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. PUBLIC EMPLOYMENT - pursuant to Government Code Section §54957
1. Economic Development Director position
2. Golf Course Manager position
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 Domestic Violence Awareness Month
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 September 6, 2023 regular meeting and the September 19, 2023 special meeting.
6.B Vendor and payroll warrants
6.C Consider Resolution No. 23-6244, supporting the Honey Lake Hospice Light up a Life Ceremony and authorizing closure of South Lassen street from Cottage Street to Main Street on Saturday, November 18, 2023, from 5:00 pm to 8:00 pm
6.D Consider Resolution No. 23-6245, authorizing the Public Works Director to execute a Notice of
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, October 4, 2023 – 4:30 PM
1 Completion for Project No. 23-01 2023 Park and Water Bond Act 2018 (Proposition 68) City of Susanville Memorial Park Project
7. PUBLIC HEARINGS:
7.A Conduct Cost Recovery Public Hearing Case # LN2023-013 and consider Resolution No. 23- 6227, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23-6228, approving the recordation of a lien against real property at 765 Shasta Street.
7.B Conduct Cost Recovery Public Hearing Case # LN2023-014 and consider Resolution No. 23- 6221, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23-6222, approving the recordation of a lien against real property at 560 Hospital Lane.
7.C Conduct Cost Recovery Public Hearing Case # LN2023-015 and consider Resolution No. 23- 6223, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23-6224, approving the recordation of a lien against real property at 1705 Main Street.
7.D Conduct Cost Recovery Public Hearing Case # LN2023-016 and consider Resolution No. 23- 6225, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23-6226, approving the recordation of a lien against real property at 509 Woodside Way.
7.E Conduct Cost Recovery Public Hearing Case # LN2023-018 and consider Resolution No. 23- 6229, approving a cost report of unpaid costs associated with the abatement of nuisance conditions and, if approved, consider subsequent Resolution No. 23-6230, approving the levying of a special assessment and the recordation of the special assessment lien against real property at 63 South Weatherlow Street, and requesting the inclusion of said special assessment on the Lassen County Tax Rolls.
7.F Conduct Cost Recovery Public Hearing Case # LN2023-019 and consider Resolution No. 23- 6231, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23-6232, approving the recordation of a lien against real property at 67 South Weatherlow Street.
7.G Conduct Cost Recovery Public Hearing Case # LN2023-020 and consider Resolution No. 23- 6233, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23-6234, approving the recordation of a lien against real property at 830 Main Street.
7.H Conduct Cost Recovery Public Hearing Case # LN2023-021 and consider Resolution No. 23- 6235, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23-6236, approving the recordation of a lien against real property at 325 North Weatherlow Street.
7.I Conduct Cost Recovery Public Hearing Case # LN2023-022 and consider Resolution No. 23- 6237, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23-6238, approving the recordation of a lien against real property at 105 Laverne Avenue.
8. COUNCIL DISCUSSION/ANNOUNCEMENTS:
2 9. NEW BUSINESS:
9.A Consider Resolution No. 23-6216, delegating authority to the City Administrator to make determinations regarding claims
9.B 2024 Municipal Election Resolution No. 23-6239, Calling and giving notice of the holding of a general municipal election to be held on Tuesday, March 5, 2024, for the election of certain officers as required by the provisions of the laws of the state of California relating to general law cities; and Resolution No. 23-6240, Requesting the Board of Supervisors of the County of Lassen to consolidate a general municipal; election to be held on Tuesday, March 5, 2024, with the statewide primary election to be held pursuant to §10403 of the Elections Code; and Resolution No. 23-6241, Adopting regulations for candidates for elective office pertaining to Candidates' Statements submitted to the voters at an election to be held on Tuesday, March 5, 2024.
9.C Consider Resolution No. 23-6243, authorizing the Chief of Police to execute standard agreement with the State of California Office of Traffic Safety and accepting $50,000 in grant funding from the Selective Traffic Enforcement Program (STEP)
9.D Discussion regarding proposed landscaping funding source for Susanville South East Gateway Project
9.E Consider Resolution No. 23-6247, authorizing City Administrator to execute Agreement between the city and Honey Lake Valley RCD for grant administration services for Johnstonville Dam Project.
9.F Consider Resolution No. 23-6246, authorizing Mayor to execute agreement with CalMuni Advisors.
10. SUSANVILLE COMMUNITY REDEVELOPMENT AGENCY: No business.
11. SUSANVILLE MUNICIPAL ENERGY CORPORATION: No business.
12. CONTINUING BUSINESS: No business.
13. CITY ADMINISTRATOR'S REPORTS:
13.A Department Reports
14. FUTURE COUNCIL ITEMS:
14.A Future Council Items
15. ADJOURNMENT:
The next regular meeting of the Susanville City Council will be held on October 18, 2023 at 4:30PM.
Reports and documents relating to each agenda item are on file in the Office of the City Clerk and are available for public inspection during normal business hours and at the meeting. These reports and documents are also available at the City’s website www.cityofsusanville.net, unless there were systems problems posting to the website.
Accessibility: An interpreter for the hearing-impaired may be made available upon request to the City Clerk seventy-two hours prior to a meeting. A reader for the vision-impaired for purposes of reviewing the agenda may be made available upon request to the City Clerk. The location of this meeting is wheelchair-accessible.
3 I, Heidi Whitlock, certify that I caused to be posted notice of the regular meeting scheduled forOctober 4, 2023 in the areas designated on September 29, 2023 .
4 AGENDA ITEM NO. 6.A
Action Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: October 4, 2023
SUBJECT: Minutes of the City Council's September 6, 2023 regular meeting and the September 19, 2023 special meeting.
PRESENTED BY: Heidi Whitlock, City Clerk
SUMMARY: Attached for the Council’s review are the minutes of the City Council’s September 6, 2023 regular meeting and the September 19, 2023 special meeting.
FISCAL IMPACT: None
ACTION REQUESTED: Motion to waive the reading of and approval to receive and file the City Council's September 6, 2023 regular meeting and the September 19, 2023 special meeting.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
230906.cc.min.draft.pdf
230919.cc.spec.min.draft.pdf
5 SUSANVILLE CITY COUNCIL
Regular Council Meeting Minutes
WEDNESDAY, SEPTEMBER 6, 2023 – 4:30 PM
Mayor McCourt called the meeting to order at 4:30 p.m.
Roll Call of Councilmembers Present: McCourt, Stafford, Schuster, Brown Herrera entered at 4:31 p.m.
1. APPROVAL OF AGENDA:
Moved by Herrera; seconded by Brown to approve the agenda with item 12B being heard prior to 9A or, if the public hearings go long, that item may be heard prior to the end of the public hearings.
Motion Carried: 5 - 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None
2. PUBLIC COMMENT REGARDING CLOSED SESSION ITEMS (if any): No public comment.
3. CLOSED SESSION:
The City Council convened in closed session at 4:32 p.m. to discuss the following:
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: The Council reconvened in open session at 5:00 p.m.
The Pledge of Allegiance and Invocation were provided.
Dan Newton, City Administrator, stated that the council approved the agenda as stated above, met in closed session to discuss the above-mentioned item and provided direction to staff; however, no reportable action was taken.
5. BUSINESS FROM THE FLOOR: Susan, Sierra Cascade Nursery, stated that about 500 people will be coming into the community during the next few weeks to assist the workforce with the harvest season that goes from approximately September 22nd through November 10th.
Theresa Phillips, LMUD, wanted to invite the city council, employees and all community members to the community lunch being held tomorrow.
William Tezak, public member, would like to be on the record and inquired as to whether or not they received the Notice of Intent to sue provided to the Clerk yesterday. He listed a series of names and lawsuits that he intended to pursue as he believes how the city is handling nuisances is legal.
Frank Pringle, public, requested the city take action on the speeding that occurs on Cypress as he continues to see vehicles going far faster than the speed limit. He requested that the item be moved up on the priority list.
6 Kelly Ackley, Chamber of Commerce, stated that the Safe n Sane Halloween is being hosted by the Chamber this year as week as provided information on two other events will be held soon.
6. CONSENT CALENDAR:
Moved by Herrera; seconded by Schuster to approve all items as listed on the consent calendar.
Motion Carried: 5 - 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None
6.A Minutes of the City Council's August 16, 2023 regular meeting and the August 21, 2023 special meeting.
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. 230816.cc.min.draft.pdf
230821.cc.spec.min.draft.pdf
6.B Vendor and payroll warrants Motion to receive and file. 07-31-23.pdf
08-03-23.pdf
08-10-23.pdf
08-17-23.pdf
08-18-23.pdf
08-24-23.pdf
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 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
Side Letter.pdf
23-6202.pdf
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
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
Side Letter.pdf
23-6203.pdf
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.
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.
2023 ADMIN Side Letter.pdf
23-6204.pdf
7 6.F Consider Resolution No. 23-6200, approving and accepting a donation of $1,000.00 from the Walmart Charitable Foundation
Motion to approve Resolution No. 23-6200, approving and accepting a donation of $1,000.00 from the Walmart Charitable Foundation
23-6200.pdf
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
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 23-6201.pdf
request for veterans parade_2023.pdf
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.
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.
COS-RailsToTrails_10-7-23.pdf
23-6205.pdf
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
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
Letter to City - Request Fee Waiver and Road Block Superhero 2023.pdf 23-6199.pdf
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.
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.
COS_LassenGravelAdventureRide_9-9-23.pdf
23-6206.pdf
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.
8 Motion to approve Resolution No. 23-6208, supporting the Lassen County Chamber of Commerce, 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.
Request Letter_chamber2023.pdf
23-6208.pdf
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 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 23-6214.pdf
Award Letter.pdf
EUTV.pdf
23-6085.pdf
6.M Approved Position List
230906 Approved Position List.pdf
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.
Kelly Mumper, City Planner, provided an explanation of the item prior to the hearing being opened.
Public Hearing opened and closed at 5:27 p.m. (no comments received) Councilmember Stafford inquired as to whether or not California Fish and Wildlife was involved, to which Mr. Mumper stated that they were included.
Mayor McCourt offered the public an explanation of why the city started the code enforcement practices and requested that community members start looking at their own properties and to address anything that may be out of compliance. 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_D_.docx
Exhibit E Existing and Proposed Land Use Diagram.docx
Application Materials and Site Plan.pdf
Planning Commission Resolution No. 23-1162.pdf
Moved by Schuster; seconded by Herrera to approve Resolution 23-1162, 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 9 116-470-018-000, and use permit to allow a 70-space recreational vehicle park as stated by Mr. Mumper.
Motion Carried: 5- 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None
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.
Cody Loflin, Code Enforcement Officer, provided an explanation of how the code enforcement process works, the noticing, the administrative citations, interest, etc... as well as the options that the community members have if a citation is received.
Mr. Loflin presented the item and requested consideration of Resolution No. 23-6177 with the modification of the amount to $5,278.03 due to the publication notice costs of $40.90.
Public Hearing open at 5:39 p.m.
William Tezak, public, stated that what Mr. Loflin is calling a public nuisance is not, as it does not affect all members of the public and does not affect the health, general welfare, or safety of the community. He added that Mr. Loflin is "policing for profit", which is illegal. He added that the administrative citations are a form of extortion and the placing of a lien on a property both disparage and slander the title, both of which are a civil cause of action.
Mr. Logan, owner of the property, stated that he had tenants that did not take care of the property, but that it was fixed as soon as he returned to town as he is now living there. He requested the fees be reduced or waived.
Public Hearing closed at 5:44 p.m.
Mr. Loflin stated that this item, and the others coming up, are being presented to approve the costs of the fines, not the validity of the claim, which has already occurred. He added that ultimately, even if someone has tenants, the property owner is the responsible party.
Mayor McCourt inquired as to whether this is the time to request a change in the amount of the fines if the council desired, to which Mr. Loflin confirmed and added that Mr. Logan was one of the first cases and was always respectful in his dealings with him. He also stated that everything changed once Mr. Logan returned to town and the neighbors are grateful.
Councilmember Brown thanked Mr. Logan for taking care of his property and recommended that the fines stand, but he should go after the tenants for reimbursement.
Councilmember Brown made a motion to approve Resolution No. 23-6177 with the addition of the other costs.
Mayor McCourt made a secondary motion to approve Resolution No. 23-6177 with a 10% reduction of the fines, for a total of $4,750.23, seconded by Schuster.
Motion Carried: 4 - 1
Voting For: McCourt, Stafford, Herrera & Schuster
Voting Against: Brown
10 Public Hearing opened and closed at 6:07 p.m. to consider Resolution No. 23-6178 with the modification in fees as determined for Resolution No. 23-6177.
Motion by Herrera, seconded by Brown, to approve Resolution No. 23-6178 with the modified language to include the updated amount of $4,750.23.
Motion Carried: 5 - 0
Voting For: McCourt, Stafford, Herrera & Schuster
Voting Against: Brown
Cost Report - 1135 Brian Court
23-6177.pdf
23-6178.pdf
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.
Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23- 6179 with the modification of the amount to $367.46 due to the publication notice costs of $40.90.
Public Hearing open at 5:59 p.m.
William Tezak, beneficiary and property owner, again stated his argument regarding the definition of a public nuisance and stated that he was denied his due process rights and an actual appeal process, as there was not an independent judge, and that represents a civil rights violation. He stated that if the lien is approved, he will be amending his government tort claim and prosecuting civil rights violation on each case.
Public Hearing closed at 6:01 p.m.
Moved by Herrera; seconded by Brown to approve Resolution No. 23-6179 as written.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23- 6180.
Public Hearing opened at 6:02 p.m.
Mr. Tezak will amend the original government tort claim and will put the city on notice that, if there is a lien placed on this property, he will consider it extortion.
Public Hearing closed at 6:07 p.m.
Moved by Herrera; seconded by Brown to approve Resolution No. 23-6180 as written.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Cost Report - 713 Cottage Street
23-6180.pdf
11 23-6179.pdf
7.D 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.
Mr. Loflin provided an explanation of the item and requested approval of Res. No. 23-6181 with the modification of the amount to $694.14 due to the publication notice costs of $40.90.
Public Hearing opened at 6:10 p.m.
Mr. Tezak, public, once again stated his above-mentioned opinions. He continued that Constitutional Rights stand higher than local ordinances and that the pecking order has the local ordinances on the bottom, followed by state statutes, and then state and federal rights.
He added that it is not being looked at as a rights issue, but only a regulatory issue. He stated that when he says he is going federal, he means he is doing so for civil rights violations.
Public Hearing closed at 6:12 p.m.
Moved by Brown; seconded by Herrera to approve Resolution No.23-6181 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23- 6182 with the modification of cost as approved in Res. No. 23-6181.
Public Hearing opened at 6:14p.m.
Mr. Tezak provided comments.
Public Hearing closed at 6:14 p.m.
Moved by Herrera; seconded by Brown to approve Resolution No.23-6182 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Cost Report - 811 Cottage Street
23-6182.pdf
23-6181.pdf
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.
Mr. Loflin provided an explanation of the item and requested the modification and approval of Resolution No. 23-6183 to $367.46.
12 Public Hearing (costs) open at 6:17 p.m.
Mr. Tezak provided comments.
Public Hearing closed at 6:18 p.m.
Moved by Herrera; seconded by Brown to approve Resolution No.23-6183 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23- 6184 with the modification of cost as approved in Res. No. 23-6183.
Public Hearing opened at: 6:19 p.m.
Mr. Tezak provided comments.
Public Hearing closed at: 6:20 p.m.
Moved by Herrera; seconded by Brown to approve Resolution No.23-6184 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Cost Report - 50 South Gay Street
23-6184.pdf
23-6183.pdf
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.
Councilmember Schuster recused herself for being too close to this property.
Mr. Loflin provided an explanation of the item and requested modified Resolution No. 23- 6185 for an amount of $354.18.
Public Hearing opened and closed at 6:22 p.m. with no comments.
Moved by Brown; seconded by Herrera to approve Resolution No.23-6185 as modified.
Motion Carried: 4- 0
Voting For: None
Voting Against: None
Recused: Schuster
Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23- 6186 with the modification of cost as approved in Res. No. 23-6185.
Public Hearing opened and closed at 6:23 p.m. with no comments. 13 Moved by Herrera; seconded by Brown to approve Resolution No.23-6186 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Recused: Schuster
Cost Report - 610 Juniper Street
23-6186.pdf
23-6185.pdf
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.
Mr. Loflin provided an explanation of the item and modified Resolution No. 23-6187 in the amount of $1,187.58.
Public Hearing opened at 6:26 p.m.
Mr. Tezak provided comments.
Public hearing closed at 6:27 p.m.
Moved by Herrera; seconded by Brown to approve Resolution No.23-6187 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23- 6188 with the modification of cost as approved in Res. No. 23-6187.
Public Hearing opened at 6:27 p.m.
Mr. Tezak provided comments and stated that he will start an FBI investigation.
Public Hearing closed 6:28 p.m.
Moved by Brown; seconded by Herrera to approve Resolution No.23-6188 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Cost Report - 713 Cottage Street
23-6187.pdf
23-6188.pdf
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.
14 Mr. Loflin provided an explanation of the item and requested modification of Resolution No. 6189 to $1,187.58 to cover the cost of the publication.
Public Hearing opened at 6:30 p.m.
Mr. Tezak provided comments.
Public Hearing closed at 6:31 p.m.
Moved by Herrera; seconded by Brown to approve Resolution No.23-6189 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23- 6190 with the modification of cost as approved in Res. No. 23-6189.
Public Hearing opened at 6:32 p.m.
Mr. Tezak provided comments.
Public Hearing closed at 6:33 p.m.
Moved by Herrera; seconded by Brown to approve Resolution No.23-6189 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Cost Report - 50 South Gay Street
23-6189.pdf
23-6190.pdf
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.
Mr. Loflin provided an explanation of the item and requested modified Resolution No. 23- 6191 in the amount of $1,187.58 to cover publication costs.
Public Hearing opened at 6:34 p.m.
Mr. Tezak provided comments.
Public Hearing closed at 6:35 p.m.
Moved by Brown; seconded by Herrera to approve Resolution No.23-6191 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Mr. Loflin provided an explanation of the item and requested modified Resolution No. 23- 6192 in the amount of $1,187.58 as stated in Resolution No. 23-6191.
Public Hearing opened at 6:36 p.m.
15 Mr. Tezak provided comments.
Public Hearing closed at 6:38 p.m.
Moved by Herrera; seconded by Brown to approve Resolution No.23-6192 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Cost Report - 811 Cottage Street
23-6191.pdf
23-6192.pdf
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.
Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23- 6193 as modified to state $470.90 due to publication costs.
Public Hearing opened at 6:40 p.m.
Mr. Tezak provided comments.
Public Hearing closed at 6:42 p.m.
Moved by Herrera; seconded by Brown to approve Resolution No.23-6193 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23- 6194 as modified to state $470.90.
Public Hearing opened at 6:43 p.m.
Mr. Tezak provided comments.
Public Hearing closed at 6:44 p.m.
Moved by Brown; seconded by Herrera to approve Resolution No.23-6191 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Cost Report - 732 Main Street
23-6193.pdf
23-6194.pdf
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.
16 Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23- 6195 with the modification of amount to be $470.90 due to publication costs.
Public Hearing open at 6:47 p.m.
Mr. Tezak stated that this one is special to him and that he “will litigate the heck out of this one”. He stated that this one went beyond harassment and there was no due process and the changing of the signs, and other things. He concluded by stating that this one is definitely going to federal court.
Public Hearing closed at 6:49 p.m.
Moved by Herrera; seconded by Brown to approve Resolution No.23-6195 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23- 6196 with the modification of amount to be $470.90.
Public Hearing opened at 6:50 p.m.
Mr. Tezak provided comments.
Public Hearing closed at 6:51 p.m.
Moved by Brown; seconded by Herrera to approve Resolution No.23-6191 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Cost Report - 801 Main Street
23-6195.pdf
23-6196.pdf
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.
Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23- 6197 with the modification amount being $1,187.58 due to publication costs.
Public Hearing opened at 6:53 p.m. with no comments.
Public Hearing closed at 6:54 p.m.
Moved by Herrera; seconded by Brown to approve Resolution No.23-6197 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23- 6198 with the modification amount being $1,187.58
17 Public Hearing opened at 6:54 p.m. with no comments.
Public Hearing closed at 6:55 p.m.
Moved by Brown; seconded by Herrera to approve Resolution No.23-6198 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Cost Report - 1005 North Street
23-6197.pdf
23-6198.pdf
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.
Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23-6209 to levy the special assessment and place said assessment on the tax role with modification to cost of $23,464.50 for a special assessment as well as the council placing a lien on the property.
Public Hearing open at 7:02 p.m.
Mr. Tezak, public, stated that this is not his property, but there is so much corruption in this case that the Attorney General will also be notified.
Public Hearing closed at 7:04 p.m.
Moved by Brown; seconded by Herrera to approve Resolution No.23-6209 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
Mr. Loflin provided an explanation of the item and requested approval of Resolution No. 23- 6210 with modification to cost of $23,464.50.
Public Hearing open at 7:07 p.m.
Mr. Tezak stated that he will be submitting a series of public record requests on special assessments, and he does not want it to be responded to by the attorney requesting for more time or he will be submitting a writ of mandate.
Public Hearing closed at 7:09 p.m.
Mayor pro tem Herrera thanked staff for all of their hard work on these items. He added that ultimately, this is on the property owner and requested that everyone do what is right.
Moved by Herrera; seconded by Brown to approve Resolution No.23-6210 as modified.
Motion Carried: 5- 0
Voting For: None
Voting Against: None
18 Cost Report - 10 Santa Paula Street
Cost Report Documents
23-6210.pdf
23-6209.pdf
Mayor McCourt requested a break at 7:10 p.m.
Open session reconvened at 7:17 p.m.
8. COUNCIL DISCUSSION/ANNOUNCEMENTS: The city's Mission Statement and the Land Acknowledgement Statement were provided.
9. NEW BUSINESS:
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.
Mr. Newton provided an explanation of the item and presented a representative from Peckham & McKenney who provided a detailed description of what their company includes in their services.
PM Proposal City of Susanville Economic Development Director.pdf 23-6218.pdf Motion to approve 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.
Moved by Herrera; seconded by Schuster to approve.
Motion Carried: 5- 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None
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.
Bob Godman, Public Works Director, provided an explanation of the item and requested the approval of Resolution No. 23-6207.
LHS_homecoing parade_request2023.pdf
23-6207.pdf
Motion to approve Resolution No. 23-6207, authorizing 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.
Moved by Schuster; seconded by Herrera to approve.
Motion Carried: 5- 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None
19 9.B Consider approval of Councilmember discretionary funds in support of the homecoming parade.
Mr. Newton provided an explanation of the item and requested approval to use Councilmember Brown’s discretionary funds in the amount of $1,000 towards the cost of the homecoming parade.
Mayor McCourt inquired about the cost of the project to which the response was approximately $2,600.
Mayor pro tem Herrera offered $1,000 of his discretionary funds.
Councilmember Schuster to donate $500 of her discretionary funds.
Mayor McCourt offered the remaining amount to be taken from his discretionary funds.
Moved by Brown; seconded by Schuster to approve.
Motion Carried: 5- 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None
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 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
Mr. Godman provided an explanation of the item and requested approval of revised Resolution No. 23-6175 as handed out at the beginning of the meeting. 23-6175.pdf
City of Susanville Water Tank Cleaning & Inspection Quote 2023.pdf Moved by Herrera; seconded by Brown to approve the revised Resolution No. 23-6175.
Motion Carried: 5- 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None
9.D Discussion regarding General Plan Updates including the Housing Element 2024 and General Plan 2025-2050 updates.
Kelly Mumper, City Planner, provided an explanation of the item and requested the Council provide direction to staff to either pursue a contract amendment with the current consultants or distribute a Request for Proposal (RFP) for the aforementioned services.
Mr. Newton also provided additional information on the item including that it is an economic development tool.
Mayor McCourt inquired as to whether or not the cost of $300,000 is already secured or if it will need to be found within the budget.
20 Councilmember Schuster requested confirmation from the attorney on whether or not the city was required to have an RFP.
Mayor pro tem Herrera and Councilmember Schuster both approve of the use of ARPA funds.
Direction was provided to staff to prepare an RFP and research funding options.
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.
