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 REAL PROPERTY NEGOTIATOR - pursuant to Government Code Section §54956.8
Property: Ramsey Ditch
Agency Negotiator: Dan Newton, City Administrator
Negotiating Party: Kim Dieter
Under Negotiation: Price/Terms
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
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 August 16, 2023 regular meeting and the August 21, 2023 special meeting.
6.B Vendor and payroll warrants
6.C Consider Resolution No 23-6202, approving and authorizing the modification of members and conditions to the Memorandum of Understanding with the Firefighters Bargaining Unit
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, September 6, 2023 – 4:30 PM
1 6.D Consider Resolution No. 23-6203, approving and authorizing the modification of members and condition to the Memorandum of Understanding with the Susanville Police Officers Association Bargaining Unit
6.E Consider Resolution No. 23-6204, approving and authorizing the the modification of members and conditions to the memorandum of understanding with the Administrative Bargaining Unit.
6.F Consider Resolution No. 23-6200, approving and accepting a donation of $1,000.00 from the Walmart Charitable Foundation
6.G Consider Resolution No. 23-6201, supporting closure of Main Street (State Route 36) from Fair Drive to the Veterans Memorial building located at 1205 Main Street and authorizing closure of Fair Drive from Russell Avenue to Main Street for the Veterans Day parade on Saturday, November 11, 2023, from 10:00am to 12:00pm
6.H Consider Resolution No. 23-6205, authorizing the Public Works Director to close one block of Richmond Rd in front of 601 Richmond Road for the purpose of Lassen Land & Trails Trust Annual Rails to Trails Festival and Handcar Races held on October 7, 2023.
6.I Consider Resolution No. 23-6199, authorizing the Public Works Director to close one block of Sunkist Drive in front of the Senior Center for the purpose of a Superhero Fun Run and walk on Saturday, September 30, 2023
6.J Consider Resolution No. 23-6206, authorizing the Public Works Director to intermittently close one block of Richmond Rd in front of 601 Richmond Rd. for the purpose of Lassen Land and Trail Trust annual Gravel Adventure Ride held on September 9, 2023.
6.K Consider Resolution No. 23-6208, supporting the Lassen County Chamber of Commerce, Safe and Sane Halloween event on Tuesday, October 31, 2023, with the street closure from 12:00pm to 6:00pm.
6.L Consider Resolution No. 23-6214, accepting award from Lassen Municipal Utility District's Public Benefits Community Projects program and authorizing the Finance Manager to increase the Susan River Clean Up Project 1011 Fund in the amount of $23,000
6.M Approved Position List
7. PUBLIC HEARINGS:
7.A Consider Resolution No. 23-6212, approving a Use Permit/Rezone/General Plan Amendment/Initial Study #22-009 to allow a 70 Space Recreational Vehicle Park at 300 Bella Way on a 10.19 Acre Parcel for the Thompson Family Trust.
7.B Conduct Cost Recovery Public Hearing Case # LN2023-001 and consider Resolution No. 23- 6177, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6178, approving the recordation of a lien against real property at 1135 Brian Court.
7.C Conduct Cost Recovery Public Hearing on Case # LN2023-002 and consider Resolution No. 23-6179, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6180, approving the recordation of a lien against real property at 713 Cottage Street.
7.D Conduct Cost Recovery Public Hearing on Case # LN2023-003 and consider Resolution No. 2 23-6181, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6182, approving the recordation of a lien against real property at 811 Cottage Street.
7.E Conduct Cost Recovery Public Hearing on Case # LN2023-004 and consider Resolution No. 23-6183, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6184, approving the recordation of a lien against real property at 50 South Gay Street.
7.F Conduct Cost Recovery Public Hearing on Case # LN2023-005 and consider Resolution No. 23-6185, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6186, approving the recordation of a lien against real property at 610 Juniper Street.
7.G Conduct Cost Recovery Public Hearing on Case # LN2023-006 and consider Resolution No. 23-6187, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6188, approving the recordation of a lien against real property at 713 Cottage Street.
7.H Conduct Cost Recovery Public Hearing on Case # LN2023-007 and consider Resolution No. 23-6189, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6190, approving the recordation of a lien against real property at 50 South Gay Street.
7.I Conduct Cost Recovery Public Hearing on Case # LN2023-008 and consider Resolution No. 23-6191, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6192, approving the recordation of a lien against real property at 811 Cottage Street.
7.J Conduct Cost Recovery Public Hearing on Case # LN2023-009 and consider Resolution No. 23-6193, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6194, approving the recordation of a lien against real property at 732 Main Street.
7.K Conduct Cost Recovery Public Hearing on Case # LN2023-010 and consider Resolution No. 23-6195, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6196, approving the recordation of a lien against real property at 801 Main Street.
7.L Conduct Cost Recovery Public Hearing on Case # LN2023-011 and consider Resolution No. 23-6197, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6198, approving the recordation of a lien against real property at 1005 North Street.
7.M Conduct Cost Recovery Public Hearing on Case # LN2023-012 and consider Resolution No. 23-6209, approving a cost report of costs associated with the abatement of nuisance conditions at 10 Santa Paula Street and, if approved, consider subsequent Resolution No. 23- 6210, approving the recordation of the special assessment against real property at 10 Santa Paula Street and requesting the inclusion of said special assessment on the county tax rolls.
8. COUNCIL DISCUSSION/ANNOUNCEMENTS:
9. NEW BUSINESS:
3 9.A Consider Resolution No. 23-6207, authorize the closure of Main Street from North Weatherlow St. to Alexander Ave. on September 29, 2023 for the Lassen High School Homecoming Parade between 1:00 p.m. and 4:00 p.m. Further, authorize the Public Works Director to execute a Caltrans Encroachment Permit application as required and authorize the Finance Director to adjust the budget as necessary for this event.
9.B Consider approval of Councilmember discretionary funds in support of the homecoming parade.
9.C Consider Resolution No. 23-6175, authorizing the Mayor to execute agreement with AquaTech to clean and inspect the city of Susanville's five water tanks and authorize the Finance Director to increase the 7114 Water Capital Improvement budget in the amount of $30,075
9.D Discussion regarding General Plan Updates including the Housing Element 2024 and General Plan 2025-2050 updates.
9.E Consider Resolution No. 23-6211, authorizing City Administrator to execute a new phone system monthly agreement between Computer Logistics and the city of Susanville, the City Administrator to enter into an agreement with Computer Logistics for the installation and procurement of telecommunications equipment, and further authorizes the Finance Director to make the necessary budget increase and allocate the cost across all departments.
9.F Consider Resolution No. 23-6215, awarding bid to Kirack Construction Inc. for the replacement of Memorial Park Bathroom.
9.G Consider Resolution No. 23-6217, receiving and accepting donation from the Susanville Police Officer Association
10. SUSANVILLE COMMUNITY REDEVELOPMENT AGENCY:
11. SUSANVILLE MUNICIPAL ENERGY CORPORATION:
12. CONTINUING BUSINESS:
12.A Consider Resolution No. 23-6213, approving and authorizing the Mayor to execute a standard agreement with TischlerBise Fiscal, Economic, and Planning Consultants to perform an Impact Fee Study pertaining to Fire, Police, and Transportation.
12.B Consider Resolution No. 23-6218, authorizing City Administrator to enter into an agreement with Peckham & McKinney for recruitment services for the recruitment of an Economic Development Director.
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 September 20, 2023 at 4:30PM.
Reports and documents relating to each agenda item are on file in the Office of the City Clerk and are 4 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 September 6, 2023 in the areas designated on September 1, 2023.
5 AGENDA ITEM NO. 6.A
Action Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: September 6, 2023
SUBJECT: Minutes of the City Council's August 16, 2023 regular meeting and the August 21, 2023 special meeting.
PRESENTED BY: Heidi Whitlock, City Clerk
SUMMARY: Attached for the Council’s review are the minutes of the City Council’s August 16, 2023 regular meeting and the August 21, 2023 special meeting.
FISCAL IMPACT: None
ACTION REQUESTED: Motion to waive the reading of and approval to receive and file the City Council's August 16, 2023 regular meeting and August 21, 2023 special meeting minutes.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
230816.cc.min.draft.pdf
230821.cc.spec.min.draft.pdf
6 SUSANVILLE CITY COUNCIL
Regular Council Meeting Minutes
WEDNESDAY, AUGUST 16, 2023 – 4:30 PM
Mayor pro tem Herrera called the meeting to order at 4:30p.m.
Roll Call of Councilmembers Present: Herrera, Schuster, Brown
Absent: McCourt, Stafford
1. APPROVAL OF AGENDA:
Moved by Schuster; seconded by Brown, to approve the agenda with the changes as recommended by City Administrator Dan Newton to include item 13A being heard immediately after 9B as well as a presentation of the new vehicle acquired by the Police Department.
Motion Carried: 3 - 0
Voting For: Herrera, Schuster, Brown
Voting Against: None
Absent: McCourt, Stafford
2. PUBLIC COMMENT REGARDING CLOSED SESSION ITEMS (if any): No public comment
3. CLOSED SESSION: The City Council convened in closed session at 4:35p.m. to discuss the following items:
A. PUBLIC EMPLOYMENT - pursuant to Government Code Section §54957
1. Economic Development Director
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - pursuant to Government Code Section §54956.8
1. Name of Case: Cargill v. city of Susanville
4. RETURN TO OPEN SESSION: The Council reconvened in open session at 5:01p.m.
The Pledge of Allegiance and Invocation were provided.
Mr. Newton stated that the Council met in closed session to discuss the above-mentioned items, that direction was provided to staff; however, no reportable action was taken.
Ryan Cochran, Chief of Police, presented the department’s newly acquired vehicle.
Mr. Newton provided an explanation on the employee recognition program.
Bob Godman recognized Pat Thomson, Mechanic, for 5 years of service.
Tom Hernandez, Acting Fire Chief, recognized Leon Myers, Fire Captain, for 10 years of service.
Chandra Jabbs, Finance Director, recognized Alicia Cordova, Account Tech I, for 10 years of service and Stefanie Steward, Account Tech II, for 5 years of service.
Mr. Newton recognized Bob Godman, Public Works Director, for 15 years of service.
Mayor pro tem Herrera offered words to those recognized.
5. BUSINESS FROM THE FLOOR: Amy Holmen, Lassen Land & Trails Trust, provided information on two events coming up in September and October. 7 Jacqui Henry requested a moment of silence for Maui.
6. CONSENT CALENDAR:
6.A Minutes of the City Council's August 2, 2023, regular meeting. 230802.cc.min.draft.pdf
Motion to waive the reading of and approval to receive and file the City Council's August 2, 2023, regular meeting minutes.
Moved by Brown; seconded by Schuster to approve.
Motion Carried: 3- 0
Voting For: Herrera, Schuster, Brown
Voting Against: None
Absent: McCourt, Stafford
6.B Consider Resolution No. 23-6174, approving agreement with NextRequest for Public Records Request software.
Updated CA - NextRequest - discounted.pdf
23-6174.pdf
Motion to approve Resolution No. 23-6174, approving agreement with NextRequest for Public Records Request platform.
Moved by Schuster; seconded by Brown to approve.
Motion Carried: 3- 0
Voting For: Herrera, Schuster, Brown
Voting Against: None
Absent: McCourt, Stafford
7. PUBLIC HEARINGS: No business.
8. COUNCIL DISCUSSION/ANNOUNCEMENTS: Mayor pro tem Herrera provided both the Land Acknowledgment Statement and the city's Mission Statement.
9. NEW BUSINESS:
9.A Appointment of Voting Delegate and Alternates for the League of California Cities Annual Conference to be held on September 20-22, 2023.
Mr. Newton provided a brief explanation of the item and requested direction from the Council as to who would be going and who would be the designated voting delegate. He added that Mayor McCourt would like to attend, as would two other councilmembers.
Mayor pro tem inquired as to whether all five Council members could be in attendance to which Ms. Long, City Attorney, stated that they could as it is a conference.
Councilmember Schuster stated that she would prefer to bow out due to budgetary reasons if everyone else would like to go.
It was the consensus of the Council to have Mayor McCourt attend as the voting delegate, and Mayor pro tem Herrera and Councilmember Brown attend as the alternates. 8 Motion to have Mayor McCourt attend as the voting delegate, and Mayor pro tem Herrera and Councilmember Brown attend as the alternates.
Moved by Schuster; seconded by Brown to authorize.
Motion Carried: 3- 0
Voting For: Herrera, Schuster, Brown
Voting Against: None
Absent: McCourt, Stafford
9.B Discussion regarding Lassen High School Homecoming Parade Direction to staff Mr. Newton provided an explanation of the item and requested Council direction.
Renee Delgado, LHS ASB President, read a letter that they provided to the Council requesting the closure of Main Street for their Homecoming Parade. She included that ASB will assist with the marketing of the city’s SeeClickFix app.
Councilmember Schuster is for the event but requested more details on what streets are being requested.
Councilmember Brown stated that he is supportive of Alexander to Weatherlow.
Mayor pro tem Herrera stated that he was also in support of the event.
Mr. Newton stated that the issue with the road closure is finding a route for the semi trucks.
The closure would most likely have to be from Riverside to Weatherlow to accommodate the request, but staff could potentially find a shorter route as the request would prevent access to businesses at a peak period of time on a Friday.
City staff including Chief Cochran, Director Godman, and Acting Chief Hernandez all provided their comments.
Jim McCarthy, public, stated that it may be a state highway but, it is our Main Street. He added that he has an uptown business, and he is still in favor of the event.
Eileen Richard, public, suggested to stage the floats at Memorial Park and simply make the loop.
After further discussion, both Councilmember Schuster and Councilmember Brown are still in favor of the event.
Mayor pro tem Herrera stated that he is aware that it will be a lot of work for city staff, but he is very much for this event.
Both Herrera and Brown offered to be flaggers for the event, but it was requested that a shorter route be found.
13.A City Project Priorities
Mr. Newton provided an explanation of the item and requested direction from Council.
Councilmember Brown thanked staff as he knows it's hard to have other items added on when the list is so long.
9 Bob Tyndall, SMAC member, stated that there are projects at the airport as listed on the ACIP that need to be made a priority. He voiced his concern as to why they are not getting completed. He requested Taxiway B be placed on the list to where it is completed in the spring in addition to the completion of the 2024 project.
Jim McCarthy requested that time spent on HUSA should end and all put towards the economic development efforts as he is seeing changes with the current endeavor.
Jacqui Henry recommended that the airport item be made a priority as she sees that as economic development.
Councilmember Schuster asked Mr. Newton if the Taxiway project was one of the items that may not be on the list but is being worked on.
Mr. Newton responded by stating yes, but this is one of those projects that slipped through the cracks because of the workload and the items ahead of it on the priority list. 230215 City Project Priorities.docx
9.C Consider Resolution No. 23-6175, authorizing the Mayor to execute agreement with Aqua-Tech to clean and inspect the city of Susanville’s five water tanks and authorize the Finance Manager to increase the 7114 Water Capital Improvement budget in the amount of $30,075 Motion to approve Resolution No. 23-6175, authorizing the Mayor to execute agreement with Aqua-Tech to clean and inspect the city of Susanville’s five water tanks and authorize the Finance Manager to increase the 7114 Water Capital Improvement budget in the amount of $30,075
Mr. Godman stated that, due to the budget amendment and the need for a 4/5th's vote.
The item will be tabled at this time and presented at the next meeting.
Mayor pro tem Herrera stated that the item is tabled until a later date. 23-6175.pdf
10. SUSANVILLE COMMUNITY REDEVELOPMENT AGENCY: No business.
11. SUSANVILLE MUNICIPAL ENERGY CORPORATION: No business.
12. CONTINUING BUSINESS:
12.A Consider Resolution No. 23-6176, upholding, modifying, or rejecting the Susanville Planning Commission's decision to assess civil assessment penalties in the amount of $10,000 against the property located at 765 Shasta Street for violations of a nuisance abatement order.
Cody Loflin, Code Enforcement Officer, provided an explanation of the item and requested direction as to which Resolution the Council would prefer to adopt.
Mr. Guerrero addressed the Council and shared the work he has done to date. He added that the outside should resemble any other house in the area by the end of October.
Nuisance Abatement Order for 765 Shasta St.pdf
23-6176 (Rejection).pdf
23-6176 (Approval).pdf
10 Motion to approve Resolution No. 23-6176, upholding the Susanville Planning Commission's decision to assess civil assessment penalties in the amount of $10,000 as ordered pursuant to Susanville Planning Commission Resolution No. 23-1126.
Moved by Brown; seconded by Schuster to approve.
Motion Carried: 3- 0
Voting For: Herrera, Schuster, Brown
Voting Against: None
Absent: McCourt, Stafford
13. CITY ADMINISTRATOR'S REPORTS:
13.A City Project Priorities – item heard following 9B
13.B Department Reports
City staff provided updates to the Council.
14. FUTURE COUNCIL ITEMS: 14.A Future Council Items
No comments.
20230816 Items from the Podium.pdf
15. ADJOURNMENT: Adjourned at 6:57p.m.
Moved by Brown; seconded by Schuster to adjourn at 6:57p.m.
Motion Carried: 3 - 0
Voting For: Herrera, Schuster, Brown
Voting Against: None
Absent: McCourt, Stafford
___________________________
Quincy McCourt, Mayor
Respectfully submitted by:
___________________________ Approved on:
Heidi Whitlock, City Clerk
11 SUSANVILLE CITY COUNCIL
Special Council Meeting Minutes
MONDAY, AUGUST 21, 2023 – 9:00 AM
Mayor McCourt called the meeting to order at 9:00a.m.
Roll Call of Councilmembers Present: Quincy McCourt, Kevin Stafford, Thomas Herrera, Mendy Schuster, Russ Brown
1. APPROVAL OF AGENDA: (Additions and/or Deletions)
Moved by Kevin Stafford; 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
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. No comment.
3. CLOSED SESSION:
The City Council convened in closed session at 9:01 a.m. to discuss the following:
A. PUBLIC EMPLOYMENT - pursuant to Government Code Section §54957
1. Economic Development Director
Councilmember Stafford left the meeting at 11:04 a.m.
2. RETURN TO OPEN SESSION: (recess if necessary)
The Council reconvened in open session at 11:10 a.m.
Mr. Newton stated that the Council approved the agenda as written and met in closed session to discuss the above-mentioned item. Direction was provided to staff with no reportable action taken.
3. ADJOURNMENT:
Meeting adjourned at 11:05 a.m.
_______________________________
Quincy McCourt, Mayor
Respectfully submitted by:
___________________________
Heidi Whitlock, City Clerk
12 AGENDA ITEM NO. 6.B
Action Item
Submitted By: Alicia Cordova, Administrative Services
Action Date: September 6, 2023
SUBJECT: Vendor and payroll warrants
PRESENTED BY: Chandra Jabbs, Finance Manager
SUMMARY: Warrants dated July 24, 2023 through August 25, 2023 numbered 218991-219239.
FISCAL IMPACT: Accounts Payable vendor warrants totaling $951,609.78, plus $1,114,421.96 in payroll warrants, for a total of $2,066,031.74.
ACTION REQUESTED: Motion to receive and file
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
07-31-23.pdf
08-03-23.pdf
08-10-23.pdf
08-17-23.pdf
08-18-23.pdf
08-24-23.pdf
13 CITY OF SUSANVILLE Check Register - Payments by Vendor Page: 1 Check Issue Dates: 7/31/2023 - 7/31/2023 Jul 31, 2023 11:51AM 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 07/23 07/31/2023 219048 728 U.S. POSTMASTER UB BILLING WATER 073123 1 7110-430-42-46 POSTAGE 544.21 544.21 07/23 07/31/2023 219048 728 U.S. POSTMASTER UB BILLING GAS 073123 2 7401-430-62-46 POSTAGE 280.34 280.34 Total 073123: 824.55 824.55
Grand Totals: 824.55 824.55
M = Manual Check, V = Void Check
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
CITY OF SUSANVILLE Check Register - Payments by Vendor Page: 1 Check Issue Dates: 8/18/2023 - 8/18/2023 Aug 18, 2023 11:44AM 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 08/23 08/18/2023 219197 728 U.S. POSTMASTER UB BILLING WATER 08182023 1 7110-430-42-46 POSTAGE 789.95 789.95 08/23 08/18/2023 219197 728 U.S. POSTMASTER UB BILLING GAS 08182023 2 7401-430-62-46 POSTAGE 406.95 406.95 Total 08182023: 1,196.90 1,196.90
Grand Totals: 1,196.90 1,196.90
M = Manual Check, V = Void Check
46 47
48 49
50 51
52 53
54 55
56 AGENDA ITEM NO. 6.C
Action Item
Submitted By: Jolene Arredondo, Administrative Services Action Date: September 6, 2023
SUBJECT: Consider Resolution No 23-6202, approving and authorizing the modification of members and conditions to the Memorandum of Understanding with the Firefighters Bargaining Unit
PRESENTED BY: Dan Newton, City Administrator
SUMMARY: On August 2, 2023 the City Council approved Resolution No. 23-6167 concluding the Professional Technical Bargaining Unit labor negotiations agreement for the period of July 1, 2022 through and including July 7, 2023. The Professional Technical Bargaining Unit and the city of Susanville agreed to dissolve Pro-Tech Unit and place members in other existing employee bargaining units performing similar work functions; such as the Firefighters Bargaining Unit. In order to incorporate those changes, a side letter to the Firefighters Bargaining Unit's MOU is necessary to outline the parameters of the transition. These changes will be retroactive to July 8, 2023 and will apply only to the Assistant Fire Chief.
FISCAL IMPACT: As determined by the terms negotiated by the Professional Technical and Firefighter Bargaining Units
ACTION REQUESTED: Motion to approve Resolution No. 23- 6202, approving and authorizing the modification of members and conditions to the Memorandum of Understanding with the Firefighters Bargaining Unit
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
Side Letter.pdf
23-6202.pdf
57 City of Susanville (530) 252-5100 • 66 North Lassen Street • Susanville, CA 96130-3904 Quincy McCourt Councilmembers:
Mayor Mendy Schuster
Thomas Herrera Kevin Stafford
Mayor pro tem Russ Brown
www.cityofsusanville.org
To the Operating Engineering Local Union No. 3 Firefighters Unit Representatives, The City of Susanville’s Professional Technical Unit has met and conferred in good faith and has agreed to dissolve the Professional Technical Bargaining Unit. The City Council approved the dissolution of the Unit at a regular City Council meeting held on August 2, 2023. Upon the City Council’s ratification and approval to dissolve the Professional Technical Unit, unit members have been proposed to be redistributed into various Bargaining Units. The following members are proposed to be distributed into the Firefighters Unit at the below proposed ranges and steps:
Position Proposed Range Proposed
Biweekly Proposed Range Proposed Step
Assistant Fire
Chief 145-150 $3,492.96 150 E
The proposed range and step of this position incorporates the existing Firefighters Unit’s incentives and longevity incentives. This redistribution will not modify the listed position’s duties and responsibilities, modifications will only include bargaining unit transition and update to pay range. The job descriptions for this position will be presented to the Firefighter Unit representative for review prior to final approval. Upon approval, this position will receive the above listed range and step pay retroactive to the first full pay period in July 2023 (pay period beginning July 8, 2023) as depicted in Exhibit “B” of the Firefighters Unit Memorandum of Understanding’s Bi-weekly Salary Matrix for the 2023-2025 MOU term. The Assistant Fire Chief will stay on their existing merit schedule and anniversary date. This position is subject to union dues and other union-sponsored program deductions and unit recognition.
The city will pay Mutual Aid Assignment Pay for the Assistant Fire Chief as follows:
1. While in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or prepositioned for emergency response, portal-to-portal the Assistant Fire Chief shall be compensated at a rate of one and one half (1.5) times his/her hourly salary, excluding benefits.
2. Such payment shall be made only after receipt by the city of the reimbursement for such services.
3. If the Assistant Fire Chief chooses and is authorized by the Fire Chief to take such deployment, they shall be responsible to take personal time off for portal-to-portal assignment time.
4. The Fire Chief has sole discretion as to if and when the Assistant Fire Chief will be assigned to out of area fires.
5. Assistant Fire Chief is limited to one deployment per fiscal year with a maximum of 14 days of deployment.
Notwithstanding Section 15, the Assistant Fire Chief is classified as an exempt employee and therefore is not eligible for unit’s overtime assignments.
Notwithstanding Section 17, the Assistant Fire Chief is not eligible for Acting Duty Officer Pay.
Notwithstanding Section 12, the Assistant Fire Chief is not eligible for schedule changes or shift trades. 58 Quincy McCourt Councilmembers:
Mayor Mendy Schuster
Thomas Herrera Kevin Stafford
Mayor pro tem Russ Brown
www.cityofsusanville.org
Notwithstanding, Section 13 Holidays, the Assistant Fire Chief, when working a Holiday as defined in the Employee Manual, the Assistant Fire Chief when required to work on a holiday may take an alternate day off work with approval of the Fire Chief. Employees may not defer alternate day off for more than 90 days.
Notwithstanding, Section 19, sick leave accrual for Assistant Fire Chief shall be as follows: Employees within the UNIT shall accrue four (4) hours of sick leave for each full pay period of employment and shall be able to use sick leave in accordance to the provisions of the Employee Manual dated June 1, 2001. Under the Public Employees' Retirement System, credit for unused sick leave (Section 20862.S) of the Government Code shall be a benefit provided to each employee of this UNIT upon retirement and in accordance with the rules and regulations of PERS. The Assistant Fire Chief will not receive MOU sick leave conversion. Sick leave benefits are payable only for an employee’s regularly scheduled workdays on which he or she is off as a result of the employee’s illness or accident. Under the Public Employees’ Retirement System, credit for unused sick leave (Section 20965) of the Government Code shall be a benefit provided to the Assistant Fire Chief upon retirement and in accordance with the rules and regulations of CalPERS. At retirement, 50% of accumulated sick leave may be applied to 50% of insurance premiums per month.
The Assistant Fire Chief shall receive sixty (60) hours Administrative Leave per fiscal year in addition to vacation leave. Such leave will be credited July 1 of each year. Administrative Leave will be made available from the time of hire, at fifteen (15) hours credited for each three (3) month period remaining in the fiscal year during which the employee is hired, prorated for the first three (3) month period. Administrative Leave is made available in recognition of the Assistant Fire Chief’s responsibility to perform functions after normal business hours. Administrative Leave may not accrue, and any unused leave will extinguish as of June 30 each year. The Assistant Fire Chief may sell up to thirty (30) hours of unused Administrative Leave back to the CITY during December’s special payroll, and up to (30 hours) in June’s special payroll. This benefit is not available to an employee who has not successfully completed their introductory period. For the 2023/2024 fiscal year, if the Assistant Fire Chief has used any Professional Technical Leave from July 1, 2023, to execution of this letter, that leave amount will be reduced from the sixty (60) hours of Administrative Leave.
Attached to this letter is the updated Firefighters Unit Memorandum of Understanding’s Exhibit “A” Position Classification Schedule, which demonstrates all Firefighters Unit members and those position ranges. This will be in effect upon resolution and pay changes will be effective retroactive to July 8, 2023.
This side letter and the terms outlined shall remain in effect for the period of July 8, 2023, through and including June 30, 2024, or until a successor MOU is reached, unless a specific provision provides for a different commencement and/or termination date. This letter has been ratified by both the CITY and UNIT on the ______day of 2023.
_______________________________ ________________________________ Dan Newton Art Frolli, Business Representative
City Administrator
________________________________
Dale Johnson, UNIT Steward
________________________________
Leon Myers, UNIT Steward
59 Quincy McCourt Councilmembers:
Mayor Mendy Schuster
Thomas Herrera Kevin Stafford
Mayor pro tem Russ Brown
www.cityofsusanville.org
EXHIBIT “A” Position List
Firefighter Position Classification Schedule
July 8, 2023 through and including June 30, 2025
Positions Incentive Level Range*
Firefighter I Base 129-131
I 130-132
II 131-133
III 132-134
Firefighter II Base 132-134
I 133-135
II 134-136
III 135-137
Fire Apparatus Engineer Base 137-139
I 138-140
II 139-141
III 140-142
Fire Captain Base 141-143
I 142-144
II 143-145
III 144-146
Assistant Fire Chief** Base 145-147
I 146-148
II 147-149
III 148-150
*Ranges indicated account for longevity steps at 7 years of service (one range) and 10 years of service (two ranges).
**Unit members added July 8, 2023
60 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. 23-6202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING AND AUTHORIZING THE MODIFICATION OF MEMBERS AND CONDITIONS
TO THE MEMORANDUM OF UNDERSTANDING WITH THE
FIREFIGHTERS BARGAINING UNIT
WHEREAS, the city of Susanville’s Professional Technical Bargaining Unit and the City of Susanville have agreed to dissolve the Professional Technical Bargaining Unit; and WHEREAS, the dissolution of the Professional Technical Unit agreed to distribute the following position into the Firefighters Bargaining Unit at the following biweekly salary range matrix range as of July 8, 2023:
Assistant Fire Chief 145-150
WHEREAS, the Firefighters Bargaining Unit has ratified the respective agreement with the terms and conditions as outlined in the attached side letter to incorporate the above listed positions; and
WHEREAS, the representatives from the Firefighters Bargaining Unit have negotiated a labor agreement according to the requirements of the Meyers-Milias-Brown Act; and WHEREAS, the agreement has been negotiated within the parameters established by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby approves and authorizes the following:
1. The Memorandum of Understanding with the Firefighters Bargaining Unit will adopt the attached side letter and incorporate the listed employees into the Firefighters Bargaining Unit for the period of July 8, 2023, through and including June 30, 2025; and
2. Modifications to the city of Susanville Approved Position List to incorporate these changes; and
3. The Finance Director shall modify the 2023/2024 fiscal year budget as necessary to accommodate the dissolution of the Professional Technical Bargaining Unit and the distribution to the listed members into the Firefighters Bargaining Unit.
APPROVED: _______________________________
Quincy McCourt, Mayor
ATTEST: _______________________________
Heidi Whitlock, Clerk
The foregoing Resolution was adopted at a regular meeting of the City Council for the City of Susanville held on the 6th day of September, 2023 by the following vote:
61 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _______________________________
Margaret Long, City Attorney
62 AGENDA ITEM NO. 6.D
Action Item
Submitted By: Jolene Arredondo, Administrative Services Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6203, approving and authorizing the modification of members and condition to the Memorandum of Understanding with the Susanville Police Officers Association Bargaining Unit
PRESENTED BY: Dan Newton, City Administrator
SUMMARY: On August 2, 2023 the City Council approved Resolution No. 23-6167 concluding the Professional Technical Bargaining Unit labor negotiations agreement for the period of July 1, 2022 through and including July 7, 2023. The Professional Technical Bargaining Unit and the city of Susanville agreed to dissolve Pro-Tech Unit and place members in other existing employee bargaining units performing similar work functions; such as the Susanville Police Officers Association (SPOA) Bargaining Unit. In order to incorporate those changes, a side letter to the SPOA Bargaining Unit's MOU is necessary to outline the parameters of the transition. These changes will be retroactive to July 8, 2023 and will apply only to the Police Captain. The City Administrator has met and conferred with the SPOA representatives who have approved the contents of the attached side letter and the transition of the Police Captain to the SPOA unit.
FISCAL IMPACT: Subject to the terms negotiated through the bargaining processes of the Professional Technical and Susanville Police Officers Association Bargaining Units.
ACTION REQUESTED: Motion to approve Resolution No. 23-6203, approving and authorizing the modification of members and condition to the Memorandum of Understanding with the Susanville Police Officers Association Bargaining Unit
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
Side Letter.pdf
23-6203.pdf
63 City of Susanville (530) 252-5100 • 66 North Lassen Street • Susanville, CA 96130-3904 Quincy McCourt Councilmembers:
Mayor Mendy Schuster
Thomas Herrera Kevin Stafford
Mayor pro tem Russ Brown
www.cityofsusanville.org
To the Susanville Police Officers Association (SPOA) Unit Representatives, The City of Susanville’s Professional Technical Unit has met and conferred in good faith and has agreed to dissolve the Professional Technical Bargaining Unit. The City Council approved the dissolution of the UNIT at a regular City Council meeting held on August 2, 2023. Upon the City Council’s ratification and approval to dissolve the Professional Technical Unit, UNIT members have been proposed to be redistributed into various Bargaining Units. The following member has been proposed to be distributed into the Susanville Police Officers Association (SPOA) Unit at the below proposed ranges and steps:
Position Proposed Range Proposed
Biweekly Proposed Range Proposed Step
Police Captain 147-156 $4,744.56 156 F
The proposed range and step of this position incorporates the existing SPOA Unit’s incentives and longevity incentives. This redistribution will not modify the listed position’s duties and responsibilities, modifications will only include bargaining UNIT transition and update to pay range. The job descriptions for this position will be presented to the SPOA Unit representative for review prior to final approval. Upon approval, this position will receive the above listed range and step pay retroactive to the first full pay period in July 2023 (pay period beginning July 8, 2023) as depicted in Exhibit “B” of the SPOA Unit Memorandum of Understanding’s Bi-weekly Salary Matrix for the 2022-2025 MOU term. The Police Captain is subject to union dues in which the CITY will deduct from their wages the regular monthly dues. Such dues shall be deducted and transmitted to the association upon notification from the association that an employee has submitted a voluntary, revocable, written application for association membership in a manner complying with legal requirements. The CITY will cease dues deduction if notified by the association that an employee is no longer a member. The Police Captain shall be a non-voting associate member of the UNIT and shall have the option to participate in the UNIT’s legal defense fund if elected to participate in the legal defense fund, the Police Captain shall pay full member dues.
Notwithstanding Section 7F, the Police Captain is not eligible for specialty pay assignments or night differential pay.
Notwithstanding Section 11, Work Schedule the Police Captain shall generally work Monday through Friday from 8:00 AM to 5:00 P.M. or a schedule that is deemed appropriate to fulfill the duties of their position as directed by the Police Chief.
Notwithstanding Section 12, Holidays, the Police Captain, when working a Holiday as defined in the Employee Manual, may take an alternate day off work with approval of the Police Chief. Employees may not defer alternate days off for more than 90 days.
Notwithstanding Section 13, Overtime the Police Captain is classified as an exempt employee and therefore is not eligible for UNIT’s overtime or court call back pay.
Notwithstanding, Section 14, sick leave accrual for the Police Captain shall be as follows: Employees within the UNIT shall accrue 5.54 hours of sick leave for each full pay period of employment and shall be able to use sick leave in accordance with the provisions of the Employee Manual dated June 1, 2001. Under the 64 Quincy McCourt Councilmembers:
Mayor Mendy Schuster
Thomas Herrera Kevin Stafford
Mayor pro tem Russ Brown
www.cityofsusanville.org
Public Employees' Retirement System, credit for unused sick leave (Section 20862.S) of the Government Code shall be a benefit provided to each employee of this UNIT upon retirement and in accordance with the rules and regulations of PERS. The Police Captain will not receive sick leave conversion. Sick leave benefits are payable only for an employee’s regularly scheduled workdays on which he or she is off as a result of the employee’s illness or accident. Under the Public Employees’ Retirement System, credit for unused sick leave (Section 20965) of the Government Code shall be a benefit provided to the Police Captain upon retirement and in accordance with the rules and regulations of CalPERS. At retirement, 50% of accumulated sick leave may be applied to 50% of insurance premiums per month.
The Police Captain shall receive sixty (60) hours Administrative Leave per fiscal year in addition to vacation leave. Such leave will be credited July 1 of each year. Administrative Leave will be made available from the time of hire, at fifteen (15) hours credited for each three (3) month period remaining in the fiscal year during which the employee is hired, prorated for the first three (3) month period. Administrative Leave is made available in recognition of the Police Captain’s responsibility to perform functions after normal business hours. Administrative Leave may not accrue, and any unused leave will extinguish as of June 30 each year. The Police Captain may sell up to thirty (30) hours of unused Administrative Leave back to the CITY during December’s special payroll, and up to (30 hours) in June’s special payroll. This benefit is not available to an employee who has not successfully completed their introductory period. For the 2023/2024 fiscal year, if the Police Captain has used any Professional Technical Leave from July 1, 2023 to execution of this letter, that leave amount will be reduced from the sixty (60) hours of Administrative Leave.
Attached to this letter is the updated SPOA Unit Memorandum of Understanding’s Exhibit “A” Position Classification Schedule which demonstrates all SPOA Unit members and those position ranges. This will be in effect upon resolution and pay changes will be effective retroactive to July 8, 2023.
This side letter and the terms outlined shall remain in effect for the period of July 8, 2023, through and including June 30, 2024, or until a successor MOU is reached, unless a specific provision provides for a different commencement and/or termination date. This letter has been ratified by both the CITY and UNIT on the ______day of 2023.
_________________________________ ________________________________ Dan Newton Allen Sobol
City Administrator UNIT Representative
________________________________
Fred Foulk
UNIT Representative
65 Quincy McCourt Councilmembers:
Mayor Mendy Schuster
Thomas Herrera Kevin Stafford
Mayor pro tem Russ Brown
www.cityofsusanville.org
SPOA Position Classification Schedule
July 8, 2023 through and including June 30, 2025
POSITION RANGE
Police Officer - Base 136
Police Officer – 2.5% Incentive 137
Police Officer – 5.0% Incentive 138
Police Officer – 7.5% Incentive 139
Police Officer – 10% Incentive 140
Police Officer – 12.5% Incentive 141
Police Officer – 15.0% Incentive 142
Police Officer – 17.5% Incentive 143
Police Officer – 20.0% incentive 144
Police Officer – 22.5% incentive 145
Police Sergeant - Base 143
Police Sergeant – 2.5% Incentive 144
Police Sergeant – 5.0% Incentive 145
Police Sergeant – 7.5% Incentive 146
Police Sergeant – 10% Incentive 147
Police Sergeant – 12.5% Incentive 148
Police Sergeant – 15.0% Incentive 149
Police Sergeant – 17.5% Incentive 150
Police Sergeant – 20.0% incentive 151
Police Sergeant – 22.5% incentive 152
Police Captain* - Base 147
Police Captain* – 2.5% Incentive 148
Police Captain* – 5.0% Incentive 149
Police Captain* – 7.5% Incentive 150
Police Captain* – 10% Incentive 151
Police Captain* – 12.5% Incentive 152
Police Captain* – 15.0% Incentive 153
Police Captain* – 17.5% Incentive 154
Police Captain* – 20.0% incentive 155
Police Captain* – 22.5% incentive 156
Each incentive increase increment of 2.5% is achieved by providing the members of this ASSOCIATION with a salary matrix range increase. Each range in the salary matrix is 2.5% higher than the previous range.
*Effective July 8, 2023 the Police Captain has been added to the SPOA UNIT 66 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. 23-6203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING AND AUTHORIZING THE MODIFICATION OF MEMBERS AND CONDITIONS
TO THE MEMORANDUM OF UNDERSTANDING WITH THE
SUSANVILLE POLICE OFFICERS ASSOCIATION BARGAINING UNIT
WHEREAS, the city of Susanville’s Professional Technical Bargaining Unit and the City of Susanville have agreed to dissolve the Professional Technical Bargaining Unit; and WHEREAS, the dissolution of the Professional Technical Unit agreed to distribute the following position into the Susanville Police Officers Association (SPOA) Bargaining Unit at the following biweekly salary range matrix range as of July 8, 2023:
Police Captain 147-156
WHEREAS, the Susanville Police Officers Association Bargaining Unit has ratified the respective agreement with the terms and conditions as outlined in the attached side letter to incorporate the above listed positions; and
WHEREAS, the representatives from the Susanville Police Officers Association Bargaining Unit have negotiated a labor agreement according to the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the agreement has been negotiated within the parameters established by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby approves and authorizes the following:
1. The Memorandum of Understanding with the Susanville Police Officers Association Bargaining Unit will adopt the attached side letter and incorporate the listed employees into the Susanville Police Officers Association Bargaining Unit for the period of July 8, 2023, through and including June 30, 2025; and
2. Modifications to the city of Susanville Approved Position List to incorporate these changes; and
3. The Finance Director shall modify the 2023/2024 fiscal year budget as necessary to accommodate the dissolution of the Professional Technical Bargaining Unit and the distribution to the listed members into the Susanville Police Officers Association Bargaining Unit.
