CITY OF ANDERSON
SPECIAL CITY COUNCIL
CLOSED SESSION AGENDA
November 19, 2024
5:30p.m.
ANDERSON CITY HALL
1887 Howard Street
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) or email [email protected] 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.
1.0 ROLL CALL - COUNCIL: Councilmember Baugh
Councilmember Gallagher
Councilmember Gallier
Vice-Mayor Hunt
Mayor Neutze
2.0 Public Comment on Closed Session ltem(s): Anyone in the audience who wants to address the City Council on a subject which is listed under the Closed Session agenda is now invited to come to the podium. Please provide your name and the subject you wish to discuss. Please limit your remarks to 3 minutes or less.
The City Council will convene to Closed Session.
CLOSED SESSION
C.S.1 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS (§ 54956.8) - Property: Anderson River Park - Agency Negotiation: City Attorney Collin Bogener
- Negotiating Parties: California Fish & Wildlife
- Under Negotiation: Transfer of Portions of the Park
3.0 CLOSED SESSION ANNOUNCEMENT: The Mayor will announce the results of the Closed Session.
City Council Meeting
November 19, 2024
Page2
CITY COUNCIL AGENDA
November 19, 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 not 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 !!f"ww.d..andecson.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
November 19, 2024
Page3
REGULAR SESSION- 6;00 P.M,
2.0 ROLL CALL - COUNCIL:
Councilmember Baugh
Councilmember Gallagher
Councilmember Gallier
Vice-Mayor Hunt
Mayor Neutze
3.0 INVOCATION - Reverend Tom Fields will give the invocation.
4.0 PLEDGE OF ALLEGIANCE - Councilmember Mike Gallagher.
5.0 STUDENT REPORTS
5.2 a. A representative from the teen center will give an update on current activities. b. A student from Anderson High School will give an update on student activities.
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 November 5, 2024.
6.2 WARRANTS- Receive and file warrant 33337 to 33382 in the amount of $114,549.91; Receive and file warrant 33383 to 33340 in the amount of $250,617.42; Receive and file ACH in the amount of $55,110.71.
6.10 PUBLIC WORKS - Approve a Mutual Assistance Agreement with the California Water /Wastewater Agency Response Network (CalWARN).
City Council Meeting
November 19, 2024
END OF CONSENT CALENDAR
6.11 ITEMS (IF ANY) REMOVED FROM THE CONSENT CALENDAR - Items removed from the Consent Agenda for discussion will be treated as Regular Agenda items and any member of the public may request to address the Council on any such item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less.
REGULAR AGENDA
8.0 REGULAR AGENDA - Regular Agenda Items will be discussed individually and in order.
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.
PUBLIC WORKS
8.9a RIVER TRAIL STORM DAMAGE REHABILITATION PROJECT BID RECOMMENDED ACTION;
Approve the Plans, Specifications, Estimates, and Contract Documents for the River Trail Storm Damage Rehabilitation Project as prepared by VESTRA Resources Inc., and instruct staff to advertise for bids.
8.9b GATEWAY DRIVE EMERGENCY SEWER REPAIR PROJECT-AUTHORIZATION TO AWARD
RECOMMENDED ACTION;
1. Award the contract for the Gateway Drive Emergency Sewer Repair Project to Lamb Unlimited General Engineering in the amount of $111,186.00.
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 2 0% 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 Bi/11234.)
13.0 CLOSED SESSION ANNOUNCEMENT: The Mayor will announce the results of the Closed Session.
14.0 ADJOURN - The City Council will aa;ourn to December 3. 2024,
1.0 ROLL CALL - COUNCIL:
CITY OF ANDERSON
SPECIAL CITY COUNCIL
CLOSED SESSION AGENDA
November 5, 2024
5:QQ p.m,
DRAFT
Councilmember Baugh
Councilmember Gallagher
Councilmember Gallier
Vice-Mayor Hunt
Mayor Neutze
Public Comment on Closed Session ltem(s): None
PUBLIC EMPLOYMENT (§ 54957)
- Title: Franchise Waste Hauler •
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATIONS (SECTION 54956.8) - Property: 2800 Douglas Street, Anderson, CA 96007 - Agency Negotiation: City Manager Joey Forseth-Deshais - Negotiating Parties: Michael and Judy Hubert
- Under Negotiation: Value of Property
PUBLIC EMPLOYEE PERFORMANCE EVALUTION - (Gov't. Code Section 54957) Title: City Manager
CLOSED SESSION ANNOUNCEMENT
Mayor Neutze announced that the Council sat in Closed Session with no reportable action. 5:42 p.m. ADJOURN - The City Council will adjourn to open session.
ITEM 6.1
ANDERSON CITY COUNCIL MINUTES
Regular Meeting
November 5, 2024
REGULAR SESSION
11/19/2024
City Council Meeting
November 19, 2024
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
Also present: City Manager Joey Forseth-Deshais, City Attorney Collin Bogener, Police Chief Oliver Collins, Public Works Director Adam Whelen, Finance Director Cindy Wheeler and City Clerk Christy White.
INVOCATION
Amarjit Singh of the Sikh Center gave the invocation.
PLEDGE OF ALLEGIANCE
Mayor Stan Neutze led the Pledge of Allegiance.
INTRODUCTIONS
City Manager Joey Forseth-Deshais introduced new Police Chief Oliver Collins. Chief Collins was sworn in and pinned by his wife.
Public Works Director Adam Whelen introduced new Administrative Services Manager Marjorie Truman.
Police Chief Collins introduced new Support/ Administrative Divisions Supervisor Michelle Peppel.
6:21 12.m. THE CITY COUNCIL RECESSED FOR TEN MINUTES FOR REFRESHMENTS 6:33 p.m. CITY COUNCIL ADTOURNED
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Lance Highet spoke to Council regarding a memorial in Anderson River Park for his son.
Tessa Borquez gave a third quarter report on Upstate California Film Commission.
Darin Hale spoke regarding some concerns with the wording in Ordinance No 863.
City Council Meeting
November 19, 2024
CONSENT AGENDA
By motion made, second (Hunt/Gallier) and carried by a 5-0 vote, Council took the following action.
Approved the minutes of the October 1, 2024 regular meeting.
Received and filed warrant 33036 to 33090 in the amount of $417,964.83; Received and filed warrant 33091 to 33148 in the amount of $203,560.20; Received and filed warrant 33149 to 33217 in the amount of$171,132.14; Received and filed warrant 33218 to 33274 in the amount of $176,161.35; Received and filed ACH in the amount of $52,897.39; Received and filed warrant 33275 to 33336 in the amount of $172,875.50.
Received and filed the quarterly treasurer's report for the fiscal quarter ended June 30, 2024.
Adopted Resolution 24-44 amending the job description for Police Lieutenant, adopted Resolution 24-45 amending the job description for Police Sergeant and adopted Resolution 24-76 amending the job description for Police Officer.
