CITY COUNCIL MEETING AGENDA January 17, 2023
CITY COUNCIL MEETING AGENDA
City Council Chambers
4488 Red Bluff Street
Shasta Lake. CA 96019
Tuesday, January 17, 2023, at 6:00 PM
Mayor: Greg Watkins
Vice Mayor: Janice Powell
Council Members: Justin Jones, Pamelyn Morgan
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: None
PRESENTATIONS: None
COMMISSION, COMMITTEE, AND OUTSIDE AGENCY REPORTS:
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 January 17, 2023
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 Minutes of the December 6, 2022 regular meeting. (Page 1)
2. Acceptance of the Minutes of the December 20, 2022 regular meeting. (Page 3)
3. Ordinance creating Chapter 8.07, Reduction of Organic Waste. (Page 6)
4. Resolution authorizing the filing of a Notice of Completion for the Pine Flat Street Water Main Replacement Project. (Page 31)
PUBLIC HEARINGS: None
REGULAR AGENDA:
5. Discussion and possible action to appoint Cheryle Yednak to the Parks and Recreation Commission for a term expiring in December 2024. (Page 33)
6. Discussion and possible action to appoint a member to the Planning Commission for a term expiring in December 2024. (Page 36)
7. Discussion and possible action approving a Memorandum of Understanding (MOU) with the Wintu Tribe of Northern California for the purpose of administering the State of California CDBG-CV funded Elder Nutrition Program, food pantry, rapid covid-19 testing and youth support programs. (Page 44)
CITY COUNCIL MEETING AGENDA January 17, 2023
8. Discussion and possible action to approve a supplemental appropriation of $165,000 for McConnell Foundation Grant #2022/25 and authorizing the City Manager to execute any necessary agreements pertaining to this grant. (Page 58)
9. STAFF COMMENTS:
Jessaca Lugo, City Manager – report on California laws protecting immigrant rights.
CITY COUNCIL COMMENTS AND REPORTS:
This is the time set aside for Council Members, who may so desire, to give brief comments or reports concerning City matters. The City Council may not enter into discussion on matters reported.
Statements made by individual Council Members should not be interpreted as a statement of the City Council. The City Council only takes action by majority vote. • Brief reports by members of the Council regarding correspondence, events and/or meetings attended, and upcoming meetings/events.
• Suggestions/motions for future agenda items.
• In compliance with Assembly Bill 1234, Council will report on attendance at conferences/meetings/events where expenses are reimbursed by the City.
ADJOURNMENT:
Meetings are broadcast on the Wednesday following the meeting at 6:00 PM and the following Friday at 2:00 PM on Charter Channel 181. Videos of meetings are also available through the City website: www.cityofshastalake.org
MEETING OF THE CITY OF SHASTA LAKE CITY COUNCIL
MINUTES OF THE REGULAR MEETING
HELD TUESDAY DECEMBER 6, 2022 AT THE
CITY COUNCIL CHAMBERS, 4488 RED BLUFF ST, SHASTA LAKE, CALIFORNIA 66:00 PM CALL TO ORDER - Regular Session
Mayor Kern convened the regular meeting at 6:00 PM
Council Members present: Morgan, Powell, Watkins, Kern
Council Members absent: none
Pledge & invocaton
AWARDS AND RECOGNITIONS
Proclamation for National Pearl Harbor Remembrance Day, December 7, 2022.
COMMUNICATIONS
Presentations:
Public Comment:
Commission/Committee reports:
Kay Kobe, Damboree Committee Member, reported on annual Children’s Christmas Party Drive Thru event.
CONSENT AGENDA
1. Acceptance of the November 15, 2022 Regular Meeting Minutes.
2. Resolution accepting the certified final results of votes cast from Shasta County Clerk/Registrar of Voters for the November 8, 2022 General Election.
Motion/Vote:
By motion made/seconded (Morgan/Watkins), and carried, the consent agenda was approved.
Adjourned to recess in honor of outgoing and incoming council members.
Called Meeting back to order
Mayor Kern swore in Council Members Morgan and Jones.
Nominations for new Mayor and Vice Mayor:
By motion made Morgan and seconded by Jones, Watkins was selected as Mayor and Powel was selected as Vice Mayor (Mayor Pro Tem)
PUBLIC HEARINGS
3. Discussion and possible action on the first reading of an Ordinance amending Municipal Code 2.32, Purchasing System.
1 4. Resolution establishing purchasing threshold limits pursuant to Municipal Code Chapter 2.32, Purchasing System.
REGULAR AGENDA
5. Discussion and possible action on the following:
a) Resolution authorizing the City Manager to implement a level 3 electric vehicle charging station at City Hall and approving related policies, fees, and rates.
Motion/Vote:
By motion made/seconded (Morgan/Watkins), and carried, Resolution CC-2022-108 was approved. b) Resolution establishing parking meter zones in municipal lots for spaces equipped with electric vehicle charging equipment.
Motion/Vote:
By motion made/seconded (Watkins/Morgan), and carried, Resolution CC-2022-109 was approved.
6. Discussion regarding a request by the Shasta Lake Fire Protection District for the City to impose a fee for a Community Facilities District (“CFD”) to be formed by the district.
Rose Smith, Kristie Mathews, and April Carmelo commented.
No action taken.
COMMUNICATIONS
Staff Comments
City Council Comments
ADJOURNMENT
With no further business, Mayor Watkins adjourned the meeting at 8:16 pm. _____________________________
TONI M. COATES, CMC, City Clerk
2 MEETING OF THE CITY OF SHASTA LAKE CITY COUNCIL
MINUTES OF THE REGULAR MEETING
HELD TUESDAY DECEMBER 20, 2022 AT THE
CITY COUNCIL CHAMBERS, 4488 RED BLUFF ST, SHASTA LAKE, CALIFORNIA 5:30 PM CLOSED SESSION
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54954.9 (d) (3), CONFERENCE WITH LEGAL COUNCIL - ANTICIPATED LITIGATION. ONE CLAIM (ONE POTENTIAL CASE). 66:00 PM CALL TO ORDER - Regular Session
Mayor Watkins convened the regular meeting at 6:00 PM
Council Members present: Jones, Morgan, Powell, Watkins Mayor Watkins announced that City Council received a report during closed session and no action was taken.
Council Members absent: none
Pledge & invocaton
AWARDS AND RECOGNITIONS
The award winners for the Merry & Bright Christmas Light Contest were announced.
COMMUNICATIONS
Presentations:
Public Comment:
Glory O’Connel, Sarah Stiner, and Pat Lind spoke regarding animal control.
Jim Mark spoke regarding term limits and possible indigenous people artifacts at the Toyon Tank.
Rick Kern spoke regarding veterans.
Aurthur Collier spoke regarding property rights.
Kristie Mathews spoke regarding veterans, term limits, and homeless encampment update.
Commission/Committee reports:
Kay Kobe, Damboree Committee Member, reported on annual Children’s Christmas Party Drive Thru event.
CONSENT AGENDA
1. Resolution CC-2022-113 declaring Leckey Land Clearing of Redding, CA the lowest responsive, responsible bidder, award a project contract in the amount of $139,680 to Leckey Land Clearing for the execution of the Toyon Water Plant Demolition Project, and approve total expenditure for construction not to exceed $160,000.
2. Ordinance amending Municipal Code 2.32, Purchasing System (second reading) Motion/Vote:
By motion made/seconded (Morgan/Powell), and carried, the consent agenda was approved. 3 PUBLIC HEARINGS
3. Discussion and possible action on the first reading of an Ordinance creating Chapter 8.07, Reduction of Organic Waste.
Tena Eisenbiesz, Kristie Mathews, Peggy Kline, Ann Morningstar, and Jim Mark made public comments.
Motion/Vote:
By motion made/seconded (Morgan/Powell), and carried, Ordinance was read by short title and moved to the next reading.
REGULAR AGENDA
4. Discussion and possible action to appoint Rose Smith to the Parks Resolution for a two year term expiring in December of 2024.
Motion/Vote:
By motion made/seconded (Morgan/Powell), and carried, Resolution CC-2022-114 was approved.
5. Mayor’s annual appointments to Committees/Commissions/Boards and establishment of an Ad Hoc Committee for review and recommendations regarding the Water Utility Rate Study, as well as an Ad Hoc Committee for Security of City Facilities.
6. Discussion and possible action authorizing the City Manager to execute and submit grant and loan applications and related documents through the State Water Resources Control Board Clean Water State Revolving Fund.
Motion/Vote:
By motion made/seconded (Morgan/Powell), and carried, Resolution CC-2022-115 was approved.
COMMUNICATIONS
Staff Comments
City Council Comments
ADJOURNMENT
With no further business, Mayor Watkins adjourned the meeting at 8:15 pm.