APPROVED: _______________________________
Quincy McCourt, Mayor
ATTEST: _______________________________
Heidi Whitlock, Clerk
The foregoing Resolution was adopted at a regular meeting of the City Council for the City of Susanville held on the 6th day of September, 2023 by the following vote:
67 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _______________________________
Margaret Long, City Attorney
68 AGENDA ITEM NO. 6.E
Action Item
Submitted By: Jolene Arredondo, Administrative Services Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6204, approving and authorizing the the modification of members and conditions to the memorandum of understanding with the Administrative Bargaining Unit.
PRESENTED BY: Dan Newton, City Administrator
SUMMARY: On August 2, 2023 the City Council approved Resolution No. 23-6167 concluding the Professional Technical Bargaining Unit labor negotiations agreement for the period of July 1, 2022 through and including July 7, 2023. The Professional Technical Bargaining Unit and the city of Susanville agreed to dissolve Pro-Tech Unit and place members in other existing employee bargaining units performing similar work functions; such as the Administrative Bargaining Unit. In order to incorporate those changes, a side letter to the Administrative Bargaining Unit's MOU is necessary to outline the parameters of the transition. These changes will be retroactive to July 8, 2023 and will apply to the following new Administrative Bargaining Unit members:
1. Assistant Director Engineering
2. Assistant Director Operations
3. Building Official
4. City Planner
5. Pool Director
FISCAL IMPACT: Subject to the terms negotiated by the Professional Technical Bargaining Unit dissolution and the terms outlined in the Administrative Unit MOU Side Letter
ACTION REQUESTED: Motion to approve Resolution No. 23-6204, approving and authorizing the the modification of members and conditions to the memorandum of understanding with the Administrative Bargaining Unit.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
2023 ADMIN Side Letter.pdf
23-6204.pdf
69 City of Susanville
(530) 252-5100 • 66 North Lassen Street • Susanville, CA 96130-3904 Quincy McCourt Councilmembers:
Mayor Mendy Schuster
Thomas Herrera Kevin Stafford
Mayor pro tem Russ Brown
www.cityofsusanville.org
To the Administrative Unit Representatives,
The City of Susanville’s Professional Technical Unit has met and conferred in good faith and has agreed to dissolve the Professional Technical Bargaining Unit. The City Council approved the dissolution of the UNIT at a regular City Council meeting held on August 2, 2023. Upon the City Council’s ratification and approval to dissolve the Professional Technical Unit, UNIT members have been proposed to be redistributed into various Bargaining Units. The following members are proposed to be distributed into the Administrative Unit at the below proposed ranges and steps:
Position Proposed
Range
Proposed
Biweekly
Proposed
Range
Proposed
Step
Assistant Director Engineering 154-158 $3,869.93 160 D
Assistant Director Operations 154-158 $3,026.79 154 B
Building Official 152-154 $3,178.12 154 C
City Planner 152-154 $3,337.03 154 D
Pool Director 138-140 $2,602.23 138 G
The proposed range and step of each position incorporates the existing Administrative Unit’s incentives. This redistribution will not modify the listed position’s duties and responsibilities, modifications will only include bargaining unit transition and update to pay ranges. Job descriptions for all positions will be presented to the Administrative Unit representative for review prior to final approval. Upon approval, the listed members will receive the above listed range and step pay retroactive to the first full pay period in July 2023 (pay period beginning July 8, 2023) as depicted in Exhibit “C” of the Administrative Unit Memorandum of Understanding’s Bi-weekly Salary Matrix for the 2023/2024 fiscal year. Added UNIT members will stay on their existing merit schedules and anniversary dates.
Added UNIT members who are classified as exempt employees will receive Supplemental Administrative Leave and Administrative Leave as depicted in the current MOU, previous Professional Technical Leave will not carry over. If any Professional Technical Leave has been used from July 1, 2023 to execution of this letter, that leave amount will be reduced from the available Administrative Leave or Supplemental Administrative Leave. The employee will provide which leave to reduce in a memo to the city’s finance division.
The Assistant Director of Engineering, when appointed as the Air Pollution Control Officer (APCO) by the Lassen County Air Pollution Control District will be compensated at the following pay ranges, maintaining current merit step, pursuant to the licensing requirements as depicted Assistant Director Engineering job description.
70 Quincy McCourt Councilmembers:
Mayor Mendy Schuster
Thomas Herrera Kevin Stafford
Mayor pro tem Russ Brown
www.cityofsusanville.org
• 3 years of increasingly responsible experience in a public works related field AND appointed as the Air Pollution Control Officer (APCO) is required to fill the position at Range 158. • Possession of a four-year degree from an accredited college or university in civil engineering or related field OR possession of a Professional Engineering License OR possession of a Professional Land Surveying License is required to fill the position AND appointed as the Air Pollution Control Officer (APCO) is required to fill the position at Range 160. • Possession of a four-year degree from an accredited college or university in civil engineering or related field AND possession of a Professional Engineering License OR Possession of a four-year degree from an accredited college or university in civil engineering or related field AND possession of a Professional Land Surveying License AND appointed as the Air Pollution Control Officer (APCO) is required to fill the position at a Range 162.
The appointment of the APCO is made by the governing board of the Air Pollution Control District, per the agreement between the city of Susanville and the Lassen County Air Pollution Control District, the Air District effects to remove the appointment, the compensation for Assistant Director Engineering will revert to the appropriate pay range based on licensing as specified above.
Newly added UNIT members to the Administrative Unit will obtain Supplemental Administrative Leave (8 hours) as well as Administrative Leave (60 hours) for exempt employees of the UNIT, subject to the current terms in the Administrative MOU. Additionally, the Building Official upon appointment may receive a uniform allowance reimbursement, if they so desire; $800 in year one.
The Pool Director may receive a uniform allowance reimbursed up to $300 annually.
Attached to this letter is the updated Administrative Bargaining Unit Memorandum of Understanding’s Exhibit “A” Position Classification Schedule which demonstrates all Administrative Unit members and those position ranges. This will be in effect upon resolution and pay changes will be effective retroactive to July 8, 2023.
This side letter and the terms outlined shall remain in effect for the period of July 8, 2023, through and including June 30, 2024, or until a successor MOU is reached, unless a specific provision provides for a different commencement and/or termination date. This letter has been ratified by both the CITY and UNIT on the ______day of 2023.
______________________________ ________________________________ Dan Newton Cody Lofin
City Administrator UNIT Representative
________________________________
Victoria Estrada
UNIT Representative
71 Quincy McCourt Councilmembers:
Mayor Mendy Schuster
Thomas Herrera Kevin Stafford
Mayor pro tem Russ Brown
www.cityofsusanville.org
EXHIBIT “A” Position List
Administrative Confidential Employees
Position Classification Schedule
July 1, 2022 through June 30, 2024
Exempt Positions Range
Assistant Director – Engineering* 154/156/158
Assistant Director – Operations* 154/156/158
Building Official* 152-154
City Planner* 152-154
Assistant to the City Administrator 148-150
Administrative Assistant: Police Department 142-144
Pool Director* 138-140
Non-exempt Positions Range
Code Enforcement 136-138
Program Coordinator 138-140
Assistant Civil/Air Quality Engineer 140/144/152
Assistant Engineer 140-142
Permit Technician 140-142
*UNIT members added July 8, 2023
72 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. 23-6204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING AND AUTHORIZING THE MODIFICATION OF MEMBERS AND CONDITIONS
TO THE MEMORANDUM OF UNDERSTANDING WITH THE
ADMINISTRATIVE BARGAINING UNIT
WHEREAS, the city of Susanville’s Professional Technical Bargaining Unit and the City of Susanville have agreed to dissolve the Professional Technical Bargaining Unit; and WHEREAS, the dissolution of the Professional Technical Unit agreed to distribute the following positions into the Administrative Bargaining Unit at the following biweekly salary range matrix ranges as of July 8, 2023:
Assistant Director Engineering 154-158
Assistant Director Operations 154-158
Building Official 152-154
City Planner 152-154
Pool Director 138-140
WHEREAS, the Administrative Bargaining Unit has ratified the respective agreement with the terms and conditions as outlined in the attached side letter to incorporate the above listed positions; and
WHEREAS, the representatives from the Administrative bargaining unit have negotiated a labor agreement according to the requirements of the Meyers-Milias-Brown Act; and WHEREAS, the agreement has been negotiated within the parameters established by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby approves and authorizes the following:
1. The Memorandum of Understanding with the Administrative Bargaining Unit will adopt the attached side letter and incorporate the listed employees into the Administrative Bargaining Unit for the period of July 8, 2023, through and including June 30, 2024; and
2. Modifications to the city of Susanville Approved Position List to incorporate these changes; and
3. The Finance Director shall modify the 2023/2024 fiscal year budget as necessary to accommodate the dissolution of the Professional Technical Bargaining Unit and the distribution to the listed members into the Administrative Bargaining Unit.
APPROVED: _______________________________
Quincy McCourt, Mayor
ATTEST: _______________________________
Heidi Whitlock, Clerk
73 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 The foregoing Resolution was adopted at a regular meeting of the City Council for the City of Susanville held on the 6th day of September, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: ______________________________
Margaret Long, City Attorney
74 AGENDA ITEM NO. 6.F
Action Item
Submitted By: Jolene Arredondo, Administrative Services Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6200, approving and accepting a donation of $1,000.00 from the Walmart Charitable Foundation PRESENTED BY: Ryan Cochran, Chief of Police
SUMMARY: The Walmart Charitable Foundation is a charitable corporation that provides funding Each year, the Foundation awards local cash grants that are designed to address the unique needs of the communities where we operate. Some of the needs that are addressed and awarded pertain to Public Safety Awareness and Prevention Programs. The Susanville Police Department submitted an application for funds to help fulfill needs to continue to provide educational outreach to our community. The Walmart Charitable Foundation received that request and has awarded that request with a donation of $1,000.00. Upon approval and acceptance by the City Council, the Susanville Police Department plans to utilize this funding for Police Prevention supplies, materials and educational promotions.
FISCAL IMPACT: Susanville Police Department to receive $1,000.00 in charitable donations to purchase educational supplies
ACTION REQUESTED: Motion to approve Resolution No. 23-6200, approving and accepting a donation of $1,000.00 from the Walmart Charitable Foundation
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
23-6200.pdf
75 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. 23-6200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE APPROVING AND ACCEPTING A DONATION OF $1,000.00 FROM
WALMART CHARITABLE FOUNDATION
WHEREAS, the City of Susanville has applied for fundings to the Walmart Charitable Foundation which provides funding to fire safety programs, first aid education programs and funding to support local police department programs; and WHEREAS, the City of Susanville Police Department has a need to purchase public education supplies, prevention supplies, and safety hand-out brochures; and WHEREAS, the City being authorized to accept gifts and donations; and WHEREAS, the City Council acknowledge that the prevention and education supplies, and safety hand-out brochures are valuable resources to the community; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Susanville accept the donation from the Walmart Charitable Foundation in the amount of $1,000.00.
BE IT FURTHER RESOLVED that the Mayor is authorized to approve this donation on behalf of the City of Susanville and authorize the Finance Director to modify the budget as necessary to accommodate the expenditure of funds received.
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 6th day of September, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: ___________________________________ Margaret Long, City Attorney
76 AGENDA ITEM NO. 6.G
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6201, supporting closure of Main Street (State Route 36) from Fair Drive to the Veterans Memorial building located at 1205 Main Street and authorizing closure of Fair Drive from Russell Avenue to Main Street for the Veterans Day parade on Saturday, November 11, 2023, from 10:00am to 12:00pm
PRESENTED BY: Bob Godman, Public Works Director
SUMMARY:
City Council support is requested for the Veterans Day Parade. The closure of Main Street (State Route 36) from Fair Drive to the Veterans Memorial Building located at 1205 Main Street and Fair Drive between Russell Avenue and Main Street on Saturday, November 11, 2023, from 10:00 am to 12:00 pm.
Caltrans Encroachment Permit is required for the closure of Main Street. Caltrans does not charge the City an Encroachment Permit fee but they do require the City to accept all liability for this event as the Encroachment Permit Permittee. City Staff is currently working with Caltrans to obtain the Encroachment Permit and the city has already purchased the insurance for this event.
This event requires three (3) Street Division crewmembers to sweep Main Street (State Route 36) before and after the event and eight (8) Public Works Department employees to set up, take down traffic control signs, and assist seven (7) Police Officers with traffic control.
FISCAL IMPACT:
Veterans Day Parade: November 11, 2023
Insurance Cost $ 989.50
Public Works Dept. Estimate Costs $2,896.00
Police Dept. Estimated Costs $ 900.00
SUSANVILLE CITY COUNCIL AGENDA ITEM
77 TOTAL ESTIMATED COST $ 4,785.50
ACTION REQUESTED:
Motion to approve Resolution No. 23-6201, supporting closure of Main Street (State Route 36) from Fair Drive to the Veterans Memorial building located at 1205 Main Street and authorizing closure of Fair Drive from Russell Avenue to Main Street for the Veterans Day parade on Saturday, November 11, 2023, from 10:00am to 12:00pm ATTACHMENTS:
23-6201.pdf
request for veterans parade_2023.pdf
78 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. 23-6201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE SUPPORTING CLOSURE OF MAIN STREET (STATE ROUTE 36) FROM FAIR DRIVE TO THE VETERANS MEMORIAL BUILDING LOCATED AT 1205 MAIN STREET AND AUTHORIZING CLOSURE
OF FAIR DRIVE FROM RUSSELL AVENUE TO MAIN STREET FOR THE VETERANS DAY PARADE ON SATURDAY, NOVEMBER 11, 2023, FROM 10:00AM TO 12:00PM WHEREAS, City Council support is requested for the Veterans Day Parade to be held on Saturday, November 11, 2023, from 10:00am to 12:00pm; and WHEREAS, the parade requires the closure of Fair Drive from Russell Avenue to Main Street for the duration of the event; and
WHEREAS, the parade requires the closure of Main Street (State Route 36) from Fair Drive to the Veterans Memorial Building located at 1205 Main Street for the duration of the event.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby approves as follows:
1. The City of Susanville supports the Veterans Day Parade to be held on Saturday, November 11, 2023, from 10:00am to 12:00pm; and
2. The City supports the closure of Main (State Route 36) from Fair Drive to the Veterans Memorial Building located at 1205 Main Street, from 10:0am to 12:00pm on Saturday, November 11, 2023, for the event; and
3. Th City authorizes the closure of Fair Drive from Russell Avenue to Main Street from 10:00am to 12:00pm on Saturday, November 11, 2023, for the event.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:________________________
Margaret Long, City Attorney
79 _:AMERICAN
LEG ION
August 25, 2023
To: Director, City of Susanville Public Works
720 South Street
Susanville, California 961 30
Subject: Request the Closure of Fair Drive and Highway 36 (Main Street) on Saturday, 11 November 2023 for Veterans Day Parade.
Dear Mr. Godman,
The Lassen County Veterans Association, which is comprised of Thomas Tucker American Legion Post 204, and the Veterans of Foreign Wars William Davidson Post 238,l, request the closure of Fair Drive and Highway 36 (Main Street) on Saturday, 11 November 2023 for our annual Veterans Day parade. The parade will begin at the National Guard Armory parking lot at 11 :00 am and proceed down Fair Drive to Main Street and end up in front of the Veterans Memorial Building. lt is anticipated that the parade participants will start to gather at 10:15 am.
Thank you for your assistance and if you have any questions please feel free to call me at (559) 333-1301.
Stephen Soto, Commander
Thomas Tucker American Legion Post 204
'1205 Main Street, Suite 103
Susanville, CA 96130
Thomas Tucker American Legion Post No. 2C4 '1205 Main Street, Suite 103. Susanville CA 96130 [email protected]
80 AGENDA ITEM NO. 6.H
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6205, authorizing the Public Works Director to close one block of Richmond Rd in front of 601 Richmond Road for the purpose of Lassen Land & Trails Trust Annual Rails to Trails Festival and Handcar Races held on October 7, 2023.
PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: The City has received a request from Lassen Land & Trails Trust to donate staff time for the road closure on Richmond Rd for the Annual Rails to Trails and Handcar Races held on October 7, 2023. LLTT is requesting with the support of the City to close one block of Richmond Rd. from 8:00am to 4:00pm for the event.
FISCAL IMPACT: Estimated $300 in public works staff time to set up and take down road closure.
ACTION REQUESTED: Motion to approve Resolution No. 23-6205, authorizing the Public Works Director to close one block of Richmond Road in front of 601 Richmond Road for the purpose of Lassen Land & Trails Trust Annual Rails to Trails Festival and Handcar Races held on October 7, 2023.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
COS-RailsToTrails_10-7-23.pdf
23-6205.pdf
81 82
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE ANNUAL RAILS TO TRAILS FESTIVAL AND
HANDCAR RACES EVENT SCHEDULED FOR SATURDAY, OCTOBER 7, 2023,
SPONSORED BY LASSEN LAND & TRAILS TRUST AND AUTHORIZING THE
PARTIAL STREET CLOSURE OF RICHMOND ROAD
WHEREAS, Lassen Land & Trails Trust is sponsoring their Annual Rails to Trails Festival and Handcar Races on October 7, 2023; and
WHEREAS, the Rails to Trails Festival and Handcar Races is a benefit to the City of Susanville; and
WHEREAS, Lassen Land & Trails Trust has requested the closure of one block of Richmond Road.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby supports the Rails to Trails Festival and Handcar Races event and approves the partial street closure of Richmond Road.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _______________________________
Margaret Long, City Attorney
83 AGENDA ITEM NO. 6.I
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6199, authorizing the Public Works Director to close one block of Sunkist Drive in front of the Senior Center for the purpose of a Superhero Fun Run and walk on Saturday, September 30, 2023
PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: The City has received a request from Lassen Family Services to partner with them in conducting their annual Superhero Fun Run and Walk by closing a portion of Sunkist Rd. Proceeds from the event benefit the Lassen Family Services Court Appointed Special Advocates for Children Program.
FISCAL IMPACT: Estimated $315 in public works staff time to set up and take down road closure.
ACTION REQUESTED: Motion to approve Resolution No. 23-6199, authorizing the Public Works Director to close one block of Sunkist Drive in front of the Senior Center for the purpose of a Superhero Fun Run and walk on Saturday, September 30, 2023
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
Letter to City - Request Fee Waiver and Road Block Superhero 2023.pdf 23-6199.pdf
84 85
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6199
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE SUPERHERO FUN RUN EVENT SCHEDULED FOR SATURDAY, SEPTEMBER 30, 2023, SPONSORED BY LASSEN FAMILY SERVICES CASA
PROGRAM AND FURTHERING APPROVING THE SUNKIST DRIVE STREET CLOSURE WHEREAS, Lassen Family Services, CASA Program is sponsoring their annual Superhero Fun Run event scheduled for September 30, 2023; and WHEREAS, the Super Hero Fun Run event is a benefit to the City of Susanville; and
WHERAS, Lassen Family Services, CASA Program has requested the closure of one block of Sunkist Drive.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby supports and approves the Superhero Fun Run event and the closure of Sunkist Drive.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
86 AGENDA ITEM NO. 6.J
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6206, authorizing the Public Works Director to intermittently close one block of Richmond Rd in front of 601 Richmond Rd. for the purpose of Lassen Land and Trail Trust annual Gravel Adventure Ride held on September 9, 2023.
PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: The City has received a request from Lassen Land & Trails Trust to donate staff time for the intermittent road closure on Richmond Rd for the Annual Lassen Gravel Adventure Ride held on September 9, 2023. LLTT is requesting with the support of the City to intermittently close the crossing at Richmond Rd. at the top of the 7:00am, 8:00am and 9:00am hours to allow riders to safely get onto the Bizz Johnson Trail and start their ride for the event.
FISCAL IMPACT: Estimated $300 in public works staff time to set up and take down road closure.
ACTION REQUESTED: Motion to approve Resolution No. 23-6206, authorizing the Public Works Director to intermittently close one block of Richmond Rd in front of 601 Richmond Rd. for the purpose of Lassen Land and Trail Trust annual Gravel Adventure Ride held on September 9, 2023.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
COS_LassenGravelAdventureRide_9-9-23.pdf
23-6206.pdf
87 88
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23- 6206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE ANNUAL LASSEN GRAVEL ADVENTURE RIDE EVENT SCHEDULED FOR SATURDAY, SEPTEMBER 9, 2023, SPONSORED BY
LASSEN LAND & TRAILS TRUST AND AUTHORIZING THE INTERMITTENT
STREET CLOSURE OF RICHMOND ROAD
WHEREAS, Lassen Land & Trails Trust is sponsoring their Annual Lassen Gravel Adventure Ride Event on September 9, 2023; and
WHEREAS, the Lassen Gravel Adventure Ride is a benefit to the City of Susanville; and
WHEREAS, Lassen Land & Trails Trust has requested the intermittent closure of Richmond Road at the top of the 7:00am, 8:00am, and 9:00am hour.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby supports the Lassen Gravel Adventure Ride event and approves the intermittent street closure of Richmond Road.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: ______________________________
Margaret Long, City Attorney
89 AGENDA ITEM NO. 6.K
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: September 6, 2023
SUBJECT:
Consider Resolution No. 23-6208, supporting the Lassen County Chamber of Commerce, Safe and Sane Halloween event on Tuesday, October 31, 2023, with the street closure from 12:00pm to 6:00pm.
PRESENTED BY: Bob Godman, Public Works Director
SUMMARY:
The Annual Historical Uptown Susanville Association (HUSA), Safe and Sane Halloween event on Tuesday, October 31, 2023, from 3:30 pm to 5:30 pm; authorizing the Public Works Director to close South Gay Street (Pancera Plaza) from Main Street to Cottage Street on Tuesday, October 31, 2023, from 12:00 pm to 6:00 pm; and supporting the closure of Main (State Route 36) from Cottage Street to Weatherlow Street on Tuesday, October 31, 2023, from 3:00 pm to 6:00 pm.
This event requires Public Works Department employees to set up, take down traffic control signs, and assist the Police Department with traffic control.
A Caltrans Encroachment Permit is required for the closure of Main Street. Caltrans does not charge the City and Encroachment Permit fee but they do require the City to accept all liability for this event as the Encroachment Permit Permittee.
FISCAL IMPACT:
Public Works Dept. Estimate Costs $1,148
Police Dept. Estimated Costs $ 875
TOTAL ESTIMATED COST $2,023
ACTION REQUESTED:
Motion to approve Resolution No. 23-6208, supporting the Lassen County Chamber of Commerce, Safe and Sane Halloween event on
SUSANVILLE CITY COUNCIL AGENDA ITEM
90 Tuesday, October 31, 2023, from 3:30 pm to 5:30 pm; authorizing the Public Works Director to close South Gay Street (Pancera Plaza) from Main Street to Cottage Street on Tuesday, October 31, 2023, from 12:00 pm to 6:00 pm; and supporting the closure of Main (State Route 36) from Cottage Street to Weatherlow Street on Tuesday, October 31, 2023, from 3:00 pm to 6:00 pm.
ATTACHMENTS:
Request Letter_chamber2023.pdf
23-6208.pdf
91 92
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION No. 23-6208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
SUPPORTING THE LASSEN COUNTY CHAMBER OF COMMERCE SAFE AND SANE HALLOWEEN EVENT ON OCTOBER 31, 2023; SUPPORTING CLOSURE OF MAIN STREET (STATE ROUTE 36) FROM ROOP STREET TO WEATHERLOW STREET ON TUESDAY, OCTOBER 31, 2023, FROM 3:00 PM TO 6:00 PM; AND AUTHORIZING
CLOSURE OF SOUTH GAY STREET FROM COTTAGE STREET TO MAIN STREET ON TUESSDAY, OCTOBER 31, 2023, FROM 12:00 PM TO 5:00 PM.
WHEREAS, Lassen County Chamber of Commerce is hosting the annual Safe and Sane Halloween event on Tuesday, October 31, 2023, from 3:30 pm to 5:30 pm; and WHEREAS, Lassen County Chamber of Commerce has requested the closure of Main Street from Roop Street to Weatherlow Street from 3:00pm to 6:00pm; and WHEREAS, Lassen County Chamber of Commerce has requested the closure of South Gay Street (Pancera Plaza) from Main Street to Cottage Street from 12:00 pm to 5:00 pm on Tuesday, October 31, 2023, for the event; and
WHEREAS, Caltrans requires an Encroachment Permit application to be submitted in order to close Main Street (State Route 36) for this event.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby approves as follows:
1. The City of Susanville supports the Lassen County Chamber of Commerce Safe and Sane Halloween event to be held on Tuesday, October 31, 2023, from 3:30 pm to 5:30 pm; and
2. The City supports the closure of Main (State Route 36) from Roop Street to Weatherlow Street from 3:00 pm to 6:00 pm on Tuesday, October 31, 2023, for the event; and
3. The City authorizes the closure of South Gay Street (Pancera Plaza) from Main Street to Cottage Street from 12:00 pm to 6:00 pm on Tuesday, October 31, 2023, for the event.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:____________________________
Margaret Long, City Attorney
93 AGENDA ITEM NO. 6.L
Action Item
Submitted By: Jolene Arredondo, Administrative Services Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6214, accepting award from Lassen Municipal Utility District's Public Benefits Community Projects program and authorizing the Finance Manager to increase the Susan River Clean Up Project 1011 Fund in the amount of $23,000
PRESENTED BY: Dan Newton, City Administrator
SUMMARY: Resolution No. 23-6085 was approved in January of 2023 increasing the budget for the purchase of an Electric ATV for Susanville, the vehicle has since been on back order since this approval and city staff has received notice the electric ATV is ready to be picked up. It is necessary at this time to increase the 23/24 Fiscal Year Budget by the $23,000 to complete the purchase and submit for reimbursement for $19,375 through the LMUD Community Benefits Program.
Item History:
Two of City Council's identified priorities include improvements to the Susan River Trail and addressing homelessness in the city. In September of 2022 Council passed Resolution 22-6048 which created a budget of $30,000 in the 1011 fund to address citywide monitoring of homeless encampments and to conduct encampment closures. In the following months, staff has conducted cleanups utilizing these funds for staff time, equipment and supplies. Staff has researched utility vehicles and various equipment that would support the efforts of addressing encampment closures and cleanup efforts, as well as equipment that would support a proposed Volunteer Trail Patrol program.
Staff has met with LMUD to discuss if this project would be an eligible project through their Public Benefits Community Projects program and worked out that the purchase of an electric all-terrain utility vehicle would be an eligible use of funds. The Public Benefits Community Projects program provides funding to the community for projects that fall into categories such as energy efficiency improvements, lowincome assistance, research and development into emerging technologies, and renewable energy projects. This program has funded energy efficient lighting at the Senior Center, provided LED lighting for the community Christmas Tree and has provided funding for the LED Scoreboard at Lassen High School's football field. The
SUSANVILLE CITY COUNCIL AGENDA ITEM
94 program funds up to half of the total cost of the project proposed, not to exceed $25,000. City staff has received notification of award of the proposed project to purchase an electric all-terrain utility vehicle and upon City Council acceptance of the program award, is looking forward to partnering with LMUD in future educational opportunities and community exposure to utility vehicle alternatives outside of the Susan River Trail usage.
FISCAL IMPACT: Increase general fund by $23,000 of which $19,375 is reimbursable through LMUD Public Benefits Community Projects program ACTION REQUESTED: Motion to approve Resolution No. 23-6214, accepting award from Lassen Municipal Utility District's Public Benefits Community Projects program and authorizing the Finance Manager to increase the Susan River Clean Up Project 1011 Fund in the amount of $23,000 ATTACHMENTS:
23-6214.pdf
Award Letter.pdf
EUTV.pdf
23-6085.pdf
95 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. 23-6214
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE ACCEPTING AWARD FROM LASSEN MUNICIPAL UTILITY DISTRICT’S
PUBLIC BENEFITS COMMUNITY PROJECTS PROGRAM AND AUTHORIZING
THE FINANCE DIRECTOR TO INCREASE THE SUSAN RIVER CLEAN UP PROJECT 1011 FUND IN THE AMOUNT OF $23,000
WHEREAS, the City of Susanville City Council has prioritized the improvement to and cleanup efforts of the Susan River Trail; and
WHEREAS, a Volunteer Patrol program that will report on the Susan River Trail; and WHEREAS, an economical mode of transportation that can easily access parts of the Susan River Trail and surrounding areas is a vital component to this program; and WHEREAS, city staff has applied to Lassen Municipal Utility District’s (LMUD) Public Benefits Community Projects to purchase an electric all-terrain vehicle to provide transportation to the Volunteer Patrol program; and
WHEREAS, notification of award of application submitted to fund the purchase for up to half of the cost has been provided by LMUD by reimbursement from LMUD.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby authorizes the finance manager to increase budget by $23,000 to the Susan River Clean Up Project fund 1011 to cover the full cost of the electric all-terrain vehicle, half of cost to be reimbursed by LMUD’s Public Benefits Community Project program.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
96 97
98 RESOLUTION NO. 23-6085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE ACCEPTING AWARD FROM LASSEN MUNICIPAL UTILITY DISTRICT’S PUBLIC
BENEFITS COMMUNITY PROJECTS PROGRAM AND AUTHORIZING THE FINANCE MANAGER TO INCREASE THE SUSAN RIVER CLEAN UP PROJECT 1011 FUND IN THE AMOUNT OF $23,000
WHEREAS, the City of Susanville City Council has prioritized the improvement to and cleanup efforts of the Susan River Trail; and
WHEREAS, a Volunteer Patrol program that will report on the Susan River Trail; and
WHEREAS, an economical mode of transportation that can easily access parts of the Susan River Trail and surrounding areas is a vital component to this program; and WHEREAS, the city staff has applied to Lassen Municipal Utility District’s (LMUD) Public Benefits Community Projects to purchase an electric all-terrain vehicle to provide transportation to the Volunteer Patrol program; and
WHEREAS, notification of award of application submitted to fund the purchase for up to half of the cost has been provided by LMUD by reimbursement from LMUD.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby authorizes the finance manager to increase budget by $23,000 to the Susan River Clean Up Project fund 1011 to cover the full cost of the electric all-terrain vehicle, half of cost to be reimbursed by LMUD’s Public Benefits Community Project program.
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 18th day of January 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: ____________________________
Margaret Long, City Attorney
99 AGENDA ITEM NO. 6.M
Action Item
Submitted By: Jolene Arredondo, Administrative Services Action Date: September 6, 2023
SUBJECT: Approved Position List
PRESENTED BY: Dan Newton, City Administrator
SUMMARY: By approving the attached Approved Position list, the Assistant Civil/Air Quality Engineer is reclassified as an Air Quality Specialist in the Engineering Division of the Public Works Department. The position remains in the Administrative Bargaining Unit at range 140- 152.
Other changes to the approved position list as a result of labor negotiations include:
Police Captain, SPOA Bargaining Unit, Range 147-156
Assistant Fire Chief, Firefighter Unit, Range 145-150
Assistant Director Engineering, Administrative Bargaining Unit, Range 154-158
Assistant Director Operations, Administrative Bargaining Unit, Range 154-158
City Planner, Administrative Bargaining Unit, Range 152-154 Building Official, Administrative Bargaining Unit, Range 152-154 Pool Director, Administrative Bargaining Unit, Range 138-140 FISCAL IMPACT: Position are included in existing and future budgets ACTION REQUESTED: Provide direction to staff
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
230906 Approved Position List.pdf
100
Last Approved 8/2/2023
Department/Position Range Step A Step G & H Unit
REGULAR, FULL-TIME
ADMINISTRATIVE SERVICES
City Administrator 182-184 $ 125,832.72 $ 177,059.22 Contract Finance Director 170-174 $ 98,593.04 $ 145,667.08 Mgmt
Economic Development Director 170-174 $ 98,593.04 $ 145,667.08 Mgmt City Clerk 164-170 $ 85,168.46 $ 132,124.20 Mgmt
Assistant to City Administrator 148-150 $ 64,628.20 $ 95,542.20 Admin Admin Staff Assistant (Base-II) 124-128 $ 44,257.46 $ 62,274.94 Misc Account Tech II (Base - II) 142-146 $ 56,787.12 $ 88,200.58 Misc Account Tech - Account Tech I (Base- II) 124-128 or 133-137 $ 31,452.20 $ 55,107.52 Misc Account Tech - Account Tech I (Base- II) 124-128 or 133-137 $ 31,452.20 $ 55,107.52 Misc Account Tech - Account Tech I (Base- II) 124-128 or 133-137 $ 31,452.20 $ 55,107.52 Misc FIRE
Fire Chief 168-174 $ 93,897.96 $ 145,667.08 Mgmt
Assistant Fire Chief 145-150 $ 66,037.40 $ 105,132.04 Fire Fire Fighter I - Engineer OR Captain (No more than 3 Captains)* 129-142 or 141-146 $ 44,484.44 $ 95,244.24 Fire Fire Fighter I - Engineer OR Captain (No more than 3 Captains)* 129-142 or 141-146 $ 44,484.44 $ 95,244.24 Fire Fire Fighter I - Engineer OR Captain (No more than 3 Captains)* 129-142 or 141-146 $ 44,484.44 $ 95,244.24 Fire Fire Fighter I - Engineer 129 - 142 $ 44,484.44 $ 86,286.72 Fire Fire Fighter I - Engineer 129 - 142 $ 44,484.44 $ 86,286.72 Fire Fire Fighter I - Engineer 129 - 142 $ 44,484.44 $ 86,286.72 Fire Admin Staff Assistant - Fire (Base - II) 138-142 $ 44,257.46 $ 62,274.94 Misc *At descretion of the Fire Chief with City Administrator approval POLICE
Police Chief 168-174 $ 93,897.96 $ 145,667.08 Mgmt
Police Captain 147-156 $ 77,394.20 $ 123,358.56 SPOA
Police Sergeant 143-152 $ 70,115.24 $ 111,756.84 SPOA
Police Sergeant 143-152 $ 70,115.24 $ 111,756.84 SPOA
Police Sergeant 143-152 $ 70,115.24 $ 111,756.84 SPOA
Police Sergeant 143-152 $ 70,115.24 $ 111,756.84 SPOA
Police Officer 136-145 $ 58,985.42 $ 94,017.04 SPOA
Police Officer 136-145 $ 58,985.42 $ 94,017.04 SPOA
Police Officer 136-145 $ 58,985.42 $ 94,017.04 SPOA
Police Officer 136-145 $ 58,985.42 $ 94,017.04 SPOA
Police Officer 136-145 $ 58,985.42 $ 94,017.04 SPOA
Police Officer (SRO) 136-145 $ 58,985.42 $ 94,017.04 SPOA Police Officer 136-145 $ 58,985.42 $ 94,017.04 SPOA
Police Officer 136-145 $ 58,985.42 $ 94,017.04 SPOA
Police Officer 136-145 $ 58,985.42 $ 94,017.04 SPOA
Police Officer 136-145 $ 58,985.42 $ 94,017.04 SPOA
Police Officer 136-145 $ 58,985.42 $ 94,017.04 SPOA
Administrative Assistant 142-144 $ 55,726.06 $ 82,333.68 Admin Community Services Officer (Base - II) 132-136 $ 44,361.98 $ 68,902.08 Misc Community Services Officer (Base - II) (PHLA Grant funded) 132-136 $ 44,361.98 $ 68,902.08 Misc
PUBLIC WORKS
Public Works Director 168-174 $ 93,897.96 $ 145,667.08 Mgmt Assistant Director of Operations 154-158 $ 72,066.28 $ 111,931.56 Admin Assistant Director of Engineering 154-158 $ 72,066.28 $ 111,931.56 Admin Building Official 152-154 $ 68,593.72 $ 101,404.42 Admin City Planner 152-154 $ 68,593.72 $ 101,404.42 Admin
Air Quality Specialist 140-151 $ 53,043.38 $ 100,378.98 Admin Assistant Civil / Air Quality Engineer 140-152 $ 53,043.38 $ 100,378.98 Admin Building Permit Tech 140-142 $ 53,043.38 $ 78,415.74 Admin Program Coordinator 140-142 $ 53,043.38 $ 78,415.74 Admin 101
Park/Facilities Maint Superintendent (Base - II) 143-145 $ 57,686.72 $ 81,219.32 PWorks Assistant Engineer 140-142 $ 53,043.38 $ 78,415.74 Admin Pool Director (reimbursed by HLVRA) 138-140 $ 48,545.64 $ 71,766.76 Admin Water Utility Supervisor (Base - II) 145-147 $ 60,607.04 $ 85,330.96 PWorks Gas Utility Supervisor (Base - II) 144-146 $ 59,128.94 $ 83,249.66 PWorks Streets Maintenance Super. (Base - II) 143-145 $ 57,686.72 $ 81,219.32 PWorks Code Enforcement Officer I/II 136-138 $ 48,054.76 $ 71,040.84 Admin Gas Technician II - III (Base -II) 132-134 or 138-140 $ 43,965.74 $ 71,786.00 PWorks Gas Technician II - III (Base -II) 132-134 or 138-140 $ 43,965.74 $ 71,786.00 PWorks Gas Technician II - III (Base -II) 132-134 or 138-140 $ 43,965.74 $ 69,025.06 PWorks Street Maint Operator II - III (Base - II) 131-133 or 137-139 $ 42,893.24 $ 70,035.16 PWorks Water System Op II - III (Base - II) 133-135 or 139-141 $ 45,064.76 $ 73,580.78 PWorks Water System Op II - III (Base - II) 133-135 or 139-141 $ 45,064.76 $ 73,580.78 PWorks Utilities Services Technician (Base - II) 125-127 $ 36,986.82 $ 52,075.14 Pworks Utilities Services Technician (Base - II) 125-127 $ 36,986.82 $ 52,075.14 Pworks Admin Staff Assistant (Base -II) 124-128 $ 36,409.88 $ 56,551.04 Misc Mechanic II (Base - II) 131-133 $ 42,893.24 $ 60,390.98 PWorks Maintenance Worker I - II (Base - II) (S) 123-125 or 125-127 $ 35,204.52 $ 52,075.14 PWorks Maintenance Worker I - II (Base - II) (S) 123-125 or 125-127 $ 35,204.52 $ 52,075.14 PWorks Maintenance Worker I - II (Base - II) (G) 123-125 or 125-127 $ 35,204.52 $ 52,075.14 PWorks Maintenance Workr I-II (Base - II) (W) 123-125 or 125-127 $ 35,204.52 $ 52,075.14 PWorks Parks Maintenance Worker II (Base - II) 125-127 $ 36,986.82 $ 52,075.14 Pworks
PART-TIME
ADMIN Hourly Wage
Parks Maintenance Worker - P/T 922 $ 15.88 $ 17.10 n/a
Parks Maintenance Worker - P/T 922 $ 15.88 $ 17.10
Human Resources Investigator 954 $ 33.30 $ 37.68 n/a
Construction Technician 951 $ 30.92 $ 34.99 n/a
POLICE
Community Service Officer - P/T 932 $ 19.34 $ 21.88 n/a Youth Services Officer - Grant funded 132-136 $ 44,361.98 $ 68,902.08 n/a POOL
Assistant Pool Manager 935 $ 20.83 $ 23.57 n/a
Pool Maintenance Worker 924 $ 15.88 $ 17.96 n/a
Head Swim Instructor 928 $ 17.53 $ 19.83 n/a
Head Lifeguard 928 $ 17.53 $ 19.83 n/a
Head Program Instructor 928 $ 17.53 $ 19.83 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
102
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
Lifeguard/Swim Instructor 922 $ 15.88 $ 17.10 n/a
GOLF COURSE
Golf Course Business Manager P/T 20 Hours 937 $ 21.88 $ 24.76 n/a Head Maintenance Worker 930 $ 18.41 $ 20.83 na
Maintenance 922 $ 15.88 $ 17.10 n/a
Maintenance 922 $ 15.88 $ 17.10 n/a
Pro Shop Worker 922 $ 15.88 $ 17.10 n/a
Pro Shop Worker 922 $ 15.88 $ 17.10 n/a
Pro Shop Worker 922 $ 15.88 $ 17.10 n/a
Pro Shop Worker 922 $ 15.88 $ 17.10 n/a
Pro Shop Worker 922 $ 15.88 $ 17.10 n/a
Pro Shop Worker 922 $ 15.88 $ 17.10 n/a
Pro Shop Worker 922 $ 15.88 $ 17.10 n/a
Carts 922 $ 15.88 $ 17.10 n/a
Carts 922 $ 15.88 $ 17.10 n/a
TEMPORARY
ADMIN Hourly Wage
Intern 922 $ 15.88 $ 17.10 n/a
POLICE
Reserve Police Officer:
Reserve Police Officer 1 922 $ 15.88 $ 17.10 n/a
Reserve Police Officer 2 922 $ 15.88 $ 17.10 n/a
Reserve Police Officer 3 922 $ 15.88 $ 17.10 n/a
Reserve Police Officer 4 922 $ 15.88 $ 17.10 n/a
Reserve Police Officer 5 922 $ 15.88 $ 17.10 n/a
Up to 5 positions funded thru salary savings
FIRE
Fire Captain (Side Letter) 924 $ 15.88 $ 17.96 n/a
Fire Captain (Side Letter) 924 $ 15.88 $ 17.96 n/a
Seasonal Firefighter 922 $ 15.88 $ 17.96 n/a
Seasonal Firefighter 922 $ 15.88 $ 17.96 n/a
Seasonal Firefighter 922 $ 15.88 $ 17.96 n/a
PUBLIC WORKS
Assistant Engineer 944 $ 26.01 $ 29.43 n/a
Gas Technician II (Gas Surveyor) 931 $ 18.87 $ 21.35 n/a Intern (PW) 922 $ 15.88 $ 17.10 n/a
Intern (PW) 922 $ 15.88 $ 17.10 n/a
Intern (PW) 922 $ 15.88 $ 17.10 n/a
VARIOUS
Summer Laborer 922 $ 15.88 $ 17.10 n/a
Summer Laborer 922 $ 15.88 $ 17.10 n/a
Summer Laborer 922 $ 15.88 $ 17.10 n/a
Summer Laborer 922 $ 15.88 $ 17.10 n/a
Summer Laborer 922 $ 15.88 $ 17.10 n/a
CONTRACT POSITIONS
POLICE
103
Officer Trainee 932 n/a
City Attorney - contracted flat rate
Airport Manager - $1,896.86 per month Annual costs: $ 22,762.32 104
AGENDA ITEM NO. 7.A
Public Hearing
Submitted By: Kelly Mumper, Building & Planning Division Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6212, approving a Use Permit/Rezone/General Plan Amendment/Initial Study #22-009 to allow a 70 Space Recreational Vehicle Park at 300 Bella Way on a
10.19 Acre Parcel for the Thompson Family Trust.
PRESENTED BY: Kelly Mumper, City Planner
SUMMARY:
The Initial Study and Mitigated Negative Declaration prepared for the proposed project (IS/MND SCH#2023020169) evaluates the
environmental effects to allow a 70 space RV Park on a 10.19-acre parcel that is currently zoned C-M (Commercial Light Industrial Zoning District) with a General Plan designation of “Light Industry or Business Park” pursuant to the City of Susanville General Plan 1990-2010. The subject parcel has split zoning and therefore, approximately 1.28 acres of the subject parcel is zoned O-S (Open Space). The project proposal requires a rezone and general plan amendment application which if approved would rezone the subject parcel from C-M to C-2 (General Commercial Shopping Center District) with a General Plan designation of General Commercial/ Shopping Center. The subject parcel has an Assessor’s Parcel Number (APN) 116-470-018-000 and is located on Bella Way approximately 950 feet northwest of the intersection of Skyline Road and Johnstonville Road in Susanville CA.
