“Our mission is to maintain the character of our “small town” community while striking an appropriate balance between economic development and preservation of our quality of life. We help create a dynamic and vital City by providing quality, cost-effective municipalservices and by forming partnerships with residents and organizationsin the constant pursuit of excellence.”
Page Item STANDING AGENDA ITEMS
1. Call to Order and Flag Salute
2. Roll call
3. Special Presentations & Announcements
4. Public Comment:
This time is set aside for citizens to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an agenda item noted on the regular agenda, please address the Council when that item is open for public comment. Each speaker is allocated three (3) minutes to speak. Speakers may not cede their time. Comments should be limited to matters within the jurisdiction of the City. Council discussion or action cannot be taken on items not listed on the agenda other than to receive comments. If you have documents to present to members of Council, please provide a minimum of seven (7) copies to the Deputy City Clerk.
5. Council and Staff Comments
6. Committee Updates:
a) Downtown Enhancement Advisory Committee
b) Library Tax Advisory Committee
c) Beautification Committee
d) Active Transportation Committee
Mt. Shasta City Council Regular Meeting Agenda
Mt. Shasta City Park Upper Lodge, 1315 Nixon Rd.
Monday, July 14, 5:30 p.m.
The meeting can also be viewed online at the
following link: MountShasta.22Ave.tv
CITY COUNCIL BUSINESS
7. Consent Agenda - The City Manager recommends approval of the following Consent Agenda items. All Resolutions and Ordinances on this agenda, or added hereto, shall be introduced or adopted, as applicable, by title only, and the full reading thereof is hereby waived. a. Approval of Minutes: June 23, 2025 Regular Meeting
b. Approval of Disbursements: Accounts Payable 06/23/25 and 7/2/2025; Total Gross Payroll and Taxes: For The Period Ending 6/26/25
c. Police Department Monthly Report
d. Approval of Snow Removal Ordinance: 2nd Reading
e. Rescind Ordinance CCR-25-05 to address use of phrase ‘in perpetuity’ Chamber Resolution
f. Dissolution of Snow Removal Ad Hoc Committee
8. Discussion: Development Impact Fees, Water and Wastewater Connection Fees Background: At the direction of City Council, an Ad Hoc Committee met between April and June of 2025 to review, discuss, and formulate recommendations for an update to the City’s fee structure.
Report By: Malisa Dodd, Finance Director
Recommended Council Action: Receive a briefing on Ad Hoc Committee recommendations
9. Budget Adjustment: 2025-26 Fiscal Year
Background: At the April 14th City Council meeting, the Council expressed interest in balancing the budget and requested that staff prepare a proposal for general fund spending cuts.
Report By: Malisa Dodd, Finance Director
Recommended Council Action: Review and consider the adoption of the proposed General Fund Budget Adjustment for Fiscal Year 2025-26
10. Waste Management Agreement (WM)
Background: City staff has been working with Waste Management on the renewal of our service agreement for waste collection, transport, and disposal services.
Report By: Todd Juhasz, City Manager
Recommended Council Action: Staff recommend that Council sign the new service agreement between the City of Mt Shasta and Waste Management (WM)
11. Parking District Pass: First Reading
Background: The Parking District Pass ordinance, which would create a paid program exempting Downtown District employees from the 2-hour parking time limit, is being re-introduced along with the changes requested by the Council at the June 9th City Council meeting.
Report By: Robert Gibson, Chief of Police
Recommended Council Action: Staff recommends that the City Council approve the adoption of the recommended amendment to Section 10.44 of the Municipal Code
12. Resolution Adopting Transportation Project List to be Funded Under SB1 Background: In order to receive SB 1 streets and roads funding in the coming fiscal year, the City must submit a list of eligible projects.
Report By: Ken Kellogg, Public Works Director
Recommended Council Action: Staff recommends that the City Council approve the proposed Resolution adopting a list of projects to be funded by Senate Bill 1 (SB 1) for FY 2025/26.
CITY COUNCIL/STAFF REPORTING PERIOD
13. Council Reports on Attendance at Appointed/Outside Meetings
14. Future Agenda Items (Appearing on the agenda within 60-90 days): None a. Master Fee Schedule Review
b. Public Hearing: Revocation of Business License
Future Agenda Items Over 90 Days: None
15. Adjourn
Availability of Public Records: All public records related to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at City Hall located at 305 North Mt. Shasta Blvd., Mt. Shasta, CA at the same time the public records are distributed or made available to the members of the legislative body. Agenda related writings or documents provided to a majority of the legislative body after distribution of the Agenda packet will be available for public review within a separate binder at City Hall at the same time as they are made available to the members of the legislative body.
The City of Mt. Shasta does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or provision of services. In compliance with the Americans with Disabilities Act, persons requiring accommodations for a disability at a public meeting should notify the City Clerk or Deputy City Clerk at least 48 hours prior to the meeting at
(530) 926-7516 in order to allow the City sufficient time to make reasonable arrangements to accommodate participation in this meeting.
Contents
Consent Agenda………………………………………………………………………..5
Approval of Minutes: June 23, 2025 Regular Meeting………………………………………5 Approval of Disbursements……………………………………………………………….10
Police Department Monthly Report……………………………………………………….16 Approval of Snow Removal Ordinance: Second Reading………………………………….27 Rescind Resolution CCR 25-05……………………………………………………………29
Dissolution of Snow Removal Ad Hoc Committee…………………………………………N/A Discussion: Development Impact Fees, Water and Wastewater Connection Fees…….30 Staff Report………………………………………………………………………………….30
Budget Adjustment: 2025-26 Fiscal Year………………………………………………33 Staff Report………………………………………………………………………………..33
May 12th General Fund Cut Proposal………………………………………………………..34 Final Proposal: Budget Adjustment Fiscal Year 2025-26…………………………………...37 Budget Adjustment Request Form………………………………………………………….41 Waste Management Agreement (WM)………………………………………………...42
Staff Report…………………………………………………………………………….…42
Agreement…………………………..……………………………………………………45
Parking District Pass: First Reading………………………………………………….104 Staff Report………………………………………………………………………………104
Proposed Amendment to Municipal Code…………………………………………………106 Resolution Adopting Transportation Project List to be Funded Under SB 1…………108 Staff Report ………………………………………………………………………………108
Proposed Resolution ………………………………………………………………………110
“Our mission is to maintain the character of our “small town” community while striking an appropriate balance between economic development and preservation of our quality of life. We help create a dynamic and vital City by providing quality, cost-effective municipalservices and by forming partnerships with residents and organizationsin the constant pursuit of excellence.”
Page Item STANDING AGENDA ITEMS
1. Call to Order and Flag Salute: At the hour of 5:30pm, Mayor Redmond called the meeting to order and led the audience in the Pledge of Allegiance.
2. Roll call
Councilmembers Present: Clure, Collings, Stackfleth, Glaubman, Redmond Councilmembers Absent: None
3. Special Presentations & Announcements: None
4. Public Comment:
Johanna Altorfer – Comments regarding car show, public outreach, and parking.
5. Council and Staff Comments
Todd Juhasz, City Manager – Comments regarding housing development efforts and ballot measure statistical research; answers Council questions.
Council discusses.
Robert Gibson, Chief of Police – Comments regarding knife attack, thanks members of the public for their support.
Ken Kellogg, Public Works Director – Comments regarding parking and roads, answers Council questions.
Mt. Shasta City Council Regular Meeting Minutes
Mt. Shasta City Park Upper Lodge, 1315 Nixon Rd.
Monday, J une 23, 5:30 p.m.
The meeting can also be viewed online at the
following link: MountShasta.22Ave.tv
5 6. Committee Updates:
a) Downtown Enhancement Advisory Committee
b) Library Tax Advisory Committee
c) Beautification Committee
d) Active Transportation Committee
Todd Juhasz, City Manager – Notes upcoming Downtown Enhancement Advisory Committee meeting.
CITY COUNCIL BUSINESS
7. Consent Agenda - The City Manager recommends approval of the following Consent Agenda items. All Resolutions and Ordinances on this agenda, or added hereto, shall be introduced or adopted, as applicable, by title only, and the full reading thereof is hereby waived. a. Approval of Minutes: June 9, 2025 Regular Meeting
b. Approval of Disbursements: Accounts Payable 6/5/25 and 6/9/25; Total Gross Payroll and Taxes: For The Period Ending 6/12/25
c. Monthly Investment Report
d. Fire Hazard Severity Zone Second Reading
Council Action:
Motion to Approve: Stackfleth
SECOND: Clure
AYES: Clure, Collings, Stackfleth, Glaubman, Redmond
NOES: None
ABSENT: None
ABSTAIN: None
8. Appropriation Limit
Malisa Dodd, Finance Director – Reports on annual appropriation limit.
MOTION: Stackfleth moves to approve Resolution Number CCR 25-18 A Resolution of the City Council of the City of Mt. Shasta Establishing an Appropriations Limit for The Fiscal Year 2025-2026 SECOND: Clure
AYES: Clure, Collings, Stackfleth, Glaubman, Redmond
NOES: None
ABSENT: None
ABSTAIN: None
6 9. Authorization for Green Dot Transportation Solutions to Seek Engineering Grant Todd Juhasz, City Manager – Reports on active transportation improvement efforts through Green Dot Transportation Solutions.
MOTION: Stackfleth moves to approve funding not to exceed $29,514 for Green Dot Transportation to prepare a grant application for engineering active transportation improvements on Lake Street SECOND: Clure
AYES: Clure, Collings, Stackfleth, Glaubman, Redmond
NOES: None
ABSENT: None
ABSTAIN: None
10. Humane Society Agreement
Todd Juhasz, City Manager – Reports on Humane Society negotiations, thanks Malisa Dodd, Finance Director.
Malisa Dodd, Finance Director – Answers Council Questions.
Austin Browder, Executive Director, Siskiyou County Humane Society – Answers Council Questions.
MOTION: Stackfleth moves to approve the agreement before us between the City of Mt Shasta and the Siskiyou Humane Society for the care, custody, and disposition of animals delivered to the animal shelter at a cost of $15,000 for 2025-26, $20,000 for 2026-27, and $30,000 for 2027-28.
SECOND: Clure
AYES: Clure, Collings, Stackfleth, Glaubman, Redmond
NOES: None
ABSENT: None
ABSTAIN: None
7 11. Chamber of Commerce Funding
Todd Juhasz, City Manager – Reports on the resolution approved by the Council on January 27th to fund the Chamber of Commerce.
Public Comment:
Allison Carpenter – Comments in support of the Chamber of Commerce.
Kaila Burns, Executive Director, Chamber of Commerce – Comments in support of a scope of work contract, answers Council questions
Johanna Altorfer – Comments in opposition to funding the Chamber of Commerce Member of The Public – Comments on Chamber of Commerce and Visitors Bureau’s roles MOTION: Stackfleth moves to approve an agreement between the City of Mount Shasta and the Mount Shasta Chamber of Commerce for operations of the Mount Shasta Visitors Center and promotional and marketing services. This agreement is made and entered into the first day of July 2025.
The funding is for the Fiscal Year 25-26, by and between the City of Mount Shasta, (hereinafter the “City,” municipal corporation) and the Mount Shasta Chamber of Commerce, (hereinafter the “Chamber”).
SECOND: Clure
AYES: Clure, Collings, Stackfleth, Glaubman, Redmond
NOES: None
ABSENT: None
ABSTAIN: None
12. Snow Removal Ordinance
Mayor Redmond – Recuses himself from agenda item 12, Snow Removal Ordinance, and leaves the meeting.
Ken Kellogg, Public Works Director – Reports on proposed Snow Removal Ordinance.
Public Comment: None
MOTION: Stackfleth moves to approve the first reading of City Ordinance Number CCO 25-2 Ordinance of the City of Mt. Shasta Amending Chapter 12.24 Snow Removal by Amending Sections 12.24.070,
12.24.075, 12.24.080, and 12.24.090, and Adding Sections 12.24.095, 12.24.100, and 12.24.110 To Establish a Downtown Snow-Removal District and Provide Procedures for Snow Removal and Cost Recovery, by title only
SECOND: Clure
AYES: Clure, Collings, Stackfleth, Glaubman
NOES: None
ABSENT: Redmond
ABSTAIN: None
8 CITY COUNCIL/STAFF REPORTING PERIOD
13. Council Reports on Attendance at Appointed/Outside Meetings None
14. Future Agenda Items (Appearing on the agenda within 60-90 days): None a. Dissolution of the Snow Removal Ad Hoc Committee
b. Goal Setting Workshop
c. Master Fee Schedule Review
d. Public Hearing: Master Fee Schedule Review
e. Public Hearing: Parking
f. Public Hearing: Snow Removal Ordinance
g. Budget Adjustment
h. Epic Wireless Lease Agreement
i. Humane Society Contract Renewal
j. Council Workshop
k. Presentation: Caste Discrimination
15. Adjourn There being no further business, the meeting was adjourned at 6:30pm Respectfully Submitted By: Rachel Agron, Deputy City Clerk 9 City Council Agenda Item #7b
Staff Report
Meeting Date: July 14, 2025
To: Mayor and City Council
From: Malisa Dodd, Finance Director
Subject: Approval of Warrants and Payroll
Recommendation:
Staff requests the Mayor and City Council Approve warrants paid including payroll benefits and withholding, and payroll distribution, in the amount of $653,109.73 Background & Summary:
Approval of Check Numbers 53880-53966 $ 407,138.36
Total Payroll Distribution $ 91,970.11
Total EFTPS – CalPERS, Nationwide, child support $ 28,940.50 Total Payroll EFTPS Taxes $ 41,151.89
$ 653,109.73
Financial Impacts:
Expenditures are consistent with current level spending as reviewed with City Council.
Attachments:
1.) Check Registers – 6/23/25, 7/2/25
2.) ACH Payroll Distribution – 6/26/2025
3.) EFTPS Reports – Payroll/CalPERS – 6/26/2025
Regular
x Consent
Closed
Presentation
10 Accounts Payable
User:
Printed:
[email protected]
7/8/2025 7:44 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
53880 10229 AMAZON CAPITAL SERVICES 06/23/2025 307.04
53881 10338 APEX TECHNOLOGY MANAGEMENT 06/23/2025 9,986.35 53882 10404 AT&T 06/23/2025 553.26
53883 10402 AT&T MOBILITY FIRSTNET 06/23/2025 1,741.05
53884 300201 AWFAB WORKS 06/23/2025 250.00
53885 11156 YOLANDE DIEDRE BELL 06/23/2025 177.36
53886 12213 CAL-ORE COMMUNICATIONS 06/23/2025 2,690.95
53887 12446 JOHN CHANDLER 06/23/2025 367.25
53888 13251 DEVELOPMENT COMPLIANCE SOLUTIONS 06/23/2025 3,990.00 53889 13224 DRY CREEK LANDFILL INC 06/23/2025 1,682.26
53890 15031 FERGUSON WATERWORKS FEI #3011 06/23/2025 510.06 53891 15221 FRIENDS OF THE MT SHASTA LIBRARY06/23/2025 11,682.12 53892 16030 GANNETT CALIFORNIA LOCALIQ 06/23/2025 194.00 53893 300132 Green DOT Transportation Solutions 06/23/2025 25,656.00 53894 17100 HEATON STEEL & SUPPLY 06/23/2025 97.35
53895 18000 IDEXX LABORATORIES 06/23/2025 1,310.57
53896 22140 KENNY & NORINE 06/23/2025 4,388.50
53897 300107 Laboratory Corporation of American Holdings06/23/2025 27.00 53898 21169 PIERCE LOBBAN 06/23/2025 206.23
53899 22071 MENDES SUPPLY COMPANY 06/23/2025 268.05
53900 22059 MERCY MEDICAL CENTER - CASHIER 06/23/2025 39.00 53901 300202 JEFF MITCHEM 06/23/2025 106.40
53902 28120 NAPA AUTO PARTS 06/23/2025 643.49
53903 23079 NOLL & TAM ARCHITECTS 06/23/2025 23,454.00
53904 300111 Norco Inc 06/23/2025 394.03
53905 23058 NORTHSTATE ASPHALT 06/23/2025 1,075.18
53906 24000 OFFICE DEPOT 06/23/2025 257.51
53907 11140 PACE ANALYTICAL SERVICES LLC 06/23/2025 142.40 53908 25020 PACE ENGINEERING INC 06/23/2025 9,240.25
53909 25160 POSTMASTER 06/23/2025 2,000.00
53910 300087 PRIMO BRANDS 06/23/2025 52.47
53911 28372 SISKIYOU COUNTY ECONOMIC DEVELOPMENT COUNCIL 06/23/2025 6,862.16 53912 28378 SISKIYOU COUNTY GENERAL SERVICES06/23/2025 580.40 53913 28466 SISKIYOU COUNTY TOURISM IMPROVEMENT DISTRICT 06/23/2025 13,661.79 53914 28640 SOUSA READY MIX LLC 06/23/2025 1,801.54
53915 28740 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 06/23/2025 683.00 53916 28815 STERLING HEALTH ADMINISTRATION 06/23/2025 200.00 53917 29140 TIMBERWORKS 06/23/2025 3,765.00
53918 31023 VALLEY PACIFIC PETROLEUM 06/23/2025 10,043.50 53919 31031 VESTIS 06/23/2025 613.68
53920 10014 A CUT ABOVE TREE SERVICE INC 07/02/2025 525.00 53921 300179 ALUMLCHEM USA INC 07/02/2025 7,013.45
53922 10229 AMAZON CAPITAL SERVICES 07/02/2025 321.80
53923 11156 YOLANDE DIEDRE BELL 07/02/2025 400.80
53924 13059 DAY MANAGEMENT CORP DAY WIRELESS SYSTEMS 07/02/2025 744.50 53925 13251 DEVELOPMENT COMPLIANCE SOLUTIONS 07/02/2025 13,590.00 53926 13241 DOWN RANGE 07/02/2025 621.25
AP Checks by Date - Summary by Check Number (7/8/2025 7:44 AM) Page 1 11 Check No Vendor No Vendor Name Check Date Check Amount 53927 15010 FASTENAL COMPANY 07/02/2025 82.43
53928 15168 FIRST RESPONDER OUTFITTERS 07/02/2025 4,390.28 53929 16180 GREAT NORTHERN CORPORATION 07/02/2025 2,200.67 53930 300132 Green DOT Transportation Solutions 07/02/2025 3,334.50 53931 20003 JONES CARPET CLEANING & JANITORIAL LLC 07/02/2025 800.00 53932 20063 KENNYS LOCKSHOP 07/02/2025 100.00
53933 300173 KIMLEY-HORN & ASSOCIATES INC 07/02/2025 23,489.63 53934 300150 LIEBERT CASSIDY WHITMORE 07/02/2025 2,781.00 53935 22162 MERCIER ELECTRIC 07/02/2025 407.50
53936 22059 MERCY MEDICAL CENTER - CASHIER 07/02/2025 2,037.00 53937 22343 MT. SHASTA POINT S TIRE & AUTO 07/02/2025 30.00 53938 23023 NATIVE GROUNDS NURSERY AND LANDSCAPE INC 07/02/2025 251.81 53939 24000 OFFICE DEPOT 07/02/2025 426.73
53940 11140 PACE ANALYTICAL SERVICES LLC 07/02/2025 2,293.40 53941 25080 PACIFIC POWER & LIGHT 07/02/2025 19,630.44
53942 25100 PAPE' MACHINERY INC 07/02/2025 5,243.20
53943 25121 PITNEY BOWES INC 07/02/2025 214.98
53944 25201 PLANWEST PARTNERS INC. 07/02/2025 1,906.25
53945 27023 RAMSHAW'S TOWING INC 07/02/2025 152.00
53946 27040 RAY-MAC MECHANICAL INC 07/02/2025 414.14
53947 28372 SISKIYOU COUNTY ECONOMIC DEVELOPMENT COUNCIL 07/02/2025 3,000.00 53948 28660 SPRINGBROOK HOLDING COMPANY 07/02/2025 2,640.00 53949 28686 MICHAEL STASZEL DO 07/02/2025 125.00
53950 28815 STERLING HEALTH ADMINISTRATION 07/02/2025 1,162.50 53951 29011 TEAMSTERS LOCAL 137 07/02/2025 1,923.68
53952 30069 US BANK CORPORATE PAYMENT SYS 07/02/2025 8,976.02 53953 31050 VERIZON CONNECT FLEET USA LLC 07/02/2025 35.00 53954 15194 22ND AVENUE ENTERTAINMENT LOGISTICS 07/02/2025 2,250.00 53955 13222 ALLIANT INSURANCE SERVICES INC 07/02/2025 45,984.33 53956 300126 Aveva Select 07/02/2025 3,850.00
53957 12576 CIVICPLUS 07/02/2025 7,924.77
53958 12640 COLONIAL LIFE & ACCIDENT INSUR 07/02/2025 299.22 53959 13062 DCS TESTING & EQUIPMENT INC 07/02/2025 2,760.00 53960 13071 DELTA HEALTH SYSTEMS 07/02/2025 40,257.00
53961 16133 GOVOS, INC 07/02/2025 32,250.12
53962 28280 HUE & CRY SECURITY SYSTEMS INC 07/02/2025 140.22 53963 22108 MISSION COMMUNICATIONS LLC 07/02/2025 3,380.40 53964 28480 SISKIYOU HUMANE SOCIETY 07/02/2025 15,000.00 53966 30069 US BANK CORPORATE PAYMENT SYS 07/02/2025 76.14 Report Total (86 checks): 407,138.36
AP Checks by Date - Summary by Check Number (7/8/2025 7:44 AM) Page 2 12 From: Tri Counties Bank
To: Malisa Dodd
Subject: Tri Counties Bank - ACH Payment Status Change Notification Date: Wednesday, June 25, 2025 3:05:46 PM
ACH Notification
Report Date/Time 06/25/25 15:05:13 PDT
This transaction has been successfully completed.
