Anderson City Council
January 17, 2023

CITY COUNCIL AGENDA
January 17, 2023
REGULAR SESSION - 6:00 P.M.

ANDERSON CITY HALL
1887 Howard Street

PARTICIPATION BY PUBLIC IN MEETING
Please review the Agenda to determine if the subject you wish to discuss is scheduled for Council consideration. If it is on the Agenda, you will have an opportunity when that matter comes up for discussion to briefly address the Council.

If the subject is not on tonight's Agenda, please complete an Agenda Reguest Form (on Clerk's table) and present it to the City Council Clerk. You will have the opportunity to speak on the subject under Item 5.2. However, if the item is not on the Agenda, each speaker will be limited to one three (3) minute opportunity to speak, unless the City Council makes an exception due to special circumstances.

The Brown Act prohibits the Council from taking action on any item not placed on the printed Agenda in most cases.

The Brown Act requires any non-confidential documents or writings distributed to a majority of the City Council less than 72 hours before a regular meeting will be made available to members of the public at the same time they are distributed.

City Council meetings are televised and can be seen live on Cable Public Access Channel 181 (previously Channel 11) and on tape delay the following morning at 10:00 a.m. City Council meetings may also be viewed on the City's website at www.cj.and~~on.ca.us by clicking on the TV icon on the Home Page.

In compliance with the Americans with Disabilities Act, the City of Anderson will make available to members of the public any special assistance necessary to participate in this meeting. The public should contact the City Clerk's office (378-6646) to make such a request. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law.

Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 20250.

City Council Meeting
January 17, 2023

1.0 2.0

3.0 4.0
ROLL CALL - COUNCIL:

REGULAR SESSION - 6;00 P.M.

Councilmember Hunt
Councilmember Gallier
Councilmember Baugh
Vice-Mayor Neutze
Mayor Gallagher
INVOCATION - Anderson Police Department Chaplin Mark Robertson will give the invocation.

PLEDGE OF ALLEGIANCE - Vice Mayor Stan Neutze.

STUDENT REPORTS
a. Daniel Stroup from the teen center will give an update on current activities. b. A student from Anderson High School will give an update on student activities.

4.1 PRESENTATION - City Manager Jeff Kiser will present Baron Browning a Plaque of Appreciation for his outstanding service as Mayor of the City of Anderson during 2022 and honor him for his service on City Council for the last eight years.

The City Council will recess for ten minutes for refreshments.

The City Council will reconvene.

5.2 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - This is the time to address public comments by any member of the public to the Council regarding an item not on the agenda. Each comment must be limited to 3 minutes or less and on an item within the City's subject matter jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda. Are there any public comments?

6.0 6.1

CONSENT AGENDA
CONSENT AGENDA - Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any member of the public, staff or City Council may request that an item be removed from the Consent Agenda for separate discussion. Are there any requests to remove any items from the Consent Agenda?
MINUTES - Approve the minutes of the regular meeting of January 3, 2023.

City Council Meeting
January 17, 2023

6.2 WARRANTS -Receive and file warrant 27498 to 27543 in the amount of $178,694.29; Receive and file warrant 27544 to 27607 in the amount of $484,828.36; Receive and file ACH in the amount of $51,348.92.

6.5 CITY MANAGER · Authorize the City Manager to add additional funds and extend the three-year agreement with Hope Seth for specialized professional community economic development and marketing consulting services.

END OF CONSENT CALENDAR

6.11 ITEMS (IF ANY) REMOVED FROM THE CONSENT CALENDAR - Items removed from the Consent Agenda for discussion will be treated as Regular Agenda items and any member of the public may request to address the Council on any such item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less.

REGULAR AGENDA

8.0 REGULAR AGENDA - Regular Agenda Items will be discussed individually and in order.

8.1 Any member of the public may request to address the Council on an item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less.

CITY COUNCIL

PLANNING COMMISSIONER APPOINTMENT
RECOMMENDED ACTION:

Appoint a member to the Anderson Planning Commission for a term concurrent with the term of Councilmember Gallier.

CITY MANAGER

8.3a ATTENDANCE AT INNOVATING COMMERCE SERVING COMMUNITIES (ICSC) LAS VEGAS
RECOMMENDED ACTION:

Provide direction on the attendance oflCSC Las Vegas May 21-23.

8.3b DISCUSS AND CONSIDER FUNDING THE MOSQUITO SERENADE SEASON FINALE SHOW
RECOMMENDED ACTION;
Consider budgeting additional funding for a finale show for the 41 st Mosquito Serenade Series.

City Council Meeting
January 17, 2023

8.3c AMENDMENT TO OPERATIONAL CONTRACT WITH HAVEN HUMANE SOCIETY FOR

ANIMAL CONTROL RELATED DUTIES
RECOMMENDED ACTION:

Authorize the City Manager to amend and sign a contract amendment with Haven Humane Society to conduct animal control services for the City of Anderson.

8.3d CONSIDER THE REMOVAL OF THE MANAGEMENT POSITION OF DIRECTOR OF

ENGINEERING AND DEVELOPMENT FROM THE SALARY SCHEDULE AND APPROVE

ADD A NEW MANAGEMENT POSITION TITLED DIRECTOR OF OPERATIONS AND

ADMINISTRATION TO THE SALARY SCHEDULE
RECOMMENDED ACTION:

1. Authorize the City Manager to add and fill a new position of Director of Operations and Administration.

2. Adopt a Resolution adding the Classification of Director of Operations and Administration.

3. Authorize the City Manager to remove the Classification of Director of Engineering and Development.

ASSISTANT CITY MANAGER/FINANCE DIRECTOR

8.5 SIDE LETTER TO MEMORANDUM OF UNDERSTANDING WITH THE TEAMSTERS LOCAL 137 CONTRACT
RECOMMENDED ACTION:

Adopt a Resolution approving a Side Letter to the Memorandum of Understanding (MOU) negotiated between representatives of the City of Anderson and representatives of the Teamsters Local 137.

PUBLIC WORKS

8.9 CONSIDER ADOPTION OF A RESOLUTION MAKING TEMPORARY CHANGES TO

PARKING RESTRICTIONS IN THE VICINITY OF THE SHASTA DISTRICT FAIRGROUNDS DURING THE SIERRA CASCADE LOGGING CONFERENCE, NOR-CAL BOAT. SPORT. AND

RV SHOW, SHASTA DISTRICT FAIR AND ANDERSON EXPLODES
City Council Meeting
January 17, 2023

RECOMMENDED ACTION:

Consider adoption of a resolution establishing a temporary "No Parking" zone along the south side of Briggs Street between West Center and Church Street, and along the south side of First Street between Church Street and Fairgrounds Drive, and along Fairgrounds Drive during the Sierra Cascade Logging Conference, February 4-12, 2023, Nor-Cal Boat, Sport, and RV Show February 26 - March 6, 2023, the Shasta District Fair June 19-25, 2023 and Anderson Explodes July 3, 2023 and a temporary "Loading Zone" along the east side of Fairgrounds Drive during the Shasta District Fair.

11.0 COUNCIL REPORTS/COMMENTS- City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234.)

14.0 ADJOURN - The City Council will ad.iourn to Februa,:y 7. 2023.

City of Anderson
Proclamation
HONORING BARON BROWNING FOR 8 YEARS OF SERVICE

ON THE ANDERSON CITY COUNCIL
WHEREAS, on January 1, 2015, Baron Browning was elected to serve on the Anderson City Council, elected by the citizens of the City of Anderson in 2014 and subsequently was elected to a second term in 2019 for a total of 8 years; and WHEREAS, Mayor Browning was a tireless supporter of Anderson; serving on many boards and commissions including Shasta Regional Transportation Agency (SRTA), Anderson Economic Development (ACED), Youth Options Board of Directors, serves as a youth fire prevention instructor, Airport Land Use Commission; and WHEREAS, in addition, in the community Baron served on Rotary, Anderson Explodes, Kiwanis, Nations Finest, Friends of the Redding Rodeo, Salvation Army of Redding; and WHEREAS, during this time, the City, under the leadership of Mayor Browning, led the charge in successfully regulating the resale of Butane, regulated flavored vaping making it illegal in the City of Anderson; and
WHEREAS, Mayor Browning always supported the Anderson Police Department, advocating for the department to ensure they had the staff and the tools they needed to protect our citizens; and
WHEREAS, Mayor Browning, on occasion, would have the City Manager make notes or write speeches for him that he would never follow; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anderson, on behalf of the citizens, community organizations and businesses within the City of Anderson, that Baron Browning is hereby thanked and honored for 8 years of outstanding public service on the Anderson City Council.

IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Corporate Seal of the City of
Anderson to be affixed this 17th day of January, 2023.

Mike Gallagher, Mayor of the City of Anderson
DRAFT

ANDERSON CITY COUNCIL MINUTES
Regular Meeting
January 6, 2023

REGULAR SESSION
The regular session was called to order at 6:00 p.m.

ROLL CALL
Councilmembers present: Councilmember Neutze
Councilmember Baugh
Councilmember Hunt
Vice-Mayor Gallagher
Mayor
Also present: City Manager Jeff Kiser, Assistant City Manager Liz Cottrell, City Attorney Collin Bogener, Police Chief Jon Poletski and City Clerk Christy White.

INVOCATION
Anderson Police Department Chaplin Mark Robertson gave the invocation.

PLEDGE OF ALLEGIANCE
Councilmember Melissa Hunt led the Pledge of Allegiance.

SWEARING IN OF COUNCIL MEMBERS
City Clerk Christy White administered the Oath of Office to newly elected Councilmember Dan Gallier and reelected Councilmember Mike Gallagher. Once sworn in both Councilmembers took their seats on the Dias and gave a brief comment regarding their election to City Council.

ROLL CALL OF NEWLY SEATED COUNCIL: Councilmember Stan Neutze Councilmember Mike Gallagher
Councilmember Dan Gallier
Councilmember Susie Baugh
Councilmember Melissa Hunt

SELECTION OF MAYOR AND VICE-MAYOR
Councilmember Mike Gallagher directed City Clerk Christy White to conduct the Mayor and Vice Mayor selection.

ITEMil 1/17/2023
City Council Meeting
January 17, 2023

By motion made, seconded (Hunt/Baugh), and carried by a 5-0 vote, the Council nominated and voted Mike Gallagher as Mayor and Stan Neutze as Vice Mayor for the year 2023.

Council adopted Resolution 23-01 confirming the results of the Mayor and Vice Mayor selection.
~: AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Hunt, Baugh, Gallier, Neutze and Mayor Gallagher.

None.

None.

None.
6:10 um The City Council recessed for five minutes for seating rearrangement. 6:13 pm The City Council will reconvene.

ROLL CALL - COUNCIL:

Councilmember Hunt
Councilmember Gallier
Councilmember Baugh
Vice-Mayor Neutze
Mayor Gallagher

PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Amarjit Singh congratulated Mike Gallagher and Dan Gallier on the election and wished them both luck in the future.

CONSENT AGENDA
By motion made, second (Neutze/Hunt) and carried by a 5-0 vote, Council took the following action.

Approved the minutes of the regular meeting of December 6, 2022.

Receive and file warrant 27215 to 27278 in the amount of $199,567.06; Receive and file warrant 27279 to 27340 in the amount of $149,656.45; Receive and file warrant 27341 to 27439 in the amount of $648,661.97; Receive and file warrant 27440 to 27497 in the amount of $513,021.69; Receive and file ACH in the amount of $53,120.89; Receive and file ACH in the amount of 51,139.41.

Enacted Ordinance No. 852 (Second Reading), to rezone (ZA 22-06) to facilitate the development of Briarwood Commons, a 12-unti Duplex Development as introduced on December 6, 2022 (First Reading).

Adopted Resolution 23-02 establishing regular City Council meeting dates for the year 2023.

City Council Meeting
January 17, 2023

Vote: AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Neutze, Hunt, Gallier, Baugh and Mayor Gallagher.

None.

None.

None.

REGULAR AGENDA

CITY ATTORNEY

AMEND THE PAY SCHEDULE FOR CITY MANAGER AND POLICE CHIEF DUE TO PAY

COMPACTION
City Attorney Collin Bogener gave a staff report and answered questions from Council.

By motion made, seconded (Hunt/Baugh) and carried by a 5-0 vote Council voted to adopt Resolution 23-03 amending the pay schedule for the City Manager and Police Chief.

Vote: AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Hunt, Baugh, Gallier, Neutze and Mayor Gallagher.

None.

None.

None.

CITY MANAGER

REVIEW OF MAYOR'S CITY SELECTION COMMITTEE APPOINTMENTS City Manager Jeff Kiser gave a staff report answered questions from Council and turned the process over to Mayor Gallagher to make selections for committee appointments for 2023.

The following selections were made:

Airport Land Use Commission - Councilmember Hunt
Local Agency Formation Commission - Vice Mayor Neutze
Shasta Regional Transportation Agency - Mayor Gallagher

COMMISSION / COMMITTEE APPOINTMENTS
City Manager Jeff Kiser gave a staff report and again turned the selection process over to Mayor Gallagher. The following appointments were made:

Redding Area Bus Authority - Mayor Gallagher
Shasta Mosquito Vector Control Board - Councilmember Hunt City Liaison/Voting Delegate to League of California Cities - Councilmember Hunt Anderson Community Economic Development - Councilmember Gallier By motion made, seconded (Neutze/Baugh) and carried by a 5-0 vote Council voted to approve the above appointments.

City Council Meeting
January 17, 2023

Vote: AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Neutze, Baugh, Hunt, Gallier, and Mayor Gallagher.

None.

None.

None.

PUBLIC WORKS
AWARD OF CONTRACT TO DEWBERRY ARCHITECTS. INC. FOR ARCHITECTURAL AND

ENGINEERING SERVICES FOR THE ANDERSON POLICE STATION HEADQUARTERS PROJECT.

Deputy Public Works Director Peter Wickenheiser gave a staff report and answered questions from Council.

By motion made, seconded (Neutze/Baugh) and carried by a 5-0 vote Council voted to approve a professional service agreement with Dewberry Architects, Inc. in an amount not to exceed $100,000 and authorize the City Manager to execute the agreement on behalf of the City.

Vote: AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Neutze, Baugh, Gallier, Hunt and Mayor Gallagher.

None.

None.

None.

AUTHORIZATION TO BID THE ANDERSON RIVER PARK AMPHITHEATER ROOF

REPLACEMENT AND RENOVATION
Deputy Public Works Director Peter Wickenheiser gave a staff report and answered questions from Council.

By motion made, seconded (Baugh/Hunt) and carried by a 5-0 vote Council voted to approve the Specifications, Estimate and Contract Documents for the Anderson River Park Amphitheater roof replacement and renovation and instruct staff to advertise for bids.

Vote: AYES: Councilmembers Baugh, Hunt, Gallier, Neutze and Mayor Gallagher.

NOES: None.

