CITY COUNCIL AGENDA
June 17, 2025
REGULAR SESSION - 5:30 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 Agenda Request Form (on Clerk’s table) and present it to the City Council Clerk. You will have the opportunity to speak on the subject under Item 5.2. However, if the item is not on the Agenda, each speaker will be limited to one three (3) minute opportunity to speak, unless the City Council makes an exception due to special circumstances.
The Brown Act prohibits the Council from taking action on any item not placed on the printed Agenda in most cases.
The Brown Act requires any non-confidential documents or writings distributed to a majority of the City Council less than 72 hours before a regular meeting will be made available to members of the public at the same time they are distributed.
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
June 17, 2025
REGULAR SESSION – 5:30 P.M.
1.0 ROLL CALL – COUNCIL:
Councilmember Simmons
Councilmember Gallagher
Councilmember Hale
Vice-Mayor Gallier
Mayor Baugh
2.0 INVOCATION – Willy Williams, Anderson Community Church, will give the invocation.
3.0 PLEDGE OF ALLEGIANCE – Councilmember Mike Gallagher.
4.0 STUDENT REPORTS - A representative from the teen center will give an update on current activities.
5.2 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - This is the time to address public comments by any member of the public to the Council regarding an item not on the agenda. Each comment must be limited to 3 minutes or less and on an item within the City’s subject matter jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda. Are there any public comments?
CONSENT AGENDA
6.0 CONSENT AGENDA - Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any member of the public, staff or City Council may request that an item be removed from the Consent Agenda for separate discussion. Are there any requests to remove any items from the Consent Agenda?
6.1 MINUTES - Approve the minutes of the regular meeting of June 3, 2025.
6.2 WARRANTS - Receive and file warrant 34874 to 34922 in the amount of $312,670.74; Receive and file warrant 34923 to 34990 in the amount of $198,488.32
6.3 CITY ATTORNEY - Adopt Ordinance No 864 Enacting Chapter 10.70 (“Regulation of Food Trucks”) and Amending Sections 10.60.020 and 10.60.030 of Chapter 10.60 (“Regulation of Special Events”) as introduced on June 3, 2025 (First Reading).
6.5 CITY MANAGER - Shasta Cascade Hazardous Materials Response Team withdrawal letter.
6.6 FINANCE DIRECTOR
a. Adopt Resolution approving debt management policy for City and related entities.
City Council Meeting
June 17, 2025
b. Adopt a Resolution Amending the 2024-2025 Adopted Budget.
6.10 PUBLIC WORKS - Notice of Completion for the River Trail Storm Damage Rehabilitation Project.
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.
END OF CONSENT CALENDAR
The City Council will recess and the Anderson Public Financing Authority will convene.
ANDERSON PUBLIC FINANCING AUTHORITY
APFA 1 ROLL CALL: Board Member Simmons
Board Member Gallagher
Board Member Hale
Board Member Gallier
Chairman Baugh
APFA 2 MINUTES – Approve minutes of the meeting of June 25, 2024.
The City Council will reconvene, and, together with the Anderson Public Financing Authority, continue in joint session.
ALL NOTICES WERE GIVEN ACCORDING TO LAW
PUBLIC HEARINGS
APFA5 JOINT PUBLIC HEARING: 2025-2027 ADOPTION OF BUDGET RECOMMENDED ACTION:
1. Conduct a Public Hearing;
2. Adopt a Resolution adopting budget appropriations for fiscal year 2025-2027.
3. Adopt a resolution establishing the Gann appropriations limit for fiscal year 2025-2026 and finding that the adopted appropriations are within the limit.
And at the conclusion of the public hearing, the Executive Director recommends that the Anderson Public Financing Authority:
City Council Meeting
June 17, 2025
1. Adopt an Anderson Public Financing Authority Resolution readopting a zero budget for the Anderson Public Financing Authority for fiscal year 2025- 2027.
The Anderson Public Financing Authority will adjourn, and the City Council will continue
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.
POLICE CHIEF
8.8a CALIFORNIA’S ALCOHOL BEVERAGE CONTROL (ABC), ALCOHOL POLICING
PARTNERSHIP (APP) PROGRAM
RECOMMENDED ACTION:
Approve the requested resolution to accept the grant award funding from the California Alcohol Beverage Control (ABC), in the amount of $50,000.
8.8b UNITED STATES DEPARTMENT OF JUSTICE (USDOJ) COMMUNITY ORIENTED
POLICING SERVICES (COPS) SCHOOL VIOLENCE PREVENTION PROGRAM SUBMISSION
RESOLUTION
RECOMMENDED ACTION:
Approve the requested resolution in support of the grant application.
PUBLIC WORKS
8.9 WASTEWATER TREATMENT PLANT SOLAR PROJECT EQUIPMENT LEASE FINANCING WITH THE HUNTINGTON NATIONAL BANK IN THE AMOUNT OF $3,849,995.14 RECOMMENDED ACTION:
Adopt Resolution and Declaration of Official Intention, approving equipment lease financing with The Huntington National Bank and related documents and actions.
11.0 COUNCIL REPORTS/COMMENTS – City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234.)
14.0 ADJOURN - The City Council will adjourn to July 1, 2025.
ANDERSON CITY COUNCIL MINUTES
Regular Meeting
June 3, 2025
REGULAR SESSION
The regular session was called to order at 5:30 p.m.
ROLL CALL
Councilmembers present: Councilmember Simmons
Councilmember Gallagher
Councilmember Hale
Vice-Mayor Gallier
Mayor Baugh
DRAFT
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
Vice Mayor Dan Gallier gave the invocation.
PLEDGE OF ALLEGIANCE
Mayor Susie Baugh led the Pledge of Allegiance.
PRESENTATION
Diana Ramirez, Waste Management Public Sector Manager gave a presentation on SB 1383.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Tessa, Upstate Film Commission, gave the annual Ql report.
CONSENT AGENDA
By motion made, second (Hale/Gallier) and carried by a 5-0 vote, Council took the following action.
Approved the minutes of the regular meeting of May 20, 2025 and special meeting of May 28, 2025.
ITEM 6.1 6/17/2025
City Council Meeting
June 17, 2025
Received and filed warrant 34767 to 34836 in the amount of $168,345.41; Received and filed ACH in the amount of $57,004.37; Received and filed warrant 34837 to 34873 in the amount of $530,375.71.
Approved Resolution No 25-17 United States Department of Agriculture (USDA) Community Facilities Grant Program submission.
Notice of Completion for the Gateway Drive Emergency Sewer Repair Project.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hale, Gallier, Simmons, Gallagher and Mayor Baugh.
None.
None.
None.
PUBLIC HEARING
IMPLEMENTING AB 2561- NOTICE OF JOB VACANCIES
City Manager Joey Forseth-Deshais gave a staff report and Mayor Baugh opened the Public Hearing.
5.59 pm the public hearing opened and closed. No comments were received.
By motion made, seconded (Gallier/Simmons) and carried by a 5-0 vote Council voted to adopt Resolution 25-18 implementing Assembly Bill (AB) 2561.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Gallier, Simmons, Hale, Gallagher and Mayor Baugh.
None.
None.
None.
REGULAR AGENDA
CITY ATTORNEY
CONSIDER ADOPTION OF ORDINANCE REGULATING FOOD TRUCKS WITHIN THE CITY
OF ANDERSON
City Attorney Collin Bogener gave a staff report and answered questions from Council.
By motion made, seconded (Gallagher/Simmons) and carried by a 5-0 vote Council voted to introduce an Ordinance No. (First Reading) Enacting Chapter 10.70 ("Regulation of Food Trucks") and Amending Sections 10.60.020 and 10.60.030 of Chapter 10.60 ("Regulation of Special Events") and set for enactment on June 17, 2025 (Second Reading).
The City Clerk to read the ordinance by title only
City Council Meeting
June 17, 2025
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Gallagher, Simmons, Hale, Gallier and Mayor Baugh.
None.
None.
None.
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY MANAGER JOEY
FORSETH DESHAIS
City Attorney Collin Bogener gave a staff report and answered questions from Council.
By motion made, seconded (Gallagher/Simmons) and carried by a 5-0 vote Council voted to approve the second amendment to the employment agreement for City Manager Joey Forseth-Deshais.
AYES:
NOES:
ABSTAIN:
ABSENT:
Council members Gallagher, Simmons, Hale, Gallier and Mayor Baugh.
None.
None.
None.
RESOLUTIONS OF INTENTION TO RENEW LANDSCAPE & LIGHTING DISTRICT 93-2.
SOUTH RIDGE TERRACE - UNIT 1 LANDSCAPING MAINTENANCE DISTRICT, AND SANITARY SEWER MAINTENANCE DISTRICT 01-09: SILVERGATE SUBDIVISION FOR THE FISCAL YEAR 2025-2026
Finance Director Cindy Wheeler gave a staff report and answered questions from Council.
By motion made, seconded (Gallagher /Hale) and carried by a 5-0 vote Council voted to adopt Resolution 25-19 a Resolution of Intention to renew Landscape and Lighting Assessment District No. 93-2 assessments for 2025-2026.
Vote: AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Gallagher, Hale, Simmons, Gallier and Mayor Baugh.
None.
None.
None.
By motion made, seconded (Hale/Gallagher) and carried by a 5-0 vote Council voted to adopt Resolution 25-20 a Resolution of Intention to renew South Ridge Terrace - Unit 1 Landscaping Maintenance District for 2025-2026.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hale, Gallagher, Simmons, Gallier and Mayor Baugh.
None.
None.
None.
By motion made, seconded (Simmons/Gallier) and carried by a 5-0 vote Council voted to adopt Resolution 25-21 a Resolution on Intention to renew Sanitary Sewer Maintenance District 01-09, Silvergate Subdivision for 2025-2026.
City Council Meeting
June 17, 2025
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Simmons, Gallier, Gallagher, Hale and Mayor Baugh.
None.
None.
None.
POLICE CHIEF
ALLOCATION AND USE OF ZOGG FIRE SETTLEMENT FUNDS FROM THE ZOGG FIRE SETTLEMENT FOR FY25/26
Police Chief Oliver Collins gave a staff report and answered questions from Council.
By motion made, seconded (Hale/Simmons) and carried by a 5-0 vote Council voted to adopt Resolution No 25-22 allocating the use of the Zogg Fire Settlement funds to the Police Department for equipment, training, arson prevention overtime operations, and the partial expense of the detective salary.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hale, Simmons, Gallagher, Gallier and Mayor Baugh.
None.
None.
None.
WORKSHOP
2025-2027 BUDGET WORKSHOP-REVENUES AND EXPENDITURES
Finance Director Cindy Wheeler presented to Council the City's 2025-2027 Budget Revenues and Expenditures Workshop. This was an informational item only, no action was taken.
COUNCIL REPORTS/COMMENTS
Councilmembers used this time to report on meetings and activities they participated in and to announce upcoming events.
ADJOURNMENT
6:57 p.m.; The City Council adjourned to lune 17. 202s, Susie Baugh, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
I June 17. 2025 City Council Meeting
~ inance Director/ Treasurer
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Finance Director /Treasurer
Date: June 17, 2025
!SUBJECT
Receive and File Weekly Warrant Registers.
j RECOMMENDATION
Receive and file warrant 34874 to 34922 in the amount of $312,670.74; Receive and file warrant 34923 to 34990 in the amount of $198,488.32
I ATTACHMENT
Warrant Registers.
ITEM 6.2 PAGE1 6/17/2025
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
000017 49ER WATER SERVICES
PROFESSIONAL SERVICES 5/30/2025 034874 2,027.00
000083 ACE HARDWARE
SUPPLIES-JOB#4 5/30/2025 034875 724.14
000322 AMERICAN FIDELITY ASSURANCE
INSURANCE PREMIUM-MAY 25 5/30/2025 034876 4,529.16
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 PIE 5/9/25 5/30/2025 034877 516.40
000510 APPLEJACKS T-SHIRTS
SUPPLIES 5/30/2025 034878 1,145.60
000700 BADGER METER, INC.
EQUIPMENT 5/30/2025 034879 254.38
000722 SCOTT BAILEY
PER DIEM-TRAINING 5/30/2025 034880 1,006.00
001750 CALIFORNIA SAFETY CO.
PROFESSIONAL SERVICES 5/30/2025 034881 84.50
012395 CASEY CAMP
UNIFORM ALLOWANCE 5/30/2025 034882 900.00
001912 CASCADE COMFORT SERVICES
PROFESSIONAL SERVICES 5/30/2025 034883 99.00
002142 CINTAS FIRST AID & SAFETY
SUPPLIES 5/30/2025 034884 409.14
002774 DARREN TAYLOR CONSTRUCTION
PROFESSIONAL SERVICES 5/30/2025 034885 29,325.00
003334 EFS ENGINEERING, INC.
PROFESSIONAL SERVICES 5/30/2025 034886 925.00
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
003590 FASTENERS INC.
SUPPLIES 5/30/2025 034887 135.68
003618 FERGUSON WATERWORKS #1423
SUPPLIES 5/30/2025 034888 7,377.19
004096 GILES LOCK & SECURITY SYSTEMS,
SUPPLIES 5/30/2025 034889 4.00
004623 ERIC HAYNES
PER DIEM-LODGING & TRAINING 5/30/2025 034890 697.22
009321 HOPE SETH CONSUL TING
PROFESSIONAL SERVICES 5/30/2025 034891 3,420.00
005172 J.F. SHEA CONSTRUCTION, INC.
MATERIALS 5/30/2025 034892 609.29
005262 JMB OIL COMPANY
SUPPLIES 5/30/2025 034893 201.38
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 5/30/2025 034894 920.89
005517 KEN GRADY COMPANY INC.
PROFESSIONAL SVCS & EQUIPMENT 5/30/2025 034895 262.32
005945 LECHOWICZ & TSENG MUNICIPAL CO
PROFESSIONAL SERVICES 5/30/2025 034896 3,577.36
012393 HANNAH MEAD
KEY DEPOSIT REFUND 5/30/2025 034897 10.00
011792 MISSIONSQUARE-302204
PLAN #302204 PE 5/23/25 5/30/2025 034898 4,120.00
007134 N.C.G.T. TRUST FUND
HEAL TH INSURANCE PREMIUM 5/30/2025 034899 116,577.00
007342 NORCAL RENTALS & SALES
EQUIPMENT RENTAL 5/30/2025 034900 622.80
Page2
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
012392 SHAWNA NUICH
KEY DEPOSIT REFUND 5/30/2025 034901 10.00
007470 O'REILLY AUTO PARTS
PARTS 5/30/2025 034902 9.69
007618 PACE SUPPLY CORP,
SUPPLIES 5/30/2025 034903 4,035.67
007657 PAINT MART
SUPPLIES 5/30/2025 034904 165.45
007750 PAYLESS BUILDING SUPPLY
MATERIALS 5/30/2025 034905 1,978.05
008181 QUADIENT FINANCE USA, INC.
METERED POSTAGE 5/30/2025 034906 1,000.00
008826 ROTO-ROOTER PLUMBERS
PROFESSIONAL SERVICES 5/30/2025 034907 195.00
008855 RTA CONSTRUCTION, INC.
WATER REFUND 5/30/2025 034908 576.33
009256 SCP DISTRIBUTORS, LLC
SUPPLIES 5/30/2025 034909 6,980.58
012326 SENTIO LLC
PROFESSIONAL SERVICES 5/30/2025 034910 56.20
012016 SISKIYOU OPPORTUNITY CENTER
JANITORIAL SERVICES 5/30/2025 034911 3,742.88
012394 MELISSA SMITH
FACILITY & KEY RENTAL REFUND 5/30/2025 034912 80.00
009988 STATE OF CALIFORNIA
ASSIGN OF WAGES PIE 5/23/25 5/30/2025 034913 1,060.19
010134 STROUP'S POWER EQUIP INC
SUPPLIES 5/30/2025 034914 868.69
Page3
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
010255 T ANDS DVBE, INC.
SUPPLIES 5/30/2025 034915 1,471.34
010360 TEXAS LIFE INSURANCE COMPANY
INSURANCE PREMIUM•MAY 25 5/30/2025 034916 1,230.57
010518 TOMASINI Bl ACKSMITHING & WELDI
PROFESSIONAL SERVICES 5/30/2025 034917 46.34
010635 TULLIS, INC.
PROFESSIONAL SERVICES 5/30/2025 034918 98,169.00
010732 UPS
SHIPPING FEES 5/30/2025 034919 179.00
010749 US BANK VOYAGER FLEET SYSTEMS
FUEL CHARGES 5/30/2025 034920 2.422.02
010860 VEHICLE REGISTRATION COLLECTNS
ASGMT OF WAGES FOR PIE 5/23/25 5/30/2025 034921 157.74
010881 VESTRA RESOURCES INC.
5 PROFESSIONAL SERVICES 5/30/2025 034922 7,755.55
312,670.74
Page4
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
000017 49ER WATER SERVICES
PROFESSIONAL SERVICES 6/6/2025 034923 3,808.00
000083 ACE HARDWARE
SUPPL1ES-JOB#6 6/6/2025 034924 2,719.15
VOID CHECK 6/6/2025 034925
011765 AGILE OCCUPATIONAL MEDICINE, P
PROFESSIONAL SERVICES 6/6/2025 034926 195.00
012409 AMBER MAE STUDIOS LLC
MOSQUITO SERENADE 2025 6/6/2025 034927 200.00
000615 AT&T CALN ET
PHONE CHARGES 6/6/2025 034928 229.15
000974 BEELER TRACTOR COMPANY
PARTS 6/6/2025 034929 195.73
001105 BETHEL
CLEANING DEPOSIT REFUND 6/6/2025 034930 750.00
001133 BIG VALLEY SANITATION
EQUIPMENT RENTAL 6/6/2025 034931 3,528.75
012400 BOULDER CREEK SCHOOL
KEY DEPOSIT REFUND 6/6/2025 034932 10.00
001586 DEBBIE BURSON
WK 1 SUMMER CAMP REFUND 6/6/2025 034933 45.00
012401 RACHAL CAIRO
SESSION 1 SWIM LESSONS REFUND 6/6/2025 034934 40.00
001712 CALEPA
ASSET FORFEITURES 6/6/2025 034935 1,342.92
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
001750 CALIFORNIA SAFETY CO.
PROFESSIONAL SERVICES 6/6/2025 034936 1,810.00
001754 CALIFORNIA VISION SERVICE
INSURANCE PREMIUM 6/6/2025 034937 71.70
001912 CASCADE COMFORT SERVICES
PROFESSIONAL SERVICES 6/6/2025 034938 99.00
012402 CHI LORENS SERVICES
SESSION 1 SWtM LESSONS REFUND 6/6/2025 034939 80.00
002167 CITY OF REDDING
UTILITIES 6/6/2025 034940 180.69
002199 CLARK PEST CONTROL OF STOCKTON
PROFESSIONAL SERVICES 6/6/2025 034941 706.00
002392 CONSOLIDATED ELECTRICAL DIST.
SUPPLIES 6/6/2025 034942 480.50
002634 CROWN MOTORS
PARTS 6/6/2025 034943 131.60
003080 WANDA DOAK
KEY DEPOSIT REFUND 6/6/2025 034944 10.00
003396 EMERGENCY VEHICLE OUTFITTING C
PROFESSIONAL SVCS & EQUIPMENT 6/6/2025 034945 593.05
011715 EMMA FARMER
PER DIEM-TRAINING 6/6/2025 034946 24.00
003590 FASTENERS INC.
SUPPLIES 6/6/2025 034947 278.99
012407 APRIL GONZALEZ
FIELD DEPOSIT REFUND 6/6/2025 034948 100.00
004205 GOODYEAR COMMERCIAL TIRE
PROFESSIONAL SVCS & PARTS 6/6/2025 034949 1,242.43
Page2
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
011857 JOSEPH GRADY
UNIFORM ALLOWANCE 6/6/2025 034950 207.72
004351 GUITONS POOL CENTER
SUPPUES 6/6/2025 034951 253.11
004415 DARIN HALE
HEALTH INS. REIMBURSEMENT 6/6/2025 034952 834.66
004592 HAVEN HUMANE SOCIETY
ANIMAL REGULATION SERVICES 6/6/2025 034953 9,576.71
012396 ALLISON HERNANDEZ
KEY DEPOSIT REFUND 6/6/2025 034954 10.00
005076 IBM CORPORATION
PROFESSIONAL SERVICES 6/6/2025 034955 99.00
005111 INLAND BUSINESS MACHINES, INC
MONTHLY LEASE 6/6/2025 034956 271.53
005169 J & T CONSULTING, INC.
PROFESSIONAL SERIVCES 6/6/2025 034957 2,751.00
012408 ROGER JAEGER
MOSQUITO SERENADE 2025 6/6/2025 034958 200.00
012076 JOHN ROSSIE
PROFESSIONAL SERVICES 6/6/2025 034959 1,983.50
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 6/6/2025 034960 639.50
012398 SONYA KENNEDY
CLEANING DEPOSIT REFUND 6/6/2025 034961 750.00
005889 LAUNDRY WORLD
PROFESSIONAL SERVICES 6/6/2025 034962 3,956.38
012299 GRIFFIN MCCARTHY
CLASS A TEST REIMBURSEMENT 6/6/2025 034963 78.38
Page3
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
012406 BROOKE MCGOWAN
KEY DEPOSIT REFUND 6/6/2025 034964 10.00
007118 MUTUAL OF OMAHA
INSURANCE PREMIUM-JUN 25 6/6/2025 034965 2,124.04
012405 SOPHRANNA NOONKESTER
KEY DEPOSIT REFUND 6/6/2025 034966 10.00
007348 NORMAC
SUPPLIES 6/6/2025 034967 121.53
007394 NORTHERN CALIF. GLOVES
SUPPLIES 6/6/2025 034968 427.37
007618 PACE SUPPLY CORP.
SUPPLIES 6/6/2025 034969 5,611.32
007630 PACIFIC GAS & ELECTRIC
UTILITIES 6/6/2025 034970 69,156.05
012399 VELVA PARKER
KEY DEPOSIT REFUND 6/6/2025 034971 10.00
012238 MICHELLE PEPPEL
PER DIEM-TRAINING 6/6/2025 034972 24.00
012245 POINT AND PAY
PROFESSIONAL SERVICES 6/6/2025 034973 10.00
012017 PRESYNCED PRODUCTIONS
PROFESSIONAL SERVICES 6/6/2025 034974 1,055.00
011940 QUICK QUACK CAR WASH
CAR WASHES 6/6/2025 034975 797.58
012176 RING CENTRAL INC
PHONE CHARGES 6/6/2025 034976 1,819.90
008661 RIVER CITY COMPLIANCE
PROFESSIONAL SERVICES 6/6/2025 034977 96.00
Page4
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
012404 LOIS ROSE
CLEANING DEPOSIT REFUND 6/6/2025 034978 350.00
011823 RYAN PROCESS, INC.
SUPPLIES 6/6/2025 034979 488.86
009395 SHASTA CO. DISTRICT ATTORNEY
ASSET FORFEITURES 6/6/2025 034980 14,314.02
009423 SHASTA COUNTY AUDITOR CONT.
1100941-007443 ASSET FORFEITURE 6/6/2025 034981 32,230.13 009447 SHASTA COUNTY SHERIFF'S OFFICE
ASSET FORFEITURE-GANG FUND 6/6/2025 034982 13,093.49
009564 SHN CONSUL TING ENGINEERS AND G
PROFESSIONAL SERVICES 6/6/2025 034983 12,240.00
012311 BONNIE SIMMONS
HEALTH INS. REIMBURSEMENT 6/6/2025 034984 345.50
012397 BRADLEY SKAGGS
CLEANING DEPOSIT REFUND 6/6/2025 034985 350.00
010075 STIMPEL WIEBELHAUS ASSOCIATES,
MATERIALS 6/6/2025 034986 2,554.02
012280 JEANA THOMAS
PER DIEM-TRAINING 6/6/2025 034987 24.00
012403 TAMMY THOMAS
CLEANING DEPOSIT REFUND 6/6/2025 034988 350.00
010732 UPS
SHIPPING FEES 6/6/2025 034989 34.91
011674 WELLS FARGO VENDOR FINANCIALS
MONTHLY LEASE 6/6/2025 034990 357.45
198,488.32
Pages ££= JM.6
Dale
AGENDA ITEM
~une 17, 2025, City Council Meetin~
To:
Through:
From:
Date:
I SUBJECT
sented By:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Collin Bogener, City Attorney
June 17, 2025
Ordinance regulating food trucks within the City of Anderson
I RECOMMENDATION
Adopt Ordinance No 864 Enacting Chapter 10.70 ("Regulation of Food Trucks") and Amending Sections 10.60.020 and 10.60.030 of Chapter 10.60 ("Regulation of Special Events") as introduced on June 3, 2025 (First Reading).
I FISCAL IMPACT
There is no fiscal impact.
I DISCUSSION and BACKGROUND
In recent years, the popularity of food trucks has experienced substantial growth. Food trucks have become an integral component of community events, such as Mosquito Serenade, Food Truck or Treat. and Christmas in Anderson, among others. Currently, the City lacks specific regulations governing food trucks and relies on past practices that prohibit their operation outside of City events or special events.
ITEM 6.3 PAGE1 6/17/2025
On March 18, 2025, the City Council provided staff with direction in connection with the regulation of food trucks in the City of Anderson. Per that direction, food trucks would be able to operate within the City of Anderson through the special event permit process. Effectively, food trucks can vend during special events, following submittal and approval of a special event permit. The City Attorney was directed to solidify this process in an ordinance.
On May 20, 2025, the proposed ordinance was brought to the City Council for approval. Additional changes were made by the City Council to the ordinance. The revised ordinance is being provided for first reading.
Included with this staff report is the proposed ordinance for adoption, consisting of two parts. The first is the creation of Chapter 10.70, titled "Regulation of Food Trucks." Per this chapter, a food truck vendor can operate in the City of Anderson if (1) they have obtained a special event permit for vending on public property or the public right of way, or (2) they have obtained a private food truck permit to vend on private property. Under both scenarios, the food truck vendor must obtain a business license from the city, a health permit from the Shasta County Health Officer, and shall operate no more than 300-feet from a readily available toilet and hand washing facility.
For the private food truck event permit, the food vendors can operate on private property for events ranging from birthday to weddings to more commercially minded occasions like business grand openings or sales events. Each event can be up to eight (8) hours per day for a period of three (3) days. Additionally, the food truck vendor will also have an hour before operating and an hour after operating, which will not be counted towards the eight (8) hour total. This time can be used for set up or break down of the food truck operations. Each location will be limited to three (3) private events per year, and the vendor will be limited to six (6) private events per year.
The second component to the ordinance is the amendment of the special event permit. While the private food truck event permit allows food truck operations on private property, the special event permit allows private events to be held on public property, such as the Anderson River Park, Volonte Park, or even portions of downtown Anderson. The amendments to the existing special event permit code section require the applicant to provide all information for the food truck vendor and clarify that use of a city right of way cannot impact the actual use of that property.
Any violations of the proposed ordinance may result in administrative citations pursuant to Chapter 1.22 of the Anderson Municipal Code.
I ATTACHMENT
Ordinance
ITEM 6.3 PAGE2 6/17/2025
ORDINANCE NO. 864
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANDERSON ADOPTING CHAPTER 10.70 TO THE ANDERSON MUNICIPAL CODE REGARDING THE REGULATION OF FOOD TRUCKS AND AMENDING SECTIONS 10.60.020 AND
10.60.030 RELATING TO SPECIAL EVENT PERMITS
THE CITY COUNCIL OF THE CITY OF ANDERSON does hereby find, determine, and declare as follows:
WHEREAS, the City of Anderson, California ("City")is a municipal corporation, duly organized under the California Constitution and laws of the State of California, and by virtue of the police powers delegated to it by the Constitution, has the ability to promote the public health, safety, and general welfare of its citizens; and WHEREAS, the City wishes to adopt an ordinance regulating the use of food trucks within the City to create clear rules for food truck operation, and create opportunities for food truck operators to vend within the City; and
WHEREAS, the City also wishes to amend the ordinance pertaining to special event permits to consider the use of food trucks on City owned property or City right of way; and
WHEREAS, the City finds that the ordinance and these regulations are enacted in order to protect the health, safety, and welfare of the residents, property owners, and visitors to the City of Anderson.
NOW, THEREFORE, the City Council of the City of Anderson does ordain as follows:
SECTION 1. Chapter 10.70, "REGULATION OF FOOD TRUCKS" is hereby added in its entirety to the Anderson Municipal Code as follows:
Chapter 10.70- REGULATION OF FOOD TRUCKS
10.70.010- Definitions
"City" shall mean the City of Anderson.
"Food" shall be as defined in Health & Safety Code Section 113781. "Food Truck" means any mobile food facility as defined in Health & Safety Code Section 11381 and any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales or prepared, prepackaged, or unprepared food or foodstuffs or any kind that parks at one or more locations in the City. A food truck shall also include any trailer or wagon equipped and used as described in this section and pulled by a vehicle.
"Food truck vendor" or "vendor" means an individual or business responsible for or utilizing a food truck to sell, offer for sale, or distribute food. "Hand washing facility" means a facility providing either a basin, container, or outlet with an adequate supply of potable water, soap, and single use towels, as further "Health Officer" shall be as defined in Health and Safety Code section 111015. "Private Food Truck Event" shall mean an event where a food truck is vending on private property.
"Vend" or "vending" means to offer for sale or distribution.
10.70.020- Food Truck Operational Requirements
A. A vendor may not operate a food truck in the City of Anderson unless one of the following applies:
a. The food truck vendor has obtained a special event permit under Chapter
10.60 if vending on the public right of way or property owned by the city. b. The food truck vendor has obtained a private food truck event permit as set forth in permit section 10.70.030 if vending on private property.
B. Any vendor operating a food truck in the city must obtain a business license as required under Title 5 of the Anderson Municipal Code.
C. Any vendors operating a food truck in the city shall obtain a health permit from the Shasta County Health Officer. The health permit shall be displayed conspicuously at all times on the vendor's vehicle. Evidence of health permit shall be made available to City officials.
D. No food truck vendor shall operate more than three hundred feet (300') travel distance of an approved and readily available toilet and hand washing facility to ensure that restroom facilities are available to vendors and their employees whenever operating.
10.70.030- Private Food Truck Event Permit
A. A food truck vendor may not vend or otherwise operate on private property unless the food truck vendor has obtained a private food truck event permit from the city.
B. A food truck vendor with a private food truck event permit may not operate more than three times per year at each location and cannot vend for more than three days in duration, at no more than eight hours per day. The food truck vendor will also have an hour before operating and an hour after operating which will not be counted towards the eight-hour total.
C. No food truck vendor will be permitted to vend at more than six private food truck events per calendar year.
10.70.040- Violations
Fines and penalties of this chapter shall be subject to the penalty and enforcement provisions of this municipal code, including but not limited to, Chapter 1.22.
10.70.050- Severability
If any section, subsection, sentence, clause, phrase or word of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Ordinance SECTION 2. Section 10.60.020 ("PERMITS AND EXEMPTIONS") and Section 10.60.030 ("RULES AND REGULATIONS") of Chapter 10.60 ("REGULATION OF SPECIAL EVENTS") of Title 10 ("VEHICLES AND TRAFFIC") are hereby repealed and replaced with the following:
10.60.020 - Permits and exemptions.
Permit Required. Any person desiring to sponsor a special event, parade or other public assembly shall first obtain a special event permit by applying for such permit to the city manager. These regulations shall apply to any meeting, block party, assembly, parade, concert or other event not regulated by local ordinance which is held on any city street, alley, or other public easement, on public property, or may impact the use by the city or public of a city street, alley, public easement, or public property. The city may impose any and all rules and regulations on the approval of the special permit as discussed in Section 10.60.030 but may only deny the permit consistent with the provisions of Section 10,60,050.
10.60.030 - Rules and regulations.
A. Change of Date. Upon the request of the applicant, the city manager shall have the power, upon a showing of good cause, to change the date for which the permit has been issued, provided established limitations are complied with in respect to time and location.
B. Rules. The city is hereby authorized and directed to promulgate rules and regulations, subject to approval by the council as a formal policy, governing the form, time and location of special event activity set forth within the city. The city shall also provide for issuance of permits for the conduct of the special event provided it is determined the applicant's program and plans adequately provide for the following:
1. The health and safety of all persons;
2. Avoidance of undue disruption of all persons within the affected area;
3.The inclusive hours and dates such activity will transpire;
4. A general statement of the charter, nature or type of event to be held;
5. The name, address and telephone number of the person or persons in charge of the event;
6. The number of persons, spectators, and participants expected to be involved and/or attend the event;
7. Adequate permanent or temporary sanitary facilities;
8. The location and availability of parking areas to serve the anticipated number of participants;
9. Access of emergency vehicles is maintained;
10. All applicable permits must be obtained from county and state agencies if food or beverages are to be served;
11. Adequate coordinated and identifiable security, with emphasis on control of alcoholic beverages and prevention of illegal drug consumption.
C. Processing of Application. Before issuing a permit for a special event, the city manager shall cause a review to be made by each appropriate department regarding the application and shall have the findings set forth in writing and attached to the permit.
D. Fees. No application fees required. Facility rental fees shall apply. Reimbursement for personnel. Unless otherwise specified by the city council, all costs of services determined by the city to be necessary and provided by the city, including, but not necessarily limited to, the assignment of police, fire, and public works personnel necessitated by the event shall be borne by the applicant.