The subject parcel is bordered by the Jensen Slough on the western portion of the parcel, adjacent to Western Nevada Supply Company to the south, and JW Wood Company to the west.
City staff circulated the Project materials and information in compliance with the California Office of Planning and Research mandated guidelines. Therefore, early consultation and tribal consultation were conducted. Comments from Federal, State, and Local agencies revealed that impacts could be significant unless proper mitigation was required, and additional studies were performed. Specifically, a cultural resource inventory/report was prepared by a certified Archeologist at the request of the California Historical Records Information System located in Chico, CA. In addition, a noise impact survey was conducted by the City Planner.
SUSANVILLE CITY COUNCIL AGENDA ITEM
105
All studies, reports, and comments from the Federal, State, and local jurisdictions have been incorporated into the Initial Study and ultimately the Mitigated Negative Declaration.
The Mitigated Negative Declaration and its supporting documents were available for review at the City of Susanville's Community Development Department, 66 N. Lassen Street Susanville CA 96130, during normal business hours during the statutory review period for the document review which ran from June 9, 2023, through July 9, 2023.
The exhibits associated with this project are as follows:
1. Exhibit “A” Final Mitigated Negative Declaration
Environmental Document.
2. Exhibit “B” Final Mitigated Negative Declaration
Environmental Document Mitigation Measures.
3. Exhibit “C” Draft Rezone Ordinance.
4. Exhibit “D” Existing and Proposed Zoning Map
5. Exhibit “E” Existing and Proposed Land Use Diagram/Map TRAFFIC IMPACT ANALYSIS:
The applicants did not supply a Traffic Impact Study in conjunction with this project. However, all appropriate agencies were included as a part of the Mitigated Negative Declaration early consultation process and comments were received and will be included as conditions of approval in order to minimize traffic impacts to a less than significant level. Specifically, primary access for entry and exit shall be Bella Way for Recreational Vehicle owners and the access points along Skyline Road shall only be used in the event of emergencies.
Encroachment Permits will be required from Lassen County for any access improvements on Skyline Road.
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT:
The Department of Housing and Community Development will likely require the applicant to secure a “Permit to Operate” for what is known as a Special Occupancy Park. The Mobile home and Special Occupancy Parks Program develops, adopts, and enforces state regulations for the construction, use,
maintenance, and occupancy of privately owned mobile home and special occupancy parks throughout California, which assure owners, residents, and users protection from risks to 106
their health, safety, and general welfare.
California law governing special occupancy parks is entitled the "Special Occupancy Parks Act" and may be found in Section, Part 2.3 of the California Health and Safety Code, commencing with section 18860.
These laws establish requirements for the permits, fees, and responsibilities of park operators and enforcement agencies, including the Department of Housing and Community
Development, and require the Department to develop and
enforce both the regulations and the laws.
Special Occupancy Park regulations (updated 4-1-2013) apply to Special Occupancy Parks and separate designated
recreational vehicle (RV) sections within a mobile home park.
The requirements are contained in the California Code of Regulations, title 25, chapter 2.2, commencing with section 2000. The regulations include specific requirements for park construction, maintenance, use, occupancy, and design. Also included are requirements for items such as lot identification, lighting, roadway width, plans, permits, accessory structures and buildings, application procedures, fees, enforcement, and appeal procedures.
The applicant is encouraged to review the California Code of Regulations, Title 25. Housing and Community Development Division 1. Chapter 2, Sections 1002 through 1759, not
consecutive and Chapter 2.2, Sections 2002 through 2759, not consecutive.
STAFF RECOMMENDATION:
The Planning Commission and staff recommends approval
requiring the conditions outlined in the adopting resolution.
Staff has included an approving and disapproving resolution for FILE NO. UP/RZ/GPA/IS # 22-009.
As proposed, the project is consistent with the Susanville Municipal Code and the City of Susanville General Plan, 1990- 2010. Staff recommends that the City Council approve
Resolution No. 23-6212, with the stated conditions outlined in the proposed adopting resolution and the Mitigation Measures outlined in the Mitigated Negative Declaration as Exhibit “A” and extrapolated verbatim for the City Council's convenience and for added clarity as Exhibit “B”. Exhibit “C” is the rezone Ordinance which will amend the City of Susanville Zoning Map if approved. 107
FISCAL IMPACT: None.
ACTION REQUESTED: Motion to approve Resolution No. 23-6212, approving a Use Permit/Rezone/General Plan Amendment/Initial Study #22-009 to allow a 70 Space Recreational Vehicle Park at 300 Bella Way on a
10.19 Acre Parcel for the Thompson Family Trust.
ATTACHMENTS:
23-6212.pdf
Thompson Family Trust Mitigated Negative Declaration-Final-Exhibit A.pdf MND Mitigation Measures Exhibit-B.docx
NOI TFT 70 Space RV Park-CC.doc
Ord. No. 23-1039. Exhibit C.pdf
Existing and Proposed Zoning Exhibit “Dâ€.docx
Exhibit E Existing and Proposed Land Use Diagram.docx
Application Materials and Site Plan.pdf
Planning Commission Resolution No. 23-1162.pdf
108
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6212
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
ADOPTING A MITIGATED NEGATIVE DECLARATION AS THE ENVIRONMENTAL DOCUMENT FOR FILE UP/RZ/GPA/IS # 22-009 TO AMEND THE GENERAL PLAN LAND USE ELEMENT DIAGRAM, REZONE ASSESSOR’S PARCEL NUMBER 116-470-018-000, AND USE PERMIT TO ALLOW A 70 SPACE RECREATIONAL VEHICLE PARK WHEREAS, The City of Susanville has received an application for a use permit and general plan amendment to the City of Susanville General Plan Land Use diagram changing the land use designation from Light Industry/Business Park/Parks and Recreation to General Commercial/Shopping Center and rezoning from C-M/O-S to C-2, one parcel located on Bella Way approximately 950 feet northwest of the intersection of Skyline Road and Johnsonville Road, Assessor’s Parcel Number 116-470-018-000; and
WHEREAS, the City of Susanville Planning Commission at a duly noticed public hearing held during its regular meeting of August 8, 2023, accepted public testimony and considered both written and verbal comments concerning the Mitigated Negative Declaration for the Thompson Family Trust Use Permit/Rezone/General Plan Amendment to change the land use designation from Light Industry/Business Park/Parks and Recreation to General Commercial/Shopping Center and rezoning from C-M/O-S to C-2 allow a 70 space recreational vehicle park located at 300 Bella Way; and WHEREAS, the City of Susanville Planning Commission forwarded its recommendation to the City Council under Resolution number 23-1162; and WHEREAS, the City of Susanville Planning Commission and City Council conducted public hearings on August 8, 2023, and on September 6, 2023, and has considered both written and oral comments presented concerning the project and reviewed the environmental document for the General Plan Amendment and Rezone and finds that the project will not have a significant impact on the environment with the implementation of the Mitigation Measures outlined in the Mitigated Negative Declaration; and WHEREAS, the Initial Study, draft Mitigated Negative Declaration, and Notice of Intention to Adopt the Mitigated Negative Declaration were distributed for public review pursuant to the provisions of Section 15073 of the California Environmental Quality Act (CEQA) with the public review period running from June 9, 2023 to July 9, 2023; and WHEREAS, the City Clerk shall submit the affiliated Rezone Ordinance (Exhibit “C”) to the Modoc Record Newspaper Publication within 15 days of this passage.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Susanville hereby adopts the Mitigated Negative Declaration as the environmental document for the project based on the following findings of fact:
1. The initial study identified potentially significant impacts that could occur by the general plan amendment or amendments to the city’s zoning map.
2. Based on the mitigation measures required within the Mitigated Negative Declaration, potentially significant impacts will be reduced to a less than significant level and therefore there is no further significant evidence that would suggest that the project would have a significant impact on the environment. 109
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
3. The mitigation measures required by the Mitigated Negative Declaration have been extrapolated from the environmental document and are shown in Exhibit “B” of this resolution.
4. That the Mitigated Negative Declaration has been completed in compliance with the California Environmental Quality Act (CEQA) Guidelines, the City’s CEQA procedures, and adequately addresses the general environmental setting of the proposed project, its environmental impacts, alternatives, and mitigation measures related to each impact.
5. That the proposed General Plan amendment is consistent and compatible with the goals and policies of the General Plan and any implementation programs that may be affected.
6. That the establishment, maintenance, or operation of the subject use, building or facilities applied for will not, under the circumstances of the particular use, with the conditions imposed thereon, be detrimental to or contrary to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of the proposed use and will not be injurious or detrimental to property or improvements in the neighborhood or the general welfare of the city.
7. That the conditions imposed upon approval of this use are necessary to further the public health, safety, peace comfort and general welfare of the city.
8. That the Mitigation Measures outlined in Exhibit “B” and any conditions outlined in the Mitigated Negative Declaration are hereby incorporated by reference.
9. That the findings and conditions outlined in the Planning Commission resolution recommending approval to City Council by Resolution No. 23-1162 are hereby incorporated by reference.
BE IT FURTHER RESOLVED, that the City Council hereby takes the following actions:
1. Adopts the Mitigated Negative Declaration as shown as Exhibit “A” attached hereto and directs staff to file the required Notice of Determination.
2. Amends the City of Susanville General Plan Land Use Element Diagram from Light Industry/Business Park and Parks and Recreation to General Commercial/Shopping Center for property identified as APN 116-470-018-000 as shown in attached Exhibit “E”.
3. Approve an ordinance rezoning from C-M/O-S to C-2, one parcel identified as Assessor’s Parcel Number 116-470-018-000, as shown in attached Exhibit “C” and also graphically referenced as shown in attached Exhibit “D”.
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 6TH day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
110
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
Exhibit “B”
CITY OF SUSANVILLE PROJECT FILE NO UP/RZ/GPA/IS#22-009, THOMPSON FAMILY TRUST, 70 SPACE RV PARK MITIGATION MEASURES
STATE CLEARING HOUSE NO 2023020169
The following mitigation measures shall be required in addition to any outlined conditions within the adopting resolution and mitigated negative declaration should the project be approved by the City of Susanville Planning Commission and City Council:
Mitigation Measure BIO-1:
Nesting Birds
Habitat suitable for nesting birds and raptors appear to occur within and adjacent to the proposed Project area. During construction, nesting migratory birds and raptors, if present, could be directly or indirectly impacted by land modification or vegetation removal activities.
Direct impacts could include mortality, resulting from the operation of heavy equipment in an area containing an active nest with eggs or chicks. Indirect effects could include nest abandonment by adults in response to noise levels above ambient, human encroachment, or a reduction in food availability to young birds due to changes in feeding behavior by adults.
Special status species known to nest within 1 mile of the project area include greater sandhill crane (Antigone canadensis tabida, state threatened) and bank swallow (Riparia riparia, state threatened). To avoid impacts to nesting birds and/or raptors protected under FGC sections 3503 and 3503.5 and the federal Migratory Bird Treaty Act, one of the following should be implemented:
a. Vegetation removal and other ground-disturbance activities associated with construction should occur between September 1 and January 31, when birds are not nesting; or b. If vegetation removal or ground disturbance activities occur during the nesting season, a preconstruction nesting bird survey should be conducted by a qualified biologist to identify active nests in and adjacent to the Project area, no more than 7 days prior to the commencement of construction activities.
Surveys should begin prior to sunrise and continue until the entire Project area and adjacent suitable nesting habitat has been sufficiently surveyed for nests. The survey should consider acoustic impacts and line-of sight disturbances occurring as a result of the Project to determine a sufficient survey radius to maximize observations of nesting birds. A nesting bird survey report should be prepared and at a minimum, the report should include a description of the area surveyed, date and time of the survey, ambient conditions, bird species observed, a description of any active nests observed, any evidence of breeding behaviors (e.g., courtship, carrying nest materials or food, etc.), and a description of any outstanding conditions that may have impacted the survey results (e.g., weather conditions, excess noise, the presence of predators, etc.). 191
If an active nest is located during the preconstruction surveys, a non-disturbance buffer should be established around the nest by a qualified biologist in consultation with the Department and U.S. Fish and Wildlife Service to comply with FGC sections 3503 and 3503.5 and the Migratory Bird Treaty Act. Compliance measures may include, but are not limited to, exclusion buffers, sound-attenuation measures, seasonal work closures based on the known biology and life history of the species identified in the survey, as well as ongoing monitoring by biologists.
The nesting bird survey report should be submitted to the Department upon completion via email to [email protected]. The survey should be conducted no more than one week prior to the initiation of construction. If construction activities are delayed or suspended for more than one week after the pre-construction nesting bird survey, the site should be resurveyed.
Irrigation Ditches
Based on the Departments analysis of aerial mapping, the parcel has been altered and modified for agricultural purposes over the last decade. Jenson Slough runs along the northwestern parcel boundary and flows into Brockman Slough, which runs along the southern parcel boundary, where the sloughs intercept and flow into the Susan River. The Department recommends including a more detailed narrative about the surface connectivity of these irrigation ditches with direct connectivity to the Susan River, to determine if the Project activities are subject to Fish and Game Code section 1602. These irrigation ditches may provide, and be utilized, as suitable habitat for wildlife in the Susanville area, such as the Lahontan Mountain Sucker (Catostomus lahontan, state species of special concern). Land modification associated with construction activities may result in direct and/or indirect impacts to ditch habitat and/or the water quality within them.
The Project review package includes the use of bioswales. It appears the proposed Project will increase impervious surfaces therefore, the Department concurs with, and encourages, the implementation of bioswales to allow stormwater to percolate in the ground and prevent potential water quality impacts throughout the irrigation ditches mentioned above.
Lake or Streambed Alteration Agreement
Fish and Game Code section 1602 requires any person, state or local governmental agency, or public utility to notify CDFW prior to beginning any activity that may do one or more of the following:
1. substantially divert or obstruct the natural flow of the bed, channel, or bank of any river, stream or lake; or
2. substantially change or use any material from the bed, channel, or bank of any river, stream, or lake; or
192
3. deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake.
To obtain information about the 1600 Notification process, please access the Department’s website at: https://www.wildlife.ca.gov/Conservation/LSA.
Lighting
The Department recognizes the adverse effects that artificial lighting has on birds and other nocturnal species. The effects are numerous and include impacts to singing and foraging behavior, reproductive behavior, navigation, and altered migration patterns. To minimize adverse effects of artificial light on wildlife, the Department recommends that lighting fixtures associated with the Project be downward facing, fully shielded, designed and installed to minimize photopollution and spillover of light onto adjacent wildlife habitat.
Trenching
If trenching will be included in Project activities, any open trench should be covered securely prior to stopping work each day and/or a wildlife exit ramp should be provided in the trench to prevent wildlife entrapment. If pipes are left out onsite, they should be inspected for wildlife prior to burying, capping, moving, or filling. The Department recommends a mitigation measure be developed and included in the final environmental document or project approval.
Native Vegetation in Landscaping
The Department recommends utilizing vegetation native to the local area in landscaping whenever possible. Benefits of utilizing native vegetation in landscaping include providing resources for native wildlife such as hummingbirds and beneficial pollinators, conserving water, reducing pesticide use, and reducing landscaping maintenance. The California Native Plant Society (CNPS) website (https://www.cnps.org) includes a variety of useful information and tools to help determine which native species occur in a particular area, information on care and maintenance of native species, and contacts for purchasing native plants or seeds. The CNPS tool Calscape (https://calscape.org/) generates a list of native plants that grow in an area based on a specific address, and can be used to develop a planting palate for landscaping plans. A search of Calscape returned a wide variety of plants native to the Project site and surrounding landscapes. For more information regarding the importance of using native species in landscaping, please see the CNPS Guidelines for Landscaping to Protect Native Vegetation from Genetic Degradation at: https://www.cnps.org/wpcontent/uploads/2018/04/landscaping.pdf 193
Mitigation Measure HAZ-1:
All spills or leakage of petroleum products during construction activities will be remediated in compliance with acceptable state and local regulations regarding cleanup and disposal of the contaminated release. The contaminated waste will be collected and disposed of at an appropriately licensed disposal or treatment facility. This measure will be incorporated into the project’s storm water retention plan.
In addition, the project’s soil report does not contain serpentines or ultramafic rocks and therefore, the potential for release of naturally occurring asbestos during construction activities is considered low to non-existent.
Mitigation Measure HAZ-2:
All spills or leakage of petroleum products after construction activities will be remediated in compliance with acceptable state and local regulations regarding cleanup and disposal of the contaminated release. The contaminated waste will be collected and disposed of at an appropriately licensed disposal or treatment facility. This measure will be incorporated into the project’s storm water retention plan.
Mitigation Measure NOI-1:
A site analysis confirms that there will be occupied residences within one half (1/2) mile of the proposed Project at the time of construction. Prior to grading and building permit issuance, the City shall verify that the following notes are included on grading plans and building plans. Project contractors shall be required to ensure compliance with the notes and permit periodic inspection of the construction site by City staff or its designee for compliance. These notes shall also be specified in bid documents issued to prospective construction contractors.
A) Whenever a construction site is within one half (1/2) mile of an occupied residence or residences, no construction activities shall be undertaken between the hours of 9 PM to 7 AM at any time.
B) All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers consistent with the manufacture’s standards.
C) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest to the project site during all project construction.
D) No music or electronically reinforced speech from construction workers shall be audible at noise sensitive properties. 194
Mitigation Measure T-1:
Recreational Vehicles shall only enter and exit through the proposed Bella Way Recreational Vehicle Park Entrance. Access to Skyline Road shall only be allowed for emergency access to reduce potentially significant traffic impacts to a less than significant level. This requirement will relieve traffic and pedestrian conflicts of concern due to the access point on Skyline Road having a bike and pedestrian path adjoining the access point. Prohibiting non-emergency entry and exit of Recreational Vehicles on Skyline Road will also relieve the potential for traffic accidents between regular vehicular and freight traffic from the Recreational Vehicle Park. In addition, this mitigation measure would eliminate the need for a deacceleration turning lane and preserve the existing bike and pedestrian paved path. Impacts are reduced to a less than significant level by implementing Mitigation Measure T-1 and no further mitigation is required. 195
PUBLIC NOTICE
NOTICE OF INTENTION TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE THOMPSON FAMILY TRUST 70 SPACE RV PARK USE
PERMIT/REZONE/GENERAL PLAN AMENDMENT/AND INITIAL STUDY
FILE: UP/RZ/GPA/IS # 22-009
The City of Susanville City Council acting as the Lead Agency pursuant to the California Environmental Quality Act has prepared a Mitigated Negative Declaration (statement of no significant environmental effects with proper mitigation measures) and will receive public comments relating to the project listed below.
This Initial Study and Mitigated Negative Declaration (IS/MND SCH#2023020169) evaluates the environmental effects of the proposed project to allow a 70 space RV Park on a 10.19-acre parcel that is currently zoned C-M (Commercial Light Industrial Zoning District) with a General Plan designation of “Light Industry or Business Park” pursuant to the City of Susanville General Plan 1990-2010. Approximately 1.28 acres of the subject parcel is zoned O-S (Open Space) and while still a part of the project is not proposed to be rezoned because the land use classification is already acceptable for an RV Park with a Use Permit. The bulk of the project proposal requires a rezone and general plan amendment application which if approved would rezone the subject parcel from C-M to C-2 (General Commercial Shopping Center District) with a General Plan designation of General Commercial/ Shopping Center. The subject parcel has an Assessor’s Parcel Number (APN) 116-470-018-000 and is located on Bella Way approximately 950 feet northwest of the intersection of Skyline Road and Johnstonville Road in Susanville CA. The subject parcel is bordered by the Jensen Slough on the western portion of the parcel, adjacent to Western Nevada Supply Company to the south, and JW Wood Company to the west.
The Mitigated Negative Declaration and its supporting documents are available for review at the City of Susanville's Community Development Department, 66 N. Lassen Street Susanville CA 96130, during normal business hours. The statutory review period for the document review ran from June 9, 2023, through July 9, 2023. Documents are available for public inspection at the Susanville Community Development Department 66 N. Lassen Street Susanville.
The City of Susanville City Council will hold a public hearing to consider the above-mentioned Mitigated Negative Declaration for the above-described project on Wednesday September 6, 2023, at 5:00 pm in the City Council Chambers located at 66 North Lassen Street Susanville CA 96130. "If you challenge the City's action on this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing.", Govt. Code 65009.
Any questions regarding the Mitigated Negative Declaration may be directed to Kelly Mumper at 530-252- 5104 during normal business hours.
BY: Kelly Mumper, City Planner
FOR: City of Susanville Planning Department
To be published in legal section on August 24, 2023, in the Modoc Record. 196
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ORDINANCE NO 23-1039
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE APPROVING ZONE CHANGE NO UP/RZ/GP #22-009 FOR
THOMPSON FAMILY TRUST PROJECT AMENDING THE ZONING MAP
FOR THE CITY OF SUSANVILLE FROM C-M/O-S (COMMERCIAL-LIGHT INDUSTRIAL/OPEN SPACE) TO C-2 (GENERAL COMMERCIAL/SHOPPING CENTER) The City Council of the City of Susanville does hereby ordain as follows:
Section 1. That certain ZONING MAP OF THE CITY OF SUSANVILLE (referred to in Title 17, Section 17.04.070 of the ZONING ORDINANCE FOR THE CITY OF SUSANVILLE), is hereby amended to provide as follows:
One parcel of property commonly known as Assessor’s Parcel No. 116-470-018-000, being more precisely described as follows:
All that real property situated in the County of Lassen, State of California, described as follows:
Parcel 2, as shown on that certain map entitled, "Parcel Map No. 04/022 for E. Dale & Linda Soule", filed September 29, 2006, in the office of the Lassen County Recorder in Book 41 of Maps, at Page 22. (APN 116-470-018-000).
And as shown on the attached map labeled Exhibit “D” is hereby zoned as a C-2 (General Commercial/Shopping Center) zone district, as established by Chapter 17.20 of the ZONING ORDINANCE FOR THE CITY OF SUSANVILLE.
Section 2. The City Clerk shall, within fifteen (15) days after its passage, cause this Ordinance to be published at least once in the Modoc Record, a newspaper of general circulation, printed, published, and circulated within the general area.
Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being expressly declared that this ordinance and each section, subsection, sentence, clause or phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4. This Ordinance shall take effect upon the thirty-first day after its passage.
APPROVED: ________________________
Quincy McCourt, Mayor
ATTEST: ________________________
Heidi Whitlock, City Clerk
The foregoing ordinance was adopted at a regular meeting of the City Council of the City of Susanville held on the 6th day of September 2023, by the following vote:
AYES:
NOES:
197
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ABSENT:
ABSTAIN:
___________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: ___________________________
Margaret Long, City Attorney
198
Exhibit “D”
Existing and Proposed Zoning
Thompson Family Trust 70 Space RV Park
Exis? ng Zoning C-M/O-S (Light Industrial District/Open Space District) Proposed Zoning C-2 (General Commercial/Shopping Center) 199
Exhibit “E”
Existing and Proposed General Plan Designation
Thompson Family Trust 70 Space RV Park
Existing General Plan Designation (Light Industry/Business Park and Parks and Recreation) Proposed General Plan Designation (General Commercial/Shopping Center) 200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
AGENDA ITEM NO. 7.B
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: September 6, 2023
SUBJECT: Conduct Cost Recovery Public Hearing Case # LN2023-001 and consider Resolution No. 23-6177, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6178, approving the recordation of a lien against real property at 1135 Brian Court.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY: Susanville Municipal Code Section 8.40.170 states that the city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within sixty calendar days, and for which no appeal has been filed may also be assessed and made a lien against real property upon which the violation occurred. Lien procedures shall be the same as outlined in Susanville Municipal Code Sections 8.32.210 through
8.32.270.
The Susanville City Council shall receive, hear, and consider a cost report, together with any other relevant evidence, objections, protests, or testimony. Thereupon, the council may make such revision, correction, or modification to the cost report as it may deem just after which, by resolution, the details of the report, as submitted or revised, corrected, or modified, shall be confirmed.
If the cost report is approved, the council may consider authorizing the Code Enforcement Officer to record a lien with the Office of the ClerkRecorder for the County of Lassen.
Relating to the subject property of 1135 Brian Court, the following unpaid administrative fines, penalties, and accrued interest are listed for council consideration:
ADMINISTRATIVE FINES, PENALTIES, INTEREST
SUSANVILLE CITY COUNCIL AGENDA ITEM
220
Total Cost of $5,237.13
COS2021-0001
$169.92
$100.00 Base Fine
$50.00 Late Payment Penalty
$19.92 Interest
COS2021-0002
$340.08
$200.00 Base Fine
$100.00 Late Payment Penalty
$40.08 Interest
COS2021-0003
$338.41
$200.00 Base Fine
$100.00 Late Payment Penalty
$38.41 Interest
COS2021-0004
$169.09
$100.00 Base Fine
$50.00 Late Payment Penalty
$19.09 Interest
COS2021-0006
$845.94
$500.00 Base Fine
$250.00 Late Payment Penalty
$95.94 Interest
COS2021-0007
$845.94
$500.00 Base Fine
$250.00 Late Payment Penalty
$95.94 Interest
COS2021-0008
$845.94
$500.00 Base Fine
$250.00 Late Payment Penalty
221
$95.94 Interest
COS2021-0009
$338.41
$200.00 Base Fine
$100.00 Late Payment Penalty
$38.41 Interest
COS2021-0010
$169.09
$100.00 Base Fine
$50.00 Late Payment Penalty
$19.09 Interest
COS2021-0011
$336.74
$200.00 Base Fine
$100.00 Late Payment Penalty
$36.74 Interest
COS2021-0012
$837.57
$500.00 Base Fine
$250.00 Late Payment Penalty
$87.57 Interest
FISCAL IMPACT: If fines are approved by the city council and if all fines are collected, a potential increase in revenues for the General Fund in the amount of $5,237.13 is possible.
ACTION REQUESTED: Motion to approve Resolution No. 23-6177, approving cost report, and motion to approve the subsequent Resolution No. 23-6178, approving the recordation of a lien against real property at 1135 Brian Court.
ATTACHMENTS:
Cost Report - 1135 Brian Court
23-6177.pdf
23-6178.pdf
222
Background
Susanville Municipal Code Chapter 8.40 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 use of Chapter 8.40 shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this chapter, nor shall the use of this chapter be considered a prerequisite for the use of any other enforcement proceedings.
Upon adoption of Chapter 8.40 by way of Ordinance 17-1011, the city council found that the implementation of an administrative citation program was an appropriate method of enforcement as authorized by both the California Constitution Article XI, Section 7 (Exercise of Police Powers), and municipal affairs provisions of California Government Code Section 53069.4.
The enforcement of the Susanville Municipal Code, other ordinances adopted by the city, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of city agreement made pursuant to the police power is a matter of public health, safety, and welfare and serves important public purposes. The goals of Chapter 8.40 are: to protect public health, safety, and welfare of the city and its citizens, to gain compliance in a timely and efficient manner, to provide for an administrative process that has objective criteria for the imposition of administrative fines and provides for a fair process to appeal the imposition of administrative fines and penalties, to provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Susanville Municipal Code, ordinances, agreements, or terms and conditions of entitlements or permits enacted or approved to the police power, and to avoid or minimize the expense and delay of enforcement in the civil or criminal justice system.
Public Nuisance or Violation Determination
The matter for which an administrative citation was issued for this specific matter was in accordance with provisions found in Chapter 8.52 of the municipal code. Chapter 8.52 as enacted by Ordinance 17-1011 provides a just, equitable, and practical method, in addition to any other remedy available by law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, junk, trash, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or general welfare of the city , may be require to be to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions. The purpose of Chapter 8.52 is to provide minimum standards for the maintenance of property in the city.
Every owner, lessee, occupant or person having charge or control of buildings, structures or property within the city is required to maintain the buildings, structures or property in a manner so as not to violate the provisions of this chapter , and the owner, lessee, occupant or person having charge or control of the building, structure or property remains liable for violations hereof regardless of any contract or agreement with any thief party regarding the day. The duty imposed by this section on an owner shall in no instance relieve those other people referred to herein from the same duty.
Except during permitted hours (7:00am – 9:00pm), no person within the city shall make or cause the making of or suffer or permit to be made upon any premises, owned, occupied, or controlled 223
by such person, any loud, unusual, penetrating, or boisterous noise, disturbance, or commotion, which shall cause discomfort or annoyance to a reasonable person of normal sensitiveness.
Additionally, it is unlawful for any person with the city to start or operate, or cause to be started or operated, any gas, gasoline, kerosene, distillate, benzene, oil burning or other engine or motor within the city unless such engine or motor has device thereunto attached, in good working order, which shall at all times be in constant operation, to prevent excess or unusual or annoying noise from the exhaust of such motor or engine.
Approximate Parcel Size: Approximately 8,500 square feet.
Zoning: R-1 Single Family Residential
Administrative Citation Date Issued:
COS2021-0001 – August 22, 2021
COS2021-0002 – August 30, 2021
COS2021-0003 – September 15, 2021
COS2021-0004 – September 15, 2021
COS2021-0006 – September 27, 2021
COS2021-0007 – September 27, 2021
COS2021-0008 – October 1, 2021
COS2021-0009 – October 1, 2021
COS2021-0010 – October 1, 2021
COS2021-0011 – November 1, 2021
COS2021-0012 – December 1, 2021
Appeal Filed: None filed. The applicant was afforded the opportunity to lodge a written protest, even though not timely, that would be considered by the Hearing Board (Planning Commission) and ultimately the City Council, on review, to whether or not the appeal would be heard when the appeal was not filed in accordance with provisions outlined in this code. The property owner has not filed a written appeal or protest.
Administrative Citation Appeal Hearing Date: N/A
Determination of Appeal Hearing: N/A
Violations Include:
COS2021-0001
o 8.52.030(A)(3) SMC: Fence in disrepair
o 8.52.030(B)(2) SMC: Overgrown/Dead-Dying Vegetation
o 8.52.030(E)(6) SMC: Storage of car parts
o 9.04.060(A) SMC: Use of generator; unpermitted hours. COS2021-0002
o 9.04.060(A) SMC: Use of generator; unpermitted hours. COS2021-0003
o 8.52.030(A)(3) SMC: Fence in disrepair
o 8.52.030(B)(2) SMC: Overgrown/Dead-Dying Vegetation
o 8.52.030(E)(6) SMC: Storage of car parts
COS2021-0004
o 8.52.030(A)(3) SMC: Fence in disrepair
o 8.52.030(B)(2) SMC: Overgrown/Dead-Dying Vegetation
o 8.52.030(E)(6) SMC: Storage of car parts
COS2021-0006 – September 27, 2021
o 9.04.060(A) SMC: Use of generator, unpermitted hours
COS2021-0007
224
o 9.04.060(A) SMC: Use of generator, unpermitted hours
COS2021-0008
o 8.52.030(A)(3) SMC: Fence in disrepair
o 8.52.030(B)(2) SMC: Overgrown/Dead-Dying Vegetation
o 8.52.030(E)(6) SMC: Storage of car parts
COS2021-0009
o 8.52.030(A)(3) SMC: Fence in disrepair
o 8.52.030(B)(2) SMC: Overgrown/Dead-Dying Vegetation
o 8.52.030(E)(6) SMC: Storage of car parts
COS2021-0010
o 8.52.030(M) SMC: Residence declared Public Nuisance
COS2021-0011
o 8.52.030(M) SMC: Residence declared Public Nuisance
COS2021-0012
o 8.52.030(M) SMC: Residence declared Public Nuisance
Itemized Costs and Penalties Related to Abatement
The following fines are related to this case pursuant to Susanville Municipal Code Chapter 8.40.
ADMINISTRATIVE FINES, PENALTIES, INTEREST
COS2021-0001
$169.92
$100.00 Base Fine
$50.00 Late Payment Penalty
$19.92 Interest
COS2021-0002
$340.08
$200.00 Base Fine
$100.00 Late Payment Penalty
$40.08 Interest
COS2021-0003
$338.41
$200.00 Base Fine
$100.00 Late Payment Penalty
$38.41 Interest
COS2021-0004
$169.09
$100.00 Base Fine
$50.00 Late Payment Penalty
$19.09 Interest
COS2021-0006
$845.94
$500.00 Base Fine
$250.00 Late Payment Penalty
$95.94 Interest
COS2021-0007
$845.94
$500.00 Base Fine
$250.00 Late Payment Penalty
$95.94 Interest
COS2021-0008
$845.94
$500.00 Base Fine
$250.00 Late Payment Penalty
$95.94 Interest
COS2021-0009
$338.41
$200.00 Base Fine
$100.00 Late Payment Penalty
$38.41 Interest
COS2021-0010
$169.09
$100.00 Base Fine
$50.00 Late Payment Penalty
$19.09 Interest
225
COS2021-0011
$336.74
$200.00 Base Fine
$100.00 Late Payment Penalty
$36.74 Interest
COS2021-0012
$837.57
$500.00 Base Fine
$250.00 Late Payment Penalty
$87.57 Interest
Late Payment Penalties and Interest:
8.40.150(A) SMC: The finance manager shall add a penalty of ten percent to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed fifty (50) percent of the original administrative fine.
8.40.150(B) SMC: In addition to penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of ten (10) percent per year, or fraction thereof, on the amount of delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid.
Owners Mailing Address
1135 Brian Court
Susanville, California 96130
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.40.170, Code Enforcement is asking the council to:
A. Order that the proposed lien of $5,237.13 become a lien on the above property and that the lien can be recorded in the Office of the Clerk-Recorder for the County of Lassen; and
Notice to Owners and Possessors
Pursuant to Susanville Municipal Code Section 8.32.200, Susanville Code Enforcement with an affidavit of service, and filing with the City Clerk with said affidavit, has notified the following owner of record and persons known to be in possession of the property of the hearing:
Michael Logan
1135 Brian Court
Susanville, California 96130
Michael Logan (Physical Posting)
1135 Brian Court
Susanville, California 96130
226
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE FINES
ISSUED AGAINST 1135 BRIAN COURT
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 1135 Brian Court, also known by assessors’ parcel number 101-201-010-000 was subject to eleven administrative citations from August 2021 through December 2021; and
WHEREAS, the property owner, Michael Logan, did not lodge a timely request for an appeal of said citations within the prescribed 21-day window, and no other written protest was received for consideration by the appeal hearing board; and WHEREAS, the amount of unpaid administrative fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $5,237.13.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby approves the cost report presented and orders the owner of 1135 Brian Court, APN 101-201-010-000, Michael Logan, to pay the total amount of $5,237.13 and any future interest accrued.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
227
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE RECORDATION OF A LIEN AGAINST REAL PROPERTY AT 1135 BRIAN COURT (APN 101-201-010-000)
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 1135 Brian Court, also known by assessors’ parcel number 101-201-010-000 was subject to eleven administrative citations from August 2021 through December 2021; and
WHEREAS, the property owner, Michael Logan, did not lodge a timely request for an appeal of said citations within the prescribed 21-day window, and no other written protest was received for consideration by the appeal hearing board; and WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $5,237.13; and
WHEREAS, the Susanville City Council approved, by Resolution No. 23-6177, the cost report and ordered the owner of 1135 Brian Court, APN 101-201-010-000, Michael Logan, to pay to the City of Susanville in the amount of $5,237.13 and any future interest accrued.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of Resolution No. 23-6178, with the Office of the Clerk-Recorder for the County of Lassen, and that such recordation shall constitute a lien against the real property located 1135 Brian Court, APN 101-201-010-000, owned by Michael Logan; and BE IT FURTHER RESOLVED that the amount of such lien shall be $5,237.13 plus interest at the legal rate of ten percent per annum commencing on September 6, 2023, and all other costs which may thereafter come due and continuing thereon until said lien and any accrued interest is paid in full.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
228
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
229
AGENDA ITEM NO. 7.C
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: September 6, 2023
SUBJECT: Conduct Cost Recovery Public Hearing on Case # LN2023-002 and consider Resolution No. 23-6179, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6180, approving the recordation of a lien against real property at 713 Cottage Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY: Susanville Municipal Code Section 8.40.170 states that the city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within sixty calendar days, and for which no appeal has been filed may also be assessed and made a lien against real property upon which the violation occurred. Lien procedures shall be the same as outlined in Susanville Municipal Code Sections 8.32.210 through
8.32.270.
The Susanville City Council shall receive, hear, and consider a cost report, together with any other relevant evidence, objections, protests, or testimony. Thereupon, the council may make such revision, correction, or modification to the cost report as it may deem just after which, by resolution, the details of the report, as submitted or revised, corrected, or modified, shall be confirmed.
If the cost report is approved, the council may consider authorizing the Code Enforcement Officer to record a lien with the Office of the ClerkRecorder for the County of Lassen.
Relating to the subject property of 713 Cottage Street, the following unpaid administrative fines, penalties, and accrued interest are listed for council consideration:
ADMINISTRATIVE FINES, PENALTIES, INTEREST
SUSANVILLE CITY COUNCIL AGENDA ITEM
230
Total Cost of $326.56
COS2022-0004
$100.00 Base Fine
$50.00 Late Payment Penalty
$13.28 Interest
COS2022-0005
$100.00 Base Fine
$50.00 Late Payment Penalty
$13.28 Interest
FISCAL IMPACT: If fines are approved by the city council and if all fines are collected, a potential increase in revenues for the General Fund in the amount of $326.56 is possible.
ACTION REQUESTED: Motion to approve Resolution No. 23-6179, approving cost report, and motion to approve the subsequent Resolution No. 23-6180, approving the recordation of a lien against real property at 713 Cottage Street.
