Agenda — Susanville City Council, February 21, 2024

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: No business.

4. RETURN TO OPEN SESSION: (recess if necessary)
Reconvene in open session at 5:00pm
Pledge of allegiance
Invocation
Report any changes to agenda
Report any action out of Closed Session
Proclamations, awards or presentations by the City Council

5. BUSINESS FROM THE FLOOR: Any person may address the Council at this time upon any subject on the agenda or not on the agenda within the jurisdiction of the City Council. However, comments on items on the agenda may be reserved until the item is discussed and any matter not on the agenda that requires action will be referred to staff for a report and action at a subsequent meeting.

Presentations are subject to a five-minute limit.

6. CONSENT CALENDAR: All matters listed under the Consent Calendar are considered to be routine by the City Council. There will be no separate discussion on these items. Any member of the public or the City Council may request removal of an item from the Consent Calendar to be considered separately.

6.A Minutes of the City Council's February 7, 2024 regular meeting

6.B Vendor and payroll warrants

6.C Consider Resolution No. 24-6274, authorizing the Mayor to execute the Annual Certificate of Army Material Status for the UH-1 Huey Helicopter, Serial Number 66-16374 and the AH-1 Cobra Helicopter, Serial Number 67-15684 located at the Susanville Municipal Airport.

6.D Consider Resolution No. 24-6275, authorizing the Mayor to execute annual certification of Army Material Status for the GPF M1917/18 Series Gun, Serial Number 884 for static display located at the Susanville Memorial Park

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, February 21, 2024 – 5:00 PM
NO CLOSED SESSION. OPEN SESSION TO START AT 5:00 P.M.
1 6.E Consider Resolution No. 24-6276, authorizing the Mayor to execute the 2024 Loan Agreement between the National Museum of the United States Air Force and the City of Susanville for the Phantom Jet F-4C (RF) on loan for static display at the Susanville Municipal Airport

6.F Consider Resolution No. 24-6277, approving second amendment to the Land Lease Agreement between the city of Susanville and United Parcel Service, Inc. (UPS)

7. PUBLIC HEARINGS:

8. COUNCIL DISCUSSION/ANNOUNCEMENTS:

9. NEW BUSINESS:

9.A Consider Resolution No. 24-6278, terminating Airport Hangar Land Lease Agreement, Hangar #29 with Bill Meyers and authorizing Mayor to execute an Airport Ground Lease Agreement for Hangar #29 with Aerialfire Support LLC.

10. SUSANVILLE COMMUNITY REDEVELOPMENT AGENCY: No business.

11. SUSANVILLE MUNICIPAL ENERGY CORPORATION: No business.

12. CONTINUING BUSINESS:

12.A Consider Ordinance No. 23-1042, Amending Section 2.08 to change the title of the City Administrator to City Manager and to update the entire city code to change all references to the City Administrator to the City Manager

12.B City Project Priorities

12.C Continue discussion on ARPA funding.

13. CITY ADMINISTRATOR'S REPORTS:

13.A Department Reports

14. FUTURE COUNCIL ITEMS:

15. ADJOURNMENT:

The next regular meeting of the Susanville City Council will be held on March 6, 2024 at 4:30PM.

Reports and documents relating to each agenda item are on file in the Office of the City Clerk and are available for public inspection during normal business hours and at the meeting. These reports and documents are also available at the City’s website www.cityofsusanville.net, unless there were systems problems posting to the website.

Accessibility: An interpreter for the hearing-impaired may be made available upon request to the City Clerk seventy-two hours prior to a meeting. A reader for the vision-impaired for purposes of reviewing the agenda may be made available upon request to the City Clerk. The location of this meeting is wheelchair-accessible.

I, Heidi Whitlock, certify that I caused to be posted notice of the regular meeting scheduled forFebruary 21, 2024 in the areas designated on February 16, 2024 .
2 AGENDA ITEM NO. 6.A
Action Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: February 21, 2024
SUBJECT: Minutes of the City Council's February 7, 2024 regular meeting PRESENTED BY: Heidi Whitlock, City Clerk
SUMMARY: Attached for the Council’s review are the minutes of the City Council’s February 7, 2024 regular meeting.

FISCAL IMPACT: None
ACTION REQUESTED: Motion to waive the reading of and approval to receive and file the City Council's February 7, 2024 regular meeting.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
240207.cc.min.draft.pdf
3 SUSANVILLE CITY COUNCIL
Regular Council Meeting Minutes
WEDNESDAY, FEBRUARY 7, 2024 – 4:30 PM
Mayor McCourt called the meeting to order at 4:30pm.

Roll Call of Councilmembers Present: McCourt, Stafford, Herrera, Schuster, Brown

1. APPROVAL OF AGENDA: A request was made to move item 12A to be heard prior to item 9A.

Moved by Brown; seconded by Schuster to approve.

Motion Carried: 5 - 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None

2. PUBLIC COMMENT REGARDING CLOSED SESSION ITEMS (if any): No comment.

3. CLOSED SESSION:

The City Council convened in closed session at 4:32pm to discuss the following item:

A. PUBLIC EMPLOYEE - pursuant to Government Code Section §54957

1. Public Safety Chief

4. RETURN TO OPEN SESSION: The City Council reconvened in open session at 5:00pm. The Pledge of Allegiance and Invocation were provided.

Heidi Whitlock, City Clerk, stated that the Council met in open session at 4:30pm and approved the agenda with the proposed change of moving item 12A before item 9A. She added the the council then met in closed session at 4:32pm to discuss the Public Safety Officer position. No reportable action was taken and direction was provided to staff.

5. BUSINESS FROM THE FLOOR: Various community members provided input on how ARPA funds should be spent including the following:

The purchase of property for Crossroads to assist the homeless population.

No less than six community members requested a Performing Arts Center The creation of a plan to eliminate puncture vines in the area.

Restoration of the Elks Lodge
Composting Complex
Donation of funds to Hopewheels

6. CONSENT CALENDAR:

6.A Minutes of the City Council's January 17, 2024 regular meeting 240117cc.min.draft.pdf
Motion to waive the reading of and approval to receive and file the City Council's January 17, 2024 regular meeting.

Moved by Schuster; seconded by Herrera to approve.

Motion Carried: 5- 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None

7. PUBLIC HEARINGS: No business.
4 8. COUNCIL DISCUSSION/ANNOUNCEMENTS: The City's Mission Statement and the Land Acknowledgement Statement were provided.

Item 9A will be heard immediately following Item 12A.

12. CONTINUING BUSINESS:

12.A Consider proposed ARPA fund expenditures.

Dan Newton, City Administrator, provided an explanation of the item and requested direction be provided to staff.

Bob Godman, Public Works Director, requested that funding for an updated AWOS system at the airport be considered.

The Council entertained all idea presented and requested that staff bring back an updated rubric with the additional items included.

Mayor pro tem Herrera stared his thoughts on spreading the money out over multiple requested items including a performing arts center, the Elks Lodge, the skate park project, pickleball, Hopewheels, the code enforcement program, and the addition of purchasing a sealer to fix cracks in city roads and a sewer study.. However, his plan would not address the city debt.

Mayor McCourt agreed with Mayor pro tem Herrera with one exception, consider debt payments, but not the code enforcement portion as savings after paying current debts off could free up monies to put towards code enforcement.

9. NEW BUSINESS:

9.A Consider purchase of Hangar #29 at the Susanville Municipal Airport Mr. Godman provided an explanation of the item and requested Council direction.

It was the consensus of the Council to not purchase the hangar.

Hangar Map.pdf
ROI_HANGAR 29.pdf Intent to Sell-Hanger 29.pdf

9.B Consider Resolution No. 24-6273, authorizing the Public Works Director to execute a contract with Digital Dreams Come True Inc. for security access and cameras at the Public Works office and equipment yard at 720 South Street and authorizing the Finance Director to adjust the budget as necessary.

Mr. Godman provided an explanation of the item and requested approval of Resolution No. 24-6273.

Verkada Estimate QU-5338.pdf
24-6273.pdf
Motion to approve Resolution No. 24-6273, authorizing the Public Works Director to execute a contract with Digital Dreams Come True Inc. for security access and cameras at the Public Works office and equipment yard at 720 South Street and authorizing the Finance Director to adjust the budget as necessary.

Moved by Schuster; seconded by Herrera to approve.
5 Motion Carried: 5- 0
Voting For: McCourt, Stafford, Herrera, Schuster, Brown Voting Against: None

9.C Consider Ordinance No. 23-1042, Amending Section 2.08 to change the title of the City Administrator to City Manager and to update the entire city code to change all references to the City Administrator to the City Manager
Margaret Long, City Attorney, provided an explanation of the item and requested the council waive the first reading and introduce Ordinance No. 24-1042. 24-1042.pdf
Waive first reading and introduce Ordinance No. 23-1042, Amending Section 2.08 to change the title of the City Administrator to City Manager and to update the entire city code to change all references to the City Administrator to the City Manager Moved by Herrera; seconded by Brown 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: Item 12A heard prior to Item 9A.

13. CITY ADMINISTRATOR'S REPORTS:

13.A Department Reports
Mayor McCourt opened this item and requested department heads and key staff to provide an update on what is currently going on within their departments.

14. FUTURE COUNCIL ITEMS:

14.A Future Council Items
No comments or future items added.
240207 Future Items List.pdf

15. ADJOURNMENT:

Councilmember Schuster requested the meeting be adjourned at 7:06pm. __________________________
Quincy McCourt, Mayor
______________________________
Heidi Whitlock, City Clerk
6 AGENDA ITEM NO. 6.B
Action Item
Submitted By: Alicia Cordova, Finance
Action Date: February 21, 2024
SUBJECT: Vendor and payroll warrants
PRESENTED BY: Chandra Jabbs, Finance Manager
SUMMARY: Warrants dated January13, 2024 through February 9, 2024 numbered 220097-220101, 220160-220317.

FISCAL IMPACT: Accounts Payable vendor warrants totaling $787,881.15, plus $853,574.02 in payroll warrants, for a total of $1,641,455.17.

ACTION REQUESTED: Motion to receive and file

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
01-18-24.pdf
01-25-24.pdf
01-31-24.pdf
02-01-24.pdf
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26 CITY OF SUSANVILLE Check Register - Payments by Vendor Page: 1 Check Issue Dates: 1/31/2024 - 1/31/2024 Jan 31, 2024 11:51AM Report Criteria:

Report type: GL detail
Check.Voided = False
GL Check Check Vendor Description Invoice Inv GL Account GL Account Title Seq Check Period Issue Date Number Number Payee Number Seq No Amount Amount 01/24 01/31/2024 220246 728 U.S. POSTMASTER UB BILLING GAS 01312024 1 7401-430-62-46 POSTAGE 275.35 275.35 01/24 01/31/2024 220246 728 U.S. POSTMASTER UB BILLING WATER 01312024 2 7110-430-42-46 POSTAGE 534.52 534.52 Total 01312024: 809.87 809.87
Grand Totals: 809.87 809.87
M = Manual Check, V = Void Check
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45 AGENDA ITEM NO. 6.C
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: February 21, 2024
SUBJECT: Consider Resolution No. 24-6274, authorizing the Mayor to execute the Annual Certificate of Army Material Status for the UH-1 Huey Helicopter, Serial Number 66-16374 and the AH-1 Cobra Helicopter, Serial Number 67-15684 located at the Susanville Municipal Airport.

PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: The City has a UH-1 Huey Helicopter and a AH-1 Cobra Helicopter for static display at the Susanville Municipal Airport. The city must furnish an annual certification with current photographs of each static display certifying that the equipment is still in the possession of the city and being displayed in the same manner and condition as identified by the United States Army.

FISCAL IMPACT: None.

ACTION REQUESTED: Motion to approve Resolution No. 24-6274, authorizing the Mayor to execute the Annual Certificate of Army Material Status for the UH-1 Huey Helicopter, Serial Number 66-16374 and the AH-1 Cobra Helicopter, Serial Number 67-15684 located at the Susanville Municipal Airport.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:

Cobra Annual Certification.pdf
Huey Annual Certification.pdf
24-6274.pdf
46 ANNUAL CERTIFICATION OF ARMY MATERIEL STATUS
ADPO S-1, December 2019
SECTION I – ORGANIZATION INFORMATION

1. Organization Name: 2. City: 3. State:

SECTION II – EQUIPMENT INFORMATION
In accordance with the Conditional Deed of Gift for:

1. ________________________________________________________________________________________________ 2. _______________________________ Equipment Type Serial Number
Under the terms of Public Law 10 USC §2572, I certify that the aforementioned equipment:
(Check Only One)
is still required, displayed and maintained in a clean and safe condition, so its appearance reflects favorably on the military.
is in poor condition. Restoration to upgrade the appearance of the item will begin ____________________ and is expected to be completed _______________________. no longer required. Please send disposition instructions.

A CURRENT COLOR PICTURE is required. Include and submit no later than agreed upon annual date.

SECTION III – REMARKS
Remarks:________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ SECTION IV – ACKNOWLEDGEMENT
I hereby certify that to the best of my knowledge and belief that all statements above are true, correct, complete and made in good faith. I understand and acknowledge that concealing material fact and/or making a false statement is a violation of Title 18 USC§1001 and may result in the cancellation of the Conditional Deed for any US Army property on loan to my organization and is punishable by fine or imprisonment.

