“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, June 26, 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 June 26, 2023 1 Mt. Shasta Regular City Council Meeting Agenda
Monday, June 26, 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: June 12, 2023 Regular City Council Meeting b. Renewal of Facilities Agreement with the Recreation and Parks District c. An amendment to two variable rate loan indexes currently indexed to the LIBOR Rate to now be indexed to the Secured Overnight Financing Rate (SOFR) d. Declaration of Surplus Equipment, Resolution CCR-23-XX
8. Resolution Calling for Consolidation of the November 2023 Election, Ordinance Change to be Adopted by 2/3 vote, and Resolution Directing the Ordinance Change to be Submitted to the Voters Background: The City Council directed staff to submit a Transient Occupancy Tax increase to the voters of the city of Mt. Shasta. The process includes a resolution requesting consolidation of the election, a propose ordinance approval, and a resolution that directs the City to submit the ordinance to the voters.
Council will discuss these three items and determine a course of action.
Report By: Todd Juhasz, City Manager and John Kenny, City Attorney Recommended Council Action: Approve the two resolutions and one proposed ordinance for the purpose of placing a measure on the ballot to increase Transient Occupancy Taxes from 10% to 12%.
9. Discussion and Possible Action: Digital Marketing for the Visitor’s Bureau Background: Josh Thomas of The Ascension Aesthetic will give a presentation on last year’s digital marketing program for the Visitor’s Bureau and review the proposal for the next fiscal year. Council will discuss whether to fund the program for inclusion in the 2023/2024 fiscal year budget.
Report By: Todd Juhasz, City Manager
Recommended Council Action: Direct staff regarding the inclusion of the digital marketing proposal in the 2023/2024 fiscal year budget.
Mt. Shasta City Council Regular Meeting June 26, 2023 2 4-43
Page
44-51
Page
52-68
Mt. Shasta Regular City Council Meeting Agenda
Monday, June 26, 2023
CITY COUNCIL/STAFF REPORTING PERIOD
10. Reports Re: Outside Meetings: None
11. Future Agenda Items and Meetings (Appearing on the agenda within 60-90 days):
a. Resolution Requesting a Local Measure be Placed on the Ballot – 7/2023 b. Utility Property Tax Liens – 7/10/2023
c. Library RFP - TBD
d. Vacation of Field Street – TBD
e. Discussion and Possible Action: McCloud Avenue Parking Prohibition – TBD f. City Newsletter – TBD
g. Discussion and Possible Action regarding the Active Transportation Committee – TBD h. Creation of a Finance Committee for monthly financial reviews - TBD Future Agenda Items Over 90 Days:
f. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
12. 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 June 26, 2023 3 Mt. Shasta City Council Regular Meeting DRAFT Minutes
Monday, June 12, 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 5:30 p.m. Mayor Clure called the meeting to order and led the audience in the flag salute.
2. Roll Call:
Council Members Present: Collings, Redmond, Stackfleth, Stearns, Clure Council Members Absent: None
3. Special Presentations: None
4. Public Comment:
Rachel Streeder – Comments regarding the library and the library committee.
Betty Kreeger – Comments regarding the library director and committee, communication, City Council role in library management.
Frances Mangels – Comments regarding library committee meeting, democracy, fuel breaks.
Tara Shuttlesworth – Comments regarding art walk, banners, City website, and contact information.
Jane Seely – Comments regarding the library and library executive director duties, community input regarding library functions, appreciate for the library director.
Laraine Ramshaw – In support of library director.
Belle Silva – Comments in support of the library director, concern about communication.
Vicki Gold – Comments regarding letter from City to library director, concern about lack of performance evaluations, library committee, and communication.
5. Council and Staff Comments:
Todd Juhasz, City Manager – Comments regarding new City Planner, grant applications for drainage projects, library expansion, and alternative charging facilities.
6. Committee Updates:
a) Downtown Enhancement Advisory Committee
b) Library Tax Advisory Committee
c) Beautification Committee
d) Active Transportation Committee
Todd Juhasz, City Manager – Update on DEAC activities.
