CITY COUNCIL AGENDA
CLOSED SESSION FOLLOWING
August 15, 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~ on tonight's Agenda, please complete an Agenda Request 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.dandec-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
August 15, 2023
Page2
1.0 ROLL CALL - COUNCIL:
REGULAR SESSION -6:00 P.M.
Councilmember Hunt
Councilmember Gallier
Councilmember Baugh
Vice-Mayor Neutze
Mayor Gallagher
2.0 INVOCATION - Doug Deese, Neighborhood Church of Anderson/Cottonwood, will give the invocation.
3.0 PLEDGE OF ALLEGIANCE - Council member Dan Gallier.
4.0 STUDENT REPORTS - A teen from the teen center will give an update on current activities.
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?
CONSENT AGENDA
6.0 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?
6.1 MINUTES - Approve the minutes of the regular meeting of July 18, 2023 and special meeting of July 26, 2023.
6.2 WARRANTS - Receive and file warrant 29318 to 29414 in the amount of $2,041,457.75; Receive and file warrant 29415 to 29476 in the amount of $175,946.34; Receive and file warrant 29477 to 29524 in the amount of $148,487.23; Receive and file warrant 29525 to 29574 in the amount of $451,759.29; Receive and file ACH in the amount of $61,979.55; Receive and file ACH in the amount of $62,092.20.
6.8 DEVELOPMENT SERVICES - Enact Ordinance No. 856 (second reading), for rezone 23- 01-2644 North St -Tails of Rescue in Kahoots as introduced July 18, 2023 (first reading).
City Council Meeting
August 15, 2023
6.9 POLICE CHIEF - Consider adoption of a resolution accepting a grant in the amount of $21,299 from the California Department of California Highway Patrol and authorizing the City Manager to sign the grant agreement and any amendments thereto.
6.10 PUBLIC WORKS - Direct the Public Works Director to prepare and record a Notice of Completion for the 2022 Pavement Repair Project.
END OF CONSENT CALENDAR
6.11 ITEMS (IF ANX) 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.
6.12 PRESENTATIONS
a. Bonnie Simmons will give a presentation on the Shasta County Commission on Aging.
b. Presentation of Proclamation honoring City Manager Jeff Kiser on the occasion of his retirement.
The City Council will recess for ten minutes for refreshments, The City Council will reconvene.
REGULAR AGENDA
8.0 REGULAR AGENDA - Regular Agenda Items will be discussed individually and in order.
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 Jess.
CITY MANAGER
8.3a A RESOLUTION AUTHORIZING INVESTMENT OF CITY MONIES IN LOCAL AGENCY
INVESTMENT FUND
RECOMMENDED ACTION;
Consider adopting a resolution authorizing City officers to direct investment of City monies in Local Agency Investment Fund.
City Council Meeting
August 15, 2023
Page4
8.3b APPOINTMENT OF CITY OF ANDERSON APPOINTEE TO THE ECONOMIC
DEVELOPMENT CORPORATION OF SHASTA COUNTY
RECOMMENDED ACTION:
Consider the appointment of Michelle Nystrom as the City of Anderson's representative on the Shasta County Economic Development Corporation Board of Directors for a term ending 2 023.
8.3c OFFICIAL VOTING DELEGATE TO LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCEFOR2023
RECOMMENDED ACTION:
Authorize an Official Voting Delegate at the League of California Cities Annual Conference September 20-22, 2023 that will be held in person at the Sacramento Convention Center.
8.3d UPDATING FEES FOR NEWLY RENOVATED AMPHITHEATER
RECOMMENDED ACTION:
Consider adoption of a Resolution establishing an increased fee for the newly renovated Amphitheatre.
PUBLIC WORKS
8.9 APPROVAL OF THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR
EAST STREET INDUSTRIAL SUBDIVISION
RECOMMENDED ACTION;
1. Authorize the City Manager to enter into a subdivision agreement with ANDERSON B&B LLC for improvements for East Street Industrial Subdivision; and
2. Approve the Final Map for East Street Industrial Subdivision and direct the City Clerk to file the Final Map with Shasta County.
10.0 STAFF REPORTS - Public Works Director Adam Whelen will update Council on APWA awards given on the River Splash project and the Ventura Street project.
11.0 COUNCIL REPORTS/COMMENTS- City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234.) City Council Meeting
August 15, 2023
12.0 Public Comment on Closed Session Item(s): Anyone in the audience who wants to address the City Council on a subject which is listed under the Closed Session agenda is now invited to come to the podium. Please provide your name and the subject you wish to discuss. Please limit your remarks to 3 minutes or less.
The City Council will convene to Closed Session.
CLOSED SESSWN
C.S.1 Conference with Real Property Ne1:otiations (§ 54956.8) - Property: APN: 201-620-077
- Agency Negotiation: City Manager Jeff Kiser
- Negotiating Parties: Ron Arndt
- Under Negotiation: Appraisal of Property
C.S.2 PUBLIC EMPLOYEE PERFORMANCE EVALUTION
- (Gov't. Code Section 54957)
Title: City Manager
The City Council will reconvene to Open Session.
13.0 CLOSED SESSION ANNOUNCEMENT: The Mayor will announce the results of the Closed Session.
14.0 ADJOURN - The City Council will adjourn to September 5. 2023.
ANDERSON CITY COUNCIL MINUTES
Regular Meeting
July 18, 2023
REGULAR SESSION
The regular session was called to order at 6:00 p.m.
ROLL CALL
Councilmembers present: Councilmember Hunt
Councilmember Gallier
Councilmember Baugh
Vice-Mayor Neutze
Mayor Gallagher
DRAFT
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
Pastor Jim Logan gave the invocation.
PLEDGE OF ALLEGIANCE
Mayor Mike Gallagher led the Pledge of Allegiance.
STUDENT REPORTS
Daniel Stroup from the Teen Center gave an update on current activities and answered questions from Council. Daniel thanked Council for the opportunity to present to them and let them know this would be his last meeting.
INTRODUCTIONS
Police Chief Jon Poletski introduced newly appointed Lieutenant Michael Hallagan.
Lieutenant Hallagan thanked Council for the opportunity.
Police Chief Jon Poletski introduced newly appointed Captain Nathan Ramirez. Captain Ramirez thanked Council for the opportunity.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Bob Lewis from Trinity United Methodist Church talked to Council letting them know the Church has changed its name to Anderson Trinity Community Church and invited them to come visit.
ITEM 2.1 8/15/2023
City Council Meeting
August 15, 2023
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 June 20, 2023 and special meeting minutes of June 28, 2023.
Received and filed; Received 29021 to 29110 in the amount of $346,789.01; Received and filed warrant 29111 to 29150 in the amount of $44,931.09; Received and filed warrant 29151 to 29202 in the amount of $171,710.22; Received and filed warrant 29203 to 29258 in the amount of $513,901.43; Received and filed warrant 29259 to 29317 in the amount of $285,673.43; Received and filed ACH in the amount of $56,113.08; Received and filed ACH in the amount of $56,772.85.
Approved Second Amendment to Joint Exercise of Powers Agreement for Community Recreation with Anderson Union High School District, Cascade Union Elementary School District, and Happy Valley Union School District.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Neutze, Hunt, Baugh, Gallier and Mayor Gallagher.
None.
None.
None.
ALL NOTICES WERE GIVEN ACCORDING TO LAW
PUBLIC HEARINGS
CONSIDER APPROVAL OF ORDINANCE REGARDING REZONE 23-01 - 2644 NORTH ST -
TAILS OF RESCUE IN KAHOOTS
Jennifer McDaniel, Director of Operations and Administration, gave a staff report and answered questions from Council.
6:23p.m. Public hearing was open.
Jenn Bulmer and Amber Kelly both spoke in favor of the rezone. 6:26p.m. Public hearing was closed.
By motion made, seconded (Baugh/Gallier), and carried by a 5-0 vote, the Council approved the proposed CEQA finding and approved of an Ordinance (First Reading) for Rezone 23-01 and set for adoption on August 15, 2023 (Second Reading).
The City Clerk read the Ordinance by title only.
City Council Meeting
August 15, 2023
Vote: AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Baugh, Gallier, Hunt, Neutze and Mayor Gallagher.
None.
None.
None.
CONSIDER ADOPTION OF A RESOLUTION RELATING TO THE ADOPTION OF A FIRE
IMPACT FEE FOR NEW DEVELOPMENT WITHIN THE CITY LIMITS OF ANDERSON Fire Chief Steve Lowe of the Anderson Fire District gave a staff report and invited Consultant Blair Aas of SCI Consulting Group to discuss the report and answer questions from Council. 6:34p.m. Public Hearing_was open.
Jill Bennett gave comments and notes for the Mayor to read (see attached) Council addressed questions that were not previously answered by the consultant. 6:26p.m. Public Hearing was closed.
By motion made, seconded (Baugh/Neutze), and carried by a 5-0 vote, the Council approved Resolution 23-32 adopting a new Fire Impact Fee for future development within the City of Anderson on behalf of the Anderson Fire Protection District and superseding any existing Fire Impact Fees.
Vote: AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Baugh, Gallier, Hunt, Neutze and Mayor Gallagher.
None.
None.
None.
LEVYING ASSESSMENTS FOR FISCAL YEAR 2023-2024
Assistant City Manager /Finance Director Liz Cottrell gave a staff report and answered questions from Council.
6:51 pm: The Public Hearing was opened. No comments were received. The Public Hearing was closed.
By motion made, seconded (Hunt/Neutze), and carried by a 5-0 vote, the Council adopted Resolution No. 23-33 confirming the Engineer's Report and levying a 2022-2023 assessment for Landscape and Lighting District No. 93-2.
~: AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hunt, Neutze, Gallier, Baugh and Mayor Gallagher.
None.
None.
None.
By motion made, seconded (Neutze/Hunt), and carried by a 5-0 vote, the Council adopted Resolution No. 23-34 confirming the Engineer's Report and levying a 2022-2023 assessment for Landscape and Lighting Assessment District No. 2006-1 for the Vineyards at Anderson (aka Skyview).
City Council Meeting
August 15, 2023
~: AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Neutze, Hunt, Baugh, Gallier, and Mayor Gallagher.
None.
None.
None.
By motion made, seconded (Gallier /Hunt), and carried by a 5-0 vote, the Council adopted Resolution 23-35 confirming the Engineer's Report and levying a 2022-2023 assessment for the South Ridge Terrace Unit 1 Landscaping Maintenance District.
Vote: AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Gallier, Hunt, Neutze, Baugh, and Mayor Gallagher.
None.
None.
None.
By motion made, seconded (Baugh/Hunt), and carried by a 5-0 vote, the Council adopted Resolution 23-36 confirming the Engineer's Report and levying a 2022-2023 assessment for the Sanitary Sewer Maintenance District 1-09, Silvergate-Subdivision.
Vote: AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Baugh, Hunt, Gallier, Neutze and Mayor Gallagher.
None.
None.
None.
PRESENTATIONS
Mayor Gallagher presented Assistant City Manager Liz Cottrell a Proclamation honoring her on 23 years of service at the City of Anderson. City Manager Jeff Kiser also spoke and thanked Liz for her dedication to the City.
7:06 p.m.:
7:20 p.m.:
The City Council recessed for ten minutes for refreshments.
The City Council reconvened.
REGULAR AGENDA
ASSISTANT CITY MANAGER/FINANCE DIRECTOR
AWARD OF BID FOR AUDIT SERVICES FOR CITY OF ANDERSON FOR YEARS ENDING 2023, 2024, AND 2025
Assistant City Manager /Finance Director Liz Cottrell 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 award the contract for annual audit services to The Pun Group, for $60,000.00 for Fiscal Year 2022· 2023, $63,000.00 for fiscal year 2023-2024 and $66,150.00 for fiscal year 2024-2025.
City Council Meeting
August 15, 2023
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Neutze, Baugh, Hunt, Gallier and Mayor Gallagher.
None.
None.
None.
PUBLIC WORKS DIRECTOR
PARKING RESTRICTION ON MCCORMICK STREET
Public Works Director Adam Whelen gave a staff report and answered questions from Council.
By motion made, seconded (Hunt/Gallier) and carried by a 5-0 vote Council voted to adopt Resolution 23-37 establishing parking restrictions on each side of McCormick Street. ~: AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hunt, Gallier, Neutze, Baugh and Mayor Gallagher.
None.
None.
None.