Mr. Godman provided an explanation of the item and requested approval of Resolution No. 23-6211.
23-6211.pdf
Compulog Monthly agreement quote.pdf
Hardware and Implementation Quote.pdf
PD phone system switch and wiring Quote.pdf
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.
Moved by Schuster; seconded by Herrera to approve.
Motion Carried: 5- 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None
9.F Consider Resolution No. 23-6215, awarding bid to Kirack Construction Inc. for the replacement of Memorial Park Bathroom.
Mr. Newton provided an explanation of the item including the grant used to complete the project and requested approval of Resolution No. 23-6215 awarding the bid to Kirack Construction.
23-6215.pdf
Motion to approve Resolution No. 23-6215, awarding bid to Kirack Construction Inc. for the replacement of Memorial Park Bathroom.
Moved by Schuster; seconded by Brown to approve.
Motion Carried: 5- 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None
9.G Consider Resolution No. 23-6217, receiving and accepting donation from the Susanville Police Officer Association
Ryan Cochran, Police Chief, offered an explanation of the item and requested approval of Resolution No. 23-6217.
23-6217.pdf
21 Motion to approve Resolution No. 23-6217, receiving and accepting donation from the Susanville Police Officer Association
Moved by Schuster; seconded by Herrera to approve.
Motion Carried: 5- 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None
10. SUSANVILLE COMMUNITY REDEVELOPMENT AGENCY: No business.
11. SUSANVILLE MUNICIPAL ENERGY CORPORATION: No business.
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. Item heard prior to Item 9A.
12.B Consider Resolution No. 23-6218, authorizing the City Administrator to enter into an agreement with Peckham & McKinney for recruitment services for the recruitment of an Economic Development Director.
Mr. Newton provided an explanation of the item and presented a representative from Peckham & McKenney who provided a detailed description of what their company does.
PM Proposal City of Susanville Economic Development Director.pdf 23-6218.pdf Motion to approve Resolution No. 23-6218, authorizing the City Administrator to enter into an agreement with Peckham & McKinney for recruitment services for the recruitment of an Economic Development Director.
Moved by Herrera; seconded by Schuster to approve.
Motion Carried: 5- 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None
13. CITY ADMINISTRATOR'S REPORTS:
13.A Department Reports
Staff in attendance provided updates on what they have been focusing on.
Mr. Newton inquired about the potential of a special meeting due to the cancelation of the September 20th meeting. It was the consensus of the council that no special meeting would be needed.
14. FUTURE COUNCIL ITEMS:
14.A Future Council Items
Mr. Newton presented the item and requested direction to staff. 230906 ITEMS FROM THE PODIUM.pdf
15. ADJOURNMENT:
Moved by Herrera; seconded by Schuster to approve.
Motion Carried: 5 - 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None
22 ________________________
Quincy McCourt, Mayor
Respectfully submitted by:
____________________________
Heidi Whitlock, City Clerk
23 SUSANVILLE CITY COUNCIL
Special Council Meeting Minutes
TUESDAY, SEPTEMBER 19, 2023 – 10:00 AM
Mayor McCourt called the meeting to order at 10:00a.m.
Roll Call of Councilmembers Present: McCourt, Stafford, Herrera, & Brown
Absent: Schuster
1. APPROVAL OF AGENDA: (Additions and/or Deletions)
Moved by Stafford; seconded by Brown to approve the agenda as presented.
Motion Carried: 4 - 0
Voting For: McCourt, Stafford, Herrera, Brown
Voting Against: None
Absent: Schuster
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 business.
3. CLOSED SESSION: No business.
4. RETURN TO OPEN SESSION: (recess if necessary)
5. BUSINESS FROM THE FLOOR: No comments.
6. CONSENT CALENDAR: No business.
7. PUBLIC HEARINGS: No business.
8. COUNCIL DISCUSSION/ANNOUNCEMENTS: No comments.
9. NEW BUSINESS:
9.A Consider Resolution No. 23-6219 authorizing repair to the pumping system at Diamond Mountain Golf Course. Consider Resolution No. 23-6220 authorizing a budget increase of $12,000 to complete the work.
Dan Newton, City Administrator, provided an explanation of the item and requested the approval of Resolution No's 23-6219 and 23-6220.
Mayor McCourt requested that an item be brought forward at a future meeting that would allow staff to make those decisions under a specified dollar amount, especially in case of an emergency.
Mr. Newton stated that contracts are currently required to be approved by council and it is also not permitted for staff to make the determination to spend funds not currently budgeted, which is why a budget amendment is required. He added that it would require policy changes at this time.
He offered that staff is currently reviewing and revising the purchasing policy.
Motion to approve Resolution No. 23-6219 authorizing repair to the pumping system at the Diamond Mountain Golf Course. Approve Resolution No. 23-6220 authorizing a budget increase of $12,000 to complete the work.
Moved by Brown, seconded by Herrera, to approve Resolution No. 23-6219.
Motion Carried: 4 - 0
24 Voting For: McCourt, Stafford, Herrera, Brown
Voting Against: None
Absent: Schuster
Moved by Brown, seconded by Herrera, to approve Resolution No. 23-6220.
Motion Carried: 4 - 0
Voting For: McCourt, Stafford, Herrera, Brown
Voting Against: None
Absent: Schuster
23-6219.pdf
23-6220.pdf
10. CONTINUING BUSINESS: No business.
11. CITY ADMINISTRATOR REPORTS: No business.
12. FUTURE COUNCIL ITEMS: No comments.
13. ADJOURNMENT: Motion to adjourn at 10:11a.m.
___________________________
Quincy McCourt, Mayor
Respectfully submitted by:
____________________________
Heidi Whitlock, City Clerk
25 AGENDA ITEM NO. 6.B
Action Item
Submitted By: Alicia Cordova, Administrative Services
Action Date: October 4, 2023
SUBJECT: Vendor and payroll warrants
PRESENTED BY: Chandra Jabbs, Finance Manager
SUMMARY: Warrants dated August 28, 2023 through September 22, 2023 numbered 219240-219447,219458.
FISCAL IMPACT: Accounts Payable vendor warrants totaling $658,472.75, plus $608,240.63 in payroll warrants, for a total of $1,266,713.38.
ACTION REQUESTED: Motion to receive and file
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
8-31-23.pdf
9-07-23.pdf
9-14-23.pdf
9-18-23.pdf
9-21-23.pdf
9-22-23.pdf
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60 CITY OF SUSANVILLE Check Register - Payments by Vendor Page: 1 Check Issue Dates: 9/18/2023 - 9/18/2023 Sep 21, 2023 10:24AM 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 09/23 09/18/2023 219402 728 U.S. POSTMASTER UB BILLING GAS 09182023 1 7401-430-62-46 POSTAGE 403.88 403.88 09/23 09/18/2023 219402 728 U.S. POSTMASTER UB BILLING WATER 09182023 2 7110-430-42-46 POSTAGE 783.99 783.99 Total 09182023: 1,187.87 1,187.87
Grand Totals: 1,187.87 1,187.87
M = Manual Check, V = Void Check
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CITY OF SUSANVILLE Check Register - Payments by Vendor Page: 1 Check Issue Dates: 9/22/2023 - 9/22/2023 Sep 22, 2023 10:47AM 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 09/23 09/22/2023 219458 8854 CALIFORNIA JOINT POW ACUTEL ROBOTICS EVO DRONE-SCORE-23/24 1 7630-411-40-45 INSURANCE-LIABILITY 650.00 650.00 Total DRONE-SCORE-23/24: 650.00 650.00
Grand Totals: 650.00 650.00
M = Manual Check, V = Void Check
67 AGENDA ITEM NO. 6.C
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: October 4, 2023
SUBJECT: Consider Resolution No. 23-6244, supporting the Honey Lake Hospice Light up a Life Ceremony and authorizing closure of South Lassen street from Cottage Street to Main Street on Saturday, November 18, 2023, from 5:00 pm to 8:00 pm
PRESENTED BY: Bob Godman, Public Works Director
SUMMARY:
City Council support is requested for the Honey Lake Hospice Light up a Life Ceremony. For the event, those who wish to honor the memory of a loved one may have the loved one’s name inscribed on a dove and placed on the Hospice’s Memorial Tree. The community is welcome to visit the tree, which lights up each night from Saturday, November 18th through the first of the year. The ceremony will take place entirely outdoors this year.
Honey Lake Hospice has requested the closure of South Lassen Street from Cottage Street to Main Street on Saturday, November 18, 2023, from 5:00 pm to 8:00 pm for the event.
This event will require two (2) Public Works Department employees to set up, take down traffic control signs.
FISCAL IMPACT:
Public Works Dept. Estimate Costs $367
ACTION REQUESTED:
Motion to approve Resolution No. 23-6244, supporting the Honey Lake Hospice Light up a Life Ceremony and authorizing closure of South Lassen street from Cottage Street to Main Street on Saturday, November 18, 2023, from 5:00 pm to 8:00 pm
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
City Council street closure 2023.docx
23-6244.pdf
68 September 18, 2023
Dear Susanville City Council Members:
I am a volunteer with our Honey Lake Hospice here in Susanville. Our office is at 60 South Lassen Street. We have asked the Council the last two years if we could close off South Lassen Street just between Cottage and Main Streets while we held our event in the small strip of grassy area next to our office. That way, our participants could safely gather in the street in front of the lit tree and hear the names of their honored loved ones. We have had lovely and safe events. We thank the City of Susanville for helping to create an inviting venue.
We are asking the City, once again, if Public Works could please close off that small section of South Lassen Street in order to have the 2023 Light Up a Life tree-lighting ceremony. We plan to hold the event on Saturday, November 18, 2023 at 6:30 p.m. We would appreciate the road closure to make it safe, and would need it closed from 5p.m. to 8 p.m.
We appreciate your consideration of our request.
Please feel free to contact me if you have any questions at 530-310-4338.
Thank you!
Sincerely,
Claudia Dunlavy, Volunteer
Honey Lake Hospice
60 South Lassen Street
Susanville, CA 96130
Hospice Office: 530-257-3137
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28 RESOLUTION No. 23-6244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
SUPPORTING THE HONEY LAKE HOSPICE LIGHT UP A LIFE CEREMONY
AND AUTHORIZING CLOSURE OF SOUTH LASSEN STREET FROM
COTTAGE STREET TO MAIN STREET ON SATURDAY, NOVEMBER 18, 2023, FROM 5:00 PM TO 8:00 PM FOR THE EVENT
WHEREAS, City Council support is requested for the Honey Lake Hospice Light up a Life Ceremony to be held on Saturday, November 18, 2023, from 5:00 pm to 8:00 pm; and WHEREAS, the event requires the closure of South Lassen Street from Cottage Street to Main Street on Saturday, November 18, 2023, from 5:00 pm to 8:00 pm for the event.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby:
1. Supports the Honey Lake Hospice Light up a Life Ceremony to be held on Saturday, November 18, 2023, from 5:00 pm to 8:00 pm; and
2. Authorizes the closure of South Lassen Street from Cottage Street to Main Street on Saturday, November 18, 2023, from 5:00 pm to 8:00 pm 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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: ___________________________
Margaret Long, City Attorney
70 AGENDA ITEM NO. 6.D
Action Item
Submitted By: Erik Edholm, Public Works
Action Date: October 4, 2023
SUBJECT:
Consider Resolution No. 23-6245, authorizing the Public Works Director to execute a Notice of Completion for Project No. 23-01 2023 Park and Water Bond Act 2018 (Proposition 68) City of Susanville Memorial Park Project
PRESENTED BY: Bob Godman, Public Works Director
SUMMARY:
City Council awarded the 2023 Park and Water Bond Act 2018 (Proposition 68) City of Susanville Memorial Park Project to Crazy J's Concrete Inc. on April 19, 2023. All work has now been completed and the contractor is requesting a notice of completion of the project.
The final accounting for project costs including the Contractor’s base bid and extra work is $67,864.62.
FISCAL IMPACT: Funding allotted for the project was from the Per Capita Program grant. The City bore no cost for this project as it was funded entirely through the Per Capita Program grant.
ACTION REQUESTED: Motion to approve Resolution No. 23-6245, authorizing the Public Works Director to execute a Notice of Completion for Project No. 23- 01 2023 Park and Water Bond Act 2018 (Proposition 68) City of Susanville Memorial Park Project
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
23-6245.pdf
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28 RESOLUTION NO. 23-6245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE FOR PROJECT NO. 23-01, 2023 PARK AND WATER BOND ACT 2018 (PROPOSITION 68) CITY OF SUSANVILLE MEMORIAL PARK PROJECT WITH CRAZY J’S CONCRETE INC.; AUTHORIZING EXECUTION OF THE NOTICE OF ACCEPTANCE AND
COMPLETION
WHEREAS, at the April 19, 2023 meeting, Council authorized award and execution of a contract for Project No. 2301, 2023 Park and Water Bond Act 2018 (Proposition 68) City of Susanville Memorial Park Project; and
WHEREAS, the City of Susanville Public Works Department has determined that Crazy J’s Concrete Inc. has completed all work associated with the requirements identified in the approved construction plans, specifications and additional work identified needed under contract change orders and therefore should be given consideration for release of their obligation as prescribed in the contract for the 2023 Park and Water Bond Act 2018 (Proposition 68) City of Susanville Memorial Park Project; and
WHEREAS, the City of Susanville Public Works Department recommends execution of the Notice of Acceptance and release of all funds needed to meet its obligations under the contract for Project No. 23-01, 2023 Park and Water Bond Act 2018 (Proposition 68) City of Susanville Memorial Park Project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby approves the Public Works Director to execute Notices of Acceptance for Project No. 23-01 2023 Park and Water Bond Act 2018 (Proposition 68) City of Susanville Memorial Park Project as complete from Crazy J’s Concrete Inc.; and
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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
72 AGENDA ITEM NO. 7.A
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: October 4, 2023
SUBJECT: Conduct Cost Recovery Public Hearing Case # LN2023-013 and consider Resolution No. 23-6227, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23- 6228, approving the recordation of a lien against real property at 765 Shasta Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY:
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 therefore ordered by the Susanville Planning Commission to abate the nuisance within an allotted time. The nuisance abatement order issued is consistent with Section 8.32.130 of the Susanville Municipal Code. The written nuisance abatement order sets to memorialize the findings made by the Commission and provides for the means and manner to abate the nuisances upon the property.
In addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290. 8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars.
In determining the amount of the penalty, the Planning Commission
SUSANVILLE CITY COUNCIL AGENDA ITEM
73 may take any or all of the following factors into consideration:
The period of time during which the public nuisance occurred.
The nature, frequency, and recurrence of the public nuisance.
The ease with which the public nuisance could have been abated.
Good faith efforts made to deter the public nuisance or ameliorate its effects.
The economic impact of the penalty upon person responsible for payment.
The impact of the public nuisance on the community.
Such other factors as just may require.
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.
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.
Administrative Fines, Penalties, and Interest
In the matter of 765 Shasta Street, the following penalties have been assessed.
Pursuant to Susanville Planning Commission Resolution No. 23-1126 which was upheld by Susanville City Council
Resolution No. 23-6176.
$10,000.00
FISCAL IMPACT: If the cost report is approved by the city council and the total amount 74 of administrative civil penalties are collected, then the general fund would see revenue in the amount of $10,000.00.
ACTION REQUESTED: Motion to approve Resolution No. 23-6227, approving cost report, and motion to approve the subsequent Resolution No. 23-6228, approving the recordation of a lien against real property at 765 Shasta Street.
ATTACHMENTS:
Cost Report LN2023-013
23-6227.pdf
23-6228.pdf
75 CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
1 LN2023-013 | 765 Shasta Street
Property Details
Address: 765 Shasta Street, Susanville, California 96130 APN: 107-181-016-000
Property Owner: Daniel Guererro
Approximate Parcel Size: 6,400 Sq. Ft.
Approximate Dwelling Size: 1,000 Sq. Ft.
Zoning: R-1 Single Family Residential
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 therefore ordered by the Susanville Planning Commission to abate the nuisance within an allotted time. The nuisance abatement order issued is consistent with Section 8.32.130 of the Susanville Municipal Code. The written nuisance abatement order sets to memorialize the findings made by the Commission and provides for the means and manner to abate the nuisances upon the property.
In addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290.
8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars. In determining the amount of the penalty, the Planning Commission may take any or all of the following factors into consideration:
The period of time during which the public nuisance occurred. The nature, frequency, and recurrence of the public nuisance. The ease with which the public nuisance could have been abated. Good faith efforts made to deter the public nuisance or ameliorate its effects. The economic impact of the penalty upon person responsible for payment. The impact of the public nuisance on the community.
Such other factors as just may require.
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 daysnotice 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 76 CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
2 LN2023-013 | 765 Shasta Street
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.
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.
Public Nuisance or Violation Determination
The single-family residential structure upon the parcel known as 107-181-016-000, and more commonly known as 765 Shasta Street, suffered major structural damage due to a residential structure fire on May 13, 2015.
Official notices and orders were issued by various staff members of the City of Susanville:
Notice of Violation issued by Craig Sanders, City Planner on September 11, 2015. Cease and Desist notice issued by Craig Sanders, City Planner, on March 22, 2017. Notice of Violation issued by Craig Sanders, City Planner, on August 16, 2017. Notice of Expiring Permit issued by Holly Hill-Young, Permit Technician, on March 30, 2018. Notice of Violation issued by Kelly Mumper, City Planner, on September 4, 2020. Notice of Violation issued by Cody Loflin, Code Enforcement Officer, on September 3, 2021.
Notice of Intention to Abate and Notice of Public Hearing issued by Cody Loflin, Code Enforcement Officer on April 13, 2022.
Notice of Assessment issued by Cody Loflin, Code Enforcement Officer on January 11, 2023.
Nuisance Abatement Order Approved: May 12, 2022 by Resolution No. 22-1099 Appeal Filed: None filed. There was no appearance by the property owner.
Nuisance Abatement Order Appeal Hearing Date: N/A, Failure by property owner to request.
Determination of Appeal Hearing: N/A
Administrative Civil Penalties Hearing: January 10, 2023 Determination of Planning Commission: Approved assessment by Resolution No. 23-1126 Appeal Filed: Yes
Determination of Appeal Hearing: Upheld by City Council by Resolution No. 23-6176 Pursuant to City Council Resolution No. 23-6176, a cost report is to be presented at the October 4, 2023 city council meeting for consideration and authorization of a lien. 77 CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
3 LN2023-013 | 765 Shasta Street
Itemized Costs and Penalties Related to Abatement
The following penalties are related to this case pursuant to Susanville Municipal Code Chapter
8.32. ADMINISTRATIVE FINES, PENALTIES, INTEREST
Planning Commission Resolution
No. 23-1126
City Council Resolution No. 23-
6176
$10,000.00
Administrative Civil Penalty
Noncompliance with Order
Late Payment Penalties and Interest:
8.32.310 SMC: Any person who fails to remit payment to the city of any penalty, cost or any other charge required to be paid to the city pursuant to a nuisance abatement order under this chapter on or before the date the penalty, cost or other charge is due shall, in addition to the amount of the penalty, cost, and charge, pay interest on the amounts due at the rate of ten percent per annum, pro-rata, from the date on which the amount due first became delinquent until the date that payment is received by the city..
Owners Mailing Address
696-125 Merrillville Road
Susanville, California 96130
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.32.230, Code Enforcement is asking the council to:
A. Order that the proposed lien of $10,000.00 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:
Daniel Guererro
696-125 Merrillville Road
Susanville, California 96130
Daniel Guererro (Physical Posting)
765 Shasta Street
Susanville, California 96130
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28 RESOLUTION NO. 23-6227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT FOR ADMINISTRATIVE CIVIL PENALTIES ISSUED AT 765 SHASTA 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 civil penalties; and
WHEREAS, the residential structure located at 765 Shasta Street, APN 107-181-016- 000, suffered major structural damage as a result of a residential structure fire and subsequently was declared to be a dangerous building and public nuisance; and WHEREAS, the Susanville Planning Commission, at a public hearing held during a special meeting of 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 declared public nuisance remains upon the premises located at 765 Shasta Street in violation of the nuisance abatement order for which the Susanville Planning Commission approved the assessment of administrative civil penalties in the amount of $10,000 at a regular meeting held on January 10, 2023; and WHEREAS, Daniel Guererro appealed the Susanville Planning Commission decision to approve the issuance of administrative civil penalties in the amount of $10,000 to the Susanville City Council; and
WHEREAS, the Susanville City Council heard testimony from the City of Susanville and from Daniel Guererro and rendered a decision to table Resolution No. 23-6095 and to continue this hearing for six months to allow Daniel Guererro an opportunity to remedy the violations; and
WHEREAS, on August 16, 2023, the Susanville City Council continued a public hearing and approved Resolution No. 23-6176 ordering the assessment of ten thousand dollars ($10,000) in civil assessment penalties, and ordered Daniel Guererro to pay the civil assessment penalties by 4:30 p.m. on Friday September 29, 2029; and WHEREAS, Resolution No. 23-6176 orders that if the civil assessment penalties become delinquent, then the City of Susanville shall prepare a Cost Report and conduct a Cost Hearing and bring forth for consideration a resolution for said Cost Report and an authorization for Recordation of Lien against real property at 765 Shasta Street to be considered; and NOW, THEREFORE, BE IT RESOLVED that the City Council approves the cost report presented to the city council and orders the owner of 765 Shasta Street (APN 107-181-016- 79 1
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28 000) Daniel Guererro to pay the total amount of $10,000.00 and any future interest accrued and costs incurred.
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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
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28 RESOLUTION NO. 23-6228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE APPROVING THE RECORDATION OF A LIEN AGAINST REAL PROPERTY AT 765 SHASTA STREET (APN 107-181-016-000)
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 8.32 of the Susanville Municipal Code to outline the procedures for abating nuisance conditions and for the collection of civil penalties; and
WHEREAS, the residential structure located at 765 Shasta Street, APN 107-181-016- 000, suffered major structural damage as a result of a residential structure fire and subsequently was declared to be a dangerous building and public nuisance; and WHEREAS, the Susanville Planning Commission, at a public hearing held during a special meeting of 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 declared public nuisance remains upon the premises located at 765 Shasta Street in violation of the nuisance abatement order for which the Susanville Planning Commission approved the assessment of administrative civil penalties in the amount of $10,000 at a regular meeting held on January 10, 2023; and WHEREAS, Daniel Guererro appealed the Susanville Planning Commission decision to approve the issuance of administrative civil penalties in the amount of $10,000 to the Susanville City Council; and
WHEREAS, the Susanville City Council heard testimony from the City of Susanville and from Daniel Guererro and rendered a decision to table Resolution No. 23-6095 and to continue this hearing for six months to allow Daniel Guererro an opportunity to remedy the violations; and
WHEREAS, on August 16, 2023, the Susanville City Council continued a public hearing and approved Resolution No. 23-6176 ordering the assessment of ten thousand dollars ($10,000) in civil assessment penalties, and ordered Daniel Guererro to pay the civil assessment penalties by 4:30 p.m. on Friday September 29, 2029; and WHEREAS, Resolution No. 23-6176 orders that if the civil assessment penalties become delinquent, then the City of Susanville shall prepare a Cost Report and conduct a Cost Hearing and bring forth for consideration a resolution for said Cost Report and an authorization for Recordation of Lien against real property at 765 Shasta Street to be considered; and WHEREAS, the Susanville City Council approved, by Resolution No. 23-6227, the cost report and ordered the owner of 765 Shasta Street, APN 107-181-016-000, Daniel Gurrero, to pay to the City of Susanville in the amount of $10,000.00 and any future interest accrued. 81 1
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28 NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of this resolution, Resolution No. 23-6228, 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 765 Shasta Street, APN 107-181-016-000, owned by Daniel Gurrero; and
BE IT FURTHER RESOLVED that the amount of such lien shall be $10,000.00 plus interest at the legal rate of ten percent per annum commencing on October 4, 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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
82 AGENDA ITEM NO. 7.B
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: October 4, 2023
SUBJECT: Conduct Cost Recovery Public Hearing Case # LN2023-014 and consider Resolution No. 23-6221, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23- 6222, approving the recordation of a lien against real property at 560 Hospital Lane.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY:
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 therefore ordered by the Susanville Planning Commission to abate the nuisance within an allotted time. The nuisance abatement order issued is consistent with Section 8.32.130 of the Susanville Municipal Code. The written nuisance abatement order sets to memorialize the findings made by the Commission and provides for the means and manner to abate the nuisances upon the property.
In addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290. 8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars.
In determining the amount of the penalty, the Planning Commission
SUSANVILLE CITY COUNCIL AGENDA ITEM
83 may take any or all of the following factors into consideration:
The period of time during which the public nuisance occurred.
The nature, frequency, and recurrence of the public nuisance.
The ease with which the public nuisance could have been abated.
Good faith efforts made to deter the public nuisance or ameliorate its effects.
The economic impact of the penalty upon person responsible for payment.
The impact of the public nuisance on the community.
Such other factors as just may require.
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.
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.
Administrative Fines, Penalties, and Interest
In the matter of 560 Hospital Lane, the following penalties have been assessed.
Pursuant to Susanville Planning Commission Resolution No. 23-1124 which was upheld by Susanville City Council
Resolution No. 23-6094.
$10,000.00
FISCAL IMPACT: If the cost report is approved by the city council and the total amount 84 of administrative civil penalties are collected, then the general fund would see revenue in the amount of $10,000.00.
ACTION REQUESTED: Motion to approve Resolution No. 23-6221, approving cost report, and motion to approve the subsequent Resolution No. 23-6222, approving the recordation of a lien against real property at 560 Hospital Lane.
ATTACHMENTS:
Cost Report LN2023-014
23-6221.pdf
23-6222.pdf
85 CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
1 LN2023-014 | 560 Hospital Lane
Property Details
Address: 560 Hospital Lane, Susanville, California 96130 APN: 107-260-053-000
Property Owner: Central Hotel Trust
Approximate Parcel Size: 9.000 Acres
Approximate
Structure Size:
Lassen Community Hospital: 20,000 sq. ft.
Remaining Outbuildings: 2,000 sq. ft.
Zoning:
General Plan:
C-O: Commercial Office Zoning District
Commercial Office
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 therefore ordered by the Susanville Planning Commission to abate the nuisance within an allotted time. The nuisance abatement order issued is consistent with Section 8.32.130 of the Susanville Municipal Code. The written nuisance abatement order sets to memorialize the findings made by the Commission and provides for the means and manner to abate the nuisances upon the property.
In addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290.
8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars. In determining the amount of the penalty, the Planning Commission may take any or all of the following factors into consideration:
The period of time during which the public nuisance occurred. The nature, frequency, and recurrence of the public nuisance. The ease with which the public nuisance could have been abated. Good faith efforts made to deter the public nuisance or ameliorate its effects. The economic impact of the penalty upon person responsible for payment. The impact of the public nuisance on the community.
Such other factors as just may require.
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 daysnotice of any preliminary cost reports. If the owner does not pay, a public hearing setting 86 CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
2 LN2023-014 | 560 Hospital Lane
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.
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.
Public Nuisance or Violation Determination
The former site of the Lassen Community Hospital at 560 Hospital Lane which encompasses a parcel that is approximately 9 acres in total and is known as APN 107-260-053-000. The Lassen Community Hospital closed its doors in May 2003 and relocated to the present-day Banner Lassen Medical Center on Spring Ridge Drive. Since the closure of the Lassen Community Hospital the entire site has suffered 20 years of neglect while being subject to criminal activity.
Official notices and orders were issued by various staff members of the City of Susanville:
June 8, 2020, Public Nuisance and Safety HazardLetter issued by Kelly Mumper, City Planner July 7, 2020, Public Nuisance and Safety HazardLetter issued by Kelly Mumper, City Planner
December 16, 2020, a letter was sent regarding a fire damaged structure by Kelly Mumper, City Planner
August 27, 2021, a letter was sent regarding the entirety of the property by Kelly Mumper, City Planner
April 13, 2022, a Notice of Intention to Abate Public Nuisance & Notice of Public Hearing issued by Cody Loflin, Code Enforcement Officer.
January 11, 2023, a Notice of Assessment issued by Cody Loflin, Code Enforcement Officer
Nuisance Abatement Order Approved: July 12, 2022 by Resolution No. 22-1108 Appeal Filed: None filed.
Nuisance Abatement Order Appeal Hearing Date: N/A,
Determination of Appeal Hearing: N/A
Administrative Civil Penalties Hearing: January 10, 2023 Determination of Planning Commission: Approved assessment by Resolution No. 23-1124 Appeal Filed: Yes
Determination of Appeal Hearing: Upheld by City Council by Resolution No. 23-6094 87 CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
3 LN2023-014 | 560 Hospital Lane
Itemized Costs and Penalties Related to Abatement
The following penalties are related to this case pursuant to Susanville Municipal Code Chapter
8.32. ADMINISTRATIVE FINES, PENALTIES, INTEREST
Planning Commission Resolution
No. 23-1124
City Council Resolution No. 23-
6094
$10,000.00
Administrative Civil Penalty
Noncompliance with Order
Late Payment Penalties and Interest:
8.32.310 SMC: Any person who fails to remit payment to the city of any penalty, cost or any other charge required to be paid to the city pursuant to a nuisance abatement order under this chapter on or before the date the penalty, cost or other charge is due shall, in addition to the amount of the penalty, cost, and charge, pay interest on the amounts due at the rate of ten percent per annum, pro-rata, from the date on which the amount due first became delinquent until the date that payment is received by the city..
Owners Mailing Address
1331 East 7th Street
Los Angeles, California 90021
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.32.230, Code Enforcement is asking the council to:
A. Order that the proposed lien of $10,000.00 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:
Central Hotel Trust
1331 East 7th Street
Los Angeles, California 90021
Central Hotel Trust
(Physical Posting)
560 Hospital Lane
Susanville, California 96130
Law Offices of Michael Carter Smith
12100 Wilshire Boulevard
Suite 800
Los Angeles, California 90025-7120
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28 RESOLUTION NO. 23-6221
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE CIVIL PENALTIES ISSUED AGAINST 560 HOSPITAL LANE
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 the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 560 Hospital Lane also known by assessors’ parcel number 107-260-053-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the approved nuisance abatement order has not been complied with and the Susanville Planning Commission ordered the assessment of administrative civil penalties in the amount of $10,000.00 to be collected from the property owner; and WHEREAS, the amount of unpaid administrative fines, penalties, and accrued interest as of October 1, 2023, is in the amount of $10,000.00.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby approves the cost report as presented and orders the owner of 560 Hospital Lane, APN 107-260-053-000, The Central Hotel Trust, to pay the total amount of $10,000.00 and any future interest accrued and costs incurred.
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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
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28 RESOLUTION NO. 23-6222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE APPROVING THE RECORDATION OF A LIEN AGAINST REAL PROPERTY AT 560 HOSPITAL LANE (APN 107-260-053-000)
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 8.32 of the Susanville Municipal Code to outline the procedures for the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 560 Hospital Lane also known by assessors’ parcel number 107-260-053-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the approved nuisance abatement order has not be complied with and the Susanville Planning Commission ordered the assessment of administrative civil penalties in the amount of $10,000.00 to be collected from the property owner; and WHEREAS, the amount of unpaid administrative fines, penalties, and accrued interest as of October 1, 2023, is in the amount of $10,000.00; and WHEREAS, the Susanville City Council approved, by Resolution No. 23-6221, the cost report and ordered the owner of 560 Hospital Lane, APN 107-260-053-000, Central Hotel Trust, to pay to the City of Susanville in the amount of $10,000.00 and any future interest accrued and costs incurred.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of this resolution, Resolution No. 23-6222, 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 at 560 Hospital Lane, APN 107-260-053-000, and owned by the Central Hotel Trust; and
BE IT FURTHER RESOLVED that the amount of such lien shall be $10,000.00 plus interest at the legal rate of ten percent per annum commencing on October 4, 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
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28 The foregoing resolution was adopted at a regular meeting of the City Council of the City of Susanville, held on the 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
91 AGENDA ITEM NO. 7.C
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: October 4, 2023
SUBJECT: Conduct Cost Recovery Public Hearing Case # LN2023-015 and consider Resolution No. 23-6223, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23- 6224, approving the recordation of a lien against real property at 1705 Main Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY:
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 therefore ordered by the Susanville Planning Commission to abate the nuisance within an allotted time. The nuisance abatement order issued is consistent with Section 8.32.130 of the Susanville Municipal Code. The written nuisance abatement order sets to memorialize the findings made by the Commission and provides for the means and manner to abate the nuisances upon the property.
In addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290. 8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars.
In determining the amount of the penalty, the Planning Commission
SUSANVILLE CITY COUNCIL AGENDA ITEM
92 may take any or all of the following factors into consideration:
The period of time during which the public nuisance occurred.
The nature, frequency, and recurrence of the public nuisance.
The ease with which the public nuisance could have been abated.
Good faith efforts made to deter the public nuisance or ameliorate its effects.
The economic impact of the penalty upon person responsible for payment.
The impact of the public nuisance on the community.
Such other factors as just may require.
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.
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.
Administrative Fines, Penalties, and Interest
In the matter of 1705 Main Street, the following penalties have been assessed.
Pursuant to Susanville Planning Commission Resolution No. 23-1125 which was upheld by Susanville City Council
Resolution No. 23-6103.
$10,000.00
FISCAL IMPACT: If the cost report is approved by the city council and the total amount 93 of administrative civil penalties are collected, then the general fund would see revenue in the amount of $10,000.00.
ACTION REQUESTED: Motion to approve Resolution No. 23-6223, approving cost report, and motion to approve the subsequent Resolution No. 23-6224, approving the recordation of a lien against real property at 1705 Main Street.
ATTACHMENTS:
Cost Report LN2023-015
23-6223.pdf
23-6224.pdf
94 CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
1 LN2023-015 | 1705 Main Street
Property Details
Address: 1705 Main Street, Susanville, California 96130 APN: 105-154-002-000
Property Owner: Michelle Myung Ok Kim
Approximate Parcel Size: 26,000 sq. ft.
Approximate
Structure Size:
Hotel and Restaurant
12,000 sq. ft.
Zoning:
General Plan:
C-2: General Commercial and Shopping Center District
General Commercial and Shopping Center
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 therefore ordered by the Susanville Planning Commission to abate the nuisance within an allotted time. The nuisance abatement order issued is consistent with Section 8.32.130 of the Susanville Municipal Code. The written nuisance abatement order sets to memorialize the findings made by the Commission and provides for the means and manner to abate the nuisances upon the property.
In addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290.
8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars. In determining the amount of the penalty, the Planning Commission may take any or all of the following factors into consideration:
The period of time during which the public nuisance occurred. The nature, frequency, and recurrence of the public nuisance. The ease with which the public nuisance could have been abated. Good faith efforts made to deter the public nuisance or ameliorate its effects. The economic impact of the penalty upon person responsible for payment. The impact of the public nuisance on the community.
Such other factors as just may require.
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 daysnotice of any preliminary cost reports. If the owner does not pay, a public hearing setting 95 CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
2 LN2023-015 | 1705 Main Street
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.
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.
Public Nuisance or Violation Determination
The commercial property located at 1705 Main Street, is the current site of the KnightsInn Motel. Due to the condition of the property, the decision by city staff to declare the building to be hazardous to human habitation and the issuance of a Do Not Enter order was issued.
Official notices and orders were issued by various staff members of the City of Susanville:
Notification of Nuisance issued on December 21, 2020, by Kelly Mumper, City Planner Notice of Violation issued on June 3, 2022, by Cody Loflin, Code Enforcement Notice of Intention to Abate and Notice of Public Hearing issued on June 17, 2022, by Cody Loflin, Code Enforcement
Notice of Assessment issued on January 11, 2023, by Cody Loflin, Code Enforcement Officer
Nuisance Abatement Order Approved: July 12, 2022 by Resolution No. 22-1113 Appeal Filed: None filed.
Nuisance Abatement Order Appeal Hearing Date: N/A,
Determination of Appeal Hearing: N/A
Administrative Civil Penalties Hearing: January 10, 2023 Determination of Planning Commission: Approved assessment by Resolution No. 23-1125 Appeal Filed: Yes
Determination of Appeal Hearing: Upheld by City Council by Resolution No. 23-6103 Itemized Costs and Penalties Related to Abatement
The following penalties are related to this case pursuant to Susanville Municipal Code Chapter
8.32. ADMINISTRATIVE FINES, PENALTIES, INTEREST
Planning Commission Resolution
No. 23-1125
City Council
Resolution No. 23-6103
$10,000.00
Administrative Civil Penalty
Noncompliance with Order
96 CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
3 LN2023-015 | 1705 Main Street
Late Payment Penalties and Interest:
8.32.310 SMC: Any person who fails to remit payment to the city of any penalty, cost or any other charge required to be paid to the city pursuant to a nuisance abatement order under this chapter on or before the date the penalty, cost or other charge is due shall, in addition to the amount of the penalty, cost, and charge, pay interest on the amounts due at the rate of ten percent per annum, pro-rata, from the date on which the amount due first became delinquent until the date that payment is received by the city..
Owners Mailing Address
1705 Main Street
Susanville, California 96130
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.32.230, Code Enforcement is asking the council to:
A. Order that the proposed lien of $10,000.00 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:
Michelle Myung Ok Kim
1705 Main Street
Susanville, California 96130
Michelle Myung Ok Kim (Physical Posting)
1705 Main Street
Susanville, California 96130
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28 RESOLUTION NO. 23-6223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE CIVIL PENALTIES ISSUED AGAINST 1705 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 8.32 of the Susanville Municipal Code to outline the procedures for the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 1705 Main Street also known by assessors’ parcel number 105-154-002-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the approved nuisance abatement order has not be complied with and the Susanville Planning Commission ordered the assessment of administrative civil penalties in the amount of $10,000.00 to be collected from the property owner; and WHEREAS, the amount of unpaid administrative fines, penalties, and accrued interest as of October 1, 2023, is in the amount of $10,000.00.
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 1705 Main Street, APN 105-154-002-000, Michelle Myung Ok Kim, to pay the total amount of $10,000.00 and any future interest accrued and costs incurred.
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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
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28 RESOLUTION NO. 23-6224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE APPROVING THE RECORDATION OF A LIEN AGAINST 1705 MAIN STREET (APN 105-154-002-000)
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 8.32 of the Susanville Municipal Code to outline the procedures for the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 1705 Main Street also known by assessors’ parcel number 105-154-002-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the approved nuisance abatement order has not be complied with and the Susanville Planning Commission ordered the assessment of administrative civil penalties in the amount of $10,000.00 to be collected from the property owner; and WHEREAS, the amount of unpaid administrative fines, penalties, and accrued interest as of October 1, 2023, is in the amount of $10,000.00; and WHEREAS, the Susanville City Council approved, by Resolution No. 23-6223, the cost report and ordered the owner of 1705 Main Street, APN 105-154-002-000, Michelle Myung Ok Kim, to pay to the City of Susanville in the amount of $10,000.00 and any future interest accrued and costs incurred.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of this resolution, Resolution No. 23-6224, 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 at 1705 Main Street, APN 105-154-002-000, and owned by Michelle Myung Ok Kim; and
BE IT FURTHER RESOLVED that the amount of such lien shall be $10,000.00 plus interest at the legal rate of ten percent per annum commencing on October 4, 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 4th day of October 2023, by the following vote:
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28 AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
100
AGENDA ITEM NO. 7.D
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: October 4, 2023
SUBJECT: Conduct Cost Recovery Public Hearing Case # LN2023-016 and consider Resolution No. 23-6225, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23- 6226, approving the recordation of a lien against real property at 509 Woodside Way.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY:
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 therefore ordered by the Susanville Planning Commission to abate the nuisance within an allotted time. The nuisance abatement order issued is consistent with Section 8.32.130 of the Susanville Municipal Code. The written nuisance abatement order sets to memorialize the findings made by the Commission and provides for the means and manner to abate the nuisances upon the property.
In addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290. 8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars.
In determining the amount of the penalty, the Planning Commission
SUSANVILLE CITY COUNCIL AGENDA ITEM
101
may take any or all of the following factors into consideration:
The period of time during which the public nuisance occurred.
The nature, frequency, and recurrence of the public nuisance.
The ease with which the public nuisance could have been abated.
Good faith efforts made to deter the public nuisance or ameliorate its effects.
The economic impact of the penalty upon person responsible for payment.
The impact of the public nuisance on the community.
Such other factors as just may require.
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.
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.
Administrative Fines, Penalties, and Interest
In the matter of 509 Woodside Way, the following penalties have been assessed:
Pursuant to Susanville Planning Commission Resolution No. 23-1132, Administrative Civil Penalties in the amount of $10,000.00.
FISCAL IMPACT: If the cost report is approved by the city council and the total amount of administrative civil penalties are collected, then the general fund 102
would see revenue in the amount of $10,000.00.
ACTION REQUESTED: Motion to approve Resolution No. 23-6225, approving cost report, and motion to approve the subsequent Resolution No. 23-6226, approving the recordation of a lien against real property at 509 Woodside Way.
ATTACHMENTS:
Cost Report LN2023-016
23-6225.pdf
23-6226.pdf
103
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
1 LN2023-016 | 509 Woodside Way
Property Details
Address: 509 Woodside Way, Susanville, California 96130 APN: 103-023-025-000
Property Owner: Cynthia Barney
Approximate Parcel Size: 9,700 sq. ft.
Approximate Dwelling Size: 1,150 sq. ft.
Zoning:
General Plan:
R-1 Single Family Residential District
Single Family
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 therefore ordered by the Susanville Planning Commission to abate the nuisance within an allotted time. The nuisance abatement order issued is consistent with Section 8.32.130 of the Susanville Municipal Code. The written nuisance abatement order sets to memorialize the findings made by the Commission and provides for the means and manner to abate the nuisances upon the property.
In addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290.
8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars. In determining the amount of the penalty, the Planning Commission may take any or all of the following factors into consideration:
The period of time during which the public nuisance occurred. The nature, frequency, and recurrence of the public nuisance. The ease with which the public nuisance could have been abated. Good faith efforts made to deter the public nuisance or ameliorate its effects. The economic impact of the penalty upon person responsible for payment. The impact of the public nuisance on the community.
Such other factors as just may require.
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 daysnotice 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, 104
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(§ 8.32.210 SMC)
2 LN2023-016 | 509 Woodside Way
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.
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.
Public Nuisance or Violation Determination
The residential structure has been vacant since approximately 2016 due to the death of the property owner. The subject property has been subject to squatters breaking in and damaging the structure as a well as at least one known attempt of a person attempting to appropriate the property through adverse possession. Based on a title search, there is a party that has a significant lien recorded against the property but has not initiated foreclosure proceedings which has affected the ability to bring this matter through Probate.
Official notices and orders were issued by various staff members of the City of Susanville:
Notice of Violation issued by Kelly Mumper, City Planner, on August 14, 2020. Notice of Violation issued by Cody Loflin, Code Enforcement Officer, on September 3, 2021.
Notice of Intention to Abate and Notice of Public Hearing issued by Cody Loflin, Code Enforcement Officer on April 13, 2022.
Notice of Assessment issued by Cody Loflin, Code Enforcement Officer on February 15, 2023.
Nuisance Abatement Order Approved: May 24, 2022 by Resolution No. 22-1105 Appeal Filed: None filed.
Nuisance Abatement Order Appeal Hearing Date: N/A,
Determination of Appeal Hearing: N/A
Administrative Civil Penalties Hearing: February 14, 2023 Determination of Planning Commission: Approved assessment by Resolution No. 23-1132 Appeal Filed: No
Determination of Appeal Hearing: N/A
Itemized Costs and Penalties Related to Abatement
The following penalties are related to this case pursuant to Susanville Municipal Code Chapter
8.32. ADMINISTRATIVE FINES, PENALTIES, INTEREST
Planning Commission Resolution
No. 23-1132
$10,000.00
Administrative Civil Penalty
105
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(§ 8.32.210 SMC)
3 LN2023-016 | 509 Woodside Way
Late Payment Penalties and Interest:
8.32.310 SMC: Any person who fails to remit payment to the city of any penalty, cost or any other charge required to be paid to the city pursuant to a nuisance abatement order under this chapter on or before the date the penalty, cost or other charge is due shall, in addition to the amount of the penalty, cost, and charge, pay interest on the amounts due at the rate of ten percent per annum, pro-rata, from the date on which the amount due first became delinquent until the date that payment is received by the city..
Owners Mailing Address
509 Woodside Way
Susanville, California 96130
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.32.230, Code Enforcement is asking the council to:
A. Order that the proposed lien of $10,000.00 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:
The Estate of Cynthia Barney
509 Woodside Way
Susanville, California 96130
The Estate of Cynthia Barney (Physical Posting)
509 Woodside Way
Susanville, California 96130
Michael D. Schulman, Esq.
Law Offices of Michael D. Schulman
18757 Burbank Boulevard, Suite 310
Tarzana, California 91356-3393
[Assignee of Record, Judgement, Lassen Co. Superior Court Case JC43355] 106
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RESOLUTION NO. 23-6225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE CIVIL PENALTIES ISSUED AGAINST 509 WOODSIDE WAY
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 the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 509 Woodside Way also known by assessors’ parcel number 103-023-025-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the approved nuisance abatement order has not be complied with and the Susanville Planning Commission ordered the assessment of administrative civil penalties in the amount of $10,000.00 to be collected from the property owner; and WHEREAS, the amount of unpaid administrative fines, penalties, and accrued interest as of October 1, 2023, is in the amount of $10,000.00.
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 509 Woodside Way, APN 103-023-025-000, Cynthia Barney, to pay the total amount of $10,000.00 and any future interest accrued and costs incurred.
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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
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RESOLUTION NO. 23-6226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE APPROVING THE RECORDATION OF A LIEN AGAINST REAL PROPERTY AT 509 WOODSIDE WAY (APN 103-023-025-000)
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 8.32 of the Susanville Municipal Code to outline the procedures for the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 509 Woodside Way also known by assessors’ parcel number 103-023-025-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the approved nuisance abatement order has not be complied with and the Susanville Planning Commission ordered the assessment of administrative civil penalties in the amount of $10,000.00 to be collected from the property owner; and WHEREAS, the amount of unpaid administrative fines, penalties, and accrued interest as of October 1, 2023, is in the amount of $10,000.00; and WHEREAS, the Susanville City Council approved, by Resolution No. 23-6223, the cost report and ordered the owner of 509 Woodside Way, APN 103-023-025-000, Cynthia Barney, to pay to the City of Susanville in the amount of $10,000.00 and any future interest accrued and costs incurred.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of this resolution, Resolution No. 23-6226, 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 at 509 Woodside Way, APN 103-023-025-000, and owned by Cynthia Barney; and
BE IT FURTHER RESOLVED that the amount of such lien shall be $10,000.00 plus interest at the legal rate of ten percent per annum commencing on October 4, 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 4th day of October 2023, by the following vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
109
AGENDA ITEM NO. 7.E
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: October 4, 2023
SUBJECT: Conduct Cost Recovery Public Hearing Case # LN2023-018 and consider Resolution No. 23-6229, approving a cost report of unpaid costs associated with the abatement of nuisance conditions and, if approved, consider subsequent Resolution No. 23-6230, approving the levying of a special assessment and the recordation of the special assessment lien against real property at 63 South Weatherlow Street, and requesting the inclusion of said special assessment on the Lassen County Tax Rolls.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY:
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 addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290. 8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for
SUSANVILLE CITY COUNCIL AGENDA ITEM
110
creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars.
In determining the amount of the penalty, the Planning Commission may take any or all of the following factors into consideration:
The period of time during which the public nuisance occurred.
The nature, frequency, and recurrence of the public nuisance.
The ease with which the public nuisance could have been abated.
Good faith efforts made to deter the public nuisance or ameliorate its effects.
The economic impact of the penalty upon person responsible for payment.
The impact of the public nuisance on the community.
Such other factors as just may require.
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.
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.
In the matter of 63 South Weatherlow Street, the following costs have been associated with the abatement of nuisance condition. If approved without modifications a lien in the amount of $50,066.68 will be recorded against the property with a special assessment levied in the amount of $40,066.68.
