Agenda — Anderson City Council, September 17, 2024

CITY COUNCIL AGENDA

CLOSED SESSION FOLLOWING
September 17, 2024
REGULAR SESSION - 6:00 P.M.

ANDERSON CITY HALL
1887 Howard Street

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

If the subject is nQ1 on tonight's Agenda, please complete an A~enda 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.c;j.an derson,ca,ys 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
September 17, 2024
Page2

1.0 ROLL CALL - COUNCIL:

REGULAR SESSION - 6:QQ P,M,
Councilmember Baugh
Councilmember Gallagher
Councilmember Gallier
Vice-Mayor Hunt
Mayor Neutze

2.0 INVOCATION - Dr. Ron Yabut, Anderson Seventh Day Adventist Church, will give the invocation.

3.0 PLEDGE OF ALLEGIANCE - Councilmember Susie Baugh.

4.0 STUDENT REPORTS - A representative from the teen center will give an update on current activities.

4.3 PRESENTATIONS - Cascade Union Elementary School District Superintendent Jason Provence will give a presentation on Measure I.

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 September 3, 2024.

6.2 WARRANTS- Receive and file warrant 32818 to 32870 in the amount of $187,795.52; Receive and file ACH in the amount of $56,051.06; Receive and file warrant 32871 to 32923 in the amount of $84,867.16.

6.3 CITY ATTORNEY - Approve the First Amendment to the Employment Agreement for City Manager Joey Forseth-Deshais.

6.5 CITY MANAGER - Letter of opposition towards Assembly Bill 3093 (Ward)

6.6 FINANCE DIRECTOR -Adopt a Resolution Amending the 2023-2024 Adopted Budget.

City Council Meeting
September 17, 2024
Page3

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.

ALL NOTICES WERE GIVEN ACCORDING TO LAW

PUBLIC HEARINGS

7.0 AMENDMENT TO CHAPTER 17.60 - USES PERMITTED WITH A RESIDENCE OR IN

RESIDENTIAL DISTRICTS TO COMPLY WITH STATE OF CALIFORNIA'S GOVERNMENT CODE SECTION 66314
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 approve an Ordinance (first reading) amending Chapters 17.60 of the Anderson Municipal Code regarding uses permitted with a residence or in a Residential District update and set for adoption (second reading) on October 1, 2024.

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 MANAGER

8.3a CONSIDER APPROVAL OF RESOLUTION DECLARING ANDERSON AS A "PARENT RIGHT TO KNOW" CITY
RECOMMENDED ACTION:

1. Receive a Staff Report

2. Approve the Resolution Declaring Anderson as a "Parent Right to Know" City.

City Council Meeting
September 17, 2024
Page4

8.3b ROAD CLOSURES ASSOCIATED WITH THE FALL MARKET ONE. CENTER STREET RECOMMENDED ACTION:

Consider the approval of this one-day city road closure linked to the Fall Market activities.

PUBLIC WORKS

8.9a PROFESSIONAL SERVICES AGREEMENT WITH PACE ENGINEERING FOR THE 2024

ARC FLASH STUDY
RECOMMENDED ACTION:

Authorize the City Manager to execute a Professional Service Agreement with PACE Engineering for the 2024 Arc Flash Study.

8.9b PROFESSIONAL SERVICES AGREEMENT WITH PACE ENGINEERING FOR THE 2024

MASTER WATER PLAN
RECOMMENDED ACTION:

Authorize the City Manager to execute a Professional Service Agreement with PACE Engineering for the 2024 Master Water Plan.

8.9c MCMURRY DRIVE REHABILITATION PROJECT-AUTHORIZATION TO AWARD RECOMMENDED ACTION:

1. Award the McMurry Drive Rehabilitation Project contract to J.F. Shea Construction, Inc. for $777,747.00.

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 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
September 17, 2024

Page 5 ends

The City Council will convene to Closed Session.

CLOSED SESSION
C.S.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to§ 54956.9(c): (One case) C.S.2 PUBLIC EMPLOYEE PERFORMANCE EVALUTION
(Gov't. Code Section 54957)
Title: City Manager
The City Council will reconvene to O,:,en 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 October 1. 2024.

ANDERSON CITY COUNCIL MINUTES
Regular Meeting
September 3, 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 Greg Baarts, Finance Director Cindy Wheeler and City Clerk Christy White.

INVOCATION
Dr. Ron Yabut, Anderson Seventh Day Adventist Church, gave the invocation.

PLEDGE OF ALLEGIANCE
Councilmember Dan Gallier led the Pledge of Allegiance.

PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Butch Schaefer thanked Council and the City for their participation in the Nascar race and hauler parade.

Tessa Borquez gave Council a Film Commission update.

Steven J Peloza spoke to Council regarding a homeless cat camp in Anderson River Park.

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

Approved the minutes of the September 3, 2024 regular meeting.

ITEM hl 9/17/2024
City Council Meeting
September 17, 2023

Page 2 of 3 ends

Received and filed warrant 32731 to 32771 in the amount of $111,584.51; Received and filed ACH in the amount of $56,305.77; Received and filed warrant 32772 to 32817 in the amount of $248,661.99.

Enacted Ordinance No. 861 (second reading) amending 17.67.050 of the Anderson Municipal Code regulating retail delivery of medical marijuana within all zones in the city, as introduced on August 20, 2024 (first reading).

Approved a thank you letter for the Shasta 150 Race Series.

AYES:

NOES:

ABSTAIN:

ABSENT:

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

None.

REGULAR AGENDA

CITY MANAGER

OFFICIAL VOTING DELEGATE TO LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE FOR 2024
City Manager Joey Forseth-Deshais gave a staff report asking Council to choose a voting delegate and alternate for the Annual League of California Conference.

By motion made, seconded (Gallier/Baugh) and carried by a 5-0 vote Council voted to authorize Vice Mayor Hunt as the Voting Delegate and Mayor Neutze as the alternate.

AYES:

NOES:

ABSTAIN:

ABSENT:

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

None.

FINANCE DIRECTOR
2022-2023 ANNUAL COMPREHENSIVE FINANCIAL REPORT
Finance Director Cindy Wheeler gave a staff report and invited Francis Kuo of the Pun Group to give a presentation.

By motion made, seconded (Hunt/Baugh) and carried by a 5-0 vote Council voted to receive and file the annual financial report.

AYES:

NOES:

ABSTAIN:

ABSENT:

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

None.

City Council Meeting
September 17, 2023

Page 3 of 3 ends

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

ADJOURNMENT
7:01p.m.: The City Council adjourned to September 1 Z 2024, Stan Neutze, Mayor
ATTEST:

Christy White, City Clerk
AGENDA ITEM ·
I Sept 17. 2024. City Council Meeting
, City Manager
To:

Through:

Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Finance Director /Treasurer
Date: September 17th, 2024

I SUBJECT
Receive and File Weekly Warrant Registers.

I RECOMMENDATION
Receive and file warrant 32818 to 32870 in the amount of $187,795.52; Receive and file ACH in the amount of $56,051.06; Receive and file warrant 32871 to 32923 in the amount of $84,867.16.

I ATTACHMENT
Warrant Registers.

ITEM 6.2 PAGE1 9/17/2024

CHECK REGISTER

VENDOR NAME CHECK CHECK CHECK

DESCRIPTION DATE NUMBER AMOUNT
000132 ADAMS VIDEO PRODUCTIONS
PROFESSIONAL SERVICES 8/30/2024 32818 $1,023.75
000243 ALL CAR & TRUCK TOWING, LLC
PROFESSIONAL SERVICES 8/30/2024 32819 $85.00
000462 ANDERSON WALKIN MEDICAL CLINIC
PROFESSIONAL SERVICES 8/30/2024 32820 $150.00
000493 ANTHEM BLUE CROSS LIFE AND HEA
HEALTH INS. PREMIUM-HUNT 8/30/2024 32821 $1,625.00
000609 AT&T
PHONE CHARGES 8/30/2024 32822 $95.67
000615 AT& T CALNET
PHONE CHARGES 8/30/2024 32823 $120.40
010004 AWP SAFETY
SUPPLIES 8/30/2024 32824 $940.42
012209 ASHLEY BARNEY
KEY DEPOSIT REFUND 8/30/2024 32825 $10.00
012213 DAWN CHRISTENSEN
CLEANING DEPOSIT REFUND 8/30/2024 32826 $350.00
002142 CINTAS FIRST AID & SAFETY
SUPPLIES 8/30/2024 32827 $128.98
012210 CYRANTECH
SUPPLIES 8/30/2024 32828 $2,683.84
002796 DAVID TAUSSIG & ASSOC., INC.

PROFESSIONAL SERVICES 8/30/2024 32829 $2,564.80
002973 DEPT OF JUSTICE
FINGERPRINT APPLICATION 8/30/2024 32830 $32.00
PAGE 1

VENDOR NAME CHECK CHECK CHECK

DESCRIPTION DATE NUMBER AMOUNT
003031 DIESEL EMISSIONS SERVICE
PROFESSIONAL SVCS & PARTS 8/30/2024 32831 $13,654.83
003312 THE ED JONES CO.,INC
SUPPLIES 8/30/2024 32832 $278.18
003423 ENERPOWER
UTILITIES 8/30/2024 32833 $10,880.00
VOID CHECK 8/30/2024 32834
003534 EWING
SUPPLIES 8/30/2024 32835 $418.30
003590 FASTENERS INC.

SUPPLIES 8/30/2024 32836 $1,222.62
003618 FERGUSON WATERWORKS #1423
SUPPLIES 8/30/2024 32837 $11,571.78
003700 MEREDITH FISHER
KEY DEPOSIT REFUND 8/30/2024 32838 $10.00
012207 APRIL FLATTO
CLEANING DEPOSIT REFUND 8/30/2024 32839 $350.00
004205 GOODYEAR COMMERCIAL TIRE
PROFESSIONAL SVCS & PARTS 8/30/2024 32840 $1,599.38
004592 HAVEN HUMANE SOCIETY
ANIMAL REGULATION SERVICES 8/30/2024 32841 $163.73
012214 KRAIG HEMINGER
BUILDING PERMIT REFUND 8/30/2024 32842 $20.66
005169 J & T CONSULTING, INC.

PROFESSIONAL SERVICES 8/30/2024 32843 $1,930.00
005172 J.F. SHEA CONSTRUCTION, INC.

MATERIALS 8/30/2024 32844 $1,056.84
PAGE2

VENDOR NAME CHECK CHECK CHECK

DESCRIPTION DATE NUMBER AMOUNT
005445 K & S STAFFING SOLUTIONS, INC.

PROFESSIONAL SERVICES 8/30/2024 32845 $322.40
005889 LAUNDRY WORLD
PROFESSIONAL SERVICES 8/30/2024 32846 $4,273.97
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 8/30/2024 32847 $257.40
012206 BRITTNEY MILLER
PARK RENTAL REFUND 8/30/2024 32848 $100.00
012205 LISA MORENO
CLEANING DEPOSIT REFUND 8/30/2024 32849 $350.00
007134 N.C.G.T. TRUST FUND
HEALTH INSURANCE PREMIUM 8/30/2024 32850 $108,702.00
007348 NORMAC
SUPPLIES 8/30/2024 32851 $163.61
007443 NUTRIEN AG SOLUTIONS
SUPPLIES 8/30/2024 32852 $1,190.48
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 8/30/2024 32853 $522.44
007618 PACE SUPPLY CORP.

SUPPLIES 8/30/2024 32854 $1,999.23
007669 PAPE MACHINERY
PROFESSIONAL SVCS & PARTS 8/30/2024 32855 $806.38
007879 PH&S PRODUCTS, LLC
SUPPLIES 8/30/2024 32856 $3,320.00
011795 PLATINUM HOME & AUTO GLASS
PROFESSIONAL SVCS & PARTS 8/30/2024 32857 $313.00
012215 PREMIER SOLAR
BUILDING PERMIT FEE REFUND 8/30/2024 32858 $120.50
PAGE3

VENDOR NAME CHECK CHECK CHECK

DESCRIPTION DATE NUMBER AMOUNT
012211 JESSE RODEN
CLEANING DEPOSIT REFUND 8/30/2024 32859 $350.00
009256 SCP DISTRIBUTORS, LLC
SUPPLIES 8/30/2024 32860 $1,766.46
012212 CAITLYN SHORT
RENTAL FEE REUND 8/30/2024 32861 $47.50
012208 TERESA SKINNER
FACILITY RENTAL REFUND 8/30/2024 32862 $395.00
009707 SLAKEY BROTHERS, INC
SUPPLIES 8/30/2024 32863 $1,173.03
010075 STIMPEL WIEBELHAUS ASSOCIATES,
MATERIALS 8/30/2024 32864 $2,348.03
010212 SW MAINTENANCE CORP.

PROFESSIONAL SERVICES 8/30/2024 32865 $375.00
010255 T ANDS DVBE, INC
SUPPLIES 8/30/2024 32866 $2,569.63
010360 TEXAS LIFE INSURANCE COMPANY
INSURANCE PREMIUM-AUG 24 8/30/2024 32867 $820.38
012204 SANDRA THOMAS
KEY DEPOSIT REFUND 8/30/2024 32868 $10.00
010732 UPS
SHIPPING CHARGES 8/30/2024 32869 $32.90
010873 VERITONE
CONTRACT APPLICATION: 25 USERS 8/30/2024 32870 $2,500.00 8/20/24 ACH PERS $56,051.06
FOR PAYROLL ENDING 8/16/24
$187,795.52
~ ·· ~ '1
PAGE4 ""'O Signature Date

CHECK REGISTER

VENDOR NAME CHECK CHECK CHECK

DESCRIPTION DATE MUMBER AMOUNT
012192 ALHAMBRA
DRINKING WATER 9/6/2024 32871 $202.16
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 PE 8/30/24 9/6/2024 32872 $399.98
000349 AMERICAN TOWER CORPORATION
MONTHLY TOWER RENT 9/6/2024 32873 $975.00
000457 ANDERSON UNION HIGH SCHOOL
POOL SUPPLIES 2024 9/6/2024 32874 $3,645.51
000585 ASBURY ENVIRONMENTAL SERVICES
PROFESSIONAL SERVICES 9/6/2024 32875 $102.00
000945 BEACON FIRE ALARM & SECURITY,
PROFESSIONAL SERVICES 9/6/2024 32876 $110.00
001086 BEST BEST & KRIEGER
PROFESSIONAL SERVICES 9/6/2024 32877 $16,473.72
001224 STEPHEN BLUNK
CELL PHONE REIMBURSEMENT 9/6/2024 32878 $75.00
001536 BULLERT INDUSTRIAL ELEC, INC.

PROFESSIONAL SERVICES 9/6/2024 32879 $980.00
011927 CALIFORNIA STATE LANDS COMMISS
WASTEWATER OUTFALL LEASE 9/6/2024 32880 $46.74
001754 CALIFORNIA VISION SERVICE
INSURANCE PREMIUM 9/6/2024 32881 $119.50
002165 CITY OF REDDING
2024 STORM DRAIN SERV. CHARGE 9/6/2024 32882 $13.73
012221 DABELLA
REIMBURSEMENT- BLDG PERMIT 9/6/2024 32883 $177.66
PAGE 1

VENDOR NAME CHECK CHECK CHECK

DESCRIPTION DATE MUMBER AMOUNT
002974 DEPT OF PESTICIDE REGULATION
CERTIFICATION RENEWAL-COATES 9/6/2024 32884 $140.00
003590 FASTENERS INC.

