CITY COUNCIL AGENDA
March 15, 2024
SPECIAL MEETING - 3:45 P.M.
Closed Session Followine
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.
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City Council Meeting
March 15, 2024
REGULAR SESSION - 3;45 P.M.
1.0 ROLL CALL - COUNCIL:
2.0 INVOCATION - Mayor Neutze
Councilmember Baugh
Councilmember Gallagher
Councilmember Gallier
Vice-Mayor Hunt
Mayor N eutze
3.0 PLEDGE OF ALLEGIANCE - Council member Susie Baugh.
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 ATTORNEY
8.2 CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE PURCHASE AND SALES AGREEMENT AND ALL CLOSING DOCUMENTS
WITH GATEWAY COMMERCIAL GROUP, LLC FOR THE ACQUISITION OF REAL PROPERTY IDENTIFIED AS APN: 201-920-019.
RECOMMENDED ACTION:
Approve Resolution authorizing the City Manager to execute the Purchase and Sales Agreement and all closing documents with Gateway Commercial Group, LLC for the acquisition of real property identified as APN: 201-920-019.
CITY MANAGER
8.3 PROFESSIONAL SERVICES AGREEMENT WITH THE SHASTA FAMILY YMCA (YMCA) TO
PROVIDE THE SWIM PROGRAM FOR THE CITY OF ANDERSON
RECOMMENDED ACTION:
Authorize the City Manager to enter into a professional services agreement with the Shasta Family YMCA to provide the swim program from the City of Anderson for a term of one swim season in summer of 2024.
12.0 Public Comment on Closed Session Item(s): Anyone in the audience who wants to address the City Council on a subject which is listed under the Closed Session agenda is now invited to come to the podium. Please provide your name and the subject you wish to discuss. Please limit your remarks to 3 minutes or less.
City Council Meeting
March 15, 2024
The City Council will convene to Closed Session.
CLOSED SESSWN
c.s.1 PUBLIC EMPLOYMENT(§ 54957) - Title: City Manager
C.S.2 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS (§ 54956,8) - Property: APN 201-920-019 - Agency Negotiation: City Manager and City Attorney
- Negotiating Parties: Listing Agent Ken Miller
- Under Negotiation: Discussion of purchase terms
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 March 19, 2024.
AGENDA ITEM
!March 15, 2024 City Council Meeting!
d for Submittal By:
To Be Presented By:
~City Attorney
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Collin Bogener, City Attorney
Date: March 15, 2024
!SUBJECT
Consider approval of a Resolution authorizing the City Manager to execute the Purchase and Sales Agreement and all closing documents with Gateway Commercial Group, LLC for the acquisition of real property identified as APN: 201-920-019.
I RECOMMENDATION
Approve Resolution authorizing the City Manager to execute the Purchase and Sales Agreement and all closing documents with Gateway Commercial Group, LLC for the acquisition of real property identified as APN: 201-920-019.
I FISCAL IMPACT
The purchase price for the property is $750,000.00, which is the appraised value of the property. The City is also responsible for the closing costs, including title report and recoding costs.
I DISCUSSION and BACKGROUND
On January 16, 2024, the City Council approved the purchase and sale agreement with Gateway Commercial Group, LLC for the purchase of certain real property at the ITEM 8.2 PAGE1 3/15/2024
southernmost portion of Gateway Drive. That transaction remains in escrow, and the contingencies have not yet been waived by the City. The original escrow close date is March 16, with the City recently requesting a 60·day extension.
First American Title Company has indicated that it will need a resolution from the City authorizing the City Manager to sign the purchase agreement and all closing documents before it would be able to close. The City Council has essentially already voted for this item, but this action seeks to place it in resolution form acceptable to the title company.
To be clear, this is not authorizing the City Manager to close escrow. Rather, it is giving him the authority to close if there are no further concerns with respect to funding or inspections.