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH PACE ENGINEERING FOR TWO
COMPLETE FINANCIAL ASSISTANCE APPLICATIONS TO THE STATE WATER RESOURCES
CONTROL BOARD DIVISION OF FINANCIAL ASSISTANCE (DFA) TO REQUEST CLEAN
WATER STATE REVOLVING FUND (CWSRF) PROJECT PLANNING FINANCING FOR A
WWTP IMPROVEMENT PROIECT AND A COLLECTION SYSTEM IMPROVEMENT PROJECT Public Works Director Adam Whelen gave a staff report and answered questions from Council.
By motion made, seconded (Baugh/Hunt) and carried by a 5-0 vote Council authorized the City Manager to execute a Professional Service Agreement with PACE Engineering for two complete Financial Assistance Applications to the State Water Resources Control Board Division of Financial Assistance (DFA) to request Clean Water State Revolving Fund (CWSRF) project planning financing for a WWTP Improvement Project and a Collection System Improvement Project.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Baugh, Hunt, Gallier, Neutze and Mayor Gallagher.
None.
None.
None.
REQUEST FOR PROPOSALS (RFP) FORA COMPREHENSIVE 5 YEAR WATER RATE STUDY Public Works Director Adam Whelen gave a staff report and answered questions from Council.
Questions from Jill Bennett were read by Mayor Gallagher.
City Council Meeting
August 15, 2023
By motion made, seconded (Baugh/Hunt) and carried by a 5-0 vote Council directed the Public Works Director to issue a Request for Proposals for a consultant to perform a Comprehensive 5 Year Water Rate Study
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Baugh, Hunt, Gallier, Neutze and Mayor Gallagher.
None.
None.
None.
COUNCIL REPORTS/COMMENTS
Councilmembers used this time to report on meetings and activities they participated in and to announce upcoming events.
Public Comment on Closed Session Items - None.
7:57p.m.: The City Council convened to Closed Session.
CLOSED SESSION
8.56p.m.: The City Council reconvened to Qpen Session,
CLOSED SESSION ANNOUNCEMENT
C.S.1 CONFERENCE WITH LEGAL COUNSEL- Existine Litiamtion (§ 54956.9) - Name of Case: Badu v. City of Anderson, Case No. 23CL0096 • Name of Case: Burton v. City of Anderson, Case No. 23CL0123 C.S.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuantto § 54956.9(c): (One Cases) C.S.3 PUBLIC EMPLOYEE PERFORMANCE EVALUTION - (Gov't. Code Section 54957) Title: City Manager
Mayor Gallagher announced that the Council sat in Closed Session with no reportable action giving direction to staff.
ADJOURNMENT
8:46 p.m.: The City Council adiourned to August 15, 2023.
Mike Gallagher, Mayor
ATTEST:
Christy White, City Clerk
0 ---- -----
ANDERSON CITY COUNCIL MINUTES
Special Meeting
July 26, 2023
The Special Meeting was called to order at 9:30 a.m.
ROLL CALL
Councilmembers present: Councilmember Hunt
Councilmember Gallier
Councilmember Baugh
Vice-Mayor Neutze
Mayor Gallagher
DRAFT
Also present: City Manager Jeff Kiser, Police Chief Jon Poletski, and City Clerk Christy White.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA· None.
REGULAR AGENDA
AMEND THE CLASSIFICATION AND COMPENSATION PLAN BY AMENDING AND ADDING
THE I OB DESCRIPTION FOR DIRECTOR OF COMMUNITY SERVICES City Manager Jeff Kiser 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 adopt Resolution No 23-38 amending the Classification and Compensation Plan by amending and adding a job description for Director of Community Services.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Neutze, Baugh, Hunt, Gallier and Mayor Gallagher.
None.
None.
None.
A RESOLUTION AUTHORIZING AN EXTENSION OF WATER SERVICE OUTSIDE CITY LIMITS TO PROPERTY THAT IS OWNED BY SIERRA PACIFIC INDUSTRIES ON RIVERSIDE AVE. (APN 050-530-072 AND APN 050-110-038). ANDERSON, CA.
Public Works Director Adam Whelen gave a staff report and answered questions from Council.
ITEM 6.1 8/15/2023
City Council Meeting
August 15, 2023
DRAFT
By motion made, seconded (Baugh/Gallier) and carried by a 5-0 vote, the Council voted to Adopt Resolution 23-39 requesting the Shasta Local Agency Formation Commission initiate proceedings for a water services extension outside the City limits to serve the property located on Riverside Ave. (APN 050-530-072 and APN 050-110-038), Anderson, CA.; and determine that the proposed water line extension is cate~orically exempt from CEQA pursuant to CEQA Guidelines §15303 Class 3 ( d) "New Construction or Conversion of Small Structures"; and authorize the City Manager to execute a Service Extension agreement with Sierra Pacific Industries and an Annexation agreement with the Shasta Local Agency Formation Commission, on behalf of the City.
AYES:
NOES:
Councilmembers Baugh, Gallier, Hunt, Neutze and Mayor Gallagher.
None.
ABSTAIN: None.
ABSENT: None.
9:44a.m.:
ATTEST:
ADJOURNMENT
The City Council adjourned.
Mike Gallagher, Mayor
Christy White, City Clerk
AGENDA ITEM
!August 15, 2023 City Council Meeting
Approved for Submittal By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
From: Cindy Wheeler, Acting Finance Director /Treasurer Date: August 15, 2023
!SUBJECT
Receive and File Weekly Warrant Registers.
I RECOMMENDATION
Receive and file warrant 29318 to 29414 in the amount of $2,041,457.75; Receive and file warrant 29415 to 29476 in the amount of $175,946.34; Receive and file warrant 29477 to 29524 in the amount of $148,487.23; Receive and file warrant 29525 to 29574 in the amount of $451,759.29; Receive and file ACH in the amount of $61,979.55; Receive and file ACH in the amount of $62,092.20.
I ATTACHMENT
Warrant Registers.
ITEM 6.2 PAGE1 8/15/2023
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
VOID CHECK 7/10/2023 29318
VOID CHECK 7/10/2023 29319
001712 CALEPA
ASSET FORFEITURES 7/10/2023 29320 2S.22
VOID CHECK 7/10/2023 29321
009395 SHASTA CO. DISTRICT ATTORNEY
ASSET FORFEITURES 7/10/2023 29322 1,085.79
009423 SHASTA COUNTY AUDITOR CONT.
#00941-007443 ASSET FORFEITURE 7/10/2023 29323 605.43
VOID CHECK 7/10/2023 29324
011918 ALEXANDER COGEN
RETURN SEIZED FUNDS 7/10/2023 29325 16,558.40
011917 GARRETT TERRILL
RETURN SEIZED FUNDS 7/10/2023 29326 9,190.57
1 ESPINOZA, SHAUN
US REFUND 7/14/2023 29327 20.78
1. DYCK, JARED
US REFUND 7/14/2023 29328 20.78
1 BRULAND, JESSICA
US REFUND 7/14/2023 29329 4.14
1 CAMPOS, JOSIAH
US REFUND 7/14/2023 29330 20.78
1 TOSTADO, SHANNON
US REFUND 7/14/2023 29331 16.87
1 WRAY, JEAN
US REFUND 7/14/2023 29332 20.78
l CARLSON, KATHRYN & J
US REFUND 7/14/2023 29333 6.56
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
1 GREENFIELD, CODY & E
US REFUND 7/14/2023 29334 20.78
1 DORSEY, MICHAEL
US REFUND 7/14/2023 29335 20.78
1 BERRY, SAM
US REFUND 7/14/2023 29336 20.78
1 DUPONT, DANIAL & JEA
US REFUND 7/14/2023 29337 S.78
1 JOYCABRERA, AARON &
US REFUND 7/14/2023 29338 20.78
1 MCWILLIAMS, JILL & J
US REFUND 7/14/2023 29339 4.43
000083 ACE HARDWARE
SUPPLIES-JOB #3 7/14/2023 29340 2,716.38
000126 ADAMS ASHBY GROUP, LLC.
PROFESSIONAL SERVICES 7/14/2023 29341 625.00
000243 ALL CAR & TRUCK TOWING, LLC
PROFESSIONAL SERVICES 7/14/2023 29342 930.00
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 PE 7 /7 /23 7/14/2023 29343 282.68
