CITY COUNCIL MEETING AGENDA October 4, 2022
CITY COUNCIL MEETING AGENDA
City Council Chambers
4488 Red Bluff Street
Shasta Lake. CA 96019
Tuesday, October 4, 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
AWARDS & RECOGNITIONS:
Presentation of appreciation gift for local schools.
Mayor’s proclamation for Global Youth Justice Month, October 2022.
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 October 4, 2022
PRESENTATIONS:
Sheriff Michael Johnson – Update on new jail, existing jail closure, and other matters related to the Sheriff’s Department.
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 20, 2022 Regular Meeting Minutes. (Page 2)
2. Ordinance prohibiting water theft and water tempering; penalties and administrative fines. (Page 4)
3. Biennial review and update of City’s Conflict of Interest Code. (Page 8)
4. Resolution attesting to the veracity of the submission of the Power Source Disclosure Content Label for Calendar Year 2021. (Page 34)
5. Information Item (Page 46)
Checks/E-payments/Wires:
7/28/2022 $101,560.32
8/02/2022 $902,454.17
8/15/2022 $2,538,619.87
Payrolls:
8/26/2022 $195,909.70
9/09/2022 $185,570.04
9/23/2022 $181,928.80
CITY COUNCIL MEETING AGENDA October 4, 2022
6. A) Resolution authorizing and approving execution of a grant agreement to receive an allocation of funding from the 2018-CDBG-DR Infrastructure Program and any forthcoming amendments, thereto. (Page 61)
B) Resolution approving a supplemental appropriation of $6,326,184.69 for the State of California 2018 Community Development Block Grant Disaster Recovery Infrastructure (DR-INF) Program.
7. Resolution approving a supplemental appropriation of $700,000 for the State of California Permanent Local Housing Allocation (PHLA) Grant No. 21-PLHA-17156. (Page 67)
8. Resolution to declare Iron Mountain General Engineering Inc. the lowest responsive, responsible bidder, award a construction contract in the amount of $87,644.00 to Iron Mountain General Engineering Inc. for the construction of the Pine Flat Street Water Main Replacement Project, and approve total expenditure for construction not to exceed $100,000.00. (Page 70)
PUBLIC HEARINGS:
9. Public Hearing and possible first reading of an Ordinance amending City of Shasta Lake Municipal Code Title 6 – Animals. (Page 74)
REGULAR AGENDA:
10. Discussion and possible action on a Resolution to approve Sole-Source acquisition of all City of Shasta Lake (City) rectangular rapid flashing Beacon (RRFB) assemblies from Traffic and Parking Control Co., Inc. (Tapco). (Page 93)
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.
CITY COUNCIL MEETING AGENDA October 4, 2022
• 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
PROCLAMATION
A CITY OF SHASTA LAKE MAYOR’S PROCLAMATION FOR
GLOBAL YOUTH JUSTICE MONTH – OCTOBER 2022
WHEREAS, throughout October, more than 2,000 youth court programs operating in our nation's juvenile justice systems, schools, and community-based organizations will celebrate Global Youth Justice Month; and
WHEREAS, peer courts are youth-led and volunteer driven diversion programs and Shasta County Youth Peer Court has been in operation for 19 years; and WHEREAS, youth courts are one of the fastest growing crime prevention and early intervention programs in the nation; and
WHEREAS, youth courts empower youth through involvement in community solutions by developing skills in leadership, decision-making, and problem solving; youth learn appropriate use of peer pressure, and are given opportunities to mentor and instill integrity in their peers; and WHEREAS, the City of Shasta Lake City Council strongly supports programs such as Shasta County Youth Peer Court because they help build healthier and safer communities.
NOW, THEREFORE, BE IT PROCLAIMED by the Mayor of the City of Shasta Lake that October be recognized as Global Youth Justice Month.
Dated this 4th day of October 2022
RICK KERN, Mayor
1 MEETING OF THE CITY OF SHASTA LAKE CITY COUNCIL
MINUTES OF THE REGULAR MEETING
HELD TUESDAY SEPTEMBER 20, 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: Morgan, Powell, Watkins, Kern
Council Members absent: Doyle
Pledge
Invocation
AWARDS AND RECOGNITIONS
Appreciation award presented to Mountain Lakes High School. Principal Hiscock gave a short presentation about the school.
COMMUNICATIONS
Presentations:
Whitney Zeller, Community and Economic Development – presentation on Go Biz Dashboard Public Comment:
Jim Mark spoke regarding Tera Smith investigation.
Commission/Committee reports:
Anne Morningstar reported on the Mosquito and Vector Control District and the Shasta Lake Fire Protection District.
CONSENT AGENDA
1. Acceptance of the September 6, 2022 Regular Meeting Minutes.
2. Revised Resolution CC-2022-86 regarding parcels declared surplus to correct referenced California Government Code Citations per the California Department of Housing and Community Development.
Item was acted on separately after discussion
Motion/Vote:
By motion made/seconded (Morgan/Watkins), and carried, Resolution CC-2022-86 was approved.
3. Resolution CC-2022-87approving a supplemental appropriation for the State of California Permanent Local Housing Allocation (PLHA) Grant.
Motion/Vote:
2 By motion made/seconded (Morgan/Watkins), and carried, items 1 and 3 on the consent agenda were approved.
PUBLIC HEARINGS None
REGULAR AGENDA
4. Amended Ordinance CC-2022-294 regarding Water Theft and Tampering to include content previously omitted regarding attorney fees.
Motion/Vote:
By motion made/seconded (Powell/Morgan), and carried, the revisions were approved and moved to the second hearing.
5. Discussion and possible action approving a supplemental appropriation for University of Davis All Animals Statewide Animal Shelter Program.
Motion/Vote:
By motion made/seconded (Morgan/Watkins), and carried, Resolution CC-2022-88 was approved.
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 7:10 pm.
_____________________________
TONI M. COATES, CMC, City Clerk
3 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:
4 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. 5 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.
6 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 of 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.
The foregoing Ordinance was adopted at the regular meeting of the City Council of the City of Shasta Lake held on October 4, 2022 by the following vote:
AYES:
NOES:
ABSENT:
CITY OF SHASTA LAKE
_________________________________
RICK KERN, Mayor
ATTEST:
_____________________________
Toni M. Coates, CMC, City Clerk
7 Report and Recommendations 3 Reviewed and Approved
City Manager
AGENDA ITEM
City Council Meeting
TO: City Council
FROM: Toni Coates, CMC, City Clerk
DATE: September 27, 2022
SUBJECT: Biennial Review and Revision of the City’s Conflict of Interest Code FILE: A-050-070-116
RECOMMENDATION:
Staff recommends approval of the attached Resolution accepting the City’s Conflict of Interest Code at the conclusion of its Biennial Review process.
BACKGROUND:
In keeping with the procedures required by the Fair Political Practices Act, every even- numbered year the City’s Conflict of Interest Code must be reviewed, and certain recommendations for modifications made. Modifications typically become necessary when new positions are created or duties of current employees change. Upon review, staff made the following modifications, subject to City Council approval.
Addition of Community and Economic Development Manager
FISCAL IMPACTS:
None
ATTACHMENTS:
Resolution
City of Shasta Lake Conflict of Interest Code
DISTRIBUTION:
City Council
8 RESOLUTION CC-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE ACCEPTING THE CITY’S CONFLICT OF INTEREST CODE AT THE CONCLUSION OF ITS 2022
BIENNIAL REVIEW PROCESS
WHEREAS, the City Council of the City of Shasta Lake has previously adopted Conflict Rules, Regulations, and Codes; and
WHEREAS, the City must perform a Biennial Review Process of its Conflict of Interest Code during even numbered years; and
WHEREAS, the City Clerk and City Manager have reviewed the Code and found that one modification should be made to include the Community and Economic Development Manager position.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake hereby accepts the City’s Conflict of Interest Code as and acknowledges its biennial review as complete.
PASSED, APPROVED, AND ADOPTED this 4th day of October, 2022 by the following vote:
AYES:
NOES:
ABSENT:
______________________________
RICK KERN, Mayor
ATTEST:
___________________________
TONI M. COATES, CMC, City Clerk
•
•
9 10
11 Department
Administration
Finance
Building and Planning
Public Services
(Electric, Roads, Water,
Wastewater and Parks)
Consultants
1 APPENDIX "A" - Designated Employees
Position Disclosure Category
1,2,&3
1,2,&3
City Clerk
Community & Economic Development Manager
Finance/ General Services Manager
Development Services Director
Senior Planner
Associate Planner
Building Official
Code Enforcement Officer
Public Works Superintendents
Public Works Supervisor
City Engineer
Assistant City Engineer
Electric Utility Director
Assistant Electric Utility Director
Electric Operations Manager
Engineering
1,2,3&4
1,2,3&4
1,2,3&4
1,2 3&4
1,3&4
1,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
The Mayor, Members of the City Council and Planning Commission, the City Manager, Assistant City Manager, City Attorney, and all other City Officials who manage public investments as defined by 2 Cal.
Code of Regulations § 18701 (b) are not subject to the City's Code but are subject to the disclosure requirements of the Act. (Government Code Section 87200 et. Seq.) [Regs. § 18730(b)(3)] 12 13
14 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations.)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees.
15 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been 16 determined that the economic interests set forth in a designated employee's disclosure categories are the kinds ofeconomicinterests which he or she foreseeably can affect materially through the conduct of his or her office.
(4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to 17 have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
18 (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Government Code section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to 2 Cal.
Code Regs. section 18754.
(D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property; 19 4. A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000). (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:
1. The name and address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000);
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
20 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000).
(D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.
Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section.
This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506. 21 (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $420. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $420 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.
Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from 22 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 23 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time.
4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
24 (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of one hundred dollars ($100) or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months. (B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
25 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($2,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($2,000) or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or 26 (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $420 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more.
(10) Section 10. Disclosure of Disqualifying Interest.
27 When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 and 2 Cal. Code Regs. sections 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.
(12) Section 12. Violations.
This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003.
__________________________________________
1Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and 28 verified by the designated employee as if it were an original. See Government Code section 81004.
2See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer.
3For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
5A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency.
6Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.
29 HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No.2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42).
9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. 30 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History11 and 12 and deleting duplicate section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).
18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20). 31 21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-2001 pursuant to the 1974 version of Government Codesection 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4 filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
32 27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18-2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11-30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
33 Report and Recommendations 4
Reviewed and Approved
_________________________
City Manager
AGENDA ITEM
City Council Meeting
TO: Mayor and City Council
FROM: James Takehara, Electric Utility Director
DATE: September 26, 2022
SUBJECT: Power Source Disclosure Report and Power Content Label for Calendar Year 2021
FILE NO.: E-090-522-627
RECOMMENDATION:
Staff recommends that the City Council of the City of Shasta Lake adopt a Resolution to approve the attached “Power Source Disclosure” (PSD) and “Power Content Label” for calendar year 2021.