Transaction Number: ACH-01693173
ACH Company: City Mt Shasta
Company Entry Description: PAYROLL
Payment Date: 06/26/2025
Total Credits: $91,970.11 (46)
Total Debits: $0.00 (0)
Status: Completed
13 User:
Printed: 06/26/2025 - 9:19AM
[email protected]
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00005.06.2025 - 06/09/25-06/22/25 Payroll
Invoice No Description Amount Pmt Date Acct Number Reference Vendor: 300160 CalPERS Check Sequence: 1 ACH Enabled: True PR Batch 00002.06.2025 PERS Police PEPRA 2,390.57 06/25/2025 10-000-2150 PR Batch 00002.06.2025 PERS Police PEPRA PR Batch 00002.06.2025 PERS Fire Classic 278.85 06/25/2025 10-000-2150 PR Batch 00002.06.2025 PERS Fire Classic PR Batch 00002.06.2025 PERS Police Classic 1,624.55 06/25/2025 10-000-2150 PR Batch 00002.06.2025 PERS Police Classic PR Batch 00002.06.2025 PERS Police Classic 716.69 06/25/2025 10-000-2150 PR Batch 00002.06.2025 PERS Police Classic PR Batch 00002.06.2025 PERS Fire PEPRA 1,562.89 06/25/2025 10-000-2150 PR Batch 00002.06.2025 PERS Fire PEPRA PR Batch 00002.06.2025 PERS Miscellaneous Classic 665.81 06/25/2025 10-000-2150 PR Batch 00002.06.2025 PERS Miscellaneous Classic PR Batch 00002.06.2025 PERS Miscellaneous Classic 1,151.91 06/25/2025 10-000-2150 PR Batch 00002.06.2025 PERS Miscellaneous Classic PR Batch 00002.06.2025 PERS Fire Classic 634.82 06/25/2025 10-000-2150 PR Batch 00002.06.2025 PERS Fire Classic PR Batch 00002.06.2025 Deferred Comp PERS 1,525.00 06/25/2025 10-000-2155 PR Batch 00002.06.2025 Deferred Comp PERS PR Batch 00002.06.2025 PERS Police PEPRA 2,388.83 06/25/2025 10-000-2150 PR Batch 00002.06.2025 PERS Police PEPRA PR Batch 00002.06.2025 PERS FIre PEPRA 1,561.74 06/25/2025 10-000-2150 PR Batch 00002.06.2025 PERS FIre PEPRA PR Batch 00002.06.2025 PERS Miscellaneous PEPRA 5,149.80 06/25/2025 10-000-2150 PR Batch 00002.06.2025 PERS Miscellaneous PEPRA PR Batch 00002.06.2025 PERS Miscellaneous PEPRA 5,229.58 06/25/2025 10-000-2150 PR Batch 00002.06.2025 PERS Miscellaneous PEPRA Check Total: 24,881.04
Vendor: 300177 EDD ACH Check Sequence: 2 ACH Enabled: True PR Batch 00002.06.2025 State Disability Insurance 1,550.25 06/25/2025 10-000-2140 PR Batch 00002.06.2025 State Disability Insurance PR Batch 00002.06.2025 State Income Tax 5,107.33 06/25/2025 10-000-2130 PR Batch 00002.06.2025 State Income Tax Check Total: 6,657.58
Vendor: 300159 Expertpay Check Sequence: 3 ACH Enabled: True PR Batch 00002.06.2025 Garnishment 1,149.46 06/25/2025 10-000-2184 PR Batch 00002.06.2025 Garnishment Check Total: 1,149.46
Vendor: 300158 IRS Check Sequence: 4 ACH Enabled: True
AP-Computer Check Proof List by Vendor (06/26/2025 - 9:19 AM) Page 1 14 Invoice No Description Amount Pmt Date Acct Number Reference PR Batch 00002.06.2025 Federal Income Tax 13,315.47 06/25/2025 10-000-2120 PR Batch 00002.06.2025 Federal Income Tax PR Batch 00002.06.2025 Medicare Employer Portion 2,007.16 06/25/2025 10-000-2110 PR Batch 00002.06.2025 Medicare Employer Portion PR Batch 00002.06.2025 Medicare Employee Portion 2,007.16 06/25/2025 10-000-2110 PR Batch 00002.06.2025 Medicare Employee Portion PR Batch 00002.06.2025 FICA Employee Portion 8,582.26 06/25/2025 10-000-2110 PR Batch 00002.06.2025 FICA Employee Portion PR Batch 00002.06.2025 FICA Employer Portion 8,582.26 06/25/2025 10-000-2110 PR Batch 00002.06.2025 FICA Employer Portion Check Total: 34,494.31
Vendor: 300161 Nationwide Check Sequence: 5 ACH Enabled: True PR Batch 00002.06.2025 Deferred Comp Nationwide 2,910.00 06/25/2025 10-000-2155 PR Batch 00002.06.2025 Deferred Comp Nationwide Check Total: 2,910.00
Total for Check Run:
Total of Number of Checks:
70,092.39
5 AP-Computer Check Proof List by Vendor (06/26/2025 - 9:19 AM) Page 2 15 Department Statistics
Calls for Service June 2024 June 2025 Change
941 752 -20.08%
Cases Taken June 2024 June 2025 Change
45 37 -17.77%
Arrests Made June 2024 June 2025 Change
21 8 -61.90%
941 973
808 780 745
558 549 586 486 578 613 678 752
0 200
400
600
800
1000
1200
Calls for Service
Calls for Service
45 58 66
40 46
36 39 40
27 35 27 34 37
0 20
40 60
80 Cases Taken
Cases Taken
21 19
31 14 14 18 23 24
9 17 14 13 8
0 10
20 30
40 Arrests Made
Arrests Made
16 Warrant Arrests June 2024 June 2025 Change
8 3 -62.5%
Top 5 Calls
June 2024 June 2025
Check Welfare- Person 33 Outside Assist 46
Medical 30 Alarm 24
Out w/a Person 26 Public Assist 18
Out w/a Vehicle 23 Medical 17
Alarm 22 Trespassing 15
8 7
10 5
4 6
7 7
3 5
6 4
3 0
2 4
6 8
10 12
Warrant Arrests
Warrant Arrests
0 5 10 15 20 25 30
6/1/2024
7/1/2024
8/1/2024
9/1/2024
10/1/2024
11/1/2024
12/1/2024
1/1/2025
2/1/2025
3/1/2025
4/1/2025
5/1/2025
6/1/2025
Yearly Top 5 Calls ⥐ʞ 2024-2025
Animal Complaint Disturbing the Peace Suspicious Circumstances Suspicious Vehicle Suspicious Person 17 Crime Statistics
Crimes
June 2024 June 2025 Change June 2024- June 2025
Yearly Total
Assault – Physical 3 4 +33% 39
Assault – Verbal 0 3 -300% 11
Disturbing the Peace 18 13 -27.77% 133
Domestic Disturbance 0 0 0% 6
Domestic Violence 1 0 -100% 24
Fraud 1 1 0% 11
Public Intoxication 1 0 -100% 24
Stolen Vehicle 0 1 +100% 5
TC Hit & Run 1 0 -100% 16
Theft from Vehicle 0 0 0 0
Theft – Grand 1 3 +200% 13
Theft – Petty 10 2 -80% 37
Theft – Shoplifting 0 0 0 0
Trespassing 17 16 -5.88% 251
Vandalism 7 1 -85.71% 55
3 4
2 6
4 3 2 3
1 1 2
4 4
0 5
10 Assault - Physical
Assault - Physical
0 0 0 0 0 0 0
2 4
0 2
0 3
0 2
4 6
Assault - Verbal
Assault - Verbal
18 25
15 12 9 5 3 5 5
10 5 8
13 0
10 20
30 Disturbing the Peace
Disturbing the Peace
18 0
1 1
0 1 1
0 1 1
0 0 0 0 0
0.5 1
1.5 Domestic Disturbance
Domestic Disturbance
1 1
4 2
5 0
3 3 3
0 1 1 0 0
2 4
6 Domestic Violence
Domestic Violence
1 1
0 1 1
2 1
0 1 1 1
0 1
0 1
2 3
Fraud
Fraud
1 4 4
1 2
1 1
2 2 2 2 2
0 0
2 4
6 Public Intoxication
Public Intoxication
0 2
0 0 0 0
1 0
1 0 0 0
1 0
1 2
3 Stolen Vehicles
Stolen Vehicles
19 1
0 2
3 1 1 1
2 2
0 1
2 0 0
2 4
Traffic Collisions - Hit & Run
Traffic Collisions - Hit & Run
0 0 0 0 0 0 0 0 0 0 0 0 0 0
0.5 1
Theft from Vehicle
Theft from Vehicle
1 2 2
1 3
0 0 0 0
1 0 0
3 0
2 4
Theft - Grand
Theft - Grand
10 6
3 3 3 1 1 2 2 4
0 0 2 0
5 10
15 Theft - Petty
Theft - Petty
0 0 0 0 0 0 0 0 0 0 0 0 0 0
0.5 1
Theft - Shoplifting
Theft - Shoplifting
20 17
34 38 35
26 16 11
4 9
17 13 15 16
0 20
40 Trespassing
Trespassing
7 1
0 13 11
2 4
3 1
7 1
4 0
1 5
10 15
Vandalism
Vandalism
21 Traffic Summary
June 2024 June 2025 Change
Traffic Stops 134 73 -45.52%
Traffic Citations Issued 26 27 +3.84%
Traffic Collisions
June 2024 June 2025 Change June 2024- June 2025
Yearly Total
TC – DUI 0 0 0% 1
TC – Hit & Run 1 0 -100% 16
TC – Info Exchange 8 5 -37.5% 46
TC - Injury 1 1 0% 5
Total 10 6 -40% 68
134
114 121 120 110 121
102
160
84 112
94 62 73
26 20 27
9 14 23 16 14 5 15 6 12 27
0 50
100
150
200
Traffic Stops
11-95 Traffic Citations Issued
0 0 0 0 0 0 0 0
1 0 0 0 0
1 0
2 3
1 1 1
2 2
0 1
2 0
8 4
3 2
5 3 3
2 6
2 2
1 5
1 2
0 0 0
1 0 0 0 0 0 0
1 0
1 2
3 4
5 6
7 8
9 Traffic Collisions
TC - DUI Hit & Run TC - Info Exchange TC - Injury
22 Traffic Accident Location Summary
06/02/2025 TC Information Exchange-305 S Mt Shasta Blvd-Non-injury, information exchanged, log information only.
06/11/2025 TC Injury- N Mt Shasta Blvd at Chestnut St- Vehicle Vs Bicyclist with injuries, case taken. 06/13/2025 TC Information Exchange- 1011 S Mt Shasta Blvd-Non-injury, information exchanged, log information only.
06/15/2025 TC Information Exchange- 305 S Mt Shasta Blvd- Non-injury, information exchanged, log information only.
06/18/2025 TC Information Exchange- I-5 at Louie Rd-Non-injury, outside assist, case taken. 06/20/2025 TC Information Exchange- 160 Morgan Wy- Non-injury, information exchanged, log information only.
DUI Summary
June 2024 June 2025 Change
DUI Complaints NA NA NA
DUI Arrests 0 1 +100%
* DUI Complaints no longer tracked in new CAD system as of 11/01/2022. 0 0
7 0
5 4 4
7 2
3 2
1 1 0
2 4
6 8
DUI Summary
DUI Complaints DUI Arrests
23 Patrol Information
Foot Patrol
June 2024 June 2025 Change June 2024- June
2025 Yearly Total
33 19 --42.42% 232
Frequent foot patrol areas include:
• City Park
• Shastice Park
• Downtown Mount Shasta
• Roseburg Property
• Behind commercial business
such as Ray’s Food Place, the
Cinema, and Rite Aid
• Dense brush areas in multiple
residential areas.
33 31 28
15 21
9 5
21 4 9
22 15 19
0 20
40 Foot Patrol
Foot Patrol
24 Municipal Summary
Municipal Calls for Service
June 2024 June 2025 June 2024- June 2025
Yearly Total
Muni Code – Other 7 5 110
Muni Code - Parking 15 7 118
Total 27 12 228
LiveScans June 2024 June 2025
19 26
Court Activity
7 20
8 14
10 7 5 6
3 2
13 10
5 15 17
10 22
9 7
1 4 3 3
11 9 7
0 5
10 15
20 25
Municipal Calls for Service
Muni Code - Other Muni Code - Parking
0 2 3 4
0 0 1 0 0 1
4 3
0 0
5 Court Activity
Court Activity
25 Social Media
Facebook
Followers Posts Reach Engaged Users Reactions
13,234 24 354,801 Not Available 1899
Twitter
Followers Tweets Impressions Mentions
390 0 0 0
Instagram
Followers Posts Likes
2212 16 429
Nextdoor
Posts Impressions Reactions
0 0 0
26 ORDINANCE NO. ____________
ORDINANCE OF THE CITY OF MT. SHASTA AMENDING
CHAPTER 12.24 SNOW REMOVAL BY AMENDING
SECTIONS 12.24.070, 12.24.075, 12.24.080, AND 12.24.090, AND ADDING SECTIONS 12.24.095, 12.24.100, AND 12.24.110
TO ESTABLISH A DOWNTOWN SNOW-REMOVAL DISTRICT AND
PROVIDE PROCEDURES FOR SNOW REMOVAL AND COST RECOVERY
The City of Mt. Shasta Municipal Code Section 12.24.070, et seq. is amended as follows:
12.24.070 Declaration of intent.
The City Council finds that the clearing of snow from the sidewalks, roadway, and center median in the Snow Removal District directly benefits businesses by providing cleared parking and safer conditions for vehicles and pedestrians.
12.24.075 District boundaries.
The Downtown Snow Removal District ("District") boundaries are established and is bounded by Alma Street to the north, Water Street to the south, Maple Street to the west and Chestnut Street to the east. The District includes all segments of Mt. Shasta Blvd., Chestnut Street, Castle Street, and Lake Street within those boundaries. See Exhibit A.
12.24.080 Snow removal.
The City shall remove snow from sidewalks and the streets within the District with city-owned equipment and workforce at times deemed appropriate based on weather conditions, workforce availability, and the availability of snow removal equipment.
12.24.090 Cost incurred.
The City will seek the recovery of the actual cost of removing snow within the District. These costs will include staff time, equipment, and contracted services utilized to remove snow billed after the previous winter season. The billed costs will include only those snow removal services provided within the boundaries of District.
12.24.095 Schedule of charges.
At the conclusion of each snow season, the City Manager shall determine the cost incurred for snow removal within the District. The City Manager will prepare a schedule of costs to be charged to each business within the district by determining the percentage of floor space each business contributes to the total square footage in the district. The floor space used in this calculation will be indicated on each business license renewal. A maximum reimbursement rate of $0.20/SF is hereby established. The City Council of the City of Mt. Shasta shall adjust the maximum reimbursement rate by resolution as they deem necessary.
12.24.100 Council approval, billing, and payment.
The City Council shall consider the adoption of fees at a public hearing. Fees adopted will be sent by mail to businesses using the address(es) shown on the respective business license renewals. Payment will be due thirty (30) days after the bill is mailed. Delinquent bills will be charged a late fee of 10% per month compounded.
27 12.24.110 Constitutionality/severance.
If any section, subsection, sentence, clause, or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The Council declares that it would have passed this code, and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases had been declared invalid, unconstitutional, or otherwise unenforceable, and in such event the remainder hereof shall be in full force and effect.
The foregoing Ordinance was adopted at the regular meeting of the City Council of the City of Mt. Shasta held on _____ day of ______________, 202____, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF MT. SHASTA
_______________________________
John Redmond, Mayor
ATTEST: FORM APPROVED:
_______________________________ _________________________________ Rachel Agron, Deputy City Clerk John Sullivan Kenny, City Attorney 3737
4902-5012-9156, v. 1
28 RESOLUTION CCR-25-XX
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
RESCINDING RESOLUTION CCR 25-05, WHICH APPROVED BUDGET
ADJUSTMENTS FOR THE CITY’S ANNUAL CONTRIBUTION TO THE MOUNT
SHASTA CHAMBER OF COMMERCE
IN PERPETUITY FOR THE AMOUNT OF $75,000
WHEREAS, on January 27th 2025, the City Council adopted Resolution CCR 25-05, which granted annual funds in the amount of $75,000 to the Mount Shasta Chamber of Commerce; and WHEREAS, the resolution granted these funds “in perpetuity”; and WHEREAS, this verbiage would restrict and limit the actions of future City Councils; and WHEREAS, the City of Mount Shasta is preparing to enter into a new annual contract with the Mount Shasta Chamber of Commerce;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mt. Shasta that Resolution CCR 25-05 is hereby rescinded .
The foregoing resolution was passed and adopted this 14th day of July, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: July 14th, 2025
ATTESTED: CITY OF MOUNT SHASTA
______________________________ _________________________________ Rachel Agron, Deputy City Clerk John Redmond, Mayor
29 City Council Agenda Item #8
Staff Report
Meeting Date: July 14, 2025
To: Mayor and City Council
From: Malissa Dodd, Finance Director
Subject: Briefing: City Fee Update
Recommendation:
Receive a briefing on Ad Hoc Committee recommendations and provide direction to staff as necessary.
Summary:
At the direction of City Council, an Ad Hoc Committee (Mayor Redmond, Councilmember Glaubman and Staff) met (April – June 2025) to review, discuss, and formulate recommendations for an update to the City’s fee structure.
Please review the following Ad Hoc Committee recommendations and provide direction to Staff:
• Discounts for Development Impact fees, Water Connection fees, and Sewer Connection fees:
o Maintain existing 75% discount for FY 24/25.
o Reduce discount to 50% for FY 25/26.
o Reduce discount to 25% for FY 26/27.
o Eliminate discount for FY 27/28.
• Identify funding for the following studies:
o Impact Fee Study - the previous study was conducted in 2009 by PMC. Consultant cost for the study range from $20K to $100K.
o WW Utility Rate Study - the previous was study was conducted in 2017 and updated in 2020, the current study outlines fees through FY26/27 X Regular
Consent
Closed
Presentation
30 o Water Utility Rate Study – the previous was conducted in 2022, the current study outlines fees through FY26/27
Background:
To operate within industry best practices, three key principles should guide Mt. Shasta’s fee schedule:
(1) Periodic Updates. Avoidance of large increases from time to time by providing for annual escalators and adopting smaller periodic increases as necessary. (2) Actual Costs. Establishment of fees that are reflective of the City’s actual costs and are reasonable and proportionate to the services provided.
(3) Community Support. Ensure communication that City policies and programs are intended to support the community we serve and we value stakeholder understanding and feedback.
Since the passage of Proposition 26, fees must (1) not exceed the cost of providing services; and, (2) be proportional to the services customers receive. Included in the analysis of each of the proposed fees changes below is an explanation of the proposed change in compliance with Proposition 26. The fees proposed to be amended are as follows:
• Citywide Service/Reimbursement fees: The City provides a combination of public services and specific services. As defined in the Government Finance Officer’s Association publication, Financial Policies: Design and Implementation, a “public” service is one in which a citizen cannot choose to be excluded or one which delivers a benefit to the general public. For example, routine police patrols are a public service (one which provides a public good and which an individual citizen cannot opt out of) whereas police presence at a special event, such as a concert, would be a specific service. The purpose of this fee category is to recover costs pertaining to the services that are of special benefit to easily identified individuals or groups. These fees will not apply to public services.
Reimbursement Formula. The reimbursement rate formula is based on the total cost of delivering the services, including direct costs such as salaries and benefits, indirect costs such as departmental administration costs, and citywide support costs such as accounting, personnel, data processing, vehicle maintenance, and insurance. All fees are calculated using hourly rates. A fee as a means of cost recovery for a special service/reimbursement is calculated factoring hourly salary and benefit rate (top step), plus maintenance and operations expense as calculated using the hourly salary and benefit rate, plus indirect costs (General Support Services Costs) calculated to arrive at the hourly service fee. 31 Example:
$___ – hourly and benefit rate (derived from productive hours) +$___ – Department Operating Expense
+$___ – Indirect Costs: General Support Services Cost
=$____ – hourly service fee
• Water and Sewer Connection Fees. City Council approved Resolution CCR-17-79 reducing Water and Sewer Connection Fees by 75%. Prior to the reduction, connection fees for a single-family dwelling were $14,533 for sewer and $11,774 for water. Current fees with the reduction are $4,866 for sewer and $3,942 for water. • Development Impact Fees (Public Works, Fire, Police). The current impact fee structure is based on a study adopted by City Council in January 2009. City Council approved Resolution CCR-18-18 upholding a Development Impact Fees (DIF) reduction by 75%. Prior to the reduction, DIF was $5,225 per unit. Current fees with the reduction are $1,306. • Planning and Building Fees. Fees for the planning and building services were last updated in FY 21/22 and ensure full-cost recovery with a provision to cover actual costs that are recoverable prior to issuance of any permit associated with the proposed project.
Financial Impact:
The primary goal of the fee update is to maximize fee recovery on city services and programs.
Whenever fee recovery falls short, the fiscal burden shifts to the General Fund where general tax revenues are needed to subsidize the fee gap. Estimated revenues will be part of the (midyear / end-year) budget for the applicable Fiscal Year.
Environmental:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA) and is therefore not subject to review under CEQA. CEQA defines a “project” as an activity that (1) is a discretionary action by a governmental agency and (2) will either have a direct or reasonably foreseeable indirect impact on the environment. (Pub. Res. Code, § 21065.) Though a discretionary action, amending the existing parklet ordinance to add design criteria constitutes activity not capable of causing a direct or reasonably foreseeable indirect physical change in the environment as the ordinance does not permit, concentrate, nor shift development within the City of Mt Shasta. 32 City Council Agenda Item #9
Staff Report
Meeting Date: July 14, 2025
To: Mayor and City Council
From: Malisa Dodd, Finance Director
Subject: Rebudgeting of Fiscal Year 2025/26
Recommendation: Review and consider the adoption of the attached General Fund Budget Adjustment
Background & Summary: At the April 14th City Council meeting, the Council expressed interest in balancing the budget and requested that staff prepare a proposal for general fund spending cuts. The attached proposal curb general fund spending.
