“Our mission is to maintain the character of our “small town” community while striking an appropriate balance between economic development and preservation of our quality of life. We help create a dynamic and vital City by providing quality, cost-effective municipalservices and by forming partnerships with residents and organizations in the constant pursuit of excellence.”
Page Item STANDING AGENDA ITEMS
1. Call to Order and Flag Salute
2. Roll call
3. Special Presentations: None
4. Public Comment:
This time is set aside for citizens to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an agenda item noted on the regular agenda, please address the Council when that item is open for public comment.
Each speaker is allocated three (3) minutes to speak. Speakers may not cede their time. Comments should be limited to matters within the jurisdiction of the City. Council discussion or action cannot be taken on items not listed on the agenda other than to receive comments. If you have documents to present to members of Council, please provide a minimum of seven (7) copies to the Deputy City Clerk. Email Comments may be submitted to the City Clerk’s Office ([email protected]). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council prior to the meeting. These items will NOT be read into the record.
5. Council and Staff Comments
6. Committee Updates:
a) Downtown Enhancement Advisory Committee
b) Library Tax Advisory Committee
c) Beautification Committee
d) Active Transportation Committee
Mt. Shasta City Council Regular Meeting Agenda
Monday, May 8, 2023, 5:30 p.m.
This meeting will be presented in a hybrid format and can be attended in two ways:
In-Person at the Mt. Shasta City Park Upper Lodge, 1315 Nixon Rd. Mt. Shasta, CA OR
Online at the following link:
MountShasta.22Ave.tv
For the safety of our staff, the council, and public, we are no longer allowing members of the audience to carry large bags, backpacks, or other items outside of small personal items such as purses or satchels. Only service animals are allowed inside council chambers; nonservice pets are not allowed under any circumstances. Violators will be asked to remove the bag and/or animal, and refusal to do so will be cause for removal from the meeting.
Mt. Shasta City Council Regular Meeting May 8, 2023 1
Mt. Shasta Regular City Council Meeting Agenda
Monday, May 8, 2023
CITY COUNCIL BUSINESS
All Resolutions and Ordinances on this agenda, or added hereto, shall be introduced or adopted, as applicable, by title only, and the full reading thereof is hereby waived. a. Approval of Minutes: April 24, 2023 Regular City Council Meeting b. Approval of Disbursements: Accounts Payable 4/25/2023; Total Gross Payroll and Taxes: For Periods Ending 4/16 and 4/30/2023
c. Monthly Police Department Report: April 2023
Background: In May of 2017 a City Council resolution was approved for an on-street pilot parklet program which was in effect for a period of five months. The intent of this initial program was to allow businesses the opportunity to construct, operate, and maintain outdoor parklets, and allow the City the opportunity to evaluate how well the Parklet Program worked and then establish objective criteria for the development of a permanent ordinance if desired by Council. Within the last year, Council has expressed the desire to develop and adopt a permanent Parklet/Outdoor Dining Ordinance. A draft version of the Ordinance was written to better define the design parameters of the program.
Report By: Todd Juhasz, City Manager
Recommended Council Action: Approve the first reading of Ordinance CCO-23-XX, Chapter 19.03 of the Mt. Shasta Municipal Code, Parklet Dining, by title only, and move it to a second reading and adoption.
Solid Waste
Background: Staff was directed by Council to address the issue of dumping household and business refuse into the city provided trash cans in the downtown business district. The proposed amendment to Mount Shasta Municipal Code Section 6.04. would add section (B) and would make it an infraction to throw or deposit household and business trash into the city provided trash cans.
Report By: Robert Gibson, Chief of Police
Recommended Council Action: Staff respectfully requests the City Council approve the first reading of CCO-23-XX amending Mount Shasta Municipal Code Section 6.04, by title only, and to move it to a second reading.
Maintenance of Sidewalks
Background: Staff has been directed to make amendments to the current MSMC section 12.08 regarding repair and maintenance of sidewalks. Staff will present the proposed changes to the Municipal Code.
Report By: Robert Gibson, Chief of Police
Recommended Council Action: Staff respectfully requests the City Council approve the first reading of CCO-23-XX amending Mount Shasta Municipal Code Section 12.08, by title only, and to move it to a second reading.
Mt. Shasta City Council Regular Meeting May 8, 2023 2
4-28
29-38
39-41
42-44
Mt. Shasta Regular City Council Meeting Agenda
Monday, May 8, 2023
Background: The City has been awarded Proposition 64 public health and safety grant funding. The grant funding will continue to fully fund the community service officer position as well as an entry level police officer position through 2028. The new grant funding also fully funds one additional police officer position to be assigned to the North State Major Investigation Team (NSMIT). Council approval is required for the additional officer position.
Report By: Robert Gibson, Chief of Police
Recommended Council Action: Staff respectfully requests the City Council approve CCR-23-XX, the authorization of a seventh (7) officer position as required by Proposition 64 Cohort 3 grant award.
CITY COUNCIL/STAFF REPORTING PERIOD
12. Reports Re: Outside Meetings: None
13. Future Agenda Items and Meetings (Appearing on the agenda within 60-90 days):
a. Housing Element – 5/22/2023
b. Budget – 5/22/2023
c. Vacation of Field Street – TBD
d. Discussion and Possible Action: McCloud Avenue Parking Prohibition – TBD Future Agenda Items Over 90 Days:
e. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
14. Adjourn
I, Kathryn Joyce, declare under penalty of perjury that this agenda has been posted at least 72 hours in advance at the Mt.
Shasta City Hall, 305 N. Mt. Shasta Blvd, Mt. Shasta, CA, in the glass case and on the City website at www.mtshastaca.gov.
Agendas and packets shall be made available at least 72 hours in advance of regular meetings and 24 hours in advance of special meetings on the City’s web site. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting shall be made available on the City’s web site www.mtshastaca.gov.
Availability of Public Records: All public records related to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at City Hall located at 305 North Mt. Shasta Blvd.
The City of Mt. Shasta does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or provision of services. In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at 530-326-7516 or [email protected] as soon as possible.
Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.