BACKGROUND:
California Public Utilities Code Sections 398.4 and 398.5 requires retail suppliers of electric products to identify the electric sources and product mix used to serve their customers and to provide this information to the California Energy Commission (CEC) and their end-use customers, annually.
The PSD was originally adopted in the late 1990s and remained largely unchanged until 2016 when AB 1110 was adopted into law. The PSD presentation and calculation methods are quite different this year compared to last year. These changes are intended to capture the impacts of new power products that emerged as a result of California’s aggressive climate change laws including renewable energy mandates and carbon reduction mandates.
The data gathered on the PSD are used to create the 2021 “Power Content Label,” which summarizes the types of electric resources that the City’s end-use electric customers receive. The PCL contains several data points worth highlighting.
1. The City’s carbon intensity of its electric portfolio is about 15% less than the average CA utility.
This can be found by referencing the upper left of the attached label under “Greenhouse Gas Emissions Intensity,” measured in pounds per carbon dioxide equivalent (lbs/CO2e). The City’s portfolio contains 386 lbs/CO2e vs. the average CA utility’s 456 lbs/CO2e.
2. The City’s renewable energy content appears to be substantially lower than the average CA utility, with 0.4% of renewable energy in the City vs. 33.6% in other utilities. This is an oddity based on differences in how the City must report renewable energy purchases under different State laws. Under the renewable energy laws, utilities are allowed to purchase renewable energy within a 3-4 year period as long as the total amount of renewable energy within that multiyear period meets minimum standards. In contrast, the laws governing the PSD require 34 that renewable energy purchases be reported in the year delivery is made. In this case, the City delayed purchasing renewable energy products as the State worked out details in its renewable energy regulations. The City anticipated using the 3-4 year purchasing window to bring the portfolio into compliance once the State’s rules were in place.
3. The City’s portfolio reports 2.7% of energy from nuclear resources. The City does not own a nuclear power plant nor does the City directly contract for power from a nuclear facility. The presence of nuclear energy in the City’s portfolio is an indirect result of purchasing certain lowcarbon resources from entities in the Pacific Northwest. In prior years, the only data the City received when purchasing these types of power supply resources was the carbon intensity (e.g., lbs/CO2e). For this reporting, state regulators collaborated to further define what energy resources make up these low-carbon products so that this information could be reported on this PSD, PCL, and other reports. The low-carbon product that the City purchased from the Pacific Northwest was predominately large hydroelectric. It also had small percentages of renewable, nuclear, and unspecified power.
The accompanying resolution satisfies an administrative requirement that the City’s governing board approve the submission of an attestation of the veracity of the PSD, in lieu of having the report independently verified, and the PCL.
FISCAL IMPACTS:
There is no fiscal impact associated with the approval of this resolution.
ATTACHMENTS:
Resolution
2021 Power Source Disclosure and Power Content Label
DISTRIBUTION:
Central Files
35 RESOLUTION CC-2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE
ATTESTING TO THE VERACITY OF THE SUBMISSION OF THE POWER SOURCE DISCLOSURE REPORT AND THE POWER CONTENT LABEL FOR CALENDAR YEAR 2021
WHEREAS, California Public Utilities Code Sections 398.4 and 398.5 requires retail suppliers of electric products to identify the electric sources and product mix used to serve their customers; and WHEREAS, the City of Shasta Lake is required to report this information, together with supporting documentation, to the California Energy Commission (CEC) in the form of the Power Source Disclosure (PSD) and to City of Shasta Lake electric customers in the form of the Power Content Label (PCL); and
WHEREAS, the PSD and PCL reporting templates were modified by the CEC, pursuant to AB 1110 (2016); and
WHEREAS, the PSD and PCL for 2021 shows that the City’s publicly owned electric operation has met end-use customers’ needs of 215,780 MWh with electric sources that were from 55.7% hydroelectric, 41.0% from sources that cannot be specified, and 0.4% eligible renewable energy resources under California’s Renewable Portfolio Standards; and WHEREAS, this Resolution serves as the verification required by CEC Power Source Disclosure Program Regulations for the City’s governing board to approve the attestation of the veracity of the annual reports; and
WHEREAS, Staff developed the PSD Report and PCL consistent with State law and the CEC’s regulations using metered generation, use, and retail sales data used in preparing and verifying the City’s scheduling, billing, and settlement activities, which is the same data used in other public reports and regulatory compliance filings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake approves the submission of the attached attestation of the veracity of the Power Source Disclosure Report and Power Content Label for Calendar Year 2021 attached to this resolution.
PASSED, APPROVED AND ADOPTED this 4th day of October 2022 by the following vote:
AYES:
NOES:
ABSENT:
_________________________________
RICK KERN, Mayor
ATTEST:
_______________________________
TONI M. COATES, CMC
City Clerk
36 Version: May 2022
If you have questions, contact Power Source Disclosure (PSD) staff at [email protected] or (916) 805-7439.
NOTE: Information submitted in this report is not automatically held confidential. If your company wishes the information submitted to be considered confidential an authorized representative must submit an application for confidential designation (CEC-13), which can be found on the California Energy Commissions's website at https://www.energy.ca.gov/about/divisions-and-offices/chief-counsels-office.
WEBSITE URL FOR
PCL POSTING www.cityofshastalake.org
Submit the Annual Report and signed Attestation in PDF format with the Excel version of the Annual Report to [email protected]. Remember to complete the Retail Supplier Name, Electricity Portfolio Name, and contact information above, and submit separate reports and attestations for each additional portfolio if multiple were offered in the previous year.
CITY, STATE, ZIP Shasta Lake, CA 96019
PHONE (530) 275-7400
EMAIL [email protected]
NAME James Takehara
TITLE Electric Utility Director
MAILING ADDRESS PO Box 777
CONTACT INFORMATION
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
For the Year Ending December 31, 2021
RETAIL SUPPLIER NAME
ELECTRICITY PORTFOLIO NAME
Retail suppliers are required to use the posted template and are not allowed to make edits to this format. Please complete all requested information.
GENERAL INSTRUCTIONS
37 Version: May 2022
Schedule 1: Procurements and Retail Sales
Schedule 2: Retired Unbundled RECs
Schedule 3: Annual Power Content Label Data
GHG Emissions Factors
Specified Purchases: A Specified Purchase refers to a transaction in which electricity is traceable to specific generating facilities by any auditable contract trail or equivalent, such as a tradable commodity system, that provides commercial verification that the electricity claimed has been sold once and only once to retail consumers. Do not enter data in the grey fields. For specified purchases, include enter following information for each line item:
Facility Name - Provide the name used to identify the facility.
Fuel Type - Provide the resource type (solar, natural gas, etc.) that this facility uses to generate electricity.
Location - Provide the state or province in which the facility is located.
Identification Numbers - Provide all applicable identification numbers from the Western Renewable Energy Generation Information System (WREGIS), the Energy Information Agency (EIA), and the California Renewables Portfolio Standard (RPS).
Gross Megawatt Hours Procured - Provide the quantity of electricity procured in MWh from the generating facility.
Megawatt Hours Resold - Provide the quantity of electricity resold at wholesale.
Unspecified Power: Unspecified Power refers to electricity that is not traceable to specific generation sources by any auditable contract trail or equivalent, or to power purchases from a transaction that expressly transferred energy only and not the RECs associated from a facility. Do not enter procurements of unspecified power. The schedule will calculate unspecified power procurements automatically.
Complete this schedule by entering information about unbundled REC retirements in the previous calendar year.
Retail suppliers of electricity must complete this schedule by entering information about all power procurements and generation that served the identified electricity portfolio covered in this filing in the prior year. The schedule is divided into sections: directly delivered renewables, firmed-and-shaped imports, specified non-renewables, and procurements from ACSs. Insert additional rows as needed to report all procurements or generation serving the subject product. Provide the annual retail sales for the subject product in the appropriate space. At the bottom of Schedule 1, provide the retail suppliers’ other electricity end-uses that are not retail sales, such as transmission and distribution losses. Retail suppliers shall submit a purchase agreement or ownership arrangement documentation substantiating that any eligible firmed-and-shaped product for which it is claiming an exclusion was executed prior to January 1, 2019. Any retail supplier that offered multiple electricity portfolios in the prior year must submit separate Annual Reports for each portfolio offered.
Schedule 2 - Retired Unbundled Renewable Energy Credits (RECs) Schedule 3 - Annual Power Content Label Data
Asset-Controlling Supplier (ACS) Procurement Calculator PSD Attestation
INSTRUCTIONS
Schedule 1 - Procurements and Retail Sales
INTRODUCTION
Retail suppliers are required to submit separate Annual Reports for each electricity portfolio offered to California retail consumers in the previous calendar year. Enter the Retail Supplier Name and Electricity Portfolio Name at the top of Schedule 1, Schedule 2, Schedule 3, and the Attestation.
A complete Annual Report includes the following tabs:
PSD Intro
Instructions
38 Version: May 2022
ACS Resource Mix Calculator
GHG Emissions Factors
Attestation
Retail suppliers may report specified purchases from ACS system power if the ACS provided its fuel mix of its specified system mix to the Energy Commission. Use the calculator to determine the resource-specific procurement quantities, and transfer them to Schedule 1.
This template provides the attestation that must be submitted with the Annual Report to the Energy Commission, stating that the information contained in the applicable schedules is correct and that the power has been sold once and only once to retail consumers. This attestation must be included in the package that is transmitted to the Energy Commission. Please provide the complete Annual Report in Excel format and the complete Annual Report with signed attestation in PDF format as well.
This tab will be displayed for informational purposes only; it will not be used by reporting entities, since the emissions factors below auto-populate in the relevant fields on Schedules 1 & 3.
This schedule is provided as an automated worksheet that uses the information from Schedule 1 to calculate the power content and GHG emissions intensity for each electricity portfolio. The percentages calculated on this worksheet should be used for your Power Content Label.
39 Version: May 2022
215,780
129,951
85,829
-
-
-
129,951
37,811
0.1752
DIRECTLY DELIVERED RENEWABLES
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID N/A EIA ID
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions (in MT
CO2e) N/A
Lewiston Eligible hydro CA W1108 61044 977 21 - 21 21 - - Nimbus Eligible hydro CA W1161 61045 444 450 - 450 450 - - Stampede Eligible hydro CA W1177 61046 7066 330 - 330 330 - - - - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
FIRMED-AND-SHAPED IMPORTS
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID
EIA ID of
REC
Source
EIA ID of
Substitute
Power
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e)
Eligible for
Grandfathered
Emissions?