X Regular
Consent
Closed
Presentation
33 General Fund Revenue
Revenue 2025-2026 Adopted 2025-2026 Projection
Sales Tax $2,306,511 $1,500,000
TOT $1,614,800 $1,614,800
Property $849,745 $849,745
Vehicle $438,875 $438,875
Business Lic $112,400 $90,000
Cannabis $116,598 $116,598
Franchise $90,000 $105,000
*Administrative Alloc to EF $363,000 $363,000
Other** $51,047 $55,000
Total $5,942,976 $5,133,018
Long Term Expenses
Agency Expense Term End Date 25-26 Adopted 25-26 Adjusted USBank
2019 Solar Revenue
Bond - CY
8/1/2044 $78,204 $63,587
PERS (Total $414,637) Unfunded Liability-CY $250,000 $461,255 Total $328,204 $524,842
$5,614,772 $4,608,176
Elected Officials
Department 25-26 Adopted 25-26 Adjusted
City Council – 300 (proposed
increase in 25-26 adopted) $32,997 $20,887
City Clerk – 515 $30,361 $11,734
Total $63,358 $32,621
$5,551,414 $4,575,555
Community Supports
Agency 25-26 Adopted 25-26 Adjusted
Siskiyou Economic
Development Council $36,000 $36,000
The Ascension Aesthetic $0 $38,400
SORA $5,000 $5,000
Mount Shasta Museum $5,000 $5,000
Mount Shasta Chamber
of Commerce $65,000 $75,000
City Operating Exp - 740 $12,864 $20,000
County of Siskiyou $0 $1,440
Total $123,864 $180,840
$5,427,550 $4,394,715
Total Expense as a % of General Fund Revenue 2.2% 3.8%
Contracts for Services
Agency 25-26 Adopted 25-26 Adjusted
DevCom Solutions $80,000 $105,000
Misc Other $5,000 $5,000
Siskiyou Humane Society $0 $15,000
Apex Technology $68,000 $110,000
Kenny & Norine $60,000 $60,000
22nd Avenue $19,300 $25,500
Charles W Pillon $46,750 $46,750
Total $279,050 $367,250
$95,000 $95,000
$5,243,500 $4,122,465
Total Expense as a % of General Fund Revenue 5.0% 7.7%
Christmas Tree, Plaza and Park service
General Fund Available After Long Term Expenses
Expenses
Stipend, Training & Travel, Lodge Rental
Stipend, Public Notices, Election Expense
General Fund Available After Elected Expenses
Expense
Visit Mount Shasta Marketing Contract
General Fund Available After Contracted Expense
NorCal Continuum of Care- Homeless
General Fund Available After Community Support
Expense
Building Inspection Services
Public Disc, PP Development, CDIAC Reporting
Animals found or seized within the city limits
IT Services
Legal Services
Meeting Support
Auditor
Building Permit Revenue
5/6/2025 6:48 AM
34 Operating Expenses
Agency 25-26 Adopted 25-26 Adjusted
City Buildings & Grounds -
770 $73,584 $90,945
SCORE $354,535 $354,535
CivicPlus City Website $0 $4,996
GovOS $0 $32,252
GovInvest $0 $12,915
Springbrook $52,925 $36,666
Amazon Web Services RDS Servers $0 $36,656
Misc Other Expenses Adobe, Internet $0 $14,697
Total $481,044 $583,662
$4,762,456 $3,538,803
Total Expense as a % of General Fund Revenue 8.6% 12.2% Central Service Expenses
Department 25-26 Adopted 25-26 Adjusted FTE
City Administration – 510 $306,469 $304,387 2
Finance & Personnel - 520 $504,855 $528,408 5
Total $811,324 $832,795 7
$3,951,132 $2,706,008
Total Expense as a % of General Fund Revenue 14.5% 17.5% Salary Expense as a % of Central Service Expenses 89.1% 89.4% City Service Expenses
Department 25-26 Adopted 25-26 Adjusted FTE
Law Enforcement – 600
(Overtime at $20,000) $1,293,135 $1,064,555 7
$61,304 $61,304
Dispatch – 613 (Overtime
at $50,000) $498,006 $532,415 5
$5,000 $5,000
Fire – 650 (Overtime at
$25,000) $879,362 $831,815 6
$218,070 $218,070
Planning – 730 (net of
revenue) $228,598 $185,672 1
$18,000 $18,000
Public Works (Overtime at
$5,000) $771,229 $741,530 5
$5,000 $5,000
Snow Removal – 890 $101,473 $100,000
$40,000 $40,000
Total $3,771,803 $3,455,987 24
$526,703 ($402,605)
Total Expense as a % of General Fund Revenue 67.6% 72.5% Salary Expense as a % of City Service Expenses 78.5% 75.9% One Time Expenses
25-26 Adopted 25-26 Adjusted
$0 $10,000
$0 $39,000
$0 $0
Total $0 $49,000
$526,703 ($451,605)
Expenses
Expense
Salaries, Janitorial, Utilities, Supplies, prop
taxes
Insurance ($427,329 less lump sum
Short Term Rental – TOT software
Pension Labor Modules
Financial Suite software *Diff moved to EF
General Fund Available After City Operating
Expenses
Salaries, Training & Travel, Phone, Supplies
Salaries, Training & Travel, Phone, Postage,
Supplies, Equipment Leases
General Fund Available After Central Service
Snow Removal Revenue
Salaries, Employee Related Exp, Materials &
Services
Law Enforcement Revenue
Salaries, Employee Related Exp, Materials &
Services
Dispatch Revenue
Salaries, Employee Related Exp, Materials &
Services, Property Insurance, Utilities*
Fire Department Revenue
Salaries, Employee Related Exp, Materials &
Services, *Contract Serv, Lodge Rental, Equipment
Planning Revenue
Public Works Revenue
General Fund Available After City Service Expense
Expense
Springbrook Implementation Expense
Sales Tax Contract Services
Union Negotiation Legal Expense
General Fund After One Time Expenses
5/6/2025 6:48 AM
35 Total Revenue $6,385,350 $5,575,392
Total Expenses $5,858,647 $6,026,997
$526,703 ($451,605)
23-24 Audited Fund Balance $1,492,486
24-25 Projected Deficit $646,760
Expected Fund Balance $845,726 $394,121
14.03% 6.54%
$120,000.00 ($331,605)
$144,152.00 ($187,453)
-Fire Department will reduce 1.0 FTE $113,542, supplies of $20,000 $133,542.00 ($53,911) Expected Fund Balance after cuts $791,815
Adusted Total GF Expenses 25-26 $5,629,303
14.07%
-Police Department will reduce 1.0 FTE $122,802, $8000 K-9 Assoc Donation, Contract Service Reductions of $13,350
-Public Works will work on Sewer projects to reduce GF Spend of $70,000 and use $50,000 of Gas Tax to cover Street Maintenance General Fund Excess / (Deficit)
5/6/2025 6:48 AM
36 City of Mt. Shasta
General Fund Budget
Budget Adjustment #1
2025-2026
Preliminary Final Percent of Budget
Budget Adjustments Budget GF Adjustment #1 Budget
ACCOUNT GROUP 2025-2026 2025-2026 Revenue Notes 2025-2026 Differecne Estimated Fund Balance (July 1) 2025 $1,422,057 $0 $1,555,048 $845,726 Revenues
Taxes $4,673,000 $780,000 $5,453,000 85.07% 1% ST $780,000 $4,830,122 ($622,878) Franchises $90,000 $90,000 1.40% $105,000 $15,000
Federal Grants $0 $0 0.00% $0
State Subventions and Grants $611,640 $611,640 9.54% $611,640 $0 Fines and Forfeitures $11,500 $11,500 0.18% $11,500 $0
Interest and Rental Revenues $7,200 $7,200 0.11% $7,200 $0 Permits and Licenses $112,400 $112,400 1.75% $90,000 ($22,400) Current Service Charges $52,250 $52,250 0.82% $73,570 $21,320 Other Miscellaneous Revenues $201,000 $201,000 3.14% $55,000 ($146,000) Administrative Allocation $363,000 $363,000 5.66% $363,000 $0 Transfers In $95,000 $95,000 1.48% $40,000 ($55,000)
Total General Fund Revenues $6,216,990 $780,000 $6,996,990 $6,187,032 ($809,958) Expenditures
Legislative
City Council
Salaries and Benefits $19,497 $19,497 Stipend increase $14,487 ($5,010) Employee Related Costs $2,000 $2,000 $2,000 $0
Facilities Expenses $11,500 $11,500 $29,900 $18,400
Principal and Interest $7,200 $7,200 ($7,200)
Miscellaneous Expenses $4,100 $4,100 ($4,100)
Total City Council $44,297 $0 $44,297 $46,387 $2,090
Total Legislative $44,297 $0 $44,297 $46,387 $2,090
Administration and Finance
City Manager/Administration
Salaries and Benefits $291,775 $7,294 $299,069 $297,487 ($1,582) Employee Related Costs $4,000 $4,000 $4,000 $0
Facilities Expenses $2,900 $2,900 $2,900 $0
Services-Personal and Professional $0 $0 $39,000 $39,000 Miscellaneous Expenses $500 $500 ($500)
Total City Manager/Administration $299,175 $7,294 $306,469 $343,387 $36,918 City Clerk
Salaries and Benefits $1,680 $1,680 $1,034 ($646)
Employee Related Costs $3,681 $3,681 $200 ($3,481)
Services-Personal and Professional $25,000 $25,000 $10,500 ($14,500) Insurance, Licenses, and Taxes $0 $0 $0
Total City Clerk $30,361 $0 $30,361 $11,734 ($18,627)
Finance
Salaries and Benefits $454,122 $11,353 $465,475 $479,808 $14,333 Employee Related Costs $2,600 $2,600 $2,600 $0
Services-Personal and Professional $46,750 $46,750 $59,750 $13,000 Insurance, Licenses, and Taxes $0 $0 $0
Facilities Expenses $18,780 $18,780 $18,000 ($780)
Maintenance and Repairs $0 $0 $0
Materials and Supplies $13,000 $13,000 $10,000 ($3,000) Debt Service $5,000 $5,000 $15,000 $10,000
Capital Outlay $0 $0 $0
Total Finance $540,252 $11,353 $551,605 $585,158 $33,553 Management Information Systems
Employee Related Costs $0 $0 $0
Services-Personal and Professional $68,000 $68,000 $110,000 $42,000 Insurance, Licenses, and Taxes $49,000 $49,000 $138,182 $89,182 Maintenance and Repairs $0 $0 $0
Materials and Supplies $0 $0 $0
Capital Outlay $0 $0 $0
Total Data Processing / Information Systems $117,000 $0 $117,000 $248,182 $131,182 City-Wide Insurance
Employee Related Costs $1,000 $1,000 $0 ($1,000)
Insurance, Licenses, and Taxes $353,535 $353,535 5% increase in insurnace $354,535 $1,000 Total Insurance $354,535 $0 $354,535 $354,535 $0
City Attorney
Services-Personal and Professional $65,000 $65,000 $65,000 $0 Total City Attorney $65,000 $0 $65,000 $65,000 $0
Total Administration and Finance $1,406,323 $18,647 $1,424,970 $1,607,996 $183,026 37 City of Mt. Shasta
General Fund Budget
Budget Adjustment #1
2025-2026
Preliminary Final Percent of Budget
Budget Adjustments Budget GF Adjustment #1 Budget
ACCOUNT GROUP 2025-2026 2025-2026 Revenue Notes 2025-2026 Differecne Public Safety- Police and Fire
Police Department
Salaries and Benefits $1,170,841 $29,271 $1,200,112 $841,453 ($358,659) Employee Related Costs $20,700 $20,700 $6,500 ($14,200) Services-Personal and Professional $70,000 $70,000 $9,000 ($61,000) Facilities Expenses $12,200 $12,200 $12,200 $0
Maintenance and Repairs $92,500 $92,500 $37,150 ($55,350) Materials and Supplies $17,000 $17,000 $14,100 ($2,900) Debt Service $2,000 $2,000 $0 ($2,000)
Miscellaneous Expenses $10,000 $13,500 $23,500 Towing charges $0 ($23,500) Capital Outlay $86,700 $86,700 $0 ($86,700)
Total Police Department $1,481,941 $42,771 $1,524,712 $920,403 ($604,309) Dispatch
Salaries and Benefits $466,006 $11,650 $477,656 $522,065 $44,409 Employee Related Costs $3,350 $3,350 $1,100 ($2,250)
Services-Personal and Professional $8,500 $8,500 $8,500 $0 Materials and Supplies $3,500 $3,500 $750 ($2,750)
Capital Outlay $0 $0 $0 $0
Total Dispatch $481,356 $11,650 $493,006 $532,415 $39,409 Code Enforcement
Salaries and Benefits $82,871 $2,072 $84,943 $296,196 $211,253 Employee Related Costs $1,480 $1,480 $4,000 $2,520
Services-Personal and Professional $198,000 $198,000 $210,004 $12,004 Facilities Expenses $2,340 $2,340 $2,340 $0
Maintenance and Repairs $6,300 $6,300 $24,000 $17,700
Material and Supplies $300 $300 $0 ($300)
Supplies & Miscellaneous Expenses $16,700 $16,700 $5,100 ($11,600) Capital Outlay $70,000 $70,000 $70,000 $0
Total Animal Control $377,991 $2,072 $380,063 $611,640 $231,577 Fire Department
Salaries and Benefits $711,415 $17,785 $729,200 $615,273 ($113,927) Employee Related Costs $20,367 $20,367 $17,007 ($3,360) Professional Services $13,495 $13,495 $3,495 ($10,000)
Insurance, Licenses, and Taxes $16,000 $16,000 $16,000 $0 Facilities Expenses $11,600 $11,600 $11,600 $0
Maintenance and Repairs $49,500 $49,500 $20,698 ($28,802) Materials and Supplies $37,700 $37,700 $14,200 ($23,500) Miscellaneous Expenses $1,500 $1,500 $0 ($1,500)
Capital Outlay $0 $0 $0
Total Fire Department $861,577 $17,785 $879,362 $698,273 ($181,089) Total Police and Fire Safety $3,202,865 $74,278 $3,277,143 $2,762,731 ($514,412) 38 City of Mt. Shasta
General Fund Budget
Budget Adjustment #1
2025-2026
Preliminary Final Percent of Budget
Budget Adjustments Budget GF Adjustment #1 Budget
ACCOUNT GROUP 2025-2026 2025-2026 Revenue Notes 2025-2026 Differecne Buildings and Operations
Non-Departmental
Salaries and Benefits $250,000 $250,000 $461,255 $211,255 Employee Related Costs $0 $0 $0 $0
Services-Personal and Professional $1,500 $1,500 $15,000 $13,500 Insurance, Licenses, and Taxes $1,300 $1,300 $0 ($1,300) Materials and Supplies $0 $0 $0 $0
Debt Service $78,204 $78,204 $63,587 ($14,617)
Transfers out $0 $0 $0 $0
Total Non-Departmental $331,004 $0 $331,004 $539,842 $208,838 Planning and Zoning
Salaries and Benefits $157,803 $3,945 $161,748 $144,972 ($16,776) Employee Related Costs $0 $0 $0
Services-Personal and Professional $63,500 $63,500 $25,000 ($38,500) Facilities Expense $5,500 $5,500 $12,000 $6,500
Materials and Supplies $5,850 $5,850 $3,700 ($2,150)
Miscellaneous Expenses $0 $0 $0
Total Planning $232,653 $3,945 $236,598 $185,672 ($50,926) Community Promotion and Visitors
Salaries and Benefits $12,550 $314 $12,864 $20,000 $7,136 Grounds Maintenance $0 $0 $0
Materials and Supplies $120,000 $120,000 $160,840 $40,840 Miscellaneous Expenses $0 $0 $0
Transfers out $0 $0 $0
Capital Outlay $0 $0 $0
Total Community Promotion $132,550 $314 $132,864 $180,840 $47,976 Public Works Administration
Salaries and Benefits $173,968 $4,349 $178,317 $178,317 ($0) Employee Related Costs $2,000 $2,000 $2,000 $0
Services-Personal and Professional $2,500 $2,500 $2,500 $0 Facilities Expenses $3,000 $3,000 ($3,000)
Maintenance and Repairs $0 $0 $0
Materials and Supplies $500 $500 $500 $0
Total Public Works Administration $181,968 $4,349 $186,317 $183,317 ($3,000) Building & Safety Inspection
Salaries and Benefits $0 $0
Employee Related Costs $80,000 $80,000 $105,000 $25,000 Services-Personal and Professional $425 $425 ($425)
Facilities Expenses $0 $0 $0
Maintenance and Repairs $0 $0 $0
Materials and Supplies $3,500 $3,500 ($3,500)
Total Building Inspection $83,925 $0 $83,925 $105,000 $21,075 Government Buildings
Salaries and Benefits $15,399 $385 $15,784 $35,945 $20,161 Services-Personal and Professional $0 $0 $0
Facilities Expenses $30,000 $30,000 $30,000 $0
Maintenance and Repairs $25,000 $25,000 $25,000 $0
Materials and Supplies $0 $0 $0
Miscellaneous Expenses $0 $0 $0
Capital Outlay $0 $0 $0
Total Government Buildings $70,399 $385 $70,784 $90,945 $20,161 Total Buildings and Operations $1,032,499 $8,993 $1,041,492 $1,285,616 $244,124 39 City of Mt. Shasta
General Fund Budget
Budget Adjustment #1
2025-2026
Preliminary Final Percent of Budget
Budget Adjustments Budget GF Adjustment #1 Budget
ACCOUNT GROUP 2025-2026 2025-2026 Revenue Notes 2025-2026 Differecne Public Works Department
Central Garage
Salaries and Benefits $95,996 $2,400 $98,396 $98,396 $0 Employee Related Costs $100 $100 $100 $0
Insurance, Licenses, and Taxes $500 $500 ($500)
Facilities Expenses $8,580 $8,580 $8,580 $0
Maintenance and Repairs $35,500 $35,500 $47,000 $11,500 Materials and Supplies $15,450 $15,450 $15,450 $0
Miscellaneous Expenses $0 $0 $0
Capital Outlay $0 $0 $0
Total Central Garage $156,126 $2,400 $158,526 $169,526 $11,000 Streets and Roadways
Salaries and Benefits $214,117 $5,353 $219,470 $99,470 ($120,000) Employee Related Costs $0 $0 $0
Services-Personal and Professional $4,000 $4,000 $4,000 $0 Maintenance and Repairs $65,000 $65,000 $25,000 ($40,000) Materials and Supplies $7,100 $7,100 $7,100 $0
Total Streets $290,217 $5,353 $295,570 $135,570 ($160,000) Streets - Landscape Maintenance
Salaries and Benefits $12,595 $315 $12,910 $12,910 $0
Employee Related Costs $0 $0 $0
Services-Personal and Professional $0 $0 $0
Materials and Supplies $500 $500 $500 $0
Total Streets - Landscape Maintenance $13,095 $315 $13,410 $13,410 $0 Street Cleaning
Salaries and Benefits $25,190 $630 $25,820 $26,121 $301 Maintenance and Repairs $16,000 $16,000 $22,000 $6,000
Materials and Supplies $0 $0 $0
Total Street Cleaning $41,190 $630 $41,820 $48,121 $6,301 Traffic Safety
Salaries and Benefits $27,889 $697 $28,586 $28,586 ($0) Facilities Expenses $15,000 $15,000 $15,000 $0
Maintenance and Repairs $27,500 $27,500 $27,500 $0
Materials and Supplies $500 $500 $500 $0
Capital Outlay $0 $0 $0
Total Traffic Safety $70,889 $697 $71,586 $71,586 ($0)
Snow Removal
Salaries and Benefits $55,779 $1,394 $57,173 $57,000 ($173) Employee Related Costs $600 $600 ($600)
Maintenance and Repairs $20,000 $20,000 $20,000 $0
Materials and Supplies $23,700 $23,700 $23,000 ($700)
Capital Outlay $0 $0 $0
Total Snow Removal $100,079 $1,394 $101,473 $100,000 ($1,473) Total Public Works Department $671,596 $10,789 $682,385 $538,213 ($144,172) Total General Fund Expenditures $6,357,580 $112,708 $6,470,288 $6,240,943 ($229,345) Net Revenues / (Expenses) ($140,590) $667,292 $526,702 ($53,911) ($580,613) Ending General Fund Balance (June 30) Reserves $1,281,467 $2,081,750 $791,815
20.61% 29.75% 12.69%
Salaries as a percent of the total for the General Fund $4,239,493 66.68% $4,338,701 67.06% $4,230,775 67.79% 40 City of Mt Shasta
Budget Adjustment Request
2025/2026-01
FUND/
DEPARTMENT
ACCOUNT
NUMBER
CURRENT BUDGET ADJUSTMENT
AMOUNT
ADJUSTED
BUDGET
General Fund
See Supporting
Documentation $6,470,288 ($229,345) $6,240,943
NET ADJUSTMENT ($229,345)
JUSTIFICATION:
FUNDING SOURCE:
COUNCIL APPROVAL Required
Not Required
DEPARTMENT APPROVALS
Department Head
Finance Director
City Manager
CITY CLERK
Re-forcasting of 2025-2026 budget after adoption in June 2024.
General Fund
I certify that the City Council approved the above resolution incorporating this budget amendment.
Budget Adjustment Number:
RESOLUTION NUMBER:
COUNCIL MEETING DATE:
X
41 City Council Agenda Item #10
Staff Report
Meeting Date: July 14, 2025
To: Mayor and City Council
From: Todd Juhasz, City Manager
Subject: WM Contract Staff Report
Recommendation: Staff recommend that Council sign the new service agreement between the City of Mt Shasta and Waste Management (WM).
Background & Summary:
City staff has been working with Waste Management on the renewal of our service agreement for the next four years. It was determined through Counsel for the City and for Waste Management that a 218 process was not required as the proposed rate is materially the same as customers have been paying and, in some cases, slightly lower.
This document outlines a franchise agreement between the City and Waste Management for waste collection, transport, and disposal services.
Here are the contract provisions:
• Effective Date and Term: The agreement becomes effective on July 1, 2025, and supersedes previous agreements. It is set to conclude on December 31, 2029. • Conditions for Effectiveness: The agreement's obligations are subject to approval by the Mt. Shasta City Council by the effective date and the Contractor's fulfillment of conditions, including accuracy of representations and provision of proof of insurance. • Scope of Services (Exclusive Franchise): The City grants the Contractor an exclusive franchise to collect, transport, and dispose of various materials within City control, including:
o Refuse from Single-Family Residences (SFD), Multi-Family Dwellings (MFD), and Commercial Premises.
o Commingled Recyclable Materials from SFD, MFD, and Commercial Premises.
X Regular
Consent
Closed
Presentation
42 o Construction and Demolition Debris (C&D) from SFD, MFD, and Commercial Premises.
o Green Waste and Organics from SFD, MFD, and Commercial Premises. • Limitations on Scope: Certain materials can be collected, recycled, or disposed of by other persons without the Contractor's approval, such as donated recyclable materials, beverage containers under the California Beverage Container Recycling Litter Reduction Act, medical waste, hazardous waste, and green waste removed by landscaping companies as an incidental service.
• Collection Services:
o Refuse Collection: Weekly collection for SFD and at least once per week for MFD and Commercial Premises. The Contractor provides carts/bins, with specific capacity requirements for MFD and Commercial Premises. Debris boxes (10-40 cubic yards) are available for Commercial Premises.
o Recyclable Materials Collection: Blue 64-gallon recycling containers for SFD starting in 2021. MFD and commercial accounts receive a minimum of one 96- gallon blue recycling cart starting in 2021, with additional carts/bins available for a charge.
o Green Waste and Organics Collection: Green carts (32-gallon for SFD, 96-gallon for MFD and commercial) for green waste and organics collection starting in 2022, subject to processing facilities being established in Siskiyou County. o Rejected Loads: Contractor may reject contaminated recyclables, green waste, or organics, which will then be disposed of as solid waste at applicable fees. • Billing and Customer Service: The Contractor is responsible for all billing functions. SFD are billed quarterly, while MFD and Commercial Premises are billed monthly. Owners are ultimately liable for payments. The Contractor maintains a local office and provides a toll-free customer service number.
