CITY COUNCIL AGENDA
February 6, 2024
REGULAR SESSION - 6;00 P.M,
CLOSED SESSION FOLLOWING
ANDERSON CITY HALL
1887 Howard Street
PARTICIPATION BY PUBLIC IN MEETING
Please review the Agenda to determine if the subject you wish to discuss is scheduled for Council consideration. If it is on the Agenda, you will have an opportunity when that matter comes up for discussion to briefly address the Council.
If the subject is not on tonight's Agenda, please complete an Agenda 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.ci.anderson,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
February 6, 2024
1.0 ROLL CALL - COUNCIL:
REGULAR SESSION - 6:00 P.M.
Councilmember Baugh
Councilmember Gallagher
Councilmember Gallier
Vice-Mayor Hunt
Mayor Neutze
2.0 INVOCATION - Dr. Addie Jackson, Anderson Seventh Day Adventist Church, will give the invocation.
3.0 PLEDGE OF ALLEGIANCE - Mayor Stan Neutze.
4.1 INTRODUCTIONS
a. Police Chief Jon Poletski will introduce new Officer Kevin Walsh and conduct his swearing in.
b. Police Chief Jon Poletski will introduce newly promoted Support/ Administration Supervisor Amity Valdez.
c. Police Chief Jon Poletski will introduce newly promoted Public Safety Records Analyst Jessica Isbell.
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 January 16, 2024.
6.2 WARRANTS - Receive and file warrant 30926 to 30987 in the amount of $239,764.73; Receive and file warrant 30988 to 31036 in the amount of $131,457.47. Receive and file ACH in the amount of $64,794.36; Receive and file warrant 31037 to 31096 in the amount of $163,198.25.
City Council Meeting
February 6, 2024
6.5 CITY MANAGER
a. Consider adoption of a Resolution amending the Classification and Compensation Plan by amending and updating the job description for the Maintenance Worker position.
b. Consider adoption of a Resolution approving a Side Letter to the Memorandum of Understanding (MOU) negotiated between representatives of the City of Anderson and representatives of the Teamsters Local 137.
6.6 FINANCE DIRECTOR - Amendments to the 2022-2023 Adopted Budget.
6.9 POLICE CHIEF - Purchase Five Skydio Xl0 Drones and the necessary equipment and services to properly operate them using the Federal Department of Transportation Pipeline Training Grant
6.10 PUBLIC WORKS DIRECTOR· Consider adopting a resolution to temporarily change parking restrictions in the vicinity of the Shasta District Fairgrounds during the Sierra Cascade Logging Conference, Nor-Cal Boat, Sport, and RV Show, Shasta District Fair, and Anderson Explodes.
END OF CONSENT CALENDAR
6.11 ITEMS (IF ANY) REMOVED FROM THE CONSENT CALENDAR - Items removed from the Consent Agenda for discussion will be treated as Regular Agenda items and any member of the public may request to address the Council on any such item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less.
PUBLIC HEARINGS
ALL NOTICES WERE GIVEN ACCORDING TO THE LAW,
DIRECTOR OF OPERATIONS AND ADMINISTRATION
7.0 AMENDMENT TO UPDATE PERMITTED USES AND USES APPROVED SUBJECT TO A USE PERMIT FOR SPECIFIC COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS OF TITLE 17 - ZONING
RECOMMENDED ACTION;
1. Review the staff report and environmental determination.
2. Open the public hearing and consider public testimony.
3. After closing the public hearing, adopt the CEQA determination, and adopt an Ordinance (first reading) amending Chapters 17.18, 17.22, 17.24, 17.26 of the Anderson Municipal Code regarding Commercial and Industrial uses and set for adoption (second reading) on February 20, 2024.
4. Direct the City Clerk to read the Ordinance by title only.
City Council Meeting
February 6, 2024
Page4
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 less.
CITY COUNCIL
8.1 PLANNING COMMISSIONER APPOINTMENT
RECOMMENDED ACTION:
Appoint a member to the Anderson Planning Commission for a term concurrent with the term of Mayor Neutze.
CITY ATTORNEY
8.2 RESOLUTION INCREASING CITY MANAGER PURCHASING AUTHORITY RECOMMENDED ACTION:
Consider adoption of resolution increasing the City Manager's purchasing authority to $30,000
CITY MANAGER
8.3a AMEND AND RESTATED JOINT EXERCISE OF POWERS OF AGREEMENT FOR
OPERATION OF THE REDDING AREA BUS AUTHORITY
RECOMMENDED ACTION;
Adopt a resolution authorizing the amended and restated joint exercise of powers agreement for the operation of the Redding Area Bus Authority (RABA).
8.3b LETTER OF AGREEMENT WITH SITELOGIQ AND MUTUAL NONDISCLOSURE
AGREEMENT WITH PG&E TO BEGIN THE PLANNING AND DEVELOPMENT PHASES
OF THE MICROGRID PROJECT FUNDED BY THE MICROGRID INCENTIVE PROGRAM RECOMMENDED ACTION:
Allow City Manager to execute the Letter of Agreement with SiteLoglQ and Mutual Nondisclosure Agreement with PG&E to begin the planning and development phases of the Microgrid Project funded by the Microgrid Incentive Program.
City Council Meeting
February 6, 2024
POLICE CHIEF
8.8 ACCEPT CONTRACT FOR WEBSITE AND SOCIAL MEDIA SERVICES FOR THE
ANDERSON POLICE DEPARTMENT AS PROVIDED BY PRESYNCED PRODUCTIONS RECOMMENDED ACTION;
Authorize the City Manager to execute Social Media Marketing Services Contract with PreSynced Productions for website maintenance/configuration services and social media management for Anderson Police Department.
PUBLIC WORKS
8.9a FINAL WATER RATE STUDY 2024 REPORT
RECOMMENDED ACTION:
1. Receive a report from the City's consultant, Lechowicz + Tseng Municipal Consultants.
2. Authorize staff to proceed with proposition 218 noticing.
8.9b ANDERSON PARK VILLAGE CONSOLIDATION PROJECT-AUTHORIZATION TO AWARD RECOMMENDED ACTION:
1. Award the Anderson Park Village Consolidation Project contract after the City receives approval of the construction costs from the State Water Resources Control Board (SWRCB) to RTA Construction, Inc. for $1,877,500.00.
2. Authorize the City Manager to execute the contract upon receipt of the required insurance certificates, payment bond, and performance bond.
3. Authorize the Public Works Director to approve change orders not to exceed 20% of the bid amount.
11.0 COUNCIL REPORTS/COMMENTS - City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234.)
12.0 Public Comment on Closed Session ltem(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.
City Council Meeting
February 6, 2024
CLOSED SESSION
C.S.1 PUBLIC EMPLOYMENT(§ 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 February 20, 2024.
ANDERSON CITY COUNCIL MINUTES
Regular Meeting
January 16, 2024
REGULAR SESSION
The regular session was called to order at 6:00 p.m.
ROLL CALL
Councilmembers present: Councilmember Baugh
Councilmember Gallagher
Councilmember Gallier
Vice-Mayor Hunt
Mayor Neutze
DRAFT
Also present: City Manager Joey Forseth-Deshais, City Attorney Collin Bogener, Police Chief Jon Poletski and City Clerk Christy White.
INVOCATION
Ryan Wildauer, Neighborhood Church of Anderson/Cottonwood, gave the invocation.
PLEDGE OF ALLEGIANCE
Vice Mayor Melissa Hunt led the Pledge of Allegiance.
RECOGNITION
Mayor Neutze presented Police Chief Jon Poletski a certificate thanking him for his service as Interim City Manager.
Jennifer McDaniel, Director of Operations and Administration, recognized and congratulated Jeff Maze on obtaining his Electrical Inspector Certification.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Carol King-Perea spoke regarding the upcoming Sierra Cascade Logging Conference and the fun events they have added to conference. Carol encouraged Council and the public to attend this great event.
CONSENT AGENDA
By motion made, second (Baugh/Gallier) and carried by a 5-0 vote, Council took the following action.
ITEM.6.1 2/6/2024
City Council Meeting
February 6, 2024
Approved the minutes of the regular meeting of January 2, 2024.
Received and filed warrant 30792 to 30813 in the amount of $129,468.53; Received and filed ACH in the amount of $56,677.30; Received and filed warrant 30814 to 30925 in the amount of $366,220.76.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Baugh, Gallier, Gallagher, Hunt and Mayor Neutze.
None.
None.
None.
REGULAR AGENDA
CITY ATTORNEY
CONSIDER APPROVAL OF REAL ESTATE PURCHASE AND SALE AGREEMENT WITH GATEWAY COMMERCIAL GROUP, LLC FOR ACCESSOR PARCEL NO. 201-920-019 City Attorney Collin Bogener gave a staff report and answered questions from Council.
By motion made, seconded (Hunt/Gallier) and carried by a 5-0 vote Council approve the Real Estate Purchase and Sale Agreement with Gateway Commercial Group, LLC for Accessor Parcel No. 201-920-019; and authorize City Attorney to waive contingencies in contract absent concerns raised in review of title, funding ability by City, or due diligence inspections.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hunt, Gallier, Baugh, Gallagher and Mayor Neutze.
None.
None.
None.
CITY MANAGER
ATTENDANCE AT INNOVATING COMMERCE SERVING COMMUNITIES (ICSC) LAS VEGAS City Manager Joey Forseth-Deshais gave a staff report expressing the importance and benefits to attending the conference. The City Manager then turned the process over to Mayor Neutze to make a decision on whether to attend the conference and if so, who Council will be sending.
A motion was made by Vice Mayor Hunt to send retired City Manager Jeff Kiser to assist the City Manager Joey Forseth-Deshais, a second was not made. City Attorney Bogener stated that he would need to look into the issue of compensation for Jeff Kiser. Mayor Neutze made a motion to send City Manager Joey Forseth-Deshais, himself, Councilmember Gallagher and a contingency on Jeff Kiser once the Attorney has looked into compensation issues. No second was made. Vice Mayor Hunt then made a motion to send City Manager City Council Meeting
February 6, 2024
Joey Forseth-Deshais, Mayor Neutze and Councilmember Baugh. That motion was seconded by council member Baugh (Hunt/Baugh) and carried by a 5-0 vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hunt, Baugh, Gallier, Gallagher and Mayor Neutze.
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.
6:38 p.m.: The City Council convened to Closed Session.
CLOSED SESSION
6;57 p.m.: The City Council reconvened to Open Session.
CLOSED SESSION ANNOUNCEMENT
Mayor Neutze announced that the Council sat in Closed Session with no reportable action giving staff direction.
CONFERENCE WITH REAL PROPERTY NEGOTIATIONS (SECTION 54956,8) Property: 2800 Douglas Street, Anderson, CA 96007
Agency Negotiation: City Manager Joey Forseth-Deshais
Negotiating Parties: Michael and Judy Hubert
Under Negotiation: Value of Property
CONFERENCE WITH REAL PROPERTY NEGOTIATIONS (§ 54956.8)
Property: 1787 3rd Street, Anderson, California
Agency Negotiation: City Manager Joey Forseth-Deshais and City Attorney Collin Bogener
Negotiating Parties: Interested Buyers
Under Negotiation: Appraisal
ADJOURNMENT
6:57p.m.: The City Council adjourned to February 6. 2024.
Stan Neutze Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
I February 6, 2024 City Council Meeting
or Submittal By:
Joey th-Deshais, City Manager
To Be Presented By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Acting Finance Director /Treasurer Date: February 6, 2024
!SUBJECT
Receive and File Weekly Warrant Registers.
I RECOMMENDATION
Receive and file warrant 30926 to 30987 in the amount of $239,764.73; Receive and file warrant 30988 to 31036 in the amount of $131,457.47. Receive and file ACH in the amount of $64,794.36; Receive and file warrant 31037 to 31096 in the amount of $163,198.25.
I ATTACHMENT
Warrant Registers.
ITEM 6.2 PAGE1 1/16/2024
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
000126 ADAMS ASHBY GROUP, LLC.
PROFESSIONAL SERVICES 1/12/2024 030926 897.50
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 PE 1/5/24 1/12/2024 030927 282.68
000349 AMERICAN TOWER CORPORATION
MONTHLY TOWER RENT 1/12/2024 030928 975.00
000586 ASCAP
LICENSE FEE 1/12/2024 030929 434.00
000615 AT&T CALNET
PHONE CHARGES 1/12/2024 030930 117.00
000698 BADGE FRAME, INC.
SUPPLIES 1/12/2024 030931 892.28
000700 BADGER METER, INC.
EQUIPMENT 1/12/2024 030932 494.56
001626 C & A RUBBER STAMPS & SIGNS
PROFESSIONAL SVCS & SUPPLIES 1/12/2024 030933 75.96
011677 CALIBER OFFICE FURNITURE
EQUIPMENT 1/12/2024 030934 2,450.18
001750 CALIFORNIA SAFETY CO.
PROFESSIONAL SERVICES 1/12/2024 030935 28.00
001881 CARREL'S OFFICE MACHINES
MONTHLY LEASE 1/12/2024 030936 152.56
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 1/12/2024 030937 2,303.45
002158 CITY OF ANDERSON
UTILITIES 1/12/2024 030938 1,706.76
002165 CITY OF REDDING
LIBRARY CONTRIBUTION 1/12/2024 030939 3,799.21
002167 CITY OF REDDING
UTILITIES 1/12/2024 030940 296.71
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
002616 CROSSROADS BIBLE FELLOWSHIP
FACILITY RENTAL 1/12/2024 030941 200.00
003396 EMERGENCY VEHICLE OUTFITTING
PROFESSIONAL SVCS & EQUIPMENT 1/12/2024 030942 12,265.25 003451 ENTERPRISE AUTO PARTS
PARTS 1/12/2024 030943 1,404.76
003452 ENTERPRISE FM TRUST
VEHICLE LEASES 1/12/2024 030944 21,100.10
003927 MIKE GALLAGHER
HEALTH INS. REIMBURSEMENT 1/12/2024 030945 534.00
004096 GILES LOCK & SECURITY SYSTEMS
PROFESSIONAL SERVICES 1/12/2024 030946 109.00
004205 GOODYEAR COMMERCIAL TIRE
PROFESSIONAL SVCS & PARTS 1/12/2024 030947 1,022.33
004318 PETER GRIGGS
PROFESSIONAL SERVICES 1/12/2024 030948 94.50
004467 HANES FLOOR INCORPORATED
PROFESSIONAL SERVICES 1/12/2024 030949 726.33
004592 HAVEN HUMANE SOCIETY
PROFESSIONAL SERVICES 1/12/2024 030950 780.00
005060 HYDRAULIC CONTROLS, INC.
SUPPLIES 1/12/2024 030951 444.44
005138 INTL. ASSN FOR PROPTY. & EVIDN
MEMBERSHIP RENEWAL-JIMERSON 1/12/2024 030952 65.00
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 1/12/2024 030953 2,366.49
005982 LEHR AUTO
PARTS 1/12/2024 030954 858.54
006000 LES SCHWAB TIRES
PARTS 1/12/2024 030955 147.84
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 1/12/2024 030956 250.97
006166 LOWE'S
MATERIALS 1/12/2024 030957 5,569.87
006643 MCMASTER-CARR SUPPLY CO.
PARTS 1/12/2024 030958 109.38
011792 MISSIONSQUARE-302204
PLAN #302204 PE 1/5/24 1/12/2024 030959 4,585.00
006904 MITEL CLOUD SERVICES
PHONE CHARGES 1/12/2024 030960 1,801.13
006958 MOORE & BOGENER
PROFESSIONAL SERVICES 1/12/2024 030961 9,242.00
007058 MT. SHASTA SPRING WATER
DRINKING WATER 1/12/2024 030962 242.64
007118 MUTUAL OF OMAHA
INSURANCE PREMIUM-JAN 24 1/12/2024 030963 2,304.72
007134 N.C.G.T. TRUST FUND
HEALTH INS. PREMIUM 1/12/2024 030964 122,576.00
007394 NORTHERN CALIF. GLOVES
SUPPLIES 1/12/2024 030965 612.91
007435 NTU TECHNOLOGIES, INC.
SUPPLIES 1/12/2024 030966 2,232.58
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 1/12/2024 030967 223.18
007630 PACIFIC GAS & ELECTRIC
UTILITIES 1/12/2024 030968 3,540.25
007750 PAYLESS BUILDING SUPPLY
MATERIALS 1/12/2024 030969 1,936.24
008061 PRAIRIE SQUARES
PROFESSIONAL SERVICES 1/12/2024 030970 33.60
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
008182 QUADIENT LEASING, INC.
QUARTERLY LEASE 1/12/2024 030971 1,509.85
008498 RENTAL GUYS REDDING
EQUIPMENT RENTAL 1/12/2024 030972 137.45
009320 SESAC, INC.
LICENSE FEE 1/12/2024 030973 581.00
009618 SIGNARAMA
PROFESSIONAL SVCS & SUPPLIES 1/12/2024 030974 999.25
009845 SONSRAY MACHINERY, LLC
PARTS 1/12/2024 030975 593.98
009988 STATE OF CALIFORNIA
ASSIGN OF WAGES PE 1/5/24 1/12/2024 030976 30.00
012045 SUNRUN INSTALLATIONS SERVICES
BUILDING PERMIT REFUND 1/12/2024 030977 98.46
010212 SW MAINTENANCE CORP.
MONTHLY UST TESTING 1/12/2024 030978 65.00
010255 T ANDS DVBE, INC.
SUPPLIES 1/12/2024 030979 196.12
010518 TOMASINI BLACKSMITHING & WELDING
SUPPLIES 1/12/2024 030980 107.32
010552 TOTALLY TRUCKS INC
PROFESSIONAL SVCS & SUPPLIES 1/12/2024 030981 4,627.93
010579 TRANSUNION RISK AND ALTERNATIVE
PROFESSIONAL SERV1CES 1/12/2024 030982 75.00
010732 UPS
SHIPPING FEES 1/12/2024 030983 32.90
010747 US BANK CORP PYMT SYSTEMS
SUPPLIES, EQUIPMENT, TRAINING 1/12/2024 030984 17,718.12 VOID CHECK 1/12/2024 030985
011674 WELLS FARGO VENDOR FINANCIALS
MONTHLY LEASE 1/12/2024 030986 357.45
VENDOR
012044
NAME
DESCRIPTION
ELECIA WINKLER
CLEANING DEPOSIT REFUND
CHECK
DATE
1/12/2024
CHECK
NUMBER
030987
CHECK
AMOUNT
350.00
239,764.73
~l-\
Cate
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
003683 FIRST AMERICAN TITLE COMPANY
DEPOSIT FOR LAND-GATEWAY 1/17/2024 030988 10,000.00
1 MCNEELY, JESSICA & AUSTIN
US REFUND 1/19/2024 030989 S.93
1 THREET, KACIE & SCOTT
US REFUND 1/19/2024 030990 20,15
1 HINES, PATRICIA & NELSON
US REFUND 1/19/2024 030991 20.lS
1 PIERCE, CAREEN
US REFUND 1/19/2024 030992 20.1S
1 LOZADA, HANNAH
US REFUND 1/19/2024 030993 20.15
1 HUSA, MIRANDA
US REFUND 1/19/2024 030994 21.30
l. CARTER, JENNI
US REFUND 1/19/2024 030995 20.15
l MGE UNDERGROUND INC
US REFUND 1/19/2024 030996 1,000.00
1 UPEGUI, PAULA
US REFUND 1/19/2024 030997 20.1S
1 MOREY, EMILY
US REFUND 1/19/2024 030998 5,93
1 STAY TRUE TATOO
US REFUND 1/19/2024 030999 34.37
000113 ACUITY SPECIALTY PRODUCTS, INC
SUPPLIES 1/19/2024 031000 115.95
000132 ADAMS VIDEO PRODUCTIONS
PROFESSIONAL SERVICES 1/19/2024 031001 50 7.50
000201 AL'S SAW SHOP
EQUIPMENT & SUPPLIES 1/19/2024 031002 1,372.76
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
000404 ANDERSON FARM & YARD SUP.
SUPPLIES 1/19/2024 031003 331.33
000407 ANDERSON FLORIST & GIFTS
BUS LICENSE OVRPYMT REFUND 1/19/2024 031004 10.00
000493 ANTHEM BLUE CROSS LIFE AND HEALTH
HEALTH INS. PREMIUM-HUNT 1/19/2024 031005 1,488.00
000609 AT & T
PHONE CHARGES 1/19/2024 031006 9S.67
012039 BDI
SUPPLIES 1/19/2024 031007 92.74
001133 BIG VALLEY SANITATION
EQUIPMENT RENTAL 1/19/2024 031008 1,105.00
011957 BREAKOUT BASEBALL
FIELD DEPOSIT REFUND 1/19/2024 031009 100.00
001732 CALIFORNIA DEPT. OF TAX & FEE
UNDERGROUND STORAGE TAX 1/19/2024 031010 952.00
002165 CITY OF REDDING
REIMBURSEMENT 1/19/2024 031011 50.00
002392 CONSOLIDATED ELECTRICAL DIST.
SUPPLIES 1/19/2024 031012 269.30
003151 DRAKE VEGETATION MANAGEMENT
PROFESSIONAL SERVICES 1/19/2024 031013 10,197.50
003590 FASTENERS INC.
SUPPLIES 1/19/2024 031014 131.36
004248 GRAINGER
SUPPLIES 1/19/2024 031015 38.03
012046 HARDWARE EXPRESS DBA GBK
BUS LICENSE OVRPYMT REFUND 1/19/2024 031016 14.60
004592 HAVEN HUMANE SOCIETY
PROFESSIONAL SERVICES 1/19/2024 031017 715.00
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
005063 I.A.C.P
MEMBERSHIP RENEWAL-POLETSKI & RAMIREZ 1/19/2024 031018 380.00 005092 IMPERIAL SUPPLIES LLC
SUPPLIES 1/19/2024 031019 418.64
005096 INDEPENDENT BUSINESS FORM
PROFESSIONAL SVCS & SUPPLIES 1/19/2024 031020 911.05
012048 SAMANTHA JOHNSON
PARTIAL RECREATION REFUND 1/19/2024 031021 25.00
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 1/19/2024 031022 3,097.48
005939 LEAGUE OF CALIFORNIA CITIES
MEMBERSHIP DUES 2024 1/19/2024 031023 6,742.00
005982 LEHR AUTO
PARTS 1/19/2024 031024 822.37
006229 LYRO PRINTING
PROFESSIONAL SERVICES 1/19/2024 031025 433.23
006781 MGT OF AMERICA CONSULTING, LLC
PROFESSIONAL SERVICES 1/19/2024 031026 1,507.50
007394 NORTHERN CALIF. GLOVES
SUPPLIES 1/19/2024 031027 55.50
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 1/19/2024 031028 597.79
007616 PACE ANALYTICAL SVCS., LLC
PROFESSIONAL SERVICES 1/19/2024 031029 1,808.00
012049 GABRIELLE ROMERO
CLEANING DEPOSIT REFUND 1/19/2024 031030 350.00
012047 SHASTA COUNTY HHSA
LOAN ADMINISTRATION FEES 1/19/2024 031031 2,172.77
010180 SUNBELT RENTALS, INC.
EQUIPMENT RENTAL 1/19/2024 031032 2,415.82
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
010367 THATCHER COMPANY, INC.
SUPPLIES 1/19/2024 031033 13,524.29
010732 UPS
SHIPPING FEES 1/19/2024 031034 32.90
011064 WASTE MANAGEMENT
DUMP & RECYCLE FEES 1/19/2024 031035 1,919.34
011201 WESTAMERfCA BANK
LOAN#S26 000 0309-78-0114 1/19/2024 031036 65,468.62
1/ 19/ 24 ACH PERS 64,794.36 131,457.47
For Payroll Ending 1/5/24
~
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
000017 49ER WATER SERVICES
PROFESSIONAL SERVICES 1/26/2024 031037 510.00
011929 ACME ANALYTICAL SOLUTIONS, INC
SUPPLIES 1/26/2024 031038 501.59
000322 AMERICAN FIDELITY ASSURANCE
INSURANCE PREMIUM-JAN 24 1/26/2024 031039 3,175.18
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 PE 1/19/24 1/26/2024 031040 684.58
000326 AMERICAN LEAK DETECTION
PROFESSIONAL SERVICES 1/26/2024 031041 450.00
000700 BADGER METER, INC.
EQUIPMENT 1/26/2024 031042 2,547.07
001626 C & A RUBBER STAMPS & SIGNS
PROFESSIONAL SVCS & SUPPLIES 1/26/2024 031043 83.08
001653 CA RURAL WATER ASSOCIATION
ANNUAL MEMBERSHIP 1/26/2024 031044 1,364.00
001750 CALIFORNIA SAFETY CO.
PROFESSIONAL SERVICES 1/26/2024 031045 153.00
001940 MELANIE CATANIO
PER 01EM-TRAINING 1/26/2024 031046 350.00
012019 CHISEL MACHINING
EQUIPMENT 1/26/2024 031047 387.90
002142 CINTAS FIRST AID & SAFETY
SUPPLIES 1/26/2024 031048 15.40
002165 CITY OF REDDING
TRAFFIC SIGNAL AGMT 7/2~12/23 1/26/2024 031049 5,160.00 002392 CONSOLIDATED ELECTRICAL DIST.
SUPPLIES 1/26/2024 031050 129.97
002592 CRESCO EQUIPMENT RENTALS
EQUIPMEMT RENTAL 1/26/2024 031051 87.Sl
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
002973 DEPT OF JUSTICE
FINGERPRINT APPLICATIONS 1/26/2024 031052 216.00
003312 THE ED JONES CO.,INC
PROFESSIONAL SVCS & SUPPLIES 1/26/2024 031053 79.65
003590 FASTENERS INC.
SUPPLIES 1/26/2024 031054 633.44
012050 FOOTHILL LITTLE LEAGUE
FIELD RENTAL & DEPOSIT REFUND 1/26/2024 031055 175.00
012014 FRANK A. OLSEN COMPANY
PARTS 1/26/2024 031056 147.40
004028 GAYNOR TELESYSTEMS, INC.
PROFESSIONAL SERVICES 1/26/2024 031057 420.00
004040 GENERAL TEAMSTERS #137
DUES FOR MONTH OF JAN-24 1/26/2024 031058 2,639.00
004248 GRAINGER
SUPPLIES 1/26/2024 031059 432.77
004623 ERIC HAYNES
PER DIEM-TRAINING 1/26/2024 031060 132.00
004634 HDL SOFTWARE LLC
CONTACT SVCS TAX 02/2023 1/26/2024 031061 1,961.21
004693 JEANNINE HENDRICKSON
PROFESSIONAL SERVICES 1/26/2024 031062 400.00
011906 HUNT & SONS, INC.
FUEL CHARGES 1/26/2024 031063 9,684.63
005092 IMPERIAL SUPPLIES LLC
SUPPLIES 1/26/2024 031064 595.18
005169 J & T CONSULTING, INC.
PROFESSIONAL SERVICES 1/26/2024 031065 1,350.00
005257 JENNIFER JIMERSON
PER DIEM-MEETING 1/26/2024 031066 15.00
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
012048 SAMANTHA JOHNSON
PARTIAL RECREATION REFUND 1/26/2024 031067 20.00
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 1/26/2024 031068 666.50
005889 LAUNDRY WORLD
PROFESSIONAL SERVICES 1/26/2024 031069 2,855.82
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 1/26/2024 031070 209.14
006776 MEYER'S POLICE K-9 TRAINING, L
TRAINING-EPPLEY 1/26/2024 031071 400.00
011792 MISSIONSQUARE-302204
PLAN #302204 PE 1/19/24 1/26/2024 031072 4,685.00
012052 SAMAN MOGHADAM
RETURN SEIZED FORFEITURE 1/26/2024 031073 31,095.50
012051 NORCAL THINK PINK
REIMBURSEMENT 1/26/2024 031074 60.00
007381 NORTH VALLEY DISTRIBUTING
SUPPLIES 1/26/2024 031075 350.35
007477 OBSIDIAN IT
PROFESSIONAL SVCS & EQUIPMENT 1/26/2024 031076 5,095.54 007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 1/26/2024 031077 230.77
007617 PACE ENGINEERING, INC.
PROFESSIONAL SERVICES 1/26/2024 031078 59,511.50
007628 PACIFIC COAST POLYGRAPH &
PROFESSIONAL SERVICES 1/26/2024 031079 400.00
007630 PACIFIC GAS & ELECTRIC
UTILITIES 1/26/2024 031080 52.85
011836 PETERSON
PARTS 1/26/2024 031081 400.45
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
007967 PLATT
SUPPLIES 1/26/2024 031082 75.66
008498 RENTAL GUYS REDDING
EQUIPMENT RENTAL 1/26/2024 031083 234.62
009045 SAFEGUARD FIRE PROTECTION
PROFESSIONAL SERVICES 1/26/2024 031084 267.72
012042 SHASTA OFFICIALS
PROFESSIONAL SERVICES 1/26/2024 031085 1,647.50
009564 SHN CONSULTING ENGINEERS
PROFESSIONAL SERVICES 1/26/2024 031086 11,735.00
009988 STATE OF CALIFORNIA
ASSIGN OF WAGES PE 1/19/24 1/26/2024 031087 30.00
010255 T ANDS DVBE, INC.
SUPPLIES 1/26/2024 031088 1,386.93
010360 TEXAS LIFE INSURANCE COMPANY
INSURANCE PREMIUM-JAN 24 1/26/2024 031089 908.92
011866 UBEO WEST
MONTHLY LEASE 1/26/2024 031090 272.66
010746 US BANK
REVENUE BONDS 2007A ADMIN FEES 1/26/2024 031091 1,920.00 010749 US BANK VOYAGER FLEET SYSTEMS
FUEL CHARGES 1/26/2024 031092 50.34
010756 USA BLUEBOOK
SUPPLIES 1/26/2024 031093 201.54
010856 VCA GATEWAY ANIMAL HOSPITAL
PROFESSIONAL SERVICES 1/26/2024 031094 264.69
010874 VERIZON WIRELESS
PHONE CHARGES 1/26/2024 031095 3,616.19
010881 VESTRA RESOURCES INC.
PROFESSIONAL SERVICES 1/26/2024 031096 72 .50
~~· 1/2~/ 2Lf 163,198.25
ature Date
AGENDA ITEM
!February 6, 2024, City Council Meetingj
Approved for Submittal By:
seth-Deshais, City Manager
resented By:
To:
From:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Date: February 6, 2024
I SUBJECT
Amend the Classification and Compensation Plan by amending and updating the Job Description for Maintenance Worker.
