CALL TO ORDER
ROLL CALL
1. APPROVAL OF AGENDA: (Additions and/or Deletions)
2. PUBLIC COMMENT REGARDING CLOSED SESSION ITEMS (if any): Any person may address the Council at this time upon any subject for discussion during Closed Session.
3. CLOSED SESSION:
A. PUBLIC EMPLOYMENT - pursuant to Government Code Section §54957
1. City Manager evaluation - priority setting
B. CONFERENCE WITH LABOR NEGOTIATORS - pursuant to Government Code Section §54957.6
1. Admin Unit
2. Management Unit
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 Veteran's Day Proclamation
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 October 16, 2024 regular meeting.
6.B Consider Resolution No. 24-6371, approving and authorizing the Mayor execute a Memorandum of Understanding with the Administrative Unit.
7. PUBLIC HEARINGS:
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, November 6, 2024 – 4:30 PM
1 7.A Consider Resolution No. 24-6376, upholding the City of Susanville Planning Commission's decision to assess penalties in the amount of $10,000.00 for violations of the Susanville Municipal Code by PC Resolution No. 24-1177 for 6 Monrovia Street nuisance abatement order 2023-005.
8. COUNCIL DISCUSSION/ANNOUNCEMENTS:
9. NEW BUSINESS:
9.A Consider Resolution No. 24-6373, approving the closure of Main Street from Cottage Street to Weatherlow Street on Saturday, December 7, 2024, from 4:00pm to 7:00pm in support of the Lassen County Chamber of Commerce Annual Magical Country Christmas Celebration, waive all cost associated with the road closure and contribute Civic Contribution Funds towards the cost of the Firework Display.
9.B Consider Resolution No. 24-6377, authorizing the City Manager to execute a contact with Nevada Barricade & Sign Company Inc for roadway lane striping and authorize the Finance Director to modify the budget as necessary to complete the work.
9.C Consider waiving first reading and introducing Ordinance No. 24-1046, amending Chapter 3 for Title 3, Revenue and Finance of the Susanville Municipal Code, including sections
3.08.010 through 3.08.200.
9.D Discussion regarding 830 Main Street - St. Francis
10. SUSANVILLE COMMUNITY REDEVELOPMENT AGENCY: No business.
11. SUSANVILLE MUNICIPAL ENERGY CORPORATION: No business.
12. CONTINUING BUSINESS:
12.A Consider Ordinance No 24-1045, Amending Chapter 2, Sections 2.04.070 and 2.04.160(3)(b) of the city of Susanville Municipal Code related to the order of business and addressing the council.
13. CITY MANAGER'S REPORTS:
13.A Department Reports
14. FUTURE COUNCIL ITEMS:
14.A Future Council Items
15. ADJOURNMENT:
The next regular meeting of the Susanville City Council will be held on November 20, 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.
2 I, Heidi Whitlock, certify that I caused to be posted notice of the regular meeting scheduled for November 6, 2024 in the areas designated on November 1, 2024.
3 AGENDA ITEM NO. 6.A
Action Item
Submitted By: Heidi Whitlock, City Clerk
Action Date: November 6, 2024
SUBJECT: Minutes of the City Council October 16, 2024 regular meeting.
PRESENTED BY: Heidi Whitlock, City Clerk
SUMMARY: Attached for the Council’s review are the minutes of the City Council’s October 16, 2024 regular 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 October 16, 2024 regular meeting.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
241016.cc.min.draft.pdf
4 SUSANVILLE CITY COUNCIL
Regular Council Meeting Minutes
WEDNESDAY, OCTOBER 16, 2024 – 5:00 PM
Mayor Schuster called the meeting to order at 5:00pm.
Roll Call of Councilmembers Present: Mendy Schuster, Russ Brown, Curtis Bortle, Patrick Parrish, Dawn Miller
1. APPROVAL OF AGENDA:
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): No closed session.
3. CLOSED SESSION: No business.
4. RETURN TO OPEN SESSION: The Pledge of Allegiance and Invocation were provided.
5. BUSINESS FROM THE FLOOR:
Amanda Garrett, District Manager of C&S Waste, introduced herself and provided a brief explanation of what she does in the community.
6. CONSENT CALENDAR:
Moved by Russ Brown; 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
6.A Minutes of the City Council October 2, 2024 regular meeting.
Motion to waive the reading of and approval to receive and file the City Council's minutes from the October 2, 2024 regular meeting.
241002.cc.min.draft.pdf
6.B Monthly Financial Reports April - June 2024
Motion to receive and file monthly financial reports for April - June 2024.
Fund Balances Report_2024_04.pdf
Cash Report US Bank April.pdf
Daily Cash Report US Bank April.pdf
Fund Balances Report_2024_05.pdf
Cash Report US Bank May.pdf
Daily Cash Report US Bank May.pdf
Fund Balances Report_2024_06.pdf
Cash Report US Bank June.pdf
Daily Cash Report US Bank June.pdf
Cash Report TriCounties Apr-June.pdf
Daily Cash Report TriCounties Apr-June.pdf
Income Statement 6.30.24.pdf
5 6.C Vendor and payroll warrants
Motion to receive and file
09-12-24.pdf
09-18-24.pdf
09-19-24.pdf
09-26-24.pdf
09-30-24.pdf
7. PUBLIC HEARINGS: No business.
8. COUNCIL DISCUSSION/ANNOUNCEMENTS: Council Member Bortle provided the land acknowledgement statement.
9. NEW BUSINESS:
9.A HdL Q2 (April - June) 2024 Reports
Tamra Spade, Economic Development Director, presented the reports from HdL noting a few highlights of the second quarter of 2024.
No comments or discussion.
Susanville 2Q24 Newsletter.pdf
CA Consensus Forecast 2Q 2024.pdf
9.B Consider Resolution No. 24-6372, supporting the Thanksgiving Turkey Trot event on Thursday, November 28, 2024, and approving the closure of Riverside Drive from Alexander Avenue to Fairfield Street from 7:30 AM to 10:00 AM
Erik Edholm, Assistant Director of Engineering, provided an explanation of the item and requested approval of Resolution No. 24-6372.
TurkeyTrotLetter2024.pdf
24-6372.pdf
Motion to approve Resolution No. 24-6372, supporting the Thanksgiving Turkey Trot event on Thursday, November 28, 2024, and approving the closure of Riverside Drive from Alexander Avenue to Fairfield Street from 7:30 AM to 10:00 AM
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
9.C Consider Ordinance No 24-1045, Amending Chapter 2, Sections 2.04.070 and 2.04.160(3)(b) of the city of Susanville Municipal Code related to the order of business and addressing the council.
Heidi Whitlock, City Clerk, provided an explanation of the item and requested the waiving of the first reading and introduction of Ordinance No. 24-1045. 24-1045 order of business & addressing council.pdf
6 Waive the first reading and introduce Ordinance No. 24-1045, Amending Chapter 2, Sections
2.04.070 and 2.04.160(3)(b) if the city of Susanville Municipal Code related to the order of business and addressing the council.
Moved by Patrick Parrish; 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
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
The department heads in attendance provided a brief update on the happenings within their departments.
14. FUTURE COUNCIL ITEMS:
14.A Future Council Items Possible direction to staff. No new items presented for consideration. 241016.FUTURE.ITEMS.LIST.pdf
15. ADJOURNMENT:
Moved by Curtis Bortle; seconded by Dawn Miller to adjourn at 5:22pm.
Motion Carried: 5 - 0
Voting For: Mendy Schuster, Russ Brown, Curtis Bortle, Patrick Parrish, Dawn Miller Voting Against: None
________________________________ __________________________________ Heidi Whitlock, City Clerk Mendy Schuster, Mayor
Approved on:
7 AGENDA ITEM NO. 6.B
Action Item
Submitted By: Jolene Arredondo, Administrative Services Action Date: November 6, 2024
SUBJECT: Consider Resolution No. 24-6371, approving and authorizing the Mayor execute a Memorandum of Understanding with the
Administrative Unit.
PRESENTED BY: Dan Newton, City Manager
SUMMARY:
The City of Susanville and representatives from the Administrative Bargaining Unit have negotiated a labor agreement according to the requirements of the Meyers-Milias-Brown Act for the period of July 1, 2024 through and including June 30, 2027. Changes from the existing agreement include the following (see attachment for full details):
Additions to MOU:
Longevity: 2.5% for 10 years of service, 2.5% for 15
years of service
COLA for each fiscal year dependent on CPI up to 3%
Reclassifications of Assistant to the City Manager and
Account Technician II positions - side letter forthcoming Additional incentives added to incentive list and increase of available incentives to obtain from 5% cap to 7.5% cap Modification of Pool Director's holidays to be holiday
bank
Increase of employee insurance contribution from
$46/month to $60/month
Modifications to position list to include incorporated ProTech Unit employees Removals from previous MOU:
$200 Flex Benefit
FISCAL IMPACT: Fiscal impacts are subject to the bargaining unit agreements determined by the negotiated terms of the Bargaining Unit as presented in the agreed upon MOU
ACTION REQUESTED: Motion to approve Resolution No. 24-6371, approving and authorizing the Mayor to execute a Memorandum of Understanding with the Administrative Unit.
SUSANVILLE CITY COUNCIL AGENDA ITEM
8 ATTACHMENTS:
24-6371.pdf
2024.27 ADMIN MOU FINAL.pdf
9 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. 24-6371
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE MEMORANDUM OF
UNDERSTANDING WITH THE ADMINISTRATIVE BARGAINING UNIT FOR JULY 1, 2024 THROUGH AND INCLUDING JUNE 30, 2027
WHEREAS, the City of Susanville and representatives from the Administrative bargaining unit have negotiated a labor agreement according to the requirements of the Meyers-MiliasBrown Act; and WHEREAS, the Bargaining Unit has ratified the respective agreement; 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 the Memorandum of Understanding with the Administrative bargaining unit for the period of July 1, 2024, through and including June 30, 2027, and further authorizes the Finance Director to modify the budget as necessary to accommodate the negotiated parameters of the Memorandum of Understanding for the Administrative Unit employees.
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 6th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
10 MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SUSANVILLE
AND THE
ADMINISTRATIVE UNIT EMPLOYEES
July 1, 2024 through and including June 30, 2027
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Table of Contents
1. INTRODUCTION ................................................................................................................................................ 3
2. EMPLOYEE RIGHTS............................................................................................................................................ 3
3. CITY RIGHTS ...................................................................................................................................................... 3
4. NONDISCRIMINATION ...................................................................................................................................... 4
5. UNIT RECOGNITION.......................................................................................................................................... 4
6. SALARY SCALE, MERIT STEP, CAREER DEVELOPMENT...................................................................................... 4
7. LONGEVITY ....................................................................................................................................................... 6
8. RETIREMENT..................................................................................................................................................... 6
9. WORK SCHEDULE.............................................................................................................................................. 6
10. HOLIDAYS, VACATION AND SICK LEAVE............................................................................................................ 7
11. ADMINISTRATIVE LEAVE/ SUPPLEMENTAL ADMINISTRATIVE LEAVE............................................................... 8
12. OVERTIME......................................................................................................................................................... 8
13. MILITARY LEAVE ............................................................................................................................................... 9
14. JURY DUTY ........................................................................................................................................................ 9
15. FAMILY ILLNESS OR INJURY LEAVE ................................................................................................................... 9
16. BEREAVEMENT LEAVE ...................................................................................................................................... 9
17. LAY-OFF POLICY ..............................................................................................................................................10
18. HEALTH, DENTAL AND VISION INSURANCE ....................................................................................................10
19. LIFE INSURANCE..............................................................................................................................................10
20. IRS SECTION 125 PLAN; DEFERRED COMPENSATION.....................................................................................11
21. UNIFORMS......................................................................................................................................................11
22. MILEAGE REIMBURSEMENT ...........................................................................................................................11
23. MISCELLANEOUS ............................................................................................................................................12
24. PAST PRACTICES .............................................................................................................................................12
25. GRIEVANCE/DISCIPLINE PROCEDURES ...........................................................................................................12
26. SOLE AGREEMENT ..........................................................................................................................................13
27. RESIDENCY POLICY..........................................................................................................................................13
28. SAVINGS CLAUSE ............................................................................................................................................13
29. TERM OF THE MEMORANDUM OF UNDERSTANDING ...................................................................................13
30. SIGNATURES ...................................................................................................................................................14 EXHIBIT “A” Position List..............................................................................................................................................15 EXHIBIT “B” July 1, 2024 through and including June 30, 2025 Bi-Weekly Salary Matrix ...........................................18 EXHIBIT “C” Residency Policy.......................................................................................................................................19 EXHIBIT “D” Incentive List............................................................................................................................................21 12 3
1. INTRODUCTION
The CITY of Susanville, hereinafter called the CITY, and the Administrative Employees, having met and conferred in good faith, have entered into this Memorandum of Understanding (MOU) establishing wages, hours, and other terms and conditions of employment.
The purpose of the Memorandum of Understanding is to promote harmonious relations between the CITY and the employees covered herein so as to promote employer-employee relations by providing a written document enumerating the entire agreement between the employer and the employees pursuant to the purpose and intent of California Government Code Section §3500.
2. EMPLOYEE RIGHTS
Employees of the CITY have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employeremployee relations within the scope of representation. Employees of the CITY shall also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the CITY.