ABSTAIN: None.

ABSENT: None.

STAFF REPORTS
City Manager Jeff Kiser gave Council an update on things they be considering in the future.

City Council Meeting
January 17, 2023

COUNCIL REPORTS/COMMENTS
Councilmembers used this time to report on meetings and activities they participated in and to announce upcoming events.

ADJOURNMENT
6: 56p.m.: The City Council awourned to lanua,:y 17, 2023.

Mike Ga11agher, Mayor
ATTEST:

Christy White, City Clerk

AGENDA ITEM
!January 17. 2023 City Council Meeting
Approved for Submittal By:

To:

Through:

Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
From: Liz Cottrell, Finance Director /Treasurer
Date: January 17, 2023
!SUBJECT
Receive and File Weekly Warrant Registers.

I RECOMMENDATION
Receive and file warrant 27498 to 27543 in the amount of $178,694.29; Receive and file warrant 27544 to 27607 in the amount of $484,828.36; Receive and file ACH in the amount of $51,348.92.

I ATTACHMENT
Warrant Registers.

ITEM 6.2 PAGE1 1/17/2023
12/29/2022 4:37 PM A / P CHECK REGISTER

11.CKET: 00066 Regular Payn19nts- 12/30/22 DD
VENDOR SET: Ol
BANK PC Pooled Cash - AP
VENDOR NAME / I.D. DESC
011119 THERESA ALDEN
000322 AMERICAN FIDELITY ASSURANCE
000326 AMERICAN LEAK DETECTION
000506 APOA
000615 AT, T CALNET
011116 AXON ENTERPRISES , INC .
000922 SUSAN BAUGH
001288 BORGES, MAHONEY INC.
001754 CALIFORNIA VISION SERVICE
001881 CARREL'S OFFICE MACHINES
001983 CENTRAL VALLEY TOXICOLOGY
002047 CHARTER COMMUNICATIONS
002592 CRESCO EQUIPMENT RENTALS
002716 CWEA
002960 DEPARTMENT OF JUSTICE (SDU)
002973 DEPT OF JUSTICE
003423 ENERPOWER
003534 EWING
004205 GOODYEAR COMMERCIAL TIRE
004592 HAVEN HUMANE SOCIETY
004693 JEANNINE HENDRICKSON
**** CHECK LISTING****

CHECK CHECK

TYPE DATE
R 12/30/2022
R 12/30/2022
R 12/30/2022
AND. POLICE OFFICER R 12/30/2022
R 12/30/2022
R 12/30/2022
R 12/30/2022
R 12/30/2022
R 12/30/2022
R 12/30/2022
R 12/30/2022
R 12/30/2022
CO NOR-CAL RENTAL R 12/30/2022
R 12/30/2022
R 12/30/2022
CASHIERING UNIT R 12/30/2022
R 12/30/2022
R 12/30/2022
R 12/30/2022
R 12/30/2022
R 12/30/2022
PllG·II : l

CHECK CHECK
DISCOUNT AMOUNT NOft AMOUNT
027498 50.00
027499 2,776.50
027500 450.00
027501 l. , 2 60.00
027502 67.94
027503 16,724.24
027504 960.49
027505 438.42
027506 95.60
027507 146 .10
027508 2J.6 . 00
027509 617 . 98
027510 6,885.33
027511 202. 00
027512 304.06
027513 32 .00
027514 1, 79'3 . 00
027515 ,n .,&a
027516 50 . 42
0279'17 562.SO
027518 3,640.00
12/29/2022 4:37 PM A/ P CHECK REGISTER PAim: 2
ACKET: 00066 Regular Payments-12/30/22 DD
VENDOR SET: 01 **** CHECK LISTING****
BANK Pooled Cash -AP

CHECK CHECK CHECK CHECK
VENDOR NAME/ I.D. DE:SC TYPE DATE DISCOUNT AMOUNT NOi AMOUNT 0050Bl ICMA RETIREMENT TRUST 457 R 12/30/2022 027Sl9 3,130.00 005445 K, S STAFFING SOLUTIONS, INC. R 12/30/2022 0275-20 4,182.10 005889 LAUNDRY WORLD ll 12/30/2022 027521 3,208.17
006153 LOUCKS LANDSCAPE SUPPLY JI 1 2/30/2022 027522 223.08 006643 MCMASTER~CARR SUPPLY CO. R 12/30/2022 027523 47.63 007074 MUNICIPAL EMERGENCY SERVICES Depository Account R 12/30/2022 027524 2,897.09 007238 NETSOUND R 12/30/2022 027525 14,731.00
001342 NORCAL RENTALS, SALES R 12/30/2022 027526 2,562.38 007474 02 STAFFING, INC. R 12/30/2022 027527 411. 75
007493 ODP BUSINESS SOLUTIONS, LLC R 12/30/2022 027528 161.26 007612 P.0.R.A.C. LEGAL DEFENSE FUND co Five Star Bank R 12/30/2022 027529 219.60 007'16 PACE ANALYTICAL SVCS., LLC R 12/30/2022 027530 52.13 007626 PACIFIC BUILDING SYSTEMS R 12/30/2022 027531 44,167.35 008034 POSTMASTER R 12/30/2022 027532 332.00
011777 PRICE'S RIGHT CONSTRUCTION R 12/30/2022 027533 26.00 008129 PROMOTIONAL IMAGES R 12/30/2022 027534 1,167.19
009383 SHASTA CO. ARSON COMMITTEE R 12/30/2022 02753S 25.00 009477 SHASTA MOSQUITO, VECTOR R 12/30/2022 027536 196. 84 009564 SHN CONSULTING ENGINEERS INC AND GEOLOGISTS R 12/30/2022 027537 23,021.25 009988 STATE OF CALIFORNIA R 12/30/2022 027538 30.00
010187 SUNRISE EXCAVATING, INC. R 12/30/2022 027539 38,110.59 12/29/2022 4:37 PM A / P CHECK IIEGISTER
•ACKET: 00066 Regular Payinents-12/30/22 DD
VENDOR SET: 01 •••• CHECK LISTING****
BANK PC Pooled Cash -Al'
CllECK CHECK CHECK CHECK
VENDOR NAME / I. D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 010732 UPS R 12/30/2022 027540 36.00
010749 US BANK VOYAGER FLEET SYSTEMS US Bank Nat'l Assoc R 12/30/2022 027541 8 84.38 010856 VCA GATEWAY ANIMAL HOSPITAL R 12/30/2022 027542 254.74 011778 llEATHER YELIN R 12/30/2022 027543 17.50
• * T O T A L S * * NOf DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS : t6 0.00 178,694.29 178,694.29
HANDWRITTEN CHECKS ; 0 0.00 0.00 0.00
PRE• WRITE CHECKS: 0 0.00 0.00 0.00
DAAFTS: 0 0.00 0.00 0.00
VOID CHECKS: 0 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
CORRECTIONS: 0 0 . 00 o.oo 0.00
REGISTER TOTALS: ,, 0.00 178 , 694.29 178,694.29
OTAL ERRORS: 0 TOTAL WARNINGS : 0
12/29/22 ACH PERS 51,348.92
For Payroll Ending 12/23/22
1/06/2023 11:46 AH A/ P CHECK IU:GlSTER
ACKET: 00068 Regular Paymenta-01/06/23 OD
VENDOR SET: 01
BANK PC Pooled Cash -AP
VENDOR NAME / I.O. OESC
000083 ACE HARDWAIU:
000323 AMERICAN FIDELITY ASSURANCE CO
000375 ANDERSON AH PH
000404 ANDERSON FARM, YARD SUP.
000406 ANDERSON FIRE PROTECTION DIST.
000615 AT&T CALNET
001133 BIG VALLEY SANITATION
001224 STEPHEN BLUNK
001225 BLX GROUP LLC
001549 BUREAU VERITAS NORTH
001747 CALIFORNIA POLICE CHIEFS ASSOC
011713 KENNETH S. CHANDLER
002047 CHARTER COMMUNICATIONS
002167 CITY OF REDOING
002489 LIZ COTTRELL
002592 CRESCO EQUIPMENT IIENTALS
002667 CSMFO
003314 EDDIE AXNER CONSTRUCTION, INC
003590 FASTENERS INC.
011782 FUTURE CHEVROLET
004028 GAYNOR TELESYSTEMS , INC ,
**** CilBCK LISTING****

CHECK CHECK

TYPE DATE
R 1/06/2023
R 1/06/2023
a l /06/2023
R 1/06/2023
R 1/06/2023
R 1 /06/2023
R 1/06/2023
R 1/06/2023
R 1/06/2023
AMERICA INC. k 1/06/2023
R l /06/2023
R l/015/2023
R 1/06/2023
CUSTOMER SERVICE DI R 1/06/2023
R l/06/2023
CO NOR•CAL RENTAL R 1/06/2023
R 1/06/2023
R 1/06/2023
R 1/06/2023
R 1/06/2023
R 1/06/2023
1 CHECK CHECK
DISCOUNT AMOUNT NO# AMOUNT
027544 3,762.51
027545 76 .92
027546 U 4 . 00
027547 75.43
027548 28,186.48
027549 1, 466.30
027550 1,923.75
027551 75 .oo
027552 1,200 .00
027553 4 , 000.00
027554 650.00
027555 6,500.00
027556 655.50
027557 214.50
0275S8 75.00
027559 3,825.00
027560 125.00
027561 32,874.00
027562 417 .53
027563 57,936.77
027564 95.00
1/06/2023 11:46 AM A/ P CHECK REGISTER
il.CICET: 00068 Regular Payments-01/06/23 DD
VENDOR SET: 01
BANK PC Pooled Cash -AP
VENDOR NAME/ I.D. DESC
004318 PETER GRIGGS
004592 HAVEN HUMi\NE SOCIETY
011780 IKON ADVISORS, LLC
005092 IMPERIAL SUPPLIES LLC
005lf!i9 J, T CONSULTING, INC .
005401 NICHOLAS JONES
011758 PAULA JONES
005445 K & S STAFFING SOLUTIONS, INC ,
005634 JEFF KISER
011781 MARK C. MAKI
007075 MUNICIPAL MTNC. EQUIPMENT
007134 N .C.G.T. TRUST FUND
007202 NCCSU'
007379 NORTH VALLEY BUSINESS SYSTEMS
007474 02 STAFFING, INC .
007493 ODP BUSINESS SOLUTIONS, LLC
007616 PACE ANALYTICAL SVCS., LLC
007628 PACIFIC COAST POLYGRAPH,
007657 PAINT M>JlT
007854 BRYON PETERSON
007998 JON POLETSKI
•••• CHECK LISTING****

CHECK CHECK

TYPE DATE
R 1 /06/2023
R 1/06/2023
~ 1 /06/2023
R l / 06/2023
R 1/06/2023
R 1/06/2023
R 1/06/2023
R 1/06/2023
R 1/06/2023
R 1/06/2023
R 1/06/2023
R 1/06/2023
ATTN; JAMES M>JlTA, R 1/06/2023
R l/06/2023
R 1/06/2023
R 1/06/2023
R 1/06/2023
INVESTIGATIONS R 1/06/2023
R l/06/2023
R 1/06/2023
R l/06/2023
PAGi: : 2

CHECK CHECK
DISCOUNT AMOUNT NOi AMOUNT
027565 63.00
027566 8,004.17
027567 675.00
027568 U 3.20
027569 1,813.00
027570 75 , 00
027511 175.00
027572 5,136.51
027573 75.00
027574 1,420.35
027575 94.91
027!76 113,360.00
02751' 55 ,998.00
027578 303.62
02l5H 411. 75
0275H 111. 96
02'7!181 l,!44 .51
0275112 400.00
027583 21, 68
027584 u .oo
027585 75, 00
1/06/2023 11:46 AM A/ P CHECK REGISTER
ACKET: 00068 Ragular Payments-01/06/23 DD
VENDOR SET: 01
BANK PC Pooled Cash -AP
VENDOR NAME / I.D. DESC
008035 POSTMASTER
008270 NATHAN RAMIREZ
008399 REDDING PRINTING COMPANY,INC
011714 RUSSELL ROBERTS
009321 HOPE SETH
009322 MICAll SETH
009845 SONSRAY MACHINERY, LLC
010187 SUNRISE EXCAVATING, INC.
010212 SW MAINTENANCE CORP ,
010236 SWRCB FEES
010360 TEXAS LIFE INSURANCE COMPANY
010668 TYLER TECHNOLOGIES , INC .
010671 U.S. BANK
010732 UPS
010748 US BANK CORPORATE TRUST SERV.
010756 USA BLUEBOOK
010881 WSTRA RESOURCES INC.
010918 VIRTUAL PROJECT MANAGER
011121 WE& MADE LOCAL
011260 CHRISTY WHITE
011305 PETER WICKENHEISER
**** CH.ECK LISTING****

CHECK CHECK

TYPE DATE
DOWNTONN STATION R JJ06/2023
ii; J /06/2023
R 1 /06/2023
l\ l /06/2023
R 1 /06/2023
R 1 /06/2023
k 1/06/2023
1l 1/06/2023
R 1/06/2023
R 1/06/2023
R 1/06/2023
R 1/06/2023
GLOBAL CORP TRUST T R 1/06/2023
P. 1/06/2023
R 1/06/2023
HD SUPPLY l'ACILITIE R 1/06/2023
R 1/06/2023
P. 1/06/2023
R 1/06/2023
R 1/06/2023
R 1/06/2023
l'M.f; : 3
CllECK CHECK
DISCOUNT AMOUNT NO# AMOUNT
027586 232 .00
027587 75.00
027588 95.90
027589 75.00
027590 4,320.00
027591 750.00
027592 185.37
027593 3,000.00
027594 65.00
027595 11,335.62
027596 919.24
027597 9,644.55
027598 8,952.98
027599 54.10
027600 102,892.80
027601 181. 73
027602 5,063.41
027603 1,250.00
027604 500.00
027605 75.00
027606 75.00
1/06/20 23 11 : 46 AM
'ACKET : 00068 Regular Payments- 01/06/23 DD
VENDOR SET: 01

BANK PC
VENDOR NAME/ I . D.

Pooled Cash - AP
OESC
011334 WILGUS FIRE CONTROL INC
* * TOTALS * *
REGULAR CHECKS:

HANDWRITTEN CHECKS :

PRE-WRITE CHECKS:

DRAFTS:

VOID CHECKS:

NON CHECKS:

CORRECTIONS:

REGISTER TOTALS:

OTAL ERRORS: 0 TOTAL WARNINGS : 0

A/ P CHECK REGISTER
**** CHECK LISTING****

CHZCK CHECK

TYPE DATE
R 1/06/2023
NO# DISCOUNTS
64 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
64 0.00

DISCOUNT

CHECK AMT
484,828.36

0.00 0.00

0.00 0.00

0.00 0.00
484,828.36
AMOUNT
CHECK
NO#
027607

TOTAL APPLIED
484,828.36

0.00 0.00
o.oo

0.00 0.00

0.00 484,828.36
l?Al;ll: 4
CllECK
AMOUNT
783.31
OatP.