I RECOMMENDATION
The City Manager recommends that the City Council:
Adopt a resolution amending the Classification and Compensation Plan by amending and updating the job description for the Maintenance Worker position.
I FISCAL IMPACT
None.
I DISCUSSION and BACKGROUND
The Maintenance Worker job description was last updated in 2017. This job description encompasses five (5) different divisions within the City of Anderson, including Landscape, Streets, Parks, Water, and Collections. It is crucial we update the job description requirements to clarify specifically what certifications each employee within a specific division are required to maintain for employment. Currently, it varies amongst the different divisions. These updates include requiring all classifications to obtain a California Class A driver's license, and then based ITEM 6.5a PAGE1 2/6/2024
upon the specific division, staff are required to either obtain their D1 Water Distribution Certification or their Qualified Applicators Certification.
Overall, the other updates within the job description are minor and include standardizing verbiage between the five different divisions. City staff met with Teamster Local 137 in January to discuss and have conferred that this is appropriate and necessary for all parties' success.
Specifically for the City regarding the recruitment and retention of qualified personnel.
I ATTACHMENT
1. Proposed Resolution & job description.
2. Redline of job description showing proposed changes.
ITEM 6.5a PAGE2 2/6/2024
ATTACHMENT 1
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON
AMENDING THE CITY OF ANDERSON
POSITION CLASSIFICATION AND COMPENSATION PLAN
WHEREAS, Chapter 2.56 of the Anderson Municipal Code establishes a Personnel Merit system for the administration of all personnel matters; and WHEREAS, said Chapter provides for the periodic review, amendment, and adoption by resolution of changes in the system's Classification and Compensation Plan; and WHEREAS, the City Manager has reviewed the Plan and has recommended that certain changes be made.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anderson hereby amends the Classification and Compensation Plan by updating the Job Description for Maintenance Worker attached hereto as Exhibit A and made a part hereof.
PASSED AND ADOPTED by the City Council of the City of Anderson this 6th day of February, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Syan Neutze, Mayor
ATTEST:
City Clerk, City Clerk
CITY OF ANDERSON
MAINTENANCE WORKER
DEFINITION
Under supervision, to perform a variety of semi-skilled laboring work, including equipment operations in maintaining the City's public works facilities and landscaping; and to do related work as assigned.
EXAMPLES OF DUTIES
STREET DIVISION
Perform duties in the maintenance and construction of streets. Remove and replace curb, gutters and sidewalks, set forms, build catch basins, saw cut, replace and finish concrete and asphalt work. Patch and crackseal streets, install safety devices, install signs and traffic control, act as flagman, install drainpipe, clean ditches and culverts; operate dump trucks and other equipment used in construction such as backhoes, loaders, sweepers, and rollers; paint stop bars, curbs and other street markings; read water meters; install and replace water mains and services, maintain water wells and facilities. Knowledge in building maintenance such as replacing lights, fixtures, and solving minor electrical problems, minor plumbing and minor carpentry. Ability to read labels, mix chemicals and spray pesticides, prune, mow and maintain rights of way and landscape. Assist other departments as assigned.
Requirements: Shall obtain California Class A drivers license within six months, ability to use and maintain tools and to operate a variety of light to heavy power equipment; to follow oral and written directions; and to establish and maintain effective relationships with others. Must obtain D1 Water Distribution Certification.
LANDSCAPE DIVISION
Mow, trim, fertilize, measure and apply herbicide and pesticide applications; prune and maintain trees in a healthy and safe condition; install and make repairs to irrigation systems and equipment; operate and repair mowers, trimmers, and weedeaters; plant, water, cultivate, and spray plants, shrubs, hedges, and care oflawns.
Operate dump truck and other light to heavy equipment needed to complete assignments. Assist other departments as assigned.
Requirements: Shall obtain a California Class A drivers license within six months.
Shall obtain a Qualified Applicator Certification, ability to use hand tools and power equipment such as, power edgers, power mowers, blowers, and chainsaws, and keep equipment in a safe and proper condition. Ability to use and maintain tools and operate a variety of light to heavy power equipment; to follow oral and written directions; and to establish and maintain effective relationships with others. Must have knowledge of plants
PARKS DIVISION
Mow, trim, fertilize, measure and apply herbicide and pesticide applications; prune and maintain trees in a healthy and safe condition; install and make repairs to irrigation systems and equipment; operate and repair mowers, trimmers, and weed eaters; plant, water, cultivate, and spray plants, shrubs, hedges, and care of lawns.
Operate dump truck and other light to heavy equipment needed to complete assignments. Knowledge in building maintenance such as replacing lights, fixtures, and solving minor electrical problems, minor plumbing and minor carpentry. Assist other departments as assigned.
Requirements: Shall obtain a California Class A drivers license within six months.
Ability to obtain a Qualified Applicator Certification, ability to use hand tools and power equipment such as, power edgers, power mowers, blowers, and chainsaws, and keep equipment in a safe and proper condition. Ability to use and maintain tools and operate a variety of light to heavy power equipment; to follow oral and written directions; and to establish and maintain effective relationships with others. Must have knowledge of plants.
WATER DIVISION
Install, maintain, and repair water mains, pump stations and other water utility components including valves, regulators, and backflow systems; tap mains, lay pipe, install and replace meters, flush water lines, clean pipes and fittings, clean meter and valve boxes and reservoirs; install water services; dig and bore trenches using air tools to break through and compact; backfill manually and perform other manual labor necessary for completion of the job including asphalt resurfacing; operate dump truck and other equipment to load and unload equipment, supplies and material; turn on and turn off water services, read meters; monitor pump stations; and assist other departments as assigned.
Requirements: Shall obtain a California Class A drivers license within six months.
Shall Obtain a D1 Water Distribution Certification. Ability to operate a variety of light to heavy equipment; to follow oral and written directions; and to establish and maintain effective relationships with others.
COLLECTION DIVISION
Monitor, maintain and make repairs to sanitary sewers, pump stations and related structures; raise and lower manholes to proper street or alley grade; operate rodder or flushing equipment related in cleaning, balling and maintaining flow of sewer lines and storm drains; assist in cleaning and maintaining plant equipment such as pumps and auxiliary machinery; perform routine building, grounds and equipment maintenance; record daily flows, keep records and make reports; mark out and perform limited inspections of installation and repairs to laterals and sewer mains. Assist other department as assigned.
Requirements: Shall obtain California Class A drivers license within six months.
Ability to use hand tools and operate a variety of light to heavy power equipment; follow oral and written direction; and to establish and maintain effective relationships with others.
DESIRABLE QUALIFICATIONS
Traininl!! and Experience - Any combination of training and experience equivalent to one year of experience in general laboring work in construction or maintenance, preferably one year in public works or landscaping experience.
TOOLS AND EQUIPMENT USED
Employee will use a variety of tools and equipment common to a public works department including, but not limited to, dump trucks, backhoes, loaders, sweepers, and rollers; airless paint sprayer, mowers, trimmers, and weedeaters; power edgers, power mowers, blowers, chainsaws, and other tools as required. Additionally, the employee will use a personal computer, printer, calculator, telephone, copier, fax machine, and various other office equipment. Must possess a working knowledge of word processing and spreadsheet software, as well as be able to communicate effectively via email and mobile devices (such as cell phone).
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Employee must have physical ability to react quickly to errant motorist or other sudden, unanticipated stimulus and do strenuous hand and mechanical labor. Employee shall be able to lift and carry heavy object greater than 50 lbs. over uneven terrain. Employee must be able to sit and work at a computer.
Employee must have the ability to see in the normal visual range, with or without correction, as set forth by the State of California Department of Motor Vehicles standards for safe vehicle driving. Night vision must be good for safety when working after dark.
Employee must have the ability to hear in the normal audio range with or without correction. Hearing should be adequate to hear warning devices used for worker safety (i.e. look out alarm devices, including vehicle horns used to warn employees of eminent danger at the work site).
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Employee is required to work primarily outdoors, and may at times need to work in a wide range of extreme conditions, including heat up to 120 degrees, cold to 10 degrees, strong winds, rain, sleet, and snow.
Employee may be required to work long shifts due to storms, emergencies, and special work projects.
Personal safety equipment requirements include:
A Work boots, in good and sturdy condition, must be worn to provide foot and ankle support protection.
B. Either long or short sleeved shirts provided by City, or a safety vest is to be worn over non-safety shirts or coats.
C. Long pants. No shorts or cutoffs.
D. Provided safety gear; hard hat, safety glasses, hearing protection devices, face shields, gloves, respirator, chaps, or other safety gear must be worn when required by the City. 2024
CITY OF ANDERSON
MAINTENANCE WORKER
DEFJNJTION
Under supervision, to perform a variety of semi-skilled laboring work, including equipment operations in maintaining the City's public works facilities and landscaping; and to do related work as assigned.
EXAMPLES OF DUTIES
STREET DIVISION
Perform duties in the maintenance and construction of streets. Remove and replace curb, gutters and sidewalks, set forms, build catch basins, saw cut, replace and finish concrete and asphalt work Patch and crackseal streets, install safety devices, install signs and traffic control, act as flagman, install drainpipe, clean ditches and culverts; operate dump trucks and other equipment used in construction such as backhoes, loaders, sweepers, and rollers; paint stop bars, curbs and other street markings; read water meters; install and replace water mains and services, maintain water wells and facilities. Knowledge in building maintenance such as replacing lights, fixtures, and solving minor electrical problems, minor plumbing and minor carpentry. Ability to read labels, mix chemicals and spray pesticides, prune, mow and maintain rights of way and landscape. Assist other departments wkeil-Reeded iR Landscape, V•/ater aRd \ 1Vaste 'fllater as assigned.
Requirements: Ability-Shall ta obtain California Class A (;}F--R-drivers license within six months, ability to use and maintain tools and to operate a variety of light to heavy power equipment; to follow oral and written directions; and to establish and maintain effective relationships with others. Must obtain Dl Water Distribution Certification.
LANDSCAPE DIVISION
Mow, trim, fertilize, measure and apply herbicide and pesticide applications; prune and maintain trees in a healthy and safe condition; install and make repairs to irrigation systems and equipment; operate and repair mowers, trimmers, and weedeaters; plant, water, cultivate, and spray plants, shrubs, hedges, and care oflawns.
Operate dump truck and other light to heavy equipment needed to complete assignments. Assist other departments as assigned.
Requirements: Ability-ro Shall obtain a California Class A eF---3-drivers license within six months. Ability to Shall obtain a Qualified Applicator Certification, ability to use hand tools and power equipment such as, power edgers, power mowers, blowers, and chainsaws, and keep equipment in a safe and proper condition. Ability to use and maintain tools and operate a variety of light to heavy power equipment; to follow oral and written directions; and to establish and maintain effective relationships with others. Must have knowledge of plants and lle wUling to obtain D1 ¥later Distribution Gertil=icatia&.
PARKS DIVISION
Mow, trim, fertilize, measure and apply herbicide and pesticide applications; prune and maintain trees in a healthy and safe condition; install and make repairs to irrigation systems and equipment; operate and repair mowers, trimmers, and weed eaters; plant, water, cultivate, and spray plants, shrubs, hedges, and care of lawns.
Operate dump truck and other light to heavy equipment needed to complete assignments. Knowledge in building maintenance such as replacing lights, fixtures, and solving minor electrical problems, minor plumbing and minor carpentry._Assist other departments as assigned.
Requirements: Aollity to Shall obtain a California Class A e-r-B-drivers license within six months. Ability to obtain a Qualified Applicator Certification, ability to use hand tools and power equipment such as, power edgers, power mowers, blowers, and chainsaws, and keep equipment in a safe and proper condition. Ability to use and maintain tools and operate a variety of light to heavy power equipment; to follow oral and written directions; and to establish and maintain effective relationships with others. Must have knowledge of plants. aoo be-wi#mgw~*~ Water l}istribut4en Certif-i. ca tioR.
WATER DIVISION
Install, maintain, and repair water mains, pump stations and other water utility components including valves, regulators, and backflow systems; tap mains, lay pipe, install and replace meters, flush water lines, clean pipes and fittings, clean meter and valve boxes and reservoirs; install water services; dig and bore trenches using air tools to break through and compact; backfill manually and perform other manual labor necessary for completion of the job including asphalt resurfacing; operate dump truck and other equipment to load and unload equipment, supplies and material; turn on and turn off water services, read meters; monitor pump stations; and assist other departments as assigned.
Requirements: Ability to Shall obtain a California Class A eF--8-drivers license within six months. ~iAcation in 'Nater Distributim:1 by the Stace of Calif()rl¼ia ~ball Obtain a D1 Water Distribution Certification. Ability to operate a variety of light to heavy equipment; to follow oral and written directions; and to establish and maintain effective relationships with others.
COLLECTION DIVISION
Monitor, maintain and make repairs to sanitary sewers, pump stations and related structures; raise and lower manholes to proper street or alley grade; operate rodder or flushing equipment related in cleaning, balling and maintaining flow of sewer lines and storm drains; assist in cleaning and maintaining plant equipment such as pumps and auxiliary machinery; perform routine building, grounds and equipment maintenance; record daily flows, keep records and make reports; mark out and perform limited inspections of installation and repairs to laterals and sewer mains. Assist other d.,epartment as assigned.
Requirements: AbHit-;c--tea Shall obtain California Class A &F---8-drivers license within six months. Ability to use hand tools and operate a variety of light to heavy power equipment; follow oral and written direction; and to establish and maintain effective relationships with others.
DESIRABLE QUALIFICATIONS
Training and Experience - Any combination of training and experience equivalent to one year of experience in general laboring work in construction or maintenance, preferably one year in public works or landscaping experience.
TOOLS AND EQUIPMENT USED
Employee will use a variety of tools and equipment common to a public works department including, but not limited to, dump trucks, backhoes, loaders, sweepers, and rollers; airless paint sprayer, mowers, trimmers, and weedeaters; power edgers, power mowers, blowers, chainsaws, and other tools as required. Additionally, the employee will use a personal computer, printer, calculator, telephone, copier, fax machine, and various other office equipment. Must possess a working knowledge of word processing and spreadsheet software, as well as be able to communicate effectively via email and mobile devices (such as cell phone).
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Employee must have physical ability to react quickly to errant motorist or other sudden, unanticipated stimulus and do strenuous hand and mechanical labor. Employee shall be able to lift and carry heavy object greater than 50 lbs. over uneven terrain. Employee must be able to sit and work at a computer.
Employee must have the ability to see in the normal visual range, with or without correction, as set forth by the State of California Department of Motor Vehicles standards for safe vehicle driving. Night vision must be good for safety when working after dark.
Employee must have the ability to hear in the normal audio range with or without correction. Hearing should be adequate to hear warning devices used for worker safety (i.e. look out alarm devices, including vehicle horns used to warn employees of eminent danger at the work site).
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Employee is required to work primarily outdoors, and may at times need to work in a wide range of extreme conditions, including heat up to 120 degrees, cold to 10 degrees, strong winds, rain, sleet, and snow.
Employee may be required to work long shifts due to storms, emergencies, and special work projects.
Personal safety equipment requirements include:
A. Work boots, in good and sturdy condition, must be worn to provide foot and ankle support protection.
B. Either long or short sleeved shirts provided by City, or a safety vest is to be worn over non-safety shirts or coats.
C. Long pants. No shorts or cutoffs.
D. Provided safety gear; hard hat, safety glasses, hearing protection devices, face shields, gloves, respirator, chaps, or other safety gear must be worn when required by the City.
AGENDA ITEM
!February 6, 2024, City Council Meetin~
rseth-Deshais, City Manager
Joey orseth-Deshais, City Manager
To:
From:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Date: February 6, 2024
lsueJECT
Side Letter to Memorandum of Understanding with the Teamsters Local 137 Contract
I RECOMMENDATION
The City Manager recommends that the City Council:
Consider adoption of a Resolution approving a Side Letter to the Memorandum of Understanding (MOU) negotiated between representatives of the City of Anderson and representatives of the Teamsters Local 137.
l FISCAL IMPACT
The fiscal impact will affect the Wastewater Fund for approximately $5,088 on an annual basis.
I DISCUSSION and BACKGROUND
In April of 2023, the City Council approved amendments to article 12.10 of the Teamsters Local 137 MOU with the City of Anderson for an update for employees to be available for stand-by in case of incidents that may occur in the City. This purpose was to include Maintenance Workers and Water classifications in article 12.10, which had already included our Wastewater Division employees due to state mandates.
ITEM 6.Sb PAGE1 2/6/2024
The prior amendment in April has created the need to amend article 12.11 of the MOU which previously only included specific titles within the Public Works classifications, but not the Wastewater Division classifications. Since all other classifications are currently receiving four (4) hours of compensation on weekend days while being on stand-by, while Wastewater staff receive only three (3) hours of compensation, amending article 12.11 of the MOU would result in a fiscal impact of 104 hours of additional hours of overtime for approximately $5,088. The amendment removes specific titles from article 12.11, replacing them with the statement "Employees within the Public Works classifications ... ". These changes will ensure that in the future if the MOU is amended, there will not be an effect on this section.
!ATTACHMENTS
1. Resolution approving Side Letter
2. Side Letter
ITEM 6.Sb PAGE2 2/6/2024
ATTACHMENT 1
Resolution No. 24-_
A Resolution of the City Council of the City of Anderson Approving a Side Letter to the Memorandum of Understanding between the City of Anderson and Teamsters Local 137
WHEREAS, the City Council of the City of Anderson approved a Memorandum of Understanding with the Teamster Local 137; and WHEREAS, the City Council agrees changes reflected in the Side Letter need to be made in reference to;
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Anderson, approves the agreed upon Side Letter with Teamsters Local 137; PASSED AND ADOPTED by the City Council of the City of Anderson on this 6th day of February 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Stan Neutze, Mayor
ATTEST:
Christy White, City Clerk
LETTER OF UNDERSTANDING
BETWEEN
THE CITY OF ANDERSON
AND
GENERAL TEAMSTERS LOCAL NO. 137
Re: Amending section 12.10 and 12.11
12.10 Stand-by Pay: During non-shift and non-scheduled overtime hours, employees in the Maintenance Worker and Water classifications shall be available on stand-by for emergency callouts on a rotating weekly basis, with the weekly rotation list approved by the Public Works Superintendent.
To ensure timely response to wastewater treatment emergencies during non-shift and nonscheduled overtime hours, wastewater treatment employees holding the classifications of Wastewater Treatment Plant Supervisor, Wastewater Treatment Plant Operator III, and Wastewater Treatment Plant Operator shall be available on stand-by for emergency call-outs on a rotating weekly basis, with the weekly rotation approved by the Chief Wastewater Plant Operator.
Other classifications deemed necessary by the City Manager or Department Head may be assigned to stand-by as needed.
Compensation for each week shall of stand-by served shall be based on the overtime rate of the Lead Maintenance Worker (Step 7); one overtime hour of compensation for each day of stand-by. Standby pay is in addition to overtime pay for callouts when employees on stand-by are actually called out to respond to emergencies.
For an employee to become eligible for stand-by pay, the employee must be off probation and free from work restrictions.
Employees on stand-by are off duty and are free to pursue whatever private interest they choose, except that while on stand-by they are required to refrain from activities that might impair their ability to safely and efficiently perform emergency treatment duties if called out for duty.
Employees on stand-by must be available at all times to be contacted by phone and remain within a reasonable distance of the City of Anderson in order to respond to an emergency call-out as soon as possible but in any event not longer than thirty minutes.
Employees who become ill or who otherwise experience a personal emergency while on stand-by must contact their immediate supervisor or designee immediately so that an alternate employee may be assigned stand-by during that illness or personal emergency. In this event, a prorata share of the ill employee's stand-by compensation shall not be paid to the ill employee and shall instead be paid to the employee who receives the replacement stand-by assignment.
12.11 Employees within the Public Works classifications who are required to work scheduled weekend duty shall be compensated for scheduled weekend time worked, with a minimum of four hours overtime compensation per scheduled weekend shift worked.
For the City: For the Union:
Joey Forseth-Deshais, City Manager Heather McFall, Business Agent Date: ________ _ Date: ________ _
AGENDA ITEM
February 6, 2024, City Council Meeting
r Submittal By:
To: Honorable Mayor and Members of the Anderson City Council Through: Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Acting Finance Director
Date: February 6, 2024
I SUBJECT
Amendments to the 2022-2023 Adopted Budget
I RECOMMENDATION
The Acting Finance Director recommends that the City Council:
Adopt a Resolution Amending the 2022-2023 Adopted Budget j FISCAL IMPACT
These are budget clean up items with no direct fiscal impact. !DISCUSSION and BACKGROUND
The Finance Department, as part of the year-end closing process, reviews the budget for any necessary adjustments.
I ATTACHMENTS
1. Resolution Amending the 2022-2023 Adopted Budget
ITEM 6.6 PAGE1 2/6/20204
ATTACHMENT 1
Resolution No. 24-_
A Resolution of the City Council of the City of Anderson Amending the 2022-2023 Fiscal Year Budget
WHEREAS, the City Council of the City of Anderson has reviewed a request to amend the 2022-2023 fiscal year budget to make closing adjustments for several funds; and
WHEREAS, the City Council agrees that the changes are needed and now wishes to amend the budget for the 2022-2023 fiscal year.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Anderson, amends the 2022-2023 fiscal year budget as identified in Exhibit "A" to this resolution.
PASSED AND ADOPTED by the City Council of the City of Anderson on this 6th day of February 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Stan Neutze, Mayor
ATTEST:
Christy White, City Clerk
Account
001-0000-4400.000
001-0000-4440.000
001-0000-445 0.0 00
001-0000-4511.000
001-0000-4513.000
001-0000-4550.000
001-0000-4 763.000
001-0000-4851.00
001-2020-5400.000
001-3126-5101.000
001-3126-5101.112
001-3126-5310.000
001-3126-5530.007
001-4240-5101.000
001-6060-5900.000
001-6464-5900.000
105-0000-4850.000
105-4244-5721.073
105-4244-5721.074
105-4244-5729.031
105-4244-5530.002
106-4145-5721.010
110·6152-5400.000
110-6152-5725.047
117-0000-4663.000
2022/2023 Budget Cleanup Amendment
Property Tax
Business Licenses
Real Property Transfer Tax
Plumbing Permits
Administration Citations
Investment Earnin2s
Recreation Programs
Police Other Revenue
Professional Services• Finance
Salaries • APD
Salaries OT· APD
Special Departmental Exnenses • APD
Vehicle Maintenance - APO
Salaries - Engineering
Operating Transfer to Mosquito Serenade
Operating Transfer to Teen Ctr Fund
Other Revenues
2022 Cave Seal Project
2022 Pavement Project
2023 Flood
Public Works Chareeouts/Landscaping
Utilities - Street Lighting
Professional Services • Parks
Splash Pad
COPS Grants
Current
Budget
1,000,000
60,000
24,844
28,350
2,500.00
3,000.00
26,000.00
11,000
87,900
2,135,261
320,677
54,075
349,189
14,556
.
22,500
-
.
-
.
382,874
68,000
.
.
.
Change
191,995
9,678
9,336
7,378
313
21,869
7,999
84,187
49,856
559,614
279,414
44,696
64,997
44,291
40.000
10,044
241,688
434,849
267,539
72,775
168,275
21,524
20,684
5,728
48,207
New
Budget
1,191,995
69,678
34,180
35,728
2,813
24,869
33,999
95,187
137,756
2,694,875
600,091
98,771
414,186
58,847
40,000
32,544
241,688
434,849
267,539
72.775
551,149
89,524
20,684
5,728
48,207
Attachment "A"
Reason for Change
Received Increased Property Tax Revenue.
Increase in New Business License Applications
Increase in Property Tax Transfer Revenues
Increase Plumbing Permits Fees Collectied
Received funds for administration citations.
Increase in Investment Earnings.
Increase in Recreation program participation.
Received additional revenue at police department
& Canine revenue.
Increased Auditing Expenses due to new GASB
Standards
Increase in Law Enforcement personnel and
emergency responses.
Increase in Law Enforcement personnel and
emergency responses.
Recognize K-9 Revenue Spent
Additional vehicle maintence expense.
Adjustment for salaries in Engineering Division.
Increased Expenditures for Mosquito Serenade
Increased Expenditures for Teen Center.
Reimbursement (SRTA) Pavement projects.
To adjust budget for 2022 Cape Seal Project.
1 o ad1ust budget for LULL Pavement Repair
Project
To adjust budget for 2023 Flood Damage.
Increased expenses tor Public Works/
Landscaping.
Additional utility costs.
Design work for Parks Projects.
Splash Pad Maintenance
Adjust for OTS Grant Revenues
Account
117-0000-4699.000
117-3619-5310.000
161-0000-4900.000
161-6060-5400.000
330-5155-5101.000
330-5155-5220.000
660-4171-5360.000
660-4171-5400.000
660-4171-5530.002
665-4380-5310.000
665-4380-5550.000
665-4380-5900.000
665-4382-5310.000
665-4382-5360.000
665-6161-5360.000
665-6161-5530.002
770-0000-4850.000
770-4141-5101.000
770-4141-5310.000
774-0000-4786.000
774-2018·5310.000
774-2018-5400.000
776-2016·5420.000
2022/2023 Budget Cleanup Amendment
Other Grants
Special Departmental Expense
Mosquito Serenade• Transfers In
Professional Services • Mosquito Serenade
Salaries • Successor Agency Admin
Retirement • Successor Agency Admin
Utilities • Water Fund
Professional Service • Water Fund
Public Works Chargeouts • Water Fund
Special Departmental Exoenses • Wastewater
Depreciation • Sewer Operating Fund
Operating Transfers Out
Special Departmental Expenses • Sewer Fund
Utilities • Sewer Fund
Utilities• Sewer/Parks
Public Works Chargeouts • Sewer Fund
Other Revenues• Public Works
Salaries• Public Works
Special Departmental Expense • Public Works
Computer Systems Charj!,es
Special Department Expenses • Computer
Professional Services • Computer
Liability Insurance
Current
Budget
.
.
.
80,000
43,143
12,551
236,500
45,000
127,625
.
251,516
410
45,000
188,100
2,550
10,939
.
557,602
5,250
174,129
12,075
50,000
272,000
Change
23,098
21,782
40,000
18,973
20,283
3,367
99,612
77,793
261,579
1,885
4,902
102,544
102,328
135,009
7,188
122,518
1,779
128,244
140,181
3,001
21,743
91,732
162,153
New
Budget
23,098
21,782
40,000
98,973
63,426
15,918
336,112
122,793
389,204
1,885
256,418
102,954
147,328
323,109
9,738
133,457
1,779
685,846
145,431
177,130
33,818
141,732
434,153
Attachment "A"
Reason for Change
Adjust for Other Grant Revenues
APD Equipment Adjust for Grant Expenses
Funds From Recreation for Increased Expenses
Additional Expense for 2022 Mosquito Serenade
Concerts.
Adjustment for Salaries in Successor Agency
Adjustment for Retirement in Successor Agency
Increased Utility Expenses for Water Fund
Increased Need for Professional Services in Water
Fund
Increased Public Works Expenses for Water
Supply & Distribution
Adjust for Expeenses in Watewater.
Increased Depreciation Expenses in Sewer
operating Fund
Sewer Projects
Increased Expenses in Sewer Fund
Increased Utility Expenses@ Wastewater
Treatment Plant.
Increased Utility Expenses
Increased Public Works Expenses for Sewer Fund
Adjust for other revenues received for Public
Works
Adjustment for Salaries in Public Works
Additional supplies and expense for Public
Works.
Adjust for Additional Expenses for Computer
Fund
Adjust for Increase Computer and IT expenses
Adjust for New Software Needs for City IT.
