Agenda — Susanville City Council, August 7, 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 July 16, 2024 special meeting.

6.B Vendor and payroll warrants

6.C Consider Resolution No 24-6344, approving and authorizing the modification and conditions to the Memorandum of Understanding with the Susanville Police Officers Association Bargaining Unit

7. PUBLIC HEARINGS:

7.A Consider Resolution No. 24-6335, approval the issuance of a Nuisance Abatement Order for

CITY OF SUSANVILLE
66 N. Lassen Street • Susanville CA
Mendy Schuster, Mayor
Russ Brown, Mayor pro tem
Dawn Miller • Patrick Parrish • Curtis Bortle
Susanville City Council
Regular Council Meeting • City Council Chambers
Wednesday, August 7, 2024 – 5:00 PM
NO CLOSED SESSION. MEETING TO START AT 5:00PM
1 1409 Fourth Street (APN 105-045-004-000), declaring dogs owned by John Murray to be a Nuisance.

7.B Consider Resolution No. 24-6336, considering a Cost Report for Administrative Penalties in the amount of $10,000.00 to the owners of 811 Cottage Street APN (103-323-015-000).

7.C Consider Resolution No. 24-6337, considering a Lien for Administrative Penalties in the amount of $10,000.00 to the owners of 811 Cottage Street APN 103-323-015-000.

7.D Consider Resolution No. 24-6338, considering a Cost Report for Administrative Penalties in the amount of $10,000.00 to the owners of 713 Cottage Street APN (103-321-020-000).

7.E Consider Resolution No. 24-6339, considering a Lien for Administrative Penalties in the amount of $10,000.00 to the owners of 713 Cottage Street APN 103-321-020-000.

7.F Consider Ordinance No. 24-1044, amending Title 17 of the Susanville Municipal Code to add sections which regulate and streamline density bonus and affordable housing incentives, accessory dwelling units (ADU's), reasonable accommodations, multifamily design standards, and establishing standards for their uses.

8. COUNCIL DISCUSSION/ANNOUNCEMENTS:

9. NEW BUSINESS:

9.A Consider Resolution No. 24-6340, authorizing the Public Works Director to execute standard agreement with the State of California Office of California Energy Commission and accepting $40,000 in grant funding from the California Automated Permit Processing Program(CalAPP).

9.B Consider Resolution No. 24-6341, Authorizing the Public Works Director to enter into a Lease Agreement with LEAF and maintenance agreement with Forest Office Equipment for a new Kyocera 4054ci printer located at 606 Nevada Street, City's Engineering Division and authorize the Finance Director to make necessary budget amendments to the 7620 budget if needed for the agreements.

9.C Consider Resolution No. 24-6342, Authorizing Mayor to sign Agreement between the City of Susanville (City) and Placer Labs, Inc., for data analytic software annual subscription.

9.D Consider Resolution No. 24-6343, authorizing the purchase of a back up pump motor with the purchase split between Water, Geothermal and the Golf Course, and authorize the Finance Director to adjust the Water, Geothermal and Golf Course budgets as necessary.

9.E Consider appointing an ad hoc committee for the purpose of developing sub-recipient agreements for distributing the American Rescue Plan Act (ARPA) funds.

10. SUSANVILLE COMMUNITY REDEVELOPMENT AGENCY: No business.

11. SUSANVILLE MUNICIPAL ENERGY CORPORATION: No business.

12. CONTINUING BUSINESS: No business.

13. CITY MANAGER'S REPORTS:

13.A Department Reports
2 14. FUTURE COUNCIL ITEMS:

14.A Future Council Items

15. ADJOURNMENT:

The next regular meeting of the Susanville City Council will be held on August 21, 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 forAugust 7, 2024 in the areas designated on August 2, 2024.
3 AGENDA ITEM NO. 6.A
Action Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: August 7, 2024
SUBJECT: Minutes of the City Council July 16, 2024 special meeting.

PRESENTED BY: Heidi Whitlock, City Clerk
SUMMARY: Attached for the Council’s review are the minutes of the City Council’s July 16, 2024 special meeting.

FISCAL IMPACT: None
ACTION REQUESTED: Motion to waive the reading of and approval to receive and file the City Council's minutes from the July 16, 2024 special meeting.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
240716.cc.spec.min.draft.pdf
4 SUSANVILLE CITY COUNCIL
Special Council Meeting Minutes
TUESDAY, JULY 16, 2024 – 4:30 PM
Mayor Schuster called the meeting to order at 4:31pm
Roll Call of Councilmembers Present: Mendy Schuster, Russ Brown, Curtis Bortle, Patrick Parrish, Dawn Miller

1. APPROVAL OF AGENDA: (Additions and/or Deletions)
Moved by Russ Brown; seconded by Curtis Bortle to approve.

Motion Carried: 5 - 0
Voting For: Mendy Schuster, Russ Brown, Curtis Bortle, Patrick Parrish, Dawn Miller Voting Against: None

2. PUBLIC COMMENT REGARDING CLOSED SESSION ITEMS (if any): Any person may address the Council at this time upon any subject for discussion during Closed Session. No comment.

3. CLOSED SESSION: The City Council met in closed session at 4:32pm to discuss the following:

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

1. City Manager Evaluation

4. RETURN TO OPEN SESSION: (recess if necessary) The City Council reconvened in open session at 5:02pm.

The Pledge of Allegiance and Invocation were provided as was an opening prayer from Rajan Zed, President of the Universal Society of Hinduism.

Dan Newton, City Manager, stated that prior to Council convening in closed session, the Council approved the agenda as presented. He continued that they then convened in closed session to discuss the above-mentioned item; however, further discussion is required, and Council will reconvene in closed session following the conclusion of open session.

Erik Edholm, Assistant Director of Engineering, recognized Josh Anderson for his recent promotion to the Parks and Facilities Maintenance Superintendent position.

5. BUSINESS FROM THE FLOOR: Melanie Westbrook, public, invited Council Members to attend the Lassen Association of Realtors Training and Education day to be held on August 1, 2024 at 10:00am.

6. CONSENT CALENDAR:

6.A Minutes of the City Council July 3, 2024 regular meeting. 240703.cc.min.draft.pdf
Motion to waive the reading of and approval to receive and file the City Council's minutes from the July 3, 2024 regular meeting.

Moved by Curtis Bortle; seconded by Russ Brown to approve.

Motion Carried: 5- 0
Voting For: Mendy Schuster, Russ Brown, Curtis Bortle, Patrick Parrish, Dawn Miller Voting Against: None
5 7. PUBLIC HEARINGS: No business.

8. COUNCIL DISCUSSION/ANNOUNCEMENTS: Council Member Bortle stated that he talked with Rocky Deal and provided a brief summary.

9. NEW BUSINESS:

9.A Consider Resolution No. 24-6331, authorizing the following 1) City Council to accept and award Project No. 22-5116-3492, Susanville Southeast Gateway Project in the City of Susanville to the lowest responsible bidder; 2) The City Manager to execute a contract for $2,194,537.25 once bonds and insurance are provided; and 3) Director of Public Works to issue a Notice To Proceed and execute related contract change orders up to amount allocated for project ($2,507,000); and 4) Finance Director to create a budget for the project based on available STIP funds.

Mr. Edholm provided an explanation of the item and requested Council approval of Resolution No. 24-6331. He added that this project has been in the works for quite some time and connects the only area in Susanville that is missing sidewalks on Main Street.

Leann Vanderly, public, requested council consideration of using a local company.

Mr. Newton stated that the city is required to award the contract to the lowest responsible bidder per the California Public Contractor Code. He added that the only way around it is to not award at all.
24-6331.pdf

APPARENT BID OPENING RESULTS - SUSANVILLE SOUTHEAST GATEWAY PROJECT.pdf
Motion to approve Resolution No. 24-6331, authorizing the following 1) City Council to accept and award Project No. 22-5116-3492, Susanville Southeast Gateway Project in the City of Susanville to the lowest responsible bidder; 2) The City Manager to execute a contract for $2,194,537.25 once bonds and insurance are provided; and 3) Director of Public Works to issue a Notice To Proceed and execute related contract change orders up to amount allocated for project ($2,507,000); and 4) Finance Director to create a budget for the project based on available STIP funds.

Moved by Dawn Miller; seconded by Russ Brown to approve.

Motion Carried: 5- 0
Voting For: Mendy Schuster, Russ Brown, Curtis Bortle, Patrick Parrish, Dawn Miller Voting Against: None

9.B Consider Resolution No. 24-6332, Adopting the city of Susanville Fiscal Year 2024/25 Budget and amending budget policies previously adopted by Resolution No. 23-6152.

Chandra Jabbs, Finance Director, presented the proposed 2024/2025 budget and budget policies to the Council including an overview of any changes that have occurred since the last draft was presented.

She added that there is a new fund added, the 1012 fund, for the Code Enforcement Abatement funds acquired by ARPA.
6 Council Member Bortle inquired about the depreciation schedule for the water system to which Ms. Jabbs and Mr. Newton provided an explanation.

Jim McCarthy, public, stated that he would like the Council to consider getting rid of the Planning Commission as it is not required. He stated that the planning staff could handle it.

He inquired as to how much it would save.
24-6332 Budget.pdf
Exhibit A.pdf
Exhibit B Budget Process and Policies.docx
FY 24.25 Line Item Budget.pdf
Local Sales Tax Oversight Board Budget Report FY 24.25 Final.pdf Motion to approve Resolution No. 24-6332, Adopting the city of Susanville Fiscal Year 2024/25 Budget and amending budget policies previously adopted by Resolution No. 23- 6152.Moved by Russ Brown; seconded by Patrick Parrish to approve.

Motion Carried: 5- 0
Voting For: Mendy Schuster, Russ Brown, Curtis Bortle, Patrick Parrish, Dawn Miller Voting Against: None

9.C Consider Resolution No. 24-6333, Establishing Appropriations Limitation for Fiscal Year 2024-2025
Ms. Jabbs provided an explanation of the item and requested Council approval of Resolution No. 24-6333.
24-6333 Appropriations.pdf
Motion to approve Resolution No. 24-6333, Establishing Appropriations Limitation for Fiscal Year 2024-2025
Moved by Curtis Bortle; seconded by Dawn Miller to approve.

Motion Carried: 5- 0
Voting For: Mendy Schuster, Russ Brown, Curtis Bortle, Patrick Parrish, Dawn Miller Voting Against: None

9.D Consider Resolution No. 24-6334, authorizing the purchase of a new fire engine in the amount of $929,995.24 for the Susanville Fire Department and authorizing the Finance Director to create a project budget for the purchase.

Michael Bollinger, Public Safety Chief, provided an explanation of the item and requested Council approval of Resolution No. 24-6334.
24-6334.pdf
3 quotes engine purchase.pdf
Fire App Solutions Final Invoice.pdf
Susanville FD FAS Proposal Revised 7-2-24 (1) (003).pdf Motion to approve Resolution No. 24-6334, authorizing the purchase of a new fire engine in the amount of $929,995.24 for the Susanville Fire Department and authorizing the Finance Director to create a project budget for the purchase.

Moved by Russ Brown; seconded by Dawn Miller to approve.

Motion Carried: 5- 0
7 Voting For: Mendy Schuster, Russ Brown, Curtis Bortle, Patrick Parrish, Dawn Miller Voting Against: None

10. CONTINUING BUSINESS: No business.

11. CITY MANAGER REPORTS:

11.A Department Reports
Department heads in attendance and the Assistant to the City Manager provided updates on items related to their departments.

12. FUTURE COUNCIL ITEMS:

12.A Future Council Items Possible direction to staff.

Council Member Parrish requested a formal change to the public comment time to 3 minutes be added to the agenda.

The Council recessed at 6:17pm prior to going back into closed session.

The Council reconvened in closed session at 6:31pm.

The Council reconvened in open session at 7:52pm.

Mr. Newton stated that the Council reconvened in closed session to continue discussing item 3A. No reportable action was taken, but direction was provided to staff. 240716.FutureItemsList.pdf

13. ADJOURNMENT: Motion to adjourn at 7:53pm.
____________________________ ___________________________ Heidi Whitlock, City Clerk Mendy Schuster, Mayor
Approved on:
8 AGENDA ITEM NO. 6.B
Action Item
Submitted By: Alicia Cordova, Finance
Action Date: August 7, 2024
SUBJECT: Vendor and payroll warrants
PRESENTED BY: Chandra Jabbs, Finance Manager
SUMMARY: Warrants dated June 22, 2024 through July 26, 2024 numbered 221120-221122, 221164-221387.

FISCAL IMPACT: Accounts Payable vendor warrants totaling $1,186,604.17, plus $1,102,305.14 in payroll warrants, for a total of $2,288,909.31.

ACTION REQUESTED: Motion to receive and file

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
06-27-24.pdf
06-28-24.pdf
07-05-24.pdf
07-10-24.pdf
07-11-24.pdf
07-18-24.pdf
07-25-24.pdf
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19 CITY OF SUSANVILLE Check Register - Payments by Vendor Page: 1 Check Issue Dates: 6/28/2024 - 6/28/2024 Jun 28, 2024 10:47AM Report Criteria:

Report type: GL detail
Check.Voided = False
GL Check Check Vendor Description Invoice Inv GL Account GL Account Title Seq Check Period Issue Date Number Number Payee Number Seq No Amount Amount 07/24 07/10/2024 221273 728 U.S. POSTMASTER REMINDERS 101-103-WATER 071024 1 7110-430-42-46 POSTAGE 185.78 185.78 07/24 07/10/2024 221273 728 U.S. POSTMASTER REMINDERS 101-103-GAS 071024 2 7401-430-62-46 POSTAGE 95.70 95.70 Total 071024: 281.48 281.48
Grand Totals: 281.48 281.48
M = Manual Check, V = Void Check
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AGENDA ITEM NO. 6.C
Action Item
Submitted By: Jolene Arredondo, Administrative Services Action Date: August 7, 2024
SUBJECT: Consider Resolution No 24-6344, approving and authorizing the modification and conditions to the Memorandum of Understanding with the Susanville Police Officers Association Bargaining Unit PRESENTED BY: Dan Newton, City Manager
SUMMARY: The Susanville Police Officers Association (SPOA) has met and conferred in good faith and has agreed to modify the organizational chart of the Susanville Police Department to remove the Police Captain position and include two (2) Police Lieutenant positions and to remove the Police Chief position and add one (1) Public Safety Chief position. The City Council approved these organizational changes at a regular City Council meeting held on December 20, 2023. As part of these adopted changes, modification to the Susanville Police Officers Association’s Memorandum of
Understanding need to be incorporated. Additional changes to the MOU were addressed through the meet and confer process, those changes are summarized below and outlined in the attached Bargaining Unit Side Letter.

Addition of Lieutenant to SPOA MOU
Modification of verbiage for holidays
Addition of Corporal to specialty assignments with 2.5% specialty pay for two (2) members of the unit.

FISCAL IMPACT: As determined by the terms negotiated by the Susanville Police Officers Association Bargaining Unit.

ACTION REQUESTED: Motion to approve Resolution No. 24-6344, approving and authorizing the modification and conditions to the Memorandum of Understanding with the Susanville Police Officers Association Bargaining Unit

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:

Side Letter No. 2.pdf
24-6344.pdf
62 City of Susanville
(530) 252-5100 • 66 North Lassen Street • Susanville, CA 96130-3904 Mendy Schuster Councilmembers:

Mayor Curtis Bortle
Russ Brown Dawn Miller
Mayor pro tem Patrick Parrish
www.cityofsusanville.org
To the Susanville Police Officers Association (SPOA) Representatives, The Susanville Police Officers Association (SPOA) has met and conferred in good faith and has agreed to modify the organizational chart of the Susanville Police Department to remove the Police Captain position and include two (2) Police Lieutenant positions and to remove the Police Chief position and add one (1) Public Safety Chief position. The City Council approved these organizational changes of the ASSOCIATION at a regular City Council meeting held on December 20, 2023. As part of these adopted changes, modification to the Susanville Police Officers Association’s Memorandum of Understanding need to be incorporated. The following position has been proposed to be distributed into the Susanville Police Officers Association (SPOA) at the below proposed ranges and steps:

Position Proposed Range
Police Lieutenant 147-156
The proposed range of this position incorporates the existing ASSOCIATION incentives and longevity incentives. The job description for this position has been presented to the SPOA Unit and has met requirements for final approval. Police Lieutenants are non-exempt positions and are eligible and subject to the provisions as outlined in the 2023-2025 SPOA MOU including and notwithstanding the provisions as listed below:

The Police Lieutenant positions are subject to union dues in which the CITY will deduct from their wages the regular monthly dues. Such dues shall be deducted and transmitted to the association upon notification from the association that an employee has submitted a voluntary, revocable, written application for association membership in a manner complying with legal requirements. The CITY will cease dues deduction if notified by the association that an employee is no longer a member.

Notwithstanding Section 7F, the Police Lieutenant position is not eligible for specialty pay assignments or night differential pay.

Attached to this letter is the updated SPOA Memorandum of Understanding’s Exhibit “A” Position Classification Schedule which demonstrates all ASSOCIATION members and those position ranges.

Additional SPOA MOU modifications include the following:

Section 12 Holidays, Subsection B: Members of the ASSOCIATION assigned to patrol schedule will recognize holidays as they fall on the calendar. Members will no longer observe holidays on the days observed and recognized by the city of Susanville.

Section 7 Salary Scale, Merit Step increase and pay period, Subsection F: Specialty Pay: Addition of the Corporal assignment as a 2.5% specialty assignment available to two (2) members of the ASSOCIATION. 63 Mendy Schuster Councilmembers:

Mayor Curtis Bortle
Russ Brown Dawn Miller
Mayor pro tem Patrick Parrish
www.cityofsusanville.org
This side letter and the terms outlined shall remain in effect through and including June 30, 2025, or until a successor MOU is reached, unless a specific provision provides for a different commencement and/or termination date. This letter has been ratified by both the CITY and UNIT on the 7th day of August 2024. _________________________________ ________________________________ Dan Newton
City Manager SPOA UNIT Representative
________________________________
SPOA UNIT Representative
64 Mendy Schuster Councilmembers:

Mayor Curtis Bortle
Russ Brown Dawn Miller
Mayor pro tem Patrick Parrish
www.cityofsusanville.org

POSITION RANGE
Police Officer - Base 136
Police Officer – 2.5% Incentive 137
Police Officer – 5.0% Incentive 138
Police Officer – 7.5% Incentive 139
Police Officer – 10% Incentive 140
Police Officer – 12.5% Incentive 141
Police Officer – 15.0% Incentive 142
Police Officer – 17.5% Incentive 143
Police Officer – 20.0% incentive 144
Police Officer – 22.5% incentive 145

Police Sergeant - Base 143
Police Sergeant – 2.5% Incentive 144
Police Sergeant – 5.0% Incentive 145
Police Sergeant – 7.5% Incentive 146
Police Sergeant – 10% Incentive 147
Police Sergeant – 12.5% Incentive 148
Police Sergeant – 15.0% Incentive 149
Police Sergeant – 17.5% Incentive 150
Police Sergeant – 20.0% incentive 151
Police Sergeant – 22.5% incentive 152
Police Lieutenant* - Base 147
Police Lieutenant* – 2.5% Incentive 148
Police Lieutenant* – 5.0% Incentive 149
Police Lieutenant* – 7.5% Incentive 150
Police Lieutenant* – 10% Incentive 151
Police Lieutenant* – 12.5% Incentive 152
Police Lieutenant* – 15.0% Incentive 153
Police Lieutenant* – 17.5% Incentive 154
Police Lieutenant* – 20.0% incentive 155
Police Lieutenant* – 22.5% incentive 156
Each incentive increase increment of 2.5% is achieved by providing the members of this ASSOCIATION with a salary matrix range increase. Each range in the salary matrix is 2.5% higher than the previous range.
*As adopted by Resolution, the Police Lieutenant has been added to the SPOA MOU. 65 1
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28 RESOLUTION NO. 24-6344

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

APPROVING AND AUTHORIZING THE MODIFICATION AND CONDITIONS TO THE

MEMORANDUM OF UNDERSTANDING WITH THE SUSANVILLE POLICE OFFICERS

ASSOCIATION BARGAINING UNIT
WHEREAS, the dissolution of the Professional Technical Unit agreed to distribute the Police Captain position into the Susanville Police Officers Association Bargaining Unit as of July 8, 2023; and
WHEREAS, at a regular City Council meeting held on December 20, 2023, the City Council approved organizational changes the organizational chart of the Susanville Police Department to remove the Police Captain position and include two (2) Police Lieutenant positions and to remove the Police Chief position and add one (1) Public Safety Chief position; and
WHEREAS, the Susanville Police Officers Association Bargaining Unit has ratified the respective agreement with the terms and conditions as outlined in the attached side letter; and WHEREAS, the representatives from the Susanville Police Officers Association Bargaining Unit have negotiated a labor agreement according to the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the agreement has been negotiated within the parameters established by the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby approves and authorizes the following:

1. The Memorandum of Understanding with the Susanville Police Officers Association Bargaining Unit will adopt the attached side letter and incorporate the changes as outlined into the Susanville Police Officers Association Bargaining Unit Side Letter for the period of August 7, 2024, through and including June 30, 2025; and

2. The Finance Director shall modify the 2024/2025 fiscal year budget as necessary to accommodate the outlined changes made by the Susanville Police Officers Association Bargaining Unit Side Letter.

APPROVED: _______________________________
Mendy Schuster, Mayor
ATTEST: _______________________________
Heidi Whitlock, Clerk
The foregoing Resolution was adopted at a regular meeting of the City Council for the City of Susanville held on the 7th day of August, 2024 by the following vote:

AYES:

NOES:

ABSENT:
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28 ABSTAIN:
_______________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _______________________________
Margaret Long, City Attorney
67 AGENDA ITEM NO. 7.A
Public Hearing
Submitted By: Kelly Mumper, Building & Planning Division Action Date: August 7, 2024
SUBJECT: Consider Resolution No. 24-6335, approval the issuance of a Nuisance Abatement Order for 1409 Fourth Street (APN 105-045- 004-000), declaring dogs owned by John Murray to be a Nuisance.

PRESENTED BY: Kelly Mumper, City Planner
SUMMARY: Code Enforcement Case No. CE#2024-005, 1409 Fourth Street (APN 105-045-004-000).

The City Code Enforcement Division and Police Department have received numerous complaints from property owners over the years regarding the keeping and breeding of hybrid wolf dogs on the subject property in excess of what is allowed under the Susanville Municipal Code without first obtaining a Use Permit from the Planning Department and a Commercial Kennel License from the Police Department.

Specifically, the inspection reports and photos show that Mr. Murray has continued to keep more than 6 dogs at his residence without the proper dog licensing, vaccinations, Use Permit, and kennels license.

Finally, the property owner has failed to comply with the Notice of Intent to Declare a Public Nuisance Order which required the property owner to comply within 10 days of receiving. The property owner was served in person and the notice physically posted to the residence.

The notice was also mailed to the property owner via first class mail.

FISCAL IMPACT: None.

ACTION REQUESTED: Motion to approve Resolution No. 24-6335, approving the issuance of a Nuisance Abetment Order for 1409 Fourth Street (APN 105-045- 004-000), declaring dogs owned by John Murray to be a Nuisance.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:

Public Notice_Post_ 1409 Fourth St.docx
1409 4th St. Nusiance Abatement Order.docx
Notice of Intent to Declare Public Nuisance-Public Hearing.docx 68 Partially Redacted Complaint Form.pdf
24-7-15 Inspection Report.docx
24-7-9 Inspection Report.docx
7-9-24 Inspection Photo.jpg
Public Notice-Physical Posting to Residence.jpg
7-24-24 Inspection Photo.jpg
7-26-24 Site Inspection Photo.jpg
24-6335.pdf
69 City of Susanville
(530) 252-5100 • 66 North Lassen Street • Susanville, CA 96130-3904

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Susanville will conduct a Public Hearing pursuant to Susanville Municipal Code Chapter 6.04 to solicit comments regarding the issuance of Nuisance Abatement Order at the following location:
 1409 Fourth Street, Susanville, California 96130 APN #105-045- 004-000
The Public Hearing will be held on Wednesday August 7, 2024, at 5:00 P.M. (or as soon thereafter as the agenda permits) in the Susanville City Council Chambers located at 66 North Lassen Street, Susanville, California. The public is invited to attend and provide oral and/or written comments. Written comments must be received prior to 4:00 P.M. Friday August 2, 2024, for City Council review.