Vote: AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hunt, Gallier, Baugh, Gallagher and Mayor Neutze.
None.
None.
None.
ITEM 6.10 WAS PULLED FROM THE CONSENT AGENDA BY COUNCILMEMBER GALLAGHER.
Cross Connection Control Ordinance update to the Anderson Municipal Code.
Councilmember Gallagher pulled the second reading of the Ordinance due to questions with the wording. Public Works Director Adam Whelen along with City Manager Joey Forseth-Deshais provided clarification.
By motion made, second (Baugh/Hunt) and carried by a 5-0 vote, Council took the following action adopted Ordinance No 863 (second reading) amending Chapter 13.44 of the Anderson Municipal Code regarding the Customer Responsibilities of title 13 "water, sewer, and stormwater" of the Anderson Municipal Code to amend the backflow prevention procedures as introduced (first reading) July 16, 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Baugh, Hunt, Gallagher, Gallier and Mayor Neutze.
None.
None.
None.
City Council Meeting
November 19, 2024
Page4of4
REGULAR AGENDA
CITY MANAGER
ROAD CLOSURES ASSOCIATED WITH VARIOUS EVENTS RELATED TO CHRISTMAS IN ANDERSON 2024
City Manager Joey Forseth-Deshais gave a staff report and answered questions from Council.
By motion made, seconded (Hunt/Baugh) and carried by a 5-0 vote Council voted to adopt Resolution No 24-4 7 approving city road closures linked to various activities connected to this year's Christmas in Anderson events.
VQ.te.: AYES: Councilmembers Hunt, Baugh, Gallagher, Gallier and Mayor Neutze.
NOES: None.
ABSTAIN: None.
ABSENT: None.
COUNCIL REPORTS/COMMENTS
Councilmembers used this time to report on meetings and activities they participated in and to announce upcoming events.
ADJOURNMENT
7;09 p.m.; The City Council adjourned to November 19. 2024.
Stan Neutze, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
!November 19, 2024 City Council Meeting!
d for Submittal By:
~ Direct-Oc/ T,eamec
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Finance Director /Treasurer
Date: November 19, 2024
lsueJECT
Receive and File Weekly Warrant Registers.
I RECOMMENDATION
Receive and file warrant 33337 to 33382 in the amount of $114,549.91; Receive and file warrant 33383 to 33340 in the amount of $250,617.42; Receive and file ACH in the amount of $55,110.71.
jATTACHMENT
Warrant Registers.
ITEM 6.2 PAGE1 11/19/2024
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
002101 CHRIS CHIMENTI
PER DIEM-TRAINING 10/28/2024 033337 243.00
000322 AMERICAN FIDELITY ASSURANCE
INSURANCE PREMIUM-OCT 24 11/1/2024 033338 3,487.98
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 PIE 10/25/24 11/1/2024 033339 399.98