3. CITY RIGHTS
The CITY retains the right, subject to and in accordance with applicable laws and the provisions of the MOU:
A. To direct employees in the performance of their duties.
B. To hire, promote, transfer, assign, and discipline employees.
C. To dismiss employees because of lack of work, or in accordance with applicable provisions of the CITY’s personnel ordinance and Personnel Policies and Procedures adopted by the City Council.
D. To determine the mission of its divisions and departments, and its budget, organization, number of employees, and the numbers, types, classifications, descriptions, and grades of positions or employees assigned to an organizational unit, work project shift, or tour of duty, and the methods and technology of performing its work.
E. To take whatever action may be appropriate to carry out its mission in situations of emergency.
F. To direct personnel based upon CITY Personnel Policies and Procedures adopted by the City Council where deemed applicable by the City Council.
G. In addition, the CITY specifically retains all the rights, subject to the provisions of this MOU, to take whatever actions and set whatever policies it deems necessary, with appropriate notification to UNIT employees.
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H. This section will not operate to deny any employee rights guaranteed by applicable law, including the Meyers-Milias-Brown Act.
4. NONDISCRIMINATION
The CITY and the Administrative Employees agree not to discriminate against any employee in accordance with applicable law. Also, it is recognized that whenever the masculine gender is referred to in this MOU, it shall include the female gender and vice versa.
5. UNIT RECOGNITION
The CITY agrees to acknowledge the UNIT as the only recognized employee organization representing the Administrative employees and shall consist of all full-time, regular or probationary employees of the CITY listed in Exhibit “A” of this MOU.
6. SALARY SCALE, MERIT STEP, CAREER DEVELOPMENT
A. Pay periods will conform to 26 bi-weekly pay periods within a full year with pay day occurring every other Friday.
B. Salaries:
The Administrative Unit employees will receive an annual salary matrix adjustment based on the annual Consumer Price Index (CPI) percent increase as reported by the US Bureau of Labor Statistics Consumer Price Index for all Urban Consumers (CPI-U) for the West Area as described below. The maximum salary matrix increase per fiscal year will be
3.00%. The CPI increase will be applied to the previous year's adopted salary matrix, ensuring that each new matrix reflects the adjustment over the prior year. The revised salary matrix for each year will be memorialized by resolution of the city council prior to June 30 for effective change occurring each July 1 of this agreement.as follows:
• For the period starting July 1, 2024, through June 30, 2025, the global salary matrix is as depicted in Exhibit “B”.
• For the period starting July 1, 2025, through June 30, 2026, the annual average CPI for calendar year 2024 will be subtracted from the annual average CPI for calendar year 2023 and the difference will be divided by the annual average CPI for calendar year 2023 to determine the percent increase rounded up to the nearest one-hundredth of a decimal point.
• For the period starting July 1, 2026, through June 30, 2027, the annual average CPI for calendar year 2025 will be subtracted from the annual average CPI for calendar year 2024 and the difference will be divided by the annual average CPI for calendar year 2024 to determine the percent increase rounded up to the nearest one-hundredth of a decimal point.
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C. Merit Steps:
Effective July 1, 2021, when an employee has been at one Step (A-G) for twelve (12) months of service, he/she may, according to merit, progress to the next highest step (B-H).
Merit increases will not be automatic and will be based upon merit as evidenced by a performance evaluation. (Meets Job Standards) Merit increases will be limited to one per fiscal year. Exceptions are granted for employees who are receiving a merit step upon completion of an introductory period, in those instances, employees remain eligible for merit increases upon 6 months of service, pursuant to the employee manual. Merit steps start at Step A and end at Step H.
D. The compensation listed in Exhibit “B” of the City of Susanville Global Range and Step Matrix shall constitute entire compensation for July 1, 2024, through and including June 30, 2025, except as provided within this Agreement.
E. Administrative Employees whose positions are exempt from the requirements of the Fair Labor Standards Act are not eligible for standby pay, call back pay, overtime pay, or any other form of overtime compensation unless expressly authorized by the City Manager.
F. Where there is a continuing education program approved by the City Manager the CITY shall pay the cost of books, tuition, fees, mileage and per diem expenses to complete the program as allowed by budget.
G. S.D.I.:
The CITY will pay the State Disability Insurance for the employees of this UNIT.
H. Incentives:
Effective July 1, 2024, employees who have acquired and maintained any of the certificates, licenses, or degrees indicated in Exhibit “D”, will be eligible to receive a permanent pay increase, over and above the base pay for the classification shown in the position list as represented in Administrative Unit Salary Matrix. An employee whose job description already requires a particular certification, degree or license is not eligible to receive an incentive level increase for that certification, degree, or license.
Employees of this UNIT are eligible to receive a maximum of 7.5% increase above the base pay of the position’s classification shown in the current position list. UNIT members may combine incentives to meet or exceed a 7.5% increase, however the maximum professional incentive pay increase will be 7.5% above the position base pay. Employees licensed as a professional engineer or professional land survey will receive a 10% pay increase on top of any other incentives earned, 7.5% cap notwithstanding.
Employees who wish to obtain incentives listed in this MOU must be recommended to do so upon written recommendation from the position’s Department Head and approval of the City Manager. Exhibit “D” lists eligible incentives and notates the maximum number of UNIT members who may obtain the incentives. Copies of all incentives must be furnished to the City Clerk upon completion for record keeping. The CITY is not required to but may pay for costs of books, tuition/registration, fees, mileage, wages and per diem expenses to 15 6
obtain incentives subject to terms and conditions as approved by the City Manager. The City Manager shall not authorize employee compensation for an incentive or authorize the use of CITY resources to obtain an incentive if individual incentive caps are reached.
I. Truly Superior Employee Performance Stipend
Effective upon date of ratification of this MOU, if an employee of this UNIT has exhausted steps in the salary matrix (A-H) and has demonstrated truly superior employee performance as evidenced in an annual employee evaluation they may, according to merit, be granted an amount of $2,500 annually. Such a stipend is not subject to retirement credit but is subject to taxation.
Truly superior employee performance is demonstrated as defined in the city’s Employee Evaluation Policy.
7. LONGEVITY
Effective upon City Council approval of this MOU, employees’ base salary will be increased based on longevity as follows:
• 2.5% at 10 years of service
• 2.5% at 15 years of service
Each longevity increase increment of 2.5% is achieved by providing the members of this UNIT with a salary matrix range increase. Each range in the salary matrix is 2.5% higher than the previous range.
8. RETIREMENT
A. For Legacy Employees as defined by the California Public Employee’s Pension Reform Act (PEPRA) of 2013, the CITY shall pay the employer’s share and the employee shall pay the employee’s 8% share of the existing retirement program of 3% at 60, single highest year, with California Public Employees Retirement System for Legacy employees.
B. New Employees as defined by the CalPERS hired after January 1, 2013 will be subject to the mandatory provisions of AB340 / PEPRA.
Non-safety employees 2% at 62
Safety employees 2.7% at 57
9. WORK SCHEDULE
A. The Exempt Administrative Unit Employees covered by this MOU generally work from 8:00 a.m. to 5:00 p.m. or the hours worked by employees within the respective departments, plus any additional hours associated with required meetings, emergencies, and other requirements of the position.
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B. The Nonexempt employees covered by the MOU shall have a workweek that begins at midnight Saturday and ends at midnight the following Friday. Nonexempt Administrative Unit Employees covered by this MOU generally work from 8:00 a.m. to 5:00 p.m. or the hours worked by employees within the respective departments, plus any additional hours associated with required meetings, emergencies, and other requirements of the position.
Nonexempt Employees shall be normally scheduled for two consecutive days off. A 40- hour work week shall constitute a regular work schedule for this UNIT unless the needs of the CITY require an alteration of the schedule because of emergencies, program or staffing needs, budgetary reasons or in order to accommodate temporary schedule adjustments.
Normally the work week for Nonexempt Administrative Unit Employees shall be Monday through Friday, with a 60-minute lunch break. The needs of the CITY will be paramount when making assignments under the 40-hour work week.
10. HOLIDAYS, VACATION AND SICK LEAVE
Employees in this UNIT shall earn annual vacation credit accrued per pay period as specified below:
0-1 years 3.69 hours
1-5 years 4.62 hours
5-10 years 5.23 hours
10-15 years 6.15 hours
15-20 years 7.69 hours
20 + years 9.23 hours
A. Vacation credit will vest and become available for use upon the successful completion of the probationary period for any new employees within the UNIT. Accrued vacation time may be used during the probationary period, subject to the approval of the City Manager on a case-by-case basis.
B. Maximum vacation accrual shall be 240 hours The City Manager may authorize increasing the maximum accrual for a defined period of time if the excess accrual was created because the City Manager cancelled an employee’s scheduled vacation due to a CITY emergency.
Any vacation hours accrued over 240 hours shall be bought back by the City at fifty percent of employee’s base salary during December.
C. Employees within this UNIT will accrue 4 hours of sick or accident allowance for each full pay period of employment, up to a total of 104 hours allowance per calendar year, unlimited accumulation.
D. Pool Director Holiday Leave
A holiday leave bank will be established for the Pool Director on July 1 of each fiscal year and will include 14 holidays. The Pool Director will be required to use holiday leave on 17 8
the holiday, if not working. This holiday leave bank cannot be cashed out or rolled over across fiscal years. The Pool Director position is not granted an additional personal holiday.
11. ADMINISTRATIVE LEAVE/ SUPPLEMENTAL ADMINISTRATIVE LEAVE Exempt Members of the UNIT shall receive 60 hours Administrative Leave per fiscal year in addition to vacation leave. Such leave shall be credited July 1 of each year. Administrative Leave will be made available from the time of hire, at 15 hours credited for each three-month period remaining in the fiscal year that the employee is hired and prorated for the first three-month period.
Administrative Leave is made available in recognition of employee’s responsibility to perform functions after normal business hours. Administrative Leave may not accrue, and any unused leave will extinguish as of June 30 of each year. UNIT members may sell up to thirty (30) hours of unused Administrative Leave back to the CITY during December’s special payroll, and up to thirty (30) hours of unused Administrative Leave back to the City in June’s special payroll. This benefit is not available to an employee who has not successfully completed their introductory period.
Non-exempt members shall not receive Administrative Leave.
Supplemental Administrative Leave:
Each employee of the UNIT shall receive eight (8) hours of supplemental administrative leave each fiscal year to be paid at their current hourly rate of pay. Employees may roll over unused Supplemental Administrative Leave up to twenty-four (24) hours; Supplemental Administrative Leave may not be cashed out at any time.
12. OVERTIME
A. The CITY agrees that all hours worked by Non-exempt employees in excess of forty (40) hours per week, or on non-regular scheduled workdays shall be compensated for at a rate of 1.5 times the regular rate of pay. The CITY shall grant either pay or overtime, pursuant to Section 11A of this MOU, or compensatory time off at the rate of 1.5 times the number of overtime hours worked. It shall be the employee’s option to select monetary compensation or compensating time off, except in circumstances where the CITY will be reimbursed for the employee’s overtime only if the employee receives monetary compensation for the overtime hours worked. In these circumstances the employee will receive monetary compensation.
B. The assignment of overtime will be at the CITY’S sole discretion and scheduled by supervisory personnel. However, the CITY shall endeavor to select among those employees who are qualified, those individuals who wish to work overtime, and when reasonably possible, to schedule such overtime work in advance. When an employee cannot work unscheduled overtime, for whatever reason, such action will not be considered insubordination, and no other sanctions will be imposed on the employee.
C. The CITY shall have the right to require employees to work whenever necessary.
D. The City shall grant either pay or overtime, pursuant to Section 13.A of this MOU, or compensatory time off at the rate of 1.5 times the number of overtime hours worked. It 18 9
shall be the employee’s option to select monetary compensation or compensating time off, except in circumstances where the City will be reimbursed for the employee’s overtime only if the employee receives monetary compensation for the overtime hours worked. In these circumstances the employee will receive monetary compensation.
E. No employee shall accrue more than 120 hours of compensatory time off. Employees with more than 120 hours at the time of this change shall be allowed to keep those hours in this time bank until they fall below 120 hours, at which time they could not bank hours over the 120-hour limit. Employee may request a monetary compensation payment of up to 40 hours twice a year for a total of 80 hours per fiscal year to be issued by separate check.
Such check(s) may only be issued within the months of December and June.
F. An employee who is called in to work (non-scheduled overtime) and at least one (1) hour after clocking out shall receive a minimum of two hours at 1.5 times the regular rate of pay.
G. An employee who works more than ten consecutive hours shall receive a meal allowance of $13.50.
H. This section shall not apply to Exempt Members.
13. MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of state and federal law. All employees entitled to military leave shall give the City Manager and/or the City Manager’s authorized representative an opportunity, within the limits of military regulations, to determine when such leave shall be taken.
14. JURY DUTY
While serving on jury duty, employees will still be paid by the CITY on the basis of a forty-hour week, at their normal rate of pay, on condition that any compensation in excess of mileage expenses received from the court be turned over to the CITY.
15. FAMILY ILLNESS OR INJURY LEAVE
Family Leave provisions are outlined in the Employee Manual dated June 1, 2001.
