CALL TO ORDER
ROLL CALL
1. APPROVAL OF AGENDA: (Additions and/or Deletions)
2. PUBLIC COMMENT REGARDING CLOSED SESSION ITEMS (if any): Any person may address the Council at this time upon any subject for discussion during Closed Session.
3. CLOSED SESSION:
A. CONFERENCE WITH LABOR NEGOTIATIORS – pursuant to Government Code §54957.6
1. Professional Technical Unit
2. Management Unit
3. SPOA
4. RETURN TO OPEN SESSION: (recess if necessary)
Reconvene in open session at 5:00pm
Pledge of allegiance
Invocation
Report any changes to agenda
Report any action out of Closed Session
Proclamations, awards or presentations by the City Council Recognition of Tim Trevitt and family, Hot Wheels World Record
5. BUSINESS FROM THE FLOOR: Any person may address the Council at this time upon any subject on the agenda or not on the agenda within the jurisdiction of the City Council. However, comments on items on the agenda may be reserved until the item is discussed and any matter not on the agenda that requires action will be referred to staff for a report and action at a subsequent meeting.
Presentations are subject to a five-minute limit.
6. CONSENT CALENDAR: All matters listed under the Consent Calendar are considered to be routine by the City Council. There will be no separate discussion on these items. Any member of the public or the City Council may request removal of an item from the Consent Calendar to be considered separately.
6.A Minutes of the City Council's June 7, 2023 and June 21, 2023 regular and special meetings.
6.B Vendor and payroll warrants
7. PUBLIC HEARINGS:
8. COUNCIL DISCUSSION/ANNOUNCEMENTS:
9. NEW BUSINESS:
CITY OF SUSANVILLE
66 N. Lassen Street • Susanville CA
Quincy McCourt, Mayor
Thomas Herrera, Mayor pro tem
Russ Brown • Mendy Schuster • Kevin Stafford
Susanville City Council
Regular Council Meeting • City Council Chambers
Wednesday, July 5, 2023 – 4:30 PM
1 9.A Consider Resolution No. 23-6159, authorizing the Mayor to enter into an agreement with the Public Group, LLC, and PayMac Inc.
9.B Consider Resolution No. 23-6160, authorizing the mayor to execute a personal property lease agreement with the Milford Fire Protection District.
9.C Consider Resolution No. 23-6161, upholding, modifying, or disapproving the recommendation of the Susanville Planning Commission regarding the issuance of administrative citations against the property owners of 105 Russell Avenue.
9.D Consider purchase of Hangar #30 at the Susanville Municipal Airport
10. SUSANVILLE COMMUNITY REDEVELOPMENT AGENCY:
11. SUSANVILLE MUNICIPAL ENERGY CORPORATION:
12. CONTINUING BUSINESS:
13. CITY ADMINISTRATOR'S REPORTS:
13.A Department reports
14. FUTURE COUNCIL ITEMS:
14.A Future Council Items
15. ADJOURNMENT:
The next regular meeting of the Susanville City Council will be held on July 19, 2023 at 4:30PM.
Reports and documents relating to each agenda item are on file in the Office of the City Clerk and are available for public inspection during normal business hours and at the meeting. These reports and documents are also available at the City’s website www.cityofsusanville.net, unless there were systems problems posting to the website.
Accessibility: An interpreter for the hearing-impaired may be made available upon request to the City Clerk seventy-two hours prior to a meeting. A reader for the vision-impaired for purposes of reviewing the agenda may be made available upon request to the City Clerk. The location of this meeting is wheelchair-accessible.
I, Heidi Whitlock, certify that I caused to be posted notice of the regular meeting scheduled for July 5, 2023 in the areas designated on June 30, 2023.
2 AGENDA ITEM NO. 6.A
Action Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: July 5, 2023
SUBJECT: Minutes of the City Council's June 7, 2023 and June 21, 2023 regular and special meetings.
PRESENTED BY: Heidi Whitlock, City Clerk
SUMMARY: Attached for the Council’s review are the minutes of the City Council’s June 7, 2023 and June 21, 2023 regular and special meetings.
FISCAL IMPACT: None
ACTION REQUESTED: Motion to waive the reading of and approval to receive and file the City Council's June 7, 2023 and June 21, 2023 regular and special meetings.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
230607.cc.spec.min.draft.pdf
230607.cc.min.draft.pdf
230621.cc.spec.min.draft.pdf
230621.cc.min.draft.pdf
3 SUSANVILLE CITY COUNCIL
Special Council Meeting Minutes
WEDNESDAY, JUNE 7, 2023 – 3:00 PM
Mayor McCourt called the meeting to order at 3:00 P.M.
Roll Call of Councilmembers Present: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown
1. APPROVAL OF AGENDA: (Additions and/or Deletions)
2. PUBLIC COMMENT REGARDING CLOSED SESSION ITEMS (if any): Any person may address the Council at this time upon any subject for discussion during Closed Session.
3. CLOSED SESSION: No business.
4. RETURN TO OPEN SESSION: (recess if necessary)
5. BUSINESS FROM THE FLOOR:
6. CONSENT CALENDAR: No business.
7. PUBLIC HEARINGS: No business.
8. COUNCIL DISCUSSION/ANNOUNCEMENTS: No business.
9. NEW BUSINESS:
9.A 2022/2023 Budget Presentation / Workshop
Receive information, provide direction to staff.
Exhibit A 6.5.23.pdf DRAFT-Budget-Processand-Policies 6.5.23.pdf Finance Manager, Chandra Jabbs, presented the city budget by fund for Council review.
City Staff presented an overview of department line-item budgets.
10. CONTINUING BUSINESS: No business.
11. CITY ADMINISTRATOR REPORTS: No business.
12. FUTURE COUNCIL ITEMS: No business.
13. ADJOURNMENT:
The Council adjourned at 4:16 P.M.
_______________________________
Quincy McCourt, Mayor
____________________________
Jolene Arredondo, Asst. to the CA
4 SUSANVILLE CITY COUNCIL
Regular Council Meeting Minutes
WEDNESDAY, JUNE 7, 2023 – 4:30 PM
Roll Call of Councilmembers Present: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown
1. APPROVAL OF AGENDA:
Moved by Kevin Stafford; seconded by Russ Brown to approve.
Motion Carried: 5 - 0
Voting For: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown Voting Against: None
2. PUBLIC COMMENT REGARDING CLOSED SESSION ITEMS (if any): None.
3. CLOSED SESSION:
Council convened into closed session at 4:32 P.M.
4. RETURN TO OPEN SESSION: Reconvened to open session at 5:03 P.M.
City Administrator, Dan Newton reported the there was no action to report from closed session and direction provided to staff.
5. BUSINESS FROM THE FLOOR:
No less than eight members of the public spoke regarding the Susanville Library, the recent vandalism at Lassen Family Service’s and the Pride Month Proclamation.
6. CONSENT CALENDAR:
6.A Minutes of the City Council's May 3, 2023 and May 17, 2023 regular meetings. 230503.cc.min.draft.pdf
230517.cc.min.draft.pdf
Motion to waive the reading of and approval to receive and file the City Council's May 3, 2023, and May 17, 2023, regular meeting minutes.
Moved by Thomas Herrera; seconded by Russ Brown to approve.
Motion Carried: 5- 0
Voting For: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown Voting Against: None
6.B Monthly Financial Reports for January, February, & March 2023.
Fund Balances Report_2023_01.pdf
Cash Report 01_2023 USBank.pdf
DAILY DEPOSIT REPORT JANUARY 2023 USBANK.pdf Fund
Balances Report_2023_02.pdf Cash Report 02_2023
USBank.pdf
DAILY DEPOSIT REPORT FEBRUARY 2023 USBANK.pdf Fund
Balances Report_2023_03.pdf Cash Report 03_2023
USBank.pdf
DAILY DEPOSIT REPORT MARCH 2023 USBANK.pdf Cash
Report Q1 2023 TriCounties.pdf
DAILY DEPOSIT REPORT Q1 2023 TRICOUNTIES.pdf Q3
2022-2023 INCOME STATEMENT.pdf
5 Motion to receive and file.
Moved by Thomas Herrera; seconded by Russ Brown to approve.
Motion Carried: 5- 0
Voting For: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown Voting Against: None
6.C Receive HdL Q4 2022 Reports
2022 Q4 Sales Tax Update.pdf
HdL California Consensus Forecast - Q4 22 _Final.pdf
Moved by Thomas Herrera; seconded by Russ Brown to approve.
Motion Carried: 5- 0
Voting For: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown Voting Against: None
6.D Consider Resolution No. 23-6144, Approving and authorizing the Mayor to execute Memorandum of Understanding with the Miscellaneous Bargaining Unit for the period of January 1, 2023 through and including June 30, 2025.
23-6144.pdf
2023.2025 MISC MOU FINAL.pdf
Motion to approve Resolution No. 23-6144, Approving and authorizing the Mayor to execute memorandum of understanding with the Miscellaneous Bargaining Unit for the period of January 1, 2023 through and including June 30, 2025.
Moved by Thomas Herrera; seconded by Russ Brown to approve.
Motion Carried: 5- 0
Voting For: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown Voting Against: None
7. PUBLIC HEARINGS:
8. COUNCIL DISCUSSION/ANNOUNCEMENTS:
Mayor pro tem Herrera provided thoughts on hate and abuse occurring within the community and notated he will not tolerate the behavior and abuse occuring in community. And expressed his request for change occur within our community to look past each others differences.
Mayor McCourt provided Land Acknowledgement statement.
Mayor McCourt provided the city's mission statement.
Mayor McCourt provided thoughts on freedom of speech, freedom of morality, and asked community to come speak to him about safety within our community
9. NEW BUSINESS:
9.A Consider Resolution No. 23-6142, authorizing the donation of the surplus Type III Wildland Fire Engine to the Lassen Community College Fire Technology Program.
Motion to approve Resolution No. 23-6142, authorizing the donation of the surplus Type III Wildland Fire Engine to the Lassen Community College Fire Technology Program.
Tom Hernandez, Assistant Chief presented information about the donation of the surplus Type Wildland Fire Engine to the council.
23-6142.pdf
6 Moved by Mendy Schuster; seconded by Thomas Herrera to approve.
Motion Carried: 5- 0
Voting For: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown Voting Against: None
9.B Consider Resolution No. 23-6145, authorizing the City Administrator to execute Amendment No. 1 to the Standard Form Personal Services Contract between the City of Susanville and Mintier Harnish, LP
Jolene Arredondo, Assistant to the City Administrator, provided information to the council to consider an amendment to the Mintier Harnish agreement.
SUSGP_LEAP Scope of Work_2023 05 10 BG.docx
Susanville_Amendment-No1-MiniterHarnish_2023-05-17.docx 23- 6145.pdf
Consider Resolution No. 23-6145, authorizing the City Administrator to execute Amendment No. 1 to the Standard Form Personal Services Contract between the City of Susanville and Mintier Harnish, LP
Moved by Thomas Herrera; seconded by Russ Brown to approve.
Motion Carried: 5- 0
Voting For: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown Voting Against: None
9.C Consider Resolution No. 23-6146, upholding the Susanville Planning Commission's decision regarding the summary abatement of a 1977 Winnebago Motorhome from the 800 Block of Cypress Street
Bob Godman, Public Works Director provided information on the item to the council.
Frank Pringle, 804 Cypress St., notated to council he did not move the Winnebago in question.
Discussion occurred amongst the council regarding fines 23-6146 Approving Resolution
23-6146 Disapproving Resolution
Abandoned Vehicle Abatement Order After Hearing AV2023-001 Evidence Presentation Slides
Motion to approve Resolution No. 23-6146, upholding the Susanville Planning Commission's decision regarding the summary abatement of a 1977 Winnebago Motorhome from the 800 Block of Cypress Street.
Moved by Russ Brown; seconded by Kevin Stafford to uphold the Planning Commission's decision and adding the $150 fee to the $927.36 recovery costs associated with the abatement.
