CITY COUNCIL
MEETING AGENDA
City Council Chambers
4488 Red Bluff St
Shasta Lake, CA 96019
Tuesday, April 5, 2022 at 6:00 PM
OTHER WAYS TO PARTICIPATE IN THE MEETING
• Watch a livestream of the meeting online or view the recording any time after the meeting concludes at the following: cityofshastalake.org/meetings
• Submit public comment by mail or email addressed to City Clerk, City of Shasta Lake, PO Box 777, Shasta Lake, CA 96019 or [email protected]. Mailed and emailed comments must be received one day prior to the meeting to be included.
1.0 6:00 PM CALL TO ORDER – REGULAR MEETING
Call to order (please place electronic devices on silent) Statement for the record of Council members present
Pledge of Allegiance by Mistletoe School, Mr. Wagoner’s 7th and 8th grade class, followed by student questions and Council response.
Invocation
2.0 AWARDS/RECOGNITIONS
Proclamation for Child Abuse Awareness Month, April 2022.
3.0 COMMUNICATIONS
The Brown Act prohibits the Council from taking action on any item not placed on the Agenda in most cases.
The Brown Act requires any non-confidential documents or writings distributed to a majority of the City Council less than 72 hours before a regular meeting to be made available to members of the public at the same time they are distributed.
Should supplemental materials to be evaluated in the decision making process be made available to the members of the legislative body at the meeting, seven (7) copies must be provided to the City Clerk who will distribute them.
Councilmembers are encouraged to contact the City Manager prior to the meeting with questions or concerns regarding any item on the Agenda so that their questions and concerns can be adequately addressed at the meeting.
Agenda packets are available for public review at City Hall, 4477 Main Street, Shasta Lake, CA during normal business hours of 7:00 a.m. to 4:00 p.m. weekdays, excluding holidays.
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (530) 275-7407. Notification 48 hours prior to the meeting is requested to enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).
3.1 Public Comment Period:
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 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.
Speaker forms are available from the City Clerk, 4477 Main Street, Shasta Lake, on the City’s website, or at the back of the meeting hall. If you have documents to present to members of Council, please provide a minimum of seven copies.
3.2 Presentations:
3.3 Commission/Committee Reports/Outside Agency Reports:
4.0 CONSENT AGENDA
NOTICE: The items listed under the Consent Agenda are considered routine business and will be voted on together by one motion unless a Council Member requests a specific item to be removed and discussed separately.
4.1 Acceptance of the regular meeting minutes of February 15, 2022. Page 2
4.2 Resolution approving a supplemental appropriation of $1,530,614. for the State of California CDBG-DR-MHP Grant No. 21-DRMHP-21002.
4.3 Resolution to declare Builder Solutions, Inc. the lowest responsive, responsible bidder, award a construction contract in the amount of $98,800.00 to Builder Solutions, Inc. for the construction of Akard Dog Park Conversion Project, and approve a total expenditure for construction not to exceed $110,000.00.
4.4 Resolution to declare Tullis, Inc the lowest, responsive, responsible bidder, award a construction contract in the amount of $1,415,130.00 to Tullis, Inc. for the construction of the Street Improvements 2022 Project, and approve total expenditure for construction not to exceed $1,740,000.
4.5 Acceptance of the Parks and Recreation Advisory Commission regular meeting minutes of March 10, 2022.
4.6 Acceptance of the Parks and Recreation Advisory Commission special meeting minutes of March 24, 2022.
5.0 PUBLIC HEARINGS
6.0 REGULAR AGENDA
6.1 1. Discussion and possible action to conduct the first reading of an Ordinance prohibiting water theft and tampering with city facilities; fines and penalties and administration.
2. Discussion and possible action on a Resolution establishing penalties for water theft and water tampering.
6.2 Discussion and possible action on a Resolution to approve an agreement between County of Shasta and the City of Shasta Lake for law enforcement services and functions.
6.3 Informational item – Clean Energy Infrastructure Authority Act.
6.4 Discussion and possible direction regarding ACID Water Purchase.
7.0 COMMUNICATIONS
7.1 Staff Comments/Reports
Staff Update on Water Supply and Water Shortage Contingency Plan.
7.2 City Council Comments/Reports
This is the time set aside for Council Members, who may so desire, to give brief comments or reports concerning City matters. The City Council may not enter into discussion on matters reported. Statements made by individual Council Members should not be interpreted as a statement of the City Council. The City Council only takes action by majority vote. • Brief reports by members of the Council regarding correspondence, events and/or meetings attended, and upcoming meetings/events.
• Suggestions/motions for future agenda items.
• In compliance with Assembly Bill 1234, Council will report on attendance at conferences/meetings/events where expenses are reimbursed by the City.
8.0 ADJOURNMENT
Meetings are broadcast on the Wednesday following the meeting at 6 pm and the following Friday at 2 pm on Charter Channel 181.
Videos of Meetings are also available on-line through the City website www.cityofshastalake.org
A PROCLAMATION OF THE MAYOR
OF THE CITY OF SHASTA LAKE, CALIFORNIA,
PROCLAIMING APRIL 2022 AS
CHILD ABUSE PREVENTION AWARENESS MONTH
WHEREAS, as a society, we have a responsibility to nurture and protect our children and help ensure they become healthy and productive adults; and WHEREAS, the Centers for Disease Control and Prevention ranks child abuse among America’s top public health crisis. In Shasta County substantiated cases of child abuse are three times the state average; and
WHEREAS, Adverse Childhood Experiences (ACEs) have a significant impact on a child’s future that include physical, emotional, and sexual abuse, neglect, and parental illness or stress; and
WHEREAS, scientific studies confirm a direct link between child abuse and a significantly greater risk later in life for substance abuse, criminal behavior, suicide, eating disorders, smoking, and premature death from chronic disease, cancer and other serious illnesses; and
WHEREAS, everyone in the community should become more aware of the prevention of child abuse and neglect and engage in providing pathways to hope and healing for parents and caregivers so they can raise their children in a safe, nurturing environment; and WHEREAS, Pathways to Hope for Children (Shasta County’s Child Abuse Prevention Coordinating Council) strengthens families in our community by focusing on hope and building protective factors to ensure children are valued and supported by providing parents are caregivers opportunities to receive social connections, knowledge and concrete support in times of needs, ensure all children will grow to their full potential.
NOW, THEREFORE, as Mayor of the City of Shasta Lake, I do hereby proclaim April 2022, as Child Abuse Prevention Awareness Month in the City of Shasta Lake and urge all citizens to join the important efforts of all partners serving children and families to work together to prevent child abuse and neglect and build healthy, safe, and nurturing families and communities.
Dated this 5th day of April, 2022.
__________________________
RICK KERN, Mayor
1 MEETING OF THE CITY OF SHASTA LAKE CITY COUNCIL
MINUTES OF THE REGULAR MEETING
HELD TUESDAY MARCH 15, 2022 AT THE
CITY COUNCIL CHAMBERS, 4488 RED BLUFF ST, SHASTA LAKE, CALIFORNIA
1.0 6:00 PM CALL TO ORDER - Regular Session
Mayor Kern convened the regular meeting at 6:00 PM
Council Members present: Doyle, Morgan, Powell, Watkins, Kern Council Members absent: None
2.0 AWARDS AND RECOGNITIONS
Proclamation for Week of the Young Child.
Proclamation for Fair Housing Month followed by a short Presentation by Access Home.
3.0 COMMUNICATIONS
3.1 Public Comment:
Jim Mark spoke regarding body-cams for Sheriff Deputies.
Charles Fleming introduced himself to the City Council.