ATTACHMENTS:
Cost Report - 713 Cottage Street
23-6180.pdf
23-6179.pdf
231
Background
Susanville Municipal Code Chapter 8.40 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 use of Chapter 8.40 shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this chapter, nor shall the use of this chapter be considered a prerequisite for the use of any other enforcement proceedings.
Upon adoption of Chapter 8.40 by way of Ordinance 17-1011, the city council found that the implementation of an administrative citation program was an appropriate method of enforcement as authorized by both the California Constitution Article XI, Section 7 (Exercise of Police Powers), and municipal affairs provisions of California Government Code Section 53069.4.
The enforcement of the Susanville Municipal Code, other ordinances adopted by the city, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of city agreement made pursuant to the police power is a matter of public health, safety, and welfare and serves important public purposes. The goals of Chapter 8.40 are: to protect public health, safety, and welfare of the city and its citizens, to gain compliance in a timely and efficient manner, to provide for an administrative process that has objective criteria for the imposition of administrative fines and provides for a fair process to appeal the imposition of administrative fines and penalties, to provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Susanville Municipal Code, ordinances, agreements, or terms and conditions of entitlements or permits enacted or approved to the police power, and to avoid or minimize the expense and delay of enforcement in the civil or criminal justice system.
Public Nuisance or Violation Determination
The matter for which an administrative citation was issued for this specific matter was in accordance with provisions found in Chapter 8.52 of the municipal code. Chapter 8.52 as enacted by Ordinance 17-1011 provides a just, equitable, and practical method, in addition to any other remedy available by law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, junk, trash, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or general welfare of the city , may be require to be to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions. The purpose of Chapter 8.52 is to provide minimum standards for the maintenance of property in the city.
Every owner, lessee, occupant or person having charge or control of buildings, structures or property within the city is required to maintain the buildings, structures or property in a manner so as not to violate the provisions of this chapter , and the owner, lessee, occupant or person having charge or control of the building, structure or property remains liable for violations hereof regardless of any contract or agreement with any thief party regarding the day. The duty imposed by this section on an owner shall in no instance relieve those other people referred to herein from the same duty.
Approximate Parcel Size: Approximately 11,500 square feet.
Zoning: UBD: Uptown Business District
232
Administrative Citation Date Issued:
COS2022-0003 – February 24, 2022
COS2022-0004 – February 24, 2022
COS2022-0005 – February 24. 2022
Appeal Filed: Yes
Administrative Citation Appeal Hearing Date: April 26, 2022 Determination of Appeal Hearing: PC 22-1097 / CC 22-5995 COS2022-0003 Canceled by Planning Commission
o Cancelation upheld by City Council
COS2022-0004 Upheld by Planning Commission
o Upheld by City Council
COS2022-0005 Upheld by Planning Commission
o Upheld by City Council
Violations Include:
COS2022-0003
o 8.52.030(A)(1)(b) SMC: Broken windows
COS2022-0004
o 8.52.030 (C) SMC: Inoperable vehicles.
COS2022-0005
o 8.52.030(E)(6) SMC: Storage of car parts
Itemized Costs and Penalties Related to Abatement
The following fines are related to this case pursuant to Susanville Municipal Code Chapter 8.40.
ADMINISTRATIVE FINES, PENALTIES, INTEREST
COS2022-0003
$0.00
Canceled
Planning Commission Resolution
No. 22-1097
City Council Resolution No. 22-
5995
COS2022-0004
$163.28
$100.00 Base Fine
$50.00 Late Payment Penalty
$13.28 Interest
COS2022-0005
$163.28
$100.00 Base Fine
$50.00 Late Payment Penalty
$13.28 Interest
Late Payment Penalties and Interest:
8.40.150(A) SMC: The finance manager shall add a penalty of ten percent to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed fifty (50) percent of the original administrative fine.
8.40.150(B) SMC: In addition to penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of ten (10) 233
percent per year, or fraction thereof, on the amount of delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid.
Owners Mailing Address
971 Leah Circle
Reno, Nevada 89511
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.40.170, Code Enforcement is asking the council to:
A. Order that the proposed lien of $326.56 become a lien on the above property and that the lien can be recorded in the Office of the Clerk-Recorder for the County of Lassen; and
Notice to Owners and Possessors
Pursuant to Susanville Municipal Code Section 8.32.200, Susanville Code Enforcement with an affidavit of service, and filing with the City Clerk with said affidavit, has notified the following owner of record and persons known to be in possession of the property of the hearing:
Tezak Family Trust
971 Leah Circle
Reno, Nevada 89511
Tezak Family Trust (Physical Posting)
713 Cottage Street
Susanville, California 96130
William Tezak
803 Main Street
Susanville, California 96130
David Tezak
PO Box 2700
Fort Myers Beach, Florida 33932
234
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE RECORDATION OF A LIEN AGAINST REAL PROPERTY AT 713 COTTAGE STREET (APN 103-321-020-000)
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 713 Cottage Street, also known by assessors’ parcel number 103-321-020-000 was subject to three administrative citations issued on February 24, 2022; and
WHEREAS, William Tezak, representing the Tezak Family Trust as the Trustee of the Trust appeared before the Administrative Appeal Hearing Board (Susanville Planning Commission) to appeal the issuance of said citations; and WHEREAS, the Administrative Appeal Hearing Board recommended to the Susanville City Council, which was affirmed, to cancel COS2022-0003, and uphold COS2022-0004 and COS2022-0005; and
WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $326.56; and
WHEREAS, the Susanville City Council approved, by Resolution No. 23-6179, the cost report and ordered the owner of 713 Cottage Street, APN 103-321-020-000, The Tezak Family Trust, to pay to the City of Susanville in the amount of $326.56 and any future interest accrued.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of Resolution No. 23-6180, with the Office of the Clerk-Recorder for the County of Lassen, and that such recordation shall constitute a lien against the real property located 713 Cottage Street, APN 103-321-020-000, owned by Tezak Family Trust.
BE IT FURTHER RESOLVED that the amount of such lien shall be $326.56 plus interest at the legal rate of ten percent per annum commencing on September 6, 2023 and all other costs which may thereafter come due and continuing thereon until said lien and any accrued interest is paid in full.
APPROVED:_______________________
Quincy McCourt, Mayor
ATTEST:_______________________
Heidi Whitlock, City Clerk
235
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
The foregoing resolution was adopted at a regular meeting of the City Council of the City of Susanville, held on the 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
236
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE FINES ISSUED AGAINST 713 COTTAGE STREET
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 713 Cottage Street, also known by assessors’ parcel number 103-321-020-000 was subject to three administrative citations issued on February 24, 2022; and
WHEREAS, William Tezak, representing the Tezak Family Trust as the Trustee of the Trust appeared before the Administrative Appeal Hearing Board (Susanville Planning Commission) to appeal the issuance of said citations; and WHEREAS, the Administrative Appeal Hearing Board recommended to the Susanville City Council, which was affirmed, to cancel COS2022-0003, and uphold COS2022-0004 and COS2022-0005; and
WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $326.56.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby approves the cost report presented to the city council and orders the property owner of 713 Cottage Street, APN 103-321-020-000, The Tezak Family Trust, to pay the total amount of $326.56 and any future interest accrued.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
237
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
238
AGENDA ITEM NO. 7.D
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: September 6, 2023
SUBJECT: Conduct Cost Recovery Public Hearing on Case # LN2023-003 and consider Resolution No. 23-6181, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6182, approving the recordation of a lien against real property at 811 Cottage Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY: Susanville Municipal Code Section 8.40.170 states that the city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within sixty calendar days, and for which no appeal has been filed may also be assessed and made a lien against real property upon which the violation occurred. Lien procedures shall be the same as outlined in Susanville Municipal Code Sections 8.32.210 through
8.32.270.
The Susanville City Council shall receive, hear, and consider a cost report, together with any other relevant evidence, objections, protests, or testimony. Thereupon, the council may make such revision, correction, or modification to the cost report as it may deem just after which, by resolution, the details of the report, as submitted or revised, corrected, or modified, shall be confirmed.
If the cost report is approved, the council may consider authorizing the Code Enforcement Officer to record a lien with the Office of the ClerkRecorder for the County of Lassen.
Relating to the subject property of 811 Cottage Street, the following unpaid administrative fines, penalties, and accrued interest are listed for council consideration:
ADMINISTRATIVE FINES, PENALTIES, INTEREST
SUSANVILLE CITY COUNCIL AGENDA ITEM
239
Total Cost of $653.24
COS2022-0006
$200.00 Base Fine
$100.00 Late Payment Penalty
$26.68 Interest
COS2022-0007
$100.00 Base Fine
$50.00 Late Payment Penalty
$13.28 Interest
COS2022-0008
$100.00 Base Fine
$50.00 Late Payment Penalty
$13.28 Interest
FISCAL IMPACT: If fines are approved by the city council and if all fines are collected, a potential increase in revenues for the General Fund in the amount of $653.24 is possible.
ACTION REQUESTED: Motion to approve Resolution No. 23-6181, approving cost report, and motion to approve the subsequent Resolution No. 23-6182, approving the recordation of a lien against real property at 811 Cottage Street.
ATTACHMENTS:
Cost Report - 811 Cottage Street
23-6182.pdf
23-6181.pdf
240
Background
Susanville Municipal Code Chapter 8.40 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 use of Chapter 8.40 shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this chapter, nor shall the use of this chapter be considered a prerequisite for the use of any other enforcement proceedings.
Upon adoption of Chapter 8.40 by way of Ordinance 17-1011, the city council found that the implementation of an administrative citation program was an appropriate method of enforcement as authorized by both the California Constitution Article XI, Section 7 (Exercise of Police Powers), and municipal affairs provisions of California Government Code Section 53069.4.
The enforcement of the Susanville Municipal Code, other ordinances adopted by the city, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of city agreement made pursuant to the police power is a matter of public health, safety, and welfare and serves important public purposes. The goals of Chapter 8.40 are: to protect public health, safety, and welfare of the city and its citizens, to gain compliance in a timely and efficient manner, to provide for an administrative process that has objective criteria for the imposition of administrative fines and provides for a fair process to appeal the imposition of administrative fines and penalties, to provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Susanville Municipal Code, ordinances, agreements, or terms and conditions of entitlements or permits enacted or approved to the police power, and to avoid or minimize the expense and delay of enforcement in the civil or criminal justice system.
Public Nuisance or Violation Determination
The matter for which an administrative citation was issued for this specific matter was in accordance with provisions found in Chapter 8.52 of the municipal code. Chapter 8.52 as enacted by Ordinance 17-1011 provides a just, equitable, and practical method, in addition to any other remedy available by law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, junk, trash, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or general welfare of the city , may be require to be to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions. The purpose of Chapter 8.52 is to provide minimum standards for the maintenance of property in the city.
Every owner, lessee, occupant or person having charge or control of buildings, structures or property within the city is required to maintain the buildings, structures or property in a manner so as not to violate the provisions of this chapter , and the owner, lessee, occupant or person having charge or control of the building, structure or property remains liable for violations hereof regardless of any contract or agreement with any thief party regarding the day. The duty imposed by this section on an owner shall in no instance relieve those other people referred to herein from the same duty.
241
Approximate Parcel Size: Approximately 6,000 square feet.
Zoning: UBD: Uptown Business District
Administrative Citation Date Issued:
COS2022-0006 – February 24, 2022
COS2022-0007 – February 24, 2022
COS2022-0008 – February 24. 2022
Appeal Filed: Yes
Administrative Citation Appeal Hearing Date: April 26, 2022 Determination of Appeal Hearing: PC 22-1097 / CC 22-5995 COS2022-0006 Upheld by Planning Commission
o Upheld by City Council
COS2022-0007 Upheld by Planning Commission
o Upheld by City Council
COS2022-0008 Upheld by Planning Commission
o Upheld by City Council
Violations Include:
COS2022-0006
o 8.52.030(E)(1) SMC: Trash/Debris
o 8.52.030(E)(6) SMC: Storage of car parts
COS2022-0007
o 8.52.030 (C) SMC: Inoperable vehicles.
COS2022-0008
o 17.40.030 SMC: Unpermitted land use in UBD
Itemized Costs and Penalties Related to Abatement
The following fines are related to this case pursuant to Susanville Municipal Code Chapter 8.40.
ADMINISTRATIVE FINES, PENALTIES, INTEREST
COS2022-0006
$326.68
$200.00 Base Fine
$100.00 Late Payment Penalty
$26.68 Interest
COS2022-0007
$163.28
$100.00 Base Fine
$50.00 Late Payment Penalty
$13.28 Interest
COS2022-0008
$163.28
$100.00 Base Fine
$50.00 Late Payment Penalty
$13.28 Interest
Late Payment Penalties and Interest:
8.40.150(A) SMC: The finance manager shall add a penalty of ten percent to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed fifty (50) percent of the original administrative fine.
242
8.40.150(B) SMC: In addition to penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of ten (10) percent per year, or fraction thereof, on the amount of delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid.
Owners Mailing Address
971 Leah Circle
Reno, Nevada 89511
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.40.170, Code Enforcement is asking the council to:
A. Order that the proposed lien of $653.24 become a lien on the above property and that the lien can be recorded in the Office of the Clerk-Recorder for the County of Lassen; and
Notice to Owners and Possessors
Pursuant to Susanville Municipal Code Section 8.32.200, Susanville Code Enforcement with an affidavit of service, and filing with the City Clerk with said affidavit, has notified the following owner of record and persons known to be in possession of the property of the hearing:
Caribbean Investments, Inc.
Attn: William M. Tezak, President
971 Leah Circle
Reno, Nevada 89511
Caribbean Investments, Inc.
Attn: William M. Tezak, President (Physical Posting)
811 Cottage Street
Susanville, California 96130
William Tezak
803 Main Street
Susanville, California 96130
243
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE APPROVING THE RECORDATION OF A LIEN AGAINST REAL PROPERTY AT 811 COTTAGE STREET (APN 103-323-015-000)
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 811 Cottage Street, also known by assessors’ parcel number 103-323-015-000 was subject to three administrative citations issued on February 24, 2022; and
WHEREAS, William Tezak, President of the Caribbean Investments Inc., appeared before the Administrative Appeal Hearing Board (Susanville Planning Commission) to appeal the issuance of said citations; and
WHEREAS, the Administrative Appeal Hearing Board recommended to the Susanville City Council, which was affirmed, uphold COS2022-0006, COS2022-0007 and COS2022-0008 WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $653.24; and
WHEREAS, the Susanville City Council approved, by Resolution No. 23-6181, the cost report and ordered the owner of 811 Cottage Street, APN 103-323-015-000, William M. Tezak, President of Caribbean Investments, Inc., to pay to the City of Susanville in the amount of $653.24 and any future interest accrued.
NOW, THEREFORE, BE IT RESOLVED that the City Council orders the recordation of this resolution, Resolution No. 23-6182, with the Office of the Clerk-Recorder for the County of Lassen and that such recordation shall constitute a lien against the real property located 811 Cottage Street, APN 103-323-015-000, owned by Caribbean Investments, Inc.
BE IT FURTHER RESOLVED that the amount of such lien shall be $653.24 plus interest at the legal rate of ten percent per annum commencing on September 6, 2023 and all other costs which may thereafter come due and continuing thereon until said lien and any accrued interest is paid in full.
APPROVED:_______________________
Quincy McCourt, Mayor
ATTEST:_______________________
Heidi Whitlock, City Clerk
244
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
The foregoing resolution was adopted at a regular meeting of the City Council of the City of Susanville, held on the 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
245
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6181
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE FINES ISSUED AGAINST 811 COTTAGE STREET
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 811 Cottage Street, also known by assessors’ parcel number 103-323-015-000 was subject to three administrative citations issued on February 24, 2022; and
WHEREAS, William Tezak, President of the Caribbean Investments Inc., appeared before the Administrative Appeal Hearing Board (Susanville Planning Commission) to appeal the issuance of said citations; and
WHEREAS, the Administrative Appeal Hearing Board recommended to the Susanville City Council, which was affirmed, uphold COS2022-0006, COS2022-0007, and COS2022- 0008; and
WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $653.24
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby approves the cost report presented to the city council and orders the property owner of 811 Cottage Street, APN 103-323-015-000, Caribbean Investments, Inc., to pay the total amount of $653.24 and any future interest accrued.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
246
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
247
AGENDA ITEM NO. 7.E
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: September 6, 2023
SUBJECT: Conduct Cost Recovery Public Hearing on Case # LN2023-004 and consider Resolution No. 23-6183, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6184, approving the recordation of a lien against real property at 50 South Gay Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY: Susanville Municipal Code Section 8.40.170 states that the city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within sixty calendar days, and for which no appeal has been filed may also be assessed and made a lien against real property upon which the violation occurred. Lien procedures shall be the same as outlined in Susanville Municipal Code Sections 8.32.210 through
8.32.270.
The Susanville City Council shall receive, hear, and consider a cost report, together with any other relevant evidence, objections, protests, or testimony. Thereupon, the council may make such revision, correction, or modification to the cost report as it may deem just after which, by resolution, the details of the report, as submitted or revised, corrected, or modified, shall be confirmed.
If the cost report is approved, the council may consider authorizing the Code Enforcement Officer to record a lien with the Office of the ClerkRecorder for the County of Lassen.
Relating to the subject property of 50 South Gay Street, the following unpaid administrative fines, penalties, and accrued interest are listed for council consideration:
ADMINISTRATIVE FINES, PENALTIES, INTEREST
SUSANVILLE CITY COUNCIL AGENDA ITEM
248
Total Cost of $326.56
COS2022-0009
$100.00 Base Fine
$50.00 Late Payment Penalty
$13.28 Interest
COS2022-0011
$100.00 Base Fine
$50.00 Late Payment Penalty
$13.28 Interest
FISCAL IMPACT: If fines are approved by the city council and if all fines are collected, a potential increase in revenues for the General Fund in the amount of $326.56 is possible.
ACTION REQUESTED: Motion to approve Resolution No. 23-6183, approving cost report, and motion to approve the subsequent Resolution No. 23-6184, approving the recordation of a lien against real property at 50 South Gay Street.
ATTACHMENTS:
Cost Report - 50 South Gay Street
23-6184.pdf
23-6183.pdf
249
Background
Susanville Municipal Code Chapter 8.40 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 use of Chapter 8.40 shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this chapter, nor shall the use of this chapter be considered a prerequisite for the use of any other enforcement proceedings.
Upon adoption of Chapter 8.40 by way of Ordinance 17-1011, the city council found that the implementation of an administrative citation program was an appropriate method of enforcement as authorized by both the California Constitution Article XI, Section 7 (Exercise of Police Powers), and municipal affairs provisions of California Government Code Section 53069.4.
The enforcement of the Susanville Municipal Code, other ordinances adopted by the city, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of city agreement made pursuant to the police power is a matter of public health, safety, and welfare and serves important public purposes. The goals of Chapter 8.40 are: to protect public health, safety, and welfare of the city and its citizens, to gain compliance in a timely and efficient manner, to provide for an administrative process that has objective criteria for the imposition of administrative fines and provides for a fair process to appeal the imposition of administrative fines and penalties, to provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Susanville Municipal Code, ordinances, agreements, or terms and conditions of entitlements or permits enacted or approved to the police power, and to avoid or minimize the expense and delay of enforcement in the civil or criminal justice system.
Public Nuisance or Violation Determination
The matter for which an administrative citation was issued for this specific matter was in accordance with provisions found in Chapter 8.52 of the municipal code. Chapter 8.52 as enacted by Ordinance 17-1011 provides a just, equitable, and practical method, in addition to any other remedy available by law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, junk, trash, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or general welfare of the city , may be require to be to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions. The purpose of Chapter 8.52 is to provide minimum standards for the maintenance of property in the city.
Every owner, lessee, occupant or person having charge or control of buildings, structures or property within the city is required to maintain the buildings, structures or property in a manner so as not to violate the provisions of this chapter , and the owner, lessee, occupant or person having charge or control of the building, structure or property remains liable for violations hereof regardless of any contract or agreement with any thief party regarding the day. The duty imposed by this section on an owner shall in no instance relieve those other people referred to herein from the same duty.
250
Approximate Parcel Size: Approximately 6,600 square feet.
Zoning: UBD: Uptown Business District
Administrative Citation Date Issued:
COS2022-0009 – February 24, 2022
COS2022-0010 – February 24, 2022
COS2022-0011 – February 24. 2022
Appeal Filed: Yes
Administrative Citation Appeal Hearing Date: April 26, 2022 Determination of Appeal Hearing: PC 22-1097 / CC 22-5995 COS2022-0009 Upheld by Planning Commission
o Upheld by City Council
COS2022-0010 Canceled by Planning Commission
o Cancelation upheld by City Council
COS2022-0011 Upheld by Planning Commission
o Upheld by City Council
Violations Include:
COS2022-0009
o 17.40.030 SMC: Unpermitted use in UBD
COS2022-0010
o 8.52.030 (A)(3) SMC: Dilapidated Fence.
COS2022-0011
o 8.52.030(E)(2) SMC: Storage of junk
Itemized Costs and Penalties Related to Abatement
The following fines are related to this case pursuant to Susanville Municipal Code Chapter 8.40.
ADMINISTRATIVE FINES, PENALTIES, INTEREST
COS2022-0009
$163.28
$100.00 Base Fine
$50.00 Late Payment Penalty
$13.28 Interest
COS2022-0010
$0.00
Canceled
Planning Commission Resolution
No. 22-1097
City Council Resolution No. 22-
5995
COS2022-0011
$163.28
$100.00 Base Fine
$50.00 Late Payment Penalty
$13.28 Interest
Late Payment Penalties and Interest:
8.40.150(A) SMC: The finance manager shall add a penalty of ten percent to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed fifty (50) percent of the original administrative fine.
251
8.40.150(B) SMC: In addition to penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of ten (10) percent per year, or fraction thereof, on the amount of delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid.
Owners Mailing Address
971 Leah Circle
Reno, Nevada 89511
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.40.170, Code Enforcement is asking the council to:
A. Order that the proposed lien of $326.56 become a lien on the above property and that the lien can be recorded in the Office of the Clerk-Recorder for the County of Lassen; and
Notice to Owners and Possessors
Pursuant to Susanville Municipal Code Section 8.32.200, Susanville Code Enforcement with an affidavit of service, and filing with the City Clerk with said affidavit, has notified the following owner of record and persons known to be in possession of the property of the hearing:
Tezak Family Trust
971 Leah Circle
Reno, Nevada 89511
Tezak Family Trust (Physical Posting)
50 South Gay Street
Susanville, California 96130
William Tezak
803 Main Street
Susanville, California 96130
David Tezak
PO Box 2700
Fort Myers Beach, Florida 33932
252
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE RECORDATION OF A LIEN AGAINST REAL PROPERTY AT 50 SOUTH GAY STREET (APN 103-321-017-000)
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 50 South Gay Street, also known by assessors’ parcel number 103-321-017-000 was subject to three administrative citations issued on February 24, 2022; and
WHEREAS, William Tezak, representing the Tezak Family Trust as the Trustee of the Trust appeared before the Administrative Appeal Hearing Board (Susanville Planning Commission) to appeal the issuance of said citations; and WHEREAS, the Administrative Appeal Hearing Board recommended to the Susanville City Council, which was affirmed, to cancel COS2022-0010, and uphold COS2022-0009 and COS2022-0010; and
WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $326.56; and
WHEREAS, the Susanville City Council approved, by Resolution No. 23-6183, the cost report and ordered the owner of 50 South Gay Street, APN 103-321-017-000, The Tezak Family Trust, to pay to the City of Susanville in the amount of $326.56 and any future interest accrued.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of Resolution No. 23-6184, with the Office of the Clerk-Recorder for the County of Lassen, and that such recordation shall constitute a lien against the real property located 50 South Gay Street, APN 103-321-017-000, owned by Tezak Family Trust; and
BE IT FURTHER RESOLVED that the amount of such lien shall be $326.56 plus interest at the legal rate of ten percent per annum commencing on September 6, 2023, and all other costs which may thereafter come due and continuing thereon until said lien and any accrued interest is paid in full.
APPROVED:_______________________
Quincy McCourt, Mayor
ATTEST:_______________________
Heidi Whitlock, City Clerk
253
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
The foregoing resolution was adopted at a regular meeting of the City Council of the City of Susanville, held on the 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
254
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE FINES ISSUED AGAINST 50 SOUTH GAY STREET
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 50 South Gay Street, also known by assessors’ parcel number 103-321-017-000 was subject to three administrative citations issued on February 24, 2022; and
WHEREAS, William Tezak, representing the Tezak Family Trust as the Trustee of the Trust appeared before the Administrative Appeal Hearing Board (Susanville Planning Commission) to appeal the issuance of said citations; and WHEREAS, the Administrative Appeal Hearing Board recommended to the Susanville City Council, which was affirmed, to cancel COS2022-0010, and uphold COS2022-0009 and COS2022-0011; and
WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $326.56.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby approves the cost report presented to the City Council and orders the property owner of 50 South Gay Street, APN 103-321-017-000, The Tezak Family Trust, to pay the total amount of $326.56 and any future interest accrued.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
255
AGENDA ITEM NO. 7.F
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: September 6, 2023
SUBJECT: Conduct Cost Recovery Public Hearing on Case # LN2023-005 and consider Resolution No. 23-6185, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6186, approving the recordation of a lien against real property at 610 Juniper Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY: Susanville Municipal Code Section 8.40.170 states that the city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within sixty calendar days, and for which no appeal has been filed may also be assessed and made a lien against real property upon which the violation occurred. Lien procedures shall be the same as outlined in Susanville Municipal Code Sections 8.32.210 through
8.32.270.
The Susanville City Council shall receive, hear, and consider a cost report, together with any other relevant evidence, objections, protests, or testimony. Thereupon, the council may make such revision, correction, or modification to the cost report as it may deem just after which, by resolution, the details of the report, as submitted or revised, corrected, or modified, shall be confirmed.
If the cost report is approved, the council may consider authorizing the Code Enforcement Officer to record a lien with the Office of the ClerkRecorder for the County of Lassen.
Relating to the subject property of 610 Juniper Street, the following unpaid administrative fines, penalties, and accrued interest are listed for council consideration:
ADMINISTRATIVE FINES, PENALTIES, INTEREST
SUSANVILLE CITY COUNCIL AGENDA ITEM
256
Total Cost of $313.28
COS2023-0001
$100.00 Base Fine
$50.00 Late Payment Penalty
$6.64 Interest
COS2023-0002
$100.00 Base Fine
$50.00 Late Payment Penalty
$6.64 Interest
FISCAL IMPACT: If fines are approved by the city council and if all fines are collected, a potential increase in revenues for the General Fund in the amount of $313.28 is possible.
ACTION REQUESTED: Motion to approve Resolution No. 23-6185, approving cost report, and motion to approve the subsequent Resolution No. 23-6186, approving the recordation of a lien against real property at 610 Juniper Street.
ATTACHMENTS:
Cost Report - 610 Juniper Street
23-6186.pdf
23-6185.pdf
257
Background
Susanville Municipal Code Chapter 8.40 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 use of Chapter 8.40 shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this chapter, nor shall the use of this chapter be considered a prerequisite for the use of any other enforcement proceedings.
Upon adoption of Chapter 8.40 by way of Ordinance 17-1011, the city council found that the implementation of an administrative citation program was an appropriate method of enforcement as authorized by both the California Constitution Article XI, Section 7 (Exercise of Police Powers), and municipal affairs provisions of California Government Code Section 53069.4.
The enforcement of the Susanville Municipal Code, other ordinances adopted by the city, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of city agreement made pursuant to the police power is a matter of public health, safety, and welfare and serves important public purposes. The goals of Chapter 8.40 are: to protect public health, safety, and welfare of the city and its citizens, to gain compliance in a timely and efficient manner, to provide for an administrative process that has objective criteria for the imposition of administrative fines and provides for a fair process to appeal the imposition of administrative fines and penalties, to provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Susanville Municipal Code, ordinances, agreements, or terms and conditions of entitlements or permits enacted or approved to the police power, and to avoid or minimize the expense and delay of enforcement in the civil or criminal justice system.
Public Nuisance or Violation Determination
6.08.010(A) SMC: It is unlawful for any person who owns, keeps, harbors, or cares for any dog to permit such dog to run at large from the premises used and occupied by said person for residential or business purposes unless such dog is under restraint.
6.08.020(A) SMC: All dogs on attaining the age of four months that are kept, harbored, or maintained by their owners in the city shall be licensed hereunder, and failure to do so is unlawful.
6.08.140 SMC: It is unlawful for the owner of any dog to keep or maintain such dog unless it shall have been vaccinated by a licensed veterinarian with anti-rabies vaccine.
Approximate Parcel Size: N/A
Zoning: N/A
Administrative Citation Date Issued:
COS2023-0001 – January 6, 2023
COS2023-0002 – January 6, 2023
Appeal Filed: No
Administrative Citation Appeal Hearing Date: N/A
Determination of Appeal Hearing: N/A
258
Violations Include:
COS2023-0001
o 6.08.010(A) SMC: Dog at Large
o 6.08.020(A) SMC: Unlicensed Dog
o 6.08.140 SMC: Proof of Rabies Vaccine
COS2023-0002
o 6.08.010(A) SMC: Dog at Large
o 6.08.020(A) SMC: Unlicensed Dog
o 6.08.140 SMC: Proof of Rabies Vaccine
Itemized Costs and Penalties Related to Abatement
The following fines are related to this case pursuant to Susanville Municipal Code Chapter 8.40.
ADMINISTRATIVE FINES, PENALTIES, INTEREST
COS2023-0001
$156.64
$100.00 Base Fine
$50.00 Late Payment Penalty
$6.64 Interest
COS2023-0002
$156.64
$100.00 Base Fine
$50.00 Late Payment Penalty
$6.64 Interest
Late Payment Penalties and Interest:
8.40.150(A) SMC: The finance manager shall add a penalty of ten percent to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed fifty (50) percent of the original administrative fine.
8.40.150(B) SMC: In addition to penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of ten (10) percent per year, or fraction thereof, on the amount of delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid.
Owners Mailing Address
610 Juniper Street
Susanville, California 96130
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.40.170, Code Enforcement is asking the council to:
A. Order that the proposed lien of $313.28 become a lien on the above property and that the lien can be recorded in the Office of the Clerk-Recorder for the County of Lassen; and
259
Notice to Owners and Possessors
Pursuant to Susanville Municipal Code Section 8.32.200, Susanville Code Enforcement with an affidavit of service, and filing with the City Clerk with said affidavit, has notified the following owner of record and persons known to be in possession of the property of the hearing:
Trae Wallace
610 Juniper Street
Susanville, California 96130
Trae Wallace (Physical Posting)
610 Juniper Street
Susanville, California 96130
260
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE RECORDATION OF A LIEN AGAINST REAL PROPERTY AT 610 JUNIPER STREET (APN 107-121-003-000)
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, which enacted Chapter 8.40 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations for violations of the Susanville Municipal Code; and WHEREAS, the real property owner, Trae Wallace, of 610 Juniper Street, also known by assessors’ parcel number 107-121-003-000 was subject to two administrative citations issued on January 6, 2023 for violations relating to the keeping of dogs within the city; and WHEREAS, the property owner, Trae Wallace, did not lodge a timely request for an appeal of said citations within the prescribed 21-day window; and WHEREAS, the amount of unpaid administrative fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $313.28; and WHEREAS, the Susanville City Council approved, by Resolution No. 23-6185, the cost report and ordered the owner of 610 Juniper Street, APN 107-121-003-000, Trae Wallace, to pay to the City of Susanville in the amount of $313.28 and any future interest accrued.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of Resolution No. 23-6186, with the Office of the Clerk-Recorder for the County of Lassen, and that such recordation shall constitute a lien against the real property located 610 Juniper Street, APN 107-121-003-000, owned by Trae Wallace; and BE IT FURTHER RESOLVED that the amount of such lien shall be $313.28 plus interest at the legal rate of ten percent per annum commencing on September 6, 2023, and all other costs which may thereafter come due and continuing thereon until said lien and any accrued interest is paid in full.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
261
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
262
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE FINES ISSUED AGAINST 610 JUNIPER STREET
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, which enacted Chapter 8.40 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations for violations of the Susanville Municipal Code; and WHEREAS, the real property owner, Trae Wallace, of 610 Juniper Street, also known by assessors’ parcel number 107-121-003-000 was subject to two administrative citations issued on January 6, 2023 for violations relating to the keeping of dogs within the city; and WHEREAS, the property owner, Trae Wallace, did not lodge a timely request for an appeal of said citations within the prescribed 21-day window; and WHEREAS, the amount of unpaid administrative fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $313.28.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby approves the cost report presented to the city council and orders the owner of 610 Juniper Street, APN 107-121-003-000, Trae Wallace, to pay the total amount of $313.28 and any future interest accrued.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
263
AGENDA ITEM NO. 7.G
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: September 6, 2023
SUBJECT: Conduct Cost Recovery Public Hearing on Case # LN2023-006 and consider Resolution No. 23-6187, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6188, approving the recordation of a lien against real property at 713 Cottage Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY: Susanville Municipal Code Section 8.40.170 states that the city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within sixty calendar days, and for which no appeal has been filed may also be assessed and made a lien against real property upon which the violation occurred. Lien procedures shall be the same as outlined in Susanville Municipal Code Sections 8.32.210 through
8.32.270.
The Susanville City Council shall receive, hear, and consider a cost report, together with any other relevant evidence, objections, protests, or testimony. Thereupon, the council may make such revision, correction, or modification to the cost report as it may deem just after which, by resolution, the details of the report, as submitted or revised, corrected, or modified, shall be confirmed.
If the cost report is approved, the council may consider authorizing the Code Enforcement Officer to record a lien with the Office of the ClerkRecorder for the County of Lassen.
Relating to the subject property of 713 Cottage Street, the following unpaid administrative fines, penalties, and accrued interest are listed for council consideration:
ADMINISTRATIVE FINES, PENALTIES, INTEREST
Total Cost of $1,146.68
SUSANVILLE CITY COUNCIL AGENDA ITEM
264
COS2023-0003
$100.00 Base Fine
$40.00 Late Payment Penalty
$3.32 Interest
COS2023-0010
$200.00 Base Fine
$80.00 Late Payment Penalty
$6.68 Interest
COS2023-0017
$500.00 Base Fine
$200.00 Late Payment Penalty
$16.68 Interest
FISCAL IMPACT: If fines are approved by the city council and if all fines are collected, a potential increase in revenues for the General Fund in the amount of $1,146.68 is possible.
ACTION REQUESTED: Motion to approve Resolution No. 23-6187, approving cost report, and motion to approve the subsequent Resolution No. 23-6188, approving the recordation of a lien against real property at 713 Cottage Street.
ATTACHMENTS:
Cost Report - 713 Cottage Street
23-6187.pdf
23-6188.pdf
265
Background
Susanville Municipal Code Chapter 8.40 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 use of Chapter 8.40 shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this chapter, nor shall the use of this chapter be considered a prerequisite for the use of any other enforcement proceedings.
Upon adoption of Chapter 8.40 by way of Ordinance 17-1011, the city council found that the implementation of an administrative citation program was an appropriate method of enforcement as authorized by both the California Constitution Article XI, Section 7 (Exercise of Police Powers), and municipal affairs provisions of California Government Code Section 53069.4.
The enforcement of the Susanville Municipal Code, other ordinances adopted by the city, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of city agreement made pursuant to the police power is a matter of public health, safety, and welfare and serves important public purposes. The goals of Chapter 8.40 are: to protect public health, safety, and welfare of the city and its citizens, to gain compliance in a timely and efficient manner, to provide for an administrative process that has objective criteria for the imposition of administrative fines and provides for a fair process to appeal the imposition of administrative fines and penalties, to provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Susanville Municipal Code, ordinances, agreements, or terms and conditions of entitlements or permits enacted or approved to the police power, and to avoid or minimize the expense and delay of enforcement in the civil or criminal justice system.
Public Nuisance or Violation Determination
The matter for which an administrative citation was issued for this specific matter was in accordance with provisions found in Chapter 8.52 of the municipal code. Chapter 8.52 as enacted by Ordinance 17-1011 provides a just, equitable, and practical method, in addition to any other remedy available by law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, junk, trash, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or general welfare of the city , may be require to be to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions. The purpose of Chapter 8.52 is to provide minimum standards for the maintenance of property in the city.
Every owner, lessee, occupant or person having charge or control of buildings, structures or property within the city is required to maintain the buildings, structures or property in a manner so as not to violate the provisions of this chapter , and the owner, lessee, occupant or person having charge or control of the building, structure or property remains liable for violations hereof regardless of any contract or agreement with any thief party regarding the day. The duty imposed by this section on an owner shall in no instance relieve those other people referred to herein from the same duty.
In addition to Chapter 8.52, Chapter 8.32 provides for the administrative nuisance abatement process which is intended to enable the city to respond effectively to public nuisances in order 266
to maintain and protect the public peace, safety, welfare, and order and to provide security and protection to the community from harms and wrongdoings. This process makes available an alternative remedy to instituting a civil suit to enjoin public nu9isance by authorizing the administrative body to impose orders and conditions to abate and halt public nuisances.
Chapter 8.52 violations are encapsulated by Chapter 8.32, specifically, by Section 8.32.050 (C)(4) SMC which allows for an enforcement official to utilize both sections of code for the same purposes of beginning an administrative code enforcement case against a violating property.
Approximate Parcel Size: Approximately 11,500 square feet.
Zoning: UBD: Uptown Business District
Administrative Citation Date Issued:
COS2023-0003 – April 5, 2023
COS2023-0010 – April 7, 2023
COS2022-0005 – April 11, 2023
Appeal Filed: No
Administrative Citation Appeal Hearing Date: N/A
Determination of Appeal Hearing: N/A
Violations Include:
COS2023-0003
o 8.32.050(C)(1) SMC: Accumulation of visible junk
o 8.32.050 (C)(4) SMC: Property Maintenance Standards
8.52.030(A)(1)(a) SMC: Broken Windows
8.52.030(C)(2) SMC: Unsightly parking lot
8.52.030(C)(4) SMC: Inoperable vehicles
8.52.030(C)(5) SMC: Dismantled vehicles
8.52.030(D) SMC: Attractive nuisance
8.52.030(E)(1) SMC: Trash and Debris
8.52.030(E)(2) SMC: Household items stored outdoors
8.52.030(G) SMC: Excessive accumulation of oil/driveway o 8.32.050(C)(5) SMC: Outside storage of vehicle/parts/etc. o 17920.3(a)(16) H&S: Lack of adequate garbage storage/removal COS2023-0010
o 8.32.050(C)(1) SMC: Accumulation of visible junk
o 8.32.050 (C)(4) SMC: Property Maintenance Standards
8.52.030(A)(1)(a) SMC: Broken Windows
8.52.030(C)(2) SMC: Unsightly parking lot
8.52.030(C)(4) SMC: Inoperable vehicles
8.52.030(C)(5) SMC: Dismantled vehicles
8.52.030(D) SMC: Attractive nuisance
8.52.030(E)(1) SMC: Trash and Debris
8.52.030(E)(2) SMC: Household items stored outdoors
8.52.030(G) SMC: Excessive accumulation of oil/driveway o 8.32.050(C)(5) SMC: Outside storage of vehicle/parts/etc. o 17920.3(a)(16) H&S: Lack of adequate garbage storage/removal COS2023-0017
267
o 8.32.050(C)(1) SMC: Accumulation of visible junk
o 8.32.050 (C)(4) SMC: Property Maintenance Standards
8.52.030(A)(1)(a) SMC: Broken Windows
8.52.030(C)(2) SMC: Unsightly parking lot
8.52.030(C)(4) SMC: Inoperable vehicles
8.52.030(C)(5) SMC: Dismantled vehicles
8.52.030(D) SMC: Attractive nuisance
8.52.030(E)(1) SMC: Trash and Debris
8.52.030(E)(2) SMC: Household items stored outdoors
8.52.030(G) SMC: Excessive accumulation of oil/driveway o 8.32.050(C)(5) SMC: Outside storage of vehicle/parts/etc. o 17920.3(a)(16) H&S: Lack of adequate garbage storage/removal Itemized Costs and Penalties Related to Abatement
The following fines are related to this case pursuant to Susanville Municipal Code Chapter 8.40.