111
ADMINISTRATIVE FINES, PENALTIES, INTEREST
Total Penalty of $10,000.00
ABATEMENT COSTS
Total abatement Costs of $40,066.68
PROPOSED LIEN
In the total amount of $50,066.68
REQUEST FOR LEVYING OF SPECIAL ASSESSMENT
In the amount of $40,066.68
FISCAL IMPACT: If the cost report is approved by city council and special assessment is collected in full, then the recovered costs of $40,066.68 shall be returned to the General Fund to cover costs incurred by the City of Susanville for the abatement of nuisance conditions. Additionally, if the administrative civil penalties are paid in full, then $10,000.00 shall be added to the General Fund.
ACTION REQUESTED: Motion to approve Resolution No. 23-6229, approving cost report, and motion to approve the subsequent Resolution No. 23-6230, approving the recordation of a special assessment lien and lien against real property at 63 South Weatherlow Street.
ATTACHMENTS:
Cost Report LN2023-018
Cost Report LN2023-018 Supplemental
23-6229.pdf
23-6230.pdf
112
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
1 LN2023-018 | 63 South Weatherlow Street
Property Details
Address: 63 South Weatherlow Street, Susanville, California 96130 APN: 103-330-018-000
Property Owner: Ricardo and Susan Pellicer
(Susan Pellicer, AKA Susan Morrison)
Approximate Parcel Size: 2,800 sq. ft.
Approximate
Structure Size:
Demolished Vacant Land
Zoning:
General Plan:
C-2 General Commercial and Shopping Center District
General Commercial and Shopping Center
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 addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290.
8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars. In determining the amount of the penalty, the Planning Commission may take any or all of the following factors into consideration:
The period of time during which the public nuisance occurred. The nature, frequency, and recurrence of the public nuisance. The ease with which the public nuisance could have been abated. Good faith efforts made to deter the public nuisance or ameliorate its effects. The economic impact of the penalty upon person responsible for payment. The impact of the public nuisance on the community.
Such other factors as just may require.
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 10 113
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
2 LN2023-018 | 63 South Weatherlow Street
daysnotice 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.
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.
Public Nuisance or Violation 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 alternative 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.
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 114
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
3 LN2023-018 | 63 South Weatherlow Street
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.
Abatement: An Inspection Warrant was granted by the Honorable Judge Mark Nareau on Mach 2, 2023 (Warrant No. 23-01), in order to perform the necessary Asbestos and Lead Paint Survey. This warrant was executed on March 3, 2023 which allowed the contracted company, Guzi-West Inspection and Consulting, to complete the necessary survey. An Inspection and Abatement Warrant was granted by the Honorable Judge Mark Nareau with the Lassen County Superior Court (Warrant No. 23-15). The abatement of nuisance conditions was conducted by Monath Construction and occurred from June 27, 2023 through July 3, 2023.
CEQA: The abatement of 63 South Weatherlow Street 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.
Nuisance Abatement Order Approved: April 26, 2022, by Resolution No. 22-1094 Appeal Filed: None filed.
Nuisance Abatement Order Appeal Hearing Date: N/A,
Determination of Appeal Hearing: N/A
Administrative Civil Penalties Hearing: January 10, 2023 Determination of Planning Commission: Approved assessment by Resolution No. 23-1127 Appeal Filed: No
Determination of Appeal Hearing: N/A
115
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
4 LN2023-018 | 63 South Weatherlow Street
Itemized Costs and Penalties Related to Abatement
The following penalties are related to this case pursuant to Susanville Municipal Code Chapter
8.32. ADMINISTRATIVE FINES, PENALTIES, INTEREST
Planning Commission Resolution
No. 23-1127
$10,000.00
Administrative Civil Penalty
ABATEMENT COSTS
Code Enforcement Costs
Code Enforcement Officer
Hearing Board hearing
Investigation
Warrant preparation and execution
Cost Report
$1,043.90
Professional Services
Monath Construction
Guzi-West
$38,545.83
Advertising $40.00
Public Works Equipment $112.83
Postage $54.00
Miscellaneous Employee Wages $259.29
General Supplies $10.83
Late Payment Penalties and Interest:
8.32.310 SMC: Any person who fails to remit payment to the city of any penalty, cost or any other charge required to be paid to the city pursuant to a nuisance abatement order under this chapter on or before the date the penalty, cost or other charge is due shall, in addition to the amount of the penalty, cost, and charge, pay interest on the amounts due at the rate of ten percent per annum, pro-rata, from the date on which the amount due first became delinquent until the date that payment is received by the city..
Owners Mailing Address
PO Box 3553
Yuba City, California 95992
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.32.230, Code Enforcement is asking the council to:
A. Order that the proposed lien of $50,066.68 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.
This includes the Special Assessment Lien in the amount of $40,066.68 relating to abatement costs and a Lien in the amount of $10,000.00 relating to the administrative civil assessment penalty; and
116
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
5 LN2023-018 | 63 South Weatherlow Street
B. That the amount due of $40,066.68 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:
Ricardo and Susan Pellicer
PO Box 3553
Yuba City, California 95992
Ricardo and Susan Pellicer
1461 Plumas Street
Yuba City, California 95992
Joseph Hale and Susan Morrison
Po Box 3553
Yuba City, California 95992
Joseph Hale and Susan Morrison
1461 Plumas Street
Yuba City, California 95992
Ricardo Pellicer and Susan Pellicer (Morrison) [Physical Posting] 63 South Weatherlow Street
Susanville, California 96130
117
Date Equipment Number Total Hours Rate Cost PWK Equipment Rental Total $112.83 Postage 6 certified at $9.00 Code Enforcement Hours Rate Total 5/4/2023 30 3 $37.61 $112.83 Regular Employee Salaries $0.00 Asbestos Survey $2,050.00 Planning Commission 1 $47.45 $47.45 Overtime $0.00 Monath 36,495.83 Investigation 10 $47.45 $474.50Social Security Contributions $0.00 Warrant Preparation, Execution and Return 4 $47.45 $189.80 2 warrants Medicare $0.00 Cost Report 2 $47.45 $94.90
PERS $0.00 Lien/Special Assessment Cost Recovery 5 $47.45 $237.25 Workers' Compensation $0.00 59 South Weatherlow Street $1,043.90 State Unemployement $0.00 General Supplies ‐ $10.83
Professional Services $38,545.83 Fence TBC/TBD
General Supplies $10.83Postage $54.00 Employees Hours Rate Total NotesCode Enforcement $1,043.90 Legal Notices $40 to Advertising Tyler Bernardino 3 48.55 145.65 Fence repairs on 5/4/2023 Weighted Salaries/Wages $259.29 Jose Gomez 3 37.88 113.64 Fence repairs on 5/4/2023 Advertising $40.00 259.29
$40,066.68
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CITY OF SUSANVILLE Activily List' by Actvrty Number Page: 1 Jul26, 2023 11:58AM
Activily
Number ActivityTitle
Beginning
Date
End ng
Date
1 Abatemenll0 Sania Paula
2 Abatemenl59 S Weatherlow St.
3 Abatemenl- 67 S Weatherlow St
4 Abatement 63 S Weatheflow Si
457312423
a6130t2a23
06130t2023
06130t2023
46t30/2024
a6130t2024
0613012024
4613012024
119
CJTY OF SUSANVILLE Activily Detail Ledger - Abatemenl report Period 06/23 (06/30/2023) - 08/23 (08/31/2023)
Page: 1
Aug 03,2023 3:59PNl
Date
Reference
Journa Number Payee or Descflption
Deb Credii
Ba ance
4 Abatement- 63 S Weathe ow St.
t0tt-2202-001 AccouNTs PAYABLE
05/31/2023 (05/23) Ealance
OAB12A23 lOAl23) Petiod Totals and Balance
00 00 00 00
101 I 425-21 1330 PROFESSTONAL SVCS
0513112023 (o'l23) Balance oo
o7to6t2023 AP 250 TMONATH CONSTRUCTTON 36,495 83
,*VendorNo: 9820 ."tnv. No: tNV-2272-1 "Desc: ABATEMENT-63 S WEATHERLOW '1nv Date 7/6/2023 "PO No: 8338 *'Remii Name:
ITONATH CONSTRUCTTON "Merchani Vendor No: 9820 'tMerchant Vendor Name MONATH CONSTRUCTION "lnvoice Created By: Alicia 0713112023 l17l23) Pedod Totals and Balance 36,49583' .00' 36,495'83 08/31/2023 (08/23) Period Totals and Balance 00 ' .00 ' 36,495 83 ATD ENC 00 ATD Actlal 36 495.E3 Total 36 495 83 ATD Budget 00 unexpended 36,495 63- TotalAbatement- 63 S Weatherlow St.:
Torats ATDENC 00 ATDActual 36,495 83 Total
Number of t6nsactpns 1 Number of accounts:2
Grand Totalsl
36 495.83 00 36.495 83
36 495.83 ATD Budget 00 Remaining
Debit
36,495 83
Credii
36,495 83
Report Criteria:
Actual amounts
Aclrvity-toiate balances
Allaccounts
lncludes anactive journals
.Activity number = 4
00 36 495 83
120
,il\ lnvoice Number:
lnvoice Date:
Payment Due:
lnvoice
tNv-2272-1
)ul 6,2023 MCIIVATH
CElNETTHUCTIC,N )ul 6,2023
Monath Constru on
Lic. #: 1028187
805 Main ST. Unit M
Susanville, Ca 96130
(530) 310-4242
[email protected]
h,{
*
'^\4'
,4r{ (City of Susanville)
66 North Lassen
Ssuanville, Ca 96130
eedhol m @cityofsusa nville.org Prh
\N\
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PRICE
WAgrotition and cleanup
Project Financials to Date
Estimated Project Total: $36,495.83
Previously lnvoiced Total: $0.00
Estimated Project Balance: $0.00
$36,49s.83
Subtotal $36,495.83
Tax $0.00
Efl; Amount Due $36,495.83
tsx
l0ll- LlzS_ zo - 1330
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DESCRIPTION
121
122
123
PROJECT PROJECT MANAGER TERMS
2023-178 - 63 South Weatherlow Street, Susanville, CA 96130 Net 30 Date Detail Quantity Total
03/03/2023 Asbestos & Lead Sampling 1.00 $ 2,050.00
SUBTOTAL: $ 2,050.00
TOTAL DUE FOR THIS INVOICE: $ 2,050.00
Mail payment to: PO Box 492770 Redding, CA 96049, Tel: 888-351-8189 PAYMENT DUE IN FULL WITHIN 30 DAYS, PLEASE MAKE CHECKS PAYABLE TO GUZIWEST AND INCLUDE THE INVOICE NUMBER LISTED ABOVE. CREDIT CARD PAYMENTS CAN BE MADE BY CALLING 888-351-8189 ext. 1 Guzi-West Inspection and Consulting, LLC
5200 Industrial Way Suite F
Anderson, CA 96007
Phone: 888-351-8189
Email: [email protected]
Website: www.guziwest.com
Bill to
Cody Loflin
[email protected]
INVOICE
#2023-178
Date
03/22/2023
Due date
04/21/2023
Taxpayer Id
#82-3774806
Claim Number
#
Homeowner
City Of Susanville
124
125
126
PAYLESS
BUILDING
SUPPLY
Sales lnvnll
14992
Employee Owned
*.usanvitle
DO Box 1744
Susanville, CA 96130
lnvoice Address
City Of Susanville
66 N. Lassen St.
Susanville, CA., 96130
lnvoice No
lnvoice Date
Terms
Customer
Contact Name
Contact Number
Job
Your Ref
Our Ref
Taken By
Sales Rep
07 t21t2C
Standa t
1 508',
WEATHERLOW STREET
7461 95
Stephanie Anderson
Unassigned
Delivery Address
City Of Susanville
66 N. Lassen St.
Susanville, CA., 96130
ilt lt lllililffillllllllll ll lll
Total
2 3
240
24 00
363
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1.20 750.00
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4ea
307436 - BIT STAR T2O 1IN BULK
2412DF -2x04-12 STD & BTR DF S4S
4112
The invoice is due on 0811012023
lmportant: Prop 55 warning, Declaration and Terms and conditions of this sale are on the oack of this invoice.
Goods received in good condition
Print name
$30 03
$0 28
$2.1 I Olher laxT.?5o/o
$32 49 lnvoice Total
Signature
Olyrfootage Price Lino
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t
TotalAmount
cAtPA 1.00%
a\
127
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3 4
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7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
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RESOLUTION NO. 23-6229
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 63 SOUTH WEATHERLOW 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 the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 63 South Weatherlow Street also known by assessors’ parcel number 103-330-018-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the City of Susanville performed the abatement and removal of nuisance conditions at the property at 63 South Weatherlow Street, APN 103-330-018-000, incurring costs in the amount of $40,066.68, and additional penalties in the amount of $10,000.00.
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 owners of 63 South Weatherlow Street, APN 103-330-018-000, Ricardo Pellicer and Susan Pellicer (Morrison), to pay the total amount of $40,066.68 in actual costs incurred for the abatement of nuisance conditions, and $10,000.00 in additional penalties, and any future interest accrued and costs incurred.
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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
128
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RESOLUTION NO. 23-6230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE LEVYING OF A SPECIAL ASSESSMENT AND THE RECORDATION OF THE SPECIAL ASSESSMENT LIEN AGAINST REAL PROPERTY AT 63 SOUTH
WEATHERLOW 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 the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 63 South Weatherlow Street also known by assessors’ parcel number 103-330-018-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the City of Susanville performed the abatement and removal of nuisance conditions at the property at 63 South Weatherlow Street, APN 103-330-018-000, incurring costs in the amount of $40,066.68, and additional penalties in the amount of $10,000.00; and WHEREAS, the real property located at 63 South Weatherlow Street, also known by assessors’ parcel number 103-330-018-000 was abated of nuisance conditions and the Susanville City Council approved Resolution No. 23-6230 approving the recovery of costs in the amount of $40,066.68 in addition to additional penalties in the amount of $10,000.00 NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby levies a special assessment in the amount of $40,066.68 and approves a lien in the amount of $10,000.00, and orders the recordation of this resolution, Resolution No. 23-6230, with the Office of the Clerk-Recorder for the County of Lassen against real property located at 63 South Weatherlow Street APN 103-330-018-000, owned by Ricardo Pellicer and Susan Pellicer (Morrison); 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 4th day of October 2023, by the following vote:
129
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AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
130
AGENDA ITEM NO. 7.F
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: October 4, 2023
SUBJECT: Conduct Cost Recovery Public Hearing Case # LN2023-019 and consider Resolution No. 23-6231, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23- 6232, approving the recordation of a lien against real property at 67 South Weatherlow Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY:
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 addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290. 8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars.
SUSANVILLE CITY COUNCIL AGENDA ITEM
131
In determining the amount of the penalty, the Planning Commission may take any or all of the following factors into consideration:
The period of time during which the public nuisance occurred.
The nature, frequency, and recurrence of the public nuisance.
The ease with which the public nuisance could have been abated.
Good faith efforts made to deter the public nuisance or ameliorate its effects.
The economic impact of the penalty upon person responsible for payment.
The impact of the public nuisance on the community.
Such other factors as just may require.
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.
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.
In the matter of 67 South Weatherlow Street, the following costs have been associated with the abatement of nuisance condition. If approved without modifications a lien in the amount of $16,568.62 will be recorded against the property with a special assessment levied in the amount of $6,568.62.
ADMINISTRATIVE FINES, PENALTIES, INTEREST
Total Penalty of $10,000.00
132
ABATEMENT COSTS
Total abatement Costs of $6,568.62
PROPOSED LIEN
In the total amount of $16,568.62
REQUEST FOR LEVYING OF SPECIAL ASSESSMENT
In the amount of $6,568.62
FISCAL IMPACT: If the cost report is approved by city council and special assessment is collected in full, then the recovered costs of $6,568.62 shall be returned to the General Fund to cover costs incurred by the City of Susanville for the abatement of nuisance conditions. Additionally, if the administrative civil penalties are paid in full, then $10,000.00 shall be added to the General Fund.
ACTION REQUESTED: Motion to approve Resolution No. 23-6231, approving cost report, and motion to approve the subsequent Resolution No. 23-6232, approving the recordation of a lien against real property at 67 South Weatherlow Street.
ATTACHMENTS:
Cost Report LN2023-019
Cost Report LN2023-019 Supplemental
23-6231.pdf
23-6232.pdf
133
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
1 LN2023-019 | 67 South Weatherlow Street
Property Details
Address: 67 South Weatherlow Street, Susanville, California 96130 APN: 103-330-017-000
Property Owner: Roland and Joanna Zimmerman
Approximate Parcel Size: 2,800 sq. ft.
Approximate
Structure Size:
Demolished Vacant Land
Zoning:
General Plan:
C-2 General Commercial and Shopping Center District
General Commercial and Shopping Center
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 addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290.
8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars. In determining the amount of the penalty, the Planning Commission may take any or all of the following factors into consideration:
The period of time during which the public nuisance occurred. The nature, frequency, and recurrence of the public nuisance. The ease with which the public nuisance could have been abated. Good faith efforts made to deter the public nuisance or ameliorate its effects. The economic impact of the penalty upon person responsible for payment. The impact of the public nuisance on the community.
Such other factors as just may require.
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 daysnotice of any preliminary cost reports. If the owner does not pay, a public hearing setting 134
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
2 LN2023-019 | 67 South Weatherlow Street
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.
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.
Public Nuisance or Violation 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 alternative 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.
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.
135
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
3 LN2023-019 | 67 South Weatherlow Street
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.
Abatement: An Inspection Warrant was granted by the Honorable Judge Candace Beason on Mach 3, 2023 (Warrant No. 23-02), in order to perform the necessary Asbestos and Lead Paint Survey. This warrant was executed on March 3, 2023 which allowed the contracted company, Guzi-West Inspection and Consulting, to complete the necessary survey. An Inspection and Abatement Warrant was granted by the Honorable Judge Candace Beason on March 3, 2023 (Warrant No. 23-03), in order to abate a hazardous tree upon the property.
This warrant was executed on March 31, 2023, by MW Trees. Prior to the physical abatement of the building, the property owner did abate the building. However, costs were incurred by the taxpayers of this City due to noncompliance.
CEQA: The abatement of 67 South Weatherlow Street 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.
Nuisance Abatement Order Approved: May 12, 2022, by Resolution No. 22-1095 Appeal Filed: None filed.
Nuisance Abatement Order Appeal Hearing Date: N/A,
Determination of Appeal Hearing: N/A
Administrative Civil Penalties Hearing: January 10, 2023 Determination of Planning Commission: Approved assessment by Resolution No. 23-1128 Appeal Filed: No
Determination of Appeal Hearing: N/A
Itemized Costs and Penalties Related to Abatement
The following penalties are related to this case pursuant to Susanville Municipal Code Chapter
8.32. ADMINISTRATIVE FINES, PENALTIES, INTEREST
Planning Commission Resolution
No. 23-1128
$10,000.00
Administrative Civil Penalty
ABATEMENT COSTS
Code Enforcement Costs $1,138.80
136
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
4 LN2023-019 | 67 South Weatherlow Street
Code Enforcement Officer
Hearing Board hearing
Investigation
Warrant preparation and execution
Cost Report
Professional Services
MW Trees
Guzi-West
$4,550.00
Advertising $40.00
Public Works Equipment $188.05
Postage $54.00
Miscellaneous Employee Wages $241.12
General Supplies $356.65
Late Payment Penalties and Interest:
8.32.310 SMC: Any person who fails to remit payment to the city of any penalty, cost or any other charge required to be paid to the city pursuant to a nuisance abatement order under this chapter on or before the date the penalty, cost or other charge is due shall, in addition to the amount of the penalty, cost, and charge, pay interest on the amounts due at the rate of ten percent per annum, pro-rata, from the date on which the amount due first became delinquent until the date that payment is received by the city..
Owners Mailing Address
459-680 Lake View Drive
Janesville, California 96114
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.32.230, Code Enforcement is asking the council to:
A. Order that the proposed lien of $16,568.62 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.
This includes the Special Assessment Lien in the amount of $6,568.62 relating to abatement costs and a Lien in the amount of $10,000.00 relating to the administrative civil assessment penalty; and
B. That the amount due of $6,568.62 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.
137
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
5 LN2023-019 | 67 South Weatherlow Street
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:
Roland and Joanna Zimmerman
459-680 Lake View Drive
Janesville, California 96114
Roland and Joanna Zimmerman (Physical Posting)
67 South Weatherlow Street
Susanville, California 96130
138
Date Equipment Number Total Hours Rate Cost PWK Equipment Rental Total $188.05 Postage 6 certified at $9.00 Code Enforcement Hours Rate Total 6/21/2023 32 1 $37.61 $37.61 Regular Employee Salaries Tree Abatement $2,500 Planning Commission 1 $47.45 $47.45 6/21/2023 30 4 $37.61 $150.44 Overtime Asbestos Survey $2,050 Investigation 10 $47.45 $474.50 $0.00 Social Security Contributions Warrant Preparation, Execution and Return 2 $47.45 $94.90 $0.00 Medicare Cost Report 2 $47.45 $94.90
$0.00 PERS Tree Abatement 4 $47.45 $189.80
$0.00 Workers' Compensation Lien/Special Assessment Cost Recovery 5 $47.45 $237.25 $0.00 State Unemployement $1,138.80
$0.00 Professional Services $4,550.00 Employees
$0.00 Supplies $356.65 Steven Lively 4 $34.85 $139.40 Fence Repair 6/22 $0.00 Postage $54.00 Luke Crawford 1 $34.98 $34.98 Fence Repair 6/22$0.00 Code Enforcement $1,138.80 Tyler Bernardino 4 $48.55 $194.20 Fence Repair 6/22$0.00 Employee Wages $241.12 Dow Davis 4 $60.28 $241.12 Fence Repair 7/21 $0.00 Advertising $40.00 $609.70$0.00 $6,568.62
139
CITY OF SUSANVILLE Activity Lst - byActivity Number Pager 1 Jul26, 2023 11 58AM
Activily
Number Activity Ttle
Beginning
Date
Ending
Date
1 Abatementl0 Santa Paula
2 Abatement 59 S Weatherlow S1.
3 Abatemenl- 67 S Weatherlow Sl.
4 Abatemen! 63 S Weatherlor/ St
o5t3112023
o6t30t2023
06t30t2023
o6t3012023
06t30t2424
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140
CITY OF SUSANVILLE Activily Detarl Ledger ' Abaiemenl report Period: 06/23 (06/30/2023) - Oel23 @eB1l2O23)
Page: 1
Aug 03, 2023 3r48PM
Date Payee or Descriplion
Debt Credil
Ba ance
3 Abatement- 57 S WeEtherlow St.
1ol1 -2202401 ACCOUNTS PAYAaLE
05/31/2023 (05/23) Balance
08/31/2023 (08/23) Pe od Totals and Balance 00
1011-425-2t.66,t0 SUPPLTES-GENERAL
O5131t2023 \O5l23)Balance OO
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Tolals: ATDENC 00 ATD Actual 345.82 Totat
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Grand Tolals
345 82 00 345 82
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Report Crite a:
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Activity Activily number = 3
Reference
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ATD ENC
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lnvoice Date
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PO Box 1744
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66 N. Lassen St.
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2408DF - 2x04-08 STD & BTR DF S4S
1t8
The invoice is due on 0811012023.
lmportant: Prop 65 warning, Declaration and Terms and Conditions of this sale are on the oack of this invoice.