Notice Posted: JULY 15, 2024
By: Mike Prettyman, CODE ENFORCEMENT OFFICER ___________________________________________ 70 1
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28 1 – NUISANCE ABATEMENT ORDER
Margaret E. Long – SBN #227176
City Attorney for City of Susanville
66 North Lassen Street
Susanville, CA 96130
Phone: 530-252-5100
[email protected]
Attorney for: Petitioner/City of Susanville

CITY OF SUSANVILLE- CITY COUNCIL

CITY OF SUSANVILLE
Petitioner,
v.

JOHN MURRAY
Respondent.

NUISANCE ABATEMENT ORDER
Hearing: August 7, 2024, at 5:30 p.m. in
Council Chambers
66 North Lassen Street
Susanville, CA 96130

1. This proceeding was heard:
a. On August 7, 2024, at 5:30 pm in the Council Chambers at 66 North Lassen Street, Susanville, CA 96130.
b. By the City Council of the City of Susanville with the following councilmembers present:
c. Mendy Schuster presided over the procedure as Mayor. d. This matter was set on a "Notice of Intention to Abate Public Nuisance & Notice of Public Hearing" dated July 8, 2024, and served on Respondent John Murray by Certified Mail on July 8, 2024, and posted on the structure at 1409 Fourth Street on July 8, 2024.
e. Present at the hearing were:
i. Kelly Mumper, City Planner and Cide Enforcement Supervisor, representing the City of Susanville.
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28 2 – NUISANCE ABATEMENT ORDER
ii. The Respondent failed to appear at this proceeding.

FINDINGS
The Susanville City Council makes the following findings.

1. John Murray is the owner of record for 1409 Fourth Street, Susanville, California 96130.

2. John Murray is the owner and responsible party for numerous wolf-dog hybrids that are kept at 1409 Fourth Street, Susanville, California 96130.

3. John Murray is incapable of abating the nuisance conditions caused by the numerous dogs under his care and responsibility.

4. John Murray has allowed his dogs to disturb the peace of the community due to his inability to keep them contained to his property.

5. John Murray is in violation of the Zoning Ordinance Chapter 6.04 by having seven (7) or more dogs in his possession and at his residence at 1409 Fourth Street.

6. John Murray is in violation of California Health and Safety laws and the Susanville Municipal Code for having dogs over the age of four (4) months without proof of current rabies vaccinations.

7. John Murray is in violation of the Susanville Municipal Code for not having his dogs licensed.

8. John Murray has allowed his dogs to disturb the peace of the community by unreasonable noises and odors.
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28 3 – NUISANCE ABATEMENT ORDER

9. John Murray failed to comply with two prior Nuisance Abatement Orders dated October 28, 2022, March 15, 2023.

10. John Murray’s disregard for the Susanville Municipal Code, and two prior Nuisance Abatement Orders resulted in the euthanasia of at least two litters of puppies due to Parvo virus.

11. John Murray’s negligent behavior has resulted in his inability to maintain a safe environment for any dogs at 1409 Fourth Street in Susanville, California.

12. Pursuant to City of Susanville Municipal Code chapter 8.32.040, "No person may maintain or use property or allow their property to be maintained or used in a manner that creates or fosters the creation of a public nuisance."

13. John Murray was previously properly served with a Notice of Violation on March 3, 2022, and June 1, 2022, first class mail service pursuant to City of Susanville Municipal Code section 8.32.060.

14. John Murray was properly served with a Notie of Intent to Declare A Nuisance and Notice of Public Hearing on July 8, 2024, certified mail service pursuant to City of Susanville Municipal Code section 8.32.060.

15. John Murray was properly served with a Notice of Intention to Abate Public Nuisance and Notice of Public Hearing on July 8, 2024, and that said notice was properly posted at 1409 Fourth Street on July 8, 2024, pursuant to City of Susanville Municipal Code section 8.32.090.

16. John Murray’s inability to comply with the City of Susanville Municipal Code has 73 1
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28 4 – NUISANCE ABATEMENT ORDER
resulted in the issuance of this Nuisance Abatement Order.

ORDERS
The Susanville City Council orders the following.

1. John Murray must not have any dogs at 1409 Fourth Street.

5. If John Murray does not comply with this order for 1409 Fourth Street by 11:59 pm on August 17, 2024, the City of Susanville Police Department Animal Control Officer SHALL enforce this Nuisance Abatement Order by removing all dogs from the subject property.

COST RECOVERY

7. All costs of the City's abatement efforts, including the abatement work and administrative time to investigate and to hear and effect the abatement shall be charged against John Murray as a personal debt or may be assessed upon 1409 Fourth Street and will constitute a lien or special assessment upon the property until paid.

8. This Order shall be effective for one year after issuance. During such period, the City Council shall retain jurisdiction over the conditions of the building, structure or property which constituted the nuisance established by this Order, as well as the abatement thereof, to ensure that the nuisance does not reoccur and that the building, structure or property is maintained in such a manner so as not to create a nuisance. If, during this one-year period, any enforcement official determines that the same or another nuisance, as defined by this chapter exists with respect to the building, structure or property, he or she SHALL give notice to abate the nuisance as provided for in section 8.32.060 of the City of Susanville Municipal Code. If John Murray does not abate the nuisance at any time within the abatement period, the City may proceed with the abatement itself under the provisions of section 8.32.190 of the City of Susanville Municipal Code without further action of the hearing board. The City of Susanville may also recover all of its abatement effort 74 1
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28 5 – NUISANCE ABATEMENT ORDER
costs as provided for in the City of Susanville Municipal Code.

APPEAL
Judicial Review:

Any person aggrieved by a nuisance abatement order affirmed by the Susanville City Council may obtain review of the nuisance abatement order in the Superior Court of Lassen County by filing with the court a petition for writ of mandate.

The foregoing nuisance abatement order was approved at a regular meeting of the City Council of the City of Susanville, held on the 7th day of August 2024. Resolution No. 24-XXXX of the City Council of the City of Susanville further resolves and authorizes the mayor to sign the foregoing nuisance abatement order.

Dated: August 7, 2024
________________________________________

MENDY SCHUSTER, MAYOR
Susanville City Council
I, Kelly Mumper, City Planner and Code Enforcement Supervisor for the City of Susanville attest that this copy of a Nuisance Abate Order issued by the City Council, and as memorialized by Resolution of the Susanville City Council No. 24-XXXX, is a true and accurate copy of the order to which I personally witnessed Mendy Schuster, Mayor of the Susanville City Council sign on the 7th day of August 2024. I declare under penalty of perjury that the forgoing is true and correct.
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28 6 – NUISANCE ABATEMENT ORDER
Dated: August 7, 2024
________________________________________
Kelly Mumper
City Planner/Code Enforcement Supervisor
76 City of Susanville
(530) 252-5100 • 66 North Lassen Street • Susanville, CA 96130-3904 Mendy Schuster Councilmembers:

Mayor Curtis Bortle
Russ Brown Dawn Miller
Mayor pro tem Patrick Parrish
www.cityofsusanville.org

NOTICE OF INTENT TO DECLARE NUISANCE AND
NOITICE OF PUBLIC HEARING – CITY COUNCIL
(Susanville Municipal Code Chapter 6.04)
July 15, 2024
John K. Murray
1409 Fourth Street
Susanville, California 96130
RE: 1409 Fourth Street, Susanville, California 96130
APN: 105-045-004-000
Code Enforcement Case #CE2024-005 (Previous Case #CE2022-012) To Mr. John K. Murray:

You are hereby noticed that pursuant to Chapter 6.04 of the Susanville Municipal Code, the City of Susanville is seeking a resolution of the city council of the City of Susanville to make a declaration of nuisance regarding any dog that you may own, control, possess, harbor, temporarily possess, etc. This action is in addition to any administrative, civil, or criminal action currently being sought by the City of Susanville or the city’s agents.

You are hereby ordered to cease and desist the allowance of nuisance activities that affect the general public peace, health and welfare.

Public Hearing
A public hearing shall be scheduled for Wednesday August 7, 2024, at 5:00 p.m. inside the City Council Chambers for the City of Susanville at 66 North Lassen Street, Susanville, California 96130. The city council will consider testimony by staff, by you, and from the public to whether a declaration of nuisance be issued and for any additional abatement orders by the city council.
77 Actions to Correct Violations
 All dogs in your possession must be licensed and must have proof of rabies vaccination.

This applies to all dogs aged four (4) months or older.  Shall contact the Planning Department to apply for a conditional use permit to permit a kennel operation within R-1 Single Family Residential zoned lands.  Must obtain a kennels license through the Susanville Police Department.  Shall ensure that the public peace is not disturbed by unnecessary noises and odors of dogs that are kept upon your property and shall ensure your dogs are not allowed to exit your property unrestrained and roam at large.

Timeline
 You have 10 days to initiate the process to correct the aforementioned violations.  Notice to be provided on July 15, 2024.
 Initial abatement period ends July 25, 2024.
 Public Hearing to be held August 7, 2024, at 5:00 p.m. inside council chambers located at 66 North Lassen Street, Susanville, California 96130 The City of Susanville appreciates your cooperation regarding the matter as mentioned above as it is the intent of the City of Susanville to gain your compliance without the use of punitive enforcement procedures. If you have any further questions or concerns, you may contact me at (530) 252-5104.

Respectfully,
Kelly Mumper
City Planner/Code Enforcement Supervisor
78 Building & Planning Division 66 N Lassen Street Susanville CA 96130 Date of Complaint: �1.,\,lu...{ � Zozf Address of Alleged Violation: / "t-bq ±�Sf-, Susanville Ga--Owner D Tenant D Unknown
Nature of Complaint
�h&Safety D Landscape
Describe the Alleged Violation
Office Use Only
D Building/Remodeling without a Permit
Complaint Referred To: D Admin D Planning D Building D Fire Dept. D Public Works D Police When finished investigating this complaint please return all documents to the Permit Technician Case Reviewed By: ______ Date Of Review: ____
Investigation Report:

D Pictures D Letter Sent D Referred to another agency D No violation found D Follow up in 10 days □Investigation Closed Date: ____ Assigned Case No. ____________
Received Stamp & Initial Received Stamp & Initial
79 VIOLATION INSPECTION / UPDATE REPORT
CASE # ____2024-005___ _
INSPECTION # 2 __
DATE: 7-15-24
TIME: 9:56 AM
OWNER: John K Murray
PROPERTY ADDRESS: 1409 Fourth St.
_Susanville, Ca. 96130
A.P.N.: ___105-045-004
ZONING: ______
PERSON CONTACTED: Mr. Murray ____ PHONE:

RELATION TO PROPERTY: Owner __________
CONDITIONS OBSERVED:

I posted a Notice of Public Hearing at the entranceway of the property and spoke briefly with Mr. Murray informing him of the Notice for the continued excessive dog nuisance as well as the date of the public hearing before City Counsel.

PHOTOS: YES _X__ NO_____
Code Enforcement Officer: M. Prettyman
80 VIOLATION INSPECTION / UPDATE REPORT
CASE # _____pending___ _
INSPECTION # 1 __
DATE: 7-9-24
TIME: 9:56 AM
OWNER: John K Murray
PROPERTY ADDRESS: 1409 Fourth St.
_Susanville, Ca. 96130
A.P.N.: ___105-045-004
ZONING: ______
PERSON CONTACTED: none ____ PHONE:

RELATION TO PROPERTY: __________
CONDITIONS OBSERVED:

In response to reports of potential City Municipal Code violations, I inspected and photographed the above referenced property from a public roadway. I counted no less than 12 dogs on the property and one dog outside the fence that may be associated with the property.

PHOTOS: YES _X__ NO_____
Code Enforcement Officer: M. Prettyman
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28 RESOLUTION NO. 24-6335

A RESOLUTION OF CITY COUNCIL OF THE CITY OF SUSANVILLE

DECLARING DOGS OWNED BY JOHN MURRAY

TO BE A NUISANCE
WHEREAS, California Government Code Sections §36901, §38771, and §38773.5(a) authorizes the city of Susanville to enact ordinances declaring what constitutes a nuisance, the procedures for abating nuisance conditions, providing for the recovery of costs and attorney fees to abate the nuisance and providing for the collection of civil penalties; and WHEREAS, Susanville Municipal Code Section 6.04.080 empowers the City Council to declare animals to be nuisance and to order the responsible party to abate said nuisance; and WHEREAS, for years the citizens of the city of Susanville and those who reside just within the unincorporated territory of Lassen County have been aggrieved by numerous dogs under the care, control, ownership, and possession of John Murray.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville, after considering oral and written testimony from the public and testimony by John Murray, hereby finds the following:

A. John Murray is the owner of record for 1409 Fourth Street, Susanville, California 96130, and
B. John Murray is the owner of record for 697-045 Cheney Creek Road, Susanville, California 96130, and
C. John Murray is the owner and responsible party for a number of wolf-dog hybrids that are kept between his property located at 1409 Fourth Street, and D. John Murray has allowed his dogs to roam at large in violation of the Susanville Municipal Code, and
E. John Murray has allowed his dogs to disturb the peace of the community by unreasonable noises and odors, and
F. John Murray is in violation of the Susanville Zoning Ordinance by having 7 or more dogs in his possession at his residence on Fourth Street without obtaining a kennel license and other land use entitlements within the required timeframe (July 25, 2024) as per the notice of intent to declare a public nuisance, and G. John Murray is in violation of California health and safety laws and the Susanville Municipal Code for having dogs over the age of 4 months without proof of current rabies vaccinations, and
H. John Murray is in violation of the Susanville Municipal Code for not having his dogs licensed with the city, and
I. John Murray has had multiple litters of dogs suffer from parvo, and BE IT FURTHER RESOLVED, that the Susanville City Council hereby orders John Murray to abate the nuisances created by dogs in his care, control, ownership, and possession and shall within ten (10) days do the following:

A. John Murray shall reduce the number of dogs residing at 1409 Fourth Street (APN 105-045-004-000) to be zero, and
B. Any dog that is found or located on 1409 Fourth Street property after the required abatement period shall constitute a dog at-large, and 86 1
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28 C. John Murray shall comply with any provisions of Title 6, Title 8, Title 15, and Title 17 of the Susanville Municipal Code in regard to any such animal, including dogs, or the condition of real property relating to the keeping of any animal, including dogs, and shall comply with any lawful order provided by any city official empowered by the City of Susanville to enforce its code, or any peace officer of the State of California, and
D. John Murray shall comply with all local, state and federal laws regarding the keeping of dogs withing the City of Susanville, County of Lassen, and State of California, and
E. The Susanville Police Department shall be authorized to seize any dog owned by John Murray in violation of the nuisance abatement order, and F. The City of Susanville is authorized to seek an inspection and abatement warrant through the Lassen County Superior Court for any dog in violation of this order that is found to be upon the property of 1409th Fourth Street, and 697-045 Cheney Creek Road, or within any portion of territory within unincorporated Lassen County, and
BE IT FURTHER RESOLVED, that the City Council of the city of Susanville hereby declares the dogs that are in the care, control, ownership, and possession of John Murray to be a nuisance and has called for the abatement of nuisance conditions caused by said dogs, and hereby authorizes the mayor to sign a nuisance abatement order against John Murray.

APPROVED:_______________________
Mendy Schuster, 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 7th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: __________________________
Margaret Long, City Attorney
87 AGENDA ITEM NO. 7.B
Public Hearing
Submitted By: Kelly Mumper, Building & Planning Division Action Date: August 7, 2024
SUBJECT: Consider Resolution No. 24-6336, considering a Cost Report for Administrative Penalties in the amount of $10,000.00 to the owners of 811 Cottage Street APN (103-323-015-000).

PRESENTED BY: Kelly Mumper, City Planner
SUMMARY: Approval of Cost Report for Administrative Fines in the amount of $10,000.00 for continuous violations while under nuisance abatement order.

FISCAL IMPACT: None.

ACTION REQUESTED: Motion to approve Resolution No. 24-6336, approving the Cost Report for Administrative Penalties in the amount of $10,000.00 to the owners of 811 Cottage Street APN (103-323-015-000).

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6336.pdf
Cost Report - 811 Cottage Street.docx
Nuisance_Abatement_Order_After_Hearing_NA2023-002_811_Cottage.pdf 88 1
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28 RESOLUTION NO. 24-6336

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

APPROVING A COST REPORT OF UNPAID ADMINSTRATIVE CIVIL PENALTIES ISSUED AGAINST 811 COTTAGE STREET APN 103-323-015-000
NUSIANCE ABATEMENT ORDER NO. 2023-002
WHEREAS, California Government Code Sections 36901, 38771, and 38773.5(a) authorizes the City of Susanville to enact ordinances declaring what constitutes a nuisance, the procedures for abating nuisance conditions, providing for the recovery of costs and attorney fees to abate the nuisance, and providing for the collection of civil penalties; and WHEREAS, the Susanville City Council adopted Ordinance 17-1011, that declares what constitutes a nuisance, and adopted Chapter 8.32 of the Susanville Municipal Code to outline the procedures for the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 811 Cottage Street also known by assessors’ parcel number 103-323-015-000 was subject to nuisance abatement order by Resolution No. 23-1147 by the Susanville Planning Commission; and
WHEREAS, the approved nuisance abatement order was not complied with during the abatement order time period and the Susanville Planning Commission ordered the assessment of administrative civil penalties in the amount of $10,000.00 to be collected from the property owner; and
WHEREAS, the amount of unpaid administrative fines and penalties as of August 7, 2024, is in the amount of $10,000.00; and
WHEREAS, the property owners were adequately noticed and the property owners did not appeal the Planning Commission’s decision to the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby approves the cost report presented and orders the owners of 811 Cottage Street, APN 103-323-015-000, Caribbean Property Investments, Inc., to pay the total amount of $10,000.00 and any interest accrued, which shall commence from September 26, 2023, if the fine is not paid by the property owners by August 14, 2024.

APPROVED:_______________________
Mendy Schuster, 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 7th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
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28 _____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
90 CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
1 LN2024-002(NA#2023-002) | 811 Co? age Street (APN) 103-323-015-000 Property Details
Address: 811 Cottage Street, Susanville, California 96130 APN: 103-323-015-000
Property Owner: Caribbean Investments, LLC
Approximate Parcel Size: 5,833 sq. ft.

Approximate
Structure Size:
2 Accessory Structures (600 sq. ft.)
Zoning:

General Plan:

UBD: Uptown Business District
Mixed Use
Background
Susanville Municipal Code Chapter 8.32 provides a method for the identification and abatement of public nuisances within the city and the recovery of costs. Specifically, whenever the enforcement official determines that a public nuisance exists, pursuant to the municipal code, the enforcement official shall request the property owner abate the nuisance during a reasonable timeframe (not less than 10-days). If the nuisance is not abated within that time, the matter may be set for hearing before the Susanville Planning Commission acting as the nuisance abatement hearing board. If the hearing board determines a public nuisance exists, the property owner is therefore ordered by the Susanville Planning Commission to abate the nuisance within an allotted time. The nuisance abatement order issued is consistent with Section 8.32.130 of the Susanville Municipal Code. The written nuisance abatement order sets to memorialize the findings made by the Commission and provides for the means and manner to abate the nuisances upon the property.

In addition to the findings and orders contained within the nuisance abatement order, the Susanville Planning Commission may consider the addition of administrative civil assessment penalties for failing to comply with the order. The authority to assess administrative civil penalties by the Planning Commission is authorized by Susanville Municipal Code § 8.32.290.

8.32.290 SMC allows for the Planning Commission to impose penalties upon persons responsible for creating, maintain or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars per day for each day that the public nuisance occurs and shall not exceed ten thousand dollars. In determining the amount of the penalty, the Planning Commission may take any or all of the following factors into consideration:
 The period of time during which the public nuisance occurred.  The nature, frequency, and recurrence of the public nuisance.  The ease with which the public nuisance could have been abated.  Good faith efforts made to deter the public nuisance or ameliorate its effects.  The economic impact of the penalty upon person responsible for payment.  The impact of the public nuisance on the community.
 Such other factors as just may require.

In accordance with the Susanville Municipal Code, the enforcement official may recover its administrative and abatement costs for the abatement of public nuisance through the recording of a proposed lien and imposition of a special assessment against the subject property. All property owners are provided with an opportunity to pay these costs within a minimum of 10 daysnotice of any preliminary cost reports. If the owner does not pay, a public hearing setting 91 CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
2 LN2024-002(NA#2023-002) | 811 Co? age Street (APN) 103-323-015-000 the final cost report shall be scheduled with the city council. The city council shall receive, hear, and consider the cost report, together with any other relevant evidence, objections, protests, or testimony. Thereupon, the city council may make such revision, correction, or modification to the report as it may deem just after which, by resolution, the details of the report, as submitted or revised, corrected, or modified, shall be confirmed. Subsequent to the cost report hearing, the city council shall consider if the aforementioned proposed lien shall become a lien, the council may also order the costs be specially assessed against the property and collected at the same time and in the same manner as property taxes are collected.

The enforcement of the Susanville Municipal Code, other ordinances adopted by the city, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of city agreement made pursuant to the police power is a matter of public health, safety, and welfare and serves important public purposes.

Public Nuisance or Violation Determination
The commercial property located at 811 Cottage Street, is the current site of location where the violations existed during the abatement order period and after. Due to the condition of the property and the substandard non permitted living conditions that were present during an execution of a court approved inspection warrant, the decision by city staff to declare the buildings to be hazardous to human habitation was made, and the issuance of a Do Not Enter order (Red Tag) was issued and remains at this time.

Nuisance Abatement Order Approved: June 13, 2023, by Resolution No. 23-1147.

Appeal Filed: None filed.

Nuisance Abatement Order Appeal Hearing Date: N/A.

Determination of Appeal Hearing: N/A.

Administrative Civil Penalties Hearing: September 26, 2023.

Determination of Planning Commission: Approved assessment by Resolution No. 23-1166.

Appeal Filed: No.

Determination of Appeal Hearing: N/A no appealed filed.

Itemized Costs and Penalties Related to Abatement: $10,000.00 Administrative Penalty for 365 days of non-compliance with the abatement order.
92 CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
3 LN2024-002(NA#2023-002) | 811 Co? age Street (APN) 103-323-015-000 The following penalties are related to this case pursuant to Susanville Municipal Code Chapter

8.32. ADMINISTRATIVE FINES, PENALTIES, INTEREST
 Planning Commission Resolution
No. 23-1166
 $10,000.00
Administrative Civil Penalty
Late Payment Penalties and Interest:

8.32.310 SMC: Any person who fails to remit payment to the city of any penalty, cost or any other charge required to be paid to the city pursuant to a nuisance abatement order under this chapter on or before the date the penalty, cost or other charge is due shall, in addition to the amount of the penalty, cost, and charge, pay interest on the amounts due at the rate of ten percent per annum, pro-rata, from the date on which the amount due first became delinquent until the date that payment is received by the city.

Owners Mailing Address
Caribbean Investments, Inc.
971 Leah Circle
Reno, NV 89511
Because the fines and penalties have not been collected, pursuant to Susanville Municipal Code Section 8.32.230, Code Enforcement is asking the council to:

A. Order that the proposed lien of $10,000.00 become a lien on the above property and that the lien can be recorded in the Office of the Clerk-Recorder for the County of Lassen on August 15, 2024, if the fines are not paid by August 14, 2024, by 4:30 PM.

Notice to Owners and Possessors
Pursuant to Susanville Municipal Code Section 8.32.200, Susanville Code Enforcement with an affidavit of service, and filing with the City Clerk with said affidavit, has notified the following owner of record and persons known to be in possession of the property of the hearing:

Caribbean Investments, Inc.
971 Leah Circle
Reno, NV 89511
93 -1- City of Susanville
66 North Lassen Street
Susanville, CA 96130
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Margret E. Long SBN: 227176 City Attorney for City of Susanville 66 North Lassen Street Susanville, CA 96130
Phone: 530-252-5100
[email protected]
Attorney for: Petitioner/City of Susanville

PLANNING COMMISSION

CITY OF SUSANVILLE
City of Susanville,
Petitioner
v
Nuisance Abatement Order
NA2023-002
Hearing: June 13, 2023, at 5:30 p.m. in
Council Chambers
66 North Lassen Street
Susanville, CA 96130
William M. Tezak, President of
Caribbean Investments, Inc.