ADMINISTRATIVE FINES, PENALTIES, INTEREST
COS2023-0003
$143.32
$100.00 Base Fine
$40.00 Late Payment Penalty
$3.32 Interest
COS2023-0010
$286.68
$200.00 Base Fine
$80.00 Late Payment Penalty
$6.68 Interest
COS2023-0017
$716.68
$500.00 Base Fine
$200.00 Late Payment Penalty
$16.68 Interest
Late Payment Penalties and Interest:
8.40.150(A) SMC: The finance manager shall add a penalty of ten percent to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed fifty (50) percent of the original administrative fine.
8.40.150(B) SMC: In addition to penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of ten (10) percent per year, or fraction thereof, on the amount of delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid.
Owners Mailing Address
971 Leah Circle
Reno, Nevada 89511
268
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.40.170, Code Enforcement is asking the council to:
A. Order that the proposed lien of $1,146.68 become a lien on the above property and that the lien can be recorded in the Office of the Clerk-Recorder for the County of Lassen; and
Notice to Owners and Possessors
Pursuant to Susanville Municipal Code Section 8.32.200, Susanville Code Enforcement with an affidavit of service, and filing with the City Clerk with said affidavit, has notified the following owner of record and persons known to be in possession of the property of the hearing:
Tezak Family Trust
971 Leah Circle
Reno, Nevada 89511
Tezak Family Trust (Physical Posting)
713 Cottage Street
Susanville, California 96130
William Tezak
803 Main Street
Susanville, California 96130
David Tezak
PO Box 2700
Fort Myers Beach, Florida 33932
269
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE FINES ISSUED AGAINST 713 COTTAGE STREET
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 713 Cottage Street, also known by assessors’ parcel number 103-321-020-000 was subject to three administrative citations issued on April 12, 2023 for violation observed on April 5, 2023, April 7, 2023, and April 11, 2023 respectively; and
WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $1,146.68, with no appeal received by the Tezak Family Trust.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville approves the cost report presented to the city council and orders the property owner of 713 Cottage Street, APN 103-321-020-000, The Tezak Family Trust, to pay the total amount of $1,146.68 and any future interest accrued.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
270
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6188
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE RECORDATION OF A LIEN AGAINST REAL PROPERTY AT 713 COTTAGE STREET (APN 103-321-020-000)
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 713 Cottage Street, also known by assessors’ parcel number 103-321-020-000 was subject to three administrative citations issued on April 12, 2023, for violation observed on April 5, 2023, April 7, 2023, and April 11, 2023, respectively; and
WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $1,146.68, with no appeal received by the Tezak Family Trust; and WHEREAS, the Susanville City Council approved, by Resolution No. 23-6187, the cost report and ordered the owner of 713 Cottage Street, APN 103-321-020-000, The Tezak Family Trust, to pay to the City of Susanville in the amount of $1,146.68 and any future interest accrued.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of Resolution No. 23-6188, with the Office of the Clerk-Recorder for the County of Lassen, and that such recordation shall constitute a lien against the real property located 713 Cottage Street, APN 103-321-020-000, owned by Tezak Family Trust; and
BE IT FURTHER RESOLVED that the amount of such lien shall be $1,146.68 plus interest at the legal rate of ten percent per annum commencing on September 6, 2023, and all other costs which may thereafter come due and continuing thereon until said lien and any accrued interest is paid in full.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
271
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
272
AGENDA ITEM NO. 7.H
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: September 6, 2023
SUBJECT: Conduct Cost Recovery Public Hearing on Case # LN2023-007 and consider Resolution No. 23-6189, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6190, approving the recordation of a lien against real property at 50 South Gay Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY: Susanville Municipal Code Section 8.40.170 states that the city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within sixty calendar days, and for which no appeal has been filed may also be assessed and made a lien against real property upon which the violation occurred. Lien procedures shall be the same as outlined in Susanville Municipal Code Sections 8.32.210 through
8.32.270.
The Susanville City Council shall receive, hear, and consider a cost report, together with any other relevant evidence, objections, protests, or testimony. Thereupon, the council may make such revision, correction, or modification to the cost report as it may deem just after which, by resolution, the details of the report, as submitted or revised, corrected, or modified, shall be confirmed.
If the cost report is approved, the council may consider authorizing the Code Enforcement Officer to record a lien with the Office of the ClerkRecorder for the County of Lassen.
Relating to the subject property of 50 South Gay Street, the following unpaid administrative fines, penalties, and accrued interest are listed for council consideration:
ADMINISTRATIVE FINES, PENALTIES, INTEREST
SUSANVILLE CITY COUNCIL AGENDA ITEM
273
Total Cost of $1,146.68
COS2023-0004
$100.00 Base Fine
$40.00 Late Payment Penalty
$3.32 Interest
COS2023-011
$200.00 Base Fine
$80.00 Late Payment Penalty
$6.68 Interest
COS2023-0018
$500.00 Base Fine
$200.00 Late Payment Penalty
$16.68 Interest
FISCAL IMPACT: If fines are approved by the city council and if all fines are collected, a potential increase in revenues for the General Fund in the amount of $1,146.68 is possible.
ACTION REQUESTED: Motion to approve Resolution No. 23-6189, approving cost report, and motion to approve the subsequent Resolution No. 23-6190, approving the recordation of a lien against real property at 50 South Gay Street.
ATTACHMENTS:
Cost Report - 50 South Gay Street
23-6189.pdf
23-6190.pdf
274
Background
Susanville Municipal Code Chapter 8.40 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 use of Chapter 8.40 shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this chapter, nor shall the use of this chapter be considered a prerequisite for the use of any other enforcement proceedings.
Upon adoption of Chapter 8.40 by way of Ordinance 17-1011, the city council found that the implementation of an administrative citation program was an appropriate method of enforcement as authorized by both the California Constitution Article XI, Section 7 (Exercise of Police Powers), and municipal affairs provisions of California Government Code Section 53069.4.
The enforcement of the Susanville Municipal Code, other ordinances adopted by the city, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of city agreement made pursuant to the police power is a matter of public health, safety, and welfare and serves important public purposes. The goals of Chapter 8.40 are: to protect public health, safety, and welfare of the city and its citizens, to gain compliance in a timely and efficient manner, to provide for an administrative process that has objective criteria for the imposition of administrative fines and provides for a fair process to appeal the imposition of administrative fines and penalties, to provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Susanville Municipal Code, ordinances, agreements, or terms and conditions of entitlements or permits enacted or approved to the police power, and to avoid or minimize the expense and delay of enforcement in the civil or criminal justice system.
Public Nuisance or Violation Determination
The matter for which an administrative citation was issued for this specific matter was in accordance with provisions found in Chapter 8.52 of the municipal code. Chapter 8.52 as enacted by Ordinance 17-1011 provides a just, equitable, and practical method, in addition to any other remedy available by law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, junk, trash, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or general welfare of the city , may be require to be to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions. The purpose of Chapter 8.52 is to provide minimum standards for the maintenance of property in the city.
Every owner, lessee, occupant or person having charge or control of buildings, structures or property within the city is required to maintain the buildings, structures or property in a manner so as not to violate the provisions of this chapter , and the owner, lessee, occupant or person having charge or control of the building, structure or property remains liable for violations hereof regardless of any contract or agreement with any thief party regarding the day. The duty imposed by this section on an owner shall in no instance relieve those other people referred to herein from the same duty.
In addition to Chapter 8.52, Chapter 8.32 provides for the administrative nuisance abatement process which is intended to enable the city to respond effectively to public nuisances in order 275
to maintain and protect the public peace, safety, welfare, and order and to provide security and protection to the community from harms and wrongdoings. This process makes available an alternative remedy to instituting a civil suit to enjoin public nu9isance by authorizing the administrative body to impose orders and conditions to abate and halt public nuisances.
Chapter 8.52 violations are encapsulated by Chapter 8.32, specifically, by Section 8.32.050 (C)(4) SMC which allows for an enforcement official to utilize both sections of code for the same purposes of beginning an administrative code enforcement case against a violating property.
Approximate Parcel Size: Approximately 6,600 square feet.
Zoning: UBD: Uptown Business District
Administrative Citation Date Issued:
COS2023-0004 – April 5, 2023
COS2023-0011 – April 7, 2023
COS2023-0018 – April 11, 2023
Appeal Filed: No
Administrative Citation Appeal Hearing Date: N/A
Determination of Appeal Hearing: N/A
Violations Include:
COS2023-0004
o 8.32.050(C)(4) SMC: Property Maintenance Standards
8.52.030(A)(1)(a) SMC: Broken window
8.52.030(I) SMC: Graffiti
8.52.030(J) SMC: Unapproved sign
8.52.030(K) SMC: Sign/injurious to public
COS2023-0011
8.52.030(A)(1)(a) SMC: Broken window
8.52.030(I) SMC: Graffiti
8.52.030(J) SMC: Unapproved sign
8.52.030(K) SMC: Sign/injurious to public
COS2023-0018
8.52.030(A)(1)(a) SMC: Broken window
8.52.030(I) SMC: Graffiti
8.52.030(J) SMC: Unapproved sign
8.52.030(K) SMC: Sign/injurious to public
Itemized Costs and Penalties Related to Abatement
The following fines are related to this case pursuant to Susanville Municipal Code Chapter 8.40.
ADMINISTRATIVE FINES, PENALTIES, INTEREST
COS2023-0004
$143.32
$100.00 Base Fine
$40.00 Late Payment Penalty
$3.32 Interest
COS2023-0011
$286.68
$200.00 Base Fine
$80.00 Late Payment Penalty
$6.68 Interest
COS2023-0018 $500.00 Base Fine
276
$716.68 $200.00 Late Payment Penalty
$16.68 Interest
Late Payment Penalties and Interest:
8.40.150(A) SMC: The finance manager shall add a penalty of ten percent to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed fifty (50) percent of the original administrative fine.
8.40.150(B) SMC: In addition to penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of ten (10) percent per year, or fraction thereof, on the amount of delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid.
Owners Mailing Address
971 Leah Circle
Reno, Nevada 89511
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.40.170, Code Enforcement is asking the council to:
A. Order that the proposed lien of $1,146.68 become a lien on the above property and that the lien can be recorded in the Office of the Clerk-Recorder for the County of Lassen; and
Notice to Owners and Possessors
Pursuant to Susanville Municipal Code Section 8.32.200, Susanville Code Enforcement with an affidavit of service, and filing with the City Clerk with said affidavit, has notified the following owner of record and persons known to be in possession of the property of the hearing:
Tezak Family Trust
971 Leah Circle
Reno, Nevada 89511
Tezak Family Trust (Physical Posting)
50 South Gay Street
Susanville, California 96130
William Tezak
803 Main Street
Susanville, California 96130
David Tezak
PO Box 2700
Fort Myers Beach, Florida 33932
277
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE FINES ISSUED AGAINST 50 SOUTH GAY STREET
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 50 South Gay Street, also known by assessors’ parcel number 103-321-017-000 was subject to three administrative citations issued on April 12, 2023, for violations observed on April 5, 2023, April 7, 2023, and April 11, 2023, respectively; and
WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $1,146.68, with no appeal received by the Tezak Family Trust.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby approves the cost report presented to the city council and orders the property owner of 50 South Gay Street, APN 103-321-017-000, The Tezak Family Trust, to pay the total amount of $1,146.68 and any future interest accrued.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
278
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE APPROVING THE RECORDATION OF A LIEN AGAINST REAL PROPERTY AT 50 SOUTH GAY STREET (APN 103-321-017-000)
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 50 South Gay Street, also known by assessors’ parcel number 103-321-017-000 was subject to three administrative citations issued on April 12, 2023 for violations observed on April 5, 2023, April 7, 2023, and April 11, 2023 respectively; and
WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $1,146.68, with no appeal received by the Tezak Family Trust; and WHEREAS, the Susanville City Council approved, by Resolution No. 23-6189, the cost report and ordered the owner of 50 South Gay Street, APN 103-321-017-000, The Tezak Family Trust, to pay to the City of Susanville in the amount of $1,146.68 and any future interest accrued.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of Resolution No. 23-6190, with the Office of the Clerk-Recorder for the County of Lassen, and that such recordation shall constitute a lien against the real property located 50 South Gay Street, APN 103-321-017-000, owned by Tezak Family Trust; and
BE IT FURTHER RESOLVED that the amount of such lien shall be $1,146.68 plus interest at the legal rate of ten percent per annum commencing on September 6, 2023, and all other costs which may thereafter come due and continuing thereon until said lien and any accrued interest is paid in full.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
279
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
280
AGENDA ITEM NO. 7.I
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: September 6, 2023
SUBJECT: Conduct Cost Recovery Public Hearing on Case # LN2023-008 and consider Resolution No. 23-6191, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6192, approving the recordation of a lien against real property at 811 Cottage Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY: Susanville Municipal Code Section 8.40.170 states that the city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within sixty calendar days, and for which no appeal has been filed may also be assessed and made a lien against real property upon which the violation occurred. Lien procedures shall be the same as outlined in Susanville Municipal Code Sections 8.32.210 through
8.32.270.
The Susanville City Council shall receive, hear, and consider a cost report, together with any other relevant evidence, objections, protests, or testimony. Thereupon, the council may make such revision, correction, or modification to the cost report as it may deem just after which, by resolution, the details of the report, as submitted or revised, corrected, or modified, shall be confirmed.
If the cost report is approved, the council may consider authorizing the Code Enforcement Officer to record a lien with the Office of the ClerkRecorder for the County of Lassen.
Relating to the subject property of 811 Cottage Street, the following unpaid administrative fines, penalties, and accrued interest are listed for council consideration:
ADMINISTRATIVE FINES, PENALTIES, INTEREST
SUSANVILLE CITY COUNCIL AGENDA ITEM
281
Total Cost of $1,146.68
COS2023-0005
$100.00 Base Fine
$40.00 Late Payment Penalty
$3.32 Interest
COS2023-012
$200.00 Base Fine
$80.00 Late Payment Penalty
$6.68 Interest
COS2023-0019
$500.00 Base Fine
$200.00 Late Payment Penalty
$16.68 Interest
FISCAL IMPACT: If fines are approved by the city council and if all fines are collected, a potential increase in revenues for the General Fund in the amount of $1,146.68 is possible.
ACTION REQUESTED: Motion to approve Resolution No. 23-6191, approving cost report, and motion to approve the subsequent Resolution No. 23-6192, approving the recordation of a lien against real property at 811 Cottage Street.
ATTACHMENTS:
Cost Report - 811 Cottage Street
23-6191.pdf
23-6192.pdf
282
Background
Susanville Municipal Code Chapter 8.40 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 use of Chapter 8.40 shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this chapter, nor shall the use of this chapter be considered a prerequisite for the use of any other enforcement proceedings.
Upon adoption of Chapter 8.40 by way of Ordinance 17-1011, the city council found that the implementation of an administrative citation program was an appropriate method of enforcement as authorized by both the California Constitution Article XI, Section 7 (Exercise of Police Powers), and municipal affairs provisions of California Government Code Section 53069.4.
The enforcement of the Susanville Municipal Code, other ordinances adopted by the city, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of city agreement made pursuant to the police power is a matter of public health, safety, and welfare and serves important public purposes. The goals of Chapter 8.40 are: to protect public health, safety, and welfare of the city and its citizens, to gain compliance in a timely and efficient manner, to provide for an administrative process that has objective criteria for the imposition of administrative fines and provides for a fair process to appeal the imposition of administrative fines and penalties, to provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Susanville Municipal Code, ordinances, agreements, or terms and conditions of entitlements or permits enacted or approved to the police power, and to avoid or minimize the expense and delay of enforcement in the civil or criminal justice system.
Public Nuisance or Violation Determination
The matter for which an administrative citation was issued for this specific matter was in accordance with provisions found in Chapter 8.52 of the municipal code. Chapter 8.52 as enacted by Ordinance 17-1011 provides a just, equitable, and practical method, in addition to any other remedy available by law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, junk, trash, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or general welfare of the city , may be require to be to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions. The purpose of Chapter 8.52 is to provide minimum standards for the maintenance of property in the city.
Every owner, lessee, occupant or person having charge or control of buildings, structures or property within the city is required to maintain the buildings, structures or property in a manner so as not to violate the provisions of this chapter , and the owner, lessee, occupant or person having charge or control of the building, structure or property remains liable for violations hereof regardless of any contract or agreement with any thief party regarding the day. The duty imposed by this section on an owner shall in no instance relieve those other people referred to herein from the same duty.
In addition to Chapter 8.52, Chapter 8.32 provides for the administrative nuisance abatement process which is intended to enable the city to respond effectively to public nuisances in order 283
to maintain and protect the public peace, safety, welfare, and order and to provide security and protection to the community from harms and wrongdoings. This process makes available an alternative remedy to instituting a civil suit to enjoin public nu9isance by authorizing the administrative body to impose orders and conditions to abate and halt public nuisances.
Chapter 8.52 violations are encapsulated by Chapter 8.32, specifically, by Section 8.32.050 (C)(4) SMC which allows for an enforcement official to utilize both sections of code for the same purposes of beginning an administrative code enforcement case against a violating property.
Approximate Parcel Size: Approximately 6,000 square feet.
Zoning: UBD: Uptown Business District
Administrative Citation Date Issued:
COS2023-0005 – April 5, 2023
COS2023-0012 – April 7, 2023
COS2023-0019 – April 11, 2023
Appeal Filed: No
Administrative Citation Appeal Hearing Date: N/A
Determination of Appeal Hearing: N/A
Violations Include:
COS2023-0005
o 8.32.050(C)(4) SMC: Property Maintenance Standards
8.52.030(A)(4) SMC: Railing for walkway
8.52.030(E)(1) SMC: Trash/Debris
8.52.030 (E)(3) SMC: Household items in view
8.52.030(K) SMC: Structure in required setbacks
COS2023-0012
o 8.32.050(C)(4) SMC: Property Maintenance Standards
8.52.030(A)(4) SMC: Railing for walkway
8.52.030(E)(1) SMC: Trash/Debris
8.52.030 (E)(3) SMC: Household items in view
8.52.030(K) SMC: Structure in required setbacks
COS2023-0019
o 8.32.050(C)(4) SMC: Property Maintenance Standards
8.52.030(A)(4) SMC: Railing for walkway
8.52.030(E)(1) SMC: Trash/Debris
8.52.030 (E)(3) SMC: Household items in view
8.52.030(K) SMC: Structure in required setbacks
Itemized Costs and Penalties Related to Abatement
The following fines are related to this case pursuant to Susanville Municipal Code Chapter 8.40.
ADMINISTRATIVE FINES, PENALTIES, INTEREST
COS2023-0005
$143.32
$100.00 Base Fine
$40.00 Late Payment Penalty
$3.32 Interest
COS2023-0012
$286.68
$200.00 Base Fine
$80.00 Late Payment Penalty
284
$6.68 Interest
COS2023-0019
$716.68
$500.00 Base Fine
$200.00 Late Payment Penalty
$16.68 Interest
Late Payment Penalties and Interest:
8.40.150(A) SMC: The finance manager shall add a penalty of ten percent to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed fifty (50) percent of the original administrative fine.
8.40.150(B) SMC: In addition to penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of ten (10) percent per year, or fraction thereof, on the amount of delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid.
Owners Mailing Address
971 Leah Circle
Reno, Nevada 89511
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.40.170, Code Enforcement is asking the council to:
A. Order that the proposed lien of $1,146.68 become a lien on the above property and that the lien can be recorded in the Office of the Clerk-Recorder for the County of Lassen; and
Notice to Owners and Possessors
Pursuant to Susanville Municipal Code Section 8.32.200, Susanville Code Enforcement with an affidavit of service, and filing with the City Clerk with said affidavit, has notified the following owner of record and persons known to be in possession of the property of the hearing:
Caribbean Investments, Inc.
Attn: William M. Tezak, President
971 Leah Circle
Reno, Nevada 89511
Caribbean Investments, Inc.
Attn: William M. Tezak, President (Physical Posting)
811 Cottage Street
Susanville, California 96130
William Tezak
803 Main Street
Susanville, California 96130
285
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE FINES ISSUED AGAINST 811 COTTAGE STREET
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 811 Cottage Street, also known by assessors’ parcel number 103-323-015-000 was subject to three administrative citations issued on April 12, 2023, for violations observed on April 5, 2023, April 7, 2023, and April 11, 2023, respectively; and
WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $1,146.68, with no appeal received by William M. Tezak, President of Caribbean Investments, Inc..
NOW, THEREFORE, BE IT RESOLVED that the City Council OF THE CITY OF Susanville hereby approves the cost report presented to the city council and orders the property owner of 811 Cottage Street, APN 103-323-015-000, Caribbean Investments, Inc., to pay the total amount of $1,146.68 and any future interest accrued.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
286
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE APPROVING THE RECORDATION OF A LIEN AGAINST REAL PROPERTY AT 811 COTTAGE STREET (APN 103-323-015-000)
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 811 Cottage Street, also known by assessors’ parcel number 103-323-015-000 was subject to three administrative citations issued on April 12, 2023, for violations observed on April 5, 2023, April 7, 2023, and April 11, 2023 respectively; and
WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $1,146.68, with no appeal received by William M. Tezak, President of Caribbean Investments, Inc; and
WHEREAS, the Susanville City Council approved, by Resolution No. 23-6191, the cost report and ordered the owner of 811 Cottage Street, APN 103-323-015-000, William M. Tezak, President of Caribbean Investments, Inc., to pay to the City of Susanville in the amount of $1,146.68 and any future interest accrued.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of Resolution No. 23-6192 with the Office of the Clerk-Recorder for the County of Lassen, and that such recordation shall constitute a lien against the real property located 811 Cottage Street, APN 103-323-015-000, owned by Caribbean Investments, Inc.; and
BE IT FURTHER RESOLVED that the amount of such lien shall be $1,146.68 plus interest at the legal rate of ten percent per annum commencing on September 6, 2023, and all other costs which may thereafter come due and continuing thereon until said lien and any accrued interest is paid in full.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
287
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
288
AGENDA ITEM NO. 7.J
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: September 6, 2023
SUBJECT: Conduct Cost Recovery Public Hearing on Case # LN2023-009 and consider Resolution No. 23-6193, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6194, approving the recordation of a lien against real property at 732 Main Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY: Susanville Municipal Code Section 8.40.170 states that the city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within sixty calendar days, and for which no appeal has been filed may also be assessed and made a lien against real property upon which the violation occurred. Lien procedures shall be the same as outlined in Susanville Municipal Code Sections 8.32.210 through
8.32.270.
The Susanville City Council shall receive, hear, and consider a cost report, together with any other relevant evidence, objections, protests, or testimony. Thereupon, the council may make such revision, correction, or modification to the cost report as it may deem just after which, by resolution, the details of the report, as submitted or revised, corrected, or modified, shall be confirmed.
If the cost report is approved, the council may consider authorizing the Code Enforcement Officer to record a lien with the Office of the ClerkRecorder for the County of Lassen.
Relating to the subject property of 732 Main Street, the following unpaid administrative fines, penalties, and accrued interest are listed for council consideration:
ADMINISTRATIVE FINES, PENALTIES, INTEREST
Total Cost of $430.00
SUSANVILLE CITY COUNCIL AGENDA ITEM
289
COS2023-0007
$100.00 Base Fine
$40.00 Late Payment Penalty
$3.32 Interest
COS2023-0014
$200.00 Base Fine
$80.00 Late Payment Penalty
$6.68 Interest
FISCAL IMPACT: If fines are approved by the city council and if all fines are collected, a potential increase in revenues for the General Fund in the amount of $430.00 is possible.
ACTION REQUESTED: Motion to approve Resolution No. 23-6193, approving cost report, and motion to approve the subsequent Resolution No. 23-6194, approving the recordation of a lien against real property at 732 Main Street.
ATTACHMENTS:
Cost Report - 732 Main Street
23-6193.pdf
23-6194.pdf
290
Background
Susanville Municipal Code Chapter 8.40 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 use of Chapter 8.40 shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this chapter, nor shall the use of this chapter be considered a prerequisite for the use of any other enforcement proceedings.
Upon adoption of Chapter 8.40 by way of Ordinance 17-1011, the city council found that the implementation of an administrative citation program was an appropriate method of enforcement as authorized by both the California Constitution Article XI, Section 7 (Exercise of Police Powers), and municipal affairs provisions of California Government Code Section 53069.4.
The enforcement of the Susanville Municipal Code, other ordinances adopted by the city, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of city agreement made pursuant to the police power is a matter of public health, safety, and welfare and serves important public purposes. The goals of Chapter 8.40 are: to protect public health, safety, and welfare of the city and its citizens, to gain compliance in a timely and efficient manner, to provide for an administrative process that has objective criteria for the imposition of administrative fines and provides for a fair process to appeal the imposition of administrative fines and penalties, to provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Susanville Municipal Code, ordinances, agreements, or terms and conditions of entitlements or permits enacted or approved to the police power, and to avoid or minimize the expense and delay of enforcement in the civil or criminal justice system.
Public Nuisance or Violation Determination
The matter for which an administrative citation was issued for this specific matter was in accordance with provisions found in Chapter 8.52 of the municipal code. Chapter 8.52 as enacted by Ordinance 17-1011 provides a just, equitable, and practical method, in addition to any other remedy available by law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, junk, trash, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or general welfare of the city , may be require to be to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions. The purpose of Chapter 8.52 is to provide minimum standards for the maintenance of property in the city.
Every owner, lessee, occupant or person having charge or control of buildings, structures or property within the city is required to maintain the buildings, structures or property in a manner so as not to violate the provisions of this chapter , and the owner, lessee, occupant or person having charge or control of the building, structure or property remains liable for violations hereof regardless of any contract or agreement with any thief party regarding the day. The duty imposed by this section on an owner shall in no instance relieve those other people referred to herein from the same duty.
In addition to Chapter 8.52, Chapter 8.32 provides for the administrative nuisance abatement process which is intended to enable the city to respond effectively to public nuisances in order 291
to maintain and protect the public peace, safety, welfare, and order and to provide security and protection to the community from harms and wrongdoings. This process makes available an alternative remedy to instituting a civil suit to enjoin public nu9isance by authorizing the administrative body to impose orders and conditions to abate and halt public nuisances.
Chapter 8.52 violations are encapsulated by Chapter 8.32, specifically, by Section 8.32.050 (C)(4) SMC which allows for an enforcement official to utilize both sections of code for the same purposes of beginning an administrative code enforcement case against a violating property.
Approximate Parcel Size: Approximately 3,750 square feet.
Zoning: UBD: Uptown Business District
Administrative Citation Date Issued:
COS2023-0007 – April 5, 2023
COS2023-0014 – April 7, 2023
Appeal Filed: No
Administrative Citation Appeal Hearing Date: N/A
Determination of Appeal Hearing: N/A
Violations Include:
COS2023-0007
o 8.32.050 (C)(4) SMC: Property Maintenance Standards
8.52.030(A)(1)(a) SMC: Broken Windows
COS2023-0014
o 8.32.050 (C)(4) SMC: Property Maintenance Standards
8.52.030(A)(1)(a) SMC: Broken Windows
Itemized Costs and Penalties Related to Abatement
The following fines are related to this case pursuant to Susanville Municipal Code Chapter 8.40.
ADMINISTRATIVE FINES, PENALTIES, INTEREST
COS2023-0007
$143.32
$100.00 Base Fine
$40.00 Late Payment Penalty
$3.32 Interest
COS2023-0014
$286.68
$200.00 Base Fine
$80.00 Late Payment Penalty
$6.68 Interest
Late Payment Penalties and Interest:
8.40.150(A) SMC: The finance manager shall add a penalty of ten percent to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed fifty (50) percent of the original administrative fine.
8.40.150(B) SMC: In addition to penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of ten (10) percent per year, or fraction thereof, on the amount of delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid. 292
Owners Mailing Address
971 Leah Circle
Reno, Nevada 89511
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.40.170, Code Enforcement is asking the council to:
A. Order that the proposed lien of $430.00 become a lien on the above property and that the lien can be recorded in the Office of the Clerk-Recorder for the County of Lassen; and
Notice to Owners and Possessors
Pursuant to Susanville Municipal Code Section 8.32.200, Susanville Code Enforcement with an affidavit of service, and filing with the City Clerk with said affidavit, has notified the following owner of record and persons known to be in possession of the property of the hearing:
Tezak Family Trust
971 Leah Circle
Reno, Nevada 89511
Tezak Family Trust (Physical Posting)
732 Main Street
Susanville, California 96130
William Tezak
803 Main Street
Susanville, California 96130
David Tezak
PO Box 2700
Fort Myers Beach, Florida 33932
293
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE FINES ISSUED AGAINST 732 MAIN STREET
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 732 Main Street, also known by assessors’ parcel number 103-321-009-000 was subject to two administrative citations issued on April 12, 2023, for violation observed on April 5, 2023, and April 7, 2023, respectively; and WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $430.00, with no appeal received by the Tezak Family Trust.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby approves the cost report presented to the city council and orders the property owner of 732 Main Street, APN 103-321-009-000, The Tezak Family Trust, to pay the total amount of $430.00 and any future interest accrued.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
294
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE RECORDATION OF A LIEN AGAINST REAL PROPERTY AT 732 MAIN STREET (APN 103-321-009-000)
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 732 Main Street, also known by assessors’ parcel number 103-321-009-000 was subject to two administrative citations issued on April 12, 2023, for violation observed on April 5, 2023, and April 7, 2023, respectively; and WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $430.00, with no appeal received by the Tezak Family Trust; and WHEREAS, the Susanville City Council approved, by Resolution No. 23-6193, the cost report and ordered the owner of 732 Main Street, APN 103-321-009-000, The Tezak Family Trust, to pay to the City of Susanville in the amount of $430.00 and any future interest accrued.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of Resolution No. 23-6194 with the Office of the Clerk-Recorder for the County of Lassen, and that such recordation shall constitute a lien against the real property located 732 Main Street, APN 103-321-009-000, owned by Tezak Family Trust; and BE IT FURTHER RESOLVED that the amount of such lien shall be $430.00 plus interest at the legal rate of ten percent per annum commencing on September 6, 2023, and all other costs which may thereafter come due and continuing thereon until said lien and any accrued interest is paid in full.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
295
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
296
AGENDA ITEM NO. 7.K
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: September 6, 2023
SUBJECT: Conduct Cost Recovery Public Hearing on Case # LN2023-010 and consider Resolution No. 23-6195, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6196, approving the recordation of a lien against real property at 801 Main Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY: Susanville Municipal Code Section 8.40.170 states that the city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within sixty calendar days, and for which no appeal has been filed may also be assessed and made a lien against real property upon which the violation occurred. Lien procedures shall be the same as outlined in Susanville Municipal Code Sections 8.32.210 through
8.32.270.
The Susanville City Council shall receive, hear, and consider a cost report, together with any other relevant evidence, objections, protests, or testimony. Thereupon, the council may make such revision, correction, or modification to the cost report as it may deem just after which, by resolution, the details of the report, as submitted or revised, corrected, or modified, shall be confirmed.
If the cost report is approved, the council may consider authorizing the Code Enforcement Officer to record a lien with the Office of the ClerkRecorder for the County of Lassen.
Relating to the subject property of 801 Main Street, the following unpaid administrative fines, penalties, and accrued interest are listed for council consideration:
ADMINISTRATIVE FINES, PENALTIES, INTEREST
Total Cost of $430.00
SUSANVILLE CITY COUNCIL AGENDA ITEM
297
COS2023-0008
$100.00 Base Fine
$40.00 Late Payment Penalty
$3.32 Interest
COS2023-0015
$200.00 Base Fine
$80.00 Late Payment Penalty
$6.68 Interest
FISCAL IMPACT: If fines are approved by the city council and if all fines are collected, a potential increase in revenues for the General Fund in the amount of $430.00 is possible.
ACTION REQUESTED: Motion to approve Resolution No. 23-6195, approving cost report, and motion to approve the subsequent Resolution No. 23-6196, approving the recordation of a lien against real property at 801 Main Street.
ATTACHMENTS:
Cost Report - 801 Main Street
23-6195.pdf
23-6196.pdf
298
Background
Susanville Municipal Code Chapter 8.40 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 use of Chapter 8.40 shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this chapter, nor shall the use of this chapter be considered a prerequisite for the use of any other enforcement proceedings.
Upon adoption of Chapter 8.40 by way of Ordinance 17-1011, the city council found that the implementation of an administrative citation program was an appropriate method of enforcement as authorized by both the California Constitution Article XI, Section 7 (Exercise of Police Powers), and municipal affairs provisions of California Government Code Section 53069.4.
The enforcement of the Susanville Municipal Code, other ordinances adopted by the city, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of city agreement made pursuant to the police power is a matter of public health, safety, and welfare and serves important public purposes. The goals of Chapter 8.40 are: to protect public health, safety, and welfare of the city and its citizens, to gain compliance in a timely and efficient manner, to provide for an administrative process that has objective criteria for the imposition of administrative fines and provides for a fair process to appeal the imposition of administrative fines and penalties, to provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Susanville Municipal Code, ordinances, agreements, or terms and conditions of entitlements or permits enacted or approved to the police power, and to avoid or minimize the expense and delay of enforcement in the civil or criminal justice system.
Public Nuisance or Violation Determination
Title 17 of the Susanville Municipal Code is known as “The Zoning Ordinance of the city of Susanville,” which was enacted in its current form in 2000. A zoning ordinance is adopted to promote and protect public health, safety, peace, morals, comfort, and general welfare, and consists of regulations and maps as may be amended from time to time by the city council.
The purpose of the Zoning Ordinance of the city of Susanville is also to implement the City of Susanville General Plan 1990-2010, and to facilitate and guide growth in accordance with the general plan, in an orderly manner and is enacted to protect the social, aesthetic, and economic stability of residential, commercial, industrial, resource areas, and recreational activities within the city through the orderly, planned use of the land.
The provisions of the Zoning Ordinance of the city of Susanville apply throughout the incorporated portions of the city and apply to lands owned, leased, or otherwise controlled by the state or a local government, or any unit or agency of either of them, to the extent permitted by law, or by the consent of or agreement with the state or local government or unit or agency thereof, that is affected by this Title. The provisions of this title do not apply to federal reservations or to land owned, leased or otherwise controlled by the city.
Furthermore, Title 17 encompasses the Sign Ordinance of the City of Susanville which was enacted in 1998 after, at the a time, residents demanded an organization of the city’s signage.
After many public workshops and public ad hoc committees it was recognized by the city council 299
that the need for signs to orderly identify businesses within the community was essential. The purpose of the Sign Ordinance established regulations to ensure that the design and placement of signs meet the needs of the business community as well ensure their continuity, consistency, and harmony with the architectural quality of individual developments and with the city as a whole. Through the regulations established by this ordinance, it is the intent of the city to ensure the community is attractive to residents, visitors, and commercial, industrial, and professional business while maintaining economic stability through an attractive sign regulation program.
Approximate Parcel Size: Approximately 8,500 square feet.
Zoning: UBD: Uptown Business District
Administrative Citation Date Issued:
COS2023-0008 – April 5, 2023
COS2023-0015 – April 7, 2023
Appeal Filed: No
Administrative Citation Appeal Hearing Date: N/A
Determination of Appeal Hearing: N/A
Violations Include:
COS2023-0008
o 8.32.050(A)(1) SMC: Zoning Violation
o 17.128.140 (A) SMC: Failure to obtain sign permit
o Chapter 17.40 SMC: Current use requires use permit
o 5.04.060 SMC: Business license required
COS2023-0015
o 8.32.050(A)(1) SMC: Zoning Violation
o 17.128.140 (A) SMC: Failure to obtain sign permit
o Chapter 17.40 SMC: Current use requires use permit
o 5.04.060 SMC: Business license required
Itemized Costs and Penalties Related to Abatement
The following fines are related to this case pursuant to Susanville Municipal Code Chapter 8.40.
ADMINISTRATIVE FINES, PENALTIES, INTEREST
COS2023-0008
$143.32
$100.00 Base Fine
$40.00 Late Payment Penalty
$3.32 Interest
COS2023-0015
$286.68
$200.00 Base Fine
$80.00 Late Payment Penalty
$6.68 Interest
Late Payment Penalties and Interest:
8.40.150(A) SMC: The finance manager shall add a penalty of ten percent to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed fifty (50) percent of the original administrative fine.
300
8.40.150(B) SMC: In addition to penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of ten (10) percent per year, or fraction thereof, on the amount of delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid.
Owners Mailing Address
971 Leah Circle
Reno, Nevada 89511
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.40.170, Code Enforcement is asking the council to:
A. Order that the proposed lien of $430.00 become a lien on the above property and that the lien can be recorded in the Office of the Clerk-Recorder for the County of Lassen; and
Notice to Owners and Possessors
Pursuant to Susanville Municipal Code Section 8.32.200, Susanville Code Enforcement with an affidavit of service, and filing with the City Clerk with said affidavit, has notified the following owner of record and persons known to be in possession of the property of the hearing:
Wayne & Helen Tezak
C/O The Tezak Family Trust
971 Leah Circle
Reno, Nevada 89511
Wayne & Helen Tezak
C/O The Tezak Family Trust (Physical Posting)
732 Main Street
Susanville, California 96130
William Tezak
803 Main Street
Susanville, California 96130
David Tezak
PO Box 2700
Fort Myers Beach, Florida 33932
301
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE FINES ISSUED AGAINST 801 MAIN STREET
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 801 Main Street, also known by assessors’ parcel number 103-314-010-000 was subject to two administrative citations issued on April 12, 2023, for violation observed on April 5, 2023, and April 7, 2023, respectively; and WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $430.00, with no appeal received by Wayne or Helen Tezak (The Tezak Family Trust).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby approves the cost report presented to the city council and orders the property owner of 801 Main Street, APN 103-314-010-000, The Tezak Family Trust, to pay the total amount of $430.00 and any future interest accrued.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
302
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE RECORDATION OF A LIEN AGAINST REAL PROPERTY AT 801 MAIN STREET (APN 103-314-010-000)
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 801 Main Street, also known by assessors’ parcel number 103-314-010-000 was subject to two administrative citations issued on April 12, 2023, for violation observed on April 5, 2023, and April 7, 2023, respectively; and WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $430.00, with no appeal received by Wayne or Helen Tezak (The Tezak Family Trust; and
WHEREAS, the Susanville City Council approved, by Resolution No. 23-6195, the cost report and ordered the owner of 801 Main Street, APN 103-314-010-000, The Tezak Family Trust, to pay to the City of Susanville in the amount of $430.00 and any future interest accrued.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of Resolution No. 23-6196 with the Office of the Clerk-Recorder for the County of Lassen, and that such recordation shall constitute a lien against the real property located 801 Main Street, APN 103-314-010-000, owned by Tezak Family Trust; and BE IT FURTHER RESOLVED that the amount of such lien shall be $430.00 plus interest at the legal rate of ten percent per annum commencing on September 6, 2023, and all other costs which may thereafter come due and continuing thereon until said lien and any accrued interest is paid in full.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
303
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
304
AGENDA ITEM NO. 7.L
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: September 6, 2023
SUBJECT: Conduct Cost Recovery Public Hearing on Case # LN2023-011 and consider Resolution No. 23-6197, approving a cost report of unpaid administrative citation fines and, if approved, consider subsequent Resolution No. 23-6198, approving the recordation of a lien against real property at 1005 North Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY: Susanville Municipal Code Section 8.40.170 states that the city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within sixty calendar days, and for which no appeal has been filed may also be assessed and made a lien against real property upon which the violation occurred. Lien procedures shall be the same as outlined in Susanville Municipal Code Sections 8.32.210 through
8.32.270.
The Susanville City Council shall receive, hear, and consider a cost report, together with any other relevant evidence, objections, protests, or testimony. Thereupon, the council may make such revision, correction, or modification to the cost report as it may deem just after which, by resolution, the details of the report, as submitted or revised, corrected, or modified, shall be confirmed.
If the cost report is approved, the council may consider authorizing the Code Enforcement Officer to record a lien with the Office of the ClerkRecorder for the County of Lassen.
Relating to the subject property of 1005 North Street, the following unpaid administrative fines, penalties, and accrued interest are listed for council consideration:
ADMINISTRATIVE FINES, PENALTIES, INTEREST
Total Cost of $1,146.68
SUSANVILLE CITY COUNCIL AGENDA ITEM
305
COS2023-0009
$100.00 Base Fine
$40.00 Late Payment Penalty
$3.32 Interest
COS2023-016
$200.00 Base Fine
$80.00 Late Payment Penalty
$6.68 Interest
COS2023-0021
$500.00 Base Fine
$200.00 Late Payment Penalty
$16.68 Interest
FISCAL IMPACT: If fines are approved by the city council and if all fines are collected, a potential increase in revenues for the General Fund in the amount of $1,146.68 is possible.