E. The names and information for all food truck vendors, as defined in section
10.70.010, are provided to the city with the application for the special event. All food truck vendors must comply with the requirements of section 10.70.020.
SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the CEQA Guidelines because the activity has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) of the CEQA Guidelines because the activity is not a project as defined in Section 15378) of the CEQA Guidelines.
SECTION 4. ENACTMENT. The City Clerk shall certify the adoption of this ordinance and shall cause it to be posted and/or published in accordance with the law.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Anderson held on June 3, 2025 and enacted at a regular meeting of the City Council of the City of Anderson held on June 17, 2025 by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
Susie Baugh, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
June 17, 2025, City Council Meeting
r Submittal By:
Manager
To:
From:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Date: June 17, 2025
!SUBJECT
Shasta Cascade Hazardous Materials Response Team
I RECOMMENDATION
Approving a letter indicating the City of Anderson is no longer participating due to Redding Fire Department assuming hazardous materials response in conjunction with Cal OES.
!FISCAL IMPACT
Savings of $1,132 per fiscal year.
I DISCUSSION and BACKGROUND
In 2007, the Shasta County Fire Department proposed a letter of understanding for multiple local agencies to partner to fund a County Fire position that would coordinate a multiple county hazardous materials response team to respond to hazardous spill events area wide.
The City of Anderson participates in funding this team on a pro-rata share of $1,132 per year. The original LOU that was expiring June 30, 2022 was set to be extended for another five (5) years based on Resolution No. 22-22.
ITEM 6.5 PAGE1 6/17/2025
There is no longer a need for the Shasta Cascade Hazardous Response Team (SCHMRT) now that the City of Redding Fire Department (RFD) is operating as an OES Hazardous Materials Response Team (HMRT) for the entire region. As a result, RFD will be assuming hazardous materials response coverage previously handled by SCHMRT.
As of March 31, 2025 RFD has been responsible for Hazardous Materials response in Cal OES Region 3. A letter indicating that the City of Anderson is no longer participating in SCHMRT is necessary to dissolve the team and reimburse the participating agencies any remaining funds.
I ATTACHMENT
1. Letter
2. Resolution No. 22-22
3. Shasta County Fire Department Request to Dissolve SCHMRT
4. Redding Fire Department Notification of Region 3 HMRT ITEM 6.5 PAGE2 6/17/2025
June 17, 2025
Shasta County Fire Department
Assistant Chief Kyle Ferris
Happy Valley Fire Center
855 Canyon Road
Redding, CA 96001
RE: City of Anderson Withdrawal from Shasta County Hazardous Material Response Team Dear Assistant Chief Ferris,
Please let this letter serve as formal notice that the City of Anderson is withdrawing from the Shasta County Hazardous Material Response Team (SCHMRT) This is in response to the City of Redding Fire Department assuming hazardous materials response in their role as the Hazardous Materials Response Team for Cal OES Region 3.
As provided in Section IX, the notice period is 120 days. In effect, calculating this time frame from the date of the letter, we are requesting the City of Anderson formally be withdrawn from the agency on October 15, 2025 or sooner.
Should you have any questions or concerns, please do not hesitate to contact me. orseth-Deshais, City Manager
Ci of Anderson
530-378-6650
I [email protected] n .ca.us
City Manager's Office
1887 Howard Street
Anderson, CA 96007
www.ci.anderson.ca.us Phone: (530) 378-6646
Fax: (530) 378-6648
RESOLUTION NO. 22-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON
AUTHORIZING THE CITY MANAGER TO SIGN A LETTER OF UNDERSTANDING FOR
THE CITY OF ANDERSON TO FINANCIALLY PARTICIPATE IN THE SHASTA
CASCADE HAZARDOUS MATERIALS RESPONSE TEAM (SCHMRT)
WHEREAS, in 2017, the City of Anderson entered into a Letter of Understanding to be a supporting member of the multi-agency Shasta Cascade Hazardous Materials Response Team (SCHMRT); and
WHEREAS, the 2017 LOU has expired and a new Letter of Understanding (LOU) has been prepared which formalizes the City's financial commitment to SCHMRT; and WHEREAS, the City of Anderson desires to continue to assist in the regional effort by contributing towards the funding of SCHMRT.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City Anderson authorizes the City Manager to execute the Letter of Understanding to formalize the City of Anderson's commitment to contribute towards SCHMRT for a period of five years and any amendments or subsequent agreements relating thereto.
PASSED AND ADOPTED by the City Council of the City of Anderson this 17th day of May 2022, by the following vote:
AYES: Councilmember Baugh, Neutze, Hunt, Gallagher and Mayor Baugh.
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
Baron Browning, Mayor
CALIFORNIA DEPARTMENT OF FORESTRY
AND FIRE PROTECTION . . • .
COOPERATIVE FIRE PROTECTION
Since 1980 .
SHASTA COUNTY FIRE DEPARTMERece1v
To Whom It May Concern:
Sean O'Hara
Chief
APR 2 4 2C~5
Anderson City Clerk
As you may or may not be aware, the City of Redding Fire Department (RFD) has officially acquired and is now operating as an OES Hazardous Materials Response Team (Region 3 HMRT 32) as of March 31, 2025. As a result, RFD will be assuming hazardous materials response coverage previously handled by the Shasta Cascade Hazardous Materials Response Team (SCHMRT).
Due to this transition, SCHMRT will be dissolved, and participating agencies are required to submit a formal letter stating their withdrawal from SCHMRT. This letter should indicate that your agency is no longer participating due to RFD assuming hazardous materials response in conjunction with OES.
Once all withdrawal letters are received, any remaining funds from SCHMRT will be equitably distributed among the signatory agencies.
Please ensure that your agency submits its withdrawal letter as soon as possible.
Included is the originally letter that RFD sent out, please reference for details on how to request the Region 3 HMRT 32.
Thank you for your cooperation in facilitating this transition.
Sincerelv.,
Kyle ~ Ferris
Assistant Chief
Happy Valley Fire Center
855 Canyon Road,
Redding, CA 96001
(530) 378-2902 Office
(530) 448-2406 Cell
CITY OF ~
REDDING::- -.,
CALI FOR Nik·
REDDING FIRE DEPARTMENT
JERROD VANLANDINGHAM, FIRE CHIEF
{530) 225-4141
REDDINGFIRE@CITYOFREODI NG ,ORG
March 25, 2025
CITY OF REDDING
777 Cypress Avenue Re:>clchng. CA 96001
PO BOX 496071. Redding. CA 96049 6071
cityofredding.org
To: County of Shasta, County of Tehama, County of Siskiyou, County of Trinity, City of Anderson, City of Red Bluff, City of Corning, County of Lassen, City of Shasta Lake, County of Modoc, California Highway Patrol
RE: Hazardous Materials Response in Cal OES Region 3
The Redding Fire Department has entered into an agreement with Cal OES and now operates Hazmat 32 as the Cal OES Region 3 Hazardous Materials Response Team (HMRT).
You are receiving this notification as your agency is signatory to the Letter of Understanding (LOU) that formed the Shasta Cascade Hazardous Materials Response Team (SCHMRT).
Effective March 31, 2025 Hazardous Materials response within Cal OES Region 3 will be handled by the Region 3 HMRT staffed and operated by the City of Redding Fire Department. --------- - --------------- --------
Hazmat Response Procedures
Within Shasta County:
• Hazmat 32 will serve as the primary response unit.
• Agencies should request hazmat support through the Redding Emergency Communications Center (ECCi.
• The ECC will notify the on-duty Battalion Chief, who will determine the appropriate response. • For local governmeot incidents where no billable party is identified, we are actively working on a cost recovery solution.
Outside of Shasta County:
• Hazmat 32 wilt be available as a mutual aid resource through Region 3. • Agencies must request support through Region 3, which will coordinate directly with RFD for availability and deployment.
• In situations without a billable party, cost recovery coordination will need to occur between the requesting agency and Reglon 3.
Region 3 Hazardous Materials Response Team requests that each jurisdiction having legal authority and responsibility for response maintain the following;
1. Initial capabilities to respond to any hazardous materials incident occurring within its jurisdiction
2. Incident Command of hazardous materials incidents occurring within its jurisdiction.
Region 3 HMRT will work within the jurisdiction's ICS and have full direction and control of all matters pertaining to the containment and decontamination of hazardous materials through resolution/mitigation or until relieved by the requesting jurisdiction
3. To the extent its resources allow, continue training and certifying first responders at the awareness, operations, technical levels to include decontamination services.
Region 3 HMRT will provide some opportunities for jurisdictions to send first responders to attend team trainings
4. To the extent its resources allow, continue to acquire and maintain personal protective equipment, materials, and supplies necessary to handle emergency decontamination services for its first responders
The Operations Director for Region 3 Hazardous Materials Response Team is Battalion Chief Erick Mattson of the Redding Fire Department. The Operations Directors contact information is:
Battalion Chief Erick Mattson
Redding Fire Department
Emattson@c1tyofre_dd1ng.QI&
Office (530) 225-4574
Regards,
Jerrod Vanlandingham, Fire Chief
Reddmg Fire Departmenl
777 Cypress Avenue, Redd ng, CA 96001
(530) 225-4141 Otc
City of Redding, CA
AGENDA ITEM
~une 17, 2025, City Council Meetin~
To:
Through:
From:
Date:
I SUBJECT
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Cindy Wheeler, Finance Director
June 17, 2025
Adopt Debt Management Policy
I RECOMMENDATION
Adopt Resolution approving debt management policy for City and related entities.
I FISCAL IMPACT
None. Each future issuance of debt will require specific City Council approval.
I DISCUSSION and BACKGROUND
Background:
Senate Bill 1029 (SB 1029), which became effective on January 1, 2017, amended California Government Code 8855 to add certain requirements related to the issuance and administration of debt by local agencies, including requiring the adoption of a debt policy meeting the requirements of California Government Code 8855.
ITEM 6.6a PAGE1 6/17/2025
This impacts the City now, as it desires to enter into a long-term equipment lease financing with The Huntington National Bank and may desire to enter into other financings in the future.
Analysis
In connection with the proposed financing with The Huntington National Bank, the City will need to submit to the California Debt and Investment Advisory Commission (CDIAC) a preliminary report of debt issuance which will include a certification that the City has adopted a debt policy that meets the requirements of California Government Code 8855(i). Adoption of the debt policies by the Successor Agency is required for compliance with the legislation.
In accordance with Government Code 8855(i), a local debt policy must include all of the following:
(A) The purposes for which the debt proceeds may be used. (8) The types of debt that may be issued.
(C) The relationship of the debt to, and integration with, the issuer's capital improvement program or budget, if applicable.
(D) Policy goals related to the issuer's planning goals and objectives. (E) The internal control procedures that the issuer has implemented, or will implement, to ensure that the proceeds of the proposed debt issuance will be directed to the intended use.
The contemplated debt management policy meets all of these requirements.
I ATTACHMENT
1. Resolution
2. Form of Debt Management Policy
ITEM 6.6a PAGE2 6/17/2025
RESOLUTION NO. 25-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON
APPROVING A DEBT MANAGEMENT POLICY
WHEREAS, Senate Bill 1029 (SB 1029), which became effective on January 1, 2017, amended California Government Code 8855 to add certain requirements related to the issuance and administration of debt by local agencies such as the City of Anderson (the "City"), including the requirement to adopt a debt policy meeting the requirements of California Government Code 8855 prior to issuing any debt; and
WHEREAS, the City wishes at this time to approve a debt policy that is compliant with California Government Code 8855 to govern future issuances of debt by the City, the Successor Agency to the dissolved Anderson Redevelopment Agency, the Anderson Public Financing Authority and any other entities for which the City Council of the City serves as the governing body; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anderson as follows:
1. Approval of Debt Management Policy. The City Council hereby approves and adopts the Debt Management Policy in the form presented to the meeting to govern the issuance and administration of debt issued by the City, the Successor Agency, the Public Financing Authority and any other entity for which the City Council serves as the governing body, all in accordance with, and subject to, the conditions set forth in such policy.
2. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Anderson on this 17th day of June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susie Baugh, Mayor
ATTEST:
Christy White, City Clerk
CITY OF ANDERSON
ADMINISTRATIVE POLICY AND PROCEDURE MANUAL
SUBJECT: DEBT MANAGEMENT POLICY
APPROVED:
NUMBER:
EFFECTIVE DATE: JUNE 17, 2025
AUTHORITY: NOT APPLICABLE
SUPERCEDES: ALL PREVIOUS WRITTEN AND VERBAL DIRECTION
This Debt Management Policy (the "Debt Policy") establishes the parameters within which debt may be issued and administered by the City of Anderson (the "City"), the Successor Agency to the dissolved Anderson Redevelopment Agency, the Anderson Public Financing Authority and any other entities for which the City Council of the City serves as the governing body ( collectively, the "Covered Entities"). Additionally, these policies apply to debt issued by a Covered Entity on behalf of assessment district, community facilities district, or other special district, and conduit-type financing.
Findings
This Debt Policy is intended to comply with Government Code Section 8855(i), effective on January 1, 2017, and shall govern all debt undertaken by a Covered Entity. The Covered Entities hereby recognize that a fiscally prudent debt policy is required in order to: (1) Maintain the Covered Entities' sound financial position; (2) Ensure the Covered Entities have the flexibility to respond to changes in future service priorities, revenue levels, and operating expenses; (3) Protect the Covered Entities' credit-worthiness; (4) Ensure that all debt is structured in order to protect both current and future taxpayers, ratepayers and constituents of the Covered Entities; and (5) Ensure that the Covered Entities' debt is consistent with their planning goals and objectives and capital improvement program or budget, as applicable.
Policies
1) Purposes For Which Debt May Be Issued
Debt Management Policy Page 1 of 4
(i) Long-Term Debt. Long-term debt may be issued to finance the construction, acquisition, and rehabilitation of capital improvements and facilities, equipment and land to be owned and operated by the City. Long-term debt financings are appropriate when the following conditions exist:
• When the project to be financed is necessary to provide basic services. • When the project to be financed will provide benefit to constituents over multiple years. • When total debt does not constitute an unreasonable burden to the Covered Entities and the City's taxpayers and/or ratepayers, as applicable. • When the debt is used to refinance outstanding debt in order to produce debt service savings or to realize the benefits of a debt restructuring.
Long-term debt financings will not generally be considered appropriate for current operating expenses and routine maintenance expenses.
(ii) Short-term debt. Short-term debt may be issued to provide financing for the Covered Entities' operational cash flows in order to maintain a steady and even cash flow balance. Short-term debt may also be used to finance short-lived capital projects; for example, the Covered Entities may undertake lease-purchase financing for equipment. 2) Types of Debt
The following types of debt are allowable under this Debt Policy: General obligation bonds (GO Bonds); Bond or grant anticipation notes; Lease revenue bonds, certificates of participation (COPs) and lease-purchase transactions; Other revenue bonds and COPs; Tax and revenue anticipation notes (TRANs); Land-secured financings, such as special tax revenue bonds issued under the Mello-Roos Community Facilities Act of 1982, as amended, and limited obligation bonds issued under applicable assessment statutes; Tax increment financing to the extent permitted under State law; Conduit financings, such as financings for affordable rental housing and qualified 501(c)(3) organizations.
The governing body may from time to time find that other forms of debt would be beneficial to further its public purposes and may approve such debt without an amendment of this Debt Policy.
3) Relationship of Debt to Capital Improvement Program and Budget The City and Covered Entities are committed to long-term capital planning. The City and Covered Entities intend to issue debt for the purposes stated in this Debt Policy and to implement policy decisions incorporated in the capital budget and the capital improvement plan.
Debt Management Policy Page 2 of 4
The City and Covered Entities shall strive to fund the upkeep and maintenance of its infrastructure and facilities due to normal wear and tear through the expenditure of available operating revenues. The City and Covered Entities shall seek to avoid the use of debt to fund infrastructure and facilities improvements that are the result of normal wear and tear.
The Covered Entities shall integrate their debt issuances with the goals of the capital improvement program by timing the issuance of debt to ensure that projects are available when needed in furtherance of their public purposes.
The Covered Entities shall seek to issue debt in a timely manner to avoid having to make unplanned expenditures for capital improvements or equipment from its general fund. 4) Policy Goals Related to Planning Goals and Objectives The City and Covered Entities are committed to long-term financial planning, maintaining appropriate reserves levels and employing prudent practices in governance, management and budget administration. The Covered Entities intend to issue debt for the purposes stated in this Debt Policy and to implement policy decisions incorporated in the annual operations budget.
It is a policy goal of the City and the Covered Entities to protect taxpayers, ratepayers (if applicable) and constituents by utilizing conservative financing methods and techniques so as to obtain the highest practical credit ratings (if applicable) and the lowest practical borrowing costs.
The City and the Covered Entities will comply with applicable state and federal law as it pertains to the maximum term of debt and the procedures for levying and imposing any related taxes, assessments, rates and charges.
When refinancing debt, it shall be the policy goal of the Covered Entities to realize, whenever possible, and subject to any overriding non-financial policy considerations, minimum net present value debt service savings equal to or greater than 3.0%. 5) Internal Control Procedures
When issuing debt, in addition to complying with the terms of this Debt Policy, the Covered Entities shall comply with any other applicable policies regarding initial bond disclosure, continuing disclosure, post-issuance compliance, and investment of bond proceeds.
Without limiting the foregoing, the Covered Entities will periodically review the requirements of and will remain in compliance with the following: (1) Any continuing disclosure undertakings entered into by the Covered Entities in accordance with SEC Rule 15c2-12; (2) Any federal tax compliance requirements, including, without Debt Management Policy Page 3 of 4
limitation, arbitrage and rebate compliance; and (3) Investment policies as they relate to the use and investment of bond proceeds.
Proceeds of debt will be held either (a) by a third-party trustee or fiscal agent, which will disburse such proceeds to or upon the order of the Covered Entities upon the submission of one or more written requisitions by the City Manager or Director of Finance ( or their equivalent positions), or his or her written designee, or (b) by the Covered Entity, to be held and accounted for in a separate fund or account, the expenditure of which will be carefully documented by the Covered Entity.
Debt Management Policy Page4 of4
AGENDA ITEM
June 17, 2025, City Council
r Submittal By:
To
To: Honorable Mayor and Members of the Anderson City Council Through: Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Finance Director
Date: June 17, 2025
lsueJECT
Amendments to the 2024-2025 Adopted Budget
I RECOMMENDATION
The Finance Director recommends that the City Council:
Adopt a Resolution Amending the 2024-2025 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 2024-2025 Adopted Budget
ITEM 6.6b PAGE1 6/17/2025
A TI ACHMENT 1
Resolution No. 25-_
A Resolution of the City Council of the City of Anderson Amending the 2024-2025 Fiscal Year Budget
WHEREAS, the City Council of the City of Anderson has reviewed a request to amend the 2024-2025 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 2024-2025 fiscal year.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Anderson, amends the 2024-2025 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 June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susie Baugh, Mayor
ATTEST:
Christy White, City Clerk
Account
001-0000-4532.000
001-0000-4406.000
001-1111-5400.000
001-1616-5400.000
001-3126-5220.000
001-3126-5310.112
001-3126-5240.000
001-6161-5360.000
104-4143-5400.000
106-4145-5721.010
111-4253-5726.026
1 l l-4253-5726.027
113-4259-5721.061
l 12·0000-4699.000
112-4254-5727.000
152-4147-5410.000
660-4171-5101.112
665-4382-5101.112
665-4382-5360.000
2024/2025 Budget Cleanup Amendment
Forfeitures & Penalties
Property Taxes in Lieu of VLF
Professional Services
Special Departmental Expense - Personnel
Salaries - Retirement
Salaries OT - APO
Salaries OT - Worker's Compensation
Utilities - Parks
Professional Services
Utilities - Street Lighting
Cobblestone/Limestone Sewer Line Repair
Gateway Sewer l..ine Repair
Pavement Improvements - Traffic Capital
Other Grants - Water Capital
APV I Volonte Well
Equipment Maintenance - Silvergate SSMD
Salaries OT - Water supply & Distribution
Salaries OT • WW Treatment Plant
Utilities - WW Treatment Plant
Current
Budget
25 1,502,902
30,000
1,000
927,640
284,445
153,294
17,000
80,000
68,000
-
-
-
-
-
400
7,489
15,505
235,600
Change
70 122,000
48,000
24,000
337,000
240,000
72,000
63,000
80,000
30,000
77,000
134,870
762,000
385,483
342,211
6,200
34,000
24,000
84,000
New
Budget
95 1,624,902
78,000
25,000
1,264,640
524,445
225,294
80,000
160,000
98,000
77,000
134,870
762,000
385,483
342,211
6,600
41,489
39,505
319,600
Attachment "A"
Reason for Change
Increased revenues received
Increased revenues received
WM Compliance
Increase in Personnel services
Unfunded Liability increase
Increase in Law Enforcement OT Coverage
Increase in Worker's Compensation Claims.
Increase in Utility expense
McMurray Drive Rehabilitation
Increase in Utility expense
Council-approved Sewer Replacement Project
Council-approved emergency sewer repair
McMurray Drive Rehabilitation
Grant reimbursement rec'd for APV
Volonte Well Project
Unexpected Equipment Maintenance
Emergency Leak Repairs
Increase ion OT costs
Increase in Utility expense
AGENDA ITEM
I June 17, 2025, City Council Meeting
for Submittal By:
seth-Deshais, City Manager
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Adam Whelen, Public Works Director
Date: June 17, 2025
!SUBJECT
Notice of Completion for the River Trail Storm Damage Rehabilitation Project
I RECOMMENDATION
The Public Works Director recommends that the City Council:
Direct the Public Works Director to prepare and record a Notice of Completion for the River Trail Storm Damage Rehabilitation Project
I FISCAL IMPACT
The Engineers Estimate was $510,000.00 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 total fiscal impact was $543,177.35.
I DISCUSSION and BACKGROUND
At the November 14, 2024, City Council meeting, staff was directed to advertise the project for bid. The project was advertised on January 03, 2025, on Virtual-Bid. Sealed bids were ITEM 6.10 PAGE1 06/17/2025
opened on January 29, 2025, in the City Council Chambers, and the lowest responsible bidder was Tullis Inc., with an apparent low bid of $494,800.00.
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 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 required, at a minimum, permits from the Army Corp of Engineers, Regional Water Quality, and Fish and Wildlife.
Due to additional damage incurred during the Spring of 2025 and an outflow from Keswick Dam exceeding 62,000 CFS, a contract change order was issued for additional class 2 aggregate base and rock slope protection at the unit cost of the original bid. Initially, the plans called for 500 cubic yards of rock slope protection; however, an overall total of 673.30 cubic yards was required to complete the project.
A notice of completion is recorded in accordance with California Civil Code Section 8182 and should be recorded within 15 days of project completion. The recorded notice is an important milestone for any stop payment notices or payment bond claims that can be made by the construction contractor's material suppliers and equipment lessors.
Having completed the project, the Public Works Department is now ready to record the Notice of Completion with Shasta County.
I ATTACHMENT
1. Notice of Completion
ITEM 6.10 PAGE2 06/17/2025
RECORDING REQUESTED BY:
City of Anderson
Public Works Department
WHEN RECORDED RETURN TO:
City of Anderson
City Clerk's Office
1887 Howard St.
Anderson, CA 96007
No Fee Document
GC 6103
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Anderson, a Municipal Corporation, as owner of the real property hereinafter described, caused improvements to be made thereon, to wit:
River Trail Storm Damage Rehabilitation Project (Project Number 2025-01).
The work of improvement on the real property was completed on June 3, 2025.
The City of Anderson is the sole owner of the work of improvement and the real property.
The work of improvement and real property is situated in the City of Anderson, County of Shasta, State of California, and is more particularly described as follows:
River Trail Storm Damage Rehabilitation Project in the City of Anderson, County of Shasta, San Buena Ventura Grant, Range 4 West, Township 30 North.
The name of the Contractor who performed the work and improvements is as follows:
Tullis Inc.
16951 Clear Creek Road
Redding, CA 96001
Dated: June __,J 2025.
CITY OF ANDERSON
By: _________________ _
Adam Whelen, Public Works Director
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Adam Whelen, Public Works Director
City of Anderson, County of Shasta, State of
California
DRAFT
ANDERSON PUBLIC FINANCING AUTHORITY
June 25, 2024
6:02 p.m.: The City Council recessed and the Anderson Public Financing authority convened.
Board Members Present: Susie Baugh
Mike Gallagher
Dan Gallier
Melissa Hunt
Stan Neutze
MINUTES
By motion made, seconded (Hunt/Baugh) and carried by a 5-0 vote, the Board approved the minutes of the meeting of June 20, 2023.
Vote: AYES: Board Members Hunt, Baugh, Gallagher, Gallier and Neutze.
NOES: None.
ABSTAIN: None.
ABSENT: None.
REPORTS - None.
UNFINISHED BUSINESS- None.
6:02 p.m,; The City Council reconvened, and. together with the Anderson Public Financing Authority. continued in ioint session.
PUBLIC HEARINGS
ALL NOTICES WERE GIVEN ACCORDING TO LAW.
ADOPTION OF BUDGET
Finance Director Cindy Wheeler along with City Manager Joey Forseth-Deshais gave a staff report and answered questions from the Council/Board.
One comment was received from Darin Hale regarding the budget.
By motion made, seconded (Baugh/Hunt), and carried by a 5-0 vote, the Council adopted Resolution No. 24-32 adopting budget appropriations for fiscal year 2024-2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
DRAFT
Councilmembers Baugh, Hunt, Gallagher, Gallier and Neutze.
None.
None.
None.
By motion made, seconded (Gallagher/Gallier), and carried by a 5-0 vote, the Council adopted Resolution No. 24-33 establishing the Gann appropriations limit for fiscal year 2024-2025 and finding that the adopted appropriations are within the limit.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Gallagher, Gallier, Baugh, Hunt and Neutze.
None.
None.
None.
By motion made, seconded (Hunt/Baugh), and carried by a 5~0 vote, the Anderson Public Financing Authority Board adopted Resolution No. APFA 24-01 readopting a zero budget for the Anderson Public Financing Authority for fiscal year 2024-2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
Board Members Hunt, Baugh, Gallagher, Gallier and Neutze.
None.
None.
None.
6:34pm: The Anderson Public Finandn,g Authority adjourned. and the Ci(Y Council continued.
Stan Neutze, Chairman
ATTEST:
Christy White, City Clerk
CITY COUNCIL & APFA JOINT
AGENDA ITEM ~une 17, 2025, City Council, and APFA Meetin~ for Submittal By:
Joe seth-Deshais, City Manager
e Presented By:
Cindy Wheeler, Finance Director /Treasurer
To: Honorable Mayor and Members of the Anderson City Council Through: Joey Forseth-Deshais, City Manager
Executive Director, Anderson Public Financing Authority From Cindy Wheeler, Finance Director/Treasurer
Date: June 17, 2025
I SUBJECT
Approval of the 2025-2027 budget.
I RECOMMENDATION
The Finance Director recommends that the Council:
1.Conduct a public hearing
2. Adopt a Resolution adopting budget appropriations for fiscal year 2025-2027.
3. Adopt a Resolution establishing the Gann appropriations limit for fiscal year 2025-2026 and finding that the adopted appropriations are within the limit.
And at the conclusion of the joint City Council/ Anderson Public Finance Authority, the Executive Director recommends that the Anderson Public Financing Authority:
1.Adopt an Anderson Public Financing Authority Resolution readopting a zero budget for the Anderson Public Financing Authority for fiscal year 2025- 2027.
ITEMAPFAS PAGE1 6/17/2025
I FISCAL IMPACT
Adoption of the budget will establish the financial plan for the City for the next fiscal year, and the appropriations establish fiscal controls for each department and fund. Adoption of the Gann appropriations limit will ensure that the City complies with Propositions 4 and 111, which were passed by the voters in 1979 and 1990, respectively, and which place limits on the amount of tax revenue that can be spent by local governments.
I DISCUSSION and BACKGROUND
The budget presented to the Council tonight was originally presented during the Budget Workshop on June 3, 2025. Changes have been made to reflect current revenue and expenditure projections. At tonight's Council Meeting, the City Council and Public Financing Authority Board will consider adopting a series of resolutions that will put our financing plan in place for the 2025-2026 & 2026-2027 fiscal years.
The Capital Improvement Plan (CIP) was brought to the Planning Commission on March 24, 2025. The Planning Commission adopted resolution No. 25-02 stating the CIP is in compliance with the General Plan.
Attached to this budget items are three resolutions that, combined, adopt all components of the budget, and the the Gann limit. To assist in understanding the budget, I have included supporting material showing revenue projection details and a schedule of approved staffing.
General Fund ,..
General Fund Revenue Projections for Fiscal Years 2025-26 and 2026-27 The projected revenues for the General Fund in the upcoming fiscal years are as follows:
• Fiscal Year 2025-26: $12.3 million
• Fiscal Year 2026-27: $12.47 million
Property Tax:
• 2025-26: $3.07 million
• 2026-27: $3.1 million
Transient Occupancy Tax (TOT):
• 2025-26: $672,559
• 2026-27:$67~285
ITEMAPFA5 PAGE2 6/17/2025
Sales Tax:
• Fiscal Year 2025-26:
o Bradley-Burns: $4,544,142
o Measure A (Transaction and Use Tax): $2,356,041
• Fiscal Year 2026-27:
o Bradley-Burns: $4,589,584
o Measure A: $2,379,602
The Finance Department will continue to monitor revenue streams closely, considering the potential impact of ongoing inflationary trends.
Budgeted Expenditures for the General Fund - Fiscal Years 2025-26 and 2026-27 The budgeted expenditures for the General Fund are as follows:
• Fiscal Year 2025-26: $12.41 million
• Fiscal Year 2026-27: $12.52 million
The projected difference between the budgeted revenues and expenditures results in a decrease in the General Fund reserve of:
• 2025-26: ($100,903)
• 2026-27: ($57,425)
As discussed during the budget workshop on June 3rd, 2025, these projected deficits will be incorporated into a structurally balanced budget. It is understood that this approach will require drawing down on the reserves. However, it is anticipated that these funds will be replenished in subsequent years.
Water and sewer Enterprise Funds
Water
Revenues for the Water Fund are projected at $2,980,532 for the fiscal year 2025-26, with expenditures estimated at $2,999,748. For the fiscal year 2026-27, revenues are expected to reach $3,159,364, with expenditures of $3,068,953. This results in a net increase to the Water Fund reserves of $71,195. These revenue projections incorporate the Councilapproved water rate increases.
Sewer
Revenues for the Sewer Fund are based on the proposed sewer rate adjustments, which are set to be voted on during the public meeting on July 15, 2025. For the fiscal year 2025-26, estimated revenues are $2,904,518, with expenditures totaling $3,038,758. For fiscal year ITEMAPFAS PAGE3 6/17/2025
2026-27, revenues are projected to be $4,797,718, while expenditures are expected to be $3,116,292. This will result in an increase to the Sewer Fund reserve of $1,571,186.
The Sewer Fund has faced a persistent gap between revenues and expenditures in recent years. A comprehensive fee study has been conducted, and rate increases are being considered during a public hearing scheduled for July 15, 2025. Should the necessary rate increases not be implemented, the Sewer Fund will continue to draw down on reserves until they are depleted. The last increase in sewer rates occurred in 2015.
Increased Expenditures
The rise in expenses across both the Water and Sewer Enterprise Funds is primarily attributed to unfunded state mandates, increases in the cost of materials ( such as chemicals, pipes, etc.), deferred maintenance, and the continual rise in utility rates necessary to maintain 24/7, year-round operation of both services.
Ongoing Monitoring
Staff will continue to closely monitor the financial status of these enterprise funds and will present any required adjustments to the City Council as necessary.
Future Fiscal Picture
City staff consistently monitor national, state, and local economic conditions to ensure the City of Anderson can meet its financial obligations and effectively serve its residents. Gas Tax revenues are projected at $1,601,839 for fiscal year 2025-26 and $1,617,858 for 2026- 27, based on historical trends and adjusted for anticipated fluctuations in fuel prices and consumption. These projections are closely monitored throughout the fiscal year to adapt to any significant changes.
The City also faces substantial obligations related to the California Public Employees' Retirement System (Cal PERS). For the 2025-26 fiscal year, the total unfunded liability payment is estimated to increase by $201,749, bringing the total to $1,516,371. This includes $587,247 for the Safety Group (an increase of $84,210) and $929,124 for the Miscellaneous Group (an increase of $117,539). These increases are primarily due to lower-than-expected investment returns, with the June 30, 2022, actuarial valuation reporting a -6.1 % return, significantly below the assumed 6.8% rate.
Additionally, the City's Workers' Compensation Premium is projected at $451,761 for the 2025-26 fiscal year, reflecting an increase of $51,581 from the previous year. This rise is attributed to various factors, including changes in claim frequency and severity.
Conversely, the Liability Premium is projected at $556,198, a decrease of $21,673 from the prior year, due to favorable appraisals conducted during the 2024-25 fiscal year.
Staff have worked diligently to decrease expenditures where possible by reducing staff, fleet vehicles, and services where necessary. Below is a brief list of the cost-saving measures implemented by staff.
ITEMAPFAS PAGE4 6/17/2025
No backfill of the following positions:
• Director of Community Services
• Reserve Officer
• Sergeant
• Maintenance Workers (x4)
• Clerk Typist (Customer Service/Finance Dept.)