AGENDA ITEM
Qanuary 17, 2023, City Council Meeting!
Approved for Submittal By:

To Be Presented By:
•
To:

From:

Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
Date: January 17, 2023
!SUBJECT
Amend a Professional Services Agreement for Consulting Services.

I RECOMMENDATION
The City Manager recommends that the City Council:

Authorize the City Manager to add additional funds and extend the three-year agreement with Hope Seth for specialized professional community economic development and marketing consulting services.

I FISCAL IMPACT
The cost of the contract is $30,000 for the full three years. !DISCUSSION and BACKGROUND
The City of Anderson contracted with Hope Seth for consulting services to assist with creating a plan for promoting economic development in the City of Anderson which will foster a thriving business culture and create economic opportunities that improve the quality of life for the City and its residents. Staff also utilizes Ms. Seth's consulting services to further develop and organize the Anderson Business Association (ABA) by assembling the board, creating committees, recruiting community members, overseeing fundraising for initiatives and marketing; redesign the City's Website by acting as the project manager and liaison with the web development ITEM 6.5 PAGE 1 1/17/2023
company, overseeing the design and production of web, video and print media for the City, promoting City sponsored events through social media, website and traditional media; and managing the City's social media presence; by managing the creation of marketing campaigns related to business and residential recruitment, and promoting business development by creating an Anderson Business Resource Guide.

This amended agreement would extend the three•year term to February 1, 2026.

A copy of the proposed consulting agreement is attached for your review. !ATTACHMENT

1. Professional Services Agreement
ITEM 6.5 PAGE2 1/17/2023
ATTACHMENT 1

CITY OF ANDERSON

PROFESSIONAL SERVICES AGREEMENT
FOR
Economic Development, Marketing Consultant, and Event Coordination Amendment# 3
This Agreement amended this __ day of , 20_ , by and between the City of Anderson, a California municipal corporation ("City"), and Hope Seth a Sole Proprietor {"Consultant").

I. RECITALS
A. Consultant desires to perform and assume responsibility for the provision of professional Economic Development, Marketing and Event Coordination consultant services required by the City on the terms and conditions set forth in this Agreement.

B. Consultant has presented a proposal for such services to the City, dated October 2, 2017 (attached hereto and incorporated herein as Exhibit "A") and is duly licensed, qualified and experienced to perform those services
C. Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Agreement is based on such independent investigation and research.

D. City desires to engage Consultant to render such services as set forth in this Agreement.

II. AGREEMENT

1. Scope of Services.

1. I General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services and incidental and customary work necessary to fully and adequately supply the necessary professional Economic Development and Marketing consultant services ("Services"). The Services are more particularly described in Exhibit "A."

2. Schedule of Services.

2.1 Schedule of Services. The Services of Consultant are to commence upon execution of this Agreement by the City and shall be undertaken and completed in a prompt and timely manner, pursuant to the schedule outlined in the Scope of Work, more particularly described in Exhibit "A."
82755.00000\6794093. 1 l
ATTACHMENT 1

2.2 Extension of Time. Consultant may, for good cause, request extensions of time to perform the Services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Agreement.

3. Fees and Payments.

3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A." The total compensation shall not exceed Thirty Thousand ($30,000) per year without City's prior written approval.
3 .2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five ( 45) days ofreceiving such statement, review the statement and pay all approved charges thereon.

4. Changes.

4.1 The Parties may, from time to time, request changes in the scope of the Services of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation and/or changes in the schedule must be authorized in advance by the City in writing. Mutually agreed changes shall be incorporated in written amendments to the Agreement.

5. Responsibilities of Consultant.

5.1 Independent Contractor; Control and Payment of Subordinates. Consultant enters into this Agreement as an independent contractor and not as an employee of the City. Consultant shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Agreement.

5.2 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

5.3 Project Manager. The Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Agreement. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant or replaced with the written approval of the City which shall not be unreasonably withheld.
82755.00000\6794093. 12
ATTACHMENT 1

5.4 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City staff, consultants and other staff at all reasonable times. City agrees to work closely with Consultant's staff in the performance of Services and shall be available to Consultant's staff at all reasonable times.

5.5 Warranty. Consultant agrees and represents that it is qualified to properly provide the Services set forth in Exhibit "A" in a manner which is consistent with the generally accepted standards of Consultant's profession. Consultant further represents and agrees that it will perfonn said Services in a legally adequate manner in conformance with applicable federal, state and local laws and guidelines.

6. Insurance.

6.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

6.2 Types of Required Coverage. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance.

6.2. 1 Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, with minimum limits of at least $1,000,000 per occurrence. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third party action over claims; or (4) cross liability exclusion for claims or suits by one insured against another.

6.2.2 Automobile Liability: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $1,000,000 each accident.

6.2.3 Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

6.2.4 Professional Liability: Professional Liability insurance for errors and omissions with minimum limits of $1,000,000. Covered Professional Services shall specifically include all work to be performed under the Agreement.
82755.00000\6 794093. 13
ATTACHMENT 1
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

6.3 Endorsements.

6.3.1 The policy or policies of insurance required by Sections 6.2.1 Commercial General Liability and 6.2.2 Automobile Liability. Contractor's Pollution Liability shall be endorsed to provide the following:

6.3.1.1 Additional Insured: The indemnified parties shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the Agreement.

6.3.1.2 Primacy: Insurance and Non-Contributing Insurance: This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance.

6.3.1.3 Severability: In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits ofinsurance shall not be increased thereby.

6.3.1.4 Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten ( 10) days prior written notice shall be allowed for non-payment of premium.

6.3.1.5 Duties: Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties.

6.3.1.6 Applicability: That the coverage provided therein shall apply to the obligations assumed by the Consultant under the indemnity provisions of the Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.

6.3.2 The policy or policies of insurance required by Section 6.2.3 Workers' Compensation shall be endorsed, as follows:

6.3.2.1 Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.

6.3.2.2 Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of 82755.00000',6794093. 14
ATTACHMENT l
cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium.

6.3.3 The policy or policies of insurance required by Section 6.2.4 Professional Liability shall be endorsed, as follows:

6.3.3 .1 Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium.

6.4 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

6.5 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen ( 15) days prior to the expiration ofany such policy, evidence ofinsurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten ( 10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

6.6 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time if the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant's operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.

6.7 Acceptability oflnsurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:Vll and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

6.8 Insurance for Subconsultants. All subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured to the subconsultant's policies. 82755.00000\6794093. 15
ATTACHMENT 1

7. Ownership of Materials and Confidentiality.
7 .1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse or sublicense any and all copyrights, designs and other intellectual property embodied in plans, specifications, studies, drawings, estimates and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data").

Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City.

City shall not be limited in any way in its use or modification of the Documents and Data at any time, provided that any such use or modification not within the purposes intended by this Agreement shall be at City's sole risk.

7.2 Confidentiality. All Documents & Data are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

8. Accounting Records.

8.1 Maintenance and Inspection. Consultant shall maintain and make available for inspection by the City and its auditor's accurate records of all its costs, disbursements and receipts with respect to any work under this Agreement. Such inspections may be made during regular office hours at any time until one (1) year after the final payments under this Agreement are made to the Consultant.

9. Subcontracting.

9.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

10. Termination of Agreement.

10.1 Grounds for Termination. City may, by written notice to Consultant, terminate all or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for 82755.00000'.6794093. 16
ATTACHMENT 1
those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

10.2 Effect ofTermination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

10.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

11. General Provisions.

11.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

City:

Consultant:

City of Anderson
1887 Howard Street
Anderson, CA 96007
Attn: Jeff Kiser, City Manager
Hope Seth
701 Rogue River Way
Redding, CA 96003
Attn.: Hope Seth
Such notice shall be deemed made when personally delivered or when mailed, fortyeight ( 48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

11.2 Indemnification. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Consultant, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the performance of the Services or this Agreement, including without limitation the payment of all 82755.00000'.6794093. 17
ATTACHMENT 1
consequential damages and attorneys' fees and other related costs and expenses except such loss or damage which was caused by the active negligence, sole negligence, or willful misconduct of the City.

Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding.

Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers.

11.3 Prohibited Interests. Consultant covenants that neither it, nor any of its employees, agents, contractors or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Agreement, nor any other interest which would conflict in any manner or degree with the performance of the Services hereunder.

11.4 Prevailing Wages. Consultant is aware of the requirements of California Labor Code section 1720, et seg., and 1770, et seg., as well as California Code of Regulations, Title 8, section 16000, et seg., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are subject to the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws.

11.5 Equal Opportunity Employment. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation.

11.6 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

11.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and all other costs of such action.

11.8 Assignment or Transfer. Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which 82755.00000\6794093. 18
ATIACHMENT 1
will not be unreasonably withheld. Provided, however, that claims for money due or to become due Consultant from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

11.9 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

11.10 Amendment Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

11.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

11.12 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Services specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.

11.13 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Shasta County.

11.14 Time of Essence. Time is of the essence for each and every provision of this Agreement.

11.15 Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

11.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

11.17 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.

11.18 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

11.19 Countemarts. This Agreement may be signed in counterparts, each of which shall constitute an original.
82755.00000'-6794093. 19
ATTACHMENT 1

12. TERM OF AGREEMENT.

12.1 Unless otherwise tenninated as provided in this Agreement, this Agreement will continue in effect for a period of three (3) years, January 31, 2023 to February 1, 2026 and shall then tenninate unless renewed in writing by both parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

CITY OF ANDERSON
By:

Jeff Kiser
City Manager
Approved as to Form:

By:

Collin Bogener
City Attorney
82755.00000\6794093. 1 l 0
By:

Hope Seth, Sole Proprietor
Hope Seth
Consultant

CONSULT ANT PROPOSAL
The scope of work will include:

ATTACHMENT 1
EXHIBIT "A"

1. The organization of Anderson Community for Economic Development (ACED) a. Assembling the Board
b. Creation of Committees
c. Recruitment of Community Members
d. Oversee Fundraising for Initiatives/Marketing

2. Website Redesign Management
a. Act as project manager and liaison with web development company b. Provide updated content and images for site
c. Maintain user functionality and social media integration

3. Marketing/Communications
a. Manage the creation of marketing campaigns related to business and residential recruitment
b. Oversee the design and production of materials including web, video and print media for the City of Anderson
c. Manage the City's social media presence

4. Business Development
a. Creation of an Anderson business resource guide
b. Any other necessary activities as directed by City Manager

5. Event Coordination
a. Promote City of Anderson sponsored events through social media, website notices and traditional media
82 75 5.0000016 794093.1

AGENDA ITEM
January 17, 2023, City Council Meeting!
Approved for Submittal By:

To Be Presented By:

To:

Through:

Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
From:

Date:
!SUBJECT
Dan Gallier, Councilmember
January 17, 2023
Planning Commissioner Appointment

I RECOMMENDATION
Councilmember Dan Gallier recommends the City Council:

Appoint a member to the Anderson Planning Commission for a term concurrent with the term of Councilmember Gallier.

I FISCAL IMPACT
The recommended actions have no fiscal impacts.

I DISCUSSION and BACKGROUND
Anderson Municipal Code §2.48.020 and §2.48.040 set forth the terms of City Council appointment members of the Anderson Planning Commission. The Code reads, in part:
" ... Each councilman upon first entering office shall be entitled to nominate an individual to be a planning commissioner subject to appointment by majority vote of the full council. Should ITEM 8.1 PAGE1 01/17/2023
the council fail to appoint a particular nominee, the councilman making the nomination may continue making nominations until the council approves a nominee by appointment to the commission. ... The term of each commissioner shall be concurrent with the term of the councilman who nominated the commissioner for the position." Councilmember Gallagher recommends, consistent with Anderson Municipal Code §2.48.020 and §2.48.040, that the City Council appoint Penny Grant to the Anderson Planning Commission concurrent with the term of Council member Gallier.

I ATTACHMENTS
None.

ITEM 8.1 PAGE2 01/17/2023

AGENDA ITEM
banuary 17, 2023, City Council Meetin~
Approved for Submittal By:

To:

From:

Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
Date: January 17, 2023
!SUBJECT
Attendance at Innovating Commerce Serving Communities (ICSC) Las Vegas

I RECOMMENDATION
The City Manager recommends the City Council:

Provide direction on the attendance of ICSC Las Vegas May 21-23

1. Do we want to attend ICSC Las Vegas May 21-23

2. Who should attend? Traditionally this has been the City Manager and two City Council members
!FISCAL IMPACT
The fiscal impact is the cost of registration, lodging and travel.

I DISCUSSION and BACKGROUND
For years economic development has been a City Council priority. One of the tools that we have used is to attend the Innovating Commerce Serving Communities (ICSC) conventions and market the City of Anderson to prospective retailers and developers. It also allows us to educate ourselves on market trends and direction, so we can make good decisions related to development in our City. Last year we attended a small event ICSC held in ITEM 8.3a PAGE1 1/17/2023
Monterey. The event wasn't well attended by retailers or developers. In 2022, the RECON ICSC event in Las Vegas had full COVID restrictions in place and that likely prevented a percentage of the attendee's from being present and why we made the decision to not attend. Now in 2023 with COVID being behind us, the ICSC Las Vegas convention is May 21-23 and is expected to have an attendance of 40,000 and will have value to attend. ICSC is a member organization for industry advancement, ICSC promotes and elevates the marketplaces and spaces where people shop, dine, work, play and gather as foundational and vital ingredients of communities and economies. The ability to attend again in 2023 to continue our understanding of the retail marketplace would be highly beneficial.

Attendance in the past has been the City Manager, or the City Manager and two City Council members.

ITEM 8.3a PAGE2 1/17/2023

AGENDA ITEM
January 17, 2023, City Council Meetin~
Approved for Submittal By:

To Be Presented By:

To: Honorable Mayor and Members of the Anderson City Council From: Jeff Kiser, City Manager
Date: January 17, 2023
!SUBJECT
Discuss and consider funding the Mosquito Serenade season finale show

I RECOMMENDATION
The City Manager recommends that the City Council:

Consider budgeting additional funding for a finale show for the 4tst Mosquito Serenade Series.

If Council approves additional one-time funding, direct the Finance Director to amend the budget in the amount designated by Council.

I FISCAL IMPACT
Current costs for a mainstream act's are approximately $40,000 - all the way to a million for the band, travel, lights, sound, etc. Last year the Council authorized $40,000 for Pam Tillis and the show was phenomenal. This year with the high rate of inflation $50,000 is the recommended allocation.