Ted Marconi, LTAC – Comments regarding the decision not to renew the library director contract. Comments about communication with library director, issuance of letter by the City, future request for proposals for library management services and contract contents.
Mt. Shasta City Council Regular Meeting June 26, 2023 4 City of Mt. Shasta Regular City Council Meeting Minutes Monday, June 12, 2023
CITY COUNCIL BUSINESS
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: May 22, 2023 Regular City Council Meeting b. Approval of Disbursements: Accounts Payable 5/19 and 5/22/2023; Total Gross Payroll and Taxes:
For Period Ending 5/14/2023
c. Committee Minutes: Beautification Committee, April 2023 d. Second Reading and Adoption of Ordinance CCO-23-07, Amending Section 10.44.080 Of The Mt.
Shasta Municipal Code
e. Police Department Report May 2023
MOTION TO APPROVE: Stackfleth
SECOND: Stearns
AYES: Redmond, Collings, Stackfleth, Stearns, Clure
NOES: None
ABSENT: None
ABSTAIN: None
8. Discussion and Possible Action: Amendments to the City of Mt. Shasta SB 2 Planning Grants Program Funds Todd Juhasz, City Manager – Review of item, proposed amendments to planning grant funding.
Clarifying questions from Council and discussion.
Tara Shuttlesworth – Comments regarding a newsletter.
COUNCIL ACTION: Adopt Resolution CCR-23-15 authorizing the City Manager to submit the proposed amendment to the City of Mt Shasta’s SB 2 grant application as described, and allow reallocation of funds, and authorize and direct the City Manager to sign the SB 2 amendment application, and act on the City’s behalf in all matters pertaining to the application.
MOTION TO APPROVE: Stackfleth
SECOND: Stearns
AYES: Redmond, Collings, Stackfleth, Stearns, Clure
NOES: None
ABSENT: None
ABSTAIN: None
9. FY 2023/2024 Budget
Muriel Terrell, Finance Director – Review of updated budget, updated balances, enterprise funds and various other funds.
Clarifying questions from Council.
No public comment.
Council discussion.
COUNCIL ACTION: Staff directed to make changes to the final budget prior to approval.
Recess: 7:25 p.m. – 7:35 p.m.
Mt. Shasta City Council Regular Meeting June 26, 2023 5 City of Mt. Shasta Regular City Council Meeting Minutes Monday, June 12, 2023
10. Approval of Hybrid Meeting Services Contract
Todd Juhasz, City Manager – Review of item, single response for hybrid services, review of total cost of contract.
Johanna Altorfer – Comments in support of hybrid meetings.
Council questions and discussion.
COUNCIL ACTION: Approve hybrid meeting contract with 22nd Avenue for 12-month period starting July 1, 2023 at rates outlined by the City Manager.
MOTION TO APPROVE: Stackfleth
SECOND: Stearns
AYES: Redmond, Stackfleth, Stearns, Clure
NOES: Collings
ABSENT: None
ABSTAIN: None
11. Raftelis Proposed Contract Amendment
Todd Juhasz, City Manager – Review of Raftelis drainage impact fee study, future ballot measure. Review of contract amendment proposal, proposition 218 process preparation.
Clarifying questions from Council.
No public comment.
Council questions and discussion.
COUNCIL ACTION: Approve the amendment for Raftelis professional services for a total of $69, 895 to be covered by inter-fund loans as appropriated and managed by the Finance Director and City Manager.
MOTION TO APPROVE: Stackfleth
SECOND: Stearns
AYES: Redmond, Collings, Stackfleth, Stearns, Clure
NOES: None
ABSENT: None
ABSTAIN: None
12. Reports On Outside Meetings: None
13. Future Agenda Items (Appearing on the agenda within 60-90 days):
COUNCIL ACTION: Reviewed items a through f. Items added: Discussion and Possible Action regarding the Active Transportation Committee, creation of a Finance Committee for monthly financial reviews, library management request for proposals.