Increase in Liability lnsruance Costs
AGENDA ITEM
February 6, 2024, City Council Meeting
Approved for Submittal By:
I
(
Jo~ , Fj seth, City Manager
To Be)'i ~sented By:
I
•
Joi\. Pojtski, Chief of Police
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth, City Manager
From: Jon Poletski, Chief of Police
Date: February 6, 2024
I SUBJECT
Purchase Five Skydio X10 Drones and the necessary equipment and services to properly operate them using the Federal Department of Transportation Pipeline Training Grant.
j RECOMMENDATION
The Chief of Police recommends that the City Council:
1. Approve the purchase of the Five Skydio X10 Drones and the necessary equipment and services using the grant funds which were accepted on October 3, 2023, at a council meeting. This purchase will cost $87,572.30 plus $7,144.35 in tax and shipping.
2. The grant will cover the operating and service contracts for the Drones for a three year contact of $22,570.70.
I FISCAL IMPACT
The city will not experience a fiscal impact as the acquisition of the drones is funded through a grant from the Federal Department of Transportation Pipeline Training Grant.
ITEM 6.9 PAGE1 2/6/2024
I DISCUSSION and BACKGROUND
On October 3, 2023, Lt. Steve Blunk presented a staff report to the City Council, seeking approval for a $143,000 grant from the Consolidated Appropriations Act, specifically the Federal Department of Transportation Pipeline Training Grant. During the same meeting, the council granted approval for the acceptance of the $143,000 grant. The funds obtained from the grant were designated for drone pilot training, focusing on advanced flight techniques, specialized sensor usage, and proficiency in mapping programs. In addition to training, the grant empowered the Anderson Police Department to procure drones and related equipment for both training purposes and deployment in law enforcement and public safety activities.
Chief Jon Poletski is requesting council approval for the acquisition of five Skydio XlO drones, including the required hardware, software, and services. The need for five drones arises from operational considerations where multiple drones are deployed simultaneously. This deployment strategy ensures a continuous surveillance presence during an operation by relieving a drone over the incident before it returns, allowing for battery replacement and seamless transition.
In the process of acquiring these drones, the Anderson Police Department (APD) solicited quotes from three companies for drones and the required hardware, software, and services. After evaluating the quotes from the three platforms, it was determined that Skydio XlO drones excel in the areas most crucial to APD's needs. Therefore, the recommendation is to proceed with the purchase of the drones from Skydio. Attached to this staff report is a letter from Sgt. Finch providing detailed insights into the research and evaluations conducted on the different companies.
I ATTACHMENTS
1. October 3, 2023 Staff Report from Lt. Steve Blunk.
2. Quotes from Skydio, General Pacific, and brine, detailing the purchase of 5 drones.
3. Letter from Sgt. Finch regarding his research and recommendation to purchase Skydio drones.
ITEM 6.9 PAGE2 2/6/2024
AGENDA ITEM
October 3, 2023 City Council Meeting
To:
Through:
Honorable Mayor and Members of the Anderson City Council Jon Poletski, Acting City Manager
From: Steve Blunk, Lieutenant
Date: October 3, 2023
!SUBJECT
Federal Department of Transportation Pipeline Training Grant =
Approve the 143K Federal government grant from the Consolidated Appropriations Act.
I DISCUSSION and BACKGROUND
The Federal Department of Transportation has offered a pipeline training grant to state agencies over the past several years. This year, the grant was opened to local municipalities as well. The Intent of the grant is to provide financial resources to government agencies to obtain training and training equipment that can be used for the response to pipeline related incidents. The grant offers funds without a matching requirement from the receiving municipality and funds are to be used only for the purposes stated in the original application. The funds received from our grant Is to provide drone pilot training in advance flight techniques, use of specialized sensors, and mapping programs. In addition to the training, the grant allows the Anderson Police Department to purchase updated drone systems to train with and then utilize for law enforcement and public safety related activities. The emphasis of this grant is training, with equipment being secondary. This grant will allow advanced drone flight training for the Anderson Police Department and allied agencies. It will also allow for the purchasing of up to date ITEM6a2 PAGE1 10/3/2023
equipment that is relevant to todays challenges. At the conclusion of the grant and its training benefits, the Anderson Police Department will have advanced training and equipment that will allow for high quality services to the greater Anderson Community and various allied agencies such as fire, public works, and law enforcement I ATTACHMENTS ]
1. Agreement
ITEM.6.2 PAGE2 10/3/2023
Skydio, Inc.
3000 Clearview Way
San Mateo, CA 94402
United States
Order Form #:
Created Date:
Expiration Date:
Prepared By:
(855) 463-5902 Sl<ydio [email protected] Prepared By Email:
Order Form
Q-16125
12/21/2023
2/9/2024
Andrew Warren
[email protected]
Cu stomer Information I
Customer: Anderson Police Department
Billing Information
Anderson Police Department
2220 North St
Anderson, California 96007
United States
Billing Contact (for Invoices)
Tyler Finch
[email protected]
5302763525
Patrol Overwatch
H :1rdwarc + Porpotual Softw;ir o
Product Code Product Name
Shipping Information
Anderson Police Department
2220 North St
Anderson, California 96007
United States
Shipping Contact
Tyler Finch
[email protected]
5302763525
Quantity
DR4ESKT21ZGOOOONA Skydlo X10 Starter Kit (2.4/5 GHz with Cellular, 5.00 IR) NA + VT300-Z
SWORNDR4 Skydlo Drone Software for X10 5.00
SWNIAUPERPDR4 Skydio NlghtSense for X10 5.00
DR4ATTSPKM Skydio Speaker/Mic for X10 5.00
DR4ATTSPTL Skydio Spotlight for X10 5.00
DR4ATTNAIR Skydio NightSense, IR Fllter for X10 5.00
Term List Unit
(Months) Price
$16,464.40
$0.00
$2,800.00
$320.00
$265.00
$0.00
Order Contact
Tyler Finch
[email protected]
5302763525
Net Unit Total (USD)
Price
$14,817.96 $74,089.80
$0.00 $0.00
$2,170.00 $10,850.00
$288.00 $1,440.00
$238.50 $1,192.50
$0.00 $0.00
Hardware+ Perpetual Software Subtotal: $87,572.30
Scrvir.cs
Product Code Product Name Quantity Terms List Unit Net Unit Total (USD) (Months) Price Price
CEDR45G3YRNA Skydio Care for X10 with Cellular 5G, 3 year 5.00 $3,300.00 $2,838.00 $14,190.00 CEGIMVTG300Z3YRNA Skydio Care for VT300-Z Sensor Package, 3 year 5.00 $1,949.00 $1,676.14 $8,380.70 Services Subtotal: $22,570.70
Totals
Total Fees $125,492.00
Discoun1 $15,349.00
Total After Discount $110,143.00
Pagel of 5
Estimated Shippin1 $358.3'
Estimated Taxes $6,786.8'
Grand Tota $117 ,288.2(
Special Terms
Skydio V200 and VT300 gimbals are export controlled items, with export control classification number (ECCN) 6A003.b.4.b. Where an export license is required, delivery of any export controlled item is contingent upon Skydio being granted an export control license for the sale from the U.S. Department of Commerce. If Skydio delivers an export-controlled item to a customer in the U.S. and that customer seeks to export or otherwise divert the item outside the U.S., it is the customer's responsibility to apply for any required license(s) from the U.S. government.
Diversion contrary to U.S. law ls prohibited.
Certain items in this order may be subject to pending regulatory certification. Delivery of any such items is contingent upon successful! completion of the applicable equipment certification and authorization process. Skydio shall bear sole responsibility for, and will provide a full refund to Customer in the event Skydio is unable to obtain regulatory certification or authorization for any items in this order.
Terms and Conditions
This Order Form shall be incorporated in, governed by, and subject to the Skydio Sales Terms and Conditions ("T&C") located at https;/lwww.s~l (unless there is a separately negotiated agreement between Customer and Skydio). The product descriptions and definitions are set forth in Exhibit A. In the event of any conflict, the order of precedence shall be the Order Form, followed by any Underlying Agreement, and finally the T&C.
The Purchase Prices and Fees listed In this Order Form are exclusive of taxes or duties of any kind.
All Orders are non~cancelable, and any fees paid are non-refundable.
All standard Skydio Lead Times and Standard Shipping, as stated below, apply to all orders.
Lead Times: Manufacturing lead times are at least 30 days from the date of Order Booking.
Standard Shipping: Standard Shipping encompasses ground shipping based on weight and package size for delivery. Shipping fees shown on the Order Form are for Standard Shipping.
Expedited Shipping: Any expedited shipping requests, or requests to ship to multiple locations, post order form signature, will incur additional fees, which will be added to your invoice at time of shipping. Should Skydio receive any such requests after the execution of the Order Form, Skydio will do its best to respond to customer's requests but reserves the right to advise customer of increased shipping fees for customer to decide if they would like to proceed, in which case revised shipping charges will be communicated to customer for their acceptance to proceed.
Any such requests will require email confirmation of request and acknowledgement that additional incurring fees have been approved.
Additional lnfor mat ion
Is there a purchase order (PO) number or other reference number that you would like us to include on your invoice and packing slip (if applicable)?
l No
] Yes - Please complete below
PO or Reference Number: ______ _
Please email any purchase orders or tax exemption documentation to [email protected] Any inclusion of Customer's PO Number or PO Amount is for reference purposes only. Furthermore, any terms or conditions contained on any Customer PO shall not be binding on Skydio, and no action by Skydio (including the reference of the Customer's PO Number on invoicing, shipment of the ordered products, activation of any licensed software, etc.) shall be construed as Skydio's acceptance of such terms or conditions.
This Order Form has been executed by the parties' authorized representatives as of the dates of their respective signatures below.
Customer Skydio Inc.
Signature: )ignature:
Name: Name:
fritle: Title:
Date: Date:
Exhibit A: Product Descriptions and Definitions
Product Name Description
Skydio XlO Starter Kit (2.4/5 GHz with Kit includes one (1) Skydio XlO 2.4/5 GHz with Cellular vehicle, one (1) 2.4/5 GHz with Cellular Cellular, IR) NA+ VT300-Z Enterprise Controller, one (1) VT300-Z Sensor Package, one (1), pro case, two (2) wall adapters with USB cable, one (l} set additional propellers, two (2) 256 GB micro SD cards, three (3) batteries, and one (1) 2-up charger.
Skydio Drone Software for XlO Skydio Autonomy allows the drone to see, understand, and act upon the world. License is perpetual and non-transferable.
Skydio NightSense for XlO Skydio NightSense for XlO includes access to advanced autonomy functionality in no and low light situations (perpetual license).
Skydio Care for XlO with Cellular 5G, 3 Skydio Care for XlO with Cellular SG {3yr plan} includes: (a) three (3) Damage Replacement with year advance shipment and up to one (1) Lost Drone Replacement with advance shipment. In either event, Customer will be charged the full cost of the replacement drone if Skydio fails to receive payment of associated replacement fees (covered in T&C) within thirty (30) days of the shipment.
Continental US and Hawaii and Alaska only.
Skydio Care for VT300-Z Sensor Package, Skydio Care for VT300-Z {3yr plan) includes: (a) one (1) Damage Replacement with advance 3year shipment and up to one (1) Lost Sensor Package Replacement with advance shipment. In either event, Customer will be charged the full cost orthe replacement sensor package if Skydio fails to receive payment of associated replacement fees {covered in T&C) within thirty (30) days of the shipment. Continental US and Hawaii and Alaska only.
Skydio Speaker/Mic for XlO One {l) speaker and microphone attachment that can be carried by the Skydio XlO.
Skydio Spotlight for XlO One {l) spotlight attachment that can be carried by the Skydio XlO.
Skydio NightSense, IR Filter for XlO One (1) infrared light spectrum active illumination attachment that can be carried by Skydio XlO.
GEN
PAC
General Pacific, Inc.
Anderson Police Department
2220 I\Jorth St,
Anderson, CA 96007
us
Hello Tyler,
Thank you for choosing Gen Pac as your drone provider.
Pr_oducts & Services
Item & Description Part Number
·011 Matrice 301 (Plus) Combo DJI M30T
Aircraft, RC Plus Controller, Payload· Laser Range Finder, 12MP COMBO - SPP Wide and 48MP Zoom Camera, 640x5 I 2 Radiometric Thermal, 2 x T830 Intelligent Flight Battery, BS30 Charging Station, USB .Cl'l8f9:~r"€erble4Gt.J;:na~l~ro~lle!:!r::._, P~ropellers, Carrying Case, 1 Year Ent~rp~ise Pl_lls Prote
~'"i Ci. ' •
tandard
Sec\!.ic.e. ___ - ,..,=;;.__ __ _
OJI TB30 Intelligent Flight Battery
Intelligent Flight Battery for M30 Series
OJI WB37 Intelligent Battery
OJI RC Plus, DJI RC a"!d Crysta! Sky additional battery DJI TB30
DJIWB37
INTELLIGENT
BATTERYCP. BX.000229
Reference: 20231222-064903550
Quote created: December 22, 2023
Quote expires: June 19, 2024
Quote created by: Todd Young
Quantity
5 20
5 [email protected]
+13606073817
Unit Price Total
$9,810.00 $49,050.00
$320.00 $6,400.00
$57.00 $285.00
Item & Description Part Number Quantity Unit Price Total CZI LP12 For M30 Series GEN LP12 5 $1,850.00 $9,250.00
Top-mount loudspeaker & ghnba!lecl spotlight tor DJI M30 series. 2000 lumen light, 120 decibels.
GenPac Pre-Shipment Care $0.00 $0.00
GenP::ir.:'~ mnnufcictvret trn·ned technicians will perform all man ufacturer recommended firmware updates prior to
shipping/deliv?.ry. Includes charging all flight batteries and con- !rollers. This process usually takes sever.:il hours before you can fly. We will also install any accessories you have purchased such ~s i1u.:ii'Jfmbals or any accessory mounts. This ensures your UAS system is ready to go when it arrives to you.
GenPac Customer Assistance Program $0.00 $0.00
• We offer 24ll support for all products we sell. No matter what you need, you can feal comfort:1ble reaching out to ask questiun!:. ff we are unable to offer a solution, we will do our best to reach out to OJI or any oiher manufacturer directly to ~olve the issue in a timely fashion.
Gen Pac Hands On Product Training ( 1-Day) 1 $0.00 $0.00 1 day hands on training for customers with new equipment.
Includes (but not limited to) setup, operations, charging, settings, etc.) One-time subtotal $64,985.00
Total $64,985.00
Questions? Contact me
Todd Young
[email protected]
+13606073817
General Pacific
22414 NE Townsend Way
Fairview, OR 97024
United States
o·-· ·~ .r., ~ ••'
' . ,
brine
Anderson Police Department, CA - L2 Basic
Kit
Anderson Police Department, CA
Tyler Finch
• • i
Comments from Joe Schmidt
Purchase Order. Please send your purchase order, referencing quote number, along with a tax exempt certificate, if applicable, directly to:
Joe Schmidt
[email protected]
503-5Sl-849<'►
Products & Services
Item & Description SKU Quantity Unit Price Total
Lemur 2 Basic Kit L2- $14,999.00 $14,999.00
r,:h,3; 9 i=l9 ~H.::::e;so1 ;~ SfAi f':-~ °)("~ : 1,,•~ ..-.,nd t.::f)! k\\. i,1ts91~t:;2ci into ~ .. 2'1:-.,".C. 11 ca:FY'd/ cus~ori, ..:~ l lO,i:l n - :n:--J•.IG~:; "-11i:;a.3; i ;,1111.,1 t~ctl 1· J"<·' s \Vi;"IH,:int:,,
Subtotals
One-time subtotal $14,999.00
Total $14,999.00
Purchase terms
Payment Terms. Net 30. Forms of payment accepted include ACH and wire transfer. VISA, Mastercard, and American Express are accepted on orders less than $3,000 Signature
Signature
----------·---·
Questions'? Contact me
Joe Schmidt
Sr. Territory Account Executive
Joe schmidt@brincdrones com
+1503SS18494
BRINC Drones
1055 N. 38th St.
Seattle, WA 98103
United States
Date
Sir,
Here are the approximate numbers for Sx LEMUR 2s with each having the 3 year Safeguard program. tn addition to being a beefed up warranty program with unlimited repairs and replacements throughout the three years, the Safeguard program also ensures a full hardware upgrade to our newest interior drone system 2 years after the original start date so your UAS fleet is evolving with the technology.
LEMUR 2 Three Year Safeguard: $19, 779/yr or $59,337 paid up front.
Sx LEMUR 2 Three Year Safeguard: $98,895/yr or $296,685 paid up front. There would likely be an approximate 10% volume discount.
As we discussed, I feel the exterior platform your department was considering is a better fit for the use cases and applications that APD would need in the near term.
Please let me know if you have any questions at all and I hope you have a great week.
Joe Schmidt
BRINC Drones
Sr. Territory Account Executive
503-551-8494
[email protected]
On Fri, Dec 29, 2023 at 8:03 PM Tyler Finch <[email protected]> wrote:
That should be fine. These are the original quotes I have from you.
From: Joe Schmidt <[email protected]>
Sent: Friday, December 29, 2023 7:50 PM
To: Tyler Finch <[email protected]>
Subject: Re: BRINC Lemur 2 Demo and Quote
Thank you very much! I will certainly share and refer. I apologize but our quoting system stopped working until they approve our new pricing, Will an email with rough pricing work for the Sx drones with 3 year warranty work?
Thank youl
On Fri, Dec 29, 2023 at 7:10 PM Tyler Finch <[email protected]> wrote:
Joe,
Thank you for the phone call yesterday. Here is the link for the grant that we were speaking about https ://www. p h msa .dot.gov/ a bout-phm sa/worki ng-p hm sa/grants/pipe line/ pipe Ii ne-e mergencyres ponse-gra nt-perg •
Anderson Police Department
2220 North Street P.O. Box 1804
Anderson, CA 96007-1804
530-378-6600 • 530-378-6625 fax
Via chain of command:
Chief Poletski,
Jon Poletski
Chief of Police
Over the past year I have spent countless hours evaluating our drone program and its current needs for a new drone platfonn. While there are many options available, I narrowed my search down to three companies and platfonns that would suit our needs the best. The three platfonns are the Skydio XlO, the DJI M30T, and the Brine Lemur 2. All three platfonns are industry leaders and are the most advanced drones on the market in our price range that fit our needs.
Through my research, I have ruled out the Brine Lemur2 as a viable option for our agency for two main factors. The platform is primarily designed to be operated indoors, this is agreed upon by the company from my many conversations, and their care/ maintenance package costs approximately $20,000/ yr which is 20x Skydio and DJI. While Brine makes a great product, for these two reasons, I cannot in good faith recommend them for our current needs.
Focusing on the Skydio and OJI platfonns, I have found that on the outside, they appear to be similarly equipped. But upon conducting a detailed analysis of the two platforms, the Skydio is significantly better and the DJI cannot match. There were 25 key areas that I used to evaluate each platform.
Attached is a side by side comparison of the platforms.
Of the 25 categories I used, Skydio beat DJI in 11 ofthemDeployment time of 40 seconds vs. unstated by OJI Upgradeable hardware vs. purchasing a whole new drone with OJI 2-way communications vs. I-way communications with OJI
Day and night collision avoidance vs. daytime only collision avoidance with OJI US based customer support vs. 3rd party/ Chinese based customer support with OJI Direct sales vs. 3rd party sales with Dn
NOAA compliant vs. not NOAA compliant with OJI
Multiple attachments vs. singular attachment with OJI
Weight of 4.721bs vs. 8.161bs with OJI
Ability to fly in FAA denied areas (fire areas) vs. no flight in FAA denied areas with DJI Advanced 2D mapping program included vs. basic 2D mapping program included with OJI Of the 25 categories I used, Skydio and OJI tied in 12 ofthemTherrnal camera Spotlight attachment
Loudspeaker attachment
Remote Operations
DFR compatible
Night Flight
Outdoor as a primary use
Neither had Indoor mapping
Remote view compatible
Axon Air compatible
40min. flight time
Size
Of the 25 categories I used, on beat Skydio in two of themOperating temperature of -4 to 122 vs. -4 to 113 for Skydio 30 batteries (six each drone) included in the quoted price vs. 15 batteries (three each drone) Of those 25 categories, I feel the following nine criteria are the most important and Skydio wins in all areas:
Day and night obstacle avoidance.
20 mapping included.
Fast deployment.
Direct sales
Upgradable hardware
2-way communication.
Multiple attachments.
NOAA complianV American made.
FAA denied flight
Highlighting some of these categories to show their importance is that day and night obstacle avoidance will increase the pilot's capabilities, reduce the chances of a crash, and limit agency liability.
The hardware and software are upgradable so as to increase the life span of the drone. OJI encourages buying new drones as technology improves while Skydio builds hardware and software that can upgrade an existing platform. This saves money in the long run by increasing the lifespan of the drone from 2-3 years to 5-7 years.
The ability to fly in FAA denied areas- example: during the Carr fire we could not fly our DJI drones because Cal Fire and the FAA had placed a large no fly zone over Shasta County and the OJI platform will not launch or fly in an FAA no fly zone. Skydio drones recognize the no tly zone but will fly anyways because the company and platform is designed for professionals and not the average citizen. A more recent example of a potential issue would be, if the Peter Fire was a larger incident where a no fly zone was designated by the FAA, the OJI would most likely not be able to fly because of the FAA restrictions. The Skydio would be able to fly and provide reconnaissance after Calfire air operations had concluded for the day.
NOAA (National Defense Acquisition Act)/ AOSA (American Drone Security Act) banning federal agencies and federal grant funds purchasing Ch'inese made drones was signed into law by President Biden.
There is an implementation date in 2025 for this law to take effect. This means that if we purchase on drones in 2024, we would be required to cease their use in 2025 and purchase new compliant drones at our own expense.
In addition to the physical features of the Skydio, the customer service and at the very least, the appearance of caring about the customer, the Skydio company is significantly better.
Examples are:
Our area representative, Eric Smith, is extremely attentive and has even provided me with his personal cell number for contact and correspondence. Recently, Skydio sent three representatives to our demo, two from the bay area and one from Denver.
I reached out to OJI in early November for a law enforcement referral for a vendor. As of the 01/03/2024, I have not heard back from on for a vendor but have received plenty of spam emails from them. I had to ask RPO who their vendor was (GenPac in Oregon). Genpac has been very quick to respond but they are a third party and this does not fix concerns about warranties, products, and customer service issues.
After our recent in person demo, Ofc. Starkey, Det. Mendoza, and l had a video meeting with Skydio to go over their 3D mapping capabilities. After the meeting, both said that the 3D mapping program was very good and would potentially save hours of time and produce a significantly better end product for our crime scene and traffic collision documentation.
In addition to my research, I have reached out to our nearby allied agencies. I spoke with RPD and SCSO for insight on their current drones. Some of the highlights of my conversations are as follows:
Both the Redding Police Dept. and Shasta County SO currently deploy various models of DJI drones.
Both have said that they use DJI because they are/ were not aware of other comparable drone companies. ** this seems to be the general consensus in the LE drone world, agencies go with DJI because it's what they know and not necessarily the better product. The "it's how we've always done it" approach**
Both agency representatives have expressed recent issues with their DJI batteries. o The Sheriffs department advised that they had six new DJI batteries and that half would not hold a charge but would read as fully charged until attached to an aircraft.
Both agencies have expressed difficulties in reaching an actual DJI representative.
After evaluating the three platfonns, it is my professional opmion that the Skydio XIO is significantly better in the areas most important to us and therefore, I strongly recommend that we commit to the attached quote from Skydio.
Thank you for your consideration and confidence,
Sergeant
DRONE COMPARISON
FEATURE SKYDIOX10 BRJNC LEMUR2 DJI MATRICE 30T
THERMAL YES YES VES
DEPLOYMENT TIME 40SECONDS 4SSECONDS NOTSTATED
SPOTLIGHT YES (ATTACHMENT) YES (INTEGRATED) YES (ATTACHMENT}
LOUD SPEAKER YES (ATTACHMENT) YES (INTEGRATED) YES (ATTACHMENT)
UPGRADEABLE HARDWARE YES NO NO
2-WAY COMMS. YES YES NO
REMOTE OPERATIONS YES NO YES
DFR COMPATABLE YES NO YES
NIGHT FLIGHT YES YES YES
COLLISION AVOIDANCE DAY/NIGHT DAY/NIGHT DAY
PRJMARVUSE OUTDOOR INDOOR OUTDOOR
US BASED CUSTOMER SUPPORT YES YES NO
SALES DIRECT DIRECT 3RDPARTY
NOAA COMUANT YES YES NO
REALTIME INDOOR MAPING NO YES NO
REMOTE VIEW COMPATIBLE YES YES YES
AXON AIR COMPATIBLE YES NO YES
MULTIPLE ATTACHMENTS YES NO NO
FLIGHT TIME 40MIN 20MIN 40MIN
OPERATING TEMPERATURE T01U NOTSTATED TOW
SIZE U.1• • 25.&• • S.7" 1,·.u•114• 3z•x11•xu•
WEIGHT 4.nLBS ULBS B.lliLBS
BATTERIES 3 2 6
FAA DENIED FLIGHT YES YES NO
MAPPING PROGRAM INCLUDED YES-2DPHOTO YES- INT!lllOR ONLY LIDAR ICtNDA DRONE ONLY COST $17,000 (AS OF DEC. 2023) $15,000 (AS OF APR, Z023) $12,500 (AS Of DEC. ZOU) To:
Through:
From:
Date:
!SUBJECT
AGENDA ITEM
I February 6, 2024 City Council Meeting
ubmittal By:
To Be Presented By:
~( Adam Whelen, Public Works Director
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Adam Whelen, Public Works Director
February 6, 2024
Consider adopting a resolution to temporarily change parking restrictions in the vicinity of the Shasta District Fairgrounds during the Sierra Cascade Logging Conference, Nor-Cal Boat, Sport, and RV Show, Shasta District Fair, and Anderson Explodes.
I RECOMMENDATION
The Public Works Director recommends that the City Council:
Consider adoption of a resolution establishing a temporary "No Parking" zone along the south side of Briggs Street between West Center and Church Street, along the south side of First Street between Church Street and Fairgrounds Drive, and along Fairgrounds Drive during the Sierra Cascade Logging Conference, February 4-11, 2024, Nor-Cal Boat, Sport, and RV Show February 25 - March 3, 2024, the Shasta District Fair June 17-23, 2024 and Anderson Explodes July 3, 2024 and a temporary "Loading Zone" along the east side of Fairgrounds Drive during the Shasta District Fair.
ITEM 6.10 PAGE1 2/6/2024
!FISCAL IMPACT
There is a minimal expense for Public Works employees to set up signs along the designated locations. The setup and take down will occur during the normal course of the workweek.
I DISCUSSION and BACKGROUND
Ms. Melanie Silva, CEO of the Shasta District Fairgrounds, has requested that the City Council allow changes in the parking restrictions in the vicinity of the Shasta District Fairgrounds during the Sierra Cascade Logging Conference February 4-11, 2024, Nor-Cal Boat, Sport, and RV Show February 25 through March 3, 2024, the Shasta District Fair June 17 through June 23, 2024 and Anderson Explodes July 3, 2024. Changes to the restrictions include the temporary installation of a "No Parking" zone along the south side of Briggs Street between West Center Street and Church Street, and along First Street between Church Street and Fairgrounds Drive and Fairgrounds Drive, and a temporary "Loading Zone" along the east side of Fairgrounds Drive during the Shasta District Fair.
I ATTACHMENT
1. Resolution establishing waiver of "No Parking" zones during the events
2. Parking Restriction Exhibit
ITEM 6.10 PAGE2 2/6/2024
RESOLUTION NO. 24-xx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON,
ESTABLISHING TEMPORARY PARKING RESTRICTIONS IN THE VICINITY
OF THE SHASTA DISTRICT FAIRGROUNDS FOR THE SIERRA CASCADE
LOGGING CONFERENCE, NOR-CAL BOAT, SPORT AND RV SHOW,
THE SHASTA DISTRICT FAIR, AND ANDERSON EXPLODES
BE IT RESOLVED, the City Council of the City of Anderson hereby establishes a temporary "No Parking" Zone as provided in Section 10.32.010 of Anderson Municipal Code during the Sierra Cascade Logging Conference February 4-11, 2024, Nor-Cal Boat, Sport, and RV Show February 25-March 3, 2024, the Shasta District Fair June 17-23, 2024, and Anderson Explodes July 3, 2024 at the following locations:
1. South side of Briggs Street from West Center Street to Church Street
2. South side of First Street between Church Street and Fairgrounds Drive.
3. Fairgrounds Drive
And a temporary "Loading Zone" during the Shasta District Fair 50 feet south of and extending 90 feet north of Gate 3 on Fairgrounds Drive.