000700 BADGER METER, INC.
EQUIPMENT 7/14/2023 29344 1,446.70
000722 SCOTT BAILEY
PER DIEM-TRAINING 7/14/2023 29345 59.00
000968 DEBBY BECKMAN
PER DIEM-TRAVEL 7/14/2023 29346 64.00
001750 CALIFORNIA SAFETY CO.
PROFESSIONAL SERVICES 7/14/2023 29347 516.02
001757 CALL CENTER SALES PRO
PROFESSIONAL SERVICES 7/14/2023 29348 28.10
001881 CARREL'S OFFICE MACHINES
MONTHLY LEASE 7/14/2023 29349 215.25
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 7/14/2023 29350 766.09
002158 CITY OF ANDERSON
UTILITIES 7/14/2023 29351 2,919.22
002165 CITY OF REDDING
LIBRARY CONTRIBUTION 7/14/2023 29352 3,799.21
002199 CLARK PEST CONTROL OF STOCKTON
PROFESSIONAL SERVICES 7/14/2023 29353 535.00
002960 DEPARTMENT OF JUSTICE (SOU)
CASEID#410000000045532 7/14/2023 29354 253.38
003073 DKF SOLUTIONS GROUP. LLC
PROFESSONAL SERVICES 7/14/2023 29355 1,800.00
003423 ENERPOWER
UTILITIES 7/14/2023 29356 3,141.00
003452 ENTERPRISE FM TRUST
VEHICLE LEASES 7/14/2023 29357 22,492.61
003475 MASON EPPLEY
PER DIEM-TRAINING 7/14/2023 29358 59.00
003534 EWING
SUPPLIES 7/14/2023 29359 462.37
003590 FASTENERS INC.
SUPPLIES 7/14/2023 29360 668.87
003618 FERGUSON ENTERPRISES, INC.
SUPPLIES 7/14/2023 29361 1,015.47
003744 NASH FOLDEN
PER DIEM-TRAVEL 7/14/2023 29362 64.00
004318 PETER GRIGGS
PROFESSIONAL SERVICES 7/14/2023 29363 63.00
004354 GREGGORY GUNDERSEN
PER DIEM-TRAINING 7/14/2023 29364 59.00
004592 HAVEN HUMANE SOCIETY
PROFESSIONAL SERVICES 7/14/2023 29365 725.00
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
005257 JENNIFER JIMERSON
PER DIEM-MEETING 7/14/2023 29366 17.00
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 7/14/2023 29367 2,547.22
005647 AUSTIN KLEIN
PER DIEM-TRAINING 7/14/2023 29368 59.00
006166 LOWE'S
SUPPLIES 7/14/2023 29369 203.56
006904 MITEL CLOUD SERVICES
PHONE CHARGES 7/14/2023 29370 1,738.23
006958 MOORE & BOGENER
PROFESSIONAL SERVICES 7/14/2023 29371 9,664.90
007118 MUTUAL OF OMAHA
INSURANCE PREMIUM-JUL 23 7/14/2023 29372 1,800.86
007202 NCCSIF
WORKERS COMPENSATION INS. 7/14/2023 29373 665,155.75
007342 NORCAL RENTALS & SALES
EQUIPMENT RENTAL 7/14/2023 29374 1,772.48
007435 NTU TECHNOLOGIES, INC.
SUPPLIES 7/14/2023 29375 1,116.29
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 7/14/2023 29376 84.86
007616 PACE ANALYTICAL SVCS., LLC
PROFESSIONAL SERVICES 7/14/2023 29377 1,758.52
007630 PACIFIC GAS & ELECTRIC
UTILITIES 7/14/2023 29378 7,231.94
VOID CHECK 7/14/2023 29379
007782 PECKHAM & MCKENNEY
PROFESSIONAL SERVICES 7/14/2023 29380 9,333.33
008061 PRAIRIE SQUARES
PROFESSIONAL SERVICES 7/14/2023 29381 155.40
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
009392 SHASTA CO. DEPT RESOURCE MGT.
PERMIT FEES 7/14/2023 29382 20.00
009410 SHASTA CO.OPPORTUNITY CENTER
JANITORIAL SERVICES 7/14/2023 29383 3,281.25
009447 SHASTA COUNTY SHERIFF'S OFFICE
RELEASE SEIZED FUNDS TO SCSO 7/14/2023 29384 1,183,898.25 009707 SLAKEY BROTHERS, INC
SUPPLIES 7/14/2023 29385 1,272.69
009988 STATE OF CALIFORNIA
ASSIGN OF WAGES PE 7/7/23 7/14/2023 29386 30.00
010255 T ANDS DVBE, INC.
SUPPLIES 7/14/2023 29387 532.65
010505 TK ELEVATOR CORPORATION
PROFESSIONAL SERVICES 7/14/2023 29388 870.30
010518 TOMASINI BLACKSMITHING &
SUPPLIES 7/14/2023 29389 721.49
010552 TOTALLY TRUCKS INC
EQUIPMENT 7/14/2023 29390 1,555.11
010714 UNITED RENTALS NORTHWEST,INC.
EQUIPMENT RENTAL 7/14/2023 29391 651.87
010732 UPS
SHIPPING FEES 7/14/2023 29392 30.00
010747 US BANK CORP PYMT SYSTEMS
SUPPLIES, EQUIPMENT & TRAVEL 7/14/2023 29393 46,248.66
VOID CHECK 7/14/2023 29394
VOID CHECK 7/14/202'3 29395
010756 USA BLUEBOOK
SUPPLIES 7/14/2023 29396 77.57
010771 AMITY VALDEZ
PER DIEM-TRAINING 7/14/2023 29397 174.00
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
011064 WASTE MANAGEMENT
DUMP & RECYCLE FEES 7/14/2023 29398 1,355.76
011305 PETER WICKENHEISER
REIMBURSEMENT-TUITION 7/14/2023 29399 1,665.00
011720 ENLOE MEDICAL CENTER
PROFESSIONAL SERVICES 7/14/2023 29400 34.00
011792 MISSIONSQUARE-302204
PLAN #302204 PE 7 /7 /23 7/14/2023 29401 3,320.00
011801 DBL MEDIA, INC.
PROFESSIONAL SERVICES 7/14/2023 29402 3,450.00
011815 DEWBERRY ARCHITECTS, INC.
PROFESSIONAL SERVICES 7/14/2023 29403 12,245.00
011910 MELISSA ALIDO
REFUND RECREATION FEE 7/14/2023 29404 50.00
011913 PAGEFREEZER SOFTWARE, INC.
PROFESSIONAL SERVICES 7/14/2023 29405 150.00
011919 KARISSA GIBSON
PARK RENTAL REFUND 7/14/2023 29406 37.SO
011920 STEFANI BAUER
RECREATION FEE REFUND 7/14/2023 29407 50.00
011921 CBX ROOFS
BUILDING PERMIT REFUND 7/14/2023 29408 211.53
011922 NOLDA SHORT
PARK RENTAL REFUND 7/14/2023 29409 37.50
011923 JAMIE MERRYWEATHER
SWIM LESSON REFUND 7/14/2023 29410 10.00
011924 STEPHANIE KRAFT
CLEANING DEPOSIT REFUND 7/14/2023 29411 350.00
011925 CALINA HERNANDEZ
PARK RENTAL REFUND 7/14/2023 29412 37.50
011926 STEPHANIE MORRISS
SWIM LESSON REFUND 7/14/2023 29413 50.00
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
007431 NOVA PRODUCTIONS BACKLINE
PROFESSIONAL SERVICES 7/18/2023 29415 2,080.00
011929 ACME ANALYTICAL SOLUTIONS, INC
PROFESSIONAL SERVICES 7/21/2023 29416 154.65
011765 AGILE OCCUPATIONAL MEDICINE, R
PROFESSIONAL SERVICES 7/21/2023 29417 370.00
011810 AMBROSE CONSTRUCTION, INC
BLDG PERMIT FEE REFUND 7/21/2023 29418 2,079.14
000404 ANDERSON FARM & YARD SUP.
SUPPLIES 7/21/2023 29419 190.66
000406 ANDERSON FIRE PROTECTION DIST.
INSPECTION/IMPACT FEES 7/21/2023 29420 28,842.16
000462 ANDERSON WALKIN MEDICAL CLINIC
PROFESSIONAL SERVICES 7/21/2023 29421 300.00
000609 AT&T
PHONE CHARGES 7/21/2023 29422 95.25
000615 AT&T CALNET
PHONE CHARGES 7/21/2023 29423 97.16
001133 BIG VALLEY SANITATION
EQUIPMENT RENTAL 7/21/2023 29424 575.00
011928 HERBERT BURTON
PYMT FOR SMALL CLAIMS 7/21/2023 29425 500.00
001750 CALIFORNIA SAFETY CO.
PROFESSIONAL SERVICES 7/21/2023 29426 250.00
001755 MARIA CALIXTRO
CLEANING DEPOSff REFUND 7/21/2023 29427 350.00
001957 CBSC
CBSC FEES 7/21/2023 29428 439.20
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 7/21/2023 29429 1,285.25
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
002634 CROWN MOTORS
PARTS 7/21/2023 29430 670.03
002967 DEPT OF CONSERVATION
STRONG MOTION FEES 7/21/2023 29431 2,015.15
002972 DEPT OF INDUSTRIAL RELATIONS
CONVEYANCE-2889 E CENTER ST 7/21/2023 29432 675.00
003063 DIV. OF THE STATE ARCHITECT
SB 1186 FEE BUSINESS LICENSES 7/21/2023 29433 27.60
003138 DOWN RANGE
SUPPLIES 7/21/2023 29434 898.94
003534 EWING
SUPPLIES 7/21/2023 29435 8,058.98
003590 FASTENERS INC.
SUPPLIES 7/21/2023 29436 609.30
004096 GILES LOCK & SECURITY SYSTEMS,
PROFESSIONAL SERVICES 7/21/2023 29437 114.00
004351 GUITONS POOL CENTER
SUPPLIES 7/21/2023 29438 364.53
004706 RICHARD HEPLER
REIMBURSEMENT-DOT 7/21/2023 29439 100.00
005092 IMPERIAL SUPPLIES LLC
SUPPLIES 7/21/2023 29440 916.10
005139 INTOXIMETERS
SUPPLIES 7/21/2023 29441 1,021.98
005167 J & J PUMPS, INC.
PROFESSIONAL SERVICES 7/21/2023 29442 195.00
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 7/21/2023 29443 3,856.82
005889 LAUNDRY WORLD
PROFESSIONAL SERVICES 7/21/2023 29444 3,398.04
VOID CHECK 7/21/2023 29445
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 7/21/2023 29446 241.31
006229 LYRO PRINTING
PROFESSIONAL SERVICES 7/21/2023 29447 744.08
006472 MATTHEW BENDER & CO., INC.
SUPPLIES 7/21/2023 29448 655.12
011717 NICHOLE MCCOLLUM
REIMBURSEMENT-LUNCHEON FEES 7/21/2023 29449 150.00
011930 ALICE MILLNER
RECREATION FEE REFUND 7/21/2023 29450 40.00
011933 ANDY NAGLE
PROFESSIONAL SERVICES 7/21/2023 29451 4,750.00
007443 NUTRIEN AG SOLUTIONS
SUPPLIES 7/21/2023 29452 1,544.40
007585 OUTDOOR CREATIONS,INC.
EQUIPMENT 7/21/2023 29453 19,120.24
007608 OZZIE'S BMW CENTER
PROFESSIONAL SVCS & PARTS 7/21/2023 29454 452.38
007616 PACE ANALYTICAL SVCS., LLC
PROFESSIONAL SERVICES 7/21/2023 29455 209.88
007617 PACE ENGINEERING, INC.
PROFESSIONAL SERVICES 7/21/2023 29456 11,932.70
007630 PACIFIC GAS & ELECTRIC
UTILITIES 7/21/2023 29457 2,878.48
007669 PAPE MACHINERY
SUPPLIES 7/21/2023 29458 240.54
007854 BRYON PETERSON
PROFESSIONAL SERVICES 7/21/2023 29459 21.00
008129 PROMOTIONAL IMAGES
SUPPLIES 7/21/2023 29460 359.11
008241 RADER EXCAVATING, INC.
PROFESSIONAL SERVICES 7/21/2023 29461 22,123.23
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
008930 S.B.S.D.
REGISTRATION-ST AR KEY 7/21/2023 29462 389.00
011932 CANDY SAUCEDA
CLEANING DEPOSIT REFUND 7/21/2023 29463 75.00
009256 SCP DISTRIBUTORS, LLC
SUPPLIES 7/21/2023 29464 1,678.96
009321 HOPE $£TH
PROFESSIONAL SERVICES 7/21/2023 29465 2,100.00
009551 SHIELD REGIONAL TRAINING
TRAINING-BAILEY & HAMILTON 7/21/2023 29466 200.00
009564 SHN CONSULTING ENGINEERS AND G
PROFESSIONAL SERVICES 7/21/2023 29467 25,880.00
010134 STROUP'$ POWER EQUIP INC
SUPPLIES 7/21/2023 29468 271.32
010180 SUNBELT RENTALS, INC.
EQUIPMENT RENTAL 7/21/2023 29469 1,631.13
010367 THATCHER COMPANY, INC.
SUPPLIES 7/21/2023 29470 12,685.91
011866 UBEOWEST
MONTHLY LEASE 7/21/2023 29471 259.67
010732 UPS
SHIPPING FEES 7/21/2023 29472 30.00
011931 VALLEY TOXICOLOGY SERVICES, IN
PROFESSIONAL SERVICES 7/21/2023 29473 300.00
010874 VERIZON WIRELESS
PHONE CHARGES 7/21/2023 29474 3,452.94
VOID CHECK 7/21/2023 29475
WEB MADE LOCAL
011121 PROFESSIONAL SERVICES 7/21/2023 29476 1,000.00
·t)it/~ 175,946.34 {qr'/
i9nature Date
CHECK REGISTER
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
002634 CROWN MOTORS
VEHICLE PURCHASE 7/24/2023 29477 96,433.00
011929 ACME ANALYTICAL SOLUTIONS, INC
SUPPLIES 7/28/2023 29478 485.44
011765 AGILE OCCUPATIONAL MEDICINE, R
PROFESSIONAL SERVICES 7/28/2023 29479 370.00
000272 ALLIANT INSURANCE SVCS, INC.
INSURANCE 7/28/2023 29480 131.00
000322 AMERICAN FIDELITY ASSURANCE
INSURANCE PREMIUM-JUL 23 7/28/2023 29481 2,824.80
000323 AMERICAN FIDELITY ASSURANCE CO
CAFEERIA 125 PE 7/21/23 7/28/2023 29482 282.68
000440 ANDERSON ROTARY CLUB
MEMBERSHIP-MCDANIEL 7/28/2023 29483 175.00
000615 AT&T CALNET
PHONE CHARGES 7/28/2023 29484 62.91
001252 BOETHING TREELAND FARMS, INC
MATERIALS 7/28/2023 29485 996.60
011938 MICHAEL BUCK
BOOT ALLOWANCE 7/28/2023 29486 325.00
001750 CALIFORNIA SAFETY CO.
PROFESSIONAL SERVICES 7/28/2023 29487 84.00
002634 CROWN MOTORS
PARTS 7/28/2023 29488 9.44
002774 DARREN TAYLOR CONSTRUCTION
PROFESSIONAL SERVICES 7/28/2023 29489 3,439.00
002960 DEPARTMENT OF JUSTICE (SDU)
CASE 10#410000000045532 7/28/2023 29490 253.38
011937 DMV
REPLACEMENT PLATE 7/28/2023 29491 25.00
VENDOR NAME
DESCRIPTION
003447 ENPLAN
PROFESSIONAL SERVICES
003590 FASTENERS INC.
SUPPLIES
003592 FATOR'S MOTORCYCLES SALES, INC
PROFESSIONAL SVCS & PARTS
003618 FERGUSON ENTERPRISES, INC.
SUPPLIES
011934 MICHELE GARVIN
CLEANING DEPOSIT REFUND
004040 GENERAL TEAMSTERS #137
DUES FOR MONTH OF JUL-23
004205 GOODYEAR COMMERCIAL TIRE
PROFESSIONAL SVCS & PARTS