Respondent

Tezak, President of Caribbean Investments, Inc., by Certified Mail on May 5, 2023, and posted on the structure at 811 Cottage Street on May 5, 2023. e. Present at the hearing where:
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66 North Lassen Street
Susanville, CA 96130
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i. Cody Loflin, Code Enforcement Officer II, Kelly Mumper, City Planner, Ruth McElrath, Permit Technician / Secretary of the Planning Commission, Jolene Arredondo, Assistant to the City Administrator, Erik Edholm, Assistant Director of Public Works, and Robert Godman, Director of Public Works representing the City of Susanville and
ii. William Tezak and David Williams representing the Respondent.

The Hearing Board makes the following findings.

1. Pursuant to City of Susanville Municipal Code chapter 8.32.040, “No person may maintain or use property or allow their property to be maintained or used in a manner that creates or fosters the creation of a public nuisance.”

2. William M. Tezak, President of Caribbean Investments, Inc. owns the commercial property and is the responsible party for the property located at 811 Cottage Street.

3. William M. Tezak, President of Caribbean Investments, Inc. was properly served with a Notice of Violation on March 21, 2023 with service pursuant to City of Susanville Municipal Code section 8.32.060.

4. William M. Tezak, President of Caribbean Investments, Inc. was properly served with a Notice of Intention to Abate Public Nuisance and Notice of Public Hearing on May 5, 2023, and that said notice was properly posted at 811 Cottage Street on May 5, 2023, pursuant to City of Susanville Municipal Code section 8.32.090.

5. The condition of the property located at 811 Cottage Street is a public nuisance as defined by City of Susanville Municipal Code section 8.32.050.

The Hearing Board orders the following.

1. William M. Tezak, President of Caribbean Investments, Inc. must abate the public nuisance at 811 Cottage Street by doing the following at 811 Cottage Street:
a. Uniform Housing Code Violations:
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66 North Lassen Street
Susanville, CA 96130
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i. All items listed within this notice shall be complied with as the State of California has set the minimum housing standards for all people of this State. An inspection is required to verify the reasonable suspicion of the lack of these items. Please contact Code Enforcement staff to set up a reasonable time to inspect. If I do not hear back from you by the end of the compliance deadline, I will assume that consent has not been granted. An inspection warrant pursuant to California Code of Civil Procedures 1822.50 – 1822.60 shall be sought from the Lassen County Superior Court. ii. The building shall have the required utilities accessible to the building (electrical, water, sewer).
iii. The building shall have access to hot and cold running water. iv. The building shall have adequate heat for all units. v. The building shall have adequate access to a kitchen sink, toilet, shower or bath.
vi. All other building code violations shall be remedied and shall have all permits pulled for their inspection and completion.
b. Public Nuisances:
i. Cease and desist the operation of any vehicle dismantling operation or the likes of any vehicle business without first obtaining any occupational license through the State of California, conditional use permits through the City of Susanville, and any business license required by the Susanville Municipal Code.
ii. Clear all visible junk, trash, debris, household items, furniture, appliances, and car parts from public view.
iii. All vehicles on property must be licensed and in an operable state.

Operable state as defined in the California Vehicle Code. iv. All car parts to be removed from view.
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v. Chicken coop shall be removed from the required setbacks between the shop and the neighboring building.
vi. Recommendation of previous building official requested a railing be installed.
vii. Poultry cannot be kept within 75-feet from a dwelling. viii. Burning of vegetation shall be permitted and done during acceptable days. ix. Remove items that are on the lands of the Lassen County Arts Council. c. Zoning:
i. Cease and desist the allowance of any resident from residing in the main structure or the accessory structure until all permits have been obtained and the use has been authorized for residential occupancy.

2. William M. Tezak, President of Caribbean Investments, Inc. must fully abate and remove conditions contributing to the declaration of a public nuisance no later than Monday June 26, 2023 by 8:00 a.m.

3. William M. Tezak, President of Caribbean Investments, Inc. must obtain any and all required permits that may be required to abate public nuisance at 811 Cottage Street.

4. After William M. Tezak, President of Caribbean Investments, Inc. abates the nuisance at 811 Cottage Street, William M. Tezak, President of Caribbean Investments, Inc. must contact the Building and Planning Department at the City of Susanville and request that an official at the City of Susanville inspect the condition of the property and buildings at 811 Cottage Street to determine if the public nuisance was abated.

5. If William M. Tezak, President of Caribbean Investments, Inc. does not abate the public nuisance at 811 Cottage Street by 8:00 a.m. on June 26, 2023, the City of Susanville may have the property at 811 Cottage Street abated.

6. William M. Tezak, President of Caribbean Investments, Inc shall have no further violations of the Susanville Municipal Code or violations of any statute or regulation for the State of California while under the jurisdiction of the Hearing Board and subject to this nuisance abatement order.
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7. If William M. Tezak, President of Caribbean Investments, Inc. does not abate the public nuisance at 811 Cottage Street by 8:00 a.m. on June 26, 2023, the Susanville Planning Commission orders an administrative penalty pursuant to section 8.32.290 of the City of Susanville Municipal Code shall be assessed as followed:
a. Assessment of $500.00 per day until the nuisance abatement order has been complied with.
b. Effective from June 26, 2023.
c. The maximum administrative penalty shall be $10,000, exclusive of administrative costs and interest.

8. All costs of the City’s abatement efforts, including the abatement work and administrative time to investigate and to hear and effect the abatement shall be charged against William M. Tezak, President of Caribbean Investments, Inc. as a personal debt or may be assessed upon 811 Cottage Street and will constitute a lien or special assessment upon the property until paid.

9. This Order shall be effective for one year after issuance. During such period, the hearing board shall retain jurisdiction over the conditions of the building, structure or property which constituted the nuisance established by this Order, as well as the abatement thereof, to ensure that the nuisance does not reoccur and that the building, structure, or property is maintained in such a manner so as not to create a nuisance. If, during this oneyear period, any enforcement official determines that the same or another nuisance, as defined by this chapter exists with respect to the building, structure or property, he or she may give notice to abate the nuisance as provided for in section 8.32.060 of the City of Susanville Municipal Code. If William M. Tezak, President of Caribbean Investments, Inc. does not abate the nuisance at any time within the abatement period, the City may proceed with the abatement itself under the provisions of section 8.32.190 of the City of Susanville Municipal Code without further action of the hearing board. The City of Susanville may also recover all of its abatement effort costs as provided for in the City of Susanville Municipal Code.
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The foregoing order was adopted at a regular meeting of the Planning Commission of the city of Susanville, held on the 13th day of June 2023.

Dated: September 20, 2023 __________________________________________ Cody Loflin, Code Enforcement Officer
City of Susanville
99 AGENDA ITEM NO. 7.C
Public Hearing
Submitted By: Kelly Mumper, Building & Planning Division Action Date: August 7, 2024
SUBJECT: Consider Resolution No. 24-6337, considering a Lien for Administrative Penalties in the amount of $10,000.00 to the owners of 811 Cottage Street APN 103-323-015-000.

PRESENTED BY: Kelly Mumper, City Planner
SUMMARY: Approval of Lien for Administrative Fines in the amount of $10,000.00 for continuous violations while under nuisance abatement order.

FISCAL IMPACT: None.

ACTION REQUESTED: Motion to approve Resolution No. 24-6337, approving a Lien for Administrative Penalties in the amount of $10,000.00 to the owners of 811 Cottage Street APN 103-323-015-000.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6337.pdf
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RESOLUTION NO. 24-6337

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

APPROVING A LIEN TO BE RECORDED WITH THE LASSEN COUNTY RECORDER FOR UNPAID ADMINISTRATIVE CIVIL PENALTIES ISSUED AGAINST 811 COTTAGE STREET (APN 103-323-015-000)
WHEREAS, California Government Code Sections 36901, 38771, and 38773.5(a) authorizes the City of Susanville to enact ordinances declaring what constitutes a nuisance, the procedures for abating nuisance conditions, providing for the recovery of costs and attorney fees to abate the nuisance, and providing for the collection of civil penalties; and WHEREAS, the Susanville City Council adopted Ordinance 17-1011, that declares what constitutes a nuisance, and adopted Chapter 8.32 of the Susanville Municipal Code to outline the procedures for the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 811 Cottage Street also known by assessors’ parcel number 103-323-015-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the approved nuisance abatement order was not complied with during the abatement order time period and the Susanville Planning Commission ordered the assessment of administrative civil penalties in the amount of $10,000.00 to be collected from the property owner; and
WHEREAS, the amount of unpaid administrative fines and penalties as of August 7, 2024, is in the amount of $10,000.00; and
WHEREAS, the Susanville City Council approved, by Resolution No. 24-6336, the cost report and orders the owners of 811 Cottage Street, APN 103-323-015-000, Caribbean Investments, Inc., to pay to the City of Susanville in the amount of $10,000.00 by August 12, 2024, by 4:30 PM, and
WHEREAS, the City Clerk shall record the lien with the Lassen County Recorders Office no sooner than August 13, 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of this resolution, Resolution No. 24-6337, with the Office of the Clerk-Recorder for the County of Lassen and that such recordation shall constitute a lien against the real property located at 811 Cottage Street, APN 103-323-015-000, and owned by Caribbean Investments, Inc., and
BE IT FURTHER RESOLVED that the amount of such lien shall be $10,000.00 plus interest at the legal rate of ten percent per annum commencing from September 26, 2023, and all other costs which may thereafter come due and continuing thereon until said lien and any accrued interest is paid in full.

APPROVED:_______________________
Mendy Schuster, Mayor
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ATTEST:_______________________
Heidi Whitlock, City Clerk
The foregoing resolution was adopted at a regular meeting of the City Council of the City of Susanville, held on the 7th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
102
AGENDA ITEM NO. 7.D
Public Hearing
Submitted By: Kelly Mumper, Building & Planning Division Action Date: August 7, 2024
SUBJECT: Consider Resolution No. 24-6338, considering a Cost Report for Administrative Penalties in the amount of $10,000.00 to the owners of 713 Cottage Street APN (103-321-020-000).

PRESENTED BY: Kelly Mumper, City Planner
SUMMARY: Approval of Cost Report for Administrative Fines in the amount of $10,000.00 for continuous violations while under nuisance abatement order.

FISCAL IMPACT: None.

ACTION REQUESTED: Motion to approve Resolution No. 24-6338, approving a Cost Report for Administrative Penalties in the amount of $10,000.00 to the owners of 713 Cottage Street APN (103-321-020-000).

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6338.pdf
Nuisance_Abatement_Order_After_Hearing_NA2023-001_713_Cottage.pdf Cost Report - 713 Cottage Street.docx
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RESOLUTION NO. 24-6338

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

APPROVING A COST REPORT OF UNPAID ADMINISTRATIVE CIVIL PENALTIES ISSUED AGAINST 713 COTTAGE STREET APN 103-321-020-000
NUISANCE ABATEMENT ORDER NO. 2023-001
WHEREAS, California Government Code Sections 36901, 38771, and 38773.5(a) authorizes the City of Susanville to enact ordinances declaring what constitutes a nuisance, the procedures for abating nuisance conditions, providing for the recovery of costs and attorney fees to abate the nuisance, and providing for the collection of civil penalties; and WHEREAS, the Susanville City Council adopted Ordinance 17-1011, that declares what constitutes a nuisance, and adopted Chapter 8.32 of the Susanville Municipal Code to outline the procedures for the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 713 Cottage Street also known by assessors’ parcel number 103-321-020-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the approved nuisance abatement order was not complied with during the abatement order time period and the Susanville Planning Commission ordered the assessment of administrative civil penalties in the amount of $10,000.00 to be collected from the property owner; and
WHEREAS, the amount of unpaid administrative fines, penalties, and accrued interest as of August 7, 2024, is in the amount of $10,000.00; and WHEREAS, the property owners appealed the Planning Commissions decision to the City Council at a regularly scheduled meeting held on March 20, 2024; and WHEREAS, the City Council upheld the Planning Commission’s decision to uphold the fines unanimously by Resolution No. 24-6286.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby approves the cost report presented and orders the owners of 713 Cottage Street, APN 103-321-020-000, Tezak Family Trust, to pay the total amount of $10,000.00 and any future interest accrued, which shall commence from November 13, 2023, if the fine is not paid by the property owners as outlined by Resolution No. 24-6286.

AYES:

NOES:
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ABSENT:

ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
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Margret E. Long SBN: 227176 City Attorney for City of Susanville 66 North Lassen Street Susanville, CA 96130
Phone: 530-252-5100
[email protected]
Attorney for: Petitioner/City of Susanville

PLANNING COMMISSION

CITY OF SUSANVILLE
City of Susanville,
Petitioner
v
Nuisance Abatement Order
NA2023-001
Hearing: June 13, 2023, at 5:30 p.m. in
Council Chambers
66 North Lassen Street
Susanville, CA 96130
The Tezak Family Trust
Respondent

1. This proceeding was heard:
a. On June 13, 2023, at 5:30 pm in the Council Chambers at 66 North Lassen Street, Susanville, CA 96130.
b. By the Planning Commission of the City of Susanville (also referred to as the Hearing Board or the Board) with the following commissioners of the Planning Commission present: Melanie Westbrook, James Merchant, Rod DeBoer, Wayne Jambois, and Tony Ardito.
c. Melanie Westbrook presided over the procedure as Chairperson. d. This matter was set on a “Notice of Intention to Abate Public Nuisance & Notice of Public Hearing” dated May 5, 2023, and served on Respondent, The Tezak Family Trust, by Certified Mail on May 5, 2023, and posted on the structure at 713 Cottage Street on May 5, 2023.
e. Present at the hearing where:
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i. Cody Loflin, Code Enforcement Officer II, Kelly Mumper, City Planner, Ruth McElrath, Permit Technician / Secretary of the Planning Commission, Jolene Arredondo, Assistant to the City Administrator, Erik Edholm, Assistant Director of Public Works, and Robert Godman, Director of Public Works representing the City of Susanville and
ii. The Trustee of the Tezak Family Trust did not appear on behalf of the Respondent. William Tezak spoke on behalf of the Tezak Family Trust and was accompanied by his lawyer, David Williams.

The Hearing Board makes the following findings.

2. The Tezak Family Trust owns the commercial property and is the responsible party for the property located at 713 Cottage Street.

3. The Tezak Family Trust was properly served with a Notice of Violation on March 21, 2023 with service pursuant to City of Susanville Municipal Code section 8.32.060.

4. The Tezak Family Trust was properly served with a Notice of Intention to Abate Public Nuisance and Notice of Public Hearing on May 5, 2023, and that said notice was properly posted at 713 Cottage Street on May 5, 2023, pursuant to City of Susanville Municipal Code section 8.32.090.

5. The condition of the property located at 713 Cottage Street is a public nuisance as defined by City of Susanville Municipal Code section 8.32.050.
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The Hearing Board orders the following.

1. The Tezak Family Trust must abate the public nuisance at 713 Cottage Street by doing the following at 713 Cottage Street:
a. Removal of all conditions constituting a zoning violation within the City of Susanville
b. Removing and relocating all residents within any structure upon 713 Cottage that is in violation of the Uniform Housing Code.
c. All debris, garbage, junk, trash, rubbish, and miscellaneous items shall be removed from public view.
d. All vehicles that are within the parameters of the abandoned vehicle abatement ordinance, to wit, are within an abandoned, dismantled, junked, inoperative, or wrecked conditions shall be removed from the property and stored in accordance with all laws of the State of California and the Susanville Municipal Code. e. All property maintenance violations shall be addressed. i. Repair broken windows
ii. Bring all unpermitted work into compliance.
iii. Parking lot to be neat and presentable.
iv. Clean up the accumulated grease, oil, and other residues from the pavement.

2. The Tezak Family Trust must fully abate and remove conditions contributing to the declaration of a public nuisance no later than Monday June 26, 2023 by 8:00 a.m.

3. The Tezak Family Trust must obtain any and all required permits that may be required to abate public nuisance at 713 Cottage Street.

4. After The Tezak Family Trust abates the nuisance at 713 Cottage Street, the Tezak Family Trust must contact the Building and Planning Department at the City of Susanville and request that an official at the City of Susanville inspect the condition of the property and buildings at 713 Cottage Street to determine if the public nuisance was abated. 108
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5. If the Tezak Family Trust does not abate the public nuisance at 713 Cottage Street by 8:00 a.m. on June 26, 2023, the City of Susanville may have the property at 713 Cottage Street abated.

6. The Tezak Family Trust shall have no further violations of the Susanville Municipal Code or violations of any statute or regulation for the State of California while under the jurisdiction of the Hearing Board and subject to this nuisance abatement order.

7. If the Tezak Family Trust does not abate the public nuisance at 713 Cottage Street by 8:00 a.m. on June 26, 2023, the Susanville Planning Commission orders an administrative penalty pursuant to section 8.32.290 of the City of Susanville Municipal Code shall be assessed as followed:
a. Assessment of $500.00 per day until the nuisance abatement order has been complied with.
b. Effective from June 26, 2023.
c. The maximum administrative penalty shall be $10,000, exclusive of administrative costs and interest.

8. All costs of the City’s abatement efforts, including the abatement work and administrative time to investigate and to hear and effect the abatement shall be charged against the Tezak Family Trust as a personal debt or may be assessed upon 713 Cottage Street and will constitute a lien or special assessment upon the property until paid.

9. This Order shall be effective for one year after issuance. During such period, the hearing board shall retain jurisdiction over the conditions of the building, structure or property which constituted the nuisance established by this Order, as well as the abatement thereof, to ensure that the nuisance does not reoccur and that the building, structure, or property is maintained in such a manner so as not to create a nuisance. If, during this oneyear period, any enforcement official determines that the same or another nuisance, as defined by this chapter exists with respect to the building, structure or property, he or she may give notice to abate the nuisance as provided for in section 8.32.060 of the City of Susanville Municipal Code. If the Tezak Family Trust does not abate the nuisance at any 109
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time within the abatement period, the City may proceed with the abatement itself under the provisions of section 8.32.190 of the City of Susanville Municipal Code without further action of the hearing board. The City of Susanville may also recover all of its abatement effort costs as provided for in the City of Susanville Municipal Code.

Whenever any person is aggrieved by this final order of the Hearing Board, this person may appeal the Nuisance Abatement Order to the City Council of the City of Susanville. To request an appeal, the person aggrieved by this order shall notify the City Clerk, in writing, within twentyone (21) days of the issuance of this order of their request to have this appeal heard by the City Council. The aggrieved person shall deposit two hundred dollars ($200.00) to the City of Susanville. The appellant shall be responsible for all costs of such appeal which exceeds the deposited amount. If the aggrieved person requests an appeal hearing, this hearing shall be granted within forty-five (45) days of the filing appeal at a regularly scheduled meeting of the Susanville City Council. The appellant shall be notified no less than ten (10) days of the scheduled appeal hearing.

The foregoing order was adopted at a regular meeting of the Planning Commission of the city of Susanville, held on the 13th day of June 2023.

Dated: June 13, 2023 /s/ Melanie Westbrook
Melanie Westbrook
Susanville Planning Commission
I, Cody Loflin, Code Enforcement Officer for the City of Susanville do attest that this copy of a Nuisance Abatement Order issued by the Susanville Planning Commission and memorialized by Resolution of the Susanville Planning Commission No. 23-1146, is a true and accurate copy of the order to which was signed by Melanie Westbrook, Chairperson of the Susanville Planning Commission. I declare under penalty of perjury that the foregoing is true and correct. 110
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Dated: September 20, 2023 __________________________________________ Cody Loflin, Code Enforcement Officer
City of Susanville
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CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
1 LN2024-003(NA#2023-001) | 713 Co? age Street (APN) 103-321-020-000 Property Details
Address: 713 Cottage Street, Susanville, California 96130 APN: 103-321-020-000
Property Owner: Tezak Family Trust
Approximate Parcel Size: 11,216 sq. ft.

Approximate
Structure Size:
1 Commercial Structure (1,312 sq. ft.)
1 Accessory Structure (335 sq. ft.)
Zoning:

General Plan:

CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
2 LN2024-003(NA#2023-001) | 713 Co? age Street (APN) 103-321-020-000 the final cost report shall be scheduled with the city council. The city council shall receive, hear, and consider the cost report, together with any other relevant evidence, objections, protests, or testimony. Thereupon, the city council may make such revision, correction, or modification to the report as it may deem just after which, by resolution, the details of the report, as submitted or revised, corrected, or modified, shall be confirmed. Subsequent to the cost report hearing, the city council shall consider if the aforementioned proposed lien shall become a lien, the council may also order the costs be specially assessed against the property and collected at the same time and in the same manner as property taxes are collected.

Public Nuisance or Violation Determination
The residential/commercial property located at 713 Cottage Street, is the current site of location where the violations existed during the abatement order period and after. Due to the condition of the property, the decision by city staff to declare the building to be hazardous to human habitation and the issuance of a Do Not Enter order was issued.

Official notices and orders were issued by various staff members of the City of Susanville:
 Notice of Violation issued on March 21, 2023, by Cody Loflin, Code Enforcement.  Notice of Intention to Abate and Notice of Public Hearing issued on May 5, 2023, by Cody Loflin, Code Enforcement.
 Notice of Assessment issued on January 18, 2024, by Kelly Mumper, Code Enforcement Supervisor.
 Notice of City Council determination to uphold the Planning Commission s decision to administer maximum penalties for violation of the abatement order issued April 16, 2024, by Kelly Mumper, City Planner.
 Notice of Cost Report and Lien Hearing issued via email to David Tezak and Peter Talia (Attonery) on July 24, 2024, by Kelly Mumper, City Planner.  Notice of Cost Report and Lien Hearing physically posted to the subject property on July 24, 2024, by Mike Prettyman, Code Enforcement Officer.
 Notice of Cost Report and Lien Hearing issued on July 25, 2024, to the Tezak Family Trust, via mail by Kelly Mumper, City Planner.

Nuisance Abatement Order Approved: June 13, 2023, by Resolution No. 23-1148.

Appeal Filed: None filed.

Nuisance Abatement Order Appeal Hearing Date: N/A.

Determination of Appeal Hearing: N/A.

Administrative Civil Penalties Hearing: November 14, 2023.

Determination of Planning Commission: Approved assessment by Resolution No. 23-1165.

Appeal Filed: February 11, 2024
Determination of Appeal Hearing: Upheld by City Council by Resolution No. 24-6286.

Itemized Costs and Penalties Related to Abatement: $10,000.00 Administrative Penalty for 365 days of non-compliance with the abatement order.
113

CITY OF SUSANVILLE CODE ENFORCEMENT COST REPORT
(§ 8.32.210 SMC)
3 LN2024-003(NA#2023-001) | 713 Co? age Street (APN) 103-321-020-000 The following penalties are related to this case pursuant to Susanville Municipal Code Chapter

8.32. ADMINISTRATIVE FINES, PENALTIES, INTEREST
 Planning Commission Resolution
No. 23-1165
 City Council
Resolution No. 24-6286
 $10,000.00
Administrative Civil Penalty
Noncompliance with Order (Appeal
Denied)
Late Payment Penalties and Interest:

Owners Mailing Address
Tezak Family Trust
971 Leah Circle
Reno, NV 89511
Because the fines, penalties, and interest have not been collected, pursuant to Susanville Municipal Code Section 8.32.230, Code Enforcement is asking the council to:

Tezak Family Trust
971 Leah Circle
Reno, NV 89511
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AGENDA ITEM NO. 7.E
Public Hearing
Submitted By: Kelly Mumper, Building & Planning Division Action Date: August 7, 2024
SUBJECT: Consider Resolution No. 24-6339, considering a Lien for Administrative Penalties in the amount of $10,000.00 to the owners of 713 Cottage Street APN 103-321-020-000.

PRESENTED BY: Kelly Mumper, City Planner
SUMMARY: Approval of Lien for Administrative Fines in the amount of $10,000.00 for continuous violations while under nuisance abatement order.

FISCAL IMPACT: None.