• Franchise Fee: The Contractor will pay the City a franchise fee of 4% of Gross Receipts, adjustable by the City Council. Payments are due quarterly. • Rates and Adjustments: Initial rates are set forth in Attachment A. Annual adjustments to rates will occur using the Refuse Rate Index (RRI) starting July 1, 2026. A detailed rate review will be performed for the rate year beginning July 1, 2028, and every three rate years thereafter.
• Insurance Requirements: The Contractor must maintain general liability ($1 million per occurrence), automobile liability ($1 million per accident), and Workers' Compensation insurance. The City is to be covered as an additional insured. 43 • Default and Remedies: Defines events of Contractor default, including failure to perform obligations, cessation of services for seven business days, and bankruptcy. The City has the right to terminate the agreement upon default and may perform services itself or assign them temporarily to another provider in emergencies. • Force Majeure: Contractor is excused from performance if prevented or delayed by a Force Majeure event, provided prompt written notice is given to the City. • Transition to Next Service Provider: Upon expiration or termination, the Contractor must cooperate with the City to ensure an orderly transition to new service providers, including providing route lists and customer information.
Attachments: WM contract language approved by Counsel for the City of Mt Shasta and Waste Management.
44 ARTICLE 1
DEFINITIONS
1.1 AGREEMENT DEFINITIONS
Unless the context otherwise requires, terms used in this Agreement shall have the meanings set forth in the definitions contained below. Additional definitions used in this agreement are contained in Title 6, Chapter 6.04 of the Mt. Shasta Municipal Code.
1.2 STATUTORY DEFINITIONS
Unless a term is otherwise defined in this agreement, terms used in this agreement shall have the same meaning as the definitions of those terms contained in the California Integrated Waste Management Act of 1989 (“Act”) and the rules and regulations promulgated thereunder. In the event of a conflict between the definition of a term in the Act (or its promulgated rules) and in this agreement, the definition in this agreement shall prevail.
1.3 AGREEMENT DEFINITIONS
Affiliate
“Affiliate” means a person who is related to Contractor by virtue of direct or indirect ownership interest or common management. An Affiliate includes a person in which Contractor owns a direct or indirect ownership interest, a person which has a direct or indirect ownership interest in Contractor and/or a person which is also owned, controlled or managed by any person or individual which has a direct or indirect ownership interest in Contractor.
Application
“Application” means the application prepared and submitted by Contractor for determination of potential adjustments to the rate for the following Rate Year.
Business Days
“Business Days” means days (i.e., Monday through Friday) during which Contractor’s office is open to do business with the public.
Calendar Year
“Calendar Year” means the 12 month period beginning on January 1st and ending on December 31st.
Change in Law
“Change in Law” means any of the following events or conditions which has a material and adverse effect on the performance by the Parties of their respective obligations under this Agreement:
(a) The enactment, adoption, promulgation, issuance, modification, or written change in applicable and enforceable federal, state, local law, regulation, ordinance, order, judgement, decree, permit or administrative or judicial interpretation on or after the date that any such applicable and enforceable federal, state, local law, regulation, ordinance, order, judgement, decree, permit or administrative or judicial 45 interpretation was enacted, adopted, promulgated, issued, modified or changed in writing.
(b) The order or judgment of any governmental body, on or after the date such order or judgement was given, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of City, or of Contractor, whichever is asserting the occurrence of a Change In Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute such a willful or negligent action, error or omission or lack of reasonable diligence.
Collection Costs
“Collection Costs” means all of Contractor’s costs to provide collection services as described in the Agreement, including fuel costs, labor costs, vehicle and vehicle-related costs, maintenance, insurance, overhead and transportation costs, but excluding Pass-Through Costs (See “PassThrough Costs”) and Profit (See “Profit”).
Commercial Premises
“Commercial Premises” means property upon which a business activity is conducted, including but not limited to restaurants, retail sales, services, manufacturing, assembling, storage, or wholesale operations. Commercial Premises also include hotels, senior citizen housing complexes, convalescent centers, and any premises used for residential occupancy having more than two Dwelling Units.
Construction and Demolition Debris (C&D)
“Construction and Demolition Debris” and “C&D” means materials resulting from construction, renovation, remodeling, repair, or demolition operations on any Residential, Commercial or other structure or pavement.
Container
“Container” means any receptacle, cart, bin, container, debris box used for storage of Refuse, Recyclable Materials, Green Waste/Organic Materials, C&D debris and other materials collected and put into service pursuant to this Agreement.
Contractor Pass-Through Costs
“Contractor Pass-Through Costs” means the costs to which no element of overhead, administrative expense, or Profit, is added, such that the specific amount of such cost is included without modification in the calculations or reports prepared in implementing this agreement.
Day
“Day” means Calendar Day unless otherwise specified.
Designated Disposal Facility
“Designated Disposal Facility” means the Black Butte Transfer Station, as long as it is feasible.
For Blue Bags only, the Designated Disposal Facility shall the Siskiyou Opportunity Center recyclables facility. Contractor and City may agree upon an alternative Designated Disposal Facility if Black Butte Transfer Station ceases to be feasible. 46 Designated Transfer Facility
“Designated Transfer Facility” means the Black Butte Transfer Station, as long as it is feasible.
For Blue Bags only, the Designated Transfer Facility shall the Siskiyou Opportunity Center recyclables facility. Contractor and City may agree upon an alternative Designated Transfer Facility if Black Butte Transfer Station ceases to be feasible.
Disposal Costs
“Disposal Costs” means Contractor’s costs to deposit solid waste collected under this Agreement at the Designated Disposal Facility.
Effective Date
“Effective Date” means the date identified in Section 3.1.
Excluded Waste
“Excluded Waste” means hazardous waste; medical and infectious waste; volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material; waste that the Contractor reasonably believes would, as a result of or upon disposal, be a violation of local, state, or federal law, regulation, or ordinance, including land use restrictions or conditions; waste that cannot be disposed of in Class III landfills; and waste that in Contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose the Contractor or the City to potential liability. Excluded Waste does not include de minimis volumes or concentrations of waste of a type and amount normally found in residential Solid Waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous wastes in compliance with Sections 41500 and 41802 of the California Public Resources Code.
Feasible
“Feasible” means “suitable and capable of being used conveniently and within reason.” Fiscal Year
“Fiscal Year” means the period commencing August 1st through July 31st each year.
Force Majeure
“Force Majeure” means acts of terrorism, acts of God, landslides, lightning, forest fires, severe storms, typhoons, hurricanes, severe weather, extreme freezing temperatures, earthquakes, volcanic eruptions, other natural disasters, or the imminent threat of such natural disasters, pandemics, quarantines, civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, lockouts, or other labor disturbances, acts of government or governmental restraint or other causes, whether of the kind enumerated or otherwise, and whether foreseeable or unforeseeable, that are not reasonably within the control of Contractor.
Fuel Costs
“Fuel costs” means Contractor’s costs for diesel, gasoline and other fuels used in providing the services described in this agreement.
Green Waste
“Green Waste” means organic compost material, tree trimmings, wood stumps, small pieces of 47 wood, grass cuttings, dead plants, leaves, branches, flowers, plant stocks, and dead trees (not more than six (6) inches in diameter or forty-eight (48) inches in length) and similar materials. Green Waste is a subset of Organic Waste.
Gross Receipts
“Gross Receipts” means the total revenue actually received in cash by Contractor for all services provided to customers during the Rate Year in question. Revenues are billed by the Contractor to customers.
Gross Revenue Billed
“Gross Revenue Billed” means the total revenue billed to customers, as recognized by generally accepted accounting principles by Contractor for all services provided to customers during the rate year in question.
Includes (or Including)
“Includes” or “Including” means “includes, but is not limited to”.
Inquiry
“Inquiry” means a written or orally communicated request for information, request for collection services, or request for change in service level made by members of the public, customers, owners, or occupants of properties served by Contractor, or by officers, employees or agents of City.
Multi-Family Dwelling (MFD)
“Multi-Family Premises” means a premises having three (3) or more Dwelling Units.
Non-Allowable Cost(s)
“Non-Allowable Costs” means those contract-related costs deemed non-allowable in Attachment B of this Agreement.
On-Call Service
“On-Call Service” means collection service provided by Contractor that is not regularly scheduled or is scheduled more than twenty-four (24) hours in advance. On-Call Service is initiated by customer by calling, emailing, or requesting the service in person at Contractor’s office.
Operating Cost
“Operating Cost” or “Cost of Operations” means those costs actually incurred by Contractor, reasonably necessary to perform under this agreement, and not otherwise specifically excluded in this agreement.
Operating Ratio
“Operating Ratio” means the ratio, expressed as a percentage, of the net operating costs actually incurred by Contractor, exclusive of Pass-Through Costs and Non-Allowable Costs, divided by Contractor’s net income, as produced by the rates that are applied to the services provided under this agreement. The Operating Ratio for this agreement shall be 84%, and the ratesshall be adjusted as necessary through the RRI, Special Rate Review, Cost Plus Detailed Rate Review or Change in Service Rate Review to maintain an Operating Ratio at that percentage. 48 Organic Waste (Organics)
“Organic Waste” or “Organics” has the meaning defined in Public Resources Code Section 42649.8(c), generally consisting of Food Waste, Green Waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with Food Waste.
Party or Parties
“Party” or “Parties” refers to the City and Contractor, individually or together.
Pass-Through Cost (or Costs)
“Pass-Through Cost” (or Costs) means a cost to which no element of overhead, administrative expense, or Profit is added, such that the specific amount of such cost is included without modification in the calculations or reports prepared in implementing this agreement, including, without limitation, franchise fees, other fees payable by Contractor to City or any other government agency on the services.
Processing Costs
“Processing Costs” means Contractor’s costs to process Recyclable Materials and Organic Waste collected under this Agreement at the Designated Transfer Facility or other facilities used by Contractor.
Profit
“Profit” means Contractor’s profit for providing services described in this Agreement.
Public Records
“Public Records” means reports, records and other information submitted by Contractor to City.
Rate Year
“Rate Year” means the twelve-month period, commencing July 1 of one Calendar Year and concluding June 30 of the next Calendar Year, for which the rates are calculated.
Recyclable Materials (Recyclables)
“Recyclable Materials” or “Recyclables” means Solid Waste that has some potential economic value, and is set aside, handled, packaged, or offered for Collection in a manner different from Refuse in order to allow it to be processed for Recycling. The initial list of Recyclable Materials is set forth in Attachment F.
Refuse
“Refuse” means Solid Waste, excluding source-separated Recyclable Materials, Organic Waste, Green Waste and C&D, as well as Excluded Waste.
Regulatory Costs
“Regulatory Costs” means all regulatory and other governmental fees and charges incurred by Contractor in connection with providing the services described in this Agreement, including franchise fees payable to City.
Related Party Entity
“Related Party Entity” means any affiliate which has financial transactions with Contractor pertaining to this Agreement.
49 Service Opportunity
“Service Opportunity” means each individual opportunity Contractor has to collect Refuse and Recyclable Materials from a customer’s container which is equivalent to the required SingleFamily, Multi-Family and Commercial lifts.
Single Family Residence (SFD)
“Single-Family Premises” means premises having fewer than three (3) Dwelling Units.
Solid Waste
“Solid Waste” has the meaning defined in Public Resources Code Section 40191, including all putrescible and nonputrescible solid and semi-solid waste, generated in or upon, related to the occupancy or, remaining in or emanating from Single-Family Residences, Multi-Family Dwellings, and Commercial Premises, including Recyclable Materials, Green Waste, Organic Waste, Construction and Demolition Waste, garbage, trash, refuse, paper, rubbish, ashes, industrial waste, discarded home and industrial appliances, manure, vegetable or animal solid wastes, and other solid and semi-solid waste, excluding Excluded Waste.
Term
“Term” means the term of this agreement as described in Article 3.
ARTICLE 2
REPRESENTATION AND WARRANTIES OF CONTRACTOR
Contractor represents and warrants, as of the date of this Agreement, the following:
2.1 CORPORATE STATUS
Contractor is a corporation, duly organized, validly existing and in good standing under the laws of the State of California, and is qualified to do business in the State of California.
2.2 CORPORATE AUTHORIZATION
Contractor has the authority to enter into and perform its obligations under this Agreement.
Contractor has taken all actions required by law, the articles of incorporation and bylaws or otherwise to authorize the execution of this Agreement.
2.3 AGREEMENT DULY EXECUTED
The persons signing this Agreement on behalf of Contractor have been authorized to do so and this Agreement constitutes a legal, valid and binding obligation of Contractor.
2.4 NO CONFLICT WITH APPLICABLE LAW OR OTHER DOCUMENTS
Neither the execution and delivery by Contractor of this Agreement, nor the performance by Contractor of its obligations hereunder, subject to availability and feasibility of infrastructure:
A. Conflicts with, violates or will result in a violation of any existing Applicable Law; or
50 B. Conflicts with, violates or will result in a breach or default under any term or condition of any existing judgment, order or decree of any court, administrative agency or other governmental authority, or of any existing contract or instrument to which Contractor is a party or by which Contractor is bound.
2.5 NO LITIGATION
There is no action, suit, proceeding, or investigation at law or in equity, before or by any court or governmental entity, pending or threatened against Contractor, or otherwise affecting Contractor, wherein an unfavorable decision, ruling, or finding, in any single case or in the aggregate, would:
A. Materially adversely affect Contractor’s performance hereunder, B. Adversely affect the validity or enforceability of this Agreement, or C. Have a material adverse effect on the financial condition of Contractor or the entity providing the guaranty of Contractor’s performance.
2.6 FINANCIAL CONDITION
Contractor has made available to City information on its financial condition. Contractor recognizes that City has relied on this information in evaluating the sufficiency of Contractor’s financial resources to perform this Agreement. To the best of Contractor’s knowledge, this information is complete and accurate, does not contain any material misstatement of fact and does not omit any fact necessary to prevent the information provided from being materially misleading.
2.7 ABILITY TO PERFORM
Contractor has the expertise and professional and technical capability to perform all of its obligations under this Agreement. All services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional contractors in similar fields and circumstances in accordance with sound professional practices.
Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor’s performance of this Agreement.
ARTICLE 3
TERM OF AGREEMENT
3.1 EFFECTIVE DATE
The Effective Date of this Agreement shall be July 1, 2025. This Agreement supersedes and replaces the prior franchise agreement between Contractor and City, and all amendments and extensions thereof. Any and all such prior agreements, amendments or extensions shall terminate on the Effective Date of this Agreement.
51 3.2 TERM
The term of this Agreement shall begin on the Effective Date and shall end at midnight on December 31, 2029 unless earlier terminated, or extended as otherwise provided for in this Agreement. Contractor’s obligation to collect all municipal waste streams including Refuse, Recyclable Materials, Green Waste/Organics and Construction and Demolition Debris (C&D) within the City, and transport such Solid Waste, including Refuse, Recyclable Materials and C&D to a Designated Transfer Facility, Disposal Facility or landfill, shall commence on the Effective Date, provided that this Agreement is fully executed and the conditions of Section 3.4 are met, and shall continue for the remainder of the Term.
3.3 EXTENSION OF TERM
Contractor shall have the sole discretion to extend the term for up to two five (5) year periods, upon the terms and conditions herein, or upon such terms and conditions to be renegotiated at least 3 months prior to each renewal period, at the mutual discretion of the parties. Unless the Contractor notifies the City in writing that it does not wish to exercise its option(s) to extend the term of the Agreement at least 6 months prior to the end of the then current term, the term will automatically be extended as provided for above. Extensions under this Section are subject to the City’s consent, which consent shall not be unreasonably withheld if Contractor is in compliance with the terms and conditions herein.
3.4 CONDITIONS AS TO EFFECTIVE DATE OF THIS AGREEMENT
The obligation of the Parties to perform under this Agreement is subject to the right of approval of this Agreement by the Mt. Shasta City Council, and that such right shall have become effective, pursuant to California law, on or before the Effective Date.
A. Obligation of Contractor to perform. The obligation of Contractor to perform under this Agreement is also subject to the satisfaction of the conditions set forth below:
1. Accuracy of representations. The representations and warranties made by Contractor in Article 2 shall be true and correct on and as of the Effective Date.
2. Proof of Insurance. Contractor shall have provided City with satisfactory proof of insurance as required herein.
B. Notice. Execution of this Agreement by both Parties represents an acknowledgement that they are satisfied with the terms and conditions contained herein. If either Party wishes to assert that a condition for its benefit has not been satisfied and has not been waived, it must deliver written notice to that effect to the other Party on or before the Effective Date. If no such notice is received, the agreement will become effective on the Effective Date.
52 C. Good faith. Each Party is obligated to perform in good faith the actions, if any, which this Agreement requires it to perform before the Effective Date and to cooperate towards the satisfaction of the conditions set forth above.
ARTICLE 4
SCOPE OF AGREEMENT
4.1 SCOPE OF AGREEMENT
Through this Agreement, City grants to Contractor an exclusive franchise, for all areas within the City control, except as provided in Section 4.2, to collect, transport and dispose of the following materials:
A. Refuse generated at Single-Family Residences, Multi-Family Dwellings and Commercial Premises;
B. Commingled Recyclable Materials generated at Single-Family Residences, MultiFamily Dwellings and Commercial Premises; C. Construction and Demolition Debris (C&D) generated at Single-Family Residences, Multi-Family Dwellings and Commercial Premises; and, D. Green Waste and Organics at generated at Single-Family Residences, Multi-Family Dwellings and Commercial Premises.
4.2 LIMITATIONS ON SCOPE
City may permit the collection, recycling and/or disposal at any legally permitted designated solid waste facility of any of the following materials by persons other than Contractor without seeking or securing any approval from Contractor.
A. Recyclable materials which are by the generator and donated to youth, civic, or charitable organizations;
B. Recyclable beverage containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500 et seq.
California Public Resources Code;
C. Medical Waste;
D. By-products of sewage treatment including sludge, sludge ash, grit, and screenings; E. Hazardous waste, household hazardous waste (during household waste disposal events), and infectious waste with appropriate precautions at an approved infectious waste facility;
F. E-waste and universal waste, including household batteries, fluorescent light bulbs and mercury switches;
53 G. Materials generated by governmental facilities which are exempt from the Agreement by Applicable Law), provided that the generator has arranged services with the person collecting same through a separate agreement; H. Green waste removed from premises by a gardening, landscaping or tree trimming company, using its own equipment, vehicles, employees and transportation as an incidental part of the total service offered by the company, as opposed to a hauling service.
4.3 ADMINISTRATION BY CITY
The City has designated the City Manager to act as the contract “Franchise Manager” for this Agreement. The Franchise Manager, or his or her designee, shall be Contractor’s contact for all inquiries, complaints and other communications from Contractor for the Term of this Agreement.
All reports, financial statements, insurance information and any other correspondence required from Contractor by the terms of this Agreement shall be provided by Contractor to the Franchise Manager or his or her designee. Solid waste issues that may arise during the Term of this Agreement may be brought up for consideration by either of the Parties at any time. Excepting actual or potential legal disputes requiring confidentiality, issues requiring further discussion and/or a decision which materially affects the terms and conditions herein may be placed on the agenda by either Party for a hearing before the Mt. Shasta City Council. The Franchise Manager will consider the issue and may make a recommendation to the Council, who retain the responsibility for the final decision.
4.4 ENFORCEMENT BY CITY
The burden of enforcement of the provisions of this Agreement, found in Title 6, Chapter 6.04 of the Mt. Shasta Municipal Code , and of the California Integrated Waste Management Act of 1989, and all other pertinent local, State and federal laws pertaining to the Mt. Shasta City solid waste program shall be borne by City as follows:
A. Franchise Manager, or his/her designee, shall oversee and be responsible for the enforcement of violations on all public health and safety solid waste matters concerning the rights and obligations of Contractor and City provided in this Agreement. Determination as to whether a specific waste product is environmental health-related may be obtained by contacting the Department of Environmental Health.
B. Franchise Manager shall oversee and be responsible for the enforcement of violations and infringement of the exclusivity provisions in this Agreement.
C. Contractor has exclusive franchise rights for the collection, removal, transport, use and disposal of all materials as provided for in Section 4.1, exceptions noted in Sections 4.2 and 4.3 of this Agreement. City shall use all reasonable remedies available to it to insure that those rights are enforced, including such enforcement measures described in Section 6.04 of the Mt. Shasta Municipal Code and such other measures as otherwise allowable, against third party violators. Contractor may, after consultation with and approval by City, independently seek enforcement 54 of those rights against third party violators, including, but not limited to seeking injunctive relief.
D. Contractor shall notify City of any person or entity perceived to be in violation of Contractor’s exclusive franchise rights hereunder, and such person or entity shall be advised in writing by City to immediately cease such activities after City has investigated and verified such notification. If such person or entity continues to violate Contractor’s exclusive franchise rights after notification by City, such person or entity shall be subject to all applicable penalties available under local and/or State law. Additionally, Contractor shall have the right to impound any non-Contractor-owned waste container used in violation of Contractor’s exclusive franchise rights or any other applicable legislative requirements described in the applicable Title 6, Chapter 6.04 of the Mt. Shasta Municipal Code, the California Integrated Waste Management Act of 1989, and all other pertinent local, State and federal laws pertaining to the City’s solid waste program. Nothing in this provision shall limit Contractor’s independent right to enforce its exclusive franchise through any legal means.
E. Notwithstanding Contractor’s right to independently enforce its exclusive franchise through any legal means necessary, City shall retain all of its rights with regard to pursuing or not pursuing remedies concerning violations or alleged violations of City’s solid waste ordinance or other ordinances. Any and all prosecutorial discretion shall lie solely and absolutely with City.
ARTICLE 5
COLLECTION SERVICES
5.1 GENERAL
The work to be performed and services to be provided by Contractor includes the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the work and provide the services described, at the times and in the manner required by this Agreement. The enumeration of, and specification of requirements for, particular items of labor, supervision, equipment, materials or supplies shall not relieve Contractor of the duty to furnish all others, as may be required, whether enumerated elsewhere in the Agreement or not. Contractor shall perform the work and provide the services pursuant to this Agreement in a thorough and professional manner so that the residents and businesses within City are provided reliable, highquality service at all times. The enumeration of, and specification of requirements for, particular aspects of service quality shall not relieve Contractor of the duty of accomplishing all other aspects in the manner provided in this article, whether such other aspects are enumerated elsewhere in the Agreement or not.
5.2 REFUSE COLLECTION
A. Single-Family Residences (SFD). Contractor shall collect Refuse from SFD once per week from Contractor-provided carts. Contractor shall collect containers curbside. Contractor shall make reasonable accommodations with regard to 55 provision and servicing of containers (e.g. container size and type, placement of containers for collection etc.) at no additional cost to customers demonstrating a qualifying handicap supported by a physician’s letter describing their inability to place the container at the curb. Qualifying handicap service recipients must also provide evidence that no other occupant of the residential premises is physically able to place carts curbside for collection. New service recipients shall be notified upon signing up of the availability of handicap service.