• Associate Planner
• Engineering Technician
Converted positions for cost savings:
• Assistant City Manager (Hired Finance Director)
• Director of Operations and Administration (Hired PW Admin Services Manager) • APD Support Admin Division Manager (Hired Administrative Assistant PD) Other cost savings measures:
• Reduction in fleet size
• Reviewed and cancelled unnecessary contracts
• Cancellation of City Council travel budget
• Reduction in scale of community events
• Passing through credit card processing fees
Future Challenges:
• Increases in Work Comp Insurance, Liability Insurance, PERS Unfunded Liability • Inflation
• Tariffs
• Utility costs increasing
• Aging infrastructure and deferred maintenance
• Bargaining Unit Negotiations
Monitoring of Expenditures
In light of escalating costs for materials and supplies, city staff will maintain vigilant oversight of all fund expenditures. The current budget projections have accounted for anticipated increases in these areas to ensure the continued provision of essential services.
Acknowledgments
We extend our sincere gratitude to the City Council, department heads, managers, and staff for their unwavering dedication and collaborative efforts in preparing this budget. Their commitment to excellence and service to the City of Anderson is deeply appreciated.
ITEMAPFAS PAGES 6/17/2025
I ATTACHMENTS
1. City Budget Adoption Resolutions
2. Gann Limit Resolution
3. Anderson Public Financing Authority Budget Resolution
4. Supporting Material
5. Budget Detail
ITEMAPFA5 PAGE6 6/17/2025
Attachment 1
RESOLUTION NUMBER 25-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON
ADOPTING BUDGET APPROPRIATIONS
FOR 2025-2026 FISCAL YEAR
WHEREAS, the City Council has reviewed the proposed budget for 2025-2026; and WHEREAS, the City Council now wishes to adopt this budget as the City's spending plan for 2025-2026; and
WHEREAS, the City Council further wishes to adopt budget appropriations for Fiscal Year 2025-2026.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Anderson adopts the 2025-2026 budget, as developed by the City Manager and approved by the City Council, and adopts appropriations for Fiscal Year 2025-2026 as summarized below:
AnticiJ;iated Ai;1J;iro12riat~d
Revenues Exnenditures
General Fund 12,316,504 12,417,407
Grant Funds 120,100 365,764
Assessments 223,122 245,001
Enterprise Funds 5,885,050 6,038,502
Successor Agency Funds 696,468 751,703
Other Special Revenue Funds 1,879,146 1,702,405
Internal Service Funds O* 5,389,078
CIP Funds 467,091 623,228
TOTALS 21,587,481 27,533,088
*excludes interdepartmental charges of $5,482,994
PASSED AND ADOPTED by the City Council of the City of Anderson on this 17th day of June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susie Baugh, Mayor of the City of Anderson
ATTEST:
Christy White, City Clerk
Attachment 1
RESOLUTION NUMBER 25-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON
ADOPTING BUDGET APPROPRIATIONS
FOR 2026-2027 FISCAL YEAR
WHEREAS, the City Council has reviewed the proposed budget for 2026-2027; and WHEREAS, the City Council now wishes to adopt this budget as the City's spending plan for 2026-2027; and
WHEREAS, the City Council further wishes to adopt budget appropriations for Fiscal Year 2026-2027.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Anderson adopts the 2026-2027 budget, as developed by the City Manager and approved by the City Council, and adopts appropriations for Fiscal Year 2026-2027 as summarized below:
An th;;iga ted A1.mro11ris!tfd
B.~v~ny~~ EimPnditures
General Fund 12,464,508 12,525,323
Grant Funds 120,301 374,003
Assessments 223,291 251,615
Enterprise Funds 7,957,082 6,185,245
Successor Agency Funds 702,378 753,489
Other Special Revenue Funds
1,915,165 1,718,628
Internal Service Funds 0* 5,492,896
CIP Funds 471,762 525,786
TOTALS 23,854,486 27,826,985
*excludes interdepartmental charges of $5,492,896
PASSED AND ADOPTED by the City Council of the City of Anderson on this 17th day of June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susie Baugh, Mayor of the City of Anderson
ATTEST:
Christy White, City Clerk
Attachment 2
RESOLUTION NO. 25-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON ESTABLISHING THE APPROPRIATION LIMIT FOR THE 2025-2026 FISCAL YEAR WHEREAS, Article XIIIB of the California Constitution was enacted into law, and later amended, by the passage of Propositions 4 and 111; and WHEREAS, the City Manager/Finance Director-Treasurer has calculated the Appropriation Limit in accordance with the uniform guidelines for implementation of Article XIIIB of the California Constitution; and
WHEREAS, the calculations used to compute the limitation is attached to this Resolution as Exhibit A and made a part hereof.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Anderson hereby establishes the Appropriation Limit for the 2025-2026 fiscal year to be $22,943,641.
PASSED AND ADOPTED by the City Council of the City of Anderson on this 17th day of June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susie Baugh, Mayor of the City of Anderson
ATTEST:
Christy White, City Clerk
RESOLUTION NUMBERAPFA 25-_
RESOLUTION APPROVING ANDERSON PUBLIC FINANCING AUTHORITY BUDGET APPROPRIATIONS FOR 2025-2026 & 2026-2027
Attachment 3
WHEREAS, the Anderson Public Financing Authority has reviewed the Executive Director's proposed budget for 2025-2026 & 2026-2027; and WHEREAS, the Anderson Public Financing Authority now wishes to adopt this budget as the Authority's spending plan for 2025-2026 & 2026·2027; and WHEREAS, the Anderson Public Financing Authority further wishes to adopt appropriations as the Authority's spending plan for Fiscal Year 2025-2026 & 2026-2027.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the Anderson Public Financing Authority of the City of Anderson adopts the 2025-2027 budget, as developed by the Executive Director and adopts appropriations for Fiscal Year 2025-2027 as follows:
Anticipated Appropriated
Revenues Expenditures
U! ll
Total $0 $0
PASSED AND ADOPTED by the Anderson Public Financing Authority of the City of Anderson on this 17th day of June, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Susie Baugh, Chair
ATTEST:
Joey Forseth-Deshais, Secretary
' r
Actual and Anticipated Revenues, 2021122 through 2026127 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 2026/2027 Actual Actual Actual Budget Pro2osed Pro2osed
General Fund
001 4400 Property and In Lieu Property Taxes 1.116,143 1,191.995 1.325,900 1.302,036 1,445,231 1,459,683 001 4406 Property Taxes In Lieu of VLF, Net 1.325,339 1,422,354 1,451,902 1.502,902 1,624,902 1,641.151 001 4410 Sales and In-Lieu Sales Taxes 4,047,782 4,455,035 4,411,789 4.222,600 4,544,142 4,589,584 001 4410.200 Transaction and Use Tax 2,184,159 2,212.184 2,382,219 2,270,000 2,356,041 2,379.602 001 4420 Hotel/Motel Transient Occupancy
Taxes 775,875 665,909 535,915 665,900 672,559 679,285
001 4430 Franchise Taxes 389,396 392,561 413,489 399.131 459,163 488,755 001 4440 Business Licenses 63,873 69,678 72,086 72.125 80.000 80,8 00 001 4450 Real Property Transfer Tax 65,857 34,180 33,979 34.170 36,851 37,219 001 4510 Building Permits 156,998 142,374 74,697 77,000 115,750 116,908 001 4510-100 Mobile Home Permits 909 2,086 499 500 500 505 001 4511 Plumbing Permits 96,289 35,728 17,684 20,000 15,108 15,259 001 4512 Electrical Permits 30,500 37.251 20,547 23,500 17,155 17,326 001 4513 Administrative Citations 20,375 4,100 4,875 4,800 2,000 2,020 001 4520 Other Licenses and Permits 885 2,655 2.520 2,650 Z.000 2,020 001 4530 Vehicle Code Fines 26,741 23,623 32,539 25,600 25,000 25,250 001 4531 Criminal Fines (5,238) 3,841 6,185 4,400 2,500 2,525 001 4532 Forfeitures and Penalties 147 16 41 25 50 51
001 4550 Investment Earnings 2,781 24,869 11,180 2,850 10.000 10,100 001 4553 Rents 20,139 20,093 17,806 20,500 26,500 26,765 001 4601 Motor Vehicle License Fees
001 4605 Homeowners Property Tax Relief 10,901 10,705 10,731 10,972 10,700 10,807 001 4611 POST Reimbursement 15,925 3,511 17,987 11,400 14,0 26 14,166 001 4613 SB 90 Reimbursement 20,113 20,113 20,314
001 4615 State Booking Fee Reimbursement
001 4621 Adult Protective Services Investigator
001 4625 Police Augmentation (Prop 172) 16,131 16,131 16,131 16,131 16,131 16,131 001 4634 School Resource Officer Contributions
001 4635 Police Restricted (SINTF)
001 4636 American Rescue Plan Act Funds 2,542,922
001 4638 Vehicle Abatement Fees
001 4690 CARES Act Funding
001 4699 Other Grants (Police Grants) 45,803 33,165 59,165 58,000 59,000 59,5QO 001 4700 Zoning Fees 10,663 21,467 17,568 16,100 7,100 7,17 1 001 4701 Plan Check Fees 150,106 108,265 58,299 76,000 61.000 61,6 10 001 4702 Vanances and Permits 8,779 12,113 6,953 9,000 8,364 8,447 001 4703 En\flronmental Fees 900 980 1,005
001 4704 Map Charges and Fees 702 1,101 602 1,000 500 505 001 4730 Special Police Services 1,115 880 1.110 1,100 800 808 001 4733 Animal Shelter Fees
001 4734 Building Inspection Fees 616 671 728 688 700 707 001 4740 Engineering Fees 64,698 21,787 8,615 22,332 11.000 11,110 001 4760 Community Center Fees 29,143 22,910 21,765 23,483 23,631 23,868 001 4761 Park Fees 39,769 30,275 46,385 40,725 46,000 46,460 001 4762 Recreation Director Services 4,688 4,616 4,616 4,616 4,662 001 4763 Recreation Programs 20,922 29,626 38,609 31,000 41,000 41,410 001 4782 Cost Plan Charges 253,829 269,510 269,510 349,640 411,093 415,204 001 4789 Internal Engineering Charges 51,972 45,320 8,073 46,453 14,635 14,781 001 4800 Sa le of Property
001 4820 Returned Check Penalty 1,563 2,844 4,040 3,450 3,892 3,931 001 4850 Other Revenues 15,313 167,697 59,636 45.000 19,225 19,417 001 4851 Other Police Revenues 92,805 95,187 29,016 97,567 95,715 96,672 001 4851-1 Other PD - Towing 22,007 20,625 15,000 21,141 11,812 11,930 001 4852 Suspense Cash Over (Under)
001 4854 Insurance Refunds
001 4855 Reimbursements/ Grant Funding 40,000
Total General Fund 11,172,613 14,202,913 11,570,504 11,537,491 12,316,504 12,464,S08 Actual and Anticipated Revenues, 2021122 through 2026/27 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 2026/2027 Actual Actual Actual Buds:et Pro2osed Proeosed
Gas Tax Funds
104 4550 Investment Earnings 17,036 22,188 48,140 750 750 758 104 46xx State Gas Tax 180,859 208,348 221,622 216,891 231,920 234,239 104 4606 State Gas Tax (201 O swap) 71,929 90,914 102,091 94,641 106,276 107,339 104 4607 State Gas Tax (RMRA) SBl Funds 195,640 246,545 282,427 256,653 293,091 296,022 104 4850 Other Revenues
104 4900 Transfer In
105 4550 Investment Earnings 100
105 4630 RTPA TOA Allocation 691,738 680,488 741,290 708,388 771,683 779,400 105 4631 RTPAMPO Funds
105 4649 RTPA Exchange Funds
105 4647 AB 2928 Transportation Funds
105 4648 Propositon 42 Road Maintenance
105 4850 Other Revenues 289,754 305,585 355,242 20,000 198,119 200,100 Total Gas Tax Funds 1,447,056 1,554,068 1,750,812 1,297,323 1,601,839 1,617,858 Successor Agency to the Redevelopment Agency
132 4550 Interest Earnings
132 4555 Loan Income 26,735
132 4850 Administrative Fee (Regency)
132 4900 Transfers from Debt Service Fund
330 4550 Interest Earnings
330 4900 Transfers In 110,494 101,000 103,928 103,929 103,929 103,929 446 4550 Inte rest earnings • RDA Bonds• 2005
223 4550 SW Redevelopment Interest 113 1,500 1,500 1,500 223 4404-100 SW RDA Property Tax Increment 601,200 562,596 591,039 562,596 591,039 596,949 223 4900 Transfers In
331 4850 Other Revenue - ED Contribution
Total Successor Agency Funds 711,807 663,596 721,702 668,025 696,468 702,378 Water and Wastewater Funds
660 4550 Investment Earnings 1,720 3,973 265 4,200 4,300 4,558 660 4553 Rents 10,350 10,350 11,903 10,609 12.200 12,932 660 4555 Loan Interest Income
660 4770 Water - Residential 1,122,901 1,080,856 1,352,863 1,965,243 2,260,029 2,395,631 660 4771 Water - Commercial 343,037 324,806 374,177 485,757 5S8,621 592,138 660 4772 Water• Construction 5,054 680 2 1,558 1,200 1,380 1,463 660 4773 Water - Hydrants 18,752 10,165 11.131 14,515 16,693 17,694 660 4774 Water· Ready to Serve 41,508 41,840 42,054 59,747 68,709 72,832 660 4775 Water - Connection 4,655 3,200 4,570 4,600 4,876 660 4800 Sale of Real Property
660 4820 Late/Turn On Fees 43,610 45,220 45,285 45,000 46,000 48,760 660 4850 Other 32,264 1,304 1,431 500 8,000 8,480
660 4900.100 Operating Transfer
665 4550 Interest Earnings 4,430 18,924 15,876 18,924 6,000 3,000 665 4555 Loan Interest Income
665 4780 Sewer User Fees 1,760,342 1,782,856 1,807,376 1,871,998 2,783,000 4,679,000 665 4850 Other Revenue 4,197 4,541 3,000 4,655 6,200 6,400 665 4900 Sewer Transfers In 483,211 53,592 109,318 109,318 Total Water and Wastewater Funds 3,876,031 3,382,306 3,686,919 4,486,917 5,885,050 7,957,082 Actual and Anticipated Revenues, 2021/22 through 2026127 2021/2022 2022/2023 2023/2024 2024/202S 202S/2026 2026/2027 Actual Actual Actual Budget Pro2osed PrOl?Osed
Grant Funds
117 4619 Police Grants - SLESF 100,000 100.000 100,000 100,000 100,000 100,000 121 4555 DAP loan interest 20,889 36,S36 50,052 16,000 18,000 18,180 122 4550 interest earnings 1,303 3,120 4,126 500 500 sos 122 4555 loan interest income 1,495 571 600 600 606
122 4699 EDBG Program Income Grants
128 4550 Interest Earnings 1
128 4555 Loan Interest Income 9,800 23,313 36,924 10,000 1,000 1,010 148 4633 CDBG 13-8966
149 4633 HOME 13·8997
154 4633 CDBG - COVID 2/3 234.388 91.772
157 4633 2021-CDBG 55,950
Total Grant Funds 133,488 397,928 338,824 127,100 120,100 120,301 Assessment Districts
106 4470 Lighting District 60,727 63,575 63,628 65,482 63,780 63,780 106 4900 Transfer In 14,300 15,000 14,911 15,836 16,232 16,232 150 4841 Southridge Terrace LMD 9,736 12,610 12,651 14,000 14,000 14,000 151 4841 Vineyards 2006-1 LLD 21,611 35,954 35,953 39,408 152 4841 Silvergate Sanitary Sewer 5,121 5,742 5,985 11,051 12,495 11,501 222 4550 Riverside Ea5t Interest Earnings 1,780 4,085 4,991 1,743 1,786 1,804 222 4840 Riverside East Assessments 113,070 112,830 109,632 116,S43 114.421 115,565 222 4900 Transfers In-Mattioli 410 409 409 409 409 409
Total Assessment Districts 226,755 2S0,20S 248,160 264,472 223,122 223,291 Internal Service Funds
770 4784 Pub lic Works Charges 1,203.745 1,617,356 2,127,203 1,725,556 1,964,700 1,984,347 771 4787 Vehicle Maintenance Charges 601.445 840,843 855,386 1,097,706 1,171,438 1.183,152 771 4800 Sal~ of Assets/ Grants 26,900 67,435 33,820 7,500 7,500 7,500 772 4788 Building and Equipment Charges 223,632 223,632 515,214 534,564 455,915 460.474 773 4785 Customer Service Charges 420,230 452,650 510,051 439,242 548,212 553,694 774 4786 Computer Operations Charges 174,322 177,130 249,998 211,893 273,058 275,789 775 4855 Reimbursements/WC Charges 391,985 226,296 183,076 400,180 451,761 456,279 776 4855 Reimbursements/ Liability Charges 139,520 278,943 667,815 805,424 556,198 561,760 Total Internal Service Funds 3,181,779 3,884,28S 5,142,562 S,222,06S 5,428,781 5,482,994 Other Special Revenue
161 4763-118 Mosquito Serenade 35,987 107,983 136,081 150,000 80,000 100,000 190 4553 Rent from Partnership 7,700 9,100 9,100 8,400 8,400 8,400 190 4855 Reimbursements from Shasta County 56,5S9 47,132 45,263 57,000 129,023 129,023 190 4900 transfers in 34,370 38,819 30,496 38,000 59,884 59,884 553 4747 SINTF Trust Fund 232,534 137,266
Total Other Special Revenue 367,1S0 340,300 220,940 253,400 277,307 297,307 Actual and Anticipated Revenues, 2021/ZZ through 2026127 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 2026/2027 Actual Actual Actual Bud1et Pro2osed Pro2osed
Capital Improvement Funds
108 4550 Investment Earnings 2,254 5,000 16,637 5,050 16,803 16,971 108 4750 Corp Yard & Police Bldg Fees 91,412 59,000 28,892 52,650 52,650 53,177 109 4550 Investment Earnings 4,598 4,000 14,566 4,040 14,712 14,859 109 4751 Storm Drain Capital Fees 146,394 35,500 16,080 28,366 28,366 28,650 109 4850 Other Revenues
110 4550 Investment Earnings
110 4652 Other Park Capital Grants 177,952
110 4752 Parks Capital Fees 60,704 59,000 15,176 22,764 22,764 22,992 110 4800 Sale of Real and Personal Prop
110 4810 Contributions-Non Gov't Source
110 4900 Transfers In 2,000,000
111 4S50 Investment Earnings 6,941 2,000 9,410 2,020 9,S04 9,599 111 4753 Sewer Capital Fees 152,533 135,000 45,650 45,650 46,107 111 4900 Transfers In 102,807 105,245 104,733 106,297 105,780 106,838 112 4550 Investment Earnings 782 789 797
112 4754 Water Capital Fees 108,755 66,000 89,326 22,000 22,000 22,220 112 4900 Transfers In
113 4550 Investment Earnings 8,163 10.000 57,295 10,100 57,868 S8,447 113 45S3 Rents
113 4758 Traffic Impact Capital Fees 248,368 93,000 60,931 93,930 61,540 62,156 115 4550 Investment Earnings 3,429 3,463 3,498
115 4704 Map Charges 641
115 4758 1-5/Deschutes Offramp Impact Fees 68,436 42,000 17,619 25,200 25,200 25,452 3,002,006 615,745 612,828 418,067 467,091 471,762
Employee Wages and Benefits, 2025 /26 Budget Vear
gross disability,
earnings, health,
reg and gross FICA& vision, eap, Worker's
position temp earnings, OT Medicare life PERS Comp TOTAL Account Clerk Ill 63,573 4,863 22,443 4,425 796 96,101
Account Clerk Ill 63,832 4,883 22,446 4,443 799 96,403
Account Clerk Ill 57,653 4,410 11,392 4,013 722 78,190
Accountant 89,772 6,868 17,388 12,649 1,124 127,800
Admin Services Manager - PW 80,191 6,135 20,306 5,581 1,004 113,217 Administrative Assistant - PD 56,947 4,356 17,037 3,964 713 83,018 Building lnsp/Permit Technician 57,183 4,374 17,040 3,980 716 83,293 Building Inspector 79,791 6,104 22,617 5,553 12,247 126,311 Cadet FT 36,987 2,830 11,171 2,574 463 54,025
Captain 64,432 4,929 10,425 5,950 1,626 87,362
Chief Water Operator Ill 80,064 6,125 17,284 5,572 8,113 117,159 ChiefWWTP Operator 122,249 9,352 20,755 12,152 18,763 183,270 City Clerk 106,048 8,113 20,582 7,381 1,328 143,451
City Manager 256,526 19,624 22,189 17,854 3,212 319,406 Collection Systems Lead Operator 81,485 6,234 17,275 5,671 8,257 118,922 Collection Systems Operator I 66,110 5,057 11,482 4,601 6,699 93,950 Community Service Officer 59,334 4,539 17,063 5,898 9,107 95,940 Community Service Officer 56,498 4,322 22,368 3,932 8,672 95,792 Community Service Officer 53,175 4,068 11,344 3,701 8,162 80,450 Community Service Officer OT 2,942 225 3,167
Councilmember 3,600 275 6,000 9,875
Councilmember 3,600 275 7,234 11,109
Councilmember 3,600 275 4,146 8,021
Cross Connection Control Specialist 68,572 5,246 22,497 4,773 6,948 108,036 Custodian 48,778 3,731 16,151 3,395 611 72,666
Deputy Public Works Director 153,880 11,772 21,093 10,710 1,927 199,382 Detective - OT 9,750 746 10,496
Finance Director 153,266 11,725 21,086 10,667 1,919 198,663 Fleet Maintenance Coordinator 77,647 5,940 17,258 10,941 7,868 119,654 Lieutenant 230,405 17,626 21,108 52,786 12,970 334,895
Lieutenant 215,333 16,473 20,999 44,359 12,122 309,286
Maintenance Worker 63,853 4,885 22,446 8,997 800 100,981 Maintenance Worker 62,816 4,805 17,100 6,244 6,365 97,331 Maintenance Worker 62,686 4,796 22,434 4,363 6,352 100,631 Maintenance Worker 63,853 4,885 11,458 4,444 6,470 91,110 Maintenance Worker 52,962 4,052 11,342 3,686 5,366 77,408 Maintenance Worker 55,157 4,220 11,341 3,839 691 75,247 Maintenance Worker 56,054 4,288 22,363 3,901 5,680 92,286 Maintenance Worker 63,595 4,865 17,108 4,426 6,444 96,438 Maintenance Worker 63,206 4,835 22,439 4,399 6,404 101,284 Maintenance Worker OT 43,830 3,353 47,183
Maintenance Working Supervisor 77,788 5,951 16,461 10,960 7,882 119,042 Mayor 3,600 275 2,220 6,095
Parks Maintenance - OT 12,015 919 12,934
Parks Supervisor 72,748 5,565 16,407 5,063 7,371 107,155 Planning Commissionerl 1,800 138 1,938
Planning Commissioner2 1,800 138 1,938
Planning Commissioner3 1,800 138 1,938
Planning Commissioner4 1,800 138 1,938
Planning Commissioners 1,800 138 1,938
Police Chief 244,275 18,687 22,058 50,321 13,751 349,092 Police Officer 97,687 7,473 20,152 10,736 5,499 141,547 Police Officer 117,853 9,016 20,298 12,952 6,634 166,752 Employee Wages and Benefits, 2025/26 Budget Vear
gross disability,
earnings, health,
reg and gross FICA& vision, eap, Worker's
position temp earnings, OT Medicare life PERS Comp TOTAL Police Officer 98,055 7,501 20,155 10,776 5,520 142,008 Police Officer 132,478 10,135 20,403 14,559 7,458 185,032 Police Officer 129,792 9,929 20,384 14,264 7,306 181,675 Police Officer 112,435 8,601 20,259 12,357 6,329 159,981 Police Officer 126,215 9,655 20,358 13,871 7,105 177,205 Police Officer 105,081 8,039 20,206 11,548 5,915 150,789 Police Officer 104,663 8,007 20,203 11,502 5,892 150,267 Police Officer 146,606 11,215 20,505 16,112 8,253 202,691 Police Officer 139,194 10,648 20,451 15,297 7,836 193,426 Police Officer 68,133 5,212 13,521 7,488 3,835 98,190
Po lice Officer 142,993 10,939 20,479 15,715 8,050 198,175 Police Officer 104,276 7,977 20,200 11,460 5,870 149,783 Police Officers OT 398,396 30,477 428,874
Pub Safety Records Analyst 64,572 4,940 22,454 4,494 809 97,268 Pub Safety Records Clerk 43,577 3,334 22,230 3,033 546 72,719 Public Safety Records Clerk 48,863 3,738 11,298 3,401 612 67,911 Public Safety Records Clerk 21,533 1,647 270 23,450
Public Works Director 225,167 17,225 21,854 15,672 34,560 314,477 Public Works Superintendent 122,758 9,391 20,760 8,544 12,439 173,892 Public Works Superintendent - Parks 86,922 6,650 20,377 6,050 8,808 128,806 Recreation Supervisor 69,287 5,300 11,516 4,822 868 91,793 Secretary 53,945 4,127 16,206 3,755 676 78,708
Senior Building Inspector 95,980 7,342 11,777 6,680 14,731 136,511 Sergeant 146,141 11,180 20,501 33,481 8,227 219,529
Sergeant 155,886 11,925 20,571 17,132 8,775 214,290
Sergeant 166,223 12,716 20,646 18,268 9,357 227,210
Sergeant 145,489 11,130 20,497 15,989 8,190 201,295
Sup/Admin Division Supervisor 66,251 5,068 22,472 4,611 830 99,231 Vice Mayor 3,600 275 6,000 9,875
Water OT 34,615 2,648 37,263
Water Systems Operator II 73,800 5,646 16,418 5,136 7,478 108,479 Water Systems Operator II 66,385 5,078 22,473 4,620 6,727 105,284 WWTP Collections OT 34,979 2,676 37,654
WWTP Operator 84,230 6,444 16,530 5,862 8,535 121,600
WWTP Operator Ill 84,751 6,483 22,670 5,899 8,588 128,390 WWTP Operator OT 35,460 2,713 38,173
WWTP Supervisor 86,583 6,624 22,665 6,026 8,773 130,672 Total 6,979,529 571,987 577,691 1,352,842 720,282 451,761 10,654,092 Employee Wages and Benefits, 2026/27 Budget Vear
gross disability,
earnings, health,
reg and gross FICA& vision, eap, Worker's
position temp earnings, OT Medicare life PERS Comp TOTAL Account Clerk Ill 66,752 5,107 22,477 4,646 810 99,791
Account Clerk Ill 65,428 5,005 22,463 4,554 794 98,244
Account Clerk Ill 60,536 4,631 11,423 4,213 734 81,537
Accountant 96,617 7,391 17,461 13,613 1,172 136,255
Admin Services Manager - PW 86,306 6,602 20,371 6,007 1,047 120,333 Administrative Assistant - PD 59,795 4,574 17,068 4,162 725 86,324 Building lnsp/Permit Technician 60,042 4,593 17,070 4,179 728 86,613 Building Inspector 83,780 6,409 22,659 5,831 12,457 131,137 Cadet FT 39,807 3,045 11,201 2,771 483 57,307
Chief Water Operator Ill 86,169 6,592 17,349 5,997 8,458 124,567 ChiefWWTP Operator 125,305 9,586 20,787 12,455 18,631 186,765 City Clerk 108,699 8,315 20,610 7,565 1,319 146,509
City Manager 256,526 19,624 22,189 17,854 3,112 319,306 Collection Systems Lead Operator 83,522 6,389 17,297 5,813 8,199 121,221 Collection Systems Operator I 67,763 5,184 11,500 4,716 6,652 95,815 Community Service Officer 60,817 4,652 17,079 6,045 9,043 97,636 Community Service Officer 57,910 4,430 22,383 4,031 8,611 97,365 Community Service Officer 55,834 4,271 11,372 3,886 8,302 83,666 Community Service Officer OT 3,089 236 3,325
Council member 3,600 275 6,000 9,875
Council member 3,600 275 7,234 11,109
Councilmember 3,600 275 4,146 8,021
Cross Connection Control Specialist 72,001 5,508 22,533 5,011 7,068 112,121 Custodian 49,997 3,825 16,164 3,480 607 74,072
Deputy Public Works Director 157,727 12,066 21,134 10,978 1,913 203,818 Detective - OT 10,238 783 11,021
Finance Director 160,929 12,311 21,168 11,201 1,952 207,561 Fleet Maintenance Coordinator 79,589 6,089 17,279 11,214 7,812 121,983 Lieutenant 241,926 18,507 21,191 55,425 13,193 350,242
Lieutenant 226,100 17,297 21,077 46,577 12,330 323,380
Maintenance Worker 65,450 5,007 22,463 9,222 794 102,936 Maintenance Worker 64,387 4,926 17,117 6,400 6,320 99,149 Maintenance Worker 64,254 4,915 22,451 4,472 6,307 102,399 Maintenance Worker 65,450 5,007 11,475 4,555 6,425 92,912 Maintenance Worker 55,610 4,254 11,370 3,870 5,459 80,563 Maintenance Worker 57,915 4,430 11,371 4,031 703 78,449 Maintenance Worker 58,857 4,503 22,393 4,096 5,777 95,626 Maintenance Worker 65,185 4,987 17,125 4,537 6,399 98,232 Maintenance Worker 64,786 4,956 22,456 4,509 6,359 103,067 Maintenance Worker OT 46,022 3,521 49,542
Maintenance Working Supervisor 79,733 6,100 16,482 11,234 7,827 121,374 Mayor 3,600 275 2,220 6,095
Parks Maintenance - OT 12,616 965 13,581
Parks Supervisor 74,567 5,704 16,426 5,190 7,319 109,207 Planning Commissionerl 1,800 138 1,938
Planning Commissioner2 1,800 138 1,938
Planning Commissioner3 1,800 138 1,938
Planning Commissioner4 1,800 138 1,938
Planning Commissioners 1,800 138 1,938
Police Chief 244,275 18,687 22,058 50,321 13,321 348,662 Police Officer 117,853 9,016 20,298 12,952 6,427 166,545 Police Officer 102,958 7,876 20,190 11,315 5,615 147,955 Police Officer 139,102 10,641 20,451 15,287 7,586 193,067 Employee Wages and Benefits, 2026/27 Budget Year
gross disability,
earnings, health,
reg and gross FICA& vision, eap, Worker's
position temp earnings, OT Medicare life PERS Comp TOTAL Police Officer 129,792 9,929 20,384 14,264 7,078 181,447 Police Officer 118,057 9,031 20,299 12,974 6,438 166,800 Police Officer 132,526 10,138 20,403 14,565 7,227 184,859 Police Officer 110,335 8,441 20,243 12,126 6,017 157,162 Police Officer 109,896 8,407 20,240 12,078 5,993 156,614 Police Officer 153,936 11,776 20,557 16,918 8,395 211,582 Police Officer 139,194 10,648 20,451 15,297 7,591 193,181 Police Officer 102,571 7,847 20,188 11,273 5,594 147,472 Police Officer 68,133 5,212 13,521 7,488 3,716 98,070
Police Officer 150,143 11,486 20,530 16,501 8,188 206,847 Police Officer 109,490 8,376 20,237 12,033 5,971 156,107 Police Officers OT 411,377 31,470 442,847
Pub Safety Records Analyst 67,800 5,187 22,489 4,719 822 101,017 Pub Safety Records Clerk 45,755 3,500 22,253 3,185 555 75,248 Public Safety Records Clerk 52,588 4,023 11,338 3,660 638 72,247 Public Safety Records Clerk 24,240 24,240
Public Works Director 236,425 18,087 21,974 16,45S 35,153 328,094 Public Works Superintendent 128,896 9,861 20,826 8,971 12,652 181,206 Public Works Superintendent - Parks 91,268 6,982 20,424 6,352 8,959 133,985 Recreation Supervisor 71,019 5,433 11,534 4,943 862 93,791 Secretary 55,294 4,230 16,221 3,848 671 80,264
Senior Building Inspector 98,379 7,526 11,803 6,847 14,628 139,183 Sergeant 146,141 11,180 20,501 33,481 7,970 219,272
Sergeant 163,680 12,522 20,628 17,988 8,926 223,744
Sergeant 174,534 13,352 20,706 19,181 9,518 237,291
Sergeant 152,764 11,686 20,549 16,789 8,331 210,118
Sup/Admin Division Supervisor 69,563 5,322 22,507 4,842 844 103,078 Vice Mayor 3,600 275 6,000 9,875
Water- OT 36,346 2,780 39,126
Water Systems Operator II 75,645 5,787 16,438 5,265 7,425 110,560 Water Systems Operator II 68,045 5,205 22,491 4,736 6,679 107,157 WWTP Cqllections OT 36,727 2,810 39,537
WWTP Operator 86,335 6,605 16,552 6,009 8,475 123,976
WWTP Operator Ill 88,988 6,808 22,715 6,194 8,735 133,439 WWTP Operator OT 37,233 2,848 40,081
WWTP Supervisor 90,913 6,955 22,711 6,328 8,924 135,830 Total 7,169,603 593,647 592,034 1,344,744 739,525 451,761 10,891,314 City of Anderson
Bi,111nu.il Budget Fisc1l Yc.irs 2025-2027
Deparbnent Budget Request
For all materials, services, and su lies
Department ________ ...;C;.;.ity....;C;;.;;o;.;;u;.;..;n.;.;ci~I _______ _ Budget Unit ___ ...;0;.;;0;.;;1...;-1;;.;;0;.;;1;.;;0 __ _ Object 2025-2026 2026-2027
Number Prooosed Prooosed
5xxx SALARIES AND BENEFITS 95,577 96,497
5300 OFFICE EXPENSE 2,750 2,750
Copier, postage, office supplies
5310 SPECIAL DEPARTMENTAL EXPENSE 5,000 5,000
Employee breakfast
5340 ADVERTISING 3,500 3,500
Public hearing legal notices
5350 COMMUNICATIONS 350 350
Phone charges
5340 MEMBERSHIPS-DUES-SUBSCRIPTIONS 7,150 7,350
5440 TRA VEL-CONFERENCE>MEETINGS - -
5490 MISCELLANEOUS - - Council meeting supplies
5530-5 COMPUTER CHARGES 19,138 19,138
Internal Charge Out Only
5530-8 BUILDINGS/EQUIPMENT 90,537 90,537
Internal Charge Out Only
TOTAL 224,002 225,122
City of Anderson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
(For all materials, services, and su lies
Department _______ C_ity..__M_a_n_.ag..._e_.r/._C_ity....._C_Ie_r_k _____ _ Budget Unit --------- 001-1111
Object 2025-2026 2026-2027
Number Proposed Proposed
5xxx SALARIES AND BENEFITS 309,187 311,282
5300 OFFICE EXPENSE 850 900
5310 SPECIAL DEPARTMENTAL EXPENSE 18,000 18,000
5350 COMMUNICATIONS 3,400 3,600
5400 PROFESSIONAL AND SPECIAL SERVICES 87,500 92,500
WM Compliance, R3 Consulting
5430 MEMBERSHIP-DUES-SUBSCRIPTIONS 1,250 1,250
CCAC & Notary
5440 TRAVEL-CONFERENCE-MEETINGS 5,100 7,500
CalCities CM Conference & EXPO
ICSC
CalPELRA
5450 TRAINING - -
5490 MISCELLANEOUS - -
5530-5 COMPUTER CHARGES 9,882 9,882
Internal Charge Out Only
5530-8 BUILDINGS/EQUIPMENT 22,634 22,634
Internal Charge Out Only
5530-7 VEHICLE MAINTENANCE 14,090 14,028
Internal Charge Out Only
TOTAL 471,893 481,576
City of Anderson
Biannual Budget Fiscal Years 202~-2027
Department Budget Request
For all materials, services, and su lies
Department _______ C;;;.;o;_;;mc.;;.m;.;.;;.;.;u..;.;;n_ity"--'-P-ro;_;;mc.;;.o.;...t;.;..io-n.;..;;s ______ Budget Unit ____ 0_0_1_-_1_12_1 ___ _ Object 2025-2026 2026-2027
Number Proposed Proposed
5570-003 LIBRARY
Contribution to Anderson Branch per August 22, 2006, 48,838 50,547 Joint Powers Agreement
5570 PROMOTIONAL CONTRIBUTION -
TOTAL 48,838 50,547
City of Anderson
Hiannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department _______ C1.... ·ty_A_tt_or_n_e_y _____ _ Budget Unit ---------- 001-1414 Object 2025-2026 2026-2027
Number Proposed Proposed
5310 SPECIAL DEPARTMENTAL EXPENSE 3,000 3,000
5400 PROFESSIONAL AND SPECIAL SERVICES 125,000 127,000
Contract Legal Services
5530-5 COMPUTER CHARGES 3,996 3,996
Internal Charge Out Only
TOTAL 131,996 133,996
Cily of Anderson
Biannual Budgcl Fiscal Years 2025-2027
Department Budget Request
(For all materials, services, and suoolies)
Department _______ ....;...Pe.;..;r.;.s.;..on-'-n.;.;e-'-1 ______ _ Budget Unit _______ 0...;.0_1_-1_6_1-'-6 ___ _ Object 2025-2026 2026-2027
Number Proposed Proposed
5300 OFFICE EXPENSE - -
5310 SPECIAL DEPARMENTAL EXPENSE 3,200 3,200
Credit checks, fingerprinting, pre-employment
pre-employment testing, oral board expenses
5340 ADVERTISING 800 800
Employment ads
5400 PROFESSIONAL AND SPECIAL SERVICES 2,700 2,700
Arbitrator expenses & personnel legal fees
5430 MEMBERSHIP-SUBSCRIPTIONS-DUES 400 400
5440 TRAVEL-CONFERENCES-MEETINGS - -
5450 TRAINING 2,000 2,000
TOTAL 9,100 9,100
City of Anderson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
(For all materials, services, and supplies)
Departmen1 ___ ....;;;.E;;.;.m_,_p.;;.lo;;.,1y...;e..;;.e..;;.S.;;.;.a~;..;;e .... ty_a;;.;.n;..;.d;.;.._W...;e;..;.ll.;;.n.;;.es;..;s;.__ __ _ Budget Unit ____ 0.;;..0;..;1;;...-.;;;..16;..;2;..;3 ___ _ Object 2025•2026 2026-2027
Number Prooosed Prooosed
5310 SPECIAL DEPARTMENTAL EXPENSE 2,500 2,500
Employee Wellness Programs
Safety Training
TOTAL 2,500 2,500
City of J\ndcrson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ______ M_o_s_.g_ui_to_Se_r_e_na_d_e _____ _ Budget Unit ---------- 161-6060 Object 2025-2026 2026-2027
Number Prooosed Prouosed
Sxxx SALARIES AND BENEFITS - -
5310 SPECIAL DEPARMENTAL EXPENSE 11,500 11,500
SESAC, ASCAP, BMI Music Licensing
T-shirts, Swag. & Hotels
5340 ADVERTISING - -
5400 PROFESSIONAL AND SPECIAL SERVICES 90,000 90,000
Bands, Audio/Sound, & Backline
5420 INSURANCE AND BONDS 703 703
*Budget based on 8 shows
TOTAL 102,203 102,203
City ot Andc1·son
Biannual Bud~ct Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and supplies)
Department ________ F_in_a_n_ce ______ _ Budget Unit _____ 00_1_-_20_1_3 ___ _ Object 2025-2026 2026-2027
Number Prooosed Proposed
5xxx SALARIES AND BENEFITS 202,406 211,711
5300 OFFICE EXPENSE 4,120 4,120
Postage
Business License Supplies
Other Supplies
5310 SPECIAL DEPARTMENTAL EXPENSE 2,369 2,369
Books/Materials
Checks and supplies
Other
5350 COMMUNICATION 900 900
5400 PROFESSIONAL SERVICES 6,000 6,000
MGTSB90
5410 EQUIPMENT MAINTENANCE 3,000 3,200
Business License Software
5430 MEMBERSHIPS-DUES-SUBSCRIPTIONS 1,000 1,000
GFOA, GASB, CSFMO
CMTA&CMRTA
5440 TRAVEL-CONFERENCE-MEETINGS - 1,000
Misc. CSFMO, GFOA
5450 TRAINING - 1,000
CSMFO AND GFOA
5530-5 COMPUTER CHARGES 23,959 24,079
Internal Charge Out Only
5530-8 BUILDING/EQUIPMENT 28,293 28,293
Internal Char_qe Out Only
TOTAL 272,047 283,672
City ot Anderson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
(For all materials, services, and su lies)
Department _______ G_e_n_er_a_l _0.._ps ______ _ Budget Unit ____ 0_0_1_-_20_2_0 ___ _ Object 2025-2026 2026-2027
Number Prooosed Prooosed
Sxxx VACATION AND OVERTIME CASH OUTS (GF 30,000 30,000 .. 5300 OFFICE EXPENSES 1,000 1,000
5310 SPECIAL DEPARTMENT EXPENSE 1,500 1,500
Copy Paper
Printed envelopes, letterhead, etc.