Mt. Shasta City Council Regular Meeting May 8, 2023 3
45-46
Mt. Shasta City Council Regular Meeting DRAFT Minutes
Monday, April 24, 2023; 5:30 p.m.
City Park Upper Lodge 1315 Nixon Road, Mt. Shasta
Meeting allowed for virtual attendance via ZOOM
“Our mission is to maintain the character of our “small town” community while striking an appropriate balance between economic development and preservation of our quality of life. We help create a dynamic and vital City by providing quality, cost-effective municipal services and by forming partnerships with residents and organizations in the constant pursuit of excellence.”
STANDING AGENDA ITEMS
1. Call to Order and Flag Salute: At the hour of 5:31 p.m. Mayor Clure called the meeting to order and led the audience in the flag salute.
2. Roll Call:
Council Members Present: Clure, Collings, Stearns, Redmond, Stackfleth Council Members Absent: None
3. Special Presentations:
a. Kerry Molz, Cal Tranz: Review of I-5 Reconstruction Project
4. Public Comment:
David Ream – Comments regarding previous Council meetings, first amendment rights, service dogs, agenda language.
Tracy Costello – Comments regarding potholes, electric cars, road maintenance, gas tax.
Johanna Altorfer – Comments regarding future I-5 construction noise, suggestions for buffer.
Michael Williams – Comments regarding sidewalks and road treatments to support pedestrian and bicycle traffic.
5. Council and Staff Comments:
Todd Juhasz, City Manager – Update on Enhanced Infrastructure Finance District project and meeting with the County. Update on receivership process and the old hospital. Comments regarding the draft Housing Element process, November election, and Golden Eagle project appeal.
Robert Gibson, Chief of Police – Review of police and fire chief’s meeting topics, comments regarding award of Prop 64 grant.
Tessa Clure, Mayor – Comments regarding fuel reduction project at the Roseburg property, police presence in town, and League of Local Agencies meeting.
Clarifying questions from Council.
6. Committee Updates: None
a) Downtown Enhancement Advisory Committee
b) Library Tax Advisory Committee
c) Beautification Committee
d) Active Transportation Committee
CITY COUNCIL BUSINESS
Mt. Shasta City Council Regular Meeting May 8, 2023 4
City of Mt. Shasta Regular City Council Meeting Minutes Monday, April 24, 2023
7. Consent Agenda:
COUNCIL ACTION: Approved the following Consent Agenda items. All Resolutions and Ordinances on this agenda, or added hereto, shall be introduced or adopted, as applicable, by title only, and the full reading thereof is hereby waived.
a. Approval of Minutes: April 3, 2023 Continued and Special Meeting, April 10, 2023 Special and Regular City Council Meetings
b. Committee Minutes: Beautification Committee March 15, 2023 c. Approval of Disbursements: Accounts Payable 4/11, 4/18, and 4/19/2023; Total Gross Payroll and Taxes: For Period Ending 4/2/2023
d. Second Reading and Adoption of Ordinance CCO-23-03, an Amendment to Ordinance 18.91:
Cannabis Industry Land Use
MOTION TO APPROVE: Stackfleth
SECOND: Redmond
AYES: Redmond, Stearns, Collings, Stackfleth, Clure
NOES: None
ABSENT: None
ABSTAIN: None
8. Public Hearing: First Reading of Ordinance CCO-23-XX, Chapter 19.03 of the Mt. Shasta Municipal Code, Parklet Dining
Todd Juhasz, City Manager – Review of proposed ordinance, history of parklets in the City, proposed construction requirements, sidewalk clearance, regulations.
Clarifying questions from Council.
Public Hearing Open: 6:22 p.m.
David Ream – Comments regarding terminology in the draft ordinance, expressing concern regarding various aspects of the proposed ordinance.
Public Hearing Closed: 6:26 p.m.
Clarifying questions from Council and discussion.
COUNCIL ACTION: Continue the item to the May 8th City Council meeting.
MOTION TO APPROVE: Stackfleth
SECOND: Redmond
AYES: Redmond, Stearns, Collings, Stackfleth, Clure
NOES: None
ABSENT: None
ABSTAIN: None
9. Staff Report: Sidewalk Program
Robert Gibson, Chief of Police – Review of suggested sidewalk program and ordinance changes.
Todd Juhasz, City Manager – Comments regarding State law and the City Municipal Code.
Robert Gibson, Chief of Police – Continued review of suggested changes, noticing and appeal process.
Clarifying questions from Council.
Peggy Risch – Comments regarding the proposed timelines, concern regarding financial burden on residents.
Johanna Altorfer – Comments regarding the timeline, snow, penalties, cost of repair, notification process, fees.
Vicki Gold – Comments expressing concern regarding penalties; suggested alternatives.
Council and staff discussion.
COUNCIL ACTION: Staff directed by Council.
10. Reports Re: Outside Meetings: None
Mt. Shasta City Council Regular Meeting May 8, 2023 5
City of Mt. Shasta Regular City Council Meeting Minutes Monday, April 24, 2023
11. Future Agenda Items (Appearing on the agenda within 60-90 days):
COUNCIL ACTION: Reviewed items a through g. Items added: Ballot measures, garbage ordinance amendment.
a. 2023/2024 Budget – 5/8/2023
b. Authorization for a Seventh Police Officer Position – 5/8/23 c. Housing Element – 5/22/2023
d. Vacation of Field Street – TBD
e. Discussion and Possible Action: McCloud Avenue Parking Prohibition – TBD f. Sidewalk Ordinance - TBD
Future Agenda Items Over 90 Days:
g. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
12. Adjourn: There being no further business, the meeting was adjourned at 7:28 p.m.
Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk Mt. Shasta City Council Regular Meeting May 8, 2023 6
City Council Agenda Item #7b
Staff Report
Meeting Date: May 8, 2023
To: Mayor and City Council
From: Muriel Howarth Terrell, Finance Director
Subject: Approval of Warrants and Payroll
Recommendation:
Staff requests the Mayor and City Council Approve warrants paid including payroll benefits and withholding, and payroll distribution, in the amount of $402,869.07.