B. Multi-Family Dwellings (MFD). Contractor shall collect Refuse from MFD at least once per week. Unless authorized by Contractor MFD customers shall use Contractor-provided carts or bins for Refuse collection that is shared by the occupants of the premises. Contractor shall provide one (1) or more cart(s) or bin(s) to such customers as requested by customer, provided that equivalent capacity of not less than two (2) ninety-six (96) gallon containers are provided for every 3 dwelling units in the MFD complex. Contractor shall give special consideration when determining the collection location for MFD complexes to ensure that the flow of traffic is not impeded.
C. Commercial Premises. Contractor shall collect Refuse from Commercial Premises at least once per week. Contractor may allow each Commercial Premises to use carts, bins or debris boxes for Refuse collection. Contractor shall provide each customer with a choice of one (1) or more carts, bins or debris boxes.
1. Centralized bin or cart service. Contractor may allow each Commercial Premises to use carts or bins for refuse collection that are shared by the occupants of two (2) or more adjacent Commercial Premises. In such case, Contractor shall provide one or more carts or bins as requested by the customer(s) provided that no less than ninety-six (96) gallons of container capacity is provided for every four (4) Commercial Premises. Contractor shall provide each customer with a choice of one (1) or more carts or bins.
2. Debris boxes. Contractor shall allow a customer to use a debris box for Refuse collection to meet the customer’s disposal needs. In such case, Contractor shall provide customer with a choice of container capacities ranging from ten (10) to forty (40) cubic yards (or similar sizes).
D. City Street Cans. Contractor shall collect Refuse from the City-owned containers listed on Attachment E of the Agreement. Contractor will perform such collections twice per week (Monday and Friday), or as otherwise agreed by the parties in writing. Contractor will not be required to collect material laying on the ground or that which it considers unsafe for its employees.
5.3 RECYCLABLE MATERIALS COLLECTION
A. Single Family Residences
Contractor shall provide collection of blue 64-gallon recycling containers from all SFD in the City starting in 2021.
56 B. Multi-Family Dwellings
Contractor shall provide all MFD premises with a minimum of one 96-gallon blue recycling cart for every 3 MFD units starting in 2021, and additional blue recycling carts or containers upon request, for an additional charge.
C. Commercial Premises. Contactor shall provide all commercial accounts with a minimum of one 96-gallon blue recycling cart starting in 2021, and additional blue recycling carts or containers upon request, or bin(s) in the alternative, for an additional charge.
D. Omitted.
E. Rejected Loads. Contractor may reject recyclables that contain excessive amounts of contamination and may tag such loads with a notice to customer describing the contamination. Such rejected recyclables shall be disposed of as solid waste at a facility designated for such disposal at the fees charged to customer for solid waste disposal.
5.4 GREEN WASTE AND ORGANICS COLLECTION
A. Single Family Dwellings. Contactor shall provide all commercial accounts with a minimum of one 32-gallon green recycling cart starting in 2022 (if processing facilities are established within the county) and additional green recycling carts or containers upon request, for collection of green waste and organics.
B. Multi-Family Dwellings. Contractor shall provide all MFD premises with a minimum of one 96-gallon green cart for every 3 MFD units, and additional green carts or containers upon request, starting in 2022 (if processing facilities are established within the county).
C. Commercial Premises. Contactor shall provide all commercial accounts with a minimum of one 96-gallon green cart and additional green waste carts or containers upon request, starting in 2022 (if processing facilities are established within the county).
D. Contractor may reject green carts that contain excessive amounts of contamination including solid waste, recyclable materials, painted, treated or stained lumber or other contaminants, or if the green waste is not trimmed to the size specified. Such rejected Green Waste or Organics shall be disposed of as solid waste at a facility designated for such disposal at the fees charged for solid waste disposal.
5.5 CONSTRUCTION AND DEMOLITION DEBRIS (C&D).
Contractor shall provide Debris Boxes to Customers who place orders for C&D service.
Contractor shall service C&D customers on a weekly basis or as agreed upon by the Contractor and Customer.
57 5.6 COLLECTION FREQUENCY.
A. Single Family Dwellings and Multi-Family Dwellings will be collected weekly on those days as determined by the Parties. In addition, Blue Bags will be collected once per month from residential customers during the first full week of each month.
B. Commercial Accounts that are other than those identified above in subsection A., will be collected at a minimum frequency of once per week. Contractor may make collections more frequently upon request of Customer made to the Contractor.
C. Commercial Accounts that are restaurants, motels, hotels, food service and public eating-places utilizing bin service will be collected weekly or upon scheduled bin pickup, except Sundays and any days when the Black Butte Transfer Station is not available for disposals, unless otherwise agreed upon by Contractor and City. Any collection scheduled when the Black Butte Transfer Station is not available for disposal shall be made on the next available day, unless an alternative schedule has been agreed upon by the City and Contractor.
D. Contractor shall also provide collection of Refuse, Green Waste/Organics, and Recyclable Materials from City Hall, Library and the Police Department twice per week.
5.7 COLLECTION CONTAINERS.
A. Contractor shall allow SFD, MFD and Commercial accounts to choose a collection service method that best suits the needs of its premises. Specifically, Contractor shall offer the following choices for Refuse and Recyclable Materials services:
1. Cart service. Contractor shall provide a choice of one (1) or more carts at City approved rates.
2. Bin service. Contractor shall provide a choice of one (1) or more bins at City approved rates.
3. Shared Cart or Bin service. Contractor shall provide customers one (1) or more carts or bins that are shared by the occupants of two (2) or more Commercial Premises. Upon request Contractor shall provide to customers container locks at the City approved fee. Customers must have adequate capacity such that Refuse and Recyclable Materials are fully contained.
4. Debris Boxes. Contractor shall provide a choice of container capacities at City approved rates.
5. SB 1383 Cart and Container Color and Labeling Requirements.
Contractor shall comply with all SB1383 cart color and labeling requirements by the dates specified in the regulations, if applicable. 58 Customers (or anyone hired by a customer) may not mechanically compact materials placed in Contractor-owned containers unless such compaction equipment is proved by Contractor.
5.8 MINIMUM DIVERSION RATE
Contractor shall divert a minimum of four percent (4%) of the residential and commercial material that it collects, excluding debris boxes and compactors, if appropriate infrastructure is available.
5.9 UNSAFE COLLECTION LOCATIONS / WEATHER ACCESS PROBLEMS Contractor shall not be required to provide collection services where there are unacceptable safety or risk factors, or where weather temporarily prevents safe access. City and Contractor shall establish standards for access to collection points and for inclement weather collections. If unsafe conditions exist or persist, defined according to such standards, Contractor has the right to request a waiver for providing collection services at an unsafe location. If a customer requests service who has an unsafe collection point under such criteria, Contractor and the customer shall agree upon a collection point that is not unsafe, and if they cannot agree, the Franchise Manager or the Franchise Manager’s designee shall determine an appropriate location. If the customer continues to disagree with the chosen location, Contractor may discontinue service to that customer without violating this Agreement.
ARTICLE 6
TRANSPORTATION
6.1 TRANSPORTATION OF COLLECTED MATERIALS
Contractor shall be responsible for transporting and delivering all Refuse, C&D, Recyclable Materials, Green Waste and all other materials collected by Contractor pursuant to this Agreement to the Designated Transfer Facility, the Designated Disposal Facility or other City approved facility, as appropriate. Once placed in containers for collection, such materials shall become the property of Contractor.
6.2 CHANGE OF DESIGNATED TRANSFER FACILITY
If the Designated Transfer Facility or Designated Disposal Facility becomes unavailable or otherwise unfeasible, Contractor and City shall work together to identify a feasible alternative.
ARTICLE 7
[RESERVED.]
[This Section Blank]
ARTICLE 8
OTHER SERVICES
59 8.1 CUSTOMER BILLING
A. Billing. Contractor shall be responsible for all billing functions related to its services provided under this Agreement. All Single-Family Residents shall be billed no less than quarterly, and Multi-Family Dwelling and Commercial Premises customers shall be billed monthly. However, in the event of a billing error (e.g., Contractor provides services without billing), Contractor may bill customers up to one year after providing services. Owners of a premises shall ultimately be liable for payment of Contractor invoices, regardless of whether Contractor initially bills the occupant or tenant directly. Customers may be billed prior to receiving the collection services, but the due date shall be no sooner than thirty (30) days from the date of the invoice. Contractor may bill customers a late payment fee at Contractor’s then-current rate, returned payment fees, reactivation and redelivery fee, as well as all costs associated with bad debt collection, as may be set forth in Attachment A. Contractor may suspend or terminate service to customers that become more than sixty (60) days past due. Additionally, Contractor may submit delinquent accounts to the City for special assessment on the next property tax roll (see Attachment G). If collection service is reactivated, Contractor may charge an resume charge and/or may require a deposit from the customer, as may be set forth in Attachment A. City will provide reasonable assistance to Contractor regarding Contractor’s billing and collection of amounts due from customers, which may include timely notification to Contractor of changes in customers (e.g., evictions, move-ins, and move-outs) and modification of municipal ordinances to ensure customer’s adhere to the requirements of this Agreement. If the ability to pay bills for collection service electronically is offered and customer chooses to remit payment electronically by debit or credit card, a convenience fee may apply.
B. Office. Contractor shall maintain a local office within Shasta County, currently located at 37484 Cornaz Dr, Burney, CA 96013. The local office shall be open for business from 9:00 a.m. until 5:00 p.m. Monday through Friday, exclusive of holidays. Contractor may change the address of its local office upon thirty days advance written notice to the City.
C. Customer Service. Contractor will provide a toll-free phone number which shall be answered by an employee of Contractor to receive service complaints and answer questions regarding service during business hours.
D. Privacy of Customer information. Contractor shall not distribute or sell customer, owner, or occupant information such as names, addresses, and telephone numbers to other persons with the exception of distribution to the City or its agents for reporting and contract compliance purposes.
E. Website. Contractor shall maintain and publicize an up-to-date website whereby customers can obtain the information regarding Contractor’s services. 60 8.2 PUBLIC EDUCATION AND PROMOTION
Contractor and City agree that all public education activities will be a collaborative effort between City and Contractor. Contractor shall be responsible for ensuring that its customers consistently receive a high level of service and responsiveness. Contractor acknowledges and agrees that education and public awareness are important elements of any effort to achieve the diversion of recyclable materials from the waste stream. Contractor shall develop an annual Public Education and Outreach Plan. At a minimum, the Contractor’s Public Education and Outreach Plan shall include:
1. All required SB 1383 residential and commercial Public Education and Outreach
8.3 WASTE GENERATION/CHARACTERIZATION STUDIES
Contractor acknowledges that City may perform solid waste generation and characterization studies periodically, but no more often than once in any five-year period, to determine the composition of collected materials. Contractor agrees to participate and cooperate with City and its agents and to accomplish studies and data collection and prepare reports, as needed, to determine weights and volumes of solid waste and/or recyclable materials and characterize materials generated, disposed, transformed, diverted or otherwise handled/processed to satisfy requirements of the Act.
8.4 PROVISION OF EMERGENCY SERVICES
Contractor shall provide emergency services at City’s request in the event of major accidents, disruptions, natural calamities or other emergencies as designated by federal, State or local authorities. Emergency services may include, but are not limited to: assistance handling, salvaging, processing, composting, or recycling materials; or disposing of solid waste following a major accident, disruption, or natural calamity. Contractor shall be capable of providing emergency services within twenty-four (24) hours of notification by City or as soon thereafter as is reasonably practical in light of the circumstances. Contractor shall be entitled to payment for emergency services rendered at the relevant rates set forth in Attachment A, as amended from time to time, or as negotiated by Contractor and City where relevant rates are not provided therein.
ARTICLE 9
REQUIREMENTS FOR OPERATIONS, EQUIPMENT
AND PERSONNEL
9.1 COLLECTION STANDARDS
A. Implementation of services. Contractor shall be responsible for managing implementation of new collection services and other related services under this Agreement.
B. Contractor shall not be required to pick up Refuse, Green Waste/Organics, or Recyclable Materials that are not contained in proper containers, bins or Blue Bags. 61 C. Servicing containers and missed or refused pick-ups
1. General. Contractor shall collect the contents and return each container to the location where the occupant properly placed the container for collection.
Contractor shall use due care when handling containers. Contractor shall not be responsible for the deteriorating condition of customer-owned container(s) due to normal wear-and-tear. Upon customer request, Contractor shall provide special services, including: unlocking and locking containers; accessing locked container enclosures (e.g., with a key or combination lock); and pulling or pushing containers to the collection vehicle. Contractor shall provide the special services described in this paragraph upon request from customer and Contractor shall be entitled to bill customer for any special services provided by Contractor.
2. Missed Pick-Ups. When notified of a Missed Pick-Up Collection Event, Contractor shall collect the Refuse, Recyclable Materials or Green/Organic Waste, as applicable, as soon as reasonably possible but no later than 7 days, with customer consent. Contractor shall retain the right to bill customer as noted in the rate schedule shown as Attachment A, as amended from time to time, for returns for Missed Pick-Ups if container was not set out for collection during the normal collection hours when Contractor’s collection vehicle ordinarily is present for collection.
3. Refused Pick-Ups. Contractor may refuse to collect customer’s container under the circumstances as otherwise provided for herein.
D. Set out instructions to Customer. Contractor shall instruct customers as to any preparation of Refuse, Green Waste/Organics, C&D and/or Recyclable Materials and the proper placement of containers (carts, bins, debris boxes). All customers shall provide Contractor unobstructed and safe access to all containers. If customers are not adhering to Contractor’s instructions, Contractor shall notify such customers of the noncompliance. In cases of extreme or repeated failure to comply with the instructions, Contractor may decline to pick-up the Refuse, C&D and/or Recyclable Materials provided that Contractor informs customer of noncompliance indicating the reason for refusing to collect the material and providing steps to correct noncompliance. Contractor retains the right to indefinitely suspend service for serial violators. In the case of contaminated Recyclable Materials or Green Waste/Organics, Contractor may charge customer for collection and disposal as Refuse (including a return trip charge and an extra solid waste collection charge) at the rates set forth as provided for in the rate schedule shown as Attachment A, as amended from time to time.
E. Customer Waiver. Contractor may require a property damage waiver from customer where collection service is provided, but private roads or driveways are deemed inadequate in width or load-bearing capacity.
62 F. Care of private property. Subject to Subsection E., above, Contractor shall not damage private property. Contractor shall ensure that its employees:
1. Close all gates opened in making collections, unless otherwise directed by the customer,
2. Do not cross landscaped areas, and
3. Do not climb or jump over hedges and fences.
G. Liter abatement.
1. Minimization of spills. If excessive collection materials are spilled or scattered during collection or transportation operations, caused by Contractor, Contractor shall immediately, at the time of occurrence, clean up all spilled and scattered materials. Contractor shall use due care to prevent vehicle oil, vehicle fuel, or other liquids from being spilled during collection or transportation operations including maintenance of the collection vehicles to minimize and correct any leaks. Equipment oil, hydraulic fluids, spilled paint or any other liquid or debris resulting from Contractor’s collection operations or equipment repair shall be covered immediately with an absorptive material and removed from the street surface. When necessary, Contractor shall apply a suitable cleaning agent to the street surface to provide adequate cleaning. Where applicable, Contractor shall meet or exceed National Pollutant Discharge Elimination System (NPDES) permit requirements for hazardous materials handling, cleanup and reporting.
9.2 VEHICLES
A. General. Contractor shall provide a fleet of collection vehicles sufficient in number and capacity to efficiently perform the work required by the agreement in strict accordance with its terms. Contractor shall have available sufficient backup vehicles for each type of collection vehicle used (e.g., side loader, front loader, and roll-off vehicles) to respond to mechanical breakdowns, complaints, and emergencies.
B. General vehicle specifications
1. All vehicles used by Contractor in providing solid waste, C&D and/or targeted recyclable material services shall be registered with the California Department of Motor Vehicles.
2. All collection vehicles shall have leak-proof bodies designed to prevent leakage, spillage and/or overflow and shall be designed so that collected materials are not visible.
63 3. All vehicles shall comply with California Environmental Protection Agency (Cal/EPA) noise emission regulations and California Air Resources Board air quality regulations and other applicable pollution control regulations.
Contractor’s obligations and/or scope of services under this Agreement exclude any existing requirements regarding the future conversion of fleets, or any part thereof, to Zero emissions (ZEV) or Near-zero-emissions (NZEV) vehicle(s) or the future acquisition, hiring or use of ZEVs or NZEVs under Applicable Law, including without limitation Sections 2015 et seq. of Title 13 of the California Code of Regulations. Should such existing applicable law apply to any Contractor’s vehicles used in the provision of services under this Agreement during the Term, then the City and Contractor agree to meet and confer in good faith to amend this Agreement to incorporate provisions and obligations reasonably necessary to comply with such applicable law, and Contractor shall be entitled to a rates adjustment in accordance with Section 12.7 for such change in Contractor’s obligations and/or scope of services under this Agreement.
C. Vehicle identification. Vehicles shall be clearly labeled to provide easy identification of company.
D. Cleaning and maintenance.
1. General. Contractor shall maintain all of its properties, vehicles, facilities, and equipment used in providing service under this agreement in a safe and operable condition at all times.
2. Cleaning. Vehicles used in the collection of solid waste or recyclable materials shall be thoroughly washed, and thoroughly steam cleaned periodically so as to present a clean and visually appealing appearance. City may inspect vehicles at any time to determine compliance with this agreement. Contractor shall also make vehicles available to City staff for inspection, at any frequency it requests.
3. Painting. Contractor shall maintain the paint on its vehicles to be free of excessive fading and degradation and shall keep the paint on vehicles to appear neat and visually appealing.
4. Maintenance. Contractor shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles which are not operating properly shall be removed from service until repaired and operating properly.
Contractor shall perform all scheduled maintenance functions in accordance with the manufacturer’s specifications and schedule or in accordance with California Highway Patrol standards, whichever are more stringent. Contractor shall keep accurate records of all vehicle maintenance, recorded according to date and mileage and shall make such records available to City upon request.
64 5. Repair. Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown, hydraulic oil or engine oil leaks, or any other cause so as to maintain all equipment in a safe and operable condition. If an item of repair is covered by a warranty, Contractor shall obtain warranty performance.
Contractor shall maintain accurate records of repair, which shall Include the date and mileage, nature of repair and the verification by signature of a maintenance supervisor that the repair has been properly performed.
E. Operation.
1. General. Vehicles shall be operated in compliance with federal, State and local laws and regulations including the California Vehicle Code, the regulations of the California Air Resources Board (CARB) Waste Collection Vehicle Regulations as established in the California Code of Regulations Title 3 Section 2700 et seq. and all applicable safety and local ordinances. Upon request of the City, Contractor shall provide City with documentation of such compliance for each vehicle. For example, with regard to CARB regulations, such documentation shall demonstrate, at a minimum, the vehicle number, make, model, year, control technology used or planned, and the year that the control technology was applied or is planned to be applied.
2. Vehicle Weights. Contractor shall not load vehicles in excess of the manufacturer’s recommendations or limitations imposed by federal, State, or local weight restrictions on vehicles or roads. Contractor shall implement policies and procedures to track the weight of vehicles to assure that they comply with this requirement.
In the event that a vehicle is overweight, Contractor shall take all appropriate corrective actions to correct cause of the overweight vehicle, including making adjustments to routes to eliminate ongoing over-weights associated with individual routes.
3. Noise. Contractor equipment used for solid waste, C&D and/or recyclable materials services shall be registered with the California Department of Motor Vehicles. Equipment shall comply with US EPA noise emission regulations, currently codified at 40 CFR Part 205.
4. Vehicle Tare Weights. Annually, Contractor shall have each collection vehicle weighed to determine the unloaded weight (“tare weight”) of the vehicle. Upon a major repair that could affect the collection vehicle tare weight, Contractor shall have the collection vehicle reweighed to establish a new tare weight.
5. Vehicle Backing. Collector shall use all reasonable means to minimize or avoid backing of collection vehicles.
65 9.3 CONTAINERS
A. General. Contractor shall provide all carts, bins and debris boxes, as appropriate, to all customers as part of its obligations under this agreement. Contractorprovided containers shall be designed and constructed to be watertight and prevent the leakage of liquids. All carts shall be manufactured by injection or rotational molding methods; and contain post-consumer content. Carts provided to customers shall be maintained by Contractor in a safe condition. All containers shall meet applicable federal, State, and local regulations for bin safety; shall be covered with attached lids; and shall have the capability to be locked if required or requested by customer. All containers shall be maintained in a safe, serviceable, and functional condition.
B. Color. The colors of the containers provided to single-family, multi-family and commercial customers shall be a uniform color for solid waste and a contrasting uniform color for recyclable materials and for green waste/organics, or if same color, as labeled.
C. Repair and replacement. Contractor shall maintain all bins and debris boxes to appear visually appealing and shall paint the bins and boxes, as needed, to maintain this appearance. Contractor shall repair or replace all containers damaged by collection operations (e.g., vehicle apparatus interface) within five (5) Business Days of being notified by customer or observing the damaged container. If the repair or replacement cannot be completed within five (5) Business Days, Contractor shall notify customer and provide a Contractor-owned container of the same size or larger until the original container can be replaced. The cost to repair or replace containers damaged or destroyed by Contractor or made unserviceable through normal wear and tear (except customer-owned containers) shall be borne by Contractor. Contractor shall not be responsible for the cost of repairing or replacing Contractor-owned containers that are lost, damaged or destroyed through customer’s negligence. In such case, Contractor shall be entitled to bill customers for the cost of a replacement Contractor- owned container and its delivery as presented in the rate schedule shown as Attachment A, as amended from time to time.
D. Protection from Wildlife. Customer shall take all reasonable precautions to protect container from damage or intrusion by wildlife, i.e. scavenging birds and bears.
Containers shall not be set out in such a fashion (i.e. missing covers or open covers) or any earlier than the night before collection so as to limit scavenging by wildlife.
If damage to containers occurs due to customer gross negligence in this respect, Contractor shall have the discretion to bill customers for the cost of a replacement container and its delivery as presented in the rate schedule shown as Attachment A.
Contractor shall make bear-resistant containers available to customers in accordance the rate schedule shown as Attachment A.
66 9.4 PERSONNEL
A. General. Contractor shall furnish such qualified drivers, mechanical, supervisory, customer service, clerical and other personnel as may be necessary to provide the services required by this agreement in a safe, thorough, professional and efficient manner and shall provide, at a minimum, the number and type of personnel necessary for same.
B. Driver qualifications. All drivers shall be trained and qualified in the operation of collection vehicles, and must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. Contractor shall use the Class II California Department of Motor Vehicles employer “Pull Notice Program” to monitor its drivers for safety.