5400 PROFESSIONAL SERVICES 112,750 94,750
Annual Audit
Printing: ACFR, Budget
HDL Annual Sales Tax - paid quarterly
Property tax admin fees charged by County
Credit card fees and other fee study
5420 INSURANCE AND BONDS 236,119 236,119
Unemployment Insurance
Employee Blanket Bond
Property, Boiler, and Machinery (GF only)
Liability Insurance expense (not Liab Ins Invoice)
5430 MEMBERSHIP-DUES-SUBSCRIPTIONS - -
5490 MISCELLANEOUS 5,400 5,400
Streaming Council Meetings
5530-1 CUSTOMER SERVICE 22,030 22,541
Internal Charge Out Only
5530-2 PUBLIC WORKS - -
Internal Charge Out Only
5530-7 VEHICLE MAINTENANCE
Pool Car Charges 2,294 2,284
Internal Charge Out Only
TOTAL 411,093 393,594
City of Anderson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and sup lies
Department ______ C_u_st_o_m_e_r_S_er_v_ic_e ____ _ Budget Unit 773-2019 ---------- Object 2025-2026 2026-2027 Number Prooosed Proposed
Sxxx SALARIES AND BENEFITS 366,090 378,565
5300 OFFICE EXPENSE 36,000 36,000
Postage, office supplies, mailing supplies
5310 SPECIAL DEPARTMENTAL EXPENSE 1,500 1,500
Billing forms for mailing machine, envelopes
5350 COMMUNICATIONS 1,800 1,800
5370 RENTS AND LEASES 10,500 10,500
Rental of folder /stuffer and mailing machine
5420 INSURANCE AND BONDS 6,711 6,711
5450 TRAINING 3,500 3,500
5530-5 COMPUTER CHARGES 49,800 50,048
Internal Charge Out Only
5530-8 BUILDINGS/EQUIPMENT 39,610 39,610
Internal Charge Out Only
. .
TOTAL 515,511 528,234
City of Anderson
Biannual Budget Fisc.11 Ye.irs 2025-2027
Department Budget Request
For all materials, services, and supplies
Department ______ C_o_m_.p_u_te_r_S_.y_s_te_m_s ____ _ Budget Unit 774-2018 ----------- Object 2025-2026 2026-2027 Number Prooosed Proposed
5xxx SALARIES AND BENEFITS 49,097 50,430
5310 SPECIAL DEPARTMENTAL EXPENSE 25,000 25,000
Internet Service
Telephone, monitors, memory, etc.
5370 RENTS AND LEASES 12,000 12,000
Copy machines
5400 PROFESSIONAL SERVICES 125,000 125,000
Computer /networking services
Printer service
Tyler /lncode
Website Maintenance
5410 EQUIPMENT MAINTENANCE 10,000 10,000
5420 INSURANCE AND BONDS 3,346 3,346
5530-8 BUILDINGS/EQUIPMENT 4,527 4,527
Internal Char.qe Out Only
5730 MACHINERY AND EQUIPMENT 22,500 22,500
Replacement computers
- -
TOTAL 251,470 252,803
City of Anderson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
(For all materials, services, and supplies)
Department ____ ....;.W_o;..,;r_k-'-er_'s--'-Co.;..m___._p-'-en_s_a_t;;..;;io-'-n;...._ ___ _ Budget Unit ___ ....;.7.;...75;;..-..;;;2..;.0.;;;;.1;;;..5 __ _ Object 2025-2026 2026-2027
Number Pronosed Prooosed
5420 INSURANCE AND BONDS 451,761 496,937
Citywide Worker's Compensation Insurance
TOTAL 451,761 496,937
City of Anderson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and supplies
Department Liability Insurance Budget Unit ___ ___;7...;.7..;;6...;;·2;;.;0;.;;1;.;:;6 ___ _ Object 2025-2026 2026-2027
Number Prooosed Proposed
5310 SPECIAL DEPARTMENTAL EXPENSE 10,000 10,000
5420 INSURANCE AND BONDS 546,198 600,818
TOTAL 556,198 610,818
City of Anderson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department _______ B_u_il_d_in..,.g _____ _ Budget Unit 001-4038 Object 2025-2026 2026-2027
Number Proposed Proposed
5:xxx SALARIES AND BENEFITS 424,179 437,132
5300 OFFICE EXPENSE 3,000 3,000
5310 SPECIAL DEPARTMENTAL EXPENSE 20,000 20,000
Supplies, UBC updates
5320 SMALL TOOLS 300 300
5330 CLOTHING ALLOWANCE AND EXPENSE 850 850
5350 COMMUNICATIONS 3,000 3,000
5400 PROFESSIONAL AND SPECIAL SERVICES 15,000 15,000
Outside Plan Checks
5430 MEMBERSHIP-DUES-SUBSCRIPTIONS 500 500
5440 TRAVEL-CONFERENCE-MEETINGS 3,000 3,000
5450 TRAINING 3,000 3,000
5530-5 COMPUTER CHARGES 19,551 19,648
Internal Charge Out Only
5530-7 VEHICLE MAINTENANCE 15,793 15,724
Internal Charge Out Only
5530-8 BUILDINGS/EQUIPMENT 28,293 28,293
Internal Charge Out Only
TOTAL 536,466 549,447
City of Anderson
Biannu,11 Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ______ .;;..P.;.;;;la""'nn;;.;.;i""'n..,g _____ _ Budget Unit 001-5015 Object 2025-2026 2026-2027
Number Proposed Proposed
5xxx SALARIES AND BENEFITS 65,875 68,010
5300 OFFICE EXPENSE 2,000 2,000
5310 SPECIAL DEPARTMENTAL EXPENSE 2,000 2,000
LAFCO
5340 ADVERTISING 2,500 2,500
5350 COMMUNICATIONS 500 500
5400 PROFESSIONAL AND SPECIAL SERVICES 150,000 170,000
5430 MEMBERSHIP-SUBSCRIPTION-DUES 500 500
5440 TRAVEL-CONFERENCE-MEETINGS 1,000 1,000
5450 TRAINING 2,000 2,000
5530-5 COMPUTER CHARGES 14,930 15,004
Internal Charge Out Only
5530-8 BUILDINGS/EQUIPMENT 25,463 25,463
Internal Charge Out Only
5730 MACHINERY & EQUIPMENT 1,500 1500
GIS Update
TOTAL 268,268 290,477
City ol Andl'rson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department POLICE - Uniform Field Services ------------"'-'"----'-------'-;;...;;..;;;.;;..;..;;.;..;;..;;__ ___ _ Budget Unit ___ ....:0:...:0..::.1....:·3:...:lc=2..::.6 __ _ Object 2025-2026 2026-2027
Number Prooosed Proposed
5xxx SALARIES AND BENEFITS 5,133,042 5,181,529
5300 OFFICE EXPENSES 12,000 12,000
General Office Operational Materials and Supplies
5310 SPECIAL DEPARTMENTAL EXPENSE 58,000 58,000
Ammunition and Targets
Traffic Flares
Printing Costs: Citations, Fl Cards, DV Advisements
K-9 Maintenance
Penal, Evidence, and Vehicle Code Books
Drinking Water
Engraving Costs: Name Pins, Nameplates, and Plaques
Ballistic Vests (9)
Winter Jackets and Rain Gear
Replacement Uniform Shirts and Pants
Uniform Shirts and Pants
Gun Belt and Duty Gear Components and Equipment
Badge Replacement and Medals
Shoulder Patches
5330 CLOTHING AND UNIFORM ALLOWANCE 21,000 21,000
Police Chief, Lieutenant
Patrol
Detective
SRO
Narcotics Officer
5350 COMMUNICATIONS 32,000 32,000
Landline Telephone Usage
Wireless Cellular Phone Services
Shasta County Information Technology Dept.
5390-100 UNLEADED GASOLINE 15,000 15,000
5400 PROFESSIONAL AND SPECIAL SERVICES 25,000 25,000
Booking Fees
Chemical Testing Fees
Sexual Assault Examination Fees
DUI Testing Fees
K-9 Veterinary Services
5410 EQUIPMENT MAINTENANCE 5,000 5,000
Required Safety Equipment & Supplies
RADAR/LlDAR Calibration
Electronic Citation Book Maintenance (2)
Fire Extinguisher Maintenance
City of Anderson
Biannual Budget Fis[al Years 202S-2027
Department Budget Request
For all materials, services, and su lies
Department POLICE • Uniform Field Services Budget Unit ___ ....::0.;;.0.:.1 ·....::3.:.1.:::.Z6;:;,.__ _ Object 2025-2026 2026-2027
Number Pronosed Prooosed
5430 MEMBERSHIPS•SUBSCRIPTIONS-DUES 12,000 12,000
Shasta County Peace Officer Association Range Fees
Critical Reach
California Police Chiefs Association
International Association of Chiefs of Police
California Narcotic Officer's Association
Police Executive Research Form (PERF)
Federal Bureau of Investigations - National Academy Assoc. 5440 TRAVEL-CONFERENCES-MEETINGS 4,000 4,000
5450 TRAINING 35,000 35,000
Supervisor Leadership Institute
Management Training
Child Abuse - Sexual Assault
Defensive Tactics Instructor
Homicide Investigation
DUI/ ABC/Tobacco Seminars
Field Training Officer
Traffic Collision Investigation
Motorcycle Training
Tuition Reimbursement
5530·5 COMPUTER CHARGES 33,537 33,704
Internal Charge Out Only
5530-7 VEHICLE MAINTENANCE CHARGES 553,674 551,238
Internal Charge Out Only
5530·8 BUILDING/EQUIPMENT 45,185 45,185
Internal Charge Out Only
5730 MACHINERY & EQUIPMENT 25,000 -
total from page 1 5,301,042 5,349,529
TOTAL 6,009,438 6,030,656
City ot Anderson
Hiannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ________ P_O_L_lC_E_-_S_u_.,p.._p_o_rt_S_e_rv_i_ce_s _____ _ Budget Unit ___ .;;.00.;..1:..-.:;.;32::.:2:.:7 __ _ Object 2025-2026 2026-2027
Number Prooosed Proposed
5xxx SALARIES AND BENEFITS 876,932 881,172
5300 OFFICE EXPENSE 8,500 8,500
5310 SPECIAL DEPARTMENTAL EXPENSE 12,500 12,500
Printing Costs
Shelter Costs -Animal Services
Engraving Costs: Name pins, Nameplates, and Plaques
Flags
Badge Replacement and Awards
Annual Reports
5330 CLOTHING ALLOWANCE 10,000 10,000
Support Services Supervisor
Administrative Assistant
Public Safety Records Clerks
CSO (Property/Evidence & Parking/AVA)
Public Safety Analyst
Citizens on Patrol & Chaplain Program Volunteers
Cadet
5350 COMMUNICATIONS 60,000 60,000
Landline Telephone Usage
CAD Maintenance
CAD Software Maintenance
5370 RENTS & LEASES 16,500 16,500
Copy Machine Maintenance
Copy Machine Leases
Radio Repeater Tower
5400 PROFESSIONAL AND SPECIAL SERVICES 1,283,000 1,290,000 Animal/Pest Control Services
Interpreter Services
Maintenance Contract for Work on Client Access Computers IPSS (Integrated Public Safety System) Fund
Veterinary Services
Haven Humane
Towing Services
Shascom
City of Anderson
Biannual Budget Fiscal Years 2025-2027
DeparbnentBudgetRequest
For all materials, services, and su lies
Department POLICE - Support Services Budget Unit ___ ..;;;0.=..0.:;.1 ·..;;;3.;;;2.;;;.2.:..7 __ _ Object 2025-2026 2026-2027
Number Pronosed Proposed
5410 EQUIPMENT MAINTENANCE - - Maintenance on Office IT /Hardware Equipment Equipment Maintenance Contract
5430 MEMBERSHIPS-SUBSCRIPTIONS-DUES 1,000 1,000
5440 TRAVEL-CONFERENCES-MEETINGS 3,000 3,000
5450 TRAINING 7,500 7,500
Continuing Professional Training
Records, PRA, & Retention Training
5530·5 COMPUTER CHARGES 16,734 16,817
Internal Charge Out Only
5530-7 VEHICLE MAINTENANCE CHARGES 34,289 34,138
Internal Charge Out Only
5530-8 BUILDING/EQUIPMENT 42,925 42,925
Internal Charge Out Only
5570-008 CONTRIBUTIONS TO OTHER AGENCIES 7,000 7,000
Women's Refuge
Youth Violence Prevention Council
total from page 1 2,267,432 2,278,672
TOTAL 2,379,880 2,391,052
City of Anderson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ________ P_ol_ic_e_-_S_L_E_SF_G_ra_n_t _______ _ Budget Unit ----------- 117-3605 Object 2025-2026 2026-2027
Number Proposed Prouosed
5xxx SALARIES AND BENEFITS - Sergeant 100,000 100,000
TOTAL 100,000 100,000
City of i\nclerson
Biannual Budget Fisc,11 Ye.irs ZOZS-2027
Department Budget Request
For all materials, services, and su lies
Department --------'R""'e;;.;c;.;..re;;.;a;;.;t;;.;io.;.;;n ______ _ Budget Unit ___ ..;;0..;;.0.;;.1-..;;6;.;;0..;;.6.;;.0 __ _ Object 2025-2026 2026-2027
Number Prooosed Proposed
5xxx SALARIES AND BENEFITS 205,584 209,137
5300 OFFICE EXPENSE 2,400 2,400
5310 SPECIAL DEPARTMENTAL EXPENSE 60,715 60,715
5340 ADVERTISING 1,000 1,000
5350 COMMUNICATIONS 2,220 2,220
5360 UTILITIES 275 275
5400 PROFESSIONAL SERVICES 129,565 129,565
Shasta Family YMCA, Class Instructors, & Program
Staff
5430 MEMBERSHIPS-DUES-SUBSCRIPTIONS 6,241 6,604
Civic Rec
5440 TRAVEL-CONFERENCES-MEETINGS 400 400
5450 TRAINING 500 500
5530-5 COMPUTER CHARGES 12,470 12,532
Internal Char9es Out Only
5530-8 BUILDINGS/EQUIPMENT 25,746 25,746
Internal Charges Out Only
PROGRAM CODES
Summer Camp (.102)
Swim Pro_qram (.103)
Youth Basketball (.104)
SNAP Basketball (.105)
River Sp/ash Pad (.106)
Adult Volleyball (.107)
Christmas in Anderson (.122)
lee Rink (.123)
TOTAL 447,116 451,094
City of Andenon
Bia111111al Budget Fiscil Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department _________ P_a_rk_s ________ _ Budget Unit __ ..;:;0.;;.0.:.1 ·..;:;6.:.16;:;..:1=-·.:;.;85=-%:.::o __ Object 2025-2026 2026-2027
Number Pronosed Prooosed
5xxx SALARIES AND BENEFITS 480,114 491,342
5310 SPECIAL DEPARTMENTAL EXPENSE 68,000 70,000
Toilet paper, trash, bags, fertilizer, grass seed
herbicides, irrigation supplies, etc_
5320 SMALL TOOLS 1,200 1,200
5330 CLOTHING ALLOWANCE 2,325 2,325
Boot allowances, Shirts, & Hats
5350 COMMUNICATIONS 5,000 5,000
5360 UTILITIES 94,250 100,850
5380 MAINTENANCE OF BUILDING/GROUNDS 1,500 1.500
5400 PROFESSIONAL SERVICES 30,000 15,000
5430 MEMBERSHIPS-SUBSCRIPTIONS-DUES 500 500
5440 TRAVEL-CONFERENCES 2,500 2,500
5450 TRAINING 3,000 4,700
5530-2 PUBLIC WORKS LABOR CHARGES 117,399 118,904
Internal Charges Out Only
5530-5 COMPUTER CHARGES 10.159 10,210
Internal Charges Out Only
5530-7 VEHICLE MAINTENANCE 85,229 84,854
Internal Charges Out Only
5530-8 BUILDINGS/EQUIPMENT 16,976 16,976
Internal Charges Out Only
5730 MACHINERY AND EQUIPMENT - .
TOTAL 918152 925 861
City of Anderson
Bi,1111111,II Htulget Fi.~l.JI Ye,irs 2025-2027
Department Budget Request
For all materials, services, and su lies
Department _______ T_e;..;.e.;..n--'C'-e ... n_te_r_-C_itv_O"""n_ly.__ _____ _ Budget Unit ____ OO_l_-_64...;..6;;_4.;__ __ Object 2025-2026 2026-2027
Number Prooosed Prooosed
5360 UTLITIES 7,660 8,196
Electricity for non-shared portion of building only
5530-2 PUBLIC WORKS LABOR CHARGES 8,632 8,743
Plaza landscaping
5900 TRANSFER OUT 30,500 30,500
To Teen Center Operations Fund (190) for building
expenses and reserve
TOTAL 46,792 47,439
City of Anderson
Biannual Budget Fisc.il Years 2025-2027
Deparbnent Budget Request
For all materials, services, and su lies
Department _______ ....cT..::.ee.::..;nc:....::.Ce.::..;nc:..:t..::.e:...r :...M:..:;a:.:.:in.;.;;tc:..:en:..;.;a;;.;.n;;.;;c..::.e _______ Budget Unit ___ ...;1;;;.;9:...0:...·..::.6-=-46;;;.;4.:..,__ _ Object 2025-2026 2026-2027
Number Prooosed Proposed
5310 SPECIAL DEPARTMENTAL EXPENSE 1,500 1,500
Materials needed for maintenance and repairs to County
P /H Teen Center Building, such as ballasts, plumbing,
electrical, paint, carpet runners, and other routine
maintenance items
5350 COMMUNICATIONS 3,400 3,400
Landline, Security Services
5360 UTILITIES 22,000 22,000
Gas and Electric Service
City Water
City Sewer
5380 MAINTENANCE OF BUILDINGS/GROUNDS 115,000 115,000
Janitorial supplies and routine maintenance items
5400 PROFESSIONAL SERVICE 35,000 35,000
Shasta County Opportunity Center
Annual carpet cleaning and window cleaning
Fire extinguisher service, locksmith, pest control, misc. 5410 EQUIPMENT MAINTENANCE 1,000 1,000
Elevator Service
HVAC service and maintenance• parts and labor
5530-2 PUBLIC WORKS LABOR CHARGES 25,897 26,229
Building Maintenance
For Internal Charges Only
TOTAL 203,797 204,129
City of Anderson
Biannual Hudgct Fisc:al Yc,ll"s 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ________ ..;..P"'"u"'"b_lic"'-W_o_rk_s _______ _ Budget Unit ____ 7;...7;..;0;..-..:.4.=.14.:.1=----- Object 2025-2026 2026-2027
Number Pronosed Proposed
5xxx SALARIES AND BENEFITS 1,411,236 1,445,554
5300 OFFICE EXPENSES 600 600
5310 SPECIAL DEPARTMENTAL EXPENSE 40,000 40,000
Barricades, cones, flagging, emergency batteries, rotating lights, sand/gravel, oil, cement, electric supplies, weed hoses, film developing, dump fees, car wash supplies,
cleaners, keys, safety items, first aid supplies, gloves, rope, tape, padlocks, etc.
5320 SMALL TOOLS 3,000 3,000
5330 CLOTHING ALLOWANCE 4,000 4,000
Replacement of orange shirts, rubber boots, rain
gear, safety coats, vests, gloves and protective clothing, 5350 COMMUNICATION 14,500 14,500
Landline, cell phones, & Security Services to Corp Yard 5360 UTILITIES 18,769 20,082
Gas & Electric Services, Trash Disposal, City Water,
daily operation at Corp Yard
5380 MAINTENANCE OF BUILDINGS AND GROUNDS 2,650 2,650
5400 PROFESSIONAL SERVICES 53,000 55,000
Services required for projects other than City crew at Corp Yard such as pest spraying. fire extinguishers, floor care, and truck hauling.
Includes $5000 for CA Beverage Recycling Program
5410 EQUIPMENT MAINTENANCE 1,000 1,000
City ol Anderson
Bi.111nu.1l Budget Fistal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ________ .;..P..:;u;::_bl:..:.ic::....W.:...;_;;o-'-rk;.;;s'--------- Budget Unit ___ _;7...;.7...;;.0_-4;..;;1;..;;4..:;1 __ _ Object 2025-2026 2026-2027
Number Prooosed Proposed
5420 INSURANCE AND BONDS 30,695 30,695
5430 MEMBERSHIPS-SUBSCRIPTIONS-DUES - -
5440 TRAVEL-CONFERENCES-MEETINGS . .
5450 TRAINING 10,000 10,000
5490 MISCELLANEOUS 1,500 1,500
Physicals for Commercial license
Substance Testing, Physicals for new employees
and additional license fees for DMV requirements.
Water certification
Pest applicators certification renewal
5530-8 COMPUTER CHARGES 9,242 9,288
Internal Charge Out Only
5530-7 VEHICLE MAINTENANCE 218,280 217,319
Internal Charge Out Only
Fuel, oil, tires, lubrication, labor, etc. for City owned in Street Dept.
5530-8 BUILDING/EQUIPMENT 78,654 78,654
Internal Charge Out Only
5550 DEPRECIATION 9,072 9,072
- -
total from page 1 1,548,755 1,586,386
TOTAL 1906.198 1.942 914
City of /\nderson
Biannual Budget Fisc,11 Ye,11·s 2025-2027
Department Budget Request
For all materials, services, and su lies
Department --------=F~le::..:e;,,;,t..:..M:.:;a:.:..:in.:..;:t..:..en:..:.;a::..:n.:..;:c..:..e ______ _ Budget Unit ___ _:7_;,7..=lc...-4.:...:1:...:4:...:9 __ _ Object 2025-2026 2026-2027
Number Prooosed Proposed
5xxx SALARIES AND BENEFITS 163,121 166,182
5300 OFFICE SUPPLIES 500 500
5310 SPECIAL DEPARTMENTAL EXPENSE 75,000 80,000
Purchase of parts and other materials and equipment.
Also oil, grease, ant-freeze, kerosene, misc. supplies
that are needed in stock such as paper towels, fasteners, lamps, fuses and window cleaner
5320 SMALL TOOLS 2,100 2,100
5330 CLOTHING ALLOWANCE 2,400 2,500
Uniform and coveralls for shop mechanic
Boot allowance for shop mechanic
Boot allowance for Public Works Supervisor
Laundry and linen service
5350 COMMUNICATION AND ALARMS 800 800
5360 UTILITIES 13,651 14,606
Electric Service
5390 GASOLINE AND DIESEL FUEL 189,162 189,162
For all City Vehicles
5400 PROFESSIONAL AND SPECIAL SERVICES 30,000 30,000
Labor provided by outside service such as alignments,
tire repair, towing, smog checks, machining, painting
of vehicles.
City of Anderson
Bi,11111u,1l Budget Fisr,11 Ye,irs 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ---------'F;..;;1.;;.;ee;;.;;t..;;.M.;;.:a;;;;;in;..:.;t;..;;.e.;.;.na;;.;;;n.;;.:c....;_e ______ _ Budget Unit ___ ...;.7....;_7.;;;1_-4;;..;;1;..;;4.;..9 __ _ Object 2025-2026 2026-2027
Number Prooosed Prooosed
5410 EQUIPMENT MAINTENANCE - -
5420 INSURANCE AND BONDS 26,702 26,702
5440 TRAVEL-CONFERENCES-MEETINGS 1,000 1,000
5450 TRAINING 1,000 1,000
5530-2 PUBLIC WORKS LABOR CHARGES 3,453 3,497
Internal Charge Out Only
5530-5 COMPUTER CHARGES 4,131 4,151
Internal Charge Out Only
5530-7 VEHICLE MAINTENANCE 7,685 7,652
Internal Charge Out Only
5550 DEPRECIATION 253,557 253,557
5620 DEBT SERVICE - 149,463 79,701
Vehicle Loans
Sweeper & Vacuum Truck
5730 MACHINERY AND EQUIPMENT 300,000 300,000
Enterprise Leasing
total page 1 476,734 485,850
TOTAL 1,223,725 1,163,110
City of Anderson
Hi,1111111,1I Budget F1sc,1I Years 2025-2027
Deparbnent Budget Request
For all materials. services, and su lies
Department ______ ....:G:..:o:....;.v.;.er'-'n""'m;.;.ea.ana.a.t..aaB..;.u""'il""'d1""'·n""g"'"s _____ _ Budget Unit ___ .....:7..:.7.:::2:...·4.:.;0;.:1~7 __ _ Object 2025-2026 2026-2027
Number Proposed Proposed
5xxx SALARIES AND BENEFITS 61,111 6 2,167
5310 SPECIAL DEPARTMENTAL EXPENSE 25,000 25,000
Materials needed for maintenance and repairs to Citybuildings: ballasts, plumbing, electrical, landscape supplies, paint and other misc. items. Floormat care.
5320 SMALL TOOLS 2,100 1,000
5330 CLOTHING ALLOWANCE 500 500
5350 COMMUNICATION 1,400 1,400
5360 UTILITIES 162,278 173,637
Gas and Electric Service
5380 MAINTENANCE OF BUILDING/GROUNDS 11,000 12,000
Known maintenance items such as: toilet paper, cleaning supplies, towels, disinfectants, wax, etc.
5400 PROFESSIONAL AND SPECIAL SERVICES 25,000 25,000
Elevator Service, Pest Spray Service, Lock Repair, Fire Carpet and Window Cleaning, Floor Maintenance, Heating
& Cooling Maintenance.