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
SPECIFIED NON-RENEWABLE PROCUREMENTS
Facility Name Fuel Type
State or
Province N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
Shasta Large hydro CA 445 4,906 - 4,906 4,906 - -
Keswick Large hydro CA 443 1,430 - 1,430 1,430 - -
Trinity Large hydro CA 451 1,322 - 1,322 1,322 - -
Judge F. Carr Large hydro CA 442 1,640 - 1,640 1,640 - - O'Neill Large hydro CA 446 49 - 49 49 - -
Spring Creek Large hydro CA 450 1,311 - 1,311 1,311 - - Folsom Large hydro CA 441 771 - 771 771 - -
New Melones Large hydro CA 6158 1,881 - 1,881 1,881 - - Wells Large hydro WA 3886 47,561 - 47,561 47,561 - -
Grand Priest Large hydro WA 3887 17,280 - 17,280 17,280 - -
PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS
Facility Name Fuel Type N/A N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
BPA ACS Solar BPA 0 0 0.0211 0
BPA ACS Large hydro BPA 41,984 41,984 0.0211 886
BPA ACS Nuclear BPA 5,842 5,842 0.0211 123
BPA ACS Other BPA 426 426 0.0211 9
BPA ACS Unspecified Power BPA 2,747 2,747 0.0211 58
END USES OTHER THAN RETAIL SALES MWh
Retail Sales (MWh)
Net Specified Procurement (MWh)
Unspecified Power (MWh)
Procurement to be adjusted
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2021
City of Shasta Lake
Electric Portfolio
GHG Emissions Intensity (in MT CO2e/MWh)
Net Specified Natural Gas
Net Specified Coal & Other Fossil Fuels
Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions)
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.
Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours. 40 Version: May 2022
-
RETIRED UNBUNDLED RECS
Facility Name Fuel Type
State or
Province RPS ID Total Retired (in MWh)
Total Retired Unbundled RECs
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 2: RETIRED UNBUNDLED RECS
For the Year Ending December 31, 2021
(RETAIL SUPPLIER NAME)
(ELECTRICITY PORTFOLIO NAME)
INSTRUCTIONS: Enter information about retired unbundled RECs associated with this electricity portfolio. Insert additional rows as needed. All fields in white should be filled out. Fields in grey autopopulate as needed and should not be filled out. 41 Version: May 2022
Adjusted Net
Procured (MWh)
Percent of Total
Retail Sales
Renewable Procurements 801 0.4%
Biomass & Biowaste - 0.0%
Geothermal - 0.0%
Eligible Hydroelectric 801 0.4%
Solar 0 0.0%
Wind - 0.0%
Coal - 0.0%
Large Hydroelectric 120,135 55.7%
Natural gas - 0.0%
Nuclear 5,842 2.7%
Other 426 0.2%
Unspecified Power 88,576 41.0%
Total 215,780 100.0%
215,780
386
0.0%
Total Retail Sales (MWh)
GHG Emissions Intensity (converted to lbs CO2e/MWh)
Percentage of Retail Sales Covered by Retired Unbundled RECs
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 3: POWER CONTENT LABEL DATA
For the Year Ending December 31, 2021
City of Shasta Lake
Electric Portfolio
Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels. 42 Version: May 2022
Net MWh
Procured N/A Resource Type
Resource Mix
Factors
Resource-Specific
Procurements from ACS
50,999 Biomass & biowaste -
Geothermal -
Eligible hydroelectric -
Solar 0.00 0
Wind -
Coal -
Large hydroelectric 0.82 41,984
Natural gas -
Nuclear 0.11 5,842
Other 0.01 426
Unspecified Power 0.05 2,747
Net MWh
Procured N/A Resource Type
Resource Mix
Factors
Resource-Specific
Procurements from ACS
Biomass & biowaste -
Geothermal -
Eligible hydroelectric -
Solar -
Wind -
Coal -
Large hydroelectric 0.86 -
Natural gas -
Nuclear 0.07 -
Other -
Unspecified Power 0.08 -
Bonneville Power Administration
ASSET CONTROLLING SUPPLIER RESOURCE MIX CALCULATOR
Tacoma Power
Instructions: Enter total net specified procurement of ACS system resources into cell A8 or A23.
In Column E, the calculator will determine quantities of resource-specific net procurement for entry on Schedule 1.
43 44
2021 POWER CONTENT LABEL
City of Shasta Lake
www.cityofshastalake.org
Greenhouse Gas Emissions
Intensity (lbs CO2e/MWh) Energy Resources Electric
Portfolio
2021 CA
Power Mix
Eligible Renewable1 0.4% 33.6%
Biomass & Biowaste 0.0% 2.3%
386 456 Geothermal 0.0% 4.8%
Eligible Hydroelectric 0.4% 1.0%
Solar 0.0% 14.2%
Wind 0.0% 11.4%
Coal 0.0% 3.0%
Large Hydroelectric 55.7% 9.2%
Natural Gas 0.0% 37.9%
Nuclear 2.7% 9.3%
Other 0.2% 0.2%
Unspecified Power2 41.0% 6.8%
TOTAL 100.0% 100.0%
Percentage of Retail Sales Covered by
Retired Unbundled RECs3
:
0%
1 The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology. 2
Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source. 3
Renewable energy credits (RECs) are tracking instruments issued for renewable generation.
Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.
For specific information about this
electricity portfolio, contact:
City of Shasta Lake
www.cityofshastalake.org
For general information about the
Power Content Label, visit: http://www.energy.ca.gov/pcl/ For additional questions, please
contact the California Energy
Commission at:
Toll-free in California: 844-454-2906
Outside California: 916-653-0237
Electricity Portfolio
Name 2021 CA Utility Average
0 200
400
600
800
1000
Electricity
Portfolio
Name
2021 CA
Utility
Average
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
Report and Recommendations 6
Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Whitney Zeller, Community and Economic Development Manager
DATE: October 4, 2022
SUBJECT: Possible action to adopt a resolution executing a grant agreement to receive $6,326,184.69 from the 2018-CDBG-DR Infrastructure Program for the Centimudi Water Tank and Lake Boulevard Water Line Projects and approve a supplemental appropriation for the grant funds.
FILE NO.: New
RECOMMENDATION:
Staff recommends City Council adopt the first resolution, authorizing execution of a grant agreement to receive $6,326,184.69 in funding from the 2018-CDBG-DR Infrastructure Program and any forthcoming amendments, thereto, as well as the second resolution, authorizing a supplemental budget appropriation in the amount of $6,326,184.69 for the 2018-CDBG-DR Infrastructure Program.
BACKGROUND:
The California Department of Housing and Community Development (HCD) was appropriated approximately $1,017,399,000 in Community Development Block Grant – Disaster Recover (CDBG-DR) funding under Federal Register Notice 85 FR 4681, related to the FEMA Major Disaster Declarations DR-4382 from July to September 2018 and DR4407 in November 2018, which included the 2018 Carr fire. $317,428,488 of the CDBGDR funding was allocated to the Disaster Recovery Infrastructure Program (DRInfrastructure). DR-Infrastructure projects are funded to assist with meeting the unmet infrastructure needs of local communities impacted by the 2018 major disaster declarations. Funded projects are required to show a tie-back to the disaster.
The City of Shasta Lake submitted two Notice of Intent applications, both of which were deemed eligible and included in the City’s unmet need allocation. The first project application was $7,000,000 for the Lake Boulevard Water Transmission Line and the second was $5,100,000 for the Centimudi Water Storage Tank. The unmet need for eligible projects were combined and divided by percentage of total unmet need to determine award 61 amounts. The City received an allocation in the amount of $6,326,184.69 to be used towards recovery and infrastructure projects in accordance with eligible uses. Authorizing the execution of a grant agreement would require a supplemental budget appropriation not to exceed the full grant amount.
Funds will be utilized towards the Centimudi Water Storage Tank and Lake Boulevard Water Line Projects. The Centimudi Water Storage Tank will increase the City’s capacity for water storage, which is essential in providing firefighters the resources required to combat wildfires. Additionally, the Lake Boulevard Water Line will increase fire flow capabilities to support firefighting activities.
FISCAL IMPACTS:
Supplemental Appropriation – Not to exceed $6,326,184.69 A,TTACHMENTS:
Resolution CC-2022-XX
Resolution CC-2022-XX
DISTRIBUTION:
City Council & Finance Department
62 Resolution of the City of Shasta Lake City Council
RESOLUTION NO._____
A RESOLUTION AUTHORIZING AND APPROVING EXECUTION OF A
GRANT AGREEMENT TO RECEIVE AN ALLOCATION OF FUNDING
FROM THE 2018 CDBG-DR INFRASTRUCTURE PROGRAM AND ANY
FORTHCOMING AMENDMENTS, THERETO
BE IT RESOLVED by the City Council of the City of Shasta Lake as follows:
SECTION 1:
The City Council has reviewed the State of California’s CDBG-DR Action Plan for 2018 disasters and, hereby, approves the execution of a Standard Agreement between the City of Shasta Lake (“Subrecipient”) and the California Department of Housing and Community Development (“HCD”), allocating to the Subrecipient the aggregate amount, not to exceed, $6,326,184.69 (“Grant”).
The City Council agrees to perform infrastructure-development-related activities, as further detailed in the Standard Agreement and consistent with the applicable Disaster Recovery Infrastructure Program (DR-Infrastructure) Policies and Procedures, as the same may be amended from time to time.
SECTION 2:
The City hereby authorizes and directs the City Manager or designee* to enter into, execute, and deliver the Standard Agreement and any and all subsequent amendments, thereto, with the State of California for the purposes of the Grant.
SECTION 3:
The City Manager or designee* is authorized to execute and deliver all project applications and any and all related documentation required to effectuate the terms of the Standard Agreement, and to act on the City’s behalf in all matters pertaining to all such applications and documentation, thereof.
SECTION 4:
63 If an application is approved, the City Manager or designee* is authorized to enter into, execute, and deliver all Notice(s) to Proceed, and any and all subsequent amendments, thereto, with the State of California for the purposes of the Grant.