Board/Committee/Commission 2023 Representatives
Mayor’s Select Committee Mayor Watkins
Finance Committee Mayor Watkins & Vice Mayor Powell
Check Register Review Morgan & Powell
City Facility Security (Ad Hoc) Jones and Watkins
Electric Utility Committee Jones & Watkins
Public Facilities Committee Kern & Watkins
Safety & Emergency Preparedness Committee Powell & Watkins Economic Development Corporation Stuart Sutherland
LAFCO Morgan
Mosquito & Vector Control Ann Morningstar
Redding Area Bus Authority Jones & (alternate) Powell
Shasta Co. Commission on Aging Kristie Mathews
Shasta Co. Dept. of Housing & Community Action Powell
Shasta Regional Transportation Agency Watkins & (alternate) Morgan Water Utility Rate Study Review (Ad Hoc) Morgan & Watkins Youth Options Jones & (alternate) Powell
4 _____________________________
TONI M. COATES, CMC, City Clerk
5 ORDINANCE NO. CC-2023-____
AN ORDINANCE CREATING CHAPTER 8.07 OF THE SHASTA LAKE MUNICIPAL CODE,
RELATING TO THE REQUIREMENTS FOR THE REDUCTION OF ORGANIC WASTE WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements ("Regulations"), consistent with the mandate of Senate Bill 1383, that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and
WHEREAS, the City is a local jurisdiction required to comply with the Regulations; WHEREAS, the City is or expects to be facing continuing violations of other Articles of the Regulations commencing during the 2022 calendar year; and
WHEREAS, the City contracts with Waste Management for waste disposal. The City is a disadvantaged community and is concerned about the financial impacts of SB1383. The City will work with CalRecycle on mitigating financial impacts; and
WHEREAS, the City Council conducted a public hearing on December 20, 2022, and considered public testimony provided regarding the proposed Municipal Code amendments.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shasta Lake, State of California, as follows:
Chapter 8.07 is hereby added as follows: Mandatory Organic Waste Disposal Reduction.
8.07.010 Title
8.07.020 Purpose and Findings
8.07.030 Definitions
8.07.040 Requirements for Single Family Generators
8.07.050 Requirements for Commercial Businesses
8.07.060 Waivers for Generators
8.07.070 Requirements for Commercial Edible Food Generators
8.07.080 Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional Agencies
8.07.090 Requirements for Haulers and Facility Operators
8.07.100 Self-Hauler Requirements
8.07.110 Compliance with CalGreen Recycling Requirements
8.07.120 Model Water Efficient Landscaping Ordinance Requirements
8.07.130 Procurement Requirements for Jurisdiction Departments, Direct Service Providers, and Vendors
8.07.140 lnspections and Investigations by Jurisdiction
8.07.150 Enforcement
8.07.160 Effective Date
6 8.07.010 TITLE.
This Chapter may be cited as the Mandatory Organic Waste Disposal Reduction Ordinance.
8.07.020 PURPOSE AND FINDINGS
The City of Shasta Lake finds and declares:
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment. (b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program. (c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.
8.07.030 DEFINITIONS
(a) "Blue Container" has the same meaning as in 14 CCR Section 18982.Z(a)(S) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials 7 or Source Separated Blue Container Organic Waste.
(b) "Brown Container" means a brown container that shall be used for the purpose of storage and collection of Source Separated Brown Container Organic Waste. (c) "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others). (d) "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR). (e) "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance. (f) "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). (g) "Compliance Review" means a review of records by a Jurisdiction or Regional Agency to determine compliance with this ordinance.
(h) "Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 178SS(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
(i) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. (j) "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.l(a)(l)(A) or 18984.2(a)(l)(C).
(k) "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(l) "C&D" means construction and demolition debris.
(m) "Designated Source Separated Organic Waste Facility", as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of 8 the following:
(1) The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.S(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of SO percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.S(t) for Organic Waste received from the Source Separated Organic Waste collection stream.
(A) If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility".
(n) The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.B(c)(Z) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5. (o) "Designee" means an entity that a Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction's responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(p) "Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
(q) "Enforcement Action" means an action of the Jurisdiction to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(r) "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in Jurisdictions, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Jurisdiction, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or MultiFamily Solid Waste after implementation of programs for the safe collection, processing, 9 recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, and latex paint when such materials are defined as allowable materials for collection through the Jurisdiction's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Jurisdiction or its Designee for collection services.
(s) "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(t) "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code. (u) "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). (v) "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
(w) "Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
(x) "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
(y) "Food Service Provider" means an entity primarily engaged in providing food services to 10 institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
(z) "Food-Soiled Paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
(aa) "Food Waste" means Food Scraps and Food-Soiled Paper. (bb) "Gray Container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. (cc) ''Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of a three or three-plus container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.l(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). (dd) "Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
(ee) "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
(ff) "Hauler Route" means the designated itinerary or sequence of stops for each segment of the Jurisdiction's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
(gg) "High Diversion Organic Waste Processing Facility'' means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.S(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of SO percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.S(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(hh) "Inspection" means a site visit where a Jurisdiction or Regional Agency reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). (ii) "Jurisdiction" means City of Shasta Lake.
(jj) "JurisdictionEnforcement Official" means City Manager or their authorized Designee(s) who is/are partially or whole responsible for enforcing the ordinance. (kk) "Large Event" means an event, including, but not limited to, a sporting event or a flea 11 market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance. (ll) "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit. or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.
(mm) "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). (nn) "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
(oo) "MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
(pp) "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
(qq) "Non-Local Entity" means the following entities that are not subject to the Jurisdiction's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Federal facilities, including federal parks, located within the boundaries of the Jurisdiction.
(2) Facilities operated by the State Park system located within the boundaries of the Jurisdiction.
(3) Public universities (including community colleges) located within the boundaries of the Jurisdiction.
(4) County fairgrounds located within the boundaries of the Jurisdiction. (5) State agencies located within the boundaries of the Jurisdiction. 12 (rr) "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
(ss) "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. (tt) "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
(uu) "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). (vv) "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(S1). (ww) "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). (xx) "Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction's Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction's Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Jurisdiction's Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container. (yy) "Recovered Organic Waste Products" means products made from California, landfilldiverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). (zz) "Recovery" means any activity or process described in 14 CCR Section 18983.l(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
(aaa) "Recycled-Content Paper" means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
(bbb) "Regional Agency" means regional agency as defined in Public Resources Code Section 40181.
13 (ccc) "Regional Enforcement Official" means a regional or county agency enforcement official, designated by the Jurisdiction with responsibility for enforcing the ordinance in conjunction or consultation with Jurisdiction Enforcement Official. (ddd) "Remote Monitoring" means the use of the internet of things (loT) and/or wireless electronic devices to visualize the contents of Blue Containers, Brown Containers. Green Containers and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. (eee) "Renewable Gas" means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
(fff) "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(ggg) "Route Review" means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(07).
(hhh) "SB 1383'' means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42072) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. (iii) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. (jjj) "Self-Hauler" means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Backhaul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
(kkk) "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
(lll) "Solid Waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed 14 sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
(mmm)"Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.S(b) (4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing. (nnn) "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
(ooo) "Source Separated Brown Container Organic Waste" means Source Separated Organic Waste limited to Food Waste that can be placed in a Brown Container specifically intended for the separate collection of Organic Waste by the Generator. (ppp) "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, Source Separated Brown Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
(qqq) "Source Separated Recyclable Materials" means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. (rrr) "State" means the State of California.
(sss) "Supermarket" means a full-line, self-service retail store with gross annual sales of two 15 million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(ttt) "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
(uuu) ''Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
(vvv) "Uncontainerized Green Waste and Yard Waste Collection Service" or "Uncontainerized Service" means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(75). (www) "Wholesale Food Vendor" means a business or establishment engaged in the merchant 16 wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).
8.07.040 REQUIREMENTS FOR SINGLE-FAMILY GENERATORS
Single-Family Organic Waste Generators shall comply with the following requirements:
(a) Shall subscribe to Jurisdiction's Organic Waste collection services for all Organic Waste generated as described below in Section 4(b). Jurisdiction shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the Jurisdiction. Single-Family Organic Waste Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Shall participate in the Jurisdiction's Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers. (1) Generator shall place Source Separated Green Container Organic Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; Source Separated Brown Container Organic Waste in the Brown Container, and Gray Container Waste in the Gray Container. Single-Family Organic Waste Generator shall not place materials designated for the Brown Containers, Green Containers or Blue Containers in the Gray Containers.
8.07.050 REQUIREMENTS FOR COMMERCIAL BUSINESSES
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
(a) Subscribe to Jurisdiction's four container service and comply with requirements of those services as described below in 8.07.050(b). Jurisdiction shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the Jurisdiction. (b) Participate in the Jurisdiction's Organic Waste collection service(s) by placing designated materials in designated containers as described below.