5410 EQUIPMENT MAINTENANCE 12,000 12,000
Elevator repair, Filters for Heating & Cooling System,
repair and replacement items for City Hall, ACO Building, and Police Department
5420 INSURANCE AND BONDS 5,401 5,401
5530-2 PUBLIC WORKS LABOR CHARGES 120,851 122,401
Internal Charge Out Only
5550 DEPRECIATION 48,026 48,026
5720 CAPITAL IMPROVEMENTS . -
TOTAL 474,667 488,532
City of Andt•rson
Biannual Hudget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department _______ P_u_b_li_c_W_o_r_k_s _En_.g=in;;...e.... e __ r__ in_..g.___ ____ _ Budget Unit ____ 0_0_1_-4_2;;..;4;..;.0 __ _ Object 2025-2026 2026-2027
Number Prooosed Proposed
5xxx SALARIES AND BENEFITS 139,476 143,799
5300 OFFICE EXPENSES 1,500 1,500
5310 SPECIAL DEPARTMENT EXPENSE 12,500 12,500
5320 SMALL TOOLS 250 250
5330 CLOTHING ALLOWANCE 300 300
5350 COMMUNICATIONS 2,500 2,500
Maintenance and monitoring of City Safety alarms
5400 PROFESSIONAL AND SPECIAL SERVICES 65,000 80,000
Engineering consultation, support review of Standard Plan, parcel maps, improvement plans, project design & survey 5440 TRAVEL-CONFERENCES-MEETINGS 3,000 3,000
5450 TRAINING 3,000 3,000
5530-5 COMPUTER CHARGES 10,159 10,210
Internal Charge Out Only
5530-7 VEHICLE MAINTENANCE CHARGES 2,141 2,131
Internal Charge Out Only
TOTAL 239,826 259,190
City ol Anderson
Biannual Budget Fiscal Yc,1rs 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ____ W..;.;..;;;a;.;..st""e.;;.;w.;;;at.;;.;e;.;..r.;;.;A;.;;;;d.;.;.m;.:.;in;.::_;;;,;an;.:..;d;;..;D::...e::..:b:..::.t..::.S.::..:ervc..:....:..:ic:..::.e ___ _ Budget Unit ___ _,;6:..::.6..::.5_-4:..::.3:..::.8..::.0 __ _ Object 2025-2026 2026-2027
Number Prooosed Proposed
Sxxx SALARIES AND BENEFITS 185,910 189,769
5xxx VACATION AND OVERTIME CASH OUTS 3,000 3,000
5420 INSURANCE AND BONDS (Liability and Property) 158,526 158,526 5530-1 CUSTOMER SERVICE CHARGES 18,263 18,687
Internal Charge Out Only
5540 ADMIN FEES 159,244 159,244
5550 DEPRECIATION 295,146 295,146
5600 PRINCIPAL 6,000 6,000
Riverside COPs
5610 INTEREST 7,006 6,721
5620 DEBT SERVICE 103,545 105,283
5900 TRANSFERS 410 410
TOTAL 937,050 942,786
City ol Antler~Oll
Biannual Budget Fisr.11 Yc,irs 202S-2027
Department Budget Request
For all materials, services, and su lies
Department _______ W_a_s_te_w_a_te_r_C_o_ll'""'ec"""t"""io""'n'""'s _____ _ Budget Unit ----'6""'6.;;;..5-...;4~3..;,.8.;;;..1 __ _ Object 2025-2026 2026-2027
Number Prooosed Proposed
5xxx SALARIES AND BENEFITS 287,467 293,510
5300 OFFICE EXPENSES 300 500
5310 SPECIAL DEPARTMENTAL EXPENSE 6,000 6,500
Operational expenses
5320 SMALL TOOLS 1,000 1,000
5330 CLOTHING ALLOWANCE AND EXPENSE 1,200 1,200
Boots, raingear, eye and ear protection, rubber boots,
5350 COMMUNICATIONS 4,000 4,000
Phone lines (4 lines to pump stations)
Cell Phones
5360 UTILITIES 6,747 7,219
Electric Service
5370 RENTS AND LEASES 1,200 1,200
Tool Rentals
5380 MAINTENANCE OF BUILDINGS/GROUNDS 1,000 1,000
5400 PROFESSIONAL AND SPECIAL SERVICES 17,000 17,000
(SSMPGIS)
Pest Control
Printing Services: FOG Program
Storm Drain Permit
SWRCB Collection System Permit
Security Service
5410 EQUIPMENT MAINTENANCE 6,000 6,000
City of Anderson
Biannual Budget Fisc,11 Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department -------'--'W'-'-a;.;;_st;;.;;e...;..;w'-'-a""te;;..;;.r....;;C;..co.;.;;lle"-'c;.;;.ti;..co.;.;;ns;;._ ____ _ Budget Unit ___ .;..66.;...S;...·_43.;...8;..;1;....__ Object 2025-2026 2026-2027
Number Prooosed Prooosed
5430 MEMBERSHIP-SUBSCRIPTIONS-DUES 1,000 1,000
5440 TRAVEL-CONFERENCES-MEETINGS 1,000 1,500
5450 TRAINING 1,000 1,500
5490 MISCELLANOUS 1,500 1,800
Certification Testing/Renewal Fees: CWEA. SWRCB &
Department of Health Drug Testing and Physicals
5530-2 PUBLIC WORKS 41,435 41,966
Internal Charge Out Only
5530-7 VEHICLE MAINTENANCE 55,903 55,657
Internal Charge Out Only
total page 1 331,914 339,129
TOTAL 433,752 442,552
City of Anderson
Bia1111u,1l Budget Fiscal Years L0L:.-L0L7
Department Budget Request
For all materials, services, and su lies
Department ______ W;.;.;;;a.:..st:.;:;e..:..:w_::a.:..:te:..:..r_:T_.:;_r.::..:ea::..:t.:..:cm:..:e.:..:n:..:..t .:..P:..:la.:..:n:..:..t ____ _ Budget Unit ___ .....;;;6_.:;_6.:..5--'4;..;;3;..;;8.;;;2...;_ __ _ Object 2025-2026 2026-2027
Number Prooosed Proposed
5xxx SALARIES AND BENEFITS 685,725 703,712
5300 OFFICE EXPENSES 1,300 1,500
5310 SPECIAL DEPARTMENTAL EXPENSE 216,000 229,000
Chlorine and Sulfur Dioxide
Lab and chemical supplies, operational expenses
5320 SMALL TOOLS 1,500 1,700
5330 CLOTHING ALLOWANCES 2,200 2,500
5350 COMMUNICATIONS 1,600 1,800
5360 UTILITIES 412,319 441,181
Trash disposal
Water bill
Electric Utilities
Shasta County Tax Collector: property tax
5370 RENTS AND LEASES 1.800 1,800
5380 MAINTENANCE OF BUILDINGS/GROUNDS 5,000 5,000
5400 PROFESSIONAL AND SPECIAL SERVICES 90,000 95,000
Laboratory Testing
Bio-Solids Land Application Disposal
Security Services
(Flow Meter Calibrations)
Pest Control
(Water Studies)
RMP and PSM Audits
(Analytical Calibration)
Fire Protection
Shasta County Air Quality Management District
Shasta County Hazardous Material Permit (CUPA)
Mosquito Abatement
Instrumentation
State Water Resources Control Board (SWRCB) NPDES
Permit
City of Anderson
Biannual Budget Fisc,il Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ______ W_as_t_ew_at_e_r_T_re_a_t_m_e_n_t P_l_a_nt _____ _ Budget Unit ---------- 665-4382 Object 2025-2026 2026-2027
Number Proposed Proposed
5410 EQUIPMENT MAINTENANCE 35,000 40,000
5430 MEMBERSHIPS-SUBSCRIPTIONS-DUES 1,000 1,500
California Water Environment Association (CWEA)
5440 TRAVEL-CONFERENCE-MEETINGS 2,000 2,000
5450 TRAINING 2,000 2,000
5490 MISCELLANEOUS 5,000 5,000
Certificate testing and renewal fees: Wastewater (SWRCB) Certificate testing and renewal fees: Water & Distribution Certificate testing and renewal fees (CWEA)
5530-2 PUBLIC WORKS 20,717 20,983
Internal Charge Out Only
5530-5 COMPUTER CHARGES 8,262 8,303
Internal Charge Out Only
5530-7 VEHICLE MAINTENANCE 45,848 45,647
Internal Charge Out Only
5710 BUILDINGS 10,000 .
total page 1 1,417,444 1,483,193
TOTAL 1,547,271 1,608,626
City of Anderson
Biannual Budget Fisc.tl Ye.,r~ 202:.-2027
Department Budget Request
For all materials, services, and su lies
Department ______ S;;..;e-'-w-'e-'-r-'-Pl=a.;..;.nt;..;;L __ a=n.;..;.ds'"""c-'-ap.__e _____ _ Budget Unit ___ 6_6_5---'6_1_61_15_'¾;..;.o __ Object 2025-2026 2026-2027
Number Proposed Proposed
5xxx SALARIES AND BENEFITS 53,430 54,505
5310 SPECIAL DEPARTMENTAL EXPENSE 12,000 12,000
5320 SMALL TOOLS 120 120
5330 CLOTHING ALLOWANCE 500 500
5350 COMMUNICATIONS 500 500
5360 UTILITIES 12,000 12,372
5380 MAINTENANCE BUILDINGS/GROUNDS 900 900
5400 PROFESSIONAL AND SPECIAL SERVICES 2,500 2,500
5420 INSURANCE 2,974 2,974
5430 MEMBERSHIPS-SUBSCRIPTIONS-DUES - -
5530-2 PUBLIC WORKS LABOR CHARGE 20,717 20,983
Internal Charge Out Only
5530-7 VEHICLE MAINTENANCE CHARGES 15,040 14,974
Internal Charge Out Only
TOTAL 120,681 122,328
City ot Anderson
Bi,lllllll,ll Budget Fisc,11 YC,lf"S 202S-2027
Department Budget Request
For all materials, services, and su lies
Department ------"W~at;,,;.e.a..r;,.;;A..;.;;.dm=in.a..a=n'-'-d;...;;D;_;e"""b-'-t .a..Se=rv____;,_;;ic...;..e ____ _ Budget Unit ____ 6_6_0_-4_1_7_0 __ _ Object 2025-2026 2026-2027
Number Proposed Proposed
5xxx SALARIES AND BENEFITS 154,463 156,960
5xxx VACATION AND OVERTIME CASH OUTS 3,000 3,000
5310 SPECIAL DEPARTMENTAL EXPENSE 315 315
5400 PROFESSIONAL AND SPECIAL SERVICES - -
Merchant Fees
5420 INSURANCE AND BONDS {Liability and Property) 91,608 91,608 5520 UNCOLLECTIBLE DEBT 2,000 2,000
5530-1 CUSTOMER SERVICE CHARGES 507,919 519,707
Internal Charge Out Only
5540 ADMIN FEES 108,981 108,981
5550 DEPRECIATION 241,955 241,955
TOTAL 1,110,241 1,124,526
City ol Anderson
Bia111111al Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department _____ w_a_te_r_a_nd_Su_.p._.p~ly.__D_is_tr_ib""'"u'""'t"""'io"""n"---___ _ Budget Unit ___ ___;6;..;;6...;.0_·4;..;;1;..;.7..;;;1 ___ _ Object 2025-2026 2026-2027
Number Proposed Proposed
5xxx SALARIES AND BENEFITS 559,267 578,772
5300 OFFICE EXPENSES 500 500
5310 SPECIAL DEPARTMENTAL EXPENSE 250,000 250,000
Piping, meters, meter lids, meter boxes, repair fittings, safety, items, signs, cones, barricades, and sample
stations, fire hydrant meters, misc. needed items.
5320 SMALL TOOLS 7,500 7,500
5330 CLOTHING ALLOWANCE 1,200 1,200
Rain gear, hard hats, uniforms and boots.
5350 COMMUNICATION AND ALARMS 13,000 13,000
Telephones and alarms
Cell Phones and yard phone charges
5360 UTILITIES 440,345 471,170
Electricity to operate well pumps for City water system 5370 RENTS AND LEASES . .
5380 MAINTENANCE OF BULDINGS/GROUNDS . .
5400 PROFESSIONAL AND SPECIAL SERVICES 80,000 80,000
Engineering consulting fees, laboratory testing fees
backflow device testing, Department of Health permit fees. 5430 MEMBERSHIP-SUBSCRIPTIONS-DUES 2,500 2,500
5440 TRAVEL-CONFERENCES-MEETINGS 3,000 3,000
5450 TRAINING 7,500 7,500
City of Anderson
Biannual Huclgct Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department _____ W.;..;...;.;a..;;.;te;..;.r..;..a_n_d..,.;..S_up.....,p._lY..__D_is_tr;..;.ib;;...u;.;;..;t..;;.;io;..;;.n;...._ ___ _ Budget Unit ___ .;;..66;;...;0;_-4.;;..1;;...7....;;1;...._ __ Object 2025-2026 2026-2027
Number Proposed Proposed
5490 MISCELLANEOUS . .
5530-2 PUBLIC WORKS LABOR CHARGES 397,083 402,174
Internal Charge Out Only
5530-5 COMPUTER CHARGES 6,441 6,473
Internal Charge Out Only
5530-7 VEHICLE MAINTENANCE 121.171 120,638
Internal Charge Out Only
5727-xxx WATER PROJECTS . .
Reservoir Maintenance
5730 MACHINERY & EQUIPMENT . .
total page 1 1,364,812 1,415,142
TOTAL 1,889,507 1,944,427
City of Anclcrson
Biannual Budget Fiscal Years 2025-2027
Deparbnent Budget Request
For all materials, services, and su lies
Department _________ G_a_s_T_ax ________ _ Budget Unit ---------- 104-4143 Object 2025-2026 2026-2027
Number Proposed Proposed
5400 PROFESSIONAL SERVICES 80,000 80,000
5420 INSURANCE AND BONDS 20,946 20,946
5530-002 PUBLIC WORKS LABOR CHARGES 604,257 612,004
Internal Charge Out Only
Street maintenance
5530-005 COMPUTER CHARGES 2,731 2,744
5540 ADMIN FEES 12,875 12,875
5721 GENERAL STREET MAINTENANCE 20,300 20,300
Supplies, contract services, equipment rentals
Signal Maintenance
TOTAL 741,109 748,869
----- -
City of Anderson
Biannual Budget Fisc.11 Yca,·s 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ________ C_o_u_n_.ty_G_a_s_T_a_x ______ _ Budget Unit ---------- 105-4244 Object 2025-2026 2026-2027
Number Proposed Proposed
5400 PROFESSIONAL AND SPECIAL SERVICES 6,000 6,000
Annual Audit
5420 INSURANCE AND BONDS 11,255 11,255
5530-2 PUBLIC WORKS LABOR CHARGES 578,225 586,343
Internal Charge Out Only
Street maintenance
5530-5 COMPUTER CHARGES 2,731 2,744
Internal Charge Out Only
5540 ADMIN FEES 12,875 12,875
5580-602 TRANSIT OBLIGATION . .
5580-603 MPO PROGRAMS . .
5721 GENERAL STREET MAINTENANCE 30,000 30,000
Supplies, equipment rentals, contract services
5900 TRANSFER OUT· 106 Street Lighting 14,210 14,210
5900 TRANSFER OUT· 104 Gas Tax . .
TOTAL 655,296 663,427
City of Anderson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ____ S_t_re_e_t _Li..,.g_ht_in_.g.._a_n_d_L_a_n_d_sc_a.._p1_·n ... g_D_is_t_ri_ct ___ Budget Unit ____ 10_6_-4_1_4_5 __ _ Object 2025-2026 2026-2027
Number Proposed Proposed
5310 Special Departmental Expenses 200 210
5400 PROFESSIONAL SERVICES 4,000 4,000
Assessment Engineer
5530-2 PUBLIC WORKS LABOR CHARGES 8,632 8,743
Internal Charge Out Only
5721 GENERAL STREET MAINTENANCE 91,550 97,959
Street Lights electric bills
TOTAL 104,382 110,912
City of AnclPrson
Biannual Budget Fiscal Ye.irs 2025-2027
Department Budget Request
For all materials, services, and su lies
Department South Ridge Terrace - Unit 1 Landscaping Maintenance Budget Unit ------------ 150-4146 Object 2025-2026 2026-2027
Number Proposed Proposed
5310 SPECIAL DEPARTMENT EXPENSE 525 525
5360 UTILITIES 1,382 1,479
Electric Services
City water for irrigation
5400 PROFESSIONAL SERVICES 7,500 7,500
Assessment Engineers' Report
Landscape Maintenance
5420 INSURANCE AND BONDS 187 196
5530-2 PUBLIC WORKS LABOR CHARGES 1,000 1,020
Internal Charge Out Only
5540 ADMIN FEES 438 438
TOTAL 11,032 11,158
City of Anderson
Biannual Budgt•t Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ___ ..;;.S.;.;.;an;.;.;i;.;.;ta.;.;;.ry"--"-Se.;;...w;..;..e.;;..;r...;M"""a"""i""'n"'"'te""'n"'"an"'"c""'e...aD"'"i"""st"""ri"""c"""t _1-_0_9 __ _ Budget Unit ____ 1_5_2_-4_1_4_7 __ _ Object 2025-2026 2026-2027
Number Proposed Prooosed
5350 COMMUNICATIONS 945 964
5360 UTILITIES 3157 3,377
5400 PROFESSIONAL SERVICES 1000 1,000
5410 EQUIPMENT MAINTENANCE 400 400
5420 INSURANCE AND BONDS 250 255
5530-2 SEWER LABOR CHARGE-OUT 6000 6,120
Internal Charge Out Only
5540 ADMIN FEES 1425 1,425
TOTAL 13,177 13,541
City of Anderson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department Riverside East Assessment District Budget Unit 222-2194 ---------- Object 2025-2026 2026-2027
Number Proposed Proposed
5300 OFFICE EXPENSE 200 200
5400 PROFESSIONAL SERVICES 4,500 4,500
Engineer Services and County Admin Fee
5420 INSURANCE AND BONDS 1,579 1,579
5600 PRINCIPAL 54,000 56,000
5610 INTEREST 56,131 53,725
TOTAL 116,410 116,004
City of Andcn;on
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department _____ __:_P.::.;ol;.;.;ic;;..;;e..:.F.;;;a.;;..;ci.;:;.li.;:;.tie;;..;s./..;;C.::.;or:.i:p;_Y:..::a;;.;;.r.;:;.d ____ _ 108-4250 Object 2025-2026 2026-2027
Number Prooosed Prooosed
5400 PROFESSIONAL AND SPECIAL SERVICES - -
5420 INSURANCE AND BONDS 1,493 1,493
5530 ENGINEERING - -
5540 ADMIN FEES 8,742 8,742
Internal Charge Out Only
5721.xxx PROJECTS 100,000 - APD Roof & HVAC system
TOTAL 110,235 10,235
City of Anderson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department _______ ___;D;;..;r..;;a_in_a;i,ig.;;..e..;;C_api;..._ ______ _ 109-4251 Object 2025-2026 2026-2027
Number Prooosed Prooosed
5400 PROFESSIONAL AND SPECIAL SERVICES - -
5420 INSURANCE AND BONDS 3,028 3,209
5530-XXX ENGINEERING/CHARGEOUTS 43,161 43,715
Internal Charge Out Only
5540 ADMINFEES 8,793 8,793
Internal Charge Out Only
5724-xxx STORM DRAIN PROJECTS 175,000 175,000
Tormey Drain
Drainage Master Plan
Miscellaneous Drainage Products
TOTAL 229,982 230,717
City of Anderson
Bi.innual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department _________ P_a_r_ks_Ca_.p ________ _ 110-6152 Object 2025-2026 2026-2027
Number Pronosed Pronosed
5400 PROFESSIONAL AND SPECIAL SERVICES - -
5420 INSURANCE AND BONDS 839 1,044
5530 ENGINEERING - - Internal Charge Out Only
5540 ADMIN FEES 8,629 8,629
Internal Charge Out Only
5620 DEBT SERVICE 52,594 52,470
5725 PARKS PROJECTS - -
TOTAL 62,062 62,143
City ol Anderson
Hi;rnnual Budget Fisc,11 Yc,trs 2025-2027
Department Budget Request
For all materials, services, and su lies
Department _________ S_e_w_e_r_Ca_.p _______ _ 111-4253 Object 2025-2026 2026-2027
Number Prooosed Prooosed
5400 PROFESSIONAL AND SPECIAL SERVICES - -
5420 INSURANCE AND BONDS 1,553 1,553
5530-3 ENGINEERING . -
Internal Charge Out Only
5540 ADMIN FEES 8,424 8,424
Internal Charge Out Only
5721 GENERAL SEWER MAINTENANCE . -
5726-xxx SEWER PROIECTS - -
5900 TRANSFER OUT 103,545 105,283
WW Bond Debts
TOTAL 113,522 115,260
City of Ande1·son
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department _________ W.....;.;.at..;.e.;;..r..;.C.;...ap~-------- 112-4254 Object 2025-2026 2026-2027
Number Prooosed Prooosed
5400 PROFESSIONAL AND SPECIAL SERVICES 20,000 20,000
5420 INSURANCE AND BONDS 406 410
5530-3 ENGINEERING - -
Internal Charge Out Only
5540 ADMIN FEES 9,401 9,401
Internal Charge Out Only
5620 DEBT SERVICE - -
5727 PROJECTS - - Update Water Master Plan
TOTAL 29,807 29,811
City of Anderson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ________ T_ra_f_fi_c _Im_.p.._a_c_t _Fe_e ______ _ 113-4259 Object 2025-2026 2026-2027
Number Pronosed Prooosed
5400 PROFESSIONAL SERVICES 50,000 50,000
5420 INSURANCE AND BONDS 9,263 9,263
5530-3 ENGINEERING - - Internal Charge Out Only
5540 ADMINFEES 9,904 9,904
Internal Charge Out Only
5721 STREET IMPROVEMENT PROJECTS - - Update Traffic Impact Pee Program TOTAL 69,167 69,167
City of Anderson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department _______ 1_5._/D_e_s_c_hu_t_e_s _O_ff_ra_m_p..__ _____ _ 115-4260 Object 2025-2026 2026-2027
Number Pronosed Pronosed
5xxx SALARY AND BENEFITS - -
5420 INSURANCE AND BONDS 95 95
5530-3 ENGINEERING - - Internal Charge Out Only
5540 ADMINFEES 8,358 8,358
Internal Charge Out Only
5721 PROJECTS - -
Project Development
TOTAL 8,453 8,453
- --- ---- --- -- -- -- -- -- -- -- - --- --- -- --
City of Anderson I
Biannual Hudgct Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department _______ L__ ow ____ M __ o"--d--"e_ra_t"""e _ln""'"co"""m--""--e _H_ou_s_in_,,g.._F_u_n_d ___ _ Budget Unit ____ 13_2_-5_1_5_5 __ _ Object 2025-2026 2026-2027
Number Proposed Proposed
Sxxx SALARIES AND BENEFITS 29,800 31,134
5300 OFFICE EXPENSE 100 100
5310 SPECIAL DEPARTMENTAL EXPENSE 105 105
5340 ADVERTISING 100 100
5400 PROFESSIONAL AND SPECIAL SERVICES 7,500 7,500
{Annual Audit, other misc.)
5420 INSURANCE AND BONDS 2,644 2,644
5430 MEMBERSHIP-SUBSCRIPTIONS-DUES 300 300
5440 TRAVEL-CONFERENCE-MEETINGS 300 300
5450 TRAINING 200 200
5530-5 COMPUTER CHARGES 5,606 5,634
Internal Charge Out Only
5530-8 BUILDING/EQUIPMENT 1,415 1,415
Internal Charge Out Only
5540 ADMIN FEES 7,118 7,118
Internal Charge Out Only
TOTAL 55,188 56,550
City of Andt•rso11
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department __ R_e_de_v_e_lo..,p_m_e_n_t_P_ro..,p_e_rty __ T_a_x_T_ru_s_t_Fu_n_d_( ... R_P_T_T_F_) _ Budget Unit ---------- 223-5155 Object 2025-2026 2026-2027
Number Prooosed Prooosed
5310 SPECIAL DEPARTMENTAL EXPENSES - .
5420 INSURANCE & BONDS 8,579 8,579
5600 PRINCIPAL PAYMENTS 285,000 295,000
2015 Bonds
5610 INTEREST 195,709 186,094
2015 Bond
5900 TRANSFER-Successor Agency Admin Costs 125,591 125,591 TOTAL 614,879 615,264
City nl Ander.son
Bi,rnnual Budget Fi.sc.11 Yc.ir.s 20Z:i-2027
Department Budget Request
For all materials, services, and su lies
Department Successor Agency Ad min Costs Budget Unit ____ 3_30_-_5_15_5 ___ _ Object 2025-2026 2026-2027
Number Proposed Proposed
5xxx SALARIES AND BENEFITS 24,553 24,548
5300 OFFICE EXPENSES 2,100 2,100
5310 SPECIAL DEPARTMENTAL EXPENSE 1,000 1,000
5350 COMMUNICATIONS 500 500
5400 PROFESSIONAL AND SPECIAL SERVICES 17,000 17,000
Audit
Bond Admin Costs
Annual Trustee Admin Fees/Disclosure
5420 INSURANCE AND BONDS 7,063 7,063
5430 MEMBERSHIP-DUES-SUBSCRIPTIONS 500 500
5440 TRAVEL-CONFERENCES-MEETINGS 2,000 2,000
5450 TRAINING 500 500
5530-5 COMPUTER CHARGES 8,691 8,735
Internal Charge Out Only
5530-8 BUILDING/EQUIPMENT 5,659 5,659
Internal Charge Out Only
5540 ADMIN FEES 12,070 12,070
Internal Charge Out Only
TOTAL 81,636 81,675
City of Anderson
Bi,1111111al Budget Fist:al Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ______ ....:H:..:..0.::..M:....:..::E....:P...:.r..:..o""gr:....:.a;.:.;mc.:....:..:.ln:....:.c..:..o:..:..m:....:.e _____ _ Budget Unit ---------- 121-5295 Object 2025-2026 2026-2027
Number Prooosed Prooosed
5310 SPECIAL DEPARTMENTAL EXPENSE 840 900
5400 PROFESSIONAL SERVICES 7,000 7,000
Portfolio Management
Home Application
5650 Loans 100,000 100,000
TOTAL 107,840 107,900
City of Anderson
Biannual Budget Fiscal Years 2025-2027
Department Budget Request
For all materials, services, and su lies
Department ________ C_D_B_G_Pr_o_..g._ra_m _______ _ Budget Unit ____ 1_2_8-_5_4_9_5 __ _ Object 2025-2026 2026-2027
Number Proposed Proposed
5xxx SALARIES AND BENEFITS 55,960 58,185
5310 SPECIAL DEPARTMENTAL EXPENSE 525 525
5340 ADVERTISING (Public Hearings) 500 500
5400 PROFESSIONAL SERVICES 7,000 7,000
5450 TRAINING 200 200
5530-5 COMPUTER CHARGES 910 915
Internal Charge Out Only
5540 ADMIN FEES 8,776 8,776
Internal Charge Out Only
5650 HOUSING REHAB LOANS 50,000 50,000
TOTAL 123,871 126,101
AGENDA ITEM
~une 17, 2025, City Council Meetin~
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Oliver Collins, Chief of Police
Date: June 17, 2025
!SUBJECT
California's Alcohol Beverage Control (ABC), Alcohol Policing Partnership (APP) program.
I RECOMMENDATION
Approve the requested resolution to accept the grant award funding from the California Alcohol Beverage Control (ABC), in the amount of $50,000.
I FISCAL IMPACT
This is a reimbursement-based grant with no net fiscal impact to the City of Anderson. The City will initially cover eligible expenses- such as police department overtime, equipment, training, and educational materials- which will be reimbursed on a quarterly basis by the State.
The grant period runs from July 1, 2025, through June 30, 2026. All initial costs will be funded through the City's FYZS/26 budget and are expected to be reimbursed within the same fiscal year.
No matching funds are required, as this is a fully funded grant.
Police Department staff will be responsible for grant administration, including oversight of operations, scheduling of overtime, and completion of quarterly reports. These duties will be absorbed within existing staff workload and will not require additional staffing or resources.
ITEM 8.8a PAGE1 06/17/2025
I DISCUSSION and BACKGROUND
The Anderson Police Department (APD) serves approximately 6.5 square miles and a population of about 11,300. Within the City, there are 25 on-sale and 23 off-sale Alcohol Beverage Control (ABC) licensed establishments. About one-third of APD officers have fewer than five years of experience and limited exposure to ABC laws and enforcement.
According to the U.S. Census Bureau, 24.2% of Anderson's population is under 18, highlighting the need for youth-focused alcohol education and prevention efforts.
In March 2025, APD applied for an ABC grant through the State of California to enhance efforts in reducing underage access to alcohol. The grant supports law enforcement agencies by funding equipment, training, and resources to address alcohol-related issues.
Grant Application Submission:
In March 2025, the Anderson Police Department submitted a grant application for funding through the State of California, Alcohol Beverage Control. This grant is specifically designed to assist law enforcement agencies by providing financial support for equipment, training, and other resources to reduce youth access to alcohol.
As part of the grant process, a formal resolution from the Anderson City Council is required. The resolution will authorize the City to enter into a grant agreement with ABC and accept the awarded funding, either in full or in part.
Proposed Use of Grant Funds:
If awarded, the grant will provide funding for essential resources aimed at enhancing community safety, improving public education on youth access to alcohol, impaired driving, and strengthening proactive enforcement efforts. The Anderson Police Department has identified the listed goals/objectives for this grant:
1. Identify and target problematic ABC licensed establishments.
2. Develop and implement an ongoing standard operating ABC enforcement procedure and training program within the agency.
3. Ensure proper and timely reporting of ABC Grant related materials.4. Conduct at least 3 Minor Decoy operations.
4. Conduct at least 3 "Shoulder Tap" operations, including participating in the Statewide Shoulder Tap Operation conducted by ABC.
5. Perform proactive alcohol-related enforcement activities during special events or holidays. (On dates such as: Shasta District Fair week, Mosquito Serenade Concert events, St.
Patrick's Day, Cinco De May, Superbowl Sunday, New Years Eve).
6. Provide roll call training on alcohol-related issues for all sworn personnel on a regular and continual basis. This will include providing APD officers with a "cheat sheet" of ABC related laws and enforcement strategies.
7. Provide training on the TRACE program to all patrol shifts.
ITEM 8.8a PAGE2 06/17/2025
8. Coordinate and conduct IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) Operations at 100% of the licensed premises within our jurisdiction.
9. Schedule and coordinate at least 1 LEAD (Licensee Education on Alcohol and Drugs) Classes.
10. Inform citizens in our community about this project and give periodic updates on the status and accomplishments of the project.
11. Issue press / social media releases regarding the grant and/or the activities conducted under the grant after every enforcement operation. With ABC approval we will conduct at least 1 ride along with a member of local media to highlight our efforts during a shoulder tap operation.
12. Conduct at least 1 warrant sweep of alcohol related law violations.
13. Conduct additional operations when specific concerns regarding ABC licensed establishments are identified, such as narcotics trafficking within an establishment, overserving of intoxicated patrons, etc.
14. As funding allows, be available to assist other ABC Grantees with major events or operations as determined appropriate by our assigned grant officer.
15. Provide youth education opportunities to the community.
All requested equipment and resources align with the following Department core focus areas:
• Community Safety
• Community Engagement
• Community Education
• Proactive Enforcement
• Officer Safety
• Reducing the likelihood of youth accessing alcohol
• Deterrence of Impaired Driving
Conclusion:
The State ABC grant presents a valuable opportunity for the City of Anderson to proactively address underage alcohol access and enhance public safety. Acceptance of this funding will support targeted enforcement, training, and community outreach efforts, while also fostering stronger collaboration between law enforcement, local businesses, schools, and community partners.
City staff recommends that the Anderson City Council adopt the proposed resolution authorizing the city manager to sign the agreement and accept the grant funding of $50,000 from the California Department of Alcoholic Beverage Control.
I ATTACHMENT
1. Resolution
ITEM 8.8a PAGE3 06/17/2025
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON
ACCEPTING GRANT FUNDING THROUGH THE CALIFORNIA DEPARTMENT OF
ALCOHOL BEVERAGE CONTROL
WHEREAS, in March 2025, the Police Department applied for a grant through the California Alcohol Beverage Control (ABC), Alcohol Policing Partnership (APP) program for funding to reduce youth access to alcohol; and
WHEREAS, On June 3, 2025, the Department was notified that the grant was funded for $50,000 and that the funding was for essential resources aimed at enhancing community safety, improving public education on youth access to alcohol, and strengthening proactive enforcement efforts; and
WHEREAS, This is a reimbursement-based grant with no net fiscal impact to the City of Anderson where the City will initially cover eligible expenses-such as police department overtime, equipment, training, and educational materials- which will be reimbursed on a quarterly basis by the State; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anderson hereby approve the requested resolution authorizing the city manager to sign the agreement and accept the grant funding of $50,000 from the California Department of Alcoholic Beverage Control.
PASSED AND ADOPTED by the City Council of the City of Anderson this 17th day of June 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susie Baugh, Mayor
ATTEST:
Christy White, City Clerk
To:
Through:
From:
Date:
jsuBJECT
AGENDA ITEM
I June 17, 2025 City Council Meeting!
d for Submittal By:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Tyler Finch, Lieutenant, via Oliver Collins, Chief of Police June 17, 2025
United States Department of Justice (USDOJ) Community Oriented Policing Services (COPS) School Violence Prevention Program submission resolution
I RECOMMENDATION
City staff recommends that the Anderson City Council approve the requested resolution in support of the grant application.