Motion Carried:3- 2
Voting For: Russ brown, Kevin Stafford, Mendy Schuster
Voting Against: Quincy McCourt, Thomas Herrera
9.D Consider Resolution No.23-6147, authorizing the Public Works Director to purchase up to 110% of the three year average yearly winter natural gas for the 2023-2024 winter season at not more that $7.00 per dekatherm.
7 Motion to approve Resolution No. 23-6147, authorizing the Public Works Director to purchase up to 110% of the three year average yearly winter natural gas for the 2023-2024 winter season at not more that $7.00 per dekatherm.
Bob Godman, Public Works Director presented the agenda item 23-6147.pdf
Moved by Thomas Herrera; seconded by Mendy Schuster to approve.
Motion Carried: 5- 0
Voting For: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown Voting Against: None
9.E Consider Resolution No. 23-6148, authorizing the Public Works Director to execute a contract with StoneCo Construction to haul the street sweeping pile from the Sierra Road property and authorize the finance manager to make necessary budget adjustments.
Bob Godman, Public Works Director presented the agenda item.
StoneCo Hauling Estimate.pdf
23-6148.pdf
Motion to approve Resolution No. 23-6148, authorizing the Public Works Director to sign a contract with StoneCo Construction to haul the street sweeping pile from the Sierra Road property and authorize the finance manager to make necessary budget adjustments.
Moved by Thomas Herrera; seconded by Russ Brown to approve.
Motion Carried: 5- 0
Voting For: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown Voting Against: None
9.F Consider Resolution No. 23-6149, authorizing Mayor to sign MOU # 23-ATP-45 (Memorandum of Understanding) and authorizing the Public Works Director to sign FC-31 (Conservation Camp Program Project Request(s)) as necessary.
Bob Godman, Public Works Director presented agenda item to council notating benefits of contract to the community.
ATP23-45.docx
fc31_2024.doc
23-6149.pdf
Motion to approve Resolution No. 23-6149, authorizing Mayor to sign MOU # 23-ATP-45 (Memorandum of Understanding) and authorizing the Public Works Director to sign FC-31 (Conservation Camp Program Project Request(s)) as necessary.
Moved by Thomas Herrera; seconded by Russ Brown to approve.
Motion Carried: 5- 0
Voting For: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown Voting Against: None
9.G Consider Resolution No. 23-6150, approving agreement between the City of Susanville and Lassen County for safety, security, fire and emergency medical response services at the Lassen County Fairgrounds
Dan Newton, City Administrator presented the agenda item to the council. 8 2023.25 Fair Agreement.pdf
23-6150.pdf
Motion to approve Resolution No. 23-6150, approving agreement between the City of Susanville and Lassen County for safety, security, fire and emergency medical response services at the Lassen County Fairgrounds
Moved by Mendy Schuster; seconded by Russ Brown to approve.
Motion Carried: 5- 0
Voting For: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown Voting Against: None
9.H Consider Resolution No. 23-6151, authorizing the closure of Main Street from Cottage Street to Rob's Way on July 22, 2023 for the Lassen County Fair Parade between 9:30 a.m. and 11:30 a.m. and authorizing the Public Works Director to execute a Caltrans Encroachment Permit application as required
Bob Godman, Public Works Director presented agenda item to council.
Letter to the City - Road Closure -Fair 2023.pdf
236151.pdf
Motion to approve Resolution No. 23-6151, authorizing the closure of Main Street from Cottage Street to Rob's Way on July 22, 2023 for the Lassen County Fair Parade between 9:30 a.m. and 11:30 a.m. and authorizing the Public Works Director to execute a Caltrans Encroachment Permit application as required.
Moved by Russ Brown; seconded by Mendy Schuster to approve.
Motion Carried: 5- 0
Voting For: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown Voting Against: None
10. SUSANVILLE COMMUNITY REDEVELOPMENT AGENCY: No business.
11. SUSANVILLE MUNICIPAL ENERGY CORPORATION: No business.
12. CONTINUING BUSINESS: No business.
13. CITY ADMINISTRATOR'S REPORTS:
13.A Department reports Information only
14. FUTURE COUNCIL ITEMS:
14.A Future Council Items
20230607 Items from the Podium.pdf
Council reconvened into closed session after the conclusion of open session at 6:58 P.M.
15. ADJOURNMENT:
Moved by Mendy Schuster; seconded by Russ Brown to adjourn at 7:34 P.M. _______________________
Quincy McCourt, Mayor
_____________________________
Jolene Arredondo, Asst. to the CA
9 SUSANVILLE CITY COUNCIL
Special Council Meeting Minutes
WEDNESDAY, JUNE 21, 2023 – 3:00 PM
Mayor McCourt called the meeting to order at 3:00pm.
Roll Call of Councilmembers Present: McCourt, Stafford, Herrera, Schuster
Absent: Brown
1. APPROVAL OF AGENDA: (Additions and/or Deletions)
Moved by Herrera; seconded by Schuster to approve.
Motion Carried: 4 - 0
Voting For: McCourt, Stafford, Herrera, Schuster
Voting Against: None
2. BUSINESS FROM THE FLOOR: No comment.
3. COUNCIL DISCUSSION/ANNOUNCEMENTS: No comment.
4. NEW BUSINESS:
4.A Community Study Session to discuss the Circulation Element and Land Use and Economic Development Draft Updates prepared by Mintier&Harnish and Green Dot Transportation.
Provide comments to staff and the consultant team pertaining to the Circulation Element and Land Use and Economic Development Draft Updates.
Kelly Mumper, City Planner, presented the item and introduced the members of both Mintier & Harnish and Green Dot Transportation.
Brent Gibbons and Michael Gibbons of Mintier & Harnish and a representative from Green Dot were in attendance and provided information related to general plan. Brent Gibbons provided information related to the Land Use Element and GreenDot provided information on the Circulation Element.
Mr. Mumper stated that it appeared that a few things may soon come to light and the updates provided make sense. He added that the city received a grant to update these two elements.
Brent Gibbons let everyone know that, based on potential public comment, no zoning changes are being proposed as these are mostly policy type changes. He also added that the other elements will be updated in terms of formatting as well.
SUGPU_LUCD_Public Review Draft_2023 06 14 BG.pdf
SGPU_Second Study Session Flyer_2023 06 13 NZ.pdf
SUSGP_CIRC_Public Review Draft_2023 06 16 BG.pdf
5. FUTURE COUNCIL ITEMS: No comment.
6. ADJOURNMENT: Motion to adjourn at 3:37pm.
__________________________
Respectfully submitted by: Quincy McCourt, Mayor
_________________________
Heidi Whitlock, City Clerk
10 SUSANVILLE CITY COUNCIL
Regular Council Meeting Minutes
WEDNESDAY, JUNE 21, 2023 – 4:30 PM
Roll Call of Councilmembers Present: McCourt, Stafford, Herrera, Schuster
Absent: Brown
1. APPROVAL OF AGENDA:
Moved by Schuster; seconded by Herrera to approve.
Motion Carried: 4 - 0
Voting For: McCourt, Stafford, Herrera, Schuster
Voting Against: None
Absent: Brown
2. PUBLIC COMMENT REGARDING CLOSED SESSION ITEMS (if any): No comment.
3. CLOSED SESSION:
The City Council convened in closed session at 4:31pm to discuss the following:
A. CONFERENCE WITH LABOR NEGOTIATIORS – pursuant to Government Code §54957.6
1. Professional Technical Unit
2. Management Unit
3. SPOA
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - pursuant to Government Code Section §54956.8
1. Property: 95 1/2 South Ash Street - APN# 105-210-028 Agency Negotiator: Dan Newton, City Administrator
Negotiating Party: Rippetoe, Elizabeth & Robert
Under Negotiation: Price/Conditions/Terms of Sale
The City Council reconvened in open session at 5:00pm.
4. RETURN TO OPEN SESSION: The Pledge of Allegiance and Invocation were provided.
Mr. Newton stated that the council met in closed session to discuss the above-mentioned items.
He stated that direction was provided to staff with no reportable action taken.
5. BUSINESS FROM THE FLOOR: Maria Freguila, public member, requested that lectures not be provided to attendees of the city council meetings.
Tim Trevitt and grandson Mason Gonzales, public, who tried to break a hot wheels world record, stated that it is official, it is in the book and that they are already setting their sights on the next record which will occur on September 2, 2023. He added that they are also now working on sharing it with children and have started talking with hospitals to start implementing a hot wheels program.
6. CONSENT CALENDAR:
6.A Vendor and payroll warrants
04-13-23.pdf
04-20-23.pdf
04-27-23.pdf
04-28-23.pdf
05-04-23.pdf
05-10-23.pdf
11 05-11-23.pdf
05-18-23.pdf
05-19-23.pdf
05-25-23.pdf
05-31-23.pdf
06-02-23.pdf
Motion to Receive and File
Moved by Herrera; seconded by Schuster to approve.
Motion Carried: 4- 0
Voting For: McCourt, Stafford, Herrera, Schuster
Voting Against: None
Absent: Brown
7. PUBLIC HEARINGS: No business.
8. COUNCIL DISCUSSION/ANNOUNCEMENTS: Mayor McCourt offered the Land Acknowledgement Statement and the City Mission Statement.
9. NEW BUSINESS:
9.A Consider Resolution No. 23-6152, Adopting the Fiscal Year 2023/24 Budget Motion to approve Resolution No. 23-6152, Adopting Fiscal Year 2023-24 Budget
Chandra Jabbs, Finance Manager, presented the 23/24 Fiscal Year budget and requested approval of Resolution No. 23-6152.
Exhibit A Fund Level Budget.pdf
Exhibit B Budget Process and Policies.docx
STOB Budget Report 23.24.pdf
23-6152.pdf
Moved by Herrera; seconded by Schuster to approve Roll call vote requested.
Herrera, Schuster, Stafford, McCourt: Aye; Absent: Brown. Motion carried.
Motion Carried: 4- 0
Voting For: McCourt, Stafford, Herrera, Schuster
Voting Against: None
Absent: Brown
9.B Consider Resolution No. 23-6153, Establishing Appropriations Limitation for Fiscal Year 2023-2024
Ms. Jabbs presented the item and requested approval of Resolution No. 23- 6153.
23-6153.pdf
Motion to approve Resolution No. 23-6153, Establishing Appropriations Limitation for Fiscal Year 2023-2024
Moved by Schuster; seconded by Herrera to approve.
Motion Carried: 4- 0
Voting For: McCourt, Stafford, Herrera, Schuster
Voting Against: None
Absent: Brown
12 9.C Approved Position List
Mr. Newton presented the Approved Position List and the listed modifications and requested approval of the updated list.
230621 Approved Position List.pdf
Motion to approve approved position list as presented in agenda.
Moved by Herrera; seconded by Schuster to approve.
Motion Carried: 4- 0
Voting For: McCourt, Stafford, Herrera, Schuster
Voting Against: None
Absent: Brown
9.D Consider Resolution No. 23-6154, approving an increase to the 7301 Geothermal Utility Budget and authorizing the Finance Manager to make necessary changes to said budget.
Bob Godman, Public Works Director, provided an explanation of the item, for an amount up to $4,500, and requested the approval of Resolution No. 23-6154. 23-6154.pdf
Motion to approve Resolution No. 23-6154, approving an increase to the 7301 Geothermal Utility Budget and authorizing the Finance Manager to make necessary changes to said budget.
Moved by Herrera; seconded by Schuster to approve.
Motion Carried: 4- 0
Voting For: McCourt, Stafford, Herrera, Schuster
Voting Against: None
Absent: Brown
9.E Consider Resolution No. 23-6155, adopting a list of street related maintenance, repair and improvement projects for Fiscal Year 2023-24 per the Road Repair and Accountability Act (RMRA)
Mr. Godman presented the item and requested approval of Resolution No. 23-6155.