ACTION REQUESTED: Motion to approve Resolution No. 24-6339, approving a Lien for Administrative Penalties in the amount of $10,000.00 to the owners of 713 Cottage Street APN 103-321-020-000.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6339.pdf
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RESOLUTION NO. 24-6339

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

APPROVING A LIEN TO BE RECORDED WITH THE LASSEN COUNTY RECORDER FOR UNPAID ADMINISTRATIVE CIVIL PENALTIES ISSUED AGAINST 713 COTTAGE STREET APN 103-321-020-000 NUISANCE ABATEMENT ORDER NO. 2023-001 WHEREAS, California Government Code Sections §36901, §38771, and §38773.5(a) authorizes the City of Susanville to enact ordinances declaring what constitutes a nuisance, the procedures for abating nuisance conditions, providing for the recovery of costs and attorney fees to abate the nuisance, and providing for the collection of civil penalties; and WHEREAS, the Susanville City Council adopted Ordinance 17-1011, that declares what constitutes a nuisance, and adopted Chapter 8.32 of the Susanville Municipal Code to outline the procedures for the abatement of nuisance conditions and for the collection of fines and penalties associated with the issuance of administrative civil penalties; and WHEREAS, the real property located at 713 Cottage Street also known by assessors’ parcel number 103-321-020-000 was subject to nuisance abatement order ordered by the Susanville Planning Commission; and
WHEREAS, the approved nuisance abatement order was not complied with during the abatement order time period and the Susanville Planning Commission ordered the assessment of administrative civil penalties in the amount of $10,000.00 to be collected from the property owner; and
WHEREAS, the amount of unpaid administrative fines, penalties, and accrued interest as of August 7, 2024, is in the amount of $10,000.00; and WHEREAS, the Susanville City Council approved, by Resolution No. 24-6338, the cost report and orders the owner of 713 Cottage Street, APN 103-321-020-000, Tezak Family Trust, to pay to the City of Susanville in the amount of $10,000.00 by August 14, 2024, by 4:30 PM; and
WHEREAS, the City Clerk shall record the lien with the Lassen County Recorders Office no sooner than August 15, 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby orders the recordation of this resolution, Resolution No. 24-6339, with the Office of the Clerk-Recorder for the County of Lassen and that such recordation shall constitute a lien against the real property located at 713 Cottage Street, APN 103-321-020-000, and owned by Tezak Family Trust; and
BE IT FURTHER RESOLVED that the amount of such lien shall be $10,000.00 plus interest at the legal rate of ten percent per annum commencing from November 14, 2023, and all other costs which may thereafter come due and continuing thereon until said lien and any accrued interest is paid in full.

APPROVED:_______________________
Mendy Schuster, Mayor
ATTEST:_______________________
Heidi Whitlock, City Clerk
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The foregoing resolution was adopted at a regular meeting of the City Council of the City of Susanville, held on the 7th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
117
AGENDA ITEM NO. 7.F
Public Hearing
Submitted By: Kelly Mumper, Building & Planning Division Action Date: August 7, 2024
SUBJECT: Consider Ordinance No. 24-1044, amending Title 17 of the Susanville Municipal Code to add sections which regulate and streamline density bonus and affordable housing incentives, accessory dwelling units (ADU's), reasonable accommodations, multifamily design standards, and establishing standards for their uses.

PRESENTED BY: Kelly Mumper, City Planner
SUMMARY: A complete summary of the project is attached to this item and labeled as Administrative Report and CEQA Determination.

The Public Review Draft which includes all of the tracked changes proposed has been posted to the City of Susanville Website under the Planning Division and has been made available for viewing at the Planning and Building Permit Counter in City Hall and is available to the public at this public hearing.

FISCAL IMPACT: Approximately $1,100.00 in code publishing company charges.

ACTION REQUESTED: Motion to waive the first reading and introduce Ordinance No. 24- 1044, amending Title 17 of the Susanville Municipal Code to add section which regulate and streamline density bonus and affordable housing incentives, accessory dwelling units (ADU's), reasonable accommodations, multifamily design standards, and establishing standards for their uses.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:

PC Recommendation to CC Resolution No. 24-1175.pdf
Public Hearing Notice ADU-OD-RO Ord. .docx
Administrative Report and CEQA Determination.docx
24-1044.pdf
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CITY OF SUSANVILLE PLANNING DEPARTMENT

NOTICE OF PUBLIC HEARING
The City of Susanville Planning Commission will be holding a public hearing to allow public comment on three proposed ordinances which will update Tite 17 of the Susanville Municipal Code. All three ordinances are required by state law in order to achieve compliance with the Department of Housing and Community Developments State Housing Laws for cycle 6 and 7 for the City of Susanville’s Housing Element Update of the General Plan.

The City of Susanville is proposing to amend Title 17 (Zoning) to add provisions to allow for Accessory Dwelling Unit streamlining, Reasonable Accommodations, and Objective Design Standards for MultiFamily Housing Projects. The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15332. This project is scheduled to have a public hearing by the Planning Commission at 5:30 p.m. on May 28, 2024, in the City of Susanville City Council Chambers located at 66 N. Lassen Street Susanville, CA 96130. The administrative draft of all three ordinances are available for review upon request at the aforementioned address.

The public is invited to attend and provide verbal and/or written comments on the proposed project.

Written comments must be received at the above address at, or prior to, the meeting date and time. Note:

Any appeals regarding the above-mentioned proposal must be based on comments made known (either through written or verbal comments) at the public hearing. Appellants must also be represented at the public hearing for an appeal to be accepted by the City Council. "If you challenge the City's action on this proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing." Govt. Code 65009. Any questions regarding this or the proposal may be directed to the City Planner, Kelly Mumper at (530) 252-5104 during normal business hours.

BY: Kelly Mumper, City Planner
FOR: City of Susanville, Planning Commission
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A D M I N S T R A T I V E REPORT
August 7, 2024
City of Susanville
Housing Element Compliant Zoning Code Amendments to Increase Housing Supply and Affordability
Environmental Determination
Background
The City of Susanville is considering adoption of Zoning Code amendments to implement its 2019-2024 Housing Element and comply with State law. These amendments include accessory dwelling unit provisions, objective multifamily residential design and development standards, reasonable accommodations, and several other technical amendments as specified in the 2019-2024 Housing Element Action Programs. The City has prepared these amendments in response to recent changes in California law that require all cities and counties to adopt such provisions to increase housing supply and affordability. Because this action requires City Council approval, and such approval will establish new development regulations, the action is considered a Project under the California Environmental Quality Act. As such, the City is required to make an environmental determination for the Project prior to any action on the Project. To make this determination, the following considerations are addressed here: the Project Description, relevant State Housing Law, the 2019-2024 Housing Element, and the 2019-2024 Housing Element Addendum to the 1990 General Plan PEIR.

Project Description
The proposed Project includes several Zoning Code amendments intended to comply with State law, and implement the 2019-2024 Housing Element, including accessory dwelling unit provisions, objective multifamily residential design and development standards, reasonable accommodations, and several other technical amendments.

Accessory Dwelling Unit Provisions.

The existing Second Residential Dwelling Ordinance are revised to include provisions and regulations for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) pursuant to Action Program 1.2. The purpose of the new ADU provisions is to provide regulations for the development of accessory dwelling units through a ministerial process consistent with California Government Code Section 65852.2. The regulations are intended to:
 Implement the provisions of the General Plan Housing Element.  Assure compliance with California Government Code Section 65852.2 and other relevant housing laws.
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 Encourage the development of accessory dwelling units.  Streamline and minimize governmental constraints on residential development.  Minimize potential adverse impacts on public health, safety, and general welfare that may be associated with accessory dwelling units.

Some of the key ADU provisions include:
 ADUs are allowed on every residential parcel.
 Over the counter ministerial approval of ADUs.
 Define detached, attached, and junior ADUs.
 Detached, attached, and junior ADUs are allowed on a parcel with a single family dwelling.  Standards that apply to all ADUs include parcel size, parcel coverage, design, rental terms, impact fees, and fire sprinklers.
 Standards that apply to attached and detached ADUs include; unit size, structure height, and parking requirements.
 Standards that apply to converted ADUs include expansion limits, exterior access, setbacks, parking, and unit size.
 Standards that apply to JADUs include where they allowed, location on parcel, number of units, unit size, efficiency kitchen, parking, unit entrance, and deed restrictions Objective Multifamily Residential Design and Development Standards The Project includes objective design and development standards for multifamily residential development, including standards for multifamily uses in the R-2. R-3, and R-4 zones in compliance with Senate Bill 35 (Action Program 2.12). These standards establish a process to permit multi-family housing by-right, without discretionary review, consistent with State law. The standards are intended to facilitate increased development at allowable densities and provide guidance and certainty in design standards to ensure quality housing is developed in the city. The significant features of the new standards are:
 Site Layout and Design. The site layout and design standards address natural features; alternative energy applications; clustering; pedestrian and bicycle circulation; bicycle parking; service areas and auxiliary structures; setbacks; and site distance area  Architecture Design. Architectural design standards address building color and materials’ fences and walls; roof top equipment; and structure massing.  Parking, Landscaping, Open Space, and Lighting. The parking, landscaping, open space, and lighting standards address open space; exterior lighting, and parking Technical Zoning Code Amendments
The Project includes several technical Zoning Code amendments intended to streamline housing production and implement several 2019-2024 Housing Element action programs. The amendments include:
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 Employee Housing. Allows employee housing in all zoning districts that allow residential uses to comply with the State Employee Housing Act (Health and Safety Code Sections 17021.5 and 17021.6. (Action Program 1.2)
 Single Room Occupancy Units. Defines and allows single room occupancy units with a use permit in the Multi-Family Residential (R-4), Uptown Business District (UBD) and General Commercial (C-2) zoning districts. (Action Program 1.2)  Transitional and Supportive Housing. Defines and allows transitional and supportive housing as permitted uses subject to the same restrictions on residential uses in the same type of structure.

In addition, transitional and supportive housing is allowed as permitted use, without discretionary review, in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. (Action Program 1.2)  Reasonable Accommodations Ordinance. Includes reasonable accommodation provisions that formalize a general process for reasonable accommodations. (Action Program 2.7)  Low Barrier Navigation Centers. Includes provisions to allow low barrier navigation centers for homeless per Government Code 65660-65668. (2019-2024 Housing Element Action Program

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 Density Bonus Law. Amends the Zoning Code to comply with State density bonus law. (Action Program 2.11)
CEQA Requirement
The California Environmental Quality Act (CEQA) requires public agencies to evaluate the potential physical impacts of proposed projects prior to approving a project and, if necessary, impose feasible mitigation measures to reduce significant project impacts to a less than significant level. Once a proposed action is determined to be a project as defined by CEQA, a Lead Agency can make one of four basic determinations: the project is statutorily or categorically exempt; the project impacts have already been addressed as a part of another project impact analysis; prepare a negative declaration or mitigated negative declaration; or prepare an environmental impact report (for which there are several subcategories).

If the City determines the proposed Project is part of a larger project (the 1990 General Plan or the 2019-24 Housing Element) it must make certain additional determinations. When an EIR has been certified or an Addendum to that EIR, in this case the 1990 General Plan PEIR, no subsequent EIR or negative declaration needs to be prepared for that project unless the lead agency makes one of more of the following determinations:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration;

2. Substantial changes will occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration; or

3. New information of substantial importance shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
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b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment.

Analysis
In order to make a determination for the appropriate CEQA analysis for the proposed Project, the City has considered relevant State laws; adopted City plans, policies, programs; and previous CEQA analysis, which are described here.

Relevant State Housing Law
Increasing concern in the last few years about housing supply and affordability in California have resulted in the State enacting a number of new laws aimed at addressing those concerns. One key aspect of the new housing laws is to limit local government discretion related to the approval of new housing development. The underlying intent of many of the new laws is to make it easier and less costly to develop new housing in California, especially higher density, more affordable housing. To this end, several new State laws now require local governments to establish accessory dwelling units regulations and objective design and development standards for multi-family residential development, and a nondiscretionary, by-right approval process for those developments. New state law also requires a number of other zoning code provisions be revised or included to increase housing supply and affordability. The following is a partial summary of some of the relevant, new State housing laws that are the impetus for this Project.

SB 35
This law establishes a streamlined, ministerial review process for certain multi-family affordable housing projects that are proposed in local jurisdictions that have not met regional housing needs, until 2026.

Projects streamlined under this law must meet relevant objective standards.

SB 166
This law amends the No Net Loss Zoning law to require local governments to accommodate remaining unmet housing need at all times, identifying new sites for affordable housing when market-rate housing is developed on sites for affordable housing.

SB 330
This law prohibits a city or county from enacting a development policy or standard that would reduce intensity of land use, impose subjective design review standards, limit the amount of housing, impose development moratoriums, limit land use approvals or permits, cap housing units, or cap population.

The law additionally makes numerous changes to housing permitting. Preliminary applications for housing may be submitted and must contain specified information. Local governments are prohibited 127
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from applying ordinances to a development after a preliminary application is submitted and cannot hold more than five hearings on approval of a housing project that complies with objective standards when the preliminary application is deemed complete. These provisions expire on January 1, 2025.

AB 68, AB 881, SB 13, AB 587, AB 670, and AB 671
These laws were part of the first State ADU and JADU legislation. Among other things, these laws address the following provisions:
 Prohibit local jurisdictions from establishing minimum parcel sizes for ADUs.  Clarify that areas designated by local agencies for ADUs may be based on the adequacy of water and sewer services, as well as on impacts on traffic flow and public safety.  Prohibit local jurisdictions from requiring replacement off-street parking for ADUs created through the conversion of a garage, carport or covered parking structure.  Reduce the maximum ADU and JADU application review time from 120 days to 60 days.  Clarify that “public transit” includes various means of transportation that charge set fees, run on fixed routes, and are available to the public.
 Establish impact fee exemptions and limitations based on the size of the ADU. ADUs up to 750 square feet are exempt from impact fees, and ADUs that are larger than 750 square feet may be charged impact fees but only fees that are proportional in size (by square foot) to those for the primary dwelling unit.
 Allow the construction of JADUs even where a local agency has not adopted an ordinance expressly authorizing them.
 Allows a permitted JADU to be constructed within the walls of the proposed or existing singlefamily residence and eliminates the required inclusion of an existing bedroom and an interior entry into the single-family residence.

AB 2221
This law makes clarifying changes to existing ADU law to close procedural and permitting loopholes for approving ADUs at the local level. Existing State law requires local agencies to “act on” an ADU application within 60 days. AB 2221 eliminates the ambiguity of this requirement by clarifying that local agencies shall approve or deny an ADU application within 60 days of application submittal. Additionally, AB 2221 prohibits local agencies from imposing front setback requirements for ADUs that are 800 square feet or smaller in size and which otherwise adhere to the established side and rear setbacks.

SB 897
This law amends the existing height limit requirement for attached and detached ADUs. Under SB 897 local agencies must allow ADUs taller than 16 feet in the following circumstances:
 If the ADU is located within a half-mile of a major transit stop or high-quality transit corridor, a detached ADU that is on a parcel with a single-family or multi-family dwelling may be up to 18 feet in height by-right, and the ADU be up to two feet taller (for a maximum of 20 feet) if necessary to match the roof pitch to that of the primary dwelling. 128
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 If a detached ADU is on a parcel with an existing or proposed multistory multi-family dwelling, the ADU may be up to 18 feet in height, regardless of how close it is to transit.  An attached ADU may now be up to 25 feet high or as high as a primary dwelling is allowed under the underlying zone, whichever is lower. However, a local agency may still limit the ADU to two stories.

AB 345
This law requires the allowance of the separate conveyance of ADUs from the primary dwelling in certain circumstances, including:
 The property is held in a recorded tenancy in common agreement that meets certain requirements.
 There is an enforceable restriction on the use of the property between the low-income buyer and nonprofit that complies with the requirements of the Revenue and Taxation Code.  The ADU or primary dwelling was built or developed by a qualified nonprofit.  The entire property is subject to affordability restrictions to assure that the ADU and primary dwelling are preserved for owner-occupied, low-income housing for 45 years and are sold or resold only to a qualified buyer.

AB 3182
This law further address barriers to the development and use of ADUs and JADUs. The law, among other changes, addresses the following:
 Applications for ADUs or JADUs must be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days.  Provides for the rental or leasing of a separate interest ADU or JADU in a common interest development. However, no less than 25 percent of the separate interest units within a common interest development be allowed as rental or leasable units.  Requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one ADU and one JADU per parcel, within the proposed or existing single-family dwelling if certain conditions are met.

AB 682
This law expands the existing density bonus law to include “shared housing buildings” as a housing development eligible for a density bonus and/or concession. The law defines a “shared housing building” as a residential mixed-use structure with five or more shared housing units, and one or more common kitchen and dining area, designed for permanent residence by its tenants. The law does not allow a local agency to require any minimum unit size requirements or minimum bedroom requirements for a shared housing building.

AB 1551
This law reinstates a previous law that sunset January 1, 2022, granting density bonuses to commercial developers. To be eligible for one of the six commercial density bonuses the developer must partner 129
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with an affordable housing developer to build affordable housing where at least 30 percent are affordable to low-income households or 15 percent are affordable to very low-income households. The affordable units can either be built on the commercial site, or the developer can donate land or a cash payment to the affordable housing developer to construct affordable housing units elsewhere in the jurisdiction.

AB 571
This law places additional limits on the impact fees qualifying projects. Specifically, the law prohibits local agencies from charging affordable housing impact fees, including inclusionary zoning fees and inlieu fees, against affordable units in density bonus housing developments.

AB 634
This law requires longer affordability periods for qualifying projects. The law allows a local government to adopt provisions requiring an affordability period of more than 55 years in density bonus housing projects. However, the local ordinance cannot impose affordability periods of more than 55 years in developments financed with low-income housing tax credits.

SB 290
This law makes several changes to the density bonus law, including:
 Provides one incentive or concession for density bonus projects that include at least 20 percent of the units for lower income students in a student housing development.  Eliminates the ability of local governments to disapprove a developer’s request for an incentive or concession, or a waiver or modification of development standards, on the grounds that it would have a specific adverse impact on the physical environment.  Provides parking standards of one-half space per bedroom for housing developments which include at least 40 percent moderate income units that are located within a half mile of a major transit stop.
 Eliminates the requirement that for-sale units for moderate income households must be in a “common interest development” to qualify for a density bonus.  Clarifies that for purposes of qualifying for a density bonus, the “total units” in a housing development include affordable units that are designated to satisfy local inclusionary housing requirements.
 Clarifies that for purposes of qualifying for a density bonus, affordable units for very low- or lower- income households can be either rental or for-sale units. (Affordable units for moderate income households still must be for-sale units and may not be rental units) AB 682
This law expands the existing density bonus law to include “shared housing buildings” as a housing development eligible for a density bonus and/or concession. Density bonus provisions must include “shared housing buildings” as a residential building type that is eligible for a density bonus and/or concession and adopt a definition of “shared housing building” that is compliant with the State definition.
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AB 101
This law establishes that low barrier navigation center developments are essential tools for alleviating the homeless crisis in the State and are a matter of Statewide concern. As such, the law mandates low barrier navigation centers be allowed by-right in areas zoned for mixed uses and nonresidential zones permitting multi-family dwellings. In addition, local agencies may not impose parking requirements onto low barrier navigation centers.
2019-2024 Housing Element Action Programs
It is important to confirm that the Project is consistent with the 2019-2024 Housing Element. While the Housing Element is formally part of the 1990 General Plan, the 2019-2024 Element was prepared separately from (and subsequent to) the General Plan. The Housing Element includes several action programs which call for updating the Zoning Code to address compliance with State housing law.

Action Program [1.2]: Amend the Zoning Code to address the following:

Accessory Dwelling Units (ADU). Ensure compliance with Assembly Bill 2299 and Senate Bill 1069.

Employee Housing. Comply with the State Employee Housing Act (Health and Safety Code Sections 17021.5 and 17021.6.

Single Room Occupancy Units. Define and allow with a use permit in the Multi-Family Residential (R-4), Uptown Business District (UBD) and General Commercial (C-2) Zoning Districts.

Transitional and Supportive Housing. Define and allow transitional and supportive housing as permitted uses subject to only the same restrictions on residential uses in the same type of structure. In addition, transitional and supportive housing must be allowed as a permitted use, without discretionary review, in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses.

Emergency Shelters. Allow emergency shelters by-right, without discretionary review, in the Public Facilities (PF) zoning district.

Action Program [2.7]: Develop and formalize a process for persons with disabilities to make a request to modify residential development standards to accommodate their specialized needs and streamline the permit review process.

Action Program [2.9]: Revise the Zoning Code to allow low barrier navigation centers for the homeless per Government Code 65660-65668.

Action Program [2.11]: Amend the Zoning Codde to comply with State density bonus law.

Action Program [2.12]: Establish a written policy or procedure and other guidance as appropriate to specify the SB 35 streamlining approval process and standards for eligible projects. 131
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2019-2024 Housing Element Addendum
The 2019-2024 Housing Element Addendum served as the environmental documentation for the 2019- 2024 Housing Element update. The addendum to the 1990 General Plan Environmental Impact Report (EIR) (State Clearinghouse Number 1989050810) demonstrates that the analysis contained in that EIR adequately addressed the potential physical impacts associated with implementation of the 2019-2024 Housing Element and that none of the conditions described in California Environmental Quality Act (CEQA) Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration occurred.

The City adopted the 1990 General Plan and certified the General Plan EIR. While the General Plan EIR did not address the 2019-2024 Housing Element, the policies and programs in the General Plan address all physical development in the city. The Addendum compared the policy and program changes from the previous 5th cycle Housing Element to the 2019-2024 6th cycle Housing element.

As a policy document, the Housing Element will not result in physical changes to the environment but encourages the provision of affordable housing within the land use designations shown in the Land Use Element of the General Plan. None of the policies or programs in the 2019-2024 Housing Element would result in physical changes to the environment. Construction that could result in physical changes to the environment within the City is required to comply with the General Plan, Zoning Code, State and Federal permits, and local development standards. The 2019-2024 Housing Element serves as the City’s guiding policy and program document to meet future needs of housing for all the City’s economic levels. The 2019-2024 Housing Element replaces the existing 2014-2019 Housing Element.

Conclusion
As noted above, the Lead Agency can make one of four basic determinations for a Project as to the appropriate action to comply with CEQA: the project is statutorily or categorically exempt; the Project impacts have already been addressed in an environmental analysis as a part of a larger project; prepare a negative declaration or mitigated negative declaration; or prepare an environmental impact report (for which there are several sub-categories). Considered here is whether the 2019-2024 Housing Element Addendum addressed the potential environmental effects of the proposed Project, which will result in amendments to the City Zoning Code intended to increase housing supply and affordability.

While the proposed Project subject to this present analysis is not a “subsequent development project,” it is both a subsequent project governed by the General Plan and will enable subsequent development projects subject to the proposed Zoning Code amendments and objective design standards. Since these subsequent projects will not be subject to discretionary review and therefore, not subject to additional CEQA analysis, the question is whether the 2019-2024 Housing Element Addendum adequately addresses the potential Project environmental impacts. The proposed Project is consistent with and implements the 2019-2024 Housing Element. Housing Element programs call for the City to amend the Zoning Code to address the following:

Accessory Dwelling Units (ADU). Ensure compliance with Assembly Bill 2299 and Senate Bill 1069. 132
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Employee Housing. Comply with the State Employee Housing Act (Health and Safety Code Sections 17021.5 and 17021.6.

Single Room Occupancy Units. Define and allow single room occupancy units with a use permit in the Multi-Family Residential (R-4), Uptown Business District (UBD) and General Commercial (C-2) Zoning Districts.

Transitional and Supportive Housing. Define and permit transitional and supportive housing as permitted uses subject to only the same restrictions on residential uses contained in the same type of structure and allow supportive housing as a permitted use, without discretionary review, in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses.

Emergency Shelters. Allow emergency shelters by-right, without discretionary review, in the Public Facilities (PF) zoning district.

Reasonable Accommodation. Develop and formalize a process that a person with disabilities will need to go through to make a reasonable accommodation request in order to accommodate the needs of persons with disabilities and streamline the permit review process.

Low Barrier Navigation Centers. Allow low barrier navigation centers for the homeless per Government Code 65660-65668.

Density Bonus. Comply with State density bonus law (Government Code Section 65915, as revised).

Objective Residential Design and Development Standards. Establish objective residential design and development standards to comply with the SB 35 streamlining approval process and standards for eligible projects, as set forth under GC Section 65913.4.

The proposed Project includes new Zoning Code provisions that address accessory dwelling units, objective multifamily residential design and development standards, single room occupancy units, transitional and supportive housing, emergency shelters, reasonable accommodations, low barrier navigation centers, and density bonus as specified in the 2019-2024 Housing Element. The City has prepared these standards in response to recent changes in California law that require all cities and counties to adopt such standards to increase housing supply and affordability. These provisions are intended to provide opportunities for the private sector to address the housing needs of citizens of all economic levels.