1. Signature of Highest Ranking Official: 2. Date Signed:

3. Printed Name of Person Signing (First, Middle Initial, Last):

4. Organization Telephone Number: 5. Organization Email Address:

SECTION V – NOTARY ENDORCEMENT

1. Official Notary Signature: 2. Notary Seal/Stamp:

Mail to: US Army Tank-Automotive and Armaments Command, ATTN: AMTA-LCL-IFD, M/S 419D, 6501 East 11 Mile Road, Detroit Arsenal, MI 48397-5000
47 ANNUAL CERTIFICATION OF ARMY MATERIEL STATUS
ADPO S-1, December 2019
SECTION I – ORGANIZATION INFORMATION

1. Organization Name: 2. City: 3. State:

SECTION II – EQUIPMENT INFORMATION
In accordance with the Conditional Deed of Gift for:

A CURRENT COLOR PICTURE is required. Include and submit no later than agreed upon annual date.

1. Signature of Highest Ranking Official: 2. Date Signed:

3. Printed Name of Person Signing (First, Middle Initial, Last):

4. Organization Telephone Number: 5. Organization Email Address:

SECTION V – NOTARY ENDORCEMENT

1. Official Notary Signature: 2. Notary Seal/Stamp:

Mail to: US Army Tank-Automotive and Armaments Command, ATTN: AMTA-LCL-IFD, M/S 419D, 6501 East 11 Mile Road, Detroit Arsenal, MI 48397-5000
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28 RESOLUTION No. 24-6274

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

AUTHORIZING MAYOR TO EXECUTE ANNUAL CERTIFICATION OF ARMY MATERIAL STATUS FOR THE UH-1 HUEY HELICOPTER, SERIAL NUMBER 66-16374 AND THE AH-1 COBRA HELICOPTER, SERIAL NUMBER 67-15684 FOR STATIC DISPLAY

LOCATED AT THE SUSANVILLE MUNICIPAL AIRPORT
WHEREAS, at its December 7, 2001 meeting the City Council authorized the Mayor to execute a Conditional Deed of Gift accepting responsibility for the UH-1 Huey Helicopter, Serial Number 66-16374 for static display at the Susanville Municipal Airport; and WHEREAS, at its August 7, 2002 meeting the City Council authorized the Mayor to execute a Conditional Deed of Gift accepting responsibility for the AH-1 Cobra Helicopter, Serial Number 67-15684 for static display at the Susanville Municipal Airport; and WHEREAS, one of the requirements of the Conditional Deed of Gift is that the City must furnish a notarized statement with a current photograph annually certifying that the equipment is still in the possession of the City and is being displayed in the same manner and condition as indicated by the original photograph.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby authorizes the Mayor to execute the Annual Certification of Army material Status for the UH-1 Huey Helicopter, Serial Number 66-16374 and the AH-1 Cobra Helicopter, Serial Number 67-15684 for static display at the Susanville Municipal Airport.

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 21st day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _________________________________
Margaret Long, City Attorney
49 AGENDA ITEM NO. 6.D
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: February 21, 2024
SUBJECT: Consider Resolution No. 24-6275, authorizing the Mayor to execute annual certification of Army Material Status for the GPF M1917/18 Series Gun, Serial Number 884 for static display located at the Susanville Memorial Park
PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: The city has a GPF M1917/18 Series Gun for static display at Susanville Memorial Park. The city must furnish a notarized statement, current photographs and a certification annually, certifying that the equipment is still in the possession of the city and being displayed in the same manner and condition as indicated in the original conditional deed of gift.

FISCAL IMPACT: None
ACTION REQUESTED: Motion to approve Resolution No. 24-6275, authorizing the Mayor to execute annual certification of Army Material Status for the GPF M1917/18 Series Gun, Serial Number 884 for static display located at the Susanville Memorial Park

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:

GPF m1917_18 Series Gun.pdf
24-6275.pdf
50 ANNUAL CERTIFICATION OF ARMY MATERIEL STATUS
ADPO S-1, December 2019

SECTION I ORGANIZATION INFORMATION

1. Organization Name: 2. City: 3. State:

SECTION II EQUIPMENT INFORMATION
In accordance with the Conditional Deed of Gift for:

1. ________________________________________________________________________________________________ 2. _______________________________ Equipment Type Serial Number Under the terms of Public Law 10 USC §2572, I certify that the aforementioned equipment:
(Check Only One)
is still required, displayed and maintained in a clean and safe condition, so its appearance reflects favorably on the military.
is in poor condition. Restoration to upgrade the appearance of the item will begin ____________________ and is expected to be completed _______________________. no longer required. Please send disposition instructions.

A CURRENT COLOR PICTURE is required. Include and submit no later than agreed upon annual date.

SECTION III REMARKS
Remarks:________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ SECTION IV ACKNOWLEDGEMENT I hereby certify that to the best of my knowledge and belief that all statements above are true, correct, complete and made in good faith. I understand and acknowledge that concealing material fact and/or making a false statement is a violation of Title 18 USC§1001 and may result in the cancellation of the Conditional Deed for any US Army property on loan to my organization and is punishable by fine or imprisonment.

1. Signature of Highest Ranking Official: 2. Date Signed:

3. Printed Name of Person Signing (First, Middle Initial, Last):

4. Organization Telephone Number: 5. Organization Email Address:

SECTION V NOTARY ENDORCEMENT

1. Official Notary Signature: 2. Notary Seal/Stamp:

Mail to: US Army Tank-Automotive and Armaments Command, ATTN: AMTA-LCL-IFD, M/S 419D, 6501 East 11 Mile Road, Detroit Arsenal, MI 48397-5000
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28 RESOLUTION NO. 24-6275

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

AUTHORIZING MAYOR TO EXECUTE ANNUAL CERTIFICATION OF ARMY MATERIAL STATUS FOR THE GPF M1917/18 SERIES GUN, SERIAL NUMBER 884 LOCATED

AT SUSANVILLE MEMORIAL PARK
WHEREAS, at its December 17, 2008 meeting the City Council authorized the Mayor to execute a Conditional Deed of Gift accepting responsibility for the GPF M1917/18 Series Gun, Serial Number 884; and
WHEREAS, one of the requirements of the Conditional Deed of Gift is that the City must furnish a notarized statement with a current photograph annually certifying that the equipment is still in the possession of the City and is being displayed in the same manner and condition as indicated by the original photograph.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby authorizes the Mayor to execute Annual Certification of Army Materiel Status for the GPF M1917/18 Series Gun, Serial Number 884 located at Susanville Memorial Park.

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 21st day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: ________________________
Margaret Long, City Attorney
52 AGENDA ITEM NO. 6.E
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: February 21, 2024
SUBJECT: Consider Resolution No. 24-6276, authorizing the Mayor to execute the 2024 Loan Agreement between the National Museum of the United States Air Force and the City of Susanville for the Phantom Jet F-4C (RF) on loan for static display at the Susanville Municipal Airport PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: The City has had the Phantom Jet F-4C on loan for static display at the Susanville Municipal Airport from the Museum of the Unites States Air Force (NMUSAF) since 1995. As a requirement, the City must renew the loan agreement on an annual basis and provide pictures of the jet and proof of insurance.

FISCAL IMPACT: The NMUSAF values the Phantom Jet at $22,000 which the City covers under it's insurance policy
ACTION REQUESTED: Motion to approve Resolution No. 24-6276, authorizing the Mayor to execute the 2024 Loan Agreement between the National Museum of the United States Air Force and the City of Susanville for the Phantom Jet F-4C (RF) on loan for static display at the Susanville Municipal Airport

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:

Phantom Jet 2024_2029 agreement.pdf
24-6276.pdf
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RESOLUTION No. 24-6276

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE AUTHORIZING THE MAYOR TO EXECUTE 2024 LOAN AGREEMENT BETWEEN THE

NATIONAL MUSEUM OF THE UNITED STATES AIR FORCE (NMUSAF) AND THE CITY FOR THE PHANTOM JET F-4C (RF) ON LOAN FOR STATIC DISPLAY AT THE

SUSANVILLE MUNICIPAL AIRPORT
WHEREAS, The City of Susanville has had a Phantom Jet F-4C (RF) on loan from the National Museum of the United States Air Force (NMUSAF) since 1995 for static display at the Susanville Municipal Airport; and
WHEREAS, as a requirement the City must renew the loan agreement on an annual basis providing pictures and proof of insurance; and
WHEREAS, the NMUSAF values the jet at $22,000 which the City covers under its insurance policy.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Susanville, that the Mayor is authorized to execute the 2024 Loan Agreement with the National Museum of the United States Air Force (NMUSAF) for the Phantom Jet F-4C (RF) for the static display at the Susanville Municipal Airport.

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 21st day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Heidi Whitlock, City Clerk

APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
71 AGENDA ITEM NO. 6.F
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: February 21, 2024
SUBJECT: Consider Resolution No. 24-6277, approving second amendment to the Land Lease Agreement between the city of Susanville and United Parcel Service, Inc. (UPS)
PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: UPS utilizes an area of land for their activities at the Airport. The existing Lease Agreement is set to expire on November 30, 2024.

Staff has been negotiating with UPS and have agreed to an increase from $1,200.00 to $1,253.75 in consideration of the land area that UPS is utilizing.

FISCAL IMPACT: Increase revenue to Airport budget of $645.00.

ACTION REQUESTED: Motion to approve Resolution No. 24-6277, approving second amendment to the Land Lease Agreement between the city of Susanville and United Parcel Service, Inc. (UPS)

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:

Second Land Lease Amendment _122024.doc
24-6277.doc
24-6277.pdf
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FIRST AMENDMENT TO THE LAND LEASE AGREEMENT

BETWEEN

THE CITY OF SUSANVILLE
AND
UNITED PARCEL SERVICE, INC.

THIS SECOND AMENDMENT TO THE LAND LEASE AGREEMENT (“Amendment”) is made and entered into as of DECEMBER 1, 2024, by and between the City of Susanville (“Lessor”), and United Parcel Service, Inc., an Ohio Corporation (“Lessee”).

WHEREAS, Lessor and Lessee entered into a Land Lease Agreement on the 20th day of September, 2006, whereby Lessor and Lessee set forth their agreements with respect to the leasing of certain property as described therein; and WHEREAS, the parties desire to amend the Land Lease Agreement by extending the term, granting Lessee an option to renew the term, and increasing the rent.

NOW, THEREFORE, in consideration of the premises and the mutual covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Section 2 (Term) of the Land Lease Agreement is hereby amended by extending the term of the lease for an additional term of three years, beginning December 1, 2024, and ending on November 30, 2027.

2. Lessor hereby grants Lessee an option to renew the Land Lease Agreement for two additional three-year terms, in accordance with the City’s established ground lease rental rates which increase annually based on the change in the Consumer Price Index, United States average on all items and commodity groups, issued by the Bureau of Labor Statistics of the United States (“CPI-U”). To exercise this option, Lessee must notify Lessor in writing of its election to exercise such option at least ninety days prior to the expiration of the then existing term. Upon exercising this option, the rent shall be adjusted annually by the change, if any, in the CPI over the preceding twelve-month period.

3. Section 3 (Rent) of the Land Lease Agreement is hereby amended by increasing the annual rent to fifteen-thousand, forty-five dollars ($15,045.00), payable in monthly installments of one-thousand, two-hundred dollars ($1,253.75), each payable in advance on or before the first day of each calendar month, prorated if other than for a whole month.

4. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The partially executed signature page of any counterpart of this 73 2
Amendment may be attached to any other partially executed counterpart of this Amendment without impairing the legal effect of the signature(s) on such signature page. Pdf copies of the executed signature pages transmitted by e-mail with electronic signatures such as those applied by DocuSign shall be effective and binding upon the parties as if such signatures were original signatures.

In all other respects, the terms of the Land Lease Agreement remain unchanged and in full force and effect.
[signature page follows]
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IN WITNESS WHEREOF, the parties hereby have caused this Amendment to be executed on this 1st day of December, 2024.

CITY OF SUSANVILLE: UNITED PARCEL SERVICE, INC., an Ohio:
corporation
By: ___________________________ By: ______________________________ Name: ___________________________
Title.: _________________ _
Date: ________________________ Date: ____________________________ Approved as to form:

By: ___________________________
Margaret E. Long
City Attorney
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28 RESOLUTION NO. 24-6277

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

APPROVING SECOND AMENDMENT TO THE LAND LEASE AGREEMENT
BETWEEN THE CITY OF SUSANVILLE AND UNITED PARCEL SERVICE, INC. (UPS) WHEREAS, UPS rents land at the Susanville Municipal Airport for the operation of a UPS loading/transfer center; and
WHEREAS, the existing land lease expires on November 30, 2024; and WHEREAS, in consideration of the land area used, UPS has agreed to an increase in rent from $1,200.00 to $1,253.75.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the city of Susanville hereby authorizes the second amendment to the Land Use Agreement Between the city of Susanville and UPS and further authorizes the Mayor to execute said amendment.

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 21st day of February 2024 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. 24-6277

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
77 AGENDA ITEM NO. 9.A
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: February 21, 2024
SUBJECT: Consider Resolution No. 24-6278, terminating Airport Hangar Land Lease Agreement, Hangar #29 with Bill Meyers and authorizing Mayor to execute an Airport Ground Lease Agreement for Hangar #29 with Aerialfire Support LLC.

PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: On February 7, 2024, the City Council was presented with the option of purchasing Hangar #29, owned by Bill Meyers for the amount of $90,000. The City has first right of refusal, and Council declined the purchase of Hangar #29. Bill Meyers has sold Hangar #29 to Aerialfire Support LLC. for the price of $90,000 and Aerialfire Support LLC. has taken possession of the hangar and is therefore required to execute a new Airport Ground Lease Agreement with the City of Susanville.

Hangar #29 is 3,000 square feet and the current rate per square feet for land lease agreements is $0.42 per square feet.

