CITY COUNCIL MEETING AGENDA September 20, 2022
CITY COUNCIL MEETING AGENDA
City Council Chambers
4488 Red Bluff Street
Shasta Lake. CA 96019
Tuesday, September 20, 2022 at 6:00 PM
Mayor: Rick Kern
Vice Mayor: Matt Doyle
Council Members: Pamelyn Morgan, Janice Powell, Greg Watkins
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. 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 or absent Pledge of Allegiance
Invocation
Report out regarding Closed Session item.
AWARDS & RECOGNITIONS:
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).
CITY COUNCIL MEETING AGENDA September 20, 2022
Recognition of local schools. Presentation of appreciation gifts and comments by Principals.
PRESENTATIONS:
Sheriff Johnson – presentation on Jail level closures, status, and new Jail project.
Whitney Zeller, Community and Economic Development – presentation on Go Biz Dashboard COMMISSION, COMMITTEE, AND OUTSIDE AGENCY REPORTS:
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 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.
CONSENT AGENDA:
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.
1. Acceptance of the September 6, 2022 Regular Meeting Minutes. (Page 4)
2. Revised Resolution regarding parcels declared surplus to correct referenced California Government Code Citations per the California Department of Housing and Community Development. (Page 6)
3. Resolution approving a supplemental appropriation for the State of California Permanent Local Housing Allocation (PLHA) Grant. (Page 13)
PUBLIC HEARINGS: None
REGULAR AGENDA:
4. Amended Ordinance CC-2022-294 regarding Water Theft and Tampering to include content previously omitted regarding attorney fees. (Page 16) CITY COUNCIL MEETING AGENDA September 20, 2022
5. Discussion and possible action approving a supplemental appropriation for University of Davis All Animals Statewide Animal Shelter Program. (Page 22) STAFF COMMENTS:
CITY COUNCIL COMMENTS AND 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.
ADJOURNMENT:
Meetings are broadcast on the Wednesday following the meeting at 6:00 PM and the following Friday at 2:00 PM on Charter Channel 181. Videos of meetings are also available through the City website: www.cityofshastalake.org
MEETING OF THE CITY OF SHASTA LAKE CITY COUNCIL
MINUTES OF THE REGULAR MEETING
HELD TUESDAY SEPTEMBER 6, 2022 AT THE
CITY COUNCIL CHAMBERS, 4488 RED BLUFF ST, SHASTA LAKE, CALIFORNIA
66:00 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
Mayor Kern announced that during closed session, the City Manager’s Annual Performance Evaluation was conducted.
Pledge
Invocation
AWARDS AND RECOGNITIONS
Proclamation for Constitution Day & Citizenship Day (September 17) and Constitution Week ` (September 17-23).
COMMUNICATIONS
Presentations:
Public Comment:
Commission/Committee reports:
CONSENT AGENDA
1. Acceptance of the August 16, 2022 Regular Meeting Minutes.
2. Resolution CC-2022-84 to declare American Foam Experts the lowest responsive, responsible bidder, award a construction contract in the amount of $52,318.00 to American Foam Experts for the construction of the Wastewater Treatment Plant Control Building Reroofing Project, and approve total expenditure for construction not to exceed $60,000.
PUBLIC HEARINGS None
REGULAR AGENDA
3. Discussion and possible action to declare support for Shasta Interfaith’s mission.
Motion/Vote:
By motion made/seconded (Powell/Morgan), and carried, the council voted in support.
4. Discussion and possible action on a Resolution approving the Energy Efficiency Lighting Upgrade at Shasta Field in Bizz Johnson Park.
Motion/Vote:
By motion made/seconded (Watkins/Powell), and carried, Resolution CC-2022-85 was approved.
5. Update on City Facility Rentals.
COMMUNICATIONS
Staff Comments
City Council Comments
Councilmembers reported on recent events and meetings they attended.
ADJOURNMENT
With no further business, Mayor Kern adjourned the meeting at 7:22 pm.
_____________________________
TONI M. COATES, CMC, City Clerk
Report and Recommendations 2 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Jessaca Lugo, City Manager
DATE: September 20, 2022
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE AMENDING RESOLUTION 2022-83 DETERMINING THREE CITYOWNED PARCELS LOCATED AT 4605 SHASTA DAM BLVD (005-250- 059-000); 4659 SHASTA DAM BLVD (005-250-063-000); AND VACANT LAND (007-010-096) TO BE EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 37364 FOR THE DEVELOPMENT OF
AFFORDABLE HOUSING AND DETERMINING THE PROJECT IS
EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
FILE NO.: New
SUMMARY:
Staff recommends that the City Council adopt an amended Resolution determining certain parcels of land located in Downtown and owned by the City of Shasta Lake as exempt surplus land pursuant to Government Code Sections 37364.