16. BEREAVEMENT LEAVE
Bereavement Leave shall be granted according to the provisions of the Employee Manual dated June 1, 2001.
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17. LAY-OFF POLICY
It is recognized by the UNIT that, when due to fiscal, operational or organizational reasons, it is necessary to reduce CITY employment, such action and its implementation, except as qualified herein, shall be at the sole discretion of the CITY. When it is deemed necessary to reduce CITY employment by layoff of employees or elimination of job positions/titles, the CITY shall give the employee a minimum of three-month notice and severance pay including all previous benefits for said three-month period. This benefit is not available to an employee who has not successfully completed his/her introductory period.
A. The CITY shall have the sole right to determine which class or classes shall be subject to layoff.
B. Employees laid off, or demoted in lieu of layoff, shall have a priority right of return to their prior class. This right shall remain effective for one year from the date of demotion or separation from service.
18. HEALTH, DENTAL AND VISION INSURANCE
A. Effective July 1, 2013, the City shall pay the cost of health, dental and vision insurance premium for each unit member covered under this MOU.
Effective the first full pay period of January 2025, each unit member shall contribute $60 per month towards the current plan premium.
The CITY will continue to research options for the best cost-effective coverage, at its discretion. The CITY reserves the right to select, change, administer and shall have the right to select any carrier or other method providing coverage to fund the benefits and may adjust the amount the CITY shall pay for such benefits. If the insurance provider is changed and the cost is less than $1018 per month per employee, the CITY shall cap the amount of its contribution to an amount not less than 100 percent of the cost of the new plan.
Retirees will be eligible to purchase health insurance under the above plan with no vesting requirement if allowed by the plan. A credit of 50% of accumulated sick leave at time of retirement, will be paid out per month towards 50% of premium, subject to CalPERS regulations. The amount of sick leave credit that could be credited toward retiree health insurance benefits will be capped at $15,000.00.
19. LIFE INSURANCE
The CITY will provide $50,000 of group life insurance for each employee of this UNIT at no cost to the employee.
20 11
20. IRS SECTION 125 PLAN; DEFERRED COMPENSATION
A. The CITY has established an IRS Section 125 Plan for use by employees.
B. The CITY will contribute $25 per pay period as a contribution to an employee’s Section 125 plan; or
C. The City shall match up to two percent of the employee’s gross salary in a deferred compensation plan with a maximum contribution of $25 per pay period.
21. UNIFORMS
Effective July 1, 2023, employees of this UNIT will no longer receive a uniform allowance; uniforms will be purchased directly by the city. The Police Department Budget will include, annually, an amount of $800.00 to purchase uniforms for the Police Department' Administrative Assistant. The Building Official upon appointment may receive a uniform allowance by reimbursement up to $800 in year one. The Pool Director may receive a uniform allowance reimbursement up to $300 annually.
22. MILEAGE REIMBURSEMENT
Effective January 1, 2023 a mileage reimbursement will be allotted for members of this UNIT who utilize privately owned vehicles for city business and accrue over 20 miles per month; excluding traveling to and from work. This reimbursement is independent of planned travel requests and is intended to reimburse members of this UNIT for the maintenance and operable use of personal vehicles. To qualify for mileage reimbursements, employees must possess a valid California Driver’s License, certify that the required liability insurance limits as set forth by the CITY’s risk manager are met; employee automobile is equipped with seatbelts; and that any damage to the car, needed service, or repairs are the responsibility of the employee. Department Heads must initially authorize the use of personal vehicle for each unit member in writing, on City Manager approved form, and renew authorization each year in January, thereafter.
Employees of this UNIT shall submit copies of insurance in amounts required by city to be kept on file with the City Clerk annually or as employee’s policies are issued. Employees of this UNIT agree to utilize available CITY vehicles, when possible, prior to utilization of personal vehicles.
Employees of this UNIT will track mileage utilizing City Manager approved Mileage Log and will calculate rates based on Internal Revenue Service (IRS) Standard Mileage Rates Employees will keep a monthly log and submit Mileage Log to Department Head for approval and signature with supporting documentation of IRS Standard Mileage Rate. Mileage Logs will be submitted to the Finance Division for reimbursement processing and will be processed quarterly (March 31, June 30, September 30, and December 31).
21 12
23. MISCELLANEOUS
A. Reclassifications:
a. The UNIT agrees that the Account Technician II position in the finance department will be moved into the UNIT and reclassified. The CITY and UNIT will execute details of the position including position title and salary range through the Meet and Confer process and will ratify changes with a Side Letter to the MOU. b. The Assistant to the City Manager position will be reclassified as Deputy City Manager. The CITY will execute details of the position including position salary range through the Meet and Confer process with the UNIT and will ratify changes with a Side Letter to the MOU.
B. Air Pollution Control Officer Appointment
The Assistant Director of Engineering, when appointed as the Air Pollution Control Officer (APCO) by the Lassen County Air Pollution Control District will be compensated at the pay ranges as depicted in Exhibit A, Pursuant to the licensing requirements as depicted Assistant Director Engineering job description. The appointment of the APCO is made by the governing board of the Air Pollution Control District, per the agreement between the city of Susanville and the Lassen County Air Pollution Control District, the Air District elects to remove the appointment, the compensation for Assistant Director Engineering will revert to the appropriate pay range based on licensing as specified above.
C. Effective upon ratification of this MOU, modifications to the job descriptions of the Assistant Director – Engineering, and Assistant Director – Operations will be made to accommodate increased incentives for professional engineer license or professional land survey license. Modifications to the job descriptions will include removing the 5% increase for professional engineer license or professional land surveyor license from job description and including 10% incentive for obtaining either incentive. The Air Quality Specialist is not eligible for the 10% incentive for obtaining either incentive.
24. PAST PRACTICES
Nothing contained in this MOU shall be interpreted as to imply or permit the invocation of past practices, tradition, accumulations or vesting of any employee rights or privileges other than those expressly stated herein.
The CITY and the UNIT agree that only those past practices, standards, obligations and/or other commitments of the CITY to its employees which are expressly stated herein shall be in full force and effect during the term of this MOU.
All other past practices, standards, obligations or commitments, whether written or unwritten, are within the scope of Section 3 of this MOU.
25. GRIEVANCE/DISCIPLINE PROCEDURES
The CITY and UNIT will follow the approved procedures as outlined in the City of Susanville Employee Manual.
22 13
26. SOLE AGREEMENT
A. The policies which are collected in this MOU constitute the entirety of the policies which are subject to the meet and confer obligation as agreed to by the parties. To the extent that any other agreement should be in conflict with these policies, these policies shall prevail.
B. If, during its term, the parties hereto should mutually agree to modify, amend, or alter the provisions of the MOU in any respect, any such change shall be effective only, if and when reduced to writing and executed by the authorized representative of the CITY and the UNIT. Any such changes validly made shall become a part of this MOU and subject to its terms.
27. RESIDENCY POLICY
The CITY and UNIT agree that the Residency Policy is applicable to UNIT members identified in the policy and hired after January 1, 2020, as shown is Exhibit “C”.
28. SAVINGS CLAUSE
In the event that any of the policies contained in this MOU should be declared by a court of competent jurisdiction to be unenforceable or illegal, that policy, or set of policies, shall be declared void.
However, this action shall in no way invalidate the remaining policies contained in this MOU.
Should a policy within the MOU become void as outlined above, either the CITY or the UNIT may institute the meet and confer process in regard to instituting a substitute item.
29. TERM OF THE MEMORANDUM OF UNDERSTANDING
This MOU shall remain in effect for the period of July 1, 2024 through and including June 30, 2027, or until a successor MOU is reached, unless a specific provision provides for a different commencement and/or termination date. This MOU has been ratified by both the CITY and UNIT.
Dated this 6th day of November 2024.
23 14
30. SIGNATURES
CITY OF SUSANVILLE ADMINISTRATIVE UNIT
__________________________________ ________________________________ Mendy Schuster, Mayor Erik Edholm, UNIT Representative
__________________________________ ________________________________ Dan Newton, City Manager Victoria Estrada, UNIT Representative ATTEST:
__________________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:
___________________________________
Margaret Long, City Attorney
24 15
EXHIBIT “A” Position List
Administrative Confidential Employees
Position Classification Schedule
July 1, 2024 through June 30, 2027
EXEMPT POSITIONS Matrix Range Longevity 10 year
(2.5%)
Longevity 15 year
(2.5%)
Assistant Director – Engineering
Base
Incentive Level I
Incentive Level II
Incentive Level III
PE or LS OR BA/BS
Incentive Level I
Incentive Level II
Incentive Level III
PE or LS AND BA/BS
Incentive Level I
Incentive Level II
Incentive Level III
*Range if appointed as Air
Pollution Control Officer
154 / 158*
155 / 159*
156 / 160*
157 / 161*
156 / 160*
157 / 161*
158 / 162*
159 / 163*
158 / 162*
159 / 163*
160 / 164*
161 / 165*
155 / 159*
156 / 160*
157 / 161*
158 / 162*
157 / 161*
158 / 162*
159 / 163*
160 / 164*
159 / 163*
160 / 164*
161 / 165*
162 / 166*
156 / 160*
157 / 161*
158 / 162*
159 / 163*
158 / 162*
159 / 163*
160 / 164*
161 / 165*
160 / 164*
161 / 165*
162 / 166*
163 / 167*
Assistant Director – Operations
Base
Incentive Level I
Incentive Level II
Incentive Level III
PE or LS OR BA/BS
Incentive Level I
Incentive Level II
Incentive Level III
PE or LS AND BA/BS
Incentive Level I
Incentive Level II
Incentive Level III
154
155
156
157
156
157
158
159
158
159
160
161
155
156
157
158
157
158
159
160
159
160
161
162
156
157
158
159
158
159
160
161
160
161
162
163
Building Official
Base
Incentive Level I
Incentive Level II
Incentive Level III
152
153
154
155
153
154
155
156
154
155
156
157
25 16
EXEMPT POSITIONS (cont.) Matrix Range Longevity 10 year (2.5%)
Longevity 15 year
(2.5%)
Administrative Assistant –
Police Department
Base
Incentive Level I
Incentive Level II
Incentive Level III
142
143
144
145
143
144
145
146
144
145
146
147
Deputy City Manager
Base
Incentive Level I
Incentive Level II
Incentive Level III
*subject to change with
reclassification of position
148*
149*
150*
151*
149*
150*
151*
152*
150*
151*
152*
153*
Pool Director
Base
Incentive Level I
Incentive Level II
Incentive Level III
138
139
140
141
139
140
141
142
140
141
142
143
NON-EXEMPT POSITIONS Matrix Range Longevity 10 year
(2.5%)
Longevity 15 year
(2.5%)
Air Quality Specialist
Base
Incentive Level I
Incentive Level II
Incentive Level III
Engineer-in-Training
Incentive Level I
Incentive Level II
Incentive Level III
PE or LS
Incentive Level I
Incentive Level II
Incentive Level III
140
141
142
143
144
145
146
147
150
151
152
153
141
142
143
144
145
146
147
148
151
152
153
154
142
143
144
145
146
147
148
149
152
153
154
155
Assistant City Engineer
Base
Incentive Level I
Incentive Level II
Incentive Level III
140
141
142
143
141
142
143
144
142
143
144
145
Permit Technician
Base
Incentive Level I
Incentive Level II
Incentive Level III
140
141
142
143
141
142
143
144
142
143
144
145
26 17
NON-EXEMPT POSITIONS
(cont.)