a. Resolution Calling for Consolidation of the Election – 6/26/2023 b. Renewal of Facilities Agreement with the Recreation and Parks District – 6/26/2023 c. Resolution Requesting a Local Measure be Placed on the Ballot – 7/2023 d. Vacation of Field Street – TBD
e. Discussion and Possible Action: McCloud Avenue Parking Prohibition – TBD f. City Newsletter - TBD
Future Agenda Items Over 90 Days:
f. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
14. Adjourn: There being no further business, the meeting was adjourned at 7:58 p.m.
Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk Mt. Shasta City Council Regular Meeting June 26, 2023 6 G:\City Council\City Council Agenda Packets 2023\6.26.2023\7 Consent\LEASE AGREE_RecreationParks 2023.doc
LEASE OF MOUNT SHASTA RECREATION AND PARK DISTRICT FACILITY THIS LEASE, made and entered into this 26th day of June, 2023, by and between the CITY OF MT. SHASTA hereinafter called the “City”, and the MOUNT SHASTA RECREATION AND PARKS DISTRICT, a body politic, hereinafter called the “District”.
W I T N E S S E T H:
WHEREAS, the District is the owner of certain real property located at 1315 Nixon Road, and commonly known as, The City Park Upper Lodge Building hereinafter referred to as the Recreation Center Building; and
WHEREAS, the City is desirous of leasing said City Park Upper Lodge Building from the District for a period of time and under certain conditions; and WHEREAS, the District is desirous of accepting a lease from the City for said City Park Upper Lodge Building,
NOW, THEREFORE, IT IS AGREED AND UNDERSTOOD AS FOLLOWS:
1. DESCRIPTION OF PREMISES: The District hereby leases and lets unto the City, those certain premises described as the City Park Upper Lodge Building.
2. TERM: This lease shall be for a term of one (1) year, commencing on July 1, 2023, and terminating on June 30, 2024.
3. CONSIDERATION: The City shall pay to the District the sum of Two Hundred Dollar ($200.00) per meeting per month for two (2) City Council meetings, scheduled for the 2nd and 4th. Monday of each month, and one (1) meeting of the City Planning Commission, scheduled for the 3rd Tuesday of each month, as rent for the leased premises; this payment shall be payable the first day of each month during the effective period of this lease.
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3A. ADDITIONAL RENTS: City shall pay to the District the amount of One Hundred ($100.00) dollars per meeting per month for any City approved meeting that is in addition to the Two (2) City Council meetings and One (1) Planning Commission meeting set forth in Paragraph 3 above.
4. UTILITIES USE: The District shall furnish the City water necessary for sanitation and domestic use without charge but said water shall be put to reasonable use and shall not be wasted. District shall make all arrangements for and pay for all utilities and services furnished to or used by City, including, without limitation, gas, electricity, telephone service, and trash collection, and for no additional charge.
5. INDEMNIFICATION : City agrees to indemnify, defend and hold harmless the District against all claims and damages arising out of City’s use of the leased premises. District agrees to indemnity, defend and hold harmless the City against all claims and damages arising of the Districts ownership or use of said premises.
6. TAXES: In the event there are any taxes and/or assessments on the leased property during or for the leased period, the District shall pay the taxes and/or assessments.
7. MAINTENANCE: The City agrees to accept the buildings upon the subject premises in as is condition upon the date of execution of this lease.
8. ASSIGNMENT AND SUBLETTING: It is agreed by and between the parties hereto that the City shall neither assign this lease nor sublet the premises Mt. Shasta City Council Regular Meeting June 26, 2023 8 G:\City Council\City Council Agenda Packets 2023\6.26.2023\7 Consent\LEASE AGREE_RecreationParks 2023.doc
unless the written consent of the District is obtained as a condition precedent to such assignment or subletting.
9. ALTERATIONS OF STRUCTURES AND GROUNDS: The City shall not materially alter, move or destroy any buildings or structures on the premises or alter the grounds themselves without first obtaining written consent from the District.
10. FREEZING CONDITIONS: The District acknowledges that it is aware that freezing conditions exist in the area of the premises and agrees to protect the plumbing upon the premises from freezing and further to remove snow from the roofs of the buildings upon the premises and further to be responsible for the plowing of snow necessary to clear the roads upon the premises.
11. USES: It is agreed by and between the parties hereto that the premises shall be used by the City of Mt. Shasta for meeting purposes only, and specifically that the City shall use the subject premises for the purpose of conducting City Council, City Planning Commission and City Committee meetings with the general public.