The following parcels (also described as the “Property”) are recommended to be declared exempt surplus property for the purposes of affordable housing, and are further described in the Resolution:
• 4605 SHASTA DAM BLVD (005-250-059-000)
• 4659 SHASTA DAM BLVD (005-250-063-000)
• VACANT LAND (007-010-096)
BACKGROUND:
The City of Shasta Lake City Attorney and City Manager attended a teleconference with the State of California Housing and Community Development (HCD) State Surplus Department Staff. At the direction HCD staff is requesting an amendment to Resolution CC-2022-83 to remove references to Government Code 25539.4 and 54221(f)(1)(A) and replace with Government Code Section 37364. The amendments are noted in new resolution attached.
FISCAL IMPACTS:
None
ATTACHMENTS:
Resolution 2022-XX
DISTRIBUTION:
City Council
City Attorney
RESOLUTION CC-2022-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE AMENDING RESOLUTION 2022-83 DETERMINING THREE CITY-OWNED PARCELS LOCATED AT 4605 SHASTA DAM BLVD (005-250-059-000); 4659 SHASTA DAM BLVD (005-250- 063-000); AND VACANT LAND (007-010-096) TO BE EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 37364 FOR THE DEVELOPMENT OF
AFFORDABLE HOUSING AND DETERMINING THE PROJECT IS EXEMPT FROM
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, the City of Shasta Lake is the owner in fee simple of that certain real property located at 4605 SHASTA DAM BLVD (005-250-059-000); 4659 SHASTA DAM BLVD (005-250-063-000); AND VACANT LAND (007-010-096) ("Property"); and
WHEREAS, on January 27, 2020, the City of Shasta Lake executed a letter of intent with ADK Properties, LLC for the acquisition of the three city owned parcels to be used for the construction of 49-unit affordable housing project (“Shasta Lake Downtown Housing Project” or “Project”) and; WHEREAS, on June 2, 2021, the City, the Managing General Partner of the Project and ADK executed a conditional commitment letter setting forth the terms by which the City would transfer the Property necessary for the Project; and
WHEREAS, the terms of the transfer helped secure financing from the California Department of Housing and Community Development and the Strategic Growth Council enabling the Project to proceed; and
WHEREAS, the transfer of the Property will provide housing affordable to persons and families of low or moderate income as defined by the State of California; and WHEREAS, the housing provided is greatly needed and will be available for years to come and will offer a great benefit to the City; and
WHEREAS, in response to the State of California Department of Housing and Community Development and the Strategic Growth Council Notice of Funding Availability (NOFA) issued February 26, 2021, the City of Shasta Lake, Community Revitalization and Development Corporation, Win River Hotel Corporation, and ADK Properties, LLC submitted an application for funding in the amount of $16,540,259 for Round 6 of the Affordable Housing and Sustainable Communities (AHSC) program to develop a $36.5 million mixed-use development along the north and south sides of Shasta Dam Boulevard. This 52,918SF project includes 49 units of affordable housing and 7,500SF of commercial space; and
WHEREAS, on February 4, 2022, the California Department of Housing and Community Development and the Strategic Growth Council issued an award announcement to the City of Shasta Lake, Community Revitalization and Development Corporation, Win River Hotel Corporation, and ADK Properties, LLC in the amount of $16,540,259 for Round 6 of the Affordable Housing and Sustainable Communities (AHSC) tribal set-aside program.