SUPPLIES 9/6/2024 32885 $591.53
003618 FERGUSON WATERWORKS #1423
SUPPLIES 9/6/2024 32886 $1,462.35
011976 JOEY FORSETH-DESHAIS
CELL PHONE REIMBURSEMENT 9/6/2024 32887 $75.00
011883 ADAM FROEBER
CELL PHONE REIMBURSEMENT 9/6/2024 32888 $75.00
004096 GILES LOCK & SECURITY SYSTEMS,
SUPPLIES 9/6/2024 32889 $305.92
004351 GUITONS POOL CENTER
SUPPLIES 9/6/2024 32890 $328.19
004592 HAVEN HUMANE SOCIETY
ANIMAL REGULATION SERVICES 9/6/2024 32891 $9,068.60
004823 HINDERLITER DE LLAMAS & ASSOC
SALES TAX SVCS/AUDIT/TRANS TAX JUL-SEPT 2024 9/6/2024 32892 $4,699.71 005076 IBM CORPORATION
PROFESSIONAL SERVICES 9/6/2024 32893 $99.00
005111 INLAND BUSINESS MACHINES, INC
MONTHLY LEASE 9/6/2024 32894 $271.53
005401 NICHOLAS JONES
CELL PHONE REIMBURSEMENT 9/6/2024 32895 $75.00
005445 K & S STAFFING SOLUTIONS, INC.

PROFESSIONAL SERVICES 9/6/2024 32896 $297.60
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 9/6/2024 32897 $544.79
PAGE2

VENDOR NAME CHECK CHECK CHECK

DESCRIPTION DATE MUMBER AMOUNT
006643 MCMASTER-CARR SUPPLY CO.

SUPPLIES 9/6/2024 32898 $252.61
006723 DARREN MENDOZA
PER DIEM-TRAINING 9/6/2024 32899 $762.00
011792 MISSIONSQUARE-302204
PLAN# 302204 PIE 8/30/24 9/6/2024 32900 $4,310.00
007118 MUTUAL OF OMAHA
INSURANCE PREMIUM-SEPT 24 9/6/2024 32901 $1,220.78
007348 NORMAC
SUPPLIES 9/6/2024 32902 $733.64
007394 NORTHERN CALIF. GLOVES
SUPPLIES 9/6/2024 32903 $153.08
007477 OBSIDIAN IT
PROFESSIONAL SERVICES 9/6/2024 32904 $4,881.97
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 9/6/2024 32905 $166.01
007618 PACE SUPPLY CORP.

SUPPLIES 9/6/2024 32906 $25,385.47
007750 PAYLESS BUILDING SUPPLY
MATERIALS 9/6/2024 32907 $202.52
007967 PLATT
SUPPLIES 9/6/2024 32908 $229.34
012219 SHAWNA REYNOLDS
RECREATION REFUND 9/6/2024 32909 $50.00
009256 SCP DISTRIBUTORS, LLC
SUPPLES 9/6/2024 32910 $105.48
010075 STIMPEL WIEBELHAUS ASSOCIATES,
MATERIALS 9/6/2024 32911 $1,234.18
PAGE3

VENDOR NAME CHECK CHECK CHECK

DESCRIPTION DATE MUMBER AMOUNT
010134 STROUP'S POWER EQUIP INC
SUPPLIES 9/6/2024 32912 $35.36
010518 TOMASINI BLACKSMITHING & WELDJ
SUPPLIES 9/6/2024 32913 $282.63
010696 UNDERGROUND SERVICE ALERT OF N
2024-2025 CA STATE REG FEES 9/6/2024 32914 $392.47
010732 UPS
SHIPPING CHARGES 9/6/2024 32915 $172.35
010749 US BANK VOYAGER FLEET SYSTEMS
FUEL CHARGES 9/6/2024 32916 $959.41
010918 VIRTUAL PROJECT MANAGER
PROFESSIONAL SERVICES 9/6/2024 32917 $1,250.00
011245 CINDY WHEELER
CELL PHONE REIMBURSEMENT 9/6/2024 32918 $75.00
011858 ADAM WHELEN
CELL PHONE REIMBURSEMENT 9/6/2024 32919 $75.00
011260 CHRISTY WHITE
REIMBURSEMENT 9/6/2024 32920 $82.64
011260 CHRISTY WHITE
CELL PHONE REIMBURSEMENT 9/6/2024 32921 $75.00
011305 PETER WICKENHEISER
CELL PHONE REIMBURSEMENT 9/6/2024 32922 $75.00
011997 BRUCE YARNELL
CLEANING DEPOSIT REFUND 9/6/2024 32923 $350.00
$84,867.16
PAGE4

AGENDA ITEM
~eptember 17, 2024, City Council Meetind
for Submittal By:
•Deshais, City Manager
To: Honorable Mayor and Members he Anderson City Council Through:

From:

Date:

I SUBJECT
Joey Forseth·Deshais, City Manager
Collin Bogener, City Attorney
September 17, 2024
Approve First Amendment to Employment Agreement for City Manager Joey Forseth Deshais

I RECOMMENDATION
Approve the First Amendment to the Employment Agreement for City Manager Joey Forseth· Deshais

I FISCAL IMPACT
This amendment will save the City $12,834, which may be deferred to 2025 depending on the fiscal status of the City.

I DISCUSSION and BACKGROUND
On or around January 1, 2024, the City Council approved an employment agreement for Joey Forseth· Deshais to act as City Manager for the City of Anderson. Section 4 of that employment agreement set forth the compensation to be received by Forseth·Deshais during his first year of employment, which included three (3) automatic pay increases following quarterly performance evaluations, with the final increase to occur at the 9·month mark of the employment.

ITEM 6.3 PAGE1 9/17/2024
Mr. Forseth•Deshais and the City seek to amend the employment agreement to defer the 9•month increase in effort to ensure fiscal responsibility for the City, and to reconsider the City Manager compensation in 2025.

I ATTACHMENT
First Amendment to Employment Agreement for City Manager Joey Forseth·Deshais ITEM 6.3 PAGE2 9/17/2024

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
This First Amendment to Employment Agreement ("First Amendment"), is made and entered into on September 17, 2024, by and between the City of Anderson (the "City"), and Joey ForsethDeshais ("Forseth-Deshais").

RECITALS
WHEREAS, on or around January 1, 2024, the City Council approved an employment agreement for Joey Forseth- Deshais to act as City Manager for the City of Anderson; and WHEREAS, Section 4 of that employment agreement set forth the compensation to be received by Forseth-Deshais during his first year of employment, which included three (3) automatic pay increases following quarterly performance evaluations, with the final increase to occur at the 9-month mark of the employment; and
WHEREAS, Forseth-Deshais and the City seek to amend the employment agreement to defer the 9-month increase in effort to ensure fiscal responsibility for the City, and to reconsider the City Manager compensation in 2025.

AGREEMENT
NOW, THEREFORE, in consideration of the recitals contained herein, the Parties mutually agree to amend the Original Agreement to state the following:

Section 4: Compensation

4.1 Salary: Forseth-Deshais's salary shall be $219,877.00 gross per year, which is equivalent to $18,323.08 gross per month, subject to all appropriate deductions and withholdings and payable in bi-weekly installments at the same time and by the same methods as other City employees are regularly paid. Following quarterly performance evaluations set forth in Section 5.1, upon approval of the City Council, Forseth-Deshais will be increased a step level on the City Manager Salary Schedule, which is set forth as follows:

Step 4- $219,877.00 Date of Hire
Step 5- $231,462.00 Following 3-month evaluation.

Step 6- $243,651 .00 Following 6-month evaluation.

Step 7- $256,485.00 In the City Council's discretion after January I, 2025.

All of the terms and conditions not specifically modified or amended by this First Amendment shall remain in full force and effect.

IN WITNESS WHEREOF, the City Council of the City of Anderson has caused this agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Council Clerk, and Forseth-Deshais has signed and executed this Agreement, both in duplicate, the day and year first above written.

Stan Neutze,
Mayor
ATTEST:

Christy White,
City Clerk
2 Joey Forseth-Deshais,
Employee
APPROVED AS TO FORM:

Collin Bogener,
City Attorney

AGENDA ITEM
September 17, 2024 City Council Meeting I
for Submittal By:

To:

From:

Honorable Mayor and Members of the Anderson City Council Joey Forseth- Deshais, City Manager
Date: September 17, 2024

I SUBJECT
Letter of opposition towards Assembly Bill 3093 (Ward)

I RECOMMENDATION
Staff recommends the City Council send the letter of opposition towards AB 3093 (Ward) Land use: housing element: streamlined multifamily housing. !FISCAL IMPACT
This action has no fiscal impact.

I DISCUSSION and BACKGROUND
AB 3093 adds two new income categories to the Regional Housing Needs Assessment (RHNA) framework: acutely low-income (ALI) and extremely low-income (ELI). While these new categories are intended to help assess the needs of homeless residents, they fall within the existing very low-income category, which already accounts for the needs of individuals in our cities earning between 0% and 50% of the area median income.

The City of Anderson is concerned that this will only lead to duplicating planning efforts since existing housing element law already requires cities to analyze the special housing needs of homeless residents and assist in developing adequate housing to meet the needs of extremely low-income households. Housing element law also requires cities to identify ITEM 6.5 PAGE1 9/17/2024
sites and encourage the development of various housing, including supportive housing and transitional housing. Through these processes, cities are doing more than ever to plan for the needs of unhoused residents in their communities. The assembly bill is currently being presented to Governor Newsom, and further takes away local control. The draft letter of opposition for AB 3093 recommends veto of the assembly bill.

I ATTACHMENTS

1. Letter of Opposition AB 3093 (Ward)
ITEM 6.5 PAGE2 9/17/2024
September 17, 2024
The Honorable Gavin Newsom
Governor, State of California
1021 0 Street, Suite 9000
Sacramento, CA 95814
RE: AB 3093 (Ward) Land use: housine element; streamlined multifamily housine, Request for VETO
Dear Governor Newsom,
The City of Anderson, respectfully requests a veto on AB 3093 (Ward), which would require local governments to account for the housing needs of people experiencing homelessness in their housing elements without funding to develop the plans, implement strategies, or support the construction of affordable housing.

The City of Anderson, appreciates recent amendments that clarify the obligations of this measure. However, AB 3093 still adds new duplicative and costly requirements at a time when the state budget includes more than $1 billion in cuts to affordable housing programs.

Specifically, AB 3093 adds two new income categories to the Regional Housing Needs Assessment (RHNA) framework: acutely low-income (ALI) and extremely low-income (ELI).

While these new categories are intended to help assess the needs of homeless residents, they fall within the existing very low-income category, which already accounts for the needs of individuals in our cities earning between 0% and 50% of the area median income.

The City of Anderson is concerned that this will only lead to duplicating planning efforts since existing housing element law already requires cities to analyze the special housing needs of homeless residents and assist in developing adequate housing to meet the needs of extremely low-income households. Housing element law also requires cities to identify sites and encourage the development of various housing, including supportive housing and transitional housing. Through these processes, cities are doing more than ever to plan for the needs of unhoused residents in their communities.

Cities across California are planning and approving millions of new homes at all income levels despite new bills introduced every year that have changed the rules midstream, significantly altering cities' housing element certification process. These complex, multiyear housing plans are laborious, time-consuming, and costly. With many cities still City Council
1887 Howard Street
Anderson, CA 96007
www.ci.anderson.ca.us Phone: (530) 378-6646
Fax: (530) 378-6648
navigating the state's certification process for the sixth cycle, now is not the time to create new vague requirements that will only further these delays in certification.

For these reasons, the City of Anderson requests your veto on AB 3093 and looks forward to working together to bolster local government efforts to support our most vulnerable residents.

Sincerely,

STAN NEUTZE
MAYOR

CITY OF ANDERSON
cc: The Honorable Chris Ward
City Council
1887 Howard Street
Anderson, CA 96007
www.ci.anderson.ca.us Phone: (S30) 378-6646
Fax: (S30) 378-6648

AGENDA ITEM
September 17, 2024, City Council Meeting
To: Honorable Mayor and Members of the Anderson City Council Through: Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Finance Director
Date: September 17, 2024

I SUBJECT
Amendments to the 2023-2024 Adopted Budget

I RECOMMENDATION
The Finance Director recommends that the City Council:

Adopt a Resolution Amending the 2023-2024 Adopted Budget

I 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.
jATTACHMENTS

1. Resolution Amending the 2023-2024 Adopted Budget
ITEM 6.6 PAGE1 9/17/20204
ATTACHMENT 1
Resolution No. 24-_
A Resolution of the City Council of the City of Anderson Amending the 2023-2024 Fiscal Year Budget
WHEREAS, the City Council of the City of Anderson has reviewed a request to amend the 2023-2024 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 2023-2024 fiscal year.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Anderson, amends the 2023-2024 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 17th day of September 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
001-0000-4850.000
001-2013-5400.000
001-3126-5101.000
001-3126-5101.112
001-3126-5350.000
001-3126-5730.000
001-6060-5310.000
001-6161-5310.000
105-0000-4850.000
105-4244-5721.073
105-4244-5530.002
106-4145-5721.010
117-0000-4663.000
117-0000-4699.000
117-0000-4850.000
156-0000-5900.000
156-5495-5723.000
156-5495-5725.050
161-6060-5400.000
660-4171-5360.000
660-4171-5400.000
665-4381-5360.000
665-4382-5360.000
665-6161-5360.000
770-4141-5400.000
770-4141-5490 .000
771-4149-5360.000
2023/2024 Budget Cleanup Amendment
Property Tax
Business Licenses
Other Revenue
Professional Services - Finance
Salaries - APO
Salaries OT - APD
Communications - APO
Machinery & Equipment
Special Departmental Expenses - Recreation
Special Departmental Expenses - Parks
Other Revenues
2022 Cape Seal Project
Public Works Chargeouts/Landscaping
Utilities - Street Lighting
COPS Grants
Other Grants
Other Revenues
Operating Transfers· ARPA 2021
ARPA 2021 . Amphitheater Renovation/PW Bldg -
Park
ARPA 2021 - Shade Structures
Professional Services - Mosquito Serenade
Utilities - Water Fund
Professional Service - Water Fund
Utilities - Wastewater
Utilities • Sewer Fund
Utilities - Sewer/Parks
Professional Services - Public Works
Miscellaneous Expenses • Public Works
Utilities • Fleet Maintenance
Current
Budget
1,144,047
65,470
15,696
6,000
3,062,270
315,501
31,500
50,000
13,000
17,000
.
.
374,244
68,000
.
.
.
.
.
.
87,000
250,000
50,000
5,330
235,600
2,945
12,000
1,500
.

Change
145,500
6,600
65,000
30,000
284,435
152,000
31,005
178,000
72,600
120,000
324,146
345,697
249,047
21,578
47,614
127,593
500,000
225,917
122,045
103,642
120,868
161,500
53,908
871
150,000
7,861
48,064
15,798
3,440
New
Budget
1,289,547
72,070
80,696
36,000
3,346,705
467,501
62,505
228,000
85,600
137,000
324,146
345,697
623,291
89,578
47,614
127,593
500,000
225,917
122,045
103,642
207,868
411,500
103,908
6,201
385,600
10,806
60,064
17,298
3,440
Attachment "A"
Reason for Change
Received Increased Property Tax Revenue.

Increase in New Business License Applications
LRSP Project & other reimbursements
Increased Auditing Expenses due to new GASB
Standards
Increase in Law Enforcement personnel and
emergency responses.

Increase in Law Enforcement personnel and
emergency responses.

New Radio Compliance Standards
Annual Communications Lease
Increased Expenditures for Recreation & Events
Increased Expenditures to maintain Parks
Reimbursement (SRTA) Pavement projects.

To adjust budget for 2022 Cape Seal Project
Increased expenses for Public Works/
Landscaping.

Additional utility costs.

Adjust for OTS Grant Revenues
Adjust for Other Grant Revenues
Adjust for Other Revenues • Zogg Fire
American Rescue Plan Act Expenses for ARP
Improvements
Expenses for Amphitheater Renovation& Public
Works Bldg @ Park
Expenses for Shade Structures
Additional Expense for 2023 Mosquito Serenade
Concerts.

Increased Utility Expenses for Water Fund
Increased Need for Professional Services in Water
Fund
Increased Utility Expenses for Wastewater Fund
Increased Utility Expenses @ Wastewater
Treatment Plant.

Increased Utility Expenses
Increase Professional Services for Public Works
Maintenance
Increase in Expenses for Public Works
Increased Utility Costs.