000609 AT&T
PHONE CHARGES 11/1/2024 033340 31.57
000615 AT&T CALN ET
PHONE CHARGES 11/1/2024 033341 103.00
001224 STEPHEN BLUNK
CELL PHONE REIMBURSEMENT 11/1/2024 033342 75.00
012266 ALETA CARPENTER
CLEANING DEPOSIT REFUND 11/1/2024 033343 350.00
012237 OLIVER COLLINS
CELL PHONE REIMBURSEMENT 11/1/2024 033344 75.00
012268 ALETHIA CRUZ
KEY DEPOSIT REFUND 11/1/2024 033345 10.00
002974 DEPT OF PESTICIDE REGULATION
CERTIFICATE RENEWAL-KNIGHT 11/1/2024 033346 270.00
003205 DULTMEIER SALES
PARTS 11/1/2024 033347 1,497.77
003423 ENERPOWER
UTILITIES 11/1/2024 033348 8,246.00
012267 CARMEN ESQUIVEL
CLEANING DEPOSIT REFUND 11/1/2024 033349 350.00
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
003618 FERGUSON WATERWORKS #1423
SUPPLIES 11/1/2024 033350 6,776.32
003623 MELISSA FERKEY
CLEANING DEPOSIT REFUND 11/1/2024 033351 350.00
003631 SAVANNA FERNANDEZ
CLEANING DEPOSIT REFUND 11/1/2024 033352 200.00
011976 JOEY FORSETH-DESHAIS
CELL PHONE REIMBURSEMENT 11/1/2024 033353 75.00
011883 ADAM FROEBER
CELL PHONE REIMBURSEMENT 11/1/2024 033354 75.00
012046 HARDWARE EXPRESS
REFUND OVRPYMT OF BUS LICENSE 11/1/2024 033355 36.00
012270 KASANDRA HARRIS
39 WATER DEPOSIT REFUND 11/1/2024 033356 20.15
004693 SUSAN JEANNINE HENDRICKSON
PROFESSIONAL SERVICES 11/1/2024 033357 165.00
011756 HENKELS & MCCOY, INC
REFUND DUPE PYMT-BUS LICENSE 11/1/2024 033358 79.00
004811 HILLYARD, INC.
SUPPLIES 11/1/2024 033359 326.63
005172 J.F. SHEA CONSTRUCTION, INC.
MATERIALS 11/1/2024 033360 1,105.64
005401 NICHOLAS JONES
CELL PHONE REIMBURSEMENT 11/1/2024 033361 75.00
011792 MISSIONSQUARE-302204
PLAN #302204 PE 10/25/24 11/1/2024 033362 3,360.00
012265 SERENNA MOREFIELD
CLEAf\JING DEPOSIT REFUND 11/1/2024 033363 250.00
Page2
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
007118 MUTUAL OF OMAHA
INSURANCE PREMIUM-NOV 24 11/1/2024 033364 2,061.65
007618 PACE SUPPLY CORP.
SUPPLIES 11/1/2024 033365 29,604.73
007729 PATRICK WARREN CONSTRUCTION, I
REFUND OVRPYMT ON BUS LICENSE 11/1/2024 033366 55.00
008181 QUADIENT FINANCE USA, INC.
METERED POSTAGE 11/1/2024 033367 1,500.00
008239 THE RADAR SHOP
PROFESSIONAL SERVICES 11/1/2024 033368 560.00
008405 REDDING RANCHERIA
CLEANING DEPOSIT REFUND 11/1/2024 033369 750.00
009256 SCP DISTRIBUTORS, LLC
SUPPLIES 11/1/2024 033370 1,766.46
009385 SHASTA CO. ARTS COUNCIL
PROFESSIONAL SERVICES 11/1/2024 033371 123.00
012269 SHASTA GROWERS ASSOCIATION
KEY DEPOSIT REFUND 11/1/2024 033372 10.00
009618 SIGNARAMA
PROFESSIONAL SERVICES 11/1/2024 033373 209.70
009968 STARBUCK'S COFFEE #11828
REFUND OVPYMT OF BUS LICENSE 11/1/2024 033374 110.00
010187 SUNRISE EXCAVATING, INC.
PROFESSIONAL SERVICES 11/1/2024 033375 48,050.00
010360 TEXAS LIFE INSURANCE COMPANY
4001 INSURANCE PREMIUM- OCT 24 11/1/2024 033376 1,230.57 010688 ULINE
SUPPLIES 11/1/2024 033377 87.06
Page3
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
010732 UPS
SHIPPING FEES 11/1/2024 033378 98.70
011245 CINDY WHEELER
CELL PHONE REIMBURSEMENT 11/1/2024 033379 75.00
011858 ADAM WHELEN
CELL PHONE REIMBURSEMENT 11/1/2024 033380 75.00
011260 CHRISTY WHITE
CELL PHONE REIMBURSEMENT 11/1/2024 033381 75 .00
011305 PETER WICKENHEISER
CELL PHONE REIMBURSEMENT 11/1/2024 033382 75.00
114,549.91
Page4
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
000017 49ER WATER SERVICES
PROFESSIONAL SERVICES 11/8/2024 033383 325.00
011765 AGILE OCCUPATIONAL MEDICINE, P
PROFESSIONAL SERVICES 11/8/2024 033384 195.00
000454 ANDERSON TROPHIES AND AWARDS
PROFESSIONAL SERVICES 11/8/2024 033385 79.50
000615 AT&T CALNET
PHONE CHARGES 11/8/2024 033386 184.38
000945 BEACON FIRE ALARM & SECURITY,
PROFESSIONAL SERVICES 11/8/2024 033387 195.00
011986 BRAVEHEART COTTAGE
REIMB OVERPYMT OF TOT 11/8/2024 033388 327.04
001750 CALIFORNIA SAFETY CO.
PROFESSIONAL SERVICES 11/8/2024 033389 1,850.00
011804 TERRIE CARSON
PARK RENTAL REFUND 11/8/2024 033390 80.00
002073 CHEMSEARCH
SUPPLIES 11/8/2024 033391 202.95
002213 CLEANRITE-BUILDRITE
DUP. BLDG PERMIT PYMT REFUND 11/8/2024 033392 134.36
002667 CSMFO
MEMBERSHIP DUES-WHEELER 11/8/2024 033393 150.00
012247 CUTTING EDGE PARTS
PROFESSIONAL SVCS & PARTS 11/8/2024 033394 462.89
002974 DEPT OF PESTICIDE REGULATION
CERT RENEWAL-ANDERSON-SMITH 11/8/2024 033395 270.00
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
003534 EWING
SUPPLIES 11/8/2024 033396 458.20
003590 FASTENERS INC.
SUPPLIES 11/8/2024 033397 158.67
003667 FILTRATION TECHNOLOGY
SUPPLIES 11/8/2024 033398 6,306.04
004248 GRAINGER
SUPPLIES 11/8/2024 033399 134.60
012272 STEPHANIE HARDCASTLE
CLEANING DEPOSIT REFUND 11/8/2024 033400 350.00
004592 HAVEN HUMANE SOCIETY
ANIMAL CONTROL SERVICES 11/8/2024 033401 9,068.60
004596 HAWES RANCH & FARM SUPPLY
SUPPLIES 11/8/2024 033402 317.36
004602 BRAD HAWKINS
PER DIEM-TRAINING 11/8/2024 033403 387.00
005076 IBM CORPORATION
PROFESSIONAL SERVICES 11/8/2024 033404 99.00
005111 INLAND BUSINESS MACHINES, INC
MONTHLY LEASE 11/8/2024 033405 271.53
005169 J & T CONSULTING, INC.
PROFESSIONAL SERVICES 11/8/2024 033406 1,930.00
012258 REBECCA LA RIZA
KEY DEPOSIT REFUND 11/8/2024 033407 10.00
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 11/8/2024 033408 90.08
006229 LYRO PRINTING
PROFESSIONAL SERVICES 11/8/2024 033409 291.18
Page2
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
007477 OBSIDIAN IT
PROFESSIONAL SVCS & EQUIPMENT 11/8/2024 033410 39,238.57 007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 11/8/2024 033411 392.52
007618 PACE SUPPLY CORP.
SUPPLIES 11/8/2024 033412 37,272.01
007630 PACIFIC GAS & ELECTRIC
UTILITIES 11/8/2024 033413 96,102.14
012017 PRESYNCED PRODUCTIONS
PROFESSIONAL SERVICES 11/8/2024 033414 1,055.00
011940 QUICK QUACK CAR WASH
CAR WASHES 11/8/2024 033415 759.60
012273 REDDING HEAT SOFTBALL
FIELD RENTAL REFUND 11/8/2024 033416 150.00
012176 RING CENTRAL INC
PHONE CHARGES 11/8/2024 033417 1,801.24
009321 HOPE SETH
PROFESSIONAL SERVICES 11/8/2024 033418 2,400.00
012271 SHASTA-TRINITY NATIONAL FOREST
CLEANING DEPOSIT REFUND 11/8/2024 033419 750.00
010668 TYLER TECHNOLOGIES, INC.
PROFESSIONAL SERVICES 11/8/2024 033420 4,946.25
010732 UPS
SHIPPING FEES 11/8/2024 033421 32.90
010747 US BANK CORP PYMT SYSTEMS
SUPPLIES, EQUIPMENT, TRAVEL 11/8/2024 033422 24,033.05
VOID CHECK 11/8/2024 033423 0.00
Page3
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
VOID CHECK 11/8/2024 033424 0.00
010749 US BANK VOYAGER FLEET SYSTEMS
FUEL CHARGES 11/8/2024 033425 14,898.86
010756 USA BLUEBOOK
SUPPLIES 11/8/2024 033426 87.45
011931 VALLEY TOXICOLOGY SERVICES, IN
PROFESSIONAL SERVICES 11/8/2024 033427 375.00
010918 VIRTUAL PROJECT MANAGER
PROFESSIONAL SERVICES 11/8/2024 033428 1,250.00
011674 WELLS FARGO VENDOR FINANCIALS
MONTHLY LEASE 11/8/2024 033429 357.45
011764 ALEC WHITE
PER DIEM-TRAINING 11/8/2024 033430 387.00
11/7/24 ACH PERS $55,110.71 250,617.42
FOR PAYROLL ENDING 10/11/24
Page4
AGENDA ITEM
!November 19, 2024, City Council Meeting!
ed for Submittal By:
Presented By:
Whelen, Public Works Director
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Adam Whelen, Public Works Director
Date: November 19, 2024
I SUBJECT
Mutual Assistance Agreement with the California Water/Wastewater Agency Response Network (CalWARN)
I RECOMMENDATION
The Public Works Director recommends that the City Council:
Consider authorizing the City Manager to execute an agreement with CalWARN that enables the City of Anderson and other participating water and wastewater agencies in California to provide mutual aid to one another in an emergency.