PASSED AND ADOPTED by the City Council of the City of Anderson this 6th day of February, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Stan Neutze, Mayor
ATTEST:
Christy White, City Clerk
/ V
LEGEND
~ TEMPORARY "NO PARKING" ZONE
Ill TEMPORARY "LOADING ZONE"
FAIRGROUNDS
TEMPORARY PARKING
RESTRICTION EXHIBIT
AGENDA ITEM
February 6, 2024, City Council Meeting
r Submittal By:
To Be Presented By:
Jennife
Admin
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From:
Date:
Jennifer McDaniel, Director of Operations and Administration February 6, 2024
!SUBJECT
Amendment to update permitted uses and uses approved subject to a use permit for specific commercial and industrial zone districts of Title 17 -Zoning
I RECOMMENDATION
1. Review the staff report and environmental determination.
2. Open the public hearing and consider public testimony.
3. After closing the public hearing, adopt the CEQA determination, and adopt an Ordinance (first reading) amending Chapters 17.18, 17.22, 17.24, 17.26 of the Anderson Municipal Code regarding Commercial and Industrial uses and set for adoption (second reading) on February 20, 2024.
4. Direct the City Clerk to read the Ordinance by title only.
I FISCAL IMPACT
There is no fiscal impact.
I DISCUSSION and BACKGROUND
The City of Anderson Municipal Code, Title 17 - Zoning, includes several classes of general districts or zones within the city including 22 districts and combining districts. Of the 22 land use districts, there are 3 commercial districts and 2 Industrial districts which include sections outlining applicability, uses permitted, uses permitted subject to a use permit, and ITEM 7.0 PAGE1 2/6/2024
development standards including but not limited to site requirements, height, setbacks, parking, and landscape.
The amendment includes 4 of the 22 zone districts of the Anderson Municipal Code to update the uses permitted and the uses permitted subject to approval of a use permit. This text update will not amend any development standards and will be limited to Chapter
17.18 - General Commercial (C-1), Chapter 17.22 - Heavy Commercial (C-3), Chapter 17.24 - Light Industrial (M-1), Chapter 17.26 - Heavy Industrial (M-2). The proposed amendments are indicated in Attachment C, Redline Code Sections with proposed additions in red and omissions as strH~eo\:lt.
Amendments will be incorporated in existing commercial and industrial code sections to include common uses that have been previously omitted, recognize new uses based on evolving business practices, achieve compliance for existing businesses and include uses in appropriate districts based on impacts and consistent with the development standards of the district. The proposed land use updates are text updates only and will not result in any revisions to zone district maps. The intent of the update is to provide clarity to the public and to assist new businesses locating in the City of Anderson.
ENVIRONMENTAL DETERMINATION:
The City of Anderson finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA"), and, pursuant to CEQA Guidelines, common sense exemption, 15061(b)(3) with the incorporation of the proposed updates to included uses deemed to be approved by ministerial action and uses approved through a use permit process where individual applications would be individually subject to environmental review, 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.
PUBLIC NOTICE:
A 10-day public hearing notice of the proposed amendment was published in the RecordSearchlight. No public comments on the project have been received at the Planning Department at the time of this report.
I ATTACHMENTS
A. Planning Commission Resolution Recommending Amendment B. Draft Ordinance
C. Redline Code Sections Amendments
ITEM 7.0 PAGE2 2/6/2024
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANDERSON TO UPDATE THE
USES PERMITTED AND USES PERMITTED SUBJECT TO A USE PERMIT IN THE COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS OF TITLE 17- ZONING OF THE ANDERSON MUNICIPAL CODE.
WHEREAS, Title 17 - Zoning is comprised of several classes of general districts or zones within the city and include twenty-two (22) total districts and combining districts. Of those districts, three (3) are commercial districts and two (2) are Industrial districts.
WHEREAS, the commercial and industrial districts have been amended over the years based on individual projects, specific state mandates and annexations. These amendments have resulted in inconsistent development over time; and
WHEREAS, Amendments are proposed as follows update the current uses permitted and uses permitted subject to a use permit for the following zone districts:
Chapter 17.18 - General Commercial (C-1), Chapter 17.22 - Heavy Commercial (C-3), Chapter 17.24 - Light Industrial (M-1), Chapter 17.26 - Heavy Industrial (M-2) WHEREAS, through the amendment to update the uses permitted and uses permitted subject to a use permit in the commercial and industrial zone districts of title 17- Zoning, the City Council seeks to promote the orderly and harmonious development of the City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANDERSON DOES ORDAIN AS FOLLOWS:
SECTION 1. Purpose:
The proposed zone districts updates will be limited to sections specifically addressing permitted uses and uses permitted subject to a use permit. Amendments include uses be incorporated in existing Commercial and Industrial code sections to include common uses that have been previously omitted, recognize new uses based on evolving business practices, achieve compliance for existing businesses and include uses in appropriate districts based on impacts and consistent with the development standards of the district. The proposed land use updates are text updates only and will not result in any revisions to zone districts maps.
The intent of the update is to provide clarity to the public and to assist new businesses locating in the City of Anderson.
l l Page
Attachment 8 • Draft Ordinance, ZA24-01 (Updated Uses - Commercial & Industrial) Chapter 17.18 - General Commercial (C-1) Chapter 17.22 - Heavy Commercial (C-3)
17.18.020 Uses permitted.
A. The following uses and similar uses of a retail business or service nature 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:
Art studio, antique or gift shop,
Automobile parking lot,
Automobile parts supply store (not including installation, machine shop, repair or a warehouse),
Bakery shop (retail only),
Bank or savings and loan or finance offices,
Barber or beauty salon,
Bookstore,
Bookkeeping service,
Butcher, cold storage,
Camera shop,
Candy store,
Caterers,
Cleaning agency or laundry,
Clinics,
Clothing or apparel store,
Commercial school or hall,
Curio or novelty shop,
Department store,
J
Drug store or pharmacy,
Financial services,
Florist,
Furniture or interior decorating store,
Garden supply store,
Grocery store,
Hardware or appliance store,
Attachment 8 - Draft Ordinance, ZA24-01 (Updated Uses - Commercial & Industrial) 21 Page
Health club, gym, fitness center,
Hotels, motels,
Household goods,
Jewelry and services,
Key shop, locksmith,
Leather goods shop,
Liquor store (provided no consumption on the premises), Offices of a professional nature,
Office supply or stationery store,
Paint store,
Pet shop, pet grooming,
Photography store, or studio
Restaurant, cafe or coffee shop (indoor or outdoor),
Self-service laundry, or dry cleaners
Shoe repair shop,
Sporting goods store,
Tailor shop,
Toy store,
Utility administrative offices.
B. Uses, buildings and structures accessory to any of the above; C. Other uses which in the opinion of the planning commission are of a similar nature; D. Temporary sales of Christmas trees from November 15th through January 2nd are allowed in parking lots provided that traffic is not impeded.
17.18.030 Uses permitted subject to a use permit.
Uses permitted subject to first obtaining a use permit as specified in Chapter 17.50 are as follows:
A. Uses permitted in any R district;
B. Clubs, lodge halls, fraternal organizations, social halls, auditoriums, and private or public assembly halls;
C. Flea markets, secondhand sales, outdoor markets or similar establishments; D. Animal hospital or veterinary clinic;
31 Page
Attachment 8 - Draft Ordinance, ZA24-01 (Updated Uses - Commercial & Industrial) E. Gasoline service station, auto repair shop, or machine shop; provided all operations are conducted within a building and do not involve dismantling of vehicles or outside storage of parts or vehicles except for occasional customer parking; F. Drive-in establishments whether in conjunction with a permitted use or otherwise; G. Bus terminals, car washes, bowling alleys, business colleges; H. New and used car dealerships or sales lots;
I. Pawnshop.
J. Theater
K. Shopping centers as defined in section 17.04.710;
L. Commercial developments of over twenty thousand square feet of gross floor area (except hotels and motels);
M. Single-room occupancy units, subject to the following standards:
a. No transient occupancy. Units must be occupied as the primary residence of the tenant;
b. Maximum of thirty units per site;
c. Minimum unit size of two hundred square feet for occupancy by one person and two hundred eighty square feet for occupancy by two persons. No more than two persons per unit;
d. Approval of a management plan that outlines objectives, policies, and procedures;
e. On-site management with a manager's office for nine or fewer units and/or a manager's unit for ten or more units; and
f. Laundry, kitchen, and bathroom facilities must be provided on-site (may be individual or shared).
N. Equipment sales and rentals.
Chapter 17.22 - Heavy Commercial (C-3)
17.22.020 Uses permitted.
The following uses and similar uses are permitted in C-3 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:
A All uses permitted in the C-1 district without a use permit; B. The following uses when conducted entirely within a building:
Auto repair, including paint, body, brake, muffler and transmission repair, Bowling alley,
41 Page
Attachment 8 - Draft Ordinance, ZA24-01 (Updated Uses - Commercial & Industrial I Cabinet shop,
Dry cleaning,
Electronic equipment sales and service,
Electronic assembly plant (not to include manufacturing), Frozen food locker,
Glass sales and service,
Gunsmith,
Medical, dental and optical laboratories,
Printing shop,
Publishing,
Sales of new and used cars, motorcycles, boats, manufactured housing and recreational vehicles, and service,
Secondhand sales, pawnshop,
Skating rink,
Storage, mini warehouses,
Tire recapping, retreading, sales and service,
Upholstery shop,
veterinarians,
Welding shop,
Wholesale stores:
C. Gasoline service stations; provided that all operations except the servicing of gasoline, oil, air and water are carried on within a building; D. Uses, buildings and structures accessory to any of the above; E. Emergency shelters subject to the following standards:
1. Maximum of twenty-four occupants per site per night;
2. At least one facility manager shall be on-site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate;
3. Maximum length of stay: One hundred eighty days in any twelve-month period;
4. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way; and
SI Page
Attachment 8 - Draft Ordinance, ZA24-0l (Updated Uses - Commercial & Industrial)
5. Indoor client intake/waiting area of at least one hundred square feet if client intake is to occur on-site. If an exterior waiting area is provided, it shall be enclosed or screened and designed to prevent queuing in the public right-ofway; F. Other uses which in the opinion of the planning commission are of a similar nature.
17.22.030 Uses permitted subject to a use permit.
Uses permitted subject to first obtaining a use permit as specified in Chapter 17.50 are as follows:
A. Bottling and distributing plant;
B. Building materials yard;
C. Carwash;
D. Feed store;
E. Lumber yard;
F. Nursery for plants and landscaping materials,
G. Machine, manufacture shop;
H. Outdoor sales and storage;
I. Planing mills;
J. Rental agency;
K. Research laboratories;
L. Equipment sales and rentals.
The planning commission may require a fence of a type and design to be approved by them for all uses listed in this section.
Other uses which in the opinion of the planning commission are of a similar nature.
The planning commission may require a screen or wall of a type and design to be approved by them for any use listed in this section.
Chapter 17.24- Light Industrial {M-1)
17.24.020 Uses permitted.
The following uses are permitted when conducted within an enclosed building:
A. Wholesale and retail sales and service uses, including:
1. Building materials, electrical materials and plumbing material sales,
2. Farm or ranch feed and related supplies sales;
3. Janitorial or restaurant supplies sales;
GI Page
Attachment 8 - Draft Ordinance, ZA24-01 (Updated Uses -Commercial & Industrial) Contractors yard, air conditioning supply and servicing yards and flea markets;
4. Nursery for plants and landscape material;
5. Auto, boat, motorcycle, trailers, mobile homes, agricultural equipment, construction equipment and truck parts, supplies, sales and services a. Body repair and painting;
b. Tire recapping, retreading or rebuilding;
6. Household appliance or furniture wholesale and repair or service including electronic repair or furniture upholstery shops;
7. Auction house;
8. Building maintenance services, such as pest extermination, janitorial grounds maintenance,
9. Communication services, such as printing, engraving, lithographing or publishing, telephone and radio telephone businesses, radio or television stations, not including towers;
11. Equipment sales, rental and services;
12. Veterinarian clinic; provided that any kennels are located within a building and training;
13. Trade school;
14. Metal fabrication, such as sheet metal and wrought iron fabrication; welding shops, machines shops; cabinet or furniture making;
15. Warehouse, mini-warehouses or other storage buildings or wholesale distribution facilities, except those storing flammable or explosive material;
16. Commercial and light industrial condominiums;
17. Food storage lockers, wholesale meat cutting and packing; provided there shall be no slaughtering, fat rendering or smoke curing and ice-making facilities;
Businesses that provide support services to the primary uses or that primarily serve employees of the primary uses, including blueprinting, photocopying;
18. Business support services, such as stenography businesses.
8. Manufacturing activities including:
1. Combining, assembly and/or packaging of products;
2. Industrial uses engaged in manufacturing, packaging, storage, and distribution of products, including warehousing, wholesaling, shipping and receiving, scientific research development and training, kennel and animal hospitals, vehicle storage, and vehicle transportation service establishments;
71 Page
Attachment 8 - Draft Ordinance, ZA24-01 (Updated Uses - Commercial & Industrial)
3. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors;
4. Offices that are accessory to any permitted use;
5. Outdoor storage or sales in conjunction with a permitted use, provided:
a. Storage is located on the rear portion of the lot;
b. Storage is completely enclosed by a solid wall or fence (with necessary solid gates) not less than six feet in height, unless the storage area abuts an R district, in which case the screening shall meet the criteria established by design review committee;
e-: Night watchman's quarters, security office.
17.24.030 Uses permitted with a use permit.
The following uses are permitted subject to obtaining a use permit as specified in Chapter 17.50:
1. Businesses that provide support services to the primary uses or that primarily serve employees of the primary uses, including Drive-thru coffee shop, or standard restaurant;
2. Auto or truck service station or wash;
3. Truck terminal, distribution center, truck yard, incidental repairs and services, including automotive painting;
4. Petroleum bulk storage or distribution plant;
5. Carpet or rug cleaning plants; commercial laundries such as those which provide a linen supply service, not including personal laundromats;
6. Outdoor advertising signs and structures other than those appurtenant to a permitted use. Such signs and structures shall be at least one thousand feet apart when on the same side of a public road, and at least five hundred feet apart when on opposite sides of a public road;
7. Caretakers residences; to provide supervision support services and the residence is to be occupied only by such person and his/her family;
8. Emergency shelters subject to the following standards:
a. Maximum of twenty-four occupants per site per night; b. At least one facility manager shall be on-site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate;
8I Page
Attachment 8 - Draft Ordinance, ZA24-0l (Updated Uses - Commercial & Industrial) c. Maximum length of stay: One hundred eighty day in any twelve-month period;
d. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way; and
e. Indoor client intake/waiting area of at least one hundred square feet if client intake is to occur on-site. If an exterior waiting area is provided, it shall be enclosed or screened and designed to prevent queuing in the public right-ofway.
Chapter 17.26 - Heavy Industrial (M-2)
17.26.020 Uses permitted.
A Uses permitted without a use permit in M-1 districts.
B. The following specific uses ofland and buildings shall be permitted only in M-2 districts.
1. Manufacturing lumberyards and lumber mills:
2. Pottery kilns and ceramics works of heavy industrial types;
3. Chemical plants and paper manufacturing plants;
4. Concrete batching plants:
5. Blacksmith shops and casting foundries;
6. Auto wrecking;
7. Salvage, junk, impound yards;
8. Truck terminal. distribution center:
17.26.030 Uses permitted with a use permit.
Uses permitted subject to first obtaining a use permit as specified in Chapter 17.50 are as follows:
A. Caretakers residences; provided that the legally established use requires the continuous supervision of a caretaker, superintendent or security person and the residence is to be occupied only by such person and his/her family; B. Electric generating plant/facility;
C. Industrial or manufacturing uses which, in the opinion of the planning commission, may be objectionable by reason of production of offensive odor, dust, noise, bright lights, vibration or the storage or handling of explosive or dangerous materials;
D. Drilling for oil, gas or other hydrocarbon substances; 9 l ?age
Attachment 8 - Draft Ordinance, ZA24-01 (Updated Uses- Commercial & Industrial) E. The processing of sand, gravel or other mined or extracted materials; F. Metallurgy or processing or refining of ore or minerals; G. Any use, land and buildings not otherwise specifically set forth in Chapter 17.08 through 17.58.
SECTION2
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is.for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance. The City Council of the City of Anderson hereby declares that it would have adopted each section, subsection subdivision paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections subdivisions paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 3:
The City of Anderson finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA"), and, pursuant to CEQA Guidelines, common sense exemption, 15061(b)(3) with the incorporation of the proposed updates to included uses deemed to be approved by ministerial action and uses approved through a use permit process where individual applications would be individually subject to environmental review, 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 4:
The City Clerk shall certify to 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 the __ day of ____ __, and enacted at a regular meeting of the City Council of the City of Anderson held on the __ day of _ _____ by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
to I Page
Attachment 8 - Draft Ordinance, ZA24·01 (Updated Uses -Commercial & Industrial) STAN NEUTZE, Mayor
ATTEST:
CHRISTY WHITE, Deputy City Clerk
HI Page
Attachment 8 - Draft Ordinance, ZA24-01 (Updated Uses- Commercial & Industrial) RESOLUTION NO. PC 24-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANDERSON, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING TEXT AMENDMENT (ZA 24· 01) TO AMEND PERMITTED USES AND USES PERMITTED SUBJECT TO A USE PERMIT
FOR THE COMMERCIAL AND INDUSTRIAL DISTRICTS
WHEREAS, the commercial and industrial districts found in Title 17 - Zoning have been amended over the years based on individual projects, specific state mandates and annexations which has resulted in inconsistent development over time; and WHEREAS, the commercial and industrial districts found in Title 17 - Zoning have not been updated to account for improvements and changes in technology and general business practices or to consider appropriate changes for land use development; and WHEREAS, the Ordinance amending permitted uses and uses permitted subject to a use permit of sections 17.18, 17.22, 17.24, and 17.26 of Title 17 - Zoning of the Anderson Municipal Code was considered by the Planning Commission of the City of Anderson at a public hearing during its regular meeting of January 22, 2024; and WHEREAS, the Planning Commission has reviewed recommendations contained in the staff report on the item, received testimony at the duly noticed public hearing, along with other materials considered in the review process; and
WHEREAS, the Planning Commission 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)
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ANDERSON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals: The recitals in this Resolution are true and correct and incorporated herein.
SECTION 2. Recommended Approval of the Ordinance based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings made in the staff reports and this Resolution, the Planning Commission of the City of Anderson hereby recommends that the City Council adopt the attached Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANDERSON TO
UPDATE THE USES PERMITTED AND USES PERMITTED SUBJECT TO A USE PERMIT IN THE COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS OF TITLE 17- ZONING OF THE ANDERSON MUNICIPAL CODE.
PC RESOLUTION 24-02 - Commercial and Industrial Amendment for Permitted and Conditionally Permitted Uses APPROVED AND ADOPTED by the members of the Planning Commission of Anderson this 22nd day of January 2024.
AYES: Commissioners Barnett, Grant, Simmons, Hawkins and Chair Warren NOES:None
ABSENT: None
ABSTAIN: None
~J..WQ,/\A~
Patrick Warren, Chairman
A~
Bruce Grove, City Contract Planner
Planning Commission Secretary
PC RESOLUTION 24-02 - Commercial and Industrial Amendment for Permitted and Conditionally Permitted Uses DRAFT Tttle 17 ~ ZONING
Chapter 17.18 GENERAL COMMERCIAL DISTRICT (C·l)
UPDATE 2023 Last updated 12/14/2023 • TD
Chapter 17.18 GENERAL COMMERCIAL DISTRICT (C-1)1
17.18.010 Applicability of regulations.
The regulations rn this chapter shall apply in all C-1 districts and shall be subject to the provisions of Chapter
17.02. (Ord. No. 771, Exh. B, 6-7-2011)
17 .18.020 Uses permitted.
A. The following uses and similar uses of a retail business or service nature 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:
Art studio, antique or gift shop,
Automobile parking lot,
Automobile parts supply store (not including installation, machine shop, repair or a warehouse), Bakery shop (retail only),
Bank or savings and loan or finance offices,
Barber or beauty shep salon,
Book store,
Bookkeeping service,
Butcher, cold storage,
Camera shop,
Candy store,
Caterers,
Cleaning agency or laundry,
Clinks,
Clothing or apparel store,
Commercial school or hall,
Curio or novelty shop,
1 Editor's note(s)-Exh. 8 of Ord. No. 771, adopted June 7, 2011, amended Ch. 17.18 in its entirety to read as herein set out. Former Ch. 17.18 pertained to the same subject matter, and derived from Ord. 515, 1987; Ord. 593, 1992; and Ord. 600, 1992.
Anderson, California, Code of Ordinances
(Supp. No. 20, 7-23)
Created: 2023-08-08 12: 13:53 (ESTI
Department store,
Drug store or pharmacy,
Qr:y geoEls stoFe,
Financial services,
Florist,
Furniture or interior decorating store,
Garden supply store,
Grocery store,
Hardware or appliance store,
Health club, gym, fitness center,
Hotels, motels,
Household goods,
Jewelry and services,
Key shop, locksmith,
Leather goods shop,
liquor store (provided no consumption on the premises), MeElieal, EleRtal aRd eptieal la~oFateFies,
~lewsstaREI,
NwFseFies feF plants eF lanElseaping materials,
Offices of a professional nature,
Office supply or stationery store,
Paint store,
Pet shop, pet grooming,
Photography store, or studio
Restaurant, cafe or coffee shop (indoor or outdoor),
Self-service laundry, or dry cleaners
Shoe repatr shop,
Sporting goods store,
StYdi9s-: '
Tailor shop,
Toy store,
Utility administrative offices;
{Supp. No. 20, 7-23)
Created: 2023-88-08 12: 13: S) [EST)
8. Uses, buildings and structures accessory to any of the above; C. Other uses which in the opinton of the planning commission are of a similar nature;
0. Temporary sales of Christmas trees from November 15th through January 2nd are allowed in parking lots provided that traffic is not impeded.
(Ord. No. 771, Exh. 8, 6-7-2011)
17.18.030 Uses permitted subject to a use permit.
Uses permitted subject to first obtaining a use permit as specified in Chapter 17.50 are as follows:
A. Uses permitted in any R district;
B. Clubs, lodge halls, fraternal organizations, social halls, auditoriums, and private or public assembly halls;
C. l'ooEI loeker or eold storage faeility fer tl:ie geReral p11blie; D. Flea markets, secondhand sales, outdoor markets or similar establishments; E. Animal hospital or veterinary clinic;
F. Gasoline service station, auto repair shop, or machine shop; provided all operations are conducted within a building and do not involve dismanthng of vehicles or outside storage of parts or vehicles except for occasional customer parking;
G. Drive-in establishments whether in conjunction with a permitted use or otherwise; H. Bus terminals, car washes, bowling alleys, business colleges; I. New and used car dealerships or sales lots;
Pawnshop;
Theater
J. Shopping centers as deflned in section 17.04.710;
K. Commercial developments of over twenty thousand square feet of gross floor area (except hotels and motels);
L. Single-room occupancy units, subject to the foUowing standards:
1. No transient occupancy. Units must be occupied as the primary residence of the tenant;
2. Maximum of thirty units per site;
3. Minimum unit size of two hundred square feet for occupancy by one person and two hundred eighty square feet for occupancy by two persons. No more than two persons per unit;
4. Approval of a management plan that outlines objectives, policies, and procedures;
5. On-site management with a manager's office for n,ne or fewer units and/or a manager's unit for ten or more units; and
6. Laundry, kitchen, and bathroom fadtities must be provided on-site (may be individual or shared).
M . Equipment sales and rentals.
(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 835, § 1, 12-1-2020) CnHed: 2023·98-08 12:13:53 [EST)
(Supp. No. 20, 7-23)
17 .18.040 Building site requirements.
For each main building there shall be a minimum area of two thousand square feet. (Ord. No. 771, Exh. B, 6-7-2011)
17.18.050 Maximum building height.
The maximum height of any building shall be fifty feet; provided that a greater height not exceed sixty-five feet may be allowed upon obtaining a use permit.
(Ord. No. 771, Exh. B, 6-7-2011)
17.18.060 Yards required.
A. Front yards: None, except:
1. Where the frontage in a block is partially in an R district, in which case the front yard shall be the same as required in such R district;
2. Where the site occupies a corner lot, the front yard shall be ten feet or more.
B. Side yard: None, except:
1. Where the side of a lot abuts in an R district, in which case the side yard shall be ten feet or more;
2. Where the site occupies a corner lot, the side yard shall be ten feet or more.
C. Rear yard: none, except where the rear of a lot abuts an R district, In whlch case the rear yard shall be ten feet or more.
(Ord. No. 771, Exh. B, 6-7-2011)
17 .18.070 Off-street parking.
Off-street parking shall be provided in an amount not less than set forth in the regulations of Chapter 17.46. (Ord. No. 771, Exh. B, 6•7•2011)
Cr eated: 2823• 88•88 12: 13:53 (ESTJ
(Supp. No. 20, 7-23)
DRAFT Titfe 17 • ZONING
Chapter 17.22 HEAVY COMMERCIAL DISTRICT (C-3)
UPDATE 2023
Chapter 17.22 HEAVY COMMERCIAL DISTRICT (C-3)1
17 .22.010 Applicability of regulations.
The regulations of this chapter shall apply in all C·l districts and shall be subject to the provisions of Chapter
17.02. (Ord. No. 771, Exh. B, 6-7-2011)
17.22.020 Uses permitted.
The following uses and similar uses are permitted in C-3 districts; provided that all goods are displayed and sold and all services are performed w,ithin a completely enclosed building, except as otherwise permitted by the provisions of this section:
A. All uses permitted in the C-1 district without a use permit; B. The following uses when conducted entirety within a buiildlng:
Auto repair, including paint, body, brake, muffler and transmission repair, Bowling alley,
Cabinet shop,
Dry cleaning,
Electronic equipment sales and service,
Electronic assembly plant (not to include manufacturing), Frozen food locker,
Glass sales and service,
Gunsmith,
MataFettle sales aRd seNice,
Medical, dental and optical laboratories,
Pet gFBBflqing {degs, eats),
Printing shop,
Publishing,
Sales of new and used cars, motorcycles, boats, manufactured housing and recreational vehicles, and service,
1Editor's note(s)-Exh. B of Ord. No. 771, adopted June 7, 2011, amended Ch. 17.22 in its entirety to read as herein set out.
Former Ch. 17.22 pertained to the same subject matter, and derived from Ord. 515, 1987; and Ord. 711, 2002.
Anderson, California, Code of Ordinances
(Supp. No. 20, 7-23)
Cruud : 2023 -.08- 08 U :U :H (UTJ
Secondhand sales, pawnshop,
Skating rink,
Storage miniwarehouses,
Tfre recapping, retreading, sales and service,
Upholstery shop,
veterinarians,
Welding shop,
Wholesale stores;
C. Gasoline service stations; provided that all operations except the servicing of gasoline, oil, air and water are carried on within a building;
D. Uses, buildings and structures accessory to any of the above; E. Emergency shelters subject to the following standards:
1. Maximum of twenty•four occupants per site per night;
2. At least one facility manager shall be on-site at aH hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate;
3. Maximum length of stay: One hundred eighty days in any twelve-month period;
4. Adequate external lrghting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way; and S. Indoor client intake/waiting area of at least one hundred square feet if client intake is to occur on•slte. If an exterior waiting area is provided, it shall be enclosed or screened and designed to prevent queutng in the public right-of-way;
F. Other uses which In the opinion of the planning commission are of a similar nature. (Ord. No. 771, Exh. B, 6-7-2011)
17.22.030 Uses permitted subject to a use permit.
Uses permitted subject to first obtaining a use permit as specified in Chapter 17.50 are as follows:
A. Bottling and distributing plant;
B. Building materials yard;
C. Car wash;
D. Feed store;
E. l umber yard;
F. Nursery for plants and landscaping materials,
G. Machine, manufacture shop;
H. Outdoor sales and storage;
I. Planing mills;
Created: 2923-98-98 12: 13:S3 [ EST )
(Supp. No. 20, 7-23)
J. Rental agency;
K. Research laboratories;
L. Equipment sales and rentals.
The planning commission may require a fence of a type and design to be approved by them for all uses listed in this section.
Other uses which in the opinion of the planning commission are of a simifar nature. The planning commission may require a screen or wall of a type and destgn to be approved by them for any use listed in this section. (Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 835, § 2, 12-1-2020)
17.22.040 Building site requirements.
For each main building there shall be a minimum area of two thousand square feet. (Ord. No. 771, Exh. B, 6-7-2011)
17.22.050 Maximum building height.
The maximum height of any building shall be fifty feet; provided that a greater height not to exceed sixty-five feet may be allowed upon obtaining a use permit.
(Ord. No. 771, Exh. B, 6-7-2011)
17.22.060 Yards required.
A. Front yards: None, except:
1. Where the frontage in a block is partially in an R district, in which case the front yard shall be the same as required in such R district;
2. Where the site occupies a corner lot, the front yard shall be ten feet or more.
B. Side yard: None, except:
1. Where the side of a lot abuts in an R district, in which case the side yard shall be ten feet or more;
2. Where the site occupies a corner lot, the side yard shall be ten feet or more.
C. Rear yard: none, except where the rear of a lot abuts an R district or any alley, in which case the rear yard shall be ten feet or more.