Goods received in good condition
Print name
$30 03
$2.1 8
::
&twrTax?.25o/o
l*voice Total $32 49
Signature
$0 28
lnstructions Notes
Description
'fi}talAmo.rnt
CA LPA ,I -OO%
I 145
PROJECT PROJECT MANAGER TERMS
2023-178 - 67 South Weatherlow Street, Susanville, CA 96130 Net 30 Date Detail Quantity Total
03/03/2023 Asbestos & Lead Sampling 1.00 $ 2,050.00
SUBTOTAL: $ 2,050.00
TOTAL DUE FOR THIS INVOICE: $ 2,050.00
Mail payment to: PO Box 492770 Redding, CA 96049, Tel: 888-351-8189 PAYMENT DUE IN FULL WITHIN 30 DAYS, PLEASE MAKE CHECKS PAYABLE TO GUZIWEST AND INCLUDE THE INVOICE NUMBER LISTED ABOVE. CREDIT CARD PAYMENTS CAN BE MADE BY CALLING 888-351-8189 ext. 1 Guzi-West Inspection and Consulting, LLC
5200 Industrial Way Suite F
Anderson, CA 96007
Phone: 888-351-8189
Email: [email protected] Website: www.guziwest.com
Bill to
Cody Loflin
[email protected]
INVOICE
#2023-178
Date
03/22/2023
Due date
04/21/2023
Taxpayer Id
#82-3774806
Claim Number
#
Homeowner
City Of Susanville
146
INVOICE
MW Tree Service
471-255 Linco Lane
Susanville, CA 96130
[email protected]
530-310-9467
Cody Loflin
Bill to
Cody Loflin
Invoice details
Invoice no.: 151
Invoice date: 03/31/2023
Due date: 03/31/2023
Product or service Amount
1. Removal $2,500.00
A complete removal was performed on the large burnt Fir tree behind the burnt buildings on South Weatherlow above the highschool parking lot. The tree was cut down, all limbs and debris were cleaned up and large wood was hauled off site. Equipment used to safely and efficiently complete the job included. A bucket truck with dumb box for woodchips and debris, one wood chipper, 3 chainsaws, one mini skid steer to move and load large wood to be hauled away, a dump trailer for wood hauling and a utility truck to pull the dump trailer. All work is complete.
Note to customer
Thank you for your business.
Total $2,500.00
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RESOLUTION NO. 23-6231
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 67 SOUTH WEATHERLOW 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 the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 67 South Weatherlow Street also known by assessors’ parcel number 103-330-017-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the City of Susanville performed the abatement and removal of nuisance conditions at the property at 67 South Weatherlow Street, APN 103-330-017-000, incurring costs in the amount of $6,568.62, and additional penalties in the amount of $10,000.00.
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 owners of 67 South Weatherlow Street, APN 103-330-017-000, Roland and Joanna Zimmerman, to pay the total amount of $6,568.62 in actual costs incurred for the abatement of nuisance conditions, and $10,000.00 in additional penalties, and any future interest accrued and costs incurred.
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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
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RESOLUTION NO. 23-6232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE LEVYING OF A SPECIAL ASSESSMENT AND THE RECORDATION OF THE SPECIAL ASSESSMENT LIEN AGAINST REAL PROPERTY AT 67 SOUTH
WEATHERLOW 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 the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 67 South Weatherlow Street also known by assessors’ parcel number 103-330-017-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the City of Susanville performed the abatement and removal of nuisance conditions at the property at 67 South Weatherlow Street, APN 103-330-017-000, incurring costs in the amount of $6,568.62, and additional penalties in the amount of $10,000.00; and WHEREAS, the real property located at 67 South Weatherlow Street, also known by assessors’ parcel number 103-330-017-000 was abated of nuisance conditions and the Susanville City Council approved Resolution No. 23-6231 approving the recovery of costs in the amount of $6,568.62 in addition to additional penalties in the amount of $10,000.00 NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanivlle hereby levies a special assessment in the amount of $6,568.62 and approves a lien in the amount of $10,000.00, and orders the recordation of this resolution, Resolution No. 23-6232, with the Office of the Clerk-Recorder for the County of Lassen against real property located at 67 South Weatherlow Street APN 103-330-017-000, owned by Roland and Joanna Zimmerman; and
BE IT FURTHER RESOLVED that the City Council 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 4th day of October 2023, by the following vote:
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NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
153
AGENDA ITEM NO. 7.G
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: October 4, 2023
SUBJECT: Conduct Cost Recovery Public Hearing Case # LN2023-020 and consider Resolution No. 23-6233, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23- 6234, approving the recordation of a lien against real property at 830 Main Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY:
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 addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290. 8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars.
SUSANVILLE CITY COUNCIL AGENDA ITEM
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In determining the amount of the penalty, the Planning Commission may take any or all of the following factors into consideration:
The period of time during which the public nuisance occurred.
The nature, frequency, and recurrence of the public nuisance.
The ease with which the public nuisance could have been abated.
Good faith efforts made to deter the public nuisance or ameliorate its effects.
The economic impact of the penalty upon person responsible for payment.
The impact of the public nuisance on the community.
Such other factors as just may require.
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.
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.
In the matter of 830 Main Street, the following costs have been associated with the abatement of nuisance condition. If approved without modifications a lien in the amount of $24,350.71 will be recorded against the property with a special assessment levied in the amount of $14,350.71.
ADMINISTRATIVE FINES, PENALTIES, INTEREST
Total Penalty of $10,000.00
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ABATEMENT COSTS
Total abatement Costs of $14,350.71
PROPOSED LIEN
In the total amount of $24,350.71
REQUEST FOR LEVYING OF SPECIAL ASSESSMENT
In the amount of $14,350.71
FISCAL IMPACT: If the cost report is approved by city council and special assessment is collected in full, then the recovered costs of $14,350.71 shall be returned to the General Fund to cover costs incurred by the City of Susanville for the abatement of nuisance conditions. Additionally, if the administrative civil penalties are paid in full, then $10,000.00 shall be added to the General Fund.
ACTION REQUESTED: Motion to approve Resolution No. 23-6233, approving cost report, and motion to approve the subsequent Resolution No. 23-6234, approving the recordation of a lien against real property at 830 Main Street.
ATTACHMENTS:
Cost Report LN2023-020
23-6233.pdf
23-6234.pdf
156
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
1 LN2023-020 | 830 Main Street
Property Details
Address: 830 Main Street, Susanville, California 96130
APN: 103-323-006-000
Property Owner: Lloyd Holm
Approximate Parcel Size: 10,500 sq. ft.
Approximate
Structure Size:
6,200 sq. ft.
Zoning:
General Plan:
UBD: Uptown Business District
Mixed Use
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 addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290.
8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars. In determining the amount of the penalty, the Planning Commission may take any or all of the following factors into consideration:
The period of time during which the public nuisance occurred. The nature, frequency, and recurrence of the public nuisance. The ease with which the public nuisance could have been abated. Good faith efforts made to deter the public nuisance or ameliorate its effects. The economic impact of the penalty upon person responsible for payment. The impact of the public nuisance on the community.
Such other factors as just may require.
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 daysnotice of any preliminary cost reports. If the owner does not pay, a public hearing setting 157
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
2 LN2023-020 | 830 Main Street
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.
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.
Public Nuisance or Violation 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 alternative 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.
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)(4): A condition of real property or a building, structure, improvement, or other thing located on real property that violates any provision of this code: Neglected vacant buildings as defined and regulated in Chapter 15.09 of 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. 158
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(§ 8.32.210 SMC)
3 LN2023-020 | 830 Main Street
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.
Abatement: Summary abatements were authorized by the City Administrator pursuant to Section 8.32.280 of the Susanville Municipal Code. The City Administrator authorized the summary abatement of conditions on February 24, 2021, September 30, 2021, April 6, 2022, and September 15, 2022.
CEQA: The abatement of 830 Main Street 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.
Nuisance Abatement Order Approved: May 12, 2022, by Resolution No. 22-1102 Appeal Filed: None filed.
Nuisance Abatement Order Appeal Hearing Date: N/A,
Determination of Appeal Hearing: N/A
Administrative Civil Penalties Hearing: July 25, 2023
Determination of Planning Commission: Approved assessment by Resolution No. 23-1160 Appeal Filed: No
Determination of Appeal Hearing: N/A
Itemized Costs and Penalties Related to Abatement
The following penalties are related to this case pursuant to Susanville Municipal Code Chapter
8.32. ADMINISTRATIVE FINES, PENALTIES, INTEREST
Planning Commission Resolution
No. 23-1160
$10,000.00
Administrative Civil Penalty
ABATEMENT COSTS
February 24, 2021
$2,435.85
Supplies & Materials: $319.81
Employee Costs: $1,480.20
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(§ 8.32.210 SMC)
4 LN2023-020 | 830 Main Street
FD Invoice 21-0129: $635.84
September 30, 2021
$2,070.20
Supplies & Materials: $275.00
Employee Costs: $1,617.20
FD Vehicles: $178.00
April 6, 2022
$1,489.06
Employee Costs: $1,133.06
FD Vehicles: $356.00
September 15, 2022
$4,931.30
Supplies & Materials: $50.00
Employee Costs: $1,281.30
Equipment Charges: $3,600.00
Miscellaneous Charges
Inspection Warrant
Cost Report
Lien Preparation
$3,424.30
Late Payment Penalties and Interest:
8.32.310 SMC: Any person who fails to remit payment to the city of any penalty, cost or any other charge required to be paid to the city pursuant to a nuisance abatement order under this chapter on or before the date the penalty, cost or other charge is due shall, in addition to the amount of the penalty, cost, and charge, pay interest on the amounts due at the rate of ten percent per annum, pro-rata, from the date on which the amount due first became delinquent until the date that payment is received by the city..
Owners Mailing Address
890 Chestnut Street
Susanville, California 96130
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.32.230, Code Enforcement is asking the council to:
A. Order that the proposed lien of $24,350.71 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.
This includes the Special Assessment Lien in the amount of $14,350.71 relating to abatement costs and a Lien in the amount of $10,000.00 relating to the administrative civil assessment penalty; and
B. That the amount due of $14,350.71 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.
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(§ 8.32.210 SMC)
5 LN2023-020 | 830 Main Street
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:
Kimberly and Lloyd Holm
890 Chestnut Street
Susanville, California 96130
Kimberly and Lloyd Holm (Physical Posting)
830 Main Street
Susanville, California 96130
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RESOLUTION NO. 23-6233
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 830 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 8.32 of the Susanville Municipal Code to outline the procedures for the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 830 Main Street also known by assessors’ parcel number 103-323-006-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the City of Susanville performed the abatement and removal of nuisance conditions at the property at 830 Main Street, APN 103-323-006-000, incurring costs in the amount of $14,350.71, and additional penalties in the amount of $10,000.00.
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 owners of 830 Main Street, APN 103-323-006-000, Lloyd Holm, et al., to pay the total amount of $14,350.71 in actual costs incurred for the abatement of nuisance conditions, and $10,000.00 in additional penalties, and any future interest accrued and costs incurred.
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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
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RESOLUTION NO. 23-6234
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE LEVYING OF A SPECIAL ASSESSMENT AND THE RECORDATION OF THE SPECIAL ASSESSMENT LIEN AGAINST REAL PROPERTY AT 830 MAIN 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 the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 830 Main Street also known by assessors’ parcel number 103-323-006-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the City of Susanville performed the abatement and removal of nuisance conditions at the property at 830 Main Street, APN 103-323-006-000, incurring costs in the amount of $14,350.71, and additional penalties in the amount of $10,000.00; and WHEREAS, the real property located at 830 Main Street, also known by assessors’ parcel number 103-323-006-000 was abated of nuisance conditions and the Susanville City Council approved Resolution No. 23-6233 approving the recovery of costs in the amount of $14,350.71 in addition to additional penalties in the amount of $10,000.00 NOW, THEREFORE, BE IT RESOLVED that the City Council on the city of Susanville hereby levies a special assessment in the amount of $14,350.71 and approves a lien in the amount of $10,000.00, and orders the recordation of this resolution, Resolution No. 23-6234, with the Office of the Clerk-Recorder for the County of Lassen against real property located at 830 Main Street APN 103-323-006-000, owned by Lloyd Holm, et al; 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 4th day of October 2023, by the following vote:
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NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
164
AGENDA ITEM NO. 7.H
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: October 4, 2023
SUBJECT: Conduct Cost Recovery Public Hearing Case # LN2023-021 and consider Resolution No. 23-6235, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23- 6236, approving the recordation of a lien against real property at 325 North Weatherlow Street.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY:
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.
Susanville Municipal Code Chapter 10.22 works in conjunction with Chapter 8.32 in respect to the accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property, not including highways. Chapter
10.22 SMC was established by Ordinance 06-0926 of the City of Susanville. The Susanville Planning Commission is tasked as the hearing board for abandoned vehicles. The hearing is conducted in the same manner as provided by Chapter 8.32 with a written abandoned vehicle abatement order being issued.
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In accordance with the Susanville Municipal Code, Section 10.22.170 SMC, 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 30 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, conducted in the same manner as nuisance abatements. 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.
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 total cost for the abatement of 4 abandoned vehicles is $1,072.05
Total Cost requested to be approved as a lien against the property is $1,072.05
Total Cost requested to be levied as a special assessment and collected on the Lassen County Tax Roll is $1,072.05
FISCAL IMPACT: If the cost report is approved by city council and special assessment is collected in full, then the recovered costs of $1,072.05 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. 23-6235, approving cost report, and motion to approve the subsequent Resolution No. 23-6236, approving the recordation of a lien against real property at 325 North Weatherlow Street
ATTACHMENTS:
Cost Report LN2023-021
Cost Report LN2023-021 Supplemental.pdf
23-6235.pdf
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23-6236.pdf
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CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
1 LN2023-021 | 325 North Weatherlow Street
Property Details
Address: 325 North Weatherlow Street, Susanville, California 96130
APN: 103-231-015-000
Property Owner: Linda Potter
Approximate Parcel Size: 2,800 sq. ft.
Approximate
Structure Size:
Demolished Vacant Land
Zoning:
General Plan:
R-1 Single Family Residential
Single Family
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.
Susanville Municipal Code Chapter 10.22 works in conjunction with Chapter 8.32 in respect to the accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property, not including highways. Chapter 10.22 SMC was established by Ordinance 06-0926 of the City of Susanville. The Susanville Planning Commission is tasked as the hearing board for abandoned vehicles. The hearing is conducted in the same manner as provided by Chapter 8.32 with a written abandoned vehicle abatement order being issued.
In accordance with the Susanville Municipal Code, Section 10.22.170 SMC, 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 30 daysnotice 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, conducted in the same manner as nuisance abatements. 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.
168
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
2 LN2023-021 | 325 North Weatherlow Street
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.
Public Nuisance or Violation 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 alternative 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.
The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property, not including highways, is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
Abatement:
Susanville Towing towed all four vehicles from the vacant lot on June 20, 2023.
CEQA: The abatement of 325 North Weatherlow Street 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.
Abandoned Vehicle Abatement Order Approved: May 23, 2023, by Resolution No. 23-1141 Appeal Filed: None filed.
Nuisance Abatement Order Appeal Hearing Date: N/A,
Determination of Appeal Hearing: N/A
Itemized Costs and Penalties Related to Abatement
The following costs are related to this case pursuant to Susanville Municipal Code Chapter
10.22. 169
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
3 LN2023-021 | 325 North Weatherlow Street
Late Payment Penalties and Interest:
8.32.310 SMC: Any person who fails to remit payment to the city of any penalty, cost or any other charge required to be paid to the city pursuant to a nuisance abatement order under this chapter on or before the date the penalty, cost or other charge is due shall, in addition to the amount of the penalty, cost, and charge, pay interest on the amounts due at the rate of ten percent per annum, pro-rata, from the date on which the amount due first became delinquent until the date that payment is received by the city..
Owners Mailing Address
1400 Avenue of the Oaks
Sparks, Nevada 89431
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.32.230, Code Enforcement is asking the council to:
A. Order that the proposed lien of $1,072.05 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 $1,072.05 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:
Linda Potter
1400 Avenue of the Oaks
Sparks, Nevada 89431
Linda Potter (Physical Posting)
325 North Weatherlow Street
Susanville, California 96130
Date Location Case Cost AVA Hearing CC Hearing Responsible Party 5/23/2023 325 North Weatherlow Street AV2023-003 $1,072.05 FTA / Approved N/A Linda Potter Cost Breakdown
5/23/2023 Code Enforcement Investigation 2 $47.45 $94.90 5/23/2023 Abatement Hearing 1 $47.45 $47.45
5/24/2023 AV2023-003 Service 1 $47.45 $47.45
6/20/2023 Inspection and Abatement Warrant 2 $47.45 $94.90 6/20/2023 Abatement Charges 4 $150.00 $600.00 4 vehicles towed from property 7/3/2023 Warrant Return and Report 3 $47.45 $142.35
7/3/2023 Postage 1 $45.00 $45.00 5 certified letters at $9.00 each $1,072.05
170
Date Location Case Cost AVA Hearing CC Hearing Responsible Party 5/23/2023 325 North Weatherlow Street AV2023‐003 $1,072.05 FTA / Approved N/A Linda Potter Cost Breakdown
5/23/2023 Code Enforcement Investigation 2 $47.45 $94.90 5/23/2023 Abatement Hearing 1 $47.45 $47.45
5/24/2023 AV2023‐003 Service 1 $47.45 $47.45
6/20/2023 Inspection and Abatement Warrant 2 $47.45 $94.90 6/20/2023 Abatement Charges 4 $150.00 $600.00 4 vehicles towed from property 7/3/2023 Warrant Return and Report 3 $47.45 $142.35
7/3/2023 Postage 1 $45.00 $45.00 5 certified letters at $9.00 each $1,072.05
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RESOLUTION NO. 23-6235
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
325 NORTH WEATHERLOW 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 the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the Susanville City Council adopted Ordinance 06-0926 to address nuisance conditions consisting of abandoned vehicles and vehicle parts thereof and provides for a process to remove said vehicles from private property and for the recovery of costs associated with such removal; and
WHEREAS, the real property located at 325 North Weatherlow Street also known by assessors’ parcel number 103-232-008-000 was subject to abandoned vehicle abatement order ordered by the Susanville Planning Commission; and WHEREAS, the City of Susanville performed the abatement and removal of nuisance conditions at the property at 325 North Weatherlow Street, APN 103-232-008-000, incurring costs in the amount of $1,072.05.
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 owners of 325 North Weatherlow Street, APN 103-232-008-000, Linda Potter, to pay the total amount of $1,072.05 in actual costs incurred for the abatement of nuisance conditions and any future interest accrued and costs incurred.
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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
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APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
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RESOLUTION NO. 23-6236
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE LEVYING OF A SPECIAL ASSESSMENT AND THE RECORDATION OF THE SPECIAL ASSESSMENT LIEN AGAINST REAL PROPERTY AT 325 NORTH
WEATHERLOW 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 the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the Susanville City Council adopted Ordinance 06-0926 to address nuisance conditions consisting of abandoned vehicles and vehicle parts thereof and provides for a process to remove said vehicles from private property and for the recovery of costs associated with such removal; and
WHEREAS, the real property located at 325 North Weatherlow Street also known by assessors’ parcel number 103-232-008-000 was subject to an abandoned vehicle nuisance abatement order ordered by the Susanville Planning Commission; and WHEREAS, the City of Susanville performed the abatement and removal of nuisance conditions at the property at 325 North Weatherlow Street, APN 103-232-008-000, incurring costs in the amount of $1,072.05; and
WHEREAS, the real property located at 325 North Weatherlow Street, also known by assessors’ parcel number 103-232-008-000 was abated of nuisance conditions and the Susanville City Council approved Resolution No. 23-6235 approving the recovery of costs in the amount of $1,072.05.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby levies a special assessment in the amount of $1,072.05 and orders the recordation of this resolution, Resolution No. 23-6236, with the Office of the Clerk-Recorder for the County of Lassen against real property located at 325 North Weatherlow Street APN 103-232-008-000, owned by Linda Potter; 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
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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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
175
AGENDA ITEM NO. 7.I
Public Hearing
Submitted By: Cody Loflin, Building & Planning Division Action Date: October 4, 2023
SUBJECT: Conduct Cost Recovery Public Hearing Case # LN2023-022 and consider Resolution No. 23-6237, approving a cost report of unpaid penalties and, if approved, consider subsequent Resolution No. 23- 6238, approving the recordation of a lien against real property at 105 Laverne Avenue.
PRESENTED BY: Cody Loflin, Code Enforcement Officer
SUMMARY:
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.
Susanville Municipal Code Chapter 10.22 works in conjunction with Chapter 8.32 in respect to the accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property, not including highways. Chapter
10.22 SMC was established by Ordinance 06-0926 of the City of Susanville. The Susanville Planning Commission is tasked as the hearing board for abandoned vehicles. The hearing is conducted in the same manner as provided by Chapter 8.32 with a written abandoned vehicle abatement order being issued.
SUSANVILLE CITY COUNCIL AGENDA ITEM
176
In accordance with the Susanville Municipal Code, Section 10.22.170 SMC, 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 30 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, conducted in the same manner as nuisance abatements. 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.
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 total cost for the abatement of 4 abandoned vehicles is $476.43
Total Cost requested to be approved as a lien against the property is $476.43
Total Cost requested to be levied as a special assessment and collected on the Lassen County Tax Roll is $476.43
FISCAL IMPACT: If the cost report is approved by city council and special assessment is collected in full, then the recovered costs of $476.43 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. 23-6237, approving cost report, and motion to approve the subsequent Resolution No. 23-6238, approving the recordation of a lien against real property at 105 Laverne Avenue ATTACHMENTS:
Cost Report LN2023-022
Cost Report LN2023-022 Supplemental.pdf
23-6237.pdf
23-6238.pdf
177
178
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
1 LN2023-022 | 105 Laverne Avenue
Property Details
Address: 105 Laverne Avenue, Susanville, California 96130 APN: 107-154-022-000
Property Owner: The Estate of Glenn Wasson
Approximate Parcel Size: 0.70 acres
Approximate
Structure Size:
Vacant Land
Zoning:
General Plan:
C-O Commercial Office Zoning District
Commercial Office
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 costs, 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.
Susanville Municipal Code Chapter 10.22 works in conjunction with Chapter 8.32 in respect to the accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property, not including highways. Chapter 10.22 SMC was established by Ordinance 06-0926 of the City of Susanville. The Susanville Planning Commission is tasked as the hearing board for abandoned vehicles. The hearing is conducted in the same manner as provided by Chapter 8.32 with a written abandoned vehicle abatement order being issued.
In accordance with the Susanville Municipal Code, Section 10.22.170 SMC, 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 30 daysnotice 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, conducted in the same manner as nuisance abatements. 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.
179
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
2 LN2023-022 | 105 Laverne Avenue
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.
Public Nuisance or Violation 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 alternative 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.
The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property, not including highways, is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
Abatement:
Susanville Towing towed all four vehicles from the vacant lot on June 20, 2023.
CEQA: The abatement of 105 Laverne Avenue 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.
Abandoned Vehicle Abatement Order Approved: May 23, 2023, by Resolution No. 23-1142 Appeal Filed: None filed.
Nuisance Abatement Order Appeal Hearing Date: N/A,
Determination of Appeal Hearing: N/A
Itemized Costs and Penalties Related to Abatement
The following costs are related to this case pursuant to Susanville Municipal Code Chapter
10.22. 180
CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
3 LN2023-022 | 105 Laverne Avenue
Late Payment Penalties and Interest:
8.32.310 SMC: Any person who fails to remit payment to the city of any penalty, cost or any other charge required to be paid to the city pursuant to a nuisance abatement order under this chapter on or before the date the penalty, cost or other charge is due shall, in addition to the amount of the penalty, cost, and charge, pay interest on the amounts due at the rate of ten percent per annum, pro-rata, from the date on which the amount due first became delinquent until the date that payment is received by the city..
Owners Mailing Address
PO Box 2124
Susanville, California 96130
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.32.230, Code Enforcement is asking the council to:
A. Order that the proposed lien of $476.43 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 $476.43 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:
The Estate of Glenn Wasson
PO Box 2124
Susanville, California 96130
The Estate of Glenn Wasson (Physical Posting)
105 Laverne Avenue
Susanville, California 96130
181
Date Location Case Cost AVA Hearing CC Hearing
5/23/2023 105 Laverne Avenue AV2023‐004 $476.43 FTA / Approved N/A Cost Breakdown
5/23/2023 Code Enforcement Investigation 1 $47.45 $47.45 5/23/2023 Abatement Hearing 1 $47.45 $47.45
5/24/2023 AV2023‐004 Service 1 $47.45 $47.45
6/20/2023 Inspection and Abatement Warrant 2 $47.45 $94.90 6/20/2023 Abatement Charges 1 $150.00 $150.00 1 Vehicle towed from property 7/3/2023 Warrant Return and Report 1.5 $47.45 $71.18
7/3/2023 Postage 1 $18.00 $18.00 2 certified letters at $9.00 each $476.43
Responsible Party
Estate of Glenn Wasson
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RESOLUTION NO. 23-6237
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 105 LAVERNE AVENUE
WHEREAS, California Government Code Sections 36901, 38771, and 38773.5(a) authorizes the City of Susanville to enact ordinances declaring what constitutes a nuisance, the procedures for abating nuisance conditions, providing for the recovery of costs and attorney fees to abate the nuisance, and providing for the collection of civil penalties; and WHEREAS, the Susanville City Council adopted Ordinance 17-1011, that declares what constitutes a nuisance, and adopted Chapter 8.32 of the Susanville Municipal Code to outline the procedures for the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the Susanville City Council adopted Ordinance 06-0926 to address nuisance conditions consisting of abandoned vehicles and vehicle parts thereof and provides for a process to remove said vehicles from private property and for the recovery of costs associated with such removal; and
WHEREAS, the real property located at 105 Laverne Avenue also known by assessors’ parcel number 107-154-022-000 was subject to abandoned vehicle abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the City of Susanville performed the abatement and removal of nuisance conditions at the property at 105 Laverne Avenue, APN 107-154-022-000, incurring costs in the amount of $476.43.