004811 HILLYARD, INC.
SUPPLIES
005111 INLAND BUSINESS MACHINES, INC
MONTHLY LEASE
005172 J.F. SHEA CONSTRUCTION, INC.
MATERIALS
011935 LAURA JAHNKE
SWIM LESSON REFUND
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS
006229 LYRO PRINTING
PROFESSIONAL SERVICES
006349 MARK ANTHONY NORIEGA
PROFESSIONAL SERVICES
CHECK CHECK CHECK
DATE NUMBER AMOUNT
7/28/2023 29492 2,400.00
7/28/2023 29493 314.83
7/28/2023 29494 413.95
7/28/2023 29495 2,885.78
7/28/2023 29496 350.00
7/28/2023 29497 2,471.00
7/28/2023 29498 898.51
7/28/2023 29499 1,528.58
7/28/2023 29500 271.53
7/28/2023 29501 752.90
7/28/2023 29502 45.00
7/28/2023 29503 4,601.75
7/28/2023 29504 209.14
7/28/2023 29505 433.23
7/28/2023 29506 2,500.00
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
006816 MIKE'S HEATING AND AIR, INC.
PROFESSIONAL SERVICES 7/28/2023 29507 2,495.31
011792 MISSIONSQUARE-302204
PLAN#302204 PE 7/21/23 7/28/2023 29508 3,270.00
007342 NORCAL RENTALS & SALES
EQUIPMENT RENTAL 7/28/2023 29509 1,077.50
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPUES 7/28/2023 29510 659.93
007616 PACE ANALYTICAL SVCS., LLC
PROFESSIONAL SERVICES 7/28/2023 29511 718.04
007630 PACIFIC GAS & ELECTRIC
UTILITIES 7/28/2023 29512 45.59
007669 PAPE MACHINERY
PARTS 7/28/2023 29513 353.13
009045 SAFEGUARD FIRE PROTECTION
PROFESSIONAL SERVICES 7/28/2023 29514 50.00
009988 STATE OF CALIFORNIA
ASSIGN OF WAGES PE 7/21/23 7/28/2023 29515 30.00
010134 STROUP'S POWER EQUIP INC
EQUIPMENT 7/28/2023 29516 3,163.85
010180 SUNBELT RENTALS, INC.
EQUIPMENT RENTAL 7/28/2023 29517 1,111.43
011936 SUNBLOCKERS, INC.
PROFESSIONAL SERVICES 7/28/2023 29518 199.00
010360 TEXAS LIFE INSURANCE COMPANY
INSURANCE PREMIUM-JUL 23 7/28/2023 29519 908.92
010518 TOMASINI BLACKSMITHING &
SUPPLIES 7/28/2023 29520 151.33
010696 UNDERGROUND SERVICE ALERT OF N
MEMBERSHIP-2023 & PROFESSIONAL SVCS 7/28/2023 29521 1,591.04 010732 UPS
SHIPPING FEES 7/28/2023 29522 30.00
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
010749 US BANK VOYAGER FLEET SYSTEMS
FUEL CHARGES 7/28/2023 29523 358.71
011939 DMH ENTERPRISES
PROFESSIONAL SERVICES 7/28/2023 29524 6,000.00
148,187.23
7/19/23 ACH PERS 61,979.55
For Payroll Ending 7 /7 /23
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
000272 ALLIANT INSURANCE SVCS, INC.
INSURANCE PREMIUM 8/4/2023 29525 422.00
000462 ANDERSON WALKIN MEDICAL CLINIC
PROFESSIONAL SERVICES 8/4/2023 29526 150.00
000499 AP TECHNOLOGY
SOFTWARE MAINTENANCE 8/4/2023 29527 210.00
000543 ARDENT SECURITY
PROFESSIONAL SERVICES 8/4/2023 29528 280.00
011945 SUMMER BENFER
CLEANING DEPOSIT REFUND 8/4/2023 29529 75.00
001224 STEPHEN BLUNK
CELL PHONE REIMBURSEMENT 8/4/2023 29530 75.00
001940 MELANIE CATANIO
PER DIEM-TRAINING 8/4/2023 29531 207.00
011877 MUANG CHAOPHAN
CLEANING DEPOSIT REFUND 8/4/2023 29532 350.00
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 8/4/2023 29533 703.77
002165 CITY OF REDDING
LIBRARY CONTRIBUTION 8/4/2023 29534 3,799.21
002983 DEPT. OF TRANSPORTATION
TRAFFIC SIGNAL MTNC #02-0041 8/4/2023 29535 1,482.99
011939 DMH ENTERPRISES
PROFESSIONAL SERVICES 8/4/2023 29536 6,000.00
011948 DOKKEN ENGINEERING
PROFESSIONAL SERVICES 8/4/2023 29537 60.00
011944 EMERGENCY LOGISTICS SERVICES
EQUIPMENT RENTAL 8/4/2023 29538 500.00
011720 ENLOE MEDICAL CENTER
PROFESSIONAL SERVICES 8/4/2023 29539 1,160.00
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
011883 ADAM FROEBER
CELL PHONE REIMBURSEMENT 8/4/2023 29540 75.00
003927 MIKE GALLAGHER
HEALTH INS. REIMBURSEMENT 8/4/2023 29541 1,028.00
011941 CHARLES GARCIA
BOOT ALLOWANCE 8/4/2023 29542 325.00
004318 PETER GRIGGS
PROFESSIONAL SERVICES 8/4/2023 29543 126.00
004592 HAVEN HUMANE SOCIETY
ANIMAL CONTROL SERVICES 8/4/2023 29544 8,607.42
005401 NICHOLAS JONES
CELL PHONE REIMBURSEMENT 8/4/2023 29545 75.00
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 8/4/2023 29546 10,573.20
005634 JEFF KISER
CELL PHONE REIMBURSEMENT 8/4/2023 29547 75.00
011716 RYAN KWIATKOWSKI
PER DIEM-TRAINJNG 8/4/2023 29548 261.00
011946 ERIN LUEVANO
REIMBURSEMENT-SUPPLIES 8/4/2023 29549 244.95
006229 LYRO PRINTING
PROFESSIONAL SVCS & SUPPLIES 8/4/2023 29550 5,115.50
011717 NICHOLE MCCOLLUM
CELL PHONE REIMBURSEMENT 8/4/2023 29551 75.00
011886 JENNIFER MCDANIEL
REIMB. CELL PHONE & RECORDING FEE 8/4/2023 29552 103.00 011942 AARON MEEKS
BOOT ALLOWANCE 8/4/2023 29553 325.00
006904 MITEL CLOUD SERVICES
PHONE CHARGES 8/4/2023 29554 1,738.55
007134 N.C.G.T. TRUST FUND
HEALTH INS. PREMIUM 8/4/2023 29555 113,344.00
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
007202 NCCSIF
INSURANCE PREMIUM 8/4/2023 29556 1,300.00
007238 NETSOUND
PROFESSIONAL SERVICES 8/4/2023 29557 32,990.00
007630 PACIFIC GAS & ELECTRIC
UTILITIES 8/4/2023 29558 105,467.29
VOID CHECK 8/4/2023 29559
007657 PAINT MART
SUPPLIES 8/4/2023 29560 89.25
007998 JON POLETSKI
CELL PHONE REIMBURSEMENT 8/4/2023 29561 75.00
008061 PRAIRIE SQUARES
PROFESSIONAL SERVICES 8/4/2023 29562 67.20
011940 QUICK QUACK CAR WASH
REIMBURSEMENT-IMPROVEMENTS 8/4/2023 29563 123,105.00
008270 NATHAN RAMIREZ
CELL PHONE REIMBURSEMENT 8/4/2023 29564 7S.00
008399 REDDING PRINTING COMPANY,INC
PROFESSIONAL SERVICES 8/4/2023 29565 88.62
008407 REDDING RECORD SEARCHLIGHT
ADVERTISING 8/4/2023 29566 676.50
011943 SHANDA SALAMY
CLEANING DEPOSIT REFUND 8/4/2023 29567 350.00
011947 THE FRONTMEN OF COUNTRY, LLC
PROFESSIONAL SERVICES 8/4/2023 29568 21,000.00
010754 US POSTAL SERVICE-CMRS-POC
METER POSTAGE ACCT #7552063 8/4/2023 29569 5,000.00
010771 AM ITV VALDEZ
PER DIEM-TRAINING 8/4/2023 29570 183.84
011858 ADAM WHELEN
CELL PHONE REIMBURSEMENT 8/4/2023 29571 75.00
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
011260 CHRISTY WHITE
CELL PHONE REIMBURSEMENT 8/4/2023 29572 75.00
011305 PETER WICKENHEISER
CELL PHONE REIMBURSEMENT 8/4/2023 29573 75.00
011620 YOUTH OPTIONS SHASTA
CONTRIBUTION 2023-2024 8/4/2023 29574 3,500.00
8/2/23 ACH PERS 62,092.20 451,759.29
For Payroll Ending 7 /21/23
k::: ffeature
To:
Through:
From:
Date:
I SUBJECT
AGENDA ITEM
!August 15, 2023, City Council Meetind
Jennifer ,v.....,_._,1el, Director o Operations and
Administration
Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
Jennifer McDaniel, Director of Operations and Administration August 15, 2023
Approval of Ordinance No. 856 regarding Rezone 23-01 - 2644 North St - Tails of Rescue in Kahoots
I RECOMMENDATION
Enact Ordinance No. 856 (second reading), for rezone 23-01 as introduced July 18, 2023 (first reading).
I PROJECT DESCRIPTION
The project applicant is requesting a Rezone of the project site from Highway Commercial (C2) which supports services to travelers, to General Commercial (Cl) to establish and operate a retail pet supply and animal rescue titled "Tails of Rescue in Kahoots" The project site is currently developed with an existing building containing two suites. One suite, 2,4 75- squarefeet, would be used to support the retail pet supply and the other suite, 1,665-square-feet, would be used to support the animal rescue. Rescue animals will be on-site only while the pet store is open for business. The project site has existing parking and landscaped area and all available utilities.
I ENVIRONMENTAL DETERMINATION
The proposed project, a Rezone has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to the General Rule CEQA Guidelines Section ITEM 6.8 PAGE 1 8/15/2023
15061(b)(3) where it can be seen with certainty that there is no possibility that the proposed rezone may have a significant effect on the environment. ! PROPOSED REZONE 23-01
The proposed amendment is to change the current Highway Commercial (C-2) zoning district to General Commercial (Cl). The proposed rezone would support the proposed development of a retail pet store. Uses of a retail business or services are permitted in C-1 districts; provided that all goods are displayed and sold and all services are performed within a completely enclosed building, except as otherwise permitted by the provisions of this section. AMC Section 17.18.020 specifically lists "Pet Shop" as a use permitted by right in the Cl district.
The current Highway Commercial (C2) Zone district is primarily oriented to service-related uses and similar uses offering service for tourists, highway travelers or visitors generally located near interchanges or through routes are permitted in C-2 districts. Those uses include auto parts and services, restaurants and cafes, sales and services for cars, RV's, boats, and manufactured homes, hotels and motels, and other similar uses which in the opinion of the Planning Commission are of a similar nature.
I CURRENT GENERAL PLAN AND ZONING
The project site is currently zoned Highway Commercial (C2), and the existing General Plan land use designation is Commercial (C) The site is surrounded by a variety of uses including lowdensity, single-family residences, vacant lands, and commercial businesses.
Surrounding land uses and zoning are as follows:
North: Vacant Land; Highway Commercial (C2) zoning district.
South: Maverik Fuel Station; Highway Commercial (C2) zoning district.
East: Single-family homes; Low-Density Residential (Rl) zoning district.
West: Vacant Land & Interstate 5; Highway Commercial (C2) zoning district
I SITE PLAN AND PROPOSED USE
The site plan and project description (See Attachment C) provided by the applicant indicate that the project site is developed with an existing building containing two suites. One suite, 2,475- square-feet, would be used to support the retail pet supply and the other suite, 1,665- squarefeet, would be used to support the animal rescue. Rescue animals will be on-site only while the pet store is open for business. The project site has existing parking and landscaped area and all available utilities.
I AGENCY COMMENTS AND PUBLIC NOTICE
Comments on the subject Rezone and proposed project were received from the City of Anderson AWPCP as an advisory notice that easy access to the private underground lift station on the property. The notice has been provided to the applicant and the current owner of the property.
A Memorandum was provided at the June 26 Planning Commission meeting including comments supporting rezone (RZ) 23-01 to establish the pet supply and dog rescue business "Tails of Rescue in Kahoots". Members of the public also attended the meeting for support.
ITEM 6.8 PAGE2 8/15/2023
A 10-day public hearing notice of the subject project was published in the Record-Searchlight and mailed notices were posted in accordance with noticing requirements provided in AMC Section 17.54.040 - Zoning Amendments. No public comments on the project have been received by the City Clerk at the time of this report.