ITEM 8.3b PAGE1 1/17/2023
I DISCUSSION and BACKGROUND
Over 41 years ago then Parks and Recreation Director, Harry Sippel. came up with an event where local folks could come to the Anderson River Park and listen to live music during late spring and into summer. This event was well received by resident's and non-residents alike, and so became an annual event in Anderson River Park. In those early years, there was a make shift stage and only grassy sitting area for the audience. Mount Shasta Spring Water and Anderson Kiwanis have provided refreshments since the beginning. Over the last 41 years, the City has made improvements to the area, such as the bandshell, tiered seating, the dance floor, new bathrooms, etc. The Mosquito Serenade event has become even more popular in the last several years bringing in thousands of spectators. Currently the series hosts 10 shows with several more food vendors and enhanced sound and lighting for the performers.

The Mosquito Serenade series is funded by sponsors from the community and from donations from the audience. The City is very grateful for the support from the community. However, for this year's series, and to celebrate 41 years of Mosquito Serenade concerts, staff is recommending additional funding to supplement the sponsorships to allow for an extraordinary finale.

ITEM 8.3b PAGE2 1/17/2023

AGENDA ITEM
January 17, 2023, City Council Meeting
Approved for Submittal By:

To:

Through:

Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
Date: January 17, 2023
!SUBJECT
Amendment to operational contract with Haven Humane Society for animal control related duties.
!RECOMMENDATION
The City Manager recommends that the City Council:

Authorize the City Manager to amend and sign a contract amendment with Haven Humane Society to conduct animal control services for the City of Anderson.

I FISCAL IMPACT
The cost for the contractual services through Haven Humane for one full time animal control officer, 8 am - 5 pm, Monday through Friday, with no on-call or weekend service, is $96,050.04 for the 2022 year, $103,289.09 for year 2023 and $108,823.25 for 2024 and 114,920.54 for 2025. The monthly fee is $8,004.17, $8,607.42, $9,068.60 and $114,920.54, respectively.

I DISCUSSION AND BACKGROUND
In November of 2016, the City entered into a contract with Haven Humane Society to supply animal control services. The contact provided one•full time animal control officer, 8 ITEM 8.3c PAGE 1 01/17/2023
am - 5 pm, Monday through Friday, with no on-call or weekend service. By contracting with Haven Humane, the police department Community Service Officers (CSO) have been freed up to manage the numerous other tasks such as court documents, processing and controlling evidence/property, assisting records with data entry, front counter customer service, subpoena service, vehicle abatement, code enforcement, traffic control, vehicle fleet management, mail, and other miscellaneous departmental needs assigned to them.

Haven has proven to be a great partner in providing animal control services to the City of Anderson.

I ATTACHMENTS

1. Agreement with red lines.

2. Amended agreement.

ITEM 8.3c PAGE2 01/17/2023

CONTRACT AMENDMENT BETWEEN THE CITY OF
ANDERSON AND HAVEN HUMANE SOCIETY, INC.

Amendment #2
THIS CONTRACT is entered into by the CITY OF ANDERSON. a municipal corporation, herein referred to as "the City" and HAVEN HUMANE SOCIETY, a charitable nonprofit corporation duly organized and existing under and by virtue of the laws of the State of California, herein referred to as "the Society."
WlTNESSETH:

WHEREAS, the City Council of the City of Anderson is empowered by the State of California to appropriate and expend money from City funds for Animal Regulation Services in the Anderson city limits, and
WHEREAS, the City desires to provide Animal Regulation Services within the incorporated areas of Anderson for the purpose of enforcing the provisions of Title 6 of the Anderson Municipal Code and applicable sections of State Code, and WHEREAS, the City has for many years contracted with the Society to serve as the City's appointed agency to provide animal sheltering services, and the City does not have sufficient personnel to perform the functions herein, and WHEREAS, the City desires to use the administrative services. physical plant. equipment, facilities, and supplies of the Society in the enforcement of animal regulations within the city limits, and the City further desires that the Society exercise the powers and duties for animal regulation services as set forth in Title 6 of Anderson Municipal Code ("Code") as amendedf rom time to time, and
WHEREAS, the Society has performed and shall continue to perform its regular functions of prevention of cruelty to animals (as contemplated by Corporations Code Section 14501, et seq.), protection of animals from suffering and fear, and promoting animal welfare by the following means, among others:
a. By education of the public on matters concerning the needs and care of animals;
b. By the investigation of alleged cases of abuse or neglect of animals and their prosecution when necessary;
c. By rehabilitation of homeless or unwanted animals through supervised and screened adoption placements;
d. By researching and recommending ordinance augmentations and changes; and c. By the promotion of sterilization spaying and neutering to reduce the overpopulation of cats and dogs.

These functions are apart from and separate from the functions the Society shall perform under this agreement except where such functions may overlap or may for convenience be joined, and
(Type here]
f Deleted:

WHEREAS, the Society represents itself as qualified and able to provide required services and desires to continue providing services, supplies, materials, and use of its plant equipment and facilities in the enforcement and performance of said powers and duties for the remuneration herein stated.

NOW, THEREFORE, the parties hereto agree as follows:

1. Anjmal Regu)atjop Seryjces. The City hereby authorizes, directs, and empowers the Society to perform all the powers and duties confirmed and imposed by local ordinance and applicable state laws as they may be amended from time to time during the term of this Agreement. The Society shall act and provide animal regulation services pursuant to the powers set forth in Title 6 of the Anderson Municipal Code. Further, the Society agrees to perform the animal regulation related work set forth in the Scope of Services attached hereto and incorporated herein as Exhibit A and Exhibit B.

2. Iu.m, The services provided pursuant to this Contract shall begin on February 1. 2023. and end January 31. 2026

3. . Both parties agree to meet prior to September 30 of each year, while this contract remains in effect, to review contract costs and scope. It is agreed that the Society or City may request changes at that time to both the scope of services and/or costs. Costs of any modifications or added services or reduction in services shall be negotiated in good faith.

Nothing in this contract shall be construed to require the Society to provide Animal Regulation Services beyond January 31, 2026. Subsequent to the initial term. as outlined, this contract may be extended for additional periods not to exceed twelve months (contract extension). Each contract extension will require a separate amendment outlining consideration and any additional terms and/or requirements that will be in effect for said contract extension. The number of contract extensions is not limited by this original contract.

4. Patrol Seryjces. The Society recognizes the importance of both responding to calls for service and proactive approaches to animal regulation problems. The Society agrees to provide one 40 hour per week staff and equipment as needed to address specific animal regulation problems within the City. This shall include directed patrol at locations identified by either the City or the Society as presenting issues relevant to animal regulation and public safety. Moreover, Society agrees that a certain amount of time each week shall be spent in patrolling the City. The Society and the City shall agree upon a reasonable amount of time and manner of patrolling. The Society recognizes the value and importance of neighborhood officer recognition and public confidence. The Society will endeavor to foster positive public relations and officer familiarity throughout the City.

5. pjspatch. Requests for animal regulation service may be received directly at the Society dispatch center Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.

6. Response Tjme. Both the City and the Society recognize the importance of a prompt response time structure within limited resources. The following schedule shall apply:

The Society, through its dispatch policies, shall establish categories of requests.for service (i.e., emergency, priority, routine) per the Scope ofServices. a. The Society shall make every effort to respond to emergency calls and arrive on scene within thirty-five (35) minutes of receipt of such calls during regular business hours.
[Type here}
I Deleted:
b. The Society shall respond to priority calls as defined by the scope of service before responding to routine calls.
c. The Society shall respond to any routine call within four hours of receipt or by scheduling an appointment with the requesting party. d. The Society and the City recognize that in the event of a natural disaster or any other significant emergency, these times may be expanded.

7. Pjck-up Service. The Society agrees to pick up and impound stray animals, to pick up and impound any other animal within the City that may be lawfully impounded upon the request of any resident acting in good faith, and to enforce all Code provisions; and state laws pertaining to impounding ofanimals by court proceedings if necessary.

8. AnlmaJ Bjtes. With respect to known animal bites, the Society agrees to investigate and, where appropriate, quarantine animals at the owner's residence, or pick up and hold in. quarantine animals involved in biting incidents. Officers shall exercise discretion as to whether the animal(s) will be properly quarantined at the owner's residence or taken into custody and quarantined in the interest of public safety.

9. Pjck-up service Hours. In addition to pick-up services incidental to routine patrol service, the Society agrees to provide the following service in response to telephone or other verbal requests:
a . To pick up any stray animal at any time during regularly scheduled operating hours pursuant to a request from a Police Officer or City Official; For purposes of this Agreement, "stray animal" is defined as (I) street animals that arc born and reproduce on the street and have never been owned, or (2) abandoned ammals no longer being fed or housed hy any person; c. Pick up stray animals of unknown ownership (that are sick or injured) during the time of regular scheduled patrol upon request of residents acting in good faith within the corporate city limits served by this Contract; and d. Pick up sick or injured animals during times of regular scheduled patrol upon the request of animal owners without transportation or any means of obtaining veterinary medical care.

10. Jovestjgatjons. The Society agrees to investigate all complaints of animal cruelty or neglect brought to the attention of the Society, as well as complaints for barking and or excessive nu isancc noise relating todogsand othcrani mals.

Contract Amendment Between the City or Anderson
And Haven Humane Society, Inc.
(Type here]
Approved __, __
{ Deleted:

11. Deceased Animals. The Society agrees to pick up and dispose of any dead animal of unknown ownership found on public streets and roadways within the corporate city limits.

Known owners shall be responsible for disposition of dead animal(s) from private property within the City. The Society will pick up and properly dispose of all dead wild animals from public streets and public or private property within the corporate citylimits.

12. Anjmal Regu!atjon Officer. The Society agrees to pay for the services of such Animal Regulation Officers as it shall appoint.

13. Cjty Shelter functjon. The Society agrees to furnish and maintain during the term of this contract, a building or enclosure to serve as the "City Shelter" which shall be suitable for the keeping and safe holding therein of all animals that are by law subject to impound. The Society will provide adequate shelter care and emergency veterinary services at the Society's shelter, on behalf of the residents of the City of Anderson.

14. Vaccjnatjon Clinics. The Society holds at least one low-cost vaccination clinic during the course of the year. The Society agrees to provide staffing, including at least one Animal Regulation Officer to assist during the clinic.

15. Anjma) Begu!atjon Governance. The City shall not impose an animal welfare commission or any other subcommittee or governing entity for the purpose of contract oversight program recommendations or conditions. The Society agrees to cooperate fully with the City including the attendance at all scheduled meetings to provide data and ensure open communication. To evaluate the animal regulation program and determine necessary modifications or additional services provided by this contract, the City and the Society shall conduct an annual evaluation of the contract on or before September 30 of each year.

16. Cjtatjons. The Society agrees to have at least one of its animal regulation officers qualified as a humane officer pursuant to Section 14502 of the California Corporations Code. The Society shall strive to have all other officers so qualified as is practical. All qualified animal regulation officers may issue citations or notices to appear in court as prescribed by state law for any violations of state or local animal regulation laws occurring within the City, including but not limited to violations of Title 6 of the Municipal Code. The City agrees to furnish the Society with a sufficient quantity of citation forms to perform this service.

17. Health Department Ouaraptjne. The Society agrees to pick up, accept, care for, and maintain in custody any animal from within corporate city limits to be held for observation by the City or County Health Department and to maintain such animal(s) in an individual kennel away from public contact or contact with other animals during the time so held or as the City or County Health Officer may direct.

Contract Between the City of Anderson
And Haven Humane Society, Inc.
(Type here]
Approved _, __

18. Collection ofFees.
a. Before delivering an impounded animal into the hands of its alleged owner, the Society will:

1. Satisfy itself as to the owner's identity and right of claim: and

2. Collect and provide a receipt for the redemption and maintenance fees as prescribed by City Ordinance and/or State Law.
b. Any animal impounded pursuant to this Agreement and found without a current license shall not be released to any person prior to purchasing a license pursuant to City Policy, City Ordinance, and/or State Law. c. The Society will keep a timely, complete, and accurate set of books showing the revenues, expenses, and related financial transactions pertinent to contracted animal regulation and shelter services. Such records and accounts will be made available at the Society's place of business for examination at all reasonable times by authorized representatives of the City. Nothing in this Agreement is intended, or shall be construed, to prevent the Society from soliciting or accepting donations from any person or organization toward defraying the costs of the Society's charitable activities.

19. Insurance.
a. Unless modified in writing by City's Risk Manager, Society shall maintain the following noted insurance during the duration of the Contract:

Coverage Required fll12t Beguired
Commercial General Liability X
Comprehensive Vehicle Liability X
Workers' Compensation and Employers' Liability X
Professional Liability Errors and Omissions X
b. Coverageshall be at least as broad as:

1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury, and property damage;
Contract Bct\\"ecn the City of Anderson
And Hawn Humane Society. Inc
Appro"ed __ . __ _

2. Insurance Services Office form number CA·OOOl (Ed. 1/87), Comprehensive Automobile Liability Insurance which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non·owned, and hired vehicles;

3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1.000,000 peroccurrence;
c, The General Liability and Automobile Liability policies are to contain or be endorsed to contain the following provisions:

1. City, its elected officials, officers, employees, agents, and volunteers are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Society; premises owned, leased or used by Society; or automobiles owned, leased, hired, or borrowed by Society. The coverage shalt contain no special limitations on the scope of protection afforded to City its elected officials, officers, employees, agents, and volunteers.

2. The insurance coverage of Society shall be primary insurance as respects City, its elected officials, officers, employees, agents, and volunteers. Any insurance or self·insurance maintained by City, its elected officials, officers, employees, agents, and volunteers shall be in excess of Society's insurance and shall not contribute with it.

3. Coverage shall state that the insurance of Society shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice has been given to City. In addition, Society agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) days' prior written notice has been given to City. e. Insurance is to be placed with insurers with a current AM Best's rating of no less than A·VII.

Contract Belween the C-11} of Ander.sou
,\nd Hawn lhunam: S0c1e1y. h1c
Appro,cd
f. Society shall designate the City of Anderson as a Certificate Holder of the insurance. Society shall furnish City with certificates of insurance and original endorsements affecting the coverage required by this clause.

Certificates and endorsements shall be furnished to 1887 Howard Street, Anderson, California 96007. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City's Risk Manager prior to the commencement of contracted services.
g. The requirements as to the types and limits of insurance coverage to be maintained by Society as required by this Contract and any approval of said insurance by City are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Society pursuant to this Contract, including without limitation provisions concerning indemnification.
h. If any damage, including death, personal injury, or property damage, occurs in connection with the performance of this Contract, Society shall immediately notify City's Risk Manager by telephone at 530-378-6646 (City Clerk's Telephone Number). No later than three (3) calendar days after the event, Society shall submit a written report to City's Risk Manager containing the following information as applicable: (1) name and address of injured or deceased person(s);
(2) names and addresses of witnesses~ (3) name and address of Society's insurance company; and ( 4) a detailed des cription of the damage and whether any City property was involved.