Background & Summary:
Approval of Check Numbers 50317-50358 $ 109,940.52
Total Payroll Distribution $ 169,285.76
Total EFTPS – CalPERS, Nationwide $ 46,729.31
Total Payroll EFTPS Taxes $ 76,913.48
$ 402,869.07
Financial Impact:
Expenditures are consistent with the Budget that the City Council has adopted.
Attachments:
1.) Check Registers – 4/25/23
2.) ACH Payroll Distribution - 4/20/23, 5/3/23
3.) EFTPS Reports – 4/20/23, 5/3/23
Regular
x Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting May 8, 2023 7
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Mt. Shasta City Council Regular Meeting May 8, 2023 18
Department Statistics
Calls for Service April 2022 April 2023 Change
812 678 -16.5%
Cases Taken April 2022 April 2023 Change
78 43 -31.48%
Arrests Made April 2022 April 2023 Change
32 19 -40.62%
812 906 848
980 942 1006
848
647 571 667 707
548
678
0 200
400
600
800
1000
1200
Calls for Service
Calls for Service
78 70
93 103
82 77
98 36 36 53 51 37 43
0 50
100
150
Cases Taken
Cases Taken
32 22
36 45
38 28 28
15 16 15
24 10
19 0
10 20
30 40
50 Arrests Made
Arrests Made
Mt. Shasta City Council Regular Meeting May 8, 2023 19
Warrant Arrests April 2022 April 2023 Change
9 6 -33.33%
Top 5 Calls
April 2022 April 2023
Check Business 40 Out w/a Vehicle 26
Out w/a Vehicle 24 Outside Assist 25
415-Disturbing the Peace 22 Alarm 24
Public Assist 22 Out w/a Person 17
Medical 22 Medical 15
9 6
7 5
4 6
4 4
2 4 4
2 6
0 2
4 6
8 10
Warrant Arrests
Warrant Arrests
0 5 10 15 20 25 30 35 40 45
4/1/2022
5/1/2022
6/1/2022
7/1/2022
8/1/2022
9/1/2022
10/1/2022
11/1/2022
12/1/2022
1/1/2023
2/1/2023
3/1/2023
4/1/2023
Yearly Top 5 Calls April 2022-2023
Column1 Animal Complaint Disturbing the Peace
Suspicious Circumstances Suspicious Vehicle Suspicious Person Mt. Shasta City Council Regular Meeting May 8, 2023 20
Crime Statistics
Crimes
April 2022 April 2023 Change April 2022-April 2023
Yearly Total
Assault – Physical 5 2 -60% 50
Assault – Verbal 1 0 -100% 2
Disturbing the Peace 22 12 -45.5% 262
Domestic Disturbance 2 1 -50% 24
Domestic Violence 1 1 0% 19
Fraud 3 0 -100% 18
Public Intoxication 9 2 -77.77% 71
Stolen Vehicle 2 2 0% 14
TC Hit & Run 4 0 -100% 26
Theft from Vehicle 0 0 -100% 0
Theft – Grand 0 1 +100% 12
Theft – Petty 8 1 -87.5% 52
Theft – Shoplifting 3 0 -100% 1
Trespassing 15 14 -6.66% 216
Vandalism 2 2 0% 50
5 3
5 6
3 8
5 0
2 5
2 4
2 0
5 10
Assault - Physical
Assault - Physical
1 0
1 0 0 0 0 0 0 0 0 0 0 0
0.5 1
1.5 Assault - Verbal
Assault - Verbal
22 39 35 28 28 34
16 9 7 7 13 12 12
0 20
40 60
Disturbing the Peace
Disturbing the Peace
Mt. Shasta City Council Regular Meeting May 8, 2023 21
2 3
5 1 1
2 4
2 2
1 0 0
1 0
2 4
6 Domestic Disturbance
Domestic Disturbance Column1
1 1
2 3
4 2
1 0
1 1
2 0
1 0
2 4
6 Domestic Violence
Domestic Violence
3 4
2 1
0 2
1 0
2 2
0 1 0 0
2 4
6 Fraud
Fraud
9 10 12 11
4 4 2 3 3 2
6 3 2 0
5 10
15 Public Intoxication
Public Intoxication
2 0 0
1 4
0 0
2 1
2 0 0
2 0
2 4
6 Stolen Vehicles
Stolen Vehicles
Mt. Shasta City Council Regular Meeting May 8, 2023 22
4 3 3
1 2
1 1 1
4 3
2 1 0 0
2 4
6 Traffic Collisions - Hit & Run
Traffic Collisions - Hit & Run
0 0 0 0 0 0 0 0 0 0 0 0 0 0
0.5 1
Theft from Vehicle
Theft from Vehicle
0 1 1
5 0 0
1 1
0 1
0 1 1 0
2 4
6 Theft - Grand
Theft - Grand
8 4 5
9 0
10 5 3 1 2 3
0 1 1
5 10
15 Theft - Petty
Theft - Petty
0 0 0
1 0 0 0 0 0 0 0 0 0 0
0.5 1
1.5 Theft - Shoplifting
Theft - Shoplifting
Mt. Shasta City Council Regular Meeting May 8, 2023 23
15 30 27
20 27 26
15 11
6 106
9 14
0 20
40 Trespassing
Trespassing
2 3
6 12
2 1
3 11
11 33
2 05
10 15
Vandalism
Vandalism
Mt. Shasta City Council Regular Meeting May 8, 2023 24
Traffic Summary
April 2022 April 2023 Change
Traffic Stops 122 114 -6.55%
Traffic Citations Issued 23 12 -47.82%
Traffic Collisions
April
2022
April
2023
Change April 2022-April 2023
Yearly Total
TC – DUI 0 0 0% 1
TC – Hit & Run 4 0 -100% 28
TC – Info Exchange 3 2 -33.33% 57
TC - Injury 1 1 0% 15
Total 8 3 -62.5% 101
122 119 102
142
117
223
173 154
125
97 128
62 114
23 22 27 26 28 22 19 18 12 8 15 4 12 0
50 100
150
200
250
Traffic Stops
11-95 Traffic Citations Issued
0 0 0 0 0 0 0
1 0 0 0 0 0
4 3 3
1 2
1 1 1
4 5
2 1
0 3 3
5 3 3
6 1
8 3
2 9 9
2 1
0 1
2 2
3 1
3 1
0 0 0
1 0
1 2
3 4
5 6
7 8
9 10
Traffic Collisions
TC - DUI Hit & Run TC - Info Exchange TC - Injury
Mt. Shasta City Council Regular Meeting May 8, 2023 25
DUI Summary
April 2022 April 2023 Change
DUI Complaints NA NA NA
DUI Arrests 4 2 -50%
* DUI Complaints no longer tracked in new CAD system as of 11/01/2022.