Account
774-2018-5310.000
774-2018-5400.000
776-2016-5420.000
2023/2024 Budget Cleanup Amendment
Special Department Expenses - Computer
Professional Services - Computer
Liability Insurance
Current
Budget
12,075
50,000
272,000
Change
14,975
74,093
362,832
New
Budget
27,050
124,093
634,832
Attachment "A"
Reason for Change
Adjust for Increase Computer and IT expenses
Adjust for New Software Needs for City IT.

Increase in Liability Insurance Costs

AGENDA ITEM
September 17, 2024, City Council Meeting
ger
Adam Whelen, Director of Public Works
To:

Through:

Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Adam Whelen, Director of Public Works
Date: September 17, 2024

I SUBJECT
Amendment to Chapter 17.60 - Uses Permitted with a Residence or in Residential Districts to Comply with State of California's Government Code Section 66314

I RECOMMENDATION

1. Review the staff report and environmental determination.

2. Open the public hearing and consider public testimony.

I DISCUSSION and BACKGROUND
Chapter 17.60 outlines the permitted uses within residential districts, including the conditions for accessory dwelling units (ADUs).

In recent years, the State of California has introduced multiple legislative measures aimed at addressing the ongoing housing crisis. One of the key pieces of legislation is Section ITEM 7.0 PAGE1 9/17/2024
66314, which establishes guidelines for local jurisdictions to facilitate and regulate ADU development. The intent behind this law is to promote the creation of additional housing options in residential areas while ensuring that local ordinances align with state law.

Our goal is to ensure that the City's regulations comply with these state requirements, supporting the development of ADUs while preserving the character of our community and addressing local housing needs.
!ENVIRONMENTAL DETERMINATION
The City of Anderson finds that this Ordinance is not a "project" according to the definition outlined in the California Environmental Quality Act ("CEQA"), and, pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this ordinance is therefore not subject to the provisions requiring environmental review.

I ATTACHMENTS
A. Planning Commission Resolution Recommending Amendment B. Draft Ordinance
C. Redline Code Sections Amendments
ITEM 7.0 PAGE2 9/17/2024
RESOLUTION NO. PC 24-09

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANDERSON,

CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 17.60.030 (ACCESSORY RESIDENTIAL DWELLING UNITS) OF CHAPTER 17.60 (USES PERMITTED WITH A RESIDENCE OR IN RESIDENTIAL DISTRICTS), OF TITLE 17 (ZONING) TO UPDATE REQUIREMENTS FOR ACCESSORY

DWELLING UNITS IN THE CITY OF ANDERSON
WHEREAS, in November of 2017, the City of Anderson enacted Ordinance No. 814 to include Section 17.60.030 - Accessory Residential Dwelling Units, intended to meet housing needs by providing additional housing options for family members, students, the elderly, in-home health care providers, the disabled, veterans and others; and to comply with the requirements of California Government Code; and WHEREAS, since the inclusion of Section 17.60.030 in 2017, the State of California has enacted additional laws and amended existing laws to further define development standards and requirements intended to expand the potential for property owners to include Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units QADUs) on residential properties; and
WHEREAS, in March of 2024, the California Legislature enacted Senate Bill 477 as an urgency measure to relocate and consolidate the State's Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) regulations to a new location of the Government Code which requires all cross-references to former Government Code sections to be updated; and
WHEREAS, the current 2019-2028 Housing Element Program HE.1.2 requires that the City amend its Zoning Ordinance to comply with all state law pertaining to Accessary Dwelling Units; and
WHEREAS, City staff have reviewed Chapter 17.60 of the Zoning Ordinance of the City of Anderson, and have determined that Section 17.60.030 is no longer in compliance with state law pertaining to Accessory Dwelling Units (ADUs); and WHEREAS, on August 26, 2024, the Planning Commission held a duly noticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, The City of Anderson finds that this Ordinance is not a "project" according to the definition set forth in the California Environmental Quality Act ("CEQA"), and, pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment) based on the Addendum to the certified Environmental Impact Report number 2006092026 and approved 2019-2028 City of Anderson, General Plan Housing Element, for which the addendum was adopted, June 2020.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ANDERSON DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The recitals in this Resolution are true and correct and incorporated herein.

SECTION 2. Recommended Approval of the proposed 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 attac~ed Ordinance entitled: AN ORDINANCE AMENDING SECTION 17.60,030 (ACCESSORY RESIDENTIAL DWELLING UNITS) OF CHAPTER 17.60 (USES PERMITTED WITH A RESIDENCE OR IN RESIDENTIAL DISTRICTS), OF TITLE 17 (ZONING) TO

UPDATE REQUIREMENTS FOR ACCESSORY DWELLING UNITS IN THE CITY OF

ANDERSON
APPROVED AND ADOPTED by the members of the Planning Commission on the 26th day of August 2024, but the following vote:

AYES: Commissioners Simmons, Barnett, Hale and Chair Grant NOES:

ABSENT: Commissioner Hawkins
ABSTAIN:

ATTEST:
~~ Alec White, Secretary
..

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANDERSON AMENDING SECTION 17.60.030 (ACCESSORY RESIDENTIAL DWELLING UNITS) OF CHAPTER 17.60 (USES PERMITTED WITH A RESIDENCE OR IN RESIDENTIAL DISTRICTS), OF TITLE 17 (ZONING) TO UPDATE REQUIREMENTS FOR ACCESSORY DWELLING UNITS IN THE

CITY OF ANDERSON
WHEREAS, in November of 2017, the City of Anderson enacted Ordinance No. 814 to include Section 17 .60.030 - Accessory Residential Dwelling Units, intended to meet housing needs by providing additional housing options for family members, students, the elderly, in-home health care providers, the disabled, veterans and others; and to comply with the requirements of California Government Code; and
WHEREAS, since the inclusion of Section 17.60.030 in 2017, the State of California has enacted additional laws and amended existing laws to further define development standards and requirements intended to expand the potential for property owners to include Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) on residential properties; and
WHEREAS, in March of 2024, the California Legislature enacted Senate Bill 477 as an urgency measure to relocate and consolidate the State's Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) regulations to a new location of the Government Code which requires all cross-references to former Government Code sections to be updated; and
WHEREAS, the current 2019-2028 Housing Element Program HE.1.2 requires that the City amend its Zoning Ordinance to comply with all state law pertaining to Accessory Dwelling Units; and
WHEREAS, City staff have reviewed Chapter 17.60 of the Zoning Ordinance of the City of Anderson, and have determined that Section 17.60.030 is no longer in compliance with state law pertaining to Accessory Dwelling Units (ADUs); and
WHEREAS, on August 26, 2024, the Planning Commission held a duly noticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and WHEREAS, The City of Anderson finds that this Ordinance is not a "project" according to the definition set forth in the California Environmental Quality Act ("CEQA"), and, pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment) based on the Addendum to the certified Environmental Impact Report number 2006092026 and approved 2019-2028 City of Anderson, General Plan Housing Element, for which the addendum was adopted, June 2020.

Page 1 of 6 ends

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANDERSON DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The recitals in this Resolution are true and correct and incorporated herein.

SECTION 2. Recommended Approval of the proposed 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 Ordinance entitled: AN ORDINANCE AMENDING SECTION 17.60.030 (ACCESSORY RESIDENTIAL DWELLING UNITS) OF CHAPTER 17.60 (USES PERMITTED WITH A RESIDENCE OR IN RESIDENTIAL DISTRICTS), OF TITLE 17 (ZONING) TO UPDATE

REQUIREMENTS FOR ACCESSORY DWELLING UNITS IN THE CITY OF ANDERSON SECTION 3. Chapter 17.60 "USES PERMITTED WITH A RESIDENCE OR IN RESIDENTIAL DISTRICTS" of Title 17 "ZONING" of the Anderson Municipal Code is repealed in its entirety and replaced to read as follows:

Chapter 17.60 USES PERMITTED WITH A RESIDENCE OR IN RESIDENTIAL DISTRICTS

17.60.010 Purpose.

Certain land uses may be acceptable within any or certain residential districts; provided, that they meet appropriate standards.

17.60.020 Reserved.

17.60.030 Accessory residential dwelling units.

The following criteria are set forth to allow for the placement of attached or detached second units on lots in areas zoned for residential use. An accessory dwelling unitattached or detached from the primary residence-shall be permitted upon any lot existing as a legal-lot of record prior to, or after, the effective date of this section.

8. Specific Requirements for Accessory Residential Units.

1. Use. The lot where the accessory residential unit is located must contain an existing single-family dwelling. Accessory units may be occupied only for residential purposes and one of the units on the lot shall be owner-occupied at all times. No accessory dwelling unit shall be used as a short term rental (less than thirty consecutive days).

2. Ownership. An accessory dwelling unit shall not be sold separately from the onefamily residence on the same lot, except as provided in Government Code Section 66341. An accessory dwelling unit may be leased or rented provided the lease or

Page 2 of 6 ends

rental is for thirty consecutive days or longer, unless otherwise permitted by this code.

3. Height. The height shall be no more than the limitations set forth in Government Code section 66321(b)(4)

4. Size. The floor area for the accessory unit shall not be less than four hundred square feet nor shall it exceed one thousand two hundred square feet. Attached units shall not exceed a maximum of fifty percent of the size of the living space of the primary dwelling. Where fifty percent of the living space of the primary dwelling is less than six hundred forty square feet, the living space of a detached accessory dwelling unit may be up to six hundred forty square feet.

5. Development Standards. Unless otherwise stated in Government Code Section 66314, all new construction shall conform to the height, setback, lot coverage, fees and other zoning requirements otherwise applicable to residential construction in the zone in which the property is located. The following standards are also applicable to the construction of accessory residential units. Where there is a conflict between the standards of the zoning district and those that follow, the least restrictive standard shall apply:
a. New Detached Units.
(1) New detached accessory dwelling units shall not be located within a required setback. Building encroachments of up to two feet that are required to achieve compliance with building or fire code standards may be approved by the director where it can be shown that the encroachment is necessary to achieve compliance with California Government Code§ 66314 and the intent of this chapter.
(b) Units within or attached to an existing structure:
(1) Accessory units constructed entirely within a legally existing structure may be located within a required setback. Modifications to such structures where required to meet building or fire code standards may be approved by the director where it can be shown that compliance with the standard would make the project infeasible. Compliance with the standards of the underlying zoning district for the side and rear lot lines shall not be required for a new accessory dwelling unit that is constructed above a legally established garage or residential accessory building.

6. Building Code Compliance. California building code requirements which apply to additions to existing single-family dwellings, as appropriate, will apply to accessory dwelling units.

7. Fire Code Compliance. The accessory dwelling unit shall meet all requirements of the fire protection district, as applicable, for the lot on which the unit is located, including adequate access to the accessory dwelling unit for emergency personnel and equipment. Accessory dwelling units constructed within an existing residence shall not be required to provide fire sprinklers if they are not required for the primary residence.

8. Impact Fees. Unless otherwise stated in Government Code Section 66324, public facility development impact fees for an accessory dwelling unit shall be calculated at the same rate as a single-family development only when the accessory dwelling unit is constructed with the single-family dwelling. Payment of public facility development impact fees shall not be required where the accessory dwelling unit is constructed entirely within an existing structure, and such unit does not have a separate sewer lateral which connects to the city wastewater system or a separate water meter or is less than 750 square feet. Payment of public facility development impact fees otherwise required for a residential unit may be waived by the director where the detached or attached accessory dwelling unit does not have a separate sewer lateral which connects to the city wastewater system or a separate water meter.

9. Septic Systems. Approval by the county environmental health department is required where a private sewage disposal system is being used.

10. Number of Accessory Dwelling Units. There shall be no more than one accessory dwelling unit and junior accessory dwelling unit per legal lot.

11. Parking. Off-street parking requirements for an accessory dwelling unit shall be one additional parking space for a studio or one-bedroom unit, and two additional spaces for a unit with two or more bedrooms. Such parking may be provided as tandem parking on an existing driveway. Where the accessory unit is constructed within an area of existing covered parking required for the use of the primary residence by this code, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to a covered space, uncovered space, or tandem space which meets the dimensional and access standards of Chapter 17.46, "Off-Street Parking Requirements". Parking shall otherwise comply with California Government Code § 66314 and all other applicable provisions of this code.

C. Exceptions. Exceptions may be granted to the development standards set forth in this section if an administrative design review approval is obtained and the following findings are made by the director:

1. The proposed exception from the development standard(s) is necessary due to physical or other constraints on the lot that make the strict application of the standard(s) impractical or inconsistent with existing development on the lot or in the immediate neighborhood; and

2. The proposed exception from the development standard(s) would not result in a health or safety hazard for existing and future residents on the lot or in the immediate neighborhood.
17 .60.040 Bed and breakfast.

A bed and breakfast facility may be permitted in districts which provide for them if a use permit is first secured; provided that:

A. There shall not be more than two guestrooms.

B. There shall be no more than two adults per guestroom.

C. The guestrooms may be in a detached accessory building if located in a district that permits guesthouses. Such building shall be located behind the primary residence, shall exceed twenty feet in height (unless it is existing), and shall be architecturally compatible with the principal residence.

D. Neither the principal residence or detached building, if any, shall be a mobile home.

E. The owner shall occupy the one-family residence.

F. The guestrooms shall not have individual kitchen facilities.

G. Meals shall be limited to overnight guests.

H. No signs shall be permitted.

I. Separate bed and breakfast facilities shall not be within one thousand five hundred feet driving distance of each other.

J. The facility shall front on a paved road.

K. Off-street parking shall be provided as specified by Section 17.46.040. The parking area shall be located in an inconspicuous area and shall be surfaced to county standards.

L. The facility shall not interfere with or adversely impact surrounding residential uses.

M. No employees are permitted other than those residing in the dwelling unit.

N. The requirements of the department of environmental health shall be met.

SECTION 4. Severability. 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 5. CEQA. The City of Anderson finds that this Ordinance is not a "project" according to the definition set forth in the California Environmental Quality Act ("CEQA"), and, Page5of6
pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment) based on the Addendum to the certified Environmental Impact Report number 2006092026 and approved 2019-2028 City of Anderson, General Plan Housing Element, for which the addendum was adopted, June 2020.

I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Anderson at a regular meeting on the_ day of September, 2024, and was duly read and adopted at a regular meeting on the_ day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ST AN NEUTZE, Mayor
ATTEST:

CHRISTY WHITE, City Clerk

Page 6 of 6 ends

Title 17 • ZONING
Chapter 17.60 USES PERMITTED WITH A RESIDENCE OR IN RESIDENTIAL DISTRICTS Chapter 17.60 USES PERMITTED WITH A RESIDENCE OR IN RESIDENTIAL

DISTRICTS

17.60.010 Purpose.

Certain land uses may be acceptable within any or certahl residential districts; provided, that they meet appropriate standards.
17 .60.020 Reserved.
17 .60.030 Accessory residential dwelling units.

A. Intent and General Requirements. It is the intent of this section to meet t he housing needs of this community by providing additional housing options for family members, students, the elderly, in-home health care providers, the disabled, veterans and others; and to comply with the requirements of California Government Code § 65852.2 et seq. The following criteria are set forth to allow for the placement of attached or detached second units on lots in areas zoned for residential use. An accessory dwelling unit-attached or detached from the primary residence-shall be permitted upon any lot existing as a legal-lot of record prior to, or after, the effective date of this section.

B. Specific Requirements for Accessory Residential Units.

2. Ownership. An accessory dwelling unit shall not be sotd separately from the one-family residence on the same lot, except as provided in Government Code Section 66341. An accessory dwelling unit 91:tt may be leased or rented provided the lease or rental is for thfrty consecutive days or longer, unless otherwise permitted by this code.

3. ReseF¥ea. Height. The height shall be no more than the limitations set forth in Government Code section 66321(b)(4)

Anderson, California, Code of Ordinances
(Supp. No. 20, 7-23)
Creattd : 2023•08 ·88 12: 14 :09 [EST]

Page 1 of 3 ends

(1) New detached accessory dwelling units shall not be located within a required setback.