FISCAL IMPACT: Annual revenue of $1,260.00 ($0.42/sq ft @ 3,000 sq ft) ACTION REQUESTED: Motion to approve Resolution No. 24-6278, terminating Airport Hangar Land Lease Agreement, Hangar #29 with Bill Meyers and authorizing Mayor to execute an Airport Ground Lease Agreement for Hangar #29 with Aerialfire Support LLC.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:

Hangar 29 Bill of Sale.pdf
24-6278.pdf
Ground Lease #29_Aerialfire Support LLC.pdf
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RESOLUTION NO. 24-6278

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE TERMINATING AIRPORT HANGAR LAND LEASE AGREEMENT, HANGAR #29 WITH

BILL MEYERS AND AUTHORIZING MAYOR TO EXECUTE AN AIRPORT GROUND LEASE AGREEMENT, HANGAR #29 WITH AERIALFIRE SUPPORT, LLC WHEREAS, Page 2, Paragraph 3 of the Airport Hangar Land Lease Agreement, Hangar #29 requires the Lessee to first submit an offer in writing to the City to sell said Leased Premises and improvements to the City for the same amount as any bona fide offer received by Lessee or for the fair market value, as the case may be; and WHEREAS, on February 7, 2024, Bill Meyers offered to sell his interest in Hangar #29 to the City for $90,000.00; and
WHEREAS, at its February 7, 2024 meeting, the City Council of the City of Susanville rejected purchase of Hangar #29 owned by Bill Meyers; and WHEREAS, on February 21, 2024 Bill Meyers sold his interest in Hangar #29 to Aerialfire Support LLC. for $90,000.00; and
WHEREAS, the Airport Hangar Land Lease Agreement, Hangar #29 held by Bill Meyers needs to be terminated and a new Airport Ground Lease Agreement, Hangar #29 needs to be executed by Aerialfire Support LLC., as the new owners.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby authorizes the termination of Airport Hangar Land Lease Agreement, Hangar #29 held by Bill Meyers and further authorizes the execution of a new Airport Hangar Land Lease Agreement as required with Aerialfire Support, LLC. as the new owner of Hangar #29.

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 21st day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
80 Lease updated on 170405

AIRPORT HANGAR GROUND LEASE AGREEMENT

HANGAR OWNED BY LESSEE
THIS LEASE, made this 21 day of February 2024, between the CITY OF SUSANVILLE, a municipal corporation, organized and existing under the laws of the State of California, hereinafter referred to as "Lessor", and Aerial Fire Support LLC. mailing address: 9180 Bramley Terrace, Fort Meyers FL, 33936 County of Lassen, State of California, hereinafter referred to as "Lessee", on the following terms and conditions:

1. Lessor does hereby lease to Lessee, for a term of seventeen (17) years from the date hereof, unless sooner terminated as set forth herein, a certain parcel of land described a Hangar Lot #29, hereinafter referred to as the "Leased Premises", located at the Susanville Municipal Airport and legally described as follows:

SEE EXHIBIT "A" ATTACHED HERETO
(a) Lessee shall provide a hangar building plan for approval prior to any Lease execution for use as an airplane hangar. Completion of said hangar shall be no more than eighteen (18) months from the date of execution of lease. The rent shall be $.49 per square foot per year, for the area including the space occupied by the hangar only which rent is payable in 12 equal installments monthly in advance on the first day of each and every month. Said rent shall be increased on an annual basis as set forth below. (b) Commencing on July 1st following the commencement date of this lease agreement, and continuing each year thereafter (“the Rent Adjustment Date”) the rent set forth in Section 1(a) above shall be subject to adjustment as follows: The Consumer Price Index for All Urban Consumers, West Region, for West City Classes B/C, published by the Bureau of Labor Statistics, United States Department of Labor for all items (“index”) in effect on January 1, 2005 shall be the Base Index. For each Rent Adjustment Date, the Index in effect immediately before that Rent Adjustment Date (“the Adjustment Index”), shall be used for purposes of calculating the amount of adjustment, if any. If the Adjustment Index has increased over the Base Index, the rent payable for the following year and until the next Rent Adjustment Date shall be increased by the same percentage as the Adjustment Index bears to the Base Index. (c) In no event shall the monthly rent be decreased below the amount specified under Section 1(a). (d) If the Consumer Price Index, as now constituted, compiled, and published, shall cease to be compiled and published during the term of this lease, or is calculated on a significantly different basis following the date of this lease, the most comprehensive official Index published that most closely approximates the rate of inflation shall be used for purposes of computing adjustments under this lease. City’s determination as to which official Index to then use shall be final and binding on Lessee. (e) Any rent due for the portion of the month this Lease commences shall be prorated for that month.

Lessee is granted the unlimited lawful right of ingress and egress from the Leased Premises. Lessor hereby reserves a utility easement, including but not limited to, the right to construct, install, place and maintain utility lines for all customary utility services under, over, across, and through the Leased Premises at such locations as Lessor shall require.
(f) In the event Lessee chooses to conduct business from hangar, Lessee will also be subject to Exhibit “C” Operator Agreement and “C1” Minimum Standards for Commercial Operator. If Lessee enters into a sublease with sublessee, and sublessee conducts business from hangar, sublessee is subject to Exhibit “C” Operator Agreement and “C1” Minimum Standards for Commercial Operator. 81 Lease updated on 170405

2. Lessee shall use the hangar for the storage of aircraft(s) owned or leased by Lessee and shall be in compliance with current FAA Policies including Policies on Non-aeronautical Use of Airport Hangars. In the event Lessee desires to sublease the hangar, then Lessee must obtain the written permission of Lessor, must provide a copy of a written sublease agreement to Lessor within thirty (30) days of execution and said sublessee will be required to provide insurance as specified herein. In the event of such sublease, the sublessee shall also be in compliance with current FAA Policies including Policies on Non-aeronautical Use of Airport Hangars; Lessee shall pay to Lessor as additional rent an amount equal to twenty percent (20%) of the amount charged by Lessee to Lessee’s sublessee, as stated in the sublease agreement, or $20.00, whichever is greater. If any provisions of this paragraph 2 is violated, Lessee shall forfeit this Lease. Lessor shall be notified in writing requesting Lessor’s approval in the event Lessee desires to enter into a sublease.

3. The primary purpose of a hangar shall be for the storage of aircraft and the aircrafts’ aeronautical related items. If the hangar is serving its primary purpose, non-aeronautical items can be permitted, at the discretion of the Lessor, if those items do not affect the hangars’ primary use. Storage of household items that could be stored in commercial storage facilities is not permissible per FAA guidelines. Residential developments, including living quarters for permanent or long-term use, is incompatible with airport operations and conflicts with grant assurance requirements as well as current zoning laws.

4. Lessee hereby agrees that should Lessee desire to sell or transfer Lessee's interest hereunder and the improvements on said Leased Premises, Lessee shall first submit an offer in writing to Lessor to sell said Leased Premises and improvements to Lessor for the same amount as any bona fide offer received by Lessee in connection therewith, or for the fair market value, as the case may be. Lessee's written offer to Lessor shall be submitted to the City Clerk of the City of Susanville, at least fifteen (15) days prior to a regularly scheduled meeting of the City Council of the City of Susanville, and the City Council shall have thirty (30) days after said meeting within which to accept or reject the offer. In the event that the City Council does not act within that period of time, the offer will be deemed rejected.

Should Lessor reject the offer, Lessee may sell the hangar and assign Lessee's rights under this Lease, at the same price as offered to the Lessor, and shall, within fifteen (15) days prior to sale, notify Lessor in writing requesting City approval.

5. This Lease does not confer upon the Lessee the right to infringe on any of the commercial rights granted to any other person by the City of Susanville. This Lease is not a Fixed Base Operator or Commercial Operator Agreement.

6. Upon expiration of this Lease, Lessee shall have the right to remove said airplane hangar from said airport within ninety (90) days. Lessee shall continue to pay the rent then in effect during said ninety-day period. In the event the hangar is not moved off the airport within the ninety (90) days, said hangar shall become the property of the City of Susanville. Any holding over by Lessee past the term of this Lease shall not be deemed a renewal or extension of the term of this Lease.

7. In the event the Master Plan for the Susanville Municipal Airport, or any amendments thereto, requires the Leased Premises for other use or uses, Lessor will furnish to said Lessee at another site on the same airport, an equivalent amount of land for hangar relocation. Any relocation of Lessee’s hangar shall be at Lessee’s sole cost and expense.

8. Should the Master Plan for the Susanville Municipal Airport, or any amendments thereto, require moving of Lessee's hangar, such relocation shall not be required until the City of Susanville places the Master Plan into effect, and only when the City Council has agreed that the Master Plan is feasible 82 Lease updated on 170405
and should be placed into operation. Any relocation of said hangar, however, shall be made so as not to interfere with any construction or other work occurring under the Master Plan. All cost of hangar relocation shall be the responsibility of Lessee.

9. Any hangar constructed on the Leased Premises shall meet the California Building Standards Code, California Fire Code, National Fire Protection Agency (NFPA) Codes and City Airport Standards as adopted by the City of Susanville and shall have the exterior walls and roof of metal or other fire resistant material to be approved by the Building Official of the City; Lessee shall keep Lessee's hangar in a state of good repair, operable doors and windows and able to be properly secured with damage promptly repaired and in such a condition as to not create a fire hazard or a public nuisance. Lessee's hangar may be inspected by the City of Susanville, designated agent, at all reasonable times, and Lessee shall, within fifteen (15) days of being notified that a condition exists in the hangar which in the opinion of the City is a fire hazard or danger to the public health and safety, remedy such condition; if Lessee fails to do so, Lessor may do so at the expense of the Lessee.

10. Lessee shall keep the Leased Premise free and clear of inflammable or combustible vegetation or other materials.

11. If Lessee has not yet constructed a hangar on the premises, Lessee shall commence construction of a hangar within six (6) months from the date the Lease is executed or from the date of such demolition or removal, and finish construction within twelve (12) months from the date the Lease is executed. Failure to comply with the provisions of this paragraph shall result in the immediate termination of this Lease.

12. Lessee shall pave a concrete or asphalt apron at the airplane entrance door from the hangar building to the existing taxiway/runway.

13. Standards, rules, and regulations of City of Susanville Ordinance 87-697, as shown in Exhibit “D”, or any amendments thereto, are incorporated herein by reference and shall also govern Lessee’s use of the Leased Premises.

14. Lessee covenants and agrees that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease, for a purpose for which a Federal Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

15. Lessee further agrees and covenants that (1) no person on the grounds of race, color, gender or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such premises and the furnishing of services thereon, no person on the grounds of race, color, gender or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
83 Lease updated on 170405

16. That in the event of breach of the above nondiscrimination covenants, Lessor shall have the right to terminate the Lease and to reenter and repossess said Leased Premises and the facilities thereon, and hold the same as if said Lease had never been made or issued. This paragraph does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.

17. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or view of the Lessee and without interference or hindrance.

18. Lessor reserves the right, but shall not be obligated to the Lessee, to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard.

19. This Lease shall be subordinate to the provisions and requirements of any existing or further agreements between the Lessor and the United States, relative to the development, operation or maintenance of the airport.

20. There is hereby reserved to the Lessor, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein leased. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation on the Susanville Municipal Airport.

21. The lessee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the (leased, licensed, permitted) premises or in the event of any planned modification or alteration of any present or future building or structure situated on the leased premises. This requires the submission of FAA Form 7460-1, Notice of Construction or Alteration to the FAA.

The lessee by accepting this lease agreement expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or building nor permit object of natural growth or other obstruction on the land leased hereunder above a height as determined by the application of the requirements of Title 14 CFR Part 77. In the event the aforesaid covenants are breached, the owner reserves the right to enter upon the land hereunder and to remove the offending structure or object or cut the offending natural growth, all of which shall be at the expense of the lessee.

It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of U.S. Code 40103 (e) and 47107(a)(4).

The lessee will furnish services on a reasonable and not unjustly discriminatory basis to all users, and charge reasonable and not unjustly discriminatory prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. (In accordance with Grant Assurance #22.b, this provision must be included in any agreement, contract, lease, license, permit to engage in any aeronautical activity at the airport.)
The lessee will conform to airport and Federal Aviation Administration safety and security rules and regulations regarding use of the airport operations area including runways, taxiways, aircraft aprons by vehicles, employees, customers, visitors, etc. in order to prevent security breaches and avoid aircraft incursions and vehicle/pedestrian deviations; will complete and pass airfield safe driving instruction 84 Lease updated on 170405
program when offered or required by the airport; and will be subject to penalties as prescribed by the airport for violations of the airport safety and security requirements.

22. Lessee agrees not to make use of the Leased Premises in any manner which might interfere with the landing and taking off of aircraft from the Susanville Municipal Airport, or that would otherwise constitute a hazard.

23. Lessee shall not use, or store, any petroleum products except small quantities for Lessee's personal use. Lessee shall not dispose on the Leased Premises any petroleum products, or any material or substances now or hereafter classified as hazardous or toxic under any federal, state, or local law, ordinance, regulation, rule, or order which is now or at any time during the term of this Lease applicable to the Leased Premises or Lessee's use and occupation thereof. Notwithstanding the foregoing, Lessor acknowledges and agrees that the presence of fuel, oil and grease located within the proper receptacles of any aircraft properly stored on the Leased Premises shall not be considered a violation of this section.

