreement supersedes all prior oral or written negotiations, representations, contracts, or other documents that may be related to the subject matter of this Agreement, except those other documents that may be expressly referenced and incorporated in this Agreement as provided above.

10. Notices. Any notice to be given to Garlock shall be sufficiently served if given to him personally or if deposited in the United States Mail, regular pre-paid mail, or with a recognized overnight delivery service such as UPS or FedEx, addressed to him at his most recent residence address as shown on the City's payroll records. Any notice to be given to City shall be addressed to the City Council and delivered or mailed to the City Clerk at City Hall.

11. Successors and Assigns. This Agreement is personal to Garlock. He may not transfer or assign the Agreement or any part of it. Subject to this restriction on transfer and assignment, this Agreement shall bind, and inure to the benefit of, the successors, assigns, heirs, and legal representatives of the parties.

14. Construction and Interpretation. The parties agree and acknowledge that this Agreement has been arrived at through negotiation and that each party has had a full and fair opportunity to revise the terms of this Agreement. Consequently, the normal rule of construction that any ambiguities are to be resolved against the drafting party will not apply in construing or interpreting this Agreement.
89 Section 6, Item # 6.2
5 15. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

CITY OF WHEATLAND MICHAEL GARLOCK
_______________________________ ____________________________ Bill Zenoni, City Manager Michael Garlock
Attest:
________________________________
Lisa Thomason, City Clerk
90 Section 6, Item # 6.2

Wheatland City CouncilOctober 28, 2025

Wheatland City Council
October 28, 2025