(1) Generator shall place Source Separated Green Container Organic Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; Source Separated Brown Container Organic Waste in the Brown Container, and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Brown Containers, Green Containers or Blue Containers in the Gray Containers.
(c) Supply and allow access to adequate number, size and location of collection containers 17 with sufficient labels or colors (conforming with Sections 6(d)(l) and 6(d)(2) below) for employees, contractors, tenants, and customers, consistent with Jurisdiction's Blue Container, Brown Container, Green Container, and Gray Container collection service. (d) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Brown Container Organic Waste, Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by Jurisdiction, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. (e) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section 6(d) pursuant to 14 CCR Section 18984.9(b) inside the dwelling units.
(f) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees, contractors, tenants, and customers from placing materials in a container not designated for those materials per the Jurisdiction's Blue Container, Brown Container, Green Container, and Gray Container collection service.
(g) Excluding Multi-Family Residential Dwellings, quarterly inspect Blue Containers, Brown Containers, Green Containers, and Gray Containers for contamination and inform employees, contractors, tenants, and customers if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). Records of inspections shall be made available upon request by the Jurisdiction or Regional Agency.
(h) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Brown Container Organic Waste, Source Separated Green Container Organic waste and Source Separated Recyclable Materials.
(i) Provide education information before or within fourteen (14) days of occupation of the 18 premises to new tenants that describes requirements to keep Source Separated Brown Container Organic Waste, Source Separated Green Material Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property. (j) Provide or arrange access for Jurisdiction or its agent to their properties during all Inspections conducted in accordance with 8.07.150 of this ordinance to confirm compliance with the requirements of this ordinance.
(k) Accommodate and cooperate with Jurisdiction's Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator's compliance with 8.07.05O(b). (l) At Commercial Business's option and subject to any approval required from the Jurisdiction, implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, Brown Containers, Green Containers and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, Brown Containers, Green Containers, and Gray Containers subject to written notification to or approval by the Jurisdiction or its Designee, or the Regional Agency.
(m) If a Commercial Business self-hauls Solid Waste in excess of the capacity it has through the Jurisdiction's Organic Waste collection service, it must meet the Self Hauler requirements in 8.07.100 of this ordinance.
(n) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to 8.07.070.
8.07.060 WAIVERS FOR GENERATORS
(a) De Minimis Waivers: a Jurisdiction or Regional Agency may waive a Commercial Business' obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in 8.07.060(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in 8.07.060(a)(2) below. (2) Provide documentation that either:
(A) The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container, Brown container or Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or, 19 (B) The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container, Brown Container or Green Container comprises less than 10 gallons per week per applicable container of the business' total waste. (3) Notify Jurisdiction if circumstances change such that Commercial Business' Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every 5 years, if Jurisdiction has approved de minimis waiver.
(b) Physical Space Waivers: A Jurisdiction or Regional Agency may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the Jurisdiction has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of 8.07.040 or 8.07.050.
A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Blue Containers, Brown Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer. (3) Provide written verification to Jurisdiction that it is still eligible for physical space waiver every five years, if Jurisdiction has approved application for a physical space waiver.
(c) Collection Frequency Waiver: Jurisdiction or Regional Agency, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the Jurisdiction's four-container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both, once every fourteen days, rather than once per week. A collection frequency waiver may be requested by submitting an application to arrange for collection every fourteen days.
A Commercial Business or property owner may request a collection frequency waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the Blue Container, Gray Container, or both, does not contain putrescible waste.
20 (3) Provide written verification to Jurisdiction that it is still eligible for collection frequency waiver every five years, if Jurisdiction has approved application for a collection frequency waiver.
8.07.070 REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS Tier One Commercial Edible Food Generators must comply with the requirements of Section
8.07.070 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1. 2024, pursuant to 14 CCR Section 18991.3. (a) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(b) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow Jurisdiction's designated enforcement entity or Regional Agency to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
21 (iii) The established frequency that food will be collected or self hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(6) No later than March 1 of each year commencing no later than 2023 for Tier One Commercial Edible Food Generators and 2025 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the Regional Agency that includes all information listed above in 8.07.070(c)(5).
Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
8.07.080 REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES,
AND JURISDICTION
(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.S(a)(l):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
22 (3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Jurisdiction and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Regional Agency the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1.
(d) Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the Jurisdiction or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the Jurisdiction shall provide information and consultation to the Jurisdiction and Regional Agency, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Jurisdiction and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Jurisdiction or Regional Agency shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Jurisdiction or Regional Agency.
8.07.090 REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS (a) Requirements for Haulers
(1) Exclusive franchised haulers providing residential, Commercial or industrial Organic Waste collection services to generators within the Jurisdiction's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the Jurisdiction to collect Organic Waste:
(A) Through written notice to the Jurisdiction annually on or before October 1 for the following calendar year, exclusive franchise haulers must identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Brown Container Organic Waste and Source Separated Green Container Organic Waste. At its discretion, the Jurisdiction may direct the exclusive franchise haulers to use certain facilities. If the Jurisdiction chooses to exercise this right, the exclusive franchise haulers shall follow the Jurisdiction's direction and provide alternative facilities that may be used in the event the selected facilities are temporarily or permanently rejecting Solid Waste. (B) Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste and Source Separated Brown Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. 23 (C) Obtain approval from the Jurisdiction to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, 9.44.110 of this ordinance.
(2) Exclusive franchise haulers authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into with Jurisdiction.
(b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon Jurisdiction request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the Jurisdiction shall respond within 60 days.
(2) Community Composting operators, upon Jurisdiction request, shall provide information to the Jurisdiction to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the Jurisdiction shall respond within 60 days.
8.07.100 SELF-HAULER REQUIREMENTS
Requirements for Self-Haulers:
(a) Self-Haulers shall source separate all Source Separated Recyclable Materials and Organic Waste (materials that Jurisdiction otherwise requires generators to separate for collection in the Jurisdiction's organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Brown Container and Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, SelfHaulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility. (c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. 24 (2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
(d) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in Section 8.07.100(c) to Jurisdiction or Regional Agency if requested.
(e) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in Section 8.07.100(c) and (d).
8.07.110 COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS (a) Persons applying for a permit from the Jurisdiction for new construction and building additions and alterations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply.
Project applicants shall refer to Jurisdiction's Building Department for complete CALGreen requirements.
(b) For projects covered by CALGreen, the applicants must, as a condition of the Jurisdiction's permit approval, comply with the following:
(1) Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container, Brown Container and Green Container materials, consistent with the four-container collection program offered by the Jurisdiction, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections
4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(2) New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container, Brown Container and Green Container materials, consistent with the four-container collection program offered by the Jurisdiction, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
25 (3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with all written and published Jurisdiction policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
8.07.120 MODEL WATER EFFICIENT LANDSCAPING ORDINANCE REQUIREMENTS (a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the Jurisdiction, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(8), (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in Section 8.07.120. (b) The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7. (c) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8.07.120(a) above shall:
(1) Comply with Sections 492.6 (a)(3)(B), (C), (D), and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
(A) For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
(B) For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
(C) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances. (2) The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section
15.10 “Water Efficient Landscaping” shall consult the full MWELO for all 26 requirements.
(d) If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires Jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
8.07.130 PROCUREMENT REQUIREMENTS FOR JURISDICTION DEPARTMENTS, DIRECT
SERVICE PROVIDERS, AND VENDORS
(a) Jurisdiction departments, and direct service providers to the Jurisdiction, as applicable, must comply with the Jurisdiction's Recovered Organic Waste Product Procurement Policy adopted on December 21, 2021.
8.07.140 INSPECTIONS AND INVESTIGATIONS BY JURISDICTION AND REGIONAL AGENCY
(a) Jurisdiction, and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.
This Section does not allow Jurisdiction to enter the interior of a private residential property or areas other than those areas accessed during regular collection service for Inspection. (b) Organic Waste Generator shall provide or arrange for access during all Inspections and shall cooperate with the Jurisdiction's or Regional Agency's employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
(c) Any records obtained by a Jurisdiction or Regional Agency during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) Jurisdiction and Regional Agency representatives, its designated entity, and/or Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws. (e) Jurisdiction or Regional Agency shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
27 8.07.150 ENFORCEMENT
(a) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a Jurisdiction Enforcement Official or representative. Enforcement Actions under this ordinance include issuance of an administrative citation(s) and assessment of a fine(s). The Jurisdiction's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance. (b) Other remedies allowed by law may be used, including, but not limited to, civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Jurisdiction staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this ordinance may be undertaken by the Jurisdiction Enforcement Official, or their designated entity, legal counsel, or combination thereof.