Building encroachments of up to two feet that are required to achieve compliance with building or fire code standards may be approved by the director where it can be shown that the encroachment is necessary to achieve compUance with California Government Code§ 66314 and the intent of this chapter.
(b) Units within or attached to an existing structure:
(1) Accessory uni,ts constructed entirely within a legally existing structure may be located within a required setback. Modifications to such structures where required to meet building or fire code standards may be approved by the director where it can be shown that comp1iance with the standard would make the project infeasible. Compliance with the standards of the underlying zoning district for the side and rear lot lines shall not be required for a new accessory dwelling unit that is constructed above a legally established garage or residential accessory building.

6. Building Code Compliance. California building code requirements which apply to additions to existing single·family dwellings, as appropriate, will apply to accessory dwelling units.

7. Fire Code Compliance. The accessory dwelling unit shall meet all requirements of the fire protection district, as applicable, for the lot on which the unit is tocated, including adequate access to the accessory dwelling unit for emergency personnel and equipment. Accessory dwelling units constructed within an existing residence shall not be required to provide fire sprinklers if they are not required for the primary restdence.

8. Impact Fees. Unless otherwise stated in Government Code Section 66324, public facility development impact fees for an accessory dwelli ng unit shall be calculated at the same rate as a single-family ~ a R=u,1ltiple family resideRtial development only when the accessory dwelling unit is constructed with the single-family dwelling. Payment of public facility development impact fees shall not be required where the accessory dwelling unit is constructed entirely within an existing structure, and such unit does not have a separate sewer lateral which connects to the city wastewater system or a separate water meter or is less than 750 square feet. Payment of public facUity development impact fees otherwise required for a residential unit may be waived by the director where the detached or attached accessory dwelling unit does not have a separate sewer lateral which connects to the city wastewater system or a separate water meter.

9. Septic Systems. Approval by the county environmental health department is required where a private sewage disposal system is belng used.

10. Number of Accessory Dwelling Units. There shall be no more than one accessory dwelling unit and junior accessory dwelling unit per legal lot.

11. Parking. Off-street parking requirements for an accessory dwelling unit shall be one additional parking space for a studio or oneabedroom unit, and two additional spaces for a unit with two or more bedrooms. Such parking may be provided as tandem parking on an existing driveway. Where the accessory unit is constructed within an area of existing covered parking required for the use of the primary residence by this code, the replacement spaces may be located in any configuration on the same tot as the accessory dwelling unit, including but not limited to a covered space, uncovered space, or tandem space which meets the dimensional and access standards of Chapter 17.46, "Off-Street Parking Requirements". Parking shall otherwise comply with California Government Code§ 66314fet and all other appHcable provisions of this code.

Page 2 of 3 ends

2. The proposed exception from the development standard(s) would not result in a health or safety hazard for existing and future residents on the lot or in the immediate neighborhood.

17.60.040 Bed and breakfast.

A bed and breakfast facility may be permitted in districts which provide for them if a use permit is first secured; provided that:

A. There shall not be more than two guestrooms.

B. There shall be no more than two adults per guestroom.

D. Neither the principal residence or detached building, if any, shall be a mobile home.

E. The owner shall occupy the one-family residence.

F. The guestrooms shall not have individual kitchen facilities.

G. Meals shall be limited to overnight guests.

H. No signs shall be permitted.

I. Separate bed and breakfast facilities shall not be within one thousand five hundred feet driving distance of each other.

J. The facility shall front on a paved road.

K. Qffastreet parking shall be provided as specified by Section 17.46.040. The parking area shall be located in an inconspicuous area and shall be surfaced to county standards.

L. The facUity shall not interfere with or adversely impact surrounding residential uses.

M. No employees are permitted other than those residing in the dwelling unit.

N. The requirements of the department of environmental health shall be met.

Created : 2823-88- 88 12: 14:08 (EST]
(Supp. No. 20, 7-23)

Page 3 of 3 ends

AGENDA ITEM
!September 17, 2024, City Council Meetin~
for Submittal By:
h-Deshais, City Manager
To:

From:

Date:
lsueJECT
Joe
Honorable Mayor and Members o he Anderson City Council
Joey Forseth-Deshais, City Manager
September 17, 2024
Consider approval of Resolution Declaring Anderson as a "Parent Right to Know" City

I RECOMMENDATION
The City Manager recommends that the City Council:

1. Receive a Staff Report

2. Approve the Resolution Declaring Anderson as a "Parent Right to Know" City.

I FISCAL IMPACT
There is no fiscal impact associated with this item.

I DISCUSSION and BACKGROUND
State Assembly Bill ("AB") 1955, signed into law by Governor Newsom on July 15, 2024 prohibits public schools from adopting or enforcing any policy, rule, or administrative regulation requiring an employee to disclose any information related to a student's sexual orientation, gender identity, or gender expression to any other person without the minor student's consent.

ITEM 8.3a PAGE1 9/17/2024
The matters of "student sexual orientation, gender identity, or gender expression" contained in the prohibitions of AB 1955 are not related to "education." but instead are subject matters that are extremely "private" and highly "personal" for the parent and child.

It is the position of the City of Anderson that the State may not claim control over education as a pretext or a guise to invade or regulate the "private" and highly "personal" matters that naturally belong to and should remain within the parent/child relationship. Accordingly, as the State's attempt to legislate the parent/child relationship by way of AB 1955 is an improper interpretation of the California and United States constitutions and not "education," as such, AB 1955 does not preempt local regulation and may be subject to legal challenges of local authorities, parents, and/or children.

Although the State may regulate "education," AB 1955 exceeds the State Legislature's authority to regulate public schools under the California and United States Constitutions and infringes on parents' constitutional rights by prohibiting schools from adopting policies that would require notifying parents of "private" and highly "personal" matters such as when a parents' child may be at increased risk of psychological, emotional, and physical harassment and abuse, and extremely high rates of suicide and suicide attempts, no matter how young the child is, without the child's consent and is not a matter of statewide concern.

Parental rights are not secondary to the desires of government agencies. In Parham v. ].R., 442 U.S. 584, 602-603 (1979), the United States Supreme Court declared, "our constitutional system long ago rejected any notion that a child is 'the mere creature of the State' and, on the contrary, asserted that parents generally 'have the right, coupled with the high duty, to recognize and prepare their children for additional obligations' ... [t]he statist notion that governmental power should supersede parental authority in all cases because some parents abuse and neglect children is repugnant to American tradition."
For the reasons outlined above, the City of Anderson City Council has requested that staff prepare the attached resolution to reflect its intent to become a Parent's Right to Know city.

I ATTACHMENT

1. Proposed Resolution
ITEM 8.3a PAGE2 9/17/2024
RESOLUTION NO. __ _

A RESOLUTION OF THE CITY OF ANDERSON DECLARING ITSELF A PARENT RIGHT TO KNOW CITY
WHEREAS, State Assembly Bill (''.AB") 1955, signed into law by Governor Newsom on July 15, 2024 prohibits public schools from adopting or enforcing any policy, rule, or administrative regulation requiring an employee to disclose any information related to a student's sexual orientation, gender identity, or gender expression to any other person without the minor student's consent; and WHEREAS, numerous studies assert that transgender and gender nonconforming students suffer from increased psychological, emotional, and physical harassment and abuse, and that transgender youth experience an abnormally high number of suicidal thoughts and make an abnormally high number of suicide attempts; and
WHEREAS, the matters of "student sexual orientation, gender identity, or gender expression" contained in the prohibitions of AB 1955 are not related to "education:• but instead are subject matters that are extremely "private" and highly "personal" for the parent and child; and WHEREAS, the State may not claim control over education as a pretext or a guise to invade or regulate the "private" and highly "personal" matters that naturally belong to and should remain within the parent/child relationship. Accordingly, as the State's attempt to legislate the parent/child relationship by way of AB 1955 is an improper interpretation of the California and United States constitutions and not "education," as such, AB 1955 does not preempt local regulation and may be subject to legal challenges of local authorities, parents, and/or children; and WHEREAS, although the State may regulate "education:' AB 1955 exceeds the State Legislature's authority to regulate public schools under the California and United States Constitutions and infringes on parents' constitutional rights by prohibiting schools from adopting policies that would require notifying parents of "private" and highly "personal" matters such as when a parents' child may be at increased risk of psychological, emotional, and physical harassment and abuse, and extremely high rates of suicide and suicide attempts, no matter how young the child is, without the child's consent and is not a matter of statewide concern; and WHEREAS, the Fourteenth Amendment to the U.S. Constitution provides that no State shall "deprive any person of life, liberty, or property, without due process of law." (U.S. Const. amend. XIV.) The United States Supreme Court has repeatedly recognized parents' constitutional right to make decisions concerning the care, custody, and control of their children. (Troxel v. Granville, 530 U.S. 57, 65 (2000).) This includes the right to direct their children's upbringing and education. ( Meyer v.

Nebraska, 262 U.S. 390, 400 (1923); Pierce v. Society of Sisters, 268 U.S. 510, 534- 535 (1925); and WHEREAS, parental rights are not secondary to the desires of government agencies. In Parham v. j.R., 442 U.S. 584, 602-603 (1979), the United States Supreme Court declared, "our constitutional system long ago rejected any notion that a child is 'the mere creature of the State' and, on the contrary, asserted that parents generally 'have the right, coupled with the high duty, to recognize and prepare their children for additional obligations' ... [t]he statist notion that governmental power should supersede parental authority in all cases because some parents abuse and neglect children is repugnant to American tradition;" and
WHEREAS, based on the above findings, the City of Anderson seeks to declare itself a "Parent Right to Know' city.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANDERSON HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. The City of Anderson City Council hereby designates the City of Anderson as a "Parent Right to Know" city.

Section 3. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Anderson this 17th day of September, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Stan Neutze, Mayor
ATTEST:

Christy White, City Clerk

AGENDA ITEM
~eptember 17, 2024 City Council Meetin~
ted By:

To: Honorable Mayor and Members of the Anderson City Council Through: Joey Forseth-Deshais City Manager
From: Joey Forseth-Deshais, City Manager
Date: September 17, 2024
jSUBJECT
Road closures associated with the Fall Market on E. Center Street.

I RECOMMENDATION
Staff recommends that the City Council:

Consider the approval of this one-day city road closure linked to the Fall Market activities.

I FISCAL IMPACT
Fiscal impact is limited to staff time required to set up road closure signs and barricades.

I DISCUSSION and BACKGROUND
Anderson Fall Market
Activities associated with the first Fall Market in partnership with Anderson Community and Economic Development and the Anderson Chamber of Commerce include food trucks, live music, dancing, and local craft vendors on E. Center Street from 4pm - 9pm on Friday, October 11, 2024.

ITEM 8.3b PAGE1 9/17/2024
Streets to be closed to the public during the timeframes listed below:

Street Segment Closure Time Reopen Time
E. Center St - North St. to Howard St. Fri Oct 11 at 2:00pm Fri Oct 11 at 10:00pm Ferry St - E. Center St. to Freeman St. Fri Oct 11 at 2:00pm Fri Oct 11 at 10:00pm

I ATTACHMENTS

1. Resolution

2. Closure Map
ITEM 8.3b PAGE2 9/17/2024
RESOLUTION NO. 24-

AUTHORIZING ROAD CLOSURES FOR FALL MARKET
WHEREAS, the Fall Pop Up Market in the City of Anderson is an event which constitutes a public purpose; and
WHEREAS, the 2024 Fall Pop Up Market festivities will require the temporary closure of E.

Center St, for the specific time described below:

Street Se2ment Closure Time ReooenTime
E. Center St - North St. to Howard St. Fri Oct 11 at 2:00om Fri Oct 11 at 10:00pm Ferry St - E. Center St. to Freeman St. Fri Oct 11 at 2:00om Fri Oct 11 at 10:00pm WHEREAS, Section 21101.4 of the California Vehicle Code authorizes the City to adopt rules and regulations for temporarily closing to through traffic a highway under its jurisdiction.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anderson that permission to close off the above listed streets as designated, be requested of the Department of Public Works.

BE IT FURTHER RESOLVED that this closure is for the public purpose of holding the 2024 Fall Pop Up Market.

BE IT FURTHER RESOLVED, that such signs, flags, barricades, etc., shall be used by the City of Anderson as may be approved by the California State Vehicle Code. These items shall be provided by the City of Anderson.

BE IT FURTHER RESOLVED, that the closure and detour shall be marked according to the California Vehicle Code on Uniform Traffic Control Devices.

BE IT FURTHER RESOLVED, that the City of Anderson staff is hereby authorized to conduct the street closure pursuant to the conditions hereof, and the approval of the City's Council.

PASSED AND ADOPTED by the City Council of the City of Anderson this 17th day of September 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Stan Neutze, Mayor
ATTEST:

Christy White, City Clerk
Pop Up Market - Road Closure

CLOSURE BOUNDARY
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Esri Community Maps Conlnbutors. Cahlorma State Par1<s, C) OpenS1te&1Map. M'crosoft Es<i, itmTom, Garmon. SafeGraph.

GeoTechnologoes, Inc, METIINASA, USGS. Bureau ol Land Managemant EPA. NPS, US Census Bureau, USDA. USFWS, Maxar
City of Anderson - GIS

AGENDA ITEM
~eptember 17, 2024, City Council Meetin~
Adam Whelen, Public Works Director
To:

Through:

From:

Date:
lsueJECT
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Adam Whelen, Public Works Director
September 17, 2024
Professional Services Agreement with PACE Engineering for the 2024 Arc Flash Study.

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

Authorize the City Manager to execute a Professional Service Agreement with PACE Engineering for the 2024 Arc Flash Study.

I FISCAL IMPACT
The Professional Services contract will be funded from the 2024/2025 Wastewater budget (Sewer Enterprise Fund) and the 2024/2025 Water budget (Water Enterprise Fund). The contract is not to exceed $121,700 without written approval from the City.

I DISCUSSION and BACKGROUND
An arc flash is the rapid release of energy resulting from an unintended arc fault or short circuit between live parts, or between live parts and the ground. This energy is released as heat and light, which collide to create a concussive pressure wave that can disperse shrapnel.

ITEM 8.9a PAGE1 9/17/2024
The Occupational Safety and Health Administration (OHSA) created a requirement for employers to eliminate heat and energy risks in a fact sheet published in April 2014. This bulletin states the following three items.

The employer must assess the workplace to identify workers exposed to flame or electricarc hazards.

No later than January 1, 2015, employers must estimate the incident heat energy of any electric-arc hazard to which a worker would be exposed.

No later than April 1, 2015, employers generally must provide workers exposed to hazards from electric arcs with protective clothing and other protective equipment with an arc rating greater than or equal to the estimated heat energy.

The City does not have a current Arc Flash study in accordance with the National Fire Protection Association (NFPA) Standard 70E Article 130.5. This standard states that an arc flash assessment must be updated if a major modification or renovation takes place, and it must be reviewed periodically at intervals not to exceed five years. NFPA 70E requires that all equipment from the main switchboard down to the disconnects for electrical equipment be studied.

The City requested a quote from PACE Engineering to review the following 24 locations: Anderson Waste Water Treatment Plant, 6 Sewer Lift Stations, Anderson Corporation Yard, Anderson River Park Splash Pad, 12 Well facilities, and three reservoir pump stations. Following the Arc Flash Study, the City will receive documentation, including information labels to be placed on equipment that identify the appropriate PPE and boundaries of limits for working on equipment. !ATTACHMENT

1. Professional Services Agreement
ITEM 8.9a PAGE2 9/17/2024

CITY OF ANDERSON

PROFESSIONAL SERVICES AGREEMENT WITH
WITH PACE ENGINEERING, INC.

FOR
ARC FLA.SH STUDIES
THIS AGREEMENT ("Agreement"), made and entered into this __ th day of _ __ _, 2024, is br and between the City of Anderson, a California municipal corporation, hereinafter referred to as "City," and PACE Engineering, Inc., hereinafter referred to as "Consultant." \XflTNESSETH:

SECTION 1- ORGANIZATION AND CONTENTS.