All the of these new Zoning Code provisions were addressed in the 2019-2024 Housing Element Addendum. The proposed Project is consistent with and implements the 2019-2024 Housing Element, which is an integral part of the General Plan. Based on the analysis, we conclude that the 2019-2024 Housing Element Addendum fully and adequately addresses the potential environmental impacts of the proposed Project.

Finally, based on the forgoing analysis, none of the circumstances described in CEQA Guidelines Section 15062 have occurred that would require the preparation of a subsequent EIR or Negative Declaration.

There are no substantial changes proposed in the original project (the 1990 General Plan). This proposed Project serves as implementing several Housing Element programs. No substantial changes will occur with respect to the circumstances under which the Project will be undertaken. Finally, no new 133
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information has become available that would indicate new or more severe impacts would occur as a result of the project.

Recommendation
It is recommended that the City Council find that:

1. The proposed Zoning Code amendments addressing accessory dwelling unit provisions, objective multifamily residential design and development standards, reasonable accommodations, and other technical amendments (the proposed Project) are consistent with the 2019-2024 Housing Element;

2. The 2019-2024 Housing Element Addendum fully addresses the potential environmental impacts of the proposed Project, all potentially significant environmental impacts can be mitigated to a less than significant level or are subject to overriding social or economic considerations;

3. No substantial changes are proposed as a part of the Project which will require any revisions to the 2019-2024 Housing Element Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

4. No substantial changes will occur with respect to the circumstances under which the project is undertaken which will require major revisions to the 2019-2024 Housing Element Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

5. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the 2019-2024 Housing Element Addendum was certified as complete, that would show any of the following:
a. The Project would have one or more significant effects not discussed in the 2019-2024 Housing Element Addendum;
b. Significant effects previously examined would be substantially more severe than shown in the 2019-2024 Housing Element Addendum;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the 2019-2024 Housing Element Addendum would substantially reduce one or more significant effects on the environment measure or alternative; and

6. The proposed Ordinance which would amend Title 17 of the Susanville Municipal Code qualifies for multiple statutory exemptions from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h)(r) which states that the adoption of an ordinance regarding second units in a single family or multi family residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in the Section 21080.17 of the Public Resources Code, and for Determinations made regarding a city or county’s regional housing needs as set forth in Section 65584 of the Government Code. 134
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7. The third statutory exemption falls under Section 15283 of the CEQA Guidelines which states that CEQA does not apply to regional housing needs determinations made by the Department of Housing and Community Development, a council of governments, or a city or county pursuant to Section 65584 of the Government Code.

8. No further environmental analysis for the proposed Project is required and a notice of exemption will be filed by the City Planner with the Lassen County Recorder’s Office once the Ordinance has been adopted by City Council.
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ORDINANCE No. 24-1044

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE AMENDING TITLE 17 ZONING OF THE SUSANVILLE MUNICIPAL CODE SPECIFICALLY SECTION 17.104.110 - MULTIFAMILY DEVELOPMENT STANDARDS AND THE ADDITION OF SECTION 17.112.080 APPLICATIONS AND PROCEDURES – REASONABLE ACCOMMODATION, SECTION 17.130 DENSITY BONUSES AND AFFORDABLE HOUSING INCENTIVES, AND SECTION 17.132 ACCESSORY DWELLING UNITS The City Council of the city of Susanville does hereby ordain as follows:

SECTION 1.

Section 17.104.110 of the Susanville Municipal Code is hereby amended as follows:

Section 17.104.110 Susanville Multi-Unit Objective Design Standards A. Site Layout and Design

1. Natural Features. Existing natural features such as trees, rivers, streams, ponds, hillsides, rock formations, and native vegetation shall be incorporated into landscaping plans. (Susanville 2002 Design Guidelines, A3)

2. Alternative Energy Applications. All structures shall be designed to allow for the installation of alternative energy technologies including but not limited to active solar, wind, or other emerging technologies, and shall comply with the following standards. (Susanville 2002 Design Guidelines, A8)
a. Installation of solar technology on structures such as rooftop photovoltaic cell arrays shall be installed in accordance with the State Fire Marshal safety regulations and guidelines. (New)
b. Roof-mounted equipment shall be located in such a manner so as to not preclude the installation of solar panels.

3. Clustering. In a development with five or more structures, the structures shall be clustered into groups of a minimum of two structures to maximize common open space. (Susanville 2002 Design Guidelines, A10)

4. Pedestrian/Bicycle Circulation.
a. All structures, facilities, parking areas, amenities, and common areas shall be internally connected by pedestrian pathways with a minimum width of three feet. (17.104.110.B1)
b. Pedestrian pathways shall be separated from parking areas by landscaping, curbs, or other edge treatments. (New)
c. Pedestrian pathways shall be directly connected to adjacent public sidewalks on each street frontage. (New)

5. Bicycle Parking. For all projects, 0.5 Class II bicycle parking spaces (i.e., inverted Urack, ribbon rack, wave rack) are required per dwelling unit. (17.104.110.B2)

6. Service Areas and Auxiliary Structures. Service areas and auxiliary structures (i.e., trash receptacles, propane, gas and oil tanks, utility boxes) shall be fully screened from public street view with the following development standards: (Susanville 2002 Design Guidelines, A16)
a. Opaque walls or fencing made with materials and color palette submitted as part of the project application.
b. Landscaping
c. Vehicle and pedestrian access gates
d. The following materials are prohibited for any on-site service areas and auxiliary structures:
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i. Cyclone or chain link;
ii. Vinyl; and
iii. Barb wire, razor wire

7. Setbacks.
a. Front yard setbacks along a street right-of-way shall reflect the average setback of existing adjacent residential structures within two hundred (200) feet, which may be greater than those set in each zone district. Modulated or varied building setbacks shall be considered if they avoid the creation of a monotonous streetscape. (17.104.110.A4)
b. Structures greater than one story or 20 feet in height, whichever is greater, adjacent to single-story residential dwellings shall be set back from property lines by at least one times the height of the multi-unit structure. (17.104.110.A5) B. Architectural Design

1. Building Color
a. All structures in a project shall include one primary color and no more than two accent colors, in addition to the color of the roofing material. (Susanville 2002 Design Guidelines, A2)
b. Each structure elevation shall include two colors within the color palette submitted as part of the project application. (Susanville 2002 Design Guidelines, A3)

2. Building Material.
a. The following highly reflective structure materials are prohibited as exterior materials or as roofing. Highly reflective materials include: (Susanville 2002 Design Guidelines, A4, modified)
i. Any zinc or Zinc-Aluminum coated sheet or polished metal; ii. Stainless steel;
iii. Aluminum;
iv. Copper sealed against oxidation;
v. Glazed terra cotta tiles; and
vi. High gloss paint finishes with a light reflectance and/or chroma value exceeding 50 percent.
b. For structures over three stories, at least two materials shall be used, in addition to glazing and railings. Any one material must comprise at least 20 percent of the structure. (New)

3. Fences and Walls. The following materials are prohibited for all fences and walls:
(Susanville 2002 Design Guidelines, A10)
a. Electrified;
b. Barb wire/razor wire;
c. Sharp objects such as spires and glass;
d. Cyclone or chain link; and
e. Vinyl

4. Rooftop Equipment. Rooftop mechanical equipment shall be screened from view with either using a building parapet or opaque materials.(Susanville 2002 Design Guidelines, A7)

5. Structure Massing. Structures that have a length longer than 30 feet shall include facades with varying modulation with a minimum of two feet at intervals of no more than 10 feet. (New)
C. Parking, Landscaping, Open Space, and Lighting
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1. Open Space. The following development standards apply to multi-unit developments with four or more dwelling units. (Susanville 2002 Design Guidelines, A12;

17.104.110.B3)
a. Public Open Space. Projects shall provide open space areas and/or community site amenities. Functional open space areas and community site amenities shall exclude areas required for zoning setbacks.
i. Public Open Space. Public open space areas shall include a minimum of two of the following amenities equivalent to a minimum of 200 square feet per dwelling unit.

1. Courtyard/Garden with seating and/or tables for up to eight people

2. Pergola, shade, trellis, or arbor structure not taller than 10 feet

3. BBQ area with a minimum of two fixed barbeques and tables

4. Sports Court (i.e., bocce ball, table tennis, badminton, tennis, pickleball basketball, volleyball)

5. Splash pad no smaller than 50 square feet

6. In-ground swimming pool or above-ground and/or in-ground hot tub

7. Open lawn area(s) with no dimension less than 10 feet

8. Community room (i.e., library room with bookshelves and seating for at least five people, media room with television and seating for at least 10 people, game room with at least two game tables or consoles, gym/fitness room with at least five pieces of gym equipment, co-working space with wi-fi, tables and seating for at least eight people
ii. Connections. Public open space areas shall be directly connected to all interior space areas (i.e., community room, recreation room, exercise center), trash and recycling enclosures, laundry facilities (if applicable), structure entrances, parking areas, and mail delivery areas by pedestrianoriented pathways. iii. Landscaping. A minimum of 15 percent of the required public open space shall be landscaped with materials and planting consistent with the standards in 17.96.040 and the subject parcels underlying base zone landscaping requirements.
b. Private Open Space. Each dwelling unit shall have outdoor space designed for the exclusive use of that dwelling unit in accordance with the following standards:
i. Ground Floor Units. Each ground floor dwelling unit shall include a minimum of 40 square feet of private open space in the form of a covered or uncovered patio to allow for light, air, and privacy. (New) ii. Above Ground Floor Units. Each above ground floor dwelling unit shall include a minimum of 40 square feet of private open space in the form of a terrace, balcony, or rooftop patio to allow for light, air, and privacy. (New)

2. Exterior Lighting
a. Pedestrian-oriented bollard lighting no higher than three feet shall be provided in active pedestrian areas for safety and security. For the purpose of this standard, active pedestrian areas are defined as internal walkways between structures and amenities, walkways adjacent to parking areas, and walkways connecting to the public right-of-way.
b. Area lighting shall be shielded downward to reduce light pollution in adjacent properties. (Susanville 2002 Design Guidelines, F3)
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c. Pedestrian pathway lighting features shall not exceed eight feet in height and shall have minimum illumination levels of 0.5 foot-candles at the pathway surface. (Susanville 2002 Design Guidelines, F4)
d. Lighting features in parking, storage, and recreational areas shall not exceed 20 feet. (Susanville 2002 Design Guidelines, F4)

3. Landscaping. Landscaping standards shall be in accordance with City standards in

17.96.040.

4. Parking. The number of parking spaces required per project shall comply with the underlying base zone parking requirements (17.100.140) and the following development standards:
a. Parking Lot Design and Location
i. For multi-unit development projects greater than four dwelling units, surface parking areas shall not be located between the structure(s) and the primary street frontage. (17.104.110.B7)
ii. Parking areas within a site shall be internally connected and use shared driveways.
b. Parking Lot Landscaping. Landscaping standards shall be in accordance with City standards in 17.96.040.

SECTION 2.

Section 17.112.080 of the Susanville Municipal Code is hereby added as follows:

Section 17.112.080 - Applications and Procedures – Reasonable Accommodation A. Purpose. This Section provides a procedure to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (referred to in this Section as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures. A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior modifications to a structure in response to the needs of a qualifying disabled resident. [Source: NEW] B. Applicability. The provisions established in this Section shall apply as follows:

1. Eligible Applicants. The following persons may submit a request for Reasonable Accommodation:
a. A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. [Source: NEW]
b. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment. Also see other disabilities covered under the Acts. [Source:

NEW]

2. Eligible Requests. Requests for Reasonable Accommodations shall comply with the following:
a. A request for Reasonable Accommodation may include a modification or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory 139
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barriers and provide a person with a disability equal opportunity to housing of their choice. [Source: NEW]
b. A request for Reasonable Accommodation shall comply with all applicable provisions established in Chapter 17.112 (Applications and Procedures), of this Title. [Source: NEW]
C. Application Filing, Processing, and Review. The filing, processing, and review of an application for a Reasonable Accommodation shall comply with the following:

1. Application. An application for Reasonable Accommodation shall be filed and processed in compliance with this Paragraph. The application shall include the information and materials specified in the most up-to-date application form, together with the required fee in compliance with the Master Fee Schedule. [Source: NEW]

2. Filing with Other Land Use Applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (i.e., use permit), the applicant shall file the information required by Subparagraph 1 (Application), above, together with the materials required for the other discretionary approval. [Source: NEW]

3. Responsibility of the Applicant. It is the responsibility of the applicant to provide evidence in support of the findings required by, of this Section. [Source: NEW]

4. Review Authority. The community development director or city administrator designee shall be the review authority and shall be responsible for accepting, reviewing, and acting on Reasonable Accommodation requests. [Source: NEW]

5. Application and Review Procedures. Upon receipt of a Reasonable Accommodation request, the community development director or city administrator designee shall make a written decision and either approve, conditionally approve, approve with modifications, or deny a request for accommodation. See Subsection D (Findings and Decision). [Source:

NEW]
D. Findings and Decision. The written decision to approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation shall consider the following factors: [Source: NEW]

1. Whether the land use, which is the subject of the request, will be used by an individual defined as disabled under the Acts; [Source: NEW]

2. Whether the request for Reasonable Accommodation is necessary to make specific land uses available to an individual with a disability under the Acts; [Source: NEW]

3. Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City; [Source: NEW]

4. Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning; [Source: NEW]

5. Potential impact on surrounding uses; [Source: NEW]

6. Physical attributes of the property and structures; and [Source: NEW]

7. Alternative Reasonable Accommodations that may provide an equivalent level of benefit. [Source: NEW]
E. Conditions of Approval. In approving a request for Reasonable Accommodation, the community development director or city administrator designee shall impose conditions of approval deemed reasonable and necessary to ensure the Reasonable Accommodation will comply with Subsection D (Findings and Decision). of this Section. [Source: NEW] F. Rescission and Discontinuance. The rescission and discontinuance of a Reasonable Accommodation shall comply with the following provisions:
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G. Rescission. An approval or conditional approval of a Reasonable Accommodation request application made in compliance with this Section may be conditioned may be rescinded or automatically expired under appropriate circumstances (e.g., the disabled individual vacates the subject parcel), unless allowed to remain in compliance with Subparagraph B (Discontinuance), below. [Source: NEW]
H. Discontinuance. A request for Reasonable Accommodation shall be deemed discontinued in the following circumstances:

1. A Reasonable Accommodation shall lapse if the exercise of rights granted by it is discontinued for at least 180 consecutive days. [Source: NEW]

2. If the person(s) initially occupying the parcel or land use vacates, the Reasonable Accommodation shall remain in effect only if the community development director or city administrator designee first determines that: [Source: NEW] a. The modification is physically integrated into the structure and cannot easily be removed or altered to comply with the provisions of this Section; or [Source:

NEW]
b. The Reasonable Accommodation is to be used by another qualifying individual with a disability. If a Reasonable Accommodation is to be used by another qualifying individual, the community development director or city administrator designee shall request the applicant or the successor(s)-in-interest to the property to provide documentation that subsequent occupants are qualifying persons with disabilities. Failure to provide the documentation within 10 business days (excluding holidays) of the date of a request by the community development director or city administrator designee shall constitute grounds for discontinuance of the previously approved Reasonable Accommodation. [Source: NEW] SECTION 3.

Section 17.130 of the Susanville Municipal Code is hereby added as follows:

Section 17.130 DENSITY BONUSES AND AFFORDABLE HOUSING INCENTIVES

17.130.010 Purpose and Intent.

Residential development shall comply with the allowability of density bonuses, incentives, exemptions, and concessions in compliance with State Density Bonus Law (Government Code Section 65915, as revised). Government Code 65915 requires the City to provide incentives for affordable housing, senior housing, and childcare facilities.

SECTION 4.

Section 17.132 of the Susanville Municipal Code is hereby added as follows:

Section 17.132 ACCESSORY DWELLING UNITS (ADUS)

17.132.010. Purpose and Intent.

The purpose and intent of this Chapter is as follows:

A. Purpose. The purpose of this Chapter is to provide regulations for the development of accessory dwelling units through a ministerial process consistent with California Government Code Section 65852.2.

B. Intent. The regulations in this Chapter are intended to:

1. Implement the provisions of the General Plan Housing Element; 141
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2. Assure compliance with California Government Code Section 65852.2 and other relevant housing legislation;

3. Encourage the development of accessory dwelling units;

4. Streamline and minimize governmental constraints on residential development; and

5. Minimize potential adverse impacts on the public health, safety, and general welfare that may be associated with accessory dwelling units.

17.132.020. Acknowledgement.

The City recognizes the State of California is facing a severe housing crisis. The City acknowledges accessory dwelling units and junior accessory dwelling units expand lower cost housing opportunities and are an essential component of the City and State’s housing supply.

17.132.030. Applicability.

The regulations established in this Chapter shall apply to all accessory dwelling units where allowed in compliance with Section 17.132.040 (Where Allowed) of this Chapter and State law.

Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this Chapter and the California Building Code. An accessory dwelling unit that conforms to the standards of this Chapter shall not be:

A. Deemed to be inconsistent with the General Plan designation and zone for the parcel on which the accessory dwelling unit is located;
B. Deemed to exceed the allowable density for the parcel on which the accessory dwelling unit is located;
C. Considered in the application of any City ordinance, policy, or program to limit residential growth; and
D. Required to correct a nonconforming zoning condition as defined in Section 17.132.050 (Definitions). This does not prevent the City from enforcing compliance with applicable building standards in compliance with Health and Safety Code Section 17980.12.

17.132.040. Where Allowed.

In compliance with California Government Code Section 65852.2, accessory dwelling units shall be allowed by-right (ministerially permitted) in any zone which allows for residential uses. This includes mixed-use zoning districts which allow residential and zones which allow residential as a conditionally permitted use.

17.132.050. Permit Requirements and Processing Procedures.

An application for an accessory dwelling unit that complies with all applicable requirements of this Chapter and California Government Code Section 65852.2 shall be approved ministerially through the Building Permit process. A Building Permit application for an accessory dwelling unit on a parcel with an existing or proposed single-unit or multi-unit dwelling shall be acted upon within 60 days of the Building Permit application being complete. The Building Permit applicant may request a delay in the City processing of the Building Permit, which shall result in the tolling of the 60-day time period.

17.132.060. Types of Accessory Dwelling Units.

An accessory dwelling unit approved under this Chapter may be one of the following types:

A. Attached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is attached to the proposed or existing primary dwelling, such as through a shared wall, floor, or ceiling.

B. Detached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the proposed or existing primary 142
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dwelling, including an existing stand-alone garage converted into an accessory dwelling unit. The detached accessory dwelling unit shall be located on the same parcel as the proposed or existing primary dwelling.

C. Converted. Is entirely located within the proposed or existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including but not limited to studio, pool house, or other similar structure.

See Section 17.16.100 (Standards Applicable to Converted Accessory Dwelling Units) of this Chapter.

D. Junior Accessory Dwelling Unit. A junior accessory dwelling unit is a unit that meets all the following (see Section 17.132.170 (Standards Applicable to Junior Accessory Dwelling Units) for additional regulations):

1. Shall only be allowed on parcels zoned for single-unit residences and that include an existing or proposed single-unit dwelling.

2. Is entirely located within a proposed or existing primary single-unit dwelling.

3. Has independent exterior access from the primary dwelling.

4. Has sanitation facilities that are either shared with or separate from those of the primary dwelling.

5. Includes an efficiency kitchen, which includes a cooking facility with appliances, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

17.132.070. Types and Number of Units Allowed.

A. Single-Unit Dwelling Zones. Accessory dwelling units and junior accessory dwelling units are allowed in single-unit residential zones in the following combinations:

1. One Attached Unit and One Junior Accessory Dwelling Unit. One attached accessory dwelling unit and one junior accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling.

2. One Converted Unit and One Junior Accessory Dwelling Unit. One converted space accessory dwelling unit and one junior accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling.

3. One Detached Unit and One Junior Accessory Dwelling Unit. One detached accessory dwelling unit and one junior accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling.

B. Multi-Unit Dwelling Areas. Accessory dwelling units are allowed in multi-unit dwelling zones in the following combinations:

1. Converted Spaces within a Multi-Unit Residential Dwelling Structure. a. Within any multi-unit residential dwelling structure used exclusively for residential use, portions of such structures that are not used as livable space may be converted to accessory dwelling units, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that any such space converted to an accessory dwelling unit complies with minimum State building standards for dwellings.
b. At least one accessory dwelling unit shall be allowed within an existing multi-unit dwelling structure if the total number of accessory dwelling units within the structure does not exceed 25 percent of the existing units.

2. Detached Accessory Dwelling Units. Up to two detached accessory dwelling units shall be allowed on a parcel where a multi-unit residential dwelling structure exists. 143
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17.132.080. Standards Applicable to All Accessory Dwelling Units.

The following standards apply to all accessory dwelling units and junior accessory dwelling units constructed on or moved to a new parcel and to the remodeling or rebuilding of existing singleunit residential dwelling or multi-unit residential dwelling structures to create an accessory dwelling unit.

A. Parcel Size and Width. No minimum parcel size or parcel width standards shall apply to the construction of an accessory dwelling unit.

B. Parcel Coverage. An accessory dwelling unit shall comply with the parcel coverage requirements of the applicable zoning district, except in the case where the allowable parcel coverage would preclude an accessory dwelling unit, one attached or detached accessory dwelling unit with a maximum size of 800 square feet, regardless of the number of bedrooms, shall be allowed and shall comply with the requirements of this Chapter.

C. Owner Occupancy. The property owner is not required to occupy the accessory dwelling unit or primary dwelling located on the parcel.

D. Separate Access Required. An accessory dwelling unit shall have exterior access that is separate from the exterior access for the primary dwelling.

E. Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit if they are required in the primary dwelling per the California Building Code.

F. Permanent Foundation.

1. All accessory dwelling units shall be permanently attached to a permanent foundation as defined by the California Building Code.

2. The use of a recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, boat, or other apparatus not designed for permanent human habitation is prohibited.

G. Nonconforming Conditions. The correction of nonconforming zoning conditions is not required in order to establish an accessory dwelling unit on a parcel with a primary dwelling.

H. Illegal Units. This Chapter shall not validate any existing illegal accessory dwelling units or junior accessory dwelling units. The standards and requirements for the conversion of an illegal accessory unit to a legal conforming unit shall be the same as for a new accessory dwelling unit.

I. Design. Accessory dwelling units shall comply with the following general design standards:

1. Within any historic district zone or historic district overlay zone, the design of accessory dwelling units shall be consistent with the design and development guidelines applicable to such zones.

2. If the accessory dwelling unit is a manufactured home, the manufactured home shall be erected and permanently attached on a permanent foundation and shall be made to match the primary dwelling in terms of architectural style, exterior materials and colors, and roof pitch.

J. No Separate Conveyance. Except as provided in Government Code Section 65852.26, an accessory dwelling unit shall not be sold or otherwise conveyed separately from the parcel and the primary dwelling(s).

K. Rental Term. No accessory dwelling unit shall be rented for a term of less than 30 days. 144
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L. Impact Fees. No impact fees (including school fees) shall be charged to an accessory dwelling unit that is less than 750 square feet in size. Any impact fee charged to an accessory dwelling unit 750 square feet or larger in size shall be charged proportionately in relation to the square footage of the primary dwelling unit (e.g. the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, times the typical fee amount charged for a new dwelling). For purposes of calculating the fees for an accessory dwelling unit on a lot with a multi-family dwelling, the proportionality shall be based on the average square footage of the units within that multi-family dwelling structure. For accessory dwelling units converting existing space with a 150 square foot expansion, a total unit square footage over 750 square feet shall be charged proportionately in relation to the square footage of the primary dwelling unit(s).

17.132.090. Additional Standards Applicable to Attached and Detached Accessory Dwelling Units.

The following standards shall apply only to attached and detached accessory dwelling units.

A. Unit Size Requirements. Attached and detached accessory dwelling units shall comply with the following unit size requirement:

1. Attached Units. May not exceed 850 square feet if it has fewer than two bedrooms or 1,000 square feet if it has two bedrooms. No more than two bedrooms are allowed. an attached accessory dwelling unit shall not exceed 50 percent of the floor area of the primary dwelling.

2. Detached Units. May not exceed 850 square feet if it has fewer than two bedrooms or 1,000 square feet if it has two bedrooms. No more than two bedrooms are allowed.

3. Unit Type Combinations. A detached, new construction accessory dwelling unit may be combined on the same parcel with one junior accessory dwelling unit. When combined with a junior accessory dwelling unit, the maximum size of the detached accessory dwelling unit is limited to 800 square feet, regardless of the number of bedrooms.

