CITY OF LOYALTON
COUNTY OF SIERRA
605 SCHOOL STREET
P.O. BOX 128
LOYALTON, CALIFORNIA 96118 MING
(530) 993-6750
41901
cityofloyalton.org COUNTY CALIFO
OFFICE OF THE MAYOR
AGENDA FOR THE REGULAR MEETING OF THE
LOYALTON CITY COUNCIL
6:00 P.M. - CITY HALL AUDITORIUM
605 SCHOOL STREET
JULY 19'H , 2022
NEXT ORDINANCE #425
NEXT RESOLUTION NO. 4-2022
AGENDA & PACKET AVAILABLE ON CITY WEB SITE
cityofloyalton.org
Any person with a disability may submit a request for reasonable modification or accommodation to the above-described means for accessing and offering comment at the meeting to Kathy LeBlanc, City Clerk, at [[email protected]] who will swiftly resolve such request.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
3. ROLL CALL
APPROVAL OF AGENDA
1. Let NO MEr County in regards to Solid Waste Fees. (Attachment)
APPROVAL OF MINUTES
Special Meeting June 21, 2022 (Attachment)
Regular Meeting June 21, 2022 (Attachment)
STAFF REPORTS
8. PUBLIC COMMENT
This is an opportunity for members of the public to address the Council on items which are not on the agenda. Please state your name for the record. Comments are limited to three minutes. Written comments should be submitted to the City Clerk 24 hours prior to the meeting to allow for distribution. Under Government Code Section 54954.2 - Brown Act, the Council cannot take action on any item not on the posted agenda
9. FIRE DEPARTMENT REPORT
10. FINANCIAL COMMITTEE REPORTS
1. Financial Committee Report/Update
• Discussion and Possible Action in regards to 1099 for Fire Department
• Approval of Reconciled Accounts for June 2022 (Attachment) • Approval of Bill Sheet June 2022 (Attachment)
• Acknowledgment of Approval of Fund Transfer from General 1956 to Enterprise Loan MM 0559 not to exceed $30,000.00 (Attachment)
12. PUBLIC WORKS COMMITTEE REPORTS/PARK AND RECREATION
13. OTHER COMMITTEE REPORTS
14. DISCUSSION AND POSSIBLE ACTION ITEMS
1. Discussion and Possible Action regarding FEMA Update.
2. Discussion and Possible Action regarding Change Order from Farr West Engineering.
3. Discussion and Possible Action regarding new water/sewer application Acevedo (Attachment)
4. Update on Main Water Leak
5. Discussion and Possible Action regarding adoption of Resolution 4-2022 Dispensing with Competitive Bidding for Certain On-Call Services, Approve An Agreement for On-Call Services and Direct and Authorize the Mayor to Execute the Agreement.
6. Discussion and Possible Action regarding draft agreement for on call service between City of Loyalton and CTL Forest Management. (Attachment)
7. Discussion and Possible Action regarding adoption of Resolution 5-2022 Dispensing with Competitive Bidding for the 2017 FEMA Projects. (Attachment)
15. AGENDA INPUT FOR UPCOMING MEETINGS
16. BOARD MEMBER CLOSING REMARKS
17. ADJOURNMENT
CITY OF LOYALTON
COUNTY OF SIERRA
60S SCHOOL STREET
PO. BOX 128
LOYALTON, CALIFORNIA 96118
(530) 993-6750
cityofloyalton.org
OFFICE OF THE MAYOR
AGENDA FOR THE SPECIAL MEETING OF THE
LOYALTON CITY COUNCIL
5:00 PM - CITY HALL AUDITORIUM
605 SCHOOL STREET
JULY 19TH , 2022
LOYALTON, CA.