SECTION 5:
If an application is approved, the City Manageror designee* is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California, from time to time, in connection with the Standard Agreement for purposes of the Grant. * Important Notes:
1) If a designee is named as an alternative signatory on behalf of the designated official of the City or County, the authority to sign on behalf of such designated official must be included with this Resolution. Otherwise, the Resolution will not be accepted and could delay the Grant award and/or funding. 2) Do not add limitations or conditions on the ability of the signatory or signatories to sign documents or the Resolution may not be accepted. Inclusion of additional limitations or conditions on the authority of the signer may result in the Resolution being rejected and will require your entity to issue a corrected Resolution prior to the Department issuing a Standard Agreement.
3) If more than one party’s approval is required, list each required approving party as a signatory. The only exception to this requirement is where county counsel or city attorney approves the Resolution as to form or legality or both, IF such approval is already part of the standard city/county signature block, as evidenced by the signed Resolution itself.
4) The certifying officer cannot be the person identified in the Resolution as the authorized signer.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Shasta Lake held on October 4, 2022 by the following vote:
AYES: _____ NOES: _____
ABSENT: _____ ABSTAIN: _____
__________________________________
Attest: Rick Kern, Mayor
City of Shasta Lake City Council
______________________
Toni M. Coates, CMC, City Clerk
64 STATE OF CALIFORNIA
City of Shasta Lake
I, Toni M. Coates, City Clerk of the City of Shasta Lake, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted at a duly noticed and convened meeting of said City Council/Board of Supervisors on October 4, 2022, and that such resolution has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
____________________________________
Toni M. Coates, CMC, City Clerk of
The City of Shasta Lake, State of California
By: _____________________________________
65 RESOLUTION CC-2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE APPROVING A SUPPLEMENTAL APPROPRIATION OF $6,326,184.69 FOR THE STATE OF CALIFORNIA 2018 COMMUNITY DEVELOPMENT BLOCK GRANT –
DISASTER RECOVERY INFRASTRUCTURE (DR-INF) PROGRAM
WHEREAS, the California Department of Housing and Community Development ("Department") was appropriated approximately $1,017,399,000 in Community Development Block Grant – Disaster Recover (CDBG-DR) funding under Federal Register Notice 85 FR 4681, related to the FEMA Major Disaster Declarations DR-4382 from July to September 2018 and DR-4407 in November 2018, which included the 2018 Carr fire; and WHEREAS, $317,428,488 of the CDBG-DR funding was allocated to the Disaster Recovery Infrastructure Program; and
WHEREAS, the Department released a request for eligible jurisdictions to apply for funding with a Notice of Intent (NOI); and
WHEREAS, the City submitted a NOI requesting funding in an amount totaling $12,100,000 to carry out projects including Centimudi Water Storage Tank ($5,100,000), and Lake Boulevard Water Line ($7,000,000); and
WHEREAS, the City was awarded $6,326,184.69 for recovery and infrastructure projects in accordance with eligible uses; and
WHEREAS, the grant agreement was received after the FY2022/2023 budget; and WHEREAS, these projects are funded from the following program funds:
18DRINFRA (Centimudi Water Tank and Lake Blvd Water Line) Expenditure Account: xxx-xxx-xxxx - $6,326,184.69
Revenue Account: xxx-xxx-xxxx - $6,326,184.69
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 $6,326,184.69 PASSED, APPROVED, AND ADOPTED this 4th day of October 2022 by the following vote.
AYES:
NOES:
ABSENT:
_____________________________________
RICK KERN, Mayor
ATTEST:
___________________________________
TONI M. COATES, CMC, City Clerk
66 Report and Recommendations 7
Reviewed and Approved
City Manager
AGENDA ITEM
City Council Meeting
TO: Jessaca Lugo, City Manager
FROM: Whitney Zeller, Community and Economic Development Manager DATE: October 4, 2022
SUBJECT: Resolution approving a supplemental appropriation for the Community Development Block Grant Coronavirus Response Tranches 2 & 3 (CDBG-CV2-3) Tribal Set-Aside Program
FILE NO.: New
RECOMMENDATION:
Staff recommends the City Council approve a supplemental budget appropriation in the amount of $200,000 (Food Bank), $200,000 (Youth Programs), $200,000 (Elder’s Nutrition), and $100,000 (Rapid COVID Testing) for the 2020 CDBG-CV2-3 Tribal Set-Aside Program.
BACKGROUND:
The City, in partnership with the Wintu Tribe, was awarded a total of $700,000 in CDBG-CV2-3 Tribal Set-Aside grant funds by the State of California Department of Housing and Community Development (HCD). The intent of this program is to ensure all eligible persons receive equitable access to services, and are served with dignity, respect, and compassion, regardless of circumstances, ability, or identity.
The Tribal set-asides are intended to support federally recognized and non-federally recognized Native American Tribes in addressing housing and community development needs related to COVID-19. The City applied for funding in March 2021, and the funding award was received after the adoption of the FY2023 budget.
Each program is executed through a Standard Agreement with HCD and details the following:
20-CDBG-CV-TRIB-00004 (Elder Nutrition Program) – maximum agreement amount ($200,000) 20-CDBG-CV-TRIB-00006 (Food Pantry) – maximum agreement amount ($200,000) 20-CDBG-CV-TRIB-00008 (Youth Support Program) – maximum agreement amount ($200,000) 20-CDBG-CV-TRIB-00010 (Rapid COVID Testing) – maximum agreement amount ($100,000) The City will execute a MOU with the Wintu Tribe to facilitate the four outlined programs and will distribute funds from HCD to the Tribe. Programs will be executed within 36 months from the effective contract date.
67 FISCAL IMPACTS:
Supplemental Appropriation – Not to exceed $700,000
These programs are 100% Grant Funded
ATTACHMENTS:
Resolution CC-2022-XX
DISTRIBUTION:
City Council & Finance Department
68 RESOLUTION CC-2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE APPROVING A SUPPLEMENTAL APPROPRIATION OF $700,000 FOR THE STATE OF CALIFORNIA PERMANENT LOCAL HOUSING ALLOCATION (PLHA) GRANT NO. 21-PLHA-17156 WHEREAS, the California Department of Housing and Community Development ("Department") is authorized to provide up to $77.1 million under the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law March 27, 2020; and
WHEREAS, the CDBG-CV2-3 funding included a 1.25 percent set-aside for Non-federally recognized tribes; and
WHEREAS, the City submitted four applications requesting funding in an amount totaling $700,000 to carry out programs including Elder Nutrition ($200,000), Food Pantry ($200,000), Youth Support ($200,000), and Rapid COVID Testing ($100,000); and
WHEREAS, the grant agreements no. 20-CDBG-CV-TRIB-00004, 20-CDBG-CV-00006, 20-CDBG-CV00008, 20-CDBG-CV-TRIB-00010 were received after the FY2022/2023 budget; and WHEREAS, these projects are funded from the following program funds:
20-CDBG-CV-TRIB-00004 (Elder Nutrition Program)
Expenditure Account: xxx-xxx-xxxx - $200,000
Revenue Account: xxx-xxx-xxxx - $200,000
20-CDBG-CV-TRIB-00006 (Food Pantry)
Expenditure Account: xxx-xxx-xxxx - $200,000
Revenue Account: xxx-xxx-xxxx - $200,000
20-CDBG-CV-TRIB-00008 (Youth Support Program)
Expenditure Account: xxx-xxx-xxxx - $200,000
Revenue Account: xxx-xxx-xxxx - $200,000
20-CDBG-CV-TRIB-00010 (Rapid COVID Testing)
Expenditure Account: xxx-xxx-xxxx - $100,000
Revenue Account: xxx-xxx-xxxx - $100,000
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 $700,000.00 PASSED, APPROVED, AND ADOPTED this 4th day of October 2022 by the following vote.
AYES:
NOES:
ABSENT:
_______________________________________
RICK KERN, Mayor
ATTEST:
___________________________________
TONI M. COATES, CMC, City Clerk
69 Report and Recommendations 8
Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Will Bond, City Engineer / Public Works Director
DATE: October 4, 2022
SUBJECT: Construction Contract Award
Pine Flat Street Water Main Replacement Project – Bid No. 2022-14 FILE NO.: New
RECOMMENDATION:
Staff requests that the City Council consider a supplemental budget appropriation in the amount of $100,000.00 for the Pine Flat Street Water Main Replacement project and award to the project to Iron Mountain General Engineering Inc. of Redding, CA in the amount of $87,644.00 and approve a total of $100,000.00 to allow for a contract contingency.
BACKGROUND:
The Pine Flat Street Water Main Replacement project is being constructed due to multiple leaks in the existing 2-inch water line. Public Works has fixed several leaks on the existing water line in the past few months.
Five (5) bids were received on September 29, 2022. All five bids were deemed to be responsive.
The bids ranged from a low responsive bid of $87,644.00 to a high responsive bid of $135,165.00.
The lowest responsive bid was about 12% higher than the Engineer’s Estimate of $78,315.00 and the highest responsive bid was about 73% higher than the Engineer’s Estimate. A Bid Summary is attached.
FISCAL IMPACTS:
This project will be funded through currently budgeted water utility funds (510-340), and the supplemental budget appropriation will be funded from Water Utility capital project reserves.
ATTACHMENTS:
Resolution, Bid Summary
70 DISTRIBUTION:
City Council
PROJECT LOCTION MAP:
71 RESOLUTION CC 2022-xx
________________________________________________________________________________
A RESOLUTION OF THE CITY OF SHASTA LAKE CITY COUNCIL TO DECLARE IRON MOUNTAIN GENERAL ENGINEERING INC. THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $87,644.00 TO IRON MOUNTAIN GENERAL ENGINEERING INC. FOR THE CONSTRUCTION OF THE PINE FLAT
STREET WATER MAIN REPLACEMENT PROJECT, AND APPROVE TOTAL EXPENDITURE FOR CONSTRUCTION NOT TO EXCEED $100,000.00
________________________________________________________________________________ WHEREAS, The City advertised for competitive bids to construct the above project starting on August 29, 2022; and
WHEREAS, The City opened five competitive bids on September 29, 2022; and WHEREAS, the lowest responsive, responsible bidder was Iron Mountain General Engineering Inc. of Redding, CA with a bid of $87,644.00; and
WHEREAS, in addition to the construction contract funds, contingency funds need to be allocated, creating a construction budget of $100,000.00
NOW, THEREFORE, BE IT RESOLVED THAT the City of Shasta Lake City Council hereby:
Declares Iron Mountain General Engineering Inc. of Redding, CA the low responsive, responsible bidder, awards a construction contract in the amount of $87,644.00 to Iron Mountain General Engineering Inc. of Redding, CA for the construction of the Pine Flat Street Water Main Replacement Project, and approves a total expenditure for construction not to exceed $100,000.00.