4. Measurement of Unit Size. Square footage is measured from the exterior walls at the building envelope, excluding any garage area or unenclosed covered porch areas. For the purposes of measurement all attached and/or interior storage areas, mezzanines, lofts, attics (except those less than seven feet in height accessed by a crawlspace and/or other code compliant access), and similar uses shall be counted in the total square footage.

B. Height. Accessory dwelling units are limited to a maximum height of 16 feet, except as established below:

1. Detached Units Located Adjacent Transit Services. If a detached accessory dwelling is located within a half-mile of a major transit stop or high-quality transit corridor, as defined in Chapter 17.04 (General Provisions and Definitions), the unit is limited to a maximum height of 18 feet, and may be up to two feet taller, for a maximum of 20 feet, if necessary to match the roof pitch of the primary dwelling unit.

2. Detached Units on Multi-Family Residential Dwelling Parcels. If a detached accessory dwelling is located on a parcel with a multistory, multi-family dwelling structure, the detached accessory dwelling unit is limited to a maximum height of 18 feet.

3. Accessory Dwelling Units Above Garages. An accessory dwelling unit located above a detached garage is limited to a maximum height of 25 feet.

4. Attached Units. An accessory dwelling attached to the primary dwelling is limited to the height allowed in the underlying zoning district.
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C. Parking. One off-street parking space is required for an accessory dwelling unit in addition to that required for the primary dwelling, except as established below.

1. No off-street parking shall be required if any of the following circumstances exist:
a. The accessory dwelling unit is located within one-half mile of public transit. b. The accessory dwelling unit is located on a property which is recognized as historically significant.
c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
e. Where there is a car share vehicle located within one block of the accessory dwelling unit.

2. The required off-street parking space may be covered or uncovered and shall be allowed in tandem and in setback areas, unless the review authority makes specific findings that such parking is not feasible due to specific site topographical or fire and life safety conditions.

3. If a garage, carport, or covered parking is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking is not required.

17.132.100. Standards Applicable to Converted Accessory Dwelling Units.

The following standards apply only to converted accessory dwelling units:

A. Limited Expansion. Conversions may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure.

B. Exterior Access Required. The converted space or structure shall have exterior access.

C. Setbacks. An accessory dwelling unit or portion of an accessory dwelling unit located within the existing space of an existing dwelling or within an existing detached accessory structure shall not require a setback from the rear, street side, or interior side property lines.

D. Parking. No additional off-street parking is required for the converted accessory dwelling unit. If replacement parking is provided, the replacement spaces shall be located in any configuration on the same parcel as the accessory dwelling unit and may include but is not limited to covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on driveways leading to a required parking space or in rear yard on a paved surface.

E. Unit Size Requirements. The conversion of an existing accessory structure or a portion of the existing primary dwelling to an accessory dwelling unit is not subject to unit size requirements established in this Chapter. For example, if an existing 2,000 square-foot accessory structure was converted to an accessory dwelling unit, it would not be subject to the established unit size requirements.

17.132.110. Standards Applicable to Junior Accessory Dwelling Units.

The following standards apply only to junior accessory dwelling units.

A. Where Allowed. Junior accessory dwelling units shall only be allowed on parcels zoned for single-unit residential dwellings and that include an existing or proposed single-unit dwelling.
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B. Location on Parcel. A junior accessory dwelling unit shall be allowed in the following locations:

1. Within the walls of an existing or proposed single-unit dwelling.

2. Combined with a detached or new construction accessory dwelling unit. When combined with a junior accessory dwelling unit, the maximum size of the accessory dwelling unit is limited to 800 square feet, regardless of the number of bedrooms.

C. Number of Units Per Parcel. A maximum of one junior accessory dwelling unit shall be allowed on any parcel.

D. Unit Size Requirements. The total area of floor space for a junior accessory dwelling unit shall not exceed 500 feet and shall not expand the size of an existing single-unit dwelling by more than 150 square feet, provided such expansion is provided solely for the purpose of accommodating ingress and egress.

E. Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components:

1. A sink with a maximum waste line drain of one-and-on-half inches;

2. A cooking facility with appliances which do not require electrical service greater than one 120 volts or natural or propane gas;

3. A food preparation counter or counters that total at least 15 square feet in area; and

4. Food storage cabinets that total at least 30 square feet of shelf space.

F. Parking. No off-street parking is required for the junior accessory dwelling unit.

G. Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the existing or proposed single-unit dwelling. If a bathroom facility is not shared with the single-unit dwelling, the junior accessory dwelling may, but is not required to, include an interior entry into the main living area, which may include a second interior doorway for sound attenuation.

H. Deed Restriction. Junior accessory dwelling units shall comply with the following deed restriction requirements:

1. Deed Restriction Required. Prior to issuance of a Building Permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the Tehama Recorder’s office and a copy filed with the City. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the City and shall provide that:
a. The junior accessory dwelling unit shall not be sold separately from the primary dwelling, except as may otherwise be permitted by State law. b. The junior accessory dwelling unit is restricted to the approved size and other attributes allowed by this Section.
c. The deed restriction runs with the land and shall be enforced against future property owners.

2. Deed Restriction Removal. The deed restriction may be removed if the property owner eliminates the junior accessory dwelling unit. To remove the deed restriction, a property owner shall make a written request of the City, providing evidence that the junior accessory dwelling unit is eliminated. The City shall determine the junior accessory dwelling unit has been eliminated. If the junior accessory dwelling unit is not entirely physically removed but is only eliminated by virtue of having a necessary component of a junior accessory dwelling unit removed, the remaining structure and 147
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improvements shall otherwise comply with all applicable development and building standards.

3. Enforcement. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit.

SECTION 5.

The City Clerk shall, within fifteen (15) days after its passage, cause this Ordinance to be published at least once in the Modoc Record, a newspaper of general circulation, printed, published, and circulated within the general area.

INTRODUCED at a regular meeting of the City Council of the city of Susanville, California, on the 7th day of August, 2024, and adopted at a regular meeting of the City Council of the City of Susanville, California, on the ____ day of _____, 2024.

APPROVED: _____________________________
Mendy Schuster, Mayor
ATTEST: _____________________________
Heidi Whitlock, City Clerk
The foregoing Ordinance No. 24-1044 was adopted at a regular meeting of the City Council of the City of Susanville, held on the _____day of _______, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: __________________________
Margaret Long, City Attorney

148
AGENDA ITEM NO. 9.A
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: August 7, 2024
SUBJECT: Consider Resolution No. 24-6340, authorizing the Public Works Director to execute standard agreement with the State of California Office of California Energy Commission and accepting $40,000 in grant funding from the California Automated Permit Processing Program(CalAPP).

PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: The Public Works Department Building and Planning Division recently applied for the California Automated Permit Processing Program Grant with the State of California Office of California Energy Commission (CEC) and received a grant award notification in the amount of $40,000. The grant funds will be utilized for the implementation of an online, automated permitting platform as required by the State of California for all municipalities to offer under the Solar Access Act (SB-379). The recommended software to use is Solar App+. We are asking the city council to authorize the Public Works Director to execute a standard agreement with the Office of California Energy Commission for the California Automated Permit Processing Program Grant and approve the terms of service for SolarApp +. Also, asking city council to further authorize the Finance Director to modify the budget as necessary to accommodate the expenditure of grant funds.

FISCAL IMPACT: $40,000 in grant funding
ACTION REQUESTED: Motion to approve Resolution No. 24-6340, authorizing the Public Works Director to execute standard agreement with the State of California Office of California Energy Commission and accepting $40,000 in grant funding from the California Automated Permit Processing Program(CalAPP).

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6340.pdf
APP-22-266 CEC Grant 1.pdf
2024 SolarAPP.Agreement 1.pdf
149
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RESOLUTION NO. 24-6340

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE A STANDARD

AGREEMENT WITH THE STATE OF CALIFORNIA OFFICE OF CALIFORNIA ENERGY COMMISSION (CEC) AND ACCEPTING $40,000 IN GRANT FUNDING THROUGH THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM (CalAPP) AND APPROVE THE TERMS OF SERVICE FOR SOLARAPP + AND FURTHER AUTHORIZES THE FINANCE

DIRECTOR TO MODIFY THE BUDGET AS NEEEDED
WHEREAS, the Susanville Public Works Department is responsible for the Building and Planning Division for the City of Susanville; and
WHEREAS, on September 16, 2022 Senate Bill 379 was passed requiring all municipalities in California to implement an online, automated permitting platform; and WHEREAS, the Building and Planning Division has identified and applied for grant funding to implement an online, automated permitting platform for the City of Susanville; and WHEREAS, the City of Susanville has been awarded grant funding through the CalAPP program in the amount of $40,000; and
WHEREAS, SolarApp+ is the recommended software to utilize for the CalAPP program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby accepts the CalAPP Grant Program Award of $40,000, authorizes the Public Works Director to execute a standard agreement with the Office of California Energy Commission, approves the terms of service with SolarApp+, and authorizes the Finance Director to modify the budget as necessary to accommodate the expenditure of grant funds.

APPROVED: _______________________
Mendy Schuster, 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 7th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
150

STATE OF CALIFORNIA

GRANT AGREEMENT
CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION

RECIPIENT
City of Susanville

AGREEMENT NUMBER
APP-22-266

ADDRESS
66 N. Lassen St.

Susanville CA, 96130

AGREEMENT TERM
05/23/2023 to 05/31/2027
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date.

PROJECT DESCRIPTION
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.

Exhibit A - Application with Scope of Work
Exhibit B -APP General Terms and Conditions
Exhibit C - Contact List
Page(s): 4
------
Page(s): 5
------
Page(s): 1
------

REIMBURSABLE AMOUNT
$40,000

MINIMUM MATCH SHARE REQUIREO
$ 0

TOTAL OF REIMBURSABLE AMOUNT ANO MINIMUM MATCH
$40,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.

CALIFORNIA ENERGY COMMISSION CONTRACTOR

AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE
--4-~ tJ ~
6/29/2023 f,./,d' c.. ~
6/29/2023

NAME NAME
Adrienne Winuk

TITLE TITLE
Contracts, Grants, and Loans Office Manager
Public Works Director

CALIFORNIA ENERGY COMMISSION AODRESS
715 P Street, MS 18, Sacramento, CA 95814
151

1. ATTACHMENT 01
Grant Application Form - EXHIBIT A
California Automated Permit Processing (CalAPP) Program

APPLICANT INFORMATION (REQUIRED)
Jurisdiction Name (please use full legal name as it would appear on the executed grant):
-
City of Susanville
Jurisdiction Type (select one):
[RI City D County D City and County
Current Estimated Population State of California Degartment of Finance Demog@Qhics (https://dof.ca.gov/forecasting/Demographics/):
[X] Less than 50,000 D From 100,000 to 200,000
D From 50,000 to 99,999 D Greater than 200,000
Project Manager Name Ruth McElrath
(serves as point
of contact for all Street Address 66 N. Lassen St.
communications) City and Susanville, 96130
Zip Code
Phone Number (530) 252-5118
E-Mail Address [email protected]

2. FUNDING (REQUIRED)
AssignE!d Maximum Grant Amount (select one)
[g] Group 1 ($40,000): Population less than 50,000
D Group 2 ($60,000): Population from 50,000 to 99,999
D Group 3 ($80,000): Population from 100,000 to 200,000 D Group 4 ($100,000): Population greater than 200,000
=
May 2023 Page 1 of 4
CalAPP Attachment 01
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3. PROJECT INFORMATION (REQUIRED)
A. Online, automated solar permitting platform to be adopted:
~SolarAPP+
D Other. If selected, complete Section 4 ("Additional Information'') B. Please select allowable budget item{s) anticipated to be used (Select at least one):
!><I Ongoing in-house staff labor costs associated directly with adoption and maintenance of the platform
LJ Ongoing third-party or consultant time associated directly with adoption and maintenance of the platform
~ Ongoing staff training and education, specific to the platform D Ongoing training events for local installers, specific to the platform IXf Essential hardware or equipment necessary to support adoption of the platform
~ Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform
C. Estimated Project Timeline*
*Enter actual dates if activities already began
I Activity Date {Month/Year)
; Begin Development/Pilot 3/1/2023
I
I
Fu II Adoption 12/31/2023
Staff Training 1/8/2024 I
I
Training for Local Installers 2/1/2024 I
May 2023 Page 2 of 4
CalAPP Attachment 01
APP-22-266
City of Susanville
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4. ADDITIONAL INFORMATION (if applicable)
NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval.

Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based ri- □No on user inputs (such as a contractor), thereby enabling or otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review
Supports onllne, immediate fee payment once an application is Oves □No complete, which may include auto-invoicing of permit fee costs Supports immediate generation of a permit job card following OYes □No payment confirmation Blocks noncompliant applications from receiving a permit OYes nEITHER: 1) Stand-alone permitting tool; OR 2) Integrates with OYes □No current software and inspection platform already in use S. REPORTING (REQUIRED)
Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy storage system including relevant characteristics of those systems, ~Yes □No
such as system capacity.

Please indicate your acceptance of these terms.
=
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CalAPP Attachment 01
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6. CERTIFICATION (REQUIRED)
• I am authorized to complete and sign this form on behalf of the applicant. • I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application. • I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation.
• I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Authorized
Representative:

Robert Godman
Title: Public Works Director
Phone Number: (530) 252-5105
E-mail Address: [email protected]
Date: 4/4/2023
Signature of
Authorized
I Representative:

NOTE: Do not overlap signature with surrounding border lines.

May 2023 Page 4 of 4
CalAPP Attachment 01
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California Automated Permit Processing (CalAPP) Program ATTACHMENT 2 -Terms and Conditions
Added language appears in bold underlined font and deleted language appears in strikethrough and within square brackets.

1. Background and Authority for this Grant
California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting.

2. Documents Incorporated by Reference and Priority
Incorporated by reference into this agreement are the following documents:

A. Grant Funding Opportunity (GFO) 21-402.

B. Recipient's application to CalAPP.

As between and the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict.

3. Budget, Invoices, and Payments
a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement's budget; and (4) reasonable, actual, and allowable expenses under this Agreement.
b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller's Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.

The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet. c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee's name, hours worked, and billing rate to be included as a reimbursable expense. =
d) Unallowable costs include:
• Software not related to the adoption of a qualifying online, automated permitting platform.

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• Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended. • Typically excluded items such as food and beverages.
• Advertising costs.
• Fines and penalties.
• Permit processing fees charged by operator of an online platform. • All other costs not identified as allowable.
• Unreasonable amounts or rates.

4. Certification
By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement.

5. Nondiscrimination Statement of Compliance
During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.

The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.

The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

6. Drug-Free Workplace Certification
By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply and will ensure its subcontractors will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.). In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both. and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following May 2023 Page 2 of 5 APP-22-266
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has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements of the Act.
[By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug Free Workplace Act of 1990 (Goi.•ernment Code Section 8350 et seq.) and will provide a drug free , • ..,orkplace by taking the following actions:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations as required by Government Code Section 83SS(a). 2) establish a Drug Free Awareness Program as required by Government Code Section 83SS(b) to inform employees about all of the following:
• The dangers of drug abuse in the workplace;
• The person's or organization's policy of maintaining a drug free worl(place; • /\ny available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations. 3) Provide, as required by Government Code Section 83SS(c), that every employee who worl(s on the proposed project:
• 1Nill receive a copy of the company's drug free policy statement; and • Will agree to abide b't' the terms of the compan•y"s statement as a condition of employment on the project. ]
In addition to any other rights and remedies available to the CEC, failure to comply ,...,ith these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient ma', be ineligible for any future state awards if the CeC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

7. Americans With Disabilities Act
By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA. =

8. Accounting and Audit
The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient agrees to allow the auditor(s) access to such records during normal business hours and to allow May 2023 Page 3 of 5 APP-22-266
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interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16.

Access to Sites and Records.

9. Public Works
The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements.

10. Intellectual Property
As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement.

11. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC.

12. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.

13. Independent Capacity
In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California.

14. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.

15. Waiver
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No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.

16. Access to Sites and Records
The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit.

17. Termination Without Cause
The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.

18. Third-Party Beneficiary
The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third-party beneficiary to the agreement.

19. Survival of Terms
The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination:
• 8. Accounting and Audit
• 9. Public Works
• 10. Intellectual Property
• 12. Governing Law
• 14. Severability
• 15. Waiver
• 16. Access to Sites and Records
• 18. Third-Party Beneficiary
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Exhibit C

CONTACT LIST
Califo11nia Energy Commission Recipient
-------------
Commission Agreement Manager: Project Manager:

Adam Van Winkle Ruth McElrath
California Energy Commission City of Susanville
715 P Street, MS-45 66 N. Lassen St.

Sacramento, CA 95814 Susanville, CA 96130
Phone: (916) 891-9060 Phone: (530) 252-5118
e-mail: [email protected] .gov e-mail: [email protected] Confidentia I Deliver a hies/ Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS-18
Sacramento, CA 95814
Invoices, Progress Reports and NonConfidential Deliverables to:

California Energy Commission
Accounting Officer
715 P Street MS-2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: [email protected]
Legal Notices:

Tatyana Yakshina
Grants Manager
715 P Street MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: tatya [email protected] .gov
Administrator:

Robert Godman
City of Susanville Public Works Director
66 N. Lassen St.

Susanville, CA 96130
Phone: (530) 252-5105
e-mail: [email protected]
Accounting Officer:

Chandra Jabbs
Finance Manager
66 N. Lassen St.

Susanville, CA 96130
Phone: (530) 252-5112
e-mail: [email protected]
Recipient Legal Notices:

Heidi Whitlock
City Clerk
66 N. Lassen St.

Susanville, CA 96130
Phone: (530) 252-5103
e-mail: [email protected]
May 2023 Page 1 of 1 APP-22-266
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162
Terms of Service for Using the
SolarAPP+™
Effective August 3 7, 202 7

INTRODUCTION
These Terms of Use ('Terms") are between you and Alliance for Sustainable Energy, LLC ("Alliance", "we", or "us") and govern your access to and use of the permitting review tool available on solarapp.nrel.gov webpage ("Web Tool"), which is provided by Alliance as Management and Operating Contractor of the National Renewable Energy Laboratory ("NREI..'.') under Prime Contract No. DE-AC36-08G028308 ("Prime Contract") for of the United States Department of Energy ("DOE").

By accessing or using the Web Tool, you agree to be bound by these Terms. If you are accepting these Terms on behalf of another legal entity, including your employer, another business, a government, etc., you represent that you are an authorized representative of that entity with full legal authority to bind such entity to these terms. If you do not aqree to these Terms, you must not use this Web Tool.

This Web Tool is intended for use by 1) authorities having jurisdiction ("AHJs") which are authorized permitting agencies, and 2) applicants ("Applicants") for permits. Unless otherwise indicated, these terms shall apply to both AHJs and Applicants. By submitting any information to Alliance via or in association with this Web Tool, you are representing and warranting to Alliance that you have the authority to disclose that information.

NOTICE
Alliance is not permitting agency or jurisdiction and has no authority to issue permits of any kind. For AHJ's, Alliance is not liable for the issuance of permits which do not meet the AH J's typical requirements, or which fail to comply with AHJ's permit standards. AHJ's must review all submissions to determine if issuing a permit is appropriate. AHJ's remain exclusively responsible for the review and approval of permit applications. It is not recommended to rely solely on the Web Tool for the approval or issuance of a permit.

For Applicants, Alliance is not liable for the failure of any permits to issue or the failure of any applications to be submitted. Applicants must contact the relevant jurisdiction to obtain any permit. Applicants remain exclusively responsible for the timely submission of any required information for any permit application directly to the relevant jurisdiction. It is not recommended to rely solely on the Web Tool for the submission or approval of Applicant's permit application.

Alliance, its officers, employees, agents, or representatives shall not be liable for any damages of any kind arising from your use of the linked on line payment service. Nothing contained in this Web Tool constitutes or is intended to constitute legal advice from Alliance or any of its agencies, officers, employees, agents, or representatives.

PRIVACY AND SECURITY
This Web Tool may collect personal information from users, both AHJs and Applicants. By using this Web Tool and/or agreeing to these Terms, you consent to the collection, storage, and processing of your personal information/data as set forth in the Privacy Policy.

This Web Tool may be monitored by the U.S. government and any agency thereof ("U.S Government"), by Alliance, others on their behalf, to ensure it remains available to all users and for security purposes to protect information in the system. By using the Web Tool, you expressly consent to these monitoring activities. ., •• ~"- • i .........
163
Unauthorized attempts to defeat or circumvent security features, to use the system for other than intended purposes, to deny service to authorized users, to access, obtain, alter, damage, or destroy information, or otherwise interfere with the system or its operation are prohibited. Evidence of such acts may be disclosed to law enforcement authorities and result in criminal prosecution under the Computer Fraud and Abuse Act of 7 986 (Pub. L. 990474) and the National Information Infrastructure Protection Act of 1996 (Pub. L. 104-294), (7 8 U.S.C. 1030), or other applicable criminal laws.

SYSTEM REQUIREMENTS
You are solely responsible for ensuring that your systems meet the hardware, software and any other applicable system requirements for the Web Tool. Alliance will have no obligations or responsibility under this Agreement tor issues caused by your use of any third-party hardware or software not provided by Alliance.

YOURACCOUNTANDACCOUNT

SECURITY
To use certain features of the Web Tool, you may be required to create an account and provide Alliance with a username, password, and certain other information about yourself, as set forth in the PrivacY. Policy. When registering, you must fill in all mandatory fields with accurate, current, and complete information about yourself as prompted in the registration form and keep this information up to date. Alliance has the right to suspend or terminate your account or refuse any and all use of the Web Tool if it suspects your account information is inaccurate, not current, or incomplete.

You are solely responsible tor maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to promptly notify Alliance if you discover or suspect any unauthorized use of your account or any other breach of security. You may not license, sell, or transfer your account without prior written permission from Alliance.

OWNERSHIP AND FEEDBACK
The Web Tool is made available on a limited access basis, and no ownership right is conveyed to you, irrespective of any use of terms such as "license", "purchase", or "sale". Alliance and any third parties, as applicable, have and retain all right, title and interest, including all intellectual property rights, in and to all protectable aspects of the Web Tool.

Any ideas, suggestions, and feedback about this Web Tool that you provide to Alliance are entirely voluntary, and by providing such ideas, suggestions, and feedback ("Feedback") you are agreeing that Alliance may use such Feedback without restriction and without compensation or obligation to you. To the extent any license would be required to utilize or implement your Feedback, you automatically grant Alliance, when submitting such Feedback, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license under any rights necessary for such use or implementation. =

PUBLICATION AND NON-ENDORSEMENT
You must not to use the names or marks of the U.S. Government, the DOE, NREL, or Alliance to endorse or promote any product, service, or entity without specific prior written authorization from the U.S. Government, DOE, or Alliance, as appropriate. All trademarks and service marks contained in or displayed on this Web Tool are the intellectual property of their respective owners. Any commercial use of the materials stored on this Web Tool is strictly prohibited without the prior written approval of Alliance.
164

INDEMNIFICATION REQUIREMENTS
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AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY THIRD-PARTY

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TERMS SUBJECT TO CHANGE
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TERMINATION
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=
166
AGENDA ITEM NO. 9.B
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: August 7, 2024
SUBJECT: Consider Resolution No. 24-6341, Authorizing the Public Works Director to enter into a Lease Agreement with LEAF and maintenance agreement with Forest Office Equipment for a new Kyocera 4054ci printer located at 606 Nevada Street, City's Engineering Division and authorize the Finance Director to make necessary budget amendments to the 7620 budget if needed for the agreements.

PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: The copier that is located at 606 Nevada Street for the Engineering Division contract is expiring. Forrest Office Equipment has provided a renewal agreement to continue to lease the equipment from LEAF and receive maintenance from Forest Office Equipment. Staff is requesting the City Council approve the Public Works Director to execute an lease agreement with LEAF and a maintenance
agreement with Forest Office Equipment for the copier located at 606 Nevada Street. And further authorize the Finance Director to make necessary budget amendments to the 7620 budget if needed for the agreements.