Patrol Information
Foot Patrol
April 2022 April 2023 Change April 2022-April
2023 Yearly Total
91 30 -52.74% 610
Frequent foot patrol areas include:
• City Park
• Shastice Park
• Downtown Mount Shasta
• Roseburg Property
• Behind commercial business
such as Ray’s Food Place, the
Cinema, and Rite Aid
• Dense brush areas in multiple
residential areas.
Municipal Summary
4 2
10 12
10 2
6 6
4 7
5 2 2
0 5
10 15
DUI Summary
DUI Complaints DUI Arrests
91 76
58 69
41 45 41 33 21 33 42 30 30
0 50
100
Foot Patrol
Foot Patrol
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Municipal Calls for Service
April 2022 April 2023 April 2022-April 2023
Yearly Total
Muni Code – Other 10 4 73
Muni Code - Parking 11 2 90
Total 21 6 163
LiveScans April 2022 April 2023
18 14
Court Activity
10 5
7 7
10 7
3 4
1 3
8 4 4
11 8
14 13 13
8 4
6 3
0 4 4
2 0
5 10
15 Municipal Calls for Service
Muni Code - Other Muni Code - Parking
1 1 1 0 2
5 6 4 2 2 1 3 2 0
10 Court Activity
Court Activity
Mt. Shasta City Council Regular Meeting May 8, 2023 27
Social Media
Facebook
Followers Posts Reach Engaged Users Reactions
10,644 12 74,162 10,477 1683
Twitter
Followers Tweets Impressions Mentions
394 0 163 2
Instagram
Followers Posts Likes
2056 6 115
Nextdoor
Posts Impressions Reactions
0 0 0
Mt. Shasta City Council Regular Meeting May 8, 2023 28
Agenda Item # 8
Staff Report
Meeting Date: May 8th, 2023
To: City Council
From: City Manager
Subject: First Reading: Parklet/Outdoor Dining Ordinance Recommended Action:
Motion to approve the first reading of CCO-23-XX, which establishes a Parklet/Outdoor Dining Ordinance for the City of Mt Shasta, by title only.
Background:
In May of 2017 a City Council resolution was approved for an on-street pilot parklet program which was in effect for a period of five months. The intent of this initial program was to allow businesses the opportunity to construct, operate, and maintain outdoor parklets, and allow the City the opportunity to evaluate how well the Parklet Program worked and then, establish objective criteria for the development of a permanent ordinance, if desired by Council.
As business started opening back up from the pandemic closure, City Council members expressed interest in assisting businesses, specifically restaurants, in allowing them to participate in the parklet program. Two parklets were opened with encroachment permits, under guidelines provided by the City for construction and operation.
Within the last year, Council has expressed the desire to develop and adopt a permanent Parklet/Outdoor Dining Ordinance, with more explicit design guidelines for outdoor dining structures in order to ensure the safe flow of traffic, to protect pedestrians, and to ensure that Public Works is able to maintain the right of way. The draft version of the Ordinance under review was written in an attempt to better define the design parameters that encapsulate the aforementioned issues.
The draft ordinance was reviewed by Council on April 24th. Comments were noted and have been incorporated into the draft to be discueed at the May 8th City Council meeting.
X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting May 8, 2023 29
1 ORDINANCE CCO-23-XX
AN ORDINANCE OF THE CITY OF MT. SHASTA
ADDING CHAPTER 19.03 TO THE MUNICIPAL CODE
DEALING WITH PARKLET DINING
The City Council of the City of Mt. Shasta does hereby ordain as follows:
Chapter 19.03
Parklet Dining
19.03.010 Purpose.
The purpose of this chapter is to provide the conditions and requirements under which businesses may be allowed to construct, operate, and maintain outdoor Parklets within the City.
19.03.020 Definitions.
(A) “Parklet” means a temporary, non-permanent platform constructed within the traveled portion of right-of-way that replaces one or more parallel, perpendicular, or diagonal parking space(s) and all associated furnishings. A platform may be built to bring the grade of the sidewalk out into the street. Once the platform is installed, furnishings such as tables, chairs, benches, bike parking, and/or landscaping may be placed on the platform. (B) “Sidewalk Café” means outdoor dining, with all associated furnishings, located on a public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the café.
(C) “On Street Dining” means a parklet located within the parking lane of a public street immediately adjacent to the indoor restaurant which operates the dining area. (D) “Temporary Street Closures” means the closure of part or all of the travel lane(s) of a public street adjacent to participating businesses for a limited period of time. (E) “Private Parking Lot Extension” means the extension of a business’ operations into a private parking lot adjacent to the business operating the extension. (F) “Fixture” means any object permanently attached to a property by way of bolts, screws, nails, glue, cement, or other means.
19.03.030 Limitations.
A. Eligible Areas:
Mt. Shasta City Council Regular Meeting May 8, 2023 30
2 Areas adjacent to commercially zoned properties within the City limits of Mt. Shasta on the East and West sides of South Mt. Shasta Blvd from Sisson Street to Lake Street, continuing from Lake Street North to Alma Street. Additionally, Parklets will be allowed adjacent to Commercially zoned properties on the East and West sides of Chestnut Street from Mt. Shasta Blvd to Alma Street and Castle Street between Alder and Maple.
B. Location Limitations
No Parklet shall be approved within one parking space’s distance (15’) from a corner or intersection unless a protective bollard or another similar feature is installed and approved by the City.