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 owners of 105 Laverne Avenue, APN 107-154-022-000, The Estate of Glenn Wasson, to pay the total amount of $476.43 in actual costs incurred for the abatement of nuisance conditions and any future interest accrued and costs incurred.
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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
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RESOLUTION NO. 23-6238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING THE LEVYING OF A SPECIAL ASSESSMENT AND THE RECORDATION OF THE SPECIAL ASSESSMENT LIEN AGAINST REAL PROPERTY AT 105 LAVERNE
AVENUE 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 the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the Susanville City Council adopted Ordinance 06-0926 to address nuisance conditions consisting of abandoned vehicles and vehicle parts thereof and provides for a process to remove said vehicles from private property and for the recovery of costs associated with such removal; and
WHEREAS, the real property located at 105 Laverne Avenue also known by assessors’ parcel number 107-154-022-000 was subject to an abandoned vehicle nuisance abatement order ordered by the Susanville Planning Commission; and WHEREAS, the City of Susanville performed the abatement and removal of nuisance conditions at the property at 105 Laverne Avenue, APN 107-154-022-000, incurring costs in the amount of $476.43; and
WHEREAS, the real property located at 105 Laverne Avenue, also known by assessors’ parcel number 107-154-022-000 was abated of nuisance conditions and the Susanville City Council approved Resolution No. 23-6237 approving the recovery of costs in the amount of $476.43.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby levies a special assessment in the amount of $476.43 and orders the recordation of this resolution, Resolution No. 23-6238, with the Office of the Clerk-Recorder for the County of Lassen against real property located at 105 Laverne Avenue APN 107-154-022-000, owned by The Estate of Glenn Wasson; and
BE IT FURTHER RESOLVED that the City Council 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
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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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
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AGENDA ITEM NO. 9.A
Action Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: October 4, 2023
SUBJECT: Consider Resolution No. 23-6216, delegating authority to the City Administrator to make determinations regarding claims
PRESENTED BY: Dan Newton, City Administrator
SUMMARY:
The city periodically receives claims related to, although not limited to, liability and worker's compensation cases. The City Council has historically made determinations related to the acceptance or rejection of all claims. However, pursuant to Government Code Section §935.4, the Council may authorize an employee(s) of the city by resolution, to perform duties related to the acceptance and rejection of all claims.
To expedite the process, it is recommended that the City Administrator be authorized to make determinations related to the acceptance and rejection of claims on behalf of the City Council for the city of Susanville.
FISCAL IMPACT: None.
ACTION REQUESTED: Motion to approve Resolution No. 23-6216, delegating authority to the City Administrator to make determinations regarding claims
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
23-6216.pdf
Gov. Code 935.4.pdf
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RESOLUTION NO. 23-6216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
HEREBY DELEGATING AUTHORITY TO THE CITY ADMINISTRATOR
TO MAKE DETERMINATIONS REGARDING CLAIMS
WHEREAS, the City of Susanville receives claims related to, although not limited to, liability and worker’s compensation cases; and
WHEREAS, pursuant to Government Code Section §935.4, the City Council can authorize an employee(s) to make determinations regarding claims up to $50,000; and WHEREAS, the City Council authorizes the City Administrator to review all claims for sufficiency and to reject any and all claims; and
WHEREAS, the City Council delegates to the City Administrator the authority to allow, compromise, or settle claims, including worker’s compensation claims, for an amount up to $25,000; and
WHEREAS, the City Council shall have the sole authority to allow, compromise, or settle claims for an amount in excess of $25,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Susanville hereby delegates authority to the City Administrator for claim related determinations up to $25,000.
APPROVED:__________________________
Quincy McCourt, Mayor
ATTEST:__________________________
Heidi Whitlock, City Clerk
The foregoing Resolution No. 23-6216 was adopted at a regular meeting of the City Council of the City of Susanville, held on the 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:__________________________
Margaret Long, City Attorney
187
9/13/23, 9:08 AM Law section
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LEGISLATIVE INFORMATIO
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Code: I Select Code v I Section: 1 or 2 or 1001 I Search I (D .!JR..'.'.'. < < Previous Next>> cross-reference char:1tered bills PDF I Add To My Favorites Search Phrase:
GOVERNMENT CODE-GOV
TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division
3.6 added by Stats. 1963, Ch. 1681.)
I Highlight I
PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Pait 3 added by Stats. 1963, Ch. 1715.) CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715.) 935.4. A charter provision, or a local public entity by ordinance or resolution, may authorize an employee of the local public entity to perform those functions of the governing body of the public entity under this part that are prescribed by the local public entity, but only a charter provision may authorize that employee to allow, compromise, or settle a claim against the local public entity if the amount to be paid pursuant to the allowance, compromise or settlement exceeds fifty thousand dollars ($50,000). A charter provision, ordinance, or resolution may provide that, upon the written order of that employee, the auditor or other fiscal officer of the local public entity shall cause a warrant to be issued upon the treasury of the local public entity in the amount for which a claim has been allowed, compromised, or settled.
(Amended by Stats. 1989, Ch. 159, Sec. 1.)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=935.4 1/1 188 AGENDA ITEM NO. 9.B
Action Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: October 4, 2023
SUBJECT: 2024 Municipal Election
Resolution No. 23-6239, Calling and giving notice of the holding of a general municipal election to be held on Tuesday, March 5, 2024, for the election of certain officers as required by the provisions of the laws of the state of California relating to general law cities; and Resolution No. 23-6240, Requesting the Board of Supervisors of the County of Lassen to consolidate a general municipal; election to be held on Tuesday, March 5, 2024, with the statewide primary election to be held pursuant to §10403 of the Elections Code; and Resolution No. 23-6241, Adopting regulations for candidates for elective office pertaining to Candidates' Statements submitted to the voters at an election to be held on Tuesday, March 5, 2024.
PRESENTED BY: Heidi Whitlock, City Clerk
SUMMARY: The City has a general municipal election scheduled for Tuesday, March 5, 2024, in which three Councilmembers will be elected to a four-year term of office ending June 2028. The process requires a resolution to call the election, a resolution to request consolidation of the election with Lassen County and a resolution adopting regulations for candidate statements on the ballot. The filing period for nomination papers and candidate statements for candidates is November 13, 2023 through December 8, 2023. In the event one of the incumbents chooses to not run for office, the Elections Code provides for a fiveday extension of the nomination period extending the date through December 13, 2023.
FISCAL IMPACT: Estimated total cost of the election is unknown at this time.
ACTION REQUESTED: Motion to approve Resolution No.'s 23-6239, 23-6240 and 23-6241, calling of the election, requesting the consolidation of the election with the County of Lassen, and adopting the regulations for candidates pertaining to Candidate Statements.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
23-6239 Calling the 2024 Election.pdf
189
23-6240 Consolidating with the BOS 2024.docx.pdf
23-6241 Candidate statements 2024.pdf
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RESOLUTION NO. 23-6239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE, CALIFORNIA
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE ELECTION OF
CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE
OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California a general municipal election shall be held on Tuesday, March 5, 2024, for the election of municipal officers; and
NOW, THEREFORE, the City Council of the City of Susanville, California, does resolve, declare, determine and order as follows:
Section 1.That pursuant to the requirements of the laws of the State of California relating to General Law Cities there is called and ordered to be held in the City of Susanville, California on Tuesday, March 5, 2024, a General Municipal election for the purpose of electing three members of the City Council for the full term of four years; and Section 2.That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously until eight o’clock p.m. of the same day when the polls shall be closed, except as provided in §14401 of the Elections Code of the State of California.
Section 3.That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
Section 4.That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
Section 5.That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
APPROVED: ______________________
Quincy McCourt, Mayor
ATTEST: _______________________
Heidi Whitlock, City Clerk
The foregoing Resolution was adopted at a regular adjourned meeting of the City Council of the City of Susanville held on the 4th day of October, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ____________________________
Heid Whitlock, City Clerk
APPROVED AS TO FORM: ____________________________
Margaret Long, City Attorney
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RESOLUTION NO. 23-6240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LASSEN TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024
WHEREAS, the City Council of the City of Susanville called a general municipal election to be held on March 5, 2024, for the purpose of the election of three Members of the City Council for the term of office in which a vacancy was created and which ends June 2024; and
WHEREAS, it is desirable that the general municipal election be consolidated with the statewide primary election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Lassen canvass the returns of the general municipal election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville, California does declare, determine and order as follows:
Section 1. That pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Lassen is hereby requested to consent and agree to the consolidation of a general municipal election with the statewide primary election on Tuesday, March 5, 2024, for the purpose of the election of three members of the City Council for the term of office in which a vacancy was created and which ends June 2024; Section 2. That the county election department is authorized to canvass the returns of the general municipal election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.
Section 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.
Section 4. That the City of Susanville recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any associated costs.
Section 5. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the county election department of the County of Lassen.
Section 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
APPROVED: ________________________
Quincy McCourt, Mayor
ATTEST: ________________________
Heidi Whitlock, City Clerk
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The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Susanville held on the 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: ___________________________________ Margaret Long, City Attorney
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RESOLUTION NO. 23-6241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE’S STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024
WHERE §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUSANVILLE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: GENERAL PROVISIONS. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Susanville on March 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations.
The statement shall be filed in typewritten form in the office of the City Clerk at a time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
Section 2: PAYMENT. The candidate shall be required to pay for the cost of printing the candidate’s statement in English in the main voter pamphlet.
The County Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just and approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. The cost of printing the candidate’s statement for the 2024 general municipal election is approximately $500 payable to the County Clerk.
Section 3: MISCELLANEOUS.
A The Clerk shall allow bold type, underlining, capitalization, indentions, bullets, leading hyphens to the same extent and manner as allowed in previous City elections.
B The Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
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Section 4: ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.
Section 5: That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.
Section 6: That all previous resolutions establishing council policy on payment for candidates’ statements are repealed.
Section 7: That this resolution shall apply only to the election to be held on March 5, 2024, and shall then be repealed.
Section 8: That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
APPROVED: _________________________
Quincy McCourt, Mayor
ATTEST:__________________________
Heidi Whitlock, City Clerk
The foregoing Resolution was adopted at a regular meeting of the Susanville City Council held on the 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_______________________________
Margaret Long, City Attorney
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AGENDA ITEM NO. 9.C
Action Item
Submitted By: Victoria Estrada, Police
Action Date: October 4, 2023
SUBJECT: Consider Resolution No. 23-6243, authorizing the Chief of Police to execute standard agreement with the State of California Office of Traffic Safety and accepting $50,000 in grant funding from the Selective Traffic Enforcement Program (STEP)
PRESENTED BY: Kevin "Jake" Stafford, Sergeant
SUMMARY: The Susanville Police Department recently applied for the State of California Office of Traffic Safety Selective Traffic Enforcement Program (STEP) and received grant award notification in the amount of $50,000. These grant funds will be utilized for increasing best practice strategies to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The Susanville Police Department will extend it efforts through this grant to utilize a three prong approach in training, enforcement operations and public outreach. The First approach is to adequately train officers by attending Standard Field Sobriety Test classes, Advanced Roadside Impaired Driver Enforcement classes, Drug Recognition Expert classes and will become instructors in Standard Field Sobriety Testing. The second approach will utilize traffic enforcement operations. The third approach is through community outreach and increasing social media presence and increasing Traffic Safety Presentations to the public.
FISCAL IMPACT: $50,000 in grant funding
ACTION REQUESTED: Motion to approve Resolution No. 23-6243, authorizing the Chief of Police to execute standard agreement with the State of California Office of Traffic Safety and accepting $50,000 in grant funding from the Selective Traffic Enforcement Program (STEP)
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
STEP Grant Agreement
23-6243.pdf
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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT24204
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Susanville From:
To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Susanville Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $50,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Kevin Stafford
Sergeant
[email protected]
(530) 257-5603
66 North Lassen Street
Susanville, CA 96130
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Ryan Cochran
Chief of Police
[email protected]
(530) 257-5603
1801 Main Street
Susanville, CA 96130
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Chandra Jabbs
Finance Manager
[email protected]
(530) 257-1000
66 N. Lassen Street
Susanville, CA 96130
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $50,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$50,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $50,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
E9KLWNV272X5
1801 Main Street
Susanville
96130-4518
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT24204
1. PROBLEM STATEMENT
Susanville is the county seat of Lassen County. Susanville, a former logging and mining town, is the site of one state prison High Desert which is a maximum security prison. With a population of approximately 17,000, the population density was 2,294.8 inhabitants per square mile. There were 3,882 housing units at an average density of 657.9 per square mile. The racial makeup of the city was 76.0% White, 12.5% African American, 3.2% Native American, 1.1% Asian, 0.9% Pacific Islander, 3.5 % from other races, and 2.8% from two or more races. Hispanic or Latino of any race were 15.6% of the population. The age distribution was 2,559 people (14.3%) under the age of 18, 2,547 (14.2%) aged 18 to 24, 7,633 (42.5%) aged 25 to 44, 4,024 people (22.4%) aged 45 to 64, and 1,184 (6.6%) people who were 65 or older.
In regards to speed enforcement for our agency this year (2022), we have issued 117 speeding citations. In 2021 we issued 139 speeding citations and in 2020 we issued 60 speeding citations.
For pedestrian safety in 2022 we issued 10 citations for failure to yield to a pedestrian. In 2021 we issued 0 citations and 2 citations in 2020.
For distracted driving in 2022 we issued 11 citations. In 2021 we issued 12 citations and in 2020 we issued 12 citations.
Our department utilizes overtime to conduct these traffic enforcement operations and without overtime operations it is extremely difficult for us to be proactively enforcing. We also only have two roads (State Route 36 and State Route 139) where we can utilize radar enforcement. We are actively working with our engineering department to conduct speed surveys and have more roads in our city radar certified.
In the past 3 years the Susanville Police Department has had 4 pedestrian fatalities traffic crash on state highways. With our current OTS grant we have made efforts for pedestrian safety operations and on August 31st we issued 15 traffic citations for pedestrian related violations. We strive to keep our main state highways a safe place for pedestrians and drivers.
The Susanville Police Department is looking to extend its efforts into proactive traffic enforcement to reduce the number of people injured or killed in our city. The Susanville Police Department plans to utilize a three prong approach that will utilize training, enforcement operations and public outreach. The first approach is to adequately train officers by having them attend Standard Field Sobriety Test classes, Advanced Roadside Impaired Driver Enforcement classes and Drug Recognition Expert classes. Standard Field Sobriety, Advanced Roadside Impaired Driver and Drug Recognition Expert classes would ensure that our officers would conduct thorough driving under the influence investigations. The second approach would utilize traffic enforcement operations. These operations would include DUI Saturation Patrols, Distracted Driver Operations, Click it or Ticket Operations, and Pedestrian and Bicycle Safety Enforcement Operations. These traffic enforcement operations allow our staff to utilize best practice approaches for days and times of when to conduct these operations for the most effective outcomes. The third approach is through community outreach. The Susanville Police Department would utilize social media and community presentations to keep the public informed of our efforts to reduce the number of people injured in our city.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes. 199
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10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 6 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2
7. Send law enforcement personnel to the DRE Recertification training. 1
8. Send law enforcement personnel to SFST Instructor training. 2
9. Conduct DUI Saturation Patrol operation(s). 12
10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
3 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
3 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 1 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 14. Participate in highly visible collaborative DUI Enforcement operations. 1
15. Participate in highly visible collaborative Traffic Enforcement operations. 1
3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
All training needed to implement the program should be conducted in the first quarter. All grant related purchases needed to implement the program should be made in the first quarter. In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. 200
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Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid 201
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media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT24204
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$30,000.00
402PT-24 20.600 State and Community Highway
Safety
$20,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI Saturation Patrols 164AL-24 $1,980.00 12 $23,760.00 Collaborative DUI Enforcement 164AL-24 $2,131.00 1 $2,131.00 Benefits 164OT @ 15.95% 164AL-24 $25,760.00 1 $4,109.00 Traffic Enforcement 402PT-24 $1,980.00 3 $5,940.00
Distracted Driving 402PT-24 $880.00 3 $2,640.00
Pedestrian and Bicycle Enforcement 402PT-24 $1,320.00 1 $1,320.00 Collaborative Traffic Enforcement 402PT-24 $1,320.00 1 $1,320.00 Benefits 402OT @ 15.95% 402PT-24 $13,200.00 1 $2,105.00 Category Sub-Total $43,325.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $4,175.00 1 $4,175.00
$0.00
Category Sub-Total $4,175.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
Radar Device 402PT-24 $2,500.00 1 $2,500.00
Category Sub-Total $2,500.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $50,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT24204
BUDGET NARRATIVE
PERSONNEL COSTS
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits 164OT @ 15.95% - Benefits 164OT @ 15.95%
Worker’s Comp 13.5%
Medicare 1.45%
State Unemployment Taxes 1.0%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Benefits 402OT @ 15.95% - Benefits 402OT @ 15.95%
Worker’s Comp 13.5%
Medicare 1.45%
State Unemployment Taxes 1.0%
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the California Traffic Safety Summit (November 7-8, 2023, in Orange County) and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
Radar Device - To measure the speed of motor vehicles. This device will be used for speed enforcement.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 204
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT24204
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 206
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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 207
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 208
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—
PRIMARY TIER COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 209
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—
LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 211
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RESOLUTION NO. 23-6243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
AUTHORIZING THE CHIEF OF POLICE TO EXECUTE STANRDARD AGREEMENT WITH STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY AND ACCEPTING $50,000
IN GRANT FUNDING THROUGH THE SELECTIVE ENFORCEMENT PROGRAM (STEP)
AND FURTHER AUTHORIZES THE FINANCE DIRECTOR TO
MODIFY THE BUDGET AS NECESSARY
WHEREAS, the Susanville Police Department is responsible for providing public safety within the City of Susanville; and
WHEREAS, the Susanville Police Department has identified and applied for grant funding to increase enforcement and prevention of traffic safety through the Selective Traffic Enforcement Program (STEP) grant; and
WHEREAS, the Susanville Police Department has been awarded grant funding through the STEP program in the amount of $50,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby accepts the STEP Grant Program Award of $50,000, authorizes the Chief of Police to execute standard agreement with the Office of Traffic Safety and authorizes the Finance Director to modify the budget as necessary to accommodate the expenditure of grant funds.
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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
212
AGENDA ITEM NO. 9.D
Discussion Item
Submitted By: Erik Edholm, Public Works
Action Date: October 4, 2023
SUBJECT: Discussion regarding proposed landscaping funding source for Susanville South East Gateway Project
PRESENTED BY: Erik Edholm, Assistant Director - Engineering SUMMARY: The city of Susanville has been pursuing the enhancement of the southern entrance into the city along State Route 36 by providing and improving pedestrian access and safety. This includes improving aesthetics and reducing vehicle conflicts in this busy commercial area.
These improvements were identified as goals of the Susanville Gateway Project and presented to Council on August 15, 2018. The project is located on Main Street/State Route 36 and will include the installation of curb, gutter, sidewalk, lighting, benches, and possibly landscaping. This project is to begin construction in the Spring of 2024. The project funding is provided through the State Transportation Improvement Program (STIP). Landscaping is not a reimbursable expense under the STIP guidelines. The original scope of the project included the installation of landscaping along both sides of Main Street/State Route 36, however without a funding source the landscaping has been removed.
Staff has asked REY Engineering to provide and estimated cost of reducing the landscaping scope to only include the needed infrastructure for the installation of trees as well as any infrastructure needed to add to the irrigation system in the future. REY Engineering has provided updated estimates of the proposed reduction in landscaping as well as an updated estimate to install all of the landscaping as provided on the plans.
FISCAL IMPACT: Approximately $178,000 - $293,000.