SB1 Proposed FY23-24 Project List.pdf
23-6155.pdf
Motion to approve Resolution No. 23-6155, the Public Works Director to submit the attached list of proposed eligible projects for the FY 2023-24 to the State so that funds for street related maintenance, repair and improvement as available through the RMRA program.
Moved by Schuster; seconded by Herrera to approve.
Motion Carried: 4- 0
Voting For: McCourt, Stafford, Herrera, Schuster
Voting Against: None
Absent: Brown
9.F Consider Resolution No. 23-6156, Approving the increase to the 7201 Airport Budget and further authorizing the Finance Manager to amend the Airport budget as needed. 13 Mr. Godman provided an explanation of the item and requested approval of Resolution No. 23-6156 for the total of $9,500.
23-6156.pdf
Motion to approve Resolution No. 23-6156, approving the increase to the 7201 Airport Budget and further authorizing the Finance Manager to amend the Airport budget as needed.
Moved by Herrera; seconded by Schuster to approve.
Motion Carried: 4- 0
Voting For: McCourt, Stafford, Herrera, Schuster
Voting Against: None
Absent: Brown
9.G Consider Resolution No. 23-6157, donating $2,500 to American Legion for local scholarship fund.
Mr. Newton provided a brief history on the item, how this item came to be on the agenda and requested approval of Resolution No. 23-6157.
23-6157.pdf
Motion to approve Resolution No. 23-6157, donating $2,500 to American Legion for local scholarship fund.
Moved by Schuster; seconded by Herrera to approve.
Motion Carried: 4- 0
Voting For: McCourt, Stafford, Herrera, Schuster
Voting Against: None
Absent: Brown
10. SUSANVILLE COMMUNITY REDEVELOPMENT AGENCY: No business.
11. SUSANVILLE MUNICIPAL ENERGY CORPORATION: No business.
12. CONTINUING BUSINESS:
12.A Consider Resolution No. 23-6158, updating Records Retention Schedule to be in compliance with current records retention laws.
Heidi Whitlock, City Clerk, provided an explanation of the item and requested approval of Resolution No. 23-6158.
___ALL Records Retention Schedules for agenda packet
2.pdf 23-6158.pdf
Motion to approve Resolution No. 23-6158, adopting updated Records Retention Schedule to be in compliance with current records retention laws.
Moved by Schuster; seconded by Herrera to approve.
Motion Carried: 4- 0
Voting For: McCourt, Stafford, Herrera, Schuster
Voting Against: None
Absent: Brown
12.B City Project Priorities
14 Mr. Newton provided a brief background on the item and reviewed current priorities.
Mayor pro tem Herrera brought up the newer graffiti in the area as well as the broken windows. He requested law enforcement follow up with business owners, make sure the broken glass is cleaned up due to children, etc... He also inquired as to whether or not those who are destroying properties are made to complete community service to pick it up.
Another community clean up was requested by Herrera to which Mr. Newton stated that it could be added to the list.
Mayor McCourt mentioned the pool and how the money coming from the City and County will come to an end in a few years and discussions should start to determine how to continue following those funds ending.
John Lightfoot, public, inquired as to whether or not the benches and picnic tables scheduled to come from CCC have been received and, if so, can some be placed on the trial.
Mr. Godman responded that some have been received and placed in the parks, but more are scheduled to come.
230621 City Project Priorities - Staff Report1.docx
13. CITY ADMINISTRATOR'S REPORTS:
13.A Department reports
Margaret Long, City Attorney, provided an update on the types of items she was currently working on.
Councilmember Schuster inquired of Mike Bollinger, Police Captain, if there was a way to charge more for the removal of graffiti or other......
Ms. Jabbs stated her pleasure with getting the budget adopted prior to the new fiscal year starting. She also stated that the equal pay program flyer will be going out in the next round of bills.
Chief Moore provided an update on his department.
Mr. Newton provided a brief explanation of the SCORE meeting occurring this Friday and that he and Ms. Whitlock will be in attendance.
Ms. Whitlock provided an update including public records requests, onboarding of pool and seasonal firefighter employees as well as gearing up for the next round of elections.
Mr. Godman stated that school is out and the pool is open. He also stated that well 3 is up and running.
14. FUTURE COUNCIL ITEMS:
14.A Future Council Items
Mr. Newton provided an explanation of the item and inquired of the council if they have anything to add to the list.
15 Jim McCarthy, public, stated that he wants to city to keep people agitated and cleaning up their properties.
20230621 Items from the Podium.pdf
15. ADJOURNMENT:
Motion to adjourn at 6:31pm.
___________________________
Quincy McCourt, Mayor
Respectfully submitted by:
_______________________________ Approved on:
Heidi Whitlock, City Clerk
16 AGENDA ITEM NO. 6.B
Action Item
Submitted By: Alicia Cordova, Administrative Services
Action Date: July 5, 2023
SUBJECT: Vendor and payroll warrants
PRESENTED BY: Chandra Jabbs, Finance Manager
SUMMARY: Warrants dated June 3, 2023 through June 23, 2023 numbered 218610-218815.
FISCAL IMPACT: Accounts Payable vendor warrants totaling $182,957.59, plus $472,732.29 in payroll warrants, for a total of $655,689.88.
ACTION REQUESTED: Motion to receive and file
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
06-08-2023.pdf
06-09-2023.pdf
06-15-2023.pdf
06-16-2023.pdf
06-22-2023.pdf
17 18
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23 CITY OF SUSANVILLE Check Register - Payments by Vendor Page: 1 Check Issue Dates: 6/9/2023 - 6/9/2023 Jun 09, 2023 10:40AM Report Criteria:
Report type: GL detail
Check.Voided = False
GL Check Check Vendor Description Invoice Inv GL Account GL Account Title Seq Check Period Issue Date Number Number Payee Number Seq No Amount Amount 06/23 06/09/2023 218681 728 U.S. POSTMASTER REMINDERS 101-103-GAS 060923 1 7110-430-42-46 POSTAGE 177.76 177.76 06/23 06/09/2023 218681 728 U.S. POSTMASTER REMINDERS 101-103-WATER 060923 2 7401-430-62-46 POSTAGE 91.57 91.57 Total 060923: 269.33 269.33
Grand Totals: 269.33 269.33
M = Manual Check, V = Void Check
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CITY OF SUSANVILLE Check Register - Payments by Vendor Page: 1 Check Issue Dates: 6/16/2023 - 6/16/2023 Jun 16, 2023 10:45AM Report Criteria:
Report type: GL detail
Check.Voided = False
GL Check Check Vendor Description Invoice Inv GL Account GL Account Title Seq Check Period Issue Date Number Number Payee Number Seq No Amount Amount 06/23 06/16/2023 218758 728 U.S. POSTMASTER WATER BILLING POSTAGE 061623 1 7110-430-42-46 POSTAGE 753.93 753.93 06/23 06/16/2023 218758 728 U.S. POSTMASTER GAS BILLING POSTAGE 061623 2 7401-430-62-46 POSTAGE 388.39 388.39 Total 061623: 1,142.32 1,142.32
Grand Totals: 1,142.32 1,142.32
M = Manual Check, V = Void Check
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50 AGENDA ITEM NO. 9.A
Action Item
Submitted By: Cheyenne Ratkey, Fire
Action Date: July 5, 2023
SUBJECT: Consider Resolution No. 23-6159, authorizing the Mayor to enter into an agreement with the Public Group, LLC, and PayMac Inc.
PRESENTED BY: James Moore, Fire Chief
SUMMARY: Susanville Municipal Code Section 3.08.110 Surplus supplies and equipment states all departments shall report all supplies and equipment which are no longer used and have become obsolete or worn out to the Finance Director. The Finance Director shall have the authority to sell all supplies and equipment which cannot be used by any department, or which have become unsuitable for city use, or to exchange the same for or trade the same in, on new supplies and equipment.
The city has been in search of a reliable auction company and service to auction certain city-owned vehicles, equipment, and miscellaneous supplies that have accumulated and are no longer serviceable or are surplus to city needs for current operations. Staff have identified the Public Group, LLC as an effective and reliable web-based company to manage and facilitate the auctions from start to finish, including providing training to staff, auction management, and collecting payment through PayMac Inc. Winning bidders will be charged a 9.5% buyers premium and service fee on the auction item. Public Processing will deduct this fee from the proceeds collected and return all remaining auction proceeds to City.
FISCAL IMPACT: None.
ACTION REQUESTED: Motion to approve Resolution No. 23-6159, authorizing the Mayor to enter into an agreement with the Public Group, LLC, and PayMac Inc.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
23-6159.pdf
PayMac Inc. Agreement for Payment Processing.pdf
Signed - Public Surplus Seller Agreement.pdf
Signed - Susanville City Contract Scope of Work.pdf
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28 RESOLUTION NO. 23-6159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH
THE PUBLIC GROUP, LLC AND PAYMAC INC.
WHEREAS, certain City-owned vehicles, equipment, and miscellaneous supplies have accumulated and are no longer serviceable or are surplus to city needs for current operations; and
WHEREAS, state law requires surplus property to be disposed of at public auction; and
WHEREAS, staff have identified a web-based auction company to provide online bid boards, actions, and facilitates online transactions on www.publicsurplus.com for governmental bodies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby authorizes the Mayor to enter into an agreement with Public Group, LLC and PayMac Inc.
APPROVED:_______________________
Quincy McCourt, Mayor
ATTEST:________________________
Heidi Whitlock, City Clerk
The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Susanville held on the 5th day of July 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
52 PayMac, Inc.
Agreement for Payment Processing
PayMac, Inc. ("PayMac", "We" "Us") processes payments made by buyers of all types ("Buyers") for surplus goods and other property and assets sold by a governmental body or other party ("Seller" or "You") through online bid boards, auctions and stores, and other online transactions on www.publicsurplus.com and other websites (collectively, the "Site") operated by our affiliate, The Public Group, LLC, a Utah limited liability company that sometimes does business as "Public Surplus" ("Public Surplus").
If elected by You, PayMac will agree to receive and process payments made by Buyers and forward to You the amounts paid, in accordance with the terms set forth below. As a condition to accessing and using the Site and receiving the benefit of the payment processing services provided through the Site and otherwise (the "Services"), PayMac requires that You review and accept this Agreement for Payment Processing (this "Agreement").
BY REGISTERING TO USE THE SITE AND THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ACCEPT
THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR OTHERWISE USE THE SERVICES OR THE SITE. YOU AGREE THAT YOU HAVE RECEIVED GOOD AND VALUABLE CONSIDERATION IN EXCHANGE FOR ENTERING INTO THIS AGREEMENT.
1. ACCESSING THE SITE AND USING THE SERVICES
1.1. Eligibility. You may only use the Services if You are at least 18 years of age, are mentally competent, and can form legally binding contracts under applicable law. You may not assign or transfer Your account or user identification to any other party.
1.2. Seller Agreement with Public Surplus. By using our Site and the Services, You acknowledge, agree, and confirm that You have agreed to the form of the separate Seller Agreement with Public Surplus on the Site that is required to be accepted by you upon registration upon the Site (the "Seller Agreement"). In the event of any inconsistency between the provisions of this Agreement and the Seller Agreement, this Agreement will govern.
1.3. Seller Affirmations in Connection with Offers and Sales. In using the Site and Services, You agree as follows:
1. You will be responsible for delivering property sold using Your username and password.
2. You are fully capable of transferring title to the property offered for sale in a timely manner.
3. You are a real person or entity, with a verifiable address, telephone number and email address as provided to Us.
4. You are dealing in good faith and are not attempting to defraud, cheat, or wrong PayMac or any Buyer.
1.4. Accuracy and Nature of Your Information. You are solely responsible for all information You provide to Us or other users on the Site ("Your Information"). We act as a passive conduit for the 53 online distribution and publication of Your Information. You agree that Your Information (i) will not be false, inaccurate, or misleading; (ii) will not violate any law, statute, ordinance or regulation; and (iii) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. In providing Your Information, You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use and exercise the copyright, publicity, and database rights You have in Your Information for purposes of facilitating the communications and transactions made through the Site.