The Parklet Program limits the number of allowed Parklets within specified area as follows:
1. South Mt Shasta Boulevard: From Sisson Street to the intersection with Lake Street; two Parklets per City block on either side of the street
2. North Mt Shasta Boulevard: From the intersection with Lake Street to the intersection with Alma Street; five Parklets per City block on either side of the street
3. Chestnut Street: From the intersection with South Mt Shasta Boulevard to Alma Street; five parklets per City block on either side of the street C. Traffic Limitations
1. Parklets may be permitted on active public streets with a speed limit of 25 miles per hour or less.
2. Parklets must be at least 15 feet from any street corner or intersection, and 15 feet from any active driveway connection, unless it is determined by the City that a lesser setback will provide the appropriate visibility for drivers exiting and entering the driveway.
3. Traffic barriers are required when the edge of a parklet is exposed to oncoming traffic and is not protected by an adjacent parking stall.
D. Utilities and Public Safety
1. Parklets must be placed to maintain access to all surface utilities such as sewer manholes, water meter boxes, water valve covers, and underground vaults at all times.
2. Parklets must provide at least 7.5 feet of clear access to all fire hydrants and Fire Department connections.
3. Prior to Planning Commission Approval, the Public Works Director and/or City Engineer must evaluate the traffic conditions altered by the construction of the Parklet. Once approved, the applicant must apply for an encroachment permit and provide proof of insurance consistent with City requirements.
Mt. Shasta City Council Regular Meeting May 8, 2023 31
3 19.03.040 Application Procedure.
Businesses located within designated areas may apply for a Parklet Permit and an Encroachment Permit following the review and approval by the City Planning Commission. Applications shall be submitted to the City Planning Department and shall contain, at a minimum, the following information:
A. A brief description that includes the name of the business, a description of the proposed Parklet, and the number of seats.
B. Initial site plan showing the proposed outdoor Parklet space drawn to scale including sidewalk clearance requirements, elevations, furniture, and handicap access.
C. Final construction documents that show parklet location and elevations from all sides, sections or cut-through drawings of the design, and construction details for the assembly.
D. Submission of color photos, renderings, and materials to be used in the construction of the Parklet with specific detail on the materials to be used in the Parklet barriers.
E. Encroachment, Parklet Permit Applications, proof of insurance naming the City as additionally insured at an amount consistent with City policy.
F. Submission of letters of support from property owners adjacent to and fronting the proposed Parklet project. At a minimum, applicant should submit copies of correspondence demonstrating that property owners have been notified.
19.03.050 Permit Duration.
Parklet Permits and Encroachment permits will be issued for a 12-month period and must be renewed annually. The City may deny the extension of the permit if existing conditions change or are confirmed to be imminently scheduled to change in the general area and the parklet is no longer able to meet the published requirements when requesting renewal. Permits may also be denied if the applicant is found to be consistently non-compliant with any element of their permit. Permits are non-transferrable without written consent from the City.
19.03.060 Design and Operational Requirements for all Parklets.
Parklets must be constructed to sit securely on existing surfaces without any anchors or excavated footings and be designed for easy removal. In addition, Parklets shall include the following design and operational considerations.
A. Parklets must comply with all ADA requirements.
B. If an applicant intends to serve alcohol in the Parklet, State Alcohol and Beverage Control Department authorization shall be secured by applicant/owner prior to commencement of Parklet construction.
C. Federally mandated sidewalk clearances for continuous pedestrian/handicapped access along the public sidewalk shall be provided. Measured from the exterior of the building Mt. Shasta City Council Regular Meeting May 8, 2023 32
4 to the edge of curb or any permanent pole, hydrant, tree, planter or any other obstruction, the minimum clearance distance to be maintained shall be sixty inches. The City may require additional distance where warranted.
D. Parklets must comply with all storm water and drainage requirements. Parklets shall not impede the flow of drainage.
E. Parklets shall be located at least one parking space or 15 feet away from an intersection or street corner.
F. Parklets shall not extend more than 6 feet into parallel parking stalls.
G. Parklets shall be flush mounted with the adjacent curb.
H. Parklets shall not be located within fifteen feet of a driveway.
I. Parklets should be designed for easy removal.
J. Parklets shall install 36 - inch guideposts with reflective elements between corner ends of the Parklet facing the street.
K. Bolting and penetrating the surface of the street in any way is not allowed.
L. Exterior edges must be a minimum of 36 inches tall. Exterior edges may be a fixture, planter, or bench.
M. Landscaping such as hanging plants, potted plants, small bushes, flowers, vines may be provided within the Parklet to the satisfaction of the Planning Commission.
N. Planters shall not be permanently affixed to the public right of way or parking areas.
Plants within the planter shall be maintained in a way that does not interrupt traffic or pedestrian access.
O. Lighting is required at night. All lighting must be downward facing and be turned off outside of operating hours.
P. Business identification signs shall be in conformance with the City’s approved sign ordinance.
Q. Hours of operation for Parklets shall be limited to 7:00 AM to 10:00 PM.
R. Any furnishings which are not secured to the Parklet shall be removed daily at close of business and must be labelled as property of the business.
S. Subject to City approval, the owner of a Parklet may make improvements to the public sidewalks such as repairing the concrete, patching holes or cracks, installing pavers and generally improving the quality and appearance of the surface.
T. Separate electrical and plumbing permits are required for any temporary wiring or plumbing connections.
U. Maintenance, leaf litter, cinders, and litter removal is the responsibility of the applicant/owner. Failure to maintain the Parklet may result in the revocation of the permit and/or issuance of a noncompliance administrative fee of $100 dollars per day.
V. Extended lack of use, more than two weeks, may result in the revocation of the permit.
19.03.070 Design Evaluation.
The following evaluation criteria will be used to evaluate the design of Parklet applications.
Mt. Shasta City Council Regular Meeting May 8, 2023 33
5 A. Design Quality:
The quality and creativity of the design; the quality and durability of proposed materials and furniture.
B. Streetscape Enhancement:
How the proposed Parklet will enhance the aesthetic quality of the streetscape.
The City of Mt. Shasta reserves the right to adjust these requirements and standards as necessary to respond to existing conditions on a case-by-case basis.
19.03.080 Design Standards for all Parklets.
A. All outdoor dining areas
1. Must maintain a minimum 4-foot distance between tables and chairs.
2. Must maintain pedestrian and traffic safety and access.
3. Must maintain a clear path of travel to public utilities, fire hydrants, building entrances, crosswalks, and transit stops.