AGENDA AND PACKET AVAILABLE ON CITY WEB SITE
cityofloyalton.org
NEXT ORDINANCE #425
NEXT RESOLUTION #4-2022
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
APPROVAL OF AGENDA:
ANNOUNCEMENTS:
STAFF REPORTS:
PUBLIC COMMENT:
This is an opportunity for members of the public to address the Council on items which are not on the agenda. Please state your name for the record. Comments are limited to three minutes. Written comments should be submitted to the Board Clerk 24 hours prior to the meeting to allow for distribution. Under Government Code Section 54954.2 - Brown Act, the Council cannot take action on any item not on the agenda. The City Mayor may choose to acknowledge the comment or, where appropriate, briefly answer a question, refer the matter to staff, or set the item for discussion at a future meeting.
A SPECIAL MEETING IS BEING HELD TO CONDUCT THE FOLLOWING BUSINESS:
CLOSED SESSION:
1. Closed Session pursuant to Government Code Section 54957, Public Employee Employment/Bookkeeper/Accountant
Agenda Input of Upcoming Meetings
Council Member Closing Remarks
ADJOURNMENT
Solid Waste Fee Information
Included with this information statement is a Notice of Imposition of Solid Waste Fee for the 2022-2023 fiscal year. This information statement will provide a brief explanation as to why this fee is being proposed, how the County Solid Waste System operates, and what the funding options are for keeping the Solid Waste System running for the next fiscal year.
The County Solid Waste System consists of the operation of the five transfer stations; located in Loyalton, Sattley, Sierra City, Ramshom (near Downieville) and Alleghany. The Solid Waste System is operated with funds paid for by the properties that use or have a right to use the System.
Any refuse brought to the System from outside of the County is required to pay gate fees.
The total budget for the operation of the County Solid Waste System for the 2022-2023 Fiscal Year will be approximately $1,295,989. Due to increases in operational costs of the County Solid Waste System, the solid waste fee has increased $2.00 per loose cubic yard. The cost for each user is based on the estimates of their fair share use of the Solid Waste System for the coming year.
The Board of Supervisors has carefully considered other options for funding the Solid Waste System, including gate fees. The Board of Supervisors is concerned that reliance on gate fees as a funding source could lead to a significant increase in the costs for waste disposal. There is also concern that high gate fees could lead to an increase in illegal dumping in the County; to the detriment of all of the County's citizens and businesses. In addition, the lack of a stable and adequate funding source for the Solid Waste System could result in the County having to cut back on the hours of operation or even close County transfer stations. It is for these reasons that the Board of Supervisors has determined that it is in the best interest of everyone to make sure that there is a stable funding source for the Solid Waste System, which can best be achieved by continuing the use of the Solid Waste Fees that are imposed annually.
In the event that a majority of property owners protest against the imposition of the Solid Waste Fees for this coming year, the Board of Supervisors may have to rely upon the use of gate fees. Other options would be to require all property owners to subscribe to a solid waste collection service in order to ensure that all solid waste is properly disposed of within the County.
Note - "Property ownership" shall be deemed to include tenancies of real property where tenants are directly liable to pay the assessment fee, or charge in question.
Property owners may appeal their solid waste fee. Procedures for solid waste fee appeals are set out in Chapter 5 of Part 8 of the Sierra County Code. Information concerning appeals may be obtained from the County Solid Waste Fee Administrator by calling 530-289-3283.
NOTICE OF IMPOSITION OF SOLID WASTE FEE
FOR FISCAL YEAR 2022-2023
In accordance with State law, the Sierra County Board of Supervisors is proposing establish a solid waste fee to be imposed against the real property that you own in the County that is identified by reference to the County Assessor's Parcel Number (APN) as shown below. The fee is for your property's use of the County's solid waste system for 2022-2023 and unless modified will be the same in subsequent fiscal years.
Your property has been identified and classified for use as non-residential and will be required to pay an annual fee in the amount of $ 3,862.01 for use of the County Solid Waste Facilities during the 2022- 2023 fiscal year, unless a majority of all of the property owners who are subject to paying the solid waste fee file protests. This fee will cover the cost for disposal of the waste that is estimated to result from the use of the property and is in lieu of gate fees for that waste. This fee will only be used to pay for the operation and expense of the County Solid Waste System. It does not provide any general revenue to the County and cannot be used for any other purpose.