1.5. Fees. Fees apply for the Services available through the Site. Our fees may change from time to time as specified on the Site or by written communication to You (by e-mail or otherwise). You are responsible for paying all fees and any applicable taxes associated with transactions effected through the Site in a timely manner and with a valid payment method. You agree that the fees and any taxes due may be deducted and retained by Us from any payment amounts processed by Us. If Your payment method fails or Your account is past due, We may collect the fees and taxes owed using other collection mechanisms.
1.6. No Disruption to The Site or Services. You agree not to attempt any action that may disrupt the Site or the Services. Among other things, You agree that (i) Your Information and all other input on the Site will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other software, devices, files or routines that may damage, interfere with, copy, reproduce, intercept or expropriate any system, data or personal information; (ii) You will not create liability for Us or cause Us to lose (in whole or in part) the services of our Internet Service Providers or other vendors; (iii) You will not use the Site to obtain e-mail addresses for bulk e-mail solicitations or otherwise; (iv) You will not reverse engineer any of the Services, programs, or infrastructure; (v) You will not use any robot, spider, other automatic device, or manual process to monitor, copy or reproduce the Site or the content contained herein without our prior express written permission; and (vi) You will not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure.
1.7. User Password. During the registration process, You will select a username and a password. You agree that You are solely responsible for preserving the confidentiality of Your username and Your password, and You will be responsible for all activities and charges related to the use of Your username and password, including unauthorized use. You agree not to furnish Your username, password or other information to any other party for use of the Site and the Services. You agree to notify PayMac immediately of any unauthorized use of Your personal password or username and any other breach of security regarding the Services.
1.8. Obligation to Ensure Compliance with this Agreement. You agree that You will take all steps necessary to ensure that Your employees, contractors, and agents comply with the covenants, terms and provisions of this Agreement, including but not limited to the covenants contained in sections 1.6 and
7.8 of this Agreement. You acknowledge that You will be responsible and liable for any damages, claims, liabilities, and expenses of any kind suffered by PayMac arising from any and all actions or failures to act taken by any party using Your username and password or taken by Your employees, contractors, or agents, whether or not in accordance with the terms or intent of this Agreement. 54 1.9. Electronic Signature. You are notified by this statement that Your consent to these terms and conditions by checking the box indicating Your agreement to be bound to these terms, meets the requirements of Section 101(c) (1) (C) (ii), the Consumer Consent Provision, of the Electronic Signatures in Global and National Commerce Act (ESIGN). You may print these terms and conditions, but they are subject to change by Us. Changes to the terms and conditions will be effective from the time they are placed on the Site, in the terms and conditions section of the Site, or any other section where they may appear.
2. SELLER UNDERSTANDINGS AND OBLIGATIONS
In listing or offering items for sale on the Site or otherwise accessing the Site and Services in any way, You represent, warrant and agree to the following:
2.1. Shipment. At the close of an auction in which You have a winning bidder, You agree to make the property available for prompt pickup and/or shipment.
2.2. Deposits. Public Surplus and PayMac reserve the right to require an earnest money deposit prior to or during the listing on certain items at their sole discretion. Any such deposits will be retained and applied in their discretion.
2.3. Legal Compliance. You will comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Site and Services and the offer and sale of property. Offering property for sale with the intent not to complete the transaction, causing disruption to the sale process on the Site, and not completing transactions will be considered in most jurisdictions as fraud and may be prosecuted to the fullest extent of the law.
3. PAYMENT PROCESSING SERVICES
3.1. Scope of Payment Processing Services. In the event that You elect to have Us receive and process on Your behalf payments made by Buyers, You agree to the provisions set forth in this Agreement relating thereto. You understand and agree as follows:
1. The Services do not include risk or fraud management, dispute management, collection agency services, or electronic checks;
2. We will not perform Services with respect to transactions prohibited by the applicable laws or by bank, financial institution, or credit card association bylaws or rules;
3. We will not provide Services with incomplete transaction information or if transaction information cannot be confirmed;
4. We will only perform Services for domestic credit cards; and
5. You will not engage any other person to perform Services while we are providing them under this Agreement.
3.2 Buyer Steps & Procedures for Payment. We will receive and process payments on Your behalf only if Buyers make the payments by following the steps, instructions, and procedures included on the Site and sent by e-mail to winning Buyers and in compliance with applicable laws and bank, financial 55 institution, or credit card association rules and procedures (including but not limited to PCI Security Standards). Among other things, the payment for each successful bid must be made (a) to Public Surplus or PayMac, (b) by certain means (credit cards, wire transfers, etc.) specified on the Site that vary based upon the amount of the payment, (c) in a timely manner as specified on the Site, and (d) in a single payment by a single authorized means (no partial payments, multiple payments, or payment by two different means allowed).
3.3. Sales Tax Processing. If You elect, We will under the conditions specified in this Agreement, agree to receive sales tax payments made by Buyers and remit the sales tax payments to the applicable sales tax authority in the state in which You are located (the "State"). You understand and agree as follows:
1. We will receive and remit to the State sales tax amounts paid by Buyers only if and to the extent of the amount of sales tax with respect to a particular transaction is added to the price and other payments otherwise payable by the Buyers.
2. We rely on You to inform us of the applicable sales tax rate and to provide us with Your applicable tax identification number. You hereby authorize and direct Us to remit payment of the sales tax amounts directly to the applicable sales tax authority in the State using the tax identification number that You provide to Us.
3. Except for remitting funds we receive as payment for sales tax to the extent such funds exceed the price and other payments due from the Buyers, We will have no responsibility or liability for ensuring that payments are received and collected as required under all applicable laws or for making payment to any governmental body or authority entitled to sales or use tax payments.
4. We will receive and process sales tax payments on Your behalf only if Buyers make the payments by following the steps, instructions, and procedures included on the Site and sent by e-mail to winning Buyers and in compliance with applicable laws and bank, financial institution, or credit card association rules and procedures.
3.4. Liability and Risk of Loss for Failure to Pay, Charge Backs, and Other Items. You will bear the burden and risk of any and all loss, liability, and exposure arising from any of the following circumstances: (a) a Buyer does not make a payment, (b) a charge back occurs with respect to a payment made, (c) a payment is not made in good funds, (d) a check does not clear, (e) a refund to a Buyer is made, (f) fraud, deception, misrepresentation, or any other impropriety occurs with respect to a transaction or a payment, (g) the action, inaction, refusal, or delay of any bank, financial institution, or credit card association in processing any payment transaction, (h) the assessment of any fees, fines, or penalties by a bank, financial institution, or credit card association relating to a charge back or other matter, or (i) any other cause results in payment not being credited for a transaction involving Your property,. Because PayMac is merely processing payments for You, You understand that We assume no responsibility, burden, or risk of loss whatsoever for any of such circumstances. You expressly agree that We may offset the amounts arising from any such circumstances against other amounts payable by Us to You. You also agree that we may charge an extra processing fee if we make refunds relating to sales of Your property. You understand that the level of charge backs, fraud, or other circumstances may cause Us to decide to terminate rendering the Services under this Agreement.
3.5. PayMac Not A Seller, Nor A Collection Agency; No Consignment. You acknowledge and agree that PayMac does not (a) assume the role of seller of Your property, (b) make any representations or 56 statements about Your property, (c) act as a collection agency to collect monies unpaid by Buyers, (d) take consignment of Your property, nor (e) undertake or assume any other role or responsibility not contemplated by this Agreement. You agree that You and Your employees and representatives will not make any statements or act in any way inconsistent with PayMac's limited role under this Agreement.
3.6. PayMac Payment to You. PayMac will keep records of all amounts received in good funds on Your behalf. Except as provided in paragraph 3.7, PayMac will make payment to You monthly (unless otherwise agreed) of amounts received (net of fees, offsets, and any taxes). Unless otherwise agreed by Us, You agree that payment will only be made by Automated Clearing House (ACH) deposits to an account specified and properly maintained by You. You agree to provide promptly the authorizations needed for such ACH deposits and to be responsible and liable for any and all fees relating to such ACH deposits. You also agree to monitor the account and the deposits therein. You will bear the burden of any and all loss, liability, and risk of loss arising from any fraud, theft, mistake, or deception involving such ACH deposits, unless they arise from fraud, mistake, or deception by Us or our employees or agents.
3.7. Minimum Amount Required for Payment. PayMac will make payment to You, as set forth above, of all amounts received (net of fees, offsets, and any taxes) on Your behalf, so long as the total amount received exceeds $100. We will not make payments to You of $100 or less. Where any amount or amounts received on Your behalf do not exceed $100, payment will be made to You upon receipt of additional funds that bring Your balance in excess of $100. PayMac will own the interest on any balance held because it does not exceed $100. However, when You close Your account with Public Surplus and Us, any remaining balance will be paid to You, regardless of the minimum balance requirements stated above.
4. LIABILITY LIMITATIONS AND RELEASES
4.1. Absence of Liability. You will not hold PayMac responsible for actions or inactions of Buyers or other users, including the failure of a Buyer to take delivery or make payment for an item. You acknowledge that We and Public Surplus are not traditional auctioneers and We are not the Buyer of property sold through the Site. Instead, the Site provides a marketplace for users to offer, sell, and buy items of all kinds in a variety of pricing formats and venues. We are not involved in the actual transaction between You and Buyers. We have no control over and do not guarantee such things as the quality, safety, or legality of items advertised, the truth or accuracy of listings, the ability of Buyers to purchase and make payment for items, or the completion of a sale by You, even upon a successful bidding and acceptance process. Without limitation of the generality of the foregoing, We will not be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with the Site, the Services, or this Agreement.
4.2. Disclaimer of Warranties. THE SITE AND SERVICES, INCLUDING ALL CONTENT,
FUNCTIONS, MATERIALS AND INFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. PayMac DISCLAIMS
ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A 57 PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT. PayMac DOES NOT WARRANT THAT THE SERVICES, FUNCTIONS,
FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PayMac MAKES NO WARRANTY
THAT SALES WILL BE COMPLETED THROUGH THE SITE OR THAT THE SITE OR SERVICES
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS
ANY WARRANTIES OR GUARANTEES THAT BY LISTING THE LISTED ASSETS, THE LISTED ASSETS WILL BE SOLD. PayMac MAKES NO WARRANTY OF ANY KIND
REGARDING ANY LISTED ASSETS OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. PayMac EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF
ANY LISTED ASSETS SOLD ON OR THROUGH THE SITE OR THE SERVICES, AND ANY
RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY BUYER OR OTHER USER.
4.3. Interruption of Service. PayMac is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any solicitations, requests, offers, bids, auctions, or sales. You understand and acknowledge that the Site and the Services may be unavailable unexpectedly.
4.4. Third Party Links. The Site may contain links to other websites or resources for Your convenience in locating related information and services. You acknowledge and agree that PayMac is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that PayMac endorses the linked site. You use the links at Your own risk.
4.5. Release. If You have a dispute with a Buyer or any other Seller or user of the Site, You release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You will settle all disputes with other users of the Site without our involvement, and We will have no liability whatsoever arising from communications made or transactions effected through the Site. If You are a California resident, You waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
4.6. Indemnity. You agree to indemnify, defend and hold harmless PayMac from and against any and all debts, liabilities, obligations, claims, suits, judgments, damages, expenses, including attorney's fees, and demands, made or incurred by any third party arising out of Your breach or alleged breach of this Agreement or Your violation or alleged violation of any applicable law or any rights of a third party.
5. PRIVACY
We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent. We use Your information only as described in Public Surplus' Privacy Policy. We view protection of privacy as a very important community principle. We store and process Your 58 information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information You provide Us. For a complete description of how We use and protect Your personal information, see Public Surplus' Privacy Policy. If You object to Your Information being transferred or used in this way please do not use the Services.