ACTION REQUESTED: Motion to approve Resolution No. 23-6197, approving cost report, and motion to approve the subsequent Resolution No. 23-6198, approving the recordation of a lien against real property at 1005 North Street.
ATTACHMENTS:
Cost Report - 1005 North Street
23-6197.pdf
23-6198.pdf
306
Background
Susanville Municipal Code Chapter 8.40 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 use of Chapter 8.40 shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this chapter, nor shall the use of this chapter be considered a prerequisite for the use of any other enforcement proceedings.
Upon adoption of Chapter 8.40 by way of Ordinance 17-1011, the city council found that the implementation of an administrative citation program was an appropriate method of enforcement as authorized by both the California Constitution Article XI, Section 7 (Exercise of Police Powers), and municipal affairs provisions of California Government Code Section 53069.4.
The enforcement of the Susanville Municipal Code, other ordinances adopted by the city, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of city agreement made pursuant to the police power is a matter of public health, safety, and welfare and serves important public purposes. The goals of Chapter 8.40 are: to protect public health, safety, and welfare of the city and its citizens, to gain compliance in a timely and efficient manner, to provide for an administrative process that has objective criteria for the imposition of administrative fines and provides for a fair process to appeal the imposition of administrative fines and penalties, to provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Susanville Municipal Code, ordinances, agreements, or terms and conditions of entitlements or permits enacted or approved to the police power, and to avoid or minimize the expense and delay of enforcement in the civil or criminal justice system.
Public Nuisance or Violation Determination
The matter for which an administrative citation was issued for this specific matter was in accordance with provisions found in Chapter 8.52 of the municipal code. Chapter 8.52 as enacted by Ordinance 17-1011 provides a just, equitable, and practical method, in addition to any other remedy available by law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, junk, trash, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or general welfare of the city , may be require to be to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions. The purpose of Chapter 8.52 is to provide minimum standards for the maintenance of property in the city.
Every owner, lessee, occupant or person having charge or control of buildings, structures or property within the city is required to maintain the buildings, structures or property in a manner so as not to violate the provisions of this chapter , and the owner, lessee, occupant or person having charge or control of the building, structure or property remains liable for violations hereof regardless of any contract or agreement with any thief party regarding the day. The duty imposed by this section on an owner shall in no instance relieve those other people referred to herein from the same duty.
In addition to Chapter 8.52, Chapter 8.32 provides for the administrative nuisance abatement process which is intended to enable the city to respond effectively to public nuisances in order 307
to maintain and protect the public peace, safety, welfare, and order and to provide security and protection to the community from harms and wrongdoings. This process makes available an alternative remedy to instituting a civil suit to enjoin public nu9isance by authorizing the administrative body to impose orders and conditions to abate and halt public nuisances.
Chapter 8.52 violations are encapsulated by Chapter 8.32, specifically, by Section 8.32.050 (C)(4) SMC which allows for an enforcement official to utilize both sections of code for the same purposes of beginning an administrative code enforcement case against a violating property.
Approximate Parcel Size: Approximately 11,000 square feet.
Zoning: R-3: Residential Duplex & Triplex Zoning District Administrative Citation Date Issued:
COS2023-0009 – April 5, 2023
COS2023-0016 – April 7, 2023
COS2022-0021 – April 11, 2023
Appeal Filed: No
Administrative Citation Appeal Hearing Date: N/A
Determination of Appeal Hearing: N/A
Violations Include:
COS2023-0009
o 8.32.050(A)(1) SMC: Zoning / Junk Yard
o 8.32.050(C)(1) SMC: Accumulation of visible junk
o 8.32.050 (C)(4) SMC: Property Maintenance Standards
8.52.030(A)(1)(a) SMC: Faulty roofing/outbuildings
8.52.030(A)(3) SMC: Fence in disrepair
8.52.030(A)(5) SMC: Dangerous elements of building
8.52.030(B)(2) SMC: Branch/stick pile
8.52.030(C)(2) SMC: Unsightly parking lot
8.52.030(C)(4) SMC: Inoperable vehicles
8.52.030(C)(5) SMC: Dismantled vehicles
8.52.030(D) SMC: Attractive nuisance
8.52.030(E)(1) SMC: Trash and Debris
8.52.030(E)(2) SMC: Household items stored outdoors
8.52.030(E)(3) SMC: Appliances in view
8.52.030(E)(6) SMC: Vehicle parts in view
o 8.32.050(C)(5) SMC: Outside storage of vehicle/parts/etc. o 17.116.060 SMC: Incompatible land use / wrecking yard in R-3 o 173.96.030 SMC: Fence over height without necessary permits o 17920.3(a)(16) H&S: Lack of adequate garbage storage/removal COS2023-0016
o 8.32.050(A)(1) SMC: Zoning / Junk Yard
o 8.32.050(C)(1) SMC: Accumulation of visible junk
o 8.32.050 (C)(4) SMC: Property Maintenance Standards
8.52.030(A)(1)(a) SMC: Faulty roofing/outbuildings
8.52.030(A)(3) SMC: Fence in disrepair
8.52.030(A)(5) SMC: Dangerous elements of building
8.52.030(B)(2) SMC: Branch/stick pile
308
8.52.030(C)(2) SMC: Unsightly parking lot
8.52.030(C)(4) SMC: Inoperable vehicles
8.52.030(C)(5) SMC: Dismantled vehicles
8.52.030(D) SMC: Attractive nuisance
8.52.030(E)(1) SMC: Trash and Debris
8.52.030(E)(2) SMC: Household items stored outdoors
8.52.030(E)(3) SMC: Appliances in view
8.52.030(E)(6) SMC: Vehicle parts in view
o 8.32.050(C)(5) SMC: Outside storage of vehicle/parts/etc. o 17.116.060 SMC: Incompatible land use / wrecking yard in R-3 o 173.96.030 SMC: Fence over height without necessary permits o 17920.3(a)(16) H&S: Lack of adequate garbage storage/removal COS2023-0021
o 8.32.050(A)(1) SMC: Zoning / Junk Yard
o 8.32.050(C)(1) SMC: Accumulation of visible junk
o 8.32.050 (C)(4) SMC: Property Maintenance Standards
8.52.030(A)(1)(a) SMC: Faulty roofing/outbuildings
8.52.030(A)(3) SMC: Fence in disrepair
8.52.030(A)(5) SMC: Dangerous elements of building
8.52.030(B)(2) SMC: Branch/stick pile
8.52.030(C)(2) SMC: Unsightly parking lot
8.52.030(C)(4) SMC: Inoperable vehicles
8.52.030(C)(5) SMC: Dismantled vehicles
8.52.030(D) SMC: Attractive nuisance
8.52.030(E)(1) SMC: Trash and Debris
8.52.030(E)(2) SMC: Household items stored outdoors
8.52.030(E)(3) SMC: Appliances in view
8.52.030(E)(6) SMC: Vehicle parts in view
o 8.32.050(C)(5) SMC: Outside storage of vehicle/parts/etc. o 17.116.060 SMC: Incompatible land use / wrecking yard in R-3 o 173.96.030 SMC: Fence over height without necessary permits o 17920.3(a)(16) H&S: Lack of adequate garbage storage/removal Itemized Costs and Penalties Related to Abatement
The following fines are related to this case pursuant to Susanville Municipal Code Chapter 8.40.
ADMINISTRATIVE FINES, PENALTIES, INTEREST
COS2023-0009
$143.32
$100.00 Base Fine
$40.00 Late Payment Penalty
$3.32 Interest
COS2023-0016
$286.68
$200.00 Base Fine
$80.00 Late Payment Penalty
$6.68 Interest
COS2023-0021
$716.68
$500.00 Base Fine
$200.00 Late Payment Penalty
$16.68 Interest
309
Late Payment Penalties and Interest:
8.40.150(A) SMC: The finance manager shall add a penalty of ten percent to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed fifty (50) percent of the original administrative fine.
8.40.150(B) SMC: In addition to penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of ten (10) percent per year, or fraction thereof, on the amount of delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid.
Owners Mailing Address
6754 Bernal Avenue
Suite 740-278
Pleasanton, California 94566
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.40.170, Code Enforcement is asking the council to:
A. Order that the proposed lien of $1,146.68 become a lien on the above property and that the lien can be recorded in the Office of the Clerk-Recorder for the County of Lassen; and
Notice to Owners and Possessors
Pursuant to Susanville Municipal Code Section 8.32.200, Susanville Code Enforcement with an affidavit of service, and filing with the City Clerk with said affidavit, has notified the following owner of record and persons known to be in possession of the property of the hearing:
SNVESTATES, LLC
6754 Bernal Avenue
Suite 740-278
Pleasanton, California 96130
SNVESTATES, LLC
Attn: Cjay Rai, Agent
4850 Sorrento Road
Sacramento, California 96130
SNVESTATES, LLC
(Physical Posting)
1005 North Street
Susanville, California 96130
BNVSTAR PROPERTIES, LLC
7190 Rosecliff Court
Pleasanton, CA 94566
BNVSTAR PROPERTIES, LLC
Attn: Morgan Velu, Agent
1697 Kingsly Drive
Pittsburg, CA 94565
310
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE FINES ISSUED AGAINST 1005 NORTH STREET
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 1005 North Street, also known by assessors’ parcel number 103-242-007-000 was subject to three administrative citations issued on April 12, 2023, for violation observed on April 5, 2023, April 7, 2023, and April 11, 2023, respectively; and
WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $1,146.68, with no appeal received by SNVESTATES, LLC or their agent.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby approves the cost report presented to the city council and orders the property owner of 1005 North Street, APN 103-242-007-000, SNVESTATES, LLC, to pay the total amount of $1,146.68 and any future interest accrued.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
311
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6198
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE RECORDATION OF A LIEN AGAINST REAL PROPERTY AT 1005 NORTH STREET (APN 103-242-007-000)
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 of the Susanville Municipal Code to outline the procedures for the issuance of administrative citations and for the collection of fines and penalties associated with the issuance of administrative citations; and WHEREAS, the real property located at 1005 North Street, also known by assessors’ parcel number 103-242-007-000 was subject to three administrative citations issued on April 12, 2023, for violation observed on April 5, 2023, April 7, 2023, and April 11, 2023, respectively; and
WHEREAS, the amount of unpaid fines, penalties, and accrued interest as of September 1, 2023, is in the amount of $1,146.68, with no appeal received by SNVESTATES, LLC or their agent; and
WHEREAS, the Susanville City Council approved, by Resolution No. 23-6197, the cost report and ordered the owner of 1005 North Street, APN 103-242-007-000, SNVESTATES, LLC, to pay to the City of Susanville in the amount of $1,146.68 and any future interest accrued.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of Resolution No. 23-6198 with the Office of the Clerk-Recorder for the County of Lassen, and that such recordation shall constitute a lien against the real property located 1005 North Street, APN 103-242-007-000, owned by SNVESTATES, LLC, and
BE IT FURTHER RESOLVED that the amount of such lien shall be $1,146.68 plus interest at the legal rate of ten percent per annum commencing on September 6, 2023, and all other costs which may thereafter come due and continuing thereon until said lien and any accrued interest is paid in full.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
312
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
313
AGENDA ITEM NO. 7.M
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: September 6, 2023
SUBJECT: Conduct Cost Recovery Public Hearing on Case # LN2023-012 and consider Resolution No. 23-6209, approving a cost report of costs associated with the abatement of nuisance conditions at 10 Santa Paula Street and, if approved, consider subsequent Resolution No. 23-6210, approving the recordation of the special assessment against real property at 10 Santa Paula Street and requesting the inclusion of said special assessment on the county tax rolls.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY: This public hearing has been scheduled to authorize the City of Susanville to record a lien and special assessment to recover the City's costs for Code Enforcement Case CE#2021-014 at 10 Santa Paula Street, Susanville, California (APN 107-154-005-000) in the amount of $23,242.08.
The property located at 10 Santa Paula Street was found to be a public nuisance and in violation of Chapter 8.32 Susanville Municipal Code. Enforcement officials with the City of Susanville brought the property through the administrative nuisance abatement process as outlined within our municipal code. Voluntary compliance was not achieved and in June 2023, the City of Susanville began the removal of nuisance conditions from the property. Additionally, the municipal code authorizes the recovery of costs and the methods for recovering costs associated with the work performed by the City of Susanville.
FISCAL IMPACT: If cost report is approved by city council and special assessment is collected in full, then the recovered costs of $23,242.08 shall be returned to the General Fund to cover costs incurred by the City of Susanville for the abatement of nuisance conditions.
ACTION REQUESTED: Motion to approve Resolution No. 23-6209, approving cost report, and motion to approve the subsequent Resolution No. 23-6210, approving the recordation of a special assessment against real property at 10 Santa Paula Street and requesting the inclusion of said special assessment on the county tax rolls.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
314
Cost Report - 10 Santa Paula Street
Cost Report Documents
23-6210.pdf
23-6209.pdf
315
Background
Susanville Municipal Code Chapter 8.32 provides a method for the identification and abatement of public nuisances within the city and the recovery of costs. Specifically, whenever the enforcement official determines that a public nuisance exists, pursuant to the municipal code, the enforcement official shall request the property owner abate the nuisance during a reasonable timeframe (not less than 10-days). If the nuisance is not abated within that time, the matter may be set for hearing before the Susanville Planning Commission acting as the nuisance abatement hearing board. If the hearing board determines a public nuisance exists, the property owner is liable for all of the City’s administrative and abatement cots, including but not limited to: the cost of the nuisance abatement hearing, any appeals lodged as a result of said hearing, the cost of abatement and rehabilitation, repair, improvement, relocation, vacation, demolition or removal of said premises, building, or structures, the cost of labor and materials necessary to physically abate the violation, and the cost associated with attorney fees.
In accordance with the Susanville Municipal Code, the enforcement official may recover its administrative and abatement costs for the abatement of public nuisance through the recording of a proposed lien and imposition of a special assessment against the subject property. All property owners are provided with an opportunity to pay these costs within a minimum of 10 days’ notice of any preliminary cost reports. If the owner does not pay, a public hearing setting the final cost report shall be scheduled with the city council. The city council shall receive, hear, and consider the cost report, together with any other relevant evidence, objections, protests, or testimony. Thereupon, the city council may make such revision, correction, or modification to the report as it may deem just after which, by resolution, the details of the report, as submitted or revised, corrected, or modified, shall be confirmed. Subsequent to the cost report hearing, the city council shall consider if the aforementioned proposed lien shall become a lien, the council may also order the costs be specially assessed against the property and collected at the same time and in the same manner as property taxes are collected.
Public Nuisance Determination
The administrative nuisance abatement process is intended to enable the city to respond effectively to public nuisances in order to maintain and protect the public peace, safety, welfare, and order and to provide security and protection to the community from harms and wrongdoings. This process makes available an alterative remedy to instituting a civil suit to enjoin public nuisance by authorizing the administrative body to impose orders and conditions to abate and halt public nuisances.
Chapter 8.32 provides the process of administrative nuisance abatement. Specifically, section
8.32.050 defines and declares the conditions of real property that constitute a public nuisance and are subject to these abatement proceedings. No person may maintain or use property or allow their property to be maintained or used in a manner that creates or fosters the creation of a public nuisance.
Approximate Parcel Size: Approximately 5,000 square feet.
Zoning: R-1 Single Family Residential
Notice of Violation pursuant to § 8.32.060: April 30, 2021, February 22, 2022 Notice of Intention to Abate and Notice of Public Hearing pursuant to § 8.32.090:
March 29, 2022 (1st Order), February 16, 2023 (2nd Order) Nuisance Abatement Hearing Date: May 12, 2022 (1st Order) March 28, 2023 (2nd Order)
316
Chapter 8.32 Violations Include:
SMC § 8.32.050(A)(2): A condition of real property or a building, structure, improvement, or other thing located on real property that violates any provision of this code: A substandard building or a dangerous building or structure maintained in violation of the housing regulations or dangerous building regulations adopted by or pursuant to this code.
SMC § 8.32.050(A)(5): A condition of real property or a building, structure, improvement, or other thing located on real property that violates any provision of this code: Dangerous buildings as defined and regulated in Chapter 15.10 of this code.
SMC § 8.32.050(C)(1): A condition of real property or a building, structure, improvement, or other thing on real property that is unsightly and, by reason thereof, contributes to a diminution in the value of surrounding properties when visible forma public right-of-way or alley: An accumulation of lumber, unused equipment, or junk visible from a public right-of-way or surrounding properties. SMC § 8.32.050(C)(2): A condition of real property or a building, structure, improvement, or other thing on real property that is unsightly and, by reason thereof, contributes to a diminution in the value of surrounding properties when visible forma public right-of-way or alley: An abandoned and dilapidated building or portion of a building.
SMC § 8.32.050(C)(3): A condition of real property or a building, structure, improvement, or other thing on real property that is unsightly and, by reason thereof, contributes to a diminution in the value of surrounding properties when visible forma public right-of-way or alley: Dilapidated furniture in yards or on driveways, sidewalks, roofs, or unenclosed balconies or porches.
SMC § 8.32.050(C)(4): A condition of real property or a building, structure, improvement, or other thing on real property that is unsightly and, by reason thereof, contributes to a diminution in the value of surrounding properties when visible forma public right-of-way or alley: The maintenance of property in the city in violation of Chapter 8.52.
SMC § 8.32.050(C)(5): A condition of real property or a building, structure, improvement, or other thing on real property that is unsightly and, by reason thereof, contributes to a diminution in the value of surrounding properties when visible forma public right-of-way or alley: The outdoor storage of abandoned vehicles and vehicle parts as defined in Chapter 10.22.
Abatement: An inspection and abatement warrant was obtained and served. City forces abated the public nuisance on the property between June 1, 2023 and June 28, 2023.
CEQA: The abatement of 10 Santa Paula is exempt from CEQA as the abatement is not a project and would fall under the following exemptions: Class 8 Categorical Exemption (Actions by a regulatory agency for the protection of the environment), and Class 21 Categorical Exemption (Enforcement actions by regulatory agency).
Consistent with the City of Susanville abatement procedures, all costs associated with case management are applied to properties declared a public nuisance by the enforcement official and affirmed by the Hearing Board.
Itemized Costs and Penalties Related to Abatement
317
The following costs and penalties are related to this case pursuant to Susanville Municipal Code Chapter 8.32.
CITY COSTS
Code Enforcement Costs
Code Enforcement Officer
Hearing Board hearing
Investigation
Warrant preparation and execution
Cost Report
$ 711.75
Regular Employee Salaries (Abatement) $3,177.92
Overtime (Abatement) $729.01
Social Security Contributions (Abatement) $240.25
Medicare (Abatement) $56.20
PERS (Abatement) $253.79
Workers’ Compensation (Abatement) $452.77
State Unemployment (Abatement) $34.56
Professional Services
C&S Waste Solutions of Lassen Co.
Susanville Towing
$6,855.68
Machinery and Equipment $5,455.11
Public Works Equipment $5,181.49
Postage $45.00
Miscellaneous Employee Wages $48.55
There are a number of activities related to managing a nuisance abatement case by city staff.
On this case, these activities include the following:
Site inspections and field visits.
Posting warrants and notices
Scheduling hearing date, hearing preparation, attendance Preparing letters, notices, affidavits, invoices, travel, phone calls, meetings As outlined in the above bulleted list, many of the activities are related to due process: obtaining evidence and presenting a case to the Hearing Board; obtaining authorization to enter the property; and requirements for posting that eventually lead to the authority to lien the property.
Property Taxes
2022-2023: $670.82 (Paid $704.36, includes $33.54 late fee) 2022-2023 Supplemental Taxes: $411.68 (Due November 2023) Default Taxes: N/A
Total Taxes Due: $411.68
Owners Mailing Address
2485 Toiyabe Street
Silver Springs, Nevada 89429
318
Because the costs incurred, pursuant to Susanville Municipal Code Chapter 8.32, Code Enforcement is asking the council to:
A. Order that the proposed lien of $23,242.08 become a lien on the above property and that the lien can be recorded in the Office of the Clerk-Recorder for the County of Lassen; and
B. That the amount due of $18,598.14 be placed upon the County tax roll by the County Auditor as a special assessment to be collected at the same time and in the same manner as property taxes are collected.
Notice to Owners and Possessors
Pursuant to Susanville Municipal Code Section 8.32.200, Susanville Code Enforcement with an affidavit of service, and filing with the City Clerk with said affidavit, has notified the following owner of record and persons known to be in possession of the property of the hearing:
Antonio Barrera
2485 Toiyabe Street
Silver Springs, Nevada 89429
Antonio Barrera (Physical Posting)
10 Santa Paula Street
Susanville, California 96130
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE RECORDATION OF THE SPECIAL ASSESSMENT AGAINST REAL PROPERTY AT 10 SANTA PAULA STREET AND REQUESTING THE INCLUSION OF
SAID SPECIAL ASSESSMENT ON THE LASSEN COUNTY TAX ROLLS
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 8.32 of the Susanville Municipal Code to outline the procedures for abating nuisance conditions and for the collection of costs associated with the removal of nuisance conditions; and WHEREAS, the real property located at 10 Santa Paula Street, also known by assessors’ parcel number 107-154-005-000 was abated of nuisance conditions and the Susanville City Council approved Resolution No. 23-6209 approving the recovery of costs in the amount of $23,242.08.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the levy of a special assessment in the amount of $23,242.08 and orders the recordation of this resolution, Resolution No. 23-6210, levying an assessment for city abatement costs with the Office of the Clerk-Recorder for the County of Lassen against real property located at 10 Santa Paula Street APN 107-154-005-000, owned by Antonio Barrera; and BE IT FURTHER RESOLVED that the City Council hereby orders the enforcement official in charge of this matter to transmit a certified copy of this resolution to the Finance Director who shall immediately forward the same to the Lassen County Auditor and request that this special assessment be added to the county tax rolls in the manner provided for by Section 38773.5 of the California Government Code.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
362
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF COSTS ASSOCIATED WITH THE ABATEMENT OF NUISANCE CONDITIONS AT 10 SANTA PAULA STREET
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 8.32 of the Susanville Municipal Code to outline the procedures for abating nuisance conditions and for the collection of costs associated with the removal of nuisance conditions; and WHEREAS, the real property located at 10 Santa Paula Street, also known by assessors’ parcel number 107-154-005-000 was declared to be a public nuisance on April 21, 2021 pursuant to Chapter 8.32 of the Susanville Municipal Code; and WHEREAS, the Susanville Planning Commission, acting as the nuisance abatement hearing board, at a public hearing held during a special meeting of the Planning Commission on May 12, 2022, considered the written and verbal comments presented concerning the issuance of an abatement order and approved the issuance of a nuisance abatement order; and
WHEREAS, the subject property was sold to a new owner by the Tax Collector of Lassen County; and
WHEREAS, upon discovery of this transaction, Susanville Code Enforcement noticed the new property owner of the nuisance conditions and brought the matter forward to the nuisance abatement hearing board on March 14, 2023; and WHEREAS, the City of Susanville performed the abatement and removal of nuisance conditions at the property at 10 Santa Paula Street incurring costs in the amount of $23,242.08.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the cost report presented to the City Council and orders the recovery of cost associated in the removal of nuisance conditions at 10 Santa Paula Street in the amount of $23,242.08.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
363
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
364
AGENDA ITEM NO. 9.A
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6207, authorize the closure of Main Street from North Weatherlow St. to Alexander Ave. on September 29, 2023 for the Lassen High School Homecoming Parade between 1:00 p.m. and 4:00 p.m. Further, authorize the Public Works Director to execute a Caltrans Encroachment Permit application as required and authorize the Finance Director to adjust the budget as necessary for this event.
PRESENTED BY: Bob Godman, Public Works Director
SUMMARY:
The Lassen High School is requesting City Council support for the Lassen High School Homecoming Parade event. Specifically, Lassen High School is requesting the closure of Main Street (State Route 36) from North Weatherlow St. to Alexander Ave. on Friday, September 29, 2023, between the hours of 1:00 p.m. to 4:00 p.m.
A Caltrans Encroachment Permit is required for the closure of Main Street. Caltrans does not charge the City and Encroachment Permit fee, but they do require the City to accept all liability for this event as the Encroachment Permit Permittee.
This event requires three Street Division crewmembers to sweep Main Street (State Route 36) before and after the event and six Public Works Department employees to set up, take down traffic control signs, and assist four Police Officers with traffic control.
FISCAL IMPACT:
Public Works Estimated Cost $1,200.00
Police Department Estimated $500.00
Special Event Insurance $989.50
TOTAL ESTIMATED COST $2689.50
SUSANVILLE CITY COUNCIL AGENDA ITEM
365
ACTION REQUESTED: Motion to approve Resolution No. 23-6207,authorize the closure of Main Street from North Weatherlow St. to Alexander Ave. on September 29, 2023 for the Lassen High School Homecoming Parade between 1:00 p.m. and 4:00 p.m. Further, authorize the Public Works Director to execute a Caltrans Encroachment Permit application as required and authorize the Finance Director to adjust the budget as necessary for this event.
ATTACHMENTS:
LHS_homecoing parade_request2023.pdf
23-6207.pdf
366
LASSEN UNION HIGH SCHOOL DISTRICT
1000 Main Street• Susanville, California 96130-4498 • (530) 257-5134 • Fax (530) 251-0473 - - --
Morgan Nugent
Superintendent!Principal
[email protected]
August 16, 2023
Susanville City County
66 N. Lassen Street
Susanville, CA 96130
Dear Mr. Mayor and Members of the Susanville City Council, The Associated Student Body Class (ASB) of Lassen High School would like to hold our Homecoming parade on part of Main Street. The parade would take place on Friday September 29th, 2023, 2:00-3:06. Our parade entries would be led by the alumni of the year and include floats for each class, vehicles with the class princesses and Homecoming Queen candidates, and walking groups such as the football team, cheer and drill teams, and drumline. We also invite any city vehicles, such as police officers, firemen, and public works to be part of the parade to show our appreciation.
The route is to be determined by City Officials, but would include the section of Main Street directly in front ofLHS.
We are asking for help with the encroachment permit and the fees associated with it as well as manpower in the form of city employees to close the street and maintain safety for citizens and students. We can also provide a liability certificate of insurance from the high school if needed.
In future years, the parade could lead to economic gains for the City and surrounding area as LHS Alumni will be invited to come back to their hometown to enjoy the festivities.
We have dedicated several hours over the past two months researching past parades, reaching out to businesses on the parade route to get consent, and meeting with City Officials to collaborate on this project. We would like our Homecoming Parade to kick off a year of collaboration between the City of Susanville and Lassen High School, including marketing the Susanville Click N Fix app, assisting with Safe and Sane Halloween, and holding a mock City Council with students discussing local matters. We feel this would benefit both groups and lead to a lasting and meaningful partnership.
We would also like to invite the members of the City Council and city employees to be our guests of honor at the parade.
Please contact advisor Shelley Bennett by phone 530-249-3830 or email [email protected] if you have further questions.
Thank you for your consideration,
R
So
e
fi
noe
a B
~
ennett, Stud
S
e
B
n
~
t Re
~
presentative
Danny Davidson, Director of Assemblies
Shelley Bennett, ASB Advisor
367
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE AUTHORIZING CLOSURE OF MAIN STREET (STATE ROUTE 36) FROM NORTH WEATHERLOW ST TO ALEXANDER AVE ON FRIDAY, SEPTEMBER 29, 2023, FROM 1:00 P.M. TO 4:00 P.M. FOR THE LASSEN HIGH SCHOOL HOMECOMING
PARADE AND FURTHER AUTHORIZES THE PUBLIC WORKS DIRECTOR TO
EXECUTE A CALTRANS ENCROACHMENT PERMIT APPLICATION AND THE
FINANCE DIRECTOR TO ADJUST THE BUDGET AS NECESSARY
WHEREAS, The Lassen High School requested City Council support for the Lassen High School Homecoming Parade to be held on Friday, September 29, 2023, from 1:30 p.m. to 3:30 p.m.; and
WHEREAS, Lassen High School has requested the closure of Main Street (State Route 36) from North Weatherlow Street to Alexander Avenue on Friday, September 29, 2023 between the hours of 1:00 p.m. and 4:00 p.m.; and
WHEREAS, Caltrans requires an Encroachment Permit application to be submitted in the order to close Main Street (State Route) 36 for the event.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Susanville hereby approves the closure of Main Street from North Weatherlow Street to Alexander Avenue on Friday, September 29, 2023 between the hours of 1:00 p.m. and 4:00 p.m. and further authorizes the Public Works Director to execute a Caltrans Encroachment Permit application as required and the Finance Director to adjust the budget as necessary.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
368
AGENDA ITEM NO. 9.B
Action Item
Submitted By: Dan Newton, Administrative Services
Action Date: September 6, 2023
SUBJECT: Consider approval of Councilmember discretionary funds in support of the homecoming parade.
PRESENTED BY: Dan Newton, City Administrator
SUMMARY: Per the City's Civic Contribution Policy, Civic contributions are defined as financial contributions to events, individuals, charities, or other activities that provide a benefit to the community. Each councilmember is provided $1,000 annually, to be used at their discretion, upon majority vote of the council as voted on at a properly noticed council meeting. Council member Brown requested that the City Administrator place an item on the Agenda for the use of his discretionary fund allotment to support the Lassen High School Homecoming Parade.
FISCAL IMPACT: $1,000 to $5,000.
ACTION REQUESTED: Approve use of Councilmember discretionary funds in the homecoming parade.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
369
AGENDA ITEM NO. 9.C
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6175, authorizing the Mayor to execute agreement with Aqua-Tech to clean and inspect the city of Susanville's five water tanks and authorize the Finance Director to increase the 7114 Water Capital Improvement budget in the amount of $30,075
PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: Resolution 22-6019 was approved on July 18, 2022, authorizing the Mayor to execute a contract with Aqua-Tech for the inspection of the city's five water tanks. The contract indicated additional fees will be charged for the cleaning of the tanks if elected. Public Works has requested the cleaning to be completed prior to the tanks inspections.
Aqua-Tech has sent over an new contract including the cost of the cleaning and inspection of the five water tanks. With the significant increase in cost we did not budget for the increase, therefore we are requesting from council to authorize the Mayor to execute a new service contract with Aqua-Tech. And authorize the Finance Director to make the necessary budget increase to the 7114 Water Capital Improvement Budget.
FISCAL IMPACT: The contract is for $30,075.00 which will be covered by the 7114 Water Capital Improvement Budget with no cost to the General fund.
ACTION REQUESTED: Motion to approve Resolution No. 23-6175, authorizing the Mayor to execute agreement with Aqua-Tech to clean and inspect the city of Susanville’s five water tanks and authorize the Finance Director to increase the 7114 Water Capital Improvement budget in the amount of $30,075
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
23-6175.pdf
City of Susanville Water Tank Cleaning & Inspection Quote 2023.pdf 370
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6175
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT WITH AQUA-TECH TO CLEAN AND INSPECT THE CITY OF SUSANVILLE’S FIVE WATER TANKS AND AUTHORIZE THE FINANCE MANAGER TO INCREASE THE 7114 WATER CAPITAL IMPROVEMENT BUDGET IN THE AMOUNT OF $30,075
WHEREAS, the city of Susanville Public Works Department follows recommendations of the American Water Works Association and the EPA; and
WHEREAS, these recommendations are to inspect and service the water tanks every 3- 5 years; and
WHEREAS, it is the desire of the city of Susanville to maintain the integrity of the city’s drinking water; and
WHEREAS, Aqua-Tech Company can provide both the cleaning and inspection of commercial water tanks; and
WHEREAS, Aqua-Tech Company will provide the city with all findings; and WHEREAS, funding will be provided by the city of Susanville, Public Works Department Water Capital Improvement Budget.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Susanville that the Mayor is hereby authorized to execute a service contract with Aqua-Tech Company to provide commercial water tank maintenance service to clean and inspect five (5) water tanks and further authorizes the Finance Manager to make the necessary budget increase of $30,075 to the 7114 Water Capital Improvement Budget.
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 6th day of September, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:______________________________
Margaret Long, City Attorney
371
AQUA-TECH COMPANY
P.O. Box 1961
Carmichael, Ca 95609-1961
(916) 482-3703
July 31st, 2023
City of Susanville
66 N. Lassen Street
Susanville, Ca 96130
Attn: Brian Bardouski
RE: “Water Tank Cleaning and Inspection Services”
…“NO TANK IS TOO BIG, TOO SMALL, OR TOO TALL!!”
Mr. Bardouski:
Thank you for the opportunity to submit our proposal for “Water Tank Cleaning and Inspection Services”. Our proposal includes all labor, materials and equipment necessary to complete the following:
Provide commercial water tank maintenance services to clean and inspect six (6) water tanks (Susanville, Ca)
1. Clean and inspect one (1) 1mg steel tank (up to 2 days) $4,850.00
2. Clean and Inspect one (1) 1mg steel tank (up to 2 days) $4,850.00
3. Clean and Inspect one (1) 1mg steel tank (up to 2 days) $4,850.00
4. Clean and Inspect one (1) 500k steel tank (up to 1.5 days) $4,250.00
5. Clean and Inspect one (1) 500k steel tank (up to 1.5 days) $4,250.00
6. Clean and Inspect one (1) 127k steel tank (1 day) $3,250.00
7. Filter bags for each tank (5 total) $1,375.00
8. Dechlorination of discharge water from cleaning $1,450.00
9. Mobilization to Susanville, Ca $ 950.00
------------
Total of services $30,075.00*
372
*We propose to clean tank interiors while full and operational. All tanks must be full to ¾ capacity prior to cleaning and must have interior ladders for access. If no ladders are in tank please advise so we can be prepared to enter tanks with a portable ladder. For tanks that may not have a ladder on the interior we will need tank filled to near overflow for ease of entry. Filter bags and dechlor are added and can be removed if not needed. Quoted prices are good for (90) days from date of this quote. All quoted prices are including prevailing wage.
Contract Approach
The Aqua-Tech Company will clean and inspect tanks to industry standards. Please have all tanks full prior to arrival.
Pertaining to cleanings only: If cleaning is commencing and additional days are needed due to factors beyond our control (i.e., sediment deeper than 2”, compacted sediment, piles of sand/debris, clay, coating pieces, corrosion pieces or nodules, lime scale/calcification, hypalon floor, rocks, compacted sediment, crusty sediment, coating pieces, rough floor, difficult staining, baffle walls/curtains, multiple columns, sloping sides to work around or other unknown factors not yet discovered) extra days will be billed at $3,250.00 per day. Chemical cleaning is not included in this proposal.
Qualifications
The Aqua-Tech Company (ATC) has been consulting with water utilities for the past thirty-one (31) years. In that time ATC has completed all contracts without any negative occurrences.
ATC is also a Native American Owned Company. ATC specializes in cleaning, inspection and repair not only to potable water storage tanks/reservoirs but all types of tanks. One of ATC’s owners, Michael E. Johnson, recently served on a committee for the American Water Works Association (AWWA). The committee was selected to write and approve an amended standard pertaining to commercial divers working in potable water storage facilities. The standard is AWWA Standard; C-652-92-Disinfection of Potable Water Storage Facilities. Reference Section 5: “Disinfection Procedures When Conducting Underwater Inspection of PotableWater Storage Facilities”. The new revised standard is C-652-02. We have been inspecting, cleaning and repairing Redwood water tanks during our entire time in business. Please review references for redwood water tank experience.
Mobilization
In most cases, our company can mobilize within two weeks (or sooner) with a formal “Notice to Proceed”. In some instances, if contracts overlap, additional time may be needed for scheduling.
See above for fees.
Statement of Compliance
All work performed on the before-mentioned water storage facilities will be completed in accordance with all local, State and Federal regulations pertaining to personal safety and sanitation with regards to the entry into a public water supply. In addition, all AWWA and OSHA regulations will be strictly enforced and complied with at all job sites.
All projects are subject to delays caused by weather problems, Acts of God, labor disputes or other unforeseen contingencies. All invoices shall be furnished in duplicate. If District operation problems delay our inspection/cleaning process, a standby fee of $225.00 per hour will be charged (four hour minimum). Terms to be agreed upon by both parties. 373
Payment
Invoice payments are due upon completion of tank work. Discounts of up to 2% may be given for prompt payments within seven (7) days. Payments received past the initial thirty (30) days will be subject to an additional fee of 1.5% per fifteen (15) days late. The quoted above price does not reflect any possible additional work known or unknown.
Proposal Acceptance
Insurance certificates will be provided to City of Susanville prior to the commencement of any work. Additional insured will be added for a small fee if district is not currently listed on our insurance list. Certain insurance wording can cause additional fees if our policy needs to be modified (i.e. CG2010 or waivers of subrogation). Fee for additional insured is contingent upon City/Utility insurance requirements.
Upon request, the Aqua-Tech Company will provide City of Susanville with references for past projects.
If you have any questions or need additional information, please contact our office directly at the telephone number listed below. Thank you for considering our company.
Sincerely,
AQUA-TECH COMPANY
Michael E. Johnson
Company Telephone Numbers;
Office Voice/Fax: (916) 482-3703 Cellular: (916) 715-0732 Please read thoroughly and sign below. By signing you agree to all terms and conditions set forth is this proposal. Please sign and fax back with original sent via courier or US mail.
X___________________________________________Date:__________/______/2023 AQUA-TECH COMPANY P.O. Box 1961 Carmichael, CA 95609-1961 (916)482-3703 _____________________________________________________________________________________________ 374
AGENDA ITEM NO. 9.D
Discussion Item
Submitted By: Kelly Mumper, Building & Planning Division Action Date: September 6, 2023
SUBJECT: Discussion regarding General Plan Updates including the Housing Element 2024 and General Plan 2025-2050 updates.
PRESENTED BY: Kelly Mumper, City Planner
SUMMARY: The City of Susanville is approaching the next state mandated Housing Element update which is required every 5 years. This particular cycle/update is more technical and complex than the last update so there is a strong need for a consultant to assist city staff to achieve state compliance and certification. In addition, city staff has been working with consultants to update the Land Use, Circulation, Economic Development, and Safety Elements to the General Plan and have identified that updating the remaining elements at the same time as the Housing Element will save the city time and money. The remaining work to fully update the current General Plan includes:
Introduction (existing Chapter 2)
Community Character (existing Chapter 6)
Open Space, Parks, Recreation, and Childcare (existing
Chapter 7)
Community Health, Safety, and Conservation (existing Chapter 9)
Implementation Programs Chapter
Glossary and Key Terms
The current City of Susanville General Plan time frame is 1990-2010.
If the work mentioned above is completed the city will be able to establish a new General Plan time frame of 2025-2050.
FISCAL IMPACT: Approximately $300,000.00
ACTION REQUESTED: Direction to staff to either pursue a contract amendment with current consultants or distribute an Request for Proposal (RFP) for the aforementioned services.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
375
AGENDA ITEM NO. 9.E
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6211, authorizing City Administrator to execute a new phone system monthly agreement between Computer Logistics and the city of Susanville, the City Administrator to enter into an agreement with Computer Logistics for the installation and procurement of telecommunications equipment, and further authorizes the Finance Director to make the necessary budget increase and allocate the cost across all departments.
PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: The City's current communication contract has expired for all departments. Computer Logistics can provide the service to allow all departments to be on the same phone plan moving forward and save the City $23,328.00 annually in phone cost. The Police Department is currently paying an estimate of $725 monthly, with Computer Logistics they would pay around $405 monthly. Public Works Department is currently paying an estimate of $1588 monthly, with Computer Logistics they would pay around $810 monthly. Admin Services Department is currently paying an estimate of $1045 monthly, with Computer Logistics they would pay around $615 monthly. And the Fire Department is currently paying an estimate of $480 monthly, with Computer Logistics they would pay around $150 monthly. The onetime cost for hardware and implementation is as follows:
HARDWARE & TAXES LABOR
FOR INSATALLATION/TRAINING ESTIMATED MONTHLY
FEE
Police Department - $ 2,635.50 ($181.06 taxes) $
8,042.29 (see quote for additional cost) $405.00
Fire Department - $ 1,057.50 ($82.30 taxes) $
2,425.00 $150.00
Public Works - $ 2,102.50 ($164.60 taxes) $
2,425.00 $810.00
City Hall - $ 3,964.50 ($279.64 taxes)
$2,425.00 $615.00
Staff is recommending that the City Council to authorize the City
SUSANVILLE CITY COUNCIL AGENDA ITEM
376
Administrator to execute a monthly agreement with Computer Logistics and authorize the City Administrator to enter into an agreement for the installation and procurement of telecommunications equipment. And authorize the Finance Director to make the necessary budget increase and allocate the cost across all departments.