(2) Enforcement recommendations may be made by a Regional Enforcement Official, in consultation with Jurisdiction Enforcement Official. (A) Regional Enforcement Official will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; recommend Enforcement Actions; and, determine if compliance standards are met. (B) Jurisdiction Enforcement Official(s) will issue Notices of Violation(s). (d) Process for Enforcement
(1) Regional Enforcement Officials and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 8.07.140 establishes Jurisdiction's and Regional Agency's right to conduct Inspections and investigation
(2) Jurisdiction may issue an official notification to notify regulated entities of its obligations under the ordinance.
(3) Jurisdiction shall issue a Notice of Violation within 60 days of the violation, requiring compliance within 60 days of issuance of the notice.
(4) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Jurisdiction's requirements. 28 Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the Jurisdiction or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information (e) Penalty Amounts for Types of Violations he penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $50 for Single Family Generators and shall be $100 per violation for Commercial Businesses. (2) For a second violation, the amount of the base penalty shall be $100 for SingleFamily Generators and shall be $200 per violation for Commercial Businesses. (3) For a third or subsequent violation, the amount of the base penalty shall be $250 for Single-Family Generators and shall be $500 per violation for Commercial Businesses.
(f) Compliance Deadline Extension Considerations
The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 8.07.150 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (g) Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with Jurisdiction's procedures in the Jurisdiction's codes for appeals of administrative citations.
Evidence may be presented at the hearing. The Jurisdiction will appoint a hearing officer who shall conduct the hearing and issue a final written order. (h) Education Period for Non-Compliance
Except for the requirements of Sections 8.07.040 and 8.07.050, beginning January 1, 2022 and through December 31, 2023, Regional Agency will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the Jurisdiction determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery 29 Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024. (i) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the Jurisdiction determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall issue a Notice of Violation, and take Enforcement Action pursuant to Section 8.07.150, as needed.
8.07.160 EFFECTIVE DATE
This ordinance shall be effective thirty (30) days following its second reading and posting as provided for by the Municipal Code and/or State law.
DULY PASSED, APPROVED, AND ADOPTED this 17th day of January 2023 by the following vote:
AYES:
NOES:
ABSENT:
___________________________________
GREG WATKINS, Mayor
ATTEST:
_____________________________________________
TONI M. COATES, CMC, City Clerk
30 Report and Recommendations 4 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Will Bond, City Engineer/Public Works Director
DATE: January 17, 2023
SUBJECT: Authorization to file a Notice of Completion
Pine Flat Street Water Main Replacement Project – Bid No. 2022-14 FILE NO.: W-100-755-554
RECOMMENDATION:
Staff requests that the City Council consider accepting the project as complete and authorize the filing of a Notice of Completion for the Pine Flat Street Water Main Replacement Project (2022-14).
BACKGROUND:
On October 04, 2022, the City Council approved resolution CC-2022-93 authorizing the City Manager to enter into a contract with Iron Mountain General Engineering Inc., for the purposes of performing the above project.
Staff has determined that the work specified in the contract has been completed and is in substantial conformance with the Plans and Specifications. Therefore, staff recommends that the Council accept the Project and authorize the filing of a Notice of Completion at the Shasta County Recorder’s Office.
FISCAL IMPACTS:
Awarded construction contract: $ 87,644.00
Approved expenditure not to exceed: $ 100,000.00
Total project construction cost: $ 89,668.71
This project was funded through budgeted water utility funds (510-340), and the supplemental budget appropriation was be funded from Water Utility capital project reserves.
ATTACHMENTS:
Resolution
DISTRIBUTION:
City Council
31 RESOLUTION CC 2023-xx
________________________________________________________________________________
A RESOLUTION OF THE CITY OF SHASTA LAKE CITY COUNCIL TO ACCEPT THE
PINE FLAT STREET WATER MAIN REPLACEMENT PROJECT AND AUTHORIZE THE
FILING OF A NOTICE OF COMPLETION
________________________________________________________________________________ WHEREAS, the City entered into a contract with Iron Mountain General Engineering Inc., for the performance of the Pine Flat Street Water Main Replacement Project; and WHEREAS, Iron Mountain General Engineering Inc., has completed the project to the satisfaction of City staff.
NOW, THEREFORE BE IT RESOLVED THAT the City of Shasta Lake City Council hereby accepts the Pine Flat Street Water Main Replacement Project (2022-14) as complete and authorizes staff to file a Notice of Completion with the Shasta County Recorder’s Office.
PASSED, APPROVED, AND ADOPTED this 17th day of January 2023, by the following vote:
AYES:
NOES:
ABSENT:
GREG WATKINS, MAYOR
ATTEST:
TONI M. COATES, CMC
City Clerk
32 Report and Recommendations 5
Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Toni Coates, City Clerk
DATE: January 12, 2023
SUBJECT: Parks and Recreation Advisory Committee Appointment FILE NO.: C-080-606-853
RECOMMENDATION:
Staff recommends that City Council consider the appointment of Cheryle Yednak to the Parks and Recreation Advisory Commission.
BACKGROUND:
As you are aware, the Parks and Recreation Advisory Commission is a five-member Commission. There is currently one vacant seat on the Commission. A notice regarding the vacancy has been posted.
The City has received a request from Cheryle Yednak for appointment to the Commission.
FISCAL IMPACTS
None
DISTRIBUTION:
City Council
ATTACHMENTS:
Resolution
Letter seeking appointment
33 RESOLUTION CC-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE REAPPOINTING
ROSE SMITH TO THE PARKS AND RECREATION ADVISORY COMMISSION FOR A TERM EXPIRING IN DECEMBER 2024
WHEREAS, the City Council of the City of Shasta Lake authorized the creation of a Parks and Recreation Advisory Commission, consisting of five members appointed by the City Council, pursuant to Municipal Code Chapter 2.18; and
WHEREAS, there is one vacancy on the Commission; and
WHEREAS, staff has posted a notice of vacancy; and
WHEREAS, Cheryle Yednak has expressed interest in being appointed to the Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake hereby appoints Cheryle Yednak to the Parks and Recreation Advisory Commission for a two-year term, expiring in December of 2024.
PASSED, APPROVED AND ADOPTED this 17th day of January, 2023 by the following vote.
AYES:
NOES:
ABSENT:
_________________________________
GREG WATKINS, Mayor
ATTEST:
__________________________________
TONI M. COATES, CMC, City Clerk
34 35
Report & Recommendation 6 Reviewed and Approved
City Manager
AGENDA ITEM
City Council Meeting
TO: Jessaca Lugo, City Manager
City Council
FROM: Toni Coates, City Clerk
DATE: January 9, 2023
SUBJECT: Planning Commission
FILE NO: C-080-634-080
RECOMMENDATION:
Staff recommends that City Council review and consider applicants for an appointment to the Planning Commission.
BACKGROUND:
Planning Commissioner Justin Jones was recently elected to the City Council which created a vacancy on the Planning Commission with a term expiration of December 2024. A vacancy notice was posted locally, as per the adopted policy, and published in the Record Searchlight to advertise the vacancy.
The City Clerk has received letters of interest/resumes from Gracious Palmer, Julie Screechfield, and Jim Mark seeking to be appointed.
FISCAL IMPACTS:
None
ATTACHMENTS:
Letters/Resumes
36 RESOLUTION CC-2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE APPOINTING ____________________ TO THE SHASTA LAKE PLANNING COMMISSION FOR A TERM EXPIRING IN DECEMBER 2024
WHEREAS, the City Council of the City of Shasta Lake authorized the creation of a City Planning Commission, consisting of five members appointed by the City Council, pursuant to Municipal Code Chapter 2.16; and
WHEREAS, there is one vacancy on the Commission; and
WHEREAS, the vacancy has been posted per the current policy; and WHEREAS, the City Council has received letters & resumes from three applicants seeking appointment.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shasta Lake that _________________________ is hereby appointed to the Shasta Lake Planning Commission for a a term that expires in December 2024.
PASSED, APPROVED, AND ADOPTED this 17th day of January 2023 by the following vote:
AYES:
NOES:
ABSENT:
________________________________
GREG WATKINS, Mayor
ATTEST:
_______________________________
TONI M. COATES, CMC, City Clerk
37 38
39 40
41 42
43 Report and Recommendations 7
Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Whitney Zeller, Community and Economic Development Manager
DATE: January 17, 2023
SUBJECT: Memorandum of Understanding (MOU) with the Wintu Tribe of Northern California for the Program Operation of the CDBG-CV Funded Elder Nutrition Program, Food Pantry, Rapid COVID-19 Testing, and Youth Support Programs.
FILE NO.: New
RECOMMENDATION:
Staff recommends that the City of Shasta Lake City Council authorize an MOU between the City of Shasta Lake and the Wintu Tribe of Northern California for the purpose of administering the CDBG-CV funded Elder Nutrition Program, Food Pantry, Rapid COVID19 Testing, and Youth Support Programs.