3.2 Presentations:
3.3 Commission/Committee reports:
Outside Agency Funding Reports from:
CVHS Sober Grad
Central Valley Youth Falcons
Shasta Dam Area Little League
4.0 CONSENT AGENDA
4.1 Acceptance of the regular meeting minutes of March 1, 2022.
4.2 Information item for Checks, E-payments and Wires:
01/18/2022$1,260,811.91
01/28/2022 $248,054.91
02/10/2022 $332,288.51
02/17/2022 $1,588,707.98
02/24/2022$828,882.72
03/03/2022 $694,741.39
Payrolls:
02/25/2022 $180,249.90
03/11/2002 $172,969.17
Motion/Vote:
By motion made/seconded (Morgan/Watkins), and carried, the consent items were approved. 2 5.0 PUBLIC HEARINGS None
6.0 REGULAR AGENDA
6.1 Discussion and possible action on a Resolution authorizing a loan reservation of Community Development Block Grant Disaster Recovery (CDBG-DR) Multifamily Housing Program Funds in the amount of $1,331,634 for the Shasta Lake Apartments Project, part of the larger Downtown Revitalization Project located at the 4600 block of Shasta Dam Blvd.
Motion/Vote:
By motion made/seconded (Morgan/Powell), and carried, Resolution CC-2022-33 was approved as amended.
6.2 Discussion and possible action on a Resolution approving the Power Management and Administrative Services Agreement and Facilities Agreement with the Northern California Power Agency and authorizing the City Manager to execute the agreements on the City’s behalf Motion/Vote:
By motion made/seconded (Watkins/Morgan), and carried, Resolution CC-2022-34 was approved.
6.3 Discussion and possible action on a Resolution verifying review of the 2021 Annual General Plan and Housing Element Progress reports and directing submission to the California Department of Housing and Community Development (HCD) and the California Department of Planning and Research (OPR).
Motion/Vote:
By motion made/seconded (Morgan, Doyle), and carried, Resolution CC-2022-35 was approved.
6.4 Discussion and possible action on a Resolution authorizing the City Manager to accept real property (Govt. Code 27281).
Motion/Vote:
By motion made/seconded (Watkins/Morgan), and carried, Resolution CC-2022-36 was approved.
6.5 Discussion and possible action on a Resolution approving supplemental appropriation of $2,350,000.00 and authorizing the City Manager to complete the necessary documents to purchase real property located at 064-440-029 (3570 Iron Court), 064-440-08, and 064-440-009.
Motion/Vote:
By motion made/seconded (Morgan/Watkins), and carried, Resolution CC-2022-37 was approved.
7.0 COMMUNICATIONS
7.1 Staff Comments.
Staff report on Water Supply & Water Shortage Contingency Plan Stage.
7.2 Councilmembers reported on recent events and meetings they attended.
8.0 ADJOURNMENT
With no further business, Mayor Kern adjourned the meeting at 8:00 pm. _____________________________
TONI M. COATES, CMC, City Clerk
3 Report and Recommendations 4.2
Reviewed and Approved
City Manager
AGENDA ITEM
City Council Meeting
TO: City Council
FROM: Jessaca Lugo, City Manager
DATE: April 5, 2022
SUBJECT: Resolution approving a supplemental appropriation for the State of California CDBG-DR-MHP Grant
FILE NO.: G-100-050-580
RECOMMENDATION:
Staff recommends the City Council approve a supplemental budget appropriation in the amount of $1,530,614.00 for the State of California CDBG-DR-MHP Grant.
BACKGROUND:
The City was awarded a total of $1,530,614 in CDBG-DR-MHP grant funds by the State of California Department of Housing and Community Development (HCD) in response to the 2018 fires. The Standard Agreement with HCD details that $1,331,634 of these funds will be expended as Activity Funds and $198,980 will be expended as Activity Delivery Funds.
On March 15, 2022, City Council approved a loan reservation for ADK Properties LLC in the amount of $1,330,000. The project would leverage CDBG-DR-MHP funds with an AHSC/ADH Loan, Low-Income Housing Tax Credit Equity, and a Construction Loan, for a total estimated project budget of $38,069,200.
Since the grant award was received after the FY2021-2022 Budget. Staff is requesting a supplemental appropriation to insert the CDBG-DR-MHP funds into the FY2021-2022 Budget.
FISCAL IMPACTS:
Supplemental Appropriation – CDBG-DR-MHP Grant $1,530,614— This program is 100% Grant Funded
ATTACHMENTS:
Resolution CC-2022-XX
DISTRIBUTION:
City Council & Finance Department
4 RESOLUTION CC-2022-XX
A RESOLUTION OF THE CITY OF SHASTA LAKE APPROVING A SUPPLEMENTAL APPROPRIATION OF $1,530,614 FOR THE STATE OF CALIFORNIA CDBG-DR-MHP GRANT NO. 21-DRMHP-21002
WHEREAS, the City Council has reviewed the State of California’s CDBG-DR Action Plan for 2018 disasters, which allocates funds to the City and hereby approves the execution of a Master Standard Agreement 21-DRMHP-21002 in the aggregate amount, not to exceed, $1,530,614.00; and
WHEREAS, on November 28, 2021 the City issued a Notice of Funding Availability for up to $1,331,634 in CDBG-DR-MHP funding; and
WHEREAS, the City received one application for $1,330,000 for permitting fees, developer fees, and land acquisition costs for the Shasta Lake Apartments Project, which would construct a 49- unit affordable housing project (“Project”); and
WHEREAS, the grant agreement no. 21-DRMHP-21002 was received after the FY2021/2022 budget; and
WHEREAS, this project is funded from the following capital project fund:
Expenditure Account: 223-620-6227 - $1,530,614.00
Revenue Account: 223-000-4382 - $1,530,614.00
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake hereby:
1. Approves a supplemental appropriation in the amount of $1,530,614.00
2. Authorize the City Manager to execute all necessary documents pertaining to property purchase transaction.
PASSED, APPROVED, AND ADOPTED this 5th day of April 2022 by the following vote.
AYES:
NOES:
ABSENT:
_______________________________________
RICK KERN, Mayor
ATTEST:
___________________________________
TONI M. COATES, CMC, City Clerk
5 Report and Recommendations 4.3
Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Will Bond, City Engineer / Public Works Director
DATE: March 25, 2022
SUBJECT: Construction Contract Award
Akard Dog Park Conversion Project – Bid No. 2022-08
FILE NO.: C-070-060-004
RECOMMENDATION:
Staff requests that the City Council consider awarding the Akard Dog Park Conversion project to Builder Solutions, Inc. of Redding, CA in the amount of $98,800 and approve a total of $110,000.00 to allow for a contract contingency.
BACKGROUND:
The Akard Dog Park Conversion project consists of new perimeter fencing, watering station, concrete walk path, benches, ADA parking stall and other amenities on the northern portion of the existing Akard Park.
The City advertised the project for bid on February 18, 2022 and eight (8) bids were received on March 24, 2022. All of the bids were deemed to be responsive. The bids ranged from a low bid of $98,800 (1% below the Engineer’s Estimate of $100,000.00) to a high bid of $168,980 (69% below the Engineer’s Estimate). A Bid Summary is attached.
FISCAL IMPACTS:
This project is currently budgeted from the General Fund.
ATTACHMENTS:
Resolution, Bid Summary and Project Location Map
DISTRIBUTION:
City Council
6 PROJECT LOCTION MAP:
7 RESOLUTION CC 22-xx
________________________________________________________________________________
A RESOLUTION OF THE CITY OF SHASTA LAKE CITY COUNCIL TO DECLARE BUILDER SOLUTIONS, INC. THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $98,800.00 TO BUILDER SOLUTIONS INC.
FOR THE CONSTRUCTION OF THE AKARD DOG PARK CONVERSION PROJECT, AND APPROVE TOTAL EXPENDITURE FOR CONSTRUCTION NOT TO EXCEED $110,000.00 ________________________________________________________________________________ WHEREAS, The City advertised for competitive bids to construct the above project starting on February 18, 2022; and
WHEREAS, The City opened eight (8) competitive bids on March 24, 2022; and WHEREAS, the lowest responsive, responsible bidder was Builder Solutions, Inc. of Redding, CA with a bid of $98,800.00; and
WHEREAS, in addition to the construction contract funds, contingency funds need to be allocated, creating a construction budget of $110,000.00.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Shasta Lake City Council hereby:
Declares Builder Solutions Inc. the lowest responsive, responsible bidder, awards a construction contract in the amount of $98,800.00 to Builder Solutions Inc. for the construction of the Akard Dog Park Conversion project, and approves total expenditure for construction not to exceed $110,000.00.