20. Indemnification and Hold Harmless,

1. City agrees to indemnify, defend. and hold harmless Haven and Haven's elected and appointed officers, employees, and agents from and against any and all liability and expense, including but not limited to any damages, fines, penalties, defense costs {attorney fees included), or other monetary or equitable loss that arises in any way. or is connected in any way, to the performance of this agreement, or any a ct or omission of the City its officers. employees and agents.

2. Haven agrees to indemnify, defend and hold harmless City, and City's elected and appointed officers, employees, and agents from and against any and all C'omrac1 Between the ('(1y of AO'lders(II}
,\nd lla,·en lluma11c Socie1y. hoc.

Approwd __ • __ _
liability and expense, including but not limited to any damages, fines, penalties, defense costs (attorney fees included), or other monetary and/or equitable Joss that arises in any way, or is connected in any way, to the performance of this agreement or any acts and omissions of Haven, its officers, employees and agents.

3. Upon termination of this contract, the parties shall continue to indemnify, defend and hold harmless each other for all claims and losses as heretofore provided and arising during the time this contract was in effect.

21. Copsjderatjon for Services. In consideration of the agreements and understandings to be performed by the Society, the City agrees to pay the Society a total sum as follows:

I. NINETY SIX THOUSAND FIFTY DOLLA RS AND FOUR CENTS f196,050.04) .paid in equal installments over the first year of this ,ao,~g"me.nt (months 1-12). Each _ monthly installment shall be paid on or before the £ day of each calendar month with the first payment occurring on before March sm 3; .. 2. ONE HUNDRED AND THREE THOUSAND TWO HUNDRED EIGHTY NINE PO.I.LARS AND NINE CENTS {$1 03,289.091.paid in equal installments over the second year of this agreement (months 12-24) with each payment to be made on or before the._5thday of each calendar month;

3. ONE HUNDRED AND EIGHT THOUSAND EIGHT HUNDRED TWENTY THREE DO~ AND TWENTY FIVE CENTSJllOS,823.251 .paid in equal installments over the third year of this agreement (months 25-36) with each payment to be made on or before the pth day of each calendar month.

4. ONE HUNDRED FOURTEEN THOUSAND NINE HUNDRED TWENTY
DOLLARS AND FIFTY FOUR CENTS l$114,920.54Lp aid in equal installments over the fourth year ofthisagreement (months 37-48) with each payment to be made on or before the ,,5th day of each calendar month.

If for any reason the payment is to be delayed beyond the fifth of each month, the City shall provide the Society prior notice and indicate a firm date for receipt of payment. ,

22. Subsequent Eyents. In the event that compliance with subsequent statutes, ordinances, and/or rules and regulations. including but not limited to California's state mandated minimum wage, results in changes in operating costs or in the event that increased services are required due to population growth or significant growth in the number of stray animals. the parties hereto agree to make a good faith effort to renegotiate this contract so that the compensation herein shall reflect such change.

23. ~. In addition to all other notices provided for herein, City agrees that it shall Contract Between the City of Anderson
And lla,·cn Humane Society, Inc
Appro,·ed
Deleted: SIXTYTllREE THOUSAND, EIGIIT HUNDRED
AND FOUR DOLLARS ($63,804.00) paid in equal < Deleted: agreement Deleted: s 11
Fonnaned: Font: + Headings (Cambria), Superscript
Deleted: 2017
Deleted: SIXTY SF.VEN THOUSAND, FIVE HUNDRED ~
AND EIGHTY FOUR DOLLARS ($67,584.00) paid in equal
Formatted: Font: +Headings (Cambria). 12 pt -Deleted: SEVENTYlWO THOUSAND, --- NINE HUNDRED AND SIX DOLLARS ($72,906.00) paid in equal <
Formatted: Font: + Headings (Cambria). 11 pt
Deleted: SEVENTYlWO THOUSAND, NINE HUNDRED
AND SIX DOLLARS ($72.906.00) paid in equal
- ~
Fonnaned: Font: +Headings (Cambria), 11 pt
Deleted: In addition lo lhis annual consideration, the
City agrees to make a one-time payment. as outlined in
Exhibit B. to the Society for lhe purposes of acquiring a City of Anderson branded anima I regulations vehicle
{hcrei nafte1· "Vehicle"), animal regulations officer
equipment, and animal regulations uniforms. This
payment sha II be made prior to commencement of the
animal regulations services to be provided, as outlined in this Agreement. The Vehicle will be licensed and
registered to Society during the lcrm of this Agreement and any extended duration thereof whereby pursuanl to
such Agreement Society continues to perfonn all
services for the City as set forth herein. Upon
termination or rancetlation or this Agreement. or any
extension thereof. title !o !he Vehicle shall immediately transfer back to City at the cost of S 1.00 whereby City thereafter owns the Vehicle as its sole and separate
property.,r _,
give Society written notice of any ordinances, resolutions, or any regulation changes contemplated by it relating to any matters affecting Society's performance and/or functions under the terms and conditions of this Agreement.

Written notices to the City shall be given by registered or certified mail, postage prepaid, and addressed to:

City Manager
City of Anderson
1887 Howard Street
Anderson, CA 96007
Written notices to the Society shall be given by registered or certified mail, postage prepaid, and addressed to:

Chief Executive Officer
Haven Humane Society
P.O. Box 992202
Redding. CA 96099·
2202
('ontract Betw~n the City of Anderson
,\nd llawn llu1nane Society. Inc.

Appro,·cd __ • __

24. Reports.
a. The Society shall report monthly to the City a detailed report of the services provided. This shall include the number of stray/deceased animals picked up, the number of calls responded to, the locations, the time/number of animals held by the Society, and identification of any problem areas or issues identified by the Society in providing the service required pursuant to this Contract.
b. The Society shall provide to the City Manager copies of its annual audited financial reports covering the period of this Contract. If the Society fails, to submit an annual audited financial report, then the preparer of the unaudited report shall satisfy the City's Finance Officer as to the reasonableness, accuracy, and completeness of said unaudited report.

25. Maio1eoaoce And Josnectjoo omecords.
a. The Society shall maintain and preserve all such records for a period of at least three years after termination of the contract or until an audit has been completed and accepted by the highest governmental authority involved and all questions and disputes arising from the audit have been resolved. b. Upon written notice by City, the Society shall promptly make all such records available to auditors or other representatives of the City. The Society shall also cooperate with such auditors and representatives in auditing, excerpting, reproducing, and transcribing the records.

26. como)aiots.
a. The Socie ty and the City agree that all complaints about service provided by the Society pursuant to this contract shall be directed immediately to Society's Chief Executive Officer or Chief of Operations. It shall be the responsibility of the Society to conduct such investigations as may be necessary and to take appropriate action to resolve complaints and provide follow up to the City.
b. The Society agrees that as part of the monthly report to the City, the number of written complaints received from City residents, the types of complaints, and the
Contract Bctw,-en 1he Cit) of A11dcrwn
And Ha,en Humane S0c1~I)·, I11c,
Apprm.ed
Deleted:
resolution of those complaints shall be included. All citizen complaints must be received in • writing. The Society and the City recognize the requirements of State law regarding confidentiality of personnel records and agree that ,these reports shall not violate such laws.

27. Non-AssiKOroent qayse. The Society cannot assign or delegate or otherwise transfer this Contract or the rights or duties contained herein to any individual, person, or legal entity othcrwisewithoutthewrittenconsentofthcCity.

28. Amendment. This Agreement may be modified and amended at any time during its term or any extension thereof by written mutual agreement of the parties. The City and the Society understand and agree that this Agreement may not be altered, amended, modified, or otherwise changed in any respect or any particular whatsoever, except in writing, duly executed by the authorized representatives of the City and the Society.

29. Socjety Independent Contractor. Nothing in this Agreement shall be deemed or ,construed to create or constitute a partnership or joint venture or an agency relationship between the parties hereto. Further, Society is, with respect to City, its officers. agents, and employees, an independent contractor and not an officer, agent, or employee of the City or any of its officers, agents, or employees.

30. Jermjnatjops. In the event the Society or City violates the prov1~10ns of this Agreement for any reason other than the occurrence of circumstances over which it can exercise no effective control, and such violation is not cured or remedied within sixty (60) days after notice thereof by the Sod ety or the City, in addition to any other remedies provided for in the Agreement, the Society or the City shall have the right to terminate this Agreement for cause by written notice duly served upon the Society or the City. All provisions of this contract shall be considered material.

31. Adyjce pf Counsel. The City and the Society each warrants, represents, and agrees thatJn executing this Agreement, the same is done with full knowledge of any and all rights which such party has or may have, with respect to the terms of this Agreement, and that such party has received independent legal advice from disinterested attorneys at law with respect to the matters set forth herein, and with respect to all the rights and claims arising out of or in connection with this Agreement.

32. GoyerpinK Law. This Agreement shall be interpreted, J:Onstrued~ governed, .,and enforced under, and pursuant to the laws oftheState of California.

33. Proyisiops Severable. The provisions of this Agreement are contractual, ,not mere recitals, and shall be considered severable such that if any provision or part thereof shall at any time be held under any law or ruling to be invalid, such provision or part thereof shall remain in force to the extent allowed by law, and all other provisions shall remain in full force and effect and enforceable.

Contmc1 Bch1·ce11 1he City of Andcrso,1
t\nd Ha, ~" Hu1n~1" Socicly. I Ac.

Approl'cd __ . __
r
Formatted: Indent: Left 0.11 "
Deleted:

Formatted: Justified
f Deleted:
l Deleted:.

Deleted:

Deleted:

Deleted:

Deleted:

Deleted:

J
1 34. fees apd Costs. If either the City or the Society commences any action or other proceeding to enforce or interpret this Agreement, including any action to reform, rescind, or in any manner affect the provisions of this Agreement, or in the event a dispute arises out or the duties and obligations set forth herein, the prevailing party shall be entitled to all costs incurred in connection therewith including. but not limited to, reasonable attorney's fees.

35. Time of the Essence. Time is of the essence in the performance of each and every term and condition of this Agreement.

36. Captjons. The captions and headings of this Agreement are for convenience only and shall not in any way limit or be deemed to construe or interpret the terms and provisions hereof.

37. Aythorjty. The undersigned hereby represent and warrant to each other that they have the legal capacity and authority to enter into this Agreement, and that the undersigned have the sole right and exclusive authority to execute this Agreement.

38. Eptjre Agreemept. This Agreement contains the entire agreement relative to Animal Regulation Services between the City and the Society and supersedes any and all prior oral and/or written Agreements and/or drafts of Agreements. It is expressly agreed between the City and the Society that no inference of any kind may be made or drawn, nor evidence introduced, in any subsequent proceeding to enforce any provision hereof from any prior oral or written agreements or drafts of agreements. Notwithstanding the preceding, the agreement for Animal Disposition Services dated February 13, 2013 and amended March 1, 2016 to include Dog Licensing Services, shall remain in full force and effect.

39. Bjpdjpg Agreemept. This Agreement and all of its terms and conditions shall inure to the benefit or, and be binding upon, all of the parties hereto their successors and/or assignees.

40. ~- The City has determined that this matter is not subject to the provisions of the California Environmental Quality Act.

41. Date ofAgreement. The date of this agreement is the date that the City signs.

C'ontracl Bc1wcen lhe C'il) of Anderson
And Ha\'Cn Humane Sociel). Inc. --·---
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

Dated: ____ _

CITY OF ANDERSON
A Municipal Corporation
Jeff Kiser, City Manager
ATTEST:

Christy White, City Clerk
Collin Bogener
City Attorney
Attachments
Exhibit A Scope of Service
Contract Between the City ofAndcr.;on
And Ha\ en Human~ S0t.:ict), lnr.

CONSULTANT

HAVEN HUMANE SOCIETY
Mark Storrey
Chief Executive Officer
Taxpayer ID No: (on file with Finance)
Approved __ . __
{ Formatted: lnde_n_t:_Le_ft_: _o_.0_2· _____ _ 1
[ Formatted: Indent: Left: 0.02"
l Formatted: Indent: Le~
l
___ ]
l Formatted: Indent: l::.eft::.:_o_· _______ :=i
{ Deleted: 1 1
{ Formatted: Indent Left: o•
I Formatted: Justified, Indent: Left: o.or
{ Formatted: Indent: Left: 0.01"
( Formatted: Indent: Left: 0.02"

EXHIBIT A
Scope of Service

1. The Society shall enforce the provisions of Title 6 of the Anderson Municipal Code as well as all state and federal laws that affect animal regulation within the city limits of the City of Anderson.

2. The Society shall attempt to prevent and eliminate the cruel treatment of animals.

The Society is under no obligation to conduct or in any way condone wild animal trapping. Any animal trapping activity undertaken at the discretion of the Society shall be in the best interest of the animal(s) within the law and subject to approval by the appropriate jurisdiction(s).

3. The Society shall respond to each request for service in a prompt and courteous fashion. The Society shall determine if the request for service is within the scope of this Agreement. If it is, the Society shall classify the request for service as EMERGENCY, PRIORITY, OR ROUTINE. The request for service shall be deemed an emergency request if human or animal safety is immediately threatened or already occurred. A priority request is characterized by a potential threat to human or animal safety. All other requests for service that are not classified as an emergency or priority shall be deemed to be a routine request.

The Society shall use its best efforts to respond on site to emergency requests made between the hours of 8:00 a.m. and 5:00 p.m., excluding designated holidays, within thirty-five (35) minutes.

The Society shall use its best efforts to respond to routine, non-emergency requests within four ( 4) hours during normal business hours. Routine, non-emergency requests include, but are not limited to, barking dogs, stray animals, nuisance complaints, and other violations of Title 6 of the Anderson Municipal Code that do not pose an immediate threat to human or animal safety.

4. The Society shall provide shelter services for all duly impounded animals and shall properly dispose of dead animals as required bylaw.

5. The Society shall maintain a sanitary, secure, and humane shelter for all animals duly accepted into the shelter.

6. The Society shall retain each impounded stray animal for not less than the minimum period prescribed by law. Society shall use its best efforts to contact the owner of the animal before any disposition of the animal. The disposition of ill and injured animals of unknown ownership may be made pursuant to the provisions of Section 597 (f) and/or
597.1 of J:he California Penal Code.

7. Animal shelter visiting hours shall include, at a minimum, a period of six hours each day, five days per week, one of which must be a Saturday, but need not include holidays
Deleted:

Deleted:

Observed.by the City. The Society and the City shall mutually agree on appropriate beginning and ending times.

8. Normal business hours for animal regulation services shall be Monday through Friday 8:00 a.m. to 5:00 p.m. not to include Society observed holidays.

9. The Society shall maintain a place of business that is within ten (10) miles of the City of Anderson city limits and which can be easily accessed by the public. The Society shall also establish and maintain a telephone number for the public to call and request service. A designated and separate telephone number shall be identified for City animal regulation enforcement services.