4. Must maintain ADA standards on City sidewalks and paths of travel to and from businesses.
B. Parklet decking must be designed such that the Parklet has a vertical lip of no more than ¼ inch as it connects to the curb and may not have more than a ½ inch gap from the curb.
The submitted design must demonstrate that the deck is compliant with ADA accessibility requirements.
C. The Parklet design may include vegetation in the form of planters.
D. All rails must be capable of withstanding a 200 – lb. horizontal force.
E. Design must maintain a minimum 5-foot clear pedestrian through – zone in the sidewalk corridor.
F. Parklet footprint: parallel parking. Twenty-four (24”) inch setback on either end of the Parklet, adjacent to parallel parking, and to the roadway shall be maintained. Wheel stops may be used but are not required. If proposed, wheel stops will be installed by the applicant and inspected by the City after final facility construction is complete.
G. Parklet footprint: diagonal parking. For diagonal parking and perpendicular parking spaces, the edge of the Parklet must be setback eighteen (18”) inches from the adjacent parking space on either side. This setback space must be included within the Parklet space and not taken from the adjacent spaces.
H. Parklet design must include a physical barrier along the street while maintaining clear visual sightlines to the street. Vertical elements, such as planters and umbrellas, should be included so that the facility is visible to vehicles.
I. To protect a Parklet in a parallel parking space from parking maneuvers, substantial planters, weighted bollards, or other structures that can withstand light vehicular impact, must be installed on either end of the Parklet and at the street edge. Parklets in diagonal parking spaces are not required to have such substantial edge materials, except for the Mt. Shasta City Council Regular Meeting May 8, 2023 34
6 side and corners at the street edge. Additional traffic safety items may be added to the final design by City Staff.
J. Establishments with less than 20 tables total must make one table ADA accessible.
Establishments with more than 20 tables total, must make 5% of the tables ADA accessible.
K. Surface materials: Loose particles, such as sand or loose stone, are not permitted on the Parklet. A non-slip surface is required.
L. The Parklet platform may not be attached to or damage the street and must be easily assembled and disassembled. Any damage to the street is the responsibility of the applicant.
M. The Parklet platform must be designed to allow for curb line stormwater drainage and include a minimum twelve (12”) inch gutter bar. The Parklet platform must be designed to not allow debris to collect under the deck.
N. The Parklet platform must be designed to accommodate the crown and the cross slope of the street surface.
O. All plans must clearly articulate the spans and supports to be used for the body of the Parklet.
P. Roof structures, canopies, covers are permitted in Parklets.
Q. Applicants proposing overhead structures or other architectural features that may catch wind must demonstrate that the structures can withstand wind loads specified by the Building Inspector. Applicants must demonstrate that said structures and canopies pose no risk to the surrounding neighborhood during storms or other instances of severe weather conditions. The Building Inspector may require the plans for overhead structures like canopies to be stamped by an engineer to ensure they are designed in accordance with building code wind criteria.
R. Any proposed overhead structure or other architectural feature shall not be designed to concentrate stormwater runoff unless with an approved collection system approved by the Building Inspector in accordance with Building Code criteria.
S. Applicant proposing a cover must demonstrate that visual obstruction to adjacent businesses, both storefronts and identifying signage is minimalized.
T. Umbrellas are permitted; adjacent line of sight must be maintained and the umbrellas must be contained within the Parklet. Umbrellas must have a maximum diameter of 8 feet.
U. Food preparation in parking lots or public right of ways is prohibited V. Outdoor heating, cooking, or open flames are prohibited.
W. Portable outdoor gas-fired heating appliances, such as propane heaters:
1. Shall be located at least five (5’) feet from buildings; and
2. Shall not be located beneath or closer than 5 feet to combustible overhangs, sunshades, or similar combustible attachments to the building or Parklet.
19.03.090 Sidewalk Cafes.
Mt. Shasta City Council Regular Meeting May 8, 2023 35
7 In addition to all general parklet requirements and design elements of this chapter, omitting those related to street dining, a sidewalk café may be permitted only if the sidewalk café is situated adjacent, as specified below, to an indoor restaurant, the sidewalk café’s operation is incidental to and a part of the operation of such adjacent indoor restaurant, and the sidewalk café adheres to the following requirements.
A. A sidewalk café may be located on the public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the café. The café area may extend along the principal building frontage and may extend up to 50 feet on non-principal front with property owner approval.
B. No furniture is allowed within 6 feet of a crosswalk, corner curb cut, or large obstruction (e.g. bus stop shelter, electric transformer, etc.).
C. The sidewalk café must maintain clearance of 6 feet around the corners of all other sidewalk cafes.
D. The sidewalk café must maintain 2 feet of clearance from any building access.
19.03.100 On Street Dining.
In addition to all general parklet requirements and design elements of this chapter, parklets designed for on street dining may be permitted only if they conform to the following requirements.
A. On street dining may extend in the parking lane along the principal building frontage of the business and along principal frontage of adjacent business with property owner approval.
B. On street dining must use vertical partitions (e.g. cones, barrels, gates, bike corrals) spaced a minimum of 10 feet apart.
C. Clearance between the curb and travel lane must be a minimum of 7 feet.
D. No vertical partition or furniture may protrude into the travel lane.
E. No Accessible Parking (handicap parking) spaces may be used for outdoor dining.
F. There shall be no more than ½ inch between planks of a platform.
G. The platform must be flush with the curb to eliminate tripping hazard.
H. Additional application requirements.
1. Platform on street dining requires a sketch/diagram of platform design.
2. Platform approval is based on City Engineer approval
19.03.110 Temporary Street Closures.
Mt. Shasta City Council Regular Meeting May 8, 2023 36
8 Businesses may participate in temporary street closures provided they conform to the following requirements.
A. Participating businesses.
1. Two points of contact required for each restaurant.
2. Each business participating must agree to the terms of the street closure.
B. Delineation must be used to indicate the area under individual restaurant management (no open festival format).
C. Restaurants may be required to monitor and maintain a maximum capacity in closure zone.
D. Street shall be kept free of trash and containers kept clean and emptied when full.
E. Street closure will not require a special event permit.
F. Amplified performance acts are not allowed. Amplified music is allowed as long as noise levels do not disturb neighboring uses.