I FISCAL IMPACT
There is no cost to join CalWARN; its members support the program on a volunteer basis.
I DISCUSSION and BACKGROUND
The California Water/Wastewater Agency Response Network (CalWARN) was established to support and promote statewide emergency preparedness, disaster response, and mutual assistance processes for public and private water and wastewater utilities. It provides a framework for utilities to request and receive assistance from other member utilities during ITEM 6.10 PAGE1 11/19/2024
times of emergent need. The program is based on the principles of mutual aid, collaboration, and resource-sharing to ensure the continued delivery of essential water and wastewater services to communities across the state.
CalWARN is organized into six geographical regions. Shasta County falls within Northern Region III and is comprised of over 40 water and wastewater agencies, including the City of Redding, Shasta Lake City, and Bella Vista Water District. With more than 190 members statewide, participating agencies serve over 90% of Californian residents. The State Water Resources Control Board encourages participation.
Benefits to Joining:
• Common Agreement. The Mutual Assistance Agreement addresses all reimbursement, liability, and procedural issues prior to an emergency. This established framework allows utilities to obtain resources in a timely manner during a time of need.
• No Cost to Join and No Obligation. CalWARN is entirely volunteer-based, which means there is no cost for membership. In the event of an emergency, the Member's Authorized Official may request mutual aid and assistance from participating members. Members are not obligated to respond to a request but may provide resources if available. The Requesting Member shall reimburse the Responding Member for costs incurred for personnel, equipment, materials, and supplies provided during the specified assistance period.
• Interagency Collaboration. Joining CalWARN fosters relationships and resource sharing between neighboring communities, providing access to a network of water and wastewater utilities willing to aid in a crisis.
Joining CalWARN is a proactive step that aligns with the City of Anderson's commitment to ensuring the continued delivery of vital water and wastewater services to our community.
The mutual aid and assistance provided through CalWARN can significantly enhance our City's resiliency in the event of an unforeseen emergency.
I ATTACHMENTS
1. CalWARN Articles of Agreement and Signatory Page
ITEM 6.10 PAGE2 11/19/2024
Attachment
1 Articles of Agreement
2 California Water/Wastewater Agency Response Network
3 WARN 2007 Omnibus Mutual Assistance Agreement
4 5 This AGREEMENT is made and entered into by those water and wastewater utilities which have 6 adopted and signed this agreement to provide mutual assistance in times of emergency in 7 accordance with the California Emergency Services Act and the California Disaster and Civil 8 Defense Master Mutual Aid Agreement; and to provide reimbursement for equipment, supplies 9 and personnel made available on an emergency basis.
10 11 All of said water and wastewater utilities being herein referred to collectively as "the parties." 12 13 In consideration of the mutual covenants and agreements hereinafter set forth, the parties agree 14 to provide mutual assistance to one another in times of emergency as follows:
15 16
17 ARTICLE I.
18 PURPOSE
19 20 Recognizing that emergencies may require assistance in the form of personnel, equipment, and 21 supplies from outside the area of impact, the signatory utilities hereby establish an Intrastate 22 Program for Mutual Aid and Assistance. Through the Mutual Aid and Assistance Program, 23 Members coordinate response activities and share resources during emergencies. This 24 Agreement sets forth the procedures and standards for the administration of the Intrastate 25 Mutual Aid and Assistance Program and is available to all water and wastewater utilities, public 26 and private, in the State of California.
27 28
29 ARTICLE II.
30 DEFINITIONS
31 32 A. Authorized Official- An employee or officer of a Member who is authorized to: (1) request 33 assistance; (2) offer assistance; (3) refuse to offer assistance or (4) withdraw assistance 34 under this.
35 36 B. Emergency- A natural or human caused event or circumstance causing, or imminently 37 threatening to cause impact to the operations of a member utility's system, loss of life, injury 38 to person or property, human suffering or financial loss, and includes, but is not limited to, 39 fire, flood, severe weather, earthquake, civil disturbance, riot, explosion, drought, volcanic 40 activity, spills or releases of oil or hazardous material, contamination, utility or transportation 41 emergencies, disease, blight, infestation, intentional acts, sabotage, declaration of war, or 42 other conditions which is, or is likely to be beyond the control of the services, personnel, 43 equipment, and facilities of a Member and requires mutual assistance. 44 45 C. Member- Any public or private water or wastewater utility that manifests intent to 46 participate in the Mutual Aid and Assistance Program by executing this, the California 47 Water/Wastewater Agency Response Network (CalWARN) Agreement. 48 49 D. Associate Member- Any non utility participant, approved by the State Steering Committee, 50 that provides a support role for the WARN program, for example State Department of Public CalWARN Mutual Aid/Asst Agreement 1 Approved and Adopted September 30, 2007 by Vote of Members
1 Health, or associations, who are members of the Regional or State Steering Committees 2 and do not officially sign the WARN agreement.
3 4 E. Confidential Information - Any document shared with any signatory to this Agreement that 5 is marked confidential, including but not limited to any map, report, notes, papers, opinion, 6 or e-mail which relates to the system vulnerabilities of a Member or Associate Member. 7 8 F. Non-Responding Member-A Member that does not provide assistance during a Period of 9 Assistance under the Mutual Aid and Assistance Program. 10 11 G. Requesting Member - A Member who requests assistance under the Mutual Aid and 12 Assistance Program.
13 14 H. Responding Member - A Member that responds to a request for assistance under the 15 Mutual Aid and Assistance Program.
16 17 I. Period of Assistance - A specified period of time when a Responding Member assists a 18 Requesting Member. The period commences when personnel, equipment, or supplies 19 depart from Responding Member's facility and ends when the resources return to their 20 facility (portal to portal). All protections identified in the Agreement apply during this period. 21 The specified Period of Assistance may occur during response to or recovery from an 22 Emergency.
23 24 J. National Incident Management System (NIMS) - A national, standardized approach to 25 incident management and response that sets uniform processes and procedures for 26 emergency response operations.
27 28 K. Standardized Emergency Management System (SEMS) - A standardized approach to 29 field command and jurisdictional management and response set forth by State of California 30 Code of Regulations for multi-agency or multi-jurisdictional response to an emergency. 31 32
33 ARTICLE Ill.
34 ADMINISTRATION
35 36 The administration of the Water/Wastewater Agency Response Network (WARN) will be 37 through WARN Regional Steering Committees (RSC) and the WARN State Steering Committee 38 (SSC).
39 40 The WARN RSCs will be established by representatives from the Members in that region. A 41 chair and co-chair will be elected and act as administrators for that region. The chair will 42 represent the region on the WARN SSC. Each WARN RSC will sponsor an annual meeting for 43 Members, maintain a data base of all water and wastewater utilities who have signed this 44 Agreement, and meet as a committee to address concerns and procedures for requesting 45 mutual assistance in that region. The regions will be comprised of one or more of the six Office 46 of Emergency Services (OES) mutual aid regions.