FISCAL IMPACT: Estimated one-time set-up fees of $25,784.89 and monthly estimated cost of $1,980.00
HARDWARE & TAXES LABOR
FOR INSTALLATION/TRAINING ESTIMATED MONTHLY FEE
Police Department - $ 2,635.50 ($181.06 taxes) $
8,042.29 (see quote for additional cost) $405.00
Fire Department - $ 1,057.50 ($82.30 taxes) $
2,425.00 $150.00
Public Works - $ 2,102.50 ($164.60 taxes) $
2,425.00 $810.00
City Hall - $ 3,964.50 ($279.64 taxes)
$2,425.00 $615.00
A budget increase not to exceed $14,000 is needed to complete to project.
Estimated Police Department budget increase of $10,500
Estimated Public Works Department budget increase of $2700 No increase needed for Fire Department
Estimated Administrative Services Department budget increase of $800
ACTION REQUESTED: Motion to approve Resolution No. 23-6211, authorizing City Administrator to execute a new phone system monthly agreement between Computer Logistics and the city of Susanville, the City Administrator to enter into an agreement with Computer Logistics for the installation and procurement of telecommunications equipment, and further authorizes the Finance Director to make the necessary budget increase and allocate the cost across all departments.
ATTACHMENTS:
23-6211.pdf
Compulog Monthly agreement quote.pdf
Hardware and Implementation Quote.pdf
PD phone system switch and wiring Quote.pdf
377
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH
COMPUTER LOGISTICS FOR THE INSTALLATION AND PROCUREMENT OF
TELECOMMUNICATIONS EQUIPMENT AND FURTHER AUTHORIZES THE FINANCE
DIRECTOR TO MAKE THE NECESSARY BUDGET INCREASE AND
ALLOCATE THE COST ACROSS ALL DEPARTMENTS
WHEREAS, the city is responsible for telecommunications to all departments; and WHEREAS, the city’s agreements with Tamco, Inc. and Frontier has now ended for all departments; and
WHEREAS, the city’s IT services company, Computer Logistics, can provide the telecommunication services; and
WHEREAS, Computer Logistics can provide the installation and procurement of the equipment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby authorizes the following:
1. The City Administrator to execute a new phone system monthly agreement between Computer Logistics and the City of Susanville; and
2. Authorizes the City Administrator to enter into an agreement with Computer Logistics for the installation and procurement of telecommunications equipment; and
3. Authorizes the Finance Manager to make the necessary budget increase not to exceed $14,000 as follows:
Estimated Police Department budget increase of $10,500
Estimated Public Works Department budget increase of $2,700 No increase needed for Fire Department budget
Estimated Administrative Services Department budget increase of $800 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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Heidi Whitlock, City Clerk
378
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
APPROVED AS TO FORM: _______________________________
Margaret Long, City Attorney
379
Phone System Monthly Agreement Quote #001255 v1
Computer Logistics
Prepared For: Prepared by:
City of Susanville
P: (530) 252-5108
E: [email protected]
P: (530) 241-3131
E: [email protected]
Bob Andrews
1135 Pine St Ste 202
Redding, CA 96001
Marci Rojas
66 N Lassen Street
Susanville, CA 96130
Date Issued:
08.23.2023
Expires:
09.11.2023
Products
Description Price Qty Ext. Price
Monthly Phone Cost
Miscellaneous PW Main and House (Monthly)+ tax if applicable $810.00 1 $810.00 Miscellaneous City Hall (Monthly)+ tax if applicable
Miscellaneous
$615.00 1 $615.00
Miscellaneous Fire Department (Monthly)+ tax if applicable Miscellaneous
$150.00 1 $150.00
Miscellaneous Police Department (Monthly)+ tax if applicable Miscellaneous
$405.00 1 $405.00
Monthly User Costs (Support, Phone Service Included)
***Support Includes:
-Support, Phone Lines and Service
-Offsite Backups, Upgrades
-Phone Firmware Updates
-New Version Upgrades
-Remote Support (95% of service can be done remotely)
Subtotal: $1,980.00
Quote Summary Amount
Products $1,980.00
Total: $1,980.00
The prices of the products and services quoted are subject to change and availability. Market fluctuations in the technical industry change daily (sometimes hourly) and may only be confirmed when paid in full. Should there be a price change on an item you have ordered, we will call you to advise you of the change prior to shipping. Computer Logistics reserves right to cancel orders arising from pricing or other errors. Upon signing of quote, equipment purchases must be paid in full or payment arrangements can be made prior to CLC purchasing equipment. Interest Charges will be applied. Past Due Accounts will be subject to a monthly finance charge. In addition, customer shall reimburse costs and expenses incurred in collecting any amount past due. CLC accepts most major credit cards and of course checks are accepted.
Quote #001255 v1 Page: 1 of 2 380
Acceptance
Computer Logistics City of Susanville
Bob Andrews Marci Rojas
Signature / Name Signature / Name Initials
08/23/2023
Date Date
Quote #001255 v1 Page: 2 of 2 381
Phone System Hardware and Implementation Quote #001254 v1 Computer Logistics
Prepared For: Prepared by:
City of Susanville
P: (530) 252-5108
E: [email protected]
P: (530) 241-3131
E: [email protected]
Bob Andrews
1135 Pine St Ste 202
Redding, CA 96001
Marci Rojas
66 N Lassen Street
Susanville, CA 96130
Date Issued:
08.29.2023
Expires:
09.13.2023
Products
Description Price Qty Ext. Price
Phone Hardware (One Time Cost)
Police Department Hardware
Miscellaneous Phone Hardware Summary
• 11 - Yealink T54W - $199 - Large Quantity Pricing
• 01 - Session Border Controller with Remote Support - $199 • 01 - Fax to Email Analog Adaptor - $135
• 01 - Analog Line Adaptors $50
• 00- Misc Parts (Phone Mounts, Patch Cords, Etc…) $62.50 - Cell Phone Apps for ios / Android (Included)
- 1 Year Warranty on all Hardware Installed
$2,635.50 1 $2,635.50
Fire Department Hardware
Miscellaneou Phone Hardware Summary
• 5 - Yealink T54W - $199 - Large Quantity Pricing
• 00- Misc Parts (Phone Mounts, Patch Cords, Etc…) $62.50 - Cell Phone Apps for ios / Android (Included)
- 1 Year Warranty on all Hardware Installed
$1,057.50 1 $1,057.50
Public Works Hardware
Miscellaneous Phone Hardware Summary
• 06 - Yealink T54W - $199 - Large Quantity Pricing $1,194 • 16 - App iOS / Android users
• 01 - Analog Line Adaptors $50
• 00- Misc Parts (Phone Mounts, Patch Cords, Etc…) $62.50 - Cell Phone Apps for ios / Android (Included)
- 1 Year Warranty on all Hardware Installed
$1,306.50 1 $1,306.50
Quote #001254 v1 Page: 1 of 3 382
Products
Description Price Qty Ext. Price
Miscellaneous PW House Hardware Summary
4 - Yealink T54W - $199 - Large Quantity Pricing
- Cell Phone Apps for ios / Android (Included)
- 1 Year Warranty on all Hardware Installed
$796.00 1 $796.00
City Hall Hardware
Miscellaneous Phone Hardware Summary
• 17 - Yealink T54W - $199 - Large Quantity Pricing
• 01 - Session Border Controller with Remote Support - $199 • 02 - Fax to Email Analog Adaptor - $270
• 01 - Analog Line Adaptors - $50
• 00- Misc Parts (Phone Mounts, Patch Cords, Etc…) $62.50 - Cell Phone Apps for ios / Android (Included)
- 1 Year Warranty on all Hardware Installed
$3,964.50 1 $3,964.50
Labor for installation, Training and Support (All Sites Combined) Professional
Services
Phone Installation, Training and Support
Onsite Installation of phones and customer training
Re-wiring analog lines and testing
Place and test IP office phones
Onsite Customer Training
Includes ongoing remote support in MRC
E911 Multi Site Address Testing
Verify and TestCall Flow and greetings
Complete Installation, Testing and Training
$9,700.00 1 $9,700.00
Subtotal: $19,460.00
Quote Summary Amount
Products $19,460.00
Subtotal: $19,460.00
Tax: $707.60
Total: $20,167.60
The prices of the products and services quoted are subject to change and availability. Market fluctuations in the technical industry change daily (sometimes hourly) and may only be confirmed when paid in full. Should there be a price change on an item you have ordered, we will call you to advise you of the change prior to shipping. Computer Logistics reserves right to cancel orders arising from pricing or other errors. Upon signing of quote, equipment purchases must be paid in full or payment arrangements can be made prior to CLC purchasing equipment. Interest Charges will be applied. Past Due Accounts will be subject to a monthly finance charge. In addition, customer shall reimburse costs and expenses incurred in collecting any amount past due. CLC accepts most major credit cards and of course checks are accepted.
Quote #001254 v1 Page: 2 of 3 383
Acceptance
Computer Logistics City of Susanville
Bob Andrews Marci Rojas
Signature / Name Signature / Name Initials
08/29/2023
Date Date
Quote #001254 v1 Page: 3 of 3 384
Phone System Switch and Wiring Quote #001256 v1
Computer Logistics
Prepared For: Prepared by:
City of Susanville
P: (530) 257-1077
E: [email protected]
P: (530) 241-3131
E: [email protected]
Bob Andrews
1135 Pine St Ste 202
Redding, CA 96001
Victoria Estrada
1801 Main Street
Susanville, CA 96130
Date Issued:
08.29.2023
Expires:
09.14.2023
Products
Description Price Qty Ext. Price
New Phone System - POE 48 Port Switch
FS-148F-FPOE Fortinet FortiSwitch Ethernet Switch - 48 Ports - Manageable - 2 Layer Supported - Modular - 895.70 W Power Consumption - 740 W PoE Budget - Optical Fiber, Twisted Pair - PoE Ports - 1U High - Rack-mountable - Lifetime Limited Warranty
$1,963.13 1 $1,963.13
FC-10-148FF-247-
02-36
Fortinet FortiCare Comprehensive Support - 3 Year Extended Service - Service - 24 x 7 Next Business Day - Service Depot - Exchange - Parts $685.26 1 $685.26
Miscellaneous Server Room Cable Clean:- Test and organize server room network cablesMount patch panel in enclosure-Test and properly cable all end user network/phone ports
$2,635.50 1 $2,635.50
Subtotal: $5,283.89
Quote Summary Amount
Products $5,283.89
Subtotal: $5,283.89
Tax: $333.40
Total: $5,617.29
The prices of the products and services quoted are subject to change and availability. Market fluctuations in the technical industry change daily (sometimes hourly) and may only be confirmed when paid in full. Should there be a price change on an item you have ordered, we will call you to advise you of the change prior to shipping. Computer Logistics reserves right to cancel orders arising from pricing or other errors. Upon signing of quote, equipment purchases must be paid in full or payment arrangements can be made prior to CLC purchasing equipment. Interest Charges will be applied. Past Due Accounts will be subject to a monthly finance charge. In addition, customer shall reimburse costs and expenses incurred in collecting any amount past due. CLC accepts most major credit cards and of course checks are accepted.
Acceptance
Computer Logistics City of Susanville
Bob Andrews Victoria Estrada
Signature / Name Signature / Name Initials
08/29/2023
Date Date
Quote #001256 v1 Page: 1 of 1 385
AGENDA ITEM NO. 9.F
Action Item
Submitted By: Dan Newton, Administrative Services
Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6215, awarding bid to Kirack Construction Inc. for the replacement of Memorial Park Bathroom.
PRESENTED BY: Dan Newton, City Administrator
SUMMARY: The city has committed to complete a project leading to the replacement of the bathroom facility at Memorial Park. The new prefabricated bathroom is ready to be delivered; however, prior to delivery the old bathroom needs to be removed. Utilities must also be relocated and the site prepared for the placement of the new bathroom. The site plans have been prepared, which include the demolition and installation of new sidewalk around the building new ADA curb ramps and accessible on-street parking.
On August 17, 2023 bids were opened for the project. Three bids were received:
Kirack Construction Inc. - $146,794.52
Builder Solutions Inc. - $185,188.00
Crazy J’s Concrete - $258,409.65
The City Administrator is recommending that the City Council approve Resolution No. 23-6215 authorizing the following:
Award bid to Kirack Construction, Inc. in the amount of $146,794.52
Authorize City Administrator to execute construction agreement with Kirack Construction, Inc.
Authorize City Administrator to execute contract change orders in the amount not to exceed $34,500 (approximately 25%
contingency).
Authorize City Administrator to execute materials testing agreement with qualified materials testing firm.
Authorize City Administrator to issue a “Notice to Proceed” upon receipt and execution of all necessary documents.
Authorize the Finance Manager to modify the budget to
complete the project not to exceed $394,550 with $348,240
SUSANVILLE CITY COUNCIL AGENDA ITEM
386
from grant and program income funds (previously approved) and up to $46,310 from park dedication funds.
FISCAL IMPACT: $394,550:
$348,240 from grant and program income
$ 46,310 from park dedication fund
ACTION REQUESTED: Motion to approve Resolution No. 23-6215, awarding bid to Kirack Construction Inc. for the replacement of Memorial Park Bathroom.
ATTACHMENTS:
23-6215.pdf
387
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE AWARDING BID TO KIRACK CONSTRUCTION INC. FOR
THE REPLACEMENT OF MEMORIAL PARK BATHROOM
WHEREAS, the city of Susanville (City) has received grant funding through the Community Development Block Grant (CBDG 2/3 program to replace the Memorial Park Bathroom; and
WHEREAS, the City has purchased a prefabricated bathroom facility from CXT Incorporated and released a bid for underground utility work, placement and commissioning of new bathroom; and
WHEREAS, the City has received three bids for the work as follows:
Kirack Construction Inc. - $146,794.52
Builder Solutions Inc. - $185,188.00
Crazy J’s Concrete - $258,409.65
WHEREAS, Kirack Construction Inc. is the lowest responsible bidder at a cost of $146,794.52; and
WHEREAS, the work requires construction engineering for inspection and materials testing during construction; and
WHEREAS, the scope of the project involves the placement of the new bathroom structure in the same location as the old bathroom, and unknown underground site conditions, city purchased materials, and construction engineering result in an additional funding need; and WHEREAS, staff has estimated a potential additional need of $46,310 for construction contingency, material testing, materials, and construction inspection.
NOW THEREFORE, be it resolved that the City Council does hereby:
1) Award bid to Kirack Construction, Inc. in the amount of $146,794.52 2) Authorize City Administrator to execute construction agreement with Kirack Construction, Inc.
3) Authorize City Administrator to execute contract change orders in the amount not to exceed $34,500 (approximately 25% contingency).
4) Authorize City Administrator to execute materials testing agreement with qualified materials testing firm.
5) Authorize City Administrator to issue a “Notice to Proceed” upon receipt and execution of all necessary documents.
6) Authorize the Finance Manager to modify the budget to complete the project not to exceed $394,550 with $348,240 from grant and program income funds (previously approved) and up to $46,310 from park dedication funds. 388
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 6th day of September 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: ______________________________
Margaret Long, City Attorney
389
AGENDA ITEM NO. 9.G
Action Item
Submitted By: Jolene Arredondo, Administrative Services Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6217, receiving and accepting donation from the Susanville Police Officer Association
PRESENTED BY: Ryan Cochran, Chief of Police
SUMMARY: The Susanville Police Officer Association hosted a well attended golf tournament at Diamond Mountain Golf Course with the intention to raise funds for the Susanville Police Department's K9 program. The focus of the fund raising efforts are to allow for the K9 program to be self sustaining in training cost activities, veterinarian costs, travel costs, and supply purchases and for the program to not rely on the Police Department's (1009) budget and cash balance. The city of Susanville adopted it's budget with the amount raised from the golf tournament, so this donation will not increase the overall budget.
FISCAL IMPACT: Receiving $3,482 donation from the Susanville Police Officer Association to fund the Police Department K9 Budget
ACTION REQUESTED: Motion to approve Resolution No. 23-6217, receiving and accepting donation from the Susanville Police Officer Association
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
23-6217.pdf
390
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE APPROVING AND ACCEPTING A DONATION OF $3,482.00 FROM
THE SUSANVILLE POLICE OFFICERS ASSOCIATION
WHEREAS, the City of Susanville Police Department has a K9 program in which serves a purpose to detect narcotics, protect their handlers and other law enforcement officers, and the public; and
WHEREAS, the Susanville Police Officer Association held a golf tournament to raise funds for the K9 program with the intent to utilize fundraising funds to attend program related trainings, travel, pay for veterinarian expenses and program supplies; and WHEREAS, the Susanville Police Officers Association’s golf tournament fundraiser raised $3,482.00; and
WHEREAS, the Susanville Police Department has a K9 project budget within the Police Department Budget for the purpose of travel, training, and program related expenses; and WHEREAS, the City being authorized to accepts gifts and donations; and WHEREAS, the City Council acknowledges that the Susanville Police Department’s K9 program is a valuable resource to the community; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby accepts the donation from the Susanville Police Officers Association in the amount of $3,482.00, and
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to approve the donation on behalf of the City of Susanville and authorizes the Finance Director to modify the budget as necessary to accommodate the expenditure of funds received.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
391
AGENDA ITEM NO. 12.A
Action Item
Submitted By: Kelly Mumper, Building & Planning Division Action Date: September 6, 2023
SUBJECT:
Consider Resolution No. 23-6213, approving and authorizing the Mayor to execute a standard agreement with TischlerBise Fiscal, Economic, and Planning Consultants to perform an Impact Fee Study pertaining to Fire, Police, and Transportation.
PRESENTED BY: Kelly Mumper, City Planner, and Dan Newton, City Administrator SUMMARY:
The City of Susanville, California, seeks to update its fire, police, and transportation impact fees. As part of this effort, TischlerBise will provide a comprehensive evaluation of the City’s existing impact fee program. When preparing the capital improvement plan and recommended impact fee structure, we will work with City staff to ensure assumptions and methodologies are consistent with recommended City policy directives and strategic objectives. With decades of impact fee experience across the nation, TischlerBise has pioneered best practices with a clear trend from generic, cookiecutter, fee studies to the realization that fees can and should be customized to function as an integral component of the community’s strategic plan. Therefore, TischlerBise will be available to function as a key asset to the City’s management and leadership team and will be there for the City long after the engagement is over for no charge assistance on administrative and implementation assistance.
There is a two-phase approach to the study. We anticipate a 5-month schedule to complete both phases. As noted in the schedule and work scope, several meetings are assumed to occur on the same trip.
In practice, the calculation of impact fees can become quite complicated because of the many variables involved in defining the relationship between development and the need for capital facilities.
The following paragraphs discuss the three basic methods for calculating impact fees and how those methods can be applied.
Plan-Based Fee Calculation - The plan-based method allocates costs for a specified set of future improvements to a specified amount
SUSANVILLE CITY COUNCIL AGENDA ITEM
392
of development. The improvements are identified by a CIP. In this method, the total cost of relevant facilities is divided by total demand to calculate a cost per unit of demand. The plan-based method is often the most advantageous approach for facilities that require engineering studies, such as roads and utilities.
Cost Recovery Fee Calculation - The rationale for the cost recovery approach is that new development is paying for its share of the useful life and remaining capacity of facilities from which new growth will benefit. To calculate an impact fee using the cost recovery approach, facility cost is divided by the ultimate number of demand units the facility will serve. An oversized arterial roadway is an example.
Incremental Fee Calculation - The incremental expansion method documents the current level-of-service (LOS) for each type of public facility in both quantitative and qualitative measures, based on an existing service standard such as square feet per capita or park acres per capita. The LOS standards are determined in a manner similar to the current replacement cost approach used by property insurance companies. However, in contrast to insurance practices, clients do not use the funds for renewal and/or replacement of existing facilities.
Rather, the jurisdiction uses the impact fee revenue to expand or provide additional facilities as needed to accommodate new development. An incremental expansion cost method is best suited for public facilities that will be expanded in regular increments with LOS standards based on current conditions in the community.
The last time that the City of Susanville thoroughly evaluated the development impact fees was via the Abbey Group, Incorporated in 1990. The Abbey Group, Incorporated, a public safety consultant group, drafted a 54-page Capital Facilities Mitigation Analysis for Police, Fire, and Street Maintenance which was completed July 23, 1990. The City of Susanville City Council adopted the report by Ordinance No. 90-733 via Resolution No. 90-2170 on the 17 th day of
October 1990. Over the last two decades the City of Susanville has made minor updates to fees and implemented new fees as they pertain to the Consumer Price Index. These fees include but are not limited to Development fees by department, encroachment permit fees, public works fees, establishing city care fees, setting duplication fees, establishing notary public fees, establishing building permit fees, establishing new fire department fees, and establishing planning department fees.
Fast forward to the present, and California's Mitigation Fee Act, which was adopted in 1987, now requires some significant changes to how a local municipality collects and reports on the collection of mitigation fees for any type of new development projects. The Mitigation Fee Act authorizes a local government agency to impose fees on specific 393
development projects to defray the cost of new or additional public facilities that are needed to serve those developments. Common types of fees include tree mitigation fees, facilities fees, impact fees, among others. The Mitigation Fee Act establishes a variety of requirements to ensure local agencies timely use the fees to pay for the public facilities that serve those very developments rather than divert the fees for general revenue purposes. In fact, the Mitigation Fee Act prohibits a local government agency from levying, collecting, or imposing development mitigation fees for general revenue purposes. (Gov’t Code § 66008.)
The ”nexus” findings required by the Mitigation Fee Act are set forth in Government Code section 66001, subdivision (d)(1), which provides that: “For the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:
A. Identify the purpose to which the fee is to be put.
B. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
C. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements identified in paragraph (2) of subdivision (a).
D. Designate the approximate dates on which the funding referred to in subparagraph (C) is expected to be deposited into the appropriate account or fund.”
If the local government agency fails to comply with both the five-year nexus and the annual report finding, it has a self-executing duty to refund the balance of mitigation fees remaining in the mitigation fee account in accordance with the Mitigation Fee Act.
In conclusion, the City of Susanville Planning and Administrative staff have identified a need to update the current capital facilities mitigation analysis utilized by the City of Susanville on new development projects due to the revised conditions of the California Mitigation Fee Act.
FISCAL IMPACT:
Phase 1 of proposed contract $28,920
Phase 2 of proposed contract $39,120
Total of Phase 1 and 2 of proposed contract $68,040
ACTION REQUESTED:
Motion to approve Resolution No. 23-6213, approving and authorizing the Mayor to execute a standard agreement with 394
TischlerBise Fiscal, Economic, and Planning Consultants to perform an Impact Fee Study pertaining to Fire, Police, and Transportation.
ATTACHMENTS:
23-6213.pdf
FINAL Professional Services Agreement-Tischler-Bise Impact Fee Study.docx Susanville, CA Proposal Phased Approach.docx
395
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH TISCHLERBISE
CONSULTANTS FOR IMPACT FEE STUDY SERVICES AND AUTHORIZING THE FINANCE DIRECTOR TO AMEND THE BUDGET IN THE AMOUNT OF $68,040 WHEREAS, the City of Susanville City Council desires to analyze and update impact fees pertaining to new development within the City of Susanville; and WHEREAS, the City of Susanville City Council desires to execute a standard agreement with TischlerBise Fiscal, Economic, and Planning Consultants to perform an Impact Fee Study pertaining to Fire, Police, and Transportation; and WHEREAS, City of Susanville City Council reserves the right to execute only phase one of the proposal; and
WHEREAS, City of Susanville City Council reserves the right to execute phase two of the contract proposal if it deems necessary; and
WHEREAS, the California Mitigation Fee Act authorizes a local government agency to impose fees on specific development projects to defray the cost of new or additional public facilities that are needed to serve those developments; and WHEREAS, The last time the City of Susanville thoroughly evaluated the development impact fees was via the Abbey Group, Incorporated in 1990, which produced a 54-page Capital Facilities Mitigation Analysis for Police, Fire, and Street Maintenance which was completed July 23, 1990.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Susanville hereby authorizes the Mayor to execute a contract with TischlerBise Consultants to analyze development impact fees and further authorizes the Finance Director to amend the budget in the amount of $68,040.
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 6TH day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
396
STANDARD FORM PROFESSIONAL SERVICES
CONTRACT BETWEEN
THE CITY OF SUSANVILLE
AND
TISCHLERBISE
THIS PROFESSIONAL SERVICES CONTRACT ("Contract") is made and entered into this 5th day of J u l y 2023, by and between the CITY OF SUSANVILLE ("City"), and TischlerBise (“Company”)
RECITALS
WHEREAS, City desires to retain Company to provide the following services:
Impact Fee Study and Analysis; and
WHEREAS, Company warrants that it is qualified and agreeable to render the aforesaid services.
WHEREAS, City reserves the right to execute only phase one of the proposal.
WHEREAS, City reserves the right to execute phase two of the contract proposal if it deems necessary.
AGREEMENT
NOW, THEREFORE, for and in consideration of the agreement made, and the payments to be made by City, the parties agree to the following:
I. SCOPE OF SERVICES: C o m p a n y agrees to provide all of the services described in Exhibit A.
II. ADDITIONAL SERVICES: The City may desire services to be performed which are relevant to this Contract or the services to be performed hereunder but have not been included in the scope of the services listed in Paragraph I above, and Company agrees to perform said services upon the written request of City. These additional services could include, but are not limited to, any of the following:
A. Serving as an expert witness for the City in any litigation or other proceedings involving the project or services.
B. Services of the same nature as provided herein which are required as a result of events unforeseen on the date of this contract.
Ill. CITY FURNISHED SERVICES: The City agrees to:
A. Facilitate access to and make provisions for Company to enter upon public and private lands as required to perform its work. 397
B. Make available to Company those services, supplies, equipment and staff that are normally provided for the services required by the type of services to be rendered by Company hereunder and as set forth in Exhibit A.
C. Make available all pertinent data and records for review.
IV. TERM OF CONTRACT: This Contract shall commence on July 5, 2023 and shall terminate on July 5, 2024 unless sooner terminated in accordance with the terms hereunder.
V. CONTRACT PERFORMANCE TIME: All the work required by this Contract shall be completed and ready for acceptance no later than July 5, 2024. Time is of the essence with respect to this Contract.
VI. FEES: The fees for furnishing services under this Contract shall be based on the rate schedule which is attached hereto as Exhibit B. Said fees shall remain in effect for the entire term of this Contract.
VII. MAXIMUM COST TO CITY: Notwithstanding any other provision of this Contract, in no event will the cost to City for the services to be provided herein exceed the maximum sum of $68,040.00, including direct non-salary expenses.
VIII. PAYMENT: The fees for services under this Contract shall be due within sixty (60) calendar days after receipt and approval by City of an invoice covering the service(s) rendered to date.
With respect to any additional services provided under this Contract as specified in Paragraph II hereof, Company shall not be paid unless Company has received written authorization from City for the additional services prior to incurring the costs associated therewith. Said additional services shall be charged at the rates set forth in Exhibit B.
Invoices or applications for payment to the City shall be sufficiently detailed and shall contain full documentation of all work performed and all reimbursable expenses incurred. Where the scope of work on the Contract is divided into various tasks, invoices shall detail the related expenditures accordingly. Labor expenditures need documentation to support time, subsistence, travel and field expenses. No expense will be reimbursed without adequate documentation. This documentation will include, but not be limited to, receipts for material purchases, rental equipment and subconsultant work.
Notwithstanding any other provision herein, payment may be delayed, without penalty, for any period in which the State or Federal Government has delayed distribution of funds that are intended to be used by the City for funding payment to Company.
398
IX. INSURANCE: Company shall procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Company, its agents, representatives, employees, or subconsultants.
Minimum Scope and Limit of Insurance
A. Company shall maintain a commercial general liability (CGL) insurance policy (Insurance Services Office Form CG 00 01) covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits in the amount of $1,000,000, and a general aggregate limit of $2,000,000.
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the General Liability Policy with respect to liability arising out of work or operations performed by or on behalf of Company, including materials, parts, or equipment furnished in connection with such work or operations. Additional insured should read as follows:
City of Susanville
66 N. Lassen Street.
Susanville, CA 96130
B. Company shall be required to carry: professional coverage in the amount of $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
Prior to the commencement of any work hereunder, Company shall supply a Certificate of Insurance and endorsements, signed by the insurer, evidencing such insurance as specified above to City. However, failure to obtain and provide the required documents to City prior to the work beginning shall not waive Company’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Each insurance policy required above shall provide that coverage and shall not be canceled, except with twenty-days’ prior written notice to the City.
Insurance is to be placed with an insurer with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require Company to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. 399
For any claims related to this Contract, Company’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers, shall be in excess of Company’s insurance and shall not contribute with it.
Company hereby grants to City a waiver of any right to subrogation which any insurer of Com pany may acquire against the City by virtue of the payment of any loss under such insurance. C o m p a n y agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
In the event the policy is canceled prior to the completion of the project and Company does not furnish a new Certificate of Insurance prior to cancellation, the City may obtain the required insurance and deduct the premium(s) from contract monies due to Company.
If the policy is a claim made policy, the policy shall contain language providing coverage up to six months following the completion of the contract in order to provide insurance coverage for the indemnification provision herein.
X. WORKERS' COMPENSATION: C o m p a n y acknowledges that it is aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code and it certifies that it will comply with such provisions before commencing the performance of the services to be performed under this Contract and at all times during the performance of the services to be performed hereunder. A copy of the certificates evidencing such insurance with policy limits of at least $1,000,000 per accident for bodily injury or disease (or, in the alternative, a signed City Workers' Compensation Exemption form) shall be provided to City prior to commencement of work.
XI. INDEMNIFICATION: C o m p a n y agrees to indemnify, defend at its own expense, and hold City harmless from any and all liabilities, claims, losses, damages, or expenses, including reasonable attorney's fees, arising from any and all negligent acts or omissions to act of Company or its officers, agents, or employees in performing services under this Contract; excluding, however, such liabilities, claims, losses, damages, or expenses arising from City's sole negligence or willful misconduct.
XII. NONDISCRIMINATORY EMPLOYMENT: In connection with the execution of this Contract and the services to be provided hereunder, Company shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin, political affiliation, ancestry, marital status or disability. This policy does not require the employment of unqualified persons.
400
XIII. INTEREST OF PUBLIC OFFICIALS: No officer, agent or employee of the City during their tenure, nor for one year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof.
XIV. SUBCONTRACTING AND ASSIGNMENT: The rights, responsibilities and duties established under this Contract are personal to Company and may not be subcontracted, transferred or assigned without the express prior written consent of the City.
XV. LICENSING AND PERMITS: C o m p a n y shall maintain the appropriate licenses throughout the life of this Contract. C o m p a n y shall also obtain any and all permits which might be required by the work to be performed herein.
XVI. BOOKS OF RECORD AND AUDIT PROVISION: C o m p a n y shall maintain on a current basis, complete books and records relating to this Contract. Such records shall include, but not be limited to, documents supporting all bids and all expenditures for which any reimbursement is sought. The books and records shall be original entry books. In addition, C o m p a n y shall maintain detailed payroll records, including all subsistence, travel and field expenses, and canceled checks, receipts and invoices for all items for which any reimbursement is sought. These documents and records shall be retained for at least ten years from the completion of this Contract (42CFR Sections 433.32, 438.3(h) and (u)).
Company will permit City to audit all books, accounts or records relating to this contract or all books, accounts or records of any business entities controlled by Company who participated in this contract in any way. Any such audit may be conducted on Company’s premises or, at City's option, Company shall provide all books and records within a maximum of fifteen (15) calendar days upon receipt of written notice from City.
Company shall promptly refund any moneys erroneously charged. If City ascertains that it has been billed erroneously by Company for an amount equaling five percent (5%) or more of the original bid, Company shall be liable for the costs of the audit in addition to any other penalty to be imposed. This paragraph applies to any contract which provides for reimbursement of expenses.
XVII. CONFIDENTIALITY: All information and records obtained in the course of providing services under this Contract shall be confidential and shall not be open to examination for any purpose not directly connected to the administration of this program or the services provided hereunder. Both parties shall comply with State and Federal requirements regarding confidential information.
XVIII. TITLE: It is understood that any and all documents, information, computer disks, USBs, and reports of any kind concerning the services provided hereunder, prepared by and/or submitted to Company, shall be the sole property of the City. C o m p a n y may retain reproducible copies of drawings and copies of other documents. In the event of the termination of this Contract, for any reason whatsoever, Company shall promptly turn over all information, writing, computer disks, and documents to City without exception or reservation. 401 TischlerBise shall transfer from computer hard drive to disk any information or documents stored on hard drive and provide City with said disk.
XIX. TERMINATION:
A. City may terminate this Contract for any reason by giving thirty (30) calendar days’ written notice to Com pany. Notice of Termination shall be by written notice and shall be sent by registered mail. In the event of termination, not the fault of Company, Company shall be paid for services performed up to the date of termination in accordance with the terms of this Contract.
B. If Company fails to provide in any manner the services specified under this Contract or otherwise fails to comply with the terms of this Contract, or violates any ordinance, regulation, or other law which applies to its performance herein, the City may terminate this Contract by giving five calendar days written notice to Company.
C. C o m p a n y shall be excused for failure to perform services herein if such services are prevented by acts of God, strikes, labor disputes or other forces over which Company has no control.
XX. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performances of the services herein, Company, and the agents and employees thereof, shall act in an independent capacity and as an independent Company and not as officers, employees or agents of the City.
XXI. AMENDMENT: This Contract may be amended or modified only by a written instrument signed by both parties.
XXII. ASSIGNMENT OF PERSONNEL: C o m p a n y shall not substitute any personnel for those specifically named in its proposal unless personnel with substantially equal or better qualifications and experience are provided, acceptable to City, as evidenced in writing.
XXIII. WAIVER: No provision of this Contract or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed.
XXIV. SEVERABILITY: If any provision of this Contract is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each provision shall be valid and enforceable to the fullest extent permitted by law.
XXV. JURISDICTION AND VENUE: This Contract and the obligations hereunder shall be construed in accordance with the laws of the State of California. The parties hereto agree that venue for any legal disputes or litigation arising out of this Contract shall be in Susanville, California.
XXVI. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings, and representations, oral or 402
written, are superseded.
XXVII. EXHIBITS: All "Exhibits" referred to below or attached to herein are by this reference incorporated into this Contract:
Exhibit Designation Exhibit Title
Exhibit A Services to be Provided by TischlerBise
Exhibit B Compensation or Fees to be Paid to TischlerBise XXVIII. DESIGNATED AGENTS: The parties represent and warrant that they have full power and authority to execute and fully perform their obligations under this Contract pursuant to their governing instruments, without the need for any further action, and that the person(s) executing this Contract on behalf of each party are the duly designated agents of each party and are authorized to do so.
XXIX. COMPLIANCE WITH APPLICABLE LAWS: C o m p a n y shall comply with any and all federal, state and local laws, regulations, and ordinances affecting the services covered by this Contract.
XXX. ATTORNEY'S FEES: If any party hereto employs an attorney for the purpose of enforcing or construing this Contract, or any judgment based on this Contract, in any legal proceeding whatsoever, including insolvency, bankruptcy, arbitration, declaratory relief or other litigation, including appeals or rehearing, the prevailing party shall be entitled to receive from the other party, or parties thereto, reimbursement for all attorney's fees and all costs, including but not limited to service of process, filing fees, court and court reporter costs, investigative costs, expert witness fees, and the cost of any bonds, whether taxable or not. If any judgment or final order be issued in that proceeding, said reimbursement shall be specified therein.
XXXI. NOTICES: Any notice required to be given pursuant to the terms and conditions hereof shall be in writing, and shall be via one of the following methods: personal delivery, prepaid Certified First-Class Mail, or prepaid Priority Mail with delivery confirmation. Unless others designated by either party, such notice shall be mailed to the address shown below:
If to City:
City of Susanville
66 N. Lassen St.
Susanville, CA 96130
If to Company:
L. Carson Bise, AICP, President
4701 Sangamore Rd., Suite 240 403
Bethesda, MD 20816
XXXII. COST DISCLOSURE: In accordance with Government Code Section 7550, Company agrees to state in a separate section of its filed report the dollar amount of this Contract and any related contracts and subcontracts relating to the preparation of the report resulting from this contract. [signature page to follow]
404
IN WITNESS WHEREOF, the parties hereunto have executed this Contract on the date written below.
CITY OF SUSANVILLE: TISCHLERBISE:
By: ____________________________ By: ____________________________ City of Susanville Its: _______________________
Date: ____________________ Date: __________________
405
EXHIBIT A
SERVICES TO BE PROVIDED BY
TISCHLERBISE
TASK 1: PROJECT INITIATION / DATA ACQUISITION/REVIEW EXISTING IMPACT FEE
PROGRAM
During this task, we will meet with City staff to establish lines of communication, review and discuss project goals and expectations related to the project, review (and revise if necessary) the project schedule, request data and documentation related to new proposed development, and discuss City staff’s role in the project. TischlerBise will review the City’s existing impact fee program at this point as well. The objectives of this initial discussion are outlined below:
Obtain and review current demographics and other land use information for the City of Susanville.
Review and refine work plan and schedule.
Discuss current and previous work efforts related to this topic. Assess additional information needs and required staff support. Identify and collect data and documents relevant to the analysis. Identify any relevant policy issues.
Meetings:
One (1) on-site visit to meet with City project management team/City staff as appropriate.
Deliverables:
Data request memorandum.
TASK 2: PREPARE LAND USE ASSUMPTIONS AND DEVELOPMENT PROJECTIONS The purpose of this task is to review and understand the current demographics of the City as they relate to growth and development and determine the likely development future for the City in terms on new population, housing units, employment, and nonresidential building area over the next 10-20 years.
Information from the City, as well as TischlerBise’s experience preparing market analyses throughout the country will serve as the basis for preparing projections of residential and nonresidential development for consideration by staff. TischlerBise will prepare a plan that includes projections of changes in land uses, densities, intensities, and population for specific service areas.
Meetings:
Discussions with staff will be held as part of meeting under Task 1, as well as conference calls as needed. One (1) meeting with staff to discuss the land use assumptions and development projections.
Deliverables:
TischlerBise will prepare a draft technical memorandum discussing the recommended land use factors and projections. After review and sign-off by the City, a final memorandum will be issued, which will become part of the final Impact Fee Report.
TASK 3: DETERMINE CAPITAL FACILITY NEEDS AND SERVICE LEVELS/NEXT STEPS
RECOMMENDATION
406
This Task as well as Tasks 4-6 may vary somewhat depending on the methodology applied to a particular impact fee category. The impact fee study for each facility type would be presented in separate chapters in the impact fee report.
Identify Facilities/Costs Eligible for Impact Fee Funding. As an essential part of the nexus analysis, TischlerBise will evaluate the impact of development on the need for additional facilities, by type, and identify costs eligible for impact fee funding. Elements of the analysis include:
Review facility plans, fixed asset inventories, and other documents establishing the relationship between development and facility needs by type.
Identify planned facilities, vehicles, equipment, and other capital components eligible for impact fee funding.
Prepare forecast of relevant capital facility needs.
Adjust costs as needed to reflect other funding sources.
As part of calculating the fee, Susanville may include the construction contract price; the cost of acquiring land, improvements, materials, and fixtures; the cost for planning, surveying, and engineering fees for services provided for and directly related to the construction system improvement; and debt service charges, if the City might use impact fees as a revenue stream to pay the principal and interest on bonds, notes or other obligations issued to finance the cost of system improvements. All of these components will be considered in developing an equitable allocation of costs.
Identify Appropriate Level of Service (LOS) Standards. We will review needs analyses and LOS for each facility type. Activities related to this Task include:
Apply defined service standards to data on future development to identify the impacts of development on facility and other capital needs. This will include discussions with staff of the existing versus adopted LOS, as appropriate.
Ascertain and evaluate the actual demand factors (measures of impact) that generate the need for each type of facility to be addressed in the study. Identify actual existing service levels for each facility type. This is typically expressed in the number of demand units served.
Define service standards to be used in the impact fee analysis. Determine appropriate geographic service areas for each fee category.
Recommendation for Next Steps of Impact Fee Study. TischlerBise, along with City staff input, will determine a recommendation if the impact fee study should continue based on growth projections, infrastructure capacity, and capital expansion plans.