FISCAL IMPACT: Estimated Annual cost $5,004.00, no cost to the General Fund ACTION REQUESTED: Motion to approve Resolution No. 24-6341, Authorizing the Public Works Director to enter into a Lease Agreement with LEAF and maintenance agreement with Forest Office Equipment for a new Kyocera 4054ci printer located at 606 Nevada Street, City's Engineering Division and authorize the Finance Director to make necessary budget amendments to the 7620 budget if needed for the agreements.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6341.pdf
Proposal City Of Susanville Public Works (Engineering) 5054ci 7-5-24.pdf 167
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27 28
RESOLUTION NO. 24-6341

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE AUTHORIZING

THE PUBLIC WORKS DIRECTOR TO ENTER INTO LEASE AGREEMENT WITH LEAF

AND MAINTENANCE AGREEMENT WITH FOREST OFFICE EQUIPMENT FOR A NEW

COPIER FOR THE ENGINEERING DIVISION AND AUTHORIZE THE FINANCE DIRECTOR TO MAKE NECESSARY BUDGET AMENDMENTS TO THE 7620 BUDGET
WHEREAS, the City of Susanville Public Works Engineering Division, located at 606 Nevada Street, current copier lease agreement is expiring; and WHEREAS, Forest Office Equipment has a new copier for lease; and WHEREAS, Forest Office Equipment uses LEAF as a third-party company for financing; and
WHEREAS, the lease agreement with LEAF provides for a 63-month lease period at the end of which time, the City will enter into a secondary lease period, with the rate subject to change; and
WHEREAS, Forrest Office Equipment will provide a maintenance agreement for the new copier.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby authorizes the Public Works Director to enter into a lease agreement with LEAF and a maintenance agreement with Forest Office Equipment for a new copier for the Engineering Division and further authorizes the Finance Director to make necessary budget amendments to the 7620 budget for the agreements.

APPROVED: _______________________
Mendy Schuster, 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 7th day of August 2024 by the following vote:

AYES:

NOES:

ASBENT:

ABSTAIN:
___________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: ___________________________
Margaret Long, City Attorney
168
720 Main Street ~ Susanville, CA 9613
(530) 257-4330 ~ Fax (530) 257-7994
Copy Print Fax, e-fax Scan E-Mail
 1200 X 1200 dpi printing up to 50 B&W & Color prints per minute  10.1" Color Touchscreen Control Panel with Tablet-like home screen  320 Sheet Dual Scan Document Feeder scans up to 180 per minute  Up to 200 Scans to PC & E-mail Per Minute,
 Scan To And Print From USB , Flash Drive, google Drive, Drop Box and more  1 x 500 Sheet Paper Trays (Adjustable to Any Size Up to 8 1/2 x 14)  1 x 500 Sheet Paper Trays (Adjustable to Any Size Up to 12x18)  2 x 1,500 Sheet Letter size Paper Drawers
 150 Sheet MP Tray Handles Up To 110 LB. Card Stock, Envelopes, Transparencies, Labels & More
 4K Finisher Staples up to 65 Sheets, offsets, collates up to 4,000 Sheets.  Optional Hole Punch
 Software programs for Archiving & Scanning
 Print from any mobile device, Phone, Tablet ect.
5054ci
Proposed to:

City Of Susanville Public Works (Engineering)
Service Contract
Same As Current Contract
Please see attached.
includes all parts, Labor, Toner
FINANCIAL CONSIDERATIONS:
63 FMV Lease Upgrade
$240.00 Per Month
**$60.00 less than current lease
**upgrade includes all fees to return old equipment
Pre-Bid ContractPricing
Contract # R191102
169
170
OMNIA PARTNERS Copier and Printer Equipment 74 Contract Number R191102 Includes Delivery and Installation. Lease Rates are available, contact your National Account Manager.

Model Description OMNIA Price
TASKalfa 5054ci 50/50 PPM A3 Color MFP 4,578.00
Accessories
DP-7150 140 Sheet Reversing Automatic Document Processor 693.00 DP-7160 320 Sheet DSDP with Multi-Feed sensor 967.00
DP-7170 320 Sheet DSDP with Multi-Feed + staple detection 1,201.00 DF-7100 500 Sheet Internal Finisher 628.25
DF-7120 1,000 Sheet Finisher 693.06
DF-7140 4,000 Sheet Finisher (65 Sheet Staple) 1,219.00 DF-7150 4,000 Sheet Finisher (100 Sheet Staple) 2,164.00 AK-7110 Attachment Kit for DF-7120 / DF-7110 72.01
PF-7140 Dual 500 Sheet Paper Trays 628.00
PF-7150 Dual 1,500 Sheet Paper Trays - Letter 674.00
PF-7120 3,000 Sheet Side Large Capacity Tray - Letter 637.71 Stand Copier Cabinet Stand 161.00
Stabilizer Kit Stabilizer Feet for Copier Cabinet Stand 51.00 PH-7100 Hole Punch Unit for DF-7100 301.53
PH-7A Hole Punch Unit for DF-7110/7120 301.53
BF-730 Booklet and Tri Folding Unit for DF-7110 675.06
BF-9100 Booklet & Tri Folding Unit for DF-7130 767.32
MT-730(B) 7 Bin Mailbox for DF-7110 450.04
JS-7100 Job Separator 92.26
JS-7110 Inner Shift Tray 184.00
IS-7100 Inserter Unit (for the 60/70 ppm systems only) 1,893.00 ZF-7100 Z-Fold Unit (for the 60/70 ppm systems only) 5,020.00 AK-7120 Attachment Kit for the ZF-7100 89.00
Fax System 12 Fax Board 519.80
Internet FAX Kit (A) Internet Fax Kit [requires Fax System 12 ] 150.00 Data Security Kit 10 Enhancement option that helps provide the encryption function for IPsec, one of the certication requirements for HCD-PP and FIPS 140-2 for communication 243.00
Banner Guide(A) MPT Guide attachment to assist the feeding of banner paper 201.49 Scan Extension Kit(A) Searchable PDF Kit 389.98
Keyboard Holder 10 Keyboard Tray Kit 73.45
UG-33 Upgrade Kit for Thin Print Support 90.99
UG-34 Optional Printer Emulation 363.98
IB-37 Wireless LAN/Interface (2.4GHz/5GHz multi-band) 109.00 HD-16 Large Capacity HDD (1TB) 991.00
IB-50 Gigabit EtherNet Board for Dual NIC 226.84
IB-51 Wireless LAN NIC (Does not work with NetGard) 306.13 DT-730(B) Original Hard Copy Holder 20.25
NK-7130 Numeric Keypad 59.41
Platen Cover Type E Platen Cover 52.65
Surge Protector-MX (15A) 15 Amp Surge Protector 97.49
TASKalfa 5054ci Color MFP
KYOCERA Document Solutions America, Inc.

National Account Sales
https://usa.kyoceradocumentsolutions.com/
Pre-Bid Contract Pricing
Contract # R191102
171
Your Workplace
Evolution, in Color
The Kyocera Evolution Series continues to grow with the addition of a new range of high-impact color A3 MFPs. These robust devices boast industry-leading technology and security, along with outstanding print and scan speeds, to ensure impeccable quality output every single time. Join the Evolution today and add a new dimension to your business. kyoceradocumentsolutions.us
TASKalfa 5054ci
Fast Scanning Options

10.1” Color Touch Screen Panel
Kyocera Net Manager Ready
Up to 50 Pages per Minute
172

BASIC SPECIFICATIONS
Configuration: Color MFP - Print/Scan/Copy/Optional Fax Speed: Letter: 50 ppm, Legal: 30 ppm, Ledger: 25 ppm
(print only)
Warm Up Time: 17 seconds or less (power on)
First Page Out:

Copy: 3.7 seconds BW, 4.8 seconds Color
Print: 4.3 seconds BW, 5.4 seconds Color
Display: 10.1” Color Touch Screen Control Panel
Memory/Hard Disk Drive: 4GB RAM/32GB SSD/
320GB HDD Standard, 1TB HDD (option)
Duplex: Standard Stackless Duplex supports Statement
(5.5” x 8.5”) to Ledger (12” x 18”), 16 lb. Bond - 142 lb. Index (60 – 256gsm)
Standard Output Tray: Statement – 12” x 18”/500-sheets; up to 12” x 48” Banner (single sheet)
Electrical Requirements: 120V, 60Hz, 12A;
220-240V, 50/60Hz, 7.2A
Typical Electricity Consumption (TEC): 120V: .66 kWh/week; 220V: .63 kWh/week
Dimensions: 23.7” W x 26.1” D x 31.1” H
Weight: 209.4 lbs
Maximum Monthly Duty Cycle: 225,000 Pages per Month

PAPER SUPPLY
Paper Capacity: Standard 1,150-sheets; Maximum 7,150-sheets Standard Paper Sources: Dual 500-sheet Trays,
150-sheet MPT, Auto Selection/Switching
Standard Paper Size:

Tray 1 – 5.5” x 8.5” – 8.5” x 14” (statement to legal)
Tray 2 – 5.5” x 8.5” – 12” x 18”, Custom Size
MPT: 5.5” x 8.5” – 12” x 18” (multiple); to 12” x 48” Banner (single)
Optional Paper Sources:

PF-7140 Dual 500-sheet Tray Option - 5.5” x 8.5” – 12” x 18” PF-7150 Dual 1,500-sheet Tray Option - 8.5” x 11”
PF-7120 3,000-sheet Large Capacity Tray Option - 8.5” x 11” Paper Weight:

Trays/MPT: 14 lb. Bond – 166 lb. Index (52 – 300gsm)
Input Materials: Standard/Optional Trays: Plain, Bond,
Recycled, Preprinted, Vellum, Color, Pre-Punched, Thick, Thin, High Quality, Letterhead, Envelope, Custom; MPT: Plain, Bond, Recycled, Preprinted, Vellum, Color, Pre-Punched, Thick, Thin, High Quality, Transparency (OHP), Coated, Index Tab, Label, Letterhead, Envelope, Custom

SECURITY SPECIFICATIONS
Local Authentication, Network Authentication, Encryption Communication (IPsec, HTTPS, TLS 1.3, SMTP/POP/FTPS over TLS, SNMPv3), TPM chipset (Trusted Platform Module),
S/MIME, SCEP (auto certificate issuance/renewal), OCSP/ CRL (certificate validation), Secure Boot (firmware authenticity verification), Run Time Integrity Check, Data Security Kit 10 enhances IPsec communication (support for FIPS 140-2), HDD and Memory Overwrite (7x) Mode and HDD Data Encryption
(256 bit), Common Criteria (ISO/IEC-15408/EAL2), IEEE 2600.2

PRINT SPECIFICATION
Standard Controller: ARM Cortex-A53/1.6GHz
PDLs/Emulations: PRESCRIBE, PCL6 (PCL-XL/PCL-5e), KPDL3 (PS3), XPS, OPEN XPS, PDF; Optional (UG 34): IBM ProPrinter, Line Printer, LQ-850
Print Resolution: Up to 4800 x 1200 dpi
Fonts: KPDL3, PCL6, Bitmap
OS Compatibility: Windows: 8.1/10/Server 2012/Server 2012 R2/Server 2016/Server 2019; Mac OS X v10.0 or later;
Chrome OS
Mobile Printing: Apple AirPrint®, Mopria®,
KYOCERA Mobile Print, KYOCERA MyPanel
Interfaces: Standard: 1000 Base-T/100-Base-Tx/10BASE-T
(IPv6, IPv4, IPsec), 802.3az ready, High-Speed USB 3.0, 4 USB 2.0 Host Interfaces, 2 Expansion Slots,
IEEE 802.11b/g/n Wireless LAN (supports up to 98.5 feet); Optional: IEEE 802.11a/b/g/n/ac (IB-37 for 2.4/5GHz),
10/100/1000BaseTX (IB-50 for Dual NIC); IEEE 802.11b/g/n (IB-51 for Wireless LAN Interface (supports up to 328.1 feet) Network Print and Supported Protocols: HTTPS, FTPS, SNMP v1/v2c/v3, Raw Port (Port 9100) TCP/IP, IPv4, IPv6, DHCP LPR, DNS, WSD Scan/Print
Drivers: KX Driver, PCL Mini Driver, KPDL Mini Driver,
Network Fax Driver, TWAIN Driver, WIA Driver, Status Monitor, Common Profile, Output to PDF, Security Watermark, Super Resolution, Color Optimizer, MAC Driver, Chrome Print Driver, Linux Driver, KX Driver with Distributed Printing,
Windows Inbox Driver, SANE Driver
Utilities: KYOCERA Net Viewer, KYOCERA Net Device
Manager, Quick Setup, KX PRESCRIBE Macro Generator,
ID Register, Software Management Service, Upgrade Studio, Web Package Maker, Removal Tool, Wi-Fi Setup Tool,
PDF Direct Print, Command Center RX;
Kyocera Net Manager (option)

SCAN SPECIFICATION
Scan Type: Color and Black & White Scanner
Scan Resolution: 600/400/300/200 dpi, 200 x 100 dpi,
200 x 400 dpi
File Formats: TIFF, JPEG, XPS, OpenXPS, PDF/A-2.0
(MMR/JPG Compression/High Compression PDF);
Option: Scan Extension Kit Text Searchable PDF; MS Office File Connectivity/Supported Protocols: 10 BASE-T/100
BASE-TX/1000 BASE-T (IPv6, IPv4, IPSec) TCP/IP,
Hi-Speed USB 3.0
Scanning Functions: Scan-to-Folder (SMBv3), Scan-to-Email, Scan-to-FTPS over TLS, Scan-to-USB, WSD Scan,
DSM/SANE Scan, TWAIN Scan, Specified Color Removal,
Border Erase, Preview, PDF Digital Signatures
Original Size: Up to 11” x 17” (Glass)
Drivers: TWAIN/WIA/DSM-SANE Driver/WSD Scan
OPTIONAL DOCUMENT PROCESSORS2
Acceptable Originals: 5.5” x 8.5” – 11” x 17”
DP-7150: Reverse Auto Document Processor/140-sheets
Speed: Simplex: 80 ipm; Duplex: 48 ipm (BW/Color)
Weight: Simplex: 13 lb. Bond – 90 lb. Index (35 – 160gsm) Duplex: 16 lb. – 32 lb. Bond (50 – 120gsm)
DP-7160: Dual Scan Document Processor/320-sheets
Speed: Simplex: 137 ipm; Duplex: 274 ipm (BW/Color)
Weights: Simplex: 13 lb. Bond – 120 lb. Index (35 – 220gsm) Duplex: 16 lb. – 120 lb. Index (50 – 220gsm)
DP-7170 (with multi-feed and staple detection):

Dual Scan Document Processor/320-sheets
Speed: Simplex: 137 ipm; Duplex: 274 ipm (BW/Color)
Weights: Simplex: 13 lb. Bond – 120 lb. Index (35 – 220gsm) Duplex: 16 lb. – 120 lb. Index (50 – 220gsm)

COPY SPECIFICATIONS
Copy Resolution: 600 x 600 dpi
Image Mode: Text, Photo, Text/Photo, Graphic/Map
Continuous Copy: 1 – 9,999
Additional Features: Auto Magnification, Auto Paper Select, Combine Copy, Mirror Image, Rotate Copy, Border Erase,
Split Copy, Margin Shift, Page Number, Form Overlay,
Blank Page Skip, Specified Color Removal, Proof Copy,
Preview, ID Card Copy
Job Management: 1,000 User Codes, Job Build, Shortcut Keys, Repeat Copy
Magnification/Zoom: Full Size, 4 Reduction, 4 Enlargement Preset Ratios, 25 – 400% in 1% Step Increments
Document Box: Custom/Job/USB Drive Box, Fax Box
(w/option)

OPTIONAL FAX SPECIFICATIONS
Fax Type: Fax System 12 (option)
Type/Data Compression: G3 Fax/MMR, MR, MH, JBIG
Transmission Speed/Modem Speed: Less than
3 seconds/33.6 Kbps
Fax Memory: Standard 170 MB
Driver: Network Fax Driver
Fax Functions: Network Fax, Duplex Transmission and
Reception, Encrypted Transmission and Reception,
Polling Transmission and Reception, Broadcast,
Fax Server Integration, Fax Dedicated Paper Feed Tray,
Fax Forwarding to email or file

SOLUTIONS AND SERVICES
Remote Management
Kyocera Fleet Services ready! A highly secure cloud-based monitoring solution that offers real-time visibility into your fleet. Optimize device uptime and be notified when to
replenish supplies. Streamline billing with seamless 3rd party application integration, allowing you to focus solely on your business.

Printing Software
Cost Control & Security
Cloud & Mobile
Printer Management
Content Services
Scan & Connect
Intelligent Process Automation
Enterprise Content Management
IT Solutions
Technology Solutions
Including solutions for Cloud and Data Centers
Network Infrastructure
Cybersecurity Solutions
Collaboration Solutions
Consulting Services
Including IT Health Check
CIO as a Service
Healthcare Compliance
Backup and Recovery Planning
Professional Services
Including Design and Architecture
Project Implementation
Project Management
Managed Services
Including Help Desk Services
Retainer Services and On-site Support
TASKalfa 5054ci
173
kyoceradocumentsolutions.us
KYOCERA Document Solutions America
225 Sand Road, PO Box 40008
Fairfield, New Jersey 07004-0008, USA
Tel: 973-808-8444
Kyocera Document Solutions does not warrant that any specifications mentioned will be error-free. Specifications are subject to change without notice. Information is correct at time of going to press.

Output & Finishing Options3
OPTIONAL 250 SHEET INNER SHIFT TRAY JS-7110
Stack Capacity: 250-sheets
Paper Size: 8.5” x 11” – 11” x 17”
Paper Weight: 14 lb. Bond – 166 lb. Index (52 – 300gsm) OPTIONAL 500 SHEET INTERNAL FINISHER DF-71004
Stack/Staple Capacity: 500-sheets/50-sheets
Paper Size: 5.5” x 8.5” – 12” x 18”
Paper Weight: 14 lb. Bond – 166 lb. Index (52 – 300gsm) Edge Staple Position: 3 Positions: Front: 1 Staple,
Edge: 1 Staple, Face: 2 Staples
Optional Punch: PH-7100 2/3 Hole Punch Unit,
supports 5.5” x 8.5” – 12” x 18”; 14 lb. Bond – 166 lb. Index Dimensions: 19.4” W x 21” D x 6.9” H
OPTIONAL 1,000 SHEET FINISHER DF-71204
Stack/Staple Capacity: Main Tray: 1,000-sheets/50-sheets (up to 24 lb. Bond [90gsm])
Paper Size: 5.5” x 8.5” – 12” x 18”
Paper Weight: 14 lb. Bond – 166 lb. Index (52 – 300gsm) Edge Staple Position: 3 Positions: Top Left, Bottom Left, Center Bind
Optional Punch: PH-7A 2/3 Hole Punch Unit,
supports 5.5” x 8.5” – 12” x 18”; 14 lb. Bond – 166 lb. Index Dimensions: 21.6” W x 24.4” D x 41.3” H
OPTIONAL 4,000 SHEET FINISHER DF-71404
Stack/Staple Capacity: Main Tray (A): 4,000-sheets;
Sub Tray (B): 200-sheets/65-sheets (up to 24 lb. Bond
[90gsm])
Paper Size: 5.5” x 8.5” – 12” x 18”
Paper Weight: 14 lb. Bond – 166 lb. Index (52 – 300gsm) Edge Staple Position: 3 Positions: Top Left, Bottom Left, Center Bind
Optional Punch: PH-7A 2/3 Hole Punch Unit, supports

5.5” x 8.5” – 12” x 18”; 14 lb. Bond –166 lb. Index
Dimensions: 29” W x 26” D x 42” H
TASKalfa 5054ci
Optional Booklet Folder/Trifold Unit BF-730: (DF-7140)
Booklet Folder: supports 8.5” x 11”, 8.5” x 14”, 11” x 17” Fold Booklet (staple): 16 lb. – 24 lb. Bond (60 – 90gsm) 20-sheets; 25 lb. – 28 lb. Bond (91 – 105gsm) 13-sheets; Higher than 28 lb. Bond (Higher than 105 gsm) 1-sheet
Fold Booklet (no staple): 16 lb. – 24 lb. Bond (60 – 90gsm) 5-sheets; 25 lb. Bond – 72 lb. Index (91 – 120gsm) 3-sheets; 32 lb. Bond – 110 lb. Cover (121 – 256gsm) 1-sheet
Trifold: supports 8.5” x 11” only: 16 lb. – 24 lb. Bond (60 – 90gsm) 5-sheets; 25 lb. Bond – 72 lb. Index
(91 – 120gsm) 3-sheets
Optional Multi-Bin Mailbox MT-730(B): (DF-7140)
7 Trays; supports: 16 lb. Bond – 90 lb. Index (60 – 163gsm); Stack Capacity per bin: 100-sheets: 5.5” x 8.5”, 8.5” x 11”; 50-sheets: 8.5” x 14”, 11” x 17”
OPTIONAL 4,000 SHEET FINISHER DF-71504
Stack/Staple Capacity: Main Tray (A): 4,000-sheets;
Sub Tray (B): 200-sheets/100-sheets (up to 20 lb. Bond
[80gsm])
Paper Size: 5.5” x 8.5” – 12” x 18”
Paper Weight: 14 lb. Bond – 166 lb. Index (52 – 300gsm) Edge Staple Position: 3 Positions: Top Left, Bottom Left, Center Bind
Optional Punch: PH-7A 2/3 Hole Punch Unit,
Supports 5.5” x 8.5” – 12” x 18”; 14 lb. Bond – 166 lb. Index Dimensions: 29” W x 26” D x 42” H
Optional Booklet Folder/Trifold Unit BF-9100: (DF-7150) Booklet Folder: supports 8.5” x 11”, 8.5” x 14”, 11” x 17” Fold Booklet (staple): 14 lb. – 24 lb. Bond (52 – 90gsm) 20-sheets; 25 lb. – 28 lb. Bond (91 – 105gsm) 13-sheets; Higher than 28 lb. Bond (Higher than 105 gsm) 1-sheet
Fold Booklet (no staple): 14 lb. – 24 lb. Bond (52 – 90gsm) 5-sheets; 24 lb. Bond – 28 lb. Index (91 – 105gsm) 3-sheets; 28 lb. Bond – 140 lb. Index (106 – 256gsm) 1-sheet
Trifold: supports 8.5” x 11” only: 14 lb. – 24 lb. Bond (52 – 90gsm) 5-sheets; 25 lb. Bond – 28 lb.

Index (91 – 105gsm) 3-sheets

ADDITIONAL OPTIONS
AK-7110 Bridge Unit Attachment Kit, JS-7100 Job Separator, HD-16 Large Capacity HDD (1TB), Banner Guide 10, Internet Fax Kit (A), Card Authentication Kit (B), Data Security Kit 10.

Dual NIC (IB-50), Extended Range Wireless LAN NIC (IB-51), Thin Print option (UG-33), Printer Emulation option (UG-34), DT-730(B) Document Tray, Scan Extension Kit (A) for Text Searchable PDF; MS Office File, Keyboard Holder 10,
Numeric Keypad (NK-7130), Cabinet Stand, EFI Printing
System 17 - Fiery Controller
1 Requires PF-7140
2 Only 1 Document Processor can be installed
3 Only 1 Output Option can be installed
4 Requires Bridge Unit Attachment Kit (AK-7110)
Kyocera Document Solutions Partner
Specifications and design are subject to change without notice.

For the latest on connectivity visit kyoceradocumentsolutions.us.

TASKalfa, PRESCRIBE, Kyocera Net Manager, Kyocera Net Viewer, Kyocera Device Manager, PDF Direct Print, Command Center RX, and KX Driver are trademarks of The Kyocera Companies.

Mac OS and AirPrint are trademarks of Apple, Inc. Mopria is a trademark of Mopria Alliance, Inc. Windows is a trademark of Microsoft, Inc. All other trademarks are the property of their respective owners.
174
i / ci Series
This certifies that
Neil ReBell
600 / 500 / 400 i
605 ci / 505 ci / 405 c
Instructor Ken Uhler
Class No.

Vice President of
has successfully completed Kyocera Document Solutions America, Inc. 00 / 05 c Series course, covering models
175
i / ci Series
This certifies that
Seanne McElrath
600 / 500 / 400 i
605 ci / 505 ci / 405 c
Instructor Ken Uhler
Class No.

Vice President of
has successfully completed Kyocera Document Solutions America, Inc. 00 / 05 c Series course, covering models
176

CUSTOMER NAME

BILLING ADDRESS

1. PRODUCTS. The term “Products” shall refer collectively to the Equipment (including Options and Accessories), Software and Supplies ordered under this Agreement. You represent that the Products will not be used primarily for personal, household or family purposes.