BACKGROUND:
On March 16, 2021 (Resolution CC-2021-18), the City Council authorized the submittal of an application to the California State Department of Housing and Community Development (HCD) for funding under the CDBG-CV Program for four tribal set-aside projects: Elder Nutrition Program, Food Pantry, Rapid COVID-9 Testing, and Youth Support Programs.
The City applied as a main applicant, with the intention of working with the Wintu Tribe of Northern California as a subrecipient to administer the programs.
On January 4, 2022, the City was advised by the State that it had received the following funding:
- $200,000 (Elder Nutrition Program)
- $200,000 (Food Pantry)
- $100,000 (Rapid COVID-19 Testing)
- $200,000 (Youth Support Programs)
Due to the nature of the tribal set-aside program, the Wintu Tribe of Northern California is the best equipped organization to facilitate the programs for the local Wintu community. 44 The proposed agreement would allow the Tribe to act as the “Program Administrator” for the four programs and would cover the following services:
• Administration of programs in accordance with the Standard Agreements • Compliance with required local, state, and federal laws, regulations, guidelines, and policies.
• Program marketing and outreach
• Coordination of invoices and program budgets
• Record maintenance
• Assistance with required reporting
The Tribe’s Council reviewed and approved the MOU for their consideration at their January 8 meeting. Upon approval of the MOU, the City and Tribe would be able to begin administering all programs.
FISCAL IMPACTS:
No fiscal impacts, as funds are already budgeted.
ATTACHMENTS:
MOU – Wintu Tribe of Northern California and City of Shasta Lake MOU Attachments
45 RESOLUTION CC-2023-XX
A RESOLUTION OF THE CITY OF SHASTA LAKE CITY COUNCIL APPROVING
A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE WINTU TRIBE OF
NORTHERN CALIFORNIA FOR THE PURPOSE OF ADMINISTERING THE
STATE OF CALIFORNIA CDBG-CV FUNDED ELDER NUTRITION PROGRAM, FOOD PANTRY, RAPID COVID-19 TESTING, AND YOUTH SUPPORT
PROGRAMS
WHEREAS, the City of Shasta Lake executed Standard Agreements 20-CDBG-CV-TRIB00004, 20-CDBG-CV-TRIB-00006, 20-CDBG-CV-TRIB-00010, and 20-CDBG-CV-TRIB00008 in the amount of $700,000 with the State of California Department of Housing and Community Development for the Elder Nutrition Program, Food Pantry, Rapid COVID-19 Testing, and Youth Support Programs; and
WHEREAS, the City of Shasta Lake is dedicated to supporting the Wintu Tribe of Northern California as a non-federally recognized tribe; and
WHEREAS, the programs will provide important public services to the local tribal community; and
WHEREAS, the Wintu Tribe of Northern California is qualified to administer and manage the CDBG-CV-TRIB programs; and
NOW, THEREFORE, BE IT RESOLVED that the City of Shasta Lake City Council hereby authorizes and directs the City Manager, or his/her designee, to sign and execute the MOU with the Wintu Tribe of Northern California and act on the City’s behalf in all matters pertaining to this program including any amendments thereto required to administer the funds.
PASSED, APPROVED, AND ADOPTED this 17th day of January 2023 by the following vote:
AYES:
NOES:
ABSENT:
GREG WATKINS, Mayor
ATTEST:
TONI M. COATES, CMC
City Clerk
•
•
46 MEMORANDUM OF UNDERSTANDING (Agreement)
BETWEEN WINTU TRIBE OF NORTHERN CALIFORNIA AND CITY OF SHASTA LAKE
FOR ADMINISTRATION OF THE ELDER NUTRITION PROGRAM, FOOD PANTRY, RAPID COVID-19 TESTING, AND YOUTH SUPPORT PROGRAMS
FUNDED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT-CORONAVIRUS
RESPONSE TRIBAL SET-ASIDE STANDARD
AGREEMENTS NO. 20-CDBG-CV-TRIB-00004, 20-CDBG-CV-TRIB-00006, 20-CDBG-CV-TRIB-00010, 20-CDBG-CV-TRIB-00008
This Agreement is entered into between the City of Shasta Lake (“City”), a municipal corporation, and Wintu Tribe of Northern California (“Tribe”), (individually a “Party” or collectively as “Parties”).
RECITALS
WHEREAS, City and the State of California have entered into Standard Agreement No. 20-CDBG-CV-TRIB-00004, 20-CDBG-CV-TRIB-00006, 20-CDBG-CV-TRIB-00010, and 20-CDBG-CV-TRIB-00008 referred to as the “Standard Agreements” and attached are Exhibits A through D, for City to receive funding from the Community Development Block Grant – Coronavirus Response, referred to as “CDBG-CV,” from the State of California, Department of Housing and Community Development, referred to as “HCD,” to finance the Elder Nutrition, Food Pantry, Rapid COVID-19 Testing, and Youth Support Programs, referred to as “Programs”; and
WHEREAS, City and Tribe qualify for funding under the CDBG-CV-TRIB Program as a non-entitlement Unit of Local Government partnered with federally recognized or non-federally recognized Tribe, as a unit of local government; and
WHEREAS, City will work with Tribe to facilitate approved CDBG-CV-TRIB Programs; and
WHEREAS, the Parties desire to enter into this Agreement; ACCORDINGLY, THE PARTIES AGREE AS FOLLOWS:
1. Responsibilities of Tribe
Pursuant to the terms and conditions of this Agreement, during the term of this Agreement, Tribe shall:
A. Administer Programs in accordance with the Standard Agreement, as well as the outlined goals, milestones, performance measurements, and Program Guidelines, as approved by HCD, which are attached to and incorporated to this Agreement as Exhibits A through D.
B. Provide services in accordance with all of the requirements contained in the Standard Agreement and all of the provisions of Federal, State and local laws, 47 regulations, guidelines and policies, and available funding covenants; and the rules and regulations governing the HCD CDBG Program (42 U.S.C. 5301, 24 CFR Part 570, Subpart I, and California Administrative Code Sections 25 CCR §§ 7050-7126).
Tribe agrees to fully comply with all Federal, State and local laws, regulations, and directives that apply to the work involved in the Programs, including but not limited to the applicable laws and regulations specified in the Standard Agreement, Exhibits A through D, attached to and incorporated to this Agreement.
C. Endeavor to provide outlined programs and services to eligible tribal members.
D. Conduct sufficient marketing of the Programs and carry out outreach through flyers and other means to inform eligible members of the tribe of the availability of the Programs.
E. Elder Nutrition Program – Tribe will coordinate staffing and establish a system that allows qualified tribal Elders to pre-order nutritious meals, maintain a distribution calendar and distribution records, distribute meals to program participants, maintain accounts payable, verify work hours and maintain payroll as outlined in the Program Proposals, Exhibit E.
F. Food Pantry – Tribe will coordinate staffing and establish a food pantry at the Wintu Cultural Resource Community Center, allow for qualified tribal members to pre-order food items, be responsible for allocation of food cards and assembly of pantry food boxes, maintain distribution calendar and distribution records, maintain accounts payable, verify work hours and maintain payroll as outlined in the Program Proposals, Exhibit E.
G. Rapid COVID-19 Testing – Tribe will coordinate staffing and establish a system that allows qualified tribal members and other Native Americans to make appointments and drop-in times for COVID-19 rapid testing, maintain records and reports for local public health officials, maintain testing calendars and equipment maintenance records, maintain accounts payable, verify work hours and maintain payroll as outlined in the Program Proposals, Exhibit E.
H. Youth Support Program – Tribe will establish a system that allows qualified tribal members to schedule appointments for tutoring and assess needs in technology, be responsible for the allocation of technology and devices, maintain tutoring schedule and records of technology distribution, provide tutoring services in all core subjects, maintain student contact records, maintain parent contact records, maintain accounts payable, verify work hours and maintain payroll as outlined in the Program Proposals, Exhibit E.
I. Provide invoices and submit requests to City for reimbursement of expenditures funded by the Standard Agreements.
48 J. Promptly provide financial and programmatic data regarding Program activities offered pursuant to this Agreement to City as necessary for city’s use in City’s completion of reports for submission to HCD. Data may include general ledger printouts, source documentation, or other relevant financial reports.
K. Maintain complete and accurate records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. In addition, Tribe shall maintain complete and accurate records with respect to any payments to employees or subcontractors. All books, records, accounts, documentation, and all other materials relevant to the Standard Agreement shall be prepared in accordance with generally accepted accounting procedures, shall be clearly identified, and shall be kept readily accessible. Upon request, Tribe shall make all such records available to the Auditor and to their agents and representatives, for the purpose of auditing and/or copying such records for a period of five years from the expiration date of this Agreement or five years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement, and any amendments, whichever is later.
L. Assist City in fulfilling all reporting requirements as required by City’s Standard Agreement.
M. Within 15 days after the end of each calendar quarter, Tribe shall submit a Progress Report to City that shall include information regarding the number of persons receiving services and the type of services rendered during the previous quarter.