PASSED, APPROVED, AND ADOPTED this 5th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
RICK KERN, MAYOR
ATTEST:
TONI M. COATES, CMC
City Clerk
8 Engineer's Estimate
License No. 1027560 License No. 882240
DIR No. 1000366176 DIR No. 1000010134
Item
# Description Est. Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Erosion and Sediment Control 1 LS $1,400.00 $1,400.00 $1,500.00 $1,500.00 $3,851.17 $3,851.17 2 Demolition 1 LS $3,000.00 $3,000.00 $12,500.00 $12,500.00 $10,190.82 $10,190.82 3 4' Tall Chain Link Fench (including gates) 715 LF $40.00 $28,600.00 $40.00 $28,600.00 $44.64 $31,917.60 4 Concrete Sidewalk 3800 SF $10.00 $38,000.00 $9.00 $34,200.00 $10.55 $40,090.00 5 Concrete Bench 4 EA $1,500.00 $6,000.00 $2,125.00 $8,500.00 $1,853.87 $7,415.48 6 Concrete Waste Bin 2 EA $1,000.00 $2,000.00 $750.00 $1,500.00 $1,476.40 $2,952.80 7 Water Station 1 LS $10,000.00 $10,000.00 $6,500.00 $6,500.00 $14,685.03 $14,685.03 8 ADA Parking Stall 1 LS $11,000.00 $11,000.00 $5,500.00 $5,500.00 $8,601.74 $8,601.74 Total: $100,000.00 $98,800.00 $119,704.64
Subcontractor: Butler Engineering B&P Fencing
Apply-A-Line
License No. 520207 License No. 1052734 License No. 632117 DIR No. 1000003465 DIR No. 1000869069 DIR No. 1000063701 Item
# Description Est. Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Erosion and Sediment Control 1 LS $2,000.00 $2,000.00 $500.00 $500.00 $2,500.00 $2,500.00 2 Demolition 1 LS $10,000.00 $10,000.00 $6,232.51 $6,232.51 $15,600.00 $15,600.00 3 4' Tall Chain Link Fench (including gates) 715 LF $40.00 $28,600.00 $38.98 $27,870.70 $50.70 $36,250.50 4 Concrete Sidewalk 3800 SF $15.00 $57,000.00 $19.36 $73,568.00 $16.50 $62,700.00 5 Concrete Bench 4 EA $1,500.00 $6,000.00 $1,566.78 $6,267.12 $1,187.50 $4,750.00 6 Concrete Waste Bin 2 EA $1,500.00 $3,000.00 $1,443.18 $2,886.36 $1,200.00 $2,400.00 7 Water Station 1 LS $6,000.00 $6,000.00 $10,027.83 $10,027.83 $4,250.00 $4,250.00 8 ADA Parking Stall 1 LS $10,000.00 $10,000.00 $11,470.80 $11,470.80 $24,950.00 $24,950.00 Total: $122,600.00 $138,823.32 $153,400.50
Subcontractor: None Olson's Concrete Humboldt Fence Co
Apply A Line
License No. 785968 License No. 748129 License No. 1010996 DIR No. 1000012516 DIR No. 1000054582 DIR No. 1000055796 Item
# Description Est. Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Erosion and Sediment Control 1 LS $1,500.00 $1,500.00 $2,400.00 $2,400.00 $2,500.00 $2,500.00 2 Demolition 1 LS $8,000.00 $8,000.00 $7,200.00 $7,200.00 $6,580.00 $6,580.00 3 4' Tall Chain Link Fench (including gates) 715 LF $46.15 $32,997.25 $41.40 $29,601.00 $60.00 $42,900.00 4 Concrete Sidewalk 3800 SF $17.11 $64,999.00 $23.84 $90,592.00 $20.00 $76,000.00 5 Concrete Bench 4 EA $1,750.00 $7,000.00 $1,080.00 $4,320.00 $2,200.00 $8,800.00 6 Concrete Waste Bin 2 EA $2,250.00 $4,500.00 $600.00 $1,200.00 $1,200.00 $2,400.00 7 Water Station 1 LS $16,500.00 $16,500.00 $7,920.00 $7,920.00 $10,250.00 $10,250.00 8 ADA Parking Stall 1 LS $21,300.00 $21,300.00 $23,520.00 $23,520.00 $19,550.00 $19,550.00 Total: $156,796.25 $166,753.00 $168,980.00
Subcontractor: Steve Cox concrete Olson's Concrete Apply A Line Red Sky Asphalt Olson's Concrete
Giles Excavating Schreder & Brandt DLB Inc.
Akard Dog Park Conversion
Bid No. 2022-09
Bid Opening Date: March 24, 2022, 2:00 PM
Robert J. Frank Const. Inc. M5 Excavation Ark Design Const. & Roofing Builder Solutions Inc. Northstate Earth & Water Inc.
9 Akard Dog Park Conversion Project Park Lane Concrete ADA Parking Dog Entry Area Decorative Bench 4 each Dog Water Station 6' Wide Concrete Path Shade Trees Akrich Park Drive Turf to Remain Spring 2022 10 11
Report and Recommendations 4.4
Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Will Bond, City Engineer / Public Works Director
DATE: April 05, 2022
SUBJECT: Construction Contract Award
Street Improvements 2022
Bid No. 2022-04
FILE NO.: S-070-150-623
RECOMMENDATION:
Staff requests that the City Council award the Street Improvements 2022 project to Tullis, Inc. of Redding, CA in the amount of $1,415,130.00 and approve a total of $1,740,000.00 to allow for a contract contingency.
BACKGROUND:
The Street Improvements 2022 project is being constructed to improve the pavement condition of various qualifying street segments in the Pine Grove area of Shasta Lake.
The City advertised the project for bid on February 14, 2022, and five (5) bids were received on February 17, 2022. One (1) bid was deemed to be un-responsive. The bids ranged from a low bid of $1,415,130.00 (14% below the Engineers Estimate of $1,740,000.00) to a high bid of $1,839,782 (12% above the Engineer’s Estimate). A Bid Summary is attached.
FISCAL IMPACTS:
This project will be funded through SB1 RMRA funds and previously budgeted Pavement Striping and Street Paving Project funds.
ATTACHMENTS:
Project Location Map, Resolution, Bid Summary
12 RESOLUTION CC 22-xx
________________________________________________________________________________
A RESOLUTION OF THE CITY OF SHASTA LAKE CITY COUNCIL TO DECLARE TULLIS, INC.THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,415,130.00 TO TULLIS, INC. FOR THE CONSTRUCTION OF THE STREET IMPROVEMENTS 2022 PROJECT, AND APPROVE TOTAL EXPENDITURE FOR CONSTRUCTION NOT TO EXCEED $1,740,000
________________________________________________________________________________ WHEREAS, The City advertised for competitive bids to construct the above project starting on February 14, 2022; and
WHEREAS, The City opened four (4) competitive bids and one (1) un-responsive bid on March 17, 2022; and
WHEREAS, the lowest responsive, responsible bidder was Tullis, Inc. of Redding, CA with a bid of $1,415,130.00; and
WHEREAS, in addition to the construction contract funds, contingency funds need to be allocated, creating a construction budget of $1,740,000.00; and
NOW, THEREFORE, BE IT RESOLVED THAT the City of Shasta Lake City Council hereby:
1. Declares Tullis, Inc. of Redding, CA the low responsive, responsible bidder, awards a construction contract in the amount of $1,415,130.00 to Tullis, Inc. for the construction of the Street Improvements 2022 project, and approves a total expenditure for construction not to exceed $1,740,000.00.