10. The Society shall maintain a set ofrecords regarding daily activities (e.g .. number of calls received, number of animals impounded, etc.). The Society and the City shall mutually agree on the content of these records.

11. The Society shall be responsible for providing all personnel and materials required to perform this Agreement including, but not limited to, patrol personnel, dispatch personnel, office personnel, vehicles, equipment, cages, uniforms, and other operating materials and supplies. The City agrees to furnish the Society with a sufficient quantity of citation forms to perform this service.

12. The City shall be responsible for scheduling and conducting Dangerous Dog Hearings in a timely manner pursuant to an administrative hearing process as prescribed by Section

6.28.035 of the Anderson Municipal Code. The Society shall provide assistance to the City in regard to facts, findings, and recommendations to be considered in said hearings. All required communications and administrative procedures necessary to the due process of dangerous dog hearings shall be undertaken by and be the sole responsibility of the City. The Society shall provide field follow.up and monitoring services related to compliance with any mandates resulting from dangerous dog hearings.

13. Upon request, the City shall provide the Society with reasonable law enforcement, code enforcement, and technical assistance as may be required to carry out its animal regulation enforcement responsibilities. Upon request of the City Manager, Society shall appear at City Council Meetings to report on matters germane to Societies performance of animal regulation activities, which shall not occur more than 2·4 times a year, and only as needed.

14. Animal regulation activities associated with extraordinary cases involving multiple animals, which often involve collectors and aberrant behavior, are not provided for in this Agreement. These cases, where the number of animals may exceed shelter capacity, minimum holding requirements, or the six (6) animals allowed for by ordinance, present extraordinary demands on the Society. These circumstances require a case·by-case working agreement between the Society and the City. When possible, the City and the Society shall mutually agree upon the amount of additional compensation that the City will pay the Society for such cases prior to any enforcement action
Deleted:

15. In order to provide animal regulation and shelter services in the most efficient and cost effective manner possible, the City and the Society agree that it is desirable to consistently share pertinent information including property-related information maintained by the City and violation information maintained by the Society. To that end, the City shall to the fullest extent allowable by law provide the Society with the information in its GIS mapping files. The Society shall to the fullest extent allowable by law provide the City with violation information in its files upon request. The City and Jhe Society shall work together to develop an efficient method to share this information electronically.

Deleted:

CONTRACT AMENDMENT BETWEEN THE CITY OF
ANDERSON AND HAVEN HUMANE SOCIETY, INC.

Amendment #2
THIS CONTRACT is entered into by the CITY OF ANDERSON, a municipal corporation, herein referred to as "the City" and HAVEN HUMANE SOCIETY, a charitable nonprofit corporation duly organized and existing under and by virtue of the laws of the State of California, herein referred to as "the Society."
WITNESS ETH:

WHEREAS, the City Council of the City of Anderson is empowered by the State of California to appropriate and expend money from City funds for Animal Regulation Services in the Anderson city limits, and
WHEREAS, the City desires to provide Animal Regulation Services within the incorporated areas of Anderson for the purpose of enforcing the provisions of Title 6 of the Anderson Municipal Code and applicable sections of State Code, and WHEREAS, the City has for many years contracted with the Society to serve as the City's appointed agency to provide animal sheltering services, and the City does not have sufficient personnel to perform the functions herein, and WHEREAS, the City desires to use the administrative services, physical plant, equipment, facilities, and supplies of the Society in the enforcement of animal regulations within the city limits, and the City further desires that the Society exercise the powers and duties for animal regulation services as set forth in Title 6 of Anderson Municipal Code ("Code") as amended from time to time, and
WHEREAS, the Society has performed and shall continue to perform its regular functions of prevention of cruelty to animals (as contemplated by Corporations Code Section 14501, et seq.), protection of animals from suffering and fear, and promoting animal welfare by the following means, among others:
a. By education of the public on matters concerning the needs and care of animals;
b. By the investigation of alleged cases of abuse or neglect of animals and their prosecution when necessary;
c. By rehabilitation of homeless or unwanted animals through supervised and screened adoption placements;
d. By researching and recommending ordinance augmentations and changes; and e. By the promotion of sterilization spaying and neutering to reduce the overpopulation of cats and dogs.

These functions are apart from and separate from the functions the Society shall perform under this agreement except where such functions may overlap or may for convenience be joined, and
WHEREAS, the Society represents itself as qualified and able to provide required services and desires to continue providing services, supplies, materials, and use of its plant equipment and facilities in the enforcement and performance of said powers and duties for the remuneration herein stated.

NOW, THEREFORE, the parties hereto agree as follows:

1. Animal Reeulation Services. The City hereby authorizes, directs, and empowers the Society to perform all the powers and duties confirmed and imposed by local ordinance and applicable state laws as they may be amended from time to time during the term of this Agreement. The Society shall act and provide animal regulation services pursuant to the powers set forth in Title 6 of the Anderson Municipal Code. Further, the Society agrees to perform the animal regulation related work set forth in the Scope of Services attached hereto and incorporated herein as Exhibit A and Exhibit 8.

2. IuJn. The services provided pursuant to this Contract shall begin on February 1, 2023, and end January 31, 2026

3. . Both parties agree to meet prior to September 30 of each year, while this contract remains in effect, to review contract costs and scope. It is agreed that the Society or City may request changes at that time to both the scope of services and/or costs. Costs of any modifications or added services or reduction in services shall be negotiated in good faith.

Nothing in this contract shall be construed to require the Society to provide Animal Regulation Services beyond January 31, 2026. Subsequent to the initial term, as outlined, this contract may be extended for additional periods not to exceed twelve months ( contract extension). Each contract extension will require a separate amendment outlining consideration and any additional terms and/or requirements that will be in effect for said contract extension. The number of contract extensions is not limited by this original contract.

4. Patrol Seryices. The Society recognizes the importance of both responding to calls for service and proactive approaches to animal regulation problems. The Society agrees to provide one 40 hour per week staff and equipment as needed to address specific animal regulation problems within the City. This shall include directed patrol at locations identified by either the City or the Society as presenting issues relevant to animal regulation and public safety. Moreover, Society agrees that a certain amount of time each week shall be spent in patrolling the City. The Society and the City shall agree upon a reasonable amount of time and manner of patrolling. The Society recognizes the value and importance of neighborhood officer recognition and public confidence. The Society will endeavor to foster positive public relations and officer familiarity throughout the City.

5. Dispatch. Requests for animal regulation service may be received directly at the Society dispatch center Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.

6. Response Time. Both the City and the Society recognize the importance of a prompt response time structure within limited resources. The following schedule shall apply:

The Society, through its dispatch policies, shall establish categories of requests for service (i.e., emergency, priority, routine) per the Scope of Services. a. The Society shall make every effort to respond to emergency calls and arrive on scene within thirty-five (35) minutes of receipt of such calls during regular business hours.
b. The Society shall respond to priority calls as defined by the scope of service before responding to routine calls.
c. The Society shall respond to any routine call within four hours of receipt or by scheduling an appointment with the requesting party. d. The Society and the City recognize that in the event of a natural disaster or any other significant emergency, these times may be expanded.

7. Pick-up Service. The Society agrees to pick up and impound stray animals, to pick up and impound any other animal within the City that may be lawfully impounded upon the request of any resident acting in good faith, and to enforce all Code provisions and state laws pertaining to impounding ofanimals by court proceedings if necessary.

8. Apimal Bites. With respect to known animal bites, the Society agrees to investigate and, where appropriate, quarantine animals at the owner's residence, or pick up and hold in quarantine animals involved in biting incidents. Officers shall exercise discretion as to whether the animal(s) will be properly quarantined at the owner's residence or taken into custody and quarantined in the interest of public safety.

9. Pick-up Service Hours. In addition to pick-up services incidental to routine patrol service, the Society agrees to provide the following service in response to telephone or other verbal requests:
a. To pick up any stray animal at any time during regularly scheduled operating hours pursuant to a request from a Police Officer or City Official; For purposes of this Agreement, "stray animal" is defined as (1) street animals that are born and reproduce on the street and have never been owned, or (2) abandoned animals no longer being fed or housed by any person; c. Pick up stray animals of unknown ownership (that are sick or injured) during the time of regular scheduled patrol upon request of residents acting in good faith within the corporate city limits served by this Contract; and d. Pick up sick or injured animals during times of regular scheduled patrol upon the request of animal owners without transportation or any means of obtaining veterinary medical care.

10. lpyestie;atiops. The Society agrees to investigate all complaints of animal cruelty or neglect brought to the attention of the Society, as well as complaints for barking and or excessive nuisancenoiserelatingtodogsandotheranimals.

Contract Amendment Between the City of Anderson
And Haven Humane Society, Inc. Approved ____...i __

11. Deceased Animals. The Society agrees to pick up and dispose of any dead animal of unknown ownership found on public streets and roadways within the corporate city limits.

Known owners shall be responsible for disposition of dead animal(s) from private property within the City. The Society will pick up and properly dispose of all dead wild animals from public streets and public or private property within the corporate city limits.

12. Animal Regulation Officer. The Society agrees to pay for the services of such Animal Regulation Officers as it shall appoint.

13. City Shelter Function. The Society agrees to furnish and maintain during the term of this contract, a building or enclosure to serve as the "City Shelter" which shall be suitable for the keeping and safe holding therein of all animals that are by law subject to impound. The Society will provide adequate shelter care and emergency veterinary services at the Society's shelter, on behalf of the residents of the City of Anderson.

14. Vaccination Clinics. The Society holds at least one low-cost vaccination clinic during the course of the year. The Society agrees to provide staffing, including at least one Animal Regulation Officer to assist during the clinic.

15. Animal Regulation Governance. The City shall not impose an animal welfare commission or any other subcommittee or governing entity for the purpose of contract oversight program recommendations or conditions. The Society agrees to cooperate fully with the City including the attendance at all scheduled meetings to provide data and ensure open communication. To evaluate the animal regulation program and determine necessary modifications or additional services provided by this contract, the City and the Society shall conduct an annual evaluation of the contract on or before September 30 of each year.

16. Citations. The Society agrees to have at least one of its animal regulation officers qualified as a humane officer pursuant to Section 14502 of the California Corporations Code. The Society shall strive to have all other officers so qualified as is practical. All qualified animal regulation officers may issue citations or notices to appear in court as prescribed by state law for any violations of state or local animal regulation laws occurring within the City, including but not limited to violations of Title 6 of the Municipal Code. The City agrees to furnish the Society with a sufficient quantity of citation forms to perform this service.

17. Health Department Quarantine. The Society agrees to pick up, accept. care for, and maintain in custody any animal from within corporate city limits to be held for observation by the City or County Health Department and to maintain such animal(s) in an individual kennel away from public contact or contact with other animals during the time so held or as the City or County Health Officer may direct.

Contract Between the City of Anderson
And Haven Humane Society, Inc. Approved _ _,

18. Collection of Fees.
a. Before delivering an impounded animal into the hands of its alleged owner, the Society will:

1. Satisfy itself as to the owner's identity and right of claim; and

2. Collect and provide a receipt for the redemption and maintenance fees as prescribed by City Ordinance and/or State Law.
b. Any animal impounded pursuant to this Agreement and found without a current license shall not be released to any person prior to purchasing a license pursuant to City Policy, City Ordinance, and/or State Law. c. The Society will keep a timely, complete, and accurate set of books showing the revenues, expenses, and related financial transactions pertinent to contracted animal regulation and shelter services. Such records and accounts will be made available at the Society's place of business for examination at all reasonable times by authorized representatives of the City. Nothing in this Agreement is intended, or shall be construed, to prevent the Society from soliciting or accepting donations from any person or organization toward defraying the costs of the Society's charitable activities.

19. Insurance.
a. Unless modified in writing by City's Risk Manager, Society shall maintain the following noted insurance during the duration of the Contract:

Coverage Required N2t Required
Commercial General Liability X
Comprehensive Vehicle Liability X
Workers' Compensation and Employers' Liability X
Professional Liability Errors and Omissions X
b. Coverage shall be at least as broad as:

1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury, and property damage;
Contract Between the City of Anderson
And Haven Humane Society, Inc.

Approved __ , __ _

2. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non-owned, and hired vehicles;

3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence;
c. The General Liability and Automobile Liability policies are to contain or be endorsed to contain the followingprovisions:

1. City, its elected officials, officers, employees, agents, and volunteers are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Society; premises owned, leased or used by Society; or automobiles owned, leased, hired, or borrowed by Society. The coverage shall contain no special limitations on the scope of protection afforded to City its elected officials, officers, employees, agents, and volunteers.

2. The insurance coverage of Society shall be primary insurance as respects City, its elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents, and volunteers shall be in excess of Society's insurance and shall not contribute with it.

3. Coverage shall state that the insurance of Society shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice has been given to City. In addition, Society agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) days' prior written notice has been given to City. e. Insurance is to be placed with insurers with a current AM Best's rating of no less than A-VII.

Contract Between the City of Anderson
And Haven Humane Society. Inc.

Approved - ·---

20. f. Society shall designate the City of Anderson as a Certificate Holder of the insurance. Society shall furnish City with certificates of insurance and original endorsements affecting the coverage required by this clause.

Certificates and endorsements shall be furnished to 1887 Howard Street, Anderson, California 96007. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City's Risk Manager prior to the commencement of contracted services.
g. The requirements as to the types and limits of insurance coverage to be maintained by Society as required by this Contract and any approval of said insurance by City are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Society pursuant to this Contract, including without limitation provisions concerning indemnification.
h. If any damage, induding death, personal injury, or property damage, occurs in connection with the performance of this Contract, Society shall immediately notify City's Risk Manager by telephone at 530-378-6646 (City Clerk's Telephone Number). No later than three (3) calendar days after the event, Society shall submit a written report to City's Risk Manager containing the following information as applicable: (1) name and address of injured or deceased person(s);
(2) names and addresses of witnesses; (3) name and address of Society's insurance company; and (4) a detailed description of the damage and whether any City property was involved.

Indemnification and Hold Harmless.

1. City agrees to indemnify, defend, and hold harmless Haven and Haven's elected and appointed officers, employees, and agents from and against any and all liability and expense, including but not limited to any damages, fines, penalties, defense costs (attorney fees included), or other monetary or equitable loss that arises in any way, or is connected in any way, to the performance of this agreement, or any act or omission of the City its officers, employees and agents.

2. Haven agrees to indemnify, defend and hold harmless City, and City's elected and appointed officers, employees, and agents from and against any and all Contract Between the City of Anderson
And Haven Humane Society, Inc.

Approved __ , __ _
liability and expense, including but not limited to any damages, fines, penalties, defense costs (attorney fees included), or other monetary and/or equitable loss that arises in any way, or is connected in any way, to the performance of this agreement or any acts and omissions of Haven, its officers, employees and agents.

3. Upon termination of this contract, the parties shall continue to indemnify, defend and hold harmless each other for all claims and losses as heretofore provided and arising during the time this contract was in effect.