All real property within the County that is used in a manner that is or is likely to generate solid waste has been identified and classified by the County according to its waste generation. Waste generation factors for non-residential uses have been derived by calculating records of actual waste deposited into the county waste stream between April 1, 2021 and March 31, 2022, as reported by the solid waste hauler licensed by the County.
The cost for use by individual properties is determined by dividing the total cost of operation of the Solid Waste System by the total estimated waste generation derived from all properties in the County that use or have access to the County transfer stations. This establishes a unit cost for solid waste service, which is then applied to the waste generation factor identified for your real property.
NOTICE IS HEREBY GIVEN that the Sierra County Board of Supervisors will conduct a public A.M., August 23, 2022, in the Board of Supervisors Chambers, Downieville, California. You have returning this notice (according to the instructions below). If a majority protest is filed against the imposition of the fees, the increased solid waste fees will not be imposed.
INSTRUCTIONS FOR FILING AND SUBMITTING WRITTEN PROTEST
To protest against the imposition of the increase in the Solid Waste Fees for 2022-2023, you must fill in the following information and return this notice to the Sierra County Board of Supervisors, by mailing to Board of Supervisors, P.O. Drawer D, Downieville, CA, 95936, or by returning the form to the Board of Supervisors no later than the commencement of the public hearing, at 10:00 A.M., on August 23, 2022, as referenced above.
I/we, hereby certify under penalty of perjury that I/we, are owners of record of the real property located in the County of Sierra and identified as APN 017-111-022-000 I/we hereby execute this document as our formal protest to the imposition of the increase in the County Solid Waste Fees against our property for 2022-2023 fiscal year.
Dated: Signed
LOYALTON CITY OF
June 21, 2022
SPECIAL MEETING
The special meeting of the Loyalton City Council was called to order by Mayor Jackson on June 21, 2022 at 5:00 p.m.
COUNCIL MEMBERS PRESENT
Mayor Jackson, D. Riede, J. Markum, J. Gerow
COUNCIL MEMBERS ABSENT:
STAFF PRESENT
GUESTS PRESENT
APPROVAL OF AGENDA
It was moved by D. Riede, seconded by 1. Gerow to approve the agenda as presented. Motion carried.
ANNOUNCEMENTS
Mayor Jackson would like to remind all council members and staff to do purchase orders.
STAFF REPORTS
None
PUBLIC COMMENT
None
CLOSED SESSION
1. Mayor Jackson adjourned the special meeting to go into closed session. Mayor Jackson reconvened the meeting stating the reportable action was as follows the Council has approved to hire Angela Wiley for bookkeeper duties at $20.00 per hour.
MEETING ADJOURNED
APPROVED:
Mayor S. Jackson
ATTEST:
Kathy LeBlanc- City Clerk
June 21, 2022
REGULAR MEETING
The Regular meeting of the Loyalton City Council was called to order by Mayor S. Jackson on June 21, 2022 at 6:00 p.m. Loyalton City Auditorium
COUNCIL MEMBERS PRESENT Mayor S. Jackson, D. Riede, J. Markum, J. Gerow
COUNCIL MEMBERS ABSENT
STAFF PRESENT
City Clerk- Kathy LeBlanc
GUESTS PRESENT
B. Mertton, L. Horner, J. Buck
APPROVAL OF AGENDA
It was moved by D. Riede, seconded by 1. Gerow to approve the agenda as posted. Motion carried.
ANNOUNCEMENTS
None
APPROVAL OF MINUTES
1. It was moved by D. Riede, seconded by J. Gerow to approve the minutes of the Special Meeting of May 24, 2022. Motion carried. (Mayor S. Jackson abstained)
STAFF REPORTS/WRITTEN COMMUNICATIONS
1. Vice Mayor Riede reported no work started on the pool as of yet. Councilmember Markum stated that they are waiting for Little League to finish up.