PASSED, APPROVED, AND ADOPTED this 4th day of October 2022, by the following vote:
AYES:
NOES:
ABSENT:
RICK KERN, MAYOR
ATTEST:
TONI M. COATES, CMC
City Clerk
72 Engineer's Estimate Iron Mountain
License No. 705922 License No. 613824
DIR No. 1000005532 DIR No. 1000002327
Item # Description Est. Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Traffic Control 1 LS $8,000.00 $8,000.00 $3,000.00 $3,000.00 $1,827.00 $1,827.00 2 Erosion and Sediment Control 1 LS $2,000.00 $2,000.00 $2,000.00 $2,000.00 $900.00 $900.00 3 Trench Sheeting, Shoring and Bracing 1 LS $2,500.00 $2,500.00 $500.00 $500.00 $783.00 $783.00 4 Temporary Water Service Connections 1 LS $5,000.00 $5,000.00 $3,000.00 $3,000.00 $3,494.00 $3,494.00 5 Remove (E) 2" and Install (N) 6" PVC C900 Water Main
(DR18) 171 LF $125.00 $21,375.00 $168.00 $28,728.00 $169.87 $29,047.77 6 Install (N) 6" PVC C900 Water Main (DR18) 162 LF $120.00 $19,440.00 $168.00 $27,216.00 $184.59 $29,903.58 7 Install (N) 1" Water Service 2 EA $0.00 $0.00 $3,000.00 $6,000.00 $4,361.00 $8,722.00 8 Install (N) Valve Assembly at Pine Flat Street and Olive Street 1 LS $15,000.00 $15,000.00 $13,000.00 $13,000.00 $12,772.00 $12,772.00 9 Remove (E) 2" Valve Assembly and Replace with (N) 6"
PVC C900 Water Main (DR18) 1 LS $5,000.00 $5,000.00 $4,200.00 $4,200.00 $3,259.65 $3,259.65 Total: $78,315.00 $87,644.00 $90,709.00
Subcontractor(s):
M5 Excavation
License No. 405734 License No. 575300 License No. 1050105 DIR No. 1000869069 DIR No. 1000000652 DIR No. 1000064112 Item # Description Est. Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Traffic Control 1 LS $1,500.00 $1,500.00 $10,000.00 $10,000.00 $14,000.00 $14,000.00 2 Erosion and Sediment Control 1 LS $1,000.00 $1,000.00 $3,000.00 $3,000.00 $6,500.00 $6,500.00 3 Trench Sheeting, Shoring and Bracing 1 LS $2,500.00 $2,500.00 $3,000.00 $3,000.00 $5,500.00 $5,500.00 4 Temporary Water Service Connections 1 LS $1,500.00 $1,500.00 $5,500.00 $5,500.00 $7,000.00 $7,000.00 5 Remove (E) 2" and Install (N) 6" PVC C900 Water Main
(DR18) 171 LF $181.19 $30,983.49 $191.00 $32,661.00 $215.00 $36,765.00 6 Install (N) 6" PVC C900 Water Main (DR18) 162 LF $172.59 $27,959.58 $176.00 $28,512.00 $200.00 $32,400.00 7 Install (N) 1" Water Service 2 EA $5,387.00 $10,774.00 $5,509.00 $11,018.00 $4,000.00 $8,000.00 8 Install (N) Valve Assembly at Pine Flat Street and Olive Street 1 LS $16,214.00 $16,214.00 $11,819.00 $11,819.00 $17,000.00 $17,000.00 9 Remove (E) 2" Valve Assembly and Replace with (N) 6"
PVC C900 Water Main (DR18) 1 LS $9,184.00 $9,184.00 $5,023.00 $5,023.00 $8,000.00 $8,000.00 Total: $101,615.07 $110,533.00 $135,165.00
Subcontractor(s):
TRC
Axner Excavating
Pine Flat St. Water Main Replacement
Bid No. 2022-14
Bid Opening Date: September 29, 2022
Eddie Axner Construction
73 Report and Recommendations 9
Reviewed and Approved
City Manager
AGENDA ITEM
City Council Meeting
TO: Jessaca Lugo, City Manager
FROM: Shad Boone, Animal Control Supervisor
DATE: October 4, 2022
SUBJECT: FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE AMENDING SLMC TITLE 6 – ANIMALS FILE NO.: A-090-028-575
RECOMMENDATION:
Staff recommends the City Council receive public input regarding amendment of an ordinance for Shasta Lake Municipal Code (SLMC) Title 6 - Animals. Once public comments have been addressed, staff recommends approval of the first reading by short title.
BACKGROUND:
Laws pertaining to animals within the City of Shasta Lake have not been reviewed or amended since 2003. To remain current with state laws, I recommend the following amendments be reviewed and accepted by City Council to update the City of Shasta Lake Animal Control municipal code sections.
The following amendments are submitted by staff to City Council for approval:
1) Amending definition 6.04.010 to have identifying standards; and 2) Amending enforcement 6.04.030 to administrative or municipal citation to better aid the residents of the city; and
3) Amending general care 6.08.010 to reflect Health and Safety Code 122335 (4)(b), Penal Code 597.1(f) and Penal Code 597(b).
74 Health and Safety Code: 122335.
(a) For purposes of this chapter, the following terms shall have the following definitions:
(4) “Reasonable period” means a period of time not to exceed three hours in a 24-hour period, or a time that is otherwise approved by animal control. (b) No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a doghouse, tree, fence, or any other stationary object
Penal Code: 597
(b) Except as otherwise provided in subdivision (a) or (c), every person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor, is, for each offense, guilty of a crime punishable pursuant to subdivision (d).
Penal Code: 597.1.
(f) Whenever an officer authorized under this section seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, before the commencement of any criminal proceedings authorized by this section, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a post seizure hearing to determine the validity of the seizure or impoundment, or both. 4) Amending cleanliness of premises 6.08.030 to hold accountable by allowing any owned or possessed animal to venture onto the property of another without consent to produce waste; and
5) Amending nuisances designated 6.08.050 (D) as to define a public nuisance by barking dog rather it be observed by the public or by an officer. 6) Amending dog leash law 6.08.070 to include subsection c. for the city’s dog park; and 7) Amending Sale or other disposition of impounded animals 6.08.110 to include verbiage for clarification and reflect food and agricultural code for holding periods.
Food and Agriculture code: 31108
(a) (1) The required holding period for a stray dog impounded pursuant to this division shall be six business days, not including the day of impoundment, except as follows:
75 (A) If the public or private shelter has made the dog available for owner redemption on one weekday evening until at least 7 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment. (B) If the public or private shelter has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their dogs by appointment at a mutually agreeable time when the public or private shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment.
Food and Agriculture Code: 31754.
(a) Except as provided in Section 17006, any animal relinquished by the purported owner that is of a species impounded by public or private shelters shall be held for the same holding periods, with the same requirements of care, applicable to stray dogs and cats in Sections 31108 and 31752 and shall be available for owner redemption or adoption for the entire holding period.
8) Amending abandonment of dog or cat 6.08.120 to ensure health and safety of the communities’ animals. Prohibiting T.N.R (Trap Neuter and Release) as it resembles in close proximity to penal code 597.s and conflicts with definition “Cattery”. Subsection (b) was added as an infraction rather than the misdemeanor of the states penal code. 597s.
(a) Every person who willfully abandons any animal is guilty of a misdemeanor. 9) Amending 6.08.130 - Injured or diseased animals to include the ability of an owner or possessor of owned or possessed animal(s) the opportunity to correct as provided in penal code 597.1 (h) by payment of care to the city or by the owner and or possessor. 597.1 (h)
(h) If any animal is properly seized under this section or pursuant to a search warrant, the owner or keeper shall be personally liable to the seizing agency for the cost of the seizure and care of the animal. Further, if the charges for the seizure or impoundment and any other charges permitted under this section are not paid within 14 days of the seizure, or if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this section and take possession of the animal, the animal shall be deemed to have been abandoned and may be humanely euthanized or otherwise properly disposed of by the seizing agency.
10) Amending Recordkeeping. 6.08.200 as provided in Food and Agricultural code 32003 records of animals seized shall be maintained by the department for a period of three years.
Food and Agricultural code: 32003
76 All public and private animal shelters shall keep accurate records on each animal taken up, medically treated, or impounded. The records shall include all of the following information and any other information required by the California Veterinary Medical Board:
(a) The date the animal was taken up, medically treated, euthanized, or impounded.
(b) The circumstances under which the animal was taken up, medically treated, euthanized, or impounded.
(c) The names of the personnel who took up, medically treated, euthanized, or impounded the animal.
(d) A description of any medical treatment provided to the animal and the name of the veterinarian of record.
(e) The final disposition of the animal, including the name of the person who euthanized the animal or the name and address of the adopting party. These records shall be maintained for three years after the date on which the animal’s impoundment ends.
11) Amending Selling giving away or auctioning animals 6.12.020 include subsection (c) As provided in penal code 597.4 (e)
Penal code 597.4 (e)
This section shall not apply to the following:
(1) Events held by 4-H Clubs, Junior Farmers Clubs, or Future Farmers Clubs.
(2) The California Exposition and State Fair, district agricultural association fairs, or county fairs.
(3) Stockyards with respect to which the Secretary of the United States Department of Agriculture has posted notice that the stockyards are regulated by the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181 et seq.).
(4) The sale of cattle on consignment at any public cattle sales market, the sale of sheep on consignment at any public sheep sales market, the sale of swine on consignment at any public swine sales market, the sale of goats on consignment at any public goat sales market, and the sale of equines on consignment at any public equine sales market.
(5) Live animal markets regulated under Section 597.3.
(6) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group regulated under Division 14 (commencing with Section 30501) of the Food and Agricultural Code. For purposes of this section, “rescue group” is a not77 for-profit entity whose primary purpose is the placement of dogs, cats, or other animals that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter, or that have been surrendered or relinquished to the entity by the previous owner.
12) Amending cattery and kennel licenses 6.12.030 to redact catteries from licensing requirements and detailed licensing requirements.
13) Amending Physical requirements—Catteries and kennels 6.12.040 from all residential zoned areas and to conduct the initial applicant process with the animal control supervisor for review to ensure no violation as provided in penal code 597.9 (a) and (b). Upon complete review, applicants will be forwarded to the building and planning department for further review under building and planning requirements. 597.9.
(a) Except as provided in subdivision (c) or (d), a person who has been convicted of a misdemeanor violation of Section 286.5, subdivision (a) or (b) of Section 597, or Section 597a, 597b, 597h, 597j, 597s, or 597.1, and who, within five years after the conviction, owns, possesses, maintains, has custody of, resides with, or cares for any animal is guilty of a public offense, punishable by a fine of one thousand dollars ($1,000).