Matrix Range Longevity 10 year
(2.5%)
Longevity 15 year
(2.5%)
Program Coordinator
Base
Incentive Level I
Incentive Level II
Incentive Level III
138
139
140
141
139
140
141
142
140
141
142
143
Code Enforcement Officer
Base
Incentive Level I
Incentive Level II
Incentive Level III
136
137
138
139
137
138
139
140
138
139
140
141
27 STEP STEP STEP STEP STEP STEP STEP STEP
ABCDEFGH
101 802.17 842.27 884.39 928.61 975.04 1023.79 1074.98 1128.73 102 822.22 863.33 906.50 951.82 999.41 1049.38 1101.85 1156.95 103 842.78 884.91 929.16 975.62 1024.40 1075.62 1129.40 1185.87 104 863.84 907.04 952.39 1000.01 1050.01 1102.51 1157.63 1215.52 105 885.44 929.71 976.20 1025.01 1076.26 1130.07 1186.58 1245.90 106 907.58 952.96 1000.60 1050.63 1103.17 1158.32 1216.24 1277.05 107 930.27 976.78 1025.62 1076.90 1130.74 1187.28 1246.65 1308.98 108 953.52 1001.20 1051.26 1103.82 1159.01 1216.96 1277.81 1341.70 109 977.36 1026.23 1077.54 1131.42 1187.99 1247.39 1309.76 1375.24 110 1001.79 1051.88 1104.48 1159.70 1217.69 1278.57 1342.50 1409.63 111 1026.84 1078.18 1132.09 1188.70 1248.13 1310.54 1376.06 1444.87 112 1052.51 1105.14 1160.39 1218.41 1279.33 1343.30 1410.47 1480.99 113 1078.82 1132.76 1189.40 1248.87 1311.32 1376.88 1445.73 1518.01 114 1105.79 1161.08 1219.14 1280.09 1344.10 1411.30 1481.87 1555.96 115 1133.44 1190.11 1249.62 1312.10 1377.70 1446.59 1518.92 1594.86 116 1161.78 1219.86 1280.86 1344.90 1412.14 1482.75 1556.89 1634.73 117 1190.82 1250.36 1312.88 1378.52 1447.45 1519.82 1595.81 1675.60 118 1220.59 1281.62 1345.70 1412.99 1483.63 1557.82 1635.71 1717.49 119 1251.10 1313.66 1379.34 1448.31 1520.73 1596.76 1676.60 1760.43 120 1282.38 1346.50 1413.83 1484.52 1558.74 1636.68 1718.51 1804.44 121 1314.44 1380.16 1449.17 1521.63 1597.71 1677.60 1761.48 1849.55 122 1347.30 1414.67 1485.40 1559.67 1637.66 1719.54 1805.51 1895.79 123 1380.99 1450.03 1522.54 1598.66 1678.60 1762.53 1850.65 1943.19 124 1415.51 1486.29 1560.60 1638.63 1720.56 1806.59 1896.92 1991.76 125 1450.90 1523.44 1599.61 1679.60 1763.58 1851.75 1944.34 2041.56 126 1487.17 1561.53 1639.61 1721.59 1807.66 1898.05 1992.95 2092.60 127 1524.35 1600.57 1680.60 1764.63 1852.86 1945.50 2042.77 2144.91 128 1562.46 1640.58 1722.61 1808.74 1899.18 1994.14 2093.84 2198.54 129 1601.52 1681.60 1765.68 1853.96 1946.66 2043.99 2146.19 2253.50 130 1641.56 1723.64 1809.82 1900.31 1995.32 2095.09 2199.84 2309.84 131 1682.60 1766.73 1855.06 1947.82 2045.21 2147.47 2254.84 2367.58 132 1724.66 1810.89 1901.44 1996.51 2096.34 2201.15 2311.21 2426.77 133 1767.78 1856.17 1948.98 2046.42 2148.75 2256.18 2368.99 2487.44 134 1811.97 1902.57 1997.70 2097.58 2202.46 2312.59 2428.22 2549.63 135 1857.27 1950.14 2047.64 2150.02 2257.53 2370.40 2488.92 2613.37 136 1903.70 1998.89 2098.83 2203.77 2313.96 2429.66 2551.14 2678.70 137 1951.30 2048.86 2151.30 2258.87 2371.81 2490.40 2614.92 2745.67 138 2000.08 2100.08 2205.09 2315.34 2431.11 2552.66 2680.30 2814.31 139 2050.08 2152.58 2260.21 2373.22 2491.89 2616.48 2747.30 2884.67 140 2101.33 2206.40 2316.72 2432.56 2554.18 2681.89 2815.99 2956.79 141 2153.87 2261.56 2374.64 2493.37 2618.04 2748.94 2886.39 3030.71 142 2207.71 2318.10 2434.00 2555.70 2683.49 2817.66 2958.55 3106.47 143 2262.91 2376.05 2494.85 2619.60 2750.58 2888.10 3032.51 3184.14 144 2319.48 2435.45 2557.22 2685.09 2819.34 2960.31 3108.32 3263.74 145 2377.46 2496.34 2621.16 2752.21 2889.82 3034.31 3186.03 3345.33 146 2436.90 2558.75 2686.68 2821.02 2962.07 3110.17 3265.68 3428.97 147 2497.82 2622.72 2753.85 2891.54 3036.12 3187.93 3347.32 3514.69 148 2560.27 2688.28 2822.70 2963.83 3112.02 3267.63 3431.01 3602.56 149 2624.28 2755.49 2893.26 3037.93 3189.82 3349.32 3516.78 3692.62 150 2689.88 2824.38 2965.60 3113.88 3269.57 3433.05 3604.70 3784.94 151 2757.13 2894.99 3039.74 3191.72 3351.31 3518.87 3694.82 3879.56 152 2826.06 2967.36 3115.73 3271.52 3435.09 3606.85 3787.19 3976.55 153 2896.71 3041.55 3193.62 3353.30 3520.97 3697.02 3881.87 4075.96 154 2969.13 3117.58 3273.46 3437.14 3608.99 3789.44 3978.92 4177.86 155 3043.36 3195.52 3355.30 3523.07 3699.22 3884.18 4078.39 4282.31 156 3119.44 3275.41 3439.18 3611.14 3791.70 3981.28 4180.35 4389.37 157 3197.43 3357.30 3525.16 3701.42 3886.49 4080.82 4284.86 4499.10 158 3277.36 3441.23 3613.29 3793.96 3983.65 4182.84 4391.98 4611.58 159 3359.30 3527.26 3703.62 3888.80 4083.24 4287.41 4501.78 4726.87 160 3443.28 3615.44 3796.21 3986.02 4185.33 4394.59 4614.32 4845.04 161 3529.36 3705.83 3891.12 4085.68 4289.96 4504.46 4729.68 4966.16 162 3617.59 3798.47 3988.40 4187.82 4397.21 4617.07 4847.92 5090.32 163 3708.03 3893.44 4088.11 4292.51 4507.14 4732.50 4969.12 5217.58 164 3800.73 3990.77 4190.31 4399.83 4619.82 4850.81 5093.35 5348.02 165 3895.75 4090.54 4295.07 4509.82 4735.31 4972.08 5220.68 5481.72 166 3993.15 4192.80 4402.44 4622.57 4853.70 5096.38 5351.20 5618.76 167 4092.98 4297.62 4512.51 4738.13 4975.04 5223.79 5484.98 5759.23 168 4195.30 4405.07 4625.32 4856.58 5099.41 5354.38 5622.10 5903.21 169 4300.18 4515.19 4740.95 4978.00 5226.90 5488.24 5762.66 6050.79 170 4407.69 4628.07 4859.48 5102.45 5357.57 5625.45 5906.72 6202.06 171 4517.88 4743.77 4980.96 5230.01 5491.51 5766.09 6054.39 6357.11 172 4630.83 4862.37 5105.49 5360.76 5628.80 5910.24 6205.75 6516.04 173 4746.60 4983.93 5233.12 5494.78 5769.52 6057.99 6360.89 6678.94 174 4865.26 5108.52 5363.95 5632.15 5913.76 6209.44 6519.92 6845.91 175 4986.89 5236.24 5498.05 5772.95 6061.60 6364.68 6682.91 7017.06 176 5111.57 5367.14 5635.50 5917.28 6213.14 6523.80 6849.99 7192.49 177 5239.35 5501.32 5776.39 6065.21 6368.47 6686.89 7021.24 7372.30 178 5370.34 5638.86 5920.80 6216.84 6527.68 6854.06 7196.77 7556.61 179 5504.60 5779.83 6068.82 6372.26 6690.87 7025.42 7376.69 7745.52 180 5642.21 5924.32 6220.54 6531.57 6858.14 7201.05 7561.10 7939.16 181 5783.27 6072.43 6376.05 6694.86 7029.60 7381.08 7750.13 8137.64 182 5927.85 6224.24 6535.45 6862.23 7205.34 7565.60 7943.88 8341.08 183 6076.05 6379.85 6698.84 7033.78 7385.47 7754.74 8142.48 8549.61 184 6227.95 6539.34 6866.31 7209.63 7570.11 7948.61 8346.04 8763.35 185 6383.65 6702.83 7037.97 7389.87 7759.36 8147.33 8554.70 8982.43 186 6543.24 6870.40 7213.92 7574.61 7953.34 8351.01 8768.56 9206.99 187 6706.82 7042.16 7394.27 7763.98 8152.18 8559.79 8987.78 9437.17 188 6874.49 7218.21 7579.12 7958.08 8355.98 8773.78 9212.47 9673.09 189 7046.35 7398.67 7768.60 8157.03 8564.88 8993.13 9442.78 9914.92 190 7222.51 7583.63 7962.82 8360.96 8779.00 9217.95 9678.85 10162.79 191 7403.07 7773.22 8161.89 8569.98 8998.48 9448.40 9920.82 10416.86 192 7588.15 7967.56 8365.93 8784.23 9223.44 9684.61 10168.84 10677.29 193 7777.85 8166.74 8575.08 9003.84 9454.03 9926.73 10423.07 10944.22 194 7972.30 8370.91 8789.46 9228.93 9690.38 10174.90 10683.64 11217.82 195 8171.61 8580.19 9009.20 9459.65 9932.64 10429.27 10950.73 11498.27 196 8375.90 8794.69 9234.42 9696.15 10180.95 10690.00 11224.50 11785.73 197 8585.29 9014.56 9465.29 9938.55 10435.48 10957.25 11505.11 12080.37 198 8799.93 9239.92 9701.92 10187.01 10696.36 11231.18 11792.74 12382.38 199 9019.92 9470.92 9944.47 10441.69 10963.77 11511.96 12087.56 12691.94 200 9245.42 9707.69 10193.08 10702.73 11237.87 11799.76 12389.75 13009.24
EXHIBIT B
CITY OF SUSANVILLE GLOBAL RANGE AND STEP MATRIX
JULY 1, 2024 - JUNE 30, 2025 ADMINISTRATIVE MOU
BIWEEKLY - 26 PAY PERIODS PER YEAR
RANGE
18 28
CITY OF SUSANVILLE
Residency Policy for Employees with Emergency/Urgent Response Duties Adopted _________ , Last Updated ________ _
1. Introduction
This policy establishes a requirement for all employees in the below-mentioned job categories to reside within a reasonable proximity to their place of employment to allow them to respond within the timeframes set forth below. This policy applies to employees in the below-mentioned job categories hired by the City of Susanville after this policy takes effect and to current employees of the City of Susanville in the below-mentioned job categories if the current employee changes his or her residence after this policy takes effect.
The job categories for which this policy applies are:
A. All sworn officers working for the City of Susanville Police Department. This includes but is not limited to: full-time sworn officers (including supervisors), part-time sworn officers and reserve officers.
B. All City of Susanville Fire Department personnel (including supervisors).
C. All City of Susanville Public Works personnel (including supervisors).
2. Requirements
The following requirements apply to each employee hired by the City of Susanville after this policy takes effect in the above-mentioned job categories and to current employees in the abovementioned job categories if the current employee changes his or her residence after this policy takes effect.
A. For purposes of this policy, RESIDENCE means the house or other fixed abode where the employee lives full time, the address of which the employee must have on file with the City.
B. The RESIDENCE of the employee must be within a 35-minute drive of the department office applicable to the employee's employment with the City. For example, public works employees' department office will be the public works department office.
C. The drive time of the employee will be determined by entering the address of the employee residence and the location of his or her respective department office in the City of Susanville into an internet based mapping system selected at the sole discretion of the City, such as Google Maps assuming fair-whether driving conditions. A copy of the printout of the mapping system showing drive time from the department office to the residence will be kept by the City.
19 29
D. When instructed by his or her employer or supervisor, each employee must respond to an emergency or urgent situation connected to his or her employment with the City of Susanville. An exception to this requirement is when the employee is on a previously authorized vacation or other approved leave, or has traveled outside of a 150-mile radius of the department office applicable to that City employee.
E. Employees will be compensated as currently outlined in their respective Memorandum of Understanding and Employee Handbook and will not be eligible for any additional compensation as a result of these requirements.
3. Purpose
The above-mentioned job categories include critical job functions that require the employees who perform the jobs to respond to emergency or urgent situations connected to their employment with the City of Susanville. From time to time, emergency or urgent situations arise and additional employees must be called to assist with the urgent or emergency situation. The City of Susanville is located in the high desert and weather conditions such as rain, snow, ice and wind cause road closures, making it difficult for employees to report to their place of employment at various times throughout the year if the location of the employee's RESIDENCE requires too much time to arrive at the worksite. Varied road types including but not limited to mountain passes, unmaintained dirt roads and steep windy roads surrounding the City of Susanville make it necessary for the proximity of the employee to his or her place of employment or the city limits to be measured in drive time and not miles. To protect the health, safety and welfare of the people and property within the City of Susanville during emergencies or urgent situations, employees with the above-mentioned job descriptions must be able to respond to an emergency or urgent situation within a reasonable time. Requiring future employees or current employees who change their residence after this policy takes effect to live within a 35-minute drive of his or her place of employment best serves the legitimate interests of the City.
4. Violation of Policy
Violation of this policy will result in a notice to cure the violation within 30 days. Failure to cure the violation within 30 days will result in termination of employment within 14 days of the deadline to cure the violation.