19.03.120 Private Parking Lot Extension.
Businesses may develop a private parking lot extension provided they conform to the following requirements.
A. All uses permitted on the lot may conduct business outdoors.
B. Eating and drinking establishments and retail sales may operate on a lot if permitted in the base zoning district, notwithstanding any requirements for parking.
C. Tents may be erected with Fire Department approval.
D. Separate construction permits are required for any structures occupied by the public.
E. Amplified performance acts are not allowed. Amplified music is allowed as long as noise levels do not disturb neighboring uses.
F. No Accessible Parking (handicap parking) spaces may be used for outdoor dining or blocked by outdoor seating.
19.03.130 Fees.
The Base application fee for all new Parklets shall be Two Hundred and Fifty ($250) dollars payable at time of application and is nonrefundable.
Mt. Shasta City Council Regular Meeting May 8, 2023 37
9 Applicants for private Parklets, who wish to allow for table service and/or consumption of alcohol, will be charged Fifty ($50) dollars per month per parking space used in addition to the base application fee.
19.03.140 Insurance.
Approved applications shall be required to provide evidence of liability insurance naming the City of Mt. Shasta as additional insured as set forth by the Joint Powers Authority’s requirements for risk management. The insurance certificate is intended to protect the public from any liability it may incur as a result of the granting of the requested permit.
Minimum Requirements for Liability Insurance:
A. The insurance shall provide coverage not less than Two Million ($2,000,000) or Four Million ($4,000,000 ) dollars per occurrence depending upon the parameters outlined in the encroachment permit. The policy shall include the following endorsements:
“Without prejudice to coverage otherwise existing herein, the City of Mt. Shasta, its officers, agents, and employees are included as additional insured under this policy claim or claims for injury to person including death, or damage to property, resulting from or growing out of the operations of the permittee within the City of Mt. Shasta, Ca.
19.03.150 Maintenance.
The Parklet will be owned and maintained by the applicant. The applicant is responsible for all costs associated with the design, development, construction, installation, maintenance, and removal of the Parklet. If an application is approved, this represents that the applicant shall keep the Parklet free of debris, grime and graffiti, and to keep all plants in good health.
The permit obligates the applicant to ensure that the facility is swept daily and debris is removed from under and around the Parklet a minimum of once a week. The applicant is subject to an approved maintenance plan and agreement as part of the permit and maintenance will be enforced by the City.
Mt. Shasta City Council Regular Meeting May 8, 2023 38
CITY COUNCIL AGENDA ITEM # 9
MEETING DATE:
TO: Mayor and City Council
FROM: Robert Gibson, Chief of Police
SUBJECT: Amendment to MSMC Chapter 6.04
GARBAGE, REFUSE AND SOLID WASTE
RECOMMENDATION:
Staff respectfully requests the City Council approve the first reading of CCO-23-XX, amending Mount Shasta Municipal Code Section 6.04
BACKGROUND & SUMMARY:
Staff was directed by Council to address the issue of person(s) illegally dumping household and business refuse into the city provided trash cans in the downtown business district. The trash cans provided in the downtown area are designed to help provide a convenient place for pedestrians, visitors and shoppers to deposit their small, trash, typically from local shopping.
The use by individuals of these trash cans for their own personal household garbage, causes the small trash cans to fill up quickly or overfill leading to spillage and the need to empty the trash cans more frequently. The proposed amendment to Mount Shasta Municipal Code Section
6.04.120 Throwing or depositing waste, would add section (B) and would make it an infraction to throw or deposit household and business trash as defined by California Health and Safety Code Section 117670 into the city provided trash cans located specifically in the downtown area as defined by Mount Shasta Municpal Code section 7.08.021 ATTACHMENTS:
Mount Shasta Municpal code section 6.04
X Regular Session
Special Session
Emergency
Session
Closed Session
Mt. Shasta City Council Regular Meeting May 8, 2023 39
1 ORDINANCE CCO-23-XX
AN ORDINANCE OF THE CITY OF MT. SHASTA
AMENDING CHAPTER 16.04.120 (B) OF THE MUNICIPAL CODE
The City Council of the City of Mt. Shasta does hereby ordain as follows:
SECTION 1.
Municipal Code 6.04.120 is amended to read as follows:
6.04.120 Throwing or depositing waste matter.
(A) It is unlawful for any person in the City of Mt. Shasta to throw or deposit any garbage, rubbish or waste matter, or to cause the same to be thrown, or deposited, upon any street, alley, gutter, park or other public or private place, or to store or keep the same otherwise than in cans or receptacles. Each day’s violation of this section shall be treated and considered, and the same shall be, a separate and distinct offense. (Ord. CCO-20-02 § 2, 2020)
(B) It is unlawful for any person in the City of Mt. Shasta to throw or deposit any household waste, as defined by California Health and Safety Code section 117670, or any business waste into the City of Mt. Shasta provided public trash cans located in the Downtown neighborhood as defined in MSMC 7.08.021 Each day’s violation of this section shall be treated and considered, and the same shall be, a separate and distinct offense.
The foregoing Ordinance was adopted at the regular meeting of the City Council of the City of Mt. Shasta held on this XXth day of XX, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF MT. SHASTA
Mt. Shasta City Council Regular Meeting May 8, 2023 40
2 _______________________________
Tessa Clure, Mayor
ATTEST: FORM APPROVED:
_____________________________ _________________________________ Kathryn M. Joyce, Deputy City Clerk John Sullivan Kenny, City Attorney Mt. Shasta City Council Regular Meeting May 8, 2023 41
City Council Agenda Item # 10
Staff Report
Meeting Date: 05/08/2023
To: Mayor and City Council
From: Robert Gibson, Chief of Police
Subject: Amendment of MSMC Chapter 12.08: Repair and Maintenance of Sidewalks
Recommendation:
Staff respectfully requests the Mount Shast City Council adopt the proposed amendments to the Mount Shasta Municipal Chapter 12.08 Repair and Maintenance of Sidewalks.