24. Lessee hereby agrees to indemnify and hold harmless Lessor from any and all claims, demands, and causes of action, including costs and attorneys' fees, including any litigation in connection with the defense of any claim, demand, or cause of action arising out of or resulting from any hazardous, toxic, or petroleum substance, material, or waste, unless caused by the intentional or otherwise tortuous act or omissions of the Lessor. Upon receiving notice of any such claim, demand, or cause of action, Lessee shall, at Lessee's sole cost and expense, immediately cure or commence to cure the problem by taking all action prescribed by applicable federal, state, and local laws, regulations, ordinances, and orders. Lessee's obligation to indemnify Lessor set forth in this paragraph shall survive the expiration or earlier termination of this Lease.

25. This Lease and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said airport or the exclusive or non-exclusive use of the airport by the United States during the time of war or national emergency.

26. Upon the date of this Lease, Lessee shall procure and maintain liability insurance of at least $150,000.00 for one (1) person, $250,000.00 per occurrence, and property damage insurance of $100,000.00; provided, however, Lessor may impose additional coverage requirements in amounts to be determined by resolution of the Susanville City Council, and upon adoption of said resolution, Lessee shall have thirty (30) days from written notice thereof to comply with the additional requirements. A Certificate of Insurance evidencing such coverage and naming Lessor, its officers, agents, and employees as additional insureds, shall be filed with the Susanville City Clerk. Said Certificate of Insurance shall guarantee at least ten (10) days advance notice to Lessor, in writing, of any cancellation or reduction of such insurance.

27. A breach by Lessee of any of the terms of this Agreement constitutes a default. In the event of a default, Lessor may at its option terminate Lessee's right to possession of the Leased Premises at any time by any lawful means, including, but not limited to, rights pursuant to Civil Code Section 1159 et seq., as the same may be amended from time to time. No act of Lessor other than by giving written notice to Lessee shall terminate this Lease. In the event of termination of this Lease by Lessor, Lessee shall immediately surrender possession of the Leased Premises to Lessor. In the event of termination of this Lease, Lessor shall be entitled to recover the following amounts from Lessee:
(a) The amount of the unpaid rent accrued through the date of termination of this Lease; 85 Lease updated on 170405
(b) The excess of the amount of rent which accrues between the date of termination of this Lease and the date of the award over the amount of the loss of rent that Lessee proves could have reasonably been avoided.
(c) The present value, on the date of the award, of the excess amount of rent which accrues between the date of the award and the expiration of the term of this Lease over the amount of the loss of rent that Lessee proves could reasonably be avoided, with the present value computed by using an interest rate equal to that which comparable properties earn on the date of the award; and (d) Any other amount, including court costs, reasonable attorneys' fees, and costs of taking possession of and reletting the Leased Premises necessary to compensate Lessor for all detriment proximately caused by Lessee's default.

In addition to the foregoing rights, Lessor shall have all other rights set forth in this Lease, including but not limited to the right to possession and ownership of the hangar if it is not removed ninety (90) days after the date of termination of this Lease.

28. FAA Grant Assurances: Lessee acknowledges and agrees that Lessor has entered into certain Grant Agreements with the FAA, conditions of which require that all parties leasing property from Lessor agree to be bound by certain sponsor's assurances given by Lessor to the United States Government under the Airport and Airway Improvement Act of 1982, as the same may be amended from time to time.

Accordingly, Lessee on behalf of itself, its heirs, personal representatives, successors, and assigns, as additional consideration for the lease of the Leased Premises from Lessor, does hereby covenant and agree for the term of this Lease to be bound by the provisions set forth in Exhibit “B” (Sponsors Assurances) attached hereto and incorporated herein by reference.

This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between Lessor and the United States Government or any authorized agency thereof, by which Lessor obtains federally owned surplus property or federal aid for the development, operation, and/or maintenance of the Susanville Municipal Airport. In the event that the FAA or any other federal agency requires modifications or changes in this Lease as a condition for the granting of funds for the improvement of lands and improvements covered by its laws, rules, or regulations, Lessee agrees to consent to the amendments, modifications, revisions, supplements, or deletions of any of the terms, conditions, or requirements of this Lease, as may be required to obtain such funds except, however, that in no event will Lessee be required, pursuant to this section, to agree to any increase in the rents or fees provided for in this Lease. In the event Lessee refuses or fails to consent to the amendments, modifications, revisions, supplements, or deletions submitted to Lessee by Lessor pursuant to the provisions of this Section within thirty (30) days after receipt of the documents evidencing the changes, then this Lease shall be deemed to be amended and/or modified to comply with said changes as though the documents had been signed by all parties.

29. In the event any action, suit or proceeding is brought to collect the rent, fees, charges, or billings due or to become due hereunder, or any portion thereof, to take possession of the Leased Premises, and/or to enforce compliance with this Lease, the prevailing party shall be entitled to reasonable attorneys’ fees and court costs.

30. Lessee shall occupy and use the Leased Premises only for the uses and purposes authorized herein. Lessor's grant of the privileges hereunder are not exclusive and Lessor reserves the right to lease other airport property to other individuals and entities for the same uses and privileges granted hereby, or for other uses and purposes.
86 Lease updated on 170405

31. The property interest herein granted to Lessee may be subject to property taxation of the possessory interest created thereby, and, if created, Lessor, by reason of said possessory interest, may be subject to the payment of property taxes levied on said interest. In the event said taxes are so levied, Lessee shall be responsible for payment thereof. Lessee shall pay promptly all lawful taxes and assessments which may be levied by any federal, state, county, city or other tax levying body of any taxable interest of Lessee hereunder, whether on real or personal property of Lessee.

32. This (lease, license, permit, etc.) shall be subordinate to the provisions and requirements of any existing or future agreement between the airport owner/sponsor and the United States, relative to the development, operation, or maintenance of the airport. Failure of the (lessee, licensee, permittee) or any occupant to comply with the requirements of any existing or future agreement between the lessor and the United States, which failure shall continue after reasonable notice to make appropriate corrections, shall be cause for immediate termination of (lessee’s, licensee, permittee’s) rights hereunder.

33. The terms hereof shall be binding on the heirs, successors and assigns of the parties hereto.

This Lease cannot be transferred or assigned without Lessor's prior written approval.

IN WITNESS WHEREOF, the said Lessor by Resolution No. ________ of the City Council of the City of Susanville, has caused this Lease to be executed by the Mayor and the Clerk, and the said Lessee has executed this Lease the day and year first above written.

CITY OF SUSANVILLE
LESSOR:
________________________________
Quincy McCourt, Mayor
Attest:
__________________________
Heidi Whitlock, City Clerk LESSEE:
________________________________
Type Name:
________________________________
Type Name:
(If a corporation, a corporate resolution authorizing signature must be attached).

Approved as to Form:
__________________________
Margaret Long, City Attorney
87 Lease updated on 170405
EXHIBIT “B”
Airport Sponsors Assurances
A. General.

1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.

2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term “sponsor” includes both public agency sponsors and private sponsors.

3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement.

B. Duration and Applicability.

1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.

2. Airport Development or Noise Compability Program Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility, or the useful life of the facilities developed, or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.

3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions and assurances of the grant agreement shall remain in full force and effect during the life of the project.

C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:

1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following:
88 Lease updated on 170405
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq. 1
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.C. 1501, et seq. 2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq. 1 2
f. National Historic Preservation Act of 1966-Section 106-16 U.S.C. 470(f). 1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. 1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. 1
l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et seq. 1 r. Power plant and Industrial Fuel Use Act of 1978 - Section 403 - 2 U.S.C. 8373. 1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. 1 t. Copeland Anti-kickback Act - 18 U.S.C. 874. 1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. 1 v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. 2 x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.

Executive Orders
Executive Order 11246 - Equal Employment Opportunity1
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 - Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 12699 - Seismic Safety of Federal And Federally Assisted New Building Construction1
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice for Federally Assisted Airport Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates. 1 e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States. 1
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f. 29 CFR Part 5 - Labor standards provision applicable to contracts covering federally financed and assisted construction (also labor standards provision applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act). 1
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements). 1
h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments. 3 i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantaged Business Enterprise in Airport Concessions.
l. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. 1 2 m. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal financial assistance. 1
o. 49 CFR Part 29 - Government wide debarment and suspension (nonprocurement) and government wide requirements for drug-free workplace (grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. 1
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b. A-133 - Audits of States, Local Governments, and Non-profit Organizations.
1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code.

Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement.

2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official 90 Lease updated on 170405
act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with the application; and to provide such additional information as may be required.

3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control.

4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained.

5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise program implementation project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee, all of the terms, conditions and assurances contained in this grant agreement. 91 Lease updated on 170405
c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise program implementation project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement.
d. For noise program implementation projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a publicuse airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith.

6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.

7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the project may be located.

8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.

9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community. It shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the 92 Lease updated on 170405
project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.

10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty (60) days after the project application has been received by the Secretary.

11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful.

12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under Section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft.

13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.
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14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a - 276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.

15. Veteran’s Preference. It shall include, in all contracts for work on any projects funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.

16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and upon approval by the Secretary, shall be incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be subject to approval by the Secretary and incorporated into the grant agreement.

17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.

18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant.
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f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.

19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions.

Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary.

In furtherance of this assurance, the sponsor will have in effect arrangements for:
(1) Operating the airport's aeronautical facilities whenever required; and
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of this airport.

Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise program implementation items that it owns or controls upon which Federal funds have been expended. 95 Lease updated on 170405

20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.

21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce the compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.

22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:
(1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport 96 Lease updated on 170405
and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.

Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classifications or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.

23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services; and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport.

It further agrees that it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 97 Lease updated on 170405

24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Development Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for users of that airport.

25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982 in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating w3hether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code.

26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operations 98 Lease updated on 170405
and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by a duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:
(i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for
provision of each such service and property.

27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those useable for landing and takeoff of aircraft to the United States for use by government aircraft in common with other aircraft at all times without charge, except, if the use by government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Governmental aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movements of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.

28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weatherreporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.
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29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed non-aviation areas and of all existing improvements thereon.

Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The Sponsor will not make or permit any changes or alteration in the airport or in any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility, or efficiency of the airport. b. If a change or alteration in the airport or its facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities.

30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefitting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where 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 sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the sponsor retains ownership or possession of the property.

31. Disposal of Land.
a. For land purchased under grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States’ share of acquisition of such lane will, at the discretion of 100
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the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States’ share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial selfsufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation on any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with the operation of the airport.

32. Engineering and Design Services. It will award each contract, or subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.

33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.

34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the current FAA Advisory Circulars for AIP project, 101
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dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary.

35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.

36. Access by Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation.

37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part

26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in the award and administration of DOT-assisted contracts.

The recipient’s DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).

38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.

39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in Section 47102 of Title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that; (1) Describes the requests;
(2) Provides an explanation as to why the requests could not be accommodated; and
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Lease updated on 170405
(3) Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1, or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date.
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EXHIBIT “C”

COMMERCIAL OPERATOR'S LICENSE AGREEMENT
THIS AGREEMENT, made this day of , 2021, by and between the CITY OF SUSANVILLE, a municipal corporation and political subdivision of the State of California, hereinafter referred to as “Owner”, and , address:
hereinafter referred to as “Commercial Operator”;

1. Commercial Operator, by this Agreement, is hereby authorized to perform the following activities at the airport:

LIST AUTHORIZED ACTIVITIES

2. The term of this Agreement is for a period of 5 years, from ____________________, 20____ to___________________, 20___ and including .

3. This Agreement includes the provisions of those certain “Minimum Standards for Commercial Operators” adopted by the City of Susanville by Resolution, for general aviation at said Airport, a copy of which is attached hereto as Exhibit “C1”, and any amendments, deletions, or additions thereto. These minimum standards and requirements for fixed base operations shall be required of and shall apply equally to all such commercial operators at said Airport. Owner specifically covenants and agrees that all such services defined in the above referenced minimum standards shall be confined to commercial operators meeting said standards. Said minimum standards stipulate the nature and amount of aeronautical activities and services required of all commercial operators at said airport, insurance requirements, financial investment required, and the specific licenses required.

4. Commercial Operator agrees to operate all activities authorized by this Agreement for the use and benefit of the public and to make available to the public on fair and reasonable terms all services on a fair, equal and not unjustly discriminatory basis to all users thereof and to charge fair, reasonable and not unjustly discriminatory prices for each unit of service, provided, Commercial Operator may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.

Commercial Operator agrees that rates and charges for such activities and services shall be fixed by Commercial Operator subject to the City Council's concurrence and approval. In the event of disputes as to reasonableness, it is expressly understood by Commercial Operator that final determination will be reserved to the City of Susanville. All services offered by Commercial Operator will be performed with promptness and courtesy. It is expressly understood that nothing herein shall be construed to grant or authorized the granting of exclusive rights within the meaning of Section 308 (a) of the Federal Aviation Act of 1958, as amended. Commercial Operator shall be responsible for the actions of all its employees and shall render Owner safe and harmless from responsibility for any actions of negligence of Commercial Operator's employees engaged in these aeronautical activities and service.

Commercial Operator will obtain at its own expense public liability insurance with limits of $1,000,000.00 as to personal injury or death, and $1,000,000.00 as to property damages to protect Owner from actions resulting from the Commercial Operator's activities at the Airport. Commercial Operator further agrees to keep the area where Commercial Operator performs the activities in a neat and orderly manner, free of offensive or dangerous materials or conditions.
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5. Commercial Operator agrees to pay to Owner for the privilege of doing business at the Airport the following sums and amounts:

A. Commercial Operator shall pay to City the sum of
$8,463.56 per year in advance, which sum is due on July 1st, and on the first day of July in each subsequent year.