47 48 The WARN SSC will include the chairs of the regional steering committees, and a 49 representative from the California Department of Public Health (CDPH), California Utilities 50 Emergency Association (CUEA), Department of Water Resources (DWR), the American Water 51 Works Association (AWWA) Emergency Planning Committee, California Rural Water CalWARN Mutual Aid/Asst Agreement 2 Approved and Adopted September 30, 2007 by Vote of Members
1 Association (CRWA) and California Sanitation Risk Management Authority (CSRMA). The SSC 2 will identify a Chair for the purpose of leading the SSC and act as a point of contact for the 3 WARN SSC. At a minimum, the WARN SSC will meet annually and issue a list of participating 4 utilities. The database will be maintained on the WARN website, managed by a volunteer 5 • Member, as appointed by the SSC.
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
ARTICLE IV.
PROCEDURES
A. In coordination with the Regional Steering Committees, emergency management and public health system of the state, the State Steering Committee shall develop operational and planning procedures for the Mutual Aid and Assistance Program. These procedures shall be consistent with the Standardized Emergency Management System (SEMS) and the National Incident Management System {NIMS), reviewed at least annually and updated as needed by the State Steering Committee.
B. Requests for emergency assistance under this Agreement shall be directed to the appropriate Authorized Official(s) from the list of Members.
C. Consistent with SEMS, when more than one County is impacted by a disaster, requests for mutual assistance under this Agreement may be channeled through the CUEA Utility Operation Center to ensure maximum effectiveness in allocating resources to the highest priority needs.
ARTICLE V.
REQUESTS FOR ASSISTANCE
In general, assistance will be in the form of resources, such as equipment, supplies, and personnel. Assistance shall be given only when Responding Member determines that its own needs can be met while rendering assistance. The execution of this Agreement shall not create any duty to respond on the part of any party hereto. A potential Responding Member shall not be held liable for failing to provide assistance. A potential Responding Member has the absolute discretion to decline to provide any requested assistance.
A. Member Responsibility - Members shall identify an Authorized Official and alternates; provide contact information including 24-hour access; and maintain resource information made available by the utility for mutual aid and assistance response, as allowed by utility policy. Such information shall be updated annually or as changes occur (whichever is sooner), provided to the State Steering Committee, and uploaded into the statewide database.
B. Member Request- In the event of an Emergency, a Member's Authorized Official may request mutual aid and assistance from a participating Member. Requests for assistance can be made orally or in writing. When made orally, the request for personnel, equipment, and supplies shall also be prepared in writing and submitted to the participating Member as soon as practicable. Requests for assistance shall be directed to the Authorized Official of the participating Member. Specific protocols for requesting aid shall be provided in the procedures developed under Article IV.
CalWARN Mutual Aid/Asst Agreement 3 Approved and Adopted September 30, 2007 by Vote of Members
1 C. Response to a Request for Assistance - Members are not obligated to respond to a 2 request. After a Member receives a request for assistance, the Authorized Official evaluates 3 whether or not to respond, whether resources are available to respond, or if other 4 circumstances would hinder response. Following the evaluation, the Authorized 5 Representative shall inform, as soon as possible, the Requesting Member whether it will 6 respond. If the Member is willing and able to provide assistance, the Member shall inform 7 the Requesting Member about the type of available resources and the approximate arrival 8 time of such assistance.
9 10 D. Discretion of Responding Member's Authorized Official- Execution of this Agreement 11 does not create any duty to respond to a request for assistance. When a Member receives 12 a request for assistance, the Authorized Official shall have sole and absolute discretion as to 13 whether or not to respond, or the availability of resources to be used in such response. An 14 Authorized Member's decisions on the availability of resources shall be final. 15 16
17 ARTICLE VI.
18 RESPONSE COORDINATION
19 20 When providing assistance under this Agreement, the Requesting Member and Responding 21 Member shall be organized and shall function under the Standard Emergency Management 22 System and National Incident Management System protocols and procedures. 23 24 A. Personnel - Responding Member retains right to identify the employees who are willing 25 to participate and the resources that are available. 26 27 B. Control- While employees so provided may be under the supervision of the 28 Responding Member, the Responding Member's employees come under the direction 29 and control of the Requesting Member, consistent with the NIMS Incident Command 30 System to address the needs identified by the Requesting Member. The Requesting 31 Member's Authorized Official shall coordinate response activities with the designated 32 supervisor(s) of the Responding Member(s). Whenever practical, Responding 33 Member personnel must be self sufficient for up to 72 hours. The Responding Member's 34 designated supervisor(s) must keep accurate records of work performed by personnel 35 during the specified Period of Assistance.
36 37 C. Food and Shelter-When possible, the Requesting Member shall supply reasonable food 38 and shelter for Responding Member personnel. If the Requesting Member is unable to 39 provide food and shelter for Responding Member personnel, the Responding Member's 40 designated supervisor is authorized to secure the resources necessary to meet the needs of 41 its personnel. Except as provided below, the cost for such resources must not exceed the 42 State per diem rates for that area. To the extent Food and Shelter costs exceed the State 43 per diem rates for the area, the Responding Member must demonstrate that the additional 44 costs were reasonable and necessary under the circumstances. Unless otherwise agreed 45 to in writing, the Requesting Member remains responsible for reimbursing the Responding 46 Member for all reasonable and necessary costs associated with providing food and shelter, 47 if such resources are not provided.
48 49 D. Communication - The Requesting Member shall provide Responding Member personnel 50 with radio equipment as available, or radio frequency information to program existing radio, 51 in order to facilitate communications with local responders and utility personnel.
CalWARN Mutual Aid/Asst Agreement 4 Approved and Adopted September 30, 2007 by Vote of Members
1 2 E. Status - Unless otherwise provided by law, the Responding Member's officers and 3 employees retain the same privileges, immunities, rights, duties and benefits as provided in 4 their respective jurisdictions.
5 6 F. Licenses and Permits- To the extent permitted by law, Responding Member personnel 7 who hold licenses, certificates, or permits evidencing professional, mechanical, or other 8 skills shall be allowed to carry out activities and tasks relevant and related to their respective 9 credentials during the specified Period of Assistance. 10 11 G. Right to Withdraw Resources - The Responding Member's Authorized Official retains the 12 right to withdraw some or all of its resources at any time for any reason in the Responding 13 Member's sole and absolute discretion. Notice of intention to withdraw must be 14 communicated to the Requesting Member's Authorized Official as soon as soon as is 15 practicable under the circumstances.