12. DESTRUCTION AND RESTORATION: If, during the term, the premises or the buildings and other improvements in which the premises are located are totally or partially destroyed from a risk covered by insurance, rendering the premises totally or partially inaccessible or unusable, District shall restore the premises or the buildings and other improvements in which the premises are located to substantially the same condition as they were in immediately before destruction. Such destruction shall not terminate this lease.
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13. MEDIATION AND ARBITRATION: Disputes Subject to Mediation and Arbitration: Any dispute between the parties relating to the interpretation and enforcement of their rights and obligations under this lease to be the subject of mediation and arbitration shall be resolved solely by mediation and arbitration in accordance with the provisions of paragraph 17 of this lease. Initial Mediation: With respect to any dispute between the parties that is to be resolved by arbitration as provided in paragraph 17, which has not been resolved between the parties themselves, the parties shall attempt in good faith first to mediate such dispute and use their best efforts to reach agreement on the matters in dispute. Within 5 days of the request of any party, the requesting party shall attempt to employ the services of a third person mutually acceptable to the parties to conduct such mediation within 5 days of his or her appointment. If the parties are unable to agree on such third person, or, if on completion of such mediation, the parties are unable to agree and settle the dispute, then the dispute shall be referred to arbitration in accordance with paragraph 17.
Arbitration: Any dispute between the parties that is to be resolved by arbitration as provided in paragraph 17 shall be settled and decided by arbitration conducted by the American Arbitration Association in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as then in effect, except as provided below. Any such arbitration shall be held and conducted in Mt. Shasta, CA before one arbitrator who shall be selected by mutual agreement of the parties; if agreement is not reached on the selection of an arbitrator within 15 days, then such arbitrator shall be Mt. Shasta City Council Regular Meeting June 26, 2023 10 G:\City Council\City Council Agenda Packets 2023\6.26.2023\7 Consent\LEASE AGREE_RecreationParks 2023.doc
appointed by the presiding judge of the superior court of the county in which the arbitration is to be conducted.
The provisions of the Commercial Arbitration Rules of the American Arbitration Association shall apply and govern such arbitration, subject, however, to the following:
(a) Any demand for arbitration shall be in writing and must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such claim, dispute, or other matter would be barred by the applicable statute of limitations.
(b) The arbitrator appointed must be former or retired judges or "attorneys" with at least 10 years experience in real property and commercial matters, or non-attorneys with like experience in the area of dispute.
(c) Final decision by the arbitrator or arbitrators must be made within 90 days from the date the arbitration proceedings are initiated. (d) The prevailing party shall be awarded reasonable attorneys' fees, expert and non-expert witness costs and expenses, and other costs and expenses incurred in connection with the arbitration, unless the arbitrator for good cause determines otherwise.
(e) Costs and fees of the arbitrator shall be borne by the non-prevailing party, unless the arbitrator or arbitrators for good cause determine otherwise.
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(f) The award or decision of the arbitrator, which may include equitable relief, shall be final and judgment may be entered on it in accordance with applicable law in any court having jurisdiction over the matter.
(g) The provisions of Title 9 of Part 3 of the California Code of Civil Procedure, including §1283.05, and successor statutes, permitting expanded discovery proceedings shall be applicable to all disputes which are arbitrated pursuant to this paragraph.
14. DISTRICT’S ENTRY ON PREMISES: District and its authorized representatives shall have the right to enter the premises at all reasonable times to determine whether the premises are in good condition and whether City is complying with its obligations under this lease. District shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of District’s entry on the premises as provided in this paragraph, except damage resulting from the acts or omissions of District or its authorized representatives. District shall conduct its activities on the premises as allowed in this paragraph in a manner that will cause the lease possible inconvenience, annoyance, or disturbance to City.
15. NOTICE: Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and served personally or sent by prepaid, first-class mail, or by overnight courier (e.g., Federal Express, UPS). Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed to the other Mt. Shasta City Council Regular Meeting June 26, 2023 12 G:\City Council\City Council Agenda Packets 2023\6.26.2023\7 Consent\LEASE AGREE_RecreationParks 2023.doc
party at its regular business address. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated when delivered or within 48 hours from the time of mailing if mailed as provided in this paragraph.