WHEREAS, the Property transferred will be used for the purposes and in a manner that complies • with the provisions of Government Code Section 37364; and
WHEREAS, on July 7, 2022, the Planning Commission adopted a resolution finding pursuant to Government Code Section 65402(a) that the sale and transfer of three City owned parcels, zoned City Center Commercial (CC) and furthermore Shasta Lake Municipal Code Chapter 17.81 (Affordable Housing), was in conformance with the City’s General Plan; and WHEREAS, on January 29, 2020, the Planning Commission approved use-permit PC 20-02 approving use filed by ADK Properties, LLC to allow for construction of a 60,500SF affordable housing mixed-use development, off-site parking, and associated density bonus and incentives; and
WHEREAS, the transfer of the Property will be for the City's use in that it assists the City in meeting its obligations under the Housing Element of its General Plan to provide affordable housing pursuant to its Regional Housing Needs Assessment allocation, and is consistent with the Legislature's declaration of a housing shortage for persons and families of low and moderate income, and the declaration that housing is of vital importance to the health, safety, and welfare for every Californian pursuant to Government Code Section 54220(a); and WHEREAS, Sections 103(e) and 400(e) of the Guidelines provide that a local agency that determines that property is exempt from the Act shall support such a determination with written findings and shall provide a copy of the written determination to HCD at least 30 days prior to disposition; and
WHEREAS, Article V of the Guidelines provide that HCD will review the information submitted by local agencies pursuant to the Section 400 of the Guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHASTA LAKE DOES RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. The City Council has determined the following three parcels (Exhibit “A”) are exempt surplus land as defined in Government Code Section 37364. a. 4605 Shasta Dam Blvd is legally described as lot 1-5, inclusive, and lots 28 through 32, inclusive of block 8 of Tract Boomtown Unit 8 and is identified as Assessor’s Parcel Number (APN) 005-250-059-000 as shown in the latest records of the Office of the Tax Assessor of the County of Shasta. The site is 17,859 square feet in size. b. 4659 Shasta Dam Blvd is legally described as lot 13,14,15,16,17,18,19, and 20 of block 8 of Tract Boomtown Subdivision Unit 8 and is identified as Assessor’s Parcel Number (APN) 005-250-063-000 as shown in the latest records of the Office of the Tax Assessor of the County of Shasta. The site is 15,246 square feet in size c. Vacant Land (No Address) is legally described as lot 24,23 of block 2 of Tract Boomtown Unit 7 and is identified as Assessor’s Parcel Number (APN) 007-010- 096-000 as shown in the latest records of the Office of the Tax Assessor of the County of Shasta. The site is 13,939 square feet in size.
SECTION 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA'').
The Property is not located in an area of statewide, regional, or areawide concern identified in
Section 15206(b)(4) of the State CEQA Guidelines, and thus the disposition of the Property is exempt from CEQA pursuant to Section 15312 of the State CEQA Guidelines.
SECTION 4. The City Clerk shall certify as to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 20th day of September 2022 by the following vote:
AYES:
NOES:
ABSENT:
____________________________________
RICHARD KERN, Mayor
ATTEST:
___________________________________
TONI M. COATES, CMC, City Clerk
EXHIBIT A
CITY OWNED PARCELS DECLARED EXEMPT SURPLUS PROPERTY
Report and Recommendations 3
Reviewed and Approved
City Manager
AGENDA ITEM
City Council Meeting
TO: Jessaca Lugo, City Manager
FROM: Whitney Zeller, Community and Economic Development Manager DATE: September 20, 2022
SUBJECT: Resolution approving a supplemental appropriation for the State of California Permanent Local Housing Allocation (PLHA) Grant FILE NO.: New
RECOMMENDATION:
Staff recommends the City Council approve a supplemental budget appropriation in the amount of $613,366.00 for the State of California Permanent Local Housing Allocation (PLHA).
BACKGROUND:
The City was awarded a total of $613,366 in Permanent Local Housing Allocation (PLHA) grant funds by the State of California Department of Housing and Community Development (HCD) funded through Senate Bill 2. The intent of this program is to provide a permanent source of funding to all local governments in California to help cities and counties implement plans to increase affordable housing stock and housing-related programs. The City applied for funding in December 2021, and the funding award was received after the adoption of the FY2023 budget.
The Standard Agreement with HCD details:
Contractor has been awarded the following grant activity amounts for 2019: $102,227 Contractor has been awarded the following grant activity amounts for 2020: $161,424 Estimated five-year allocation may not exceed: $613,366 Plan: The City will use allocated funds for the following activity: predevelopment, development, and rehabilitation of Affordable ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI). The City of Shasta Lake will utilize PLHA funds to create more affordable housing in our community and strive to serve Households of extremely low, very low, low, and moderate income.
Staff is working with HCD on final program development guidelines. Staff will need to explore administrative partner who can assist with the underwriting and lending portion of the program.
Further program guidelines will be submitted to City Council on a later date.
FISCAL IMPACTS:
Supplemental Appropriation – Not to exceed $613,366
This program is 100% Grant Funded
ATTACHMENTS:
Resolution CC-2022-XX
DISTRIBUTION:
City Council & Finance Department
RESOLUTION CC-2022-XX
A RESOLUTION OF THE CITY OF SHASTA LAKE APPROVING A SUPPLEMENTAL APPROPRIATION OF $613,366 FOR THE STATE OF CALIFORNIA PERMANENT LOCAL HOUSING ALLOCATION (PLHA) GRANT NO. 21-PLHA-17156
WHEREAS, the Department of Housing and Community Development ("Department") is authorized to provide up to $304 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB2)).