C. Customer service representative training. Customer service representatives shall be trained on specific City service requirements and Contractor policies. A City information sheet shall be provided to each customer service representative for easy reference of City requirements and general customer needs.
D. Safety training. Contractor shall provide suitable operational and safety training for all of its employees who operate collection vehicles or equipment or who are otherwise directly involved in such collection. Contractor shall train its employees involved in collection to identify, and not to collect, hazardous waste or infectious waste.
E. Drug Free Workplace. Contractor shall adopt policies and procedures consistent with State and federal law that ensure a sober and drug-free workplace. Further, the policies and procedures shall prohibit an employee from operating equipment and vehicles (whether on or off duty) while under the influence of alcohol or drugs. The purpose of these policies and procedures is to ensure workplace safety, productivity, efficiency, and the quality of Contractor’s service to customers.
Contractor shall participate in all routine and/or required random drug and alcohol testing programs.
9.5 HAZARDOUS WASTE INSPECTION AND HANDLING
A. Inspection program and training. Contractor shall visually check solid waste containers, C&D and/or recyclable materials and other materials put out for collection and may reject solid waste, C&D and/or recyclable materials and other materials observed to be contaminated with hazardous waste and not collect hazardous waste put out with solid waste, C&D and/or recyclable materials.
Contractor shall develop a load inspection program that includes the following components:
1. Personnel and training
2. Load checking activities
67 3. Management of wastes
4. Record keeping and emergency procedures
Contractor’s load checking personnel, including its collection vehicle drivers, shall be trained in:
5. The effects of hazardous substances on human health and the environment
6. Identification of prohibited materials
7. Emergency notification and response procedures. Collection vehicle drivers shall visually check containers before collection when practical.
B. Response to Hazardous Waste identified during Collection. Under no circumstances shall Contractor’s employees knowingly collect hazardous waste or remove unsafe or poorly containerized hazardous waste from a collection container. If Contractor determines that material placed in any container for collection is hazardous waste or other material that may not legally be accepted or safely processed at the designated transfer facility or presents a hazard to Contractor’s employees, or those at the designated transfer facility, the Contractor shall have the right to refuse to accept such material. If hazardous waste is found in a collection container or collection area that could possibly result in imminent danger to people or property, Contractor shall immediately telephone the nine-one-one (911) emergency telephone number. Contractor shall notify City of any hazardous waste identified in containers or left at any premises within twenty-four (24) hours of identification of such material.
C. Reporting, regulations, and record keeping. Contractor shall comply with emergency notification procedures required by applicable laws and regulatory requirements. Contractor shall notify all appropriate agencies, including the California Department of Toxic Substances Control, local emergency response providers and the National Response Center of reportable quantities of hazardous waste found or observed in solid waste, recyclable materials, electronic waste, universal waste, and construction and demolition debris (C&D) anywhere within its service area. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain hazardous wastes unlawfully disposed of or released on any City property, including storm drains, streets or other public rights of way, Contractor will immediately notify City. All records required by regulations shall be maintained at Contractor’s facility. These records shall Include: waste manifests, waste inventories, waste characterization records, inspection records, incident reports, and training records. Contractor shall maintain records showing the types and quantities, if any, of hazardous waste found in solid waste, C&D and/or recyclable materials which were inadvertently collected from customers within its service area, but diverted from landfilling.
68 9.6 COMMUNICATION AND COOPERATION WITH CITY
Communications. Contractor’s Representative shall have e-mail capabilities to enable City and Contractor’s Representative to communicate via email. Contractor’s Representative shall respond to City email correspondence within twenty-four (24) hours.
A. Meetings. Upon request from Franchise Manager, Contractor shall meet with City to discuss operations issues of each active diversion program, quality and reliability of collection services, and compliance with the terms of the agreement.
B. Inspection by City. City shall have the right, but not the obligation, to observe and inspect all of Contractor’s operations under this agreement. In connection therewith, City shall have the right to enter facilities used by Contractor during operating hours, speak to any of Contractor’s employees and receive cooperation from such employees in response to inquiries. In addition, upon reasonable notice and without interference with Contractor’s operations, City may review and copy any of Contractor’s operational and business records related to this agreement. If City so requests, Contractor shall make specified personnel available to accompany City employees on inspections and shall provide electronic copies of records stored in electronic media.
9.7 BUY-RECYCLED POLICY
Contractor shall use its best efforts to comply with the purchasing requirements described in this Section.
A. Supplies. Contractor shall use reasonable business effort to purchase office supplies and all paper products with 100% post-consumer recycled content or as high a percentage of post-consumer content that is reasonably available.
B. Recycled paper. Insofar as is possible, Contractor shall use recycled paper for all correspondence with customers and City, including invoices, bills, reports, and public education materials. Contractor shall state on all materials prepared with post- consumer recycled content the following: “Printed on Recycled Paper.” C. Re-refined motor oil. Contractor shall be encouraged but not required to use rerefined motor oil for its collection vehicles.
D. Recycled plastic. Contractor shall purchase carts that contain the maximum postconsumer content available. All carts shall be 100% recyclable.
ARTICLE 10
RECORD KEEPING AND REPORTING
10.1 GENERAL
A. Need for Records.
69 1. Contractor shall compile and maintain operational and financial records related to its performance as necessary to develop the reports required by this agreement, to conduct its operations, to support requests it may make to City for rate adjustments, to support requests it may make to City for any major changes to operations or anticipated future changes to operations, to support the need for anticipated major expenses likely to be incurred in the future, to help meet the reporting and solid waste program management needs of City and to respond to requests from City.
2. Comprehensive Environmental Response, Compensation and Liability Act of 1982 (CERCLA) defense records. City views the ability to defend against CERCLA and related litigation as a matter of great importance. For this reason, City regards the ability to prove where solid waste collected in City area was taken for transfer or disposal, to be matters of concern.
Contractor shall maintain data retention and preservation systems which can establish where solid waste collected in the service area was delivered for transfer or disposal.
3. Upon written direction or approval of City, the records and reports required by Contractor in accordance with this and other articles of the agreement shall be adjusted in number, format, or frequency.
B. Inspection of records. City shall have the right to inspect or review at Contractor’s office, and with a minimum notice of 24 hours beforehand, the payroll tax reports, specific documents or records required expressly or by inference pursuant to this agreement, or any other similar records or reports of Contractor that City shall deem reasonably necessary to evaluate annual reports, rate adjustment applications provided for in this agreement, and Contractor’s performance or other matters related to this agreement. City, its auditors and other agents selected by City, shall have the right, during regular business hours, to conduct on-site inspections and review of the records and accounting systems of Contractor and to make copies of any of Contractor’s documents relevant to this agreement, with the exception that City or its representatives may not make copies of Contractor’s proprietary information. Upon request, Contractor shall arrange for records of Related Party Entities to be made available to City and its official representatives for review, to the extent such records are reasonably necessary to evaluate annual reports, Contractor’s performance, or other matters related to this agreement; provided, however, that no copies of Related Parties Entities’ records may be made by City or its representatives.
C. Retention of records. Unless otherwise herein required, Contractor shall retain all records and data required to be maintained by this agreement for the Term plus at least three (3) years after expiration or early termination of the agreement. Records and data shall be in a chronological and organized form and readily and easily interpreted.
70 D. Record security. Contractor shall maintain adequate record security to preserve records from events that can be reasonably anticipated such as fire, theft, and earthquakes. Electronically-maintained data and/or records shall be protected, backed up, and stored at a separate site from the original data.
10.2 RECORD KEEPING.
A. Accounting Records. Contractor shall maintain full, complete and separate financial, statistical and accounting records, pertaining to cash, and provisions of all Collection Services provided under this Agreement, prepared on an accrual basis in accordance with generally accepted accounting principles. Such records shall be subject to audit and inspection. Gross Revenues derived from provision of the Collection Services shall be recorded in the accounts of Contractor. These records shall be separate from other records maintained by Contractor for the provision of other services outside the scope of this Agreement as may be provided by Contractor.
B. Tonnage Records. Contractor shall maintain records of the quantities of (i) Garbage, Recyclable Material, and Green Waste, Organic Waste and C&D materials collected, processed, composted, and disposed under the terms of this Agreement, and (ii) Recyclable Materials and Organic Waste, by material type, purchased, sold, donated or given for no compensation, and residue disposed.
C. Records. Contractor shall maintain all other records reasonably related to provision of Collection Services, whether or not specified in this Article or elsewhere in the Agreement.
10.3 REPORTING REQUIREMENTS. Annual reports shall be submitted to the City Representative no later than ninety (90) calendar days after the end of the reporting year. Reports shall be submitted in a format mutually agreed upon between City and Contractor.
10.4 ANNUAL REPORT. The annual report submitted to City shall include:
A. Experience Modification Factor - provide a copy of the Contractor’s annual experience modification factor and all historical factors.
B. Account Data. The number of SFD, MFD, and commercial accounts by service level (e.g., cart size, container size and collection frequency).
C. Equipment Inventory. Updated complete inventory of collection and major processing equipment including stationary, rolling stock and collection containers by type and size, and fulfilling all requirements of Section 5.1.
D. Donated Services. A listing of any services beyond the scope of this Agreement that were donated to City or Service Recipients
E. Tonnage Data. Contractor shall provide a monthly individual accounting of solid waste, recyclable material, green waste, and other tonnages, separately for 71 residential, commercial and roll-off services, within each of the three franchise areas. All tonnage data should be compared to the corresponding tonnage data from the prior year comparable period.
F. Diversion Rate. Contractor shall calculate its annual Franchised Diversion Rate based on the above reported tonnage data. The calculated Franchised Diversion Rate shall include adjustments for estimated recyclable material and green waste contamination and residue that is not recycled and is landfilled, along with the basis for those estimates (e.g., facility waste composition study of Contractor loads).
G. Public Education and Information Activities. Contractor shall report on all public education and information activities undertaken during the period, including distribution of bill inserts, collection notification tags, community information and events, school visits, tours and other activities related to the provision of Collection Services. - Contractor shall also provide an accounting of the status of the implementation of the Contractor’s Public Education Plan for the current year, including the date of completion of proposed activities.
H. AB 341 and 1826 Compliance Data. Contractor shall provide any AB 341, AB 1826 and SB 1383 reporting that the City may require.
I. Operational Problems and Actions Taken. Indicate instances of property damage or injury (other than property damage or injury to Contractor’s property or personnel), significant changes and/or challenges in operations, and market factors. This section of the report shall also include an accounting of the following:
1. Fluid spills - Date, location, truck number, estimated volume of spill and any other relevant information.
2. Overweight vehicles - Date, truck number, line of business (residential, commercial, roll-off), and the number of pounds overweight.
10.4.1 QUARTERLY REPORT. The quarterly report submitted to City shall include:
A. Gross Revenues and Franchise Fees.
1. A summary of the prior quarter’s Gross Revenues broken down by SFD, MFD, and Commercial premises. .
2. A calculation for the franchise fee remittance.
10.5 REPORT FORMAT AND CONTENT AND ADDITIONAL REPORTING.
Contractor shall furnish City with any additional reports as may reasonably be required, such reports to be prepared within a reasonable time following the reporting period, including but not limited to any required AB 341, AB 1826, and SB 1383 reporting. In addition, Contractor shall furnish to City information regarding Contractor’s activities under this Agreement that is needed 72 for City to prepare its reports to CalRecycle. City reserves the right to change the format and / or content of the Annual Reports, and any other required reports.
ARTICLE 11
FRANCHISE FEE
11.1 GENERAL
In consideration of the exclusive franchise granted to Contractor by this agreement, and to reimburse City for costs incurred in administering this agreement, Contractor shall pay to City a franchise fee, based on a fixed percentage of Gross Receipts. The franchise fee shall be 4% upon the Effective Date of this agreement, but may be adjusted from time to time by the City Council during the Term of this agreement. Any adjustment to the franchise fee shall be timed to occur on or around Aug 1 of the Rate Year to coincide with the RRI adjustment, and shall be considered a pass-through adjustment, and as such shall be recoverable to Contractor through an adjustment to the rates.
11.2 TIME AND METHOD OF PAYMENT
On or before the fifteenth (15th) Business Day after the end of March, June, September and December, Contractor shall remit to City the amount of the franchise fees due on Gross Receipts during the immediate previous quarter. Contractor shall provide, concurrently with the payment of the franchise fee, a statement showing the calculation of each fee, including the Gross Receipts from customers. The statement shall be in a format, and contain the level of detail, specified by City. Payments from Contractor to City shall be made by ACH..
11.3 OTHER FEES AND FEE AMOUNTS
City reserves the right to charge other fees and /or change the amount of any fee upon approval of the City Council. Rates shall be adjusted to account for the impact of any such other fees or changes in fee amounts, with those costs treated as Pass Through Costs.
In the event the franchise fee or any other fee set forth in this agreement is determined by a court to be excessive, invalid or unenforceable, then Contractor shall not be obligated to remit such invalidated franchise fee or other fee to the City. City and Contractor will, as promptly as reasonably practicable following such court decision meet and confer to negotiate in good faith and using reasonable efforts to agree upon on adjustments to each of the Contractor rates, which adjustments shall in the aggregate, as applied to Collection Services, equal the amount of the City fees determined to be excessive, invalid or unenforceable. To the extent the customers are entitled to a reimbursement of any excessive, invalid or unenforceable City fees, City will directly reimburse such customers such City fees to the extent the same have been paid by such customers either directly or indirectly (through Contractor) to the City.
ARTICLE 12
THE RATES
73 12.1 GENERAL
The setting of and adjustment to the rates provided for in this Article shall be the full, entire, and complete compensation due to Contractor for all labor, equipment, materials, and supplies, taxes, insurance, bonds, overhead, disposal, profit, and all other things necessary to perform all the services required by this agreement in the manner and at the times prescribed. Nothing in this Article is intended to imply that any action of City or Contractor with regard to adoption, adjustment, imposition or collection of rates is violative of any laws, regulations or provisions of the California Constitution.
12.2 POTENTIAL RATE CONSTRAINTS
A. The Parties recognize that, as of the date this agreement is entered into, there is no authoritative judicial determination of whether Articles XIIIC and D (Proposition 218) of the California Constitution apply to charges imposed by private enterprises for solid waste handling and recycling services when those charges are regulated by a local government. Until such authoritative judicial guidance is available, City intends to provide notice of proposed rate increases, and an opportunity for public hearing and protest as required by Article XIIID, except as specifically exempted under Article XIIID. City will not be in default of this agreement if:
1. A successful majority protest under the provisions of Proposition 218 process prevents a proposed rate increase from being adopted, or
2. A court of competent jurisdiction rules that rates adopted by City are not consistent with Article XIIID.
B. The Parties further recognize that various rates and fees may be subject to the provisions of Article XIIIA of the California Constitution (Proposition 13) and its implementing legislature. The timeframe for any action concerning the adjustment of the rates by either Party shall be adjusted as necessary to comply with such requirements as further provided below in Section 12.9.
12.3 OMITTED
12.4 INITIAL RATES
The initial rates that Contractor may bill customers, starting on the Effective Date of this Agreement and through June 30, 2026, are set forth in Attachment A (the “Rates”).
12.5 CITY OR CONTRACTOR REQUESTED COST PLUS DETAILED RATE REVIEW
For Rate Year beginning _July 1, 2028, a detailed rate review will be performed to establish a base rate year. Subsequent, notwithstanding the rate adjustment procedures described above, City or Contractor may request a Cost Plus Detailed Rate review to be conducted following the procedures 74 as set forth in Attachment B to this Agreement. A Cost Plus Detailed Rate review shall be conducted once every three (3) Rate Years.
12.6 REFUSE RATE INDEX - ADJUSTMENTS TO THE RATES
A. Adjustments to the Rates Using the Refuse Rate Index (RRI). Beginning on July 1, 2026 and annually thereafter, Contractor shall, subject to compliance with all provisions of this Article and the provisions of all pertinent legal requirements including, but not limited to Proposition 218, receive an annual adjustment in of the Rates through the Refuse Rate Index process as set forth in Attachment C of this Agreement. Beginning on July 1, 2026, and annually thereafter during the Term of this Agreement, the Rates then in effect shall be adjusted by the RRI adjustment set forth below. In any year that the calculation of the RRI results in a negative number, there shall be no adjustment in the Rates.
B. 12-Month Annual Average. The RRI adjustment shall be the sum of the weighted percentage change in the 12-month annual average of each RRI index number between the base year, which shall be the prior preceding Calendar Year ending December 31st and the preceding Calendar Year ending December 31st as contained in the most recent release of the source documents listed in Attachment C, (“Refuse Rate Index”) which is attached to and included in this Agreement.
Therefore, the first rate adjustment under this Section will be based on the percentage changes between the 12-month annual average of the RRI indices for the Calendar Year ending 2024 and the annual average of the RRI indices for the Calendar Year ending 2025. The RRI shall be calculated using the RRI methodology included in Attachment C.
C. RRI Financial Information. On or before March 31, 2026, and annually thereafter during the Term of this Agreement, Contractor shall deliver to City prepared financial information in conjunction with the RRI submission.
D. Annual adjustments shall be made only in units of one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments. The indices shall be truncated at four (4) decimal places for the adjustment calculations.
E. As of March 31, 2026, and annually thereafter during the Term of this Agreement, City shall notify Contractor of the RRI adjustment to the affected Rates to take place on July 1 of that year. The administrator reserves the right to change the notification and implementation dates of the RRI adjustment if necessary, due to unforeseen delays in completing the Rate adjustment process, although Contractor will be fully reimbursed for any delay in implementation of Rate adjustments.
12.7 CITY OR CONTRACTOR REQUESTED SPECIAL RATE REVIEW
Notwithstanding above, either Contractor or City may request a special rate review to be conducted following the procedures as set forth in Attachment D to this Agreement, if costs of providing service hereunder result in an increase or decrease to the operating ratio by two percent (2%) or more for the then-current Rate Year.
75 A. Eligible items.
1. Flood, fire, earthquake, or other similar catastrophic event affecting Contractor’s performance which is beyond the reasonable control of and not the fault of Contractor.
2. Change in Law occurring after the Effective Date.
3. Changes in disposal or tipping fees, including the addition of, or change to a designated disposal or processing site.
4. Migration of customers from services for which Contractor charges hereunder to services for which Contractor does not charge, or charges less, hereunder.
5. Changes in any allowable Pass-Through Costs as defined in Attachment A to this Agreement.
6. Unforeseen hyperinflation of certain costs, including but not limited to insurance and/or fuel, outside the control of Contractor, that exceed 5% or more in any annual period.
If there is a negotiated change in scope of services, including new or modified services, the Parties will also negotiate an adjustment to the Rates based on an 84% operating ratio. Such negotiation process would be through written agreement of the Parties, not through a special rate review.
12.8 RATE-SETTING PROCESS
City shall be solely responsible for establishing and adjusting Rates as described in this Article.
Rates shall be adjusted only after joint discussions and agreement between City and Contractor, completion of the Rate adjustment process described in Article 1, a review by the administrator and approval of the Council.
Annual review process. The Rates shall be reviewed annually by City, commencing with Rate Year one (2026) and continuing through the remaining Term.
12.9 ARTICLE XIII C - D (PROPOSITION 218.
The Parties recognize that, as of the date this agreement is entered into, there is no authoritative judicial determination of whether Articles XIIIC and XIIID (Proposition 218) of the California Constitution apply to charges imposed by private enterprises for solid waste handling and recycling services when those charges are regulated by a local government. Until such authoritative judicial guidance is available, City intends to provide notice of proposed rate increases, and an opportunity for public hearing and protest as required by Article XIIID, except as specifically exempted under Article XIIID:
A. Proposition 218 Compliance. City shall be responsible for complying with all requirements of XIIID of the California Constitution and all requirements of 76 Government Code Section 53750 et seq. (collectively, “Proposition 218”), to the extent compliance with Proposition 218 is required. Contractor shall cooperate with City in providing the records and documentation, including customer and mailing lists, necessary to provide all notices and information required to conduct majority protest proceedings under Proposition 218. In conducting such proceedings, City shall consult with Contractor, as necessary, and shall keep Contractor reasonably informed of the progress concerning each protest hearing City conducts. However, City shall at all times act independently of Contractor in administering majority protest proceedings and shall at all times exercise its own judgment in ascertaining and applying the requirements of Proposition 218.
B. Reimbursement for Expenses of Proposition 218 Compliance. Following the completion of any proceeding under Proposition 218, Contractor shall reimburse City for all reasonable expenses incurred in providing notices to affected ratepayers and conducting the majority protest proceeding required by that initiative. Such expenses shall include the reasonable costs that City administration, staff, and counsel incur in providing or administering the notices, hearing, and counting of protests required. Such expenses shall be treated as pass-through costs and expenses in Contractor’s rates.
C. Proposition 218 Indemnification. Contractor shall indemnify the City, its officers, employees, agents and volunteers, (collectively, “Indemnitees”) from and against all claims, damages, injuries, losses, costs, including demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest fines, charges, penalties and expenses (including attorneys’ and expert witness fees, expenditures for investigation, and administration) and costs or losses of any kind whatsoever paid, imposed upon, endured or suffered by or assessed against Contractor or any of the Indemnitees resulting in any form from the City conducting of protest proceedings under Proposition 218 or in connection with the application of Proposition 218 to the imposition, payment or collection of rates and fees for services provided by Contractor under the Agreement. Contractor’s obligation to indemnify City shall be limited to $15,000 for any single, multiple, or consolidated action(s) or proceeding(s) challenging the approval of any specific increase in Rates in accordance with this Article. All expenses beyond that amount for the action(s) or proceeding(s) shall be borne exclusively by the City. The City shall defend any such action(s) or proceeding(s) with counsel of its choosing.
Contractor’s obligation to indemnify the City shall not be affected should Contractor be named as a party in any such action(s) or proceeding(s) along with the City or Indemnitees. Nor shall Contractor’s indemnification obligation be affected should Contractor seek to intervene, or intervene, in any action(s) or proceeding(s).
D. Reductions in Service Following Majority Protest. Following a majority protest to any requested Rate increase, the Parties shall promptly meet and confer to discuss the impact to Contractor on its ability to provide further services under the Agreement. As part of their efforts to meet and confer, the Parties shall discuss modifications to the services Contractor provides, or reductions in the levels of 77 service it provides, that would allow Contractor to continue to receive a reasonable profit under the Agreement. Should the Parties agree on modifications and/or reductions in service, they shall enter into a separate amendment to the Agreement to memorialize the agreed upon terms. In no event, however, shall any modification in service or reduction in the service level be authorized in violation of any minimum performance standard governing the collection of solid wastes and recycled materials, including but not limited to any provision of the Integrated Waste Management Act (“AB 939”), Titles 14 and 27 of the California Code of Regulations, and Chapter 6.04 of the Mt. Shasta Municipal Code.