16. WAIVER: No delay or omission in the exercise of any right or remedy of District on any default by City shall impair such a right or remedy or be construed as a waiver.
17. SURRENDER OF PREMISES; HOLDING OVER: On expiration or within 10 days after termination of the term, City shall surrender to District the premises and all City’s improvements and alterations in good condition (except for ordinary wear and tear). City shall remove all its personal property within the above stated time.
18. ATTORNEY’S FEES: If either party becomes a party to any litigation concerning this lease, the premises, or the buildings or other improvements in which the premises are located, by reason of any act or omission of the other party or its authorized representatives, and not by any act or omission of the party that becomes a party to that litigation or any act or omission of its authorized representatives, the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys’ fees and court costs incurred by it in the litigation.
If either party commences an action against the other party arising out of or in connection with this lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney’s fees and costs incurred in that litigation or action.
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19. MISCELLANEOUS PROVISIONS:
A. General Conditions: Time is of the essence of each provision of this lease.
Whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or approval. This lease shall be binding on and inure to the benefit of the parties and their successors.
Rent and all other sums payable under this lease must be paid in lawful money of the United States of America. This lease shall be construed and interpreted in accordance with the laws of the State of California. This lease contains all the agreements of the parties. All provisions, whether covenants or conditions, on the part of District shall be deemed to be both covenants and conditions. The captions of this lease shall have no effect on its interpretation. When required by the context of this lease, the singular shall include the plural. The unenforceability, invalidity, or illegality of any provision shall not render the other provisions unenforceable, invalid, or illegal.
B. STORAGE: By mutual agreement between the District and the City, the District will provide storage space for meeting related equipment in the City Park Upper Lodge Building to facilitate the set – up for monthly meetings. The District will assure City equipment is securely stored at all times and readily accessible for meeting set – ups as scheduled. The inventory of stored items is as follows:
• Nameplates and Gavel
• Table Linens
• Microphones (10)
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C. Use of Definitions: The definitions contained in this lease shall be used to interpret this lease. As used in this lease, the following words and phrases shall have the following meanings:
Authorized Representative: Any officer, agent, employee, or independent contractor retained or employed by either party, acting within authority given him by that party.
Damage: Injury, deterioration, or loss to a person or property caused by another person’s acts or omissions. Damage includes death.
Damages: A monetary compensation or indemnity that can be recovered in the courts by any person who has suffered damage to his person, property, or rights through another’s act or omission.
Destruction: Any damage, as defined here, to or disfigurement of the premises.
Encumbrance: Any deed of trust, mortgage, or other written security device or agreement affecting the premises, and the note or other obligation secured by it, that constitutes security for the payment of a debt or performance of an obligation.
Expiration: The coming to an end of the time specified in the lease as its duration, including any extension of the term resulting from the exercise of an option to extend.
Good Condition: The good physical condition of the premises and each portion of the premises, including, without limitation, signs, windows, show windows, appurtenances, and District’s personal property as defined Mt. Shasta City Council Regular Meeting June 26, 2023 15 G:\City Council\City Council Agenda Packets 2023\6.26.2023\7 Consent\LEASE AGREE_RecreationParks 2023.doc
here. “In good condition” means first-class, neat, clean, and broom-clean, and is equivalent to similar phrases referring to physical adequacy in appearance and for use.
Hold Harmless: To defend and indemnify from all liability, losses, penalties, damages as defined here, costs, expenses (including, without limitation, attorneys’ fees), causes of action, claims, or judgments arising out of or related to any damage, as defined here, to any person or property.
Law: Any judicial decision, statute, constitution, ordinance, resolution, regulation, rule, administrative order, or other requirement of any municipal, county, state, federal, or other government agency or authority having jurisdiction over the parties or the premises, or both, in effect either at the time of execution of the lease or at any time during the term, including, without limitation, any regulation or order of a quasi-official entity or body (e.g., board of fire examiners or public utilities).
Lender: The beneficiary, mortgagee, secured party, or other holder of an encumbrance, as defined here.