(b) Except as provided in subdivision (c) or (d), a person who has been convicted of a felony violation of subdivision (a) or (b) of Section 597, or Section 597b or 597.5, and who, within 10 years after the conviction, owns, possesses, maintains, has custody of, resides with, or cares for any animal is guilty of a public offense, punishable by a fine of one thousand dollars ($1,000).
Please note, upon adoption of this ordinance change, staff will be updating zoning Title 17 to remove references to kennel and catteries for Urban Residential and Suburban Residential.
This change will occur when staff completes the comprehensive development code update as part of the general plan update.
FISCAL IMPACTS:
No Fiscal Impacts
ATTACHMENTS:
ORDINANCE 2022-XX
DISTRIBUTION:
City Council
City Attorney
78 ORDINANCE NO. CC-2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE APPROVING MUNICIPAL CODE AMENDMENTS TO TITLE 6-ANIMALS
WHEREAS, the City Council of the City of Shasta Lake finds that existing provisions regarding the enforcement and regulations of animals within the incorporated boundaries of the City would benefit from amendments and clarification thereof to Title 6-Animals; WHEREAS, the City Council of the City of Shasta Lake have duly considered the matter and, recognize the City’s continuing interest in promoting the health, safety and welfare of the citizens of Shasta Lake; and
WHEREAS, the City Council of the City of Shasta Lake, find that changes in the current animal control ordinance should be enacted, and failure to do so will negatively affect the City’s legitimate interest in fostering a safe environment for animals and citizens; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SHASTA LAKE, in council convened, that TITLE 6 - ANIMALS, is hereby amended, deleted and replaced with the following:
SEE EXHIBIT “A” ATTACHED
PASSED, ADOPTED AND APPROVED by vote of the Council of the CITY OF SHASTA LAKE, Shasta County, California, this day of October, 2022.
AYES:
NOES:
ABSENT:
CITY OF SHASTA LAKE
_________________________________
RICK KERN, Mayor
ATTEST:
_____________________________
TONI M. COATES, CMC, City Clerk
79 EXHIBIT “A”
Title 6
ANIMALS
Chapter 6.04 GENERAL PROVISIONS
6.04.010 Definitions.
1. For the purpose of this title the following definitions apply:
a) "Animal" means any living creature, except humans.
b) "Animal at large" means any animal that is willfully or negligently permitted to run off of the property of the owner or possessor.
c) "Animal control" means the animal control unit of the city. d) "Animal control officer" may be used interchangeably with "office" and means the individual appointed by the city manager to enforce the provisions of this Title. e) "Cattery" means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, on or off privately owned property, whether or not for compensation, but not including a pet shop. An adult cat is one of either sex, altered or unaltered, that has reached the age of six months.
f) "Fee" means a fee, rate or charge set by the city council. g) "Health department" means the county health department. h) "Health officer" means the county health officer or his or her designee. i) "Kennel" means any premises upon which four or more dogs over four months old are kept for any purpose, except a veterinary hospital operated by a veterinarian or an animal shelter operated by a governmental agency.
j) "Kennel operator" means a person who owns or operates a kennel. k) "Person" means an individual, corporation, partnership or association. l) "Possessor" means a person possessing an animal.
m) "Officer" means animal control officer.
n) "Person" means an individual, corporation, partnership or association. o) "Stray animal" means an animal which is permitted by the owner or possessor, whether through negligence or willfulness, to run at large within the city upon any highway, street, lane, alley, court, or any other public place, or upon any private property or premises other than those of the person owning or having charge of the animal.
6.04.020 Administration.
A. The animal control officer shall be appointed and supervised by the city manager and shall be responsible for enforcing the provisions of this title and (a) with the assistance of designees, issue citations for violations of this title.
B. The officer shall:
80 1. Exercise direct line supervision over the animal control officers, keep such records as may be required by the city manager or his or her designee, and make duty assignments;
2. Cooperate with the Department of Fish and Game trappers regarding predatory animals and other problems related to animal control.
3. Make referrals to the sheriff or the sheriff's designee of general law violations and of major crimes involving animals.
C. Each officer shall receive initial and recurrent training which will enable him or her to carry out the duties prescribed by this chapter.
D. Animal control officers are public officers, and not peace officers.
6.04.030 Enforcement.
A. The owner or possessor of any animal which is a nuisance, or which is not vaccinated or not licensed shall be issued a citation to appear in administrative or municipal or justice court to determine whether the condition, treatment or confinement of the animal or other circumstances constituting the violation have changed so as to eliminate the nuisance or violation. The administrative hearing officer or court may make any order it deems appropriate to prevent reoccurrence of the nuisance or violation, including the destruction of the animal or the removal of the animal from the premises.
B. Administrative hearings required by this chapter shall be conducted by a hearing officer selected by the city manager and the city attorney. The hearing officer will be an individual who is not a city employee nor having any interest or involvement in animal regulation actions for the city. The hearing officer will have had prior experience in the conducting of administrative hearings. Hearings shall be conducted in an informal manner consistent with due process of law. The owner or possessor of the animal and the department may present relevant evidence and call and cross-examine witnesses, but the strict rules of evidence shall not apply. The hearing officer shall render a brief written decision within ten days following the hearing. The failure to conduct a hearing required by this title shall have no bearing on any criminal prosecution for violation of any provision of this title.
Chapter 6.08 ANIMAL REGULATIONS GENERALLY
6.08.010 General care of animals.
A. The owner or possessor of any animal must provide adequate housing inside the owner's residence, or a run, fenced yard, or a chain not less than six feet in length and not to exceed three hours in a 24-hour period, shelter from the elements, and daily fresh food and water.
B. If it is determined by animal control that any animal suffering from abuse or neglect and the owner of the animal does not take immediate action to remedy the situation, animal control shall advise the owner or possessor of the animal of penal code 597.1 (f).
Officers shall attempt to correct or remedy the violation before taking immediate possession of the animal and personally delivering a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours. may take immediate possession of the animal and hold the animal in protective custody until the officer is assured the animal will be properly provided for by the owner. Any fees or charges incurred during the protective custody period including any veterinary charges will be the responsibility of the owner of the animal.
81 6.08.020 Keeping of animals.
A. No person shall keep any animal, fowl or bird, wild or domestic, other than cats, dogs, canaries or birds of the psittacinae family, within thirty-five (35) feet of any residence or dwelling house or other building used for the habitation of human beings or within one hundred (100) feet from any school, hospital or similar institution.
B. No such animal or fowl shall be kept or maintained in any yard, coop or building which is in a foul or unsanitary condition.
6.08.30 Cleanliness of premises.
A. Every person owning or occupying premises where any animal is kept shall keep the premises in a clean and sanitary condition and free of animal urine and fecal matter.
B. Every person owning, harboring, or possessing any animal shall not allow such animal to enter onto the land or property of another to defecate.
6.08.040 Animal restraints.
A. No person driving a motor vehicle shall transport any animal in the back of the vehicle in a space intended for any load on the vehicle on a highway unless the space is enclosed or has side and tail racks to a height of at least forty-six (46) inches extending vertically from the floor, the vehicle has installed means of preventing the animal from being discharged, or the animal is cross tethered to the vehicle, or is protected by a secured container or cage, in a manner which will prevent the animal from being thrown, falling, or jumping from the vehicle.
B. This section does not apply to any of the following:
1. The transportation of livestock.
2. The transportation of a dog on a public road required for transport between different portions of the owner's property for purposes associated with ranching or farming.
6.08.050 Nuisances designated.
A. Dangerous Animals.
1. Presumption of Dangerousness. A dangerous animal is a nuisance. Any animal except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior is rebuttably presumed dangerous:
a. An attack which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself or herself peacefully and lawfully;
b. An attack that results in an injury to a person in a place where such person is conducting himself or herself peacefully and lawfully;
c. Any behavior that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself or herself peacefully and lawfully; d. An attack on another animal or livestock which occurs off the property of the owner of the attacking animal.
For the purposes of this section, a person is peacefully and lawfully upon the private property of an owner or possessor of the animal when he is on such property in the performance of any duty imposed upon him by the laws of the state or any city, or by the 82 laws or postal regulations of the United States, or when he or she is on such property upon invitation, expressed or implied.
2. Finding of Dangerousness. After notice and hearing upon charges following the procedure expressed in Section 6.04.030B, the animal control officer may declare that an animal is dangerous.
3. Dangerous Animal At Large. Any dangerous animal found at large shall be impounded.
Any dangerous animal found at large within twelve (12) months after having been declared a dangerous animal, may be humanely destroyed after notice and hearing upon charges following the procedure expressed in Section 6.04.030B.
4. Impoundment Pending Hearings. Any animal subject to dangerous animal proceedings may be impounded at the discretion of the supervisor pending notice, hearings and determinations hereunder and until any required permit is obtained. The animal's owner shall be charged for all costs incurred or fees applicable with respect to such impoundment unless a finding is made that the animal is not dangerous.
5. Other Proceedings. Nothing in this chapter shall limit the right of any person or officer to take any proceedings against a dangerous animal or the owner thereof otherwise permitted or provided by law.
6. Expiration of Dangerous Animal Designation. Any animal designated as dangerous according to Section 6.04.030B will be monitored by animal control for thirty-six (36) months following the finding of being dangerous. If the owner of the animal complies with the dangerous animal conditions for the thirty-six (36) months, the city manager or his or her designees may remove the dangerous animal designation.
B. Unrestrained Dog on School Grounds. No owner or possessor of any dog shall permit it to enter upon the grounds of any school, unless the dog is secured by a leash or is under the control of its possessor or is securely fastened to some permanent fixture. An unrestrained dog which enters upon school grounds is a nuisance.
C. Strays. No owner or possessor of any animal shall permit it to stray from the premises where such animal is kept. It is unlawful for the owner or possessor to permit such animal to enter upon the land of another without the permission of the owner or possessor of such land. Any such animal is a nuisance. This subsection does not apply to livestock on the open range or to domestic cats.
D. Animals Which Disturb the Peace. The keeping of any animal which by habitually howling, barking or other noise, disturbs the peace and quiet of the neighborhood is unlawful, and any such animal is a nuisance.
1. Reported of suspected nuisance or observed by an animal control officer.
2. The written affirmation by two persons, not related and having separate residences, stating that their peace and quiet is unreasonably disturbed by the animal shall be prima facie evidence of a violation of this subsection. This subsection does not apply to reasonable noises emanating from legally operated hospitals, humane societies, kennels, farms or agricultural facilities.