PASSED, APPROVED, AND ADOPTED this 5th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
RICK KERN, MAYOR
ATTEST:
TONI M. COATES, CMC
City Clerk
13 Engineer's Estimate
License No. 295418 License No. 769989
DIR No. 1000002402 DIR No. 1000001536
Item
# Description Est. Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Traffic Control 1 LS $90,000.00 $90,000.00 $110,000.00 $110,000.00 $175,846.00 $175,846.00 2 Erosion and Sediment Control 1 LS $3,000.00 $3,000.00 $2,500.00 $2,500.00 $9,130.00 $9,130.00 3 Pavement Grinding and Patching (0.17' Depth) 19000 SY $25.00 $475,000.00 $17.25 $327,750.00 $16.00 $304,000.00 4 Transistion Taper Grinding (0.0' to 0.17') 650 LF $10.00 $6,500.00 $10.00 $6,500.00 $31.00 $20,150.00 5 Edge Taper Grinding (0.0' to 0.17' Depth) 7100 LF $5.00 $35,500.00 $7.50 $53,250.00 $2.00 $14,200.00 6 Pavement Reinforcing Fabric (Driving Lanes) 52000 SY $2.50 $130,000.00 $2.30 $119,600.00 $2.50 $130,000.00 7 Type 'A' Hot Mix Asphalt 7000 Ton $95.00 $665,000.00 $86.00 $602,000.00 $84.00 $588,000.00 8 Shoulder Backing (2' Width) 32500 LF $2.50 $81,250.00 $2.00 $65,000.00 $1.30 $42,250.00 9 Adjust (E) Manhole Frames and Lids to Grade 48 EA $1,000.00 $48,000.00 $800.00 $38,400.00 $800.00 $38,400.00 10 Replace and Adjust Rod Hole Boxes to Grade 11 EA $1,000.00 $11,000.00 $950.00 $10,450.00 $1,950.00 $21,450.00 11 Adjust Valves to Grade 28 EA $1,200.00 $33,600.00 $500.00 $14,000.00 $700.00 $19,600.00 12 Adjust Monument Assembly to Grade 6 EA $1,200.00 $7,200.00 $950.00 $5,700.00 $1,011.00 $6,066.00 13 Thermoplastic Pavement Stripe (Detail 22, 23) and
Type D Retroreflective Pavement Marker
8000 LF
$3.00 $24,000.00 $2.00 $16,000.00 $2.00 $16,000.00
14 Thermoplastic Pavement Stripe (Detail 27B, 27C,
39) 1100 LF $1.50 $1,650.00 $1.20 $1,320.00 $1.20 $1,320.00 15 Thermoplastic Pavement Marking (White) 850 SF $10.00 $8,500.00 $13.20 $11,220.00 $13.20 $11,220.00 16 Blue Retroreflective Marker 11 EA $40.00 $440.00 $40.00 $440.00 $40.00 $440.00 17 Storm Drain Improvements - Marilyn Ave 1 LS $15,000.00 $15,000.00 $19,000.00 $19,000.00 $15,200.00 $15,200.00 18 Storm Drain Improvements - Deer Creek Ave 1 LS $7,500.00 $7,500.00 $12,000.00 $12,000.00 $8,750.00 $8,750.00 Total: $1,643,140.00 $1,415,130.00 $1,422,022.00
Subcontractor: Apply-A-Line Apply-A-Line, LLC
Pavement Recycling Systems, Inc.Pacific Northwest Oil
Pacific Northwest Oil
Street Improvements 2022
Bid No. 2022-04
Bid Opening Date: March 17, 2022
Tullis, Inc. J.F. Shea
14 License No. 195560 License No. 822126 License No. 930684 DIR No. 1000007669 DIR No. 1000011773 DIR No. 1000008025 Item
# Description Est. Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Traffic Control 1 LS $71,000.00 $71,000.00 $158,000.00 $158,000.00 2 Erosion and Sediment Control 1 LS $2,500.00 $2,500.00 $5,000.00 $5,000.00 3 Pavement Grinding and Patching (0.17' Depth) 19000 SY $20.00 $380,000.00 $21.00 $399,000.00 4 Transistion Taper Grinding (0.0' to 0.17') 650 LF $4.00 $2,600.00 $5.80 $3,770.00 5 Edge Taper Grinding (0.0' to 0.17' Depth) 7100 LF $2.00 $14,200.00 $5.80 $41,180.00 6 Pavement Reinforcing Fabric (Driving Lanes) 52000 SY $2.60 $135,200.00 $2.48 $128,960.00 7 Type 'A' Hot Mix Asphalt 7000 Ton $114.00 $798,000.00 $121.85 $852,950.00 8 Shoulder Backing (2' Width) 32500 LF $1.60 $52,000.00 $1.89 $61,425.00 9 Adjust (E) Manhole Frames and Lids to Grade 48 EA $760.00 $36,480.00 $1,200.00 $57,600.00 10 Replace and Adjust Rod Hole Boxes to Grade 11 EA $1,300.00 $14,300.00 $1,388.00 $15,268.00 11 Adjust Valves to Grade 28 EA $550.00 $15,400.00 $972.00 $27,216.00 12 Adjust Monument Assembly to Grade 6 EA $550.00 $3,300.00 $983.00 $5,898.00 13 Thermoplastic Pavement Stripe (Detail 22, 23) and
Type D Retroreflective Pavement Marker
8000 LF
$2.00 $16,000.00 $2.00 $16,000.00
14 Thermoplastic Pavement Stripe (Detail 27B, 27C,
39) 1100 LF $2.00 $2,200.00 $1.20 $1,320.00
15 Thermoplastic Pavement Marking (White) 850 SF $14.00 $11,900.00 $13.20 $11,220.00 16 Blue Retroreflective Marker 11 EA $50.00 $550.00 $40.00 $440.00 17 Storm Drain Improvements - Marilyn Ave 1 LS $25,000.00 $25,000.00 $35,350.00 $35,350.00 18 Storm Drain Improvements - Deer Creek Ave 1 LS $18,000.00 $18,000.00 $19,185.00 $19,185.00 Total: $1,598,630.00 $1,839,782.00
Subcontractor: Apply A Line Pacific Northwest Oil
Pale Horse Asphalt Apply A Line, LLC
JV Lucas Paving, Inc.
Non-responsive
Northwest Paving, Inc. S.T. Rhoades Construction, Inc.
15 CASCADE BLVD
TWIN VIEW BLVD
AKRICH ST
PINE GROVE AVE
TRINITY ST
SIOUX DR
VIRGINIA AVE
IVY AVE
SMITH AVE
LEONA AVE
DEER CREEK AVE
RISSTAY WAY
LARKIN AVE
COTTAGE AVE
OSTLING AVE
FELL ST
AUTUMN HARVEST WAY
WEST ST
REDWING LN
LOCH PL
ALPINE ST
IMPRESSION WAY
RIDDLE RD
MARILYN AVE
AKRICH PARK AVE
(AKARD RD)
BU
T T ERFLY LN
OSTLING PL
SMITH AVE
CASCADE BLVD VIRGINIA AVE
SIOUX DR
ORKNEY PL
ORKNEY PL
POPPY LN
CITY LIMIT
MULBERRY ST
CRYSTAL ST
MENDOCINO
ST
CITY LIMIT
I
Map Produced: March 23, 2022
0 800
Feet
Street Improvements 2022
City of Shasta Lake
Street Paving
Street segments included in project
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P:\\GIS\Streets\StreetRehab2022_8x11.pdf
Scope of Work Exhibit
This is not a survey product.
16 Meeting Minutes
CITY OF SHASTA LAKE
PARKS & RECREATION ADVISORY COMMISSION
REGULAR MEETING
Council Chambers
4488 Red Bluff
Shasta Lake, California
Thursday, March 10, 2022 at 4:30 pm
1.0 CALL TO ORDER
Chair Smith called the meeting to order at 4:30 pm
Commissioners Present: Greenwood, Hewitt, Smith, and Zeller Commissioners absent: Thompson
2.0 PUBLIC COMMENT: None
3.0 REGULAR AGENDA:
3.1 ARPA Parks Projects Community Outreach Strategies.
Commissioners received a report and discussed various ways to do community outreach, including surveys, social media, and public workshops. Social media and website pages related to parks projects were reviewed.
3.2 Bizz Johnson Batting Cage Plan Review.
Options for Batting Cage locations were discussed. A follow-up field trip will take place to go over the options with the Shasta Dam Area Little League Board members.
4.0 REPORTS AND COMMENTS:
4.1 Commission Comments
Chair Smith requested a review and progress report on the Parks Master Plan to be placed on a future agenda.