16 17
18 ARTICLE VII.
19 COST REIMBURSEMENT
20 21 Unless otherwise mutually agreed in whole or in part by both parties, the Requesting Member 22 shall reimburse the Responding Member for each of the following categories of costs incurred 23 while providing aid and assistance during the specified Period of Assistance. 24 25 A. Personnel - Responding Member will make such employees as are willing to 26 participate available to Requesting Member at Requesting Member's expense equal to 27 Responding Member's full cost, i.e., equal to the employee's applicable salary or hourly 28 wage plus fringe benefits and overhead, and consistent with Responding Member's 29 collective bargaining agreements or other conditions of employment. All costs incurred 30 for work performed during the specified Period of Assistance will be included. The 31 Requesting Member shall be responsible for all direct and indirect labor costs. 32 33 B. Equipment - Use of equipment, such as construction equipment, vehicles, tools, pumps 34 and generators, shall be at Responding Member's current equipment rate and subject to the 35 following conditions: The Requesting Member shall reimburse the Responding Member for 36 the use of equipment during the specified Period of Assistance, including, but not limited to, 37 reasonable rental rates, all fuel, lubrication, maintenance, transportation, and 38 loading/unloading of loaned equipment. All equipment shall be returned to the Responding 39 Member as soon as is practicable and reasonable under the circumstances. 40 (a) At the option of Responding Member, equipment may be provided with an 41 operator.
42 (b) Equipment shall be returned to Responding Member within 24 hours after receipt 43 of an oral or written request for return.
44 (c) Requesting Member shall, at its own expense, supply all fuel, lubrication and 45 maintenance for furnished equipment.
46 (d) Responding Member's cost related to the transportation, handling and 47 loading/unloading of equipment shall be chargeable to Requesting Member. 48 (e) In the event equipment is damaged while being dispatched to Requesting Member, 49 or while in the custody and use of Requesting Member, Requesting Member shall 50 reimburse Responding Member for the reasonable cost of repairing said damaged 51 equipment. If the equipment cannot be repaired, then Requesting Member shall CalWARN Mutual Aid/Asst Agreement 5 Approved and Adopted September 30, 2007 by Vote of Members
1 reimburse Responding Member for the cost of replacing such equipment with 2 equipment that is of at least equat capability as determined by the Responding 3 Member. If Responding Member must lease a piece of equipment while Requesting 4 Member equipment is being repaired or replaced, Requesting Member shall 5 reimburse Responding Member for such lease costs.
6 7 C. Materials and Supplies - Requesting Member shall reimburse Responding Member in 8 kind or at actual replacement cost, plus handling charges, for use of expendable or non9 returnable supplies. Other supplies and reusable items that are returned to Responding 10 Member in a clean, damage-free condition shalt not be charged to the Requesting 11 Member and no rental fee will be charged; otherwise, they shall be treated as 12 expendable supplies. Supplies that are returned to the Responding Member with 13 damage must be treated as expendable supplies for purposes of cost reimbursement. 14 15 D. Payment Period- The Responding Member shall provide an itemized bill to the Requesting 16 Member for all expenses incurred by the Responding Member while providing assistance 17 under this Agreement. The Requesting Member shall send the itemized bill not later than 18 (90) ninety dates following the end of the Period of Assistance. The Responding Member 19 may request additional periods of time within which to submit the itemized bill, and 20 Requesting Member shall not unreasonably withhold consent to such request. The 21 Requesting Member agrees to reimburse the Responding Member within 60 days from 22 receipt of an invoice for assistance provided under this Agreement. The Requesting 23 Member may request additional periods of time within which to pay the itemized bill, and 24 Responding Member shall not unreasonably withhold consent to such request, provided, 25 however, that all payment shall occur not later than one-year after the date a final itemized 26 bill is submitted to the Requesting Member.
27 28 E. Records - Each Responding Member and its duly authorized representatives shall have 29 access to a Requesting Member's books, documents, notes, reports, papers and records 30 which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of 31 a cost bill or making a financial, maintenance or regulatory audit. Each Requesting Member 32 and its duly authorized representatives shall have access to a Responding Member's books, 33 documents, notes, reports, papers and records which are directly pertinent to this 34 Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, 35 maintenance or regulatory audit. Such records shall be maintained for at least three (3) 36 years or longer where required by law and as needed for federal reimbursement practices. 37 38
39 ARTICLE VIII.
40 ARBITRATION
41 42 If any controversy or claim arises out of, or relates to, the Agreement, including, but not limited 43 to an alleged breach of the Agreement, the disputing Members shall first attempt to resolve the 44 dispute by negotiation, followed by mediation and finally shall be settled by arbitration in 45 accordance with the Rules of the American Arbitration Association. Judgment on the award 46 rendered by the arbitrator(s) may be entered in any court having jurisdiction. 47 48
CalWARN Mutual Aid/Asst Agreement 6 Approved and Adopted September 30, 2007 by Vote of Members
1 ARTICLE IX.
2 REQUESTING MEMBER'S DUTY TO INDEMNIFY
3 4 Pursuant to Government Code Section 895.4, and subject to Article X, Requesting Member 5 shall assume the defense of, fully indemnify and hold harmless Responding Member, its 6 Directors, Council Members, Supervisors, officers and employees, from all claims, loss, 7 damage, injury and liability of every kind, nature and description, directly or indirectly arising 8 from the Requesting Member's work hereunder, including, but not limited to, negligent or 9 wrongful use of equipment, supplies or personnel provided to Requesting Member or faulty 10 workmanship or other negligent acts, errors or omissions by Responding Member, or by 11 personnel provided to Requesting Member from the time assistance is requested and 12 rendered until the assistance is returned to Responding Member's control, portal to portal. 13 14
15 ARTICLE X.
16 SIGNATORY INDEMNIFICATION
17 18 In the event of a liability, claim, demand, action or proceeding, of whatever kind or nature 19 arising out of the rendering of assistance through this Agreement, the parties involved in 20 rendering or receiving assistance agree to indemnify and hold harmless all Members whose 21 only involvement is the execution and approval of this Agreement, in the transaction or 22 occurrence which is the subject of such claim, action, demand or other proceeding. Such 23 indemnification shall include indemnity for all claims, demands, liability, damages and costs, 24 including reasonable attorneys' fees and other costs of defense, for injury, property damage 25 and workers compensation.
26 27
28 ARTICLE XI.
29 WORKER'S COMPENSATION CLAIMS
30 31 The Responding Member is responsible for providing worker's compensation benefits and 32 administering worker's compensation for its employees. The Requesting Member is 33 responsible for providing worker's compensation benefits and administering worker's 34 compensation for its employees.
35 36
37 ARTICLE XII.
38 NOTICE
39 40 Each party hereto shall give to the others prompt and timely written notice of any claim 41 made or any suit instituted coming to its knowledge, which in any way, directly or indirectly, 42 contingently or otherwise, affects or might affect them, and each Member shall have the 43 right to participate in the defense of the same, as it considers necessary to protect its own 44 interests.