ACTION REQUESTED: Direction to staff if either of the proposed options for landscaping is desired and if so, how does council want to fund it.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
SE Gateway Landscaping Plans.pdf
SE Gateway Landscaping Estimates.pdf
213
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LAST REVISION March 15, 2023
16:41:17 xxx 6.30.24 3.15.23 CRLA 3757 GR EGORY P . HA US E R #### ####
10-16-2020
P
214
4162.81 728
4167.96 779 4168.10 779
4167.90 779
X X X X X X X X X
X X
4169.57 WV
4169.84 WV
4169.64 WTR MTR
4169.30 IRRIG CONTROL BOX
4170.34 WTR VLV 2" ABOVE GROUND
4170.35 IRRIG CONTROL BOX
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W W
W W
W W W
W W
W W
W
W
W
W W
W
W
W
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W
W
W
W
W
W
W W W W W W W W W W W W W W W W W W W W
W
W
W
W
W
W
W
W
W
W
W W W W W W W
W W
W
354
355
356
357 358 359
354+00
355+00
356+00
357+00 358+00
359+00
50 50
50 50 50
50 P P xxxxx
LAST REVISION March 15, 2023
16:41:10 xxx 6.30.24 3.15.23 CRLA 3757 GR EGORY P . HA US E R #### ####
10-16-2020
215
4156.52 768
4156.04
779 4155.96 779
4153.31 CULVERT
4153.87 728
4154.60
7794155.41 768
4157.52 768
*
* * *
X
X
X
X
X
X
X X X X X X X X X X X X X X X X X X X X X X
X
X
X
X
X
X
X
X
X X
X X X X X X X X X X X X X
W
W
W
W
W
W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W
W
W
360
361
362
363
364
365
360+00
361+00
362+00
363+00
364+00
365+00
50 50
50 50
50 50
P P
P P
P P
P P xxxxx
LAST REVISION March 15, 2023
16:41:11 xxx 6.30.24 3.15.23 CRLA 3757 GR EGORY P . HA US E R #### ####
10-16-2020
216
4153.27
728
728 4154.62
4153.84 7684153.11 728
4153.93 528
4153.35
728
4153.95 528
4150.14 CULVERT
4150.94 CULVERT
4154.43 779
4154.15 680 4154.19 766
4154.21 779
4154.23 779
4154.23 728
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W
W
366
367
368
369
370
366+00
367+00
368+00
369+00
370+00
50 50
50 50
50 50
P
P P
P P
P P
P P xxxxx
LAST REVISION March 15, 2023
16:41:13 xxx 6.30.24 3.15.23 CRLA 3757 GR EGORY P . HA US E R #### ####
10-16-2020
217
X X X X X X X X X X X X X X X X X X X X X X X X
371
372
373
374
371+00
372+00
373+00
374+00
50 50
50 50
P
P
P
P
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 375
376
377
378
375+00
376+00
377+00
378+00
50 50
50 xxxxx
LAST REVISION March 15, 2023
16:41:14 xxx 6.30.24 3.15.23 CRLA 3757 GR EGORY P . HA US E R #### ####
10-16-2020
218
xxxxx
LAST REVISION March 15, 2023
16:46:59 xxx 6.30.24 3.15.23 CRLA 3757 GR EGORY P . HA US E R #### ####
10-16-2020
219
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LAST REVISION March 15, 2023
16:47:12 xxx 6.30.24 3.15.23 CRLA 3757 GR EGORY P . HA US E R #### ####
10-16-2020
220
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LAST REVISION March 15, 2023
16:41:08 xxx 6.30.24 3.15.23 CRLA 3757 GR EGORY P . HA US E R #### ####
10-16-2020
221
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LAST REVISION March 15, 2023
16:41:08 xxx 6.30.24 3.15.23 CRLA 3757 GR EGORY P . HA US E R #### ####
10-16-2020
222
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LAST REVISION March 15, 2023
16:41:08 xxx 6.30.24 3.15.23 CRLA 3757 GR EGORY P . HA US E R #### ####
10-16-2020
223
xxxxx
LAST REVISION March 15, 2023
16:41:38 xxx 6.30.24 3.15.23 CRLA 3757 GR EGORY P . HA US E R #### ####
10-16-2020
224
4162.81 728
4167.96 779 4168.10 779
4167.90 779
X X X X X X X X X
X X
4169.57 WV
4169.84 WV
4169.64 WTR MTR
4169.30 IRRIG CONTROL BOX
4170.34 WTR VLV 2" ABOVE GROUND
4170.35 IRRIG CONTROL BOX
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
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W
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W
354
355
356
357 358 359
354+00
355+00
356+00
357+00 358+00
359+00
50 50
50 50 50
50 xxxxx
LAST REVISION March 15, 2023
16:41:40 xxx 6.30.24 3.15.23 CRLA 3757 GR EGORY P . HA US E R #### ####
10-16-2020
225
4156.52 768
4156.04
779 4155.96 779
4153.31 CULVERT
4153.87 728
4154.60
7794155.41 768
4157.52 768
*
* * *
X
X
X
X
X
X
X X X X X X X X X X X X X X X X X X X X X X
X
X
X
X
X
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X X X X X X X X X X X X X
W
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W
W
360
361
362
363
364
365
360+00
361+00
362+00
363+00
364+00
365+00
50 50
50 50
50 50 xxxxx
LAST REVISION March 15, 2023
16:41:41 xxx 6.30.24 3.15.23 CRLA 3757 GR EGORY P . HA US E R #### ####
10-16-2020
226
4153.27
728
728 4154.62
4153.84 768
4153.11 728
4153.93 528
4153.35
728
4153.95 528
4150.14 CULVERT
4150.94 CULVERT
4154.43 779
4154.15 680 4154.19 766
4154.21 779
4154.23 779
W
W
W
W
W
W
W
W
W
W
W
W
W
W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 366
367
368
369
370
366+00
367+00
368+00
369+00
370+00
50 50
50 50
50 50 xxxxx
LAST REVISION March 15, 2023
16:41:42 xxx 6.30.24 3.15.23 CRLA 3757 GR EGORY P . HA US E R #### ####
10-16-2020
227
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
371
372
373
371+00
372+00
373+00
50 50
xx
xx
x
LAST REVISION March 15, 2023
16:41:43
x
x
x 6.30.24 3.15.23
CRLA 3757
GR EGORY
P . HA US E R
#### ####
10-16-2020
228
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LAST REVISION March 15, 2023
16:41:32 xxx 6.30.24 3.15.23 CRLA 3757 GR E GORY P . HA US E R #### ####
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229
NO. 1 STATE FUND
ITEM ITEM UNITNUM CODE (ALT)
1 38747 EA2 20365 EA3 202006 CY4 202037 LB5 204035 EA6 204036 EA7 204038 EA8 204099 LS9 205035 CY 10 205062 ROOT BARRIER LF11 206560 LS12 206562 EA13 206921 EA14 208423 EA15 208442 EA16 208445 EA17 208448 EA18 208575 EA19 208594 LF20 208595 LF21 208596 LF22 208598 LF23 208649 EA24 731502 CY
0.00 SOIL AMENDMENT 7 163.00 1,141.00
9 550.00
4,000.00 8,000.00
6 1,000.00 6,000.00
FLOW SENSOR 2,000.00
400.00
1,000.00
RISER SPRINKLER ASSEMBLY 0 30.001" PLASTIC PIPE (SCH 40)(SUPPLY LINE)1 1/4" PLASTIC PIPE (SCH 40)(SUPPLY LINE)2" GATE VALVE 2 65.00
1" REMOTE CONTROL VALVE
175.00
PLANT (GROUP A)PLANT (GROUP B) 35.00
LUMP SUM
00 20.00
100
LUMP SUM 7,500.00
4,400.00
PLANT (GROUP U) 34WOOD MULCHCONTROL AND NEUTRAL CONDUCTORSSOLAR POWERED IRRIGATION CONTROLLER1 " BACKFLOW PREVENTER ASSEMBLY 2 2,000.00
2011 400.00
12.00 TREE WELL SPRINKLER ASSEMBLY 68
7,500.00
15,000.00
PLANT ESTABLISHMENT WORK (MINIMUM BID)
2 QUICK COUPLING VALVE
16.00 0
MINOR CONCRETE (MISCELLANEOUSCONSTRUCTION)
0 2,300.00 0.00
0.00 1,200.00
30,000.00
5,950.003,200.002,320.001,300.00
17 8.00
FEDERAL AID NUMBER?
ORGANIC FERTILIZERAUTOMATIC FLUSH VALVE 11FLUSH VALVE
50.00 STANDARD CONTRACT ITEMS
EST 415 ?PROJECT 0212000097
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
DATE 9/11/2023 PAGE 1
ROUTE 36 FROM RIVERSIDE DRIVE
ITEM DESCRIPTION QUANTITY PRICE
DIST-CO-RTE-PM02-LAS-36 26.2-26.5 TO JOHNSTONVILLE ROAD PEDESTRIAN AND LANDSCAPE IMPROVEMENTSTree Planting & Tree Irrigation ONLY
SOURCE OF FUNDS
?
(Boxed = Changed)
136.00
PRELIMINARY ESTIMATE OF COST
EXPENDITURE AUTHORIZATION4F360 IN LASSEN COUNTY IN SUSANVILLE AMOUNT
2" PLASTIC PIPE (SCH 40)(SUPPLY LINE)3/4" PLASTIC PIPE (SCH 40)(SUPPLY LINE) 250.00 2,250.00100.00 6,800.00
2,320 16.00
8 2,740 20.00 54,800.00
0.00 18.00 0.00
37,120.00
145
1,750.00
230
25 994425 EA
26 994901 EA
27 994920 EA
28 995200 LS
ITEM SUBTOTAL
BICYCLE PARKING RACK 0 500.00IRRIGATION WATER SERVICE CHARGES LUMP SUM 2,000.00 2,500.00 0.00
TRASH RECEPTACLE 0 1,000.00 0.00
2,000.00
BENCH 0
0.00 178,417.00
231
NO. 1 STATE FUND
ITEM ITEM UNITNUM CODE (ALT)
1 38747 EA2 20365 EA3 202006 CY4 202037 LB5 204035 EA6 204036 EA7 204038 EA8 204099 LS9 205035 CY 10 205062 ROOT BARRIER LF11 206560 LS12 206562 EA13 206921 EA14 208423 EA15 208442 EA16 208445 EA17 208448 EA18 208575 EA19 208594 LF20 208595 LF21 208596 LF22 208598 LF23 208649 EA24 731502 CY
8 2,740 20.00 54,800.00
0.00 18.00 0.00
37,120.00
145
1,750.00
2" PLASTIC PIPE (SCH 40)(SUPPLY LINE)3/4" PLASTIC PIPE (SCH 40)(SUPPLY LINE) 250.00 2,250.00100.00 6,800.00
2,320 16.00
SOURCE OF FUNDS
?
(Boxed = Changed)
136.00
PRELIMINARY ESTIMATE OF COST
EXPENDITURE AUTHORIZATION4F360 IN LASSEN COUNTY IN SUSANVILLE AMOUNT
ROUTE 36 FROM RIVERSIDE DRIVE
ITEM DESCRIPTION QUANTITY PRICE
DIST-CO-RTE-PM02-LAS-36 26.2-26.5 TO JOHNSTONVILLE ROAD PEDESTRIAN AND LANDSCAPE IMPROVEMENTSTree Planting, Tree Irrigation, & Site Furnishuring ONLY EST 415 ?PROJECT 0212000097
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
DATE 9/11/2023 PAGE 1
17 8.00
FEDERAL AID NUMBER?
ORGANIC FERTILIZERAUTOMATIC FLUSH VALVE 11FLUSH VALVE
50.00 STANDARD CONTRACT ITEMS
0.00 1,200.00
30,000.00
5,950.003,200.002,320.001,300.00
MINOR CONCRETE (MISCELLANEOUSCONSTRUCTION)
6 2,300.00 13,800.00
TREE WELL SPRINKLER ASSEMBLY 68
7,500.00
15,000.00
PLANT ESTABLISHMENT WORK (MINIMUM BID)
2 QUICK COUPLING VALVE
16.00 0
WOOD MULCHCONTROL AND NEUTRAL CONDUCTORSSOLAR POWERED IRRIGATION CONTROLLER1 " BACKFLOW PREVENTER ASSEMBLY 2 2,000.00
2011 400.00
100 12.00
LUMP SUM 7,500.00
4,400.00
PLANT (GROUP U) 34
65.00 1" REMOTE CONTROL VALVE
175.00
PLANT (GROUP A)PLANT (GROUP B) 35.00
LUMP SUM
00 20.00
FLOW SENSOR
400.00
1,000.00
RISER SPRINKLER ASSEMBLY 0 30.001" PLASTIC PIPE (SCH 40)(SUPPLY LINE)1 1/4" PLASTIC PIPE (SCH 40)(SUPPLY LINE)2" GATE VALVE 2 4,000.00 8,000.00
6 1,000.00 6,000.00
2,000.00
SOIL AMENDMENT 7 163.00 1,141.00
9 550.00
0.00 232
25 994425 EA
26 994901 EA
27 994920 EA
28 995200 LS
ITEM SUBTOTAL
2,500.00
212,217.00
2,000.00
BENCH 5 2,500.00 12,500.00TRASH RECEPTACLE 5 1,000.00 5,000.00BICYCLE PARKING RACK 5 500.00IRRIGATION WATER SERVICE CHARGES LUMP SUM 2,000.00 233
NO. 1 STATE FUND
ITEM ITEM UNITNUM CODE (ALT)
1 38747 EA2 20365 EA3 202006 CY4 202037 LB5 204035 EA6 204036 EA7 204038 EA8 204099 LS9 205035 CY 10 205062 ROOT BARRIER LF11 206560 LS12 206562 EA13 206921 EA14 208423 EA15 208442 EA16 208445 EA17 208448 EA18 208575 EA19 208594 LF20 208595 LF21 208596 LF22 208598 LF23 208649 EA24 731502 CY
13,770.00
DATE 9/1/2023 PAGE 1
ROUTE 36 FROM RIVERSIDE DRIVE
SOIL AMENDMENT 23 163.00 3,749.00
4,000.00 8,000.00
6 1,000.00 6,000.00
FLOW SENSOR 2,000.00
400.00
1,000.00
RISER SPRINKLER ASSEMBLY 459 30.001" PLASTIC PIPE (SCH 40)(SUPPLY LINE)1 1/4" PLASTIC PIPE (SCH 40)(SUPPLY LINE)2" GATE VALVE 2 65.00
1" REMOTE CONTROL VALVE
175.00
PLANT (GROUP A)PLANT (GROUP B) 35.00
LUMP SUM
290
170 20.00
PLANT (GROUP U) 34
144
23 9,360.00
400.00
100 12.00
LUMP SUM
WOOD MULCHCONTROL AND NEUTRAL CONDUCTORSSOLAR POWERED IRRIGATION CONTROLLER1 " BACKFLOW PREVENTER ASSEMBLY 2 3,000.00
TREE WELL SPRINKLER ASSEMBLY 68
7,500.00
15,000.00
PLANT ESTABLISHMENT WORK (MINIMUM BID)MINOR CONCRETE (MISCELLANEOUSCONSTRUCTION) 6 2,300.00 13,800.00
7,500.009,200.003,000.003,400.001,200.00
30,000.00
ORGANIC FERTILIZERAUTOMATIC FLUSH VALVE 28FLUSH VALVE 10 1,400.00
132 8.00
FEDERAL AID NUMBER?
TO JOHNSTONVILLE ROADPEDESTRIAN AND LANDSCAPE IMPROVEMENTS
50.00 STANDARD CONTRACT ITEMS
EST 415 ?PROJECT 0212000097
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATIONPRELIMINARY ESTIMATE OF COST EXPENDITURE AUTHORIZATION4F360 IN LASSEN COUNTY IN SUSANVILLE
ITEM DESCRIPTION QUANTITY PRICE AMOUNT
DIST-CO-RTE-PM02-LAS-36 26.2-26.5
2,150 16.00 34,400.001,251
SOURCE OF FUNDS
?
1,056.00
5,950.00
2 QUICK COUPLING VALVE 3,200.00
16.00 20,016.00
1,075 18.00 19,350.00
2" PLASTIC PIPE (SCH 40)(SUPPLY LINE)3/4" PLASTIC PIPE (SCH 40)(SUPPLY LINE) 250.00 2,500.00100.00 6,800.00
8 2,740 20.00 54,800.00
10,150.00
234
25 994425 EA
26 994901 EA
27 994920 EA
28 995200 LS
ITEM SUBTOTAL
BICYCLE PARKING RACK 5 500.00IRRIGATION WATER SERVICE CHARGES LUMP SUM 3,000.00BENCH 5 2,500.00 12,500.00TRASH RECEPTACLE 5 1,000.00 5,000.00 293,601.00
3,000.002,500.00
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AGENDA ITEM NO. 9.E
Action Item
Submitted By: Dan Newton, Administrative Services
Action Date: October 4, 2023
SUBJECT: Consider Resolution No. 23-6247, authorizing City Administrator to execute Agreement between the city and Honey Lake Valley RCD for grant administration services for Johnstonville Dam Project.
PRESENTED BY: Dan Newton, City Administrator
SUMMARY: In 2019, the city of Susanville was awarded a Proposition 1, California Division of Water Resources (DWR) grant. The city is a member of the Lahontan Basins Regional Water Management Group and acts as the lead agency. Per the MOU, the city acts as the grant recipient for implementation projects. The grant received by the city was round one funding and the project awarded was the rehabilitation of the Johnstonville Dam located on the Susan River in Johnstonville. The Lassen Irrigation Company (LIC) is the project sponsor.
In 2023, the Honey Lake Valley RCD was awarded a Proposition 1, Round 2 grant. This grant added funding to the Johnstonville Dam Project. There are now two separate grants awarded to two separate entities for the same project. Due to the city's limited staffing resources and the complexity of the grant program, the staff recommends that the city and RCD work cooperatively to administer both grants.
The RCD has tentatively agreed to administer the Proposition 1, Round 1 grant on behalf of the city. The most efficient mechanism to accomplish this is to enter into an agreement with the RCD for grant administration services. There is approximately $45,000 remaining in the grant administration budget for Prop 1, round one. The RCD will have access to all, or a portion of those funds based on time spent by both the city staff and RCD staff moving forward.
FISCAL IMPACT: Grant administration is funded through a DWR grant. Funds will pass through the city and be disbursed to Honey Lake Valley RCD for services provided.
ACTION REQUESTED: Motion to approve Resolution No. 23-6247, authorizing City Administrator to execute Agreement between the city and Honey Lake Valley RCD for grant administration services for Johnstonville Dam Project.
SUSANVILLE CITY COUNCIL AGENDA ITEM
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ATTACHMENTS:
23-6247.pdf
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RESOLUTION NO. 23-6247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
AUTHORIZING CITY ADMINISTRATOR TO EXECUTE AGREEMENT BETWEEN CITY
AND HONEY LAKE VALLEY RCD FOR GRANT ADMINISTRATION SERVICES
FOR JOHNSTONVILLE DAM PROJECT
WHEREAS, the city is the lead agency for the Lahontan Basins Regional Water Management Group responsible for implementation projects; and WHEREAS, the city has received a grant from the California Department of Water Resources (DWR), for the rehabilitation of Johnstonville Dam and has entered into an Agreement with the Lassen Irrigation Company (LIC) as the project sponsor; and WHEREAS, the Honey Lake Valley Resource Conservation District (RCD) has also received a grant from DWR adding funding to the Johnstonville Dam project; and WHEREAS, the RCD is willing and able to administer both projects; and WHEREAS, the DWR has approved the city and RCD entering into an agreement wherein the RCD will act as the city’s agent in administering the city’s grant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby authorizes the City Administrator to enter into an Agreement with the Honey Lake Valley RCD for grant administration services and authorizes the Finance Director to modify the budget as necessary to pass through grant funds to RCD on a reimbursement basis, up to the remaining grant administration budget which is estimated at $45,000.
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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
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AGENDA ITEM NO. 9.F
Action Item
Submitted By: Dan Newton, Administrative Services
Action Date: October 4, 2023
SUBJECT: Consider Resolution No. 23-6246, authorizing Mayor to execute agreement with CalMuni Advisors.
PRESENTED BY: Dan Newton, City Administrator
SUMMARY: In May of 2022, the city refinanced its CalPERS Unfunded Accrued Liability and, as part of that process, the city was advised to develop a pension management policy to better manage its pension obligations.
California Municipal Advisors assisted the city in the refinance, has extensive knowledge of the city finances, and possesses the technical expertise to develop the pension policy.
The pension policy will identify cost mitigation measures and pension liability management tools. It will provide a financial analysis and associated impacts of each cost mitigation measure and determine preferred pension liability management scenarios, determine key variables.
Annual monitoring and maintenance services will include a review of the policy annually along with the CalPERS valuation report. CalMuni advisors will produce a detailed annual "Pension Policy Compliance Report" that estimates CalPERS UAL bases, and performance of pension stabilization funds in relation to CalPERS
increases/decreases.
FISCAL IMPACT: 23/24 Fiscal Year $5,700
Up to $2,900 each year thereafter until terminated.
ACTION REQUESTED: Motion to approve Resolution No. 23-6246, authorizing Mayor to execute agreement with CalMuni Advisors
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
23-6246.pdf
City of Susanville - UAL Policy and Reporting Services (2023_06_26).pdf 239
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RESOLUTION NO. 23-6247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
AUTHORIZING MAYOR TO EXECUTE AGREEMENT
WITH CALMUNI ADVISORS
WHEREAS, in May of 2022, the city refinanced its CalPERS unfunded accrued liability; and
WHEREAS, the City Council directed staff to work on a pension management policy as a tool to monitor and respond to market fluctuations and future UAL increases; and WHEREAS, CalMUNI advisors worked closely with the city on the UAL refinance, is knowledgeable regarding city finances, and has provided a quote for preparation of the policy and subsequent annual monitoring.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby authorizes the Mayor to enter into an Agreement with CalMuni Advisors and further authorizes the Finance Director to modify the 23/24 budget as necessary to accommodate the expense up to $5,700.
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 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
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CALIFORNIA MUNICIPAL ADVISORS LLC
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT (the “Agreement”), made and entered into this __th day of March 2022, by and between the City of Susanville, a political subdivision, organized and existing under the Constitution and laws of the State of California, with its principal place of business at 66 N Lassen Street, Susanville, CA 96130 (the “City”), and California Municipal Advisors LLC, a California Limited Liability Company, with its principal place of business at 1401 21st Street, Suite 5778, Sacramento, CA 95811 (“CalMuni”), sets forth the terms and conditions under which CalMuni shall provide consulting services to the City.
WHEREAS, the City is a member of the California Public Employees’ Retirement System (“CalPERS”), and as such, the City is obligated by the Public Employees’ Retirement Law, constituting Part 3 of Division 5 of Title 2 of the California Government Code, and the contract between the Board of Administration of CalPERS and the City (the “CalPERS Contract”), as amended, to make contributions to CalPERS to (a) fund pension benefits for its employees who are members of CalPERS, (b) amortize a portion of the unfunded accrued liability (the “UAL”) with respect to such pension benefits, and (c) appropriate funds for the purposes of paying for the pension benefits and such Unfunded Liability; and
WHEREAS, under the CalPERS Contract the City is legally obligated to make certain payments to the CalPERS in respect of current and retired public safety employees and miscellaneous employees under the associated pension plans (the “Pension Plans”) that amortize such obligations over a fixed period of time, including normal costs; and WHEREAS, as a financial consultant and municipal advisor to cities and other local government agencies throughout the State of California, CalMuni regularly works with agencies to clarify and implement pension cost mitigation techniques and strategies (the “Cost Mitigation Measures”) in relation to the UAL and normal costs associated with their respective CalPERS pension plans; and
WHEREAS, once the applicable Cost Mitigation Measures have been determined and synthesized, CalMuni regularly assists public agencies with the development of a comprehensive pension management policy (the “Pension Management Policy”); and WHEREAS, the City desires to retain the services of CalMuni to assist the City with Cost Mitigation Measures, the development of a Pension Management Policy and potential future services described in the list of services attached hereto as Exhibit A (the “Scope of Service”); and WHEREAS, CalMuni is duly licensed and has the necessary qualifications, experience, and personnel necessary to properly provide the Scope of Services; and WHEREAS, the City Council, hereby authorizes the City Manager to enter into this Agreement on behalf of the City; and
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NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, and intending to be legally bound hereby, the City and CalMuni agree as follows:
SECTION I. SCOPE OF SERVICES
A. CalMuni shall provide the services described in Exhibit A to this Agreement (hereinafter referred to interchangeably as the “Services” or “Scope of Services”). Any material changes or additions to the Scope of Services described in Exhibit A shall be promptly reflected in a written supplement or amendment to this Agreement. Services provided by CalMuni which are not specifically referenced in the Scope of Services shall be completed as agreed in writing in advance between the City and CalMuni. Upon request of the City, CalMuni may agree to additional services to be provided by CalMuni, only by a separate agreement between the City and CalMuni.
B. The Scope of Services details current, ongoing and additional services of CalMuni. The City shall not be responsible for payment of any Service unless mutually agreed upon and authorized by the City. CalMuni shall not be responsible for any performance of Services until mutually agreed upon and authorized by the City.
C. CalMuni shall perform all such work with skill and diligence and pursuant to generally accepted standards of practice in effect at the time of performance. CalMuni shall provide corrective services without charge to the City for work which fails to meet these standards, and which is reported to CalMuni in writing within sixty (60) days of discovery.
D. The City shall cooperate with CalMuni and will furnish all information, data, records, and reports existing and available to the City to enable CalMuni to carry out work outlined in the Scope of Services. CalMuni shall be entitled to reasonably rely on information, data, records, and reports furnished by the City, however, the City makes no warranty as to the accuracy or completeness of any such information, data, records, or reports available to it and provided to CalMuni which were furnished to the City by a third party. CalMuni shall have a duty to bring to the City’s attention any deficiency or error it may discover in any information provided to CalMuni by the City or a third party.
E. CalMuni shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. The City shall furnish to CalMuni no facilities or equipment, unless the City otherwise agrees in writing to provide the same.
F. CalMuni shall, at CalMuni’s sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services.
G. Upon the City’s request, CalMuni shall provide, in a form acceptable to the City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to CalMuni’s performance of the Services.
SECTION II. WORK SCHEDULE
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The Services described in Section A-I of Exhibit A are to commence as soon as practicable after the execution of this Agreement. The balance of Services described in Exhibit A shall commence only upon the City’s written direction.
SECTION III. REGISTERED MUNICIPAL ADVISOR; REQUIRED DISCLOSURES A. IRMA Disclosures. CalMuni is a registered municipal advisor with the Securities and Exchange Commission (the “SEC”) and the Municipal Securities Rulemaking Board (the “MSRB”), pursuant to the Securities Exchange Act of 1934 Rule 15Ba1-2. This Agreement designates CalMuni as the City’s independent registered municipal advisor (“IRMA”) with regard to the attached Scope of Services for purposes of SEC Rule 15Ba1-1(d)(3)(vi) (the “IRMA Exemption”). CalMuni shall not be responsible for, or have any liability in connection with, verifying that CalMuni is independent from any other party seeking to rely on the IRMA Exemption (as such independent status is required pursuant to the IRMA Exemption, as interpreted from time to time by the SEC). The City acknowledges and agrees that any reference to CalMuni, its personnel, and its role as IRMA, including in the written representation of the City required under SEC Rule 15Ba1-1(d)(3)(vi)(B) shall be subject to prior approval by CalMuni. The City further agrees not to represent that CalMuni is the City’s IRMA with respect to any aspect of a municipal securities issuance or municipal financial product, outside of the attached Scope of Services or without CalMuni’s prior written consent.