(Ord. No. 771, Exh. B, 6-7-2011)
17.22.070 Off-street parking.
Off-street parking shall be provided in an amount not less than set forth in the regulations of Chapter 17.46. (Ord. No. 771, Exh. B, 6-7-2011)
Created: 2023 ·88·08 12:13: 53 [EST)
(Supp. No. 20, 7-23)
DRAFT Title 17 - ZONING
Chapter 17.24 LIGHT INDUSTRIAL (M-1)
UPDATE 2023
Chapter 17.24 LIGHT INDUSTRIAL (M-1)1
17.24.010 Applicability of regulations.
The regulations of this chapter shall apply in all light industrial districts and shall be subject to the provisions of Chapter 17.02.
(Ord. No. 771, Exh. 8, 6-7-2011}
17.24.020 Uses permitted.
The following uses are permitted when conducted within an enclosed building:
A. Wholesale and retail sales and service uses, including:
1. Building materials, electrical materials and plumbing material sale!:, fuFRituFe sales;
2. Farm or ranch feed and related supplies sales;
3, Janitorial or restaurant supplies sales;
Contractors yard, air conditioning supply and servicing yards and flea markets;
4. Nursery for plants and gaFaeR supply landscape material; S. Auto, boat, motorcycle, trailers, mobile homes, agricultural equipment, construction equipment and truck parts, supplies, sales and services (automotive painting see 17.24.030); a. Body repair and painting;
b. Tire recapping, retreading or rebuilding;
6. Household appliance or furniture wholesale and repair or service including Faaia ana tele .. •isian electronic repair or furniture upholstery shops;
7. Auctfon house;
8. Building maintenance services, such as pest extermination, janitorial er, grounds maintenance,
9. Communication services, such as printing, engraving, lithographing or publishing telegFaph, telephone and radio telephone businesses, radio or television stations, not including towers,;
10. PFiRtiAg, eAgraYiAg, litkegraphiAg er 13ublishing;
11. Equipment sales aAa rental and services;
12. Veterinarian clinic; provided that any kennels are located within a building and training;
13. Trade school;
1 Editor's note(s)- Exh. B of Ord. No. 771, adopted June 7, 2011, amended Ch. 17.24 in its entirety to read as herein set out. Former Ch. 17.24 pertained to the same subject matter, and derived from Ord. 515, 1987.
Anderson, California, Code of Ordinances
(Supp. No. 20, 7-23)
Created : 2023-08 -88 12: 13:53 ( EST)
14. Metal fabrication, such as sheet metal and wrought iron fabrication; welding shops, machines shops; cabinet or furniture making;
15. Warehouse, miniwarehouses or other storage buildings or wholesale distribution facilities, except those storing flammable or explosive material;
16. Commercial and light industrial condominiums;
17. Food storage lockers, wholesale meat cutting and packing; provided there shall be no slaughtering, fat rendering or smoke curing and ice-making facilities; Businesses that provide support services to the primary uses or that pnmarily serve employees of the primary uses, including blueprinting, photocopying;
18. Business support services, such as bh,1epFinting Eh1plieating or stenography businesses.
B. Manufactureeing activities including:
1. Combining, assembly or and packaging of products including:
2. a. Pl:ian'l'!aee11tieals, IIF11gs, toiletFies aAd eosmeties; I!. M1-10U eqtJ(jJffl@Rt, .iR5R'fJffl@Rk, er SflfltlORees sueh es ffl@dieo!, deRial ORO 9f1'3€ol eq1:1$flffleflt; !HB#iRfl iR5t."filffl@Rk, wotehes, £leeks, ffl"5iEot iR5tFIJffl@flk, €0ffl@FOS, flheieflfflf1Ri€ eq1:1iflffleRt {eHceflt f-i8ffl}, hair El:lfflflg fflflERiRes o, eledriE 1'6io,s; e.
II.
~lectFonie aAd light eleetFieal eq11ipmeAt, inel11eliAg FaElios, tele-.,isions an!! col"Ap1:1teFs; FooEI pFoEl11ets, e11el1:1eliAg tt-1ose Uiat mav eFeate obA0Kio11s oEloFs OF smoke; bight MaA11f.aetuFiAg aeti¥ities inel11eling: Man11faet11FiAg of eeramie pFoll11ets s11el:i as potter:y, iig11Fines, anEI srnall glazed tile, 11sing onlv pFe1tio11slv p11lveFileEI elay, hanEI tools, e11tler:y, anEI kitehen 11tensils, eleetFenie anEI light eleetrieal eq11ipment, inel11EliAg raElios, teleYisioAs anEI eomp11teFs; jewelr:y man1:1faeturing; man1:1faet11FiAg of Aeon signs; GeneFal MaA11faet1:1riAg aetivities iAel11EliAg: assembly, proeessing, fabFieatiAg, paekagiAg or treatment oi gooEls.
1. Industrial uses engaged in manufacturing, packaging, storage, and distribution of products, including warehousing, wholesaling, shipping and receiving, scientific research development and training, kennel and animal hospitals, vehicle storage, and vehicle transportation service establishments.
a. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors.
3. Offices that are accessory to any permitted use;
4. Outdoor storage or sales in conjunction with a permitted use, provided:
a. Storage ts located on the rear portion of the lot;
b. Storage is completely enclosed by a solid wall or fence (with necessary solid gates} not less than six feet in height, unless the storage area abuts an R district, in which case the screening shall meet the criteria established by design review committee; c. CaFetaker or Night watchman's quarters, security office. (Ord. No. 771, Exh. 8, 6•7-2011; Ord. No. 835, § 3, 12-1-2020) Creatod, 2023-08-08 H :13: 53 l iST)
(Supp. No. 20, 7- 23)
17.24.030 Uses permitted with a use permit.
The following uses are permitted subject to obtaining a use permit as specified in Chapter 17.50:
1. 2.
3. Businesses that provide support services to the primary uses or that primarily serve employees of the primary uses, includfng bllmprinting, pheteeep>fing, Drive-thru coffee shop, or standard restaurant; Auto or truck se,viee station or wash;
~ales ef a1,1tes, beats, trailers, rnebile hen:ies, agriewltwral eeiwiprnent, trweks ane eenstrwetien eE1uipment, an; truck terminal, distribution center, truck yard, incidental repairs and services, including automotive painting;
4. Petroleum bulk storage or distribution plant;
5. Tire recapping, retreading er rebwileing;
6.-Auto, boat, motorcycle or truck repair, a11ta bed•,' repair and painting;
7. Wl:lelesale n:ieat ewttine and packing; pre¥ided there sl:lall be ne slawgl:-\tering, fat rendering er srneke ~
8. O11tElaar sales er awtElaar storage areas in eMeess af the limits estahlisl:led in s1,1bsecti0n 8 af Section
17.24.Q2Q;
9. Carpet or rug cleaning plants; commercial laundrtes such as those which provide a linen supply service, not including personal laundromats;
lQ. bight metal fabricatien, sweh as sheet metal anEI wrawgl:lt iren fahricatian; welEling sheps, machines sheps; cabinet er f1,1rnit1,1re making;
11. Cantractars yarEI, air canditianing supply anEI seFVicing •;ards and flea markets;
12. Outdoor advertising signs and structures other than those appurtenant to a permitted use. Such signs and structures shall be at least one thousand feet apart when on the same side of a public road, and at least five hundred feet apart when on opposite sides of a public road;
13. Commercial and light industrial eenElan:iiniums;
14. Caretakers residences; to provide supervision support services pra¥iEleEI that the legally established wse req11ires the eentin1,1e1,1s s1a1pe,visien ef a caretaker, s1a1perintenElent er security persen and the residence is to be occupied only by such person and hts/her family;
15. Emergency shelters subject to the following standards:
a. Maximum of twenty-four occupants per site per night; b. At least one facility manager shall be on-site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate;
c. Maximum length of stay: One hundred eighty day in any twelve-month period; d. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way; and e. Indoor client intake/waiting area of at least one hundred square feet if client intake is to occur on-site. If an exterior waiting area is provided, it shall be enclosed or screened and designed to prevent queuing in the public right-of-way.
(Ord. No. 771, Exh. B, 6-7-2011)
Cru ttd: 2823- 88-88 12 . 13: i-3 (EST J
(Supp. No. 20, 7•23)
17.24.040 Building site area.
The minimum building site area shall be twenty thousand square feet. (Ord. No. 771, Exh. B, 6-7-2011)
17.24.050 Maximum building height.
Maximum height of any building shall be sixty-five feet. (Ord. No. 771, Exh. B, 6•7-2011)
17.24.060 Yards required.
A. Front yards: None, except where the frontage in a block is partially in an R district, in which case the front yard shall be the same as required in such R district.
B. Side yards: None, except where the srde of a lot abuts an R district, in which case the side yard shall be not less than ten feet.
C. Rear yards: None, except where the rear of a lot abuts an R district, in which case the rear yard shall be not less than twenty feet.
(Ord. No. 771, Exh. B, 6-7-2011)
17.24.070 Off-street parking.
Off-street parking shall be provided in amount not less than that set forth in Chapter 17.46 of this title. (Ord. No. 771, Exh. B, 6-7-2011)
17.24.080 Landscape requirements.
Five percent of the gross parking area shall be landscaped to the approval of the design review committee. (Ord. No. 771, Exh. B, 6-7-2011)
17.24.090 Design review required.
Any building or structure, together with landscaping and related development in the M-1 district must be approved by the design review committee prior to obtaining building permits for such buildings or structures. (Ord. No. 771, Exh. B, 6-7-2011)
Created: 2923-98-98 12: 13:53 [EST ]
(Supp. No. 20, 7-23)
DRAFT Title 17 - ZONING
Chapter 17.26 HEAVY INDUSTRIAL (M-2)
UPDATE 2023
Chapter 17.26 HEAVY INDUSTRIAL (M-2)
17.26.010 Applicability of regulations.
The regulations of this chapter shall apply in all heavy industrial districts and shall be subject to the provisions of Chapter 17 .02.
(Ord. 515 § 1 Exh. A (part), 1987)
17.26.020 Uses permitted.
A. Uses permitted without a use permit in M-1 districts.
B. The following specific uses of land and buildings shall be permitted only in M-2 districts.
1. Manufacturing lumberyards and lumber mills;
2. Pottery kilns and ceramics works of heavy industrial types;
3. Chemical plants and paper manufacturing plants;
4. Concrete batching plants;
5. Blacksmith shops and casting foundries;
6. Auto wrecking;
7. Salvage, junk, impound yards;
8. Truck terminal, distribution center;
(Ord. 515 § 1 Exh. A (part), 1987)
17.26.030 Uses permitted with a use permit.
Uses permitted subject to first obtaining a use permit as specified in Chapter 17.50 are as follows:
A. Caretakers resrdences; provided that the legally establlshed use requires the continuous supervision of a caretaker, superintendent or security person and the residence is to be occupied only by such person and his/her family;
B. Electric generating plant/facility;
C. Industrial or manufacturing uses which, in the opinion of the planning commission, may be objectionable by reason of production of offensive odor, dust, noise, bright lights, vibration or the storage or handling of explosive or dangerous materials; D. Drilling for oil, gas or other hydrocarbon substances; E. The processing of sand, gravel or other mined or extracted materials; Anderson, California, Code of Ordinances
(Supp. No. 20, 7-23)
Creaud: 2023-08-08 12:13 :54 [ EST]
F. Metallurgy or processing or refining of ore or minerals; G. Any use, land and buildings not otherwise specifically set forth in Chapter 17.08 through 17.58. (Ord. 515 § 1 Exh. A (part), 1987)
17 .26.040 Building site requirements.
The minimum building site area shall be twenty thousand square feet. (Ord. 515 § 1 Exh. A (part), 1987)
17.26.050 Maximum building height.
The maximum height of any building shall be sixty-five feet. (Ord. 515 § 1 Exh. A (part), 1987)
17.26.060 Yards required.
A. There are no front, side and rear yard requirements unless the rear abuts an R district, in which case the yard requirements shall be not less than those of the adjoining R district. (Ord. 515 § 1 Exh. A (part), 1987)
17.26.070 Off-street parking.
Off-street parking shall be provided in an amount not less than that set forth in the regulations of Chapter 17 .46 of this title.
(Ord. 515 § 1 Exh. A (part), 1987)
17.26.080 Landscape requirements.
Five percent of the gross parking area shall be landscaped to the approval of the design review committee. (Ord. 515 § 1 Exh. A (part), 1987)
17.26.090 Design review required.
Any building or structure together with landscaping and related development in the M-2 district must be approved by the design review committee prior to obtaining building permits for such buildings or structures. (Ord. 515 § 1 Exh. A (part), 1987)
Created: 2023-68-98 12 :13:53 (EST)
(Supp. No. 20, 7-23)
AGENDA ITEM
!February 6, 2024, City Council Meetin~
ed for Submittal By:
resented By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Stan Neutze, Mayor
Date: February 6, 2024
I SUBJECT
Planning Commissioner Appointment
I RECOMMENDATION
Mayor Neutze recommends the City Council:
Appoint a member to the Anderson Planning Commission for a term concurrent with the term of Mayor Neutze.
I FISCAL IMPACT
The recommended actions have no fiscal impacts.
I DISCUSSION and BACKGROUND
Anderson Municipal Code §2.48.020 and §2.48.040 set forth the terms of City Council appointment members of the Anderson Planning Commission. The Code reads, in part:
" ... Each councilman upon first enteriny office shall be entitled to nominate an individual to be a planning commissioner subject to appointment by majority vote of the full council. Should ITEM 8.1 PAGE1 2/6/2024
the council fail to appoint a particular nominee, the councilman makin9 the nomination may continue makin9 nominations until the council approves a nominee by appointment to the commission. ... The term of each commissioner shall be concurrent with the term of the councilman who nominated the commissioner for the position." With the retirement of Planning Commissioner Patrick Warren, it is now necessary for Mayor Neutze to recommend a replacement for Commissioner Warren.
Mayor Neutze recommends, consistent with Anderson Municipal Code §2.48.020 and §2.48.040, that the City Council appoint Dain Hale to the Anderson Planning Commission concurrent with the term of Mayor Neutze.
I ATTACHMENTS
None.
ITEM 8.1 PAGE2 2/6/2024
AGENDA ITEM
!February 6, 2024, City Council Meetin~
esented By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Collin Bogener, City Attorney
Date: February 6, 2024
lsueJECT
Adopt Resolution Increasing City Manager Purchasing Authority
I RECOMMENDATION
The City Attorney recommends that the City Council:
Consider adoption of resolution increasing the City Manager's purchasing authority to $30,000
I FISCAL IMPACT
There is no fiscal impact of this action.
I DISCUSSION and BACKGROUND
Chapter 3.20 of the Anderson Municipal Code sets forth the purchasing policies and procedures for the City of Anderson. This includes purchase order requirements, exceptions for bidding, and the adoption of the California Uniform Public Construction Cost Accounting Act ("CUPCCAA"). While CUPCCAA was adopted by the Council in 2020, the ITEM 8.2 PAGE1 2/6/2024
remainder of the ordinance is dated and in need of amendment. In that regard, City staff is presently in the process of reviewing the revising the ordinance in an effort to provide the City with most efficient, practical, and transparent purchasing procedure possible. Staff plans to bring the first reading of that ordinance amendment to the City Council for approval in the next 2- 3 months.
One immediate need that should be addressed is the authority delegated to the City Manager for purchasing. The current ordinance is unclear on that authority. The City Council previously adopted Resolution No. 16-42, providing the City Manager up to $25,000 in authority. However, it appears that resolution only pertains to liability claims and worker's compensation claims.
This type of delegation is standard as it promotes efficient processing of purchasing rather than delays that may result if the City Manager does not possess the authority. For instance, the City of Redding has delegated $200,000 to the City Manager for purchasing authority, and the City of Shasta Lake has authorized $75,000. When the ordinance amendment is brought back before Council, a permanent delegated amount will be proposed so that it will be included in the code.
In the interim, the proposed resolution would provide the City Manager with $30,000 in authority. As outlined above, the resolution would operate as a temporary solution until the amendment occurs.
Importantly, this will not interfere with the transparency of purchasing within the City. All purchases will be reflected in the warrants and City staff will keep the Council and the public informed regarding all purchases.
I ATTACHMENT
1. Resolution
ITEM 8.2 PAGE2 2/6/2024
RESOLUTION NO. 24 - _
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON, CALIFORNIA,
ESTABLISHING PURCHASING AUTHORITY FOR THE CITY MANAGER UNDER CHAPTER
3.20 OF THE CITY'S MUNICIPAL CODE
WHEREAS, Chapter 3.20 of the City of Anderson's ("City") municipal code outlines purchasing procedures designed to make the City more effective, efficient and fiscally responsible in the procurement of goods and services; and WHEREAS, purchasing authority thresholds are an integral part of the City's purchasing procedures; and
WHEREAS, competitive procurement levels are an integral part of the City's purchasing procedures; and
WHEREAS, purchasing authority thresholds and competitive procurement levels are set to benefit the City through cost savings; and
WHEREAS, the City is presently reviewing Chapter 3.20 of the municipal to determine and clearest and most efficient purchasing procedure for the City, which will be brought back to the City Council for amendment to create a new, permanent process; and WHEREAS, while City staff is preparing that permanent amendment to the code, purchase authority is necessary for the City Manager so that the City can operate in the interim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anderson, as follows:
Section 1. The City Council hereby sets purchasing authority thresholds under Chapter 3.20 of the City's Municipal Code as follows:
A. Award by City Manager. The City Manager may make purchases or contracts for goods and services, or take action in response to bids for public works contracts, in an amount not to exceed thirty thousand dollars ($30,000.00).
B. Award by City Council. The City Council shall make purchases or contracts for goods and services or take action in response to bids for public projects, that exceed thirty thousand dollars ($30,000.00).
Section 2. This resolution will be revoked upon the amendment of Chapter 3.20 of the Anderson Municipal Code.
Section 3. The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060( c) (2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 4. This Resolution shall become effective immediately.
PASSED, APPROVED and ADOPTED this 61h day of February 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
Stan Neutze, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
!February 6, 2024, City Council Meetin~
d for Submittal By:
seth-Deshais, City Manager
To Be Presented By:
Joe rseth-Deshais, City Manager
To:
From:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Date: February 6, 2024
{SUBJECT
Amend and restated joint exercise of powers of agreement for operation of the Redding Area Bus Authority.
I RECOMMENDATION
The City Manager recommends that the City Council:
Adopt a resolution authorizing the amended and restated joint exercise of powers agreement for the operation of the Redding Area Bus Authority (RABA).
I FISCAL IMPACT
None.
I DISCUSSION and BACKGROUND
The Redding Area Bus Authority (RABA) is requesting the member agencies (City of Redding, City of Anderson, City of Shasta Lake and Shasta County) to consider an amendment to the Joint Powers agreement for the following five specific issues:
Section B. is amended to read as follows:
ITEM 8.3a PAGE1 2/6/2024
8. Powers and Duties. RABA shall have the following powers and duties, each to be exercised by approval of the RABA Board:
Section 8(2) is amended to read in its entirety as follows:
2. Provide transit services outside the RABA Service Area as may be determined by separate service agreements with individual participating agencies as may be determined by approval of the RABA Board provided that there is benefit to the residents of the County of Shasta.
Section 0(1) is amended to read in its entirety as follows:
1. The RABA Service Area is the incorporated and unincorporated areas within the County of Shasta.
Section K. is added in its entirety to read as follows:
K. Counterparts/Electronic, Facsimile, and PDF Signatures This agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this agreement. The Parties further agree that the electronic signatures of the Parties included in this agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (h) of Section 1633.2 of the Civil Code. Facsimile signatures or signatures transmitted via pdf document shall be treated as originals for all purposes.
Exhibit A is hereby removed from the Amended and Restated Joint Exercise of Powers Agreement dated December 16, 1997 and shall have no further force or effect.
The purpose of this amendment is to allow RABA the ability to contract with the San Joaquin Joint Powers Authority to operate the Amtrak bus route between Redding and Chico at full cost recovery from Amtrack and SJJPA. Providing this service has benefits to the residents and visitors of Shasta County, increases mobility, and generates revenue for RABA to support public transit services. The other reason for the amendment is to expand the RABA Service Area to ITEM 8.3a PAGE2 2/6/2024
include the entire Shasta County and assume the operations of services provided in the rural areas.
The last amendment to the Joint Powers Agreement was done in December of 1997 and Exhibit A was amended on August 2011 when the RABA Service Area was slightly expanded.
I ATTACHMENT
Resolution 2024-XX
January 17, 2023 RABA Letter to City
2011 Joint Powers Agreement, Amended
ITEM 8.3a PAGE3 2/6/2024
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON
FIRST AMENDMENT TO AMENDED AND RESTATED JOINT EXERCISE
OF POWERS AGREEMENT FOR THE OPERATION
OF THE REDDING AREA BUS AUTHORITY
The Amended and Restated Joint Exercise of Powers Agreement dated December 16, 1997, between the County of Shasta, City of Anderson, and City of Redding ( collectively, the "Participating Agencies") is hereby amended.
WHEREAS, since November 1976, the County of Shasta, City of Anderson and City of Redding (the "Parties") have been members of a Joint Powers Agreement, known as the Redding Area Bus Authority (RABA), for the purpose of providing transit and transportation services within their respective jurisdictions; and
WHEREAS, the Joint Powers Agreement has been amended from time to time with the most recent being the Amended and Restated Joint Exercise of Powers Agreement (the "Agreement") dated December 16, 1997; and
WHEREAS, Section D.2. of the Agreement defines the service area of RABA as certain urbanized portions of Shasta County, including all areas within the cities of Redding, Anderson, and Shasta Lake, and certain adjacent areas in the unincorporated area of the County of Shasta, as depicted on an attached Exhibit A; and WHEREAS, Section B.2. of the Agreement provides that RABA may provide transit services outside of the RABA service are as may be determined by separate service agreements with individual participating agencies; and
WHEREAS, by this Amendment, the Parties intend to broaden the scope of the service area to include all incorporated and unincorporated areas of the County of Shasta; and .
WHEREAS, by this Amendment, the Parties also intend to authorize service outside of the defined service area in cases where there is a benefit to the residents of the County of Shasta.
NOW, THEREFORE, the Participating Agencies incorporate and adopt the recitals set forth herein and agree to amend the Amended and Restated Joint Exercise of Powers Agreement dated December 16, 1997, as follows:
I. The RECITALS are amended to read in their entirety as follows:
WHEREAS, the parties desire to coordinate their efforts to provide public transportation services for the benefit of the residents of the County of Shasta through a single public agency to the extent feasible; and WHEREAS, to affect such coordination the parties wish to establish an authority to operate a public transit system serving the Cities of Redding, Anderson and Shasta Lake, and unincorporated Shasta County (collectively to be referred to as the "RABA Service Area"), pursuant to the Joint Exercise of Powers Act (commencing with Section 6500 of the Government Code); and
WHEREAS, by the formation of a new joint powers authority ("JPA") the cities of Anderson and Shasta Lake can formally join the City of Redding and the County of Shasta in governing the delivery of local public transportation services.
II. Section B. is amended to read as follows:
B. Powers and Duties. RABA shall have the following powers and duties, each to be exercised by approval of the RABA Board:
Ill. Section 8.2. is amended to read in its entirety as follows:
2. Provide transit services outside the RABA Service Area as may be determined by separate service agreements with individual participating agencies provided that there is benefit to the residents of the County of Shasta.
IV. Section D.1. is amended to read in its entirety as follows:
1. The RABA Service Area is the incorporated and unincorporated areas within the County of Shasta.
V. Section K. is added in its entirety to read as follows:
K. Counterparts/Electronic, Facsimile, and PDF Signatures This agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
Each Party of this agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code§§ 1633.1 to 1633.17), for executing this agreement. The Parties further agree that the electronic signatures of the Parties included in this agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (h) of Section 1633.2 of the Civil Code. Facsimile signatures or signatures transmitted via pdf document shall be treated as originals for all purposes.
VI. Exhibit A is hereby removed from the Amended and Restated Joint Exercise of Powers Agreement dated December 16, 1997, and shall have no further force or effect.
VII. All other terms and conditions of the Amended and Restated Joint Exercise of Powers Agreement dated December 16, 1997, shall remain in full force and effect.
VIII. The date of this Amendment shall be the date that it is signed by the last of the Participating Agencies.
PASSED AND ADOPTED by the City Council of the City of Anderson this 6th day of February 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Stan Neutze, Mayor
ATTEST:
Christy White, City Clerk
January 17, 2024
Joseph Forseth-Deshais, City Manager
City of Anderson
PO BOX 777
1887 Howard Street
Anderson CA 96007
Dear Joseph:
The Redding Area Bus Authority (RABA) is requesting the member agencies (City of Redding, City of Anderson, City of Shasta Lake and Shasta County) to consider an amendment to the Joint Powers Agreement for the following five specific issues:
Section B is amended to read in its entirety as follows:
B. Powers and Duties. RABA shall have the following powers and duties, each to be exercised by approval of the RABA Board:
Section 8(2) is amended to read in its entirety as follows:
2. Provide transit services outside the RABA Service Area as may be determined by separate service agreements with individual participating agencies provided that there is benefit to the residents of the County of Shasta.
Section D(1) is amended to read in its entirety as follows:
1. The RABA Service Area is the incorporated and unincorporated areas within the County of Shasta.
Exhibit A is hereby removed from the Amended and Restated Joint Exercise of Powers Agreement dated December 16, 1997, and shall have no further force or effect.
In addition, two recitals are slightly restated to clarify the intent of RABA.
The purpose of this amendment is to allow RABA the ability to contract with the San Joaquin Joint Powers Authority to operate the Amtrak bus route between Redding and Chico at full cost recovery from Amtrak and SJJPA. Providing this service has benefits to the residents and visitors of Shasta County, increases mobility and generates revenue for RABA to support public transit services. The other reason for the amendment is to expand the RABA Service
REDDING AREA BUS AUTHORITY
777 CYPRESS AVENUE, REDDING, CALIFORNIA 96001-3396 • (530) 245·7116 • FAX (530) 225-4325 EMAIL [email protected] • WEB www.RABAride.com BOARD MEMBERS: MARK MEZZANO - CHAIR, JUSTIN JONES - VICE CHAIR MICHAEL DACQUISTO,
TENESSA AUDETTE, JACK MUNNS, JULIE WINTER, PATRICK JONES, MIKE GALLAGHER EXECUTIVE STAFF: STEVE BADE - EXECUTIVE OFFICER, JOHN C. ANDOH, CCTM, CPM - TRANSIT GENERAL MANAGER Area to include the entire Shasta County and assume the operations of services provided in the rural areas.
The last amendment to the Joint Powers Agreement was done in December of 1997 and Exhibit A was amended in August 2011 when the RABA Service Area was slightly expanded.
Attached to this letter is the current Joint Powers Agreement and the Proposed Amendment to the Joint Powers Agreement.
We request that your Counsel or Attorney review the Proposed Joint Powers Agreement and if you find acceptable, to please agendize this Amendment for your next regularly scheduled meeting in February. We would like to have all the necessary approvals in place by February 29, 2023.
Should you have any further questions on this matter, please contact me at (530) 245- 7116 or email [email protected]
Sincerely,
()%-oJsL_
John Andoh,
Transit General Manager
Redding Area Bus Authority
Attached
REDDING AREA BUS AUTHORITY
777 CYPRESS AVENUE, REDDING, CALIFORNIA 96001-3396 • (530) 245-7116 • FAX (530) 225-4325 EMAIL [email protected] • WEB www.RABAride.com BOARD MEMBERS: MARK MEZZANO • CHAIR, JUSTIN JONES · VICE CHAIR MICHAEL DACQUISTO,
TENESSA AUDETTE, JACK MUNNS, JULIE WINTER, PATRICK JONES, MIKE GALLAGHER EXECUTIVE STAFF: STEVE BADE - EXECUTIVE OFFICER, JOHN C. ANDOH, CCTM, CPM -TRANSIT GENERAL MANAGER FlLt.v - \/'2.o/9e
?-010
' J .•
A.i\1ENDED AND REST A TED JOfNT EXERCISE OF POWERS AGREEMENT FOR
OPERATION OF THE REDDING AREA BUS AUTHORITY
THIS AGREEi\tIENT is entered into by and between the COUNTY Of SHASTA ("County"), the CITY OF REDDING ("Redding"), the CITY OF ANDERSON ("Anderson") and the CITY OF SHASTA LAKE ("Shasta Lake"), sometimes herein referred to collectively as the "paiticipating agencies" .or "parties".
RECITALS
WHEREAS, the parties desire to coordinate their efforts to provide public transportation services in Shasta County through a single public agency to the extent feasible; and WHEREAS, to effect such coordination the parties wish to establish an authority to operate a public transit system serving the Cities of Redding, Anderson and Shasta Lake, and certain adjacent urbanizing areas in unincorporated areas of Shasta County (collectively to be referred to as the 'RABA Service Area"), pursuant to the Joint Exercise of Powers Act (commencing with Section 6500 of the Government Code); and
WHEREAS, by the formation of a new joint powers authority ("JPA") the cities of Anderson and Shasta Lake can formally join the City of Redding and Shasta County in governing the delivery of local public transportation services.