21. Consideration for Seryices. In consideration of the agreements and understandings to be performed by the Society, the City agrees to pay the Society a total sum as follows:

I. NINETY SIX THOUSAND FIFTY DOLLARS AND FOUR CENTS ($96,050.04) paid in equal installments over the first year of this amendment (months 1 -12). Each monthly installment shall be paid on or before the 5th day of each calendar month with the first payment occurring on before March 5, 2023;

2. ONE HUNDRED AND THREE THOUSAND TWO HUNDRED EIGHTY NINE DOLLARS AND NINE CENTS ($103,289.09) paid in equal installments over the second year of this agreement (months 12-24) with each payment to be made on or before the Sthdayof each calendar month;

3. ONE HUNDRED AND EIGHT THOUSAND EIGHT HUNDRED TWENTY THREE DOLLARS AND TWENTY FIVE CENTS ($108,823.25) paid in equal installments over the third year of this agreement (months 25-36) with each payment to be made on or before the 5th day of each calendar month.

4. ONE HUNDRED FOURTEEN THOUSAND NINE HUNDRED TWENTY
DOLLARS AND FIFTY FOUR CENTS ($114,920.54) paid in equal installments over the fourth year of this agreement (months 37-48) with each payment to be made on or before the 5th day of each calendar month.

If for any reason the payment is to be delayed beyond the fifth of each month, the City shall provide the Society prior notice and indicate a firm date for receipt of payment.

22. Subsequent Eyents. In the event that compliance with subsequent statutes, ordinances, and/or rules and regulations, including but not limited to California's state mandated minimum wage, results in changes in operating costs or in the event that increased services are required due to population growth or significant growth in the number of stray animals. the parties hereto agree to make a good faith effort to renegotiate this contract so that the compensation herein shall reflect such change.

23. Notices. In addition to all other notices provided for herein, City agrees that it shall Contract Between the City of Anderson
And Haven Humane Society, Inc.

Approved __ , __ _
give Society written notice of any ordinances, resolutions, or any regulation changes contemplated by it relating to any matters affecting Society's performance and/or functions under the terms and conditions of this Agreement.

Written notices to the City shall be given by registered or certified mail, postage prepaid, and addressed to:

City Manager
City of Anderson
1887 Howard Street
Anderson, CA 96007
Written notices to the Society shall be given by registered or certified mail, postage prepaid, and addressed to:

Chief Executive Officer
Haven Humane Society
P.O. Box 992202
Redding, CA 96099-
2202
Contract Between the City of Anderson
And Haven Humane Society, Inc.

Approved

24. Reports,

25. a. The Society shall report monthly to the City a detailed report of the services provided. This shall include the number of stray /deceased animals picked up, the number of calls responded to, the locations, the time/number of animals held by the Society, and identification of any problem areas or issues identified by the Society in providing the service required pursuant to this Contract.
b. The Society shall provide to the City Manager copies of its annual audited financial reports covering the period of this Contract. If the Society fails to submit an annual audited financial report, then the preparer of the unaudited report shall satisfy the City's Finance Officer as to the reasonableness, accuracy, and completeness of said unaudited report.

Maiptepapce Apd Inspection o(Records,
a. The Society shall maintain and preserve all such records for a period of at least three years after termination of the contract or until an audit has been completed and accepted by the highest governmental authority involved and all questions and disputes arising from the audit have been resolved. b. Upon written notice by City, the Society shall promptly make all such records available to auditors or other representatives of the City. The Society shall also cooperate with such auditors and representatives in auditing, excerpting, reproducing, and transcribing the records.

26. Complaints.
a. The Society and the City agree that all complaints about service provided by the Society pursuant to this contract shall be directed immediately to Society's Chief Executive Officer or Chief of Operations. It shall be the responsibility of the Society to conduct such investigations as may be necessary and to take appropriate action to resolve complaints and provide follow up to the City.
b. The Society agrees that as part of the monthly report to the City, the number of written complaints received from City residents, the types of complaints, and the
Contract Between the City of Anderson
And Haven Humane Society, Inc.

Approved __ . __
resolution of those complaints shall be included. All citizen complaints must be received in writing. The Society and the City recognize the requirements of State law regarding confidentiality of personnel records and agree that these reports shall not violate such laws.

27. Non-Assienment Clause. The Society cannot assign or delegate or otherwise transfer this Contract or the rights or duties contained herein to any individual, person, or legal entity otherwisewithoutthewrittenconsentoftheCity.

28. Amendment. This Agreement may be modified and amended at any time during its term or any extension thereof by written mutual agreement of the parties. The City and the Society understand and agree that this Agreement may not be altered, amended, modified, or otherwise changed in any respect or any particular whatsoever, except in writing, duly executed by the authorized representatives of the City and the Society.

29. Society Independent Contractor. Nothing in this Agreement shall be deemed or construed to create or constitute a partnership or joint venture or an agency relationship between the parties hereto. Further, Society is, with respect to City, its officers, agents, and employees, an independent contractor and not an officer, agent, or employee of the City or any of its officers, agents, or employees.

30. Jermipatiops. In the event the Society or City violates the prov1s10ns of this Agreement for any reason other than the occurrence of circumstances over which it can exercise no effective control, and such violation is not cured or remedied within sixty (60) days after notice thereof by the Society or the City, in addition to any other remedies provided for in the Agreement, the Society or the City shall have the right to terminate this Agreement for cause by written notice duly served upon the Society or the City. All provisions of this contract shall be considered material.

31. Advice of Counsel. The City and the Society each warrants, represents, and agrees that in executing this Agreement, the same is done with full knowledge of any and all rights which such party has or may have, with respect to the terms of this Agreement, and that such party has received independent legal advice from disinterested attorneys at law with respect to the matters set forth herein, and with respect to all the rights and claims arising out of or in connection with this Agreement.

32. Goyerpine Law. This Agreement shall be interpreted, construed, governed, and enforced under, and pursuant to the laws of the State of California.

33. Provisions Severable. The provisions of this Agreement are contractual, not mere recitals, and shall be considered severable such that if any provision or part thereof shall at any time be held under any law or ruling to be invalid, such provision or part thereof shall remain in force to the extent allowed by law, and all other provisions shall remain in full force and effect and enforceable.

Contract Between the City of Anderson
And Haven Humane Society, Inc.

Approved

34. Fees and Costs. If either the City or the Society commences any action or other proceeding to enforce or interpret this Agreement, including any action to reform, rescind, or in any manner affect the provisions of this Agreement, or in the event a dispute arises out of the duties and obligations set forth herein, the prevailing party shall be entitled to all costs incurred in connection therewith including, but not limited to, reasonable attorney's fees.

35. Time of the Essence. Time is of the essence in the performance of each and every term and condition of this Agreement.

36. Captions. The captions and headings of this Agreement are for convenience only and shall not in any way limit or be deemed to construe or interpret the terms and provisions hereof.

37. Authority. The undersigned hereby represent and warrant to each other that they have the legal capacity and authority to enter into this Agreement, and that the undersigned have the sole right and exclusive authority to execute this Agreement.

38. Entire AKreement. This Agreement contains the entire agreement relative to Animal Regulation Services between the City and the Society and supersedes any and all prior oral and/or written Agreements and/or drafts of Agreements. It is expressly agreed between the City and the Society that no inference of any kind may be made or drawn, nor evidence introduced, in any subsequent proceeding to enforce any provision hereof from any prior oral or written agreements or drafts of agreements. Notwithstanding the preceding, the agreement for Animal Disposition Services dated February 13, 2013 and amended March 1, 2016 to include Dog Licensing Services, shall remain in full force and effect.

39. BipdinK AKreement. This Agreement and all of its terms and conditions shall inure to the benefit of, and be binding upon, all of the parties hereto their successors and/or assignees.

40. ~. The City has determined that this matter is not subject to the provisions of the California Environmental QualityAct.

41. Date o{AKreement. The date of this agreement is the date that the City signs.

Contract Between the City of Anderson
And Haven Humane Society, Inc.

Approved
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

Dated: ____ _

CITY OF ANDERSON
A Municipal Corporation
Jeff Kiser, City Manager
ATTEST:

Christy White, City Clerk
Collin Bogener
City Attorney
Attachments
Exhibit A · Scope of Service
Contract Between the City of Anderson
And Haven Humane Society, Inc.

CONSULTANT

HAVEN HUMANE SOCIETY
Mark Storrey
Chief Executive Officer
Taxpayer ID No: (on file with Finance)
Approved __ , __

EXHIBIT A
Scope of Service

1. The Society shall enforce the provisions of Title 6 of the Anderson Municipal Code as well as all state and federal laws that affect animal regulation within the city limits of the City of Anderson.

2. The Society shall attempt to prevent and eliminate the cruel treatment of animals.

The Society is under no obligation to conduct or in any way condone wild animal trapping. Any animal trapping activity undertaken at the discretion of the Society shall be in the best interest of the animal(s) within the law and subject to approval by the appropriate jurisdiction(s).

3. The Society shall respond to each request for service in a prompt and courteous fashion. The Society shall determine if the request for service is within the scope of this Agreement. If it is, the Society shall classify the request for service as EMERGENCY, PRIORITY, OR ROUTINE. The request for service shall be deemed an emergency request if human or animal safety is immediately threatened or already occurred. A priority request is characterized by a potential threat to human or animal safety. All other requests for service that are not classified as an emergency or priority shall be deemed to be a routine request.

The Society shall use its best efforts to respond on site to emergency requests made between the hours of 8:00 a.m. and 5:00 p.m., excluding designated holidays, within thirty-five (35) minutes.

The Society shall use its best efforts to respond to routine, non-emergency requests within four (4) hours during normal business hours. Routine, non-emergency requests include, but are not limited to, barking dogs, stray animals, nuisance complaints, and other violations of Title 6 of the Anderson Municipal Code that do not pose an immediate threat to human or animal safety.

4. The Society shall provide shelter services for all duly impounded animals and shall properly dispose of dead animals as required bylaw.

5. The Society shall maintain a sanitary, secure, and humane shelter for all animals duly accepted into the shelter.

6. The Society shall retain each impounded stray animal for not less than the minimum period prescribed by law. Society shall use its best efforts to contact the owner of the animal before any disposition of the animal. The disposition of ill and injured animals of unknown ownership may be made pursuant to the provisions of Section 597(Q and/or
597.1 of the California Penal Code.

7. Animal shelter visiting hours shall include, at a minimum, a period of six hours each day, five days per week, one of which must be a Saturday, but need not include holidays
Observed by the City. The Society and the City shall mutually agree on appropriate beginning and ending times.

8. Normal business hours for animal regulation services shall be Monday through Friday 8:00 a.m. to 5:00 p.m. not to include Society observed holidays.

9. The Society shall maintain a place of business that is within ten (10) miles of the City of Anderson city limits and which can be easily accessed by the public. The Society shall also establish and maintain a telephone number for the public to call and request service. A designated and separate telephone number shall be identified for City animal regulation enforcement services.

10. The Society shall maintain a set ofrecords regarding daily activities (e.g., number of calls received, number of animals impounded, etc.). The Society and the City shall mutually agree on the content of these records.

11. The Society shall be responsible for providing all personnel and materials required to perform this Agreement including, but not limited to, patrol personnel, dispatch personnel, office personnel, vehicles, equipment, cages, uniforms, and other operating materials and supplies. The City agrees to furnish the Society with a sufficient quantity of citation forms to perform this service.

12. The City shall be responsible for scheduling and conducting Dangerous Dog Hearings in a timely manner pursuant to an administrative hearing process as prescribed by Section

6.28.035 of the Anderson Municipal Code. The Society shall provide assistance to the City in regard to facts, findings, and recommendations to be considered in said hearings. All required communications and administrative procedures necessary to the due process of dangerous dog hearings shall be undertaken by and be the sole responsibility of the City. The Society shall provide field follow-up and monitoring services related to compliance with any mandates resulting from dangerous dog hearings.

13. Upon request, the City shall provide the Society with reasonable law enforcement, code enforcement, and technical assistance as may be required to carry out its animal regulation enforcement responsibilities. Upon request of the City Manager, Society shall appear at City Council Meetings to report on matters germane to Societies performance of animal regulation activities, which shall not occur more than 2-4 times a year, and only as needed.

14. Animal regulation activities associated with extraordinary cases involving multiple animals, which often involve collectors and aberrant behavior, are not provided for in this Agreement. These cases, where the number of animals may exceed shelter capacity, minimum holding requirements, or the six (6) animals allowed for by ordinance, present extraordinary demands on the Society. These circumstances require a case-by-case working agreement between the Society and the City. When possible, the City and the Society shall mutually agree upon the amount of additional compensation that the City will pay the Society for such cases prior to any enforcement action

15. In order to provide animal regulation and shelter services in the most efficient and cost effective manner possible, the City and the Society agree that it is desirable to consistently share pertinent information including property-related information maintained by the City and violation information maintained by the Society. To that end, the City shall to the fullest extent allowable by law provide the Society with the information in its GIS mapping files. The Society shall to the fullest extent allowable by law provide the City with violation information in its files upon request. The City and the Society shall work together to develop an efficient method to share this information electronically.

AGENDA ITEM
January 17, 2023, City Council Meeting
Approved for Submittal By:

To:

Through:

Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
Date: January 17, 2023
!SUBJECT
Consider the removal of the management position of Director of Engineering and Development from the salary schedule and approve a new management position titled Director of Operations and Administration to the salary schedule.

I RECOMMENDATION
The City Manager recommends that the City Council:

1. Authorize the City Manager to add and fill new position of Director of Operations and Administration.

2. Adopt a Resolution adding the Classification of Director of Operations and Administration.

3. Adopt a Resolution removing the Classification of Director of Engineering and Development.

ITEM 8.3d PAGE1 1/17/2023

I FISCAL IMPACT
The fiscal impact to the general fund is approximately $100,000 for salary for the Director of Operations and Administration. The salary for the Director of Engineering and Development that is being removed was approximately $143,000 ! DISCUSSION and BACKGROUND
With current vacancies in both the Director of Development Services and the Public Works Director, there is a need for daily management level supervision and guidance for the line level staff. The Director will also oversee the consultants that supplement staff. This will create salary savings but having a department head level position is important to provide direction and guidance. The Director of Operations and Administration reports to and receives general administrative direction from the City Manager.

I ATTACHMENT

1. Director of Operations and Administration Job Description

2. Proposed Resolutions
ITEM 8.3d PAGE2 1/17/2023

CITY OF ANDERSON

DIRECTOR OF OPERATIONS AND ADMINISTRATION

JOB SUMMARY
Under the general direction of the· City Manager, the Director of Operations and Administration job summary is as follows:

EngineeringOversees and manage staff that, plans, designs, organizes, directs, coordinates, and reviews engineering projects, traffic engineering activities, development engineering activities, and water and wastewater engineering activities; oversees difficult and highly responsible engineering work of an administrative and technical nature; performs investigations, oversees staff that preforms construction and inspections of public works and facilities; provides various statutory duties; provides professional and technical assistance; manages and supervises staff; and performs related work as required in the office and the field.