Lien: A charge imposed on the premises by someone other than the District, by which the premises are made security for the performance of an act. Most of the liens referred to in this lease are mechanics’ liens.
Maintenance: Repairs, replacement, repainting, and cleaning.
Person: One or more human beings, or legal entities or other artificial persons, including, without limitation, partnerships, corporations, trusts, estates, associations, and any combination of human beings and legal entitles.
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Provision: Any term, agreement, covenant, condition, clause, qualification, restriction, reservation, or other stipulation in the lease that defines or otherwise controls, establishes, or limits the performance required or permitted by either party.
Rent: Annual rent, taxes and assessments, insurance, utilities, and other similar charges payable by City to or for the District.
Restoration: The reconstruction, rebuilding, rehabilitation, and repairs that are necessary to return destroyed portions of the premises and other property to substantially the same physical condition as they were in immediately before the destruction.
Successor: Assignee, transferee, personal representative, heir, or other person or entity succeeding lawfully, and pursuant to the provisions of this lease, to the rights or obligations of either party.
Term: The period of time during which District has a right to occupy the premises.
Termination: The ending of the term for any reason before expiration, as defined here.
IN WITNESS WHEREOF the parties hereto have caused these presents to be executed in duplicate the day and year first above written.
CITY OF MT. SHASTA
BY_________________________________
Tessa Clure, Mayor
ATTEST:
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_________________________________
Kathy Joyce, Deputy City Clerk
MT. SHASTA RECREATION AND PARKS DISTRICT
BY_________________________________
Shannon Shaw
District Administrator
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EXHIBIT “A”
The following real property is located in the County of Siskiyou, State of California, and more particularly described as follows, to-wit:
Beginning at the one-quarter section corner common to Sections Eight (8) and Nine (9) in Township Forty (40) North, Range Four (4) West, Mount Diablo Meridian; thence south on section line 123.65 feet to a point; thence west 755.5 feet to a point; thence north 848.4 feet; more or less, to a point on the Southern Pacific Railroad Company’s right-of-way line, which point is 100 feet southerly from the center line of said railroad; thence following said right-ofway easterly 770 feet more or less to a point on the section line between said Sections Eight (8) and Nine (9); thence south 87º 12’ east following the said railroad right-of-way line 100 feet more or less to a point; thence south 40º 55’ 30” east 89.83 feet following said railroad right-ofway to a point, which point is the beginning of a curve to the right, said curve having a radius of 875.04 feet; thence continuing along said curve a distance of 684.46 feet to a point; thence continuing southerly on said railroad right-of-way line 20 feet more or less to a point on the quarter section line in said Section Nine (9); thence west on said quarter section line 590.35 feet more or less to the point of beginning, containing 19 acres more or less.
Subject to any reservations, restrictions, conditions, easements and rights-of-way of record.
Reserving unto the State, and persons authorized by it, all oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other mineral deposits, together with the right to prospect for, mine, and remove such deposits and to occupy and use as much of the surface of said real property as may be required therefore, in accordance with law.
Mt. Shasta City Council Regular Meeting June 26, 2023 19 Agenda Item #7c
Staff Report
Meeting Date: June 26th, 2023
To: City Council
From: Todd Juhasz, City Manager
Subject: Two variable rate City Loans to be adjusted from LIBOR Rate Index to the Secured Overnight Financing Rate (SOFR) for Federal compliance Recommended Action:
Motion to approve two city owned variable rate loans to be amended to allow the federally required move from the LIBOR Index to the SOFR Index as per Federal directive.
Background:
The City holds two loans through CoBank that were made with Cobiz. Both of these loans interest rates are variable and currently indexed to LIBOR. LIBOR stands for the London Interbank Offered Rate (LIBOR). It has been used as a benchmark interest rate at which major global banks lend to one another in the international interbank market for short-term loans.
LIBOR has served, until now, a globally accepted key benchmark interest rate that indicates borrowing costs between banks. The rate is calculated and will continue to be published each day by the Intercontinental Exchange (ICE), but due to recent scandals and questions around its validity as a benchmark rate, it is being phased out at the direction of the Federal Reserve Board on June 30th and moved to the Secured Overnight Financing Rate (SOFR). SOFR is a broad measure of the cost of borrowing cash overnight collateralized by Treasury securities. LIBOR and SOFR Rates are currently comparable.