45 46
CalWARN Mutual Aid/Asst Agreement 7 Approved and Adopted September 30, 2007 by Vote of Members
1 ARTICLE XIII.
2 INSURANCE
3 4 Members shall maintain an insurance policy or maintain a self insurance program that covers 5 activities that it may undertake by virtue of membership in the Mutual Aid and Assistance 6 Program.
7 8
9 ARTICLE XIV.
10 CONFIDENTIAL INFORMATION
11 12 To the extent allowed by law, any Member or Associate Member shall maintain in the strictest 13 confidence and shall take all reasonable steps necessary to prevent the disclosure of any 14 Confidential Information provided to it by another Member pursuant to this Agreement. If any 15 Member, Associate Member, or third party requests or demands, by subpoena or otherwise, 16 that a Member or Associate Member disclose any Confidential Information provided to it under 17 this Agreement, the Member or Associate Member shall immediately notify the owner of the 18 Confidential Information and shall take all reasonable steps necessary to prevent the disclosure 19 of any Confidential Information by asserting all applicable rights and privileges with respect to 20 such information and shall cooperate fully in any judicial or administrative proceeding relating 21 thereto.
22 23
24 ARTICLE XV.
25 EFFECTIVE DATE
26 27 This Agreement shall take effect for a new party immediately upon its execution by said 28 party.
29 30
31 ARTICLE XVI.
32 WITHDRAWAL
33 34 Any party may terminate its participation in this Agreement by written notice to the Chair of the 35 appropriate RSC and to the SSC Chair. Withdrawal takes effect 60 days after the appropriate 36 officials receive notice. Withdrawal from this Agreement shall in no way affect a Requesting 37 Member's duty to reimburse a Responding Member for cost incurred during a Period of 38 Assistance,.which duty shall survive such withdrawal. 39 40
41 ARTICLE XVII.
42 MODIFICATION
43 44 No provision of this Agreement may be modified, altered or rescinded by individual parties to the 45 Agreement. Modifications to this Agreement require a simple majority vote of Members within 46 each region and unanimous agreement among the regions. The State Steering Committee will 47 notify all parties of modifications to this Agreement in writing and those modifications shall be 48 effective upon 60 days written notice to the parties. 49 CalWARN Mutual Aid/Asst Agreement 8 Approved and Adopted September 30, 2007 by Vote of Members
1 2 ARTICLE XVIII.
3 SEVERABILITY
4 5 If any term or provision of this Agreement is declared by a court of competent jurisdiction to be 6 illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be 7 affected, and the rights and obligations of the parties shall be construed and enforced as if the 8 Agreement did not contain the particular term or provision held to be invalid. 9 10
11 ARTICLE XIX.
12 PRIOR AGREEMENTS
13 14 To the extent that prior agreements among signatories to this Agreement for mutual assistance 15 are inconsistent with this Agreement, such agreements are hereby superseded. This 16 Agreement supersedes the 1996 Omnibus Mutual Aid Agreement, the WARN 1997 Omnibus 17 Mutual Aid Agreement, and the WARN 2001 Omnibus Mutual Aid and Assistance Agreement. 18 19
20 ARTICLE XX.
21 PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES 22 23 This Agreement is for the sole benefit of the Members and no other person or entity has rights 24 under this Agreement as a third party beneficiary. Assignment of benefits or delegation of 25 duties created by this Agreement to third parties that are not Members is prohibited and without 26 effect.
27 28
29 ARTICLE XXI.
30 TORT CLAIMS
31 32 This Agreement in no way abrogates or waives any immunity or defense available under 33 California law.
34 35
36 ARTICLE XXII.
37 INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS 38 39 To the extent practicable, Members retain the right to participate in mutual aid and assistance 40 activities conducted under the State of California Intrastate WARN Mutual Aid and Assistance 41 Program and the Interstate Emergency Management Assistance Compact (EMAC) and similar 42 programs.
43 44
45 CalWARN Mutual Aid/Asst Agreement 9 Approved and Adopted September 30, 2007 by Vote of Members
California Water/Wastewater Agency Response Network (CalWARN) 2007 Omnibus Mutual Assistance Agreement
WHEREAS, the California Office of Emergency Services (OES), the Department of Water Resources (DWR), the Department of Public Health (DPH) and the California Utilities Emergency Association (CUEA) have expressed a mutual interest in the establishment of a plan to facilitate and encourage water agency mutual assistance agreements between water agencies; and WHEREAS, the California Water Agency Response Network (CalWARN) was originally created to provide a forum for the development of mutual assistance agreements between water agencies in the OES Coastal Region of California; and later expanded to all water and wastewater agencies in the State of California, and
WHEREAS, the CALIFORNIA WATERNt/ASTEWATER AGENCY RESPONSE NETWORK (CalWARN) 2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT is a continuation of the WARN 1996 OMNIBUS MUTUAL AID and 2001 OMNIBUS MUTUAL AID AGREEMENT and sets forth the mutual covenants and agreements for water and wastewater agencies to provide mutual assistance to one another in times of emergency; and
WHEREAS, State OES regulates the SEMS program, and this agreement is consistent with SEMS, and that it is necessary to have a mutual assistance agreement in place to support requests to FEMA for costs of using assistance during an emergency, and
WHEREAS, the water or wastewater agency hereto has determined that it would be in its best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the agency whenever emergency personnel, equipment and facility assistance are provided from one agency to the other; and
WHEREAS, no water or wastewater agency should be in a position of unreasonably using its own resources, facilities, or services providing such mutual assistance; and WHEREAS, it is the intent of WARN to revise this agreement as necessary and to annually publish a list of all water and wastewater agencies participating in this agreement, as posted on www.calwarn.org: and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Articles 14 and 17 (Section 8630 et seq.) of the Act.
Now, THEREFORE, in consideration of the conditions and covenants contained therein, the (Utility)
agrees to abide by the current CalWARN Omnibus Mutual Assistance Agreement and the CalWARN ACS Chapter Governance Document.
Date:
Name: (printed)
Title:
(signature)
Please return a signed copy of this page to: [email protected]
AGENDA ITEM
!November 19, 2024. City Council Meeting
or Submittal By:
ented By:
Ad helen, 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: November 19, 2024
I SUBJECT
Authorization to bid on the River Trail Storm Damage Rehabilitation Project
I RECOMMENDATION
The Director of Public Works recommends that the City Council:
Approve the Plans, Specifications, Estimates, and Contract Documents for the River Trail Storm Damage Rehabilitation Project as prepared by VESTRA Resources Inc., and instruct staff to advertise for bids.
I FISCAL IMPACT
Repairs to damage associated with the storm events between February 1, 2017, and February 23, 2017, are eligible for reimbursement at the rate of 75% from the federal government and 18.75% from the state. This project has been submitted and accepted by FEMA as an eligible project. The other 6.25% will be funded by the City's Park Capitol Improvement Fund. The Engineers estimate for the project is $364,040.