I ATTACHMENT
1. Proposed Resolution
ITEM 8.2 PAGE2 3/15/2024
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON AUTHORIZING THE
CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT AND ALL CLOSING
DOCUMENTS WITH GATEWAY COMMERCIAL GROUP, LLC FOR THE ACQUISITION OF REAL PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 201-920-019 WHEREAS, The City of Anderson seeks to purchase Assessor Parcel Number 201-920-019 (the "Property") which is located in the southernmost portion of Gateway Drive in the City of Anderson; and
WHEREAS, the proposed purchase of the Property is for public use intended for the future construction of the Anderson Police Department; and
WHEREAS, staff has obtained an appraisal of the Property for $750,000, which amount has been agreed to by Gateway Commercial Group, LLC, through its principal, Shishir A. Dhruva, M.D., by execution of the Purchase and Sale Agreement, which was approved by the Anderson City Council on January 16, 2024; and
WHEREAS, the proposed purchase of the Property has been found to be in conformity with the adopted General Plan by the Planning Commission at its February 26, 2024 meeting, pursuant to California Government Code Section 65402; and
WHEREAS, funding for the purchase of the Property is from the General Fund; and WHEREAS, staff recommends that the City Council authorize the City Manager to sign the purchase agreement and any closing documents associated with the Property; and WHEREAS, the proposed acquisition is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), (3) and 15378(a) of the CEQA Guidelines because the proposed acquisition does not constitute the approval of a project under CEQA and, therefore, environmental review under CEQA is not required at this time.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anderson finds that the purchase of the Property as proposed is for the common public benefit and is consistent with the General Plan, and hereby authorizes the City Manager to execute a Purchase and Sale Agreement and all closing documents for the City's purchase of the property identified as Assessor Parcel Numbers 201-920-019, all subject to approval as to form by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Anderson this 15th day of March 2024.
Stan Neutze, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
!March 15, 2024 City Council Meeting!
d for Submittal By:
Joey
sented By:
To: Honorable Mayor and Members of the Anderson City Council From:
Date:
!SUBJECT
Joey Forseth-Deshais, City Manager
March 15, 2024
Professional Services Agreement with the Shasta Family YMCA (YMCA) to provide the swim program for the City of Anderson.
I RECOMMENDATION
Authorize the City Manager to enter into a professional services agreement with the Shasta Family YMCA to provide the swim program from the City of Anderson for a term of one swim season in summer of 2024.
I FISCAL IMPACT
The fiscal impact of this contract would be $44,000 + 30% of program registration fees, which has been approximately $3500 for the season.
I DISCUSSION and BACKGROUND
Swimming lessons are a vital component of promoting water safety and enhancing the overall well-being of our community members, especially children. As a city committed to the welfare of its residents, it is important to ensure high-quality swim instruction for all ages and skill levels.
ITEM 8.3 PAGE1 3/15/2024
The City of Anderson's Parks and Recreation Department has partnered with Shasta Family YMCA since 2019 to provide swimming lessons and supervision of Open Swim hours to our community. They are able to offer a wide range of swim lesson programs tailored to different age groups, skill levels and interests.
By partnering with Shasta Family YMCA, we benefit from their expertise and enhance the effectiveness of our swim lesson programs, ultimately contributing to the well-being and safety of our residents.
Staffs recommendation is to continue this successful collaboration with Shasta Family YMCA to provide this very important and popular program.
I ATTACHMENT
1. Proposed Professional Services Agreement
ITEM 8.3 PAGE2 3/15/2024
AGREEMENT
FOR YOUTH DEVELOPMENT
FOR HEALTHY LIVING
FOR SOCIAL RESPONSIBILITY
BETWEEN THE CITY OF ANDERSON AND THE SHASTA FAMILY YMCA
FOR COLLABORATIVE SWIMMING PROGRAM
THIS AGREEMENT is dated January 25. 2024 and made between the CITY OF ANDERSON ("City") and the Shasta Family YMCA ("YMCA") for a collaborative swimming program ("Agreement"). This Agreement is made in reference to the following facts:
RECITALS:
(a) The City Parks and Recreation Department provides quality recreational activities to the residents of the City, including in the area of aquatics and swimming; and (b) City wishes to collaborate with YMCA to provide services such as hiring, staffing, training, and providing the programs for the City swimming program; and (c) YMCA is agreeable to rendering such services on the terms as hereinafter set forth.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Incorporation. The above recitals are hereby incorporated into this Agreement.
2. Scope of Services.
A. Commencement of Services
B.
Services under this Agreement shall commence at the time of execution of this Agreement.
Staffing Obligations.
(1) YMCA shall recruit qualified lifeguards and swim instructors and put all candidates through a rigorous hiring process that includes swim tests, background checks, and fingerprinting.