TERMS
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN the parties hereto as follows:
A. Joint Powers Authority Creation. There is hereby created a separate public entity to be known as the Redding Area Bus Authority (herein "RABA").
B. Powers and Duties. RABA shall have the following powers and duties:
l. To adopt and implement fixed bus routes and demand-response services, and hours of operation for each, in those areas identified in Section D of this agreement as the "RABA Service Area".
2. Provide transit services outside the RA.BA Service Area as may be determined by separate s_ervice agreements with individual participating agencies.
3. To adopt and implement transit fares.
4. To prepare and submit applications for state and federal grant funds as may be appropriate.
5. 6.
To adopt an annual budget, and any revisions thereto.
To administer an annually proposed and adopted budget to finance RABA operations, and to finance the acquisition of buses and other real or personal property necessary for system operation and maintenance.
7. To obtain and maintain in force insurance against loss in the operation of the system , such insurance to name each party hereto as an additional insured.
8. To incur debts, liabilities or obligations. To the extent permitted under state law, and pursuant to provisions of Government Code Section 6508.1, the debts, liabilities and obligations of RJ\.BA shall be its own and shall not constitute the debts, liabilities and obligations of any of the member jurisdictions.
2 9. To acquire. construct, manage, maintain, or operate any building, works, or improvement and to acquire rolling stock and other capital facilities.
10. To acquire, hold, and dispose ofreal or personal property.
11. To sue and be sued in its own name.
12. To exercise the power of eminent domain.
13. To exercise all other powers and duties authorized by Government Code §6500 et seq., except as otherwise limited herein.
C. Governing Board Composition.
1. The RABA Board shall be composed of eight (8) members, each of whom shall be elected members of the Board of Supervisors or City Councils of the participating cities.
2. Membership on the RABA Board shall be apportioned between the County and the cities as follows: the City of Redding shall have five (5) members, and the County and Cities of Shasta Lake and Anderson shall each have one (l) member. In each case appointments to the RABA Board shall be made by the Board of Supervisors or city council of which the appointee is a member.
3. RABA Board appointees shall serve at the pleasure of their respective appointing authorities.
D. RABA Service Area.
l. The RABA Service Area shall be certain urbanized portions of Shasta County, including all areas within the cities of Redding, Anderson and Shasta Lake, and certain adjacent unincorporated areas, as more specifically shown on Exhibit "A", which is incorporated herein by reference.
3 2. The RABA Service Area boundary may be modified from time to time by the RABA Board, but only upon obtaining the formal consent of each party's governing board or J ·:
council where there is a proposed change within its jurisdiction.
E. Staff and Legal Counsel.
I. The City of Redding shall provide staff assistance and legal counsel to the Authority.
2. The City of Redding Treasurer shall be the RABA Treasurer, and the City of Redding Finance Officex: shall be the RABA ControUer. RABA shall provide for an independent audit of all its books and accounts at least annually.
3. The reasonable cost of the above mentioned City of Redding services shall be deemed a cost of operation, and the City shall be reimbursed from RABA operating funds.
4. The Redding City Clerk shall be designated as the RABA agent authorized to accept service of process.
5. Notwithstanding any provisions of this agreement to the contrary, RABA's staff, legal counsel, treasurer and controller, and the official to be designated as its agent for service of process may be initially designated or subsequently changed by a simple majority vote of the RABA Board.
F. System Operation and'Improvements.
l. Any public transportation system operated under this agreement shall be operated in the name of RABA and not the parties hereto.
2. RABA shall adopt all rules and regulations necessary for the operation of the system. RA.BA shall have authority to implement all traffic control measures necessary for operation 4 of the system, including, but not limited to, the location and placement of stops, benches, shelters and curb cuts after obtaining appropriate encroachment pennit(s) from affected jurisdiction. Costs ' .¥,, for these items will be considered a part of the system capital costs as determined appropriate by the RABA Governing Board.
3. Operating details and level of service decisions shall require the affirmative vote of a majority of the RABA Board members from each affected participating agency.
G. JP A Financing.
1. P4rsuant to applicable Transportation Development Act ("TDA") statutes (commencing with Public Utilities Code Section 99200), each party is and shall continue to be a claimant jurisdiction which is entitled to receive IDA funds upon submittal of a proper claim to and approval thereof by the Shasta County Regional Transportation Planning Agency ("RTPA").
However, to effect the objectives of this agreement, and as a matter of administrative convenience, each participating agency hereby authorizes RABA to serve as its agent for the purpose of claiming and receiving allocations for that portion ofits TDA apportionment attributable to the RABA service area.
2. In exercising its powers RABA shall proceed in a way that results in system operation based on the RTP A funding formula then in effect. Interest accrued on idle RABA funds shall remain in its entirety with RABA or if the RABA Board determines there is an excess of funds, the distribution of the funds shall be in proportion to the financial contribution of each one of the parties to this agreement.
3. The parties intend that the claimed TDA funds will be used by RABA to generate federal and state matching grant funds for the public transportation system contemplated 5 herein as may be available such that no local funds will be required, unless an individual participant agency wishes to further enhance transit services within its jurisdiction by utilizi9g other available fund.
H. Termination and Withdrawal.
1. This agreement may be terminated by the agreement of all parties.
2. Upon termination of the JP A, if all assets and obligations shall be sold and the proceeds distributed to the parties on the basis of population (i.e., that portion of the entire service area population· residing within each participating jurisdiction) at the time of termination, except that the Cities of Shasta Lake and Anderson shall be entitled to a portion of the proceeds only upon having been a JP A member for at least five years. Where the asset can be determined to have been purchased by an individual agency, the distribution of the asset shall be to said agency.
3. Any party may withdraw as a participating agency in the JP A upon twelve months advance written notice of such intent.
4. Following the withdrawal of a party from the JP A, the remaining parties shall pay to the withdrawing party the fair market value ofits local share RABA interest (i.e., that portion of the withdrawing party's interest not funded or purchased with special funding sources including state and federal funds) based on the population formula set forth in paragraph G.2. Provided, however, that the fair market value of any portion of the system within the withdrawing party's service area that is continued in operation at the sole election of the remaining parties shall not be included in the loc_al share distribution to the withdrawing party. Such a payment may, at the option of the remaining parties, be paid in no more than ten ( 10) equal annual installments with accrued interest at the then existing legal rate.
6 J. Effect on Prior Agreements.
I. This agreement shall amend and supersede any prior agreeID~nts between the City of Redding and the County concerning the provision of public transportation services through creation of a joint powers authority, including that dated June 4, 1985, as amended on February 19, 1991, except as otherwise provided herein.
2. The assets, liabilities, rights, duties and obligations of RABA, as previously formed, governed and administered by prior agreement between the County and Redding, shall be fully transferred to and a~cepted by the joint powers authority herein established.
K. Effective Date.
This agreement shall be effective on December 16
in full force and effect until terminated as provided herein. , 1997, and shall continue
IN WITNESS WHEREOF, the parties hereto have authorized their representatives to execute this document this 9th day of December , 1997.
ATTEST:
CAROLYN TAYLOR
Clerk of the Board of Supervisors
APPROVED AS TO FOR.ivf:
KAREN KEATING JAHR
7 COUNTY OF SHASTA
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-~-'----"u __ ~LJ-~"'--...a.--~-----Dec.9,1997
DICKERSON,Chainnan
Board of Supervisors, County of Shasta
State of California
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ATTEST:
~~ Redding d;e:
APPROVED AS TO FORM:
LEONARD WING
City Attorney
ATTEST:
~~ - R /Jr./2.A.d-U
shastlake ci?2erk
APPROVED AS TO FORM:
ATTEST:
City Attorney
CITY OF SHASTA LAKE
af«u,ti.da,~l?
LINDA FRANK, Mayor
CITY Of ANDERSON
~~ NORMA COMNICK ,:viayor
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D RABA SERVICE AREA
c:::: CITY LIMIT
~ SERVICE AREA ADDITION
SHASTALAKE
REDDING AREA BUS AUTHORITY
SERVICE AREA MAP
/,, EXHIBIT 'A'
, / November 1997
Amended; July 2011
RABA Board Approval: July 18, 2011
Shasta County Approval: August 23, 2011
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AGENDA ITEM
February 6, 2024 City Council Meeting
Joe seth-Deshais, City Manager
To:
From:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Date: February 6, 2024
!SUBJECT
Letter of Agreement with SiteLogIQ and Mutual Nondisclosure Agreement with PG&E to begin the planning and development phases of the Microgrid Project funded by the Microgrid Incentive Program.
I RECOMMENDATION
Allow City Manager to execute the Letter of Agreement with SiteLogIQ and Mutual Nondisclosure Agreement with PG&E to begin the planning and development phases of the Microgrid Project funded by the Microgrid Incentive Program. !FISCAL IMPACT
SiteLogIQ will develop the Microgrid Project plans at a fee of $25,000, which the City of Anderson will be refunded through PG&E's $25,000 Application Development Grant. Once the reimbursement is received, there will be no fiscal impact.
I DISCUSSION and BACKGROUND
In April of 2023, the California Public Utilities Commission approved a $200 million Microgrid Incentive Program to support the development of microgrids that allow an undisrupted flow of electricity to customers who would otherwise lose power due to severe weather conditions, Public Safety Power Shutoffs (PSPSs), or wildfire. A microgrid is an interconnected, self-sufficient energy system that provides power to customers within the microgrid boundary through battery backup, solar panels, or generators. The City of Anderson meets the following qualifications to be eligible to apply for the Microgrid Incentive Program: previous PSPSs, high fire severity zone, rural community, various ITEM 8.3b PAGE1 2/6/2024
technical eligibilities, and MHI less than 60%. The Microgrid Incentive Program has a funding category of up to $14 million for project engineering and development and offers an Application Development Grant of up to $25,000.
SiteLoglQ is a full-service planning and design company specializing in creating energy efficiency. SiteLoglQ has drafted a Letter of Agreement to work with the City of Anderson to provide proposals for facility improvements, energy conservation, and energy generation.
SiteLoglQ will conduct facility inspections to determine which energy sources, such as the chiller, water heaters, boiler, etc., can be improved. Leveraging these utility savings can fund these capital improvements. PG&E will offer cash savings incentives for the energy being conserved. SiteLoglQ will calculate the estimated operating costs for each targeted energy conservation measure and then compare them to the existing costs to provide a recommended Scope of Work for the City's review. Additionally, SiteLoglQ will prepare plans to submit to PG&E for the Microgrid Incentive Program and also submit the application for PG&E NEM 2(A) program. SiteLoglQ will develop and submit these project applications for a fee of $25,000. Due to PG&E's $25,000 Application Development Grant, the Microgrid Project plans will incur no cost to the City.
The Microgrid Project will create redundancy and resiliency to provide power to all City of Anderson facilities during the various power outages the City faces each year.
I ATTACHMENTS
1. Draft Letter of Agreement
2. Draft Mutual Nondisclosure Agreement
ITEM 8.3b PAGE2 2/6/2024
February 2, 2024
City of Anderson
Public Works Department
1887 Howard St
Anderson, CA 96007
RE: Facility Solution Project Feasibility and Letter of Agreement (LOA) Dear Anderson City Council:
This Letter of Agreement (LOA) is intended to briefly describe the manner in which SiteloglQ and City of Anderson will work together during the project development process, as well as the obligations of each party with respect to the development process.
Client Identification: City of Anderson
Facility Location(s):
• Wastewater Treatment Plant - 3157 Rupert Rd, Anderson, CA 96007 • Up to 6 facilities will be evaluated through the Microgrid Incentive Program
Area of Focus:
SiteloglQ will provide a proposal and Facility Solution agreement for the implementation of facility improvements, energy conservation, energy generation, and/or energy management services.
Scope of Services:
A. Sitelog1Q will conduct a site visit to the Facility(ies) to perform a physical audit and collect data. The Client will cooperate and collaborate with SiteloglQ during this phase by providing copies of requested data, including (if available): Site and/or system drawings, historical operating data produced or recorded by existing controls or meters, manual logs, and any other data that may be pertinent to this evaluation.
B. Client will also make operational personnel available at reasonable times for in-person and telephone interviews with SiteloglQ to answer questions about CA Of/ice: 1651 Response Rd, Ste 300, Sacramento, CA 95815 Phone: (916) 914-1929
www.sitelogig.com O CA license 111054171
existing facilities conditions, operating profile and existing equipment operation.
C. Where operational data is not available to support the analysis, SiteloglQ will utilize standard engineering practices and assumptions to provide a conservative analysis on the potential energy savings from installing the energy conservation measures.
D. SiteloglQ will also analyze the potential for energy generation measures.
E. SiteloglQ will recommend energy management and/or on-going monitoring services.
F. For each of the targeted Energy Conservation Measures (ECMs), estimated (projected) operating costs will be calculated and then compared to existing operating costs. Existing conditions will be evaluated using data-logged or stipulated and mutually agreed operational schedules.
G. SiteloglQ will prepare a return on investment analysis (consistent with the client's preferred evaluation methods based on agreed upon Economic Criteria noted below).
H. SiteloglQ will provide budgetary construction costs estimates and a summary Scope of Work for all recommended ECMs. Cost estimates will represent a "turnkey" solution. Refer to Attachment A for the list of discussed potential ECM's to be evaluated.
I. The results will be presented to client as a recommended Scope of Work and a financial proforma (such as a Cash Flow) which will include costs and energy savings for the next 25 years with escalation of no more than 6% and including future maintenance & repair costs. As a result, True Cost of Ownership is presented to the client for their review and consideration.
Clarification on SiteloglQ's Obligations:
Consistent with California Government Code Section 1097.6, SiteloglQ's duties and services under this LOA shall not include preparing or assisting the Client with any portion of the Client's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the Client. The Client enters this LOA shall at all times retain responsibility for 2 '
si!§!Q9l9
public contracting, including with respect to any subsequent phase of the project(s) proposed under this LOA. SiteloglQ's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. SiteloglQ shall cooperate with the public entity to ensure that all potential participants in a future project proposed under this LOA have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by SiteloglQ pursuant to this LOA.
Client Responsibilities:
In order for SiteloglQ to provide the services described in this LOA, the Client agrees to provide (or cause its energy suppliers to provide) SiteloglQ with the data requested in Attachment B. In addition, Client shall execute Attachment C ("Utility Authorization Form") to provide access to Client's Utility account information.
Development Efforts:
Client acknowledges that SiteloglQ will incur considerable expense in developing the Project. This expense includes the cost to by SiteloglQ's development team, the cost to visit the Site, and the cost to prepare the financial proforma. SiteloglQ is acting hereunder as an independent contractor and not as an agent or employee of the Client. SiteloglQ shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the Client.
Ownership of Work:
All work products, including all proforma's, schedules, and scope of work documentation provided by SiteloglQ, will only become the property of the Client upon execution of a binding, irrevocable contract between the Client and SiteloglQ for the implementation of the ECMs proposed by SiteloglQ. Notwithstanding the foregoing, to the extent that any tangible work documentation produced by SiteloglQ contains SiteloglQ's pre-existing materials (including but not limited to templates, forms, and other SiteloglQ -created materials), SiteloglQ will remain the sole and exclusive owner of all such pre-existing materials.
Interconnection Application:
If applicable, SiteloglQ may request important Distribution System information from the local utility regarding planned solar interconnection points, prior to submitting an Interconnection Application during construction of a Solar Generation PV Array.
The purpose is to avoid or address early in the design phase any existing utility infrastructure that may prohibit or delay the construction of a Solar Generation PV Array at any of the listed locations below.
3 • Land/Building, at Wastewater Treatment Plant - 3157 Rupert Rd, Anderson, CA 96007
A. Complete Interconnection Application Report:
Provides a readily available level of Distribution System data.
Development Fee:
SiteloglQ will develop the Project for the firm, fixed fee/rate as listed below:
1. Fee/Rate of: $25,000 Fixed Fee
Fee assumes one interconnection submittal and one review with the utility. New NEM 2.0A interconnection guidelines and available grid capacity may require additional submittals and interconnection Fees up to $3,500 per site (not included in the Service FeeJ. Any additional fees will be passed through to client.
In the event that the Client enters into a contract with SiteloglQ for the implementation of the ECMs within 60 days after presenting the Proposal, then SiteloglQ's cost to develop the Proposal will be waived. If the Client enters into a contract with SiteloglQ at a later date, the Development Fee paid by the Client will be credited toward the project's total implementation cost.
If SiteloglQ cannot meet the Economic Criteria Client will not compensate SiteloglQ for its LOA fee.
Economic Criteria:
The Client has represented to SiteloglQ that Client agrees to move forward with the project if the project is shown to reduce the operational expenses at the site over the useful life of the project. The main financial objectives of the project are as follows:
1. Provide a self-funded program, which pays for itself through expense reductions and minimizes the Client's contribution and meets the requirements of California Government Code 4217.10 et seq.
Terms & Conditions:
Contractor is acting hereunder as an independent contractor and not as an agent or employee of the Customer. The Contractor shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the Customer.
This LOA shall be construed and enforced in accordance with the laws of the State of California without regard to principles of conflicts of law. 4 If you agree with the provisions set forth in this LOA, kindly sign and date the LOA below and return one fully-executed copy to my attention. Thank you again for providing SiteloglQ with the opportunity to work on this important initiative.
Acceptance of Letter of Agreement
This agreement is between City of Anderson and SiteloglQ, Inc.
City of Anderson:
Name: Adam Whelen
Title: Public Works Director
Date:
SiteloglQ
Name: Eddie Jordan, PhD PE
Title: Vice President
Date:
5 .
sit~!Q91Q
Attachment A:.
Potential Facility Improvement, Energy Conservation, Energy Generation, and Energy Management Measures to be considered
l. Solar Generation
2. Microgrid Incentive Program
6 Attachment B:
Pre-audit Information Request - -- -
# Must Have Nice to Have
Utility Information
1 Electric, Gas, Water, Oil, Other: Utility all data in excel format; 3 to 5 years. supplier and contact Customer Access through Utility API. 2 Summary of monthly usage and cost (1 Utility Rate structures year minimum, 3 years preferred)
3 Copies of actual Utility bills for one year Kilo Watt (kW) and Kilo Volt Amp (kVA) Data:
Monthly Peaks & 15-minute interval
4 What are the interconnection or other Utility Meters: main & sub-meters- layout major electrical codes that we need to be drawing, locations, areas they feed aware of, e.g., for islanding from the utility,
for connecting to a substation, etc.
5 What is the power rating of equipment
(Volts, Amps, Hz)?
Facility Information
1 Age, Total building area (sq. feet.), Roof type & age, window type & age, any Conditioned Area, window area, number window films, etc? of rooms, common facilities
2 Operation schedule, monthly occupancy
data
3 Complete set of building plans (original & Please scan & pdf all the building as-built as-builts); at a minimum, overall drawings.
architectural plan, main mechanical
schedule, electrical single-line diagram;
4 Any problems regarding guest comfort Equipment Maintenance logs & schedule (humidity, hot/cold areas, mold, etc.) (indicate recurring problems) 5 Any major renovation projects in the last 3 Air balance report, Facility Assessment years? Or plans to renovate Plan
7 '
sit§!QQJQ
Attachment C:
Utility Authorization Request
Not needed at this time.
8 PG&E Mutual Nondisclosure Agreement - _ [Company Name] __
MUTUAL NONDISCLOSURE AGREEMENT
This MUTUAL NONDISCLOSURE AGREEMENT ("NOA"), by and between Pacific Gas and Electric Company, a California corporation ("PG&E"), and [Insert company name) a [Insert corporate type and state) ("Company") (together the "Parties" and each individually a "Party"), is effective as of the latest signature date below (the "Effective Date").
WHEREAS, PG&E is an investor-owned utility that provides gas and electric service to millions of customers throughout Northern and Central California; WHEREAS, [Insert company name) is a [Insert type of entity] headquartered in [Insert location) , and is exploring the development of a microgrid, developing a microgrid, or has developed and is maintaining a community microgrid pursuant to PG&E's Community Microgrid Enablement Tariff ("CMET");
WHEREAS, in support of those efforts, the Parties expect that each Party may disclose to and receive from the other Party some amount of Confidential Information, as defined herein; WHEREAS, the Parties recognize that the development of microgrids is in the public's interest; and
WHEREAS, each Party wishes to protect, use, handle, and safeguard the Confidential Information that it receives from the other Party in compliance with law and in accordance with the duties and responsibilities set forth herein.
NOW THEREFORE, the parties agree as follows:
I . Purpose. The purpose of this Agreement is to permit each Party to transmit or exchange Confidential Information to or with the other Party hereto for the purpose of evaluating and reviewing such Information in connection with the potential or actual development, operation and maintenance of a microgrid pursuant to PG&E 's CMET ("Purpose"), and for no other purpose. The Parties mutually agree that development of microgrids is in the public's interest and that the Purpose of this Agreement justifies maintaining the confidentiality of their respective Confidential Information.
2. Confidential Information. "Confidential Information'' as used herein shall mean any nonpublic proprietary or confidential data, information and other materials including those regarding the products, services or business of the disclosing party (the "Disclosing Party"), its parent company, its subsidiaries or affiliates (and/or if either Party is bound to protect the confidentiality of any third party, of such third party) provided by or made available by the Disclosing Party to the receiving party (the "Receiving Party") where such information is marked or otherwise communicated as being "proprietary" or "confidential" or the like, or where such information should, by its nature, regardless of the existence of any markings, be reasonably considered to be confidential and/or proprietary. Without limiting the foregoing, Confidential Information includes (i) all confidential and proprietary documents, records, reports, agreements and associated documents; (ii) any and all information pertaining to PG&E's electric distribution and transmission facilities; (iii) all technical, financial and business information of any kind; (iv) all written procedures; (v) all data, specifications, Confidential
PG&E Mutual Nondisclosure Agreement - ___ [C_o_m_pa_n_y _Nam_ _e_) __ technology, ideas, know-how, improvements, maps, technical drawings, inventions (whether or not patentable or copyrightable), or trade secrets; and (vi) all Personal Information belonging to the Disclosing Party. Confidential Information does not include information which: (a) is already known to the Receiving Party on a non-confidential basis prior to the disclosure by Disclosing Party; (b) becomes publicly available without breach of the confidentiality obligations of this NDA by Receiving Party or its representatives; (c) is approved for release without confidentiality obligations by written authorization of the Disclosing Party; (d) is rightfully obtained by Receiving Party from a third party without restriction as to disclosure; (e) is developed independently by Receiving Party without use of or access to Disclosing Party's Confidential Information. [For public entity counterparties: Furthermore, and consistent with the Purpose of the Agreement, the Parties agree that they are sharing Confidential Information to serve the public's interest and that this Purpose clearly outweighs publicly disclosing such Confidential Information. Accordingly, the Parties agree that Disclosing Party's Confidential Information is exempt from disclosure pursuant to the California Public Records Act, California Government Code § 6250, et seq., and other federal, state, and municipal public disclosure laws, including but not limited to the Brown Act, California Government Code § 54950, et seq., and shall remain confidential as set forth in Paragraph 9 of this Agreement, entitled 'Term and Termination"]
3. Processing Personal Information. "Personal Information" as used herein shall mean any information provided by PG&E, its subsidiaries, affiliates, agents, officers, directors, current and former employees, or customers, to Company that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, or as the "personal information" or "personal data" or such similar term is defined under applicable data privacy and protection laws. In the event Personal Information related to its employees, customers or other individuals is disclosed to Company, the Parties agree that the provisions detailed in the Personal Data Processing Addendum, attached hereto as Appendix A, shall apply. In the event of any conflict with regard to Personal Information between the general terms of this Agreement and Appendix A, the terms of Appendix A will govern.
4. Use and Nondisclosure of Confidential Information. Receiving Party agrees to keep any Confidential Information made available or provided to it as confidential and proprietary and shall treat such Confidential Information in the same manner as it treats is own similar proprietary and confidential information, but in no case will the degree of care be less than reasonable care. The Receiving Party shall use the Confidential Information only in performing its obligations or to exercise its rights in connection with the Purpose. The Receiving Party shall not sell, share or otherwise disclose Confidential Information to any third party (except as authorized under the NDA or applicable law) without the Disclosing Party's express written consent. The Receiving Party shall disclose Confidential Information only to those employees and contractors of Receiving Party who have a need to know such information for the purposes of performing its obligations or exercising its rights in connection with the Purpose, and such employees and contractors must be bound by an NDA or have entered into agreements with Receiving Party containing confidentiality provisions covering the Confidential Information with terms and conditions at least as restrictive as 2 Confidential
PG&E Mutual Nondisclosure Agreement - ___ (C_o_m_pa_n_y_N_am_e_J __ those set forth in this NDA. Unless expressly required by the Purpose, the Receiving Party shall not input or otherwise process Confidential Information using generative artificial intelligence or any similar program or algorithm except with the express, prior, written permission of the Disclosing Party.
The Parties further agree that this Agreement shall not be construed to limit either Party's right to independently develop or acquire products without use of or reference to the other Party's Confidential Information. The Disclosing Party acknowledges that the Receiving Party may currently or in the future develop information internally, or receive information from other parties, that is similar to the Confidential Information. Accordingly, nothing in this Agreement will be construed as a representation or agreement that the Receiving Party will not develop or have developed products, concepts, systems, or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in the Confidential Information provided that the Receiving Party does not violate any of its obligations under this Agreement in connection with such development.
5. Security Measures. The Receiving Party shall implement reasonable administrative, technical and physical security measures to safeguard the Confidential Information it receives. These safeguards shall include, but not be limited to: (a) written policies regarding information security, disaster recovery, third-party assurance auditing, penetration testing; (b) password protected workstations at Receiving Party's premises, any premises where services are being performed and any premises of any person who has access to such Confidential Information, and ( c) encryption of Confidential Information.
6. Disclosures Required by Law. If any Confidential Information is required to be disclosed by law, rule, regulation, court of competent jurisdiction or governmental order, then to the extent permitted by applicable law, the Receiving Party shall advise the Disclosing Party of the Confidential Information required to be disclosed promptly upon learning thereof in order to afford the Disclosing Party (at the Disclosing Party's sole cost and expense) a reasonable opportunity to contest, limit or assist the Receiving Party in crafting the disclosure, and then such disclosure shall be made only to the extent necessary to satisfy such requirements.
Notwithstanding the foregoing, the Parties recognize that PG&E is a regulated utility and that its regulators have broad rights to request information from PG&E and from time-to-time PG&E may have to disclose certain Confidential Information to its regulators (e.g., the California Public Utilities Commission (CPUC) and the Federal Energy Regulatory Commission (FERC)). In that event, PG&E will disclose such information subject to the regulators' respective confidentiality rules.
7. Unauthorized Disclosures. The Receiving Party shall promptly notify the Disclosing Party in writing of any unauthorized access or disclosure of Confidential Information. The Receiving Party shall take reasonable measures within its control to stop the unauthorized access or disclosure of Confidential Information and to prevent recurrence. The Parties agree that a breach of this NDA would constitute irreparable harm and significant injury to the Disclosing Party. The Disclosing Party therefore shall have the right to seek from any competent civil court, immediate temporary or preliminary injunctive relief enjoining any breach or threatened breach of this NDA.
3 Confidential
PG&E Mutual Nondisclosure Agreement - ___ [C_o_m_pa_n_y _Na_m_e_] __
8. Return or Destruction of Confidential Information. All Confidential Information disclosed by Disclosing Party to Receiving Party remains the property of the Disclosing Party, and Receiving Party shall return or destroy all Confidential Information, including any copies of Confidential Information in its or its agents' possession upon the termination of this NDA or otherwise at the Disclosing Party's request. Within fifteen (15) days of receiving such request from the Disclosing Party, the Receiving Party shall comply with the request and provide written certification, signed by the Receiving Party, confirming the Receiving Party's compliance with the return or destruction of all Confidential Information as set forth in this provision. Notwithstanding the foregoing, the Receiving Party may retain one copy of Confidential Information for purposes of complying with its legal obligations or consistent with Receiving Party's backup retention and recovery purposes, provided that the obligations set forth in this NDA apply to any retained Confidential Information.
9. Term and Termination. This NDA shall be effective from the Effective Date, provided however, that either Party may terminate this NOA by giving the other Party thirty (30) calendar days' notice in writing of its intention to terminate this NOA. Termination shall not abrogate either Party's obligations under this NOA for Confidential Information received prior to the date of termination.
I 0. Notices. Any notice required to be sent or given under this Agreement will be sent via electronic mail, addressed as follows:
PG&E (Insert company name!
Name: Andrea Schumer Name: [Company• Name]
------------ ------------ E-Ma ii: [email protected] ----------"---'----- E-Ma ii: [EMail • Company) ------------- Phone: (925) 586-5566 Phone: [Phone • Company) -------------- -------------- 11 . Communications and Media. Neither Party will disclose any information or make any news release, advertisement, public communication, response to media inquiry or other public statement regarding this Agreement, the Confidential Information disclosed, the Purpose and/ or potential commercial relationship between the Parties, or the performance hereunder without the prior written consent of the other Party. Subject to Paragraph 5, neither Party will make any reference to the other Party or to the existence of this Agreement in any advertising or other publication (except for confidential, internal company publications), without the prior written consent of the other Party, and neither Party will associate or in any way connect its name, trademark or any other intellectual property right to any name, trademark or any other intellectual property right of the other Party without the other Party's prior written consent. The fact that the Parties have entered into this Agreement does not constitute, nor does it imply in anyway, endorsement by one Party of the other, and neither Party will indicate or imply that the other Party endorses, recommends, or vouches for it in any form of written, verbal, or electronic advertisement, communication, or any other business development effort, without the other Party's prior written consent.