DevelopmentTo plan, manage and oversee the activities and operations of the Development Services Department, including the Planning, Building, Code Enforcement, and Geographic Information Systems Divisions. The duties of the Department include current and advanced land use planning, zoning, environmental review and analysis, enforcement of municipal and other codes, plan review and building inspection, customer service, and mapping. The Director serves as technical advisor to the Planning Commission, City Council and other city officials and also coordinates activities with other City departments and outside agencies. The Director may serve as Flood Plain Administrator.

Supervision Received and Exercised.

The Director reports to, and receives general administrative direction from, the City Manager.

The Director exercises direct supervision over supervisory, professional, technical, consultant and clerical staff.

Essential Duties and Responsibilities
• Prepare and review project plans, specifications, reports, and contractual documents, including verifying calculations, reviewing technical reports and analyses, and negotiating contractual documents with contractors and consultants for the construction of street, storm drain, sewer line, water and transportation facilities; Oversee, plan and design all phases of civil engineering Public Works construction projects, including defining the scope of the project, securing adequate funding, coordinating with permitting and public utility agencies, performing historical document research and review, engineering analysis of alternatives, preparing plans, specifications and cost estimates, and other related planning and design work;
• Research and review project design requirements;
• Assign routine investigation, design, drafting, and inspection tasks to technical subordinates;
• Review completed work; research publications and industry information sources; develop revised design and construction standards for public works structures and appurtenances as required;
• Oversee the preparation and revision of plans and specifications for traffic related projects; prepare special studies and reports and coordinate traffic and transportation major projects; investigate field problems affecting property owners, contractors, and maintenance operations; • Oversee the planning, coordination, and implementation of a variety of capital improvement project programs in the areas of street reconstruction and rehabilitation, storm drain, water distribution, sewer collection, pump station design, and related infrastructure.
• Oversee the preparation of estimates and feasibility reports; coordinate and participate in the review and processing of plans for private developments affecting streets. sewers, drains. and related public works facilities and perform field inspections of such facilities during construction to ensure they meet all City imposed requirements;
• Coordinate public works activities with other City departments, divisions, and sections, and with outside agencies;
• Participate in the development and implementation of department goals, objectives. policies, procedures, and work standards;
• Supervise, train, and evaluate technical subordinates. • Stays abreast of new trends and innovations in the fields of land use Planning, zoning. environmental analysis, building codes and code enforcement.
• Assists with the City's economic development efforts.

Assumes full management responsibility for all department services and activities.
• Continuously monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors workload, administrative and support systems, and internal reporting relationships identifies opportunities for improvement; directs the implementation changes.
• Represents the Development Services Department to other City department to elected officials and outside agencies; explains and justifies Department programs, policies and activities; negotiates and resolves sensitive, significant and controversial issues; presents staff reports and recommendations to the City Manager, City Council and Planning Commission for approval.
• Recruits, selects. trains, motivates and evaluates personnel; provides and coordinates staff training; prioritizes tasks; schedules staff assignments; monitors and reviews tasks. Interprets ordinances, governing codes and regulations to departmental personnel.
• Manages and participates in the development and administration of the departmental budget; monitors and approves expenditures; directs the preparation of and implementation of budget adjustments as necessary. • Coordinates departmental activities with those of other departments and outside agencies and organizations; provides staff assistance to the City Manager and City Council; works directly with the City Manager in an advisory capacity for major city projects; coordinates the distribution of publications containing demographic and statistical information to the business community and City departments; prepares and presents staff reports and other necessary correspondence.

Performs related duties and responsibilities as required.

QUALIFICATIONS
Training and Experience - Requires a Bachelor's Degree from an accredited college or university, and five years of increased responsibility with supervisory and management background.

SPECIAL REQUIREMENTS
Possession of a valid California Driver License.

TOOLS AND EQUIPMENT USED
Office equipment used will include personal computer, printer, scanner, calculator. telephone, copier, and fax machine; may also use specialized equipment such as cameras, plotter, etc. Typical computer software used includes Microsoft Excel, Microsoft Word, ArcGIS, and Microsoft PowerPoint. Small tools used will include hammer, tape measure, survey equipment, markers, nails, traffic cones, shovel, wood stakes, spray paint, etc. Such small tools are typically no more than five pounds each and three to five tools may be carried at a time.

PHYSICAL REQUIREMENTS
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Tasks involve the ability to exert light physical effort in sedentary to light work, but which may involve some bending, twisting, stooping, lifting, carrying, pushing and/or pulling objects and material of weight (up to 25 pounds); sitting for extended periods of time at a keyboard or computer workstation; standing, walking various distances; use of hands and fingers to operate a variety of objects, tools, vehicles, and equipment; ability to talk and hear clearly and concisely to communicate with citizens, general public, staff and other managers on a continuous basis. Tasks may occasionally include bending, stooping, climbing, balancing, kneeling, crouching, or crawling, reaching above and below waist height, craning neck, and assisting in moving heavier equipment weighing 30-50 pounds.

VISION: Ability to see in the normal visual range, with or without correction, as set forth by the State of California Department of Motor Vehicles standards for safe vehicle driving. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, depth perception, the ability to adjust focus, and the ability to distinguish color.

HEARING: Ability to hear in the normal audio range with or without correction.

Hearing should be adequate to hear warning devices used for worker safety (i.e. look out alarm devices, including vehicle horns used to warn employees of eminent danger at the work site).

WORK ENVIRONMENT
2023
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee regularly works in inside environmental conditions. The employee is occasionally exposed to outside weather conditions, and may be exposed to wet, hot, and/or humid conditions, airborne particles, dust, dirt, brush, ticks, mosquitoes, snakes, traffic and paint fumes, unsafe drivers, and various construction walking surfaces. The employee may be required to attend evening meetings and travel, and may be required to work evenings or weekends.

The noise level in the work environment is usually quiet in the office and moderate in the field. The employee is occasionally exposed to noisy conditions due to traffic and/or construction.

RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON

AMENDING THE CITY OF ANDERSON

POSITION CLASSIFICATION AND COMPENSATION PLAN
WHEREAS, Chapter 2.56 of the Anderson Municipal Code establishes a Personnel Merit system for the administration of all personnel matters; and WHEREAS. said Chapter provides for the periodic review, amendment, and adoption by resolution of changes in the system's Classification and Compensation Plan; and WHEREAS, the City Manager has reviewed the Plan and has recommended that certain changes be made; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anderson hereby amends the Classification and Compensation Plan by:

1. Creating a new classification of Director of Operations and Administration Uob description attached), a full-time benefited position; and

2. Establishing the pay range of $35. 73 - $4 7 .87 per hour.

PASSED AND ADOPTED by the City Council of the City of Anderson this 17th day of January, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mike Gallagher, Mayor
ATTEST:

Christy White, City Clerk
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON

AMENDING THE CITY OF ANDERSON

POSITION CLASSIFICATION AND COMPENSATION PLAN
WHEREAS, Chapter 2.56 of the Anderson Municipal Code establishes a Personnel Merit system for the administration of all personnel matters; and WHEREAS, said Chapter provides for the periodic review, amendment, and adoption by resolution of changes in the system's Classification and Compensation Plan; and WHEREAS, the City Manager has reviewed the Plan and has recommended that certain changes be made; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anderson hereby amends the Classification and Compensation Plan by:

Removing the position of Director of Engineering and Development PASSED AND ADOPTED by the City Council of the City of Anderson this 17th day of January, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mike Gallagher, Mayor
ATTEST:

Christy White, City Clerk
To:

Through:

From:

Date:
!SUBJECT

AGENDA ITEM
i anuary 17, 2023, City Council Meeting!
Approved for Submittal By:
'
Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
Liz Cottrell, Assistant City Manager
January 17, 2023
Side Letter to Memorandum of Understanding with the Teamsters Local 137 Contract !RECOMMENDATION
The Assistant City Manager recommends that the City Council:

Adopt a Resolution approving a Side Letter to the Memorandum of Understanding (MOU) negotiated between representatives of the City of Anderson and representatives of the Teamsters Local 137.

I FISCAL IMPACT
The fiscal impact to the Public Works Fund will be approximately $3,600.00 per employee.

ITEM 8.5 PAGE1 01/17/2023
I DISCUSSION and BACKGROUND
In February of 2022, the Department of Motor Vehicles implemented the Federal Government Entry Level driver training requirements for obtaining a Class A or Class 8 Commercial Driver's License. The new requirement is that a permit must be obtained with a federally registered trainer. The City explored several options for providing a registered trainer and thus decided a Truck Driving School that provides 15 hours of driving and classroom time is the best method for providing the training needed for Public Works Maintenance Workers. In addition to the Class B license required, Maintenance Workers need a Dl Water certificate and a Pesticide Certificate. The City met with Teamsters Local 137 for an agreed upon process for employees to receive this training. This Side Letter is attached.

New employees hired will with the first six (6) months of being hired be required to obtain the Dl Water Cert, the Pesticide Cert and obtain a Class B permit. Once completed the City will then enroll the employee in the Commercial Truck Driving School to complete the training and receive the Commercial Driver's License. Should the employee fail to obtain a Class A or Class B license, the cost of further education, training and retesting will be at the expense of the employee.
!ATTACHMENTS

1. Resolution approving Side Letter.

2. Side Letter
ITEM 8.5 PAGE2 01/17/2023
ATTACHMENT 1
Resolution No. 23-_
A Resolution of the City Council of the City of Anderson Approving a Side Letter to the Memorandum of Understanding between the City of Anderson and Teamsters Local 137
WHEREAS, the City Council of the City of Anderson approved a Memorandum of Understanding with the Teamster Local 137; and WHEREAS, the City Council agrees changes reflected in the Side Letter need to be made in reference to training for Public Works Maintenance Workers in obtaining certificates and Commercial Driver's Licenses; NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Anderson, approves the agreed upon Side Letter with Teamsters Local 137; PASSED AND ADOPTED by the City Council of the City of Anderson on this 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Michael Gallagher, Mayor
ATTEST:

Christy White, City Clerk

LETTER OF UNDERSTANDING

BETWEEN

THE CITY OF ANDERSON
AND
GENERAL TEAMSTERS LOCAL NO. 137
Teamsters Local 137 and City of Anderson agree upon the following:

Employees hired for a position that requires a Commercial Class B driver's license in the job description will have six months from their date of hire to obtain a Class B driving permit (Class A is acceptable), along with the required Dl and pesticide certificates.

Upon successful completion of the 01 water certificate, pesticide applicators license and obtaining the Class B permit, the City agrees to enroll the employee in a truck driving school at the City's expense. The employee Is expected to successfully complete the truck driving course and obtain, at a minimum, a Class B license with no restriction. Should the employee fail to obtain a Class 8, or Class A, license, the cost for further education, training and retesting shall be the responsibility of the employee.

For the City: For the Union:

Heather Mcfall, Business Agent
Date: / -10 --Z.3 I /q !~23 Date: __________ _
To:

Through:

From:

Date:
!SUBJECT

AGENDA ITEM
j January 17, 2023 City Council Meeting
rt&:: wit---- Peter Wickenheiser, Deputy Public Works
Director
Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
Peter Wickenheiser, Deputy Public Works Director
January 17, 2023
Consider adoption of a resolution making temporary changes to parking restrictions in the vicinity of the Shasta District Fairgrounds during the Sierra Cascade Logging Conference, Nor-Cal Boat, Sport, and RV Show, Shasta District Fair, and Anderson Explodes.

I RECOMMENDATION
The Deputy Public Works Director recommends that the City Council:

Consider adoption of a resolution establishing a temporary "No Parking" zone along the south side of Briggs Street between West Center and Church Street, and along the south side of First Street between Church Street and Fairgrounds Drive, and along Fairgrounds Drive during the Sierra Cascade Logging Conference, February 4-12, 2023, Nor-Cal Boat, Sport, and RV Show February 26 - March 6, 2023, the Shasta District Fair June 19-25, 2023 and Anderson Explodes July 3, 2023 and a temporary "Loading Zone" along the east side of Fairgrounds Drive during the Shasta District Fair.

ITEM 8.9 PAGE1 1/17/2023
!FISCAL IMPACT
There is a minimal expense for Public Works employees to set up signs along the designated locations. The set up and take down will occur during the normal course of the workweek.

I DISCUSSION and BACKGROUND
Ms. Melanie Silva, CEO of the Shasta District Fairgrounds, has requested that the City Council allow changes in the parking restrictions in the vicinity of the Shasta District Fairgrounds during the Sierra Cascade Logging Conference February 4-12, 2023, Nor-Cal Boat, Sport, and RV Show February 26 through March 6, 2023, the Shasta District Fair June 19 through June 25, 2023 and Anderson Explodes July 3, 2023. Changes to the restrictions include temporary installation of a "No Parking" zone along the south side of Briggs Street between West Center Street and Church Street, and along First Street between Church Street and Fairgrounds Drive and along Fairgrounds Drive and a temporary "Loading Zone" along the east side of Fairgrounds Drive during the Shasta District Fair. !ATTACHMENT

1. Resolution establishing waiver of "No Parking" zones during the events

2. Parking Restriction Exhibit
ITEM 8.9 PAGE2 1/17/2023
RESOLUTION NO. 23-xx

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON,

ESTABLISHING TEMPORARY PARKING RESTRICTIONS IN THE VICINITY

OF THE SHASTA DISTRICT FAIRGROUNDS FOR THE SIERRA CASCADE

LOGGING CONFERENCE, NOR-CAL BOAT, SPORT AND RV SHOW,

THE SHASTA DISTRICT FAIR, AND ANDERSON EXPLODES
BE IT RESOLVED, the City Council of the City of Anderson hereby establishes a temporary "No Parking" Zone as provided in Section 10.32.010 of Anderson Municipal Code during the Sierra Cascade Logging Conference February 4-12, 2023, Nor-Cal Boat, Sport, and RV Show February 26-March 6, 2023, the Shasta District Fair June 19-25, 2023, and Anderson Explodes July 3, 2023 at the following locations:

1. South side of Briggs Street from West Center Street to Church Street

2. South side of First Street between Church Street and Fairgrounds Drive.

3. Fairgrounds Drive
And a temporary "Loading Zone" during the Shasta District Fair SO feet south of and extending 90 feet north of Gate 3 on Fairgrounds Drive.

PASSED AND ADOPTED by the City Council of the City of Anderson this 17th day of January, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mike Gallagher, Mayor
ATTEST:

Christy White, City Clerk
/ V
LEGEND
~ TEMPORARY "NO PARKING" ZONE
l4 TEMPORARY "LOADING ZONE"

FAIRGROUNDS

TEMPORARY PARKING

RESTRICTION EXHIBIT