6. TERMINATION OR SUSPENSION
PayMac reserves the right to suspend or terminate Your access to the Site and Services for any reason or no reason and without notice. Among other reasons, We may suspend or terminate Your access to the Services if (a) You breach any of the provisions of this Agreement; (b) We suspect that You have engaged in fraudulent activity of any kind in connection with the Site; (c) You manipulate the price of any item or interfere with another user's communications or transactions; (d) We are unable to verify or authenticate any information You provide to Us; or (e) We believe that Your actions may cause legal liability for You, our users or Us.
7. MISCELLANEOUS
7.1. Changes to Site and Services. PayMac may modify, suspend, or terminate any aspect of the Site and Services, including, but not limited to, content, auction features, news and information, and product categories without notice.
7.2. Record Keeping. PayMac cannot guarantee the preservation or maintenance of records relating to historical auction transactions and bidding activity and encourages You to keep individual records and an accounting of all activity conducted through the Site.
7.3. Notice and Communication. Unless stated otherwise, all notice and communication with You will be provided by e-mail to the e-mail address provided by You in Your registration application or via posting on the Site. Notice will be deemed to have been provided 24 hours after the e-mail was transmitted by PayMac or the information was posted on the Site.
7.4. Governing Law and Jurisdiction. This agreement is governed by the laws of the State of Nevada without regard to any conflict of law provisions. Any right to trial by jury with respect to any claim, action, suit or proceeding arising out of this agreement or any of the matters contemplated hereby is waived. You further agree to the exercise of personal jurisdiction in the State of Nevada in connection with any dispute or claim involving PayMac.
7.5. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
7.6. Waiver. The failure of PayMac to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision in the future. 59 7. 7. Independent Contractor Relationship. The relationship between You and PayMac is that of an independent contractor. No agency, partnership, joint venture or franchise relationship is implied, intended or created by this Agreement.
7.8. Intellectual Property. All inventions, know how, improvements, discoveries, methods, processes, concepts, designs, ideas, prototypes, samples, drawings, blueprints, specifications, computer or intellectual property programs, methods of doing business, data in Public Surplus' databases (including but not limited to databases containing bidders, buyers and other users of the Site and their names and contact information), systems, copyrights, trademarks, trade names, software and/or other works conceived of and/or reduced to practice or writing or otherwise relating in any way to the Site or the Services are the exclusive intellectual property of Public Surplus (the "Public Surplus IP").
In addition, all content contained on the Site is Public Surplus IP that is copyrighted material, and Public Surplus retains and reserves all rights and interests in the content. Public Surplus IP may be created by one or more of Public Surplus' employee(s) alone or jointly with a user or users of the Site or Services arising from the users' use and development of the Services or as a result of feedback regarding the Site or Services ("Feedback"). All right, title, and interest in any Public Surplus IP will belong to Public Surplus and will be subject to the conditions of this Agreement. You hereby irrevocably assign to Public Surplus all right, title, and interest You may acquire in any Public Surplus IP, whether or not generated from Feedback. Public Surplus may, at its option, file an application for intellectual property protection for Public Surplus IP. If any such Public Surplus IP is created with Your participation or Feedback, You agree to cooperate with Public Surplus to assure that such application(s) will cover, to the best of Your knowledge, all related assets, including all features of commercial interest and importance. Public Surplus IP is the sole and exclusive property of Public Surplus and may not be used, copied, reproduced, modified, published, transmitted, distributed, displayed, or sold, or derivative works created, without the prior written consent of Public Surplus. Furthermore, You may not provide access to, or information from, the Site to any other party without Public Surplus' prior written consent.
7.9. Copyrights. The Site may contain copyrighted, trademarked, or other proprietary materials that belong to third parties and are used with the ownerJs permission. You agree not to copy, modify, distribute, or create any derivative work from such materials without prior written consent from the owner. You will indemnify and hold Us harmless, as provided for previously in this Agreement, from any claim or demand made by a third party due to or arising out of your violation of any law or rights of a third party.
7.10. Trademarks. The Site and PayMac' tradenames, domain names and logos found on the Site are trademarks or service marks of PayMac. No display or use of such marks may be made without the express written permission of PayMac.
7.11. Assignment. This Agreement may not be assigned by You or by operation of law to any other person, persons, firms or corporations without the express written approval of PayMac. Any purported assignment in violation of this provision will be void. However, You agree that this Agreement and all incorporated agreements may be assigned and delegated by PayMac in our sole discretion to any party and will be assigned and delegated automatically in the event of a merger of PayMac with another party.
60 7.12. Entire Agreement. This Agreement constitutes the entire agreement between You and PayMac, and supersedes any previous agreements, whether oral or in writing, between You and PayMac relating to the subject matter hereof. PayMac may, at its sole discretion, remove or change any aspect of this Agreement at any time by providing notice to You.
7.13. Survival. The warranties, covenants and representations of the parties to this Agreement will survive termination of this Agreement.
7.14. Headings. Headings are for reference purposes only and in no way affect the interpretation of this Agreement.
7.15. Oral Statements by Representatives. Any oral statement or representation by any representative of PayMac changing or supplementing this Agreement or any terms of bidding or sale on the Site, is unauthorized and ineffective and confers no right on You and may not be relied upon by You. No interpretation or purported amendment or change of any provision of this Agreement, including applicable performance requirements, is binding on PayMac unless agreed to, in writing, by PayMac.
By: ____________________________
Zackary Corbett
Public Surplus
By: ___________________________
Quincy McCourt, Mayor
City of Susanville
Date: ___________________ Date: __5/16/2023______________________ Approved as to form:
By: _____________________________
Margaret E. Long
City Counsel
City of Susanville
61 Public Surplus
Seller Agreement
Public Group, LLC, a Utah limited liability company that sometimes does business as "Public Surplus" ("Public Surplus", "We" "Us"), provides online bid boards, auctions and stores and facilitates other online transactions on www.publicsurplus.com and other websites (collectively, the "Site") for governmental bodies and others ("Sellers" or "You") to sell surplus goods and other property and assets to buyers of all types ("Buyers"). As a condition to accessing and using the Site and receiving the benefit of Public Surplus' services provided through the Site and otherwise (the "Services"), Public Surplus requires that You review and accept this Seller Agreement (this "Agreement").
BY REGISTERING TO USE THE SITE AND THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH PUBLIC SURPLUS. IF YOU DO
NOT AGREE TO ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR OTHERWISE USE THE SERVICES OR THE SITE. YOU AGREE THAT YOU HAVE RECEIVED
GOOD AND VALUABLE CONSIDERATION IN EXCHANGE FOR ENTERING INTO THIS AGREEMENT.
1. ACCESSING OUR SITE AND USING OUR SERVICES
1.1. Eligibility. You may only use our Services if You are at least 18 years of age, are mentally competent, and can form legally binding contracts under applicable law. You may not assign or transfer Your account or user identification to any other party.
1.2. Seller Affirmations in Connection with Offers and Sales.. In using our Site and Services, You agree as follows:
(a) No contingency to Your sales offer exists other than those stated in the listing at the time of sale. (b) You will be responsible for delivering property sold using Your username and password. (c) You are fully capable of transferring title to the property offered for sale in a timely manner. (d) You are a real person or entity, with a verifiable address, telephone number and email address as provided to Us.
(e) You are dealing in good faith and are not attempting to defraud, cheat, or wrong Public Surplus or any Buyer.
1.3. Accuracy and Nature of Your Information. You are solely responsible for all information You 62 provide to Us or other users on our Site ("Your Information"). We act as a passive conduit for the online distribution and publication of Your Information. You agree that Your Information (i) will not be false, inaccurate, or misleading; (ii) will not violate any law, statute, ordinance or regulation; and (iii) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. In providing Your Information, You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use and exercise the copyright, publicity, and database rights You have in Your Information for purposes of facilitating the communications and transactions made through our Site.
1.4. Fees. Public Surplus charges no fees for You to register to list property for sale on the Site.
However, You will owe a transaction fee for each sale through the Site. Other fees may apply for other Services as shown on the Site. Our fees may change from time to time. You are responsible for paying all fees and any applicable taxes associated with transactions effected through the Site in a timely manner and with a valid payment method. If Your payment method fails or Your account is past due, We may collect fees owed using other collection mechanisms.
1.5. You agree not to attempt any action that may disrupt our Site or our Services. Among other things, You agree that (i) Your Information and all other input on our Site will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other software, devices, files or routines that may damage, interfere with, copy, reproduce, intercept or expropriate any system, data or personal information; (ii) You will not create liability for Us or cause Us to lose (in whole or in part) the services of our Internet Service Providers or other vendors; (iii) You will not use our Site to obtain e-mail addresses for bulk e-mail solicitations or otherwise; (iv) You will not reverse engineer any of our Services, programs, or infrastructure; (v) You will not use any robot, spider, other automatic device, or manual process to monitor, copy or reproduce our web pages or the content contained herein without our prior express written permission; and (vi) You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
1.6. User Password. During the registration process, You will select a username and a password. You agree that You are solely responsible for preserving the confidentiality of Your username and Your password, and You will be responsible for all activities and charges related to the use of Your username and password, including unauthorized use. You agree not to furnish Your username, password or other information to any other party for use of the Site and the Services. You agree to notify Public Surplus immediately of any unauthorized use of Your personal password or username and any other breach of security regarding the Services.
1.7. Obligation to Ensure Compliance with this Agreement. You agree that You will take all steps necessary to ensure that Your employees, contractors, and agents comply with the covenants, terms , and provisions of this Agreement, including but not limited to the covenants contained in sections 1.5 and 7.8 of this Agreement. You acknowledge that You will be responsible and liable for any damages, claims, liabilities, and expenses of any kind suffered by Public Surplus or any of Our affiliated companies arising from any and all actions or failures to act taken by any party using Your username 63 and password or taken by Your employees, contractors, or agents, whether or not in accordance with the terms or intent of this Agreement.
1.8. Consent to E-Mail Correspondence from Public Surplus. You hereby agree that We may send future correspondence to You via electronic mail ("e-mail") that notifies You of sales opportunities or other matters that We believe may interest You. Any e-mail correspondence to You (i) will be clearly and conspicuously identified as sent by Public Surplus; and (ii) will clearly and conspicuously display a functioning return e-mail address to enable You to reply to Public Surplus.
1.9. Electronic Signature. You are notified by this statement that Your consent to these terms and conditions by checking the box indicating Your agreement to be bound to these terms, meets the requirements of Section 101(c) (1) (C) (ii), the Consumer Consent Provision, of the Electronic Signatures in Global and National Commerce Act (ESIGN). You may print these terms and conditions, but they are subject to change by Us. Changes to the terms and conditions will be effective from the time they are placed on our Site, in the terms and conditions section of the Site, or any other section where they may appear.
2. SELLER UNDERSTANDINGS AND OBLIGATIONS
In listing or offering items for sale on our Site or otherwise accessing our Site and Services in any way, You represent, warrant and agree to the following:
2.1. Shipment. At the close of an auction in which You have a winning bidder, You agree to make the property immediately available for pickup and/or shipment.
2.2. Deposits. We reserve the right to require an earnest money deposit prior to or during the listing on certain items at our sole discretion. Any such deposits will be retained and applied in Public Surplus' discretion.
2.3. Legal Compliance. You will comply with all applicable laws, statutes, ordinances and regulations regarding Your use of our Site and Services and the offer and sale of property. You hereby release Us from any liability arising out of Your breach of this provision. Offering property for sale with the intent not to complete the transaction, causing disruption to the sale process on our Site, and not completing transactions will be considered in most jurisdictions as fraud and may be prosecuted to the fullest extent of the law.
3. PAYMENT PROCESSING SERVICES
3.1. Payment Processing Services Under Separate Agreement with Affiliate. In the event that You elect to have Our affiliate, PayMac, Inc ("PayMac"), receive and process on Your behalf payments 64 made by Buyers (the "Processing Services"), You agree to the provisions set forth in this Agreement and in a separate agreement with PayMac.