I FISCAL IMPACT
This is a 75% reimbursement-based grant, which means the City will be responsible for funding 25% of the total project cost upfront. The total amount to be applied for is $300,000, with $225,000 covered by the grant and $75,000 as the City's share. It is anticipated that the City's portion will be primarily funded through existing Police Department resources, including the Zogg Fire Settlement and Asset Forfeiture funds.
The project will fund the purchase of Body Worn Cameras (BWCs) for all sworn officers and professional staff with field-related duties. In addition to the BWCs, the grant will cover five years of associated services, including data storage, redaction tools, and reporting software.
ITEM 8.8b PAGE1 06/17/2025
Police Department administrative staff time will be required to manage the grant which will be accomplished during the staff normal duty time. The grant management will include procuring equipment and completing mandatory bi-annual reporting. The grant also supports outreach efforts such as school and community events aimed at strengthening relationships, promoting transparency, and reinforcing trust between the Police Department and the community.
I DISCUSSION and BACKGROUND
The addition of Body Worn Cameras (BWC) will assist in the collection and preservation of evidence, reduce the number of personnel complaints, reduce staff time responding to and investigating complaints, strengthen the bond between the community and law enforcement, encourage a higher level of professionalism, and enhance the level of trust amongst the schools, the students, community and officers.
In anticipation of the eventual implementation of BWCs, the Anderson Police Department has already adopted policies regarding the use, storage, and monitoring of the digital media.
Additionally, the majority of Anderson Police Department staff are in support of BWCs. As this grant opportunity is directly tied to school safety, the school districts of Anderson, Anderson Union High School District, Cascade Union Elementary School District, and Northern Summit Academy, have all expressed support for this plan and increased cooperation and interaction with the schools and students.
Through the USDOJ-COPS- School Violence Prevention Program, the Anderson Police Department would be able to purchase 28 BWCs as well as the required digital media data storage, processing, and redaction capabilities needed to better protect the community as well as City of Anderson personnel and assets. We are also requesting additional funds through the grant to encourage and support proactive community outreach, education, and interaction regarding school violence and BWCs.
The grant will fund up to 75% of an approved program, up to $500,000 per submission. The grant application deadline is June 26, 2025, and the grant period is October 1, 2025 to September 30, 2026.
Proceeding forward with this grant, and if successful, it will supply the police department with 28 BWCs, related equipment, and community engagement, saving the city approximately $225,000.
Grant Application Submission:
Upon approval of the resolution, the Police Department will submit an application for funding through the USDOJ-COPS-School Violence Prevention Program. This grant is specifically designed to assist law enforcement agencies by providing financial support for equipment and other resources to provide a safe school environment as well as a safer community as a whole and ensure we meet the service expectations of the school and community.
ITEM 8.8b PAGE2 06/17/2025
The resolution will affirm the City's authorization and support to apply for the grant funds. If the Police Department is awarded in full or in part funding, the Police Department will seek approval from City Council to accept the funds in a future resolution.
Proposed Use of Grant Funds:
If awarded, the grant will provide funding for 28 BWCs, related equipment, and community engagement events.
All requested equipment and resources align with the following core focus areas:
• Community Safety
• Community Engagement
• Community Education
• Proactive Enforcement
• Officer Safety
Conclusion:
Approval to apply for the USDOJ-COPS-School Violence Prevention Program grant will enable the Police Department to secure critical resources that will enhance public safety and improve the department's ability to provide high quality service to the schools, the students, and the community.
City staff recommends that the Anderson City Council approve the requested resolution in support of the grant application.
I ATTACHMENT
1. Resolution
ITEM 8.8b PAGE3 06/17/2025
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON
AUTHORIZING SUBMITTAL OF AN INDIVIDUAL GRANT APPLICATION FOR THE
USDOJ- COPS- SCHOOL VIOLENCE PREVENTION PROGRAM
WHEREAS, The Anderson Police Department desires to undertake a certain project designated as USDOJ- COPS- School Violence Prevention Program grant (COPS Grant) to be funded in part from funds made available through the USDOJ- COPS- School Violence Prevention Program administered by the USDOJ- COPS- School Violence Prevention Program (hereafter referred to as COPS Grant);
WHEREAS, the purpose of the grant is to assist in providing 75% (approximately $225,000) of project funding per submission to procure police Body Worn Cameras (BWC) and staff school related events and functions.
WHEREAS, the City of Anderson will provide matching funds of 25% (approximately $75,000) of project funding to procure police Body Worn Cameras (BWC) and staff school related events and functions.
WHEREAS, the purpose of the grant funding must be allocated toward procuring police BWCs and funding school related community events.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDERSON that the Anderson Police Department is authorized to submit an application to United States Department of Justice- Community Oriented Policing Services for the USDOJCOPS- School Violence Prevention Program.
BE IT FURTHER RESOLVED that the City of Anderson will allocate matching funds of up to $75,000 towards the program to fund.
BE IT FURTHER RESOLVED that the City Manager, or their designee, are hereby authorized as Signature Authority to execute in the name of the City of Anderson all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.
PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Anderson this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Susie Baugh, Mayor of the City of Anderson
ATTEST:
Christy White, City Clerk
AGENDA ITEM
~one 17, 2025, City Council Meetin~
ed for Submittal By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Adam Whelen, Public Works Director
Date: June 17, 2025
lsueJECT
Wastewater Treatment Plant Solar Project Equipment Lease Financing with Huntington Public Capital Corporation in the amount of $3,849,995.14
I RECOMMENDATION
The Public Works Director recommends that the City Council:
Adopt Resolution and Declaration of Official Intention, approving equipment lease financing with Huntington Public Capital Corporation and related documents and actions.
I FISCAL IMPACT
The City is expected to save $11,851,200 in energy costs over the following thirty (30) years as a result of the energy improvement Project being financed. Huntington Public Capital Corporation does not charge any fees to provide its financing and will receive an interest rate of 4. 70% through the life of the financing. Jones Hall, as special legal counsel/bond counsel to the City, will receive a fee of $15,000, contingent on the successful closing of the financing.
The City will need to budget and appropriate funds each year from legally available sources to make the rental payments under the Master Equipment Lease Agreement. This is done on a fiscal year-by-fiscal year basis and does not constitute a debt of the City that extends past a single fiscal ITEM 8.9 PAGE1 06/17/2025
year. If funds are not appropriated, Huntington Public Capital Corporation has the option to retrieve all the equipment being financed by the Project.
In accordance with Government Code Section 5852.1, the following information, based on goodfaith estimates provided by The Huntington National Bank have been obtained and disclosed to the City Council prior to the completion of the financing: (i) the estimated true interest cost of the financing is 4. 70%, (ii) the estimated finance charge of the financing (being the sum of all fees and charges paid to third parties), is $15,000 (Bond Counsel fee), (iii) the estimated proceeds of the financing expected to be received, net of proceeds for finance charges in (ii) above to paid from the principal amount of the financing is $3,849,995.14 (Bond Counsel fee is being paid separately), and (iv) the estimated total payment amount of the financing (being the sum of debt service to be paid to final maturity, plus any financing costs not paid from proceeds of the financing) is $6,401,633.01.
I DISCUSSION and BACKGROUND
City staff have been working with Schneider Electric on energy improvement options. At the meeting on February 4, 2025, the City Council approved moving forward with a ground-mounted solar photovoltaic (PY) array to offset the electricity usage of the City's Wastewater Treatment Plant, and together with all attachments, tooling, accessories, appurtenances, and additions thereto (collectively, the Project). The total cost of the Project is $3,651,453.
In order to provide up-front financing for the Project, City staff undertook a request-forproposals (RFP) process. Based on this process, The Huntington National Bank ( or a related entity) was selected as the preferred lender. The documents being approved by the draft Resolution would authorize the financing of the Project through Huntington Public Capital Corporation, with an estimated closing/funding date of June 26, 2025.
Improvements to he Financed
The improvements to be financed include the installation of a Turnkey Ground-Mounted Solar PV system at the City's Wastewater Treatment Plant located at 3701 Rupert Rd., Anderson, CA 96007.
This system will consist of solar panels, solar inverters, a steel racking system, and all associated electrical infrastructure necessary for operation.
Estimated Gross Net Savines Considerin& Est, Debt Service Payment Thru Maturity in 2045 The proposed Solar PV system is projected to generate significant long-term financial benefits for the City. Based on current estimates, the Project is expected to yield approximately $11.85 million in net lifecycle savings over a 30-year period, after accounting for debt service payments through the loan's maturity in 2045. These savings are driven by reduced utility costs and stable energy pricing over the life of the system, as well as a $1,095,436 direct pay reimbursement in Year 1 through the federal Investment Tax Credit (ITC) program.
ITEM 8.9 PAGE2 06/17/2025
AKreements BeinK Approved
The Resolution would approve (1) a Master Equipment Lease Agreement, and exhibits thereto including Equipment Schedule No. 001, (2) an Escrow Agreement, and (3) related documents and actions.
Master Equipment Lease Agreement. Pursuant to this agreement, the City purchases the equipment being financed through the Project in exchange for rental payments. The City must budget and appropriate funds from legally available sources each year to make the rental payments under the Master Equipment Lease Agreement. This is done on a fiscal year-by-fiscal year basis and does not constitute a debt of the City that extends past a single fiscal year. If funds are not appropriated, Huntington Public Capital Corporation has the option to retrieve all the equipment being financed by the Project.
Payment of the lease payments will commence on July 1, 2026, and extend through March 1, 2045, at an interest rate of 4. 70%.
Prepayment of amounts due under the Master Equipment Lease Agreement may be made on lease payment dates (1) on or before March 1, 2040, at a prepayment price of 102% of the outstanding balance, plus accrued interest, and (2) on or after September 1, 2040, at a prepayment price of 100% of the outstanding balance, plus accrued interest. In addition, the City may seek to use funds received by the IRS related to the federal investment tax credits to make a one-time, penalty-free prepayment, not to exceed $1,138,500, within 36 months from the lease commencement date.
Escrow Agreement. Pursuant to this agreement, the entire amount of the financing ($3,849,995.14) is held in escrow by The Huntington National Bank for use for project costs ($3,651,453.00) and capitalized interest payable monthly through August 1, 2026 ($198,542.14).
The City will requisition funds from the escrow account as needed for project costs.
Related Documents and Actions. In connection with the closing of the financing, the City will be required to deliver various certificates and documents to establish the tax-exempt purposes of the financing, the validity of the proceedings related to the financing and related matters. The City Manager is authorized to execute and deliver all such documents.
FinancinK Participants
The Huntin2ton National Bank. Huntington Bancshares Incorporated is a $210 billion asset regional bank holding company headquartered in Columbus, Ohio. Founded in 1866, The Huntington National Bank and its affiliates provide consumers, small and middle-market businesses, corporations, municipalities, and other organizations with a comprehensive suite of banking, payments, wealth management, and risk management products and services. Huntington operates approximately 968 branches in 13 states, with certain businesses operating in extended geographies.
ITEM 8.9 PAGE3 06/17/2025
Huntin~on Public Capital Corporation. Huntington Public Capital Corporation is an indirect subsidiary of The Huntington National Bank utilized for tax-exempt equipment lease financings.
Jones Hall. Jones Hall, the City's longtime bond counsel firm, is serving as special legal counsel on the financing. As special legal counsel to the City, Jones Hall will review and comment on all financing documents, ensure that the financing complies with State and Federal law that governs municipal finance, and prepare as-needed closing documents. Jones Hall will render the required legal and tax opinions at closing.
I ATTACHMENT
1. Resolution and Declaration of Official Intent
2. Form of Master Lease Agreement- Energy Conservation Measures (No. 311948)
3. Form of Escrow Agreement
ITEM 8.9 PAGE4 06/17/2025
Resolution No. 25-_
RESOLUTION AND DECLARATION OF OFFICIAL INTENT
(For "BQ" Transactions)
Lessee: City of Anderson, CA ("Lessee")
Maximum Principal Amount Expected To Be Financed: $3,849,995.14 WHEREAS, the Lessee is a political subdivision of the state of California (the "State") and is duly organized and existing pursuant to the constitution and laws of the State.
WHEREAS, pursuant to applicable law, the governing body of the Lessee ("Governing Body") is authorized to purchase, lease, acquire, and to encumber, real and personal property, including, without limitation, rights and interests in property, leases and easements necessary to the functions or operations of the Lessee.
WHEREAS, the Governing Body hereby finds and determines that the execution of one or more lease-purchase agreements including any and all exhibits thereto ("Property Leases") in the principal amount not exceeding the amount stated above ("Principal Amount") for the purpose of acquiring the property generally described below ("Property") and to be described more specifically in the Property Leases is appropriate and necessary to the functions and operations of the Lessee.
Brief Description of Property:
A ground mounted solar PY array to offset the electricity usage of the City's Wastewater Treatment Plant Together with all attachments, tooling, accessories, appurtenances, and additions thereto.
WHEREAS, Huntington Public Capital Corporation or an affiliate or related entity ("Lessor") is expected to act as the lessor under the Property Leases.
WHEREAS, the Lessee may pay certain capital expenditures in connection with the Property prior to its receipt of proceeds of the Property Leases ("Lease Purchase Proceeds") for such expenditures and such expenditures are not expected to exceed the Principal Amount.
WHEREAS, the U.S. Treasury Department regulations do not allow the proceeds of a tax-exempt borrowing to be spent on working capital and the Lessee shall hereby declare its official intent to be reimbursed for any capital expenditures for Property from the Lease Purchase Proceeds.
NOW, THEREFORE, Be It Resolved by the Governing Body of the Lessee:
Section 1. Any one of the Authorized Representatives identified below ( each an "Authorized Representative") acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver one or more Property Leases in substantially the form set forth in the document presently before the Governing Body, which document is available for public inspection at the office of the Lessee. Each Authorized Representative acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Property Leases (including, but not limited to, escrow agreements) as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Property Leases are hereby authorized.
Authorized Representatives of Lessee:
Section 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of the Lessee to execute and deliver agreements and documents relating to the Property Leases on behalf of the Lessee.
Section 3. The aggregate original principal amount of the Property Leases shall not exceed the Principal Amount and shall bear interest as set forth in the Property Leases and the Property Leases shall contain such options to purchase or prepay by the Lessee as set forth therein.
Section 4. The Lessee's obligations under the Property Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Property Lease and the Lessee's obligations under the Property Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the State. In addition, the funds necessary to meet the principal and/or interest payments under the Property Leases for the current fiscal year are hereby appropriated.
Section 5. The Governing Body of Lessee anticipates that the Lessee may pay certain capital expenditures in connection with the Property prior to the receipt of the Lease Purchase Proceeds for the Property. The Governing Body of Lessee hereby declares the Lessee's official intent to use the Lease Purchase Proceeds to reimburse itself for Property expenditures. This section of the Resolution is adopted by the Governing Body of Lessee for the purpose of establishing compliance with the requirements of Section 1.150-2 of Treasury Regulations. This section of the Resolution does not bind the Lessee to make any expenditure, incur any indebtedness, or proceed with the purchase of the Property.
Section 6. As to each Property Lease, the Lessee reasonably anticipates that it and entities controlled by it will not issue more than $10,000,000 of tax-exempt obligations (other than "private activity bonds" which are not "qualified 501(c)(3) bonds") during the calendar year in which each such Property Lease is issued and hereby designates each Property Lease as a qualified tax-exempt obligation for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended.
Section 7. This Resolution shall take effect immediately upon it adoption and approval.
ADOPTED AND APPROVED on this June 17, 2025.
A TT A CHM ENT 1
CERTIFICATION
The undersigned Mayor of the above-named Lessee hereby certifies and attests that the undersigned has access to the official records of the Governing Body of the Lessee, that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at a meeting of said Governing Body and that such resolutions have not been amended or altered and are in full force and effect on the date stated below.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Christy White, City Clerk
Mayor of Lessee: Print Name: Susie Baugh
Official Title: Mayor of the City of Anderson
Dated: June 1Z, 2025
HUNTINGTON PUBLIC CAPITAL CORPORATION
MASTER LEASE AGREEMENT - ENERGY CONSERVATION MEASURES
NO. 311948
(Tax Exempt)
Dated as of: June 26, 2025 (the "Agreement Date")
THIS MASTER LEASE AGREEMENT (this "Agreement") is made by and between Huntington Public Capital Corporation, a Nevada corporation, and its successors or respective assigns ("Lessor") and City of Anderson, CA ("Lessee").
Section 1. CERTAIN TERMS AND DEFINITIONS.
As used throughout this Agreement, the following terms shall have the meanings listed herein:
(a) "Acceptance Certificate" shall mean an acceptance certificate provided by Lessee in the form acceptable to Lessor; (b) "Agreement" shall mean this Master Lease Agreement No. 311948 and all Schedules hereto; (c) "Code" shall mean the Internal Revenue Code of 1986, as amended, and the Regulations; (d) "Concluding Payment" shall mean the unpaid principal balance of a Lease as of the due date of each Lease Payment as set forth on the related Schedule, assuming that Lessee has paid the Lease Payment that is due on such date; ( e) "Counsel" shall mean an attorney duly admitted to the practice oflaw before the highest court of the State; (f) "Default Interest Rate" shall mean the lower of 18% per annum or the highest interest rate permitted by State law; (g) "Energy Performance Contract" means the energy performance contract by and between the Lessee and the Energy Performance Provider, identifying all or a portion of the Equipment. (h) "Energy Performance Provider" means the energy services contractor or provider identified in the Energy Performance Contract.
(i) "Environmental Laws" shall mean any federal, state or local law, rule or regulation pertaining to the protection of the environment;
(j) "Equipment" shall mean all items of property described in Schedules and subject to this Agreement, and all replacement parts, additions, and accessions to and made a part thereof, and substitutions and modifications thereto; (k) "Equipment Location" shall mean the location(s) specified in a Schedule; (I) "Escrow Account" shall mean an account established pursuant to an Escrow Agreement, if any; (m) "Escrow Agreement" shall mean an escrow agreement or a property acquisition agreement among Lessor, Lessee and an escrow agent or a property acquisition agent pursuant to which an account is established to pay the costs of the Equipment, if any;
(n) "Event of Default" shall have the meaning set forth in Section 19 of this Agreement; (o) "Event of Loss" shall mean the determination of Lessor, in its sole discretion, that a unit of Equipment is lost, stolen or damaged beyond repair;
(p) "Fair Market Value" shall mean the amount of money to be paid for the Equipment by a fully infonned and willing buyer/user (including a lessee in possession) from a fully infonned and willing seller assuming: (i) an arm's length transaction with neither party under the compulsion to buy or sell; and (ii) the Equipment is valued on a fully assembled and operational basis (including therein all necessary deinstallation, reinstallation and engineering costs) and is in the condition required by this Agreement;
(q) "Fiscal Year" shall mean the 12-month fiscal period that commences and ends every year on the dates shown on the execution page hereof;
(r) "Initial Fiscal Period" and "Initial Term" shall mean the period from the Lease Commencement Date through the duration of Lessee's then current Fiscal Year;
(s) "Lease" shall mean with respect to each piece of Equipment, this Agreement and the Schedule and the Acceptance Certificate relating to such Equipment, which shall together constitute a separate contract relating to such Equipment, and the general terms and conditions of which shall be contained in this Agreement; (t) "Lease Commencement Date" shall mean the date that Lessor's commitment to make funds available to Lessee under the Lease is exchanged for Lessee's commitment to make payment under the Lease, which date shall be specified in each Schedule;
(u) ''Lease Payments" shall mean the rental payments evidenced by principal and interest portions of the payments due under the Lease as specified on the payment schedule attached to the Lease; (v) "Lease Tenn" shall have the meaning set forth in Section 2 of this Agreement; (w) "Liens" shall mean levies, liens, encumbrances, leases, security interests, mortgages, pledges, judgments, attachments, warrants, writs, other judicial processes and/or claims of any nature whatsoever by or of any person; (x) "Manufacturer" shall mean each of the manufacturers or vendors, or authorized affiliates or agents, from whom Lessee has ordered or with whom Lessee has contracted for the manufacture, delivery, and/or installation of the Equipment; (y) "Net Proceeds" shall mean any insurance proceeds or condemnation awards paid with respect to any Equipment remaining after payment therefrom of all expenses incurred in the collection thereof; (z) "Non-Appropriation Event" and "Non-Renewal Event" shall have the respective meanings set forth in Subsection 5.2 of this Agreement;
(aa) "Opinion of Counsel" shall mean an opinion of Lessee's Counsel in a form provided by and acceptable to Lessor; (bb) "Performance and Payment Bond(s) and Dual Obligee Rider(s)" means the Performance and Payment Bond or Bonds provided by the Energy Performance Provider or other responsible party and its surety to Lessee (as obligee) and to Lessor (as dual obligee) for the performance of responsibilities and/or payment of amounts due and payable, pursuant to the Energy Performance Contract.
(cc) "Permitted Modifications" shall mean modifications which, as determined by Lessor, do not: (i) impair the originally intended function, capabilities, specifications and performance of any unit of Equipment; (ii) impair any maintenance agreements, warranties or licenses with respect to any unit of Equipment; (iii) violate any Manufacturer requirements; (iv) adversely affect the Equipment's resale value; and (v) cause any damage to any unit of Equipment upon removal; (dd) "Prepayment Date" and "Prepayment Premium" shall have the respective meanings set forth in Section 17 of this Agreement; (ee) "Regulations" shall mean the applicable proposed, temporary, or final Income Tax Regulations promulgated by the United States Department of the Treasury under the Code or, to the extent applicable to the Code, under the Internal Revenue Code of 1954, as such regulations may be amended or supplemented from time to time; (ff) "Renewal Act" shall mean the affirmative act of Lessee whereby Lessee gives notice of its intent to renew the affected Lease for the applicable Renewal Term, provided, that, if permitted by applicable State law, the act of the governing body of Lessee whereby it appropriates funds to pay Lease Payments for a Lease that are due and payable in such succeeding Renewal Term shall be deemed such an affirmative act of Lessee;
(gg) "Renewal Term" shall mean each twelve month period that shall correspond to Lessee's Fiscal Year and shall commence on the first day following the last day of the Initial Tenn or the preceding Renewal Tenn, as the case may be, provided, that the last scheduled Renewal Term of any Lease shall be such lesser number of months as may be necessary to extend the Lease Term of said Lease to the date that the last Lease Payment stated in the Schedule is due and payable; (hh) "Return Date" shall have the respective meanings set forth in Subsection 5.2 of this Agreement. (ii) "Schedule" shall mean a form of equipment schedule, including all exhibits thereto, provided by and acceptable to Lessor, executed by Lessor and Lessee, describing the Equipment and setting forth the Lease Payments and Concluding Payments; (jj) "State" shall mean the state or commonwealth in which Lessee is located; and (kk) "Taxes" means present and future taxes, levies, duties, assessments (special or general) or other governmental charges (federal, state and/or local) that are not based on the net income of Lessor, whether they are assessed to or payable by Lessee or Lessor, including, without limitation (i) sales, use, excise, licensing, registration, titling, gross receipts, ownership, leasing, rental, possession, stamp and personal property taxes, and (ii) interest, penalties, or fines on any of the foregoing.
Section 2. TERM.
2.1 This Agreement shall be in effect from the Agreement Date set forth in the first page hereof. For each Lease, its lease term shall consist of an Initial Term and, if renewed as stated below in this Section 2.1, additional Renewal Terms ( collectively, , the Initial Term and all applicable Renewal Terms shall hereinafter be referred to as the "Lease Term"). Each Lease shall automatically terminate at the end of the Initial Term or Renewal Term then in effect unless prior to the end of the Initial Term or Renewal Term, a Renewal Act is taken by Lessee and upon such a Renewal Act, the succeeding Renewal Term shall commence.
2.2 The Lease Term of each Lease will terminate upon the earlier of: (a) the termination of a Lease by Lessee in accordance with Subsection 2.1, Subsection 5.2, or Section 17 hereof; (b) an Event of Default by Lessee and Lessor's or its assigns' election to terminate such Lease pursuant to terms hereunder; or (c) the payment by Lessee of all Lease Payments and all other amounts authorized or required to be paid by Lessee pursuant to such Lease.
Section 3. LEASE PAYMENTS. From the Lease Commencement Date, Lessee agrees to pay to Lessor or its assigns the Lease Payments, including the principal and interest portions, equal to the amounts specified in the related Schedule, and a portion of each Lease Payment is paid as and represents the payment of interest as set forth therein. Unless other stated, the interest component under each Schedule shall be computed on the basis of a 360-day year consisting of twelve 30-day months, from the Lease Commencement Date at the interest rate or rates set forth in each respective Schedule. The Lease Payments will be payable, exclusively from moneys legally available therefor, in lawful currency of the United States, without notice or demand at the designated office of Lessor ( or such other place as Lessor or its assignee may from time to time designate in writing). Lease Payments will commence on the first Lease Payment date, which Lessor is authorized to designate and which is set forth in the related Schedule, and thereafter on the dates set 2 forth therein. All of Lessee's obligations under this Agreement and each Lease shall constitute a current expense of Lessee for the Fiscal Year in which the obligation is due and shall not constitute an indebtedness of Lessee within the constitution and laws of the State, nor shall anything contained herein or therein constitute a pledge of any taxes, funds or other moneys (other than moneys lawfully appropriated from time to time by or for the benefit of Lessee for this Agreement and the Net Proceeds of the Equipment) or the full faith and credit of Lessee. Except as specifically provided in Section S hereof, the Lease Payments will be absolute and unconditional in all events and will not be subject to any abatement, diminution, deduction, set-off, defense, counterclaim, or recoupment for any reason whatsoever, including without limitation, any failure of the Equipment to be delivered or installed, any defects, malfunctions, breakdowns, or infirmities in the Equipment or any accident, condemnation, or unforeseen circumstances. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the related Lease Term and hereby covenants that it will do all things lawfully within its power, including (without limitation) the exhaustion of all administrative remedies, in order to obtain, maintain and properly request and pursue funds from which the Lease Payments may be made, including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funds, using its bona fide best efforts to have such portion of the budget approved. It is Lessee's intent to continue each Lease hereunder for its entire Lease Term and to pay all Lease Payments relating thereto if funds are legally available therefor and in that regard Lessee represents that the use of Equipment is essential to its proper, efficient and economic operation. If a Lease Payment or any other amount due under a Lease is eleven (11) days or more late, then Lessee, at Lessor's option and without further demand or notice, will be assessed a late charge equal to 5% of said late payment, but not to exceed the maximum amount allowed by law, and Lessee shall be obligated to pay the same immediately upon receipt of Lessor's written invoice therefor; provided, that this provision shall not be applicable to the extent that the application thereof would affect the validity of this Agreement.
Section 4. ACQUISITION, DELIVERY AND ACCEPTANCE.
4.1 Lessee shall advise Lessor of its desire to lease Equipment, the Equipment cost, the Energy Performance Provider, the Manufacturer, the expected delivery date and the desired lease terms for such Equipment. By execution hereof, Lessor has made no commitment to lease any Equipment to Lessee. Nothing herein shall obligate Lessor to lease any Equipment to Lessee until Lessor has executed a Schedule relating thereto. If Lessor, in its sole discretion, determines that the proposed Equipment may be subject to a Lease hereunder, Lessor shall furnish to Lessee a proposed Schedule relating to the Equipment completed insofar as possible. Lessee shall order the Equipment from the appropriate Manufacturer or Manufacturers or have the Equipment ordered through the Energy Performance Provider; however, in no event, shall Lessee enter into any contract or issue a purchase order which references Lessor.
Lessor shall have no obligation to make any payment, or reimburse Lessee for any payment, made to the Energy Performance Provider or any Manufacturer for any Equipment (or if applicable, consent to a disbursement by an escrow agent) until five (5) business days after Lessor has received all of the following in form and substance satisfactory to Lessor: (a) a Schedule executed by Lessor and Lessee; (b) an Acceptance Certificate (however, if Lessor and Lessee agree to utilize an Escrow Agreement as provided for herein, an Acceptance Certificate is not required until portions of the Equipment which are operationally complete or functionally independent are delivered and accepted, or all of the Equipment is delivered and accepted); (c) a resolution, ordinance or other official action has been taken by or on behalf of Lessee to authorize the acquisition of the Equipment on the terms provided in the Schedule and evidence thereof has been provided to Lessor; (d) evidence of insurance with respect to the Equipment in compliance with the terms of this Agreement; (e) Energy Performance Provider and/or Manufacturer invoices and/or bills of sale relating to the Equipment and if such invoices have been paid by Lessee, evidence of payment thereof and, if applicable, evidence of official intent to reimburse such payment as required by the Regulations promulgated under the Code; (f) as applicable, financing statements showing Lessee as debtor and/or the original certificate of title or Manufacturer's certificate of origin and title application, if any, of the Equipment that is subject to certificate of title laws showing Lessor as sole Iienholder; (g) a completed and executed Form 8038-G or -GC or evidence of filing thereof with the United States Secretary of Treasury; (h) an Opinion of Counsel; (i) the Energy Performance Contract; U) the Performance and Payment Bond(s) and Dual Obligee Rider(s) satisfactory to Lessor; (k) evidence of projected energy savings and assumptions (if separate from the Energy Performance Contract); (1) services contract for measurement and verification services to be provided in conjunction with the Energy Performance Contract (if separate from the Energy Performance Contract); and (m) any other documents or items required by Lessor.
4.2 Notwithstanding the foregoing provisions regarding the acquisition of the Equipment, if, upon agreement by Lessor and Lessee as to any Equipment to be acquired and leased by Lessee under this Agreement, Lessor and Lessee enter into an Escrow Agreement, then (a) Lessor and Lessee shall immediately complete and execute a Schedule relating to the Equipment; (b) the amount deposited by Lessor into the Escrow Account shall be repaid by the Lease Payments due under the related Lease; and (c) the Lease Payments relating to the Equipment shall have an aggregate principal component equal to the amount of Lessor's deposit into the Escrow Account and shall be due and payable as provided in the related Schedule commencing upon the deposit of funds by Lessor into the Escrow Account. Lessee acknowledges and agrees that no disbursements shall be made from an Escrow Account except for portions of the Equipment which are operationally complete and functionally independent and which may be utilized by Lessee without regard to whether the balance of the Equipment is delivered and accepted. 3 4.3 Following Lessor's receipt of the foregoing documents, Lessee will cause the Equipment to be delivered to Lessee at the Equipment Location. Lessee will pay all transportation and other costs, if any, incurred in connection with the delivery and acceptance of the Equipment. After delivery of the Equipment, and subject to the Equipment being operational after reasonable inspection and testing of the Equipment by Lessee, Lessee will accept the Equipment by executing and delivering to Lessor an Acceptance Certificate. Lessor hereby leases to Lessee all Equipment made subject to a Schedule and Acceptance Certificate, and Lessee hereby leases from Lessor such Equipment, upon the terms set forth in this Agreement and in the related Schedule and an Acceptance Certificate. During the Lease Term, Lessor covenants to provide Lessee with quiet use and enjoyment of the Equipment, and Lessee shall peaceably and quietly have, hold and enjoy the Equipment, without suit, trouble or hindrance from Lessor, except as expressly set forth in this Agreement.
Section 5. NON-RENEWAL AND NON-APPROPRIATION OF FUNDS.
5.1 For each Lease, Lessee represents and warrants that the necessary funds have been appropriated to make the Lease Payments, and meet its other obligations, with regards to the Equipment for the duration of Lessee's Initial Fiscal Period, and that such funds have not been expended for other purposes, and that all funds appropriated for such Lease will be used for no other purpose than to pay Lease Payments and other amounts due thereunder. With regards to appropriation for Lease Payments after the Initial Fiscal Period, parties hereto acknowledge that such appropriation is a governmental function which Lessee cannot contractually commit itself in advance to perform, and this Agreement does not constitute such a commitment.
5.2 If Lessee fails to renew the Lease Term of a Lease as provided in Subsection 2.1 above, then a "Non-Renewal Event" shall be deemed to have occurred. If sufficient funds are not appropriated, budgeted, or otherwise available by any means whatsoever in any Fiscal Year subsequent to the Initial Fiscal Period for Lease Payments due under a Lease, then a "NonAppropriation Event" shall be deemed to have occurred. If a Non-Appropriation Event occurs or if a Non-Renewal Event occurs, then all affected Leases, and Lessee's interest in all Equipment subject to the affected Leases, shall terminate, in whole, but not in part, on the last day of the Lease Term for a Non-Renewal Event or the last day of the Fiscal Year for which appropriations were received for a Non-Appropriation Event, as the case may be (the "Return Date"). Lessee may effect such termination by providing a written notice of termination to Lessor or the affected assignee, and by paying any Lease Payments and other amounts which are due and payable hereunder and which have not been paid at or before the end of the Fiscal Year. Lessee shall endeavor to give notice of such termination not less than sixty (60) days prior to the end of the Fiscal Year for which appropriations were made, and shall notify Lessor or the affected assignee of any anticipated termination. Failure to provide said written notice of termination shall not constitute an Event of Default hereunder. Unless Lessor makes other arrangements with Lessee in writing pursuant to Subsection 5.3 hereof, within ten ( l 0) days of the Return Date, Lessee shall return to Lessor all, but not less than all, of the Equipment covered by the affected Lease, at Lessee's sole expense, in accordance with Subsection 5.3 hereof and the affected Lease shall terminate on the Return Date without penalty to Lessee.