This Agreement is divided into the following Sections:

Section/Title Page No.

SECTION 1 - ORGANIZATION AND CONTENTS 1
SECTION 2 - DESCRIPTION OF PROJECT 2
SECTION 3 - SCOPE OF SERVICES - BASIC; COMPLETION SCHEDULE 2 SECTION 4 - SCOPE OF SERVICES - ADDITIONAL; COMPLETION SCHEDULE 2 SECTION 5 - COMPENSATION 2
SECTION 6 - RESPONSIBILITI' OF CONSULT ANT 3
SECTION 7 - RESPONSIBILITI' OF ClTI' 3
SECTION 8 - INDEMNIFICATION 4
SECTION 9 • INSURANCE 4
SECTION 10 - GENERAL PROVISIONS 4

10.t - Access to Records 4

10.2 - Assignment 4

10.3 - Changes to Scope of Work - Basic Services 4

10.4 ~ Compliance with Laws, Ruic, Regulations 5

10.5 - Conflict of Interest 5

10.6 - Exhibits Incorporated 5

10.7 - Independent Contractor 5

10.8 • Integration; Amendment 5

10.9 -Jurisdiction 5

10. 10 • Notice to Proceed; Progress; Completion 6

10.11 - Ownership of Documents 6

10. 12 - Subcontracts 6

10.13 -Term; Termination 6

10.14 - Notice 7
SECTION 11 - SPECIAL PROVISIONS 7
Professional Services Agreement:

Arc Flash Studies 1
SECTION 2 - DESCRIPTION OF PROJECT
City desires to undertake that certain project, hereinafter referred to as "project," described in EXHIBIT "A" entitled "DESCRIPTION OF PROJECT" and to engage Consultant to provide the required professional services relating to it.

SECTION 3 - SCOPE OF SERVICES - BASIC; COMPLETION SCHEDULE Consultant shall perform those basic services in connection with the project as arc set forth more particularlr in EXHIBIT "B" entitled "SCOPE OF CONSULTANT SERVICES - BASIC; COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.

SECTION 4 - SCOPE OF SERVICES - ADDITIONAL; COMPLETION SCHEDULE It is understood by City and Consultant that it may be necessary, in connection with the project, for Consultant to perform or secure the performance of services other than those set forth in EXHIBIT "B." In each such instance, Consultant shall advise City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if appropriate). Consultant shall not proceed to perform any such required additional service until City has determined that such service is beyond the scope of the basic services to be provided, is required, and City has given its written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as "Additional Consultant Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached to EXHIBIT "C" entitled "SCOPE OF CONSULTANT SERVICES -ADDITIONAL; COMPLETION SCHEDULE.'' SECTION 5 - COMPENSATION; PAYMENT OF FEES
Consultant shall be compensated for services rendered to City pursuant to this Agreement in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "D" entitled "COMPENSATION." Amounts due to Consultant from City for services rendered shall be evidenced by the submission to City by Consultant of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered by it. Each such invoice shall be forwarded co City so as co reach it on the 1st day of the month, or other applicable period, for which the services invoiced were provided.

AU such invoices shall be in full accord with any and all applicable provisions of this Agreement. City will review each such invoice and retain them in accordance with EXHIBIT "D," provided however that if Consultant Professional Services Agreement:

Arc Flash Studies 2
submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, then City shall not be obligated to process any papnent to Consultant until a correct and complying invoice has been submitted.

SECTION 6 - RESPONSIBILITY OF CONSULTANT
By executing this Agreement, Consultant warrants to City that Consultant possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Consultant further warrants that Consultant will follow the best current, generally accepted professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services arc rendered under this Agreement. It is expressly understood by all parties to this Agreement that Consultant makes no guarantee or warranty whatsoever to the success of this project.

SECTION 7 - RESPONSIBILITY OF CITY
To the extent appropriate to the project contemplated by this Agreement, City shall:

7.1 Assist Consultant by placing at Consultant's disposal all available information pertinent to the project, including previous reports and any other data relative to design and construction which may be applicable to it.

7.2 Guarantee access to and make all provisions for Consultant to enter upon public and private property as required for Consultant to perform Consultant services.

7.3 Examine all studies, reports, sketches, drawing;, specifications, proposals and other documents prepared and presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto, within a reasonable rime so as not to delay the progress of the work by Consultant.

7.4 Designate in writing a person to ace as City's representative with respect to the work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Consultant's services.

7.5 Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in the project.

7.6 Furnish approvals and permits from all governmental authorities haYing jurisdiction over the project and such approYals ;ind consents from others as may be necessary for completion of the project.

SECTION 8 - INDEMNIFICATION
Professional Services Agreement:

Arc Flash Studies 3
Consultant shall hold City, its officers, boards and commissions, and members thereof, its emplorees and agents harmless of and free from any and all liability arising out of or relating to anr negligent act or omission of Consultant or Consultant's employees or agents in rendering the services required by this Agreement and shall protect, defend, and indemnify them against such liability and the legal fees and costs incurred by the City in connection therewith.

SECTION 9 - INSURANCE
Any requirements by City that Consultant carry general liability, errors and omissions, or any other type of insurance in connection with the work to be performed and/ or services to be rendered by Consultant pursuant to this Agreement shall be as set forth in EXHIBIT "E," entitled SPECIAL PROVISIONS.

SECTION 10 - GENERAL PROVISIONS

10.1 Access to Records
Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least (1) year following the date of final payment to Consultant by City. Any duly authorized represent~tive(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection.

Consultant shall be entitled to reasonable compensation for time and expenses related to such access and inspection activities, which shall be considered to be an additional service to City, falling under the provisions of SECTION 4 hereinabove.

10.2 Assignment
This Agreement is binding to heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Consultant without the prior written consent of the other.

10.3 Changes to Scope of Work- Basic Services
City mar at any time and, upon a minimum of ten {10) days' written notice, modify the scope of basic services to be provided under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant's notice to proceed with the changed scope.

10.4 Compliance with Laws, Rules, Regulations
Professional Services Agreement:

Arc Flash Studies 4
All services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable Federal, State or City statues, and any rules or regulations promulgated thereunder.

10.5 Conflict oflnterest
If City's City Manager has determined that one or several of Consultant's Principal(s) or Project Manager(s) arc subject to any provisions of the Anderson Municipal Code relating to conflict of interest, or the provisions of any rules or regulations which may have been promulgated thereunder, then each such person will be required to comply with said provisions in connection with the services they render to the City under this Agreement. City shall advise Consultant of any such provisions prior to the date of execution of this Agreement.

10.6 Exhibits Incorporated
All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.

10.7 Independent Contractor
City and Consultant agree that the relationship between them created by this Agreement does not constitute an employer-employee relationship, a partnership or joint-venture relationship of any kind between the City of Anderson and the Consultant. Consultant is not an agent of the City and has no authority to commit the City in any way whatsoever. Consultant shall be solely responsible for the conduct and control of the work performed under this Agreement. Consultant shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Consultant's ability to fulfill the obligations established herein to City.

10.8 Integration; Amendment
This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing signed by both parties.

10.9 Jurisdiction
This Agreement shall be administered and interpreted under the laws of the State of California.

Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this Agreement shall be in conflict with applicable laws, such part shall be inopcrati\"C, null, and \"Oid insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

10.10 Notice to Proceed; Progress; Completion
Professional Services Agreement:

Arc Flash Studies 5
Upon execution of this Agreement by the parties, City shall give Consultant written notice to proceed with the work. Such notice may authorize Consultant to render all of the services contemplated herein, or such portions or phases as may be mutuall)' agreed upon. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon receipt of such notices, Consultants shall diligently proceed with the work authorized and complete it within the agreed time period.

10.11 Ownership of Documents
Tide to all documents, drawings, specifications, and the like with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared.

10.12 Subcontracts
Consultant shall be entitled, to the extent determined appropriate by Consultant, to subcontract any portion of the work to be performed under this Agreement. Consultant shall be responsible to City for the actions of persons and firms performing subcontract work. The subcontracting of work by Consultant shall not relieve Consultant, in any manner, of the obligations and requirements imposed upon Consultant by this Agreement.

10.13 Term; Termination
The term of this Agreement shall commence upon City's issuance to Consultant of a notice to proceed for all or a portion of the work, as hereinabove provided, and shall end upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, including any and all retentions.

Notwithstanding the foregoing, Cit)' may, in its sole discretion, terminate this Agreement at any time and for anr reason whosoever by giving at least ten (10) days' prior written notice of such termination to Consultant.

10.14 Notices
Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
a. To Cit)·: Joey Forseth-Deshais, City Manager
Cit)' of Anderson
1887 Howard Street
Anderson, CA 96007
b. To Consultant:

Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.

Professional Services Agreement:

Arc Flash Studies
SECTION 11- SPECIAL PROVISIONS
This Agreement shall include all special provisions, if anr, as are sec forth on EXHIBIT "E" entitled "SPECIAL PROVISIONS."
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement the day and rear first above written.

CI1Y OF ANDERSON
Joey Forseth-Deshais
City Manager
Date
ATTEST:

Christy White
City Clerk
Professional Services Agreement:

Arc Flash Studies
PACE ENGINEERING, INC.

Print Name: ______ _
Title: ________ _
Date
7 EXHIBIT "A"
City of Anderson Ate Flash Studies
Project will prepare an Ate Flash Study for 24 locations. This will consist of documentation, information labels, and boundaries of limits for safely working on equipment.

Professional Services Agreement: EXHIBIT "A"
EXHIBIT "B,,
SCOPE OF SERVICES-BASIC; SCOPE OF SERVICES
The consultant shall provide services as described in the "City of Anderson (COA) Wastewater Treatment Plant (WWTP), Anderson River
Park (ARP) Splash Pad, and Corp Yard Arc Flash Studies - REV 1 Proposal for Engineering Services and City of Anderson (COA) Water Facilities Arc Flash Studies - REV 1 Proposal for Engineering Services" as prepared by PACE Engineering on July 12, 2024. The scope is attached.

Professional Services Agreement: EXHIBIT "B"
EXHIBIT "C''
SCOPE OF SERVICES-ADDITIONAL; COMPLETION SCHEDULE
No additional services are scheduled at this time. Completion scheduled for Spring 2025.

Professional Services Agreement: EXHIBIT "C"
EXHIBIT "D"
COMPENSATION; PAYMENT OF FEES
The consultant shall provide services as described in the "2024 Arc Flash Proposal for WWTP and Water Wells" as prepared by PACE Engineering on July 12, 2024. The scope is attached.

The lump sum fee for the services as described in Exhibit "B" - Scope of Services, is $121,700.00
Personal Services Agreement: EXHIBIT "D"
EXHIBIT "E"

SPECIAL PROVISIONS

INSURANCE REQUIREMENTS FOR CONSULTANT
CONSULT ANT shall procure and maintain for the duration of the contract insurance against claims and injuries to persons or damages to property which mar arise from or in connection with the work hereunder by the CONSULT ANT, his agents, representatives, employees or subcontractors. The cost of such insurance shall be the sole responsibility of the CONSULTANT.

A. Minimum Scope of Coverage:

Insurance shall cover:

1. Professional Liability.

2. Comprehensive General Liabilitr,

3. Automobile Liability.

4. Workers Compensation.

B. Minimum Limits of Insurance:

1. Professional Liability: S2,000,000 errors and omissions.

2. Comprehensive General Liability: S2,000,000 combined single limit per occurrence for bodily injurr, personal injury and property damage.

3. Automobile Liability: Sl,000,000 combined single limit per accident for bodily injury and property damage.

4. Workers Compensation: Limits as set forth tn the Labor Code of the State of California.

C. Deductibles:

Any deductibles must be declared to and approved by the City.

D. Other Insurance Provisions:

The Policies must contain the following provisions:

1. General Liability and Automobile Liability Coverage:
a. The City, its officials, employees and volunteers arc to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the CONSULTANT; premises owned, leased, or used by the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSULTANT.

Professional Services Agreement: EXHIBIT "E"
The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees and volunteers. b. The CONSULT ANT's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance maintained by the City, its officials, employees and volunteers shall be excess ofCONSULTANT's insurance and shall not contribute with it. c. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees and volunteers. d. coverage shall state that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's liability.

2. Workers Compensation:

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees and volunteers for losses arising from work performed by CONSULTANT for the City.

3. All Coverage:

Each insurance policy required herein shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days advance written notice to City by certified mail, return receipt requested.

E. Acceptability of Insurers:

Insurance shall be placed with insurers admitted to do business in California and with a Best rating of no less than A+.

F. Verification of Coverage:

CONSULTANT shall furnish the City with certificates of insurance coverage with the City named as an additional insured, and with original endorsements affecting coverage as required by this Agreement. The certificates and endorsements for each insurance policy arc to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the City before work commences.

G. Subcontractors:

CONSULTANT shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Professional Services Agreement: EXHIBIT "E"

PROPOSAL
July 12, 2024
Adam Whelen
City of Anderson
1887 Howard St.

Anderson, CA 96007
[email protected] nderson .ca. us
5155 VENTURE PARKWAY
REDDING, CA 9 6002
{530) 244-0202
Dear Adam,
Subject: City of Anderson (COA) Water Facilities Arc Flash Studies - REV 1 Proposal for Engineering Services
PACE Engineering, Inc. (PACE) appreciates the opportunity to submit this proposal and once again team with the COA for the COA Water Facilities Arc Flash Studies Project. It is our understanding that the following fifteen sites will be included in the project:
• Anderson Heights Well • Ox Yoke #1 Well
• Diamond Street Well • Ox Yoke #2 Well
• Stingy Lane Well • North Street Well
• Timber Lane Well • Auto Mall Drive Well
• Tucker Oaks Well • Anderson Heights Reservoir Pump Station • Highway 273 Well • Anderson High School Reservoir Pump Station • Rhynes Well • Beacon Booster Pump Station
• Balls Ferry Well
This proposal is based on the following assumptions:

1. No site has an Arc Flash Study for the facility available for PACE's review.

2. Per the requirements of NFPA 70E, all equipment from the main switchboard down to disconnects for electrical equipment will be studied.

3. PACE will be provided with PDFs of the existing facility layout. Where none exist, PACE will create not-to-scale plans based on aerial imagery.

4. The Arc Flash Studies for these fifteen sites will occur independent from the Wastewater Treatment Plant, Anderson River Park Splash Pad, and Corp Yard Arc Flash Studies.

Each Arc Flash Study shall include the development of a software model of the facility using ETAP software. The model shall be used for performing an Arc Flash Study for the applicable equipment throughout each site. The Arc Flash Study will produce documentation including information labels to be placed on equipment that identifies the appropriate PPE and boundaries of limit for working on the equipment.

PROPOSAL

Page 2 ends

COA Water Facilities Arc Flash Studies
We propose to perform the Scope of Services for each site described herein for the lump-sum amounts as shown below:

1. Anderson Heights Well

2. Diamond Street Well

3. Stingy Lane Well

4. Timber Lane Well

5. Tucker Oaks Well

6. Highway 273 Well

7. Rhynes Well

8. Balls Ferry Well

9. Ox Yoke #1 Well

10. Ox Yoke #2 Well

11. North Street Well

12. Auto Mall Drive Well

13. Anderson Heights Reservoir Pump Station

14. Anderson High School Reservoir Pump Station

15. Beacon Booster Pump Station
Total:
$4,600
$4,600
$4,600
$4,600
$4,600
$4,600
$4,900
$4,900
$4,900
$4,900
$4,900
$4,900
$7,400
$7,400
$4,100
$75,900
Thank you again for the opportunity to submit this proposal. If the Scope of Services and fee are agreeable to you, please let us know, and we will forward an Engineering Agreement for your signature authorizing us to proceed with these services. Please contact me if you have any questions.