2. Responsibilities of City
A. City shall make available to Tribe the following amounts during the term of this Agreement as invoiced by Tribe:
Elder Nutrition Program
Activity Funds for Direct Program Expenses: $174,000
Administration Funds: $26,000
Total not to exceed $200,000
Food Pantry
Activity Funds for Direct Program Expenses: $174,000
Administration Funds: $26,000
Total not to exceed $200,000
Rapid COVID-19 Testing
Activity Funds for Direct Program Expenses: $87,000
Administration Funds: $13,000
Total not to exceed $100,000
49 Youth Support Program
Activity Funds for Direct Program Expenses: $174,000
Administration Funds: $26,000
Total not to exceed $200,000
B. City shall make payments to Tribe on a reimbursement basis for each expense funded by the Standard Agreement for the Programs described in Sections 1.E, 1.F,
1.G, 1.H of this Agreement.
C. City shall identify a staff person to serve as the Tribe’s primary contact and provide direction to Tribe regarding policies and other matters.
D. City shall complete and file all required reports, including but not limited to any reports or other filings required by the Standard Agreement.
E. City shall monitor Tribe during the term of this Agreement for compliance with any or all applicable requirements as outlined in Section 1 of this Agreement and for attainment of expenditure milestones.
F. City shall participate in marketing the Programs as mutually agreed.
3. Compensation
A. The consideration to be paid to Tribe by City, as provided herin, shall be in reimbursement for all of Tribe’s expenses incurred in the performance hereof unless otherwise expressly so provided. Tribe shall be reimbursed for actual costs for activity delivery, not to exceed amounts outlined in Section 2.A of this agreement.
B. Payment Procedures
The City will pay to the Tribe funds available under this agreement based upon information submitted by the Tribe and consistent with any approved budget and Section 4, Billing and Payment, of this Agreement. Payments will be made for eligible expenses incurred by the Tribe.
C. Indirect Costs
If indirect costs are charged, as provided by the Federal regulations at 2 CFR Part 225, the Tribe will develop an indirect cost allocation plan for determining the appropriate Tribe’s share of administrative costs and shall submit such plan to the City for approval, in a form specified by the City.
D. Budget Amendments
City must approve budget changes in writing prior to any budget adjustment or amendment.
50 4. Billing and Payment
A. Tribe shall submit to City a detailed, itemized, and documented request for payment as necessary.
B. Following the close of each quarter (March, June, September, December), Tribe shall submit invoice statements statin the services provided and the actual costs of the previous quarter.
C. Invoices shall be in the form and contain the information requested by City and shall be subject to approval by City, which approval shall not be unreasonably withheld.
City will make payments within 30 days of receipt of approved invoice(s). City will notify Tribe of any objections, questions, or complaints regarding any particular invoice within 15 days of receipt of such invoice. If City determines that amounts were improperly billed and/or paid to Tribe, or Tribe was improperly underpaid, adjustments by such amounts may be made in the payment on the current or a later invoice with explanation provided. No interest or penalties shall accrue for late payments.
5. Term of Agreement
This agreement shall commence upon date of execution and shall expire on May 31, 2025, unless otherwise terminated as provided in this Agreement. Notwithstanding the foregoing, any term of this Agreement which by its nature extends beyond the end or termination of this Agreement remains in effect until fulfilled, including the grant closing requirements set forth in Exhibit B, Section 6 of the Standard Agreements.
6. Termination of Agreement
A. If Tribe fails to perform its duties to the satisfaction of City, or if Tribe fails to fulfill in a timely and professional manner its obligations under this Agreement, or if the Tribe violates any of the terms or provisions of this Agreement, then City shall have the right to terminate this Agreement effective immediately upon the City giving written notice thereof to Tribe.
B. Either Party may terminate this Agreement without cause on 30 days’ written notice.
City shall pay Tribe for all work satisfactorily completed as of the date of termination.
C. City may terminate this Agreement immediately upon oral notice should funding cease or be materially decreased.
D. City’s right to terminate this agreement may be exercised by its City Manager. Tribe’s right to terminate this Agreement may be exercised by Tribe’s Executive Officer or their designee, or by direction of the Tribal Council.
51 7. Entire Agreement/Modification
This Agreement supersedes all previous agreements and constitutes the entire understanding of the Parties hereto. Tribe shall be entitled to no other benefits other than those specified herein. No changes, amendments or alterations shall be effective unless in writing and signed by both Parties, with HCD approval. Tribe specifically acknowledges that in entering into and executing this Agreement, Tribe relies solely upon the provisions contained in this Agreement and no others.
The headings that appear in this Agreement are for reference purposes only and shall not affect the meaning or construction of this Agreement.
If any ambiguity, inconsistency, or conflict exists or arises between the provisions of this Agreement and the provisions of any of this Agreement’s exhibits or appendices, the provisions of this agreement shall govern.
8. Financial Management
A. Accounting Standards
The Tribe agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
B. Cost Principles
The Tribe shall administer its Program in conformance with OMB Circular A-133, “Cost Principles for Local Governments”, as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
9. Documentation and Record Keeping
A. Records to be Maintained
The Tribe shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but are not limited to:
1) Records providing a full description of each activity undertaken; 2) Records demonstrating that each activity undertaken meets the National Objectives of the CDBG-CV Program;
3) Records required to determine the eligibility of activities; 4) Records required to document programs administered with CDBG-CV assistance;
5) Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and, 52 6) Other records necessary to document compliance with Subpart K of 24 CFR Part 570
B. Retention
The Tribe must transfer all original CDBG-CV Program-related records to the City within 30 days after termination of this Agreement. The Tribe shall retain copies of all the CDBG-CV activity-related financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five years after expiration of this Agreement. The retention period includes finalizing of the submission of the City’s annual performance and evaluation report to HCD in which the activities assisted under this Agreement are reported on for the final time.
Notwithstanding the above, if there is litigation, claims, audits, negotiations other actions that involve any of the records cited and that have started before the expiration of the five-year period, then copies of such records must be retained until completion of the actions and resolution of all issues, or the expiration of the fiveyear period, whichever occurs later.
C. Closeouts
The Tribe’s obligation to the City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to:
making final payments, disposing of Program assets (including the return of all unused materials, equipment, unspent cash advances, and accounts receivable to the City), and determining the custodianship of records. Notwithstanding the foregoing, the term of this Agreement shall remain in effect during any period that the Tribe has engaged in any activities making use of CDBG-CV funds. Tribe must transfer all original CDBG-CV Program related records to the City within 30 days after termination of this Agreement.
D. Access to Records
The Tribe shall furnish and cause each of its own representatives or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records, and accounts by the City, HCD, HUD or its agent, or any other authorized State/Federal officials for purposes of investigation to ascertain compliance with the rules, regulations, and provisions stated herein.
E. Audits & Inspections
All Tribal records with respect to any matters covered by this Agreement shall be made available to the City, HCD, grantor agency, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Tribe within 30 days after receipt by the Tribe. Failure of the Tribe to comply with the above audit requirements will constitute a violation of 53 this Agreement and may result in the withholding of future payments. The Tribe hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning MOU/Agreement audits and OMB Circular A-133.
10. Procurement
A. Compliance
All Program assets (property, equipment, etc.) that remain and are unexpended as of the date of termination of this Agreement shall revert to the City upon termination of this Agreement.
B. CFR Standards
Unless specified otherwise within this Agreement, the Tribe shall procure all materials, property, or services in accordance with the requirements of 24 CFR
84.40-48.
11. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84, as well as 24 CFR 570.502, 570.503, and 50.504, as applicable, which include but are not limited to the following:
A. The Tribe shall transfer to the City any CDBG-CV funds on hand and any accounts receivable attributed to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
12. Non-Assignment of Agreement
Inasmuch as this Agreement is intended to secure the specialized service of Tribe, Tribe may not assign, transfer, delegate, or sublet any interest herein without the prior written consent of City.
13. Employment Status
Tribe shall, during the entire term of this Agreement, be construed to be a partner entity and nothing in this Agreement is intended nor shall be construed to create an employeremployee relationship, or to allow City to exercise discretion or control over the professional manner in which Tribe performs the services which are the subject matter of this Agreement; provided always, however, that the services to be provided by Tribe shall be provided in a manner consistent with the professional standards applicable to such services. The sole interest of the City is to ensure that services shall be rendered and performed in a competent, efficient and satisfactory manner. Tribe shall be fully responsible for payment of all taxes due to the State of California or the Federal government which would be withheld from compensation if Tribe were a City employee.
City shall not be liable for deductions for any amount for any purpose from Tribe’s 54 compensation. Tribe shall not be eligible for coverage under City’s workers compensation insurance plan nor shall Tribe be eligible for any other City benefits.