2 20
30 21
EXHIBIT “D” Incentive List
Administrative Employee Incentive Program
Incentive License / Certification / Degrees
Incentive/Certificate/Degree Incentive
% Increase
Associate degree from accredited college in a field related to employee’s position (No Cap)
2.5%
Baccalaureate degree from accredited college in a field related to employee’s position (No Cap)
5%
Master’s degree from accredited college in a field related to employee’s position (No Cap) 5% Engineer in Training or Land Surveyor in Training 5%
Professional Land Surveyor (3 employee max)** 10%
Professional Engineer (3 employee max)** 10%
POST Records Supervisor Certificate (2 employee max) 5% Certified Public Infrastructure Inspector CPII (2 employee max)* 5% Certified Public Works Professional – Management CPWP-M (2 employee max) 5% Certified Planning Engineer CPE (2 employee max) 5%
AICP Planning Certification (2 employee max) 5%
Certified Employee Benefits Specialist CEBS (2 employee max) 5% Residentials Plans Examiner and Building Official Legal & Management Module (2 employee max)
2.5%
Associate Certified Planning Engineer ACPE (2 employee max)* 2.5% Human Resources Management Certified Professional Certificate SHRM-CP (2 employee max)*
2.5%
Human Resources Management Senior Certified Professional Certificate SHRM-SCP (2 employee max)*
2.5%
Certified Public Works Professional – Supervision CPWP-S (2 employee max)* 2.5% ICC Certified Permit Technician (2 employee max)* 2.5%
Certified CPR Instructor (2 employee max)* 2.5%
ESRI ArcGIS Pro Associate Certification 2025 or equivalent (2 employee max)* 2.5% *New incentives effective July 1, 2024
**Employees licensed as a professional engineer or professional land surveyor will receive a 10% pay increase on top of any other incentives earned, 7.5% cap notwithstanding. Assistant Director - Engineering, Assistant Director – Operations, and Air Quality Specialist position’s job descriptions modified to reflect 10% increase for Professional Engineer and Professional Land Surveyor certifications.
31 AGENDA ITEM NO. 7.A
Public Hearing
Submitted By: Michael Prettyman, Building & Planning Division Action Date: November 6, 2024
SUBJECT: Consider Resolution No. 24-6376, upholding the City of Susanville Planning Commission's decision to assess penalties in the amount of $10,000.00 for violations of the Susanville Municipal Code by PC Resolution No. 24-1177 for 6 Monrovia Street nuisance abatement order 2023-005.
PRESENTED BY: Kelly Mumper, City Planner and Mike Prettyman, Code Enforcement Officer
SUMMARY:
On June 13, 2023, the Susanville Planning Commission adopted Resolution No. 23-1150 declaring public nuisance conditions at 6 Monrovia St. and approved the issuance of Nuisance Abatement Order NA2023-005. After 365 days of noncompliance, a Public Hearing on proposed administrative penalties was set before the Susanville Planning Commission at a regularly scheduled meeting on June 25, 2024. On June 25, 2024, the owner, via e-mail
correspondence with City Planner, Kelly Mumper, requested an extension of time to abate the nuisance as a sign of good faith towards Planning Commission’s final administrative penalty decision.
The Susanville Planning Commission granted the requested continuance and a hearing date was later set and Noticed for August 13, 2024. The property owner did not appear at the August 13, 2024 hearing and Resolution No. 24-1177 was adopted by the Susanville Planning Commission which imposed a $10,000.00 administrative civil penalty due by September 3, 2024. On September 3, 2024, the owner requested an appeal of the Planning Commission's decision and payment of the $200 appeal fee was received on or around September 16, 2024. A Notice of Public Hearing regarding the appeal was mailed to the property owner on 10-2-24, posted on site 10-18- 24, and published in the Intermountain News on 10-23-24. To date, no action has been taken to remedy the violations which continue to exist on the subject property.
SUSANVILLE CITY COUNCIL AGENDA ITEM
32 FISCAL IMPACT: Increase to the Code Enforcement abatement fund in the amount of $10,000.00 plus any accrued interest, if paid by the owner within 90 days. If unpaid after 90 days, the City of Susanville shall pursue collection of the assessed administrative penalties, accrued interest, and administrative costs by use of available legal means, including recordation of a lien and/or special assessment against the subject property pursuant to procedures set forth in City of Susanville Municipal Code Title 8, Chapter 8.32., Section 200-270.
ACTION REQUESTED: Motion to approve Resolution No. 24-6376, upholding the City of Susanville Planning Commissions decision to assess penalties in the amount of $10,000.00 for violations of the Susanville Municipal Code by PC Resolution No. 24-1177 for 6 Monrovia Street nuisance abatement order 2023-005.
ATTACHMENTS:
24-6376.pdf
Nuisance Abatement Order After Hearing NA2023-005 - 6 Monrovia.doc 24-6-11 Monrovia Signed Notice of Hearing (owner).pdf
24-6-25 Request for Extension.pdf
24-7-8 Notice of Continuation.pdf
24-7-15 Notice of Public Hearing 1.pdf
24-8-13 Reso. 24-1177.pdf
24-9-3 Appeal Request.pdf
24-10-2 Notice of Appeal Hearing.pdf
24-10-18 Posted Notice of Appeal Hearing.jpg
24-10-18 Notice of Public Hearing Posting.docx
24-10-23 InterMntn. Public Hearing Notice.docx
24-10-29 Inspection Photos.pdf
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28 RESOLUTION NO. 24-6376
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SUSANVILLE UPHOLDING THE PLANNING COMMISSION’S DECISION TO APPROVE THE
ASSESSMENT OF CIVIL PENALTIES AGAINST THE PROPERTY OWNER OF 6 MONROVIA ST. (APN-107-156-009-000) FOR NONCOMPLIANCE
WITH NUISANCE ABATEMENT ORDER NA2023-005
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 conditions of real property that constitute a public nuisance and provides for the abatement of said nuisance conditions; and
WHEREAS, on August 13, 2024, the Susanville Planning Commission adopted Resolution No. 24-1177 ordering the maximum administrative civil penalty in the amount of ten thousand dollars ($10,000) for noncompliance with nuisance abatement order NA2023-005 and ordered the payment of said administrative civil penalty due by Tuesday, September 3, 2024, by 4:30 PM; and
WHEREAS, on September 3, 2024, Kenneth Goerge Morris II submitted a request for an appeal; and
WHEREAS, on October 2, 2024, the enforcing officer properly served the notice of Public Hearing for the appeal providing the owners and/or occupants an opportunity to present evidence and elicit testimony whether the proposed amount of administrative penalty set forth by the Planning Commission be imposed, modified, or disapproved in whole or in part; and WHEREAS, the condition of real property remains a public nuisance and in violation of nuisance abatement order NA2023-005; and
WHEREAS, the assessment of administrative civil penalties is authorized by Section
8.32.290 of the Susanville Municipal Code which provides for a maximum daily penalty and a maximum total penalty when considering defined factors relating to the facts presented to the Susanville Planning Commission; and
WHEREAS, the assessment of civil penalties relating to a nuisance abatement order does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project under the California Environmental Quality Act (CEQA) pursuant to section 15378 of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby upholds the decision of the Susanville Planning Commission to adopt Resolution No. 24- 1177 and the imposed Administrative Penalties contained therein; and BE IT FURTHER RESOLVED that the City Council of the City of Susanville hereby orders the maximum administrative civil penalty in the amount of ten thousand dollars ($10,000.00) for 365 total days of noncompliance with nuisance abatement order NA2023-005 and orders the payment of said administrative penalty due by November 26, 2024, by 4:30p.m. 34 1
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28 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 6th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _____________________________
Margaret Long, City Attorney
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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
NA2023-005
Hearing: June 13, 2023, at 5:30 p.m. in
Council Chambers
66 North Lassen Street
Susanville, CA 96130
KENNETH GEORGE MORRIS II
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 8, 2023, and served on Respondent, KENNETH GEORGE MORRIS II, by Certified Mail on May 8, 2023, and posted on the structure at 6 Monrovia Street on May 8, 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 Respondent did not appear at this hearing.
FINDINGS
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. KENNETH GEORGE MORRIS II owns the residential property and is the responsible party for the property located at 6 Monrovia Street.
3. KENNETH GEORGE MORRIS II was properly served with a Notice of Violation on April 26, 2023 with service pursuant to City of Susanville Municipal Code section 8.32.060.
4. KENNETH GEORGE MORRIS II was properly served with a Notice of Intention to Abate Public Nuisance and Notice of Public Hearing on May 8, 2023, and that said notice was properly posted at 6 Monrovia Street on May 8, 2023, pursuant to City of Susanville Municipal Code section 8.32.090.
5. The condition of the property located at 6 Monrovia Street is a public nuisance as defined by City of Susanville Municipal Code section 8.32.050.
Orders
The Hearing Board orders the following.
1. KENNETH GEORGE MORRIS II must abate the public nuisance at 6 Monrovia Street by doing the following at 6 Monrovia Street:
a. The onsite dumpster is inadequate for trash and debris generated at the property. 37 -3- City of Susanville
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b. All abandoned household items and furnishings, debris, garbage, junk, rubbish, household appliances, furnishings, items that are on the property shall be removed and disposed of in accordance with local, state, and federal laws. c. Overgrown grasses and weeds shall be cut down and/or mowed.
2. KENNETH GEORGE MORRIS II 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. KENNETH GEORGE MORRIS II must obtain any and all required permits that may be required to abate public nuisance at 6 Monrovia Street.
4. After KENNETH GEORGE MORRIS II abates the nuisance at 6 Monrovia Street, KENNETH GEORGE MORRIS II 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 6 Monrovia Street to determine if the public nuisance was abated.
5. If KENNETH GEORGE MORRIS II does not abate the public nuisance at 6 Monrovia Street by 8:00 a.m. on June 26, 2023, the City of Susanville may have the property at 6 Monrovia Street abated.
6. If KENNETH GEORGE MORRIS II does not abate the public nuisance at 6 Monrovia 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 $100.00 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.
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 38 -4- City of Susanville
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KENNETH GEORGE MORRIS II as a personal debt or may be assessed upon 6 Monrovia 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 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 KENNETH GEORGE MORRIS II 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.
Appeal
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.
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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: _______________________ _________________________________________________________ Melanie Westbrook
Susanville Planning Commission
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RESOLUTION NO. 24-1177
A RESOLUTION BY THE SUSANVILLE PLANNING COMMISSION
APPROVING THE ASSESSMENT OF CIVIL PENAL TIES AGAINST THE PROPERTY OWNER OF 6 MONROVIA ST. (APN-107-156-009-000) FOR NONCOMPLIANCE WITH NUISANCE ABATEMENT ORDER NA2023-005
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 conditions of real property that constitute a public nuisance and provides for the abatement of said nuisance conditions; and
WHEREAS, a public nuisance has been declared upon the property of 6 Monrovia St. and attempts to bring the property into voluntary compliance have been futile; and
WHEREAS, the Susanville Planning Commission approved the issuance of a Nuisance Abatement Order (NA2023-005) at a duly noticed public hearing on June 13, 2023 which ordered Kenneth Goerge Morris 11, to abate nuisance conditions at 6 Monrovia St. (APN 107-156-009-000); and WHEREAS, on June 25, 2024 the Susanville Planning Commission granted the property owner a 30 day continuance to bring the property into compliance; and
WHEREAS, on July 15, 2024, a Notice of Public Hearing was sent 1 st
Class to the property owner; and
WHEREAS, the condition of real property remains a public nuisance and in violation of nuisance abatement order NA2023-005; and
WHEREAS, the assessment of administrative civil penalties is authorized by Section 8.32.290 of the Susanville Municipal Code which provides for a maximum daily penalty and a maximum total penalty when considering defined factors relating to the facts presented to the Susanville Planning Commission; and WHEREAS, the assessment of civil penalties relating to a nuisance abatement order does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project under the California Environmental Quality Act (CEQA) pursuant to section 15378 of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City of Susanville Planning Commission hereby approves the assessment of administrative civil penalties for violations of nuisance abatement order NA2023-005 as follows:
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50 City of Susanville (530) 252-5100 • 66 North Lassen Street • Susanville, CA 96130-3904 Mendy Schuster – Mayor | Russ Brown – Mayor Pro Tem | Curtis Bortle, Dawn Miller, Patrick Parrish Susanville City Council
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 8.32 to solicit comments regarding the appeal of Planning Commission’s August 13, 2024, decision to adopt Resolution No. 24-1177 approving the assessment of civil penalties for violations of nuisance abatement order NA2023-005 at the following location:
6 Monrovia Street, Street, Susanville, Ca. 96130 (APN: 107-156-009-000) The Public Hearing will be held on Wednesday, November 6, 2024, at 5:30 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 November 1, 2024, for City Council review.
If you have any questions or concerns regarding this notice, you may contact the Building and Planning Division at (530) 252-5118.
The Public Hearing will be held on Wednesday, November 6, 2024, at 5:30 P.M. (or as soon thereafter as the agenda permits) in the Susanville City Council Chambers located at 66 North Lassen Street, Susanville, California.
Posted: October 18, 2024
By: Michael Prettyman, Code Enforcement Officer
51 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 8.32 to solicit comments regarding the appeal of Planning Commission’s August 13, 2024, decision to adopt Resolution No. 24-1177 approving the assessment of civil penalties for violations of nuisance abatement order NA2023- 005 at 6 Monrovia Street, Susanville, Ca. 96130. (APN:107-156-009-000) The Public Hearing will be held on Wednesday, November 6, 2024, at 5:30 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 November 1, 2024, for City Council review and consideration.
If you have any questions or concerns regarding this notice, you may contact the Building and Planning Division at (530) 252-5118.
BY: Michael Prettyman, Code Enforcement Officer
FOR: City of Susanville, Planning Commission
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AGENDA ITEM NO. 9.A
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: November 6, 2024
SUBJECT:
Consider Resolution No. 24-6373, approving the closure of Main Street from Cottage Street to Weatherlow Street on Saturday, December 7, 2024, from 4:00pm to 7:00pm in support of the Lassen County Chamber of Commerce Annual Magical Country Christmas Celebration, waive all cost associated with the road closure and contribute Civic Contribution Funds towards the cost of the Firework Display.