Sincerely,
tL~
Calvin Abshier
Associate Engineer

SCOPE OF SERVICES

Page 1 ends

COA Water Facilities Arc Flash Studies
Based on the m~eting on February 15, 2024, and the scoping site visits on March 25, 2024, the list of the Scope of Services is as follows:

1. Visit each site and collect electrical data as necessary to complete each Arc Flash Study.

During the site visit, it will be required to remove deadfronts and covers from various electrical equipment. It is the responsibility of COA to provide access to all pertinent electrical equipment for evaluation by PACE and to follow all facility guidelines for PPE and deenergization of electrical equipment while information is gathered. It is anticipated that two full days will be required to collect the data required for the Arc Flash Studies. The information to be gathered includes conductor sizes, conductor lengths, overcurrent protective device ratings, model numbers, settings, and switchboard/panelboard sizes and ratings.

2. Prepare Preliminary Arc Flash Report for review by COA for the facilities. It is assumed that AutoCAD files are not available for the facilities and that COA will provide PDF files for PACE to utilize. Where none exist, PACE will create not-to-scale plans based on publicly available aerial imagery. At a minimum, the Arc Flash Report shall include:
a. A detailed description of the facility's electrical distribution system. b. Basic floor plans.
c. Elevations as required to adequately depict placement of labels on electrical equipment.
d. An analysis of all applicable electrical equipment including all data pertaining to arc flash requirements.
e. Arc flash information labels and floor marking recommendations for the facility.

3. Complete a final Arc Flash Report per NFPA 70E for the facility. Provide COA with three bound copies and one digital copy of the final report including all data and calculations.

4. A final site visit to place arc flash labels. It is anticipated that one full day will be required to place the labels at each site.

EXCLUSIONS
The following services are not included in the above Scope of Services:

1. Site visits other than those listed. Additional site visits may be added on a time-and-expense basis if desired.

2. Energized electrical equipment will not be opened by PACE personnel.

3. Overcurrent Protective Device Coordination Study. The settings and configuration of the existing circuit breakers will be utilized to perform the Arc Flash Study. If requested, a Coordination Study can be performed on the electrical distribution system for an additional fee.

M:\)obs\00.04\2024\City of Anderson\COA Arc Flash\Ltr Prop - COA Water Facilities Arc Flash Studies_REVl.docx

PROPOSAL
July 12, 2024
Adam Whelen
City of Anderson
1887 Howard St.

Anderson, CA 96007
awhele n@ci .anderson .ca. us
5155 VENTURE PARKWAY
REDDING, CA 96002
(530) 244-0202
Dear Adam,
Subject: City of Anderson (COA) Wastewater Treatment Plant (WWTP), Anderson River Park (ARP) Splash Pad, and Corp Yard Arc Flash Studies - REV 1 Proposal for Engineering Services
PACE Engineering, Inc. (PACE) appreciates the opportunity to submit this proposal and once again team with the COA for the COA Arc Flash Studies Project. It is our understanding that the following nine sites will be included in the project:
• Anderson WWTP • South Barney LS
• Stingy Lane Lift Station (LS) • Cullpepper LS
• Timber Lane LS • Anderson Corp Yard
• Silvergate LS • ARP Splash Pad
• Homewood LS
This proposal is based on the following assumptions:

1. No site has an Arc Flash Study for the facility available for PACE's review.

2. Per the requirements of NFPA 70E, all equipment from the main switchboard down to disconnects for electrical equipment will be studied.

3. PACE will be provided with PDFs of the existing facility layout. Where none exist, PACE will create not-to-scale plans based on aerial imagery.

4. The Arc Flash Studies for these nine sites will occur independent from the water facilities' Arc Flash Studies.

PROPOSAL

Page 2 ends

COA WWTP, ARP Splash Pad, and Corp Yard Arc Flash Studies We propose to perform the Scope of Services for each site described herein for the lump-sum amounts as shown below:

1. Anderson WWTP $11,300

2. Stingy lane LS $3,900

3. Timber lane LS $3,900

4. Silvergate LS $3,900

5. Homewood LS $3,900

6. South Barney LS $3,900

7. Cullpepper LS $3,900

8. Anderson Corp Yard $7,600

9. ARP Splash Pad $3.500
Total: $45,800
Thank you again for the opportunity to submit this proposal. If the Scope of Services and fee are agreeable to you, please let us know, and we will forward an Engineering Agreement for your signature authorizing us to proceed with these services. Please contact me if you have any questions.

Sincerely,
!!LJ.)4/~
Calvin Abshier
Associate Engineer

SCOPE OF SERVICES

Page 1 ends

COA WWTP, ARP Splash Pad, & Corp Yard Arc Flash Studies Based on the meeting on February 15, 2024, and the scoping site visits on March 25, 2024, the list of the Scope of Services is as follows:

1. Visit each site and collect electrical data as necessary to complete each Arc Flash Study.

2. Prepare preliminary Arc Flash Report for review by COA for the facilities. It is assumed that AutoCAD files are not available for the facilities and that COA will provide PDF files for PACE to utilize. Where none exist, PACE will create not-to-scale plans based on publicly available aerial imagery. At a minimum, the Arc Flash Report shall include:
a. A detailed description of the facility's electrical distribution system. b. Basic floor plans.
c. Elevations as required to adequately depict placement of labels on electrical equipment.
d. An analysis of all applicable electrical equipment including all data pertaining to arc flash requirements.
e. Arc flash information labels and floor marking recommendations for the facility.

3. Complete a final Arc Flash Report per NFPA 70E for the facility. Provide COA with three bound copies and one digital copy of the final report including all data and calculations.

4. A final site visit to place arc flash labels. It is anticipated that one full day will be required to place the labels at each site.

EXCLUSIONS
The following services are not included in the above Scope of Services:

1. Site visits other than those listed. Additional site visits may be added on a time-and-expense basis if desired.

2. Energized electrical equipment will not be opened by PACE personnel.

M :\Jobs\ 00.04\2024\City of Anderson\ COA Arc Flash\ltr Prop - COA WW, Splash Pad, & Corp Yard Arc Flash Studies_REVl.docx

AGENDA ITEM
~eptember 17, 2024, City Council Meetin~
for Submittal By:
-Deshais, City Manager
Adam Whelen, Public Works Director
To:

Through:

From:

Date:
lsueJECT
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Adam Whelen, Public Works Director
September 17, 2024
Approve a Professional Services Agreement with PACE Engineering for the 2024 Master Water Plan.

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

Authorize the City Manager to execute a Professional Service Agreement with PACE Engineering for.the 2024 Master Water Plan.

I FISCAL IMPACT
The Professional Services contract will be funded from the 2024/2025 Water budget (Water Enterprise Fund). The contract is not to exceed $217,000 without written approval from the City.

I DISCUSSION and BACKGROUND
The City's current Master Water Plan (MWP) was completed in 2006 by PACE Engineering. Nine (9) wells serve the City's existing water system with a combined capacity of approximately 11.04 million gallons per day (MGD) and an effective capacity of approximately 5.0 MGD. The wells provide very good water quality, and no treatment is required other than maintenance of a small ITEM 8.9b PAGE1 9/17/2024
chlorine residual. The City has two water storage reservoirs with a combined capacity of about

3.5 million gallons (MG). Three pressure zones comprise the City's service area, controlled by, 1) tank elevations, 2) hydropneumatic tanks, 3) booster pumps, or 4) wells. The City's water distribution system consists of approximately 38 miles of 2-inch through 14-inch piping made of steel, cast iron, asbestos cement (AC), and polyvinyl chloride (PVC). Approximately 7,000 feet of distribution piping are old steel pipelines that are 55 to 65 years old.

The 2006 MWP reflects an analysis of existing (2004), 10-year (2014), 20-year (2024), and Ultimate development conditions. The existing hydraulic analysis utilized the computer model H2ONet, an MHWSoft product. The 2005 model was based on the 1994 model completed in Kentucky Pipe software, which included most of the water mains within the City's water system.

This software is not available anymore and needs to be updated. To conduct all hydraulic modeling for developing the master water plan, the consultant shall utilize lnfoWater. lnfoWater was purchased from lnnovyze by Autodesk and incorporated into ArcGIS Pro.

Since the 2006 plan was created, the City has experienced some development and has new projects in various planning and/or construction stages. As such, the City desires to update its MWP, utilizing updated hydraulic modeling software and employing data existing in the City's Global Information System (GIS) database.

The purpose of the Master Water Plan is:
• To provide the City of Anderson with a Master Plan showing water service areas, corresponding development levels, and ultimate development levels as shown on the City of Anderson and Shasta County General Plans.
• To inventory the existing water system.
• To determine deficiencies in the existing water supply system. • To prioritize improvements needed to improve the existing water supply system. • To estimate the costs of the recommended water system improvements. • To provide a plan showing future water system improvements that will be needed as the City develops or looks to annex within the Sphere of Influence. • To form a solid engineering basis for the future consideration of amending existing water development fees.
• To provide needed background information for pursuing grant financing of water system improvements.
!ATTACHMENT

1. Professional Services Agreement
ITEM 8.9b PAGE2 9/17/2024

CITY OF ANDERSON

PROFESSIONAL SERVICES AGREEMENT WITH
WITH PACE ENGINEERING, INC.

FOR
2024 MASTER WATER PLAN UPDATE
THIS AGREH,IENT ("Agreement''), made and entered into this __ th day of ___ ~2024, is hr and between the City of Anderson, a California municipal corporation, hereinafter referred to as "City," and PACE Engineering, Inc., hereinafter referred to as "Consultant." WITNESSETH:

SECTION 1- ORGANIZATION AND CONTENTS.

This Agreement is divided into the following Sections:

Section/Title Page No.

SECTION 1 - ORGANIZATION AND CONTENTS 1
SECTION 2 - DESCRIPTION OF PROJECT 2
SECTION 3 - SCOPE OF SERVICES - BASIC; COMPLETION SCHEDULE 2 SECTION 4 - SCOPE OF SERVICES - ADDITIONAL; COMPLETION SCHEDULE 2 SECTION 5-COMPENSATION 2
SECTION 6 - RESPONSIBILITY OF CONSULT ANT 3
SECTION 7 - RESPONSIBILITY OF CITY 3
SECTION 8 - INDEl\,[NlFICATION 4
SECTION 9 - INSURANCE 4
SECTION 10 - GENERAL PROVISIONS 4

10.1 - Access to Records 4

10.2 - Assignment 4

10.3 - Changes to Scope of Work - Basic Services 4

10.4 • Compliance with Laws, Rule, Regulations 5

10.5 - Conflict of Interest 5

10.6 - Exhibits Incorporated 5

10.7 - Independent Contractor 5

10.8 • Integration; Amendment 5

10.9 -Jurisdiction 5

10.10 - Notice to Proceed; Progress; Completion 6

10.11 - Ownership of Documents 6

10.12 - Subcontracts 6

10.13 -Term; Termination 6

10.14 - Notice 7
SECTION 11 - SPECIAL PROVISIONS 7
Professional Services Agreement:
2024 MASTER WATER PLAN I
SECTION 2 - DESCRIPTION OF PROTECT
City desires to undertake that certain project, hereinafter referred to as "project," described in EXHIBIT "A" entitled ''DESCRIPTION OF PROJECT" and to engage Consultant to provide the required professional services relating to it.

SECTION 3 - SCOPE OF SERVICES - BASIC; COMPLETION SCHEDULE Consultant shall perform those basic services in connection with the project as arc set forth more particularly in EXHIBIT "B" entitled "SCOPE OF CONSULTANT SERVICES - BASIC; COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.

SECTION 4 - SCOPE OF SERVICES -ADDITIONAL; COMPLETION SCHEDULE It is understood by City and Consultant that it may be ncccssar')', in connection with the project, for Consultant to perform or secure the performance of services other than those set forth in EXHIBIT "B." In each such instance, Consultant shall advise City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if appropriate). Consultant shall not proceed to perform any such required additional service until City has determined that such service is berond the scope of the basic services to be provided, is required, and City has given its written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as "Additional Consultant Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached to EXHIBIT "C" entitled "SCOPE OF CONSULTANT SERVICES -ADDITIONAL; COMPLETION SCHEDULE."
SECTION 5 - COMPENSATION; PAYMENT OF FEES
Consultant shall be compensated for services rendered to City pursuant to this Agreement in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "D" entitled "COMPENSATION." Amounts due to Consultant from City for services rendered shall be evidenced by the submission to City by Consultant of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered by it. Each such invoice shall be forwarded to City so as to reach it on the 1st day of the month, or other applicable period, for which the services invoiced were provided.

All such invoices shall be in full accord with any and all applicable provisions of this Agreement. City will review Professional Services Agreement:
2024 MASTER WATER PLAN 2
each such invoice and retain them in accordance with EXHIBIT "D,'' provided however that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, then City shall not be obligated to process any payment to Consultant until a correct and complying invoice has been submitted.

SECTION 6 - RESPONSIBILITY OF CONSULT ANT
By executing this Agreement, Consultant warrants to City that Consultant possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Consultant further warrants that Consultant will follow the best current, generally accepted professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services arc rendered under this Agreement. It is expressly understood by all parties to this Agreement that Consultant makes no guarantee or warranty whatsoever to the success of this project.

SECTION 7 - RESPONSIBILITY OF CITY
To the extent appropriate to the project contemplated by this Agreement, City shall:

L1 Assist Consultant by placing at Consultant's disposal all available information pertinent to the project, including previous reports and any other data relative to design and construction which may be applicable to it.

7.2 Guarantee access to and make all provisions for Consultant to enter upon public and private property as required for Consultant to perform Consultant services.

7.3 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents prepared and presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto, within a reasonable time so as not to delay the progress of the work by Consultant.

7.4 Designate in writing a person to act as City's representative with respect to the work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Consultant's services.

7.5 Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in the project.

7.6 Furnish approvals and permits from all governmental authorities having jurisdiction over the project and such apprm•als and consents from others as may be necessary for completion of the project.

Professional Services Agreement:
2024 MASTER WATER PLAN
SECTION 8 - INDEMNIFICATION
Consultant shall hold City, its officers, boards and commissions, and members thereof, its employees -and agents harmless of and free from any and all liability arising out ofor relating to any negligent act or omission o f Consultant or Consultant's employees or agents in rendering the services required by this Agreement and shall protect, defend, and indemnify them against such liability and the legal fees and costs incurred by the City in connection therewith.

SECTION 9 - INSURANCE
Any requirements by City that Consultant carry general liability, errors and omissions, or any other type of insurance in connection with the work to be performed and/ or services to be rendered br Consultant pursuant to this Agreement shall be as set forth in EXHIBIT "E," entitled SPECIAL PROVISIONS.

SECTION 10 - GENERAL PROVISIONS

10.1 Access to Records
Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least (1) year following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection.

10.3 Changes to Scope of Work - Basic Services
City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant's notice to proceed with the changed scope.

Professional Services Agreement:
2024 MASTER WATER PLAN 4

10.4 Compliance with Laws, Rules, Regulations
All services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable Federal, State or City statues, and any rules or regulations promulgated thereunder.

10.5 Conflict of Interest
If City's City Manager has determined that one or several of Consultant's Principal(s) or Project Managcr(s) arc subject to any provisions of the Anderson Municipal Code relating to conflict of interest, or the provisions of any rules or regulations wruch may have been promulgated thereunder, then each such person will be reguired to comply with said provisions in connection with the services they render to the City under this Agreement. City shall advise Consultant of any such provisions prior to the date of execution of this Agreement.

10.6 Exhibits Incorporated
All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by trus reference.

10. 7 Independent Contractor
City and Consultant agree that the relationship between them created by this Agreement docs not constitute an employer-employee relationship, a partnership or joint-venture relationship of any kind between the City of Anderson and the Consultant. Consultant is not an agent of the City and has no authority to commit the City in any way whatsoever. Consultant shall be solely responsible for the conduct and control of the work performed under this Agreement. Consultant shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Consultant's ability to fulfill the obligations established herein to City.