4.2 Staff Comments
5.0 ADJOURNMENT
Chair Smith adjourned the meeting at 5:39 p.m.
Prepared by: ___________________________
TONI M. COATES, CMC
CITY CLERK/COMMISSION SECRETARY
17 Meeting Minutes
CITY OF SHASTA LAKE
PARKS & RECREATION ADVISORY COMMISSION
SPECIAL MEETING
Bizz Johnson Park
Shasta Dam Blvd and Sacramento Street
Shasta Lake, California
Thursday, March 24, 2022 at 3:30 pm
1.0 CALL TO ORDER
Chair Smith called the meeting to order at 3:40 pm
Commissioners Present: Hewitt, Thompson, Smith, Zeller
Commissioners absent: Greenwood
2.0 PUBLIC COMMENT: None
3.0 REGULAR AGENDA:
3.1 Discussion and possible recommendation regarding proposed locations for batting cage placement at Bizz Johnson Park.
The Commission walked the site and reviewed potential locations for the batting cages. After reviewing proposed sites, Commissioner Zeller motioned to recommend the location behind the south fence of Lassen Field along the existing access road. Commissioner Hewitt seconded the motion. The motion then passed by a 4-0 vote.
3.2 Discussion and possible recommendations regarding field facilities and future plans.
The Commission discussed potential future projects regarding field facilities, including the Parks Per Capita Program, and working with the City to identify funding opportunities for future projects.
4.0 REPORTS AND COMMENTS:
4.1 Commission Comments
4.2 Staff Comments
5.0 ADJOURNMENT
Chair Smith adjourned the meeting at 4:17 p.m.
Prepared by: ___________________________
TONI M. COATES, CMC
CITY CLERK/COMMISSION SECRETARY
18 Report and Recommendations 6.1
Reviewed and Approved
City Manager
AGENDA ITEM
City Council Meeting
TO: City Council
FROM: Jessaca Lugo, City Manager
DATE: April 5, 2022
SUBJECT: FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SHASTA LAKE PROHIBITING WATER THEFT AND
TAMPERING WITH CITY FACILITIES; PENALTIES AND
ADMINISTRATIVE FINES
FILE NO.: New
RECOMMENDATION:
Staff recommends the City Council receive public input regarding Ordinance prohibiting water theft and tampering with City facilities. Once public comments have been addressed, staff recommends approval of the attached Ordinance.
BACKGROUND:
SB 427 was passed by the State Legislature in 2021 authorizing the legislative body of a local agency to adopt an ordinance prohibiting water theft and making a violation of said ordinance punishable by an administrative fine or penalty. Water theft is defined as an action to divert, tamper, or reconnect water utility services. Allowable fines vary based on the form of water theft used, distinguishing between theft committed via meter tampering or by any other method.
Maximum fines range from $130 to $1,300 for thefts via meter tampering, or from $1,000 to $3,000 for all other methods. Local agencies are also directed to create a process for granting hardship waivers to reduce the amount of the fine if it would impose an undue financial burden on the responsible party.
Since adoption, Senate Bill 427 was enacted, adding Section 53069.45 to the Government Code.
This new law requires the City to adopt an ordinance for water theft that includes certain administrative procedures, a maximum fine amount, and a process for granting hardship waivers.
It also establishes a separate fine schedule for meter tampering over other types of water theft and tampering. The City existing municipal code does not specifically address water theft, and considering the ongoing drought in California it would be logical to establish an ordinance to address water theft and tampering.
The City Attorney has prepared the attached ordinance for City Council’s consideration. If passed, the second reading would occur April 19, 2022.
FISCAL IMPACTS:
19 Unknown Fiscal Impacts
ATTACHMENTS:
ORDINANCE 2022-XX
DISTRIBUTION:
City Council
City Attorney
Finance Department/Customer Service
20 ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE PROHIBITING WATER THEFT AND WATER TAMPERING;
PENALTIES AND ADMINISTRATIVE FINES
The City Council of the City of Shasta Lake does ordain as follows:
WHEREAS, Penal Code, § 498 prohibits the theft of utility services, including water; and WHEREAS, Penal Code, § 624 prohibits every person from willfully damaging, tampering with, or digging up water pipes or waterworks; and
WHEREAS, Penal Code, § 625 prohibits every person who, with intent to defraud or injure, opens or causes to be opened, or draws water from any disconnected utility connection after having been notified that the same has been closed or shut for specific cause, by order of competent authority; and
WHEREAS, any person who violates Penal Code, § 498, 624, or 625 is guilty of a misdemeanor; and
WHEREAS, Civil Code § 1882.1 authorizes the City of Shasta Lake to bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts any of the following acts:
(a) Diverts, or causes to be diverted, utility services by any means whatsoever; (b) Makes, or causes to be made, any connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility;
(c) Prevents any utility meter, or other device used in determining the charge for utility services, from accurately performing its measuring function by tampering or by any other means;
(d) Tampers with any property owned or used by the utility to provide utility services; (e) Uses or receives the direct benefit of all, or a portion, of the utility service with knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection existed at the time of the use, or that the use or receipt, was without the authorization or consent of the utility; and
WHEREAS, Government Code, § 53069.45 authorizes the City of Shasta Lake to adopt an ordinance that prohibits water theft and makes a violation of an ordinance enacted by the City regarding water theft subject to an administrative fine or penalty as set forth in § 53069.45; and WHEREAS, because water is a vital resource, the City has determined that it is appropriate to impose civil administrative fines for water theft to protect this vital resource. 21 BE IT ENACTED by the City Council of the City of Shasta Lake as follows:
SECTION 1. RECITALS. The City hereby finds and determines that the above recitals are true and accurate and are incorporated herein.
SECTION 2. THE CITY OF SHASTA LAKE MUNICIPAL CODE IS AMENDED BY ADDING CHAPTER 13.06 TO READ AS FOLLOWS:
CHAPTER 13.06 - WATER THEFT PROHIBITED
13.06.010 - Definitions. For purposes of this Ordinance, the following definitions apply:
A. "Water theft" means the use, diversion, receipt or taking of City water by any means from any public fire hydrant, blow-off valve, water main, water service lateral or other City facility or connection to a City facility, to which a City authorized metering device has not been installed or has been removed by the City;
B. "Water use" means the diversion, receipt, or taking of City water by any means without paying the full and lawful City fees or charges for such water, or by tampering with City property or facilities, such as by removing a lock or plug that has been placed on a customer's service or meter, or unauthorized use, or by tampering with a service connection or bypassing a meter, or by making an unauthorized connection to any City facilities and any public fire hydrant.
C. "Unauthorized use" means the use of water from a stationary service connection where lawful water service has been disconnected or from a public fire hydrant to supply water outside the City's service area, regardless of whether payment is provided to the City for the water drawn from the public fire hydrant, or any use of the hydrant meter in violation of the terms and conditions of the hydrant meter permit.
D. "Tampering" means without limitation, the following:
1. Opening valves at the curb or meters that have been turned off by City personnel;
2. Breaking, picking, or damaging cut-off locks;
3. Bypassing meters in any manner;
4. Taking unmetered water from hydrants by anyone other than authorized officials of a fire department, fire insurance company or City employee for any purpose other than firefighting, testing or flushing of water mains and fire hydrants;
5. Use of sprinkler system water for any purpose other than fire protection;
6. Removing, disabling, or adjusting meter registers;
7. Connecting to or intentionally damaging water lines, valves, or other appurtenances;
8. Moving meters or extending service without written permission of the City; 22 9. Any intentional act of defacement, destruction, or vandalism to City property;
10. Any intentional blockage or obstruction of City property.
13.06.020 - Prohibition of Water Theft and Water Tampering.
Water theft and water tampering are prohibited. Each act of water theft or tampering constitutes a misdemeanor under state law and may be prosecuted as set forth in Section
8.18.030.
13.06.030 - Administrative Remedies.
In addition to pursuing criminal penalties, the City may, upon discovering water theft or water tampering, also pursue the following remedies available at law or equity including requiring the customer or offender to immediately remove any equipment, connections or tools used to accomplish the water theft or tampering of City property.
13.06.040 - Citations and Fines.