PRESENTED BY: Bob Godman, Public Works Director
SUMMARY:
The Lassen County Chamber of Commerce (LCCC) requests City Council support for the annual Magical Country Christmas Celebration, which includes a lighted Christmas parade, tree lighting, and fireworks display. LCCC is requesting closure of Main Street (State Route 36) from Cottage Street to Weatherlow Street on Saturday, December 7, 2024, from 4:00 P.M. to 7:00 P.M. This event draws an enormous crowd to Historic Uptown Susanville. LCCC dedicates well over 200 hours of paid staff time as well as countless volunteer board member hours organizing and executing this free event for the community. In addition, the Chamber pays $9,500.00 for the Fireworks display that concludes the event's parade of lights and Christmas Tree Lighting.
This event involves six (6) Public Works Department employees to set up, take down traffic control signs, and assist ten (10) Police Officers, eight (8) Firefighters with traffic control.
A Caltrans Encroachment Permit is required for the closure of Main Street. Caltrans does not charge the City and Encroachment Permit fee but they do require the City to accept all liability for this event as the Encroachment Permit Permittee. City Staff is currently working with Caltrans to obtain the Encroachment Permit.
SUSANVILLE CITY COUNCIL AGENDA ITEM
62 The Lassen County Chamber of Commerce is requesting council to approve the staff and insurance cost at no charge to the Chamber for the event. Additionally, LCCC is requesting consideration from the City Council to contribute funding towards the firework display cost using Civic Contribution Funds in the amount subject to the councils discretion.
FISCAL IMPACT:
Public Works Dept. Estimated Costs $2,195.00
Police Dept. Estimated Costs $4,464.00
Fire Dept. Estimated Costs $2,268.00
Insurance Cost $1,307.33
TOTAL ESTIMATED COST $10,234.33
ACTION REQUESTED:
Motion to approve Resolution No. 24-6373, approving the closure of Main Street from Cottage Street to Weatherlow Street on Saturday, December 7, 2024, from 4:00pm to 7:00pm in support of the Lassen County Chamber of Commerce Annual Magical Country Christmas Celebration, waive all cost associated with the road closure and contribute Civic Contribution Funds towards the cost of the Firework Display.
ATTACHMENTS:
24-6373.pdf
Chamber_letter_of_request_2024.pdf
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28 RESOLUTION NO. 24-6373
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE SUPPORTING THE CLOSURE OF MAIN STREET (STATE ROUTE 36) FROM COTTAGE STREET TO WEATHERLOW STREET ON SATURDAY, DECEMBER 7, 2024, FROM 4:00 PM TO 7:00 PM FOR THE LASSEN COUNTY CHAMBER OF COMMERCE ANNUAL MAGICAL
COUNTRY CHRISTMAS CELEBRATION, WAIVE ALL COST ASSOCIATED WITH THE
ROAD CLOSURE AND CONTRIBUTE CIVIC CONTRIBUTION FUNDS TOWARDS
THE COST OF THE FIREWORK DISPLAY
WHEREAS, City Council support is request for the Lassen County Chamber of Commerce (LCCC) Annual Magical Country Christmas Celebration to be held on Saturday, December 7, 2024 from 4:00 pm to 7:00 pm; and
WHEREAS, the event requires the closure of Main Street (State Route 36) from Cottage Street to Weatherlow Street from 4:00 pm to 7:00 pm on the day of the event; and WHEREAS, Caltrans requires an encroachment permit application to be submitted in order to close Main Street (State Route 36) for this event; and WHEREAS, The Lassen County Chamber of Commerce is requesting all cost for the road closure be waived for them; and
WHEREAS, the Lassen County Chamber of Commerce provides the Firework Display for the event; and
WHEREAS, the Lassen County Chamber of Commerce is requesting for funding to be contributed to the cost of the firework display using Civic Contribution Funds in the amount subject to the council’s discretion.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Susanville hereby:
1. Supports the closure of Main Street (State Route 36) from Cottage Street to Weatherlow Street from 4:00 pm to 7:00 pm on Saturday, December 7, 2024, in support of the Lassen County Chamber of Commerce Annual Magical Country Christmas event, and
2. Approves the waiver to the Lassen County Chamber of Commerce of all cost associated with the road closure. and
3. Approves the contribution towards the firework display from the Civic Contribution Funds in the amount subject to the council’s discretion.
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 6th day of November 2024, by the following vote:
AYES:
NOES:
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ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
65 PO Box 338 I 1516 Main Street I Susanville, CA 96130 I 530-257-4323 I Fax: 530-251-2561 www.lassencountychamber.org
October 10, 2024
City of Susanville
ATTN: Susanville City Council
66 North Lassen Street
Susanville, CA 96130
Dear Susanville City Council Members,
The Lassen County Chamber of Commerce (LCCoC) is requesting a street closure of Main Street, from Pine Street to Weatherlow Street, from 4:00 P.M. to 7:00 P.M., to hold the annual Magical Country Christmas Celebration on Saturday, December 7, 2024. In addition to the closure of Uptown Main Street, we would like to include Pancera Plaza on S. Gay Street from Main Street to Cottage Street in the street closure request.
The Chamber, in collaborative efforts with the city of Susanville, is actively trying to enhance economic and business development in our community and provide our residents and visitors with unique and special events that make Susanville and Lassen County a place to visit and call home. The Magical Country Christmas event embodies those efforts and missions. This year's event will include the annual parade of lights, dance and musical performances by local groups and organizations, food and craft vendors set up in Pancera Plaza for event duration, pictures with Santa, adult hot toddy walk in participating Uptown Business District businesses, and of course the event concludes with the lighting of the new Christmas tree purchased by the Lassen County Chamber of Commerce and a fireworks display.
The Magical Country Christmas event draws an enormous crowd to Historic Uptown Susanville and has been said to be our community’s kick-off event to the holiday season for many years. LCCoC dedicates well over 200 hours of paid staff time as well as countless volunteer board member hours organizing and executing this free community event in planning, setting up (and taking down) the Community Christmas Tree, obtaining fireworks display ($9,500), securing vendors and parade management. The Chamber is seeking event sponsorship from the city of Susanville in requesting the city submit an encroachment permit for the road closure and for the city to obtain necessary insurance for the road closure and parade event; as well as waive city staff costs dedicated to the road closure.
66 PO Box 338 I 1516 Main Street I Susanville, CA 96130 I 530-257-4323 I Fax: 530-251-2561 www.lassencountychamber.org
Additionally, due to the exorbitant rising cost of fireworks displays; the Chamber is seeking consideration from the City Council to contribute funding towards the firework display that concludes the event’s parade of lights and Community Christmas Tree lighting.
The Lassen County Chamber of Commerce recognizes the efforts of the City Council and City Staff in executing this community event and we look forward to another Magical Country Christmas. Please don't hesitate to contact me if you have any questions regarding any of the planned events.
Best Regards,
David Teeter
Interim Executive Director
Lassen County Chamber of Commerce
67 AGENDA ITEM NO. 9.B
Action Item
Submitted By: Erik Edholm, Public Works
Action Date: November 6, 2024
SUBJECT: Consider Resolution No. 24-6377, authorizing the City Manager to execute a contact with Nevada Barricade & Sign Company Inc for roadway lane striping and authorize the Finance Director to modify the budget as necessary to complete the work.
PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: City staff has received a quote from Nevada Barricade and Sign Company Inc. for roadway line striping on various streets in Susanville. The project will involve over 73,000 feet of double yellow and fog line striping across 18 streets. The city’s estimate for this work was $48,115, while the quote from Nevada Barricade and Sign Company Inc. is $45,583.05.
Since this amount is below the $60,000 threshold established by CUCCAC regulations, formal bidding is not required. This exemption enables the city to streamline the procurement process through a negotiated contract, avoiding the more time-consuming formal bidding procedures.
FISCAL IMPACT: $45,583 plus $4,558 in contingencies from the Road Maintenance and Rehabilitation Account available fund balance of $1,275,000.
ACTION REQUESTED: Motion to approve Resolution No. 24-6377, authorizing the City Manager to execute a contact with Nevada Barricade & Sign Company Inc for roadway lane striping and authorize the Finance Director to modify the budget as necessary to complete the work.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6377.pdf
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28 RESOLUTION NO. 24-6377
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NEVADA BARRICADE AND SIGN COMPANY INC. FOR PAVEMENT LINE STRIPING
ON VARIOUS CITY STREETS AND TO AUTHORIZE THE FINANCE DIRECTOR
TO ADJUST THE BUDGET AS NECESSARY
WHEREAS, the city has identified various streets in need of an updated pavement striping; and
WHEREAS, staff has determined Nevada Barricade and Sign Company, Inc as qualified contractor to perform the work; and
WHEREAS, Nevada Barricade and Sign Company Inc. has provided a quote for pavement line striping on various city streets in the amount of $45,583; and WHEREAS, the city has capacity in RMRA funding to cover the $45,583 plus $4,558 in contingencies.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Susanville hereby authorizes the City Manager to execute an Agreement with Nevada Barricade and Sign Company Inc. in the amount of $50,141 and further authorizes the Finance Director to adjust the budget as necessary.
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 6th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
69 AGENDA ITEM NO. 9.C
Action Item
Submitted By: Dan Newton, Administrative Services
Action Date: November 6, 2024
SUBJECT: Consider waiving first reading and introducing Ordinance No. 24- 1046, amending Chapter 3 for Title 3, Revenue and Finance of the Susanville Municipal Code, including sections 3.08.010 through
3.08.200.
PRESENTED BY: Dan Newton, City Manager
SUMMARY: Procurement practices and policies play a crucial role in promoting transparency, efficiency, and accountability in the acquisition of goods and services by the city. Chapter 3.08 "Purchasing System" of the city's municipal code addresses the authorities of city officials in procuring goods and services for the city. The purpose of chapter 3.08 is to establish efficient procedures for purchasing and to ensure that the lowest possible costs are paid commensurate with the quality of goods and services that are needed. The proposed modifications to Chapter 3.08 provide efficiencies in procurement of goods and services. Additionally, the proposed modifications provide clarity for several important procurement processes, including public project procurement, procurement in times of emergencies, and others.
Staff is requesting that City Council waive the first reading and introduce the ordinance. Upon introduction of the Ordinance, staff will finalize the accompanying purchasing policy and credit card policy for presentation to the City Council at the November 20, 2024 City Council Meeting. It is imperative to update the city's Credit Card Policy as the city staff utilizes the credit card program frequently to procure services and supplies.
Key purchasing System Changes:
City Manager authorized to execute service agreements in the amount not to exceed $25,000
Department Heads authorized to execute service agreements in the amount not to exceed $15,000
Addition of language requiring written agreements for services over $3,000.
Addition of Professional Services Procurement
Expansion of public project procurement procedures
SUSANVILLE CITY COUNCIL AGENDA ITEM
70 Addition of in informal bidding process for public projects Adding clarity to better distinguish public project
procurements from nonpublic project procurements
Increased clarity in the roles and responsibilities of city officials, including the finance manager, city manager, city clerk and department heads.
FISCAL IMPACT: None
ACTION REQUESTED: Motion to waive first reading and introduce Ordinance No. 24-1046, amending Chapter 3 for Title 3, Revenue and Finance of the Susanville Municipal Code, including sections 3.08.010 through
3.08.200.
ATTACHMENTS:
24-1046.pdf
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28 ORDINANCE NO. 24-1046
AN ORDINANCE OF THE CITY OF SUSANVILLE
AMENDING CHAPTER 03 OF TITLE 3, REVENUE AND FINANCE, OF THE
SUSANVILLE MUNICIPAL CODE INCLUDING
SECTIONS 3.08.010 THROUGH 3.08.200
The city council of the city of Susanville does ordain as follows:
Section 1. City of Susanville Municipal Code: Title 3 Revenue and Finance, Chapter 03, Sections 3.08.010 3.08.030, 3.08.050, 3.08.060, 3.08.070, 3.08.090, 3.08.100, 3.08.110,
3.08.130, 3.08.140, 3.08.160, 3.08.180, 3.08.190, and 3.08.200 shall hereby amended to provide as follows:
3.08.010 Adoption of a purchasing system.
In order to establish efficient procedures for purchasing of supplies, equipment, professional services and nonprofessional services, to secure for the city supplies and equipment at the lowest possible cost commensurate with the quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is adopted.
For the purposes of this chapter:
A. Department head shall mean, the city clerk, public safety chief, public works director, finance director, economic development director, or any other city official designated as a department head by the city council.
B. Professional services shall mean services provided to the city that are any of the following:
1. Professional architectural
2. Landscape architectural
3. Professional Engineering
4. Environmental
5. Land Surveying
6. Construction Project Management
7. Legal
8. Accounting
9. Professional Planning Services
10. Administrative Services
3.08.030 Purchasing authority designated— Roles and Responsibilities A. The city finance director is designated as purchasing authority for the city of Susanville.