I FINDINGS
Rezone:
The proposed Rezone from (C2) Highway Commercial to (Cl) General Commercial will not be detrimental or injurious to the general welfare of the city as the proposed Cl zone district is consistent with the current (C) Commercial General Plan and will not create a conflict with adjacent existing (C2) commercial uses or future uses. Other (Cl) zoned parcels are located in the near vicinity of the project site and the proposed use of the parcel will not conflict with the surrounding uses.
Environmental Determination:
Rezone has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section pursuant to CEQA Guidelines Section the General Rule CEQA Guidelines Section 15061(b)(3) where it can be seen with certainty that there is no possibility that the proposed rezone may have a significant effect on the environment.
I ATTACHMENTS
Ordinance No. 856
ITEM 6.8 PAGE3 8/15/2023
ORDINANCE NO. 856
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANDERSON
AMENDING THE ZONING ORDINANCE OF THE CITY OF ANDERSON, A PORTION OF
THE ZONING PLAN MAP
(REZONE 23-01 - TAILS OF RESCUE IN KAHOOTS)
The City Council of The City of Anderson Does Ordain as Follows:
SECTION 1. The following described real property is hereby rezoned from the Highway Commercial (C2) zone district to the General Commercial (Cl) zone district (as shown on Exhibit A, attached hereto and incorporated herein).
Assessor's Parcel Number (APN) 201-430-020-000. The proposed project area totals 0.34- acres, with a vacant commercial building, located at 2644 North Street SECTION 2. The City of Anderson finds that this Ordinance is not a "project" according to the definition set forth in the California Environmental Quality Act ("CEQA"), and, pursuant to CEQA Guidelines section 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this ordinance is therefore not subject to the provisions requiring environmental review.
SECTION 3. The City Clerk shall certify the adoption of this ordinance and shall cause it to be posted and/or published in accordance with the law.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Anderson held on July 18, 2023, and enacted at a regular meeting of the City Council of the City of Anderson held on August 15, 2023, by the following vote AYES:
NOES:
ABSENT:
ABSTAIN:
MIKE GALLAGHER, Mayor
ATTEST:
CHRISTY WHITE, City Clerk
AGENDA ITEM
!August 15, 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:
I SUBJECT
Jon Poletski, Chief of Police
August 15, 2023
Department of the California Highway Patrol/Cannabis Tax Fund Grant Program 1 RECOMMENDATION
The Chief of Police recommends that the City Council:
Consider adoption of a resolution accepting a grant in the amount of $21,299 from the California Department of California Highway Patrol, and authorizing the City Manager to sign the grant agreement and any amendments thereto.
I FISCAL IMPACT
The General Fund will increase by $21,299. Funds will be designated for law enforcement operations targeting impaired drivers on the roadway and may not be used to simply supplement the General Fund.
ITEM 6.9 PAGE1 08/15/2023
I DISCUSSION AND BACKGROUND
On February 22, 2023, Officer David Starkey submitted a grant application to the Department of California Highway Patrol under their Cannabis Tax Fund Grant Program for the purpose of reducing impaired drivers on the roadway within our city.
We are happy to report that on June 7, 2023, we received an award letter from the Department of California Highway Patrol announcing that Officer Starkey's application had been approved and the Anderson Police Department was awarded $21,299 from the Cannabis Tax Fund Grant Program. This additional funding will allow the Anderson Police Department to conduct two Driving Under the Influence (DUI) checkpoint operations and 12 DUI saturation patrols throughout the year.
A requirement for this grant award is a resolution from the governing body accepting the grant award and authorizing a designated official to act as a signatory on the grant. A copy of the proposed resolution authorizing the City Manager to sign the grant agreement and any amendments thereto is attached for your review and approval.
I ATTACHMENT
1. Resolution
2. Copy of Grant Application
ITEM 6.9 PAGE2 08/15/2023
ATTACHMENT 1
RESOLUTION NO. 23-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON
ACCEPTING A GRANT AWARD FROM THE
DEPARMENT OF CALIFORNIA HIGHWAY PATROL
FOR DRIVING UNDER THE INFLUENCE ENFORCEMENT
WHEREAS, The City of Anderson and the Anderson Police Department desires to undertake a certain project designated as "Enforcement of Driving Under the Influence" to be funded in part from funds made available through the Cannabis Tax Fund Grant Program administered by the Department of California Highway Patrol;
NOW, THEREFORE, BE IT RESOLVED that the City Manager of the City of Anderson is hereby authorized to execute on behalf of City Council of the City of Anderson the attached contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto.
IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and the Department of California Highway Patrol disclaim responsibility for any such liability.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
IT IS ALSO AGREED that this award is not subject to local hiring freezes.
PASSED AND ADOPTED by the City Council of the City of Anderson this 18th day of August, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Michael Gallagher, Mayor of the City of Anderson
ATTEST:
Christy White, City Clerk
State of California Award Number
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL 12919
GRANT AGREEMENT - Page 1
1. GRANT TITLE
FY23/24 CTFGP Law Enforcement -Anderson Police Department
2. NAME OF ORGANIZATION/AGENCY
Anderson Police Department
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
Anderson Police Department
4. PROJECT PERFORMANCE PERIOD 1 s. PURCHASE ORDER NUMBER From: 07/01/2023 To: 06/30/2024
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve Agency's effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $21,299.00
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee's Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A - Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B - Detailed Budget Estimate
• Schedule B-1 - Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY B. AUTHORIZED OFFICIAL OF CHP Name: Jeff Kiser Name: Evan Robinson Phone: (916) 843-4360 Title: City Manager Title: Captain Fax: (916) 322-3169
Phone: (530) 378-6646
Address: 1887 Howard Street, 3rd Floor Address: North 7th Street Anderson, CA 96007 Sacramento, CA 95811
E-Mail: [email protected] E-Mail: [email protected] (Signature) (Date) (Signature) (Date)
C. ACCOUNTING OFFICER OF CHP 10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE Name: C. M. Jones Phone: (916) 843-3531 REIMBURSEMENT PAYMENTS Title: Commander Fax: (916) 322-3159
Name: Liz Cottrell
Address: North 7th Street Title: Assistant City Manager/ Finance Director Sacramento, CA 95811 Phone: (530) 378-6646
E-Mail: [email protected] Address: 1887 Howard Street, 3rd Floor Anderson, CA 96007
(Signature) (Date)
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State's obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and wilt not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term "force majeure" shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee's control which would excuse the Grantee's performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee's staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics). sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement. or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its "Active" status with the California Secretary of State, maintain its "Current" status with the California Attorney General's Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its "Active" status with the California Secretary of State, maintain its "Current" status with the California Attorney General's Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
TERMS AND CONDITIONS
0. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest. and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment. no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with
TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor's office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles - The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.
Schedule A
Anderson Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase. Grantees shall not exceed the travel rates paid to exempt, excluded, and represented State of California employees and will be reimbursed at the State travel rates. Any costs beyond State travel rates will be at the expense of the Grantee.
Project Description
This is the Anderson Police Department's first application for this grant. We have seen an increase in marijuana-related DUI offenses in the city and based on collision statistics we have a large problem with DUIrelated collisions. DUI, both alcohol and/or drug, is the #1 primary collision factor in our city by 50% above the second highest factor. We believe an increase in officer presence on the roadways will increase the detection rate of these offenses, and to this end we are requesting funds for 12 total DUI saturation patrols. We have seen the effect of DUI checkpoints when they are shared on social media and people discuss them prior to and after the fact and believe this awareness offsets the lower effectiveness of the checkpoints in terms of DUI arrests. Therefore, we are requesting funds for 2 DUI checkpoints. We are already sending officers to trainings such as ARIDE and DRE and do not need additional funds for these activities. We believe this increase in extra officers on the roads performing saturation patrols and DUI checkpoints will increase detection, DUI arrests. and increase awareness of the dangers of drunk and drugged driving in our community.
Problem Statement & Proposed Solution
Background:
The City of Anderson is a residential community located in the southern portion of Shasta County. Within the City of Anderson, there is Interstate 5 and State Route 273. Currently the City of Anderson has a population of approximately 11,323 (2020). The City of Anderson is home to the Shasta District Fairgrounds, one of only two Walmart Super Centers in the region, and the Shasta Gateway Retail Outlets. The city sits approximately 4 miles south of the Win River Casino & Resort located on State Route 273. In addition to gambling and dining, the casino hosts events such as concerts, comedy shows. and MMA/Boxing matches. The resort is open 24 hours a day, 365 days a year. The traffic statistics related to the casino impacts show an increase in collisions as well as impaired drivers. All visitors of the resort from the south must pass through our city on Highway 273 or from Ox Yoke Road. There are two bars within the city limits. The Union Pacific Railroad travels through the City of Anderson with four light controlled intersections and one uncontrolled intersection.
With the recent passing of AB 109 and Propositions 47 & 57, there has been an increase in violent crimes and calls for service for patrol. We have seen, year after year, serious offenders be released from our local jails, re-offend in our community, and cause a situation where we cannot seem to keep them off the streets.
Due to these issues, Officers are seeing limited time for general traffic enforcement and are required to put calls for service ahead of those proactive duties. This has been the case for many years and does not seem to be letting up.
Problem:
With COVID-19 finally past us, more drivers are again out on the road and the city has seen collisions on a steady upward rise:
In 2020, we had 194 total collisions in the city, 36 of which were injury or fatal.
In 2021 we had 244 total collisions, with 52 of which were injury or fatal. ln 2022 we had 331 total collisions, with 28 of which were injury or fatal.
For a city size of just over 11,000 people, these are very high collision numbers, and the upward trend is concerning.
Schedule A
2020, 2021, and 2022 statistics show the need for attention on traffic related matters. In 2020, Anderson had an OTS ranking of 18/103 for total fatal/injury crashes, and speed OTS ranking of 8/103. In 2021 through 2022 the data is trending even worse. These numbers are even more significant due to the "E" city population gap being 10,000 to 25,000, and our city only having a population of 11,181. This puts Anderson as one of the most unsafe cities in the state with regards to traffic safety concerns. The City of Anderson experiences more traffic-related concerns than one would expect of the population size, but these offenses are directly related to the surrounding abnormal circumstances listed above, such as a nearby casino, two major traffic routes, and two major shopping centers.
DUI drivers are a major concern. In 2020, there were 118 23152 VC calls for service violations, in 2021 there were 142, and in 2022 there were 109. DUI is a serious problem affecting the safety on Anderson roads. DUI drivers cause the largest portion of the injury collisions in the city and are the majority of single-vehicle collisions as well. Our #1 PCF is DUI, with the second plate being unsafe speed, however DUI is double the number of collisions as unsafe speed. To counter this safety trend on our roadways we need to address the entire need, not just part of it. For this reason, we are applying for OTS grants and Cannabis grants all in an effort to protect and serve our citizens with the issues they and we are facing.
Proposed Solution:
We are proud to share we participate with Redding Police, Shasta County Sheriff's Department, CHP, and MADO on our traffic efforts. We participate and assist them and they in turn assist us with DUI checkpoints, traffic enforcement, saturation patrols, and planning efforts. With this partnership we can multiply our efforts with no increased cost to our city.
Since October 2020, the City of Anderson funded a full-time Traffic Officer to help combat these trends and to help coordinate the OTS grants and hopefully now the Cannabis grant. We are proud and grateful to have received OTS grants for three years in a row. We are hopeful to begin receiving Cannabis grant funds.
Despite these grants and the efforts of the city to promote safety, our city is seeing increasing and sustained traffic safety problems as outlined in the raw numbers in this problem statement. We know having more officers out in view and detecting DUI and drugged drivers is an integral part of solving this issue of traffic safety in our community.
We are requesting funds for twelve 8-hour DUI saturation patrols for a single officer and two 7 hour DUI checkpoint operation funds with funding for approximately 10 personnel. We believe these operations and checkpoints will help combat the upward trend we are experiencing and help show our officers and community we are serious about the dangers of DUI and traffic safety.
Performance Measures/Scope of Work
GOAL:
1. Conduct 12 DUI saturation overtime details consisting of 1 officer for 8 hours during target-rich times and dates.
2. Conduct 2 DUI/DL checkpoint overtime operations consisting of approximately 10 officers for 7 hours each at locations and during times which are statistically significant for the prevention of DUI/DL violations, and which affect the greatest number of potential offenders.