ARTICLE 13
INDEMNITY, INSURANCE
13.1 INDEMNIFICATION
To the furthest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8, if applicable), City shall not be liable for, and Contractor shall defend (with attorneys reasonably acceptable to City) and indemnify City and its officers, agents, employees, and volunteers (collectively “City Parties”), against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics; liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorney’s fees and court costs (hereinafter collectively referred to as “Claims”), which arise out of or are in any way connected to the work covered by this agreement arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive of City Parties.
Contractor shall have no obligation, however, to defend or indemnify City Parties to the extent a Claim, as determined by a court of competent jurisdiction, was caused by the negligence, breach or willful misconduct of City Parties.
13.2 HAZARDOUS WASTE INDEMNIFICATION
Contractor shall indemnify, defend and hold harmless the indemnitees against all claims, of any kind whatsoever paid, incurred or suffered by, or asserted against indemnitees arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous wastes released, spilled or disposed of by Contractor pursuant to this agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, (“CERCLA”), 42 U.S.C. Section 9607(e), and California Health and Safety Code Section 25364, to defend, protect, hold harmless and indemnify indemnitees from liability and shall survive the expiration or earlier termination of this agreement. Notwithstanding the foregoing, Contractor is not required to indemnify the indemnitees against claims arising from Contractor’s delivery of solid waste, refuse, C&D and/or recyclable materials to a solid waste disposal facility, or their subsequent delivery to other processing locations or the ultimate disposal site, unless such claims are due to Contractor’s negligence or willful misconduct. Contractor’s obligations under this Section shall not apply with regard to hazardous wastes or other 78 unacceptable materials placed in containers without Contractor’s knowledge and written approval.
13.3 CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT
INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the indemnitees against all fines and/or penalties imposed by CalRecycle based on Contractor’s failure to comply with laws, regulations or permits issued or enforced by CalRecycle or caused or contributed to by Contractor’s failure to perform obligations under this agreement. This indemnity obligation is subject to the limitations and conditions in California Public Resource Code Section 40059.1 but is enforceable to the maximum extent allowable by that Section. This indemnity shall survive the termination or earlier expiration of this agreement. Contractor shall not be obligated to indemnify City against CalRecycle fines/penalties resulting from the negligence, breach or willful misconduct of City.
13.4 INSURANCE
Insurance Requirements. Without limiting Contractor’s indemnification of City, Contractor shall procure and maintain at all times during the life of this Agreement, a program of insurance against claims for injuries to persons or damages to property which may arise from or in conjunction with performance of the services hereunder by Contractor, its agents, or employees.
Said coverage shall be with a company authorized to do business in the state of California, and possess at least an A.M. Best’s rating of A:V and be acceptable to the City. Contractor shall provide City with proof of insurance coverage upon request.
A. Insurance shall meet the following provisions:
Minimum Limits on Insurance
1. General Liability: $1 Million per occurrence for bodily injury, personal injury, and property damage arising out of services performed by Contractor under this agreement.
2. Automobile Liability: $1 Million per accident for bodily injury, death, and property damage insuring against liability arising out of the use of any vehicle in performing services under this agreement.
3. Workers’ Compensation insurance as required by the State of California.
B. Other Insurance Provisions – Commercial General and Automotive Liability The commercial general liability and automotive liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its elected and appointed officials, officers, agents and employees are to be covered as additional insured with respect to liability arising out of operations performed by or on behalf of the Contractor; or automobiles 79 owned, leased, hired or borrowed by the Contractor. Blanket endorsements are acceptable.
2. For any claims related to Contractor’s services rendered pursuant to this Agreement, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, agents and employees. Any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, agents and employees shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by the clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice has been given to the City’s Risk Manager.
ARTICLE 14
DEFAULT AND REMEDIES
14.1 EVENTS OF DEFAULT.
Each of the following shall constitute an event of default (“Contractor default”):
A. Contractor fails to perform its obligations under Articles 5 through 8 of this agreement and its failure to perform is not cured within thirty (30) Business Days after written notice from City specifically describing such failure.
B. Contractor fails to perform its obligations under any other Article of this agreement and its failure to perform is not cured within thirty (30) Business Days after written notice from City specifically describing such failure, provided that if the nature of the failure is such that it will reasonably require more than thirty (30) Business Days to cure, Contractor shall not be in default so long as it promptly commences the cure and diligently proceeds to completion of the cure, and provided further that neither notice nor opportunity to cure applies to events described in the following subsections C through G.
C. Contractor ceases to provide collection and transportation services for a period of seven (7) Business Days for any reason within Contractor’s control. For purposes of clarity, a Force Majeure event is not within Contractor’s control.
D. Contractor files a voluntary petition for relief under any bankruptcy, insolvency or similar law.
E. An involuntary petition is brought against Contractor under any bankruptcy, insolvency or similar law which remains un-dismissed or un-stayed for ninety (90) Days.
80 F. Contractor fails to maintain all required insurance coverage as required by the Agreement, and Contractor fails to cure such failure within five (5) Business Days after receiving notice from City.
G. A representation or warranty contained in Article 2 proves to be false or misleading in a material respect as of the date such representation or warranty was made, and Contractor fails to cure such misrepresentation within five (5) Business Days after receiving notice from City.
14.2 CONTRACTOR’S RIGHT TO HEARING
No default shall be deemed unexcused unless the Franchise Manager reasonably so determines after giving Contractor the right to be heard and to present exculpatory evidence. Contractor may also ask for a hearing before the City Council, which request shall not be unreasonably denied.
Notwithstanding any action taken by the City, Contractor shall have an independent right to pursue all legal remedies available under applicable law.
14.3 RIGHT TO TERMINATE UPON DEFAULT.
A. Upon any Contractor default, and subject to Contractor’s cure rights set forth above, City may terminate this agreement. Such termination shall be effective thirty (30) days after City has given notice of termination to Contractor, except that such notice may be effective in a shorter period of time, or immediately, if Contractor default is one which endangers the health, welfare or safety of the public, such as the failure to collect solid waste, C&D and/or recyclable materials for the period of time exceeding seven (7) days. Notice shall be given in writing and shall specifically describe the grounds for termination.
B. In the event of termination of this agreement, each Party shall be entitled to payment of amounts due to them through the date of termination, but shall otherwise have no further obligation to one another pursuant to this agreement after the date of termination, assuming it was proper termination.
14.4 SPECIFIC PERFORMANCE
By virtue of the nature of this agreement, the urgency of timely, continuous and high quality service, the lead time required to effect alternative service, and the rights granted by City to Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and City may be entitled to injunctive relief.
14.5 RIGHT TO PERFORM; USE OF CONTRACTOR PROPERTY
A. If this agreement is terminated due to a Contractor default, or, for any reason whatsoever, Contractor fails, refuses or is unable to collect, transport or dispose of any or all solid waste, recyclables, C&D or other discarded materials which are required by this agreement, at the time and in the manner provided in this agreement for a period of more than five (5) days, and if, as a result thereof, solid waste, recyclables, C&D or other discarded materials should accumulate in the City to 81 such an extent and in such a manner, or for such a time that City should find that such an accumulation endangers or menaces the public health, safety or welfare, City shall have the right, even if Contractor is not in breach of this agreement, to perform, with its own forces or by contract, or to temporarily assign to another franchise contractor within the City the work herein or such part thereof as it may deem necessary upon twenty-four (24) hours prior written notice to Contractor.
B. City shall provide Contractor written notice that it intends to consider invoking this Article at a public meeting of its governing body, to be held two (2) or more Business Days from the date of the notice. At the meeting, the governing body may invoke its rights under this Article if it determines that there has been an interruption in collection service and that such interruption may continue, thereby threatening the public health, safety and welfare. If the governing body makes that determination, it may also determine to exercise City’s right to perform collection and transport services with its own personnel or authorize a third Party to do so, after having invoked this right under its franchise agreement with Contractor.
C. Such failure to act by Contractor shall be deemed by City as a public health emergency, and shall empower the City, per Article 13 of this agreement, to perform, or cause to be performed, such services itself with its own or other personnel and its own or other equipment, including, but not limited to Contractor’s equipment, if available. In such an event, Contractor shall immediately make Contractor’s collection equipment (if available) and a listing and description, including street names and addresses of all of Contractor’s service collection routes within Contractor’s franchise service area available to City. City shall have the right to continue to perform such services until other suitable arrangements can be made for the provision of such services, which may include the temporary award of a contract to another service provider until Contractor is able to resume services.
D. The period of time that City shall have the right to use Contractor’s equipment for the collection, transport or disposal of solid waste, recyclables, C&D or other discarded materials in such an event shall not exceed ninety (90) days. Contractor shall be reimbursed for the use of such equipment at Contractor’s actual cost for such equipment for the period of time that such use occurs.
14.6 CITY DEFAULT
City shall be in default under this agreement (“City default”) in the event City commits a material breach of the agreement and fails to cure such breach within thirty (30) days after receiving notice from Contractor specifying the breach, provided that if the nature of the breach is such that it will reasonably require more than thirty (30) days to cure, City shall not be in default so long as City promptly commences the cure and diligently proceeds to completion of the cure. In the event of an asserted City default, Contractor shall continue to perform all of its obligations hereunder until a court of competent jurisdiction has issued a final judgment declaring that City is in default. 82 14.7 EXCUSE FROM PERFORMANCE
A. Force Majeure. Provided that the requirements of this Section are met, Contractor shall be excused from performance and shall not be liable for failure to perform under this agreement if Contractor’s performance is prevented or delayed by a Force Majeure event. If, as a result of a Force Majeure event, Contractor is unable to wholly or partially meet its obligations under this agreement, it shall give City prompt written notice of the Force Majeure event, describing it in full detail, and describing the effect(s) of the Force Majeure event upon Contractor’s performance of its obligations. Contractor’s obligations, whether in full or in part, shall be suspended, but only with respect to that particular component affected by the Force Majeure and only for the period of time which the force majeure exists.
Contractor shall endeavor to fully restore its ability to perform its obligations under this agreement as quickly as possible.
B. City’s rights in the event of Force Majeure. The partial or complete interruption or discontinuance of Contractor’s services caused by an event of Force Majeure shall not constitute a Contractor default. Notwithstanding the foregoing:
1. City shall have the right to make use of Contractor’s facilities and equipment, if available, in the event of non-performance for more than seven (7) Business Days excused by Force Majeure;
2. If Contractor’s failure to perform by reason of Force Majeure continues for a period of one hundred and eighty (180) days or more, City shall have the right to immediately terminate this agreement for convenience; ARTICLE 15
OTHER AGREEMENTS OF THE PARTIES
15.1 RELATIONSHIP OF PARTIES
The Parties intend that Contractor shall perform the services required by this agreement as an independent contractor engaged by City, and not as an officer or employee of City, nor as a partner of or joint-venture with City. No employee or agent of Contractor shall be deemed to be an employee or agent of City. Except as expressly provided herein, Contractor shall have exclusive control over the manner and means of conducting the services performed under this agreement, and over all persons performing such services.
Contractor shall be solely responsible for the acts and omissions of its officers, employees, subcontractors and agents. Neither Contractor nor its officers, employees, subcontractors nor agents shall obtain any rights to retirement benefits, workers’ compensation benefits, or any other benefits which accrue to City employees by virtue of their employment with City.
15.2 COMPLIANCE WITH LAW
In providing the services required under this Agreement, Contractor shall at all times comply with all applicable laws of the United States, the State and City, with all applicable 83 regulations promulgated by federal, State, regional or local administrative and regulatory agencies, and by City, now in force and as they may be enacted, issued or amended during the Term, and with all permits affecting the services to be provided.
15.3 ASSIGNMENT
A. Qualifications. Contractor acknowledges that this agreement involves rendering a vital service to City’s residents and businesses, and that City has selected Contractor to perform the services specified herein based on:
1. Contractor’s experience, skill and reputation for conducting its operations in a safe, effective and responsible fashion, and
2. Contractor’s and the Guarantor’s financial resources to maintain the required equipment and to support its indemnity obligations to City under this agreement.
City has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this agreement.
B. City consent required. Contractor shall not assign its rights or delegate or otherwise transfer its obligations under this agreement to any other person without the prior notification to the City, aside from the purchase of ancillary goods or services provided by third parties. Any such assignment made without notifying the City shall be void and the attempted assignment shall constitute a Contractor default. Assignment of assets (including this agreement) or stock to another corporate subsidiary or Affiliate of Contractor shall not require City’s consent, provided the assignee has equivalent or greater assets of Contractor.
C. Assignment defined.
1. For the purpose of this Section, “assignment” shall Include:
a. A sale, exchange or other transfer to a third party of substantially all of Contractor’s assets dedicated to service under this agreement; b. Any assignment by operation of law, including insolvency or bankruptcy, an assignment for the benefit of creditors, a writ of attachment for an execution being levied against this agreement, appointment of a receiver taking possession of Contractor’s property, or transfer occurring in the event of a probate proceeding; and
c. Any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change in control of Contractor.
84 2. “Change in control of Contractor” for purposes of this Section shall mean a change in the ownership or control of more than fifty percent (50%) of the voting stock of Contractor (excluding transfers to revocable trusts for estate-planning purposes).
3. An “assignment” shall not include a transaction(s) with an affiliate of Contractor.
D. Consent requirements. If Contractor requests City’s consideration of and consent to an assignment, City shall not unreasonably deny such request. No request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met the following requirements:
1. Contractor shall pay City its reasonable expenses for attorneys’ fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment;
2. Contractor shall furnish City with audited financial statements of the proposed assignee’s operations for the immediately preceding three (3) operating years;
3. Contractor shall furnish City with satisfactory proof:
a. That the proposed assignee has at least five (5) years of solid waste/recycling management experience on a scale equal to or exceeding the scale of operations conducted by Contractor under this agreement.
b. That in the last five (5) years, the proposed assignee has not been the subject of any administrative or judicial proceedings initiated by a federal, State or local municipality having jurisdiction over its operations due to an alleged failure to comply with federal, State or local laws or, if such proceeding(s) have occurred, that such proceeding(s) have not materially impacted the assignee’s ability to perform its obligations under an agreement for services similar to this agreement.
c. That the proposed assignee conducts its operations in a safe and environmentally conscientious manner, in accordance with sound solid waste management practices in full compliance with all federal, State and local laws regulating the collection and disposal of solid waste and all environmental laws.
d. Of any other information required by City to ensure the proposed assignee can fulfill the terms of this agreement in a timely, safe and effective manner.
85 E. No obligation to consider. City will not be obligated to consider a proposed assignment if Contractor is in default.
15.4 SUBCONTRACTING
Contractor shall not engage any subcontractors to perform any of the services required of it without the prior written consent of City. Contractor shall notify City no later than twenty-four (24) hours prior for a short term Subcontract (7 days or less) or no later than thirty (30) days prior for a long term Subcontract (greater than 7 days). City may approve or deny any such request at its sole discretion.
15.5 AFFILIATED ENTITY
If Contractor enters into any financial transactions with an affiliate for the provision of labor, equipment, supplies, services, or capital related to the furnishing of service under this agreement, that relationship shall be disclosed to City, and in the financial reports submitted to City. In such event, City’s rights to inspect records and obtain financial data shall be limited to records and data of such affiliate that are relevant to those specific financial transactions.
15.6 NOTICE
A. All notices, demands, requests, proposals, approvals, consents and other communications which this agreement requires, authorizes or contemplates shall be in writing and shall either be personally delivered to a representative of the Parties at the address below or be mailed as certified mail, return receipt requested, addressed as follows:
If to City: If to Contractor:
City of Mt. Shasta
305 N. Mt. Shasta Boulevard
Mt. Shasta, California 96067
Attn: Bruce Pope, City Manager
Summit Disposal Inc.
1333 E. Turner Road
Lodi, CA 95240
Attn: Alex Oseguera
All such notices, demands, requests, proposals, approvals, consents and other communications shall be effective when received if personally delivered or three (3) days after mailed as aforesaid. Contractor shall promptly provide City the name and contact information for the above employees if there is a change during the Term.
15.7 REPRESENTATIVES OF THE PARTIES.
A. Representatives of City. References within this agreement to “City” shall mean the Mt. Shasta City Council. All policy-related actions to be taken by City shall be taken by the City Council. The City Council may delegate authority to the Franchise Manager, and/or to other City officials regarding operational decisions and may permit such officials, in turn, to delegate in writing some or all of such authority to 86 subordinate officers. Contractor may rely upon actions taken by such delegates if they are within the scope of the authority properly delegated to them.
B. Representative of Contractor. Contractor shall, by the Effective Date, designate in writing a responsible official who shall serve as the representative of Contractor in all matters related to the agreement and shall inform City in writing of such designation and of any limitations upon his or her authority to bind Contractor.
City may rely upon action taken by such designated representative as actions of Contractor unless they are outside the scope of the authority delegated to him/her by Contractor as communicated to City. Any amendment to this agreement will require the written approval of Contractor’s President.
15.8 DUTY OF CONTRACTOR NOT TO DISCRIMINATE
In the performance of this agreement Contractor shall not discriminate, nor permit any subcontractor to discriminate, against any employee, applicant for employment, or customer on account of race, color, national origin, ancestry, religion, sex, age, physical disability, medical condition, sexual orientation, marital status, or other characteristic, in violation of any applicable law.
15.9 TRANSITION TO NEXT SERVICE PROVIDER
At the expiration of the Term or the earlier proper termination of the agreement, or upon City’s approval of a proposed assignment, Contractor shall cooperate fully with City to ensure an orderly transition to any and all new service providers. Contractor shall provide, within ten (10) Business Days of a written request by City, then-current route lists, which identify each customer on the route, its service level (number of containers, container sizes, frequency of collection, scheduled collection day), any special collection notes, and detailed then-current customer account information. Contractor may, but is not required to, sell collection vehicles and containers to the next service provider. Contractor shall direct route supervisors to provide “ride-alongs” so that the new service provider’s employees may ride with drivers at the new service provider’s expense and liability in collection vehicles during collection operations. Contractor will direct its drivers and other employees to provide accurate information to the new provider about routing and customers.
15.10 REPORTS AS PUBLIC RECORDS
Unless an exemption applies, the reports, records and other information submitted or required to be submitted by Contractor to City are public records within the meaning of that term in the California Public Records Act, Government Code Section 6250 et seq. Unless a particular record is exempted from disclosure by the California Public Records Act, it must be disclosed to the public by City upon request. Contractor will not object to City making available to the public any information submitted by the Contractor, or required to be submitted in connection with the rates, including records described in Article 12. City shall notify Contractor of any and all such public records requests, and shall provide Contractor with reasonable amount of time to seek a protective order to protect such records from disclosure in the event Contractor has reason to 87 believe that the disclosure contains proprietary information or is otherwise exempt under the California Public Records Act.
ARTICLE 16
MISCELLANEOUS PROVISIONS
16.1 GOVERNING LAW
This agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California.
16.2 JURISDICTION
Any lawsuits between the Parties arising out of this agreement shall be brought and concluded in the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits.
With respect to venue, the Parties agree that this agreement is made in and will be performed in Siskiyou County.
16.3 BINDING ON SUCCESSORS
The provisions of this agreement shall inure to the benefit of and be binding on the successors and permitted assigns of the Parties.
16.4 PARTIES IN INTEREST
Nothing in this agreement is intended to confer any rights on any persons other than the Parties to it and their permitted successors and assigns.
16.5 WAIVER
The waiver by either Party of any breach or violation of any provisions of this agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision.
16.6 ATTACHMENTS
Each of the attachments, identified as Attachments “A” through “J” is attached hereto and incorporated herein and made a part hereof by this reference.
16.7 ENTIRE AGREEMENT
This agreement, including the attachments, represents the full and entire agreement between the Parties with respect to the matters covered herein and supersedes all prior negotiations and agreements, either written or oral.
88 16.8 SECTION HEADINGS
The Article headings and Section headings in this agreement are for convenience of reference only and are not intended to be used in the construction of this agreement nor to alter or affect any of its provisions.
16.9 INTERPRETATION
This agreement shall be interpreted and construed reasonably and neither for nor against either Party, regardless of the degree to which either Party participated in its drafting.
16.10 AMENDMENT
This agreement may not be modified or amended in any respect except by a writing signed by the Parties.
16.11 SEVERABILITY
If a court of competent jurisdiction holds any non-material provision of this agreement to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this agreement which shall be enforced as if such invalid or unenforceable provision had not been contained herein.
16.12 COSTS AND ATTORNEYS’ FEES
The prevailing Party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs expended in connection with such an action from the other Party, including its own attorneys’ fees.
16.13 NO DAMAGES FOR INVALIDATION OF AGREEMENT
If a final judgment of a court of competent jurisdiction determines that this agreement is illegal or was unlawfully entered into by City due to circumstances beyond City’s control, neither Party shall have any claim against the other for damages of any kind (Including loss of profits) on any theory.
16.14 REFERENCES TO LAWS
All references in this agreement to laws and regulations shall be understood to Include such laws and regulations as they may be subsequently amended or re-codified, unless otherwise specifically provided. In addition, references to specific governmental agencies shall be understood to Include agencies that succeed to or assume the functions they are currently performing. 89 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date first written above by their respective officers/representatives thereunto duly authorized.
SUMMIT DISPOSAL, INC. CITY OF MT. SHASTA
By: By:
Alex Oseguera Todd Juhasz, City Manager
Address:
1333 E. Turner Rd.
Lodi, CA 95240
Address:
305 North Mt. Shasta Boulevard
Mt. Shasta, CA 96067
90 ATTACHMENT A
RATE SHEET
Mount Shasta
Rates Effective 7/1/2025
Rate Adj.
1.71%
Residential Services Current
Monthly Rate
Rate
Adjustment
New Monthly
Rate Eff
7/1/2025
MSW Services
35-Gal. Weekly Pick-up $24.50 $0.42 $24.92
64-Gal. Weekly Pick-up $35.53 $0.61 $36.14
95-Gal. Weekly Pick-up $46.55 $0.80 $47.35
Recycle Services
64 Gallon Recycle - included with service $0.00 $0.00 $0.00 Additional Containers
64-Gal. MSW Weekly (Service Day) $22.42
64-Gal. Recycle (Service Day) $26.90
95-Gal. MSW Weekly (Service Day) $33.64
Extra Toter Setout (Service Day) $4.04 $0.07 $4.11
Toter Pickup (Non Service Day) $7.76 $0.13 $7.89
Late Payment Fee Greater of
2.5% OR $5.00
91 Mount Shasta
Rates Effective 7/1/2025
Rate Adj.