B. The base rate will be increased by 5 percent annually throughout the term.

6. This Agreement is not assignable.

7. It is expressly agreed by Commercial Operator and Owner that all rights, privileges and liabilities imposed on both parties by this Agreement are subject and subordinate to any conditions, restrictions, limitations, rules or regulations of any agreement or any contract pertaining to said Airport between the United States Government or any Department or Agency thereof having jurisdiction over said Airport and the Owner, and to rules and regulations of the State of California.

8. Commercial Operator does hereby agree that (a) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefit of, or be otherwise subjected to discrimination in the use of said services, (b) that Commercial Operator shall render such services and activities reflected herein in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. It is further agreed that in the event of breach of any of this nondiscrimination clause, Owner shall have the right to terminate this Commercial Operator Agreement.

9. The property interest herein of Commercial Operator may be subject to property taxation of the possessory interest created thereby, and, if created, Commercial Operator, by reason of said possessory interest, may be subject to the payment of property taxes levied on said interest. In the event said taxes are so levied, Commercial Operator shall be responsible for payment thereof.

10. Commercial Operator shall not permit dumping of hazardous waste at the Airport premises.

11. This Agreement will be governed by and construed in accordance with the laws of the State of California.

CITY OF SUSANVILLE COMMERCIAL OPERATOR
___________________
Quincy McCourt, Mayor Name:
(Approved by City Council on )
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Lease updated on 170405
ATTEST:
__________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:
___________________________
Margaret Long, City Attorney
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Ordinance Number 87-697
EXHIBIT "C1"

MINIMUM STANDARDS FOR COMMERCIAL OPERATORS AT THE SUSANVILLE

MUNICIPAL AIRPORT, SUSANVILLE, CALIFORNIA
The following minimum standards for commercial activities have been established in the public interest for the safe and efficient operation of the Susanville Municipal Airport; to enhance its orderly growth; to preclude the granting of an exclusive right to conduct an aeronautical activity in violation of Section 308(a) of the Federal Aviation Act of 1958; to conform to Title VI of the Civil Rights Act of 1964 and Part 21 of the Department of Transportation Regulations; and to assure to all users the availability of Airport property on fair and reasonable terms and without unjust discrimination.

1. No person, firm, or corporation shall engage in any commercial activity at the Susanville Municipal Airport unless a Susanville Airport Commercial Agreement (Exhibit "C") is entered into with the City of Susanville, and unless the commercial activity is done in full compliance with the minimum standards herein set forth.

2. A COMMERCIAL OPERATOR is defined as any person, firm, or corporation who is not otherwise the Airport Operator/Manager, but who is performing any of the functions or furnishing any of the services as hereinafter set forth for COMMERCIAL OPERATORS at the Susanville Municipal Airport.

3. All COMMERCIAL OPERATORS shall protect the public generally, the customers or clients of COMMERCIAL OPERATORS and the City of Susanville from any and all lawful damages, claims, or liability and shall carry comprehensive general liability insurance issued by an insurance company authorized to do business in the State of California. The City of Susanville shall be named as an additional insured. Policies must be approved by the City Administrator and a certificate of insurance thereof furnished to the City. It is further understood that as circumstances in the future dictate, the City may require an increase in bodily injury and property damage insurance. City shall increase the limits of insurance coverage only after a hearing before the City Council following input from the Airport Commission.

4. Any person, firm, or corporation capable of meeting the minimum standards set forth herein for any of the stated COMMERCIAL OPERATOR Categories A through I is eligible to become a COMMERCIAL OPERATOR at the Airport, provided there is space available, subject to the execution of a written lease for not less than five (5) years containing such terms and conditions as may be determined by the City. A COMMERCIAL OPERATOR shall not engage in any business or activity on the Airport other than that authorized under his particular Category or Categories. Any COMMERCIAL OPERATOR desiring to extend his operation into more than one (1) Category or to discontinue operations in a Category, shall first apply in writing to the City for permission to do so, setting forth in detail the reasons and conditions for the request. The City shall then grant or deny the request, in writing, on such terms and conditions as the City deems to be prudent and proper under the circumstances and issue a new COMMERCIAL OPERATOR's Agreement. Each COMMERCIAL OPERATOR shall provide his own buildings, personnel and equipment, and other requirements as herein stated upon land leased from the City of Susanville and obtain a signed Airport Hangar Land Lease Agreement.

5. All construction required of such COMMERCIAL OPERATORS shall be in accordance with design and construction standards required or established by the City for the facility or activity involved. Title to any and all buildings and appurtenances, which may be built on City property, shall be 107
Ordinance Number 87-697
as follows: when and if subject COMMERCIAL OPERATOR vacates its lease for any reason, COMMERCIAL OPERATOR may either remove said buildings COMMERCIAL OPERATOR owns at COMMERCIAL OPERATOR'S expense within ninety (90) days or building shall revert to noncommercial status.

6. All COMMERCIAL OPERATORS shall, at their own expense, pay all taxes and assessments against any buildings or other structures placed on the premises by them, as well as all taxes and assessments against the personal property used by them in their operations.

7. All COMMERCIAL OPERATORS shall abide by and comply with all state, county and city laws and ordinances, the rules and regulations of the City and the rules and regulations of the State and Federal Aviation Administration.

8. All COMMERCIAL OPERATORS shall provide and pay for all lights, gas, electric current, water, sewer charges and garbage collection charges used or incurred anywhere in or about their subject premises, and shall pay the charges made therefore by the suppliers thereof promptly when due.

9. All agreements and leases between such COMMERCIAL OPERATORS and the City shall be subordinate to the provisions of any existing or future agreement between the City of Susanville and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the Airport properties.

10. No COMMERCIAL OPERATOR shall sublease or sublet any premises leased by such COMMERCIAL OPERATOR from the City, or assign any such lease, without the prior written approval of the City, and any such subletting or assignment shall be subject to all of the minimum standards herein set forth.

11. In the event the COMMERCIAL OPERATOR sublets any portion of his lease, the sublessee must agree to assume the full obligations of the lease as set out herein and must agree to fully cooperate with the City in seeing that these minimum standards are complied with. The sublessee shall immediately comply with any reasonable request or direction of the City as it relates to the enforcement of these standards.

12. In the event that the COMMERCIAL OPERATOR or sublessee fails to comply fully with these minimum standards or fails to comply with the reasonable request or direction of the City as it relates to these minimum standards, said COMMERCIAL OPERATOR or sublessee shall be in default.

If said default continues for more than ten (10) days after notice of said default, the City may terminate the lease. Said COMMERCIAL OPERATOR is responsible for the performance of the sublessee.

13. COMMERCIAL OPERATORS shall have the right to use common areas of the Airport, including runways, taxiways, aprons, roadways, floodlights, landing lights, signals and other conveniences for the takeoff, flying and landing of aircraft of COMMERCIAL OPERATOR.

14. COMMERCIAL OPERATORS will, at all times during the continuance of the term of their agreements and/or leases and any renewal or extension thereof, conduct, operate and maintain for the benefit of the public, the commercial operation provided for and described therein, and all aspects and parts and services thereof as defined and set forth, and will make all such services available to the public and that it will devote its best efforts for the accomplishment of such purposes and that it will at all times 108
Ordinance Number 87-697
make charges to patrons and customers for all merchandise or materials and services furnished or rendered, but that it will refrain from imposing or levying excessive or otherwise unreasonable charges or fees for any facilities or services. Notwithstanding anything contained in a lease that may be or appear to the contrary it is expressly understood and agreed that the rights granted thereunder are nonexclusive and the lessor reserves the right to grant similar privileges to another COMMERCIAL OPERATOR upon formal application by that COMMERCIAL OPERATOR, and upon demonstration of compliance with Paragraphs 3 and 4 herein.

15. The City reserves the right to take any actions it considers necessary to protect the aerial approaches to the Airport against obstructions, together with the right to prevent any commercial operator from erecting, or permitting to be erected, any building, sign, or other structure on the Airport which, in the opinion of the City, would limit the usefulness of the Airport or constitute a hazard to aircraft.

16. All contracts and leases between such COMMERCIAL OPERATORS and the City shall be subordinate to the right of the City during time of war or national emergency to lease the landing area or any part thereof to the United States Government for military or naval use, and, if any such lease is so made, the provisions of any contracts or leases between such with the provisions of the lease to the Government, shall be suspended.

17. The provisions of these standards shall in no way negate or cause to be null or void existing leases with COMMERCIAL OPERATORS at the Susanville Municipal Airport. Upon the adoption of these standards, any new leases and/or agreements entered into and any amendments to existing leases and/or agreements shall be in accordance with the standards.

18. The COMMERCIAL OPERATOR shall remove from the Airport or otherwise dispose of in a manner approved by the City all garbage, debris, and other waste material (whether solid or liquid) arising out of its occupancy of the premises or out of its operations. Said COMMERCIAL OPERATOR shall keep and maintain his premises in a neat and orderly manner. Any garbage debris waste which may be temporarily stored in the open shall be kept in suitable garbage or waste receptacles, the same to be made of metal and equipped with tight fitting covers and to be of a design safely and properly to contain whatever may be placed therein. The COMMERCIAL OPERATOR shall use extreme care when effecting removal of all such waste. No COMMERCIAL OPERATOR shall permit any dumping of hazardous waste on City property or on property leased or rented by COMMERCIAL OPERATOR.

19. The City reserves the right to further develop or improve all areas of the Airport as it sees fit, regardless of the desires or views of any COMMERCIAL OPERATORS, and without interference or hindrance from any such COMMERCIAL OPERATORS.

20. The City reserves the right to enter upon any premises leased to COMMERCIAL OPERATORS at reasonable times for the purpose of making such inspections as it may deem expedient, to the proper enforcement of any covenant or condition of any COMMERCIAL OPERATOR'S contract or lease agreement.

21. The City recognizes the rights of any person, firm or corporation operating aircraft on the Airport with its own employees (including, but not limited to maintenance and repair) that it may choose to perform. However, said persons, firms or corporations may not hire any vendors of service, aircraft parts, or fuel from off-airport premises to perform services on the Airport.

22. Aircraft fueling shall be in strict accordance with any safety regulations. 109
Ordinance Number 87-697

COMMERCIAL OPERATOR CATEGORIES
CATEGORY A. FLIGHT INSTRUCTION AND AIRCRAFT RENTAL:

A COMMERCIAL OPERATOR in this Category shall:

1. Have available an instructor pilot with appropriate and current Federal Aviation Administration pilot and medical certificates.

2. Provide and maintain a minimum of one (1) aircraft owned or leased or rented by and under the exclusive control of this COMMERCIAL OPERATOR which are properly equipped and Federal Aviation Administration certificated for flight instruction and rental.

3. Demonstrate the continuing ability to meet requirements for certification of flight instructor personnel and aircraft by the Federal Aviation Administration.

4. Assure that personnel operating rental equipment obtained from the subject COMMERCIAL OPERATOR have appropriate and current Federal Aviation Administration pilot and approved medical certificates.

5. Independent individual flight instructors not performing said services on a reoccuring basis shall be exempt.

CATEGORY B. AIRCRAFT CHARTER AND TAXI:

A COMMERCIAL OPERATOR in this Category shall:

1. Conduct all aircraft charter and taxi service in compliance with Federal Aviation Regulations, particularly Regulation Part 135.

2. Lease from the City sufficient land on which to locate all improvements required by specific operations of the COMMERCIAL OPERATOR.

CATEGORY C. CROP DUSTING AND SPRAYING:

A COMMERCIAL OPERATOR in this Category shall:

1. Furnish suitable arrangements for the safe loading, unloading, storage and containment of noxious chemical materials.

2. Furnish a minimum of one (1) aircraft with pilot. The aircraft will be suitably equipped for agricultural operations with adequate safeguard against spillage of chemical spray mixtures or materials on runways and taxiways or dispersal by wind force to other operational areas of the Airport. The pilot will have appropriate and current Federal Aviation Administration pilot and approved medical certificates. The COMMERCIAL OPERATOR in this Category shall comply with all Federal Environmental Protective Agency and State requirements pertaining to handling, storage and disposal of chemicals.

3. Lease from the City sufficient land on which to locate all improvements required by the specific operations of the COMMERCIAL OPERATOR.
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CATEGORY D. AIRCRAFT SALES:

A COMMERCIAL OPERATOR in this Category shall:

1. Have a minimum of one (1) fully qualified demonstrator pilot with current and appropriate Federal Aviation Administration pilot and approved medical certificates.

2. Lease from the City sufficient land on which to locate all improvements required by the specific operations of the COMMERCIAL OPERATOR.

CATEGORY E. AIRCRAFT, ENGINE, PROPELLER, AND ACCESSORY MAINTENANCE:

A COMMERCIAL OPERATOR in this Category shall:

1. Furnish facilities and equipment for airframe and power plant repairs with at least one (1) duly Federal Aviation Administration Certified A & P Mechanic and such other personnel as may be necessary. Such airframe and power plant repair shall include facilities for repair of aircraft and engines used in aviation in this area.

2. Lease from the City sufficient land on which to locate all required improvements.

CATEGORY F. RADIO AND INSTRUMENT:

A COMMERCIAL OPERATOR in this Category shall:

1. Lease from the City sufficient land on which to locate all required improvements.

2. Have available a Federal Aviation Administration certificated technician in the field of aircraft electronics and/or aircraft instruments with proper Federal Communications Commission license to conduct complete aircraft transmitter, receiver and antennae repair.