Meetings:
Two (2) meetings with City staff to discuss capital facility needs and levels-of-service.
Deliverables:
Memoranda regarding TischlerBise’s recommendation for Phase 2.
TASK 4: EVALUATE DIFFERENT ALLOCATION METHODOLOGIES
The purpose of this Task is to determine the methodology most appropriate for each impact fee category.
Selection of the particular methodology for each component of the impact fee category will depend on which is most beneficial for Susanville. In a number of cases, we will prepare the impact fees for a particular infrastructure category using several methodologies and will discuss the trade-offs with the City. This allows the utilization of a combination of methodologies within one fee category. For instance, 407 a plan-based approach may be appropriate for a new building while an incremental approach may be appropriate for support vehicles and equipment. By testing all possible methodologies, the City is assured that the maximum supportable impact fee will be developed. Policy discussions will then be held at the staff level regarding the trade-offs associated with each allocation method prior to proceeding to the next task.
Meetings:
One (1) meeting with Susanville staff (and City Council if desired) to discuss issues related to allocation methodologies
Deliverables:
“Storyboard” presentation on fee categories. See Task 7.
TASK 5: DETERMINE NEED FOR “CREDITS” TO BE APPLIED AGAINST CAPITAL COSTS There are two types of “credits” that are included in the calculation of impact fees, each with specific, distinct characteristics. The first is a credit due to possible double payment situations. This could occur when a property owner will make future contributions toward the capital costs of a public facility covered by an impact fee. The second is a credit toward the payment of an impact fee for the required dedication of public sites and improvements provided by the developer and for which the impact fee is imposed.
Both types of credits will be considered and addressed in the impact fee study.
Deliverables:
Memoranda as appropriate. See Task 7.
TASK 6: CONDUCT FUNDING AND CASH FLOW ANALYSIS
In order to prepare a meaningful capital funding strategy, it is important to not only understand the gross revenues, but also the capital facility costs and any deficits. In this case, some consideration should be given to anticipated funding sources. This calculation will allow the City to better understand the various revenue sources possible and the amount that would be needed if the impact fees were discounted.
The initial cash flow analysis will indicate whether additional funds might be needed or if the funding strategy might need to be changed to have new growth pay its fair share of new capital facilities. This could also affect the total credits calculated in the previous task. Therefore, it is likely that a number of iterations will be conducted in order to refine the cash flow analysis reflecting the capital improvement needs.
Deliverables:
See Task 7.
TASK 7: PREPARE DRAFT AND FINAL IMPACT FEE REPORT, PUBLIC PRESENTATIONS TischlerBise will prepare a draft report for the City’s review. The report will summarize the need for fire, police, and transportation impact fees in Susanville and the relevant methodologies employed in the calculations. It will also document all assumptions and cost factors. The report will include at a minimum the following information:
Executive summary.
A detailed description of the methodologies used during the study. A detailed description of all LOS standards and cost factors used and accompanying rationale. A detailed schedule of all proposed fees listed by land use type and activity. Other information which adequately explains and justifies the resulting recommended fee schedule 408
Cash flow analysis.
Implementation and administration procedures.
Following the City’s review of the draft report, we will make mutually agreed upon changes to the development impact fee report and issues a final version.
Meetings:
One (1) virtual meeting to review the draft and final impact fee study with City staff. One (1) onsite visit to present study results to City Council.
Deliverables:
Draft and final reports and presentation materials for meetings. 409
Exhibit B
Compensation or Fees to be paid to TischlerBise
Bise McAweeney Huff
Job Title Principal-inCharge
Project
Manager Analyst
Hourly Rate $220 $200 $170
Task 1: Project Initiation/Data
Acquisition/Review Existing Impact Fee
Program
2 8 8 18 $3,400
Task 2: Prepare Land Use Assumptions and
Development Projections 4 24 24 52 $9,760
Task 3: Determine Capital Facility Needs and
Service Levels/Next Steps Recommendation 4 24 24 52 $9,760 Expenses $6,000
Phase 1 Subtotal 10 56 56 122 $28,920
Police Component Analysis 4 18 18 40 $7,540
Fire Component Analysis 4 22 22 48 $9,020
Transportation Component Analysis 4 28 28 60 $11,240
Prepare Impact Fee Reports, Public
Presentations 4 12 12 28 $5,320
Expenses $6,000
Phase 2 Subtotal 16 80 80 176 $39,120
Phase 1 & 2 Total: 26 136 136 298 $68,040
Project Team Member
PROPOSED FEE SCHEDULE FOR SUSANVILLE, CA
Phase 1
Phase 2
Total
Hours Cost
410
i
Proposal for
Update to Fire, Police,
Transportation
Impact Fee Study
City of Susanville, California
May 4, 2023
411
ii
Section 1: Project Summary 1
Section 2: Company Description/Capabilities 3
Section 3: Project Team 4
Section 4: Outline of Services 8
Table of Contents
412
1 Section 1: Project Summary
The City of Susanville, California, seeks to update its fire, police, and transportation impact fees. As part of this effort, TischlerBise will provide a comprehensive evaluation of the City’s existing impact fee program.
When preparing the capital improvement plan and recommended impact fee structure, we will work with City staff to ensure assumptions and methodologies are consistent with recommended City policy directives and strategic objectives. With decades of impact fee experience across the nation, TischlerBise has pioneered best practices with a clear trend from generic, cookie-cutter, fee studies to the realization that fees can and should be customized to function as an integral component of the community’s strategic plan.
Therefore, TischlerBise will be available to function as a key asset to the City’s management and leadership team, and will be there for the City long after the engagement is over for no charge assistance on administrative and implementation assistance.
There is a two-phase approach to the study. We anticipate a 5-month schedule to complete both phases.
As noted in the schedule and work scope, several meetings are assumed to occur on the same trip.
The following table contains an estimate of the required personnel hours by task and job title for this assignment.
Anticipated
Dates
Onsite
Visits*
Virtual
Meetings Deliverables
Task 1: Project Initiation/Data
Acquisition/Review Existing
Impact Fee Program
Month 1 1 0 Data Request, Revised Schedule
(if necessary)
Task 2: Prepare Land Use
Assumptions and
Development Projections
Month 1-2 0 1
Technical Memorandum
Outlining Recommended Land
Use Assumptions
Task 3: Determine Capital
Facility Needs and Service
Levels/Next Steps
Recommendation
Month 2-3 0 2
Memorandum Outlining
Findings from Task and
Recommendation Regarding
Phase 2
Police Component Analysis Month 4 0 1 "Storyboard" Presentation on Fee Categories
Fire Component Analysis Month 4 0 1 "Storyboard" Presentation on Fee Categories
Transportation Component
Analysis Month 4 0 1 "Storyboard" Presentation on Fee Categories Prepare Impact Fee Reports,
Public Presentations Month 4-5 1 1
Draft and Final Impact Fee
Studies and Presentation
Materials
*It is assumed meetings are held with multiple departments over one (1) trip.
Phase 1
Phase 2
Tasks
PROJECT SCHEDULE FOR SUSANVILLE, CA
413
2 As President, I am authorized to contractually bind the firm.
Sincerely,
L. Carson Bise II, AICP, President, TischlerBise
Bise McAweeney Huff
Job Title Principal-inCharge
Project
Manager Analyst
Hourly Rate $220 $200 $170
Task 1: Project Initiation/Data
Acquisition/Review Existing Impact Fee
Program
2 8 8 18 $3,400
Task 2: Prepare Land Use Assumptions and
Development Projections 4 24 24 52 $9,760
Task 3: Determine Capital Facility Needs and
Service Levels/Next Steps Recommendation 4 24 24 52 $9,760 Expenses $6,000
Phase 1 Subtotal 10 56 56 122 $28,920
Police Component Analysis 4 18 18 40 $7,540
Fire Component Analysis 4 22 22 48 $9,020
Transportation Component Analysis 4 28 28 60 $11,240
Prepare Impact Fee Reports, Public
Presentations 4 12 12 28 $5,320
Expenses $6,000
Phase 2 Subtotal 16 80 80 176 $39,120
Phase 1 & 2 Total: 26 136 136 298 $68,040
Project Team Member
PROPOSED FEE SCHEDULE FOR SUSANVILLE, CA
Phase 1
Phase 2
Total
Hours Cost
414
3 Section 2: Company Description/Capabilities
TischlerBise, Inc., was founded in 1977 as Tischler, Montasser & Associates. The firm became Tischler & Associates, Inc., in 1980 and TischlerBise, Inc., in 2005. The firm is a Subchapter (S) corporation, is incorporated in Washington, D.C., and maintains offices in Bethesda, Maryland and Boise, Idaho. The firm’s legal address is:
Principal Office Idaho Office
L. Carson Bise, AICP, President Colin McAweeney
4701 Sangamore Rd, Suite 240 999 W Main Street #100
Bethesda, MD 20816 Boise, ID 83702
301.320.6900 x12 208.515.7480
[email protected] [email protected]
TischlerBise is a fiscal, economic, and planning consulting firm specializing in fiscal/economic impact analysis, impact fees, market feasibility, infrastructure financing studies, and related revenue strategies.
Our firm has been providing consulting services to public agencies for over thirty years. In this time, we have prepared over 900 fiscal/economic impact evaluations and over 1,000 impact fee/infrastructure financing studies – more than any other firm. Through our detailed approach, proven methodology, and comprehensive product, we have established TischlerBise as the leading national expert on revenue enhancement and cost of growth strategies.
TischlerBise consistently exceeds our client’s expectations, which is due in large part to the heavy involvement of our highly skilled principal-level professionals. We are proud of the fact that most of our clients retain TischlerBise for return engagements. There are several areas that make our qualifications unique:
Innovators. TischlerBise has been at the forefront of developing unique and innovative approaches for impact fees that are based on the client’s policy objectives and backed by rigorous primary data development and expert analysis. More important, a TischlerBise impact fee methodology has never been successfully challenged in a court of law.
National Thought Leaders. Both of the TischlerBise principals for this assignment are considered national thought leaders on the subjects of impact fees, infrastructure financing strategies, and fiscal/economic sustainability. Carson Bise, AICP, Chaired the American Planning Association’s Paying for Growth Task Force and is an Affiliate of the National Center for Smart Growth Research & Education. Colin McAweeney is a frequent speaker on impact fees and infrastructure financing at the state and national level.
Consensus Builders. Our seasoned Project Team has actively participated in legislative body meetings and citizen committees to educate stakeholders regarding the technical process of impact fee calculations as well as the pros and cons of impact fees. 415
4 Section 3: Project Team
To successfully navigate through the City of Susanville’s impact fee study, the successful consultant must possess specific, detailed, and customized knowledge, not only of the technical analysis, but also of the context of the impact fee structure in achieving the City’s land use, transportation, and economic development policy goals. Our Project Team for this assignment includes some of our most senior and experienced impact fee professionals. We have unsurpassed experience performing projects requiring the same expertise as that needed to serve the City of Susanville. The role of each team member and their qualifications are briefly discussed in this section, and the organizational chart shows our project team for this assignment.
Carson Bise, AICP, President of TischlerBise, will serve as Principal-In-Charge and coordinate our Project Team’s interaction with the City of Susanville to ensure that all work is completed properly, on time, and within budget. He will work closely with Colin McAweeney and Nick Huff, developing and reviewing all aspects of the project and providing overall quality assurance for the project.
Colin McAweeney, Senior Fiscal/Economic Analyst and Idaho Practice Leader, will serve as Project Manager for this assignment. Mr. McAweeney has been with TischlerBise for ten years and is the Project Manager for many of our Western region assignments.
Nick Huff, Fiscal/Economic Analyst at the Boise, Idaho office. Mr. Huff has been with TischlerBise for two years and has a background before joining TischlerBise in the banking industry.
Carson Bise, AICP
Principal-In-Charge
Colin McAweeney
Project Manager
Nick Huff
Project Support
416
5 L. Carson Bise, II, AICP, President
Carson Bise has thirty years of fiscal, economic, and planning experience and has conducted fiscal and infrastructure finance evaluations in forty states. Mr. Bise is a leading national figure in the calculation of impact fees, having completed over 350 impact fees. Mr. Bise has also written and lectured extensively on fiscal impact analysis and infrastructure financing. His most recent publications are Next Generation Transportation Impact Fees and Fiscal Impact Analysis: Methodologies for Planners, both published by the American Planning Association, a chapter on fiscal impact analysis in the book Planning and Urban Design Standards, also published by the American Planning Association, and the ICMA IQ Report, Fiscal Impact Analysis: How Today’s Decisions Affect Tomorrow’s Budgets. Mr. Bise is a past Board of Director for the Growth and Infrastructure Finance Consortium and Chaired the American Planning Association’s Paying for Growth Task Force. He is also an Affiliate of the National Center for Smart Growth Research & Education.
EDUCATION
M.B.A., Economics, Shenandoah University
Bachelor of Science, Geography/Urban Planning, East Tennessee State University Bachelor of Science, Political Science/Urban Studies, East Tennessee State University Colin McAweeney, Idaho Practice Leader
Colin McAweeney is a Senior Fiscal/Economic Analyst and the Idaho Practice Leader. Mr. McAweeney is an industry expert regarding the intersection of land use planning and municipal finance. His expertise ranges from project-level impact analysis to regional fiscal model design and programming. Additionally, McAweeney has completed impact fee and user fee studies in 40+ communities. He has also presented at national and state conferences. Prior to joining TischlerBise, he completed a thesis surrounding urban aspects that attract investment and worked in the finance sector for several years.
EDUCATION
M.S., Urban Management and Development, Erasmus University Rotterdam B.S., Economics with an emphasis on Mathematics, University of Wisconsin - Madison Project Team Selected References
This section provides references for recently completed impact fee assignments similar in size and complexity to the City’s assignment.
Town of Mammoth Lakes, California – Development Impact Fee Study (2015) Grady Dutton, Public Works Director
437 Old Mammoth Road, Suite R
Mammoth Lakes, CA 93546
(760) 934-8989 Ext. 257
[email protected]
417
6 TischlerBise completed a comprehensive overhaul of the Town of Mammoth Lakes development impact fee program. New Town management realized the Town’s existing fee program was based on unrealistic assumptions and was fiscally unachievable. The Town quickly moved to retain a consultant to bring the Town’s development impact fee program into “reality” in terms of levels of service and financial feasibility.
TischlerBise prepared fees for transportation, general government, parks and recreation, police, and stormwater. We also worked closely with a developer stakeholder committee. Comments from the Town Council on the TischlerBise study included:
“This is a seismic change in what we’re doing with DIF,” said Councilmember John Wentworth in response to Bise’s presentation. “… I think it’s about time.” Mayor Michael Raimondo commended TischlerBise for whittling down “that monster wish list.” “This is a much more realistic list than the previous one,” agreed Council member Jo Bacon. “… It’s nice to see one that recognizes the capabilities [of the Town].” City of Suisun City, California – Development Impact Fee Study (2016) Scott Corey, Management Analyst
701 Civic Center Boulevard
Suisun City, CA 94585
(707) 421-7333
[email protected]
TischlerBise completed a development impact fee study for the City of Suisun City, California. Fees to cover new development’s share of capital facility and equipment costs were calculated for the following categories: transportation, police, fire, general government, and parks. One of the challenges with this study related to balancing growth-related needs in the sphere of influence area versus the older parts of the City that are approaching build out.
City of Lemoore, California – Development Impact Fee Study (2016) Andrea Welsh, City Manager
119 Fox Street
Lemoore, CA 93245
(559) 924-6700 Ext. 703
[email protected]
TischlerBise was retained by the City of Lemoore to prepare a comprehensive update of the City’s development impact fee program. One of the challenges with this study related to balancing growth-related needs in the sphere of influence area versus the older parts of the City, as well as higher intensity development that is likely to occur if a major interchange is funded.
The table below illustrates our vast California development impact fee experience. 418
7 S
T
A
TE
CLIENT
Feasibility Analysis
Roads/Transportation
Sewer
Water
Storm
water
Solid Waste
Law Enforcement
Fire/EM
S
Parks and Recreation
Trails/Open Space
Libraries
General Government
CA Avenal
CA Banning
CA Butte County
CA Chino Hills
CA Clovis
CA Corcoran
CA El Centro
CA Grass Valley
CA Half Moon Bay
CA Hemet
CA Imperial County
CA Lemoore
CA Mammoth Lakes
CA Maywood
CA National City
CA Rancho Cucamonga
CA Suisun City
CA Temecula
CA Tulare
CA Visalia
419
8 Section 4: Outline of Services
Project Approach
Impact fees are fairly simple in concept, but complex in delivery. Generally, the jurisdiction imposing the fee must: (1) identify the purpose of the fee, (2) identify the use to which the fee is to be put, (3) show a reasonable relationship between the fee’s use and the type of development project, (4) show a reasonable relationship between the facility to be constructed and the type of development, and (5) account for and spend the fees collected only for the purpose(s) used in calculating the fee.
Reduced to its simplest terms, the process of calculating impact fees involves the following two steps:
1. Determine the cost of development-related improvements, and
2. Allocate those costs equitably to various types of development.
There is, however, a fair degree of latitude granted in constructing the actual fees, as long as the outcome is “proportionate and equitable.” Fee construction is both an art and a science, and it is in this convergence that TischlerBise excels in delivering products to clients.
Any one of several legitimate methods may be used to calculate impact fees for the City. Each method has advantages and disadvantages given a particular situation, and to some extent they are interchangeable because they all allocate facility costs in proportion to the needs created by development.
In practice, the calculation of impact fees can become quite complicated because of the many variables involved in defining the relationship between development and the need for capital facilities. The following paragraphs discuss the three basic methods for calculating impact fees and how those methods can be applied.
Plan-Based Fee Calculation - The plan-based method allocates costs for a specified set of future improvements to a specified amount of development. The improvements are identified by a CIP. In this method, the total cost of relevant facilities is divided by total demand to calculate a cost per unit of demand. The plan-based method is often the most advantageous approach for facilities that require engineering studies, such as roads and utilities.
Cost Recovery Fee Calculation - The rationale for the cost recovery approach is that new development is paying for its share of the useful life and remaining capacity of facilities from which new growth will benefit. To calculate an impact fee using the cost recovery approach, facility cost is divided by the ultimate number of demand units the facility will serve. An oversized arterial roadway is an example.
Incremental Fee Calculation - The incremental expansion method documents the current level-ofservice (LOS) for each type of public facility in both quantitative and qualitative measures, based on an existing service standard such as square feet per capita or park acres per capita. The LOS standards are determined in a manner similar to the current replacement cost approach used by property insurance companies. However, in contrast to insurance practices, clients do not use the funds for renewal and/or replacement of existing facilities. Rather, the jurisdiction uses the impact fee revenue to expand or provide additional facilities as needed to accommodate new development. An incremental 420
9 expansion cost method is best suited for public facilities that will be expanded in regular increments with LOS standards based on current conditions in the community.
Evaluation of Alternatives. Designing the optimum impact fee approach and methodology is what sets TischlerBise apart from our competitors. Unlike most consultants, we routinely consider each of the three methodologies—cost recovery, incremental expansion, and the planned approach—for each component within a fee category. The selection of a particular methodology for each component of the impact fee category will be dependent on which is most beneficial for the City. In a number of cases, we will prepare the impact fee using several methodologies and will discuss the various trade-offs with the City. There are likely to be policy and revenue tradeoffs. We recognize that “one size does not fit all” and create the optimum format that best achieves our clients’ goals.
Lending a Sense of Market Reality to the Development Projections. Projecting future residential and nonresidential development is more difficult now than in the past due to shifting trends in the housing market as a result of changing demographics and lifestyle choices, particularly in light of the COVID-19 pandemic.
Changes in the retail sector combined with existing surpluses of retail space in many communities are also a concern. TischlerBise’s extensive national experience conducting market analysis and real estate feasibility studies is invaluable in determining the appropriate development projections used in the impact fee calculations. Depending on the methodology employed, overly optimistic development projections can increase the City’s financial exposure if impact fee revenue is less than expected.
Public Outreach. The importance of public outreach when considering impact fees and infrastructure funding options should not be overlooked. Based upon our experience with impact fees and infrastructure funding efforts across the country, we anticipate that this study may attract controversy. Therefore, it is important to build a coalition of support early in the process to educate and inform the public and other key stakeholders about the purpose of the study, and to explain how it will benefit both key constituents (developers) and the general public. It is critical to develop a communications strategy that will offset and correct any misinformation that might proliferate and to provide clear and compelling logic for public adoption of an updated impact fee program. Our seasoned project team has actively participated in legislative body meetings and citizen committees to educate and lead stakeholders regarding the technical process of impact fee calculations as well as the pros and cons of impact fees.
Work Scope
TASK 1: PROJECT INITIATION / DATA ACQUISITION/REVIEW EXISTING IMPACT FEE PROGRAM During this task, we will meet with City staff to establish lines of communication, review and discuss project goals and expectations related to the project, review (and revise if necessary) the project schedule, request data and documentation related to new proposed development, and discuss City staff’s role in the project.
TischlerBise will review the City’s existing impact fee program at this point as well. The objectives of this initial discussion are outlined below:
Obtain and review current demographics and other land use information for the City of Susanville. Review and refine work plan and schedule.
Discuss current and previous work efforts related to this topic. Assess additional information needs and required staff support. 421
10 Identify and collect data and documents relevant to the analysis. Identify any relevant policy issues.
Meetings:
One (1) on-site visit to meet with City project management team/City staff as appropriate.
Deliverables:
Data request memorandum.
TASK 2: PREPARE LAND USE ASSUMPTIONS AND DEVELOPMENT PROJECTIONS The purpose of this task is to review and understand the current demographics of the City as they relate to growth and development and determine the likely development future for the City in terms on new population, housing units, employment, and nonresidential building area over the next 10-20 years.
Information from the City, as well as TischlerBise’s experience preparing market analyses throughout the country will serve as the basis for preparing projections of residential and nonresidential development for consideration by staff. TischlerBise will prepare a plan that includes projections of changes in land uses, densities, intensities, and population for specific service areas.
Meetings:
Discussions with staff will be held as part of meeting under Task 1, as well as conference calls as needed.
One (1) meeting with staff to discuss the land use assumptions and development projections.
Deliverables:
TischlerBise will prepare a draft technical memorandum discussing the recommended land use factors and projections. After review and sign-off by the City, a final memorandum will be issued, which will become part of the final Impact Fee Report.
TASK 3: DETERMINE CAPITAL FACILITY NEEDS AND SERVICE LEVELS/NEXT STEPS
RECOMMENDATION
This Task as well as Tasks 4-6 may vary somewhat depending on the methodology applied to a particular impact fee category. The impact fee study for each facility type would be presented in separate chapters in the impact fee report.
Identify Facilities/Costs Eligible for Impact Fee Funding. As an essential part of the nexus analysis, TischlerBise will evaluate the impact of development on the need for additional facilities, by type, and identify costs eligible for impact fee funding. Elements of the analysis include:
Review facility plans, fixed asset inventories, and other documents establishing the relationship between development and facility needs by type.
Identify planned facilities, vehicles, equipment, and other capital components eligible for impact fee funding.
Prepare forecast of relevant capital facility needs.
Adjust costs as needed to reflect other funding sources.
As part of calculating the fee, Susanville may include the construction contract price; the cost of acquiring land, improvements, materials, and fixtures; the cost for planning, surveying, and engineering fees for 422
11 services provided for and directly related to the construction system improvement; and debt service charges, if the City might use impact fees as a revenue stream to pay the principal and interest on bonds, notes or other obligations issued to finance the cost of system improvements. All of these components will be considered in developing an equitable allocation of costs.
Identify Appropriate Level of Service (LOS) Standards. We will review needs analyses and LOS for each facility type. Activities related to this Task include:
Apply defined service standards to data on future development to identify the impacts of development on facility and other capital needs. This will include discussions with staff of the existing versus adopted LOS, as appropriate.
Ascertain and evaluate the actual demand factors (measures of impact) that generate the need for each type of facility to be addressed in the study.
Identify actual existing service levels for each facility type. This is typically expressed in the number of demand units served.
Define service standards to be used in the impact fee analysis. Determine appropriate geographic service areas for each fee category.
Recommendation for Next Steps of Impact Fee Study. TischlerBise, along with City staff input, will determine a recommendation if the impact fee study should continue based on growth projections, infrastructure capacity, and capital expansion plans.
Meetings:
Two (2) meetings with City staff to discuss capital facility needs and levels-of-service.
Deliverables:
Memoranda regarding TischlerBise’s recommendation for Phase 2.
TASK 4: EVALUATE DIFFERENT ALLOCATION METHODOLOGIES
The purpose of this Task is to determine the methodology most appropriate for each impact fee category.
Selection of the particular methodology for each component of the impact fee category will depend on which is most beneficial for Susanville. In a number of cases, we will prepare the impact fees for a particular infrastructure category using several methodologies and will discuss the trade-offs with the City. This allows the utilization of a combination of methodologies within one fee category. For instance, a plan-based approach may be appropriate for a new building while an incremental approach may be appropriate for support vehicles and equipment. By testing all possible methodologies, the City is assured that the maximum supportable impact fee will be developed. Policy discussions will then be held at the staff level regarding the trade-offs associated with each allocation method prior to proceeding to the next task.
Meetings:
One (1) meeting with Susanville staff (and City Council if desired) to discuss issues related to allocation methodologies
Deliverables:
“Storyboard” presentation on fee categories. See Task 7.
TASK 5: DETERMINE NEED FOR “CREDITS” TO BE APPLIED AGAINST CAPITAL COSTS 423
12 There are two types of “credits” that are included in the calculation of impact fees, each with specific, distinct characteristics. The first is a credit due to possible double payment situations. This could occur when a property owner will make future contributions toward the capital costs of a public facility covered by an impact fee. The second is a credit toward the payment of an impact fee for the required dedication of public sites and improvements provided by the developer and for which the impact fee is imposed. Both types of credits will be considered and addressed in the impact fee study.
Deliverables:
Memoranda as appropriate. See Task 7.
TASK 6: CONDUCT FUNDING AND CASH FLOW ANALYSIS
In order to prepare a meaningful capital funding strategy, it is important to not only understand the gross revenues, but also the capital facility costs and any deficits. In this case, some consideration should be given to anticipated funding sources. This calculation will allow the City to better understand the various revenue sources possible and the amount that would be needed if the impact fees were discounted.
The initial cash flow analysis will indicate whether additional funds might be needed or if the funding strategy might need to be changed to have new growth pay its fair share of new capital facilities. This could also affect the total credits calculated in the previous task. Therefore, it is likely that a number of iterations will be conducted in order to refine the cash flow analysis reflecting the capital improvement needs.
Deliverables:
See Task 7.
TASK 7: PREPARE DRAFT AND FINAL IMPACT FEE REPORT, PUBLIC PRESENTATIONS TischlerBise will prepare a draft report for the City’s review. The report will summarize the need for fire, police, and transportation impact fees in Susanville and the relevant methodologies employed in the calculations. It will also document all assumptions and cost factors. The report will include at a minimum the following information:
Executive summary.
A detailed description of the methodologies used during the study. A detailed description of all LOS standards and cost factors used and accompanying rationale. A detailed schedule of all proposed fees listed by land use type and activity. Other information which adequately explains and justifies the resulting recommended fee schedule Cash flow analysis.
Implementation and administration procedures.
Following the City’s review of the draft report, we will make mutually agreed upon changes to the development impact fee report and issues a final version.
Meetings:
One (1) virtual meeting to review the draft and final impact fee study with City staff. One (1) onsite visit to present study results to City Council.
Deliverables:
Draft and final reports and presentation materials for meetings. 424
13 Principal Office
4701 Sangamore Road, Suite S240 |
Bethesda, MD 20816
301.320.6900 x12 (w) |
[email protected]
Idaho Office
999 W. Main Street #100 |
Boise, ID 83702
208.515.7480|
[email protected]
425
AGENDA ITEM NO. 12.B
Action Item
Submitted By: Dan Newton, Administrative Services
Action Date: September 6, 2023
SUBJECT: Consider Resolution No. 23-6218, authorizing City Administrator to enter into an agreement with Peckham & McKinney for recruitment services for the recruitment of an Economic Development Director.
PRESENTED BY: Dan Newton, City Administrator
SUMMARY: The city has recently completed a recruitment effort for the Economic Development Director position. Although the initial applicant pool was sufficient, half of the applicants dropped out of the process before interviews were conducted. It is likely that a second city sponsored recruitment would yield a similar result. In an effort to strengthen the applicant pool the city would like to conduct a second recruitment.
The professional services of Peckham & McKenny are available to conduct the recruitment for Economic Development Director. Many communities have had successful placements using the services of Peckham and McKenny.
The City Administrator is recommending that the City Council approve Resolution No. 23-6218, authorizing the City Administrator to enter into an agreement with Peckham & McKenny for the recruitment of the Economic Development Director.
FISCAL IMPACT: $27,000 (13,500 from city $13,500 from SIR). No budget increase necessary.
ACTION REQUESTED: Consider Resolution No. 23-6218, authorizing City Administrator to enter into an agreement with Peckham & McKinney for recruitment services for the recruitment of an Economic Development Director.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
PM Proposal City of Susanville Economic Development Director.pdf 23-6218.pdf
426
———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ———————— August 24, 2023
Dan Newton, City Administrator
City of Susanville
66 N. Lassen Street
Susanville, California 96130
Via PDF/Email To: [email protected]
Dear Dan,
Thank you for considering Peckham & McKenney for the City of Susanville, Economic Development Director recruitment. I would be honored to represent the City in this important search.
As a boutique firm that specializes in recruitments for small and medium size communities in California, Peckham & McKenney is known for achieving successful and long-term placements. Among many strong attributes, these are four key reasons cities choose us:
• We actively and personally search for and find candidates. • We limit the number of concurrent searches in order to directly focus on serving our client. • We prioritize communicating with our client and applicants to keep everyone informed. • Your recruiter is personally and directly responsible for all aspects of the search and your one point of contact.
Our Peckham & McKenney team is comprised of retired municipal managers and directors who are passionate about the public sector. I am proud to be on the Peckham & McKenney team because the firm’s values and priorities align with mine – to assist public agencies in furtherance of good government; to place quality above quantity; and to build long lasting relationships with those in the public service.
For this important position and search, I will serve as your Recruiter. My professional background includes 12 years as a land use planner for various jurisdictions in California and 16 years as a City Manager for the Town of Los Altos Hills. As such, I am familiar with the responsibilities and duties of the Economic Development Director position. I also currently reside in the Sacramento area and so it will be easier to serve the recruiting needs of the City of Susanville.
Attached is a detailed proposal for conducting the search that includes information about our firm, process, timeline, resources, references, experience, and fee. We charge a fixed, all-inclusive fee and for this search, we are proposing $27,000. I would also be pleased to participate in a Zoom interview to personally present and discuss our proposal. Upon being selected to conduct this important search, we would also be prepared to start on September 25th.
427
———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ———————— I am excited for the opportunity to implement the process leading to the successful placement of a candidate that “fits” your interests and the organization. Please feel free to call me at (650) 504-3515, if there are any questions.
Sincerely,
Carl Cahill, Executive Recruiter
[email protected]
Enclosure:
1. City of Susanville Economic Development Director Search Proposal
2. Example Candidate Profile/ Recruiting brochure
428
———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ———————— City of Susanville
RECRUITMENT PROPOSAL
for
Economic Development Director
August 24, 2023
429
———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ————————
TABLE OF CONTENTS
WHY CHOOSE US? 1
EXPERIENCE 2
YOUR RECRUITMENT TEAM 4
THE SEARCH PROCESS AND SCHEDULE 5
COST OF SERVICES 6
Cost of Services
Process of Payment
Insurance
GUARANTEE AND DIVERSITY 7
Guarantee
Diversity Statement
430
2 | Peckham & McKenney
431
3 | Peckham & McKenney
EXPERIENCE
With our recruitment team that solely consists of retired City Managers, Police Chiefs and Department Heads, and our expert support team, Peckham & McKenney brings more experience and knowledge of local government and executive search than any other California recruiter. Just a few of our recent recruitments senior level public executive positions include:
City of Pleasant Hill – City Manager
City of Dublin - Assistant Community Development Director County of Mariposa - Assistant County Administrative Officer City of Scotts Valley – Administrative Services Director Please don’t hesitate to contact these agencies as well as our large list of current and former clients on our website (here); they will attest to our quality of service, on-going communication throughout the process, personal and direct outreach and sourcing of candidates, quality applicant pool, written materials and interview facilitation.
As an ambassador of our clients, Peckham & McKenney is also known for maintaining ongoing communications with our applicants throughout the search process, treating every applicant with respect, and appropriately informing candidates to support their best effort. The numerous compliments we have received from applicants fairly illustrate this reputation.
432
4 | Peckham & McKenney
Testimonials from clients and candidates are at https://www.peckhamandmckenney.com/testimonials.
Please feel free to contact any of the following current and recent clients to inquire about their experience with Peckham & McKenney. In addition, we would be pleased to furnish the client contact and phone numbers for any past clients listed in this proposal.
Mali LaGoe|City Manager
City of Scotts Valley, CA
1 Civic Center Drive Scotts Valley, CA 95066
Main: (831) 440.5600 | Direct: (831) 440-5606
[email protected]
Sarah Monastes|Human Resources Director
City of Dublin
100 Civic Plaza, Dublin, CA 94568
(925) 833-6614
[email protected]
Dallin Kimble|County Administrative Officer
Mariposa County
PO Box 784, Mariposa, CA 95338
Phone: (209) 966-3222
[email protected]
Ethan Bindernagel, City Manager, City of Pleasant Hill, CA 1(510) 325-3172 [email protected] / Ericka Mitchell, Chief Human Resources Officer, City of Pleasant Hill, CA 1(925) 383-7795 [email protected] 433
5 | Peckham & McKenney
YOUR RECRUITMENT TEAM
Our Approach
With every Peckham & McKenney recruitment, your Recruiter has the entire Peckham & McKenney team of Recruiters and administrative personnel for backup, support, collaboration, and sourcing. However, when you retain Peckham & McKenney, your Recruiter serves as your single point of contact throughout the entire search process and is fully responsible for its success.
Moreover, in order to fully focus on your search and finding applicants that fit with the ideal candidate you are seeking, your Recruiter also maintains no more than 6 active searches.
The Executive Recruiter for you in this search is Carl Cahill Carl Cahill, Executive Recruiter, Peckham & McKenney Executive Search Carl has over 27 years of local government service. Carl worked for the Town of Los Altos Hills, California from 1999 until late 2021. He served as the Town’s Planning Director from 2000 until February 2006 and was then appointed City Manager. Carl has a Bachelor’s degree in Urban Studies from Montclair State University in New Jersey and a Master’s degree in Public Administration from Cal State University, East Bay. He is a member of the American Institute of Certified Planners and the International City/County Management Association.
Carl is supported by the following team.
Joyce Johnson, Operations Manager
Joyce Johnson joined Peckham & McKenney in 2005 and serves as the firm’s Operations Manager. She has over 30 years' experience in the field of administrative and executive support for all aspects of the executive recruitment process. She oversees internal administration of the firm as well as directing contract administrative support in the areas of advertising and design, web posting, and duplication and mailing services. Prior to joining Peckham & McKenney, Ms. Johnson oversaw internal administration in the Western Region headquarters of two national management consulting and executive recruitment firms. Ms. Johnson is complimented regularly on her strong customer orientation working with both clients and candidates alike. Ms. Johnson holds an Associate of Arts degree from American River College.
Tayler Bergstrom, Research Assistant
Tayler Bergstrom joined Peckham & McKenney in 2022 and currently serves as a Research Associate. Tayler is currently pursuing a PhD at UCLA where she worked previously as a lab manager overseeing various research projects. Prior to that, Tayler graduated from UC San Diego with a Bachelor of Science degree in Psychology.
Linda Pucilowski, Graphic Designer
With nearly 30 years of experience, Linda Pucilowski provides her expert design and marketing skills to Peckham & McKenney. She is the firm’s “go-to” professional for all advertising and brochure design and creation. Ms.
Pucilowski holds a Bachelor’s degree from California State University, Sacramento.
Peckham & McKenney Team
434
6 | Peckham & McKenney
Rachel Moran, Website & Social Media Assistant
Rachel Moran has been in the graphic design field since 2007 and prides herself on creating eye-catching visual art. She supports the Peckham & McKenney team by handling all website visual and technical design as well as social media. Ms. Moran graduated from the Art Institute of Houston obtaining her Bachelor’s Degree in Fine Arts with a concentration in Graphic Design.
.
435
7 | Peckham & McKenney
436
8 | Peckham & McKenney
The fee to conduct the entire search process for your next Economic Development Director is $27,000.
437
9 | Peckham & McKenney
• We will connect with you and our placement in 6 months and 1 year after the appointment to check-in.
• We will conduct a second search within 6 months of our search process if a candidate is not placed.
• If the placement vacates the position within 1 year from the date of accepting the offer (external candidates only and except in the event of budgetary cutbacks, promotion, position elimination, or illness/death, etc.), we agree to conduct a second search within 6 months of the vacancy.
Recognizing the current market for finding competent and successful executives and the changes in strategy that would be needed for a second search, the cost of a second search will be equal to the fee for conducting the original search. 438
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 23-6218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
AUTHORIZING CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH
PECKHAM & MCKENNY FOR THE RECRUITMENT SERVICES FOR THE RECRUITMENT
OF AN ECONOMIC DEVELOPMENT DIRECTOR
WHEREAS, the city of Susanville has partnered with the Susanville Indian Rancheria for funding an Economic Development Director position, and WHEREAS, Peckham & McKenny, a professional recruiting firm, is available to assist in the recruitment of the Economic Development Director; and WHEREAS, the cost of the recruitment is a flat fee of $27,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby authorizes the City Administrator to enter into a professional services agreement with Peckham & McKenny for recruitment services.
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 6th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
439
AGENDA ITEM NO. 13.A
Discussion Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: September 6, 2023
SUBJECT: Department Reports
PRESENTED BY: Dan Newton, Interim City Administrator
SUMMARY: The City Administrator Reports is designed for Department Heads to address the Council on a variety of topics, is needed. Also, for the Council to address any questions or comments regarding that Department Head.
FISCAL IMPACT: None
ACTION REQUESTED: Information Only.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
440
AGENDA ITEM NO. 14.A
Discussion Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: September 6, 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:
230906 ITEMS FROM THE PODIUM.pdf
441
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 occuring 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 Guiness World Record attempts in community 7/5/2023 Consider accepting Jesus into your life
7/18/2023
Consider support to the contruction industry and its need for union support to access better living wages, healthcare benefits, and job security within the industry.
8/2/2023 Consider improving and recruiting new recycling centers for community 8/2/2023 Consider speed survey, traffic patrol, or stop sign on Cypress Street 8/2/2023 Consider recognition for city for support to the Community Garden and facility projects 8/2/2023 Consider tree and limb abatement within city limits 8/2/2023 Consider tennis community while incorporating pickleball at the tennis courts 8/16/2023 Consider support of both the Rails to Trails Festival and the Gravel Adventure Ride 8/16/2023 Consider making the projects at the Airport a priority 8/16/2023 Consider effort being placed on HUSA surveys to be directed towards Economic Development efforts instead Update on Charging Station
Discussion regarding MOU with Lassen Historical Society Discuusion on Council goal setting
Discussion regarding American Rescue Plan Act Funding (ongoing) 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 partnership with Lassen Family Services in efforts to prioritize youth Discussion regarding Council trainings and nepotism recusal policy training 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 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 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/animal control nuisance ordinance 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 street maintenance efforts and streets equipment procurement City of Susanville App
Discussion regarding Public Comment Options
Update on Farmer's Market
Discussion regarding city vehicle and equipment surplus auction Update on Animal Shelter agreement (how many animals, cost of, ect.) Discussion regarding lack of inventory of affordable low income housing in support of Lassen Family Services Discussion regarding broadband improvements in Lassen County
BUSINESS FROM THE FLOOR
FUTURE COUNCIL ITEMS
Completed Items
442
Semi-annual or annually report on tax measure expenditures if tax measure passes Discussion regarding placing signage at Community Garden Discussion regarding amendments to cannabis ordinance
Update on K-9 program
Discussion regarding homelessness within the community
Discussion regarding council personal social media accounts Update from LARP on Community Garden
Discussion regarding the sale or lease of Diamond Mountain Golf Course Discussion regarding proclamation for KSUE 75 years of service Discussion regarding donation to American Legion/VFW
443