Background & Summary:
At the April 24th, 2023 City Council Meeting staff was directed to proceed with making amendments to the current MSMC section 12.08 regarding repair and maintenance of sidwalks.
The amended sidewalk ordinance goes beyond the time allowance minimum given under state law and allows for an property owner 30 days either complete repairs or show that contract services have been retained. There is the addition of a second 30 day period for property owners that have failed to meet the first 30 day time period requirements. If a property owner failed to meet that time limit, the City would then make the repairs (either via staff or a consultant of the City’s choosing) and the cost of these repairs would be billed to the owner. If the bill is not paid by the owner by the specified due date, a lien would be assessed against the subject property.
The amended ordinance/sidewalk program would allow for an appeals hearing under Section
1.05 MSMC where the owner of property would have a chance address fees.
Attachments:
Amended Mount Shasta Municipal Code section 12.08
X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting May 8, 2023 42
1 ORDINANCE CCO-23-XX
AN ORDINANCE OF THE CITY OF MT. SHASTA
AMENDING CHAPTER 12.08 OF THE MUNICIPAL CODE
The City Council of the City of Mt. Shasta does hereby ordain as follows:
SECTION 1.
Municipal Code 12.08 is amended to read as follows:
12.08.040 Notice to owner.
The Director of Public Works, in the manner provided, shall notify the owner or person in possession of the property fronting or abutting on that portion of the sidewalk to be repaired:
(A) When any portion of the sidewalk is defective or out of repair, or in a condition to endanger persons or property or to interfere with the public convenience in the use thereof. (B) In the event a private driveway located on the sidewalk is abandoned or no longer in use as a driveway, or because of changed conditions or circumstances it has created, or has a tendency to create, a dangerous condition to public travel or safety, or is in such a condition to interfere with the public convenience in the use thereof, after notice as herein provided, such private driveway and the approaches thereof shall be removed from the sidewalk and there shall be installed a curb and sidewalk and the terrain graded to conform to the curbing, sidewalk and grade of the property immediately adjacent thereto. (Ord. 247 § 3, 1965)
(C) When notice from the Public Works Director or their designee, is served to the owner of real property, either personally or by registered mail, the owner of such real property shall have thirty (30) days to show proof to the City that repairs have been made or contract services have been retained to make the repairs in a timely manner.
(D) If the owner of such real property fails, neglects, or refuses to make or show proof of repairs within the thirty (30) day period, the Public Works Director or their designee will serve, either personally or by registered mail, a second notification requiring the owner of such real property to make repairs or show proof that contract services have been retained to make the repairs in a timely manner.
Mt. Shasta City Council Regular Meeting May 8, 2023 43
2 (E) If the owner of such real property fails, neglects or refuses to comply with the provisions of this subsection after sixty (60) days, after written notice from the Public Works director, then the City will complete the work using a contractor or by City staff. The property owner will then be billed for the completed work. Failure by the real property owner to pay this bill will result in a lien being placed on the real property.
12.08.070 Posting notice – Time allowed.
The Director of Public Works or other officer or employee, and each of them, of the City shall not have authority to repair such sidewalk out of repair during the period between the posting of the “Notice to Repair” on the abutting property as provided in MSMC 12.08.040, and the sixty (60) days allowed the owner or person in possession to commence doing such repairs, and in computing such period the day of posting shall be excluded. (Ord. 247 § 6, 1965)
12.08.080 Administrative hearing
Any owner of real property subject to fines and assessments enumerated in this chapter shall have the right to request an administrative hearing as enumerated in Chapter 1.05.
The foregoing Ordinance was adopted at the regular meeting of the City Council of the City of Mt. Shasta held on this XXth day of XX, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF MT. SHASTA
_______________________________
Tessa Clure, Mayor
ATTEST: FORM APPROVED:
_____________________________ _________________________________ Kathryn M. Joyce, Deputy City Clerk John Sullivan Kenny, City Attorney Mt. Shasta City Council Regular Meeting May 8, 2023 44
City Council Agenda Item #11
Staff Report
Meeting Date: May 8, 2023
To: Mayor and City Council
From: Robert Gibson, Chief of Police
Subject: Approval of New Police Officer position funded with Proposition 64 grant funds
Recommendation:
Staff respectfully requests the City Council approve the authorization of a seventh (7) officer position as required by Proposition 64 Cohort 3 grant award Background & Summary:
On October 24th, 2022 City Council approved resolution CCR-22-33 approving the application of grant funding from Proposition 64 public health and safety grant program. On April 19th, 2023 staff was notified of the successful awarding of the grant funding. The grant funding will continue to fully fund the community service officer position as well as an entry level police officer position through 2028. The new grant funding also fully funds one additional police officer position to be assigned to the North State Major Investigation Team (NSMIT).
Attachments:
X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting May 8, 2023 45
RESOLUTION CCR-23-XX
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
AUTHORIZING A SEVENTH (7) SWORN OFFICER POSITION
WITH THE MOUNT SHASTA POLICE DEPARTMENT
WHEREAS, The City of Mount Shasta Police Department currently is authorized one (1) Chief of Police, two (2) police sergeant(s) and six (6) sworn police officer positions; and WHEREAS, the City Council of the City of Mount Shasta by resolution supported the application for grant funding from the California Proposition 64 Public Heath and Safety Grant Program; and
WHEREAS, the City of Mt. Shasta Police Department has successfully been awarded Proposition 64 Cohort 3 grand funding for the purpose of fully funding a seventh (7) sworn officer position; and
WHEREAS, the Police Department currently have applicants for the position of sworn police officer.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. There is hereby established in the Mt. Shasta Police Department the authorized seventh (7) sworn police officer position with all benefits and privileges attached.
The foregoing Resolution was approved this 8th day of May, 2023 by the following vote:
ROLL CALL VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: May 8, 2023
ATTEST: CITY OF MT. SHASTA
______________________________ ______________________________ Kathryn M. Joyce, Deputy City Clerk Tessa Clure, Mayor
Mt. Shasta City Council Regular Meeting May 8, 2023 46