TIMELINES:
1. Conduct an estimated 1 DUI saturation patrol each month throughout the 12 month grant activity period.
2. Conduct 1 DUI checkpoint during the winter months and 1 DUI checkpoint during the summer months.
PERFORMANCE METRICS:
1. Reduce the number of DUI collisions by at least 25% and increase the number of annual DUI arrests by at least 25%.
2. Reduction of DU1 collisions and increase awareness of the dangers of DUI or DUID driving through vehicle contacts and social media press releases.
Schedule A
Project Performance Evaluation
The Anderson Police Department's Record's Division already compiles monthly statistics and quarterly statistics to comply with current ongoing grant activities through OTS.
Using this established procedure, Records will create a new statistics report monthly and quarterly which will be provided to the Grant Coordinator {Traffic Officer Starkey A228).
The Grant Coordinator will release quarterly and annual statistics to all department members and report as required to this Cannabis grant program all metrics collected during operations and with regard to the City as a whole.
Program Sustainability
The Anderson Police Department and the City of Anderson have spent significant funds to increase staffing of our department over the last five years. We now are proud to say the police department has the highest number of active officers of any time in the history of the city. The City has increased officer pay over 50% in the last five years for retention reasons and to catch up with the average wage for officers in the area.
Due to these above increases in the city budget in the area of Public Safety, the overtime budget has not yet caught up proportionally with the number of officers. For this reason, we are seeking grant funds to offset this shortfall until the budget can be increased. The City expects grant-funded overtime traffic activities to not be a permanent solution. We believe it is a vital part of immediately addressing the needs of the City and to be of great benefit.
Administrative Support
The Anderson Police Department as well as the City of Anderson have managed grants for years. Our Traffic Specialist has managed sequential OTS grants since 2020 (3 years in a row) and the traffic supervisor has the same experience. We already have payroll procedures in place as well as timesheet management programs to separate grant spending from regular spending. We have enough staffing to man the overtime operations, and we already have most of the equipment needed to complete DUI saturation patrols or DUI checkpoints. We have a recently renovated DUI trailer complete with signs, light towers, cones, and so forth with which to man DUI checkpoints.
Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
12919 Anderson Police Department $21,299.00
Cost Category Line Item Name Total Cost to Grant
Personnel
DUI Checkpoint $12,635.00
DUI Saturation Patrol $8,664.00
Category Sub-Total $21,299.00
Grant Total $21,299.00!
Schedule B-1
Budget Narrative
Anderson Police Department
Personnel
DUI Checkpoint
$12,635.00
2 DUI Checkpoints, each with 10 officers per DUI Checkpoint for 7 hours each. Average overtime rate of $90.25 per hour. 10 officers at $90.25 per hour for 7 hours each= $6,317.50 per checkpoint. which is a total of $12,635 for this line item.
DUI Saturation Patrol
$8,664.00
12 DUI Checkpoints, each with 1 officer per patrol for 8 hours each. Average overtime rate of $90.25 per hour. 1 officers at $90.25 per hour for 8 hours= $722 per patrol, which for 12 patrols is a total of $8,664 for this line item.
To:
Through:
From:
Date:
I SUBJECT
AGENDA ITEM
!August 15, 2023, City Council Meetin~
Approved for Submittal By:
To Be Presented By:
Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
Adam Whelen, Public Works Director
August 15, 2023
Notice of Completion of the 2022 Pavement Repair Project
I RECOMMENDATION
The Public Works Director recommends that the City Council:
Direct the Public Works Director to prepare and record a Notice of Completion for the 2022 Pavement Repair Project.
I FISCAL IMPACT
The project is being funded by Gas Tax revenue. The total project cost was $227,327.02.
ITEM 6.10 PAGE1 8/15/2023
I DISCUSSION and BACKGROUND
On October 4, 2022, Council awarded the contract for the 2022 Pavement Repair Project to Darren Taylor Construction from Anderson in the amount of $197,675.67 and authorized staff to issue change orders in an amount not to exceed 15% of the bid amount for a total construction authorization of $227,327.02.
The City has an ongoing pavement maintenance program to maintain the integrity of the streets and to prevent costly catastrophic pavement failures. The 2022 Pavement Repair project repaired and maintained 4 locations within the City. The project included pavement replacement on Mill Street, Howard St, Riverside Dr and overlaying North Bailey, East Bailey, and West Bailey.
A notice of completion is recorded in accordance with California Civil Code Section 8182 and should be recorded within 15 days of project completion. The recorded notice is an important milestone for any stop payment notices or payment bond claims that can be made by the construction contractor's material suppliers and equipment lessors.
Having completed the project, the Public Works Department is now ready to record the Notice of Completion with Shasta County.
I ATTACHMENT
1. Notice of Completion
ITEM 8.9x PAGE2 8/15/2023
RECORDING REQUESTED BY:
City of Anderson
Public Works Department
WHEN RECORDED RETURN TO:
City of Anderson
City Clerk's Office
1887 Howard St.
Anderson, CA 96007
No Fee Document
GC 6103
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Anderson, a Municipal Corporation, as the owner of the real property hereinafter described, caused improvements to be made thereon, to wit:
2022 Pavement Repair Project (Project Number 2022-06).
The work of improvement on the real property was completed on July 23, 2023.
The City of Anderson is the sole owner of the work of improvement and the real property.
The work of improvement and real property is situated in the City of Anderson, County of Shasta, State of California, and is more particularly described as follows:
2022 Pavement Repair Project in the City of Anderson, County of Shasta, San Buena Ventura Grant, Range 4 West, Township 30 North.
The name of the Contractor who performed the work and improvements is as follows:
Darren Taylor Construction Inc.
19672 North Hirsch Court
Anderson, CA 96007
Dated: August _, 2023.
CITY OF ANDERSON
By: _________________ _
Adam Whelen, Public Works Director
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Adam Whelen, Public Works Director City of
Anderson, County of Shasta, State of California
City of Anderson
Proclamation
HONORING JEFF KISER FOR FOURTEEN YEARS OF SERVICE
TO THE CITY OF ANDERSON
ON THE OCCASION OF HIS RETIREMENT
WHEREAS, Jeff Kiser began working with the City of Anderson on May 8, 2009; and WHEREAS, during his tenure with the City of Anderson, Jeff has served as Public Works Director, Assistant City Manager and City Manager; and
WHEREAS, Jeff has been responsible for overseeing the construction of the 15 off ramp at Deschutes Road, the Roundabout, The River Splash and the Amphitheater Renovation and several Parks projects; and growing the Mosquito Serenade and Christmas in Anderson to the much loved events they are today; and
WHEREAS, Jeff has been active in our Anderson Community participating in Anderson Rotary, Anderson Kiwanis, Anderson Explodes, Mosquito Serenade and Christmas in Anderson; and
WHEREAS, staff will never have to fear April 1st again; WHEREAS, Jeff will never have to wonder why all staff wears a bracelet with the initials WWJD (what would Jeff do); and
WHEREAS, Jeff will forever be known as the only City Manager to explain to Council he did not want events to go cattywampus; and
WHEREAS, Jeff is retiring from the City of Anderson on August 18, 2023, after fourteen years NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anderson, on behalf of the staff, citizens, community organizations and businesses, does hereby acknowledge, honor, and appreciate Jeff Kiser for his fourteen years of service with the City of Anderson and does hereby collectively wish him a safe and healthy retirement.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Corporate Seal of the City of
Anderson to be affixed this 15th day of August
2023.
Mike Gallagher, Mayor of the City of Anderson
AGENDA ITEM
!August 15, 2023, City Council Meetingj
Approved for Submittal By:
To Be Presented By:
- To:
From:
Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
Date: August 15, 2023
I SUBJECT
A resolution updating the names of the employees who are authorizing Investment of City monies in Local Agency Investment Fund
I RECOMMENDATION
The City Manager recommends that the City Council:
Consider adopting a resolution updating City officers to direct investment of City monies in Local Agency Investment Fund.
I FISCAL IMPACT
There is no fiscal impact currently until SOQs have been received, this will be brought back at a future council meeting.
I DISCUSSION and BACKGROUND
The City has invested cash that is not immediately needed for operations in the State of California Local Agency Investment Fund. This fund is professionally managed by the State Treasurer's Office and meets the city's requirements for safety, liquidity and yield. The State Treasurer's Office requires the City Council adopt a resolution identifying those employees who are authorized to make deposits and withdrawals from the Local Agency ITEM 8.3a PAGE1 08/15/2023
Investment Fund. The City Council last adopted such a resolution in 2008 and considerable staffing changes have occurred since.
!ATTACHMENTS
Resolution
ITEM 8.3a PAGE2 08/15/2023
RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON,
AUTHORIZING INVESTMENT OF CITY MONIES
IN LOCAL AGENCY INVESTMENT FUND
WHEREAS, pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein is in the best interests of the City.
NOW THEREFORE, BE IT RESOLVED, that the City Council does hereby authorize the deposit and withdrawal of City monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard.
BE IT FURTHER RESOLVED that the following City officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund:
Jon Poletski
City Manager
Signature
Christy White
City Clerk
Signature
Cindy Wheeler
Finance Director /Treasurer
Signature
PASSED AND ADOPTED, by the City Council of the City of Anderson, County of Shasta, State of California on August 15, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Michael Gallagher, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
August 15, 2023, City Council Meeting I
Approved for Submittal By:
..
To:
Through:
Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
Date: August 15, 2023
I SUBJECT
Appointment of City of Anderson appointee to the Economic Development Corporation of Shasta County
I RECOMMENDATION
Appoint Michelle Nystrom as the City of Anderson's representative on the Shasta County Economic Development Corporation Board of Directors for a term ending 2023.
!FISCAL IMPACT
There is no fiscal impact of this action. The City of Anderson is entitled to appoint one member to its Board of Directors.
I DISCUSSION and BACKGROUND
The Anderson City Council appoints one member of the Board of Directors of the Shasta County Economic Development Corporation (EDC).
The appointment of Michele Nystrom will complete the term ending in 2023.
ITEM 8.3b PAGE1 8/15/2023
AGENDA ITEM
!August 15, 2023 City Council Meeting!
Approved for Submittal By:
To:
From:
Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
Date: August 15, 2023
!SUBJECT
Official Voting Delegate to League of California Cities Annual Conference for 2023.
I RECOMMENDATION
The City Manager recommends that the City Council:
Authorize an Official Voting Delegate at the League of California Cities Annual Conference September 20-22, 2023 that will be held in person at the Sacramento Convention Center.
I FISCAL IMPACT, DISCUSSION and BACKGROUND
There is no fiscal impact of the proposed action.
I ATTACHMENTS
2023 Annual Conference Voting Delegate\Alternate Form.
ITEM 8.3c PAGE1 8/15/2023
LEAGUE OF
CALIFORNIA
CITIES
Council Action Advised by August 28, 2023
DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Sept. 22. the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates. one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Please complete the attached voting delegate form and email It to Cal Cities office no later than Monday, August 28.
New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.
Please view Cal Cities' event and meeting policy in advance of the conference.
Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.
Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
I l()O K Str eet, Suile ,\00 Sc,crc:rne•ilo, CA 9~,81-: • 916 658 8?00 • ccilcitres o,g 1 I
LEAGUE OF
CALIFORNIA
CITIES
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cltles website.
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may no t transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to 1he individual in possession of the voting card and with a special sticker on the1r name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:
Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p .m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m .. but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at zseols~ calcities.org.
Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly 1,100 K Slieet. Suite '<00 Socrorne11l0, CA 9581;; • 916 658 8?00 • cc:lc1t 1es org
LEAGUE OF
CALIFORNIA
CITIES
General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool: and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
I ,:oo K S Ii eet. Sui le ,100 Sc.e r c r ne·1 to. CA 9 58 I r. • 91 (, (,58 8200 • colcd1es 0 1 g
LEAGUE OF
CALIFORNIA
CITIES
CITY: _________ _
2023 ANNUAL CONFERENCE
VOTING DELEGATE/ ALTERNATE FORM
Please complete this form and return It to Cal Cities office by Monday, August 28, 2023.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.
1. VOTING DELEGATE
Name:
------------
Title: ____________ _
2. VOTING DELEGATE • ALTERNATE
Name: ___________ _
Title:-------------
Email:
Email: ___________ _
3. VOTING DELEGATE · ALTERNATE
Name: __________ _
Title: ___________ _
Email: _ _ ________ _
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).
Name: ______________ Email: ____________ _
Mayor or City Clerk: _ _ _______ Date: ____ Phone: _____ _ (circle one) (signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.
LEAGUE OF
CALIFORNIA
CITIES
How it works: Cal Cities
Resolutions and the General Assembly
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here's how Resolutions and the General Assembly works.