(2) YMCA shall have all of the lifeguards and swim instructors on staff for all City swim programs and will assume all responsibility for payroll processing and Workers Compensation Insurance.
SHASTA FAMILY YMCA• 1155 N. COURT ST, REDDING CA 96001
P 530 246 9622 • F 246 9645 • WWW.SFVMCA.ORG
2 1Page
(3) YMCA shall ensure that all staff have the training they will need to succeed in working with kids, and the public. This includes, but is not limited to, providing staff with training opportunities through Y USA, C. Facilities.
and in-person training sessions.
YMCA will also establish good accounting procedures for on-site cash handling, and train staff in basic cash handling.
The programs will be held at the Anderson High School pools. The Anderson High School has two small pools and one large pool with two one- meter spring boards and one three-meter spring board. Anderson High School will maintain the pools.
If any of the pools are in a condition in which the programs cannot go forward, YMCA will immediately notify City.
D. Programming.
YMCA shall operate safe and quality programming based on the Y USA National Curriculum and in accordance with the Y USA Aquatic Safety Standards. The program will include safety and character topics like sun safety and calling 911.
The skills will be taught in a way that promotes achievement, and the skills are focused on building skills and comfort in the water. There are two main sequences in the Swim Basics classes: jump- push-turn-grab (for getting to safety when close to a wall), and swim-float- swim (for getting to safety when further from a wall).The Swim Strokes classes will introduce the four competitive strokes and two resting strokes while focusing on achievement and fun. The lessons will include Swim Starters (Parent and Child Lessons), Swim Basics (beginning swimming skills), and opportunities for more advanced swimmers.
The program would begin on June 10, 2024 and conclude on August 1, 2024.
Due to restrictions. these dates are flexible. and are subject to change, but the program will happen within this window.
E. Scheduling The schedule for the program will be as follows:
Time
12:30pm
-1:00 pm
1:15pm
-
1:45 pm
2:00 pm
-
3:45 pm
4:00 pm
-
4:30 pm
4:45 pm
-
S: 15 pm
5:30 pm
-
6:00 pm
3 I Pa ge
A&B 1 2 3 4 5/6 D/A
Parent & Water Water Water Stroke Stroke Diverse
Child Acclimation Movement Stamina Introduction School Abilities Offered Offered Offered
Offered Offered Offered
Open Swim
Offered
Offered
Offered Offered Offered
Offered Offered Offered Offered
Offered Offered Offered
Swim Lesson Session Dates - 2 Week Sessions
Session 1
Session 2
Session 3
Session 4
June 10 - 20
June 24 - 5
(Closed 7/4 makeups Friday 7/5)
July 8 - July 25
July 29 - August 1
Make Ups for weather & Holidays will be held on Fridays.
Training Session and set up the weekend of June 8, 2024.
PVT
Private
Lessons
Offered
Offered
Offered
Dffered
Offered
F. Marketing and Branding. YMCA shall use its best efforts to help market the City swim programs, which will include, but not be limited to, marketing in the Parent Magazine, press releases, and social media. YMCA will provide City with graphics to use in its recreation guide regarding the pool schedule and registration.
G. Safety. YMCA will provide participants with swimming lessons and a place of recreation that is safe. YMCA will follow insurance best practices, and the Aquatic Safety Standards from Y USA. YMCA will ensure that staff are trained, tested and have the supplies they need to succeed in creating a safe space for recreation.
H. Timeline of Services. YMCA shall follow the timetine below in providing the services to City outlined in this Agreement.
April 1 - June 1 Recruitment, set up, training
June 12 - August 4 Eight lweek swimming lesson sessions August 5 - August 7 Clean up and take down
Employment Status. All persons employed in the performance of the services and functions under this agreement shall be YMCA employees, not City employees, and no City employee as such shall be taken over by said YMCA, and no person employed hereunder shall have any City pension, civil service or any status or right. YMCA shall have control over the means, methods, techniques, sequences, procedures, and results for performing and coordinating the services required by this Agreement. All terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging or any other terms of employment shall be determined by YMCA, and City shall have no right or authority or responsibility over YMCA's employees or the terms of their employment with YMCA. City shall not be called upon to assume any liability for the direct Payment of any salaries, wages or other compensation to any YMCA employee performing services hereunder.