The city may issue an administrative citation for any violation of this code as set forth in Chapter 1.17. By resolution the City Council shall establish penalties for water theft and water tampering.
13.06.050 - Other Remedies.
All remedies provided here shall be cumulative and not exclusive. If a customer or any other person commits water theft, tampering, or unauthorized use, the City may:
(a) Turn off the water service and install a lock;
(b) Estimate, if necessary, the water taken and charge the customer, offender, or water recipient for the water taken from the City facility, plus any other amount reflective of the City's costs for such estimate and related activities; (c) Charge the customer or offender, or water recipient for the damage to the City lock, meter, or other property;
(d) Remove the meter and plug service;
(e) Terminate and remove the service from its connection to the water main; (f) Charge a deposit reflective of the City's cost to reestablish service; (g) Require the return of any City hydrant meter;
(h) Prohibit any person who has committed three violations of this Ordinance within a twelve-month period from obtaining a City hydrant meter permit for a period of three (3) years from the date of the third violation.
13.06.060 - Other Costs.
23 The customer or offender shall be charged all costs incurred by the City associated with reporting the violation including, without limitation, labor, materials, and equipment used to report the incident and all costs incurred by the City to replace or repair any City facilities or other items that were tampered with, damaged, or removed for the purpose of receiving water without paying the full lawful charge. These costs are subject to an overhead and administrative charge of fifteen percent (15%). No further service shall be allowed at the address until all fees and charges are paid in full.
13.06.070 - Attorneys' Fees and Costs.
A. In any action, administrative proceeding or special proceeding commenced by the city to enjoin the violation of any provision of this Ordinance, including its adopted codes, or to collect a civil debt owing to the city, if the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorneys' fees and costs of suit. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.
B. The city shall be considered a prevailing party entitled to attorneys' fees under subsection A when it can demonstrate that:
13.06.080 - Notice.
A "Notice of Violation" shall be mailed by certified U.S. mail, postage prepaid and return receipt requested or personally delivered to the customer, offender, or water recipient when evidence suggests the possibility of theft or tampering at the customer's property and may include an order to cease and desist the violation.
In the opinion of the City Manager, there is an immediate threat to public health or safety.
The foregoing Ordinance was adopted at the regular meeting of the City Council of the City of Shasta Lake held on April 5, 2022 by the following vote:
AYES: _______
NOES: _______
ABSENT: _______
ABSTAIN: _______
CITY OF SHASTA LAKE
_________________________________
RICK KERN, Mayor
ATTEST: FORM APPROVED:
_____________________________ _________________________________ 24 Toni M. Coates, CMC, City Clerk John Sullivan Kenny
City Attorney
25 RESOLUTION NO. CC-2022-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE
ESTABLISHING PENALTIES FOR WATER THEFT AND WATER TAMPERING WHEREAS, Ordinance Code Section 13.06.022 provides that the City Council by Resolution shall establish penalties for water theft and water tampering; NOW, THEREFORE BE IT RESOLVED, that the following penalties are hereby established:
A. For theft by water tampering:
1. A fine of one hundred thirty dollars ($130) for the first violation.
2. A fine not to exceed seven hundred dollars ($700) for a second violation within one year of the first violation.
3. A fine not to exceed one thousand three hundred dollars ($1,300) for the third violation or more violations within one year of the first violation.
B. For the theft of water by means other than water tampering:
1. A fine of one thousand dollars ($1,000) for the first violation.
2. A fine not to exceed two thousand dollars ($2,000) for a second violation within one year of the first violation.
3. A fine not to exceed three thousand dollars ($3,000) for the third violation and more violations within one year of the first violation.
PASSED and ADOPTED this 5th day of April, 2022 by the following vote.
AYES: ______
NOES: ______
ABSENT: ______
ABSTAIN: ______
CITY OF SHASTA LAKE:
_________________________________
RICK KERN, Mayor
ATTEST: FORM APPROVED:
_____________________________ _________________________________ Toni M. Coates, CMC, City Clerk John Sullivan Kenny
City Attorney
26 Report and Recommendations 6.2
Reviewed and Approved
City Manager
AGENDA ITEM
City Council Meeting
TO: City Council
FROM: Jessaca Lugo, City Manager
DATE: April 5, 2022
SUBJECT: RESOLUTION TO APPROVE AGREEMENT BETWEEN COUNTY OF
SHASTA AND THE CITY OF SHASTA LAKE FOR LAW
ENFORCEMENT SERVICES AND FUNCTIONS
FILE NO.: L-110-300-200
RECOMMENDATION:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a contract with County of Shasta for Law Enforcement services and functions.
BACKGROUND:
The City of Shasta Lake (“City”) contracts with the County of Shasta (“County”) for law enforcement services. The contract allows for both parties to take advantage of common needs and economies of scale that result in an overall lower cost for law enforcement. The previous agreement was executed on December 3, 1996, continuing until terminated by either party.
The County’s Sheriff’s Lieutenant serves as the Station Commander, providing a full range of law enforcement services including, patrol, traffic, and general law enforcement center services within the legal power of the Sheriff to provide. In 2020/2021, within the City, there were over 14,000 calls for service.
The attached contract outlines the roles and responsibilities of each agency. It should be noted the following assigned personnel to be stationed in Shasta Lake:
➢ 1 Lieutenant
➢ 2 Sergeants
➢ 10 Deputies
➢ 1 Community Services Officer and
➢ 2 Cadets
Along with standard law enforcement responsibilities, such as patrol and traffic services, the City also receives various services through the contract including mutual aid assistance for larger crimes; assistance with parades and events; juvenile assistance; bomb/arson investigative unit; criminal intelligence, domestic violence investigative unit, homicide investigative unit, narcotic enforcement, SWAT, CODE Red, and other critical functions. 27 In addition to staffing, the City will be responsible for providing and maintaining a law enforcement facility, vehicles, and necessary equipment for the County to operate a functional law enforcement facility. On or before May 1st of each year, the County will submit a proposed itemized budget for the next Fiscal Year.
FISCAL IMPACTS:
Law Enforcement services outlined in the contract are budgeted by the City Council. Executing this contract has no Fiscal Impact.
ATTACHMENTS:
Resolution CC-2022-XX
Agreement between County of Shasta and City of Shasta Lake for Law Enforcement Services DISTRIBUTION:
City Council
City Attorney
Shasta County Sheriff's Office
Finance Department/Customer Service
28 RESOLUTION CC-2022-XX
A RESOLUTION OF THE CITY OF SHASTA LAKE APPROVING AN AGREEMENT BETWEEN COUNTY OF SHASTA (“COUNTY”) AND THE CITY OF SHASTA LAKE (“CITY”)
FOR LAW ENFORCEMENT SERVICES AND FUNCTIONS
WHEREAS, the City of Shasta Lake has continuously contracted with the County of Shasta for law enforcement services since 1993; and
WHEREAS, the City is satisfied with the arrangement, the level of service, and the positive impact to the community experience with the County Sheriff’s service; and WHEREAS, the City desires to continue to contract with the County for the performance of certain law enforcement services and functions within the boundaries of the City; and WHEREAS, the City and County mutually desire to continue with a contract which the Sheriff’s Department provides specialized law enforcement and functions to the City; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake hereby:
1. Approves an agreement commencing April 5, 2022, with County of Shasta for Law Enforcement services and functions.
2. Authorizes the City Manager to execute said agreement.
PASSED, APPROVED, AND ADOPTED this 5th day of April 2022 by the following vote.
AYES:
NOES:
ABSENT:
_______________________________________
RICK KERN, Mayor
ATTEST:
___________________________________
TONI M. COATES, CMC, City Clerk
29 AGREEMENT BETWEEN THE COUNTY OF SHASTA AND
THE CITY OF SHASTA LAKE
FOR LAW ENFORCEMENT SERVICES AND FUNCTIONS
This agreement is entered into between the County of Shasta (County), a political subdivision of the State of California, and The City of Shasta Lake (City) for the purpose of Law Enforcement Services and Functions (collectively, the “Parties” and individually a “Party”).