Prior to the Annual Conference and Expo
General Resolutions
Sixty days before the
~ Annual Conference and
Expo. Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must hove the concurrence
of at least five additional member cities
or individual members.
Policy Committees
• e • The Col Cities President
Q assigns general resolutions
to policy committees where
members review. debate,
and recommend positions for
each policy proposal. Recommendations ore
forwarded to the Resolutions Committee.
During the Annual Conferenc~ and Expo
Petitioned Resolutions
The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.
General Assembly
Resolutions Committee
• • • The Resolutions Committee
Q considers all resolutions.
General Resolutions approved'
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutcons not approved,
or referred for further study by both a polic y
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.1
•·
During the General Assembly, vo ting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.
Potential Col Cities bylaws amendments ore also
considered at this meeting.
What's new in 2023?
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will toke place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.
The Resolution Committee can amend a general rex,lutlon prior to sending it to the General Assembly. ' Petitioned Resolutions may be disqualified by the Resotut,oni Committee according to Co l Cities Bylaws Article VI. Sec. 5(1). for more Information vlsH www.calcHies.org/general-assembly Who's who
Cal Cities policy
development is o
member-informed
process. grounded
in the voices and
experiences of city
officials throughout
the state.
The Resolutions
Commfftee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
ore appointed by each
member city; every city
has one voting delegate.
The General Assembly
is a meeting of the
collective body of
all voting delegates -
one from every
member city.
Seven Polley
Commfftees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Col
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.
AGENDA ITEM
August 15, 2023, City Council Meeting I
Approved for Submittal By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
Date: August 15, 2023
lsueJECT
Updating the fees for newly renovated Amphitheatre
I RECOMMENDATION
Consider adoption of a Resolution establishing an increased fee for the newly renovated Amphitheatre.
!FISCAL IMPACT
The fiscal impact to the General Fund is estimated to be $9000 taking into account how often the amphitheater was rented over the 22-23 fiscal year.
I DISCUSSION and BACKGROUND
The amphitheater renovation project was initiated to address the following key objectives:
1. Enhance Community Experience. The primary purpose of the amphitheater is to provide a venue for concert events and other artistic performances. The renovated amphitheater offers improved amenities to support a diverse range of activities, ensuring a more enriching experience for the community.
ITEM 8.3d PAGE1 8/15/2023
2. Infrastructure Upgrades. The renovation involved updating the infrastructure, including stage, roof, and lighting features. These improvements have significantly elevated the quality of events to be hosted at the amphitheater.
The proposed increase in fees is essential to establish sustainable funding that will ensure the continued maintenance and operational expenses of the amphitheater. Regular maintenance is necessary to preserve the facility's value and provide a positive experience to event organizers and attendees.
Council would need to approve the updated fee to increase the amphitheater rental.
Currently, staff are recommending the following fees.
Amphitheatre (includes KC#l) - no power, no lights
Amphitheatre (includes KC#l) - w /limited power and lights Amphitheatre (includes KC#l) - w / limited power and lights Ticketed Events/Cost to Attend Events/Open to the Public Amphitheatre Refundable Deposit Fee
(May be waived at Community Services Director's discretion.)
I ATTACHMENT
Proposed Resolution
ITEM 8.3d PAGE2
$500.00/day
$800.00/day
$2000.00/day
$750.00/event
8/15/2023
ATTACHMENT 1
Resolution No. 23-_
A Resolution of the City Council of the City of Anderson Establishing rental rates the Amphitheatre
WHEREAS, the City Council of the City of Anderson has reviewed a request to establish rates for rental of the Amphitheatre; and
WHEREAS, the City Council agrees that the changes are needed and now wishes to establish rates for rental of the Amphitheatre; NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Anderson, establishes rates for rental of the Amphitheatre as identified in follows:
Amphitheatre (includes KC# 1) - w /limited power /lights Ticketed Cost Event O en to Public
Amphitheatre Refundable Deposit Fee - may be waived at Community Services Director discretion
$500.00 da
$800 da
$2000 da
$750 event
PASSED AND ADOPTED by the City Council of the City of Anderson on this 15th day of August 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mike Gallagher, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
!August 15, 2023, City Council Meeting I
Approved for Submittal By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
From: Adam Whelen, Public Works Director
Date: August 15, 2023
I SUBJECT
Approval of the Final Map and Subdivision Improvement Agreement for East Street Industrial Subdivision
I RECOMMENDATION
The Public Works Director recommends that the City Council take the following actions:
1. Authorize the City Manager to enter into a subdivision agreement with ANDERSON B&B LLC for improvements for East Street Industrial Subdivision; and
2. Approve the Final Map for East Street Industrial Subdivision and direct the City Clerk to file the Final Map with Shasta County.
!FISCAL IMPACT
There will be cumulative fiscal impacts on all City departments due to increased public infrastructure, increased use of existing City infrastructure, and increased need for staff services.
The project, upon commercial development, will generate the following:
• Increased property tax revenues due to land value increases. • Permit fees that cover a portion of the City's costs to provide permitting services.
ITEM 8.9 PAGE1 08/15/2023
• Development impact fees that cover a portion of the City's costs to provide expanded infrastructure.
• Increased state gas-tax funds due to increased vehicular travel that will cover a portion of the City's costs to maintain roadway systems. • Water and sewer service charges that cover the costs of the services. • Street lighting and traffic signal tax revenues that cover most of the electrical energy costs for street lighting and traffic signals electrical energy costs.
I DISCUSSION and BACKGROUND
On February 16, 2021, the Planning Commission approved the East Street Industrial Tentative Map 19-01. Originally the Tentative Parcel Map was for creating fifteen lots in the original approval from February 16, 2021. At the developer's request and with support from City staff, Tentative Parcel Map 19-01 was amended by Planning Commission on March 27, 2023, to adjust the number of lots from fifteen to ten.
This Parcel Map 19-01, combined with Parcel 08-01 for Eric Dunton's part recorded on October 9, 2008, defines the extent of the East Street Industrial Subdivision. As the Northerly twelve lots have already been recorded, this map only pertains to the ten lots to the South, which the Developer has bundled into one development.
The developer, Anderson 8&8 LLC., has submitted a Final Map for the East Street Industrial Subdivision consisting of ten lots consistent with Tentative Parcel Map 19-01 and all other required data, which has been checked and approved by various City departments and the City's consultant Land Surveyor. City Staff and City's consultant Engineer and Land Surveyor approved the map for final signature on July 10, 2023.
The developer has agreed to the execution of a subdivision improvement agreement to complete the public improvements as allowed by Chapter 16 of the Anderson Municipal Code. The subdivision improvement agreement requires the developer to submit security that the City will hold until the subdivision improvements and associated warranty period are completed.
I ATTACHMENT
1. Proposed Subdivision Improvement Agreement, which includes the following Exhibits:
a. Proposed Final Map
b. Approved Improvement Plans dated 06/05/2023.
,_ Placeholder to append the Evidence of Security upon receipt.
2. Approved Tentative Subdivision Map PM 19-01
ITEM 8.9 PAGE2 08/15/2023
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OWNER
INSIGNIA BUILDERS
1643 TAltOE COURT
REDDING, CA '6003
ENGINEER
D<JAIIE K, MILLER
CMl ENGINEER, INC. PO BDX 1307
ANDERSON, CA 98007
PROJECT ADDRESS
V&CAIIT PARCllS
l'.AST$TRRT
ANDERSON, CA 98007
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PARK UNIT2
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'"" INSIGNIA BUILDERS
BY
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6112 M(l$f(R WAY, UNll 1
PO eox 1301 ANOCRSON. CA 96007
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TENTATIVE PARCEL MAP 19·01
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DCIANE K. JIil.i.ER
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TENTATIVE PARCEL MAP 19·01
8(JNC A POftnON Of THE NII' 1/ • or sccnOH 26. TOYINSH>P JO NORTH, RANCE 4 ~ ST M.O.M., SITVATEO IN TH£ CITY or ANOtRSON, COUNT'I' or SHASTA, STATE Dr CAUF()RNIA 2/ 1~/'102J
rOR
/NS/CN/A BUILDERS
BY
DUANE K. MIUE/1
CML ENC/NEER, INC. '617? ME'.ISTIR WAY, UNIT l
Po em: 1J07 ANDERSON, CA 96007
\'30) l65-561Q
SCALE" 1· • 60" SHEET l or l
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
CITY OF ANDERSON
1887 Howard Street
Anderson, California 96007
ATTN: City Clerk
(Exempt from Recording Fees -Government Code§ 27383)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SUBDIVISION IMPROVEMENT AGREEMENT
FOR COMPLETION OF PUBLIC IMPROVEMENTS
EAST STREET INDUSTRIAL SUBDIVISION TSM 19-01
between
THE CITY OF ANDERSON
a California municipal corporation
and
ANDERSON B & B, LLC, a California Limited Liability Company
SUBDIVISION IMPROVEMENT AGREEMENT
FOR COMPLETION OF PUBLIC IMPROVEMENTS
EAST STREET INDUSTRIAL SUBDIVISION TSM 19-01
I. PARTIES AND DATE.
This Subdivision Improvement Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this __ day of ____ , 2023, by and between the CITY OF ANDERSON, a California municipal corporation (''City") and the ANDERSON B & B, LLC, a California Limited Liability Company with their principal office located at 1643 Tahoe Court, Redding. 96003, California ("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the ··Parties.'' II. RECITALS.
A. Developer's tentative subdivision map for real property located within City, a map of the property is attached hereto as Exhibit "A" {"Property"), was conditionally approved by the Anderson Planning Commission at their March, 27, 2023 meeting. The tentative subdivision map is identified in City records as the East Street Industrial Subdivision, TSM 19- 0 I ('·Map").
B. Developer is the owner of Property, and Developer proposes to do and perform certain work of improvement thereon as set forth in this Agreement.
C. Developer would like to record a final subdivision map for East St Industrial which relates. to the subdivision proposed by Developer's Map for the Property.
D. Developer has not completed all of the work or made all of the public improvements required by Chapter 16 of the Anderson Municipal Code, the Subdivision Map Act (California Government Code Section 66410, et seq.) (''Map Act"), the conditions of approval for the Map, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.
E. Pursuant to Chapter 16 of the Anderson Municipal Code and the applicable provisions of the Map Act. Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for the Map.
F. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final subdivision map for East Street Industrial Subdivsion.
III. TERMS.
1.0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and 2 in the amounts required by this Agreement; (b) Developer executes this Agreement; and (c) the City Council of the City of Anderson ("'City Council") approves this Agreement. [f any of the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final subdivision for East Street Industrial Subdivsion until all improvements have been completed.
1.1 Definitions. For purposes of enforcing this Agreement, the term "City" shall include, but shall not be limited to, City Council, Public Works Director. City Engineer, Community Development Director, Building Official, or any of their authorized representatives.
City shall have the sole and absolute discretion to determine which public body, public official, or public employee may act on behalf of City for any particular purpose.
2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of the Map, including, but not limited to, all grading, roads, paving, curbs and gutters, storm drains, sanitary sewers, water mains. utilities, drainage facilities, street lights, gates. barricades, emergency access facilities and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for the Map ("Public Improvements''). The Public Improvements are more specifically described in Exhibit ''B", approved by the City Engineer on July 10, 2023, which is attached hereto and incorporated herein by this reference. Developer agrees to provide all equipment, tools. materials, labor, tests, design work. engineering services, off-site easements and utility service agreements necessary or required by City to fully and adequately complete the Public Improvements.
2.1 Prior Partial Construction of Public Improvements. Subject to Section 2.3, herein, where construction of any Public Improvements has been partially completed prior to the execution of this Agreement, Developer agrees to complete such Public Improvements or ensure their completion in accordance with this Agreement.
2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public [mprovements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
2.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans, specifications, estimates. and security for such Public Improvement have been submitted to and approved by the City Engineer. the City Attorney, or their authorized designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.
2.4 Quality of Work: Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state, and local laws. ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved 3 maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
2.S Standard of Performance. Developer and its contractors, if any. shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the work. and that such licenses, permits, qualifications, and approvals shall be maintained throughout the term of this Agreement.
2.6 Alterations to Improvements. The Public Improvements in Exhibit --s•· are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City.
Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer's surety for this Agreement.
3.0 Maintenance of Public Improvements Prior to Acceptance by City. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements. or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City's acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City.