WHEREAS, the City submitted an application requesting the available allocation in the amount of $613,366 to carry out housing programs including predevelopment, development, and rehabilitation of Affordable ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income; and WHEREAS, the grant agreement no. 21-PLHA-17156 was received after the FY2022/2023 budget; and
WHEREAS, this project is funded from the following program fund:
Permanent Local Housing Allocation (PLHA) Program
Expenditure Account: 270-109-6253 - $613,366
Revenue Account: 270-000-4385 - $613,366
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 $613,366.00
2. Authorize the City Manager to execute all necessary documents pertaining to property purchase transaction.
PASSED, APPROVED, AND ADOPTED this 20th day of September 2022 by the following vote.
AYES:
NOES:
ABSENT:
_______________________________________
RICK KERN, Mayor
ATTEST:
___________________________________
TONI M. COATES, CMC, City Clerk
Report and Recommendations
Reviewed and Approved 4
City Manager
AGENDA ITEM
City Council Meeting
TO: City Council
FROM: Jessaca Lugo, City Manager
DATE: September 15, 2022
SUBJECT: AN AMENDED 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 approve the amended Ordinance ORD CC-2022-294.
BACKGROUND:
Ordinance CC-2022-294 was adopted on April 19, 2022. During the codification process with Muni-Code, a division of CivicPlus, it was noticed that some of the language appeared to be missing. Staff has included that language in the attached amended Ordinance. Notice will be given per government code regarding the amended Ordinance. With Council’s approval, the Ordinance will be on consent for final approval on October 4, 2022 FISCAL IMPACTS:
Unknown Fiscal Impacts
ATTACHMENTS:
ORDINANCE 2022-294
DISTRIBUTION:
City Council
ORDINANCE NO. CC-2022-294
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.
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;
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.
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:
1. Its lawsuit was the catalyst motivating the defendant to provide the primary relief sought;
2. The lawsuit was meritorious and achieved its result by "threat of victory;" and
3. The city reasonably attempted to settle the litigation before filing the lawsuit.
C. Lien. As set forth in Section 8.18.070, the City may assess a lien against the property where the customer or offender.
Special Assessment. As set forth in Section 8.18.080, the City may assess a special assessment.
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 19, 2022 by the following vote: Ordinance will be submitted to City Council with amendment on September 20, 2022.
AYES:
NOES:
ABSENT:
CITY OF SHASTA LAKE
_________________________________
RICK KERN, Mayor
ATTEST:
_____________________________
Toni M. Coates, CMC, City Clerk
Report and Recommendations 5
Reviewed and Approved
City Manager
AGENDA ITEM
City Council Meeting
TO: Jessaca Lugo, City Manager
FROM: Whitney Zeller, Community and Economic Development Manager DATE: September 20, 2022
SUBJECT: Resolution approving a supplemental appropriation for University of California Davis All Animals Statewide Animal Shelter Program.
FILE NO.: G-100-050-580
RECOMMENDATION:
Staff recommends the City Council approve a supplemental budget appropriation in the amount of $25,000 (Welcome Home Grant) and $5,000 (Welcome Grant) for the University of California Davis All Animals Statewide Animal Shelter Program Grant.
BACKGROUND:
The City received two awards totaling of $30,000 in grant funds by the Regents of the University of California on behalf of its Davis Campus School of Veterinary Medicine and Koret Shelter Medicine Program, in connection with the California for All Animals statewide animal shelter assistance program. Each grant was executed through a Standard Agreement with UC Davis which details the funding terms. The Welcome Home Grant allocation totals $25,000 to be used towards spay/neutering, microchipping, and vaccination of animals at the Shasta Lake Animal Shelter. The Welcome Grant allocation totals $5,000 to be used towards data collection and administrative expenses of the Shasta Lake Animal Shelter.
The funding will allow the Shasta Lake Animal Shelter to collect data on shelter operations and subsidize services required for pet adoption, reducing the financial burden on our residents looking to adopt, incentivizing adoptions and resulting in lower rates of euthanized animals.
Since the grant award was received after the FY2022-2023 Budget. Staff is requesting a supplemental appropriation to insert the Grant funds into the FY2022-2023 Budget.