TIMED ITEM: SURPLUS EQUIPMENT
1. City Clerk announced that no bids were received. After a discussion it was moved by J. Markun, seconded by J. Gerow to sell 1981 International Dump Truck to E. Grandi for $1500.00. Motion carried.
PUBLIC COMMENT
1. B. Mertton presented council with a list of questions and concerns. (Copy Available at City Hall)
2. J. Buck inquired about the aged balance report.
3. W. Bergstrom inquired about several properties within the City that could be a fire hazard. Mayor Jackson directed the clerk to send out clean-up letters.
FIRE DEPARTMENT REPORT
1. Mayor Jackson reported that no one was available to attend the meeting, but P. DeMartini submitted several questions in regards to Draft Audit, Fire Department Budget and Web Site.
FINANCIAL COMMITTEE REPORT/UPDATE
Mayor Jackson reported that no meeting was held, but will meet soon to work on a draft budget.
1. Mayor Jackson reported that the item for the 1099 and Council pay will be added to the next agenda.
2. After a discussion regarding the 20-21 Draft Audit, it was moved by J. Markum to approve the Draft Audit for 20-21. Motion carried
3. It was moved by J. Markum, seconded by D. Riede to approve the Reconciled Accounts for May 2022.
Motion carried.
4. It was moved by D. Riede, seconded by J. Markum to approve bill sheet not to exceed $98,300.29.
Motion carried.
ACKNOWLEDGEMENT OF APPROVAL OF FUNDS TRANSFERS
1. After a brief discussion, It was moved by J. Markum, seconded by D. Riede to approve fund transfer $43,817.71 from General 1956 to Savings 0059 and combine with old CDBG account balance $11,646.86 and designate fund FEMA Fund Savings. Motion carried.
1. It was moved by J. Markum, seconded by D. Riede to approve the fund transfer from General 1956 to Enterprise MM 0559 not to exceed $24,000. Motion carried.
PUBLIC WORKS COMMITTEE REPORTS/PARK AND RECREATION
1. Vice Mayor Riede reported on the following: (1) All irrigation has been fixed and are working at the Park. (2) Working on the valve at the ball field. (3) She reported that a tree will have to be replaced downtown. (4) Maintenance on sidewalks. (5) Working on grants.
2. Councilmember Gerow reported that all is working well at the WWTP, and that the crew will be doing base work on Lewis and Rail Road
3. Mayor Jackson reported that the problem on the Fillippini property has been repaired and the City has paid our protion.
OTHER COMMITTEE REPORTS
1. Councilmember Riede spoke briefly on grants.
DISCUSSION AND POSSIBLE ACTION ITEMS
1. Mayor Jackson gave a brief update on the FEMA project stating a meeting will be held next month she will keep the council updated.
2. Mayor Jackson reported on the report presented by J. Lundy in regards to main water leak. Mayor Jackson stated that due to the critical situation she would like to declare an emergency to begin work on fixing the leak. It was moved by D. Riede, seconded by J. Markum to declare a Public Utility Emergency and dispense with the solicitation of competitive bids. Motion carried.
It was then moved by J. Markum, seconded by D. Riede to delegate councilmember J. Gerow to act as the elected official with authority to act on emergency specified. Motion carried. Mayor Jackson stated that Farr West Engineering will be out tomorrow to assess the situation. Mayor Jackson will have the contract with CTL on the next agenda.
3. It was moved by J. Markum, seconded by J. Gerow to approve Resolution 3-2022 Requesting County Elections to Conduct The Election, and Requesting Consolidation of the Election. Roll Call: Mayor Jackson-Aye, D. Riede-Aye, J. Markum-Aye, J. Gerow-Aye. Motion carried.
4. Mayor Jackson gave a report on the conditional use permit for the Forest Edge property (Old Trailer Park), after a discussion It was moved by J. Markum, seconded by J. Gerow to approve the County to take lead to coordinate the conditional use permit. Motion carried.