As a result, we need to amend our existing loans through CoBank by the end of the month to remain compliant. The associated amendment is attached as an exhibit.
Mt. Shasta City Council Regular Meeting June 26, 2023 20 55714707.4
Amendment No. 00137791SLA-A
AMENDMENT TO 2021 FINANCING AGREEMENT
THIS AMENDMENT is entered into as of June 28, 2023 (this “Amendment”), between CITY OF MOUNT SHASTA, a municipal corporation and general law city, duly organized and existing under and by virtue of the laws and Constitution of the State of California (the “City”) and COBANK, ACB, a federally-chartered instrumentality of the United States (the “Bank”). Capitalized terms used and not defined herein shall have the meanings assigned to such terms in the Agreement (as defined below).
RECITALS
The City and the Bank are parties to a 2021 Financing Agreement (USDA/RD Interim Financing) (CoBank CIF #00137791T01) dated as of May 1, 2021 (such agreement, as may be amended, is hereinafter referred to as the “Agreement”). The City and the Bank now desire to amend the Agreement. For that reason, and for other valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the City and the Bank agree as follows:
1. Definitions.
a. Addition of Certain Definitions. The following definitions are added to Section
1.02 of the Agreement (in alphabetical order):
Daily Simple SOFR Rate. A variable rate per annum equal at all times to 1.20% plus the higher of: (1) zero percent (0.00%); and (2) Daily Simple SOFR.
Daily Simple SOFR. SOFR for the day that is five U.S. Government Securities Business Days prior to (i) if such day is a U.S. Government Securities Business Day, such day or (ii) if such day is not a U.S. Government Securities Business Day, the U.S.
Government Securities Business Day immediately preceding such day.
SOFR. For any U.S. Government Securities Business Day, a rate per annum equal to the secured overnight financing rate for such day published (at such time as the Bank may determine in its sole discretion) by the SOFR Administrator on its website (or any successor source identified by the SOFR Administrator from time to time) on the immediately succeeding U.S. Government Securities Business Day.
SOFR Administrator. The Federal Reserve Bank of New York (or a successor administrator of the secured overnight financing rate).
U.S. Government Securities Business Day. Any day except for (i) a Saturday, (ii) a Sunday, or (iii) a day on which the Securities Industry and Financial Markets Association recommends that the fixed income departments of its members be closed for the entire day for purposes of trading in United States government securities. b. Deletion of Certain Definitions. The following definitions set out in the Agreement are deleted:
Eurocurrency Liabilities
FRB Regulation D
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2 55714707.4
One Month LIBOR Index Rate
2. Other Amendments.
a. Section 3.1(b) of the Agreement is amended and restated in its entirety as follows:
(b) The 2021 Notes shall be dated for their date of delivery, and shall mature on February 1, 2024; provided that the maturity of the 2021 Notes may be extended with the written consent of the Bank. The Notes shall bear interest at the Daily Simple SOFR Rate (calculated on the basis of a 360-day year and the actual number of days elapsed). The 2021 Notes shall bear interest from their date, to be due and payable on the stated maturity date of the 2021 Notes; provided, however, that interest shall accrue only on each Advance from the date of disbursement by the Bank of such Advance. From and during the continuance of an Event of Default, the 2021 Notes shall, at the option of the Bank and with written notice to the City, bear interest at the Default Rate. b. The first paragraph of Section 4.2 of the Agreement is amended and restated in its entirety as follows:
Repayment of the 2021 Notes. The City hereby agrees to repay the 2021 Notes from Net Revenues and Take-Out Financing Proceeds (if any) in the aggregate principal amount of the total of all Advances, together with interest (calculated at the Daily Simple SOFR Rate, on the basis of a 360-day year and the actual number of days elapsed) on the unpaid principal balance thereof, payable in semi-annual 2021 Note Payments in the respective amounts and on the respective 2021 Note Payment Dates.