5.3 In the event of a termination of a Lease following a Non-Appropriation Event or a Non-Renewal Event, or any other termination of a Lease prior to the payment of all Lease Payments or the applicable Concluding Payment, on the Return Date (a) Lessor may enter upon Lessee's premises where the Equipment is kept and disable the Equipment to prevent its further use by Lessee and (b) Lessee shall promptly, but in any event within ten (10) days after such termination, at its own cost and expense: (i) perform any testing and repairs required to place the Equipment in the condition required by Section 11 hereof; (ii) if deinstallation, disassembly or crating is required, cause such tasks to be performed by the Energy Performance Provider or an authorized Manufacturer's representative or such other service person as is satisfactory to Lessor; and (iii) peaceably surrender possession of all of the Equipment and execute all documents required to transfer Lessee's interest in all of the Equipment to Lessor or its assignee without any Liens (other than Liens in favor of Lessor) on the date of such termination, packed for shipment in accordance with Manufacturer specifications and freight prepaid and insured to any location in the continental United States designated by Lessor at the expense of Lessee. If Lessee fails to deliver all of the Equipment in the manner designated by this Subsection 5.3, then Lessor will have all legal and equitable rights and remedies to take possession of the Equipment, and charge to Lessee the costs of such repossession. With regard to a termination following a Non-Appropriation Event or a Non-Renewal Event, if Lessee has not complied with such instructions, the termination shall nevertheless be effective, but Lessee shall be responsible for the Lease Payments and other amounts payable under the affected Lease for which funds have been appropriated that would thereafter come due if the Lease had not been terminated and which are attributable to the number of days after which Lessee fails to comply with Lessor's or the related assign's instructions and for any other loss suffered by Lessor or the related assignee as a result of Lessee's failure to act as required; accordingly, Lessee agrees that the failure to promptly return the Equipment after a Non-Renewal Event or after NonAppropriation as provided for in Section 5 hereof would be inequitable to Lessor, and as a result, Lessee agrees to pay month-tomonth rent at the rate set forth in the affected Lease for each month or part thereof that Lessee fails to return the Equipment under Subsections 5.2 and 5.3, provided that any and all such amounts are subject to appropriation by Lessee. To the extent that there is a 4 Non-Renewal Event and/or a Non-Appropriation and all Equipment under the affected Lease is not returned by Lessee to Lessor by the Return Date, then this Section 5.3 shall survive tennination of a Lease as this Subsection is applicable to such Lease.
Section 6. LIMITATION ON WARRANTIES. Lessee acknowledges and agrees that the Equipment is of a size, design and capacity selected by Lessee, that Lessor is neither a Manufacturer nor a vendor of such Equipment, that Lessor is not responsible for the selection, ordering or suitability of the Equipment, the acceptance of the order submitted, or any delay or failure to manufacture, deliver, or install the Equipment by the Manufacturer, including its sales representative, that Lessee is solely responsible for the selection, use, maintenance, operation and storage of the Equipment, and that LESSEE SELECTED THE EQUIPMENT WITHOUT
ASSISTANCE OF LESSOR, ITS AGENTS OR EMPLOYEES, AND LESSOR HAS NOT MADE, AND DOES NOT HEREBY
MAKE, ANY REPRESENTATION, WARRANTY OR COVENANT, EXPRESS OR IMPLIED WITH RESPECT TO THE
MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, VALUE, DESIGN, OPERATION, FITNESS FOR USE, OR
SUIT ABILITY OF THE EQUIPMENT IN ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE
PURPOSES AND USES OF LESSEE, OR ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND
OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT THERETO AND LESSOR SHALL NOT BE OBLIGATED OR
LIABLE FOR ACTUAL, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES TO LESSEE OR
ANY OTHER PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE EQUIPMENT AND THE MAINTENANCE THEREOF. During the Lease Tenn, so long as no Event of Default has occurred hereunder and is continuing, Lessor has no obligation to enforce, and hereby assigns to Lessee, and irrevocably appoints Lessee its agent and attorney-in-fact to assert against the Energy Performance Provider and/or Manufacturer whatever claims and rights arising out of, its interest, if any, in all of the Energy Perfonnance Provider's and/or Manufacturer's warranties, guarantees, and patent indemnity protections, express or implied, issued on or applicable to the Equipment, and Lessor authorizes Lessee to obtain the customary services furnished in connection with such warranties at Lessee's expense. Lessee's sole remedy for the breach of such warranties shall be against the Energy Performance Provider and/or Manufacturer (or, to the extent applicable, other party responsible for assembling, contacting, or transporting the Equipment, whether directly or indirectly), and not against Lessor, nor shall such matter have any effect whatsoever on the rights and obligations of Lessor with respect to this Agreement, including the right to receive full and timely payments hereunder.
Section 7. FEDERAL TAX REPRESENTATIONS AND COVENANTS. At the time of Lessee's execution and delivery of a Schedule and related Lease documents, Lessee represents, covenants, and warrants to Lessor (all such representations and warranties being continuing in nature and surviving the termination of any Lease) that: (a) Lessee will do or cause to be done all things necessary to preserve and keep this Agreement and each Lease in full force and effect; (b) Lessee is a state or political subdivision as such terms are used in Section 103 of the Code; (c) Lessee will ensure, by pursuing all legal affirmative actions or by refraining from acting, and causing its officers, employees, and agents to take all legal affirmative actions to ensure, that the interest portion of the Lease Payments is not included in the gross income of the recipient for federal income tax purposes and Lessee will take such other actions as may be necessary so that this Agreement and each Lease will not constitute obligations so that the interest on which is subject to federal income taxation as "arbitrage bonds" under Sections 103(b)(2) and 148 of the Code and the Regulations; (d) no portion of the principal or interest payment of any Lease is directly or indirectly (i) secured by any interest in property used or to be used for a private business purpose or by payments in respect of such property, or (ii) derived or to be derived from payments (whether or not to Lessee) in respect of property or borrowed money used or to be used for a private business purpose; (e) Lessee will execute all informational filings required under the Code so as to preserve the tax-exempt qualification of Lessee's obligations to Lessor and its assigns under the Lease, and in the event that Lessee's failure or refusal to execute the required information filings results in or would result in the inability to exclude from gross income for federal tax purposes the interest paid on Lessee's obligations under the Lease to Lessor or its assigns, then Lessor may demand that Lessee cure the loss by a subsequent filing and Lessee shall pay to Lessor an amount equal to the loss occasioned by Lessor's inability to exclude the interest payable under this Agreement and any Leases hereunder from gross income for Federal income tax purposes; (f) Lessor's yield with respect to each Lease is dependent upon the full amount of each interest component of each Lease Payment being excluded from Lessor's income pursuant to the Code, and accordingly, if at any time, as a result of a determination that Lessee has breached a representation or covenant contained herein or a component of any Lease Payment is, in the opinion of counsel for Lessor, subject to or affected by any income, preference, excess profits, minimum or other federal tax, Lessee shall pay, as additional interest, an amount which is necessary to provide to Lessor the same net income as Lessor would have received but for such event, which amount shall be calculated by Lessor and be binding upon Lessee in the absence of manifest error; (g) to the best of Lessee's knowledge, information and belief: (i) the Equipment has been ordered or is expected to be ordered and is expected to be delivered, and the Energy Performance Provider and/or Manufacturer, as applicable, has been fully paid on the Lease Commencement Date, and the estimated total cost of the Equipment will not be less than the total principal amount of the Lease Payments, (ii) Lessee has not created or established, and does not expect to create or establish, any sinking fund, reserve fund or other similar fund that is reasonably expected to be used to pay the Lease Payments or that may be used solely to prevent a default in the payment of the Lease Payments, and (iii) the Equipment has not been and is not expected to be sold or otherwise disposed of by Lessee, either in whole or in part, prior to the last maturity of the Lease Payments; and (h) Lessee 5 will have the sole use and possession of the Equipment, which Lessee shall use only for the purpose of performing essential governmental uses and public functions consistent with the pennissible scope of Lessee's authority, and further, the Equipment shall not be used in any trade or business carried on by any person other than a governmental unit.
Section 8. TITLE. Upon acceptance of the Equipment by Lessee under a Lease and for the Lease Term, title to the Equipment will vest in Lessee, subject to the rights of the Lessor under this Agreement, and Lessee shall take all actions necessary to vest such title and ownership in Lessee. For federal income tax purposes, and State ad valorem tax purposes and any other purpose for which Taxes are levied (other than those based on the net income of Lessor), and for purposes of the Uniform Commercial Code, Lessor and Lessee shall treat any Lease as a conditional sales agreement, and accordingly, full unencumbered title and ownership (including legal and equitable title, as well as beneficial enjoyment, possession, and use) to the Equipment shall pass to Lessee without Lessor having any further or continuing rights in such Equipment without any further act or notice on its part, upon the payment in full of all Lease Payments and other payments required under such Lease for the Lease Term by the Lessee, as they shall have come due in accordance with the applicable Schedule, so long as there shall be no Event of Default in existence at such time; and further, upon payment in full of all such Lease Payments and other amounts due and payable under a Lease, Lessee shall be deemed to have exercised its option to purchase the Equipment including all additions, modifications, repairs, replacements, and substitutions to such Equipment. If, however, prior to the payment of all such Lease Payments and other amounts due and payable under the Lease, if either (a) or (b) below shall occur, then full unencumbered title and ownership (including legal and equitable title, as well as beneficial enjoyment, possession, and use) to the Equipment shall immediately, permanently, and unconditionally, without any action by Lessee, reside, rest, settle, vest with, and to the extent applicable, pass or transfer to Lessor, and Lessee will immediately surrender possession of the Equipment to Lessor (subject to any express rights or grace periods set forth in this Agreement), upon any of the following events: (a) in the event of termination of a Lease by Lessee pursuant to Section 5 hereof; or (b) upon the occurrence of an Event of Default hereunder, and as long as such Event of Default is continuing. It is the intent of the parties hereto that any such residing, resting, settling, vesting, passing, or transferring of title and ownership to Lessor or its assignees pursuant to this Section will occur automatically without the necessity of any bill of sale, certificate of title, or other instrument of conveyance. Lessee will, nevertheless, execute and deliver any such documents and instruments as Lessor may request to evidence such residing, resting, settling, vesting, passing, or transferring of full and unencumbered title and ownership (including legal and equitable title, as well as beneficial enjoyment, possession, and use) to Lessor or its assignees and termination of Lessee's interest in the Equipment, and Lessee shall have no further interest in such Equipment.
For liability, insurance, and to the extent title to the Equipment must be registered such as in connection with vehicles, Lessee owns the Equipment and Lessor does not own the Equipment, and by this Agreement, each Lease is intended to finance the acquisition of the Equipment for Lessee. Lessee represents, warrants, and covenants that Lessor does not operate, control, or have possession of the Equipment and has no control over Lessee or Lessee's operation, use, storage, or maintenance of the Equipment.
In the event of the occurrence of one or more of the events described in (a), (b), or (c) of the preceding paragraph of this Section and for the limited purpose of providing for the residing, resting, settling, vesting, passing, or transferring of full unencumbered title and ownership (including legal and equitable title, as well as beneficial enjoyment, possession, and use) of the Equipment to Lessor, Lessee irrevocably designates, makes, constitutes, and appoints Lessor and its assignees as Lessee's true and lawful attorney (and agent) in fact with power, at such time of termination or times thereafter as Lessor in its sole and absolute discretion may determine, in Lessee's or Lessor's or such assignee's name, to endorse the name of Lessee upon any bill of sale, document, instrument, invoice, freight bill, bill of lading or similar document relating to the Equipment.
Section 9. SECURITY INTEREST. In order to secure all of Lessee's obligations hereunder and all of the Leases, and to the extent permitted by law, Lessee hereby (a) grants to Lessor a continuing, first priority security interest in all of the Equipment and in all additions, attachments, accessions, and substitutions thereto, and in any proceeds therefrom, (b) agrees that a carbon, photographic or other reproduction of this Agreement and each Lease may be filed as a financing statement evidencing such security interest, and (c) agrees to execute and, to the extent applicable, deliver all financing statements, certificates of title, and other instruments necessary or appropriate to evidence such security interest. Lessee shall deliver or cause to be delivered to Lessor the original certificates of title relating to all vehicular Equipment. If requested by Lessor, Lessee shall conspicuously mark the Equipment with appropriate lettering, labels or tags, and maintain such markings during the Lease Term, so as clearly to disclose Lessor's security interest in the Equipment. Upon termination of a Lease with respect to each Equipment through exercise of Lessee's option pursuant to Subsection 17 .1 or through payment by Lessee of all Lease Payments and other amounts relating thereto, Lessor's security interests in such Equipment shall terminate, and Lessor shall execute and deliver to Lessee such documents as Lessee may reasonably request to evidence the termination of Lessor's security interest in such Equipment. Lessee hereby designates Lessor and its assigns as its agents and attorneys-in-fact for the purpose of filing financing statements and amendments thereto, and executing title applications and certificates of title and related documents to perfect the security interest granted by Lessee hereunder. Lessee shall not encumber or otherwise permit a Lien to be placed on or against the Equipment, except as otherwise provided under this Section. To the extent that State law does not permit Lessee to grant a security interest in the Equipment, Lessee acknowledges its obligation to deliver the 6 Equipment and/or its obligation to make the Equipment available to Lessor (or its assignees) in accordance with the Section 5 hereof, and hereby covenants that in providing for the return of Equipment pursuant to Section 5 hereto, there shall not be any Liens or other encumbrances attached to such Equipment, as provided for in Section 14 hereof.
Section 10. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee's cost and expense, furnish a landlord or mortgagee waiver with respect to the Equipment from any partY having (or claiming to have) an interest in any such real estate or building.
Section 11. USE AND REPAIRS. Lessee shall exercise due care in the installation, use, operation and maintenance of the Equipment, and shall not install, use, operate or maintain the Equipment improperly, carelessly or for a purpose or in a manner contrary to that contemplated by this Agreement, the Energy Performance Contract, or the Manufacturer. Lessee shall comply with all laws, ordinances, insurance policies and regulations relating to, any applicable prevailing industry standards and Manufacturer's specifications for, and will pay all cost, claims, damages, fees and charges arising out of, its possession, use or maintenance of the Equipment. Lessee shall obtain all permits and licenses necessary for the installation, operation, possession, and use of the Equipment. At Lessee's cost and expense, Lessee shall maintain the Equipment in good repair and working order, and shall promptly provide all parts, upgrades, modifications, environments and software required or recommended now and hereafter by the Manufacturer. Lessor shall have no responsibility to, and Lessee will, at its expense and expeditiously, keep the Equipment in good repair, and in a condition suitable for certification by the Manufacturer thereof (if certification is available), and furnish all parts, mechanisms and devices required therefor, which must be free and clear of all Liens (other than Liens in favor of Lessor) and of a value and utility at least equal to the parts being replaced (assuming that such replaced parts and accessories were otherwise in good working order and repair), and which shall be deemed to be incorporated immediately into and to constitute an integral portion of the Equipment and, as such, shall be subject to the terms of this Agreement. If the Equipment is such as is customarily covered by a maintenance agreement, Lessee will furnish Lessor with a maintenance agreement with a party satisfactory to Lessor. Lessee shall not use any item of Equipment to haul, convey, store, treat, transport or dispose of any "hazardous substances" or "hazardous waste" as such terms are defined in any the Environmental Laws. Lessee agrees that if Lessee is required to deliver any item of Equipment to Lessor or its agent, the Equipment shall be delivered free of any substances which are regulated by or form a basis for liability under any Environmental Law. Lessee shall comply with all licenses and copyright requirements of any software used in connection with the Equipment.
Section 12. AL TERA TIONS. Without the prior written consent of Lessor, Lessee shall not make any other modifications, additions or improvements to the Equipment unless such modifications are Permitted Modifications or are required by applicable law, the Energy Performance Contract, or Manufacturer requirements. Lessee also grants Lessor a right of first refusal as to the lease of any Permitted Modifications. If requested by Lessor, Lessee shall remove all Permitted Modifications upon return of the Equipment without damage to the Equipment and so as to cause the Equipment to comply with all applicable laws and with all Manufacturer requirements then in effect. All Permitted Modifications and any other accessories attached to the Equipment not so removed upon return of the Equipment shall be deemed the sole property of Lessor.
Section 13. LOCATION AND INSPECTION. The Equipment will not be removed from, or if the Equipment consists of rolling stock, its permanent base will not be changed from the Equipment Location without Lessor's prior written consent, which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere at all reasonable times to inspect the Equipment or observe its use and operation, and Lessor and its agents shall have such rights of access to the Equipment as may be reasonably necessary to cause the proper maintenance of the Equipment in the event of failure by Lessee to perform its obligations hereunder. Notwithstanding its designation as Lessor, during the applicable Lease Term, equitable title to the Equipment is vested with Lessee along with beneficial enjoyment, possession, and use of the Equipment, all subject to Lessor's rights set forth in this Agreement (including, without limitation, Section 5 hereof), and Lessor is merely financing the acquisition thereof for Lessee. Lessor does not operate, control or have possession of the Equipment and has no control over Lessee or Lessee's operation, use, storage or maintenance of the Equipment.
Section 14. LIENS AND TAXES. At its expense, Lessee shall keep the Equipment free and clear of all Liens except those created under this Agreement. Lessee shall reimburse Lessor for any expenses incurred by Lessor to discharge or remove any Lien. The parties hereto contemplate that the Equipment, the Leases and the Lease Payments will be exempt from all Taxes presently assessed and levied with respect thereto. In the event that any Equipment, or its ownership, leasing, rental, sale, purchase, possession or use, or any Lease, or any Lease Payments or any other payments due under any Lease is found to be subject to taxation in any form, Lessee shall pay when due, all such Taxes which may now or hereafter be imposed or assessed, provided that with respect to special assessments or governmental charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay 7 only such installments as are required to be paid during the Lease Term as and when the same become due. Notwithstanding this obligation, Lessee shall not be required to pay Taxes on or measured by the income of Lessor, its successors or assigns, unless such Tax is made in lieu of or as a substitute for any Tax which is an obligation of Lessee under this Section 14. If Lessee fails to pay any such Taxes when due, Lessor shall have the right, but shall not be obligated, to pay said Taxes, and should Lessor choose to exercise this right, Lessee shall reimburse Lessor in the amount of such Taxes paid by Lessor, plus interest at the Default Interest Rate.
Section 15. RISK OF LOSS.
15. I Lessee hereby assumes the entire risk of loss and damage to the Equipment from every cause whatsoever (notwithstanding the existence of any insurance on the Equipment in favor of Lessor) and no loss of or damage to any Equipment shall relieve Lessee from the obligation to make any Lease Payments or to perform any other obligation under any Lease. If any unit of Equipment is damaged, Lessee shall place such Equipment in good repair and working order to the satisfaction of Lessor. If Lessor, in its sole discretion, determines that an Event of Loss has occurred, then Lessee shall (at Lessor's option): (a) at Lessee's expense, replace the same with equipment in good repair, having substantially similar specifications, and of equal or greater value to the Equipment immediately prior to the Event of Loss, such replacement Equipment to be subject to Lessor's approval, whereupon the replacement Equipment shall be substituted in the applicable Lease and the other related documents by appropriate endorsement or amendment; or (b) on the next Lease Payment date, pay Lessor: (i) all amounts then owed by Lessee to Lessor under such Lease, including the Lease Payment due on such date; and (ii) an amount equal to the applicable Concluding Payment set forth in the related Schedule. In the event Lessee is obligated to make such payment with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and Concluding Payment to be made by Lessee with respect to the Equipment which has suffered the Event of Loss. If, prior to the termination of the Lease Term, permanent or temporary use of any part of the Equipment shall be taken under the exercise of the power of eminent domain, Lessee shall cause the net proceeds of any condemnation award to be applied (at Lessor's option) toward: (A) the replacement, restoration or repair of such Equipment; or (B) satisfaction of Lessee's obligations under clause (b) of the immediately preceding sentence. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, or replacement of such Equipment, then Lessee shall complete the work and pay any costs in excess of the amount of the Net Proceeds, and Lessee shall not be entitled to any reimbursements from Lessor nor any diminution of the Lease Payments.
15.2 To the fullest extent not prohibited by State law, as between Lessor and Lessee, Lessee shall bear the risk of loss for, shall pay directly, and shall defend against any and all claims, liabilities, proceedings, actions, expenses (including reasonable attorney's fees), damages or losses arising under or related to any Equipment, including, but not limited to, the possession, ownership, lease, use, or operation thereof. These obligations of Lessee shall survive any expiration or termination of any Lease. Lessee's obligations under this Subsection 15.2 shall survive the expiration, cancellation, or termination of any Lease. Lessee shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses (including attorney's fees), damages or losses which arise directly from events occurring after any Equipment has been returned by Lessee to Lessor in accordance with the terms of the applicable Lease or which arise directly from the gross negligence or willful misconduct of Lessor.
Section 16. INSURANCE.
16.1 Lessee shall maintain at all times on the Equipment, at Lessee's expense, property damage and physical damage insurance on the Equipment in such amounts, against such risk and by such insurers as shall be satisfactory to Lessor, or with Lessor's prior written consent, may be self-insured against any or all such risks. Property or physical damage insurance shall be "comprehensive" or "all risk" coverage. In no event will the insurance limits be less than the greater of the Concluding Payment of the Lease or the Fair Market Value of the Equipment at all times, and valuation of loss must be on a replacement cost basis. Proceeds of any such property damage and physical damage insurance relating to damage to or loss of any Equipment shall be payable to Lessor as loss payee and additional insured.
16.2 Lessee shall maintain at all times, at Lessee's expense, public liability insurance coverage, providing coverage for Lessor as an additional insured, and third party property damage insurance coverage, providing coverage for Lessor as a loss payee, and such other insurance coverage as Lessor shall require protecting Lessee and Lessor from liabilities for injuries to persons and damage to property of others relating in any way to any Equipment in such amounts, against such risk and by such insurers as shall be satisfactory to Lessor. Proceeds of any such public liability or property insurance shall be payable first to claims made against Lessor as an additional insured or loss payee, as the case may be, to the extent of its liability, and then to claims made against Lessee. If required by State law, Lessee shall carry worker's compensation insurance covering all employees on, in, near or about the Equipment, or demonstrate to the satisfaction of Lessor that adequate self-insurance is provided. 8 16.3 Each insurance policy: (a) shall name Lessee as a named insured and Lessor or its assignee as an "additional insured" (with respect to liability coverage) and "loss payee" (with respect to property or casualty coverage) without regard to any breach of warranty or other act or omission of Lessee, (b) with respect to insurance required by Subsection 16.1 above, shall include a lender's loss payable endorsement for the benefit of Lessor, (c) shall contain a clause requiring the insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or the cancellation thereof, and (d) shall not be subject to any co-insurance clause. In addition, any such insurance shall not have a deductible amount in excess of $5,000.00 or other policy limitation unsatisfactory to Lessor without Lessor's express written consent, and the insurance shall be primary without a right of contribution from insurance which may be maintained by Lessor. An insurance company qualified to do business in the State with no less than a B+ Key Rating from A.M. Best shall provide such insurance. The proceeds of any such policies will be payable to Lessee and Lessor or its assignee as their interests may appear. Prior to delivery of the Equipment and each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance, or the renewal or replacement thereof. In the event that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a letter or certificate to evidence such effort. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto. Lessee hereby irrevocably appoints Lessor as Lessee's attorney in fact to make claim for, receive payment of and execute and endorse all documents, checks or drafts received in payment for loss or damage under any such insurance policy, and to determine the application of any insurance proceeds. Within five (5) days of any damage to, or loss of, the Equipment, or any personal injury caused by the Equipment, Lessee shall give written notice to Lessor, Lessee shall make available to Lessor all information and documentation relating thereto, and Lessee shall have the duty to make all proofs of loss and take all other steps necessary to collect any amount under the above mentioned policies. In the event that Lessee fails to procure insurance as required herein, Lessor may obtain insurance at its own expense, with such amount to be reimbursed by Lessee. If Lessee fails to pay any amount when due, such amount shall accrue interest until paid at the Default Interest Rate. If the Equipment is to be subleased or used by others (subject to Lessor's prior written approval), a special insurance endorsement may be required to permit such use.
Section 17. PREPAYMENT.
17.l Lessee may not voluntarily prepay all or any portion of the entire principal portion and accrued interest relating to any Schedule unless: (a) Lessor has received at least ninety (90) days prior written notice of a specific prepayment date ("Prepayment Date"); (b) the prepayment is made only on a date where a Lease Payment is regularly scheduled and due on the Schedule; (c) Lessee is prepaying in whole (and not a portion of) the remaining principal balance of the Schedule plus all accrued and unpaid interest to such Prepayment Date and all other amounts then due and payable under the affected Lease; ( d) no Event of Default then currently exists under this Agreement, any Schedule or other related lease documents; and (e) Lessee is paying to Lessor along with such prepayment a prepayment premium equal to a percentage of the remaining principal balance of the Schedule ("Prepayment Premium") reflected on the Lease Schedule.
17.2 The Prepayment Premium is assessed as a liquidated damage fee and as compensation for breakage costs, the costs of making funds available to Lessee, internal costs and losses and the like and not as a penalty. Any Prepayment Premiums assessed hereunder shall be included in the obligations or indebtedness, as applicable, under the other related Lease documents. Lessee acknowledges and agrees that any involuntary prepayment under this Agreement, whether due to acceleration or otherwise, shall be subject to the applicable Prepayment Premium assessed hereunder. 17 .3 Upon the payment in whole of the principal amount of, and all accrued interest due under, a Lease by Lessee, plus the satisfaction by Lessee of all of the prepayment conditions listed herein, the Lease with respect to the such Equipment shall terminate, and Lessee shall be entitled to such Equipment, "AS-IS," "WHERE~IS," WITHOUT WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE, except that such Equipment shall not be subject to any Lien created by or arising through Lessor.
17.4 In the event that Lessor exercises its right pursuant to Section 20(a) this Agreement to declare the amount stated therein to be immediately due and payable, then, in addition to all of the other rights and remedies available to Lessor under this Agreement, Lessee shall be immediately obligated to pay to Lessor the Prepayment Premium with respect to the entire unpaid principal balance of such Lease. For purposes of computing the Prepayment Premium which is due following such a declaration, the "Prepayment Date" shall be the date of such declaration or another date selected by Lessor, in its discretion, which is after the date of such declaration.
17 .5 In the event of any involuntary prepayment, other than an involuntary prepayment governed by Subsection 17 .4 above, Lessee shall be obligated to pay to Lessor, simultaneously with such involuntary prepayment, (a) the interest on the amount so 9 prepaid accrued through and including the Prepayment Date and (b) a Prepayment Premium in the amount determined pursuant to this Agreement. For purposes of computing the Prepayment Premium with respect to prepayments made pursuant to this Subsection 17.5, the Prepayment Date shall be the date on which such involuntary prepayment is actually received by Lessor. Unless Lessor otherwise agrees in writing, partial prepayments of principal under this Subsection 17.5 shall be credited to the principal portion of Lease Payments in the inverse order of maturity and shall not postpone the due dates of the Lease Payments under any Lease.
Section 18. ASSIGNMENT.
18.1 Without Lessor's prior written consent, Lessee will not either ( a) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Agreement, any Lease hereunder, the Equipment or any interest herein or therein, or (b) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessee's interest herein or any Lease may not be assigned or transferred by operation of law.
18.2 Lessor may assign, without the consent of Lessee, any or all of Lessor's rights, title or interest in and to this Agreement or any Lease hereunder, the Equipment and any other documents executed with respect thereto and/or grant or assign a security interest in this Agreement, any Lease hereunder, and the Equipment, in whole or in part, and in the case where there are multiple Leases hereunder, Lessor may assign its rights thereunder to different assigns. Any such assigns (each an "Assignee") shall have all of the rights of Lessor under each Lease it owns. By accepting an assignment of a Lease, each Assignee of a Lease shall be bound by the following provisions: (a) the secured obligations described in Section 9 hereof shall include and apply only to the obligations of Lessee under the Assigned Leases (as defined below) and shall exclude the obligations of Lessee under any NonAssigned Leases (as defined below); (b) said Assignee shall have no Lien on, nor any claim to, nor any interest of any kind in, any Non-Assigned Lease or any Equipment covered by any Non-Assigned Lease; and (c) said Assignee shall exercise its rights, benefits and remedies as the assignee of Lessor (including, without limitation, the remedies under Section 19 of this Agreement) solely with respect to the Assigned Leases. "Assigned Leases" means only those Leases which have been assigned to a single Assignee pursuant to a written agreement; and "Non-Assigned Leases" means all Leases excluding the Assigned Leases. No such assignment (except an assignment to an affiliate of Lessor or to an entity whose common stock is directly or indirectly one hundred percent (100%) owned by Lessor's parent or indirect parent (each an "Affiliate") so long as Lessor continues to bill and collect Lease Payments) shall be effective unless and until Lessee shall have received a written notice disclosing the name and address of each such Assignee; provided, however, that if such assignment is made to a bank or trust company as paying or escrow agent for holders of certificates of participation in this Agreement or any Lease hereunder, it shall thereafter be sufficient that a copy of the agency agreement shall have been deposited with Lessee until Lessee shall have been advised that such agency agreement is no longer in effect; and provided, further, to the extent that State law requires the written approval and/or authorization of Lessee in order to effectuate the issuance, sale, assignment, or transfer of fractionalized interests in a Lease (whether in whole or in part), then such written approval and/or authorization shall be obtained in accordance with State law. After the giving of notice of any such assignment to Lessee, Lessee shall thereafter make all payments in accordance with the notice to the Assignee named therein. No further action will be required by Lessor or by Lessee to evidence the assignment; however, Lessee shall, if so requested, acknowledge any such assignment in writing, but such acknowledgement shall in no way be deemed necessary to make the assignment effective. DURING THE LEASE TERM
OF EACH LEASE, LESSEE SHALL KEEP A COMPLETE AND ACCURATE RECORD OF ALL SUCH ASSIGNMENTS IN FORM NECESSARY TO COMPLY WITH SECTION 149(a) OF THE CODE, AND THE REGULATIONS, PROPOSED, EXISTING, OR FROM TIME TO TIME PROMULGATED THEREUNDER; however, in the event Lessor assigns its interest in a Lease to an Affiliate, Lessor shall maintain a record of such assignment for the benefit of Lessee. Subject to the foregoing, this Agreement and any Lease hereunder inure to the benefit of and are binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
18.3 Lessee hereby assigns to Lessor any and all right, title, and interest to all payments from the Energy Performance Provider (and any surety or guarantor) and/or from Performance and Payment Bond(s) and Dual Obligee Rider(s) under the Energy Performance Contract, whether or not such payments represent guaranteed energy savings.
Section 19. EVENT OF DEFAULT. The term "Event of Default" as used herein, means the occurrence of any one or more of the following events: (a) Lessee fails to make any Lease Payment or any other payment (other than by reason of Non-Appropriation Event or a Non-Renewal Event) required to be paid when due, and any such failure continues for ten (10) days after the due date thereof; (b) Lessee fails to insure the Equipment as required hereunder, or fails to perform or observe any other covenant, condition, or agreement to be performed or observed by it hereunder or an Escrow Agreement (if applicable) and such failure is not cured within ten (10) days after written notice thereof by Lessor; (c) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Agreement or in any writing ever delivered by Lessee pursuant hereto or in connection herewith is false, misleading, or erroneous in any material respect; (d) Lessee becomes insolvent, is unable to pay its debts as they become due, fails to promptly lift any execution, garnishment or attachment of such consequence as would impair the ability of Lessee to carry on its governmental 10 functions, makes an assignment for the benefit of creditors, applies or consents to the appointment of a receiver, trustee, conservator or liquidator of Lessee, or of all or a substantial portion of its assets, the entry by Lessee into an agreement of composition with creditors, the approval by a court of competent jurisdiction of any adjustment of indebtedness of Lessee, or the dissolution or liquidation of Lessee, or a petition for relief is filed by or against Lessee under federal bankruptcy, insolvency or similar laws and is not dismissed within thirty (30) days thereafter, (e) any provision of this Agreement will at any time for any reason cease to be valid and binding on Lessee, or will be declared to be null and void, or the validity or enforceability thereof will be contested by Lessee or any governmental agency or authority if the loss of such provision would materially adversely affect the rights or security of Lessor, or Lessee will deny that it has any further liability or obligation under this Agreement, (f) an order, judgment, or decree will be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator of Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval, or consent, and such order, judgment or decree will continue unstayed and in effect for any period of 30 consecutive days; or (g) an event of default under the Energy Performance Contract that is not cured within twenty (20) days thereafter.