12. No License. No license or proprietary rights are granted by disclosure of any Confidential Information under this NDA. For avoidance of doubt, nothing in this NDA is intended to grant any rights to any Receiving Party under any patent, copyright, trade secret or other 4 Confidential
PG&E Mutual Nondisclosure Agreement - ___ (C_o_m_pa_n_y_N_am_e_J __ intellectual property right nor does this NOA grant any Receiving Party any rights in or to the Confidential Information, except the limited right to use the Confidential Information solely for the Purpose.
13. Compliance with Applicable Law. The Receiving Party agrees to comply with all applicable laws governing the protection of the Confidential Information.
14. Indemnification. The Receiving Party shall indemnify the Disclosing Party against any and all actions, claims, liabilities, costs, damages, charges and expenses incurred in connection with or arising out of the Receiving Party's use of Confidential Information.
15. Assignment. Neither Party shall assign this NDA nor any Confidential Information received from Disclosing Party pursuant to this NDA without Disclosing Party's prior written consent.
This NOA shall be binding upon each Party, their successors, and assigns.
16. No Warranty. All Confidential Information is provided "as is" without any warranties, express, implied, or otherwise, regarding the accuracy or completeness of any Confidential Information disclosed by the Disclosing Party to the Receiving Party.
17. Severability and Waiver. The covenants and agreements set forth in this NOA are each deemed separate and independent, and if any such covenant or agreement is determined by any court of competent jurisdiction or arbitrator/mediator to be invalid or unenforceable for any reason, the Parties shall negotiate an equitable adjustment in the provisions of this NDA with a view toward effectuating the purpose of this NOA. The invalidity or unenforceability of any of the provisions, or application of any of the provisions, of this NDA will not affect the validity or enforceability of any of the remaining provisions of this NDA.
18. Entire Agreement. This NDA contains the entire understanding between the Parties with respect to Confidential Information received hereunder. This NDA has been negotiated by both Parties and shall not be strictly construed against either Party. No change, modification, extension, termination, or waiver of this NDA shall be made effective unless in writing and signed by an authorized representative of each Party.
19. Governing Law. This NDA shall be construed and interpreted in accordance with the laws of the State of California. Any controversy, dispute, issue, or claim arising out of or in any way relating to this NDA which cannot be amicably settled without court action shall be litigated in a California State Court of competent jurisdiction; or if jurisdiction over the action resides in the federal courts, then in a Federal Court of competent jurisdiction situated in the State of California.
20. Counterparts. This NDA may be executed in one or more counterparts, each of which shall be deemed an original and all of which, when taken together, constitute one and the same instrument. The Parties agree that electronic signatures may be used for execution of the NDA. The email, PDF or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and electronic copies of the executed NDA shall be deemed to constitute duplicate originals.
5 Confidential
PG&E Mutual Nondisclosure Agreement - ___ [C_o_m_pa_n_y_N_am_e_J __
21. Remedies. Notwithstanding any other term of this NOA, it is expressly agreed that a breach of this NOA will cause irreparable harm to the Disclosing Party and that a remedy at law would be inadequate. Therefore, in addition to any and all remedies available at law, the Disclosing Party will be entitled to injunctive and/or other equitable remedies in the event of any threatened or actual violation of any provisions of this NOA. In any dispute between the Parties arising out of or relating to the NOA, the prevailing party shall be entitled to recover from the opposing party his or its attorneys' fees and costs.
Signature page follows
6 Confidential
PG&E Mutual Nondisclosure Agreement - __ [_Co_m_p_an_y_Na_m_e_J __ IN WITNESS HEREOF, and intending to be legally bound hereby, the Parties hereto have caused this NOA to be executed by their duly authorized representatives as of the Effective Date. [COMPANY) [Insert company name] PACIFIC GAS & ELECTRIC COMPANY Signature: Signature:
Name: [Name - Company] Name: [Name PG&E]
----------- -------~--- Title: [Title - Company] Tit I e: [Title - PG&E] ------------ ------------ Date: [Date -Company] Date: [Date - PG&E] - ----------- - - ----------
7 Confidential
PG&E Mutual Nondisclosure Agreement - _ [Company Name)
Appendix A
PERSONAL DATA PROCESSING ADDENDUM
This Personal Data Processing Addendum ("DPA") amends, in accordance with the terms set forth below, all agreements between the Parties, pursuant to which Company receives and processes Personal Information (as defined below) and to clarify and confirm Company's obligations to safeguard and maintain the security of the Personal Information it collects from or on behalf of PG&E related to employees, dependents and beneficiaries, consultants, workers, visitors, shareholders, and/or customers of PG&E and its subsidiaries and affiliates. l. DEFINITIONS. As used in this DP A, the following capitalized terms shall have the meanings provided in this section. Capitalized Terms used in this DPA, but not defined below have the meaning given to them in the Parties' Agreement.
Agreement. "Agreement" means the Mutual Non-Disclosure Agreement by and between PG&E and Company.
Personal Information. "Personal Information" means any information provided by PG&E, its subsidiaries, affiliates, agents, officers, directors, current and former employees, or customers, to Company and that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular individual. "Personal Information" includes "personal information," "personal data" or other such similar terms as they are defined under applicable Privacy Laws.
Privacy Laws. "Privacy Laws" are all applicable laws, rules, regulations, directives and governmental requirements in any jurisdiction in which Company or Company operates and relating in any way to the privacy, confidentiality, or security of Personal Information processed by Company, including, but not limited to the California Consumer Privacy Act of 2018 ("CCPA") and the California Privacy Rights Act of 2020 ("CPRA'').
2. CONTROL OF PERSONAL INFORMATION. PG&E shall retain all ownership and control over the Personal Information disclosed to Company. PG&E also has the exclusive authority to determine the purposes of processing of all Personal Information by Company.
3. LIMITED USE OF PERSONAL INFORMATION. At all times during the term of this DPA and thereafter, Company shall collect (including, without limitation, caching or storing), access, use, disclose, process or retain Personal Information solely for the purpose of rendering the contracted services to PG&E and not for any other purpose. Company shall not sell, share or otherwise disclose any Personal Information to any third party except as expressly permitted herein. Company shall not use any Personal Information to violate or attempt to violate the security of PG&E's systems, or any third party networks, system, server, website, application or account.
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PG&E Mutual Nondisclosure Agreement - ___ [C_o_m_p_any_ _N_a_m_e_) __
4. ADDITIONAL RESTRICTIONS. Company shall not: (i) sell or share Personal Information or (ii) collect, retain, use, or disclose Personal Information for any purpose other than for the specific purpose of performing the services specified in the Agreement. For avoidance of doubt, Company shall not collect, retain, use, or disclose Personal Information for any commercial purpose other than providing the services specified under the Agreement unless otherwise permitted under applicable law. For purposes of this section, the terms "sell," "commercial purposes" and "personal information" shall have the meanings as defined under the CCPA and "share" shall have the meaning as defined under the CPRA.
S. AGENTS. Company shall not contract any of its rights or obligations hereunder, or share, transfer, disclose or otherwise provide access to any Personal Information to any contractors, subcontractors, third-party service providers, or agents (collectively, "Agents") without the prior written consent of Company. Where Company contracts any rights or obligations, or provides access to Personal Information, to an Agent, then (a) Company shall enter into a fully-executed written agreement with each Agent that imposes obligations on the Agent that are at least as restrictive as those imposed on or required of Company under this DPA; (b) Company shall not be relieved of any of its obligations under this DPA; and (c) Company shall remain liable and responsible for the performance or non-performance of its Agents with respect to the Agent's collection, use, disclosure, storage, processing and disposal of Personal Information.
6. COMPLIANCE WITH LA w. Company agrees that its collection, use, disclosure, storage, processing and disposal of Personal Information shall at all times comply with all applicable Privacy Laws and any representations made by Company to any person from whom such Personal Information was collected. Company further agrees that it will reasonably cooperate with PG&E's efforts to comply with PG&E's legal obligations related to its collection, processing, use or disclosure of Personal Information.
7. DATA SECURITY. Company shall, and shall contractually require and cause any Agents to, implement and maintain security procedures and practices for Personal Information, including without limitation, establishing, implementing and maintaining an Information Security Program as set forth in this Section 7, that will: (i) comply with all applicable Privacy Laws and industry standards; (ii) ensure the security and confidentiality of Personal Information, (iii) protect against any anticipated or actual threats or hazards to the security or integrity of Personal Information, and (iv) prevent unauthorized access, acquisition, destruction, use, modification and/or disclosure of Personal Information.
Company and its Agents shall each ensure that its security infrastructures are consistent with high industry standards for virus protection, firewalls and intrusion prevention technologies to help prevent Company's network, systems, servers and applications from unauthorized access. Company will restrict and track access to Personal Information and PG&E systems at all times to only those employees and Agents whose access is essential to performing the services for which Company has been contracted, and such employees and Agents will be required (including during the term of their employment or retention and thereafter) to protect Personal Information in accordance with the requirements of this DPA. Company shall segregate Personal Information from all other Company and third party data. Company must ensure proper user authentication for all employees, and Agents with access to Personal Information, including, without limitation, by assigning 9 Confidential
PG&E Mutual Nondisclosure Agreement - ___ [C_o_m_pa_n_y_N_am_e_J __ each employee or Agent unique access credentials for access to any system on which Personal Information can be accessed and prohibiting employees and Agents from sharing such access credentials. Company shall ensure that upon tennination of any employee or Agent, the terminated person's access to Personal Information and PG&E systems must be immediately revoked.
8. INFORMATION SECURITY PROGRAM. Company shall conduct appropriate training and awareness campaigns designed to educate Company's employees of their responsibilities in maintaining the confidentiality and security of Personal Information and for the reporting of incidents involving unauthorized access to or use of Personal Information, consistent with all Privacy Laws and the terms of this DPA. Company represents and warrants that it has implemented and will maintain a variety of administrative, organizational and technical measures ("Information Security Program) that are consistent with industry standards which may include but are not be limited to ISO 27001/2, NIST, OW ASP, and other similar standards that are designed to reasonably and appropriately protect the confidentiality, integrity mid availability of information systems or data and which measures are set forth below. Company shall review its Information Security Program on at least an annual basis and evaluate whether it needs to be modified to comply with Privacy Laws or industry practices. Company shall notify PG&E of any material changes to Company's Information Security Program as it relates to the security and integrity of Personal Information, within thirty (30) days of any such change.
Notwithstanding the foregoing, at all times, Company's Information Security Program shall include the following:
a. Organizational management and dedicated staff responsible for the development, implementation and maintenance of Company's Information Security Program. b. Audit and risk assessment procedures designed for the purposes of periodic review and assessment of risks to Company's organization, for monitoring and maintaining compliance with Privacy laws, and for reporting the condition of its information security and compliance to Company senior management. c. Data security controls which include at a minimum, but may not be limited to, logical segregation of data, restricted (e.g., role-based) access and monitoring, and utilization of commercially available and industry standard encryption, at a minimum of 256-bit encryption, for Personal Information that is:
1. transmitted order public networks (i.e. the Internet) or when transmitted wirelessly,
11. stored on any Company or Agent systems, including any cloud based systems.
d. Logical access controls to manage electronic access to data and system functionality based on authority levels and job functions, (e.g. granting access on a need-to-know and least privilege basis, use of unique IDs and passwords for all 10 Confidential
PG&E Mutual Nondisclosure Agreement __ (Company Name]
users, periodic review and revoking/changing access promptly when employment terminates or changes in job functions occur).
e. Password controls to manage and control password strength, expiration and usage including prohibiting users from sharing passwords.
f. System auditor event logging and related monitoring procedures to proactively record user access and system activity for routine review. g. Physical and environmental security of data center, server room facilities and other areas containing Personal Information to protect information assets from unauthorized physical access, and to manage, monitor and log movement of persons into and out of Company facilities, and to guard against environmental hazards such as heat, fire and water damage.
h. Operational procedures and controls to provide for configuration, monitoring and maintenance of technology and information systems according to prescribed internal and adopted industry standards, including secure disposal of systems and media to render all information or data contained therein as undecipherable or unrecoverable prior to final disposal or release from Company's possession.
1. Change management procedures and tracking mechanisms to ensure all changes to Company's technology and information assets are properly tested, approved and monitored.
J. Incident management procedures to allow for the proper investigation, response, mitigation and notification of events related to Company's technology and information assets.
k. Network security controls that provide for the use of enterprise firewalls and layered DMZ architectures, and intrusion detection systems and other traffic and event correlation procedures to protect systems from intrusion and limit the scope of any successful attack.
I. Vulnerability assessment, patch management, and threat protection technologies and scheduled monitoring procedures to identify, assess, mitigate and protect against identified security threats, viruses and other malicious code. m. Business continuity and disaster recovery procedures to ensure Company's ability to maintain service and/or recovery from foreseeable emergency situations or disasters.
n. Controls to ensure any applicable Company software is securely developed in accordance with this DPA, such as design reviews, secure separation of development and production environments, code reviews, and quality assurance testing.
l I
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PG&E Mutual Nondisclosure Agreement - ___ [C_o_m_pa_n_y_N_am_ e_] __
9. TRANSMISSION OF PERSONAL INFORMATION. Company shall not electronically transmit a record containing Personal Information outside a secure network environment other than by a secure network connection or communications protected by appropriate encryption technology that is not less than 256-bits in length. Likewise, Company shall not require any individual to transmit Personal Information over the Internet unless the connection is secure or the Personal Information is protected by encryption technology meeting this standard. Company shall not print Personal Information on mailed material unless required by law and will not make Personal Information visible through any envelope window unless required by law. Notwithstanding the provisions of this Section, when strictly necessary to perform the contracted services and permitted by applicable Privacy Laws, Personal Information may be included in applications and forms sent by mail, including documents sent as part of an application or enrollment process, or to establish, amend or terminate an account, contract or policy, or to confirm the accuracy of the Personal Information.
10. SECURITY MANAGER. On the effective date of the Agreement, Company shall designate an individual as the primary security manager under this DPA. The security manager shall be responsible for managing and coordinating the performance of Company's privacy and data security obligations under this DPA.
11. SUBPOENAS AND LEGAL PROCEEDINGS. Subject to applicable law, Company shall immediately notify PG&E of any subpoena or other judicial or administrative order by a court, tribunal, litigant, or government authority seeking access to or disclosure of Personal Information. Subject to applicable law, PG&E shall have the right take steps to assess and/or prevent such disclosure and to defend subpoena enforcement proceedings or motions to compel in lieu of and on behalf of Company, which still must provide reasonable cooperation to PG&E in connection with such defense.
12. DATA SECURITY BREACH NOTIFICATION AND INCIDENT RESPONSE. Company shall notify PG&E, of: (a) any access, possession, use or disclosure of Personal information, or attempt thereof, not expressly permitted by this DPA; (b) any suspected breach or compromise of Personal Information, or Company's systems or networks that directly or indirectly support Personal Information; or (c) claims or threats thereof made by any personnel, Agent or external person (each or the foregoing a "Data Security Breach").
Company shall notify PG&E of a Data Security Breach within twenty-four (24) hours after detecting or being notified of the Data Security Breach affecting Personal Information.
a. Data Security Breach Investigation. Company shall immediately take measures to stop the Data Security Breach and in PG&E's sole discretion, upon PG&E's written request, and pursuant to PG&E's instructions, Company shall cooperate with PG&E and any outside agents hired by PG&E in connection with: (i) conducting an investigation of any actual or suspected Data Security Breach and (ii) providing PG&E and its agents with administrative access to all affected systems or applications that store, process, transmit or otherwise access Personal Information. Company shall provide PG&E with the following information, at minimum: (i) a brief summary of the issue, facts and status of Company's 12 Confidential
PG&E Mutual Nondisclosure Agreement - ___ [C_o_m_pa_n_y_N_am_e_J __ investigation; (ii) the potential number of individuals affected by the Data Security Breach; (iii) the Personal lnfonnation that has been or may have been implicated by the Data Security Breach; and (iv) any other infonnation pertinent to PG&E's understanding of the Data Security Breach and the exposure or potential exposure of Personal lnfonnation.
b. Other Parties. Unless the Data Security Breach impacts the infonnation of parties other than PG&E, Company shall not notify any parties other than PG&E and relevant law enforcement agencies of any Data Security Breach unless such notification is agreed to in advance by PG&E in writing. c. Resolution. For avoidance of doubt, any Data Security Breach vulnerability shall be resolved to PG&E's satisfaction, at Company's expense. If such vulnerability cannot be resolved to PG&E's satisfaction within a reasonable period of time, as detennined by PG&E, PG&E shall have the right to immediately tenninate the Agreement without liability.
d. Notification. Company will, upon PG&E's written request and pursuant to PG&E's instructions, at Company's cost, notify any affected persons or entities provided that the method and content or such notice to shall be agreed to in writing by PG&E prior to sending such notice. Company shall also cooperate with PG&E and any relevant authority in the event of litigation or regulatory inquiry concerning a Data Security Breach. Notwithstanding the foregoing, Company, at its sole expense shall investigate and remediate all Data Security Breaches.
e. Indemnification. In addition to Company's indemnification obligations set for in Section 21 of this DPA, Company shall also indemnify, hold hannless, and defend PG&E and its respective directors, officer; employees, subcontractors and agents from any suits, claims, damages, demands, proceedings, and other actions brought by a third party, and all associated expenses and costs (including but not limited to: assessments, fines, losses, penalties, costs of investigating and responding to any Data Security Breach, costs of notifying affected individuals, and attorneys' fees), arising out of or related to Company's or its Agents collection, processing, storage, use transmission or destruction of Personal Infonnation, including, but not limited to, a suspected or actual Data Security Breach. The remedies set forth herein shall be in addition to any other remedies available to PG&E at law or in equity, including but not limited to Company's general indemnification obligations set forth in this DPA.
13. CREDIT MONITORl~G. In the event of a Data Security Breach (including, without limitation, by an unauthorized employee or Agent of Company), at the sole discretion of PG&E, Company will offer Credit Monitoring Services (as defined below) as designated by company to any affected individual at Company's cost and expense. Affected individuals will be notified of the availability of Credit Monitoring Services as directed by PG&E, at Company's sole cost. "Credit Monitoring Services" mean credit monitoring services for two (2) years, beginning on the date the individual first registers for the 13 Confidential
PG&E Mutual Nondisclosure Agreement - ___ [C_o_m_pa_n_y_N_am_e_J __ service after the Data Security Breach or such period required by Privacy Laws and one ( 1) free credit report provided by Experian, Equifax, or TransUnion.
14. DESTRUCTION AND RETURN OF PERSONAL INFORMATION. As soon as possible after any of the Personal Information (or portion thereof) is no longer needed by Company to fulfill its obligations to PG&E or upon PG&E's written request, or in the event of termination or expiration of this DPA for any reason, Company shall, and shall cause its Agents, to immediately securely destroy and certify such secure destruction (and produce a written certification upon request by PG&E) of any or all of Personal Information and all records of Personal Information, (including, without limitation, all electronic copies such as on hard drives, backup tapes, portable devices, optical, magnetic, or other storage media, as well as all hard copies) or, if requested by PG&E, return Personal Information to PG&E through a secure method designated by PG&E. Company shall ensure that Personal Information is destroyed in accordance with the methods described in the Federal Trade Commission's Disposal Rule, 16 C.F.R § 682.3 and any other Privacy Law.
15. SECURITY AUDIT RIGHTS. At the request of PG&E and at PG&E's cost, Company shall provide PG&E, or an independent third-party auditor selected by PG&E, access to, and the right to conduct a security audit of, all records, security policies and procedures, and other practices relating to the use, processing, storage and disclosure of Personal Information. The audit results and Company's plan for addressing or resolving issues identified by the audit shall be shared with PG&E within ten (10) days of Company's receipt of the audit results. If Company fails to resolve the issues identified in its plan within a reasonable timeframe determined by PG&E, PG&E shall have the right to terminate the services contract between the Parties. In addition, subject to Company's advance approval as to scope and timing, PG&E also reserves the right to conduct, at its own cost, not more than twice per calendar year, technical security integrity reviews, and penetration tests and monthly Internet security scans to ensure Company remains compliant with this DPA (collectively, .. Application Security Assessments"). PG&E will provide seven (7) days' notice prior to penetration testing or the commencement of monthly scanning activities. Company shall correct any security flaw discovered by PG&E within eight (8) hours. Further, Company and any Agent that accesses, stores or collects Personal Information shall conduct, at its own cost, an Application Security Assessment annually using an independent third-party tester.
16. MALICIOUS CODE. Company will ensure that the contracted services will not result in the transmission to PG&E of any (a) 'back door', 'time bomb', 'Trojan Horse,' 'worm', 'drop dead device,' 'virus', 'spyware' or 'malware;' or (b) any computer code or software routine that: (i) permits unauthorized access to or use of PG&E's or its users' systems or any component thereof; or (ii) disables, damages, erases, disrupts or impairs the normal operation of PG&E's or its users' systems or any component thereof.
17. INTERNATIONAL TRANSFER OF DATA. Company shall not transfer Personal Information to, or allow access to Personal Information by, its employees or Agents in any location outside the United States without receiving the prior written consent of PG&E. To the extent that the parties agree to the transmission of Personal Information outside of the 14 Confidential
PG&E Mutual Nondisclosure Agreement - ___ [C_o_m_pa_n_y_N_am_e_J __ United States, prior to making any such transfer, the parties will negotiate in good faith and agree to the terms of a data transfer agreement that complies with applicable Privacy Laws governing the cross-border transfer of Personal Information.
18. SUSPENSION OF DATA TRANSFERS. PG&E reserves the right to suspend or stop data transfers to Company at any time. In the event that Company is unable to comply with the obligations stated in this DPA, Company shall within forty-eight (48) hours notify PG&E, and PG&E shall then be entitled (at its option) to suspend the transfer of Personal Information, require Company to cease using Personal Information and/or immediately terminate the Agreement PG&E may have with Company that requires the transfer of Personal Information for the contracted services.
19. DATA SUBJECT REQUESTS. Company shall promptly send PG&E within three (3) business days of receipt of any communication received from an individual relating to his or her request to access, modify or correct, or delete Personal Information relating to the individual or to opt-out of any program or communication and Company shall comply with instructions of PG&E before responding to such data subject requests.
20. COOPERATION WITH GOVERNMENT ENFORCEMENT AUTHORITIES. Company will provide reasonable cooperation to PG&E in connection with PG&E's efforts to respond to any complaint filed with, or investigation conducted by, any government agency or data protection authority resenting the processing of Personal" Information by Company.
21. I NDEMNIFICATION. Notwithstanding anything to the contrary in any agreement between PG&E and Company, Company shall indemnify, hold harmless, and defend PG&E and its any and officers, employees, subcontractors, agents, successors, and assigns from and against any and all claims, losses, liabilities, damages, settlements, expenses and costs (including without limitation attorneys' fees and court costs) and any and all threatened claims, losses, liabilities, damages, settlements, expenses and costs arising from, in connection with, or based on allegations of, in whole or in part, any of the following: (a) any violation of the requirements of this DPA; (b) any negligence or willful misconduct of Company, its personnel or Agents or any third party to whom Company provides access to Personal Information or systems, with respect to security or confidentiality of Personal is (c) any other costs incurred by PG&E with respect to PG&E's rights in this DP A. Except as otherwise provided herein, Company shall be fully responsible for, and shall pay, all costs and expenses incurred by Company or its personnel, third-party service providers of Company or Agents with respect to the obligations imposed under this DPA.
22. RELATION TO THE AGREEMENT. A breach of any term of this DPA will be deemed a breach of the Agreement. The provisions of the Agreement regarding the subjects of Breach, Choice of Law, and Venue shall govern the parties' respective rights and obligations under this DPA. Notwithstanding the foregoing any indemnification rights of PG&E in this DPA are additive to any rights at law or in equity that PG&E has under the Agreement.
15 Confidential
PG&E Mutual Nondisclosure Agreement - ___ [C_o_m_pa_n_y_N_am_e--'-J __
23. CONFLICTS. In the event any term in this DPA is inconsistent or contradicts the terms in any other agreement between the Parties, the terms in this DPA shall apply.
24. MISCELLANEOUS. This DP A constitutes the entire agreement and understanding of the Parties with respect to the subject matter hereof, and its terms shall govern the event of any inconsistency between this DPA and any other agreement between the Parties. This DPA shall be amended only by a written agreement between the Parties that specifically references this DPA by name. Company's obligations hereunder shall survive the termination of the service agreements between the parties and the completion of any and all services performed thereunder.
16 Confidential
AGENDA ITEM
February 6, 2024, City Council Meeting
or Submittal By:
Jon
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth, City Manager
From: Jon Poletski, Chief of Police
Date: February 6, 2024
I SUBJECT
Accept contract for website and social media services for the Anderson Police Department as provided by PreSynced Productions.
I RECOMMENDATION
The Chief of Police recommends that the City Council:
1. Receive Staff Report.
2. Authorize the City Manager to execute Social Media Marketing Services Contract with PreSynced Productions for website maintenance/configuration services and social media management for Anderson Police Department.
I FISCAL IMPACT
The fiscal impact will include monthly fees of $1055.00.
I DISCUSSION and BACKGROUND
In August 2022, the Anderson Police Department (APD) entered into a contract with Web Made Local (WML) for a comprehensive overhaul and reconstruction of APD's website. The revamped website was launched towards the end of 2022. This agreement did not provide for ongoing website maintenance and updates. As discussions about APD's social media ITEM 8.8 PAGE1 2/6/2024
presence unfolded, it became apparent that additional support was needed in crafting posts, stories, and videos.
While APD maintains a social media team compnsmg active sworn personnel, their availability for content creation outside of law enforcement activities presented difficulties.
Ensuring timely content publication became a challenge, and resorting to paying overtime rates for officers on the social media team to post during their time off proved inconvenient and costly.
In contrast, California law enforcement agencies commonly adopt a different approach, with many having specialized personnel dedicated to social media and communications.
Notably, both of APD's local agency partners have either a full-time non-sworn employee or an entire communications department singularly focused on managing social media efforts.
To tackle the challenges in social media management, APD set up a monthly contract with WML for $1000.00, which was dedicated to providing social media content and support.
This partnership remained in effect until September 2023, when APD and WML jointly decided to end the agreement. The decision was influenced by WML's struggles in generating content ideas appropriate for the law enforcement context.
In pursuit of a new service provider, APD contacted three local companies for quotes for website maintenance/configuration services and social media management. We are recommending PreSynced Productions for their extensive range of services, priced at $1055.00 per month. This package includes managing four to five social media posts each month, four to five stories each month, producing two to three videos per year, and taking care of website maintenance and configuration. A significant aspect of PreSynced Productions' appeal is the owner/operator's substantial experience in handling social media content for law enforcement, bringing valuable expertise to the role.
In today's society, social media plays a crucial role in law enforcement communication, serving as a tool to showcase officers' activities and community events and humanize the badge. Recognizing this importance, APD views social media platforms as the primary gateway to the organization, effectively conveying its mission and core values to a broad audience.
Among the other companies considered, one could not assist with social media, while the other proposed a monthly rate of $1000.00 for social media and an additional $125.00 per hour for website-related tasks and maintenance. Opting for PreSynced Productions at a fixed monthly cost of $1055.00, without hourly charges, facilitates a more straightforward budgeting process for APD.
I ATTACHMENTS
1. Proposed services contract PreSynced Productions
2. Documentation of additional quotes for the above-referenced services ITEM 8.8 PAGE2 2/6/2024
CITY OF ANDERSON
SOCIAL MEDIA MARKETING SERVICES CONTRACT
THIS CONTRACT is made at Anderson, California, by and between the City of Anderson ("City,,), a municipal corporation, and PreSynced Production ("Contractor") for the purpose of providing social media marketing and social media training for the Anderson Police Department.
WHEREAS, City desires to engage the services of PreSynced Production ("Contractor") as an independent contractor to provide social media marketing and training for the Anderson Police Department ("APD,,); and
WHEREAS, based on Contractor's qualifications and experience, it was determined by City that Contractor offers an optimal combination of qualities that provide the City with the best value for the services required.
NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows:
SECTION 1. CONTRACTOR SERVICES
A. Contractor will provide all services set forth in its proposal, which is attached hereto as Exhibit "A." If there is any conflict between Exhibit "A" and this Agreement, this Agreement shall govern.
SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS
A. Contractor will be compensated for its services as set forth in its proposal, which is attached hereto as Exhibit "A."
SECTION 3. TERM AND TERMINATION
A. The term of the Agreement shall be month to month.
8. If Contractor fails to perform its duties to the satisfaction of City, or if Contractor fails to fulfill in a timely and professional manner its obligations under this Contract, then City shall have the right to terminate this Contract effective immediately upon City giving written notice thereof to Contractor.