14. Indemnification
A. Tribe shall defend, protect, and hold harmless the City from and against all claims, suits, and actions for any loss, damage, injury to persons or property which arises from any negligent act or omission of the Tribe or any authorized subcontractor or any of their members or agents in the performance of their services under this Agreement.
B. City shall hold harmless and indemnify Tribe, its selected officers, and members, against all claims, suits, actions, costs, counsel fees, expenses, damages, judgements or decrees by reason of any person’s or persons’ bodily injury, including death or property being damaged by City or any person employed by City in any capacity during the progress of the work, whether by negligence or otherwise.
15. Insurance
City and Tribe shall each obtain and maintain continuously comprehensive general liability insurance and/or other insurance necessary to protect the public. Tribe is selfinsured. Tribe shall furnish to the City, upon City’s request, a certificate of self-insurance.
16. Recycling Certification
The Tribe shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract code Section 12209.
With respect to printer duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Public Contract code §12205).
18. Governing Law
This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
19. Timeliness
Time is of the essence in this Agreement.
20. Notices
Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing and shall be sent first-class mail to the following addresses:
55 Info to City: Whitney Zeller
Community & Economic Development Manger
City of Shasta Lake
4477 Main Street/PO BOX 777
Shasta Lake, CA 96019
Info to Tribe: Garry Rickard, Chairman
Wintu Tribe of Northern California
4755 Shasta Dam Blvd.
Shasta Lake, CA 96019
Notice shall be deemed o be effective two business days after mailing.
21. Attachments
Attachments are a part of this Agreement and are incorporated herein by reference:
Exhibit A: Standard Agreement No. 20-CDBG-CV-TRIB-00004 Exhibit B: Standard Agreement No. 20-CDBG-CV-TRIB-00006 Exhibit C: Standard Agreement No. 20-CDBG-CV-TRIB-00010 Exhibit D: Standard Agreement No. 20-CDBG-CV-TRIB-00008 Exhibit E: Program Proposals
22. Entire Agreement
This Agreement and its exhibits constitute the entire Agreement between the City and the Tribe for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Tribe with respect to this Agreement.
The Tribe agrees to be knowledgeable of and comply with all the requirements contained in the Standard Agreement and all other applicable Federal, State, and local laws, regulations, and policies governing the funds provided under this Agreement. The Tribe further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
SIGNATURE PAGE FOLLOWS
56 IN WITNESS WHEREOF, City and Tribe have executed this Agreement on the day and year set forth below.
CITY OF SHASTA LAKE WINTU TRIBE OF NORTHER CALIFORNIA
By: ______________________________ By:_________________________________ Jessaca Lugo, City Manager Gary Rickard, Chairman
City of Shasta Lake Wintu Tribe of Northern California
Date: _____________________________ Date: ______________________________ ATTEST:
Toni Coates, City Clerk
City of Shasta Lake
___________________________________
APPROVED AS TO FORM:
By:_______________________________
John S. Kenny, City Attorney
City of Shasta Lake
57 Report and Recommendations 8
Reviewed and Approved
City Manager
AGENDA ITEM
City Council Meeting
TO: Jessaca Lugo, City Manager
FROM: Whitney Zeller, Community and Economic Development Manager DATE: January 17, 2023
SUBJECT: Resolution approving a supplemental appropriation for McConnell Foundation Grant #2022/25 for the Bizz Johnson Snack Shack and authorizing City Manager to execute necessary agreements pertaining to this grant FILE NO.: New
RECOMMENDATION:
Staff recommends the City Council approve a supplemental budget appropriation in the amount of $165,000 for McConnell Foundation Grant #2022/25 for the Bizz Johnson Snack Shack and authorize the City Manager to execute necessary agreements pertaining to this grant.
BACKGROUND:
The existing concession stand and restrooms building at Bizz Johnson Ballpark is outdated and lacks ADA accessibility. The City intended to use funding from the Parks Per Capita Program to renovate the facility, but recognized that renovations will not address long-term needs. To ballpark is expected to have increased use with the expansion of Lassen Field, addition of lights, and the growing Challengers Program. To accommodate the increased use as well as accessibility needs, the City proposed demolition of the existing facility and replacing it with a new concession stand and restroom that can better accommodate the community’s needs. The new bathrooms and concession stand will serve Little League participants and attendees, including those of the Challengers Program. The new restrooms will be ADA accessible to accommodate the needs of our diverse community, and the new concession stand will assist Little League and their fundraising efforts as they expand their ability to schedule more games and host tournaments.
The original budget for renovations was $100,000, and the estimated cost for the new facility is $265,000, creating a funding gap of $165,000. Costs would allow for the demolition of the existing facility, site prep, purchase, delivery, and installation of the new facility, and construction of the sidewalk around the concession stand. The City’s Public Works Department would complete demolition and site prep, CXT will deliver and install the new building, and a contractor will be hired to construct the sidewalk. Due to the grant funding involved, the job will require prevailing wage. The City approached the McConnell Foundation regarding a grant for the gap funding. On December 15, 2022 the McConnell Foundation Board reviewed and approved the funding request in an amount not to exceed $165,000 under Grant #2022/25. A Memorandum of Agreement (Agreement) was provided to accept the awarded funds. The remaining cost of the project will be funded through the Parks Per Capita Grant. 58 Upon approval of the Agreement, the tentative timeline for the project is as follows:
Order new CXT building – January 2023
Receive bids/select contractor for sidewalk – May 2023
Demolition and site prep – July 2023
Install new building – August 2023
Construct sidewalk – August 2023
FISCAL IMPACTS:
Supplemental Appropriation – Not to exceed $165,000
The project is 100% grant funded
ATTACHMENTS:
Resolution CC-2023-XX
McConnell Foundation Memorandum of Agreement
DISTRIBUTION:
City Council & Finance Department
59 RESOLUTION CC-2023-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE APPROVING A SUPPLEMENTAL APPROPRIATION OF $165,000 FOR MCCONNELL FOUNDATION GRANT #2022/25 AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY
AGREEMENTS PERTAINING TO THIS GRANT
WHEREAS, the existing concession stand and restroom building at Bizz Johnson Ballpark is outdated and lacks ADA accessibility, requiring demolition and replacement of the building; and WHEREAS, the City has dedicated $100,000 in Parks Per Capita Grant funding to address the Bizz Johnson concession stand, creating a funding gap of $165,000 for the project; and WHEREAS, the City submitted a proposal to the McConnell Foundation to assist with gap funding; and WHEREAS, the McConnell Foundation approved Grant #2022/25 in an amount not to exceed $165,000 to cover the gap funding; and
WHEREAS, the Memorandum of Agreement was received after the FY2022/2023 budget; and WHEREAS, this projects is funded from the following program fund:
McConnell Foundation Grant #2022/25
Expenditure Account: 270-340-6259 (Project # 7009) - $165,000 Revenue Account: 270-000-4389 (Project # 7009) - $165,000 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 $165,000.00
2. Authorizes the City Manager to execute any necessary agreements pertaining to this grant PASSED, APPROVED, AND ADOPTED this 17th day of January 2023 by the following vote.
AYES:
NOES:
ABSENT:
_______________________________________
GREG WATKINS, Mayor
ATTEST:
___________________________________
TONI M. COATES, CMC, City Clerk
60 61
62 63
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66 67
Governor Newsom Announces New Initiatives to
Support California Workers Impacted by COVID19
Published: Apr 15, 2020
Governor announces new initiative to expand call center hours at the Employment Development Department to better assist Californians with unemployment insurance applications
EDD will also implement a one-stop shop for those applying for Pandemic Unemployment Assistance, including the self-employed and independent contractors Governor announces $75 million in statewide Disaster Relief Assistance funding to provide financial support for immigrant workers affected by COVID-19 Philanthropic partners commit to raising an additional $50 million to support undocumented Californians
SACRAMENTO – Governor Gavin Newsom today announced new initiatives to support the millions of California workers who have lost jobs or wages as a result of the COVID-19 pandemic.
At the Governor’s direction, the Employment Development Department (EDD) will launch a new call center on Monday that will operate 7 days a week from 8:00 a.m. to 8:00 p.m. The Unemployment Insurance Branch will be upstaffed with 1,340 employees, including 740 EDD employees and 600 employees from across state government. The Governor also directs EDD to expedite access to the Work Share program to avert layoffs.
The EDD will also stand up a one-stop shop for individuals applying for unemployment insurance and the new federal Pandemic Unemployment Assistance (PUA) program starting April 28. The PUA will provide federally funded benefits distinct from UI program for certain individuals out of work or partially unemployed due to COVID-19. This includes the selfemployed, individuals who may be employees but who lack sufficient work history and independent contractors. Federal guidelines include gig workers and California’s gig workers will continue to be protected by our strong laws against misclassification in the administration of PUA. PUA benefits will be issued within 24-48 hours – not the traditional 21 days for regular UI claims.