2. INSTALLATION DATE. The “Installation Date” which governs when certain terms and conditions become effective, is defined as follows: For Equipment installed by Forest Office Equipment, the Installation Date will be the date Forest Office Equipment determines the Equipment to be operating satisfactorily as demonstrated by successful completion of diagnostic routines, or upon your written request relative to purchased Equipment or Leased Equipment, the delivery date of such Equipment.

3. PAYMENT. Invoices are payable upon receipt. You shall pay Forest Office Equipment all applicable state and local taxes. These taxes include, but are not limited to, sales and use, rental, excise, gross receipts and occupational or privileged taxes. Exemption from tax payment will be allowed upon presentation of applicable state and/or local proof of exemption.

4. BASIC SERVICES. This Section describes the basic services provided by Forest Office Equipment for Purchased Equipment covered under an express warranty and for Rental Equipment and Leased Equipment (“Basic Services”).

A. REPAIRS AND PARTS. Forest Office Equipment will make all necessary adjustments and repairs to keep the Equipment in good working order. Parts required for repair may be recovered or reprocessed, and replaced parts will become the property of Forest Office Equipment at its option. Any developer used in the Equipment may be installed and removed only by Forest Office Equipment and, upon removal, will become Forest Office Equipment property.

B. HOURS EXCLUSIONS AND RELEASES. Basic Services will be provided during Forest Office Equipment’s established service availability hours (M-F, 9-5), and only within areas opened for repair service within the United States and its territories and possessions. Excluded from Basic Services are repairs ~ caused other than by normal wear and tear or by defects in material or workmanship.

C. INSTALLATION SITE AND ACCESS. The Equipment installation site must at all times conform to Kyoceras published space, electrical, and environmental requirements. You will provide, at no charge to Forest Office Equipment, access to the Equipment and to a telephone, and adequate storage space for a reasonable quantity of replacement parts.
720 Main Street ~ Susanville, CA 96130
(530) 257-4330 ~ Fax (530) 257-7994
Email: [email protected]
Maintenance Agreement
177
D. ALTERATIONS AND SAFETY. If you make an alteration, attach a device, or utilize a, supply item that in Forest Office Equipments judgment, increases the cost of Basic Services, Forest Office Equipment will either propose an additional service charge, or request that the Equipment be returned to its standard configuration or that use of the supply item be discontinued. You must either accept the proposal or comply with the request within 5 days. If Forest Office Equipment believes that an alteration, attachment or supply item affects the safety of Forest Office Equipment personnel or Equipment users, Forest Office Equipment will notify you of the problem and may withhold Basic Services until the problem is remedied.

E. REMEDY (LEASED EQUIPMENT) If Forest Office Equipment is unable to maintain Equipment in good working order under the conditions described above, Forest Office Equipment will, as your exclusive remedy, replace the Equipment with either an identical product or another product that provides equal or greater capabilities at the Option of Forest Office Equipment. If you originally purchased the Equipment, the replacement product will become your property, and the original purchased Equipment Forest Office Equipment’s property, free and clear of all non-Forest Office Equipment liens, security interests or encumbrances.

F. REMEDY (CUSTOMER OWNED EQUIPMENT) If customer decides to permanently take machine out of service, notification of thirty days must be given to Forest office Equipment to come get all consumables, drum, fuser, toner, developer, ect. If machine can’t be repaired then the contract is terminated.

G. METER READINGS. If applicable, you will provide accurate and timely meter readings at the end of each applicable billing period in the manner prescribed by Forest Office Equipment. Forest Office Equipment shall have access to the Equipment to monitor the meter readings. If meter readings are not received in a timely manner, Forest Office Equipment may obtain them by other means or may estimate them.

H. BREACH AND ATTORNEYS FEES. If either party fails to cure a material breach within 10 days following a written notice of breach by the other party, the other party may upon written notice either (a) terminate this Agreement or (b) suspend its performance under this Agreement. In any action to enforce this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney’s fees.

Start Count Color : Start Count Black:

Agreement Start Date Date: __________ Agreement End Date: _________ B&W Monthly Base Payment $ _____ Includes ___________Copies B&W Overage Charge Per Month Over = $________ Per Print Customer Signature______________________________ ___Date________________ FOE Accepted by__________________________________ _ Date______________ _ Model Number: _______ __ Serial No. _____________ ID# _____ Color Monthly Base Payment $ Includes _________Copies
Color Overage Charge Per Month Over = $________ Per Print *After Agreement End Date, Contract renews as a month to month agreement* 178
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4. Government Use. You agree that (a) you will comply with all information reporting requirements of the Internal Revenue Code of 1986, as amended, including but not limited to the execution and delivery to us of information statements requested by us, and (b) the use of the Equipment is essential for your proper, efficient and economic operation, you will be the only entity to use the Equipment during the term of the Agreement and you will use the Equipment only for your governmental purposes. Upon our request you will provide us with an essential use letter in a form satisfactory to us as to clause (b) above.

5. Insurance. You agree to provide and maintain at your own expense (a) property insurance against the loss, theft, destruction of, or damage to, the Equipment for its full replacement value, naming us as loss payee, and (b) public liability and third party property insurance, naming us as an additional insured. You will give us certificates or other evidence of such insurance on the Equipment at such times as we request. All insurance obtained from a third party insurer will be in a form, amount and with companies acceptable to us, and will provide that we will be given 30 days' advance notice of any cancellation or material change of such insurance. If you do not provide us with proof of such insurance, we may secure insurance on the Equipment to cover our interests (and only our interests). If we obtain such insurance, you will pay us an additional amount for the cost of such insurance and an administrative fee, the cost of which may be more than the cost to obtain your own insurance and on which we may make a profit.

6. Indemnification. With respect to any claims, actions, or suits that are made against us as a result of your actions, omissions, negligence or willful misconduct ("Claims"), to the extent permitted by law, you agree to reimburse us for, and if we request, defend us against, any such Claims.

7. Choice of Law. Regardless of any conflicting provision in the Agreement, THE AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE IN WHICH YOU ARE LOCATED.

8. This Addendum supplements and amends the Agreement only to the extent and in the manner set forth, and in all other respects, the Agreement will remain in full force and effect.

IN WITNESS WHEREOF the parties hereto, by their authorized signatories, have executed this Addendum at the date set forth below their respective signatures.

CUSTOMER: City Of Susanville Public Works LEAF CAPITAL FUNDING, LLC By: By:

Print Print
Name: Name:

Title: litle:

Date: Date:

Page 2 ends

AGENDA ITEM NO. 9.C
Action Item
Submitted By: Tamra Spade, Economic Development
Action Date: August 7, 2024
SUBJECT: Consider Resolution No. 24-6342, Authorizing Mayor to sign Agreement between the City of Susanville (City) and Placer Labs, Inc., for data analytic software annual subscription.

PRESENTED BY: Tamra Spade, Economic Development Director SUMMARY: Placer Labs, Inc., software subscription will track, analyze and provide insights into Susanville's Economic Development trends. This data will help assess the economic impact on Susanville's sales tax revenue and optimize advertising strategies by targeting the right channels and locations. Additionally, monitoring traffic patterns, will aid in planning infrastructure improvements and enhancing visitor's experiences. Placer Labs, Inc., will be instrumental in driving economic growth and making strategic business decisions. This will be a collaboration between the City of Susanville and Susanville Indian Rancheria for a one-year subscription for $16,000 split between the organizations each paying $8,000.

FISCAL IMPACT: $8,000 from General Fund (Economic Development Professional Services)
ACTION REQUESTED: Motion to approve Resolution No. 24-6342, Authorizing Mayor to execute Agreement between the City of Susanville (City) and Placer Labs, Inc., for the data analytic software annual subscription.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6342.pdf
Order Form - City of Susanville - 07.17.2024.docx
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RESOLUTION NO. 24-6342

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PLACER LABS, INC.

FOR THE DATA ANALYTIC SOFTWARE ANNUAL SUBSCRIPTION
WHEREAS, the city of Susanville Economic Development Trends and Marketing Campaign relies on data analytics to help strengthen and attract businesses, and opportunities for growth; and
WHEREAS, Placer Labs, Inc., serves private and public organizations nationwide providing data analytic services and training; and
WHEREAS, the Susanville Indian Rancheria has agreed to split the total cost of $16,000 with the city by contributing fifty percent (50%), or $8,000, for the program; and WHEREAS, the City Council of the city of Susanville has received, reviewed, and approved the proposed agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby authorizes the Mayor to execute the Agreement with Placer Labs, Inc. for data analytic software annual subscription.

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
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1 PLACER LABS, INC.

ORDER FORM
City of Susanville (“Customer”) Placer Labs, Inc. (“Placer”) Address: 66 N. Lassen St
Susanville, CA 96130
Address: 440 N Barranca Ave., #1277
Covina, CA 91723
Contact Person: Tamra Spade Contact Person Tyler Goldman Email: [email protected] Billing Contact Person: Jason Tsui Phone: 530-252-5100 Billing Email*: [email protected]
Billing Contact Email: [email protected] Billing Phone*: 415-228-2444 ext 806 *Not for use for official notices.

1. Services.

The services provided under this Order Form (the “Services”) include:
 Access, via Placer Venue Analytics Platform (“Placer’s Platform”), to all major venues within the United States  Customer may not provide access to any third party agents acting on its behalf (including any consultants, contractors, or other agents of Customer) without prior written consent from Placer. Any such approved access may be subject to an additional fee pursuant to a written amendment to this Order Form  Access, via Placer’s Platform, to reports, including Visits, Trade Areas, Customer Journey, Customer Insights, Dwell Times, and Visitation by Hour/Day
 Actionable insights include:
o Foot traffic counts and dwell time
o True Trade Areas displaying frequent-visitors-density by home and work locations o Customers’ demographics, interests, and time spent at relevant locations o Where customers are coming from and going to, and the routes they take o Benchmarking of Foot Traffic, Market Share, Audiences, and other key metrics o Competitive insights
o Void Analysis Reports
 Access to Xtra reports per ad hoc needs; in Excel, KML, Tableau, and other formats: Quarterly Maximum of 26 credits; Annual Maximum of 104 credits
 Premier Customer Support
o Regular meetings with Placer's Customer Success Team
o Live, Virtual Training support as reasonably needed
 Access to STI Demographics Bundle + Mosaic Data Set, and AGS CrimeRisk. The applicable Advanced Demographics and Psychographics are generated using the Input Datasets from the data vendors as set forth below:

Description Input Datasets Used
STI Demographics Bundle
PopStats
Spending Patterns
Workplace
Market Outlook
Experian Mosaic Mosaic Segmentation
AGS CrimeRisk CrimeRisk
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 Access to additional data sets mentioned hereunder, via Placer’s Marketplace initiative. The applicable data sets are generated using the Input Datasets from the data vendors as set forth below (such data vendors, the “Marketplace Vendors”):
 The foregoing are referred to as “Marketplace Services.” Marketplace Services and Marketplace Data are governed by, and Customer and Placer agree to, the Marketplace License Agreement located at https://www.placer.ai/placer-marketplace-license-agreement/ (the “Marketplace Agreement”). Capitalized terms in this section have the meaning set forth in the Marketplace Agreement.

Description Input Datasets Used
Additional Data Set AGS - Business Counts

2. Permitted Uses
The data, information and materials accessible via the Services are referred to as “Placer Data”. Customer may use Placer Data solely for the following purposes (“Permitted Uses”): (a) Customer may use Placer Data for Customer’s internal business purposes; and (b) Customer may incorporate Placer Data into Research Data, as described and subject to the restrictions below.
“Research Data” means datasets and other materials created by Customer that result in any part from Customer’s use of Placer Data. The Customer may share Research Data with current and potential customers, and in marketing materials; provided that the Customer shall cite Placer as a provider of such information (for such purpose only, Placer grants Customer the rights to use the Placer.ai name and logo, provided that any such use of the Placer.ai name and logo must clearly indicate that Placer is the provider of data only, and is not involved in any analysis, conclusion, recommendation). Customer shall not, directly or indirectly, resell, distribute, sublicense, display or otherwise provide Placer Data to any third parties, except that Customer may display Placer Data as part of Research Data.

3. Term and Termination.

Initial Term: The initial term of this Order Form will begin as of the last signature date set forth below, and will continue for 12 consecutive months thereafter (the “Initial Term”). Each renewal or additional term, if any, is referred to as “Additional Term,” and the Initial Term and any Additional Terms are referred to collectively as the “Term.”
Additional Term: This Order Form shall continue on the same terms and conditions set forth herein for additional periods of the same duration as the Initial Term, if mutually agreed in writing by both parties.

Termination: Either party may terminate this Order Form upon thirty (30) days’ notice if the other party materially breaches any of the terms or conditions of this Order Form or the Agreement (as defined below), and the breach remains uncured during such thirty (30) days. In addition, Placer may immediately suspend Customer’s access to the Services, or terminate the Order Form, in the event of non-payment by the Customer or breach by Customer of any restrictions regarding usage of the Services.

4. Fees.
$16,000/year invoiced: in full upon signing this Order Form.

Invoice sent electronically to Customer’s billing contact email via NetSuite. 185
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Customer shall pay the fees set forth above in this Order Form. Customer agrees that if any event occurs that will result in a material increase in Customer’s usage of the Services (whether due to a merger or acquisition or otherwise), Customer will notify Placer in writing no later than thirty (30) days following the date of such event and Placer reserves the right to increase the Customer’s Annual Fee accordingly. If such event consists of Customer’s merger with or acquisition of another customer of Placer, the Annual Fee increase shall be in an amount no less than the prorated annual fee of such other customer.

Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.

Customer is responsible for all applicable taxes arising directly from the Services other than U.S. taxes based on Placer’s net income.

If Customer believes that Placer has billed Customer incorrectly, Customer must contact Placer no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or credit. Inquiries should be directed to Placer’s customer support department at [email protected].

Placer may increase the Fees any time following the Initial Term (but not more frequently than once in any twelve (12) month period).The amount of such annual increase will equal the greater of CPI or five percent (5%) per annum.

In the event of any termination, Customer will pay in full for the Services.

All billing will be sent via electronic invoice to the Customer contact indicated above. Customer shall pay all fees within thirty (30) days of the invoice date.

5. Support.

Placer will use commercially reasonable efforts to provide customer service and technical support in connection with the Services on weekdays during the hours of 9:00 A.M. through 5:00 P.M. Pacific Time, with the exclusion of federal holidays. For any such support, please contact us at [email protected].

6. Mutual NDA.

Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Placer includes, without limitation, non-public information regarding features, functionalities and performance of, and pricing for, the Services. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted by the Agreement) or disclose to any third party any Proprietary Information. The foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, (b) was in the possession of or known to the Receiving Party, prior to disclosure thereof by the Disclosing Party, without any restrictions or confidentiality obligations, (c) was rightfully disclosed to it, without any restrictions or confidentiality obligations, by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law, provided that the Receiving Party provides the Disclosing Party with prompt written notice of such requirement and reasonably cooperates with the Disclosing Party to limit or challenge such requirement. These provisions regarding Proprietary Information shall apply in perpetuity and shall survive any termination of the Order Form or the Agreement.
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7. Miscellaneous.

Notices. All notices under the Order Form and the Agreement will be in writing and will be deemed to have been duly given (a) upon delivery by a recognized delivery service (e.g., FedEx) with delivery confirmation, (b) upon receipt, if sent by U.S. certified or registered mail, return receipt requested, or (c) when sent via email, if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient. Notices shall be sent to the addresses set forth in the Order Form, which addresses may be subsequently modified by written notice given in accordance with these provisions.

Trial Offering. If Placer provides Customer with additional Services or Placer Data during the Term and identifies such Services or Placer Data as for evaluation or trial purposes only (a “Trial Offering”), access to the Trial Offering is permitted only during the period designated by Placer (or if not designated, 30 days from receipt of access) (“Trial Subscription Term”), unless the Trial Offering is earlier terminated as provided below. During the Trial Subscription Term, Customer may only use the Trial Offering for internal evaluation purposes and may not otherwise use or distribute the Trial Offering for any other purposes. Notwithstanding any provision included in this Order Form or the Agreement to the contrary, in respect of the Trial Offering Customer acknowledges and agrees that: (i) either party may terminate the Trial Subscription Term immediately and without liability upon written notice to the other party; (ii) any Trial Offering is provided “as is”; (iii) Placer provides no warranty, service levels or indemnity for any Trial Offering and (iv) Placer's liability related to any Trial Offering will not exceed USD $100.

Notwithstanding the foregoing, the Services and Placer Data provided in this Order Form is not considered a Trial Offering.

Promotional Use. Customer grants Placer the right to use Customer’s company name and company logo, for Placer’s promotional purposes.

Funding Failure Termination Right. If funds for continued payments under this Agreement by the Customer are at any time unavailable or are insufficient for the Initial Term or any Additional Term, through failure of any entity, including the Customer itself, to appropriate such funds, then the Customer shall, within ten (10) days of such determination, provide notice to Placer and both Placer and the Customer shall have the right to immediately terminate this Order Form without penalty or further payment by the Customer.

Public Records Laws. Placer acknowledges that if Customer is subject to the applicable public records laws and regulations for Califronia state ("Public Records Laws"), that all obligations imposed by this Agreement are subordinate to Customer’s obligations under Public Records Laws. Notwithstanding the foregoing, Customer agrees that it will keep Placer's Proprietary Information (including any Placer Data) confidential in accordance with this Order Form and the Agreement unless otherwise required by applicable law, including Public Records Law.

License Agreement Amendments: For the purposes of this Order Form only the Agreement is hereby amended as follows:
 If applicable law prohibits Customer from indemnifying Placer, then Section 5.b of the Agreement, beginning “Customer shall defend, indemnify and hold Placer harmless…”, is hereby deleted in its entirety.  The third to the last sentence of Section 8 of the Agreement is hereby removed in its entirety and replaced with the following: “This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions."
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This Order Form is entered into by and between Customer and Placer effective as of the date of the last signature below. This Order Form and use of the Services are governed by, and Customer and Placer agree to, the License Agreement located at https://www.placer.ai/placer-license-agreement/ (the “Agreement”); provided, however, that in the event of any conflict between this Order Form and the Agreement, this Order Form shall control. Unless otherwise defined in this Order Form, capitalized terms herein have the same meaning as in the Agreement. “Customer” “Placer”
City of Susanville Placer Labs, Inc.

By: \signature1 {“size”: “small” ,"w":"200"}\ By: \signature2 {“size”: “small” ,"w":"200"}\ Name: \fullname1 {“size”: “small” ,"w":"220"}\ Name: \fullname2 {“size”: “small” ,"w":"220"}\ Title: \title1 {“size”: “small” ,"w":"200"}\ Title: \title2 {“size”: “small” ,"w":"200"}\ Date: \date1\ Date: \date2\
188
AGENDA ITEM NO. 9.D
Action Item
Submitted By: Heidi Whitlock, Public Works
Action Date: August 7, 2024
SUBJECT:

Consider Resolution No. 24-6343, authorizing the purchase of a back up pump motor with the purchase split between Water, Geothermal and the Golf Course, and authorize the Finance Director to adjust the Water, Geothermal and Golf Course budgets as necessary.

PRESENTED BY: Bob Godman, Public Works Director
SUMMARY:

With the recent pump failures staff would like to purchase a back up pump motor. Staff have determined that a 60hp 480 volt motor would be the best for a back up as it could be used at Well 4 for the Water Division, Susan One for the Geothermal division or as the main irrigation pump for the Golf Course. Staff received three quotes with the best one being $7,486.05 from Tri County Pump Co. of Susanville, Ca. If this motor was to be used by one of the divisions, the motor that it replaces would be rebuilt and then become the spare motor for future use.

FISCAL IMPACT:
$7,486.05 total cost to be divided evenly between the Water division, Geothermal division and the Golf Course at $2,495.35 each. No impact to the General Fund.

ACTION REQUESTED: Motion to approve Resolution No.24-6343, authorizing the purchase of a back up pump motor with the purchase split between Water, Geothermal and the Golf Course, and authorize the Finance Director to adjust the Water, Geothermal and Golf Course budgets as necessary.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6343.pdf
Back up motor quote.pdf
189
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RESOLUTION NO. 24-6343

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

AUTHORIZING THE PURCHASE OF A BACK-UP-PUMP MOTOR SPLIT BETWEEN THE

WATER, GEOTHERMAL AND THE GOLF COURSE AND AUTHORIZE THE FINANCE

DIRECTOR TO AMEND THE WATER, GEOTHERMAL AND GOLF COURSE

BUDGETS AS NECESSARY
WHEREAS, the City operates the Water Utility, the Geothermal Utility and the Diamond Mountain Golf Course; and
WHEREAS, each of these enterprises uses a 60hp 480-volt pump as part of their operation; and
WHEREAS, having a replacement pump motor would greatly reduce down time in the case of a failure; and
WHEREAS, staff have received three quotes for a replacement motor, with the lowest quote being from Tri County Pump Company for the amount of $7,486.05.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby authorizes the purchase of a back up pump motor split between the Water Utility, Geothermal Utility and the Golf Course and authorizes the Finance Director to amend the Water, Geothermal and Golf Course budgets as necessary.

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
190
191
AGENDA ITEM NO. 9.E
Action Item
Submitted By: Dan Newton, Administrative Services
Action Date: August 7, 2024
SUBJECT: Consider appointing an ad hoc committee for the purpose of developing sub-recipient agreements for distributing the American Rescue Plan Act (ARPA) funds.

PRESENTED BY: Margaret Long, City Attorney
SUMMARY: The City Council allocated ARPA funds to the Susanville Elk's Lodge and the Susanville Symphony Society, each requiring a projectspecific sub-recipient agreement. Each agreement will require a detailed project description and specific terms and conditions. The process to develop the agreements will be enhanced if
councilmembers are involved. An appropriate method of involving councilmembers is by creating an ad hoc committee.

If created, the ad hoc committee will consist of two councilmembers who will collaborate with city staff and the two recipients of ARPA funds to develop the project descriptions and terms and conditions of the agreements. Upon completion, the draft agreements will be brought back to the full City Council for approval.

FISCAL IMPACT: None.

ACTION REQUESTED: Motion to appoint two city council members to serve as an ad hoc committee for the purpose of developing sub-recipient agreements for distributing the American Rescue Plan Act (ARPA) funds.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
192
AGENDA ITEM NO. 13.A
Discussion Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: August 7, 2024
SUBJECT: Department Reports
PRESENTED BY: Dan Newton, City Manager
SUMMARY: The City Manager's Report is designed for Department Heads to address the Council on a variety of topics, is needed. Also, for the Council to address any questions or comments regarding that Department Head.

FISCAL IMPACT: None.

ACTION REQUESTED: Information only.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
193
AGENDA ITEM NO. 14.A
Discussion Item
Submitted By: Heidi Whitlock, Administrative Services
Action Date: August 7, 2024
SUBJECT: Future Council Items
PRESENTED BY: Dan Newton, City Manager
SUMMARY: Council may provide direction to staff to bring back items for discussion or action at a future meeting.

FISCAL IMPACT: None.

ACTION REQUESTED: Possible direction to staff.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
240807.FutureItemsList.pdf
194
5/15/2024 Request made to extend water utility at Johnstonville to the Airport 6/5/2024 Request regarding a new Recycling center for the area 6/19/2024
Request to create a rebate program to provide funds to business owners for repairs to their business (only to be completed by local constractors) to help our local businesses. Chamber may help with funding. 6/19/2024 Request for a gate to be placed at the top of the Little League field 7/3/2024 Request to cut weeds on 1105 Orlo
7/3/2024 Request city support of current businesses
7/16/2024 Consider doing away with the Planning Commission and have the planning department handle the duties 5/15/2024 Request made to revisit the Councils top 4 priorities, and to present quarterly instead of monthly 5/15/2024 Request to create strategic plan for the city 6/5/2024 Request to bring back a change to limit public comment to 3 minutes 7/3/2024 Request made to look into Silver Slippers Pool Program 7/16/2024 Request made to change the code to reflect 3 minute public comment times 6/5/2024 Update on website requested
4/23/2024 Reminder to consider ARPA funds for pickleball courts 4/23/2024 Request to consider ARPA funds for the Little League Park 4/23/2024 Requested discussion on city website

LAST THREE MONTHS

BUSINESS FROM THE FLOOR
Council requested - FUTURE COUNCIL ITEMS
Completed Items
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Susanville City CouncilAugust 7, 2024

Susanville City Council
August 7, 2024