Section 1. RESPONSIBILITIES OF COUNTY
In accordance with the terms and conditions of this agreement, County shall:
A. For the consideration described in this agreement and subject to all of the terms and conditions set forth herein, including but not limited to any additional terms and conditions contained in any exhibit hereto, County shall perform, and City shall be entitled to have County perform, such services and functions for City within the incorporated limits of the City of Shasta Lake as set forth in responsibility of County.
B. Provide traffic enforcement and general law enforcement services within the legal power of the Sheriff to provide.
C. County shall be responsible for the control of personnel, the standards of performance, personnel matters, and other matters incident to the performance of such services.
However, the City Council, through the City Manager, may recommend performance objectives and otherwise consult with the County concerning the provision of service. The Station Commander shall regularly (not less than monthly) consult with City Manager concerning the provision of services being provided and update the City Manager on operations and contract budget status.
D. The County shall assume the full costs of booking arrestees originating from within the City which would otherwise be incurred by the City in the absence of this agreement.
E. All persons employed in the performance of such services and functions for City shall be employees of County, and no employee of City, as such, shall be employed by County. No person employed by County hereunder shall have any City pension, civil service, or other status or right, nor shall be considered a City employee for any purpose.
F. County shall maintain a one deputy minimum staffing in the event of a manpower shortage.
Regular shifts will consist of two dayshifts, one cover shift, and two graveyard shifts.
Provided however, that the Parties hereto understand and agree that there will be periods of routine vacation, sick leave, general staffing shortages and other leaves of absence of assigned Sheriff’s Office personnel. The County may use overtime allowance to provide coverage as may be required to meet calls for service demands to the extent that temporary staffing coverage for the absent contract employee can be funded within the agreed upon 30 contract allowance for overtime. If the overtime has been or will be exceeded by the use of temporary overtime staffing, the City Manager will be consulted.
G. City shall be credited for all Peace Officers Standards and Training (“POST”) reimbursements received by County for backfill of City’s assigned deputies. All other POST reimbursements shall be property of the County.
H. County shall provide the City such police protection and general law enforcement functions on a 24-hour basis as are customarily rendered by the Sheriff of the County, including, but not limited to, criminal investigation, traffic control and accident investigation, emergency and non-emergency uniformed patrol and response to calls for service. Patrol services shall ordinarily be provided by a one-person patrol unit. Minimum staffing shall remain at one deputy per shift when the station is fully staffed (10 deputies).
I. Upon request, the County will assist the City in enforcement on the City Municipal Code.
J. Upon written request given in advance and signed by the City Manager, the County may provide security for special events.
K. The County shall organize, supervise, and maintain a Citizen's Volunteer Patrol (CVP).
The City will pay all expenses of the CVP.
L. The County shall provide personnel to operate the office at the City of Shasta Lake Law Enforcement Center (the “Law Center”). The lobby is to be open to the general public Monday through Friday, during the normal business hours of 8:00 am to 5:00 pm excluding County holidays. The office personnel may be temporarily replaced, in County’s sole discretion, for vacation coverage and special assignments by Cadets or trained CVP members. The County shall be responsible of notifying the City Manager and General Public through website and social media posting of any temporary closure of the lobby.
Section 2. RESPONSIBILITIES OF CITY
A. City will provide the County with a Law Enforcement Center located at 4488 Red Bluff Street and adjacent City Council Chambers will be used for County briefings and trainings.
City shall provide all Law Enforcement Center furnishings and equipment. Any equipment and furnishings provided by the City shall be the property of the City. Any equipment and furnishings provided by County shall remain the property of County. In addition to any other provisions of this agreement, City shall provide a Law Enforcement Center that fully complies with the Americans with Disabilities Act of 1990 (42 U.S.C. sections 12101, et seq.). The City shall defend and hold County harmless from any and all claims or actions arising from City’s violations of the Americans with Disabilities Act.
B. City will provide the Law Enforcement Center to be used by County in connection with the performance of its duties.
31 C. County shall maintain control and security of the Law Enforcement Center, and maintain control of keys, security codes, and key cards. Other than a Grand Master key in the Fire Department Knox Box, City shall not possess keys or entrance cards to the Sheriff’s portion of the building. Cleaning services provided by the City at the Law Center shall coordinated with Sheriff’s personnel and not be in any area of the Law Enforcement Center designated to be a secure portion of the building without Sheriff Personnel present. Repairs and maintenance performed by the City of the Law Enforcement Center shall also be coordinated through Sheriff Personnel.
Section 3. VEHICLES AND EQUIPMENT
A - Vehicles
City shall purchase equipment and maintain all the vehicles specified in this section for use by County in performing the services in this agreement. This will include City and County approved vehicle, paint and approved graphics, light bar, push bumpers, radio console and MDC mount, main radio, MDC/modem, Laptop, GPS, shotgun/rifle locks, roll bar partition, rifle, shotgun, spike strip, fire extinguisher, safety flares, first aid kit, trauma kit, rechargeable flashlight, trunk organizer, molded rear seat, tire chains, and other equipment that may from time to time be authorized for Sheriff’s Office vehicles. Required maintenance and scheduled warranty service on vehicles specified in this section shall be tracked by Sheriff’s staff and the information provided to City on needed maintenance and service. Fiscal responsibility for all maintenance, service, and registration shall be the responsibility of the City. Nothing in this section is intended to limit City in the mechanism of providing such maintenance and service provided such maintenance and service is done by ASE certified technicians/shops or by the City Corp yard.
B - Equipment
The City shall provide and maintain at its expense subject to the annual budgeting procedures set forth in Section 9 the equipment necessary to properly equip sheriff personnel assigned to the City.
Such equipment shall include, but is not limited to, Tasers, flashlights, patrol rifles, pump shot guns, cellular phones, GPS units, Lidar/Radar, bean bag guns, tack strips.
Section 4. UNIFORMS & INSIGNIA
The County shall provide and maintain uniform and insignia. Personnel performing such law enforcement services as herein provided shall be issued a uniform of the Shasta County Sheriff’s Office during the performance of their duties.
Section 5. ASSIGNMENT OF CITY CONTRACTED PERSONNEL
The number of Sheriff's Office personnel and their positions may vary from time to time and will be reflected in the Annual Budget. At present the personnel assigned to the City are: 1 Lieutenant, 2 Sergeants, 10 Deputies, 1 Community Services Officer and 2 Cadets. The parties hope to maintain staffing close to this level in the future contingent on appropriate funding availability. 32 Section 6. ASSIGNMENT OF SPECIFIC PERSONNEL
The City Manager may request the reassignment of personnel assigned to the City at any time with cause. The Sheriff, Station Commander and City Manager shall meet and confer regarding the request within (10) days of the request. If the Parties are unable to agree regarding the request, the Sheriff retains sole discretion regarding assignment of personnel.
Section 7. ANIMAL CONTROL
All City of Shasta Lake Animal Control responsibilities shall be handled by the City. Under certain circumstances the City may request County support for the animal control department. The City Manager shall meet and confer with the Station Commander on such requests.
Section 8. COMPENSATION / ANNUAL BUDGET
On or before May 1 of each year, the County shall submit to the City a proposed itemized budget for the next fiscal year. The parties will discuss the proposed budget and reach agreement on the budget. The budget shall include the entire cost of the County for performing the services and functions set forth in this agreement. It should include staffing levels, all salaries, wages and benefits of all County Officers and employees engaged in rendering the services and functions in this agreement, including all supervision, clerical work, office supplies, insurance costs, overhead expenses in compliance with Gov. Code Section 51350, travel expenses, cost of training, memberships, and all other costs and expenses incidental to the County's performance of services.
The budget shall include the cost for purchase and maintenance of vehicles and equipment and uniforms set forth in Section 3. The Annual Budget will be based on accepted public agency standards for cost accounting.
Section 9. BUDGETARY CONSIDERATION
A. Compensation for the services and functions to be performed by County pursuant to this agreement may include fixed employee cost reimbursement rates and indirect support costs set by County’s Auditor-Controller from time to time to the extent such costs are not prohibited by Gov. Code Section 51350.