IMPUT FOR UPCOMING MEETINGS
1. Discussion of Fire Department 1099 Forms.
2. FEMA Update
3. Update on Main water leak.
CLOSING REMARKS
None
Meeting Adjourned
APPROVED:
Mayor Sarah Jackson
ATTEST:_
Kathy LeBlanc, City Clerk
Acknowledgement of Approval, City of Loyalton
The City of Loyalton acknowledges approval of the below listed Transfer(s) of Funds.
Transfer From Transfer To Date Amount
General Fund Enterprise Loan MM 0559 07/01/2022
Water 1,500.00
Sewer 4,500.00
General Fund Enterprise Loan MM 0559 07/08/2022
Water 1,500.0l
Sewer 4,500.01
General Fund Enterprise Loan MM 0559 07/15/2022
Water 1,500.00
Sewer 4,500.00
General Fund Enterprise Loan MM 0559 07/22/2022
Water 1,500.00
Sewer 1,500.00
General Fund Enterprise Loan MM 0559 07/29/2022
Water 1,500.00
Sewer 4,500.00
THIS TOTAL $30,000.00
This authorization took place at the council meeting held on 07/19/2022 and will be further reflected in the council minutes of this meeting.
Sarah Jackson, Mayor, Dated 07/19/2022
Authorized Signature
11:22 AM City of Loyalton - General
07/12/22 Profit & Loss
Accrual Basis July 2021 through June 2022
Jul '21 - Jun 22
Ordinary Income/Expense
Income
Transfer Out From General Fund -10,000.00
Donations 1,000.00
Property Taxes 34,947.80
License & Fee Revenues 68,846.36
Intergovenmental - Foderal 86,843.12
Intergovernmental - State 85,271.08
Charges for Current Services 21,992.64
Revenue Use of Money & Property 27.74
Miscellaneous Revenue 62.23
Total Income 288,990.97
Gross Profit 288,990.97
Expense
Tools & Equipment 92.35
epairs & Maintenanc 5,645.19
uilding Repair 1,400.00
Penalties & Interest 109.33
Utilities 45,397.12
Equipment Repair & Maintenance 1,172.22
Taxes 5,475.08
Salaries and Wages 39,552.80
Employee Benefits 13,091.58
Services and Supplies 85,112.66
Total Expense 197.048.33
Net Ordinary Income 91,942.64
Other Income/Expense
Other Expense
Transfers Out 10.000.00
Total Other Expense 10,000.00
Net Other Income -10,000.00
Net Income 81,942.64
Draft Page 1
11:20 AM City of Loyalton - Fire Department
07/12/22 Profit & Loss
Accrual Basis July 2021 through June 2022
Jul '21 - Jun 22
Ordinary Income/Expense
Income
Transfer In from Fire Reserve 88,500.00
Transfer in to Fire Departmen 10,000.00
Transfer In 10,000.00
Charges for Current Services 45,394.34
Revenue Use of Money & Property 144.95
Fire Fighting Revenue 472,868.23
Total Income 626,907.52
Gross Profit 626,907.52
Expense
Fire Fighting Expenses 266,955.63
Tools & Equipment 10,614.32
Repairs & Maintenance 700.63
Utilities 10,447.17
Equipment Repair & Maintenance 15,234.99
Taxes 1,054.40
Salaries and Wages 457.12
Services and Supplies 13.740.53
Total Expense 319,204.79
Net Ordinary Income 307,702.73
Other Income/Expense
Other Expense
Debt Service 15,536.20
Capital Outlay 88,500.00
Total Other Expense 104,036.20
Net Other Income -104,036.20
Net Income 203,666.53
Draft Page 1
2:38 PM City of Loyalton - Enterprise
07/12/22 Profit & Loss
Accrual Basis July 2021 through June 2022
Jul 21 - Jun 22
Ordinary Income/Expense
Income