3. Provide satisfactory arrangements for access to and storage of aircraft being worked on.

CATEGORY G. SALE OF AVIATION PETROLEUM PRODUCTS AND RAMP SERVICE:

A COMMERCIAL OPERATOR in this Category shall:

1. Lease from the City sufficient land on which to locate intended storage and dispensing equipment, and buildings.

2. Have personnel on full-time duty during normal business hours of not less than eight (8) hours a day, seven (7) days a week, adequately trained to operate fuel dispensing equipment in accordance with all applicable local, state, and Federal laws. (Additional requirement: On-call service may be required during all hours of darkness.

3. Demonstrate capability to efficiently and safely conduct or move aircraft to such areas and park them. Compliance with FAA and EPA standards shall be adhered to at all times.

4. Comply with the following criteria regarding fuel storage and dispensing facilities:
a. Purchase from City fuel tanks such fuel as is needed by COMMERCIAL OPERATOR for sale to COMMERCIAL OPERATOR'S customers;
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b. Maintain separate trucking equipment for each grade of fuel, meeting all applicable safety requirements with reliable metering devices subject to independent inspection, and with a pumping efficiency capable of servicing all aircraft normally using the Airport. c. Provide adequate fire extinguishers in all fuel dispensing areas and on all mobile dispensing trucks.

CATEGORY H. FLYING CLUBS:

In an effort to foster and promote flying for pleasure, develop skills in aeronautics, including pilotage, navigation, and an awareness and appreciation of aviation requirements and techniques the Category of Flying Clubs is added to the Rules, Regulations and Minimum Standards of the Susanville Municipal Airport.

All flying clubs desiring to base their aircraft and operate on the Airport must comply with the applicable provisions of these Standards and Requirements. However, they shall be exempt from regular COMMERCIAL OPERATOR requirements upon satisfactory fulfillment of the conditions contained herein.

1. The club shall be a non-profit entity (corporation, association or partnership) organized for the express purpose of providing its members with an aircraft(s), for their personal use and enjoyment only. The ownership of the aircraft(s), must be vested in the name of the flying club (or owned ratably by all of its members). The property rights of the members of the club shall be equal and no part of the net earnings of the club will inure to the benefit of any member in any form (salaries, bonuses, etc.). The club may not derive greater revenue from the use of its aircraft than the amount necessary for the operations, maintenance and replacement of its aircraft.

2. Flying clubs may not offer or conduct charter or air taxi. They may not conduct aircraft rental or flight instruction except for regular members. Any qualified mechanic who is a registered member and part owner of the aircraft owned and operated by a flying club shall not be restricted from doing maintenance work on aircraft owned by the club and the club does not become obligated to pay for such maintenance work except that such mechanics may be compensated by credit against payment of dues or flight time.

3. The flying club, with its permit request, shall furnish the Airport Management a copy of its charter and by-laws, articles of association, partnership agreement or other documentation supporting its existence; a roster, or list of members, including names of officers and directors, to be revised on a semi-annual basis; evidence of insurance in the form of a certificate of insurance in force withhold harmless clause in favor of the Airport, its officers and employees (ten (10) days prior notice of cancellation shall be filed with Airport management); number and type of aircraft; evidence that aircraft are properly certificated; evidence that ownership is vested in the club; and operating rules of the club. The books and other records of the club shall be available for review at any reasonable time by Airport management or his/her authorized agent.

4. A flying club, at any airport controlled by this same Airport management shall abide by and comply with all Federal, State and local laws, ordinances, regulations and the Rules and Regulations of this Airport management.
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5. A flying club which violates any of the foregoing or permits one (1) or more members to do so after ten (10) days’ notice of such violation by the City of Susanville, may be required to terminate all operations at all Airports controlled by the City.

CATEGORY I. OTHER:

A COMMERCIAL OPERATOR in this Category shall:

1. Be any non-aviation related business located at the Susanville Municipal Airport and not covered in Categories A through H.

2. Lease from the City sufficient land on which to locate all required improvements. 113
Ordinance Number 87-697
EXHIBIT “D”
ORDINANCE NO. 87-697
AN ORDINANCE REPEALING CHAPTER 3 OF THE CODE OF THE CITY OF SUSANVILLE, CALIFORNIA, 1957, CONSISTING OF SECTION 3.1 TI SECTION 3.10 INCLUSIVE, AND ADDING A NEW CHAPTER 3, CONSISTING OF SECTION 3.1 TO

3.14 INCLUSIVE, TO THE CODE OF SUSANVILLE, CALIFORNIA, 1957

THE CITY COUNCIL OF THE CITY OF SUSANVILLE DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 3, consisting of Section 3.1 to 3.10 inclusive, of the Code of the City of Susanville, California, 1957 is hereby repealed.

SECTION 2. There is hereby added to the Code of the City of Susanville, California, 1957, Chapter 3, consisting of Section 3.1 to 3.14 inclusive, to read as follows:

CHAPTER 3
AIRPORTS AND AIRPLANES.6

6. For state law as to airports generally,
see Gov. C., §26020 et seq.

Sec. 3.1. Generally

3.2. Purpose

3.3. Definitions

3.4. Application and Authority

3.5. Pilot Qualifications and Aircraft Certification

3.6. Airport Operations

3.7. Vehicle Regulations

3.8. Commercial and Business Activities

3.9. Liability of the City

3.10. Comprehensive Insurance Requirements

3.11. Penalties

3.12. Enforcement

3.13 Airport Safety Rules and Regulations

3.14. Charge for Private Airplanes Based at Municipal Airport SEC. 3.1. Generally
(a) The Susanville Municipal Airport is operated by the City for the use and benefit of the public under the authority granted under the laws of the 114
Ordinance Number 87-697
State of California and under the terms of the City’s assurance agreements with the federal government.
(b) The airport shall be open for public use subject to such restrictions as may be necessary due to inclement weather, the conditions of the landing area, the presentation of aviation-related events and such other events as may be determined by the City Administrator, and subject to such fees and charges as may be established without discrimination for each class of user.
(c) The use of the airport or any of its facilities in any manner shall create the obligation and the implied consent of the user to obey all of the regulations presented in this chapter.

SEC 3.2 Purpose
It is declared that the purpose of this chapter is to further the public interest, welfare and safety by providing for the protection and promotion of safety in the operation of aircraft over and on the Susanville Municipal Airport.

SEC. 3.3. Definitions
(a) “Aircraft” means a device that is used or intended to be used for flight in the air, under the control of a pilot. It includes airplanes, helicopters, gliders and lighter-than-air devices, such as blimps and balloons.
(b) “Aircraft parking/tie-won area” means a hard surfaced area that is equipped with devices to secure aircraft to the ground. (c) “Airport Manager” means the city employee person designated by the City Council to manage the airport or a designee.
(d) “Airport Operator” means the person under a contract with the City to operate the airport pursuant to the terms of that contract. (e) “Apron” mean a hard surfaced area adjacent to hangars, repair shops, taxiways, runways or the like, used to load, unload, service or handle aircraft. (f) “Designated fuel pump area” means that area surrounding the fuel pumps, as marked on the asphalted surface.
(g) “Pilot” shall mean an individual solely responsible for the control and operation of an aircraft.
(h) “Terminal operations/passenger area” means that area immediately north 115
Ordinance Number 87-697
of the terminal building and south of the primary taxiway. (i) “Ultra light aircraft” means a powered or unpowered vehicle as described in Part 103 of the Federal Aviation Administration (FAA) Regulations.

SEC. 3.4 Application and Authority
(a) The airport manager shall have the authority and the duty to prescribe reasonable regulations relating to the use of the Susanville Municipal Airport. Any such regulations shall first be submitted to the Susanville Airport Commission for its recommendations and thereafter, such regulations shall be submitted to the City Council for approval before taking effect. All regulations so prescribed and approved shall be filed in the office of the airport manage, made available for public inspection and publicly posted at the airport. During an emergency, the airport manager may grant a variation to these rules for the duration of the emergency. (b) Application. The provisions of this chapter shall be applicable to all aircraft operating on or over the Susanville Municipal Airport. (c) Authority. The provisions of this chapter shall be construed to supplement federal and state laws when not expressly inconsistent therewith concerning the conduct of aircraft on or over the airport and the regulations provided in Federal Aviation Administration regulations are adopted a part of this chapter.

SEC. 3.5. Pilot Qualifications and Aircraft Certification No person not properly certified by the Federal Aviation Administration, and no aircraft not similarly certified, except ultra light aircraft unless ultra lights require Federal Aviation Administration certification, shall operate on or over the airport; provided, that this restriction shall not apply to public aircraft belonging to the government of the United States or to a state, territory, possession or any political subdivision, nor to any aircraft of a foreign country operated under permission of the federal government.

SEC. 3.6 Airport Operations
(a) The rules and regulations promulgated by the Federal Aviation Administration and the California Aeronautics Commission, presently in effect and all additions or amendments thereto, are referred to, adopted and made a part of these regulations in every respect as if they were fully set forth in this chapter.
(b) The operation of the Susanville Municipal Airport shall be under the 116
Ordinance Number 87-697
direction of the airport manager, who shall be responsible to the City Administrator of the City. The airport manager shall enforce all regulations of the airport including, but not limited to, the storage and movement of all aircraft and surface vehicles.
(c) The airport operator shall be in charge of all fuel dispensed from Cityowned fueling facilities and shall be responsible for reporting to the fire department any violation of fire and safety regulations governing the transportation, storage and use of fuel, and other inflammable substances brought on the airport that may be in violation of the Uniform Fire Code and related codes adopted by the City.
(d) Persons shall fuel aircraft on the airport in areas approved for such operation by the City fire department according to the rules established by the City Fire Chief as issued from time to time and posted in a conspicuous place at the airport.
(e) The airport operator shall be responsible for renting City-owned vacant hangars, shall oversee the manner in which the hangar space is utilized and in accordance with the hangar/storage license, shall manage the aircraft tie downs for most efficient and safe utilization of available areas, and shall assume managerial responsibility for the collection of all City hangar and tie down rents.
(f) Any aircraft awaiting takeoff from the Susanville Municipal Airport shall be parked in such a position as to have a direct view of aircraft approaching for landing, and takeoff shall not commence until the pilot has ascertained that no aircraft is on final approach for landing on the runway, and that the runway to be used for takeoff is itself clear of landing or taxiing aircraft.
(g) No persons operating an aircraft shall land or takeoff from Susanville Municipal Airport except on the runway designated for takeoff and landing.
(h) No aircraft after take off shall deviate from a straight course until after passing the boundaries of the airport and reaching an altitude of four thousand six hundred (4,600) feet mean sea level (MSL). (i) The aprons at the Susanville Municipal Airport shall be used only for loading, unloading, servicing, and authorized refueling of aircraft. (j) Unattended aircraft shall be parked only in areas designated as tie down areas, or in hangars; provided further, no aircraft shall be parked in a tie down area unless it is positioned over and attached to a tie down facility. 117
Ordinance Number 87-697
(k) Emergencies requiring police, fire, or medical air shall be reported by calling the Emergency Service No. 911.
(l) The terminal operations/passenger area shall remain clear except for the registration, loading, and unloading of aircraft.
(m) All accidents involving personal injury or property damage in excess of five hundred (500) dollars occurring on the Susanville Municipal Airport shall be reported in writing to the office of the airport manager within twenty-four (24) hours.
(n) Failure to pay duly established fees incurred for the parking of aircraft on the airport shall constitute a lien upon the aircraft. The City may hold such aircraft until the fees are paid or may dispose of the aircraft, as provided by law, in the event the fees are not paid.
(o) The registered owners/operators of all aircraft permanently based on the airport and parked in the City-owned hangars, tie down areas, or private hangars on City property, shall register their full names and mailing addresses with the airport manager or a designated representative on the aircraft registration form provided by the City.
(p) The owner/manager of each privately owned hangar or tie down facility on the airport shall, no later than the tenth (10) of each month, furnish the airport manager with a roster of aircraft and their registered owners/operators current as of the last day of the preceding month.

Included with the roster of aircraft shall be a fee in an amount set by the City Council for each aircraft except one aircraft owned by the owner/manager. The report shall be submitted on a form provided by the City.
(q) The registered owner/operator of each aircraft parked on the airport shall be responsible for properly securing the aircraft to protect the aircraft from wind damage.
(r) Traffic Patterns. All aircraft, except in an emergency, shall conform to the following traffic patterns:
(1) The established traffic patterns are at an altitude of five thousand (5,000) feet MSL as published in the airport/facility directory, and are depicted in the segmented circle located on the south side of runway 11-29.
(2) Straight-in approaches shall not be made without prior notification to local air traffic on Susanville Unicom (122.8); or in case of 118
Ordinance Number 87-697
emergency, on Susanville Unicom (122.8).
(3) Aircraft entering or leaving the traffic pattern shall exercise extreme caution and shall not cause other aircraft already in the pattern to deviate from their courses;
(4) Such charts and visual diagrams as are necessary to display the authorized traffic patterns shall be adopted by resolution and by reference made a part of this chapter.
(s) Communication with Susanville UNICOM. Pilots of aircraft equipped with a communication radio shall observe the following procedures:
(1) All traffic inbound to the airport shall continuously monitor 122.8 Megahertz and, when approximately ten (10) miles from the airport, call Susanville UNICOM for airport advisory on surface weather conditions and airfield conditions;
(2) In the event Susanville UNICOM does not reply, the inbound pilot shall broadcast “in the blind” to the Susanville TRAFFIC, stating position and intentions;
(3) Departing pilots shall monitor 122.8 Megahertz, broadcasting their positions and intentions to Susanville TRAFFIC.
(t) Annual report of airport operator. Subject to the express or implied terms of any contract between the City and any person for the operation of the municipal airport which is in effect upon the effective date of this Ordinance, the operator of the airport shall annually, on the first day of July of each year, render to the City Council an activity report which report shall show:

The number of aircraft tie downs available at the airport; The number of aircraft based upon the airport;
The number of hangars situated in and upon the airport; The number of gallons of aviation fuel sold at the airport during the preceding twelve (12) month period; and
The number of takeoffs and landings made at the airport during the preceding twelve (12) month period.