The finance director may recommend that the city manager delegate the routine administrative responsibilities as specified in this chapter, or in any other applicable purchasing regulation as shall be prescribed by the city council to any department head as appropriate. The finance director shall:
1. Ensure that the purchase of equipment, supplies, professional services, nonprofessional services or nonprofessional services not involving particular ability required by any office or department of the city is in accordance with purchasing 72 1
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28 procedures prescribed by this chapter is negotiated and ensure that such other rules or regulations are adhered to as shall be prescribed by the city council.
2. Act to procure for the city the needed quality in equipment, supplies, nonprofessional services or services not involving particular ability required by any office or department of the city, at least expense to the city.
3. Encourage uniform bidding, and endeavor to obtain as full and open competition as possible on all purchases hereunder.
4. Prepare and recommend to the city manager and city council rules governing the purchase of equipment, supplies, nonprofessional services or services not involving particular ability for the city.
5. Keep informed of current developments in the field of purchasing prices, market conditions and new products.
6. Prescribe and maintain such forms as are reasonably necessary to the operation of this chapter and other rules and regulations of the city.
7. Recommend the transfer of surplus or unused supplies and equipment between departments as needed, and the sale of all supplies and equipment which cannot be used by any department, or which have become unsuitable for city use. Prepare a list from each department by July 1st of each year.
8. Maintain a bidders’ list, vendors’ catalogue file, and records for the efficient operation of this chapter.
9. Prepare and maintain the standard requisition form as referenced in this chapter.
B. The city clerk shall:
1. Maintain records of all executed service and contractual agreements.
2. Ensure that no contract or agreement in excess of $25,000 shall be entered into without city council approval.
3. Attest by signatory action on all agreements that agreements are signed by the appropriate city officials pursuant to this chapter.
C. The city manager shall:
1. Be authorized to execute agreements in the amount not to exceed $25,000 without city council approval.
2. Be authorized to execute agreements in excess of $25,000 with the approval of city council.
3. Consider the recommendations of the finance director and, as appropriate, delegate the routine administrative responsibilities as specified in this chapter, or in any other applicable purchasing regulation as shall be prescribed by the city council.
4. Provide periodic reports to city council regarding agreements approved by city manager and department heads.
D. Department head(s) shall:
1. Be authorized to execute agreements in the amount not to exceed $15,000 without city council or city manager approval.
2. Identify no existing agreements or contracts are in place and which additional services could be added for equal share of cost increase prior to executing any agreement or contract.
3.08.050 Exemptions from centralized purchasing.
The finance director, upon written approval of the city manager, may authorize in writing any city department to purchase or contract for specified supplies, services and equipment independently of the purchasing authority, but finance director shall require that such purchases 73 1
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28 or contracts be made pursuant to the procedures established by this chapter, and shall further require periodic reports from the department on the purchases and contracts made under such written authorization. (Ord. 98-847 § 1; prior code § 20.5)
3.08.060 Purchases by force account, negotiated contract, or purchase order.
Except as otherwise provided herein, purchases of equipment, supplies, nonprofessional services and nonprofessional services not involving a particular ability, of $60,000 or less, may be made, after adhering to the following:
A. Public Projects $60,000 or less.
1. Public Projects as defined in PPC 20161 of $60,000 or less, road maintenance projects of $60,000 or less, and utility maintenance projects of $60,000 or less may, at the discretion of the city manager, be completed with the city’s own forces (force account), by negotiated contract, or by purchase order. Multiple quotes are not required for public projects less than $60,000.
B. Non-Public Projects $60,000 or less.
1. Minimum Number of Bids or Quotations: Open market purchases shall, whenever possible, be based on at least three quotations and shall be awarded to the lowest responsible bidder. The finance director is authorized to approve the purchases when at least three quotations cannot be obtained, including sole source procurements, only after the finance director is satisfied that a reasonable effort has been made to obtain three quotations.
2. Notice Inviting Bids or Quotations: The finance director shall oversee solicitation of bids by city staff. Bids or Quotations shall be by written request to prospective vendors or by telephone.
3. Written Quotations: Written quotations shall be submitted to the finance director who shall keep a record of all open market orders and quotes for a period of one year after the submission of quotes or the placing of orders. This record, while so kept, shall be open to public inspection.
4. Written Contract: Where contracts are entered into for purchases made under this section, the contracts shall be approved in accordance with 3.08.030.
C. Requisition Forms. The issuing department shall submit a request for the equipment, supplies, nonprofessional services, or services not involving a particular ability, to the finance director by standard requisition form.
D. All bidding may be dispensed with, in an emergency, pursuant to 3.08.200.
3.08.070 Informal Contract Procedure
A. Except as otherwise provided herein, purchases of equipment, supplies, nonprofessional services and nonprofessional services not involving a particular ability, of $200,000 or less, may be made after adhering to the following:
1. Public Projects $200,000 or less – Informal Bidding Requirements. a. The finance director shall maintain a list of qualified contractors identified according to category of work.
b. At the time informal bids are solicited, a notice inviting informal bids shall be mailed to all qualified contractors on the list. If no such list exists, or at the finance director’s discretion, a notice inviting informal bids shall also be sent all applicable construction trade journals specified in PCC section 22036. Additional 74 1
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28 contractors and trade journals may also be notified, at the discretion of the finance director.
c. The notice inviting informal bids shall describe the project in general terms, state how to obtain more detailed information about the project and state the time and place for the submission of bids.
d. All mailing of notices to contractors and construction trade journals pursuant to this section shall be completed not less than 10 calendar days before bids are due.
e. If all bids received are in excess of $200,000, the city council, by a 4/5 vote may award the contract at $212,500 or less to the lowest responsible bidder if it determines that the city’s cost estimate for the project was reasonable.
2. Non-public projects $200,000 or less.
a. Minimum Number of Bids or Quotations: Open market purchases shall, whenever possible, be based on at least three quotations and shall be awarded to the lowest responsible bidder. The finance director is authorized to approve the purchases when at least three quotations cannot be obtained, including sole source procurements, only after the finance director is satisfied that a reasonable effort has been made to obtain three quotations.
b. Notice Inviting Bids or Quotations. The finance director shall oversee solicitation of bids by city staff. Bids or Quotations shall be by written request to prospective vendors or by telephone.
c. Written Quotations. Written quotations shall be submitted to the finance director who shall keep a record of all open market orders and quotes for a period of one year after the submission of quotes or the placing of orders. This record, while so kept, shall be open to public inspection.
d. Written Contract. Where contracts are entered into for purchases made under this section, the contracts shall be approved in accordance with 3.08.030.
B. Requisition Forms. The issuing department shall submit a request for the equipment, supplies, nonprofessional services, or services not involving a particular ability, to the finance director by standard requisition form.
C. All bidding may be dispensed with, in an emergency, pursuant to 3.08.200.
3.08.080 Encumbrance of funds.
Except in cases of emergency as described in 3.08.200, the finance director shall not issue any purchase order for equipment, supplies, nonprofessional services or nonprofessional services not involving particular ability for which there is an insufficient appropriation in the budgetary account against which said purchase is to be charged.
3.08.090 Formal contract procedure—Bid requirements.
Except as otherwise provided herein, purchases of equipment, supplies, nonprofessional services, and nonprofessional services not involving particular ability, over $200,000 may be made after adhering to the following:
A. Public Projects – Formal Bidding Requirements
Agreements for public projects shall be let to the lowest responsible bidder, pursuant to the procedures set forth herein.
1. Notice Inviting Bids. Notice inviting bids shall include a general description of the equipment, supplies, nonprofessional services or nonprofessional services not 75 1
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28 involving particular ability, to be purchased and shall state where bid blanks, forms and specifications may be secured, and the date, time and place of opening bids. a. Published Notice. Notice inviting bids shall be published at least ten (10) days before the day of opening bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the city; or, if there is none, it shall be posted in at least three public places in the city. b. Bidder’s List. The finance director, or appropriate city department with approval of the finance director, shall also solicit sealed bids from responsible prospective suppliers whose names are on the bidder’s list; provided, however, should said supplier desire to participate, said supplier shall comply with the requirements herein.
2. Bidder’s Security. When deemed necessary by the finance director, bidder’s security of ten (10) percent of the amount bid shall be required in the public notice(s) inviting bids. Bidders shall be entitled to return of bid security upon execution of the contract by the successful bidder, upon rejection of bids, or upon the readvertisement for bids; provided that a successful bidder shall forfeit his or her bid security upon refusal or failure to execute the contract within ten (10) days after notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder (the “first awarded bidder”) to execute the contract, award the contract to the next lowest responsible bidder (the “second awarded bidder”). In the event the city council does so, the first awarded bidder shall forfeit only that portion of security equal to the difference between said first awarded bidder’s bid and the bid of the second awarded bidder. If the second awarded bidder fails or refuses to execute the contract, he or she shall forfeit his or her bid security.
3. Bid Opening Procedure. Sealed bids, identified as bids on the outer envelope, shall be submitted to the city clerk. Bids shall be opened in public at the date, time and place stated in the public notice(s). Tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
4. Rejection of Bids. In its discretion, the city council may by majority vote reject any and all bids presented, and:
a. Authorize negotiation of a contract; or
b. Re-advertise for bids; or
c. Take no further action.
5. Award of Contracts. Contracts shall be awarded by the city council to the lowest responsible bidder, except in the case of the bidder not meeting the bid requirements.
6. Tie Bids. If two or more bids received are for the same total amount or unit price, quality, service and delivery being equal, and if the public interest will not permit the delay of re-advertising for bids, the city council may accept the one it chooses. The city council’s determination in that regard shall be final.
7. Performance Bonds. The finance director shall have authority to require a performance bond, in such amount as it shall be found reasonably necessary to protect the best interests of the city. If the finance director requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
B. Non-Public Projects – Greater than $200,000.
1. Minimum Number of Bids or Quotations: Open market purchases shall, whenever possible, be based on at least three quotations and shall be awarded to the lowest responsible bidder. The finance director is authorized to approve the purchases 76 1
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28 when at least three quotations cannot be obtained, including sole source procurements, only after the finance director is satisfied that a reasonable effort has been made to obtain three quotations.
2. Notice Inviting Bids or Quotations. The finance director shall oversee solicitation of bids by city staff. Bids or Quotations shall be by written request to prospective vendors or by telephone.
3. Written Quotations. Written quotations shall be submitted to the finance director who shall keep a record of all open market orders and quotes for a period of one year after the submission of quotes or the placing of orders. This record, while so kept, shall be open to public inspection.
4. Written Contract. Where contracts are entered into for purchases made under this section, the contracts shall be approved in accordance with 3.08.030.
C. Requisition Forms. The issuing department shall submit a request for the equipment, supplies, nonprofessional services, or services not involving a particular ability, to the finance director by standard requisition form.
D. All bidding may be dispensed with, in an emergency, pursuant to 3.08.200.
3.08.100 Inspection and testing of materials and services The department head shall inspect supplies and equipment delivered and determine their conformance with the specifications set forth in the order or contract. The department head shall have authority to require chemical and physical tests of samples submitted with bids, and samples of deliveries which are necessary to determine their quality and conformance with specifications. Department heads may also delegate this duty to an appropriate department of the city. (Ord. 10-975 § 1, 2010; Ord. 98-847 § 1; prior code § 20.10)
3.08.110 Surplus supplies and equipment
Department heads shall annually notify the Finance Director if they have items to surplus and list the items in a format approved by city manager showing all supplies and equipment which are no longer used which have become obsolete or worn out. Vehicles to be surplused will need to have verification of city ownership prior to being placed on the list.
Finance Director shall have the authority to make transfers between departments of any usable surplus supplies or equipment as needed. Department receiving the surplused item that have been fully depreciated will pay scrap value amount to department that surplused the item.
Final proposed surplus list will be provided to city manager’s office. City manager will prepare staff report for council approval and coordinate disposal / sale of surplus property.
Items that are not purchased at auction may be disposed of. No minimum bid.
3.08.130 Equipment leasing agreements
A. As used in this section:
1. "Leasing of non-purchasable equipment" means equipment which is available through "lease only" plans.
2. "Leasing purchasable equipment" means equipment which can be acquired through "lease with option to purchase" type plans.
B. Leasing of purchasable or non-purchasable equipment shall be in accordance with Sections 3.08.0303.08.050 through 3.08.070 of this chapter. Bidding can be dispensed with only as permitted in Section 3.08.060 and 3.08.200. 77 1
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28 C. For leasing of non-purchasable equipment in excess of $15,000 for department heads and in excess of $25,000 for city manager, It shall be the policy of the city of Susanville that when property is acquired by lease rather than outright purchase that all lease agreements must be reviewed by both the finance director and city attorney prior to consideration by city council and must be signed by the mayor or city manager after said and approval by the city council.
D. For leasing of non-purchasable equipment in excess of $15,000 for department heads and in excess of $25,000 for city manager, it shall also be the policy for all lease agreements that the head of the department acquiring said asset shall be required to provide a cost analysis of payment options which shall include lease versus purchase and review of any lease agreement proposed. The cost analysis shall include, but not be limited to, the type of lease, be it operating lease or capital lease, purchase options (cash versus financing), lease rate, purchase price, payment schedule, interest rate, expected useful life, residual value at lease end, maintenance, service and supply costs. (Prior code § 20.13; Ord. 98-847 § 1; Ord. 10-975 § 1, 2010
3.08.140 Maintenance agreements
A. As used in this section, "maintenance agreements" means a written contract wherein the contractor (or vendor) agrees to maintain city equipment in good operating condition subject to terms and conditions agreeable to both the contractor (or vendor) and the city.