4. LIABILITY LIMITATIONS AND RELEASES
4.1. Absence of Liability. You will not hold Public Surplus responsible for actions or inactions of Buyers or other users, including the failure of a Buyer to take delivery or make payment for an item.
You acknowledge that We are not a traditional auctioneer and We are not the Buyer of property sold through our Site. Instead, the Site provides a marketplace for users to offer, sell, and buy items of all kinds in a variety of pricing formats and venues. We are not involved in the actual transaction between You and Buyers. We have no control over and do not guarantee such things as the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of Buyers to purchase and make payment for items, or the completion of a sale by You, even upon a successful bidding and acceptance process. Without limitation of the generality of the foregoing, We will not be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our Services, or this Agreement.
4.2. Disclaimer of Warranties. THE SITE AND SERVICES, INCLUDING ALL CONTENT,
FUNCTIONS, MATERIALS, AND INFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. PUBLIC SURPLUS
DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT. PUBLIC SURPLUS DOES NOT WARRANT THAT
THE SERVICES, FUNCTIONS, FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
PUBLIC SURPLUS MAKES NO WARRANTY THAT SALES WILL BE COMPLETED THROUGH
THE SITE OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING THE LISTED ASSETS, THE LISTED ASSETS WILL BE SOLD. PUBLIC SURPLUS
MAKES NO WARRANTY OF ANY KIND REGARDING ANY LISTED ASSETS OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. PUBLIC SURPLUS
EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY LISTED ASSETS
SOLD ON OR THROUGH THE SITE OR THE SERVICES, AND ANY RESPONSIBILITY FOR
ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY BUYER OR OTHER USER.
4.3. Interruption of Service. Public Surplus is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any solicitations, requests, offers, bids, auctions, or sales. You understand and acknowledge that the Site and our Services may be unavailable unexpectedly.
65 4.4. Third Party Links. The Site may contain links to other websites or resources for Your convenience in locating related information and services. You acknowledge and agree that Public Surplus is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that Public Surplus endorses the linked site. You use the links at Your own risk.
4.5. Release. If You have a dispute with a Buyer or any other Seller or user of our Site, You release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You will settle all disputes with other users of our Site without our involvement, and We will have no liability whatsoever arising from communications made or transactions effected through our Site. If You are a California resident, You waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
4.6. Indemnity. You agree to indemnify, defend and hold harmless Public Surplus from and against any and all debts, liabilities, obligations, claims, suits, judgments, damages, expenses, including attorney's fees, and demands, made or incurred by any third party arising out of Your breach or alleged breach of this Agreement or Your violation or alleged violation of any applicable law or any rights of a third party.
5. PRIVACY
We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent. We use Your information only as described in Public Surplus' Privacy Policy. We view protection of privacy as a very important community principle. We store and process Your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information You provide Us. For a complete description of how We use and protect Your personal information, see Public Surplus' Privacy Policy. If You object to Your Information being transferred or used in this way please do not use our services.
6. TERMINATION OR SUSPENSION
Public Surplus reserves the right to suspend or terminate Your access to our Site and Services for any reason or no reason and without notice. Among other reasons, We may suspend or terminate Your access to our Services if (a) You breach any of the provisions of this Agreement; (b) We suspect that 66 You have engaged in fraudulent activity of any kind in connection with our Site; (c) You manipulate the price of any item or interfere with another user's communications or transactions; (d) We are unable to verify or authenticate any information You provide to Us; or (e) We believe that Your actions may cause legal liability for You, our users or Us.
7. MISCELLANEOUS
7.1. Changes to Site and Services. Public Surplus reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of our Site and Services, including, but not limited to, content, auction features, news and information, and product categories without notice.
7.2. Record Keeping. Public Surplus cannot guarantee the preservation or maintenance of records relating to historical auction transactions and bidding activity and encourages You to keep individual records and an accounting of all activity conducted through our Site.
7.3. Notice and Communication. Unless stated otherwise, all notice and communication with You will be provided by e-mail to the e-mail address provided by You in their registration application or via posting on the Site. Notice will be deemed to have been provided 24 hours after the e-mail was transmitted by Public Surplus or the information was posted on the Site.
7.4. Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Utah. Any right to trial by jury with respect to any claim, action, suit or proceeding arising out of this Agreement or any of the matters contemplated hereby is waived. You further agree to the exercise of personal jurisdiction in the State of Utah in connection with any dispute or claim involving Public Surplus.
7.5. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
7.6. Waiver. The failure of Public Surplus to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision in the future.
7.7. Independent Contractor Relationship. The relationship between You and Public Surplus is that of an independent contractor. No agency, partnership, joint venture or franchise relationship is implied, intended or created by this Agreement.
7.8. Intellectual Property. All inventions, know how, improvements, discoveries, methods, processes, concepts, designs, ideas, prototypes, samples, drawings, documents, blueprints, specifications, computer or intellectual property programs, methods of doing business, data in Public Surplus' databases (including but not limited to databases containing bidders, Buyers and other users of the Site 67 and their names and contact information), systems, copyrights, trademarks, trade names, software and/or other works conceived of and/or reduced to practice or writing or otherwise relating in any way to the Site or the Services are the exclusive intellectual property of Public Surplus (the "Public Surplus IP"). In addition, all content contained on the Site is Public Surplus IP that is copyrighted material, and Public Surplus retains and reserves all rights and interests in the content. Public Surplus IP may be created by one of more of Public Surplus' employee(s) alone or jointly with a user or users of the Site or Services arising from the users' use and development of the Services or as a result of feedback regarding the Site or Services ("Feedback"). All right, title, and interest in any Public Surplus IP will belong to Public Surplus and will be subject to the conditions of this Agreement. You hereby irrevocably assign to Public Surplus all right, title, and interest You may acquire in any Public Surplus IP, whether or not generated from Feedback. Public Surplus may, at its option, file an application for intellectual property protection for Public Surplus IP. If any such Public Surplus IP is created with Your participation or Feedback, You agree to cooperate with Public Surplus to assure that such application(s) will cover, to the best of Your knowledge, all related assets, including all features of commercial interest and importance. Public Surplus IP is the sole and exclusive property of Public Surplus and may not be used, copied, reproduced, modified, published, transmitted, distributed, displayed, or sold, or derivative works created, without the prior written consent of Public Surplus. Furthermore, You may not provide access to, or information from, the Site to any other party without Public Surplus' prior written consent.
7.9. Copyrights. The Site may contain copyrighted, trademarked, or other proprietary materials that belong to third parties and are used with the owner's permission. You agree not to copy, modify, distribute, or create any derivative work from such materials without prior written consent from the owner. You will indemnify and hold Us harmless, as provided for previously in this Agreement, from any claim or demand made by a third party due to or arising out of your violation of any law or rights of a third party.
7.10. Trademarks. The Site and Public Surplus' tradenames, domain names and logos found on the Site are trademarks or service marks of Public Surplus. No display or use of such marks may be made without the express written permission of Public Surplus. All other designated trademarks or service marks are the property of their respective owners.
7.11. Assignment. This Agreement may not be assigned by You or by operation of law to any other person, persons, firms or corporations without the express written approval of Public Surplus.
However, You agree that this Agreement and all incorporated agreements may be assigned and delegated by Public Surplus in our sole discretion to any party and will be assigned and delegated automatically in the event of a merger of Public Surplus with another party.
7.12. Entire Agreement. This Agreement constitutes the entire agreement between You and Public Surplus, and supersedes any previous agreements, whether oral or in writing, between You and Public Surplus relating to the subject matter hereof. Public Surplus may, at its sole discretion, remove or change any aspect of this Agreement at any time by providing notice to You. 68 7.13. Survival. The warranties, covenants and representations of the parties to this Agreement will survive termination of this Agreement.
7.14. Headings. Headings are for reference purposes only and in no way affect the interpretation of this Agreement.
7.15. Oral Statements by Representative. Any oral statement or representation by any representative of Public Surplus changing or supplementing this Agreement or any terms of bidding or sale on the Site, is unauthorized and ineffective and confers no right on You and may not be relied upon by You.
No interpretation or purported amendment or change of any provision of this Agreement, including applicable performance requirements, is binding on Public Surplus unless agreed to, in writing, by Public Surplus.
7.16. Public videos are hosted on YouTube. When you upload a video for public viewing, we may upload it to YouTube. In this case, you must accept YouTube's Terms of Service as well.
By: ____________________________
Zackary Corbett
Public Surplus
By: ___________________________
Quincy McCourt, Mayor
City of Susanville
Date: ___________________ Date: __5/16/2023______________________ Approved as to form:
By: _____________________________
Margaret E. Long
City Counsel
City of Susanville
69 Scope of Work
A. Scope of Work Statement:
This Scope of Work Statement explains in general terms the services offered to Susanville City (“City”) by The Public Group, LLC (“Public Surplus,” “Contractor”) through Contractor’s online auction and surplus management system contact with Sourcewell.
B. Registration:
The Susanville City (“City”) will become a registered user on Public Surplus.
C. Training/Support:
Public Surplus will assist and train as many employees of the City as is necessary to utilize Contractor’s system for this Sale. Training will be done online and on dates and times convenient to the City. Public Surplus will also offer user support for City Monday-Friday 9 AM – 7 PM ET. City will have access to an account manager by cell phone after hours if needed to resolve any unforeseen training or support issues.
D. Auction Management:
City will have total control over their auction process. City will be responsible for pictures and descriptions of auction items and for creating the auction on Public Surplus’ site. This process is simple and usually takes only a few minutes per auction to create and list on Contractor’s site. The City will be responsible for answering buyer’s questions and basic auction management. City will be able to upload onto Contractor’s site its own terms and conditions of sale. Buyers must agree to City’s terms and conditions using their legally binding digital signature before they can bid on City’s auctions.
E. Payment/Fees:
Public Surplus outsources its payment processing to PayMac , Contractor’s third party payment processing affiliate. PayMac will process all payments made by buyers for City’s auctions. Winning bidders will be charged a [9.5%] Buyer’s Premium on auction items. Public Processing will deduct this fee from the proceeds collected and return all remaining auction proceeds to City. If City elects, Public Processing will receive sales tax payments made by buyers and remit those payments to the City. Public Processing will generally pay to City the net proceeds within 60 days after a buyer’s payment has cleared. For example, proceeds from an auction paid for in November will typically be paid to City during the first two weeks of January. If required, a Net 7 cycle is available at an additional 1% fee. Payments that do not exceed $100 will be paid upon receipt of additional proceeds that make the payment more than $100.
F. Auction Follow Up:
Public Surplus will notify the winning bidder by email that they need to contact City to arrange for pickup (and payment, if applicable) of the auction item. Buyers agree to these conditions of pickup and payment upon registration with Us. As noted above, City will be able to upload 1 70
onto Contractor’s site additional terms and conditions of sale, such as how long each buyer has to make payment and pickup an auction item. Buyers must agree to City’s terms and conditions using their legally binding digital signature before they can bid on City’s auctions.
G. Customization and Added Services:
Public Surplus realizes that no two agencies are the same. The City may have need for enhancements and additions to Contractor’s standard system to realize the full effectiveness of online auctions. Contractor is committed to working with City if these changes are needed.
Some of these services are customized reporting tools, integration to existing software, and customized branding. Contractor brings years of experience and Contractor’s desire to see each of Contractor’s clients succeed with this new and exciting technology.
H. Enhanced Auctions Services (Marketing and Sell Strategies):
Public Surplus is wiling to help the Susanville City with various marketing and sales strategies for all vehicles and heavy equipment and items of value over $5000. For support with all other items, the City’s Support Rep can be a resource to assist. Contractor’s marketing team is tasked with contacting bidders and sometimes selling agencies who have bid on similar items in the past. Their goal is to attempt to bring competition to the auctions in the hopes that it will increase auction totals.