SEC. 3.,7 Vehicle Regulations
(a) No person shall operate any surface vehicle upon the runways, taxiways, terminal operations, passenger area, designated fuel pump area or area between the fuel pumps and the Airport Operator’s office and residence, without the authorization of the airport manager or a designee, provided that owners/drivers of surface vehicles may drive to their parked aircraft keeping clear of and yielding right-of-way to all aircraft. (b) Drivers shall close the gates, if operational, behind themselves upon entering or leaving the airport, between the hours of f (5) P.M. and eight (8) A.M./ SEC 3.8 Commercial and Business Activities
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No person shall use the airport for commercial activities without a written contractual arrangement with the City. Commercial activities shall include, but are not limited to, carrying passengers for hire, flight instruction, aircraft rental, sales of goods and services, agricultural operations, and aircraft maintenance and repairs.

Any person using the airport as a base for agricultural and aerial application which involves the loading, the unloading, and the storage of chemicals shall first obtain a permit from the City. The permit shall specify the areas which may be used, applicable restrictions, the amount of such operating fees that may be required and the time period for which the permit is valid.

SEC. 3.9 Liability of the City
The privilege of using the airport and its facilities shall be conditioned upon the assumption of full responsibility and risk by the user. Users shall release, hold harmless and indemnify the City, its officers, and employees from any liability or loss resulting from such use, as well as against claims of third persons so using the airport. The exercise of the privilege shall constitute an acknowledgment that the City maintains the airport in a governmental capacity.

SEC. 3.10 Comprehensive Insurance Requirements
Any person operating an aircraft on the Susanville Municipal Airport shall maintain comprehensive public liability and property damage insurance on the aircraft in such amounts as may be determined by resolution of the City Council.

SEC. 3.11. Penalties
Any person who violates any provision of this chapter shall be guilty of an infraction, pursuant to the provisions of Government Code Section 36900 and the penalties provided in the Government Code, and upon conviction thereof shall be punishable by a fine as provided in Section 36900 of the Government Code.

Cumulative Remedy. The remedies prescribed in this chapter are intended to be in addition to any other procedures or penalties prescribed by law. 120
Ordinance Number 87-697
SEC. 3.12 Enforcement
It shall be the duty of the airport manager, or the City Administrator or a representative, of the City to enforce the provisions of this chapter and all other state and federal laws and regulations applicable to the Susanville Municipal Airport.

SEC. 3.13. Airport Safety Rules and Regulations
Safety rules and regulations, as established by the appropriate federal and state entities, are referred to and made a part of this chapter. Such additional safety rules and regulations as may be required by the City shall be adopted by resolution and by reference made a part of this chapter.

SEC. 3.14. Charge for Private Airplanes Based on Municipal Airport The City Council shall, by resolution, set fees for airplanes based at the Municipal Airport. These fees shall be posted at the Airport.

SECTION 3. This ordinance shall be in full force and effect upon the 31st day following its passage.

SECTION 4. The City Clerk shall cause this ordinance to be published at least once within 15 days after its passage in the Lassen Advocate, a newspaper of general circulation, printed, published and circulated within the City.

The foregoing Ordinance was adopted at a regular adjourned meeting of the City Council of the City of Susanville held on the 19th day of August, 1987, by the following vote:

AYES: Leve, Jackson, and Foster
NOES: None
ABSENT: McCann, Jr. and Cady
ABSTAINING: None
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AGENDA ITEM NO. 12.A
Action Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: February 21, 2024
SUBJECT: Consider Ordinance No. 23-1042, Amending Section 2.08 to change the title of the City Administrator to City Manager and to update the entire city code to change all references to the City Administrator to the City Manager
PRESENTED BY: Margaret Long, City Attorney
SUMMARY: During the January 3, 2024 meeting, the City Council approved an amended employment agreement with City Administrator, Dan Newton. One of the approved changes was the title of the position as the duties being performed are more in line with a City Manager.

However, to make this change, the city's municipal code must also be amended. The ordinance was introduced at the February 7, 2023 meeting and is being presented for adoption.

FISCAL IMPACT: None.

ACTION REQUESTED: Waive second reading and adopt Ordinance No. 23-1042, Amending Section 2.08 to change the title of the City Administrator to City Manager and to update the entire city code to change all references to the City Administrator to the City Manager

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24-1042.pdf
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ORDINANCE NO. 24-1042

AN ORDINANCE OF THE CITY OF SUSANVILLE
AMENDING SECTION 2.08 OF THE MUNICIPAL CODE TO CHANGE THE TITLE

OF THE CITY ADMINISTRATOR TO CITY MANAGER, AND TO UPDATE THE ENTIRE

CITY CODE TO CHANGE ALL REFERENCES TO THE CITY

TO THE CITY MANAGER
Section 1: The City amends Municipal Code Chapter section 2.08 to change the title of the City Administrator to City Manager, and to update the entire City Code to change all references to the City Administrator to the City Manager.

Section II: This ordinance shall take effect and be in full force and effect thirty (30) days after its passage and before the expiration of fifteen (15) days after passage of this ordinance, it shall be published once with the names of the members of the City Council voting for and against the ordinance in a newspaper of general circulation published in the County of Lassen, State of California.

APPROVED: ________________________
Quincy McCourt, Mayor
ATTEST: _
Heidi Whitlock, City Clerk
INTRODUCED at a regular meeting of the City Council of the city of Susanville, California, on the 7th day of February and adopted at the regular meeting of the City Council on February 21, 2024 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. 12.B
Discussion Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: February 21, 2024
SUBJECT: City Project Priorities
PRESENTED BY: Dan Newton, City Administrator
SUMMARY:

The City of Susanville is dedicated to providing essential services to residents/customers through the efforts and actions of four city departments, Administration, Fire, Police and Public Works. The Susanville City Council has adopted four (4) priorities for city staff to focus on when providing city services.

Four (4) Priorities of City Council
Transparency
Improve Susan River Trail
Code Enforcement
Improve Main Street
The City provides a variety of essential services such as law enforcement, fire/life safety, parks, water, natural gas, streets, development services, and many other community amenities, such as golf course, community pool, and the airport. In the provision of these services, several items come up during the work week, procedural clarifications, policy interpretations, complaints, human resource items, financial services, and staff development, just to name a few. It is estimated that over 90% of staff’s time is spent handling day to day operations, and less than 10% of staff time is available for project delivery work.

The city posts a project priority list on the city's website and is attached for council's review and discussion. The list is not comprehensive but is representative of items to which the city is dedicating its staffing resources from a project standpoint.

Staff is seeking a discussion and possible direction.

FISCAL IMPACT: None

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ACTION REQUESTED: Direction to Staff
ATTACHMENTS:
2400221_City_Priorities_List.pdf
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City of Susanville Work Priorities
February 21, 2024
The City of Susanville is dedicated to providing essential services to residents/customers through the efforts and actions of four city departments, Administration, Fire, Police and Public Works. The Susanville City Council has adopted four (4) priorities for city staff to focus on when providing city services.

The city provides a variety of essential services such as law enforcement, fire/life safety, parks, water, natural gas, streets, development services, and many other community amenities, such as the golf course, community pool, and the airport. In the provision of these services, several items come up during the work week, procedural clarifications, policy interpretations, complaints, human resource items, financial services, staff development just to name a few. It is estimated that over 90% of staff’s time is spent handling day-to-day operations, and less than 10% of staff time is available for project delivery work.

Four (4) Priorities of City Council
A. Transparency
B. Improve Susan River Trail
C. Code Enforcement
D. Improve Main Street
Additional Priorities
• Provision of Essential Services
• Homelessness
• Enhancement of Economic Development Efforts
• Infrastructure Improvements
• Code Updates and Policies
Priorities of City Council and Additional Priorities
Staff Work Program/Project List
TransparencyImprove Susan River TrailCode EnforcementImprove Main StreetProvision of Essential ServicesHomelessnessEnhancement of Economic Development EffortsInfrastructure ImprovementsCode Updates and Policies 23/24 Mid-Year Budget: Review, Assess, Present
Public Facility Impact Fee: Self-Storage Analysis,
Consultant Report Review, Provide Report to Council X X X X ARPA Funds: Project Research & Rating Criteria X X X
Procurement Policy: Ordinance changes & Adoption X X X
Master Sales Tax Agreement: Research, Develop,
Develop Process, Project Schedule X
Title 10 (Parking Regulation): Updates X X X
Water Rate Study X X
Engineering and Traffic Survey of top 3 local roads X
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City of Susanville Work Priorities
Staff Work Program/Project List
TransparencyImprove Susan River TrailCode EnforcementImprove Main StreetProvision of Essential ServicesHomelessnessEnhancement of Economic Development EffortsInfrastructure ImprovementsCode Updates and Policies GASB 87 Lease Requirements X
Recruitments and Hiring: Air Quality Specialist, PLHA
CSO, Police Officer, FF I/FF II/FAE, Code Enforcement
Officer, Golf Course, Pool
X
SE Gateway: Landscaping Plan/Funding Assessment X X X
DR 4308 & DR 4301 (Flood Emergency) FEMA Grant
Closeout X X
General Plan Update: Research needs, research
consultants and financial opportunities, and provide
report

X X X X
Skyline Apartment Complex Research, Review,
Assessment X X X
Affordable Housing Project Site Selection Discussions X 2022/2023 Audit X X
Local Early Action Planning Grant (LEAP): Housing
zoning code revisions X X
Surface Mining Ordinance X X
811 Cottage Code Enforcement X X X
Taxiway A Grant Closeout X X X
Airport Covid Grant(s) X X
CDBG CV: Memorial Park Bathroom Project X X
HUSA Survey: Conduct survey and provide report X X X
Pickleball Courts: research preliminary plans and
gather estimates, provide report X X X
Volunteer Trail Patrol X X X
St. Francis Code Enforcement X X X
SPD: Airport Shooting Range Proposal/Study X X X
Susanville Click & Fix: LHS Collaboration Efforts X X
Strategic Planning: Research and assess with staff,
draft plan X X
Section 115 Trust X
Community Garden: Electric Panel X X X
Economic Development Implementation Plan (EDIP):

Complete and publish framework X
Volunteer Fire Department MOU: Research, update
and provide report X X
Per Capita Grant Project completion and closeout X X
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City of Susanville Work Priorities
Staff Work Program/Project List
Transparency
Improve Susan River Trail
Code Enforcement
Improve Main Street
Provision of Essential
Services
Homelessness
Enhancement of Economic
Development Efforts
Infrastructure
Improvements
Code Updates and Policies
Airport FBO/Manager RFP X
SB 2 Planning Grant: Project/Grant Closeout X X
Natural Gas Appliance Program: Assess capacity to
conduct natural gas appliance service calls
X X
St. Francis Abatement X X
CDBG CV 2/3 Crossroads Freezer Project: Plans/Bid X
Golf Course Operations Lease: Research and provide
report for lease of golf course operations X X
Geothermal Utility Ramsey Ditch Agreement X X
Employee Evaluation Software & Evaluation Policy
Implementation X X
City Hall Interior Repairs (insurance claim): update bid specs and bid project X X
Golf Course Irrigation/Pump Repairs X X
Special Use Permit: Research and assess need to
update and improve special event permitting X X X X X
Animal Control Ordinance: Research, review, update X X X Title 17 Temporary Use Permit/Encroachment
Permit: Assess and update code and policies X X X X
2024/2025 Budget Preparation X
Fire Training Agreement: Assess and update
agreement
X
Dogs at Large: Revise Abatement Order X
IIPP Safety Program Updates for PW/Fire/PD X
IWRM: Prop 1 X X
Riverside Drive Trail: project development PS&E,
R/W and design X X X X
Local Agency Technical Assistance (LATA) Grant:

Project implementation/Engineering Designs X X X
Employee Development Training Assessment X
Surplus of city property X
Sierra Road Complex – Urban Farming/Compost:

Research, assess and provide report X X
Fire Hazard Map: Monitor, research, and comment X X
Johnstonville Road Water Line Replacement X X
Fire Department Heating System Repairs: engineering
plans assess and provide report, budgeting X X
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City of Susanville Work Priorities
Staff Work Program/Project List
Transparency
Improve Susan River Trail
Code Enforcement
Improve Main Street
Provision of Essential
Services
Homelessness
Enhancement of Economic
Development Efforts
Infrastructure
Improvements
Code Updates and Policies
Police Department Roof Repairs: engineering,
budgeting X X
Public Works Department Roof: engineering,
budgeting X X
Fleet Maintenance Program: Assessment of Public
Works providing maintenance of Police and Fire fleet X
Local Hazard Mitigation Plan: update and provide
report
X X X
Defensible Space Inspection Program: implement LE100 program X X X Drone Policy: develop and implement X
Emergency Services Agreement with SIR X X
Wildfire Action Plan: perform risk assessment,
complete community plan for Fire Wise Community
certification renewal
X X X
SE Gateway Bidding Process X X X
SE Gateway Construction X X X
COMPLETED FROM PROJECT LIST:

PG&E Litigation X X
Fire Hydrant Fittings X X
Police Department Collision Repair X
City Phone System Upgrade X X
Urban Water Management Plan X
SE Gateway: Construction Allocation X X
Animal Control Partnership with Lassen County:
research agreement and assess need for update X
Reorganization Plan: 606 Nevada Street completion X X
CA Dept. of Fish and Wildlife Permit X X X X
2023/2024 Budget: develop, present, report X X
Economic Development Partnership with SIR: assess,
develop, and create MOU X X X
Economic Development Director: create job and
recruitment X X X
Shopping Cart Ordinance X
Seasonal Firefighter Program X X
Community Garden: propane tank removal, site
assessment for outdoor sink, sink engineering,
budget
X X X
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City of Susanville Work Priorities
Staff Work Program/Project List
(Completed list cont.)
Transparency
Improve Susan River Trail
Code Enforcement
Improve Main Street
Provision of Essential
Services
Homelessness
Enhancement of Economic
Development Efforts
Infrastructure
Improvements
Code Updates and Policies
Mitigation Fund Assessment X X
Susan River Vegetation Clearing: project planning
and implementation, report X X X X
Dogs-at-large: execute inspection warrant X X
CDBG CV: Emergency Services Grant Closeout X X
Employee Evaluation Policy: Meet and Confer/Report
for Council Adoption X
Public Safety Chief: Develop position and
implementation plan
X X
Per Capita Grant: Pump Track project X X X
SB 2 Planning Grant: Land Use Element present and
adopt X X X
Employee Bargaining: Pro-Tech Unit X
Employee Bargaining: Management Unit X
Community Garden Sink Project X X X
Lassen High School SRO Agreement X X
Council/Board Live Stream: A/V improvements and
implementation X X
Lassen High School Student Resource Officer (SRO)
Agreement X X
Weatherlow Abatements: 63 & 67 X X X
Dogs-at-Large: Execute abatement warrant. X
Vegetation Clearing: Susan River Corridor & Pat
Murphy Little League Fields X X X X X
City Water Tank Maintenance Needs Assessment X X
Recruitments and Hiring: Maintenance Worker I/II
Economic Development Director Recruitment X X
2021/2022 Audit X X
Economic Development Director Recruitment and
Hiring
X
Public Safety Chief: Recruitment X X
Public Facility Impact Fee: Self-Storage Analysis,
Consultant Services Research (hired)
X X X
K9 Report X X
Public Safety Chief: Interviews, Onboarding,
Reorganization of departments
X X X
State Controller Annual Comprehensive Financial
Report (ACFR): Research, compile and provide report
X X
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City of Susanville Work Priorities
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City of Susanville Work Priorities
The City of Susanville has 70 full-time positions allocated to each department as indicated below. • Administration – 3
• Economic Development – 1.5
• Finance – 5
• City Clerk - 1
• Fire – 8 over 2 divisions [2 (Admin); 6 (Operations)] • Police – 21 over 2 divisions [3 (Admin); 19(Operations)] • Public Works – 30 over 12 Divisions [5 (Admin); 1.5(Building Official/Inspector); 1.5(City Planner); 2 (Parks); 1(Code Enforcement); 4 (Water/Geothermal); 4(Gas); 4(Streets); 2(Engineers/Air Pollution); 1 (Mechanic); 1(Pool); 3(Utility Services)] Departments such as Fire and Police focus on their core missions to protect the lives and safety of people and property within the community. Public Works operates similarly in the provision of water/geothermal and natural gas services and providing maintenance on city streets. Public Works; however, does have limited staffing resources to deliver projects. The following list is not a comprehensive list of city staff work priorities; however, it is representative of the priorities that city staff is currently working to accomplish.

Four Core Priorities of City Council
• Transparency
o Publish List of City Work Priorities – Completed/On-going o Council Meeting Live Stream Improvements – Goal is to improve audio and provide timestamping of video to correspond to agenda items. – Council approved 1/18/2023 begin project execution - Completed
o City App/media platform to engage the public – Susanville Click and Fix - Completed o Budget Process – Incorporate Re-organization into Budget Structure / Evaluate Policies / Include Measure P - Completed
• Improve Susan River Trail
o Adopt a Trail Program Implementation – On-going
o Support Clean-Up Activities – On-going
o Volunteer Trail Patrol – In Progress
• Code Enforcement
o Uptown Susanville – Pancera Plaza Area Trash Cleanup - Ongoing o Burned out structures near Main Street – Ongoing
o Respond to complaints, property maintenance ordinance – Ongoing o Access and respond to need for abatement budget – In progress • Improve Main Street
o South East Gateway Project – Ongoing Time extension request granted, Maintenance and Cooperative Agreement with CalTrans approved. Allocation paperwork submitted.

Allocation expected in March 2023. Project can be bid after allocation is granted. • CCC Closure
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City of Susanville Work Priorities
• Monitor Closure Activities
• Business/Economic Development
Financial Stability Efforts
• Economic Development Implementation Strategies –
o Ad Hoc – In progress.
o Master Sale Tax Agreement with County - New
• American Rescue Plan Act – Funding Strategy – In progress (January 17, 2024) • Expenditure Reduction Plan Development – Needs modification based on Measure P • Strategic Plans are being prepared for each department – Departments’ Completed Draft Plans, need to consolidate and prepare city-wide strategic plan. • Sales Tax Measure – Modify Ordinance Per Department of Tax and Fee Request – Completed
o Establish Sales Tax Oversight Board – Complete
• Salary Survey – Pending
• Economic Development Action Items –
o Business Development Assistance – No Progress
o Mural Repairs – Support Volunteers – Ongoing
• Review Fees – No Progress
• Review Cost Allocation – Ongoing
• Business Development Cannabis Ad Hoc – Ordinance adopted, referendum process underway, scheduled to for November 2022 ballot. Complete • Review Combined Services Agreements - Ongoing
• Research Directly Billable Activities – Budget On-going • Implement procedures/policies to control expenses – In Progress • Sale of Real Property – No Progress
• Reorganization Implementation
Relocation of Staff
 City Hall Interior Repairs – No Progress
 Implementation of Staffing Structure effective Complete  Repairs to 606 Nevada for Engineering Staff – Complete • CalPERs UAL Policy – In Progress
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City of Susanville Work Priorities
Provision of Essential Services
• Administration
o Human Resources/employee recruitment and retention
o Grant management/billings
o Budget oversight/preparation
o Review/update policies and procedures
o Golf course maintenance and operations
• City Clerk
o Human Resources/employee recruitment and retention
o Records management/public records requests
• Economic Development
o Economic Development Implementation Plan
• Finance
o Accounts payable
o Accounts receivable
o Utility billings
o Budget oversight
• Fire
o Respond to alarms and other emergency calls/incidents o Overhaul and salvage operations
o Emergency rescue operations
o Public service calls
o Fire prevention inspections
o Test and maintain hydrants and vehicles
o Budget oversight/preparation
o Grant development, administration, and management
o Review/update policies and procedures
• Police
o Patrol City
o Respond to alarms and other emergency call/incidents
o Make arrests as necessary
o Investigate crimes
o Reports
o Enforcement of state, local, and federal laws
o Budget oversight/preparation
o Serve warrants
o Animal Control
o Traffic Enforcement
o Review/update policies and procedures
• Public Works
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City of Susanville Work Priorities
o Respond to utility service calls
o Repair water, geothermal and natural gas leaks
o Public safety awareness/conservation campaign
o Urban water management plan updates
o Maintain water and gas utilities in accordance with state, local, and federal laws o Reports
o Street maintenance, repair, rehabilitation
o Building permits and inspection
o Zoning clearing for projects, use permits, general plan updates o Code enforcement
o Park maintenance and upkeep
o Pool operation maintenance and operations
o Air pollution permitting, inspections, enforcement
o Oversee airport leases, planning, and project development All Departments:
• Interface with Community Groups/Businesses/Agency Partners o Susanville Indian Rancheria
o Lassen County
o LMUD
o Susanville Sanitation District
o Local Area Revitalization Project
o Lassen High School
o Susanville School District
o Lassen County Office of Education
o Lassen Community College
o Lassen Land and Trails Trust
o Ducks Unlimited
o LARP
o Lassen County Chamber of Commerce
o Lassen County Fairgrounds
• Review/update policies and procedures
Additional projects under development:
• Little League Field Security Cameras – Completed
• FD Project Development – Awarded Hat Creek Construction – Complete o Richmond Rd
o Bunyan Rd
o Spring Ridge by Hospital
• Richmond Road and North Gay Water service replacement projects – Complete • Per Capita Park Grant – Memorial Park lighting / pump track – In Progress • Airport Taxiway A Project –Complete
• Airport Taxiway B Project – Funding Requested
• Facilitation of community events (2023) - Complete
o Pet license/rabies clinic
o Home and Garden Show
o Classic Car Show n Shine
o Fair Parade
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City of Susanville Work Priorities
o Safe and Sane Halloween
o Veterans Day Parade
o Magical Country Christmas
o Farmer’s Market/Night Markets
• Sierra Road Site Future Development Concepts
o Community Compost – No Progress
o Urban Farming – Information exchange with LARP
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City of Susanville Work Priorities
Future Council Items List

1. Update on Charging Station Discussion

2. MOU with Lassen Historical Society

3. Discussion on Council goal setting

4. Discussion regarding city vehicle and equipment surplus auction

5. Update on Animal Shelter agreement (how many animals, cost of, etc.)

6. Discussion regarding lack of inventory of affordable low-income housing in support of Lassen Family Services

7. Discussion on collaboration with Lassen County and Susanville Indian Rancheria and City of Susanville to hire a liaison to collaborate with all three entities

8. Discussion regarding options to work with community on animal control and animal shelter agreement

9. Discussion regarding Councilmembers volunteering on projects

10. Discussion regarding Councilmember trainings

11. Discussion regarding partnership with Lassen Family Services in efforts to prioritize youth

12. Discussion regarding Council trainings and nepotism recusal policy trainings

13. Discussion regarding tier two of shopping cart ordinance

14. Discussion regarding increased theft within the community and increase council support to police department

15. Discussion regarding proclamation declaring Susanville as a sanctuary city for the unborn

16. Discussion regarding bringing Airport Capital Improvement Plan to council earlier in the year

17. Discussion proving funding to police department facility renovation

18. Discussion regarding banner permits

19. Discussion regarding dog ordinance

20. Discussion regarding street legal ATV and golf cart ordinance

21. Discussion regarding Veterans preference in hiring

22. Discussion regarding city's airport hangar current use as a city storage

23. Discussion regarding enforcement of shopping cart ordinance

24. Discussion regarding graffiti

25. Discussion regarding dog control and nuisance ordinance

26. Update on Speed Survey
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AGENDA ITEM NO. 12.C
Discussion Item
Submitted By: Dan Newton, Administrative Services
Action Date: February 21, 2024
SUBJECT: Continue discussion on ARPA funding.

PRESENTED BY: Dan Newton, City Administrator
SUMMARY: On December 20, 2023, City Council discussed the proposed expenditure of ARPA funds. The discussion included the list of projects received and ranking criteria.

On January 17, 2024, City Council again discussed the proposed expenditure of ARPA funds. The discussion included a ranked list of projects. Council directed staff to bring back a report regarding the city's debt pay-off amount, including interest savings if the loans were paid off, and a plan on bolstering the city's code enforcement program. Staff will provide reports on both of these items at the meeting. In addition, the City Council set February 7, 2024 as the deadline for submitting requests for the use of ARPA funds.

On February 7, 2024, City Council discussed the item and took input from the public. Council directed staff to prepare a recommended ARPA expenditure plan based on the discussed ranking criteria, with consideration of previously discussed funding categories and any other consideration as directed by Council.

History:

The American Rescue Plan Act provided approximately $3.5 million to the city of Susanville. The funds can be used for a variety of items with an expenditure/obligation deadline of December 31, 2024. On January 6, 2022 the U.S. Department of Treasury released their Final Rule for Coronavirus State and Local Fiscal Recovery (SLFRF) under ARPA. The most flexible spending category under the SLFRF grant program is “Replacement of Lost Revenue” for government services, which the final rule says generally includes any service traditionally provided by local governments. To take advantage of this category of spending, the interim rule required all grantees, regardless of size, to perform a complex calculation to determine how much revenue a locality could claim as lost. The final rule presents a significantly simpler option by permitting local governments to choose a “standard allowance” for lost revenue of $10 million for the lifetime of their grant. Local governments may continue to use the amount provided

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under the calculation, but for those that select the standard allowance, they may use up to $10 million for government services with streamlined reporting requirements compared to those that choose to stay with their calculated amount. In practice, almost no NonEntitlement Unit of local governments received a grant larger than $10 million under the SLFRF program. So in effect, the rule excuses almost local governments with fewer than 50,000 residents who received their grant through their state from requirements associated with the calculation of lost revenue, if they choose, and instead allows all those smaller cities and towns to claim the standard allowance.

The city has approximately $2.5 million in ARPA funds remaining. At previous council meetings the City Council discussed apportioning the funds to the following categories: $1,000,000 for economic development as an external investment. For example, improving Main St. building facades. $500,000 for economic development as an internal investment. For example, hiring an outside firm to provide professional development training to city staff and recommend improvements to development processes. $500,000 for marketing Susanville and $500,000 for city facility repairs and improvements.

Input has been provided by the public as well as city staff and council members.

FISCAL IMPACT: Expenditure of approximately $2.5 million in ARPA funds.

ACTION REQUESTED: Continue discussion regarding utilization of ARPA funds.

ATTACHMENTS:
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AGENDA ITEM NO. 13.A
Discussion Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: February 21, 2024
SUBJECT: Department Reports
PRESENTED BY: Dan Newton, 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.

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Susanville City CouncilFebruary 21, 2024

Susanville City Council
February 21, 2024