FISCAL IMPACTS:
Supplemental Appropriation –
Welcome Home Grant $25,000--
Welcome Grant $5,000--
ATTACHMENTS:
Resolution CC-2022-XX
UCD Agreement(s)
DISTRIBUTION:
City Council & Finance Department
RESOLUTION CC-2022-XX
A RESOLUTION OF THE CITY OF SHASTA LAKE APPROVING A SUPPLEMENTAL APPROPRIATION OF $30,000.00 FOR THE UNIVERSITY OF CALIFORNIA DAVIS ALL
ANIMALS STATEWIDE ANIMAL SHELTER PROGRAM
WHEREAS, the City of Shasta Lake Animal Shelter will fund spay/neuter surgeries for animals in their care and will provide low-cost microchipping and vaccinations for pets in their community; and
WHEREAS, the grant funded program will increase adoptions and help to keep pets in their homes; and
WHEREAS, the grant agreement was received after the FY2022/2023 budget; and WHEREAS, this project is funded from the following capital project fund:
Welcome Home Grant (Spay/Neuter, Microchip, Vaccine)
Expenditure Account: 270-109-6254 - $25,000.00
Revenue Account: 270-000-4386 - $25,000.00
Welcome Grant (Questionnaire and Admin)
Expenditure Account: 270-109-6255 - $5,000.00
Revenue Account: 270-000-4387 - $5,000.00
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 $30,000.00
2. Authorize the City Manager to execute all necessary documents pertaining to property purchase transaction.
PASSED, APPROVED, AND ADOPTED this 20th day of September 2022 by the following vote.
AYES:
NOES:
ABSENT:
_______________________________________
RICK KERN, Mayor
ATTEST:
___________________________________
TONI M. COATES, CMC, City Clerk
UC Davis Agreement #_______
SHELTER SERVICES AGREEMENT
(City of Shasta Lake Animal Shelter)
THIS SHELTER SERVICES AGREEMENT (“Agreement”) is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“University”) on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program (“Facility”) and CITY OF SHASTA LAKE ANIMAL SHELTER (“Shelter”) in connection with the California for All Animals statewide animal shelter assistance program (“Program”).
The parties agree as follows:
1. Shelter Services. Shelter shall adhere to the scope of work described in “Exhibit A”, attached hereto and by this reference made a part hereof (collectively the “Services”). University shall reimburse Shelter for costs (“Expenses”) pursuant to Section 2 below and as outlined in Exhibit A. “Deliverables” shall consist of report(s) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.
2. Payment by University. In consideration of Shelter’s Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $25,000 to be disbursed upon final signature below.
Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at email address [email protected].
3. Term. Services shall be rendered from September 1, 2022 through August 31, 2023.
4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.
5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.
6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages
are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.
7. Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers’ compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.
8. Force Majeure. Neither party shall be liable for damages suffered by the other party because of University’s or Shelter’s failure to perform if failure is due to any cause beyond that party’s control.
9. Relationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.
10. Use of University’s Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.
11. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:
UNIVERSITY (regarding contracts) SHELTER (regarding contracts) Valerie A. Roque Shad Boone
Business & Revenue Contracts Department Supervisor
University of California, Davis City of Shasta Lake Animal Shelter One Shields Ave. 3025 Ashby Rd
Davis, CA 95616 Shasta Lake, CA 96019
E-mail: [email protected] E-mail: [email protected] UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.
Davis, CA 95616
E-mail: [email protected]
12. University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.
13. Governing Law. This Agreement shall be construed pursuant to California law.
14. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or
Exhibit A
Scope of Work
1. Purpose of the work: City of Shasta Lake Animal Shelter will fund spay/neuter surgeries for animals in their care and will provide low cost microchipping and vaccinations for pets in their community. This will increase adoptions and help to keep pets in their homes.
2. Roles and responsibilities of each party: City of Shasta Lake Animal Shelter will provide low cost microchipping and vaccinations for pets in their community, and will fund spay/neuter surgeries for animals in their care. No university equipment will be used.
3. Dates and times the work will be completed: Work will be completed during the contract period of September 1, 2022 through August 31, 2023.
4. Location where work will be performed: 3025 Ashby Rd, Shasta Lake, CA 96019
5. Required deliverables: One final report will be required upon completion of the program. Additional touch points during the grant will be discussed with project officer.
6. Project milestones: Program pilot to be completed by August 31, 2023.
7. Total cost of the services: Total of services not to exceed $25,000. No construction costs will be funded through this grant.
o Items
Spay/Neuter Services $10,000
Microchip Services $6,300
Vaccines $8,700
Total expenses: $25,000
8. Payment schedule: Payment will be upon execution of the agreement.
9. Anticipated additional work: Additional work is not anticipated at this time.