I. Enhanced Auctions Services: (Auction Tech)
Public Surplus will provide an on-site auction technician to assist City with the auction creation process, including: taking photographs, gathering and writing descriptions, creating the auctions, and providing on-site assistance for item preview and pickup. There may be an additional fee for this service.
J. System Accessibility/Reliability:
The Public Surplus system is accessible 24 hours a day/7 days a week for buyers and sellers.
When Contractor takes down the system for maintenance it is done late at night so as not to interrupt service. Contractor’s servers are located in a secure environment with multiple redundant connections and equipment.
K. Terms and Conditions of Use:
This Scope of Work Statement (“Statement”) is intended to set forth in general terms the services offered to City by Public Surplus through Contractor’s on-line auction and surplus management system. These services are subject to the terms and conditions of use set forth in the on-line Seller Agreement, which is incorporated herein by reference as if set forth in full.
Nothing in this Statement is intended to supersede or take precedence over the terms and conditions of the Seller Agreement. If there is a conflict between a provision of this Statement and the Seller Agreement, the Seller Agreement shall control.
The Public Group, LLC
P.O. Box 50676
Provo, UT 84606
2 71
By: ____________________________
Zackary Corbett
Public Surplus
By: ___________________________
Quincy McCourt, Mayor
City of Susanville
Date: ___________________ Date: ____5/16/2023____________________ Approved as to form:
By: _____________________________
Margaret E. Long
City Counsel
City of Susanville
3 72
AGENDA ITEM NO. 9.B
Action Item
Submitted By: Cheyenne Ratkey, Fire
Action Date: July 5, 2023
SUBJECT: Consider Resolution No. 23-6160, authorizing the mayor to execute a personal property lease agreement with the Milford Fire Protection District.
PRESENTED BY: Tom Hernandez, Assistant Fire Chief
SUMMARY: In September 2008, the city entered into a personal property lease with Milford Fire Protection District for the use of a slip-in fire protection unit (Resolution No. 08-4436). The lease ended in September 2018. Fire department staff recommend the agreement be extended as Milford Fire Protection District still has a need for the equipment and the Susanville Fire Department currently does not.
Rent in the amount of $1.00 per year shall be paid to the Lessor (City) on September 1, 2023, and the first day of September each year thereafter during the term of the lease.
FISCAL IMPACT: $10.00 in lease payments over the term of the agreement.
ACTION REQUESTED: Motion to approve Resolution No. 23-6160, authorizing the mayor to execute a personal property lease agreement with the Milford Fire Protection District.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
23-6160.pdf
PERSONAL PROPERTY LEASE BETWEEN CITY OF SUSANVILLE AND MILFORD FIRE PROTECTION DISTRICT.docx
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28 RESOLUTION NO. 23-6160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
AUTHORIZING THE MAYOR TO EXECUTE A PERSONAL PROPERTY LEASE
AGREEMENT WITH MILFORD FIRE PROTECTION DISTRICT
WHEREAS, in September 2008, the City Council of the City of Susanville adopted Resolution No. 08-4436 which approved and authorized the Mayor to execute a personal property lease with Milford Fire Protection District for the use of a water-slip in unit; and WHEREAS, the Milford Fire Protection District leases said unit for an annual lease payment of $1.00, due and payable on September 1 of each year; and WHEREAS, Milford Fire Protection District is still in need of the water slip-in unit.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby approves and authorizes the Mayor to execute an extension of the personal property lease agreement with Milford Fire Protection District for the annual lease payment of $1.00.
APPROVED:___________________________
Quincy McCourt, Mayor
ATTEST:___________________________
Heidi Whitlock, City Clerk
The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Susanville held on the 5th day of July 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
74 PERSONAL PROPERTY LEASE BETWEEN
THE CITY OF SUSANVILLE AND
THE MILFORD FIRE PROTECTION DISTRICT
This is a lease, entered into, by and between the City of Susanville, whose interest in the subject personal property is that of the owner and is hereby referred to as LESSOR, and the Milford Fire Protection District, hereinafter referred to as a LESSEE.
Property: The property which is subject to this lease by Lessor is one slip-in fire protection unit.
TERM: The term of this lease shall commence on September 1, 2023, and continue through September 1, 2033.
TERMINATION: The Lessor or Lessee may terminate this lease at any time upon thirty days written notice. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the mailing.
RENT: Rent in the amount of $1.00 per year shall be payable to the Lessor on July 1, 2023, and the first day of July each year thereafter during the term of the lease.
MAINTENANCE: The lessee shall maintain the subject slip-in-fire protection unity in good repair, normal wear, and tear excepted.
INSURANCE: The Lessee shall insure said unit under Lessee’s normal policy covering lessee’s other equipment naming Lessor as loss payee as to this unit.
Dated: July 5, 2023
By: ___________________________ By: ____________________________ Quincy McCourt, Mayor
City of Susanville Milford Fire Protection District
Date: ___________________ Date: ________________________ Approved as to form:
By: _____________________________
Margaret E. Long, City Attorney
City of Susanville
75 AGENDA ITEM NO. 9.C
Action Item
Submitted By: Cody Loflin, Building & Planning Division Action Date: July 5, 2023
SUBJECT: Consider Resolution No. 23-6161, upholding, modifying, or disapproving the recommendation of the Susanville Planning Commission regarding the issuance of administrative citations against the property owners of 105 Russell Avenue.
PRESENTED BY: Cody Loflin, Code Enforcement Officer II
SUMMARY: The following matter was heard by the Susanville Planning Commission on Tuesday June 13, 2023 as an Administrative Appeal Hearing regarding the issuance of three administrative citations. The administrative citations were issued for violations of the Susanville Municipal Code relating to the enforcement of minimum property maintenance standards. The citations were issued against the property owners of 105 Russell Avenue. There are two parcels that are associated with this overall case, and they are both owned in partnership with the Tezak Family Trust and Marino Family Living Trust. Frank Marino, trustee of the Marino Family Living Trust requested this appeal hearing to deny responsibility for the alleged violations. William Tezak appeared on behalf of the Tezak Family Trust but did not provide the City of Susanville with a formal or timely appeal request. The Susanville Planning Commission provided a unanimous recommendation to the city council that the property owners are responsible for the violations and that the administrative citations should be upheld by the council.
Analysis:
Chapter 8.40 of the Susanville Municipal Code provides for administrative citations in addition to all other civil remedies and as an initial alternative to any criminal remedy which may be pursued by the city to address any violation of the Susanville Municipal Code. The city council has found administrative citations to be an appropriate method of enforcement as authorized by both the California Constitution, Article XI, Section 7, and California Government Code Section 53069.4.
A Notice of Violation was issued prior to the issuance of the citations.
SUSANVILLE CITY COUNCIL AGENDA ITEM
76 The Notice of Violation dated March 22, 2023, provided a 10-day compliance deadline which was not obeyed and conditions constituting a public nuisance were observed after the deadline of April 2, 2023.
Administrative citations must be paid in full within 21 days of issuance or have an appeal lodged within the same 21-day window. An appeal was received requesting this hearing.
Hearing:
No hearing to contest an administrative citation before the hearing board officer shall be held unless the fine has been deposited in advance in accordance with Section 8.40.100 or an advance deposit hardship waiver has been issued in accordance with Section
8.40.110.
A hearing before the hearing board officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter.
At the hearing, the administrative citation and any written report submitted by the enforcement official shall constitute prima facie evidence of the respective facts contained in the citation. Both the party contesting the administrative citation and the enforcement official shall be given the opportunity to testify and to present additional evidence concerning the administrative citation. Such evidence may include the testimony of other witnesses, or the introduction of documents or other evidence. Such testimony, written documents, or other evidence sought to be introduced shall not be limited to any legal rules of evidence, save and except for the rule that it shall be relevant and material to the issues of whether the violation alleged in the citation occurred and whether the person cited committed, caused or was responsible for the violation. Admission of evidence and the conduct of the hearing shall be controlled by the hearing board in accordance with the fundamentals of due process.
The hearing board may limit the total length of the hearing to one hour and shall allow the appellant at least as much time to present its case as is allowed the city.
The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.
The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
77 The hearing board may continue the hearing and request additional information from the enforcement official or the recipient of the administrative citation prior to issuing a written decision.
After considering all the testimony and evidence submitted at the hearing, the hearing board shall issue a written recommendation to the city council to uphold or cancel the administrative citation and shall list in the decision the reasons for that recommendation. The city council shall make the final decision to uphold or cancel the administrative citation at the next regular meeting of that body in which the decision on the administrative citation can be legally calendared. That decision shall be final.
FISCAL IMPACT: $800 in potential revenues to the General Fund if citations are upheld and the fines collected.
ACTION REQUESTED: Motion to approve Resolution No. 23-6161, upholding, modifying, or disapproving the recommendation of the Susanville Planning Commission regarding the issuance of Administrative Citations against the property owners of 105 Russell Avenue.
ATTACHMENTS:
23-6161 Approving Resolution.doc
23-6161 Disapproving Resolution.doc
23-6161 Modifying Resolution.doc
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28 RESOLUTION NO. 23-6161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
UPHOLDING THE RECOMMENDATION OF THE SUSANVILLE PLANNING COMMISSION
REGARDING THE ISSUANCE OF ADMINISTRATIVE CITATIONS AGAINST THE PROPERTY OWNERS OF 105 RUSSELL AVENUE
WHEREAS, California Government Code Sections 36901, 38771, and 38773.5(a) authorizes the City of Susanville to enact ordinances declaring what constitutes a nuisance, the procedures for abating nuisance conditions, providing for the recovery of costs and attorney fees to abate the nuisance, and providing for the collection of civil penalties; and WHEREAS, the Susanville City Council adopted Ordinance 17-1011, that declares what constitutes a nuisance, and adopted Chapter 8.40 and 8.52 of the Susanville Municipal Code to outline property maintenance standards and the issuance of administrative citations for the enforcement of violations of said standards; and WHEREAS, Susanville Code Enforcement issued Administrative Citations pursuant to the provisions outlined in Chapter 8.40 of the Susanville Municipal Code for violations of Ordinance 17-1011 against the property owners of 105 Russell Avenue, The Tezak Family Trust and the Marino Family Living Trust; and
WHEREAS, Frank Marino, Trustee of the Marino Family Living Trust requested an appeal hearing regarding the issuance of Administrative Citations issued against 105 Russell Avenue which was heard by the Susanville Planning Commission on June 13, 2023; and WHEREAS, the Susanville Planning Commission provided a unanimous recommendation to the Susanville City Council to uphold the issuance of three administrative citations, COS2023-0006, COS2023-0013, and COS2023-0020, for violations of the Susanville Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby upholds the recommendation of the Susanville Planning Commission regarding the issuance of administrative citations for violations of the Susanville Municipal Code against the property owners of 105 Russell Avenue.
APPROVED:_______________________
Quincy McCourt, Mayor
ATTEST:_______________________
Heidi Whitlock, City Clerk
The foregoing resolution was adopted at a regular meeting of the City Council of the City of Susanville, held on the 5th day of July 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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28 _____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
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28 RESOLUTION NO. 23-6161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
DISAPPROVING THE RECOMMENDATION OF THE SUSANVILLE PLANNING
COMMISSION REGARDING THE ISSUANCE OF ADMINISTRATIVE CITATIONS AGAINST THE PROPERTY OWNERS OF 105 RUSSELL AVENUE
WHEREAS, California Government Code Sections 36901, 38771, and 38773.5(a) authorizes the City of Susanville to enact ordinances declaring what constitutes a nuisance, the procedures for abating nuisance conditions, providing for the recovery of costs and attorney fees to abate the nuisance, and providing for the collection of civil penalties; and WHEREAS, the Susanville City Council adopted Ordinance 17-1011, that declares what constitutes a nuisance, and adopted Chapter 8.40 and 8.52 of the Susanville Municipal Code to outline property maintenance standards and the issuance of administrative citations for the enforcement of violations of said standards; and WHEREAS, Susanville Code Enforcement issued Administrative Citations pursuant to the provisions outlined in Chapter 8.40 of the Susanville Municipal Code for violations of Ordinance 17-1011 against the property owners of 105 Russell Avenue, The Tezak Family Trust and the Marino Family Living Trust; and
WHEREAS, Frank Marino, Trustee of the Marino Family Living Trust requested an appeal hearing regarding the issuance of Administrative Citations issued against 105 Russell Avenue which was heard by the Susanville Planning Commission on June 13, 2023; and WHEREAS, the Susanville Planning Commission provided a unanimous recommendation to the Susanville City Council to uphold the issuance of three administrative citations, COS2023-0006, COS2023-0013, and COS2023-0020, for violations of the Susanville Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby disapproves the recommendation of the Susanville Planning Commission regarding the issuance of administrative citations for violations of the Susanville Municipal Code against the property owners of 105 Russell Avenue.