Transfer In From WWTP Reserve 17,550.00
Property Taxes -60.00
Enterprise Income 854,385.09
Revenue Use of Money & Property 4,018.50
Total Income 875,893.59
Gross Profit 875,893.59
Ex pools & Equipment 17,631.63
Repairs & Maintenance 30.412.47
Building Repairs 307.50
Utilities 102,088.25
Faxepment Repalr & Maintonance 14,289.31
1,059.0
Salaries and Wages 89,039.00
Employee Benefits 35,071.48
Services and Supplies 163,621.93
Total Expense 453,520.70
Net Ordinary Income 422,372.89
Other Income/Expense
Other Expense
Debt Service 283,875.76
Total Other Expense 283,875.76
Net Other Income -283,875.76
Net Income 138,497.13
Draft Page 1
2:39 PM City of Loyalton
07/12/22 Balance Sheet
Accrual Basis As of June 30, 2022
Jun 30, 22
ASSETS
Current Assets
Checking/Savings
Enterprise Loan MM 055! 14,336.2
General Funds 62,896.0
Designated Funds 2,393,228.60
Cash Drawer 400.00
Total Checking/Savings 3,070,860.91
ccounts Receivabl
ccounts Receivabl 5.163.46
Total Accounts Receivable 5,163.46
Other Current Assets
Prepaid Expense 39,396.00
Unrealized Gain/Loss -398.62
Due From Other Funds 899, 354.82
Accounts Receivable- Government 6,339.12
Accounts Receivable- Proprietar 208,724.30
Total Other Current Assets 1,153,415.62
Total Current Assets 4,229,439.99
Fixed Assets
Fixed Assets 9,878,566.85
Total Fixed Assets 9,878.566.85
TOTAL ASSETS 14,108,006.84
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Credit Cards
BofA CC 4046-R. DeMartini 12.50
BofA CC 6111- K LeBlanc -95.50
Total Credit Cards -83.00
Other Curn Pay abiotings 823.80
Unearned Revenue-FEMA Advance 64.083.00
Due to Other Funds 899,354.82
Accrued Bond Interest Payable 67,877.14
Payroll Liabilities 509.13
Total Other Current Liabilities 1,032,647.89
Total Current Liabilities 1,032,564 89
Long Term Liabilities
Sierra Co 18/19 Audit Payable 33,227.66
Bonds Pay Leasing Partners 70,000.00
4,794,629.00
Total Long Term Liabilities 4,897,856.66
Total Liabilities 5,930,421.55
Equity
Unassigned (Fund Equity) 116,084.35
Reserved Funds 350,878.00
2:39 PM City of Loyalton
07/12/22 Balance Sheet
Accrual Basis As of June 30, 2022
Jun 30, 22
Invested in Fixed Assets 4,350,253.81
Unreserved Fund Balance 2,945,869.56
Net Income 414,499.57
Total Equity 8.177 585.29
TOTAL LIABILITIES & EQUITY 14,108,006.84
CITY OF LOYALTON
P.O. BOX 128
*SIERRA LOYALTON, CA 96118
530-993-6750
COUL **
APPLICATION FOR NEW WATER SERVICE
DATE OF APPLICATION _EFFECTIVE DATE:_
(DATE TO TURN WATER ON OR OFF)
PURPOSE OF APPLICATION O NEW SERVICE O CHANGE IN SERVICE
O TEMPORARY SERVICE CONNECTION O FIRE SERVICE
CUSTOMER INFORMATION
CUSTOMERs)
''NAME(8): Richend Acevedo I Cheryl Acevado
SERVICE ADDRESS:
MAILING ADDRESS: P.O BOX5O
CITY, STATE, ZIP: LoyA/ ToW CA 96418
HOME PHONE: 5 30 993-4687_DAY TIME PHONE:
EMERGENCY PHONE: 503970-7359 _APN:
PROPERTY OWNER (If Different)
NAME(s):
MAILING ADDRESS:
CITY, STATE, ZIP:
HOME PHONE: DAY TIME PHONE:
EMERGENCY PHONE:
"If customer is NOT the owner of the property, the following section must be filled out by the property owner.