4.0 Construction Schedule. Unless extended pursuant to this Section of this Agreement. Developer shall fully and adequately complete or have completed the Public Improvements by June 30, 2024. At least fifteen ( 15) days prior to the commencement of such work. Developer shall notify the City Engineer or Designee in writing of the date fixed by Developer for commencement of the work.
4.1 Extensions. Time is of the essence with regard to this Agreement. The City Council may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. Requests for extension of time shall be in writing and shall be delivered to City in the manner hereinafter specified for service of notices.
An extension of time, if any. shall be granted only in writing, and an oral extension shall not be valid or binding on City.
4 It is understood that by providing the security required by this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waive any and all right to notice of such extension(s). Developer's acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder.
In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement. including, but not limited to, the construction standards, the cost estimates approved by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion.
4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer's intent to abandon or otherwise not complete required or agreed upon Public Improvements.
4.3 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.
5.0 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of the Property shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements including, without limitation, City's stormwater and grading regulations, the National Pollutant Discharge Elimination Systems (NPDES), and stormwater regulations thereunder as administered by the State Water Resources Control Board and Regional Water Quality Control Boards. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public lmprovements established by this Agreement, and prior to City's approval and acceptance of the Public Improvements and release of the Security as set forth in this Agreement.
Developer further agrees that the indemnification as set forth in this Agreement shall extend to and include any and all grading contemplated by this Agreement, including but not limited to, any partial or rough grading work.
6.0 Utilities. Developer shall assume all costs for and shall provide utility services, including water, power, gas, sewer, and telephone service to serve each parcel, lot, or unit of land within the Property in accordance with all applicable federal, state. and local laws, rules, and regulations, including, but not limited to, the regulations, schedules, and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to. the requirements of the cable company possessing a valid franchise with City to provide such service within City's jurisdictional limits. All utilities shall be installed underground, unless 5 otherwise approved by the City Council or the Planning Commission of the City of Anderson, or by any other state or federal laws or regulations.
7.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements. including. but not limited to fees for the checking, filing, and processing of improvement plans and specifications and for inspecting the construction of the Public Improvements, as well as the associated engineering and legal fees. These fees must be paid in full prior to approval of the final map and improvement plans. The fees referred to above are not necessarily the only City fees, charges, or other costs that have been or will be imposed on the subdivision and its development. and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges, and/or costs.
8.0 Default; Notice; Remedies.
8.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement. or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (''Notice"). Developer shall substantially commence the work required to remedy the default or violation within ten ( I 0) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs and expenses as set forth in this Agreement.
8.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none, of the required or agreed upon Public Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements. City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage, as defined pursuant to Government Code section 66499.11 et seq., can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.
6 8.3 Other Remedies. No action by City pursuant to this Section of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state. or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
9.0 Acceptance of Improvements; As-Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws. ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete. which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City, the City Clerk shall file with the Recorder's Office of the County of Shasta. a notice of completion for the accepted Public Improvements in accordance with California Civil Code Section 9204, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.
The notice of completion may be recorded by the City within fifteen ( 15) days of the date of completion of the Public Improvements.
Title to and ownership of the Public Improvements constructed under this Agreement shall vest absolutely in City upon completion and acceptance in writing of such Public Improvements by City.
Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City's acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (I) set of "as-built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
10.0 Security; Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with improvement securities in the amounts and under the terms set forth below (''Security''). The amount of the Security shall be based on the City Engineer's approximation of the actual cost to construct the Public Improvements. Developer's compliance with this provision (Section 10.0 et seq.) shall in no way limit or modify Developer's indemnification obligation provided in this Agreement.
I 0.1 Performance Improvement Security. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default of this Agreement, and to secure Developer's guarantee and warranty of the Public Improvements. Developer shall provide City a faithful performance improvement securities in the total amount of Two Hundred Forty Five Thousand, Three Hundred Sixteen Thousand Dollars and Ninety Three Cents. ($245,316.93), which sum shall be not less than one hundred percent ( I 00%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a 7 portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval, or release the security as otherwise set forth in Government Code section 66499.7.
10.2 Labor & Material Improvement Security. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials improvement security in the total amount of Two Hundred Forty Five Thousand, Three Hundred Sixteen Thousand Dollars and Ninety Three Cents. ($245.3 I 6.93), which sum shall not be less than one hundred percent (I 00%) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. or release the security as otherwise set forth in Government Code section 66499.7. The amount of such security shall be reduced by the total of all stop notice or mechanic's lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims
10.3 Guarantee and Warranty. Developer hereby guarantees and warranties all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all erosion control within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one ( 1) year following completion of the work and acceptance by City ("'Warranty''). During the Warranty, Developer shall repair. replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances. resolutions. regulations. codes. standards, or other requirements of City. and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one ( 1) year period following City's acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair. replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this Section shall survive the expiration or termination of this Agreement.
l 0.4 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best's rating of no less than A:VII, shall be 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, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys' fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall m any way affect its obligation on the Security.
8 10.5 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit "C". unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit "C" and incorporated herein by this reference.
11.0 Lien. To secure the timely performance of Developer's obligations under this Agreement, including those obligations for which security has been provided pursuant to this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer's default on those obligations for which security has been provided pursuant to this Agreement. City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this Section.
12.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage. penalty, fine, or injury, to property or persons. including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by Agency, its elected officials, officers, employees, agents, or volunteers.
13.0 Insurance.
13.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors and subcontractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below ("Required Insurance'') and without limiting the indemnity provisions of this Agreement.
If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than three times the specified occurrence limit. For purposes of this Section 13.0, et seq., the ''indemnified parties" shall mean City, its elected officials, officers. employees, agents. and volunteers. as described in this Agreement. The Required Insurance shall contain standard separation of insureds provisions and shall contain no special limitations on the scope of its protection to City, its elected officials, officers. employees, agents, and volunteers.
9 13.1.1 Commercial General Liability. Developer, its contractors and subcontractors shall procure and maintain Commercial General Liability Insurance with minimum limits of at least $1,000,000 per occurrence. and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for: (I) products and completed operations; (2) contractual liability; (3) third party action over claims; (4) cross liability exclusion for claims or suits by one insured against another: or (5) explosion, collapse or underground hazard (XCU).
13.1.2 Automobile Liability. Developer, its contractors and subcontractors shall procure and maintain automobile liability insurance with minimum limits of $1,000,000 each accident. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
13.1.3 Workers' Compensation. Developer. its contractors and subcontractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and Employers' Liability Insurance of not less than $1,000,000 per accident for bodily injury and disease.
13.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, professional liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of three (3) years following completion of the Public Improvements and shall specifically include all work to be performed under the Agreement. 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 of this Agreement.
13.1.5 Contractors Pollution Liability. Developer shall procure and maintain, Contractors Pollution Liability Insurance covering all of Developer's operations to include onsite and offsite coverage for bodily injury (including death and mental injury), property damage, defense costs and cleanup costs with minimum limits of $1 ,000.000 per loss and $2,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. Non-owned disposal site coverage shall be provided if handling, storing or generating hazardous materials or any material/substance otherwise regulated under environmental laws/regulations.
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.
13.2 Deductibles. Any deductibles or self-insured retentions must be approved by City in writing 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.
10 13.3 Certificates; Verification. Developerj its contractors and subcontractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City prior to the execution of this Agreement and before work pursuant to this Agreement can begin. City reserves the right to require complete. certified copies of all required insurance policies at any time.
13.4 Insurer Rating. Unless approved in writing by City, the insurers for all Required Insurance shall have a current A.M. Best rating of at least A:VII. shall be 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, and shall be satisfactory to City.
13.5 Endorsements.
13.5.1 The Commercial General Liability, Automobile Liability, and Contractors Pollution Liability policies, if the latter is required by City, shall be endorsed as follows:
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 this Agreement. The --Additional Insured Endorsement" shall contain no other modifications to the policy.
Primary 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.
Severabiiity: In the event 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 the claim is made or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby.
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 City, except ten ( I 0) days prior written notice shall be allowed for nonpayment of premium.
Duties: Any failure by the named insured to comply with report provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties. 11 Applicability: That the coverage provided therein shall apply to the obligations assumed by Developer. its contractors or subcontractors under the indemnity provisions of this Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.
13.5.2 The Workers' Compensation policy or policies required by this Agreement shall be endorsed as follows:
Wah1er of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
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 City, except ten ( I 0) days prior written notice shall be allowed for nonpayment of premium.
13.5.3 The Professional Liability policy or policies required by this Agreement shall be endorsed as follows:
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 City. except ten ( I 0) days prior written notice shall be allowed for nonpayment of premium.
14.0 Signs. Advertising. and Sales Office. Developer understands and agrees to City's ordinances, regulations, and requirements governing signs and advertising structures, and sales offices. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer. Developer shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures. or their removal.
15.0 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement. any map related to the Property, nor any other related entitlement. permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer. its contractors or subcontractors an agent, contractor or subcontractor of City.
16.0 General Provisions.
l2
16.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
16.2 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
16.3 Construction: References: Captions. It being agreed the Parties or their agents have participated 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.
Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
16.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
CITY:
City of Anderson
1887 Howard Street
Anderson, CA 96007
Attn: City Manager
DEVELOPER:
Anderson B & B LLC.
PO BOX 994248
Redding, CA 96099
Attn: Jack Baker
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger. as of the date delivered; and by U.S. Mail first class postage prepaid, as of seventy-two (72) hours after deposit in the U.S. Mail.
16.5 Amendment: Modification. No supplement. modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
16.6 Waiver. City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City·s actions are intentional or unintentional. Further, this Agreement shall not act as a waiver to any entitlements previously agreed upon by City and Developer through a Development Agreement, Vested Map, or other contract.
13 16.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. In the event that City consents in writing to such an assignment, any assignee, hypothecatee, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such security, as is reasonably acceptable to City.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the Public Improvements. The agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required Public Improvements to be constructed and their time frame for construction.
Following any permitted assignment. hypothecation, or transfer of the Public Improvements as set forth in this Section, City shalt release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the Public Improvements so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the Public Improvements not assigned, hypothecated, or transferred.
17.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives. or assigns. This Section shall not be construed as an authorization for any Party to assign any right or obligation.
17.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
17. IO 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.
17.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties· activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Shasta, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of 14 the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
17.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property. the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party. including actual attorneys' fees ("Costs"). Any judgment. order. or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs.
This Section shall survive the termination or expiration of this Agreement.
17.13 Acquisition and Dedication of Easements or Rights-of-Way. If any of the Public Improvements required by this Agreement are to be constructed on land not within the subdivision or an already-existing public right-of-way, no construction or installation shall be commenced before:
17.13.1 The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way, easements, or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Public Improvements or work; or
17.13.2 The issuance of an order of possession by a court of competent jurisdiction pursuant to California's Eminent Domain Law. Developer shall comply in all respects with any such order of possession.
Nothing in this paragraph 17.13 shall be construed as authorizing or granting an extension of time to Developer for completion of the Public Improvements. 17 .14 Nondiscrimination. Developer. its agents, employees. contractors, and subcontractors shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity or national origin in connection with or related to the performance of this Agreement. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the improvements hereunder.
I 7.15 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
IS
CITY OF ANDERSON
By:
Jeff Kiser, City Manager
APPROVED AS TO FORM:
By:
Collin Bogener, City Attorney
Moore & Bogencr, Inc.
DEVELOPER
Anderson 8 & B, LLC, a
California limited liability company
By:
W. J on akcr, President
uilders, Inc., Member/Manager
A notary public or other officer completing this certificate verifies only the Identity of the lndlvfdual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. CIVIL CODE §1189
STATE OF CALIFORNIA
COUNTY OF SHASTA
ACKNOWLEDGMENT
)
)
On August 7, 2023, before me, Kimberlyn M. Enderson, Notary Public, personally appeared W. JAX ON BAKER, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WJTNESS my hand and official seal.
Signature
STA TE OF CALlfoORNIA
COUNTY OF _________ _ )
)
1············, KIMNRLVH Iii, ENDERSON :a Nauty Publtt. Callfornl~ I I 4 Shw County I Commtulon I 2,., 1669 t #f/ Comm. Elcphs Aua U, 202'
•= u
On _______ , 20_ before me, ____________ _. Notary Public, personally appeared _________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is tme and correct.
WITNESS my hand and official seal.
Signature: _____ ___ _ _______ _ (seal)
EXHIBIT "A"
(Insert final map as Exhibit "A")
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EXHIBIT "C"
EVIDENCE OF SECURITY
EAST ST INDUSTRIAL SUBDIVISION