B. A major event which is outside of normal law enforcement operations, which draws significant manpower from County resources, may be billed to the city outside of agreed upon compensation. This may include but is not limited to fire, flood, active shooter incidents, long term major investigations, and other critical incidents.
C. In the event salaries and wages of County officers and employees providing services under this agreement are changed at a time not coincident with the time for annual revision of rates, the rates for salaries and wages shall be readjusted to reflect the appropriate rates pursuant to the effective date of such change. In the event any other charges are changed at a time not coincident with the time for reestablishment of rates, the rates shall be readjusted to reflect the appropriate rates pursuant to an effective date 30 days after written notification to City. City shall be notified in writing of the new charges established by 33 County as soon as possible but in no event later than 10 days after the adoption of the County Salary schedule.
Section 10. BILLING AND PAYMENT
County shall render to City within twenty (20) days of the close of each month a statement covering the costs recorded for all services or functions performed during said month, and City shall pay County therefore within thirty (30) days after the date of mailing of such statement. County shall include supporting data concerning the actual experience for all allowances. Any unpaid balance shall become delinquent forty (40) days after the date of mailing and interest shall accrue thereon at the rate of 5% per annum.
Invoices shall be remitted to:
City of Shasta Lake – Attn: Accounts Payable
PO BOX 777
Shasta Lake, CA 96019
Section 11. TERM OF AGREEMENT
This agreement shall commence as of the last date it has been signed by both Parties and shall continue in full force and effect until terminated by either party as provided in Section 12. Any previous agreement is terminated upon the execution of this agreement.
Section 12. TERMINATION OF AGREEMENT
A. Either Party may terminate this agreement without cause on 120 days written notice to the other Party.
B. County’s right to terminate this agreement may be exercised by the Sheriff or the County Executive Officer.
C. In the event of termination, the County shall return to the City in good condition allowing for fair wear and tear all equipment and vehicles purchased by the City and utilized by the County in performance of this agreement.
D. If this agreement is terminated, County shall be paid for all services and shall be paid any other costs incurred by County in the provision of the services provided for in this agreement.
Section 13. ENTIRE AGREEMENT; AMENDMENTS; HEADINGS; EXHIBITS/
APPENDICES
A. This agreement supersedes all previous agreements relating to the subject of this agreement and constitutes the entire understanding of the Parties hereto. The Parties shall be entitled to no other benefits other than those specified herein. The Parties specifically acknowledges that in entering into and executing this agreement, the Parties rely solely upon the provisions contained in this agreement and no others. 34 B. No changes, amendments, or alterations to this agreement shall be effective unless in writing and signed by both Parties. However, minor amendments that do not result in a substantial or functional change to the original intent of this agreement and do not cause an increase to the maximum amount payable under this agreement may be agreed to in writing between City and County’s Sheriff.
C. The headings that appear in this agreement are for reference purposes only and shall not affect the meaning or construction of this agreement.
D. If any ambiguity, inconsistency, or conflict exists or arises between the provisions of this agreement and the provisions of any of this agreement’s exhibits or appendices, the provisions of this agreement shall govern.
Section 14. NON-WAIVER
The waiver by one party of any breach of any requirement of this agreement shall not be deemed to be a waiver of any other breach.
Section 15. EMPLOYMENT STATUS OF COUNTY AND CITY
City and County shall each, during the entire term of this agreement, be construed to be an independent contractor, and nothing in this agreement is intended nor shall be construed to create an employer-employee relationship, a joint venture relationship, or to allow City to exercise discretion or control over the professional manner in which County performs the work or services that are the subject matter of this agreement.
Section 16. INDEMNIFICATION AND INSURANCE
A. City, its officers and employees, by this agreement, shall not assume any liability for the direct payment of any salary or wages to any County officer or employee performing services hereunder for City, nor the direct payment of compensation or indemnity to any County officer or employee for any injury to or illness of such officer or employee arising out of his employment by County, unless such injury or illness is caused by the active negligence or willful misconduct of City, or for the direct payment of any claims, settlement, or judgments resulting or arising from any negligent, wrongful, or other act or omission of County, its officers and employees in performing the services or functions provided for in the agreement.
B. County will assume liability, indemnify and defend at its costs and hold harmless City and its officials, employees and volunteers from and against all claims, damages, losses, judgments, costs, or expenses allegedly caused in whole or in part by any negligent, wrongful or other act or omission of County officers, agents and employees occurring in or arising out of the performance of this agreement or any related agreements between the parties hereto, except where caused by the negligence or willful misconduct of the City.
C. County, its officers and employees, by this agreement, shall not assume any liability for the 35 negligent, wrongful, or other acts or omissions of City or any officer or employee thereof, and the City will assume liability, indemnify and defend at its cost and hold harmless the County and its officials, employees and volunteers from and against all claims, damages, losses, judgments, costs or expenses allegedly caused in whole or in part by any negligent, wrongful, or other acts or omissions of City officers, agents and employees occurring or arising out of the performance of this agreement or any related agreements between the parties hereto, except where caused by the negligence or willful misconduct of the County.
D. Without limiting the indemnification obligation of either party to this Agreement, each Party shall maintain or cause to be maintained Commercial General Liability coverage with limits of liability of not less than $1 million per occurrence or claim, and Workers' Compensation coverage as required by statute.
Section 17. NOTICE OF CLAIM; APPLICABLE LAW; VENUE
A. If any claim for damages is filed with City or if any lawsuit is instituted concerning County’s performance under this agreement and that in any way, directly or indirectly, contingently or otherwise, affects or might reasonably affect County, City shall give prompt and timely notice thereof to County. Notice shall be prompt and timely if given within 30 days following the date of receipt of a claim or 10 days following the date of service of process of a lawsuit. This provision shall survive the termination, expiration, or cancellation of this agreement.
B. Any dispute between the Parties, and the interpretation of this agreement, shall be governed by the laws of the State of California. Any litigation shall be venued in Shasta County.
Section 18. NOTICES
A. Except as provided in section 6.C. of this agreement (oral notice of termination due to insufficient funding), any notices required or permitted pursuant to the terms and provisions of this agreement shall be given to the appropriate Party at the address specified below or at such other address as the Party shall specify in writing Such notice shall be deemed given: (1) upon personal delivery; or (2) if sent by certified or registered mail, postage prepaid, two days after the date of mailing.
IF TO COUNTY: SHASTA COUNTY SHERIFF
300 PARK MARINA CIRCLE
REDDING CA. 96001
(530) 245-6167
IF TO CITY: CITY OF SHASTA LAKE
P.O. BOX 777, 4477 MAIN STREET
SHASTA LAKE, CA 96019
ATTN: CITY CLERK
PHONE (530)-275-7400
[email protected]
36 B. Any oral notice authorized by this agreement shall be given to the persons specified in Section 19.A. and shall be deemed to be effective immediately.
Section 19. AGREEMENT PREPARATION
It is agreed and understood by the Parties that this agreement has been arrived at through negotiation and that neither Party is to be deemed the Party which created any uncertainty in this agreement within the meaning of section 1654 of the Civil Code.
Section 20. SEVERABILITY
If any portion of this agreement or application thereof to any person or circumstance is declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal or state statute or regulation or City or County ordinance, the remaining provisions of this agreement, or the application thereof, shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this agreement are severable.
Signature Page Follows
37 IN WITNESS WHEREOF, City and County have executed this Agreement on the day and year set forth below.
CITY OF SHASTA LAKE COUNTY OF SHASTA
By: ________________________________ By: __________________________________
JESSACA LUGO LES BAUGH
City Manager Chair, Board of Supervisors
City of Shasta Lake County of Shasta
State of California
Date: _________________ Date: _________________
ATTEST:
Matthew P. Pontes
Clerk of the Board of Supervisors
______________________________
By: Deputy
APPROVED AS TO FORM:
By: ___________________________________________
John S. Kenny, City Attorney
City of Shasta Lake
Date: _________________
RUBIN E. CRUSE, JR
County Counsel
By: _______________________________ Date: _____________________________
Name: ____________________________ Title: _____________________________
RISK MANAGEMENT APPROVAL
By: ______________________________ Date: _____________________________ Name: ____________________________ Title: _____________________________ 38