3. Compensation.
41 Page
A. Compensation for Set Up and Management Services. City will pay YMCA $47,000 for the services set forth in this Agreement. The YMCA will bill this amount in 3 monthly installments after the signed agreement.
B. Proceeds of Swim Lessons and Open Swim. The proceeds of the Swim Lessons and Open Swim will be split 70% to the City and 30% to the YMCA.
4. Invoicing and Accounting.YMCA shall invoice the City for the amounts owed, which shall be paid by the City within 30 days of receipt of the invoice.
A. Cooperation. To facilitate the performance of said functions, it is hereby agreed that YMCA shall have full cooperation and assistance from City, its officers, agents and employees.
B. Term. This Agreement shall become effective upon signature and shall remain in effect until September 30, 2024, unless terminated due to the conditions set forth herein.
C. Termination. Either party may terminate this Agreement only as a result of a material breach of the other party.
D. Subcontracts/Assignment. The Parties shall not assign or subcontract this Agreement without the written consent of the other party.
E. Independent Contractor/Methods of Performance. YMCA shall, during the entire term of this Agreement, be construed to be an independent contractor and nothing in this contract is intended nor shall be construed to create an employer-employee relationship, a joint venture relationship, or to allow City to exercise discretion or control over the professional manner in which YMCA performs the services which are the subject matter of this contract.
F. Mutually Agreed Indemnification. Each party to this agreement shall indemnify, defend, protect, hold harmless, and release the other, its officers, agents, and employees, against all claims, suits, actions, costs, expenses (including but not limited to reasonable attorney's fees, expert fees, litigation costs, and investigation costs), damages, judgements, or decrees by reason of any person's or persons' bodily6 injury, including death, or property (including property of the YMCA or the City) being damaged by negligent acts, willful acts, or errors or missions of the other party or any person employed by or under the other party in any capacity, during the provision of services provided for herein, except when the injury or loss is caused by the sole negligence or intentional wrongdoing of the other."
5. Insurance. YMCA shall procure and maintain, at all times, in full force and effect, a policy or policies of insurance as specified herein, naming the City as an Additional insured and covering all public risks related to the services set forth in this Agreement. The insurance coverage for the Premises shall be no less than $1 million ($1,000,000.00) dollars. YMCA shall provide City with a copy of the certificate naming City as an additional insured at the time of execution of this Agreement and shall promptly provide City with a copy of any renewal of the certificate.
SI Pag e
6I Page
6. Authority. Each party executing this Agreement and each person executing this Agreement in any representative capacity, hereby fully and completely warrants to all other parties that he or she has full and complete authority to bind the person or entity on whose behalf the signing party is purporting to act.
7. Compliance with Laws. All services to be performed pursuant to this Agreement shall be performed in accordance with all applicable federal, state, county, district,and municipal laws, ordinances, regulations, and rules.
8. Entire Agreement/Modification. This Agreement constitutes the entire agreement between the parties concerning the subject matter thereof and supersedes all prior agreements, representations, and understandings of the parties, either oral or written. This Agreement shall not be amended, except in a writing that is executed by authorized representatives of both parties.
Any notice required to be given pursuant to the terms and conditions of this Agreement shall be in writing and shall be sent first-class mail to the following addresses:
City: Joey Forseth-Deshais
City Manager
City of Anderson
1887 Howard Street
Anderson, California 96007
YMCA: Kristen Lyons
Chief Executive Officer
Shasta Family YMCA
1155N. Court Street
Redding, CA 96001
9. Governing Law and Venue. This agreement shall be deemed to be made in, and shall be governed by and construed in accordance with the laws of the State of California (excepting any conflict of laws provisions which would serve to defeat application of California substantive law). Venue for any action arising from this agreement shall be in Shasta County, California.
10. Attorney's Fees and Costs. In the event that legal action arises out of the terms or conditions contained in this Agreement, the prevailing party therein shall be entitled to a reasonable award of attorney fees and costs.
IN WITNESS WHEREOF, YMCA and City have executed this agreement on the day and year set forth below.
Date:
Date:
City of Anderson
By:
YMCA
By:
Joey Forseth-Deshais
City Manager
Kristen Lyons
CEO, Shasta Family YMCA