C. Either Party may terminate this Contract without cause on thirty (30) calendar days' written notice.
Contractor Services Agreement Page 1
D. In the event that City gives notice of termination, Contractor shall promptly provide to City any and all finished and unfinished reports, data, studies, photographs, charts or other work product prepared by Contractor pursuant to this Contract. City shall have full ownership, including, but not limited to, intellectual property rights, and control of all such finished and unfinished reports, data, studies, photographs, charts or other work product.
E. In the event that City terminates the Contract, Contractor shall pay any amounts remaining owed under Section 2, and return any personal property items still held by Contractor that have not been sold through the auction process.
F. In no event shall the tennination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to perfonn each obligation required by this Contract.
SECTION 4 MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. Pursuant to the City's business license ordinance, Contractor shall obtain a City business license prior to commencing work.
B. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the tenn of this Contract any licenses, pennits and approvals that are legally required for Contractor to practice its profession.
D. Contractor shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, association, joint venture relationship, trust or partnership or to allow City to exercise discretion or control over the professional manner in which Contractor performs under this Contract. Any and all taxes imposed on Contractor's income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Contractor. Contractor shall be responsible for any taxes or penalties assessed by reason of any claims that Contractor is an employee of City. Contractor shall not be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit. The work being performed by Contractor is outside the usual course of the City's business and Contractor is customarily engaged in the trade, occupation and/or business of the type required in this Contract.
E. No provision of this Contract is intended to, or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto.
Contractor Services Agreement Page 2
F. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Contractor may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this Contract and Contractor shall have an affirmative duty to assure that said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Contractor shall be the responsible party with respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City shall determine to be necessary.
G. Contractor, at such times and in such form as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract.
H. Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal authorities, or any authorized representative of City.
Contractor shall retain such records for three (3) years after the expiration of this Contract, unless prior permission to destroy them is granted by City.
I. Contractor shall perfonn all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Contractor's profession. All products of whatsoever nature which Contractor delivers to City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Contractor and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract.
J. All completed reports and other data or documents, or computer media including diskettes, and other materials provided or prepared by Contractor in accordance with this Contract are the property of City, and may be used by City. City shall have all intellectual property rights including, but not limited to, copyright and patent rights, in said documents, computer media, and other materials provided by Contractor. City shall release, defend, indemnify and hold harmless Contractor from all claims, costs, expenses, damage or liability arising out of or resulting from City's use or modification of any reports, data, documents, drawings, specifications or other work product prepared by Contractor, except for use by City on those portions of the City's project for which such items were prepared.
Contractor Services Agreement Page 3
K. Contractor, including its employees, agents, and subcontractors, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Contractor shall comply with all requirements of the Political Refonn Act (Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Contractor shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Contractor's economic interest; and 2) if required by the City Attorney, Contractor shall file financial disclosure forms with the City Clerk.
SECTION 5. INSURANCE
A. Unless modified in writing by City, Contractor shall maintain the following noted insurance during the duration of the Contract:
Coverae;e Reguired Not Reguired
Commercial General Liability X
Comprehensive Vehicle Liability X
Workers' Compensation and Employers' Liability X
Professional Liability (Errors and Omissions) X
(Place an "x" in the appropriate box)
B. Coverage shall be at least as broad as:
1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance, in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage;
2. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non-owned and hired vehicles;
3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers;
Contractor Services Agreement Page4
4. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sole negligence" or any other verbiage limiting the insured's insurance responsibility.
C. Any deductibles or self-insured retentions must be declared to and approved by City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.
D. The General Liability shall contain or be endorsed to contain the following provisions:
1. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Contractor; premises owned, leased or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor.
The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers.
2. The insurance coverage of Contractor shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self ~insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Contractor's insurance and shall not contribute with it.
3. Coverage shall state that the insurance of Contractor shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice has been given to City. In addition, Contractor agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) calendar days' prior written notice has been given to City.
E. Insurance is to be placed with insurers with a current AM.Best's rating of no less than A-VII.
F. Contractor shall designate the City as a Certificate Holder of the insurance.
Contractor shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be furnished to: City Manager, City of Anderson, 1887 Howard Drive, Anderson, CA Contractor Services Agreement Page S
96007. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City prior to the commencement of contracted services. City may withhold payments to Contractor if adequate certificates of insurance and endorsements required have not been provided, or not been provided in a timely manner,
G. The requirements as to the types and limits of insurance coverage to be maintained by Contractor as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to this Contract, including, without limitation, provisions concerning indemnification.
H. If any policy ofinsurance required by this Section is a "claims made" policy, pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Contractor shall keep said insurance in effect for a period of eighteen (18) months after the termination of this Contract.
I. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Contractor shall immediately notify City no later than three (3) calendar days after the event, Contractor shall submit a written report to City containing the following information, as applicable:
1) name and address of injured or deceased person(s); 2) name and address of witnesses; 3) name and address of Contractor's insurance company; and 4) a detailed description of the damage and whether any City property was involved.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
A. Contractor, to the fullest extent permitted by law, indemnify protect, defend and hold hannless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Contractor its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City.
B. The Contractor's obligation to defend, indemnify and hold harmless shall not be excused because of the Contractor's inability to evaluate liability. The Contractor shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City.
If the Contractor fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy Contractor Services Agreement Page 6
authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Contractor accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Contractor herein.
C. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor.
D. City shall have the right to approve or disapprove the legal counsel retained by Contractor pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section.
SECTION 7. CONTRACT INTERPRETATION, VENUE AND ATTORNEY FEES A. This Contract shall be deemed to have been entered into in Anderson, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees.
B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior lo the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Contractor. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle Contractor to any additional payment whatsoever under the terms of this Contract.
C. No covenant or condition to be performed by Contractor under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Contractor of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence.
D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
Contractor Services Agreement Page 7
E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein.
F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply.
G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.
H. In the event ofa conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Contractor.
SECTION 8. SURVIVAL
The provisions set forth in Sections 4 through 7, inclusive, of this Contract shall survive termination of the Contract.
SECTION 9. COMPLIANCE WITH LAWS -NONDISCRIMINATION
A. Contractor shall comply with all applicable laws, ordinances and codes of federal, state and local governments.
B. In the performance of this Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political Contractor Services Agreement Page 8
affiliation, or membership or nonmembership in any organization. Contractor shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or nonmembership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training.
SECTION 10. REPRESENTATIVES
A. City's representative for this Contract is Chief Jon Poletski, telephone number (530) 378-6622, fax number (530) 378-6625. All of Contractor's questions pertaining to this Contract shall be referred to the above-named person, or to the representative's designee.
B. Contractor's representative for this Contract is Michael Murphy, telephone number (530) 410-9652. All of City's questions pertaining to this Contract shall be referred to the above-named person.
C. The representatives set forth herein shall have authority to give all notices required herein.
SECTION 11. NOTICES
A. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender (may be other than the representatives referred to in Section l 0) and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows:
To City: Anderson Police Department
Attn: Jon Poletski
2220 North Street
Anderson, CA 96007
530-378-6622
To Contractor:
Michael Murphy
OBA PreSynced Production
PO Box 993911
Redding, CA 96099
B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section.
C. Notice shall be deemed effective upon: I) personal service; 2) two calendar days after mailing or transmission by facsimile, whichever is earlier.
Contractor Services Agreement Page9
SECTION 13. AUTHORITY TO CONTRACT
A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract.
B. When the Mayor is signatory to this Contract, the City Manager and/or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Contractor or otherwise substantially change the scope of the services provided herein.
SECTION 14. DATE OF CONTRACT
The date of this Contract shall be the date it is signed by City.
Contractor Services Agreement Page 10
IN WITNESS WHEREOF, City and Contractor have executed this Contract on the days and year set forth below:
Dated: ____ _, 2024
ATTEST:
By: CHRISTY WHITE, City Clerk
Dated: , 2024 ----
Contractor Services Agreement
CITY OF ANDERSON,
A Municipal Corporation
By: JOEY FORSETH-DESHAIS
City Manager
APPROVED AS TO FORM:
COLLIN BOGENER
City Attorney
CONTRACTOR
By: ----,----- -----:--=--~ - Mich a el Murphy dba PreSynced Production Tax ID No.: _________ _
•
Memo
To:
From:
Date:
cc:
Chief Jon Poletski
Capt. Nathan Ramirez
January 22, 2024
Anderson Police Department
2220 North Street P.O. Box 1804
Anderson, CA 96007-1804
S30-378-6600 • 530-378-662S fax
Jon Poletski
Chief of Police
Re: Social Media/Website Maintenance Service
This memo outlines the results of the quotes I received for social media services and routine website maintenance and configuration. I contacted three local companies: PreSynced Productions, Shasta Solutions, and Sundial Design. All three companies were responsive and timely in returning their quotes.
Sundial Solutions advised that they could do the monthly website maintenance for $1 S0.00 a month, and website changes would increase the monthly cost to $ 200.00. Sundial Design told us they cannot assist with social media content or curation.
Shasta Solutions was able to quote us for both social media services and website maintenance and configuration. They do not offer a set monthly cost for website maintenance and configuration, as this is billed hourly at $12S.00. Shasta Solutions can manage and curate content for Facebook and Instagram for $500.00 a month, but the "profile optimization" would cost an additional $300-$500 per month based on the intricacy needed. It should be noted that "profile optimization" focuses on configuring social media platforms to achieve optimal engagement with your audience. Shasta Solutions has no experience managing social media platforms for a public safety agency. Shasta Solutions is geared more toward businesses leveraging social media platfonns for marketing and sales. I cannot give an ex.act cost to use Shasta Solutions due to the website maintenance being billed hourly, but an educated estimate would be two hours of website maintenance for $250.00 combined with the $1000.00 social media portion for a total monthly cost of $12S0.00.
PreSynced Productions was able to quote us for both social media services and website maintenance and configuration at a combined monthly cost of$ l 0S5 .00. This price includes all monthly website maintenance and configuration changes needed, along with content curation for both Facebook and Instagram, including 4-5 posts per month, 4-5 stories per month, and 2-3 videos per year. The owner/operator of PreSynced Productions worked for the Redding Police Department for seven years, where he was charged with running all of their social media platfonns.
After reviewing all three quotes, I recommend moving forward with PreSynced Productions for many reasons. They were the only company able to give us one set monthly price for social media services and website maintenance and configuration, which will allow us to budget for this expense properly without the variable of an hourly rate. More importantly, PreSyned Productions has valuable experience operating/managing a police department's social media accounts, which is incredibly valuable when considering the number of people our social media reaches. PreSynced Productions has also included 2-3 videos a year in their basic quote, which Shasta Solutions did not, which is an added value and tool for the department. I have attached all three quotes to this memo.
AGENDA ITEM
!February 6, 2024, City Council Meetin~
Approved for Submittal By:
To Be Presented By:
~ ( Adam Whelen, Director of Public Works
To:
Through:
From:
Date:
lsuBJECT
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Adam Whelen, Public Works Director
February 6, 2024
Final Water Rate Study 2024 Report
I RECOMMENDATION
The Public Works Director recommends that the City Council:
1. Receive a Staff Report.
2. Receive a report from the City's consultant, Lechowicz + Tseng Municipal Consultants.
3. Authorize staff to proceed with proposition 218 noticing.
I FISCAL IMPACT
Increased rate-payer revenue will fund the cost of service and maintain a reserve fund for emergencies and unforeseen circumstances.
I DISCUSSION and BACKGROUND
Since 2001, the City has proposed water rate increases of a modest nature by increasing monthly water meter charges and consumption charges by 2.8% to 3% per cycle. In 2014, this ideology shifted from 3% to 5% for 2014 and 2015 and then for 2021 through 2025. Over the last 20 years, the City has only proposed a rate increase nine times.
ITEM 8.9a PAGE1 2/6/2024
The Water Fund is a self-supported enterprise fund from user rates and charges. The rates and charges are used to fund:
• Staff costs.
• Utilities.
• Facilities such as wells, booster stations, pipes, buildings, generators, etc. • Construction projects for replacement of aging facilities and aging infrastructure. • Water treatment, regulatory compliance testing and reporting, and inspections.
Due to decades of effective decisions and the fact that the City has access to ample groundwater, the City's residents currently pay the lowest municipal water rates in the region.
The City hired Lechowicz + Tseng Municipal Consultants to perform a water rate study and make recommendations. The rate increases proposed in the study by Lechowicz + Tseng Municipal Consultants are necessary to continue providing reliable water service while keeping costs to the City's citizens at the lowest rate in the region.
Lechowicz + Tseng Municipal Consultants reported their draft findings and report to the City Council as a regular agenda item on January 2, 2024. Two comments from the public were received.
In November 1996, California voters approved Proposition 2018, the "Right to Vote on Taxes Act," which added Articles 13C and 13D to the California Constitution. Water rates/revenues must:
• Be based on the reasonable cost of services.
• Costs must be proportionally recovered based on how customers take services. • Only be used for the water utility.
The procedural requirements to raise the water rates include:
• Conducting a rate study.
• Mailing notices to property owners (A protest form will be included in the mailer). • Tally the number of protests.
• Hold a public hearing a minimum of 45 days after the notices are mailed. • Council vote. Rates cannot be adopted if more than 50% of ratepayers submit written protests.
The proposal before the council is to increase water rates by approximately 24% for 2024 and 2025, then 6% for the following three years.
• The first increase is proposed to be effective on May 1, 2024. • Future rate increases are proposed to be effective on January 1 of each year through January 1, 2028.
!ATTACHMENT
1. Water Rate Study 2024 (February 2024), Lechowicz + Tseng Municipal Consultants ITEM 8.9a PAGE2 2/6/2024
CITY OF ANDERSON
Water Rate Study Update 2024
Final Report - Draft
January 2024
LECHOWICZ + TSENG
MUNICIPAL CONSULTANTS
909 Marina Village Parkway #135
Alameda, CA 94501
(510) 545-3182
www. L Tmun iconsultants.com
TABLE OF CONTENTS
SECTION 1: INTRODUCTION AND EXECUTIVE SUMMARY ........................................................................ 3 1-~ 1 Background ... f ••••••• • ••• • • • •• ••••• •••• ►♦◄ • ..... . ....... . . ................. ........ .... . ........ ....... . ... . ...... " · . . ........ . ..... . ..... ............. 3,
1.2 Requfrements of Proposition 218 ................................................................................................. 3
1.3 Rate St udy Process ........................................................................................................................ 4
1.4 Proposed Rates and BUI tmpacts ........................................................... , ....................................... 0
1.S Water Utl lity Bill Survey ................................................................... , ............................................ 1 SECTION 2: CUR RE NT RA TES AND WATER SYSTEM OVERVIEW ............................................................... 3
2.1 Curren·t Water Rates .. ................................................ , ....................................... ~ ....................... .................. 3
2.1.1 Fixed Meter Charges ........... , .. . , ......... 4 • ···•4•• •···44• · ...... 4 • ••·4 ••· ····· '·· · •P·•·· · · ··· ················ .. ··· · ·•• r ••·•• r••··· 3
2.1.2 Consumption Charges ........................................................................................................... 3
2.2 Water System Overview ................................................................................................................ 4
2.2.1 Water Customers .................................................................................................................. 4
2.2.2 Water Consumption .............................................................................................................. 6 SECTION 3: WATER Fl NANCIAL PLAN ....................................................................................................... 7
3.1 3.2
3.2.1 3.3
Water Capital Improvement Program ................................................................................. 10 Net Water Revenues ................................................................................................................... 12
3.4 3.5
3.6 Water Fund Reserves .................................................................................................................. 13 Projected Operatl ng Expenses .................................................................................................... 13 Cash Flow Projections and Assumptions ..................................................................................... 14
3.6.1 Cash Flow ProjectiOfl with No Rate lncreases ..................................................................... 14
3.6.2 Cash Flow Projectio11 with Recommended Increases ......................................................... 16
1. Fund operating costs ................................................................................................................... 16
2. Fund capital cost:s ........................................................................................................................ 16
3. Positive net revenues (revenues cover expenses} ...................................................................... 16
4. Meet the fund batance reserve target by 2027 /28 ..................................................................... 16 SECTION 4: WATER COST ALLOCATION .................................................................................................. 20
4.1 Methodology.~··~._ .......... 4 .. ..... , .. ;. • ..... , • ••••• - ••·4 ... .... ... ....... ...... . . . ;; .... . .. ..... , . ... ......... . .... ~·· · . . ........... . . .... .. . . ...... . ...... ... 20
4.2 cost At location 44 4• t+•4• • •· 4• t • .. • • •••• .. ••t4••• · 4•• •+•4•J+44 • • .. •• .. ······ · f •••P+4•• • +4• • · ··· ··• · 4 • • · · ·······••r••· · · ···· .. · • • r .. ••······· ······ 21
4.3 Annual Revenue Requirement .................................................................................................... 21 City of Anderson Page 1
Water Rate Study 2024
SECTION 5: WATER RATE DESIGN ........................................................................................................... 23 S .. 1 Billing Units ...................... ~ .................................................................................................................................. 23
5.1.1 5.2
Meter Equlvatents ............................................................................................................... 24 Fixed Charge Rate Derivation ...................................................................................................... 25 S.3 Commodity Charge Rate Derivation ........................................................................................... 27 S.3.1 Outside City Commodity Charges ....................................................................................... 28
5.4 Five-Year Schedule of Proposed Rates ........................................................................................ 29
5.5 Water Btll Impacts ....................................................................................................................... 29 SECTION 6~ APPENDIX ........ ., ... ~· .................. , .. ~ ..... ~ ....................... ·~ .. ., ... , .. ..... , .... , ... ·~ ..... ., ....... ., ... , .. ~ ............................ ~ ...... ~ ............ 31, City of Anderson Page 2
Water Rate Study 2024
SECTION 1: INTRODUCTION AND EXECUTIVE SUMMARY
1.1 Background
The City of Anderson (City) is located in Shasta County with a population of approximately 11,300. The City provides water service to roughly 3,600 residential and commercial accounts. Over the last 20 years, the City has only proposed a rate increase nine times. Past water rate increases have been modest at
5.0% or less to cover operating cost inflation. In 2018, the City engaged Lechowicz & Tseng Municipal Consultants (L& T) to complete a water rate study that recommended 5.0% annual rate increases through 2025/26. However, ongoing increases in operating expenses have made safe drinking water more expensive and have already outpaced the rate increases recommended in the prior rate study.
In addition to significant increases in utility and regulatory costs to meet State compliance mandates, the City needs to replace substantial portions of the aging water system that often breaks down, leading to water outages. Over the next 15 years, the City is planning over $15 million in water system capital improvement projects to replace failing pipelines, renovate electrical and mechanical systems, and to rehabilitate other water infrastructure.
As an enterprise fund, the Water Fund is separate and distinct from the City's General Fund and relies entirely on rate revenues to fund its operations. Water operations are not funded by property tax or any other tax revenue. The primary objective of the Water Rate Study Update 2024 is to recommend water rates which ensure the future financial health and stability of the City's water enterprise fund, while minimizing the impact on customers. This study covers the five-year period from 2023/2024 through 2027/2028.
1.2 Requirements of Proposition 218
Proposition 218, the "Right to Vote on Taxes Act", was approved by California voters in November 1996 and is codified as Articles XIIIC and XIIID of the California Constitution. Proposition 218 establishes requirements for imposing any new or increasing any existing property-related fees and charges. For many years, there was no legal consensus on whether water service fees met the definition of "property-related fees." In Juty 2007, the California Supreme Court essentially confirmed that Proposition 218 applies to water service fees.
The City must follow the procedural requirements of Proposition 218 for all water rate increases. These requirements include:
1. Noticing Requirement - The City must mail a notice of the proposed rate increases to all affected property owners or ratepayers. The notice must specify the amount of the fee, the basis upon which it was calculated, the reason for the fee, and the date/time/location of a public rate hearing at which the proposed rates will be considered/adopted.
2. Public Hearing - The City must hold a public hearing prior to adopting the proposed rate increases. The public hearing must be held not less than 45 days after the required notices are mailed.
City of Anderson Page 3
Water Rate Study 2024
3. Rate Increases Subject to Majority Protest-At the public hearing, the proposed rate increases are subject to majority protest. If more than 50% of affected property owners or ratepayers submit written protests against the proposed rate increases, the increases cannot be adopted.
Proposition 218 also established substantive requirements that apply to water rates and charges, including:
1. Cost of Service - Revenues derived from the fee or charge cannot exceed the funds required to provide the service. In essence, fees cannot exceed the "cost of service".
2. Intended Purpose - Revenues derived from the fee or charge can only be used for the purpose for which the fee was imposed.
3. Proportional Cost Recovery-The amount of the fee or charge levied on any customer shall not exceed the proportional cost of service attributable to that customer.
4. Availability of Service- No fee or charge may be imposed for a service unless that servk e is used by, or immediately available to, the owner of the property.
S. General Government Services - No fee or charge may be imposed for general governmental services where the service is avaUable to the public at targe.
Charges for water are exempt from additional voting requtrements of Proposition 218, provided the charges do not exceed the cost of providing service and are adopted pursuant to the procedural requirements of Proposition 218.
1.3 Rate Study Process
This section details the development of the City's water rates via the Proposition 218 process as shown in the following figure.
City of Anderson Page 4
Water Rate Study 2024
Figure 1: Comprehensive Cost of Service Study Process
I
Calculate impact on customers
- - -
I Final rate recommendations
. ~ . -· - . - . -
Conduct Prop 218 notice •and hearing process - - - = - = - - ~ ~ - - - The following is a brief description of the rate study process:
• Revenue Requirement - The revenue requirement is analyzed via a financial plan developed from the Operating and Capital Budget. Based on the best information currently available, the financial plan incorporates projected operation and maintenance costs, capital expenditures, debt service, and growth to estimate annual revenue requirements. The plan serves as a roadmap for funding the City's future operating and capital programs while maintaining longterm fiscal stability. • Cost of Service Allocation - The cost of service process builds on the financial plan analysis and assigns water system costs to functional cost components: base, extra, meters and services, and customer service.
• Rate Design - Rate design involves developing a rate structure that proportionately recovers costs from customers. Final rate recommendations are designed to (a) fund the utility's shortand long-term costs of providing service; (b) proportionately allocate costs to all customers and customer classes; and (c) comply with the substantive requirements of Proposition 218.
City of Anderson PageO
Water Rate Study 2024
1.4 Proposed Rates and Bill Impacts
The findings and recommendations presented in this report are based on the best information available at the time of this study gathered from financial statements, budgets, capital improvement plans, and input from staff and City Council. The cost allocations proposed herein are based on American Water Works Association methodologies and industry standard practice. The proposed rates are based on the reasonable cost of providing service and are proportional to the benefits received by each customer.
The proposed annual water revenue adjustments for 2023/24 through 2027 /28 are as follows: 24%, 24%, 6%, 6% and 6%. These increases are needed to a) recover the full cost of service, b) maintain the current water system, c) eliminate the operating deficit, and d) retain prudent fund reserves.
As shown on Table 1, the first rate increase is proposed to go into effect May 1, 2024, with subsequent increases proposed for January 1 each year thereafter beginning in 2025 through 2028. The current rate structure is proposed to remain unchanged.
City of Anderson PageO
Water Rate Study 2024
Table 1: Proposed Monthly Water Rates
City of Anderson
Water Rate Study 2024
Adopted
Rote Effective Dote: Jan 1, 2024
FIXED CHARGES
Meter Size
5/8" and 3/4" $14.85
1" $18.63
1-1/2" $28.08
2" $39.42
3" $69.66
4" $103.68
6" $198.18
8" $311.58
COMMODITY CHARGE ($/CUBIC FOOT)
City Charge for Usage Over 1,000 CF $0.01478
Outside City Charge for Usage Over 1,000 CF $0.01523
1 Cf (cubic feet) = 7.48 gallons
1.5 Water Utility Bill Survey
2023/24
May 1, 2024
$17.59
$22.26
$33.92
$47.92
$85.26
$127.26
$243.92
$383.92
$0.01945
$0.02003
PROPOSED
2024/25 2025/26 2026/27 2027/28
Jan 1, 2025 Jan 1, 2026 Jan 1, 2027 Jan 1, 2028
$21.73 $22.93 $24.21 $25.55
$27.50 $29.02 $30.65 $32.35
$41.94 $44.26 $46.75 $49.35
$59.26 $62.54 $66.07 $69.75
$105.44 $111.28 $117.59 $124.15
$157.40 $166.12 $175.55 $185.35
$301.74 $318.46 $336.55 $355.35
$474.94 $501.26 $529.75 $SS9.35
$0.02412 $0.02556 $0.02710 $0.02873
$0.02484 $0.02633 $0.02791 $0.02959
The chart below compares the current water bill for an average single family residential customer to those of other regional agencies. The City's typical single family residential customer has a 5/8" or 3/4" meter and uses an average of 1,500 cf of water per month. The City's current bill is the lowest of all surveyed agencies and will remain on the lower end with the proposed adjustment on May 1, 2024. It is also important to note that many of the surveyed agencies are also likely facing impending rate increases.
City of Anderson Page 1
Water Rate Study 2024
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City of Redding $48.77
Mountain Gate CSO $54.79
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SECTION 2: CURRENT RATES AND WATER SYSTEM OVERVIEW
This section provides an overview of the current water rates, the City's customer base, and water usage statistics.
2.1 Current Water Rates
Table 2 summarizes current water rates as of January 1, 2024. The City bills customers for water service on a monthty basis. The City's current rate structure includes two components - (a) Fixed Meter Charges and (b) Consumption Charges.
2.1.1 Fixed Meter Charges
All customers, residential and non-residential, are charged the same fixed charges based on their meter size. The fixed charge is levied regardless of water consumption and recognizes that even when a customer does not use any water, the City incurs fixed costs associated with maintaining the ability or readiness to serve each connection.
Meter size represents the estimated demand that each customer can place on the water system. A significant portion of a water system's design, and therefore, the utility's operating and capital costs are associated with meeting capacity requirements. The City's base meter size is a 5/8" or 3/4" meter.
Larger meters are charged based on their estimated capacity represented by meter ratios recommended by the American Water Works Association (AWWA). These meter capacity ratios provide a basis for charging customers proportional to the capacity that is reserved for them in the water system.
Fixed charges should be designed to recover the City's fixed expenses and currently generate about 44% of total water rate revenues. Fixed costs can include staffing, customer service, debt service, system maintenance, and repairs.
2.1.2 Consumption Charges
Customers are charged for metered consumption over 1,000 cf of water per billing period. One cubic foot is equal to 7.48 gallons of water. The City charges a uniform volume rate for all water use above the allotted 1,000 cf. Outside City customers in Wooded Acres are charged a slightly higher volume rate to reflect the additional costs the City incurs to serve properties outside City limits.
The consumption charge is intended to recover costs that vary based on the amount of water used and currently generates roughly 56% of total water rate revenues. Variable expenses can include utilities and chemicals.
City of Anderson Page3
Water Rate Study 2024
Table 2: Current Monthly Water Rates
City of Anderson
Water Rate Study 2024
FIXED CHARGES
Meter Size
5/8" and 3/4"
l"
1-1/2"
2"
3"
4"
6"
8"
Fiscal Year
Effective Date
COMMODITY CHARGE ($/CUBIC FOOT)
City Charge for Usage Over 1,000 CF
Outside City Charge for Usage Over 1,000 CF
CF = cubic feet. 1 CF = 7.48 gallons
2.2 Water System Overview
2023/24
Jan 1, 2024
$14.85
$18.63
$28.08
$39.42
$69.66
$103.68
$198.18
$311.58
$0.01478
$0.01523
The City's water supply is provided via ten groundwater wells that draw water from the Anderson Subbasin. The City fully owns and operates its water distribution system which includes over 46 miles of piping, two storage reservoirs, as well as chlorination and pumping facilities.
2.2.1 Water Customers
Table 3 summarizes the number of water accounts and water consumption by customer class for 2022.
The City serves a primarily residential customer base, with residential customers inside the City accounting for 83.3% of all water accounts and 66.8% of total water use in 2022. The City also provides water service to about 200 customers residing outside the City limits in the Wooded Acres development.
City of Anderson Page4
Water Rate Study 2024
Table 3: Accounts & Consumption by Customer Class for 2022 City of Anderson
Water Rate Study 2024
Accounts
# %
RESIDENTIAL
Single Family 2,921 80.8%
A~artmentsLMobile Homes 88 2,4%
Total Residential 3,010 83.3%
NON-RESIDENTIAL
Commercial 301 8.3%
Churches 12 0.3%
Government 49 1.4%
Industrial 20 0.6%
Schools ~ 0.2%
Total Non-Residential 391 10.8%
WOODED ACRES 214 5.9%
TOTAL 3,615 100.0%
City of Anderson
Water Rate Study 2024
Consumption
CF %
50,795,942 52.9%
13,386,439 13.9%
64,182,381 66.8%
13,455,408 14.0%
1,908,668 2.0%
2,030,937 2.1%
901,704 0.9%
3,544,335 3.7%
21,841,052 22.7%
10,080,696 10.5%
96,104,129 100.0%