1.71%
Commercial Services Current
Monthly Rate
Rate
Adjustment
New Monthly
Rate Eff
7/1/2025
MSW Cart Services
35-Gal. 1x Weekly Pick-up $25.06 $0.43 $25.49
35-Gal. 2x Weekly Pick-up $45.86
35-Gal. 3x Weekly Pick-up $67.01
35-Gal. 4x Weekly Pick-up $86.99
35-Gal. 5x Weekly Pick-up $104.01 $1.78 $105.79
64-Gal. 1x Weekly Pick-up $36.34 $0.62 $36.96
64-Gal. 2x Weekly Pick-up $67.04 $1.15 $68.19
64-Gal. 3x Weekly Pick-up $100.56
64-Gal. 4x Weekly Pick-up $131.79
64-Gal. 5x Weekly Pick-up $159.15 $2.72 $161.87
95-Gal. 1x Weekly Pick-up $47.62 $0.81 $48.43
95-Gal. 2x Weekly Pick-up $88.97 $1.52 $90.49
95-Gal. 3x Weekly Pick-up $134.08
95-Gal. 4x Weekly Pick-up $176.57
95-Gal. 5x Weekly Pick-up $214.29 $3.66 $217.95
2-Yard Bin 1x Weekly $154.14 $2.64 $156.78
2-Yard Bin 2x Weekly $303.26 $5.19 $308.45
2-Yard Bin 3x Weekly $451.13 $7.71 $458.84
2-Yard Bin 4x Weekly $600.25 $10.26 $610.51
2-Yard Bin 5x Weekly $749.38 $12.81 $762.19
92 Mount Shasta
Rates Effective 7/1/2025
Rate Adj.
1.71%
Commercial Services Current
Monthly Rate
Rate
Adjustment
New Monthly
Rate Eff
7/1/2025
Ancillaries
2 Yard Bin Rental $25.00 $0.43 $25.43
2 Yard Bin On Call $68.00 $1.16 $69.16
Recycle Cart Services
96-Gal 2x Monthly $22.40 $0.38 $22.78
96-Gal 1x Weekly $33.61 $0.57 $34.18
Extra Pickups
Extra 2Y Pickup (Non Service Day) $52.54
Extra Toter Setout (Service Day) $7.76 $0.13 $7.89
Extra 1 YD Setout (Service Day) $12.56 $0.21 $12.77
Extra 2 YD Setout (Service Day) $25.12 $0.43 $25.55
Extra 1.5 YD Setout (Service Day) $18.84 $0.32 $19.16
Lock Rate $25.00 $0.43 $25.43
Late Payment Fee
Greater of
2.5% OR $5.00
Returned Check Fee $25.00
93 ATTACHMENT B
COST PLUS DETAILED RATE METHODOLOGY
General
In the event that either City or Contractor requests a Cost Plus Detailed Rate Review, as provided for in Section 12.5 the Cost Plus Detailed Rate Review shall be based on evidence or data presented by City or Contractor contained within the compiled financial statements for the preceding complete Calendar Year for the required franchise services.
Overview of Cost Plus Detailed Rate Application Process The Cost Plus Detailed Rate Review process is as follows:
1. Identify the reason(s) for the Cost Plus Detailed Rate Review request;
2. Establish the actual financial results for the prior Calendar Year, which shall consist of all franchised revenues and expenses as reported in Contractor’s compiled financial statement. It is expected that any revenues and/or expenses attributed to non- franchised services shall be clearly reported in the annual compiled financial statement along with the basis used to assign or allocate such revenues and expenses;
3. Calculate the rate adjustment required to achieve a revenue that will, in turn, result in a 84% (eighty seven and one half percent) targeted Operating Ratio.
4. Confer with the other Party to determine whether the requested rate modification is in conformance with the provisions of Section 12.5; and,
5. Jointly approve (which approval shall not be unreasonably withheld) and sign the Application and submit the Application to the City Council.
Cost Plus Detailed Rate Review Application
In support of a Cost Plus Detailed Rate Review, City or Contractor shall prepare a Cost Plus Detailed Rate Review Application (hereinafter “Application”) that shall be submitted to the other Party no later than October 1st. The Application shall include:
1. The reason(s) for the Application;
2. Line item revenue and expenses for the franchised services as reported in Contractor’s annual audited financial statement;
3. Calculated revenue requirement based upon the current Operating Ratio;
4. Requested rate adjustment required to achieve a revenue that will, in turn, result in a 84% targeted Operating Ratio, and
94 5. Signed letter(s) from Contractor’s management stating that they have reviewed the Application and attest to the accuracy and completeness of the Application.
Operating Ratio
Operating Ratio for this Agreement shall be 84%.
Non-Allowable Expenses
• Fines
• Penalties and Violations
• Employee free services in excess of normal weekly garbage service and limited roll-off service (1 debris box/employee/year)
• Related Party charges in excess of that which would otherwise reasonably be charged by an unrelated party
• Costs that are not reasonable or necessarily incurred in the performance of the services provided in accordance with the Franchise Agreement • Limitations on Allowable Expenses
• Reasonable Franchise related Marketing Expense, Promotional Expense, and Travel Expense are Allowable Expense
95 ATTACHMENT C
REFUSE RATE INDEX
The Refuse Rate Index (RRI) adjustment shall be calculated in the following manner:
1. The expenses for the required franchised services for the designated fiscal period (January - December) shall be prepared in the format set forth in the “Operating Cost Statement” below.
2. The expenses for the required franchised services shall be broken down into the following three (3) cost categories: Diesel Fuel; All Other, and Disposal. Each cost category is assigned a weighted percentage factor based on that cost category’s proportionate share of the total of the costs shown for all cost categories.
3. The following two (2) indices published by the Bureau of Labor Statistics (BLS), and the actual change in the Designated Disposal Site (Transfer Station) tipping fee, and actual Depreciation expense are used to calculate the adjustment for each cost category. The change in each index shall be based on the change in 12 month average for such index for the most recently completed calendar year as compared to the 12 month average for such index for the previous calendar year. The change in the Landfill tip fee shall be based on the change in Landfill tip fee for the most recently completed calendar year as compared to the Landfill tip fee for the previous calendar year.
4. In the event any index is discontinued, a successor index shall be selected by City.
Successor indices shall be those indices that are most closely equivalent to the discontinued indices as recommended by the BLS.
Cost Category Index
Diesel Fuel California No 2 Diesel Ultra Low Sulfur (0-15 pm) http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp
All Other Series ID: CUURS49BSA0 All items in San FranciscoOakland-Hayward, CA All Urban Consumers, not seasonally adjusted
Disposal Set to the actual tip fee charged to Contractor by the Designated Disposal Site for the current year as compared to the prior year.
The percentage weight for each cost category is multiplied by the change in each appropriate index to calculate a weighted percentage for each cost category. The weighted percentage changes for each of the three (3) cost categories are then added together to calculate the RRI. 96 Operating Cost Statement – Description
Diesel Fuel: List all diesel fuel accounts.
All Other: List all other expense accounts related to the services provided under this Agreement. This category includes all insurance including labor, depreciation, general liability, fire, truck damage, and extended coverage; rent on property, truck licenses and permits; real and personal property taxes; telephone and other utilities; employee uniforms; safety equipment; general yard repairs and maintenance; nondiesel fuel; office supplies; postage; trade association dues and subscription; advertising; and miscellaneous other expenses.
Disposal: List all Disposal Costs related to the provision of collection services. 97 ATTACHMENT D
SPECIAL RATE REVIEW METHODOLOGY
General
In the event that either City or Contractor requests a Special Rate Review, as provided for in Section 12.7., the Special Rate Review shall be based on evidence or data presented by City or Contractor that a singular and/or unexpected occurrence has occurred within the past 12 months that has effected and will continue to have a significant1 financial effect on Contractor’s revenues and/or expenses and that Contractor’s costs for the required franchise services have undergone and will continue to undergo a significant increase or decrease due to this occurrence.
Overview of Special Rate Application Process City and/or Contractor shall:
1. 1.Identify the occurrence which has significantly affected Contractor’s revenues and/or expenses.
2. Review supporting evidence or data supporting the request for a rate modification.
3. Calculate a revenue requirement needed to achieve a 84% (eighty seven and one half percent) targeted Operating Ratio.
4. Calculate the rate adjustment required to achieve calculated revenue requirement that will, in turn, result in a eighty seven and one half percent (84%) targeted Operating Ratio.
5. Confer with the other Party to determine whether the requested rate modification is in conformance with the provisions of Section 12.7; and
6. Jointly approve (which approval shall not be unreasonably withheld) and sign the Application and submit the Application to the City Council.
Special Rate Review Application
In support of a Special Rate Review, City and/or Contractor shall prepare a Special Rate Review Application (hereinafter “Application”) that shall be submitted to the other Party. The Application shall include:
1. The occurrence that has been identified as the cause for the Special Rate Review.
2. The financial impact of the identified occurrence.
3. The evidence or data supporting the request for a rate modification.
4. Calculated revenue requirement based upon the current targeted Operating Ratio;
5. Requested rate adjustment required to achieve calculated revenue requirement; and 98 6. Signed letters from City’s Administrator and Contractor’s management stating that they have reviewed the Application and that they attest to the accuracy and completeness of the Application.
99 ATTACHMENT E
CITY STREET CANS
# Location Description Container Type
1 1004 SMSB Cannon's Liquor Drum
2 201 NMSB Black Bear Gallery Concrete
3 200 NMSB Bistro 107 - NE Corner of NMSB/Lake Concrete 4 101 W. Lake CVS - SW Corner of NMSB/W Lake Concrete
5 230 NMSB Summit Lofts - SE Corner of NMBS/W Lake Concrete 6 300 NMSB Fifth Season - NE Corner of NMSB/Lake Concrete 7 315 NMSB Adamans Drum
8 316 NMSB Sparky's Drum
9 321 NMSB Shasta Rainbow Angels Concrete
10 335 NMSB SW Corner of NMSB/W. Castle Drum
11 400 NMSB E. Castle Island at the Blvd Concrete
12 401 NMSB Yaks - NW Corner of NMSB/W. Castle Concrete 13 402 NMSB Crystal Keepers - NE Corner of NMSB/E Castle Concrete 14 409 NMSB Parker Plaza Concrete
15 415 NMSB Burger Express - SW Corner of Blvd/W Alma Concrete 16 432 NMSB Papa Murphy's - SE Corner of Blvd/W Alma Concrete 17 100 W. Alma Alma St Parking Lot - Next to light pole Drum 18 400 Chestnut E. Castle Island At Chestnut Drum
19 421 Chestnut Liquor Store Drum
20 100 Block Alpine US Post Office Concrete
21 300 Pine Street Chamber of Commerce Drum
22 100 W Lake St Next to PD on W. Lake St Drum
23 110 W. Lake St Paws and Shop NE Corner of w Lake/Maple Drum 24 410 W. Lake St Burger King Drum
25 112 E. Alma St MS Supermarket Drum
100
ATTACHMENT F
RECYCLABLE MATERIALS
Paper
Cardboard
Boxboard or chipboard (e.g., shoe boxes, tissue boxes, cereal boxes) Newspaper
Magazines, catalogs, and glossy paper
Paper bags
Paper packaging or containers (including cartons)
Egg cartons
Junk mail
Phone books and soft cover books
Envelopes (labels or windows okay)
Office paper (all colors)
Plastic
All containers accepted (#1-7)
Bottles and jugs (all colors, clean & dry, with lids/caps replaced) Tubs and containers (e.g., yogurt, margarine)
Buckets and crates
Clamshell trays and deli containers (not Styrofoam)
Plant pots (no ceramic)
Laundry baskets
Glass
Bottles and jars (labels okay)
All colors, lids replaced
Metal
Aluminum cans
Tin and steel cans
Clean aluminum pans and foil
Empty aerosol cans
Small scrap
Pots, pans, and utensils
Loose lids from jars
This list may be amended from time to time by agreement of the parties. In no event shall “Recyclables” include Hazardous Waste. Contractor may temporarily dispose of Recyclable Materials in the event there is not commercially viable markets.
101
ATTACHMENT G
SPECIAL ASSESSMENT
NOTE – DATES LISTED IN THIS EXHIBIT MAY BE SUBJECT TO REVISION (BASED ON
AGREEMENT OF THE PARTIES) BASED ON THE TIMING OF SPECIAL ASSESSMENT
PAYMENTS TO THE CITY
Pre-Special Assessment Process Activities
1. Prior to January 20. Contractor’s billing department will obtain the most current parcel data information for the City.
2. Using the current parcel data, Contractor’s billing department will reconcile parcel data with Contractor’s customer service database to update and match parcel owner and address information. Once this reconciliation process is complete, Contractor will start the Special Assessment Process.
3. By February 15th City to review the list, reconcile it against their records, and provide feedback to Contractor.
Special Assessment Letter to Owners
1. Prior to March 1. Contractor’s billing department will identify all customers that are delinquent for over 120 days and subject to the Special Assessment.
2. On or before March 1, Contractor will send out the first “Delinquency Subject to Special Assessment” letter to all owners and tenants. Contractor letter to property owners will advise owners of their obligation to pay for Solid Waste services and related charges and fees for properties they own. Owners are ultimately responsible for payment, even if the tenant has agreed to pay for the services in their rental agreement.
3. On or before April 1. Contractor will send out the second “Delinquency Subject to Special Assessment” letter to all owners and tenants.
4. On or before May 15, Contractor will send out its third and Final “Delinquency Subject to Special Assessment” letter to all owners and tenants.
5. On or before June 10, the City sends out a Final Request for Payment to owners of all remaining delinquent accounts, advising the owner that payment is due by June 30, or a special assessment will be placed on the property.
6. Contractor will apply all payments received on or before June 30 to the respective delinquent accounts. Remaining delinquent accounts are placed on the final Special Assessment List, 102
which Contractor gives to the City.
7. The City Council reviews each account on the final list and either approves or denies placement of the Special Assessment on the property. City may only remove a parcel from the list due to inaccuracy or if Contractor does not include the parcel on each mailing list as described in this section.
8. After the City Council completes their review and renders their decisions on placement of the Special Assessments on the properties listed (by July 15), the Special Assessment List will be updated and provided to Contractor. (August).
9. On all accounts that the City approves the Special Assessment, Contractor will apply credit to the specific accounts and create One (1) general Special Assessment Account. On all accounts the City denies the Special Assessment, Contractor will review and determine if the account will be pursued for Special Assessment the following year or will take other necessary actions to resolve the status of the account. (July)
10. Payment from the City to Summit Disposal should be no later than 13 months after the City submits the list in August to the County. (August)
11. Monies received by Contractor from the City are applied to the General Special Assessment account.
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City Council Agenda Item #11
Staff Report
Meeting Date: July 14th, 2025
To: Mayor and City Council
From: Robert Gibson, Chief of Police
Subject: Amendment of City Municipal Ordinance Section 10.44 PARKING PROHIBITED or RESTRICTED to add section 10.44.081 Parking District Pass.
Recommendation:
Staff respectfully requests that the City Council approve the adoption of the recommended amendment to Section 10.44 PARKING PROHIBITED or RESTRICTED adding section 10.44.081 Parking District Pass.
Background & Summary:
At the June 9th City Council meeting, the Parking District Pass was presented to Council.
Changes to the ordinance were requested by staff and Council at that time. Those changes were to move the issue date to align with the new fiscal year on July 1st, and to eliminate the prorated language. Both of those changes are represented in the current ordinance proposal.
While there was some discussion regarding placing a fee directly into the section, staff determined that the best practice would be to include the fee in the new fee schedule so that it can be lawfully defended. The Parking District Pass fee would be established by a resolution of the City Council at a later date. With the issuance of a Parking District Pass, a business owner or employee whose business or employment falls within the boundary of MSMC section 10.44.080 (a) through (h) would be able to purchase a Parking District Pass, which would exempt them from the 2-hour parking time limit. Parking District passes would not be issued to anyone who does not own or work within the above listed area.
X Regular
Consent
Closed
Presentation
104
Attachments:
Ordinance adding section 10.44.081 Parking District Pass to section 10.44 PARKING PROHIBITED or RESTRICTED of the Mount Shasta Municipal Code.
105
Ordinance CCO-25-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MT. SHASTA ADDING SECTION 10.44.081 PARKING DISTRICT PASS TO SECTION 10.44 PARKING PROHIBITED OR RESTRICTED OF THE MT. SHASTA
MUNICIPAL CODE
WHEREAS, pursuant to Chapter XI, Section 7, of the California Constitution, the City of Mt Shasta (“City”) may make and enforce within its limits all local, police, sanitary, and other ordinance, and regulations not in conflict with general laws; and
WHEREAS, the City Council of the City of Mount Shasta may make amendments to the Mount Shasta Municipal Code section 10.44 PARKING PROHIBITED or PROHIBITED as set forth in Mount Shasta Municipal Code section 10.44.130; and
WHEREAS, the City Council of the City of Mount Shasta finds that there is a need for employees and business owners to park near their place of employment or business ; and WHEREAS, the City Council of the City of Mount Shasta finds that there are two (2) hour parking restriction in the downtown business district as outlined in Mount Shasta Municipal Code section 10.44.080 subsections (A) thru (H) ; and
WHEREAS, the City Council of the City of Mount Shasta finds that the issuance of parking district pass’s would help ensure that business owner(s) and employee(s) would be able to park within the parking district and exceed the 2 hour time limit, and
WHEREAS, the City Council of the City of Mt. Shasta has determined that following changes to the Mount Shasta Municipal Code Section 10.44 PARKING PROHIBITED or PROHIBITED; Add section 10.44.081 Parking District Pass
(A). Business owner(s) or employe(s) who own or work within the parking district as describe in MSMC section 10.44.080 sections (A) through (H) whose business front is impacted by the 2-hour parking restrictions may purchase an annual parking district pass. (B) The annual parking district pass fee will be set by resolution of the City Council of the City of Mount Shasta. The annual parking district pass will be available for renewal/purchase after July 1st and are valid throughout the fiscal year which runs from July 1st through June 30th annually. Parking district passes will be available for purchase at City Hall.
(C) Parking district pass exemptions and restrictions:
1 Vehicles displaying a valid DMV handicap placard or license plate do not require a parking district pass.
2 Parking district pass hours are valid between 9am -6pm Monday through Saturday, except holidays, and only in those areas described in section (A) of this section. 106
3 Parking district pass holders are not permitted to park along any red curbing, fire lane, or any place other than designated parking spaces
4 Loading zones are for loading and unloading only and the time should not exceed posted limits. 5 Parking district passes are not valid during snow removal operations, special events or other times when parking is prohibited.
(E) Parking district pass must be clearly displayed and visible from outside the vehicle through the front windshield, either by hanging from the rear-view mirror or placed on the driver side dashboard. Failure to do so could result in the issuance of a citation under 10.44.080 of this code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mt. Shasta hereby ordains:
That the above changes be made to the Mount Shasta Municipal Code:
The foregoing Resolution was approved this the ___ day of July 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED:
ATTEST: CITY OF MT. SHASTA
______________________________ ______________________________ Rachel Agron, Deputy City Clerk John Redmond, Mayor
CERTIFICATION
I do hereby certify that the foregoing is a full, true, and correct copy of an ordinance duly and regularly adopted at a meeting of the City Council of the City of Mt. Shasta held on February 28, 2022. ______________________________
Rachel Agron, Deputy City Clerk
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City Council Agenda Item #12
Meeting Date: July 14, 2025
To: Mayor and City Council
From: Ken Kellogg, Public Works Director
Malisa Dodd, Finance Director
Subject: SB 1 Funding Requirements
Recommendation:
Staff respectfully requests the City Council approve the proposed Resolution adopting a list of projects to be funded by Senate Bill 1 (SB 1) for FY 2025/26.
Background & Summary:
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide. SB 1 increases several taxes and fees to raise over $5 billion annually in new transportation revenues.
Moreover, SB 1 makes adjustments for inflation every year so that the purchasing power of the revenues does not diminish as it has historically.
Beginning in November 2017, portions of SB 1 revenues are being deposited into the Road Maintenance and Rehabilitation Account (RMRA) and subsequently made available to eligible cities and counties, which must comply with RMRA funding requirements as determined by the California Transportation Commission (CTC).
SB 1 prioritizes this funding towards critical maintenance, rehabilitation, and safety improvements on state highways, local streets and roads, and bridges and to improve the state’s trade corridors, transit, and active transportation facilities. As codified in the Streets and Highways Code (SHC), RMRA local streets and roads allocations must be used for projects that include, but are not limited to, the following:
• Road maintenance and rehabilitation
• Safety projects
• Railroad grade separations
• Traffic control devices
X Regular Session
Special Session
Emergency Session
Closed Session
108
• Complete street components, “including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and storm-water capture projects in conjunction with any other allowable project.”
As part of SB 1’s various accountability and transparency measures, the City will annually submit a proposed project list to the CTC and subsequently provide year end updates on the progress of previously proposed projects.
In order to meet SB 1’s eligibility and reporting requirements, the RMRA funding must be specifically differentiated from the Highway Users Tax Account (HUTA) funding. Each project utilizing RMRA funds is required to include the following information: project description, specific location, proposed schedule for its completion, and the estimated useful life.
Therefore, staff has prepared the necessary Resolution to meet program requirements. It is recommended that the City Council adopt the attached Resolution adopting a project list for SB1 funding.
Attachments:
1. Resolution CCR-25-XX
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RESOLUTION CCR-25-XX
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025/26 TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $85,000 in RMRA funding in Fiscal Year 2025/26 from SB 1; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate our streets, add active transportation infrastructure throughout the City this year and many of similar projects into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk/poor” condition and this revenue will help us increase the 110
overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Mt.
Shasta, State of California, as follows:
The foregoing recitals are true and correct.
The following previously proposed and adopted projects may also utilize Fiscal Year 2025/26 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Project Title: Chip Seal Street Maintenance and Repairs Expanded Area Project Description: Street resurfacing including dig outs, repair, pavement overlay, crack seal and chip seal.
Project Location: Various secondary and residential streets. Project locations are within the city limits of the City of Mt. Shasta and include Berry, High, Forest, Water, Sisson, Brush and Mill Streets.
Estimated Project Schedule: Start (05/26)– Completion (10/26) based on the component being funded with RMRA funds
Estimated Project Useful Life: 5-10 years
Project Title: South Mt. Shasta Blvd. Overlay
Project Description: Street resurfacing including dig outs, repairs, patching and an asphalt overlay
Project Location: South Mt. Shasta Blvd. from McCloud Avenue, south to Ream Avenue.
Estimated Project Schedule: Start (05/26)– Completion (11/26) based on the component being funded and partially funded with RMRA funds
Estimated Project Useful Life: 20 years
PASSED AND ADOPTED by the City Council of the City of Mt. Shasta, State of California this 14th day of July 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
111
ABSENT:
DATED: July 14, 2025
CITY OF MT. SHASTA
__________________________
John Redmond, Mayor
ATTEST:
__________________________
Rachel Agron, Deputy City Clerk
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