I,. → give permission to the City of Loyalton to charge Property Owner (print)
for the monthly water bill at the service address
Renter
provided above. Furthermore, I understand if the renter fails to pay the bill, as determined by City Fes for the ill ter service, i resping dile on ney he and randinediano a class aspired late.
Property Owner's Signature
** Application Fee of $50 must be included.**
Customer Agreement
Application for Service - The City of Loyalton, is hereby requested to furnish the Applicant water service and facilities. If necessary, backflow prevention device will be installed at the applicant's expense in accordance with SECTION 11, CONTROL OF BACKFLOW AND CROSS CONNECTIONS. The backflow prevention valve, including the enclosure and facilities leading there from shall be installed, owned, operated and maintained by the customer. It is understood that this application is made for service subject to the rates, charges, rules and regulations contained in the City of Loyalton's Water Ordinance.
RichaRd Acevedo
Customer (Print Name)
istomer (Signature
SERVICE INFORMATION
Type of Service Applied for (check the box that applies):
'''SINGLE RESIDENTIAL A 2) MULTI-FAMILY. (Give number of Units) (2) INDUSTRIAL 2) COMMERCIAL_
Existing Service Only: Service Size:_ _inch Meter _inch (All single family residents must provide the City with a plumbing fixture count per the Uniform Plumbing Code.
Please fill out the attached form.
***********************OFFICE USE ONLY BELOW THIS LINE*********************** Fees Paid $. Date Paid Receipt No. Rec'd By.
Identification Verification_ Is customer in City Limits? Fixture Count from attached form
Number of EDU(s). Connection Fee
Service Size inches Meter Size inches
APPLICATION APPROVED
Maintenance Superintendent Date
*application to tanish ticket
CITY OF LOYALTON
RESOLUTION NO. 4-2022
A Resolution of the City Council of the City of Loyalton Dispensing with Competitive Bidding for Certain On-Call Services, Approve an Agreement for On-Call Services and Direct and Authorize the Mayor to Execute the Agreement
WHEREAS, the City is in need of various services on an as-needed, on-demand and on-call basis, often times on very short notice, and such services include, but are no limited to, snow removal services, skilled operator services to operate heavy equipment mechanic services for the repair and maintenance of heavy equipment and services by other skilled labor, such as electricians ("On-Call Services"); and WHEREAS the City has attempted to identify contractors and service providers who would be willing to provide On-Call Services to the City; and WHEREAS, all but one contractor and service provider who would likely be able to provide On-Call Services have expressed that they are unwilling to provide services to the City on an as-needed, on-demand and on-call basis without any minimum or guaranteed compensation; and
WHEREAS, the City cannot afford to enter into a contract or contracts for services similar to the On-Call Services and pay a contractor or contractors a minimum or guaranteed compensation without receiving any services; and WHEREAS, the only contractor the City has been able to identify that is willing and desires to provide On-Call Services to the City without a minimum or guaranteed compensation is C.T.L. Forest Management, Inc.; and
WHEREAS, the City would receive no benefit from the competitive bid process for procuring On-Call Services in that it is unlikely that competitive bidding will produce a different result or be advantageous and that significant benefit can be derived by negotiating directly with entering into an agreement with the only contractor that is willing and desires to provide On-Call Services to the City without a minimum or guaranteed compensation; and
WHEREAS, negotiating directly with entering into an agreement with the only contractor that is willing and desires to provide On-Call Services to the City without a minimum or guaranteed compensation is the most sensible and practical way to address the issue and assure the City and its citizens that they receive necessary services; and {01031454 DOC 1) 1
WHEREAS, the above recitals explain why competitive bidding for the contracting for certain On-Call Services would be non-sensible, undesirable, impractical, unavailing and disadvantageous; and
WHEREAS, various California court decisions including, Domar Electric, Inc. v.