B. All executed agreements must be filed with the city clerk. Departments must identify no existing agreements are in place in which additional services could be added for an equal share of cost increase prior to executing agreement.
3.08.160 Local preferences
Except for federal contracts and public projects, or when utilizing funding that does not allow local preference, a local vendor may qualify for local purchase preference. Local purchase preference is a two and one-half percent (2.5%) [higher quote] difference of quote price over the next vendor. A local vendor must submit a copy of a current city business license, issued by the city of Susanville, and complete and sign a declaration under penalty of perjury, stating that as of the date the request for quotes was issued, the business listed on the quote was physically maintained and operates at a fixed office or other business premises located within the geographical limits of Lassen County, and providing such other information as may be requested.
3.08.180 Agreements Required
All services, in excess of $3,000, including multiyear agreements exceeding $3,000 in aggregate, require written agreements in a form approved by the city attorney. Service procurements shall not be split for the purpose of evading the requirement to obtain a written agreement. Agreements must be approved by the city attorney and assigned an agreement number provided by the city clerk prior to execution. Contractual services in excess of $25,000 per agreement must go to city council for approval. The city manager is authorized to execute agreements in the amount not to exceed $25,000 without city council approval; department heads are authorized to execute agreements in the amount not to exceed $15,000 without city council or city manager approval. All executed agreements under $25,000 that are approved by city manager or department head will be reported to city council at a frequency as directed by city council.
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28 3.08.190 Professional Services:
A. Procurement of the architectural, landscape architectural, engineering, environmental, and land surveying, construction management, and environmental services as defined in California Government Section 4525 shall be made as follows:
1. Selection shall be made of the basis of demonstrated competence and professional qualifications for the satisfactory performance of the services required at a reasonable cost.
2. Selection procedures for projects using city funds:
a. The city shall endeavor to obtain a statement of qualifications from no less than three firms. If statement of qualifications from three firms cannot be obtained, the requesting department shall provide a written justification statement of the process used to solicit statements, specifically stating the number of firms contacted and the reasons that qualifications from at least three firms could not be obtained. The finance director shall review the justification statement and approve the selection process to move forward or require the department to increase their efforts. In the event the finance department is implementing the selection process the city manager shall approve the justification statement if needed.
b. The requesting department’s department head shall convene a review committee, the review committee shall:
i. Consist of at least three members knowledgeable in the field of services being solicited. Committee members shall not have any financial interest or personal relationship with any of the firms that have submitted statements of qualifications.
ii. Review the experience qualifications of the prospective firms and select three firms based on demonstrated competence and qualifications. iii. Engage in discussions with the top three firms, or fewer as approved in section “a” above. Discussions shall include anticipated concepts, the relative utility of alternative methods of approach for furnishing required services, and cost.
iv. Make a recommendation to the department head based on the responses to selection criteria in section iii above.
3. Selection procedures for projects using grant or other non-city funding sources:
a. Absent any procurement requirements specific to the funding source being utilized, the city shall follow Section 2 “Selection procedures for projects using city funds”
b. When the funding source for a project requires a specific competitive selection process, the city shall adhere to the specific competitive selection process required by the granting agency for the applicable funding source.
B. Procurement of financial, economic, accounting, legal, professional planning services, or administrative services shall be made as follows:
1. Selection shall be made on the basis of demonstrated competence and professional qualifications for the satisfactory performance of services required at a reasonable cost.
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28 2. Specific competitive selection requirements of funding entity must be adhered to when applicable.
3.08.200 Emergencies:
A. All bidding requirements and purchases of equipment, supplies, nonprofessional services, and nonprofessional services not requiring a particular ability may be dispensed with in an emergency. An emergency is a situation where the public interest and necessity demand the immediate expenditure of public money to safeguard life, health and/or property.
B. The city manager is authorized pursuant to Government Code section 22050 to order any action to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without giving notice for bids or to let contracts. The city manager must report the action to the city council for review within 7 days after the action or at the next regularly scheduled meeting if that meeting will occur not later than fourteen (14) days after the action. The city council shall review the emergency action at least every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless the city manager has terminated the action prior to the city council reviewing the emergency action, in which case the city manager will report to the city council the city manager’s decision to terminate the action at the next regularly scheduled meeting.
C. When the city council reviews the emergency action, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.
Section 2. The city clerk shall, within fifteen days after its passage, cause this ordinance to be published at least once in an adjudicated newspaper of general circulation, published and circulated within the city.
Section 3. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, it being expressly declared that this Ordinance and each section, subsection, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clause or phrases be declared invalid or unconstitutional.
Section 4. This Ordinance shall take effect upon the thirty-first day after its final passage.
INTRODUCED at a regular meeting of the city council of the city of Susanville, California, on the 6th day of November 2024, and will be 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
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28 The foregoing Ordinance 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
81 AGENDA ITEM NO. 9.D
Action Item
Submitted By: Dan Newton, Administrative Services
Action Date: November 6, 2024
SUBJECT: Discussion regarding 830 Main Street - St. Francis PRESENTED BY: Dan Newton, City Manager
SUMMARY: On November 1, 2024, a fire destroyed the building located at 830 Main St., commonly known as the St. Francis Hotel. City staff took immediate action necessary to safeguard the public. California Government Code, requires the City Council to review the emergency action taken and if said action is still on-going, the City Council must determine if it is necessary to continue without going out to bid or issuing contracts. A 4/5 vote of the council is required to continue the action.
Staff will provide a report of the emergency actions taken at the meeting.
FISCAL IMPACT: To be determined.
ACTION REQUESTED: Review emergency actions taken to safeguard the public and determine if it is necessary to continue the emergency action.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
82 AGENDA ITEM NO. 12.A
Action Item
Submitted By: Heidi Whitlock, City Clerk
Action Date: November 6, 2024
SUBJECT: Consider Ordinance No 24-1045, Amending Chapter 2, Sections
2.04.070 and 2.04.160(3)(b) of the city of Susanville Municipal Code related to the order of business and addressing the council.
PRESENTED BY: Heidi Whitlock, City Clerk
SUMMARY: On July 15, 2020, the City Council adopted Ordinance No. 20-1031 which changed chapter 2.04.040 - Time and Place of Regular Meetings of the city's municipal code. Since that time, staff has identified the need to update Chapter 2.04.070 Agenda - Order of business to also address the previous change in meeting times. In addition, a change to Chapter 2.04.160 - Addressing the Council, Section A (3)(b) is also being proposed to change the amount of time a person can address the council from five minutes to three minutes, unless further time is granted by the mayor.
Staff introduced the ordinance at the October 16, 2024 meeting and is now requesting to waive the second reading of and adopt the proposed Ordinance No. 24-1045.
FISCAL IMPACT: Publication costs to be determined.
ACTION REQUESTED: Waive the second reading and adopt Ordinance No. 24-1045, Amending Chapter 2, Sections 2.04.070 and 2.04.160(3)(b) if the city of Susanville Municipal Code related to the order of business and addressing the council.
SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-1045 order of business & addressing council.pdf
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28 ORDINANCE NO. 24-1045
AN ORDINANCE OF THE CITY OF SUSANVILLE
AMENDING SECTION 2.04.070 and 2.04.160 OF THE
SUSANVILLE MUNICIPAL CODE REGARDING CITY COUNCIL MEETING AGENDA ORDER
OF BUSINESS AND ADDRESSING THE COUNCIL
The City Council of the City of Susanville does ordain as follows:
Section 1:
Section 2.04.070 of the Susanville Municipal Code is hereby amended to provide as follows:
Section 2.04.070. Agenda – Order of business.
A. All reports, communications, ordinances, contract documents or other matters, including basic fact and matters pertinent thereto which have been submitted for the agenda should be distributed to the city council no later than five p.m. of Friday before any Wednesday meeting or seventy-two (72) hours prior to any council meeting, whichever is shorter. Upon distribution to the council, the agenda materials shall become public records available to the public, except for confidential legal opinions and closed session materials. The agenda shall be posted in accordance with Government Code Section 54954.2.(a).
B. The business of the council shall be taken up for consideration and disposition in the following order:
1. Call meeting to order;
2. Roll call;
3. Approval of the agenda;
4. Public comment regarding closed session items (if any):
5. Closed session;
6. Return to open session;
7. Recess if necessary
8. Reconvene in open session at 7:00p.m. 5:00 p.m.;
9. Pledge of allegiance;
10. Invocation;
11. Proclamations, awards or presentations by the city council;
12. Business from the floor;
13. Consent calendar;
14. Public hearings;
15. Council items;
16. New business;
17. Susanville community development agency;
18. Susanville municipal energy corporation;
19. Continuing business;
20. City administrator’s manager’s reports;
21. Council items;
22. Adjournment.
The regular order of business may be changed or suspended for any purpose at any particular meeting by the mayor with the consent of the majority of the councilmembers present. 84 1
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28 Section 2:
Section 2.04.160 of the Susanville Municipal Code is hereby amended to provide as follows:
Section 2.040.160. Addressing the council.
A. Any person desiring to address the council shall first obtain permission of the mayor. Unless the mayor rules otherwise, any person shall have the right to address the council upon obtaining recognition from the mayor to speak subject to the following:
1. Public Hearings. Interested persons or their authorized representative may address the council orally or in writing relating to matters which are then subject to a public hearing.
The order of presentation and the time thereof shall be under the direction and control of the mayor.
2. Written Communications. Interested parties or their authorized representatives may address the council by written communication with regard to matter with which they are concerned and are then the subject of council discussion. When copies of such communications are furnished each councilmember present, such written communication shall not be read aloud at the meeting unless so ordered by a majority vote of the Council. Written communications from the administrative staff shall not be read aloud unless requested by the writer or any councilmember.
3. Oral Communications.
a. Any person may address the council by oral communications with regard to any cityrelated matters with which such person is concerned and is then the subject of council discussion. Preference shall be given to those persons who have first notified the city in writing of their desire to speak.
b. Each person addressing the council shall speak into the microphone at the speaker’s podium when the same are in use, shall state his or her name and address in an audible tone of voice for the record, and unless further time is granted by the mayor, shall limit the address to five three minutes. All remarks shall be addressed to the council as a body, and not to any member thereof. No person other than the council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the mayor. No person shall address or question a councilmember, the city attorney, the city administrator manager, or other official without the prior consent of the mayor.
4. Except for public comments under “business from the floor”, the mayor shall not permit any communication, written or oral, to be made or submitted unless such communication addresses the agenda item then under discussion.
B. After a motion is made by a councilmember, no person shall address the council without first securing the permission of the mayor and council to do so.
C. Anonymous communications shall not be considered, nor placed on the agenda.
D. When any identifiable group of persons, as opposed to the general public at large, wishes to address the council on the same agenda item, the mayor shall have the discretion to request that a spokesperson be chosen by said group to address the council. If additional issues are to be presented at the hearing by any other member of such group, the mayor may limit the 85 1
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28 number of persons and the time periods to address the council, so as to avoid unnecessary repetition of issues before the council.
Section 3.
The City Clerk shall, within fifteen days after its passage, cause this ordinance to be published at least once in the Intermountain News, a newspaper of general circulation, published and circulated within the city.
INTRODUCED at a regular meeting of the City Council of the city of Susanville, California, on the 16th day of October 2024, and adopted at a regular meeting of the City Council of the City of Susanville, California, on the 6th day of November 2024.
APPROVED: _____________________
Mendy Schuster, Mayor
ATTEST: _____________________
Heidi Whitlock, City Clerk
The foregoing ordinance was adopted at a regular meeting of the City Council of the City of Susanville, held on the 6th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: ____________________________
Margaret Long, City Attorney
86 AGENDA ITEM NO. 13.A
Discussion Item
Submitted By: Heidi Whitlock, City Clerk
Action Date: November 6, 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:
87 AGENDA ITEM NO. 14.A
Discussion Item
Submitted By: Heidi Whitlock, City Clerk
Action Date: November 6, 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:
241106.FutureItemsList.pdf
88 8/7/2024 Request made to place trash receptacles at Inspiration Point 8/7/2024 Request for discussion regarding gas pricing in the city 9/18/2024 Request to bring back an ARPA discussion item due to the Elk's Lodge no longer accepting the funds - IN PROGRESS
9/18/2024 Request to have the council review and possibly update the priorities 9/18/2024 Request to bring back scope of work for the Wingfield Clubhouse improvements 9/18/2024 Request to discuss a Master Plan for the Barry Reservoir area 8/21/2024 Request to bring back a resolution related to natural gas purchases at 80% 8/21/2024 Request to bring back discussion to disolve the planning commission 9/4/2024 Request to discuss Barry Reservoir Project
9/4/2024 Request to discuss old clubhouse updates
9/4/2024 Request to discuss dissolving of Planning Commission 9/18/2024 Planning Commission discussion item to be brought back on October 16, 2024 LAST THREE MONTHS (8/6/2024 to current)
BUSINESS FROM THE FLOOR
Council requested - FUTURE COUNCIL ITEMS
Completed List Items
89