10.9 Jurisdiction
This Agreement shall be administered and interpreted under the laws of the State of California.

Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this Agreement shall be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

Professional Services Agreement:
2024 MASTER WATER PLAN 5

10.10 Notice to Proceed; Progress; Completion
Upon execution of this Agreement by the parties, City shall give Consultant wrinen notice to proceed with the work. Such notice may authorize Consultant to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. ln the laner event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon receipt of such notices, Consultants shall diligently proceed with the work authorized and complete it within the agreed time period.

10.11 Ownership of Documents
Title to all documents, drawings, specifications, and the like with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared.

10.12 Subcontracts
Consultant shall be entitled, to the extent determined appropriate by Consultant, to subcontract any portion of the work to be performed under this Agreement. Consultant shall be responsible to City for the actions of persons and firms performing subcontract work. The subcontracting of work by Consultant shall not relieve Consultant, in an)' manner, of the obligations and requirements imposed upon Consultant by this Agreement.

10.13 Tenn; Termination
The term of this Agreement shall commence upon City's issuance to Consultant of a notice to proceed for all or a portion of the work, as hereinabove provided, and shall end upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, including any and all retentions.

Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whosoever by giving at least ten (10) days' prior written notice of such termination to Consultant.

Professional Services Agreement:
2024 MASTER WATER PLAN
Joey Forseth-Deshais, City Manager
City of Anderson
1887 Howard Street
Anderson, CA 96007
6 Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.

SECTION 11- SPECIAL PROVISIONS
This Agreement shall include all special provisions, if any, as are set forth on EXHIBIT "E,, entitled "SPECIAL PROVISIONS,,,
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement the day and rear first above written.

CITY OF ANDERSON
Joey Forseth-Deshais
City Manager
Date
ATTEST:

Christy White
City Clerk
Professional Services Agreement:
2024 MASTER WATER PLAN
PACE ENGINEERING, INC.

Print Name: ______ _
Title: ________ _
Dare
7 PROPOSAL
August 9, 2024
Adam Whelen
City of Anderson
1887 Howard Street
Anderson, CA 96007
[email protected]
Dear Adam,
Subject: PROPOSAL FOR ENGINEERING SERVICES
Master Water Plan
5155 VENTURE PARKWAY
REDDING, CA 96002
(5 30) 244-0202
PACE Engineering, Inc. (PACE) is pleased to provide this proposal to the City of Anderson (City).

It is our understanding that the City desires to complete a Master Water Plan. The City' s last Master Water Plan was completed in 2006 and, since then, the City has made significant modifications to its water system. As a result, a new Master Water Plan is needed to re-evaluate the current water system and guide the City's future improvements. Our proposed Scope of Services is shown below:

SCOPE OF SERVICES
TASK 100-CITY DATA REVIEW
The City has developed a Geospatial Information System (GIS) that includes their water system.

The data contained within the water system GIS can be used as the basis for a hydraulic model; however, it is our understanding that the accuracy of this data varies widely depending on location. A review of this data is necessary before it can be used in a hydraulic model. The effort required to perform this task depends on the accuracy of the initial data, which is unclear at this time. The following item will be completed:

1. PACE will review existing City water system GIS and compare it to mapping provided by the City.

TASK 200- MAPPING UPDATE
PACE will prepare an updated dataset for use in the hydraulic model. This effort will include:

1. A kickoff meeting with City staff to review existing system and needed information.

2. Development of a simplified water system backbone based on data developed in Task 100.

PROPOSAL
TASK 300- HYDRAULIC MODELING

Page 2 ends

Master Water Plan
Based on the data developed in Task 200, the following hydraulic models will be developed using AutoDesk's lnfoWater Pro and Esri's ArcGIS Pro:

1. Base Model - PACE will develop a Base Model that represents the existing system and will be calibrated (refer to Task 400). The Base Model will include:
a. Existing peak daily and hourly demands.
b. Existing water mains, storage, and pumping facilities. c. Calibrating the model based on data collected in the field. d. Assumed required fire flow based on City-provided requirements. e. The Base Model will be used to propose water main, storage, and pumping facilities to remediate existing and near-term water system deficiencies.

2. 2044 Model - PACE will develop a 2044 Model that will:
a. Utilize the Base Model as a starting point.
b. Include 20-year water demands based on input from the City. These demands will include planned developments and/or infill within the existing service area boundary.
c. Calibrate the model.
d. The 2044 Model will be used to propose water main, storage, and pumping facilities to remediate 20-year water system deficiencies.

3. Ultimate Model- PACE will develop an Ultimate Model that will:
a. Utilize the 2044 Model as a starting point.
b. Include ultimate water demands based on permissible development densities and input from the City.
c. Calibrate the model.
d. The Ultimate Model will be used to propose water main, storage, and pumping facilities to remediate ultimate water system deficiencies.

TASK 400- MODEL CALIBRATION FIELD WORK
Based on the data developed in Tasks 100 through 300, the Base Model will be calibrated to the degree practical from data collected in the field. This will largely be based on fire flow information. This effort will include the following:

1. PACE will review the fire flow data provided by the City.

2. PACE will field test the fire hydrants with the City's assistance.

3. PACE will finalize the hydrant curves for the Base Model.

TASK 500- REPORT
Based on the models developed in Task 300, a draft Master Water Plan report will be developed.

The report will include following:

1. Summary of the Existing Water System:
• Supply
• Treatment (general description)
• Pressure zones

PROPOSAL
• Storage
• Booster pump stations
• Pressure reducing and automatic valves
• Distribution system
• Fire flow and system analysis

2. Future Water Demands:
• Service area
• Growth projection
• Projected water demands

3. Analysis and Recommended Improvements:
• General
• Supply
• Treatment (general evaluation)
• Pressure zones
• Storage
• Booster pump stations
• Pressure reducing and automatic valves
• Distribution system
• Fire flow
• Monitoring, alarm, and control systems

4. Cost Estimates and Financial Considerations:
• Basis
• Improvement costs
• Financial considerations

5. Supporting Figures, Tables and Plates

Page 3 ends

Master Water Plan
Five hard copies of the draft Master Water Plan will be submitted to the City for comment. City comments will then be incorporated into a final Master Water Plan, of which twenty hard copies will be submitted to the City. PACE will be available to present the final Master Water Plan to the City Council.

ITEMS NOT INCLUDED
The following items are not included in the above Scope of Services:

1. Groundwater assessment

2. Supplemental Water Supply Feasibility Analysis

3. Urban Water Management Plan

4. Environmental documentation

5. Consultation with authority(ies) having jurisdiction

6. Final design of proposed improvements

7. Cost estimates with accuracy beyond budgetary

PROPOSAL
FEE

Page 4 ends

Master Water Plan
Our proposed fee for completing the identified Scope of Services is shown below. Refer to attached Fee Estimate and Person-Hour Breakdown. The fee assumes the majority of the Scope of Services will be completed in 2025 and accounts for typical inflationary increases in our standard rates. Given the uncertainty surrounding Task 100, it will be completed on a time-and-expense basis not to exceed without prior approval. The remainder of the task will be billed on a percent complete basis.

Task 100 - City Data Review:

Task 200- Mapping Update:

Task 300- Hydraulic Modeling:

Task 400 - Model Calibration Field Work:

Task 500 - Report:

Total:
$8,000
$25,000
$124,000
$14,000
$46,000
$217,000
Thank you again for the opportunity to submit this proposal. Please contact me if you have any questions.

Sincerely,
Seth
~ Petrie, P.E.

Principal Engineer
SP/GM
Enclosure
c: Peter Wickenheiser, City of Anderson, [email protected] M:\Jobs\00.04\2024\City of Anderson\Master Water Plan Update\Proposal Ltr • MWP.do¢x ·~~~~ FEE ESTIMATE AND PERSON-HOUR BREAKDOWN
No. Work Task !Description Principal Engr SeniorEngr EngrGrade4 EngrGrade 3 1 100 Cltv Data Review
2 Review existina GIS/Ma<H>in,, data 1.0 I 2.0 I I 40.0 I 3 Subtotal 1.0 I 2.0 I 0.0 I 40.0 I
4 200 Mannina U""ate
5 Proiect Kickoff and Scooina 2.0 I 8.0 8.0 I 8.0 I
6 PreDare water svs,em backbone for exoon I 20.0 20.0 I 40.0 I 7 Subtotal 2.0 I 28.0 28.0 I 48.0 I
8 300 HVdraullc Modallna
9 Existina Condition
10 DeveloD Base Model 2.0 40.0 40.0 8.0
11 DeveloD Base Model demand 2.0 30.0 8.0
12 Calibrate Base Model 20.0 20.0
13 Evaluate existina svstem deficiencies 2.0 20.0
14 Develoi> existina and near-term svstem 1morovements 2.0 16.0 8.0 15 Develoi> Plates and F1aures 1.0 8.0 8.0 16.0
16 2044 Condition
17 DeveloD 2044 Model 2.0 16.0 16.0 8.0
18 Develoo 2044 Model demand 2.0 10.0 8.0
19 Calibrate 2044 Model 16.0 16.0
20 Evaluate 2044 svs1em deficiencies 2.0 16.0
21 Develoo 2044 svstem imorovements 2.0 16.0 8.0
22 Develoo Plales and Fiaures 1.0 8.0 12.0 16.0
23 Ultimate Condition
24 Develoo Ultimate Model 2.0 12.0 12.0 4.0
25 Devetoo Ultimate Model demand 2.0 10.0 4.0
26 Calibrate Uttimate Model 8.0 8.0
27 Evaluate ultimate svstem deficienaes 2.0 8.0
28 Devetoo ultimate svstem imorovements 12.0
29 Devetoo Plates and Fiaures 1.0 4.0 12.0 16.0
30 Subtotal 25.0 270.0 160.0 88.0
31 400 Model Calibration Field Work
32 Field test fire hvdrants (assumes two davs field testinal 16.0 16.0 33 Review Citv fire flow data 8.0 8.0
34 Finalize hvdrant curves for Base Model 8.0 4.0
35 Subtotal 0,0 32.0 28.0 0.0
36 500 Ranort
37 Coordination and oroiect manaaement 8.0 8.0
38 Preoare draft Master Water Plan reoort and submit to the Citv 8.0 40.0 60.0 39 Discuss and evaluate final chanaes to draft Master Wat.er Plan 6.0 6.0 40 Finalize Master Water Plan reDOrt and submil to the Citv 2.0 12.0 12.0 41 Preoare for final Master Water Plan oresentation 2.0 4.0 4.0 42 Present final Master Water Plan lo Citv Council 6.0 6.0 43 Subtotal 24.0 76.0 84.0 0.0
44 45 T o1al Per50n-Hoursl 52 I 408 300 I 176 I
46 Labor Cost Per Hoor• S 253Ts 242 s 215Ts 195 I$
47 Labor Cost Per Classification I S 13.681TS 98,689 s 64 927T S 343561$ M \Joln\00.04\2024\CHy of Andarson\Masler W.a1&r Plan Upda1e\Et1Q_Fee_Esllnate . .dsx Client:

Project:

Date:

Job Number:

City of Anderson

0.04 8/9/2024
None
Survey Mgr Survey Office Office Staff Category
Subtotal
I I I$ 8 555

0.0 I 0.0 I 0.0 IS 8.555
I i IS 5 754

2.0 I 8.0 I IS 19.020

2.0 I 8.0 I 0.0 I$ 24 774
$ 20 420
$ 9.344
$ 9166
s 5.364
s 6128

1.0 $ 7.156
s 9.421
s 4 507
$ 7.333
$ 4.396
$ 6.128

1.0 $ 8.021
$ 6.807
s 3 726
s 3 666
s 2.461
s 2.903

1.0 s 7.054

0.0 0.0 3.0 s 124.001
$ 7.333
$ 3.666
s 2.801

0.0 0.0 0.0 s 13.800
s 3.666

12.0 s 26.001

4.0 s 3442

16.0 s 7.672
s 2 359
s 3.030

0.0 0.0 32.0 s 46.170
2 I 8 I 35 I 981
242 I$ 195 I$ 103 I NIA
4841 S 1 562 $ 3 602 I !.217 301
TOTAL COST ESTIMATE: $217,301
5155 VENTURE PARKWAY
REDDING, CA 96002
(530) 244-0202

FEE SCHEDULE

RA TES FOR PROFESSIONAL SERVICES
Effective through December 31, 2024

LABOR CLASSIFICATION
Managing Engineer
Principal Engineer/Surveyor
Senior Engineer/Surveyor
Associate Engineer/Surveyor
Staff Engineer/Surveyor - Grade 3
Staff Engineer/Surveyor - Grade 2
Staff Engineer/Surveyor - Grade 1
Technician 4
Technician 3
Technician 2
Technician 1
One-Man Survey Crew
One-Man Survey Crew (O/T)
Two-Man Survey Crew
Two-Man Survey Crew (O/T)
Three-Man Survey Crew
Three-Man Survey Crew (O/T)
Admin. Clerk 3
Ad min. Clerk 2
Admin. Clerk 1

BILLING CLASS
E7
E6/LS6
E5/LS5
E4/LS4
E3/LS3
E2/LS2
El/LSl
T4
T3
T2
Tl
SCl
SClx
SC2
SC2x
SC3
SC3x
AD3
AD2
AD1

EXPENSES
Meals and Lodging: At cost (out-of-town and overnight work only).

HOURLY RATE
$263
$248
$228
$204
$184
$173
$157
$173
$156
$141
$123
$289
$339
$367
$434
$453
$531
$97
$86
$79
Vehicle Transportation: Included in hourly rates unless specifically indicated otherwise in Agreement.

Hourly labor rates are applicable during travel to and from job site.

Express Mail/Federal Express: At cost.

Outside Services and Fees: At cost plus 10% administrative fee.

Equipment: Included in hourly rate unless spetlhcally indicated otherwise In Agreement.

Rates for expert witness services will be a.s set forth in the Engineering Agreement.

Rates are effective through the date shown above and are subject to annual revisions. Services will be billed at the hourly rates in place at the time service is provided.

Refer to Prevailing Wage Fee Schedule for hourly rates on prevailing wage projects.

I
EXHIBIT "A"
2024 MASTER WATER PLAN
Project will prepare a Master Water Plan (MWP), Hydraulic Model, and Capital improvement update for the City of Anderson.

Professional Services Agreement: EXHIBIT "A"
EXHIBIT "8"
SCOPE OF SERVICES-BASIC; SCOPE OF SERVICES
The consultant shall provide services as described in the "PROPOSAL FOR ENGINEERING SERVICES Master Water Plan" as prepared by PACE Engineering on August 9, 2024. The scope is attached.

Professional Services Agreement: EXHIBIT "B"
EXHIBIT "C"
SCOPE OF SERVICES-ADDITIONAL; COMPLETION SCHEDULE
No additional services are scheduled at this time. Completion is scheduled for Spring 2026.

Professional Services Agreement: EXHIBIT "C"
EXHIBIT "D''
COMPENSATION; PAYMENT OF FEES
The consultant shall provide services as described in the "PROPOSAL FOR ENGINEERING SERVICES Master Water Plan" as prepared by PACE Engineering on August 9, 2024. The scope is attached.

The lump sum fee for the services, as described in Exhibit "B" - Scope of Services, is $217,000.00
Personal Services Agreement: EXHIBIT "D"
EXHIBIT "E"

SPECIAL PROVISIONS

INSURANCE REQUIREMENTS FOR CONSULTANT
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims and injuries to persons or damages to property which may arise from or in connection with the work hereunder by the CONSULT ANT, his agents, representatives, employees or subcontractors. The cost of such insurance shall be the sole responsibility of the CONSULTANT.

A. Minimum Scope of Coverage:

Insurance shall cover:

1. Professional Liability.

2. Comprehensive General Liability.

3. Automobile Liability.

4. Workers Compensation.

B. Minimum Limits of Insurance:

1. Professional Liability: $2,000,000 errors and omissions.

2. Comprehensive General liability: S2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.

3. Automobile Liability: S1,000,000 combined single limit per accident for bodily injury and property damage.

4. Workers Compensation: Limits as set forth in the Labor Code of the State of California.

C. Deductibles:

Any deductibles must be declared to and approved by the City.