E. Strays Which Damage Property. No owner or possessor of any animal shall permit it to trespass on public or private property so as to damage or destroy any property or thing of value. Such an animal is declared a nuisance. This subsection extends to trespass on the open range if the public health or welfare is endangered. 83 6.08.060 Nuisance abatement.
If animal control finds a nuisance to exist, or if it determines that a dog is not vaccinated or licensed, it shall issue a citation to the owner or possessor of the animal, in accordance with Section 6.04.030A.
(Ord. 03-153 § 1 (part))
6.08.070 Dog leash law.
A. No owner or possessor of any dog shall cause or permit the dog to run at large in any area of the city pursuant to this section. For the purpose of this section, "running at large" means the presence of a dog at any place except upon the premises of the dog's owner or possessor. However, a dog shall not be considered to be running at large if it is on a leash.
B. Every dog running at large is a nuisance.
C. Dogs found within a dog park with an owner or possessor while off leash is not considered running at large. Dogs found within a designated dog park are exempt from these provisions
6.08.080 Capture of animals at large.
Animal control officers shall attempt to capture any animal found at large in violation of this code. The officer shall not seize or impound any stray animal that has strayed from but returned to the property of its owner or possessor, but in such a case a citation may be issued pursuant to Section 6.04.030A. However, if the owner or possessor cannot safely secure the animal upon the premises, the animal may be impounded. The officer shall post a notice of impoundment at the residence or place of business of the owner or possessor of the animal, if known. The notice shall instruct the owner or possessor on how to retrieve the animal, shall indicate the ultimate disposition of the animal if no action to regain it is taken within a specified period of time, and shall advise the owner or possessor that he or she may, within twenty-four (24) hours of receipt of notice, request a hearing before the city manager or his designee for the purpose of showing lack of reasonable cause for the seizure.
6.08.090 Impoundment.
Animal control may impound any animal found or kept in violation of the provisions of this title, or found to be a public nuisance or determined to be injured or diseased. Owners of dogs or cats may voluntarily impound their animals with animal control and shall pay a fee for such impounding. The owner of any impounded animal is liable for the cost of the impoundment whether or not the owner redeems the animal.
6.08.100 Transportation costs.
Animal control shall collect any special transportation costs for impounded animals in addition to the impoundment fee.
6.08.110 Sale or other disposition of impounded animals.
A. All impounded animals shall be kept in the animal facility for a period of four business days not including the day of impoundment unless redeemed earlier. The time during which an 84 animal has been held by another governmental entity shall be included in the determination of four business days not including the day of impoundment.
B. Unless an impounded dog is redeemed by the owner or possessor within the time specified above, the animal control officer may dispose of the animal. If the identity of the owner or possessor of the animal is known, oral or written notice of the animal's impoundment and the date of intended disposal shall be given at least five days before disposal. Any time during which the animal was held by another governmental entity shall be included in determining the five-day period.
C. The owner or possessor of an impounded animal may redeem the animal within the time specified above by payment of a redemption fee. Owner or possessor shall provide proof of current licensing and or vaccination record of impounded animal(s) upon the redemption process or a correctable citation to show proof of correction shall be issued. A license shall also be purchased prior to redemption of any unlicensed impounded dog. The owner or possessor shall, within ten (10) days of redemption, provide proof of current vaccination to animal control.
D. Animals Relinquished by the purported owner shall be held for four business days not including the day of impoundment. The time during which an animal has been held by another governmental entity shall be included. Animals relinquished by their owners may be destroyed or transferred to a new owner without regard to any prescribed holding time and without notice to the former owners.
6.08.120 Abandonment of dog or cat.
A. It shall be unlawful to willfully abandon any an owned or possessed domestic dog or cat.
B. Trap Neuter Release (T.N.R.) is prohibited within the City of Shasta Lake.
6.08.130 Injured or diseased animals.
No person shall knowingly possess any animal that is seriously injured or afflicted with mange, ringworm, distemper or any other contagious disease, unless in the opinion of the animal control officer or a veterinarian, the animal is being given adequate treatment for such condition.
A. Animal control officers may take immediate possession of any animal not being treated providing the requirements under penal code 597.1 (f) have been met.
B. or which is not responding to treatment, and dispose of the animal Unless the owner or possessor immediately places the animal under the control or treatment of a veterinarian and notifies the animal control officer in writing or in person of the veterinarian to provide services along with a date and time of service.
6.08.140 Animal owner responsibilities.
City Policy. It is the policy of the city to determine the degree of injury to the animal and the extent of suffering and pain. The animal control officer will examine and identify any obvious injuries that are survivable with reasonable care. Once this examination has taken place, the officer will make every effort to determine the ownership of animal. The animal owner will be responsible for all bills incurred from the time discovered until discharge or authorization of the animal by the veterinarian. In the event that ownership can't be determined, the city will stabilize the animal to the degree that can be performed with minimal veterinarian care. Injured animals 85 with no known ownership and significant injuries requiring more than initial life stabilization treatment will be euthanized.
A. It shall be the duty of the animal control officer to convey all injured cats and dogs found without their owners in a public place directly to a veterinarian for a determination of whether the animal shall be immediately euthanized or hospitalized for further treatment.
Animal control will determine ownership based upon city licensing records. If the animal does not require veterinary care in the opinion of the veterinarian, the animal shall be impounded. In the event ownership cannot be determined or in the veterinarians' opinion the animal will require more than life stabilizing veterinary care, the animal will be euthanized.
B. If the owner does not redeem the animal within the five-working-day waiting period, euthanasia may be performed on the animal; or, if the animal is treated and recovers from its injuries, an animal control officer may keep the animal for purposes of adoption.
C. If the veterinarian determines that minimal life stabilizing emergency treatment and hospitalization, the costs of any services which are provided are the responsibility of the owner. In the event the owner cannot be located, minimum treatment will be provided and shall be paid by the city. Payment for services rendered by the veterinarian is the responsibility of the animal owner.
6.08.150 Rabies vaccinations.
A. Responsibility of Administrative Services Manager. The assistant to the city manager and animal control officer shall supervise rabies control. If the health officer finds that rabies exists in this city, he or she shall take measures to abate the condition which may include the quarantine of any animal. The animal control supervisor shall cooperate with and assist the health officer in carrying out any measures necessary for rabies control, including but not limited to the holding of rabies clinics.
B. Duties of Owner or Possessor. An owner or possessor of any dog over four months old, or one who brings a dog more than four months old into the city, shall, within four months of the dog's birth or ten days of its entry into the city, whichever is later, procure and maintain the dog's vaccination for rabies. The veterinarian who vaccinates the dog shall issue a vaccination certificate to its owner or possessor, in accordance with procedures established by the health officer.
C. Exemption. A dog is exempt from vaccination if a veterinarian has examined the dog and certified in writing that at such time vaccination would endanger the dog's health, due to illness or advanced age. Rabies vaccination must be obtained within thirty (30) days of the dog's recovery from the illness.
D. Rabies Reports. Rabies is declared to be a reportable disease. Every veterinarian practicing in this city who suspects that an animal is rabid and every person providing professional medical treatment for animal bite by an animal of a species subject to rabies shall immediately notify the health department. Every veterinarian practicing in this city shall provide the supervisor with a copy of every rabies immunization certificate which he/she issues, within thirty (30) days of issuance.
6.08.160 Animals suspected of rabies—Costs.
The owner or possessor of any animal which is confined, isolated, examined or destroyed as a result of being rabid, suspected rabid or a biting animal is liable for the costs of such confinement, isolation, examination or destruction, whether or not the animal is returned to the owner or possessor.
86 6.08.170 Destruction of aged or diseased animals.
All animals taken into custody of animal control which by reason of age, disease, or other cause, are unfit for further use or dangerous to keep impounded, shall be destroyed by arrangement of an animal control officer four business days after impounding. Oral or written notice shall be given to the owner, if known, prior to destroying the animal. The owner may request a hearing prior to destruction of the animal. The request shall be in writing and applicant shall agree therein to pay the cost of care and maintenance of the animal pending the hearing.
Decisions of the hearing officer are final. Seriously ill or injured animals may be destroyed without regard to the prescribed holding period and without notice to the owner, to alleviate suffering or to protect other animals or persons from contagious diseases.
6.08.180 Removal of animal carcasses.
A. Where public health or safety is endangered, the animal control officer shall remove or arrange for removal of carcasses of dogs or cats and other animals.
B. The cost of removal and disposal shall be the responsibility of the owner, if known.
C. Animal control shall arrange for the removal and disposal of stray canine and feline carcasses found in or on city maintained roadways.
6.08.190 Burial of animals.
Every person who knowingly fails to properly dispose of the carcass of any animal which belonged to that person at the time of the animal's death, and who allows the carcass to remain within city limits, shall be guilty of an infraction.
A. No person shall bury the carcass of any domestic or livestock animal in such a manner that there is less than three feet of soil above the carcass. This does not apply to biohazardous waste.
B. It shall be the duty of the owner or person having custody of a deceased animal suspected of having rabies to surrender the carcass of such animal, or such portion of the carcass as may be demanded, to the health officer after the death of the animal.
6.08.200 Recordkeeping.
Animal control shall keep a record of all animals taken into custody which shall show the date of impoundment and the date and manner of disposition, these records shall be maintained for a period of three years after the date of the animals’ disposition. Records shall also be kept of the identity of owners of licensed dogs.
Chapter 6.12 DOGS AND CATS
6.12.010 Mandatory spay and neutering.
No person shall own or harbor any dog over the age of six months within the city that has not been spayed or neutered unless:
1. The person holds an unaltered animal license for the animal pursuant to this title; or
2. The animal(s) are registered as working guide dog, service dog or police dog, thereby exempted from the provisions of this section.
87 6.12.011 License requirements.
No person shall harbor, keep or maintain within the city any dog four months or older which does not have a current license.
A. License Issuance. Pet licenses shall be issued by the city and/or the animal control authority. License fees are made payable to the city according to the schedule approved by resolution of the city council.
B. No person shall own or possess more than four dogs in any household unless it is a kennel or a licensed veterinarian.
C. No person shall own or possess any dog over four months old unless the dog has been licensed and vaccinated as required by this title. If ownership of a licensed dog changes, the new owner shall obtain a transfer license within thirty (30) days of obtaining the dog.
When an unlicensed dog is brought into the city, the owner or possessor shall obtain a license for the dog within ten days.