B. MSRB Rule G-42 requires that municipal advisors make written disclosures to its client’s of all material conflicts of interest and certain legal or disciplinary events. Such disclosures are provided in CalMuni’s Disclosure Statement delivered to the City together with this Agreement as Exhibit C.
C. Fiduciary Duty of Care. CalMuni has a legal fiduciary Duty of Care to:
1. Exercise due care in performing its municipal advisory activities;
2. Possess the degree of knowledge and expertise needed to provide the City with informed advice;
3. Make a reasonable inquiry as to the facts that are relevant to City’s determination as to whether to proceed with a course of action or that form the basis for any advice provided to City; and
4. Undertake a reasonable investigation to determine that CalMuni is not forming any recommendation on materially inaccurate or incomplete information; CalMuni must have a reasonable basis for:
i. any advice provided to or on behalf of City;
ii. any representations made in a certificate that it signs that will be reasonably foreseeably relied upon by City, any other party involved in the municipal 244
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securities transaction or municipal financial product, or investors in the City securities; and
iii. any information provided to the City or other parties involved in the municipal securities transaction when participating in the preparation of an official statement.
D. Fiduciary Duty of Loyalty. CalMuni has a legal fiduciary Duty of Loyalty to deal honestly and with the utmost good faith with City and act in City’s best interests without regard to the financial or other interests of CalMuni. CalMuni will eliminate or provide full and fair disclosure (included herein) to City about each material conflict of interest (as applicable). CalMuni will not engage in municipal advisory activities with City as a municipal entity, if it cannot manage or mitigate its conflicts in a manner that will permit it to act in City’s best interests.
SECTION IV. COMPENSATION
A. For the Services provided under this Agreement, CalMuni’s professional fees shall be paid as provided in Exhibit B to this Agreement. Any services which are not included in the Scope of Services set forth in Exhibit A of this Agreement will be subject to separate, mutually acceptable fee structures.
B. Invoice(s) in a format and on a schedule acceptable to the City shall be submitted to and be reviewed and verified by the City. The City shall notify CalMuni of exceptions or disputed items and their dollar value within fifteen (15) days of receipt. Payment of the undisputed amount of the invoice will typically be made approximately thirty (30) days after the invoice is received by the City.
C. CalMuni will maintain clearly identifiable, complete and accurate records with respect to all costs incurred under this Agreement on an industry recognized accounting basis. CalMuni shall make available to the representative of the City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon three (3) business days’ notice for a period of two (2) years from the date of final payment under this Agreement.
SECTION V. TERM AND TERMINATION
A. Unless otherwise provided, the term of this Agreement shall begin on the date of its full execution and shall expire on the following dates as to the scope of work set forth in the referenced exhibits unless extended by amendment or terminated earlier as provided herein.
Exhibit Termination Date
A-I – Pension Management Policy Development December 31, 2023 A-III – Annual Monitoring and Maintenance Services Per Written Notice 245
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B. The City may suspend this Agreement and CalMuni’s performance of the Services, wholly or in part, by written notice to CalMuni, for such period as it deems necessary in the City’s sole discretion. CalMuni will be paid for satisfactory services performed through the date of suspension.
C. If CalMuni at any time refuses or neglects to perform its Services in a timely fashion or in accordance with the schedule identified in Exhibit A, or is declared bankrupt, or commits any act of insolvency, or makes an assignment for the benefit of creditors without City’s consent, or fails to make prompt payment to persons furnishing labor, equipment, materials or services, or fails in any respect to properly and diligently perform its Services, or otherwise fails to perform fully any and all of the Agreements herein contained, this Agreement shall be terminated.
D. If CalMuni fails to cure the default within seven (7) days after written notice from the City, the City may, at its sole option, demand possession of any documents or other materials (in paper and electronic form) prepared or used by CalMuni in connection with the provision of Services and (1) provide any such work, labor, materials or services as may be necessary to overcome the default and deduct the cost thereof from any money then due or thereafter to become due to CalMuni under this Agreement; or (2) terminate this Agreement.
E. This Agreement and all Services, in whole or part, may be terminated upon ten (10) days written notice from either party, with or without cause. In the event City elects to terminate this Agreement, CalMuni shall be paid for all services rendered, unless the termination is made for cause, in which event compensation, if any, shall be adjusted in the light of the particular facts and circumstances involved in the termination. This continuing right to receive full compensation shall survive the term of this Agreement.
SECTION VI. ASSIGNMENT
CalMuni shall not assign any interest in this Agreement or subcontract any of the work performed under the Agreement without the prior written consent of the City.
SECTION VII. RECOMMENDATIONS
If CalMuni makes a recommendation of a municipal securities transaction or municipal financial product or if the review of a recommendation of another party is requested in writing by the City and is within the scope of the engagement, CalMuni will determine, based on the information obtained through reasonable diligence of CalMuni whether a municipal securities transaction or municipal financial product is suitable for the City. In addition, CalMuni will inform the City of:
i. the evaluation of the material risks, potential benefits, structure, and other characteristics of the recommendation;
ii. the basis upon which CalMuni reasonably believes that the recommended municipal securities transaction or municipal financial product is, or is not, suitable for the City; and
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iii. whether CalMuni has investigated or considered other reasonably feasible alternatives to the recommendation that might also or alternatively serve the City’s objectives.
If the City elects a course of action that is independent of or contrary to the advice provided by CalMuni, then CalMuni is not required on that basis to disengage from the City SECTION VIII. CONFIDENTIALITY
A. All information, data, reports, and records (“Data”) in the possession of the City or any third-party agent to the City necessary for carrying out any services to be performed under this Agreement shall be furnished to CalMuni, and the City shall cause its agent(s) to cooperate with CalMuni in its conduct of reasonable due diligence in performing the services.
B. Unless otherwise provided for herein, all documents, materials, data, computer data files, basis for calculations, and reports originated and prepared by CalMuni under this agreement shall be and remain the property of the City for its use in any manner it deems appropriate. CalMuni shall deliver the work product to the City in the PDF format electronically. CalMuni shall use all reasonable efforts to ensure that any electronic files provided to the City will be compatible with the City’s current computer hardware and software. CalMuni makes no representation as to longterm compatibility, usability or readability of the format resulting from the use of software application packages, operating systems or computer hardware differing from those in use by the City at the commencement of this Agreement. CalMuni shall be permitted to maintain copies of all such data for its files. The City acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Services and, should the City use these products or data in connection with additions to the work required under this Agreement or for new work without consultation with and without additional compensation to CalMuni, CalMuni makes no representation as to the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services and shall have no liability or responsibility whatsoever in connection with such use which shall be at the City’s sole risk. Any and all liability arising out of changes made by the City to CalMuni’s deliverables is waived against CalMuni unless the City has given CalMuni prior written notice of the changes and has received CalMuni’s written consent to such changes.
C. To the extent the City requests that CalMuni provide advice with regard to any recommendation made by a third party, the City will provide to CalMuni written direction to do so as well as any Data it has received from such third party relating to its recommendation. The City acknowledges and agrees that while CalMuni is relying on the Data in connection with its provision of the services under this Agreement, CalMuni makes no representation with respect to and shall not be responsible for the accuracy or completeness of such Data.
D. In the course of performing services under this Agreement CalMuni may obtain, receive, and review confidential or proprietary documents, information or materials that are and shall remain the exclusive property of the City. Should CalMuni undertake the work on behalf of other agencies, entities, firms or persons relating to the matters described in the Scope of Services, it is expressly agreed by CalMuni that any such confidential or proprietary information or materials shall not be provided or disclosed in any manner to any of the City’s other clients, or to any other third party, without the City’s prior express written consent. 247
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SECTION IX. NOTICES
All notices given under this Agreement shall be in writing, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the designated below. The parties designate the following as the respective places for giving notice, to wit:
City of Susanville
66 N Lassen Street
Susanville, CA 96130
Attention: City Manager
California Municipal Advisors LLC
20 South Santa Cruz Avenue, Suite 300
Los Gatos, CA 95030
Attention: Andrew Flynn
SECTION X. LIMITATION OF LIABILITY
Except to the extent caused by willful misconduct, bad faith, negligence, or reckless disregard of obligations or duties under this Agreement on the part of CalMuni or any of its associated persons, neither CalMuni nor any of its associated persons shall have liability to any person for any act or omission in connection with performance of its services hereunder, or for any error of judgment or mistake of law, or for any loss arising out of any issuance of municipal securities, any municipal financial product or any other financial product or investment, or for any financial or other damages resulting from the City’s election to act or not to act, as the case may be, contrary to or, absent negligence on the part of CalMuni or any of its associated persons, upon any advice or recommendation provided by CalMuni to the City.
SECTION XII. INDEPENDENT CONTRACTOR; NO THIRD-PARTY BENEFICIARY A. CalMuni, its employees, officers and representatives at all times shall be independent contractors and shall not be deemed to be employees, agents, partners, servants and/or joint venturers of the City by virtue of this Agreement or any actions or services rendered under this Agreement. This Agreement shall not be construed as an agreement for employment. Nothing in this Agreement is intended or shall be construed to give any person, other than the Parties hereto, their successors and permitted assigns, any legal or equitable rights, remedy, or claim under or in respect of this Agreement or any provisions contained herein.
B. CalMuni acknowledges that CalMuni: (1) is free from the control and direction of the City in connection with the performance of the Services; (2) performs Services outside the usual course of the City’s business; and (3) is customarily engaged in an independently established trade, occupation, or business of the same nature as CalMuni performs for the City, and has the option to perform such work for other entities. CalMuni shall have no authority to contract for or otherwise bind the City.
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SECTION XIII. DISPUTE RESOLUTION
A. If any dispute arises between the parties as to proper interpretation or application of this Agreement, the parties shall first meet and confer in a good faith attempt to resolve the matter between themselves. If the dispute is not resolved by meeting and conferring, the matter shall be submitted for formal mediation to a mediator selected mutually by the parties. The expenses of such mediation shall be shared equally between the parties. If the dispute is not or cannot be resolved by mediation, the parties may mutually agree (but only as to those issues of the matter not resolved by mediation) to submit their dispute to arbitration. Before commencement of the arbitration, the parties may elect to have the arbitration proceed on an informal basis; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be binding, unless within thirty (30) days after issuance of the arbitrator’s written decision, any party files an action in court. Venue and jurisdiction for any such action between the parties shall lie in the Superior Court for the County of Santa Clara.
B. In the event of any controversy, claim or dispute relating to this Agreement, or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney’s fees and costs.
SECTION XIV. APPLICABLE LAW
This Agreement shall be construed, enforced, and administered according to the laws of the State of California. CalMuni and the City agree that, should a disagreement arise as to the terms or enforcement of any provision of this Agreement, each party will in good faith attempt to resolve said disagreement prior to pursuing other action.
SECTION XV. ENTIRE AGREEMENT; SEVERABILITY
This Agreement represents the entire agreement between the City and CalMuni and may not be amended or modified except in writing signed by both parties. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.
SECTION XVI. EXECUTION; COUNTERPARTS
Each party to this Agreement represents and warrants that the person or persons signing this Agreement on behalf of such party is authorized and empowered to sign and deliver this Agreement for such party. This Agreement may be signed in any number of counterparts, each of which shall be an original and all of which when taken together shall constitute one and the same document.
[Signature Page to Follow on Next Page]
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AGREEMENT FOR CONSULTING SERVICES
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IN WITNESS THEREOF, the City and CalMuni have executed this Agreement as of the day and year herein above written.
CITY OF SUSANVILLE
By: ______________________________
Name:
Title:
CALIFORNIA MUNICIPAL ADVISORS LLC
By: ______________________________
Name: Andrew Flynn
Title: Managing Director
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EXHIBIT A
SCOPE OF SERVICES
A-I. Pension Management Policy Development.
Policy Development services shall include:
Attend meetings and/or conference calls with the City Council (the “City Council”), staff, City Attorney, and other as requested by the City to provide information through presentations and general discussions pertaining to the existing Pension Plans. Work closely with staff to identify all potential Cost Mitigation Measures and pension liability management tools (as covered in the initial presentation). Provide the financial analysis and associated impacts (along with recommendations if requested by the City) of each potential Cost Mitigation Measure. Determine preferred pension liability management scenarios and determine key variables (e.g., desired pension plan funding levels, target reserve levels, priorities for immediate vs. overall cash flow savings, etc.).
Draft and distribute a baseline draft Pension Management Policy to the working group. Working group submits comments which are integrated into the Pension Management Policy and then recirculated for continued review and comment. Once the draft Pension Management Policy is substantially complete, it is then presented to the City Council for consideration and approval.
A-II. Annual Monitoring and Maintenance Services.
CalMuni will provide, at the express written request of the City, annual pension policy monitoring and maintenance services to the City, including the review of the City’s Pension Management Policy, review of the most recent CalPERS Valuation Report, review of the 115 Trust and other Pension Reserve Funds, review of other relevant financial and operational data.
Based upon our review of all relevant data, CalMuni will produce a detailed “Pension Policy Compliance Report” that, among other things, (i) estimates the upcoming CalPERS UAL bases (i.e., the increase or decrease in UAL debt for the ensuing Fiscal Year), (ii) updates available fund balances that have been pledged or set-aside (such as 115 Trust monies or other pension stabilization funds or reserves established pursuant to the Pension Management Policy) to make discretionary payment to your Pension Plans, (iii) reviews the Pension Management Policy for compliance as well as opportunities to further mitigate Pension Plan costs, and (iv) concludes with specific recommendations.
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EXHIBIT B
COMPENSATION FOR SERVICES
A-I. Pension Management Policy Development.
For the Services described in Section A-I (Pension Management Policy Development) of Exhibit A, CalMuni will be compensated on a time and materials basis, not to exceed total budget, as shown below. The invoices and additional documentation requested by City, as applicable, will be submitted to the City monthly.
In no case shall the total compensation under this Agreement exceed the “not-to-exceed” amount specified below without prior written authorization of the City Manager or other authorized officer.
If there are material changes to the Scope of Services, a revised budget may be determined by mutual written agreement between CalMuni and the City.
Task Description Hours [1] Amount @
$285/hr [1]
1 Pension Management Policy Development 15 $4,275
2 Pension Management Presentations 5 $1,425
TOTAL 20 $5,700
[1] Time and cost are estimates and will vary. Billings will be done on a T&M basis for actual amount of time required, not to exceed the total amount shown.
A-II. Annual Monitoring and Maintenance Services.
For the Services described in Section A-II (Annual Monitoring and Maintenance Services) of Exhibit A, CalMuni will be compensated on the basis an annual flat fee of $1,750, plus reasonably incurred out of pocket expenses, including travel, conference calls, printing, data services, and other reimbursable expenses not to exceed $1,150. The invoice for these services will be submitted upon release of the Pension Policy Compliance Report.
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EXHIBIT C
DISCLOSURE OF CONFLICTS OF INTEREST AND OTHER INFORMATION
CALIFORNIA MUNICIPAL ADVISORS LLC
I. Introduction
California Municipal Advisors LLC (hereinafter, referred to as “CalMuni”) is a registered municipal advisor with the Securities and Exchange Commission (the “SEC”) and the Municipal Securities Rulemaking Board (the “MSRB”), pursuant to the Securities Exchange Act of 1934 Rule 15Ba1-2. In accordance with MSRB rules, this disclosure statement is provided by us to each client prior to the execution of its advisory agreement with written disclosures of all material conflicts of interests and legal or disciplinary events that are required to be disclosed with respect to providing financial advisory services pursuant to MSRB Rule G-42(b) and (c) (ii). CalMuni employs a number of resources to identify and subsequently manage actual or potential conflicts of interest in addition to disclosing actual and potential conflicts of interest provided herein.
How We Identify and Manage Conflicts of Interest
Code of Ethics. CalMuni requires all of its employees to conduct all aspects of our business with the highest standards of integrity, honesty and fair dealing. All employees are required to avoid even the appearance of misconduct or impropriety and avoid actual or apparent conflicts of interest between personal and professional relationships that would or could interfere with an employee’s independent exercise of judgment in performing the obligations and responsibilities owed to a municipal advisor and our clients.
Policies and Procedures. CalMuni has adopted policies and procedures that include specific rules and standards for conduct. Some of these policies and procedures provide guidance and reporting requirements about matters that allow us to monitor behavior that might give rise to a conflict of interest. These include policies concerning the making of gifts and charitable contributions, entertaining clients, and engaging in outside activities, all of which may involve relationships with clients and others that are important to our analysis of potential conflicts of interest.
Supervisory Structure. CalMuni has both a compliance and supervisory structure in place that enables us to identify and monitor employees’ activities, both on a transaction and firm-wide basis, to ensure compliance with appropriate standards. Prior to undertaking any engagement with a new client or an additional engagement with an existing client, appropriate municipal advisory personnel will review the possible intersection of the client’s interests, the proposed engagement, our engagement personnel, experience and existing obligations to other clients and related parties. This review, together with employing the resources described above, allows us to evaluate any situations that may be an actual or potential conflict of interest.
Disclosures. CalMuni will disclose to clients those situations that it believes would create a material conflict of interest, such as:
1. any advice, service or product that any affiliate may provide to a client that is directly related to the municipal advisory work of CalMuni;
2. any payment made to obtain or retain a municipal advisory engagement with a client;
3. any fee-splitting arrangement with any provider of an investment or services to a client;
4. any conflict that may arise from the type of compensation arrangement we may have with a client; and
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5. any other actual or potential situation that CalMuni is or becomes aware of that might constitute a material conflict of interest that could reasonably be expected to impair our ability to provide advice to or on behalf of clients consistent with regulatory requirements.
If CalMuni identifies such situations or circumstances, we will prepare meaningful disclosure describing the implications of the situation and how we intend to manage the situation. CalMuni will also disclose any legal or disciplinary events that are material to a client’s evaluation or the integrity of our management or advisory personnel. CalMuni will provide this disclosure (or a means to access this information) in writing prior to starting our proposed engagement and will provide such additional information or clarification as the client may request. CalMuni will also advise clients in writing of any subsequent material conflict of interest that may arise, as well as the related implications, its plan to manage that situation, and any additional information such client may require.
II. General Conflict of Interest Disclosures
Disclosure of Conflicts Concerning the Firm’s Affiliates CalMuni’s affiliates offer a wide variety of financial and legal services, and our clients may be interested in pursuing an affiliate’s services separately. The affiliate’s business with the client could create an incentive for CalMuni to recommend a course of action designed to increase the level of the client’s business activities with the affiliate or to recommend against a course of action that would reduce the client’s business activities with the affiliate. In either instance, CalMuni may be perceived as recommending services for a client that are not in the best interests of our clients, but rather are in our interests or the interests of our affiliates. Accordingly, CalMuni mitigates any perceived conflict of interest that may arise in this situation by disclosing it to the client, and by requiring that there be a review of the municipal securities transaction or municipal financial product to ensure that it is suitable for the client in light of various factors, after reasonable inquiry, including the client’s needs, objectives and financial circumstances. Further, CalMuni receives no compensation from its affiliates with respect to a client introduction or referral. If a client chooses to work with an affiliate, we require that the client consult and enter into a separate agreement for services, so that the client can make an independent, informed, evaluation of the services offered.
Disclosure of Conflicts Related to the Firm’s Compensation From time to time, CalMuni may be compensated by a municipal advisory fee that is or will be set forth in an agreement with the client to be, or that has been, negotiated and entered into in connection with a municipal advisory service. Payment of such fee may be contingent on the closing of the transaction and the amount of the fee may be based, in whole or in part, on a percentage of the principal or par amount of municipal securities or municipal financial product. While this form of compensation is customary in the municipal securities market, it may be deemed to present a conflict of interest since we may appear to have an incentive to recommend to the client a transaction that is larger in size than is necessary. Further, CalMuni may also receive compensation in the form of a fixed fee arrangement. While this form of compensation is customary, it may also present a potential conflict of interest if the transaction ultimately requires less work than contemplated and we are perceived as recommending a more economically friendly pay arrangement. Finally, CalMuni may contract with clients on an hourly fee basis. If CalMuni and the client do not agree on a maximum amount of hours at the outset of the engagement, this arrangement may pose a conflict of interest as we would not have a financial incentive to recommend an alternative that would result in fewer hours. CalMuni manages and mitigates all of these types of conflicts by disclosing the fee structure to the client, and by requiring that there be a review of the municipal securities transaction or municipal financial product to ensure that it is suitable for the client in light of various factors, after reasonable inquiry, including the client’s needs, objectives, and financial circumstances. 254
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Disclosure Concerning Provision of Services to State and Local Government, and Non-Profit Clients CalMuni regularly provides financial advisory services to state and local governments, their agencies, and instrumentalities, and non-profit clients. While our clients have expressed that this experience in providing services to a wide variety of clients generally provides great benefit for all of our clients, there may be or may have been clients with interests that are different from (and adverse to) other clients. If for some reason any client sees our engagement with any other particular client as a conflict, we will mitigate this conflict by engaging in a broad range of conduct, if and as applicable. Such conduct may include one or any combination of the following: 1) disclosing the conflict to the client; 2) requiring that there be a review of the municipal securities transaction or municipal financial product to ensure that it is suitable for the client in light of various factors, including the client’s needs, objectives and financial circumstances; 3) implementing procedures that establishes a “firewall” that creates physical, technological and procedural barriers and/or separations to ensure that non-public information is isolated to particular area such that certain governmental transaction team members and supporting functions operate separately during the course of work performed; and 4) in the rare event that a conflict cannot be resolved, we will withdraw from the engagement.
Disclosure Related to Legal and Disciplinary Events
CalMuni has never been subject to any legal, disciplinary or regulatory actions. As registered municipal advisors with the SEC and the MSRB, pursuant to the Securities Exchange Act of 1934 Rule 15Ba1-2, our legal, disciplinary and judicial events are required to be disclosed on our forms MA and MA-I filed with the SEC, in ‘Item 9 Disclosure Information’ of form MA, ‘Item 6 Disclosure Information’ of form MA-I, and if applicable, the corresponding disclosure reporting page(s). To review the foregoing disclosure items and material change(s) or amendment(s), if any, clients may electronically access CalMuni filed forms MA and MA-I on the SEC’s Electronic Data Gathering, Analysis, and Retrieval system, listed by date of filing starting with the most recently filed.
III. Specific Conflicts of Interest Disclosures – Client The principal of Weist Law LLP (“WeistLaw”), Cameron Weist, is also a principal of CalMuni. We do not believe that this duel representation creates a conflict because the California Rules of Professional Conduct governing the ethical standards imposed on lawyers are aligned with and equal or exceed the fiduciary duties imposed on municipal advisors, and also because CalMuni receives no compensation from WeistLaw, or vice versa, and both firms are independently engaged under separate contracts which have been vetted in light of various factors, including the client’s needs, objectives and legal and financial circumstances, to ensure that each such client has made an independent, informed, evaluation of the type and quality of services offered by each entity. If you believe this creates a conflict, please do not sign this Agreement.
To our knowledge, following reasonable inquiry, we are not aware of any other actual or potential conflict of interest that could reasonably be anticipated to impair our ability to provide advice to or on behalf of the Client in accordance with applicable standards of conduct of MSRB Rule G-42.
IV. Additional Disclosures – MSRB Rule G-10
Pursuant to Municipal Securities Rulemaking Board Rule G-10, on Investor and Municipal Advisory Client Education and Protection, Municipal Advisors are required to provide certain written information to their municipal entity and obligated person clients which include the following:
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1. CalMuni is currently registered as a Municipal Advisor with the U.S. Securities and Exchange Commission and the Municipal Securities Rulemaking Board.
2. Within the MSRB website at www.msrb.org, our clients may obtain the Municipal Advisory Client Brochure (the “Brochure”) that is posted on the MSRB website. The Brochure describes the protections that may be provided by the MSRB Rules along with how to file a complaint with financial regulatory authorities.
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AGENDA ITEM NO. 13.A
Discussion Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: October 4, 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:
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AGENDA ITEM NO. 14.A
Discussion Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: October 4, 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:
231004 Items from the Podium.pdf
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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 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 9/6/2023 Consider moving speed study on Cypress higher on the priority list 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 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
8/16/2023 Consider support of both the Rails to Trails Festival and the Gravel Adventure Ride
BUSINESS FROM THE FLOOR
FUTURE COUNCIL ITEMS
Completed Items
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