I DISCUSSION and BACKGROUND
On March 19, 2017, Governor Brown requested a major disaster declaration due to severe winter storms, flooding, and mudslides during the period of February 1-23, 2017. The ITEM 8.9a PAGE1 11/19/2024
Governor requested a declaration for Public Assistance for 42 counties and Hazard Mitigation statewide. On April 1, 2017, President Trump declared that a major disaster existed in the State of California. This declaration made Public Assistance requested by the Governor available to state and eligible local governments and certain private nonprofit organizations on a cost-sharing basis for emergency work and repairing or replacing facilities damaged by the severe winter storms.
Anderson River Park sustained substantial damage during the high-water events on the Sacramento River associated with the February storm events. The park sustained some of the most severe damage to the paved trail between the Sacramento River and the Amphitheater pond. Approximately 580 feet of the paved trail was washed away, and the levy between the river and the pond sustained severe erosion. Due to the environmentally sensitive location of the trail, reconstruction will require, at a minimum, permits from the Army Corp of Engineers, Regional Water Quality, and Fish and Wildlife.
On March 20th, 2018, the City issued a request for proposals from qualified consultants to perform the work associated with the project. Initially, three firms were interested and attended a project site visit. Subsequently, two firms declined to give proposals due to their workload. VESTRA Resources submitted a proposal. They are a well-regarded local environmental and engineering firm with which the City has previously worked.
The City Council approved the contract on May 10th, 2018. VESTRA began working on plans and environmental surveys.
An addendum was issued for a required archaeological survey report on August 18th, 2020. City staff has been diligently working with VESTRA to complete the necessary environmental review and permit documents as requested by FEMA.
On July 28th, 2021, VESTRA and City staff met to identify possible construction design and schedule interruptions. The design was split into two phases to streamline the US Fish and Wildlife environmental review.
On November 2nd, 2021, the City Council approved authorization to bid based on the plans and specifications from VESTRA. The City did not receive environmental approval during the 2021-2022 winter construction period.
On October 18th, 2022, the City Council approved authorization to bid based on the plans and specifications from VESTRA. The City did not receive environmental approval during the 2022-2023 winter construction period.
Staff did not bring this before the City Council for authorization to bid during 2023, and the city did not receive environmental approval during the 2023-2024 winter construction period.
The City still has not received environmental approval, but it is working with FEMA, USFWS, and the Army Corps of Engineers to receive it for the 2024-2025 winter construction period.
ITEM 8.9a PAGE2 11/19/2024
Once environmental approval is received, the plans, Specifications, Estimates, and Contract Documents for the River Trail Storm Damage Rehabilitation Project will be available for viewing and pick up at the City of Anderson, Public Works Department, 1887 Howard Street, Anderson, CA. All bid documents will also be listed on CIPList.com.
I ATTACHMENT
1. Title Sheet
ITEM 8.9a PAGE3 11/19/2024
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CITY OF ANDERSON
STORM DAMAGE REHABILITATION
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AGENDA ITEM
I November 19, 2024, City Council Meeting
d for Submittal By:
th• Deshais, City Manager
To: Honorable Mayor and Members of the Anderson City Council Through: Joey Forseth-Deshais, City Manager
From: Adam Whelen, Public Works Director
Date: November 19, 2024
I SUBJECT
Gateway Drive Emergency Sewer Repair Project- Authorization to Award
I RECOMMENDATION
The Public Works Director recommends that the City Council:
1. Award the contract for the Gateway Drive Emergency Sewer Repair Project to Lamb Unlimited General Engineering in the amount of$111,186.00.
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.
ITEM 8.9b PAGE1 11/19/2024
!FISCAL IMPACT
The Sewer Capital Improvement Fund is funding this project. The lowest responsible bidder's bid was $111,186.00. Change orders are a contingency not to exceed $22,237.20 (20% of $111,186.00).
I DISCUSSION and BACKGROUND
The work consists of removing and replacing approximately 345 LF of a 6-inch vitrified clay pipe (VCP) with 8" Standard Dimension Ratio (SDR26) pipe in the same location, rehabilitating manholes E423M and E425M, and completing the surface restoration.
This section of the Gateway Drive sanitary sewer system, which dates from 1977, has significant structural issues. During routine maintenance flushing and viewing, the Wastewater Collections staff identified failures in joints and the sidewall above the spring line. The lifespan of VCP is approximately 50 years; this section has fulfilled its usable life and needs to be replaced before infiltration or exfiltration occurs.
The proposed method of replacement is open cut. The open-cut approach allows the contractor to navigate existing utility conflicts and ensure adequate slope, as the existing slope is quite minimal. Staff obtained bids for this project under an informal bid process by contacting local qualified underground companies.
The project's bid opening was held at 2:00 p.m. on November 6, 2024, in the City Council Chambers.
Sealed bids were opened, and Lamb Unlimited General Engineering was the lowest responsible bidder, with a low bid of $111,186.00.
I ATTACHMENT
1. Bid Summary
2. Title Sheet
ITEM 8.9b PAGE2 11/19/2024
City of Anderson
110 SUMMARY
CITV OF ANDERSON Ga-•Y Drive EmerJffiCY Sewer "-Ir
mMNO mMCOOE mM DESCRIPTION
1 8•Inch Stwtt Main, complete
z S,ewt,r Manhole Rehabilitation, C0tnple1e
3 Traffic COntr'OI, Complete
4 Ttench ShHting, stw>ring. and Bracing. Complete
s 8ypau Pumpint llf needed), complete
UNIT Of ESTIMAffD
MEASURE QUANTITY
LF 3•5
EA z
L5 1
L5 I
L5 I
sunrtw Excavatb,. Inc
UnitPr1m 11am Total Total
$ 482.00 $H6,290.00 $166,290.00 $
$ 1,500.00 $3,000.00 $3,000.00 $
--- $13,000.00 $13,000.00
--- $8,000.00 $8,000.00
------- $5,000.00 $5,000.00
SHS.Z!I0.00
Edd~• Axner Consuuctton Inc
U"ltPnce IUmTaul Total
489.13 $168,749.85 $168, 749.1S
8,077.35 $16,154.70 $16,154.70
- $8,140.00 51.140.00
- $14,576.52 $14,576.52
- $2,089.00 $2,089.00
$20,,710.07
lid Openlns: ll/0,,/2024 2:-
Loatlon: And1trson City Hall
Umbbc.tltl'ltfn,
UnitPrt~ ttlrtlTOt.111 Total
$ 261.00 $90,045.00 $90,045.00
$ 2,741.00 $5 ... 2.00 $5,482.00
------ $10,772.00 $10,772.00
-- $2,767.00 $2,767.00
-- $2,120.00 Sl.120.00
$111,116.00
Avera,p:
$141,694,95
$8,212 23
$10,637.33
$8,447.84
$3,069.67
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