BE IT FURTHER RESOLVED that the City Council of the City of Susanville hereby cancels all administrative citations issued against the property owners of 105 Russell Avenue.
APPROVED:_______________________
Quincy McCourt, Mayor
ATTEST:_______________________
Heidi Whitlock, City Clerk
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28 The foregoing resolution was adopted at a regular meeting of the City Council of the City of Susanville, held on the 5th day of July 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
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28 RESOLUTION NO. 23-6161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
MODIFYING THE RECOMMENDATION OF THE SUSANVILLE PLANNING COMMISSION
REGARDING THE ISSUANCE OF ADMINISTRATIVE CITATIONS AGAINST THE PROPERTY OWNERS OF 105 RUSSELL AVENUE
WHEREAS, California Government Code Sections 36901, 38771, and 38773.5(a) authorizes the City of Susanville to enact ordinances declaring what constitutes a nuisance, the procedures for abating nuisance conditions, providing for the recovery of costs and attorney fees to abate the nuisance, and providing for the collection of civil penalties; and WHEREAS, the Susanville City Council adopted Ordinance 17-1011, that declares what constitutes a nuisance, and adopted Chapter 8.40 and 8.52 of the Susanville Municipal Code to outline property maintenance standards and the issuance of administrative citations for the enforcement of violations of said standards; and WHEREAS, Susanville Code Enforcement issued Administrative Citations pursuant to the provisions outlined in Chapter 8.40 of the Susanville Municipal Code for violations of Ordinance 17-1011 against the property owners of 105 Russell Avenue, The Tezak Family Trust and the Marino Family Living Trust; and
WHEREAS, Frank Marino, Trustee of the Marino Family Living Trust requested an appeal hearing regarding the issuance of Administrative Citations issued against 105 Russell Avenue which was heard by the Susanville Planning Commission on June 13, 2023; and WHEREAS, the Susanville Planning Commission provided a unanimous recommendation to the Susanville City Council to uphold the issuance of three administrative citations, COS2023-0006, COS2023-0013, and COS2023-0020, for violations of the Susanville Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby modifies the recommendation of the Susanville Planning Commission regarding the issuance of administrative citations for violations of the Susanville Municipal Code against the property owners of 105 Russell Avenue.
BE IT FURTHER RESOLVED that the City Council of the City of Susanville hereby takes the following action:
1. Administrative Citation COS2023-0006 shall be upheld/canceled.
2. Administrative Citation COS2023-0013 shall be upheld/canceled.
3. Administrative Citation COS2023-0020 shall be upheld/canceled.
4. The total administrative penalty shall be $XXX.XX
APPROVED:_______________________
Quincy McCourt, Mayor
ATTEST:_______________________
Heidi Whitlock, City Clerk
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28 The foregoing resolution was adopted at a regular meeting of the City Council of the City of Susanville, held on the 5th day of July 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
84 AGENDA ITEM NO. 9.D
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: July 5, 2023
SUBJECT: Consider purchase of Hangar #30 at the Susanville Municipal Airport PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: As part of the agreement between the City of Susanville and those currently owning hangars at the Susanville Municipal Airport, the city has first right of refusal when a current owner decides to sell his/her hangar. At this time, Julie Johnston, Power of Attorney for Les Evans owner of Hangar #30, has submit a notice of intent to sell Hangar #30 for $50,000.00. Hangar #30 is 2,016 square feet.
The anticipated return on investment is between 20-21 years for the purchase of the hanger assuming a renter was obtained immediately, minimal repairs were required, and annual rent of $2,400 with an 2% increase annually was collected thereafter as subject to lease agreement terms.
FISCAL IMPACT: $50,000.00 if purchased
ACTION REQUESTED: Provide direction to staff
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
Hangar Map.pdf
Letter of Intent to Sell Hangar Lot 30.pdf
DPA Recorded Fredric L Evans.pdf
ROI IF PURCHASED.pdf
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PURCHASE PRICE : 50,000.00 $
YEARS 1 2 3 4 5 10 15 16 17 18 19 20 21 22 23 24 25ESTIMATED RENT INCOME 2,400 $ 2,448 $ 2,497 $ 2,547 $ 2,598 $ 2,868 $ 3,167 $ 3,230 $ 3,295 $ 3,361 $ 3,428 $ 3,496 $ 3,566 $ 3,638 $ 3,710 $ 3,785 $ 3,860 $ MAINTENENACE EXPENSES 505 $ 515 $ 506 $ 516 $ 507 $ 519 $ 512 $ 522 $ 513 $ 523 $ 514 $ 524 $ 515 $ 525 $ 516 $ 526 $ 517 $ NET ANNUAL REVENUE 1,895 $ 1,933 $ 1,991 $ 2,031 $ 2,091 $ 2,349 $ 2,655 $ 2,708 $ 2,782 $ 2,837 $ 2,914 $ 2,972 $ 3,051 $ 3,112 $ 3,194 $ 3,258 $ 3,343 $ CUMMULATIVE REVENUE 1,895 $ 3,828 $ 5,819 $ 7,850 $ 9,940 $ 21,159 $ 33,809 $ 36,517 $ 39,299 $ 42,136 $ 45,050 $ 48,022 $ 51,073 $ 54,185 $ 57,380 $ 60,638 $ 63,981 $ ROI 4% 8% 12% 16% 20% 42% 68% 73% 79% 84% 90% 96% 102% 108% 115% 121% 128% ANTICIPATED RETURN ON INVESTMENT AIRPORT HANGAR 30
COSTS ESCALATED AT 2% ANNUALLY
93 AGENDA ITEM NO. 13.A
Discussion Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: July 5, 2023
SUBJECT: Department reports
PRESENTED BY: Dan Newton, City Administrator
SUMMARY: The City Administrator Reports section of the agenda is designed for the Administrator and Department Heads to address the Council on a variety of topics, as needed.
FISCAL IMPACT: None.
ACTION REQUESTED: Information only
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
94 AGENDA ITEM NO. 14.A
Discussion Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: July 5, 2023
SUBJECT: Future Council Items
PRESENTED BY: Dan Newton, City Administrator
SUMMARY: Any person may address the Council during Business from the Floor and throughout the City Council agenda's staff reports and agenda items. To encourage public participation in City Council meetings and address items brought forth to the podium by the public, staff has compiled a list from the past 3 months of City Council meetings and categorized items brought forth to the podium by date the comment was received, agenda item topic comment was received on, and public comments received during Business from the Floor for Council's review and to help staff prioritize and address public items.
FISCAL IMPACT: None.
ACTION REQUESTED: Informational item with possible direction to staff.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
20230705 Items from the Podium.pdf
95 MEETING
DATE
BUSINESS FROM THE FLOOR
4/5/2023 Consider monthly maintenance and operations costs of proposed supportive housing project 4/5/2023 Consider providing information on cost of proposed supportive housing project facility 4/5/2023 Consider difficulties on obtaining medical professionals and staffing for proposed supportive housing project
4/5/2023 Consider proposed supportive housing facilities impact on safety to community and impact on police and sheriff
4/5/2023 Consider proposed supportive housing facility hiring own facility security force 4/5/2023 Consider lack of local contractors allowed to bid on proposed supportive housing project 4/5/2023 Consider updating public on city plans for Barry Creek Reservoir 4/19/2023 Consider asking members of the public who attend meetings to refrain from snickering and talking while members are at the podium
4/19/2023 Consider council members respecting members of the public who speak up at meetings 4/19/2023 Consider Constitution and Bill of Rights at local government rulings 4/19/2023 Consider donating helicopter sale funds to the American Legion/VFW 5/3/2023 Consider concern with fence located at 63 S. Weatherlow property and consider reduction of abatement extensions awarded by Planning Commission
5/3/2023 Consider support of affordable housing projects within community 5/3/2023
Consider using ARPA Funding for pickleball courts near the Susanville Bark Park or resurface Memorial Park tennis courts and direct staff to begin working on placement, research, and allocation of time towards pickleball courts within the community 5/3/2023 Consider providing information on camping ordinance within city limits 5/17/2023 Consider reducing hate within the community
5/17/2023 Consider appointing a policy maker to the Planning Commission to streamline change 5/17/2023 Consider supporting Lassen Family Service's CASA program and Volunteer Appreciation Fundraising event held on May 20, 2023
6/7/2023 Consider issuing a public statement from the City Council about vandalism and hate crimes occurring within the community
6/7/2023 Consider supporting LGBTQ+ community
6/21/2023
Consider not responding to items from the podium in a manner in which could be perceived as a lecture to the community and public in attendance to meetings and consider all items brought to the podium as community concern
6/21/2023 Consider continued support of Hot Wheels Guinness World Record attempts in community 96 FUTURE COUNCIL ITEMS
Update on Charging Station
Discussion regarding MOU with Lassen Historical Society City of Susanville App
Discussion on Council goal setting
Discussion regarding Public Comment Options
Discussion regarding American Rescue Plan Act Funding (ongoing) Update on Farmer's Market
Discussion regarding fireworks ordinance
Discussion regarding city vehicle and equipment surplus auction Update on Animal Shelter agreement (how many animals, cost of, etc.) Discussion regarding lack of inventory of affordable low-income housing in support of Lassen Family Services
Discussion regarding broadband improvements in Lassen County Semi-annual or annually report on tax measure expenditures if tax measure passes Discussion on collaboration with Lassen County and Susanville Indian Rancheria and City of Susanville to hire a liaison to collaborate with all three entities Discussion regarding options to work with community on animal control and animal shelter agreement
Discussion regarding Councilmembers volunteering on projects Discussion regarding placing signage at Community Garden Discussion regarding partnership with Lassen Family Services in efforts to prioritize youth Discussion regarding amendments to cannabis ordinance
Discussion regarding Council trainings and nepotism recusal policy trainings Update on K-9 program
Discussion regarding homelessness within the community
Discussion regarding tier two of shopping cart ordinance and enforcement of ordinance Discussion regarding increased theft within the community and increase council support to police department
Discussion regarding council personal social media accounts Discussion regarding proclamation declaring Susanville as a sanctuary city for the unborn Discussion regarding bringing Airport Capital Improvement Plan to council earlier in the year Discussion proving funding to police department facility renovation Discussion regarding banner permits
Discussion regarding dog ordinance
Discussion regarding street legal ATV and golf cart ordinance Discussion regarding Veterans preference in hiring
Discussion regarding city's airport hangar current use as a city storage Discussion regarding graffiti
Discussion regarding dog control and nuisance ordinance Update from LARP on Community Garden
Discussion regarding the sale or lease of Diamond Mountain Golf Course Update on Speed Survey
Discussion regarding LARP Agreement for Operation and Maintenance of Susanville Community Garden
Discussion regarding County housing development on city property options Discussion regarding Memorial Park Tennis Court ordinance change to include pickleball and discussion of city pickleball courts
Update on Police Department grooming standards policy and uniform policy Discussion regarding proclamation for KSUE 75 years of service Discussion regarding donation to American Legion/VFW
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