City of Los Angeles, 9 Cal. 4" 161 (1994), hold that the competitive bidding statutes are not to be applied in a way which denies public agencies the authority to deal with problems in a sensible, practical way; and
WHEREAS, various California court decisions, including Graydon v. Pasadena Development Agency, 104 Cal.App. 3d 631 (1980), hold that where the public interest is better served by dispensing with competitive bidding, such as where the subject of a contract is such that competitive proposals would be unavailing or would not produce an advantage, and the advertisement for competitive bids would thus be undesirable or impractical, or impossible, a public agency may dispense with competitive bidding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOYALTON, CALIFORNIA, AS FOLLOWS:
Section 1. The above Recitals are true and correct.
Section 2. The City dispense with competitive bidding for the procurement of On-Call Services described herein and in the Agreement for On-Call Services with C.T.L Forest Management, Inc., attached hereto.
Section 3. The City approves the Agreement for On-Call Services with C.T.L Forest Management, Inc., in substantially the form attached hereto with such changes as are approved by the Mayor and the City Attorney.
Section 4. The Mayor is hereby authorized and directed to execute the Agreement for On- Call Services with C.T.L Forest Management, Inc. in substantially the form attached hereto with such changes as are approved by the Mayor and the City Attorney.
PASSED AND ADOPTED this19" day of July 2022, by the following vote:
AYES:
NOES:
ABSENT:
Sarah Jackson, Mayor
City of Loyalton
{01031454 DOC 1$2
ATTEST: Kathy Le Blanc APROVED AS TO FORM:
City Clerk
City Attorney
DRAFT
{01031454 DOC 1)3
CITY OF LOYALTON
RESOLUTION NO. 5-2022
A Resolution of the City Council of the City of Loyalton Dispensing with Competitive Bidding for the 2017 FEMA Projects WHEREAS, the City remains in need for the completion of repairs authorized by FEMA following damage to various sections of the City during the 2017 flood event; and the first us A the City as deceived tv not ava od amd in the siding rich in bids were received; and
id process for the 2017 FEMA Project in that it it tricontifthe competin bidding will produce a different result or be advantageous; and WHEREAS, the City believes that significant benefit can be derived by negotiating directly with a contractor that is willing and desires to complete all or part of the 2017 FEMA projects; and
WHEREAS, negotiating directly with and entering into an agreement with a contractor that is willing and desires to complete the 2017 FEMA projects for the City is the most sensible and practical way to address the issue and assure the City and its citizens that they receive necessary repairs; and
contracting of the 2017 FEMA Project would bai non-sensible, tidesi able in pror tal unavailing and disadvantageous; and
WHEREAS, various California court decisions including, Domar Electric, Inc. v.
City of Los Angeles, 9 Cal.4* 161 (1994), hold that the competitive bidding statutes are not to be applied in a way which denies public agencies the authority to deal with problems in a sensible, practical way; and
WHEREAS, various California court decisions, including Graydon v. Pasadena Development Agency, 104 Cal.App.3d 631 (1980), hold that where the public interest is better served by dispensing with competitive bidding, such as where the subject of a contract is such that competitive proposals would be unavailing or would not produce an advantage, and the advertisement for competitive bids would thus be undesirable or impractical, or impossible, a public agency may dispense with competitive bidding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOYALTON, CALIFORNIA, AS FOLLOWS:
Section 1. The above Recitals are true and correct.
Section 2. The City dispense with competitive bidding for the 2017 FEMA Projects.
Section 3. The City approves that it may enter into an Agreement for the 2017 FEMA Projects with a contractor that is willing and able to complete the work.
PASSED AND ADOPTED this 19 day of July 2022, by the following vote:
AYES:
NOES:
ABSENT:
Sarah Jackson, Mayor
City of Loyalton
ATTEST: Kathy Le Blanc APROVED AS TO FORM:
City Clerk
City Attorney