D. Other Insurance Provisions:

The Policies must contain the following provisions:

Professional Services Agreement: EXHIBIT "E"
The coverage shall contain no special limitations on the scope of protection afforded to the Citr, its officials, employees and volunteers. b. The CONSULTANT's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance maintained by the City, its officials, employees and volunteers shall be excess of CONSULT ANT's insurance and shall not contribute with it. c. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees and volunteers. d. coverage shall state that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's liability.

2. \'(iorkers Compensation:

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees and volunteers for losses arising from work performed by CONSULTANT for the City.

3. All Coverage:

E. Acceptability of Insurers:

Insurance shall be placed with insurers admitted to do business in California and with a Best rating of no less than A+.

F. Verification of Coverage:

CONSULTANT shall furnish the City with certificates of insurance coverage with the City named as an additional insured, and with original endorsements affecting coverage as required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates arc to be receh·ed and approved by the City before work commences.

G. Subcontractors:

Professional Services Agreement: EXHIBIT .. E"

AGENDA ITEM
~eptember 17, 2024, City Council Meetin~
d for Submittal By:

Adam Whelen, Public Works Director
To:

Through:

From:

Date:

I SUBJECT
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Adam Whelen, Public Works Director
September 17, 2024
McMurry Drive Rehabilitation Project-Authorization to Award

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

1. Award the McMurry Drive Rehabilitation Project contract to J.F. Shea Construction, Inc. for $777,747.00.

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.

I FISCAL IMPACT
The Engineers Estimate was $1,000,000 and will be funded from the Regional Surface Transportation Program, SBl Gas Tax, and Local Transportation Funds. The lowest responsible bidder had a bid of $777,747.00. Change orders as a contingency not to exceed $155,549.40 (20% of $777,747.00). The total fiscal impact is estimated to be $933,296.40 ITEM 8.9c PAGE1 9/17/2024
I DISCUSSION and BACKGROUND
Historically McMurry Drive has been a two-lane road but is classified as a minor arterial connecting Balls Ferry Road to North Street. With the construction of Interstate 5, McMurry Drive became the arterial between the Northbound Interstate 5 off-ramp and Northbound Interstate 5 on-ramp. As additional developments occurred, frontage improvements were made to construct curb, gutter, and sidewalk. As these developments were completed, the road was widened to match the 84' Right of Way. However, as this was done, the layout of travel lanes did not change, except for the Southerly section below Ganyon Drive to Balls Ferry Road. When Rite Aid was developed on the Northerly section, a second lane was added from their parcel limit to North Street. The layout and capacity of the road didn't change again until Quick Quack was developed in 2022.

On July 5, 2022, a reimbursement agreement with Quick Quack was approved to design, construct, and install off-site improvements to provide continuity for McMurry Drive. This extended the arterial design that Rite Aid had started back in 2006. This design established two 12' travel lanes and a 4' bike lane consistent with the City of Anderson Construction Standards 112.70 and the General Plan Circulation Element.

At the June 4, 2024, City Council meeting, the task order for GHD's proposal to create a 100% plans, specifications, and exhibits (PSE) package for the rehabilitation of McMurry Drive was approved.

This design creates a well-defined roadway with two travel lanes and a 4' bike lane for Northbound and Southbound directions. The exception to this design is for three parcels created by Parcel Map 22-02. To complete the gap between Anderson Walk-In Clinic and Round Table Pizza, the developer was conditioned to construct complete frontage improvements, including curb, gutter, sidewalk, and paving. This area will be designed and designated to be constructed privately. This design will be provided to the developer to aid in their construction efforts. Completing this during the overall design process ensures continuity throughout the project.

At the August 20, 2024, City Council meeting, staff was directed to advertise the project for bid.

The project was advertised on August 21, 2024, on CIPList. Sealed bids were opened on September 11, 2024, in the City Council chambers, and the lowest responsible bidder was J.F. Shea Construction, Inc., with an apparent low bid of $777,747.00. !ATTACHMENT

1. Bid Summary

2. Title Sheet.

ITEM 8.9c PAGE2 9/17/2024
CltV of AndeHGn

BID SUMMARY
cnv Of ANDERSON McMurry Drlw Rehabilitation Project

ITEM NO ITEMCOOE ITEM DESCRIPTION
1 OSOOlOA CONSTRUCTION STAKING
2 060000A CONTRACTOR MATERIAL TESTS
3 120090 CONSTRUCTION AREA SIGNS
4 120100 TRAFFIC CONTROL SYSTEM
5 124000 TEMPORARY PEDESTRIAN ACCESS ROUTE
6 128652 PORTABLE CHANGEABLE MESSAGE SIGN (LS)
7 130100 JOB SITE MANAGEMENT
B 190101 ROADWAY EXCAVATION
9 260203 CLASS 2 AGGREGATE BASE
10 390132 HOT MIX ASPHALT (TYPE A)
11 398200A COLD PLANE ASPHALT CONCRETE PAVEMENT (0.10' THICK) 12 3982008 COLD PLANE ASPHALT CONCRETE PAVEMENT (0.30' THICK) 13 398200C COLO PLANE ASPHALT CONCRETE PAVEMENT (0.60' THICK) COLD PLANt ASPHALI \.Vm."c, c ~MVCMCN (0,1,(J' "'"~ m n '-"V»- 14 3982000 SLOPE CORRECTION)
15 710208A ADJUST FRAME ANO COVER TO GRADE (MANHOLE)
16 731521 MINOR CONCRETE (SIDEWALK)
17 780270A ADJUST FRAME ANO COVER (WATER VALVE)
18 780254 ADJUST ACC!SS BOX fRAME AND COVER (UTILITY>
19 810120 REMOVE PAVEMENT MARKER
20 810170 DEUNEATOR (CIASS 1)
21 810230 PAVEMENT MARKER (RETROREFLECTIVE)
22 820220A REMOVE OBJECT MARKER ANO DEUNEATOR
23 820130A OBJECT MARKER (TYPE QI
24 820131 OBJECT MARKER (TYPE K)
2S 820230 REMOVE SIGN
26 820310 REMOVE ROADSIDE SIGN PANEL
27 820590 RELOCATE ROADSIOE SIGN-ONE POST
28 820600 RELOCATE ROAOSIOE SIGN•TWO POST
29 820510 RESET ROADSIDE SIGN
30 820840 ROADSIDE SIGN • ONE POST
31 820860 INSTALL SIGN (STRAP ANO SADDLE BRACKET METHOD) 32 820900 INSTALL ROADSIDE SIGN PANEL ON EXISTING POST
33 840519 TtiERMOPLASTIC CROSSWAUC ANO PAVEMENT MARKING 34 840560 THERMOPLASTIC TRAFFIC STRIPE (SPRAYABLE)
35 872133 MODIFYING SIGNAL AND LIGHTING SYSTEMS

UNIT OF ESTIMATED
MEASURE QUANTllY
lS 1
LS 1
LS 1
LS 1
LS 1
LS 1
LS 1
CY 150
CY 100
TON 3700
SQYD 2770
SQYD 1130
SQYD 7520
SQYD 180
EA 7
SQFT 152
EA 12
EA 1
LS 1
EA 3
EA 460
LS 1
EA 12
EA 2
EA 2
EA l
EA 3
EA 1
EA 1
EA 3
EA 2
EA 1
SQFT 1280
Lf 10300
LS 1
JF Shea S.T. RhoadesConwuctlon Inc
Unit Price Item Total Total Unit Price ltomTotat Total
-- $ 10,600.00 $10,600.00 - $10,000.00 $10,000.00
------ s11,200.00 $11,200.00
------ $13,000.00 $13,000.00
------- SS,000.00 $5,000.00 ----- $6,500.00 S6,SOO.OO
------- $109,800.00 S109,800.00 ----- $111,800.00 $111,800.00 ------- $1,700.00 $1,700.00
------ $5,000.00 $5,000.00
------ $2,500.00 $2,500.00 $4,000.00 $4,000.00
$1,700.00 $1,700.00 ~ $5,000.00 SS,000.00
SS6.00 S8,400.00 $8,400.00 $98.00 $14,700.00 $14,700.00 $87.00 $8,700.00 $8,700.00 SlSS.00 $15,500.00 $15,500.00 $11S.OO $425,500.00 $425,500.00 $154.00 $569,800.00 Ss69,800.00 $3.00 S8,310.00 S8,310.00 $3.00 $8,310.00 $8,310.00
$7.00 $7,910.00 $7,910.00 $7.00 $7,910.00 $7,910.00
S6.00 $45,120.00 $45,120.00 S9.00 $67,680.00 $67,680.00 $35.00 $6,300.00 $6,300.00 $16.00 $2,880.00 $2,880.00
$1,800.00 $12,600.00 $12,600.00 $1,100.00 $7,700.00 $7,700.00 $35.00 $5,320.00 $5,320.00 $45.00 $6,840.00 $6,840.00
Sl.100.00 S13,200.00 S13,200.00 suoo.oo $13,200.00 S13.200.00 $4,050.00 $4,050.00 $4,050.00 $4,262.00 $4,262.00 $4,262.00 ----- $S30.00 $S30.00 - SS00.00 $500.00
$68.00 S204.00 S204.00 $150.00 $4S0.00 $450.00
S6.00 $2,760.00 S2,760.oo $6.00 $2,760.00 $2,760.00
-------- $360.00 $360.00
------ $1,100.00 $1,100.00
$65.00 $780.00 S780.00 $60.00 $720.00 $720.00
$75.00 $1S0.00 $150.00 S12S.00 $250.00 S250.00
S150.00 $300.00 $300.00 S17S.OO $350.00 $350.00
$150.00 $150.00 $1S0.00 $300.00 S300.00 $300.00
S525.00 $1,575.00 S1,57S.OO $1,330.00 $3,990.00 $3,990.00 $750.00 $750.00 $7S0.00 $895.00 $89S.OO $89S.00
$525.00 $52S.OO $525.00 $835.00 $83S.OO $83S.OO
$6S0.00 $1,950.00 $1,950.00 $875.00 $2,625.00 $2,625.00 S525.oo $1,050.00 $1,050.00 $57S.OO $1,150.00 51,150.00 $450.00 $450.00 $450.00 $850.00 $850.00 $850.00
$10.00 $12,800.00 $12,800.00 510.00 $12,800.00 $12,800.00 S1.96 $20,188.00 $20,188.00 $1.85 $19,055.00 $19,055.00 ----- $45,315.00 $45,315.00 --- $42,750.00 $42,750.00
$777,747.00 $965,462.00
9/ 12/2024
I Danen Taylor Conslructlon Sunrise Excavatlnc
I Unit Price llemTolal Total Unit Price Item Total
-- $5,000.00 $5,000.00 $6.000.00
- $10,000.00 S10,000.00 $20,000.00
-- $7,150.00 $7,150.00 $7,000.00
-- $45,900.00 $45,900.00 $100,000.00
- $10,000.00 $10,000.00 S2,soo.00
-- $5,000.00 $5,000.00 $3,000.00
- $9,000.00 $9,000.00 $36,000.00
$150.64 $22,596.00 S22,596.00 $100.00 $15,000.00
$244.62 S24,462.00 $24,462.00 S127.00 $12,700.00
S160.60 $594,220.00 $594,220.00 $155.00 $573,500.00
$3.21 $8,891.70 $8,891.70 $15.00 $41,550.00
$8.17 $9,232.10 $9,232.10 S15.00 $16,950.00
$6.82 $51,286.40 $51,286.40 S15.00 $112,800.00
$136.87 $24,636.60 $24,636.60 S15.00 $2,700.00
$2,000.00 $14,000.00 $14,000.00 Sl,200.00 $8,400.00
$6S.80 $10,001.60 $10,001.60 $30.00 $4,560.00
s1.000.00 $12,000.00 s12,000.00 $800.00 $9,600.00
$3,000.00 $3,000.00 $3,000.00 S1,500.00 Sl,S00.00
- S1,000.00 $1,000.00 $25.00
$165.00 $495.00 $495.00 $175.00 $525.00
S6.7S $3,105.00 $3,105.00 $7.00 $3,220.00
------- $5,000.00 $5,000.00 $25.00
$66.00 $792.00 $792.00 $70.00 $840.00
S138.00 $276.00 $276.00 $135.00 $270.00
$192.00 $384.00 $384.00 $200.00 $400.00
S330.00 $330.00 $330.00 S350.00 $350.00
$1,463.00 $4,389.00 $4,389.00 $1,400.00 $4,200.00
$985.00 $985.00 $98S.OO s1,000.00 $1,000.00
$920.00 S920.00 $920.00 $900.00 $900.00
$962.00 $2,886.00 $2,886.00 $950.00 $2,850.00
$632.00 $1,264.00 $1,264.00 $62S.OO S1,250,00
$935.00 $935.00 $935.00 $900.00 $900.00
S6.50 $8,320.00 $8,320.00 $7.00 $8,960.00
$1.80 $18,540.00 $18,540.00 S2.00 $20,600.00
-- $47,750.00 $47,750.00 $47,500.00
[ $963,747.40 [ $1,067,575.00
Total Unit Price
$6,000.00
$20,000.00 ------ $7,000.00 ------ S100,000.00 -- S2,soo.00 ------ - $3,000.00 - $36,000.00 - $15,000.00 S125.00 $12,700.00 5150.00
$573,500.00 S155.00
$41,550.00 $10.00
$16,950.00 $10.00
$112,800.00 510.00
$2,700.00 $10.00
$8,400.00 $3,000.00
$4,560.00 $7S.OO
$9,600.00 $2,000.00
$1,500.00 $8,500.00
S25.00 - $525.00 $65.00
$3,220.00 S6.75
$25.00
$840.00 ------ $65.00
$270.00 $75.00
$400.00 $1S0.00
S350.00 $150.00
$4,200.00 $525.00
$1,000.00 $750.00
$900.00 $525.00
$2,850.00 $650.00
$1,250.00 $525.00
$900.00 $450.00
$8,960.00 56.50
$20,600.00 $1.80
$47,500.00
--
$979,950.00
Bid Opening: 09/11/2024 2:00PM
Location: Anderson aty Hall
Tullis~ Inc.

Item Total Total
S2,500.00 S2,500.00
$20,000.00 s20.000.00
$5,000.00 S5,ooo.oo
$74,000.00 $74,000.00
$2,500.00 $2,500.00
$5,000.00 $5,000.00
$750.00 S7S0.00
$18,750.00 $18,750.00
$15,000.00 $15,000.00
$573,500.00 $573,500.00
$27,700.00 $27,700.00
S11,300.00 $11,300.00
$75,200.00 $75,200.00
$1,800.00 $1,800.00
$21,000.00 $21,000.00
$11,400.00 $11,400.00
$24,000.00 $24,000.00
$8,500.00 $8,500.00
s1.100.00 $1,100.00
S19S.OO $195.00
$3,105.00 $3,105.00
$360.00 S360.00
$780.00 $780.00
$150.00 $150.00
$300.00 $300.00
S150.00 $150.00
$1,575.00 S1,575.00
$7S0.00 S750.00
S525.00 $525.00
$1,950.00 $1,950.00
$1,050.00 $1,050.00
$450.00 $450.00
$8,320.00 $8,320.00
$18,540.00 $18,540.00
$42,750.00 $42,750.00
Averase:

S6,820.00
$14,840.00
$6,130.00
$88,300.00
$4,340.00
$3,900.00
$10,490.00
S15,889.20
$15,272.40
S547.304.00
$18,952.34
$10,660.42
$70.417.28
S7.663.32
$12.740.00
$7,624.32
$14,400.00
$4,262 40
$631.00
S373.80
$2,990.00
$1,369.00
$782.40
$219 20
$346.80
$256.00
$3.14S.80
S876.00
$741.00
$2,452.20
$1,152.80
$717.00
$10,240.00
$19,384.60
$45,213.00
IIIIVW?4

Anderson City CouncilSeptember 17, 2024

Anderson City Council
September 17, 2024