D. The animal control officer may require any person owning, possessing, harboring or controlling any animal for which a license or permit is required under this chapter to produce any required license or certificate of rabies vaccination for inspection. Any person who fails to produce a required license or certificate of rabies vaccination for inspection by the animal control supervisor after a demand for inspection, is in violation of this section.
A.12.20Selling, giving away or auctioning animals.
A. No person shall sell or give away, auction off or raffle any unaltered dogs and or cats in any public places. or to auction off or raffle unaltered dogs and cats as prizes or gifts
B. No person in the city shall publish or advertise to city residents the availability of any unaltered cat or dog unless the publication or advertisement includes: the unaltered animal's license number, provided, however, that nothing in this ordinance shall prohibit licensed breeders from advertising in national publications for sale of a planned litter(s).
C. Auctioning off or to raffle unaltered or altered dogs and cats as prizes or gifts is prohibited within the incorporated city limits.
D. This section shall not apply to the following:
(1) Events held by 4-H Clubs, Junior Farmers Clubs, or Future Farmers Clubs. (2) The California Exposition and State Fair, district agricultural association fairs, or county fairs.
(3) Stockyards with respect to which the Secretary of the United States Department of Agriculture has posted notice that the stockyards are regulated by the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181 et seq.). (4) The sale of cattle on consignment at any public cattle sales market, the sale of sheep on consignment at any public sheep sales market, the sale of swine on consignment at any public swine sales market, the sale of goats on consignment at any public goat sales market, and the sale of equines on consignment at any public equine sales market.
(5) Live animal markets regulated under Section 597.3.
88 (6) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group regulated under Division 14 (commencing with Section 30501) of the Food and Agricultural Code. For purposes of this section, “rescue group” is a not-for-profit entity whose primary purpose is the placement of dogs, cats, or other animals that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter, or that have been surrendered or relinquished to the entity by the previous owner.
No person shall sell or give away unaltered dogs and cats in any public places or to auction off or raffle unaltered dogs and cats as prizes or gifts. No person in the city shall publish or advertise to city residents the availability of any unaltered cat or dog unless the publication or advertisement includes: the unaltered animal's license number, provided, however, that nothing in this ordinance shall prohibit licensed breeders from advertising in national publications for sale of a planned litter(s).
6.12.030 Cattery and kennel licenses.
It is unlawful for any person to keep and maintain any cat or dog within the city for the purposes of maintaining a kennel or cattery without obtaining and maintaining a current license or permit therefor. In addition, each animal maintained in the kennel or cattery must have a current license or current immunizations.
A. No kennel license shall be issued without a use permit approved by the planning department and the supervisor of animal control. The supervisor of animal control and the planning department shall have the discretion to limit, condition or restrict any permit issued in any way deemed necessary under the circumstances of location, noise, sanitation, proper planning, and any other factor deemed relevant. Any such permit shall be revocable at any time by the planning department and supervisor of animal control
B. Background screening of the permit holder and listed staff with direct oversite of animals with no pending or active criminal history in reference to penal code 597.9 subsection (a) and subsection (b).
C. Past history of animal control complaints relating to the cats and dogs of the applicant at the address for which the cattery or kennel is applied for.
D. To adequately protect animals within kennels from unhealthy conditions and practices, and to the interest of the public in preventing inhumane practices, reasonable inspections by the city shall be completed. As a condition of the issuance of a kennel license, each operator shall agree to allow such inspection. Such acknowledgment shall be made part of the application and file. Each kennel for which a kennel license has been issued shall be inspected at intervals determined by the city.
E. The cattery or kennel shall limit dog and cat reproduction to no more than two litters per license permitted year per female cat, and one litter per licensed year per female dog:
89 F. Each cat and dog in the cattery or kennel shall have current and proper immunization from disease according to the species and age. Such will be generally accepted by the veterinary community and shall take into consideration basic animal health standards and state mandated rabies control protocol.
1. Records of immunizations shall be kept by the permit holder for review by the Animal Control Supervisor or their designee for a period not exceeding three (3) years after the disposition of the animal.
2. A file shall be maintained describing animal(s) size, type and characteristics of breed;
G. Kennel licensing is not permitted within residential zoned areas of the city limits.
6.12.040 Physical requirements—Catteries and kennels.
A. The animal control officer supervisor and the planning department may require setback; additional setback, fencing, screening or soundproofing as may be deemed necessary to insure the compatibility of the kennel or cattery with the surrounding neighborhood area.
Factors to be considered in determining such compatibility are:
1. Statements regarding approval/disapproval of surrounding neighbors relative to maintenance of a cattery or kennel at the address applied for;
1. Facility specifications/dimensions in which the cats and dogs are to be maintained. (a) Cat kennels shall be maintained within an enclosed building structure preventing cats from escape with adequate ventilation.
(b) Dog kennels shall be maintained within a building structure with access to an enclosure outside, allowing dogs to move freely within the kenneled area to the outside kenneled areas.
(c) Quarantine kennels and isolation area.
2. Cattery or kennel has complied or can comply with requirements established for such uses in the city's zoning code. by the Department Supervisor of Animal Control and the City’s Planning Department.
6.12.050 License tags.
Upon proper application and payment of the license fee, a serially numbered license tag, stamped with the name of the city and the year of issue shall be issued for a dog which has been properly vaccinated in accordance with Section 6.08.150. The tag shall be affixed to the dog at all times. Whenever a license tag is lost or damaged, the owner or possessor shall obtain a replacement from animal control within thirty (30) days.
6.12.060 Individual licenses—Fees.
A. A license fee shall be paid for each dog over four months old. The license period shall be for thirty-six (36) months or less, twenty-four (24) months or less or twelve (12) months or less, commencing on the day the license is obtained. The license renewal fee shall be due and payable at the expiration of the license period.
B. The license fee is delinquent sixty (60) days after it becomes due and payable and an additional fee shall be collected for the issuance of the license. The additional fee may be 90 waived by the supervisor but only on a showing of good cause and only if the dog is not being held as a stray.
C. A fee shall not be collected or required for any dog license issued for a seeing-eye dog or a hearing-ear dog used by any partially or totally blind or deaf person.
6.12.070 Types of license.
A. Dog Licenses.
1. Pet licenses for unaltered dogs will be valid for a maximum term of one year from the date of issuance, expiring on the last day of the twelfth month. Pet licenses for altered dogs will be valid for an optional two or three years. Renewal licenses will retain the original expiration period whether renewed prior to, on, or after their respective renewal month;
2. Applications for pet license(s) shall be on forms provided by the city animal control authority;
3. License tags shall be attached to an appropriate collar for the species and worn by dogs at all times.
B. Dog License Fees. Licensing fees will be established by resolution adopted and approved by the city council.
6.12.080 Sentry dogs—Requirements.
No person shall place any sentry dog on a premises, unless the premises is posted to warn of the dog's presence and unless the sentry dog is fenced within the premises or confined within the building. Signs shall be placed at fifty (50) foot intervals around the perimeter of the area guarded by the sentry dog and at all entrances and exits to the area.
The signs shall have minimum dimensions of ten inches by fourteen (14) inches and shall contain black lettering on a white background stating:
WARNING—SENTRY DOG ON DUTY
and shall also depict the head of a dog with bared fangs. The sign shall also set forth the name, address and telephone number of the sentry dog company furnishing the dog for hire, if any, and the telephone number of the owner or caretaker of the premises. Each sentry dog shall be registered and tagged.
91 6.12.090 Imposition of fees.
The city council, by resolution, will adopt and revise the fee and fine schedule to cover the reasonable costs incurred by the city in providing the services and regulations set forth in this title.
ANIMAL CONTROL FEES AND FINE SCHEDULES
92 Report and Recommendations
Reviewed and Approved 10
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Will Bond, City Engineer / Public Works Director
DATE: October 04, 2022
SUBJECT: Sole-source Rectangular Rapid Flashing Beacon Assemblies to Traffic and Parking Control Co, Inc. (TAPCO)
FILE NO.: New
RECOMMENDATION:
Staff requests that the Shasta Lake City Council approve sole-source acquisition of all City of Shasta Lake (City) Rectangular Rapid Flashing Beacon (RRFB) assemblies from Traffic and Parking Control Co., Inc. (TAPCO).
BACKGROUND:
As a result of a successful Highway Safety Improvement Program (HSIP) Cycle 10 application, the City will soon have RRFB installations at three existing crosswalks on Shasta Dam Blvd at or near the intersections of Median Ave, Mussel Shoals Ave, and Shasta Way. Being traffic signal equipment, the existing maintenance agreement between the City and the City of Redding will be modified such that the RRFB’s will be maintained by the City of Redding similarly to the signalized intersection in the City.
On November 2, 2021, the City of Redding approved a finding to sole-source all RRFB’s to TAPCO. Although there are several manufacturers to choose from, it can be costly and timeconsuming to maintain multiple brands of the same equipment. From maintenance experience, the City of Redding determined that the TAPCO brand was the top choice for sole-source acquisition.
Given that the City of Redding will be maintaining the City’s RRFB’s, it would be prudent to solesource TAPCO as well to provide continuity and ease of maintenance.
In accordance with Public Contract Code Section 3400.C.2, the Council may make a finding for a material, product, or service by specific brand or trade name “In order to match other products in use on a particular public improvement either completed or in the course of completion.” FISCAL IMPACTS:
There will be no fiscal impact.
ATTACHMENTS:
Resolution
93 RESOLUTION CC-2022-xx
________________________________________________________________________________ A RESOLUTION OF THE CITY OF SHASTA LAKE CITY COUNCIL TO APPROVE SOLESOURCE ACQUISITION OF ALL CITY OF SHASTA LAKE (CITY) RECTANGULAR RAPID
FLASHING BEACON (RRFB) ASSEMBLIES FROM TRAFFIC AND PARKING CONTROL CO., INC. (TAPCO).
________________________________________________________________________________ WHEREAS, the City will be installing RRFB’s at three existing crosswalks on Shasta Dam Blvd. as part of a Highway Safety Improvement Program project; and WHEREAS, the RRFB assemblies will be maintained by the City of Redding through an existing maintenance agreement; and
WHEREAS, the Redding City Council made a finding to sole-source all RRFB’s to TAPCO.
NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Shasta Lake hereby approves sole-source acquisition of all City of Shasta Lake (City) Rectangular Rapid Flashing Beacon (RRFB) assemblies from Traffic and Parking Control Co., Inc. (TAPCO).
PASSED, APPROVED, AND ADOPTED this 4th day of October 2022, by the following vote:
AYES:
NOES:
ABSENT:
RICK KERN, MAYOR
ATTEST:
TONI M. COATES, CMC
City Clerk
94