“Many Californians are one paycheck away from losing their homes or from being able to put food on their tables, and COVID-19 has only made these challenges worse,” said Governor Newsom. “California is focused on getting relief dollars and unemployment assistance in the hands of those who need it as quickly as possible.”
The Governor also announced an unprecedented $125 million in disaster relief assistance for working Californians. This first in the nation, statewide public-private partnership will provide financial support to undocumented immigrants impacted by COVID-19. California will provide $75 million in disaster relief assistance and philanthropic partners have committed to raising an additional $50 million.
“California is the most diverse state in the nation. Our diversity makes us stronger and more resilient. Every Californian, including our undocumented neighbors and friends, should know that California is here to support them during this crisis. We are all in this together,” said Governor Newsom.
California’s $75 million Disaster Relief Fund will support undocumented Californians impacted by COVID-19 who are ineligible for unemployment insurance benefits and disaster relief, including the CARES Act, due to their immigration status. Approximately 150,000 68 undocumented adult Californians will receive a one-time cash benefit of $500 per adult with a cap of $1,000 per household to deal with the specific needs arising from the COVID-19 pandemic. Individuals can apply for support beginning next month.
The state’s Disaster Relief Fund will be dispersed through a community-based model of regional nonprofits with expertise and experience serving undocumented communities.
In addition to the $75 million in state funding, Grantmakers Concerned with Immigrants and Refugees (GCIR), a network of foundations focused on immigration issues, has committed to raising $50 million to support direct financial assistance to families of undocumented immigrants through the California Immigrant Resilience Fund, with initial lead investments of $5.5 million from Emerson Collective, Blue Shield of California Foundation, The California Endowment, The James Irvine Foundation, Chan Zuckerberg Initiative and an anonymous donor, among others. Those interested in supporting this fund can donate at www.immigrantfundCA.org.
“During this moment of national crisis, undocumented immigrants are risking their own health on behalf of the rest of us, saving lives as health care workers; caring for our loved ones; and growing much of the food we depend on,” said Laurene Powell Jobs, Founder and President of Emerson Collective. “With the federal government and so many states failing to provide undocumented immigrants the economic and health supports all Americans deserve, I hope that corporations, foundations and individuals across the country will join us in providing the emergency relief these members of our community need to weather this challenging time.”
California has developed an immigrant resource guide to provide information about COVID-19 related assistance, including public benefits, that are available to immigrant Californians.
Last week, Governor Newsom announced that California is seeking to take appropriate steps to ensure care and treatment for COVID-19 for its residents, regardless of immigration status.
Given the current public health emergency, COVID-19 testing, evaluation and treatment services are being deemed as emergency services under Medi-Cal, regardless of the location where it is received. Deeming COVID-19 testing and related treatment services as an emergency will entitle all Medi-Cal beneficiaries, regardless of their scope of coverage under Medi-Cal or their documentation status, to receive all medically necessary inpatient or outpatient services related to a COVID-19 diagnosis.
A copy of the Governor’s executive order can be found here.
Learn more about the state’s ongoing COVID-19 response efforts here.
Visit covid19.ca.gov or covid19.ca.gov/es for critical steps Californians can take to stay healthy, and resources available to those impacted by the outbreak. ###
69 LOCAL
Shasta County declares itself 'no sanctuary' in narrow
vote
Sean Longoria Redding Record Searchlight
Published 4:40 p.m. PT Feb. 6, 2018 Updated 6:07 p.m. PT Feb. 6, 2018 In a move county officials admitted lacks legal teeth and was heavily opposed even before a vote, the Board of Supervisors on Tuesday narrowly signed off on a resolution declaring the county “no sanctuary” for immigrants living in the country illegally.
Supervisors Mary Rickert, Steve Morgan and board Chair Les Baugh approved the resolution while Leonard Moty, who called the vote a “sad day for Shasta County,” and David Kehoe abstained from voting on the matter in apparent protest that the matter, first brought to the board and rejected nearly a year ago, was before them again. “For me, this resolution is an insult to the goodwill of our community,” Kehoe said. “I will tell you right now, I will not be a party to this form of political chicanery.”
More: Resolution: Shasta not a sanctuary county
Senate Bill 54, commonly referred to as California's "sanctuary state" law, bars law enforcement from asking people about their immigration status and participating in federal immigration activities. Jail officials are allowed to transfer inmates to federal immigration authorities only if they have been convicted of certain crimes.
The passage of the law prompted Tehama County and Anderson, among others, to declare themselves “non-sanctuary” jurisdictions along with pledges to help federal immigration authorities as much as the law allows. 70 Anderson City Councilman Baron Browning said at Tuesday's meeting since his city passed its resolution, police there haven't assisted federal immigration agents once.
"The Police Department does not go out and pull people over and ask 'are you documented or not?'" he said.
Shasta County considered the matter last year and put it off indefinitely until the idea surfaced again in December after a push by Baugh, who brought forward the original discussion.
County Counsel Rubin E. Cruse said, though, the resolution doesn’t mean Shasta County can disregard the state law. “The county cannot ignore or refuse to comply with SB 54. That is the law in the state of California and we have to deal with that one way or another,” Cruse said.
Shasta County Sheriff Tom Bosenko and District Attorney Stephanie Bridgett also said SB 54 has little impact on their operations and they’re still able to incarcerate and prosecute criminals regardless of their legal status. “SB 54 is not going to have an effect on how we do business,” Bridgett said.
More: California becomes 'sanctuary state' as governor signs bill Still, Baugh and his peers pushed forward Tuesday’s vote with comments directed at sending a message to the state and in opposition to illegal immigration.
“Our country has a tremendous legal path for immigrants in the United States of America. I support and will remain always supportive, with open arms, to welcome all who want to legally immigrate to the United States of America. That’s how my family got here and I’m proud of that. I do not support those who came into the country illegally and want to remain here against the force of law,” Baugh said. “The state of California has put us in a position of having to have conversations like this.”
The board, he said, also formally opposed SB 54 before its passage in a letter sent to state lawmakers. “I have never been in agreement with it so this is not a rush to a decision,” Baugh said. 71 Rickert said her vote was representative of her eastern Shasta County district and immigration is an issue she’s lived her whole life.
“My husband and I employed several Hispanic families and many of them have worked for us for 20, 30 years. They’re part of my family,” she said.
Rickert added she’s mentored an undocumented girl and helped others gain citizenship.
More: North State, home of 'anti-sanctuary' movement, now officially at odds with California “We’re all immigrants but every single one of my ancestors became citizens of this wonderful country," she said. “Another thing I hear all the time is how it divides families. We give our Hispanic workers, if they choose to, they go to Mexico for a whole month, sometimes two months, in the wintertime. I’m not afforded that opportunity, I have to stay back and work.
They see their family more than I see mine.”
Morgan reiterated the resolution in a message to Sacramento. "Illegal is illegal. Period. There's no other word I can say except 'lawbreaker,'" Morgan said. "We're tired of being told what we're going to do and not do."
The vote came after more than 90 minutes of comment on the matter where 25 people, mostly in opposition to the resolution, spoke before the board.
Ann Corrin, the first of 15 who spoke against the matter, said she believes cooperating with Immigration and Customs Enforcement is “bad public policy” that would erode trust with law enforcement and open the county to legal action from advocacy organizations or even state officials.
“The action of naming, through resolution, Shasta County as an anti-sanctuary county is not a viable legal action. It is only political posturing that accomplishes nothing more than to further divide our community,” Corrin said.
The resolution will create an atmosphere of fear and would intimidate immigrant communities from speaking to law enforcement Laurie O’Connell said She also questioned whether recent action by federal immigration authorities would 72 target only criminals.
“This a movement that is accelerating and I know it is championed by many residents of this county. But it is a toxic, racist and deeply primitive response to the future that is going to be browner and as difficult as that is for some of us of paler complexions to understand and to accept, as much energy is being invested to hold back that future, it’s happening anyway,” O’Connell said. “To dig in your heels and regress to the 19th century doesn’t make any sense and it’s not going to be viewed on by our future residents as something to be proud of. It is a moment of great shame.” More: Can Congress actually get a deal on immigration? Here are five competing options Still, 10 people at Tuesday’s meeting favored the move, citing Sacramento’s “lawlessness” and alleged disregard for the state’s residents.
Terry Rapoza, who wore an American flag shirt to the meeting, accused Gov. Jerry Brown of acting illegally and said the federal government has authority over immigration.
“What part of illegal immigration is legal?” Rapoza said. “Yeah things, are going to change, isn’t that great? Why is it people hate the U.S. so much and why is it that they hate the constitution?” Kay Wilson said she found the resolution well-written and the state law is contrary to federal law. “This resolution does not divide us. In fact, it makes our community feel that our representatives are supporting us, the citizens of the United States,” she said. “There’s nothing wrong with an officer asking what someone’s status is.” 73 74