Section 20. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its sole option, exercise any one or more of the following remedies: (a) with or without terminating any Lease, and upon written notice to Lessee, declare an amount equal to all amounts then currently due under any and all Leases owned by it and all remaining Lease Payments due under all or any of such Leases during the Fiscal Year in effect when the Event of Default occurs together with interest on such amounts at the Default Interest Rate from the date of Lessor's demand for such payment to be immediately due and payable, whereupon the same shall become immediately due and payable; (b) with or without terminating any Lease, and upon written notice to Lessee, request Lessee to (and Lessee agrees that it will), at Lessee's expense, promptly return the Equipment to Lessor in the manner set forth in Section 5 hereof, and/or enter upon the premises where the Equipment is located, disable the Equipment subject to all Leases owned by it to prevent further use thereof by Lessee, and take immediate possession of and remove the same; (c) sell, lease or otherwise dispose of any Equipment under all or any of the Leases, in whole or in part, in one or more public or private transactions, and if Lessor so disposes of any Equipment, then Lessor shall retain the entire proceeds of such disposition free of any claims of Lessee, provided, that if the Net Proceeds of the disposition of all the Equipment exceeds the applicable Concluding Payments of all the Schedules plus the amounts payable by Lessee under clauses (a) and (d) of this Section 20 plus any sales or transfer Taxes, then such excess amount shall be remitted by Lessor to Lessee; (d) demand payment of (and Lessee agrees that it shall pay) all out-of-pocket costs and expenses incurred by Lessor as a result (directly or indirectly) of the Event of Default and/or of Lessor's actions under this Section 20, including, without limitation, any attorney fees and expenses and any costs related to the repossession, safekeeping, storage, repair, reconditioning, or disposition of any Equipment; (e) exercise rights under the Performance and Payment Bond(s) and Dual Obligee Rider(s); and (f) exercise any other right, remedy or privilege which may be available to it under applicable laws of the State or any other applicable law or proceed by appropriate court action to enforce the terms of, recover damages for the breach of, or to rescind, a Lease as to any or all of the Equipment. Lessee hereby expressly waives any damages occasioned by Lessor's repossession of the Equipment, and Lessee will remain liable for covenants and indemnities under this Agreement and any Leases hereunder. No remedy conferred upon or reserved to Lessor by this Section is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof but any such right and power may be exercised from time to time and as often as may be deemed expedient by Lessor.
Section 21. REPRESENTATIONS, COVENANTS AND WARRANTIES. At the time of Lessee's execution and delivery of a Schedule and related Lease documents, Lessee represents, covenants and warrants as follows, for the benefit of Lessor (all such representations and warranties being continuing in nature and surviving the termination of any Lease): (a) Lessee is an instrumentality, duly organized and existing under the constitution and laws of the State; (b) Lessee has the requisite power and authority, including authority under the constitution and laws of the State, to purchase the Equipment, to execute and deliver this Agreement and each Lease, to enter into the transactions contemplated hereby and thereby, and to perform its obligations under this Agreement and each Lease; (c) this Agreement, each Lease and the other documents either attached thereto or required therein have been duly authorized, approved and executed by and on behalf of Lessee, such action approving this Agreement and each Lease and authorizing their execution has not been altered or rescinded, the legislative authorization approving the execution of this Agreement and each Lease continues to be in full force and effect at the time of authorization; (d) all requirements have been met and procedures have occurred to ensure the enforceability of this Agreement and each Lease against Lessee (including, without limitation, the execution of this Agreement and each Lease by authorized officials), and this Agreement and each Lease are valid and binding obligations of Lessee enforceable in accordance with their terms; (e) neither Lessee nor any person acting on its behalf has directly or indirectly offered, sold, solicited any offers to buy, or otherwise approached or negotiated with any person regarding the offer, sale or other disposition of any interest in the Equipment, or any indebtedness secured by the Equipment, so as to require registration in accordance with the provisions of Federal or state securities laws, and neither Lessee nor any person acting on its behalf will take any such action in the future; (f) there is no proceeding pending or threatened in any court or before an governmental authority or arbitration board or 11 tribunal that, if adversely detennined, would adversely affect the transactions contemplated by this Agreement or any Lease hereunder, the security interest of Lessor or its assigns, as the case may be, in the Equipment, or the exclusion of interest from gross income for federal tax purposes under the Code; (g) this Agreement and each Lease are in accordance with and do not violate the usury laws of the State; (h) no event or condition that constitutes, or with the giving of notice or the lapse of time would constitute, an Event of Default exists at this time; (i) all insurance required in accordance with this Agreement is currently maintained by Lessee; G) Lessee owns {or leases), and will continue to maintain, the real estate and facilities where the Equipment will be located free and clear of any Liens during the Lease Term; (k) projected energy savings under the Energy Performance Contract are expected to at least equal to the Lease Payments; and (I) this Agreement and each Lease, are based on facts and circumstances in existence as of the effective date of each.
Section 22. NOTICES. All notices, certificates, or other communications to be given under this Agreement shall be made in writing and mailed by certified mail, return receipt requested, and postage fully prepaid, to the other party at its address set forth herein or at such address as the party may provided in writing from time to time, and shall be sufficiently given and shall be deemed given when delivered in the manner designated herein.
Section 23. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended to define, limit or describe the scope or intent of any provisions of this Agreement.
Section 24. GOVERNING LAW. This Agreement and each Lease shall be construed in accordance with, and governed by the laws the State.
Section 25. DELIVERY OF RELATED DOCUMENTS. Lessor and Lessee will execute or provide, as requested by either party, such other documents and information as are reasonably necessary with respect to the transactions contemplated by this Agreement or any Lease. Lessee will furnish Lessor (a) annual financial statements of Lessee within thirty (30) days after such annual financial statements are released by Lessee, and (b) at the request of Lessor from time to time, such other financial information about Lessee as may be then publicly available.
Section 26. ENTIRE AGREEMENT, WAIVER AND COUNTERPARTS. This Agreement and other documents or instruments executed by Lessee and Lessor in connection herewith, constitute the entire agreement between the parties hereto with respect to the lease of the Equipment, supersede all prior and contemporaneous writings, understandings, agreements, solicitation documents and representations, express or implied, and shall be modified, amended, altered, or changed only by written documents duly authorized, executed and delivered by Lessor and Lessee. Any provision of this Agreement or any Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating any other provision hereof. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument, provided that only the original of this Agreement and each Schedule and Acceptance Certificate marked "Original - Chattel Paper" on the execution page thereof shall constitute chattel paper under the Uniform Commercial Code.
Section 27. USURY. It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, notwithstanding any provisions to the contrary, in no event shall this Agreement or any Lease hereunder require the payment or permit the collection of any amount in the nature of interest or fees in excess of the maximum amount permitted by applicable law. Any such excess shall first be applied to reduce the principal portion of the Lease Payments, and when no principal portion of the Lease Payments remains, refunded to Lessee. In determining whether the interest paid or payable exceeds the highest lawful rate, the total amount of interest shall be spread through the Lease Term so that the interest is uniform through such term.
Section 28. LESSEE'S PERFORMANCE. Time is of the essence, and Lessor's failure at any time to require strict performance by Lessee of any of Lessee's obligations shall not waive or diminish Lessor's rights thereafter to demand strict compliance by Lessee.
Section 29. THIRD PARTY BENEFICIARIES. Nothing herein shall be construed or interpreted to give any person other than Lessee and Lessor any legal or equitable right, remedy or claim under or in respect of this Agreement or any Lease, and Lessor and Lessee agree that neither the Energy Performance Provider nor Manufacturer is a third party beneficiary of this Agreement, and there are no third party beneficiaries of this Agreement.
Section 30. APPROPRIATION NECESSARY FOR PECUNIARY OBLIGATIONS. If and to the extent that any provision ofa Lease imposes any pecuniary obligation on Lessee, other than the obligation to pay Lease Payments due during the current fiscal year from money duly appropriated for that purpose and certified as available or in the process of collection by Lessee's fiscal officer, that 12 pecuniary obligation is subject to the appropriation of sufficient funds for that purpose by Lessee's governing body and the certification by Lessee's fiscal officer that those funds are available or in the process of collection.
Section 31. OFAC PATRIOT ACT NOTICE. Lessee shall (a) ensure that no person who owns a controlling interest in or otherwise controls Lessee is or shall be listed on the Specially Designated Nationals and Blocked Person List or other similar lists maintained by the Office of Foreign Assets Control ("OF AC"), the Department of the Treasury or included in any Executive Orders, that prohibits or limits Lessor from making any advance or extension of credit to Lessee or from otherwise conducting business with Lessee and (b) ensure that the proceeds resulting from any Lease shall not be used to violate any of the foreign asset control regulations of OF AC or any enabling statute or Executive Order relating thereto. Further, Lessee shall comply with all applicable Bank Secrecy Act ("BSA") laws and regulations, as amended. Lessor hereby notifies Lessee that pursuant to the requirements of the Patriot Act it, or its agent, is required to obtain, verify and record information that identifies Lessee, which information includes the name and address of Lessee and other information that will allow Lessor to identify Lessee in accordance with the Patriot Act. Lessee hereby agrees that it shall promptly provide such information upon request by the Lessor.
Section 32. NO ADVISORY OR FIDUCIARY RELATIONSHIP. In connection with all aspects of the transaction contemplated hereby (including in connection with any amendment, waiver, or other modification hereof), Lessee acknowledges and agrees, that:
(a) (i) the services regarding this Agreement provided by Lessor and any affiliate thereof are arm's-length commercial transactions between Lessee, on the one hand, and Lessor and its affiliates, on the other hand, (ii) Lessee has consulted its own legal, accounting, regulatory, and tax advisors to the extent it has deemed appropriate, and (iii) Lessee is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other related documents, including any Escrow Agreement; (b) (i) Lessor and its affiliates each is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary, for Lessee, or any other person and (ii) neither Lessor nor any of its affiliates has any obligation to Lessee with respect to the transactions contemplated hereby except those obligations expressly set forth herein; and (c) Lessor and its affiliates may be engaged in a broad range of transactions that involve interests that differ from those of Lessee, and neither Lessor nor any of its affiliates has any obligation to disclose any of such interests to Lessee. To the fullest extent permitted by law, Lessee hereby waives and releases any claims that it may have against Lessor or any of its affiliates with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transactions contemplated hereby.
Section 33. ELECTRONIC TRANSACTIONS. The parties to this Agreement agree that the transaction described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action, or suit in the appropriate court of law.
Section 34. FURTHER ASSURANCES. The parties hereto further covenant and agree to do, execute and deliver, or cause to be done, executed and delivered, and covenant and agree to use their best efforts to cause their successors and assigns to do, execute, and deliver, or cause to be done, executed, and delivered, all such further acts, transfers and assurances, in order to provide for the implementation of the intention of the parties under this Agreement, as the parties and their successors and assigns reasonably shall request.
Section 35. WAIVER OF RIGHT TO TRIAL BY JURY. LESSEE HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL
BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (A) ARISING UNDER THIS AGREEMENT OR
ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH,
OR (B) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENT AL TO THE DEALINGS OF LESSEE OR LESSOR
WITH RESPECT TO THIS AGREEMENT OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR
DELIVERED IN CONNECTION HEREWITH, OR THE TRANSACTIONS RELATED HERETO OR THERETO, IN EACH CASE
WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.
(The next page is the signature page of this Master Lease Agreement.] 13 Fiscal Year Commencement Date: January I st
Fiscal Year End Date: December 3P1
IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer, and Lessee has caused this Agreement to be executed in its name by its duly authorized officer.
LESSOR:
HUNTINGTON PUBLIC CAPITAL CORPORATION
By: __________ _
Title: Vice President
Date Signed: June 26, 2025
Mailing Address:
HUNTINGTON PUBLIC CAPITAL CORPORATION
d o The Huntington National Bank
11100 Wayzata Blvd., Ste 700
Minnetonka, MN 55305
14 LESSEE:
CITY OF ANDERSON, CA
By:-----------
Title: City Manager
Date Signed: June 26, 2025
Mailing Address:
City of Anderson, CA
1887 Howard Street
Anderson, CA 96007
ESCROW AGREEMENT
This Escrow Agreement (the "Escrow Agreement") dated as of June 26, 202S and entered into among the following parties:
"Lessor" means: Huntington Public Capital Corporation, a Nevada corporation "Lessee" means: City of Anderson, CA, a body corporate and politic existing under the laws of California "Escrow Agent" means: The Huntington National Bank, a national banking association WITNESSETH:
l. This Escrow Agreement relates to and is hereby made a part of the Equipment Schedule No. 001 dated on or about the date hereof which incorporates the terms and conditions of Master Lease Agreement No. 311948 dated as of June 26, 2025 (collectively, the "Lease"), between Lessor and Lessee.
2. Except as otherwise defined herein, all terms defined in the Lease shall have the same meaning for the purposes of this Escrow Agreement as in the Lease. "Funding Expiration Date" shall mean the date which is eighteen (18) months after the date of this Escrow Agreement.
3. Lessor, Lessee and Escrow Agent agree that Escrow Agent will act as sole Escrow Agent under the Lease and this Escrow Agreement, in accordance with the terms and conditions set forth in this Escrow Agreement.
4. There is hereby established in the custody of Escrow Agent a special trust fund with an account number to be designated by the Escrow Agent (the "Acquisition Fund") which shall be held and administered by the Escrow Agent in trust in accordance with this Escrow Agreement. The money and investments held by Escrow Agent under this Escrow Agreement are irrevocably held in trust for the benefit of Lessee and Lessor.
5. Lessor shall deposit $3.849,995.14 in the Acquisition Fund. Monies held by the Escrow Agent hereunder shall be invested and reinvested by the Escrow Agent at the written direction of Lessee in Qualified Investments (as defined below) and shall reinvest the proceeds pursuant to such written direction in such Qualified Investments maturing or subject to redemption at the option of the holder thereof prior to the date on which it is expected that such funds will be needed and in any event not later than the Funding Expiration Date. In the absence of such written direction, the Escrow Agent shalFinvest the Acquisition Fund in the Reich & Tang Demand Deposit Marketplace (Cusip # 758989800) until such time as a represeritative of Lessee shall instruct the Escrow Agent in writing to have the Escrow Funds deposited in another Qualified Investment (as\ defined below). With respect to any funds received by the Escrow Agent after one o'clock, a.m., Columbus, Ohio, time, the Es~row Agent shall not be required to invest such funds or to execute any investment instruction until the next day upon which banks in Columbus, Ohio are open for business. The investments made hereunder shall be held by the Escrow Agent in the Acquisition.Fund and any income earned on such investments shall be deposited in the Acquisition Fund. The Escrow Agent may make or dispose of any and all such investments through its own investment department or that of its affiliates or subsidiaries and may charge its ordinary and customary fees for such trades. The Escrow Agent shall liquidate any investments held in order to make required disbursements under this Escrow Agreement. Additional information on Qualified Investments and/or the prospectus for such investment, if applicable, is available upon written request or by contacting Escrow Agent. The Escrow Agent shall have no responsibility or liability for any loss, cost or penalty which may result from any investment or sale of investment made pursuant to this Escrow Agreement.
6. "Qualified Investments", to the extent permitted by law, means: (i) direct general obligations of the United States of America; (ii) obligations the timely payment of the principle of and interest on which is fully and unconditionally guaranteed by the United States of America; (iii) general obligations of the agencies and instrumentalities of the United States of America; (iv) certificates of deposit, time deposits, trust deposits, trust accounts, other deposit products or demand deposits with any bank or savings institution, including the Escrow Agent or any affiliate thereof, provided that such certificates of deposit, time deposits, trust deposits, trust accounts, other deposit products or demand deposits, if not insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, are fully secured by obligations described in clauses (i), (ii) , or (iii) above; or (v) repurchase agreements with any state or national bank or trust company, including the Escrow Agent or any affiliate thereof, that are secured by obligations of the type described in clauses (i), (ii) or (iii) above; provided that such collateral is free and clear of claims of third parties, that the Escrow Agent or a third party acting solely as agent for the Escrow Agent has possession of such collateral and a perfected first priority security interest in such collateral. Any money market fund (including any money market fund sponsored by the Escrow Agent or any affiliate thereof, or for which the Escrow Agent or any affiliate serves as investment manager, administrator, shareholder servicing agent, and/or custodian or subcustodian, notwithstanding the fact that (i) the Escrow Agent or an affiliate of the Escrow Agent receives fees from such fund for services rendered (as further described in section 15 hereof), (ii) the Escrow Agent charges and collects fees rendered pursuant to the Lease, which fees are separate from the fees received from such funds, and (iii) services performed for such funds and pursuant to the Lease may at times duplicate those provided to such funds by the Escrow Agent or its affiliates), which fund is invested solely in obligations described in clauses (i), (ii) or (iii) above. If any of the above-described Qualified Investments are not legal investments of Lessee, then Lessee shall immediately notify Escrow Agent which of said Qualified Investments are not legal investments of Lessee, and shall provide Escrow Agent with written direction to invest funds in accordance with Section 5.
7. Lessee and Lessor hereby authorize Escrow Agent to take the following actions with respect to the Acquisition Fund:
(a) Pay from the Acquisition Fund to Lessor, interest on the Lease as it becomes due representing capitalized interest from the date hereof, on the dates and in the amounts set forth below, without further action by Lessee, upon payment instructions provided by Lessor to Escrow Agent:
Lease Payment Date:
07/01/2025
08/01/2025
09/01/2025
10/01/2025
11/01/2025
12/01/2025
01/01/2026
02/01/2026
03/01/2026
04/01/2026
05/01/2026
06/01/2026
07/01/2026
08/01/2026
Amount:
$2,513.19
$15,079.15
$15,079.15
$15,079.15
$15,079.15
$15,079.15
$15,079.15
$15,079.15
$15,079.15
$15,079.15
$15,079.15
$15,079.15
$15,079.15
$15,079.15
(b) From time to time disburse monies in the Acquisition Fund to pay for the cost of acquisition of the Equipment, including payment of capitalized interest on the dates specified in subsection (a) above, and if requested by Lessee and approved for payment by Lessor, certain costs of issuance in connection with the Lease. Lessee shall send to Lessor one or more properly executed Payment Request Fonns executed by Lessee, a copy of which is attached hereto as Exhibit A, together with an invoice for the cost of the acquisition of the Equipment and/or costs of issuance for which payment is requested. Upon proper presentation of a Payment Request Fonn for the invoice at Lessor's satisfaction, Lessor shall provide the Payment Request Fonn to Escrow Agent and payment shall be made by Escrow Agent from the Acquisition Fund to the payee designated in the Payment Request Fonn for the cost of the acquisition of the Equipment or payment of costs of issuance specified therein. Payment Request Fonns delivered to Escrow Agent after 12:00 p.m. E.S.T will be paid the following business day. Lessor shall not be required to approve any such payment unless and until Lessee shall have provided to Lessor certificates of insurance and perfonnance and payment bonds with dual obligee rider, all in accordance with Section 16 of the above-referenced Master Lease Agreement.
8. The Acquisition Fund and this Escrow Agreement shall terminate upon the earlier of: (a) the disbursement of all funds from the Acquisition Fund, (b) the Funding Expiration Date, and (c) the date on which notice is provided by Lessee to Lessor to close the Acquisition Fund (such notice may be provided by Lessee in a Payment Request Form by selecting the box which indicates the draw is the final draw to be taken under the Acquisition Fund and that the Acquisition Fund should be closed following the draw). Upon any such termination, any amount remaining in the Acquisition Fund shall, unless otherwise directed by Lessee in writing, immediately be paid as follows: first, to Escrow Agent for payment of all reasonable fees and expenses incurred by Escrow Agent in connection herewith as evidenced by its statement forwarded to Lessee and Lessor; and second, to Lessor to be applied by Lessor for benefit of Lessee as follows: (i) toward the interest portion of the Lease Payment next coming due under the Lease, (ii) toward the principal portion of the Lease Payment next coming due under the lease, and (iii) toward a partial prepayment of the principal amount remaining due under the Lease and thereupon Lessor will prepare and deliver the Lessee a revised Lease Payment schedule to the Lease that reflects such partial prepayment of principal. If Lessor delivers to Escrow Agent written notice of the occurrence of an Event of Default under the Lease or of a termination of the Lease due to a non-appropriation event or non- renewal event under the Lease, then Escrow Agent shall immediately remit to Lessor the remaining balance of the Acquisition Fund.
9. Lessee hereby grants Lessor a security interest in the money and investments held by Escrow Agent under this Escrow Agreement as collateral security for the payment and performance of all of Lessee's obligations under the Lease, this Escrow Agreement and any agreement, contract or instrument related to the Lease or this Escrow Agreement. Lessee represents and warrants to Lessor that the money and investments held by Escrow Agent under this Escrow Agreement are free and clear of any liens other than Lessor's 2 security interests created under this Escrow Agreement. Escrow Agent hereby acknowledges that it holds the money and investments held by Escrow Agent under this Escrow Agreement subject to such security interest created by Lessee as bailee for Lessor.
10. Escrow Agent may at any time resign by giving at least 30 days written notice to Lessee and Lessor, but such resignation shall not take effect until the appointment of a successor Escrow Agent. The substitution of another bank or trust company to act as Escrow Agent under this Escrow Agreement may occur by written agreement of Lessor and Lessee. In addition, Escrow Agent may be removed at any time, with or without cause, by an instrument in writing executed by Lessor and Lessee. In the event of any resignation or removal of Escrow Agent, a successor Escrow Agent shall be appointed by an instrument in writing executed by Lessor and Lessee. Such successor Escrow Agent shall indicate its acceptance of such appointment by an instrument in writing delivered to Lessor, Lessee and the predecessor Escrow Agent and thereupon such successor Escrow Agent shall, without any further act or deed, be fully vested with all the trusts, powers, rights, duties and obligations of Escrow Agent under this Escrow Agreement and the predecessor Escrow Agent shall, after payment of its fees, costs and expenses, deliver all moneys and securities held by it under this Escrow Agreement to such successor Escrow Agent.
I 1. Escrow Agent incurs no liability to make any disbursements pursuant to the Escrow Agreement except from funds held in the Acquisition Fund. Escrow Agent makes no representation or warranties as to the title to any Equipment or as to the performance of any obligations of Lessor or Lessee. No provision of this Escrow Agreement shall require the Escrow Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers.
12. Escrow Agent shall furnish a monthly statement listing all investments to Lessor and to Lessee. Escrow Agent shall keep complete and accurate records of all money received and disbursed under this Escrow Agreement, which shall be available for inspection by Lessee or Lessor, or the authorized agent of either of them, at any time during regular business hours.
Federal regulations require that Escrow Agent furnish to clients, without any additional cost, written notification of any security transaction in their trust accounts. The notification must be sent within five (5) business days from the date of the transaction or from the date of receipt by Escrow Agent or the broker/deal confirmation. As an alternative to a notice of each individual transaction, clients may elect to receive this information consolidated into periodic trust statements. Lessee directs Escrow Agent to not send notification of each individual security transaction; security transaction information will be consolidated on the periodic trust statements provided by the Escrow Agent which shall be sent as of December 31 annually. Lessee acknowledges the awareness of the security transaction notification requirement and has made the decision to waive such notification as indicated herein, until further written notice to receive such notification is provided to Escrow Agent.
13. Escrow Agent may: (i) act in reliance upon any writing (including email), notice, certificate, instruction, instrument (each an "Instrument") or signature (including a signature provided by the electronic signing service DocuSign initiated by the Lessor) which it, in good faith, believes to be genuine; (ii) assume the validity and accuracy of any statement or assertion contained in such an Instrument; and (iii) assume that any person purporting to give any such Instrument in connection with the provisions hereof has been duly authorized to do so. Except as expressly provided otherwise in this Escrow Agreement, the Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to the form of, the manner of execution of, or the validity, accuracy or authenticity of any Instrument deposited with it, nor as to the identity, authority or right of any person executing the same. Lessee and Lessor shall be responsible for ensuring that only authorized individuals acting on their behalf shall transmit such Instrument via email to the Escrow Agent and for treating applicable user and authorization codes, passwords and/or authentication keys with extreme care. The Escrow Agent shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Agent's reliance upon and compliance with such Instrument sent by email notwithstanding such directions conflict or are inconsistent with subsequent written direction. Lessee and Lessor each agree (i) to assume all risks arising out the use of email to submit directions to the Escrow Agent, including without limitation the risk of the Escrow Agent acting on unauthorized instruction, and the risk of interception and misuse by third parties; (ii) that they are fully informed of the protections and risks associated with the various methods of transmitting directions to the Escrow Agent and that there may be more secure methods of transmitting directions than the method(s) selected by it; (iii) that the security procedures (if any) to be followed in connection with its transmission of directions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances and (iv) to notify the Escrow Agent immediately upon learning of any compromise or unauthorized use of the security procedures. Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection with the opinion of such counsel. Escrow Agent shall otherwise not be liable for any mistakes of facts or errors of judgment, or for any acts or omissions of any kind unless caused by Escrow Agent's gross negligence or willful misconduct. In the administration of this Escrow Agreement, the Escrow Agent may execute any of its powers and perform its duties directly or through agents, custodians, nominees and attorneys and shall not be responsible for the misconduct or negligence of such agents, custodians, nominees and attorneys appointed by it with reasonable due care. The Escrow Agent shall not be obligated to perform any obligation hereunder and shall not incur any liability for the nonperformance or breach of any obligation hereunder to the extent that it is delayed in performing, unable to perform or breaches such obligation because of acts of God, war, terrorism, riots, lightning, fire, tornadoes, storms, droughts, explosions, floods, earthquakes, hurricanes, strikes, lockouts or other industrial disturbances, orders or restraints of any kind of the government of the United States of America or of the State or any of their departments, agencies, political subdivisions or officials, electrical outages, epidemics, pandemics, quarantine restrictions, hacking or cyber-attacks, or other use or infiltration of the Escrow Agent's 3 technological infrastructure exceeding authorized access, equipment or transmission failures, or other causes reasonably beyond its control; provided that the Escrow Agent shall use commercially reasonable efforts consistent with accepted corporate trust industry practices to maintain performance without delay or resume perfonnance as soon as reasonably practicable under the circumstances.
14. The Lessee agrees to pay to the Escrow Agent its fees and expenses for any reasonable extraordinary services performed or incurred in connection with its duties under this Agreement if notified in writing prior to the performance of those services or the incurring of those expenses so as to allow the Lessee to appropriate sufficient funds for their payment. The provisions of this Section 14 shall survive the termination of this Escrow Agreement and the resignation or removal of Escrow Agent for any reason. In no event shall Escrow Agent be liable for special, indirect or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if Escrow Agent has been advised of the likelihood of such loss or damage and regardless of the form of action.
15. The Escrow Agent may receive various types of fees and revenues in connection with servicing the Acquisition Fund, either upfront or upon investment. The Escrow Agent may charge (i) a flat fee, a fee of a fixed dollar amount payable at the time the transaction takes place or imposed periodically throughout the relationship, and/or (ii) a transaction based fee, a fixed dollar fee that is charged each time the Escrow Agent is required to execute a particular transaction, service or function. The Escrow Agent may receive compensation from any money market funds held in connection with the relationship as (i) shareholder servicing payments, which is compensation for providing certain services for the benefit of the money market fund company, typically consisting of maintenance of shareholder ownership records, distributing prospectuses and other shareholder information materials to investors and handling proxy voting materials; paid under a money market fund's l 2b-1 distribution plan and impacting the investment performance of the fund by the amount of the fee as detailed in the fund's prospectus, which will be provided to Lessee; and/or (ii) revenue sharing payments, which are payments from a money market fund company as payments that represent a reallocation to the Escrow Agent of a portion of the compensation payable to the fund company in connection with Lessee's investment which constitute a form of fee sharing between the fund company and the Escrow Agent and do not as a general rule result in any additional charge or expense in connection with a money market fund investment, are not paid under a l 2b-1 plan, and do not impact the investment performance of the fund. The amount of any revenue share payable to Escrow Agent with respect to Lessee's investments is available upon request.
The Escrow Agent may be separately and additionally compensated for services. The Lessee acknowledges that the current prospectus for the money market fund, if any, the Acquisition Fund is to be invested in, describes, among other things, the investment risk and objectives of the money market fund, and it has been reviewed by the Lessee or a representative of the Lessee.
16. This Escrow Agreement shall be governed by and construed in accordance with the laws of the State of Ohio.
17. In the event any court of competent jurisdiction shall hold any provisions of this Escrow Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision hereof.
18. This Escrow Agreement may not be amended except by a written instrument executed by Lessor, Lessee and Escrow Agent. This Escrow Agreement may be executed in several counterparts, each of which so executed shall be an original.
19. All written notices to be given under this Escrow Agreement shall be given by mail (or email with original to follow) to the party entitled thereto at its address set forth below, or at such address as the party may provide to the other parties hereto in writing from time to time. Any such notice shall be deemed to have been received three (3) days after deposit in the United States mail, with postage fully prepaid, provided, however, that any notice to the Escrow Agent shall not be deemed to be given until received by it .
20. EACH PARTY HERETO EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION
OR CAUSE OF ACTION (I) ARISING UNDER THIS ESCROW AGREEMENT OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, OR (2) IN ANY WAY CONNECTED WITH
OR RELATED OR INCIDENTAL TO THE DEALINGS OF ANY PARTY HERETO WITH RESPECT TO THIS ESCROW
AGREEMENT OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, OR THE TRANSACTIONS RELATED HERETO OR THERETO, lN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.
21. The parties agree that the electronic signature (provided by the electronic signing service DocuSign initiated by the Lessor) of a party to this Escrow Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Escrow Agreement. The parties agree that any electronically signed document shall be deemed (i) to be "written" or "in writing," (ii) to have been signed, and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files.
IN WITNESS WHEREOF, Lessor, Lessee and Escrow Agent have caused this Escrow Agreement to be executed by their duly authorized representatives as of the date first written above. 4 City of Anderson, CA, as
Lessee
By: ___________ _
Title: City Manager
Address: 1887 Howard Street. Anderson, CA 96007
Huntington Public Capital Corporation, as
Lessor
By: __________ _
Title: Vice President
Address: c!o The Huntington National Bank, 11 JOO Wayzata Blvd., Ste 700, Minnetonka, MN 55305 The Huntington National Bank, as
Escrow Agent
By:------------
Title: Vice President
Address: 11100 Wayzata Blvd .. Ste 700. Minnetonka. MN 55305 5 EXHIBIT A
PAYMENT REQUEST FORM & ACCEPTANCE CERTIFICATE
Re: Acquisition Fund established by the Escrow Agreement dated as of June 26, 2025 among Huntington Public Capital Corporation, as Lessor, City of Anderson, CA, as Lessee and The Huntington National Bank, as Escrow Agent.
Sir or Madam,
This Payment Request Form & Acceptance Certificate (referred to in the Agreement and herein as the ("Payment Request Form") states the following:
A. Draw Request
As Escrow Agent for the above-referenced Acquisition Fund, you are hereby requested to pay from that Acquisition Fund to the person or col])oration designated below as payee, the sum set forth below in payment of a portion of all of the cost of the acquisition of the equipment described below. The amount shown below is due and payable under the invoice of the payee with respect to the cost of the acquisition of the equipment and has not formed the basis of any prior request for payment. The equipment described below is part of all of the "Equipment" that is subject to the Lease described in the above referenced Escrow Agreement.
Amount: __________________ _
Payee: __________________ _
Address: __________________ _
City, State, Zip:
Funds should be sent via: (check and complete one)
Wire Transfer: Bank Name: ______________ _
ABA #: ______________ _
Beneficiary: ______________ _
Account #: ---------~-----
Reference Info#: _________ ___ _
Check: Payee: ________________ _
Address: _______________ _
City, State, Zip: _____________ _
Regular mail Overnight Mail
Credit Account: Account Name: _____________ _
Account No.: ______________ _
By checking this box, Lessee represents to Lessor that this draw is the final draw to be taken under the Acquisition Fund and Lessee desires Lessor to close the Acquisition Fund following this draw. 6 B. Equipment Description and Acceptance
Lessee confinns (i) that the Equipment, further described below, on the attached invoice(s), and/or on Schedule l hereto, has been delivered to Lessee and that Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it has received such Equipment in good condition, and accepts same for all purposes (or, if Lessee has requested Lessor to make arrangements to pay for the Equipment before it is delivered to and inspected by Lessee, Lessee acknowledges that Lessor is only willing to do so at Lessee's sole risk and as such the parties agree that as of the date hereof, Lessee's obligations under the Lease, including the Escrow Agreement, are absolute, unconditional, and cannot be cancelled); (ii) that the Equipment is of the size, design, capacity and manufacture selected solely by Lessee and meets the provisions of any purchase agreements pursuant to which the Equipment has been acquired; (iii) that Lessee irrevocably accepts said Equipment "AS-IS, WHERE-IS" for all purposes of the Lease, including the Escrow Agreement, as of the date hereof; (iv) no Event of Default, as such tenn is defined in the Agreement, and no event which with notice or lapse of time or both, would become an Event of Default, has occurred and is continuing at the date hereof, (v) the insurance coverage to be provided pursuant to the Agreement has been provided, and (vi) the Equipment is essential to the proper, efficient and economic operation of Lessee. Lessee waives any right it may have to revoke its acceptance of the Equipment.
Manufacturer: Descriotion: Year: New/Used: Serial#: Location: Cost:
Total Eauioment Cost:
Financed Sales/Use Tax:
Total Lease Amount:
The Lessee unconditionally agrees to indemnify and hold Lessor hannless from any and all costs, expenses, claims, fees, or damages (including reasonable attorney's fees) incurred by Lessor in connection with its acquisition of the Equipment on behalf of the Lessee hereunder, however arising; and the Lessee agrees it remains solely responsible for the delivery, shipment, installation, construction, insuring and testing of the Equipment at its own risk and expense. The Lessee agrees to reimburse Lessor for all taxes, costs and fees and expense incurred by Lessor (including reasonable attorneys' fees) in the connection with the Lease and enforcement of any of its provisions. By the execution hereof, the provisions of the Agreement are incorporated into this Payment Request Fonn as described herein.
Note:
If vendor payment is by wire transfer, Huntington's wire team will conduct a callback to confinn that the request is accurate and not fraudulent. The call will come from a phone number with a .. 606" area code. _____ will be utilized for the callback.
If the phone number above is no longer accurate. please provide the accurate number below. Please allow 24 hours to process and update information.
Updated Phone Number:
Lessee:
City of Anderson, CA
By: _________ _
Title: _ _________ _
Date: __________ _
7