3. Amendment of 2021 Note. To implement the change from the One-Month LIBOR Index Rate to the Daily Simple SOFR Rate, the City and the Bank shall execute an amendment to the 2021 Note in substantially the form attached to this Amendment as Exhibit A.
4. Effect on Outstanding Advances. All outstanding Advances bearing interest at the OneMonth LIBOR Index Rate shall, from and after the date of this Amendment, bear interest at the Daily Simple SOFR Rate.
5. Opinion of Bond Counsel. In connection with the execution and delivery of this Amendment, the City shall deliver to the Bank an opinion of bond counsel, acceptable to the Bank, to the effect that the execution and delivery of this Amendment has been duly authorized by the City and will not, in and of itself, adversely affect the tax-exempt status of the interest components attributable to payments made under the Agreement under applicable federal tax laws.
6. Agreement Otherwise in Effect and Not Amended. Except as expressly amended hereby, all of the representations, warranties, terms, covenants and conditions contained in the Agreement and each other Loan Document shall remain unamended and otherwise unmodified and in full force and effect.
7. Miscellaneous. This Amendment and any other Loan Document may be executed in counterparts, each of which will constitute an original, but all of which when taken together will constitute a single contract. Delivery of an executed counterpart of a signature page of this Amendment or any other Loan Document by facsimile or other electronic means will be as effective as delivery of a manually executed counterpart. The parties agree that the electronic signature of a party to this Amendment or any other Loan Document shall be as valid as an original signature of such party and shall be effective to bind Mt. Shasta City Council Regular Meeting June 26, 2023 22
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such party to this Amendment or such Loan Document. The parties agree that any electronically signed Loan Document (including this Amendment) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. The parties presently intend to authenticate any Loan Documents to which they are a party by either signing such Loan Document or attaching thereto or logically associating therewith an electronic sound, symbol or process as their respective electronic signature. The words “execution,” “signed,” “signature,” and words of like import in any Loan Document shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, or any similar state Laws based on the Uniform Electronic Transactions Act.
SIGNATURE PAGE FOLLOWS
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SIGNATURE PAGE TO AMENDMENT TO 2021 FINANCING AGREEMENT IN WITNESS WHEREOF, the parties hereto, by their duly authorized officer(s), have executed this Amendment.
CITY OF MOUNT SHASTA
By:
City Manager
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SIGNATURE PAGE TO AMENDMENT TO 2021 FINANCING AGREEMENT IN WITNESS WHEREOF, the parties hereto, by their duly authorized signatory(ies), have executed this Amendment.
COBANK, ACB
By:
Name:
Title:
Mt. Shasta City Council Regular Meeting June 26, 2023 25 A-1
55714707.4
Exhibit A to Amendment to 2021 Financing Agreement
FORM OF AMENDMENT TO 2021 NOTE
Amendment No. 00137791T01-A
AMENDMENT TO
$9,209,000
CITY OF MOUNT SHASTA
SERIES 2021 WASTEWATER REVENUE BOND ANTICIPATION NOTES
(USDA GRANT AND LOAN ANTICIPATION FINANCING)
THIS AMENDMENT TO SERIES 2021 WASTEWATER REVENUE BOND
ANTICIPATION NOTES (USDA GRANT AND LOAN ANTICIPATION FINANCING), entered into as of June 28, 2023 (this “Amendment”), is between CITY OF MOUNT SHASTA, a municipal corporation and general law city, duly organized and existing under and by virtue of the laws and Constitution of the State of California (the “City”) and COBANK, ACB, a federally-chartered instrumentality of the United States (“Bank”). Capitalized terms used and not defined herein shall have the meanings assigned to such terms in the Agreement (as defined below).
RECITALS
The City and the Bank are parties to that certain 2021 FINANCING AGREEMENT (USDA/RD Interim Financing) (CoBank CIF #00137791T01), dated as of May 1, 2021 (as may be amended, hereinafter referred to as the “Agreement”), pursuant to which the City has delivered to the Bank its $9,209,000 CITY OF MOUNT SHASTA SERIES 2021 WASTEWATER REVENUE BOND ANTICIPATION NOTES (USDA GRANT AND LOAN ANTICIPATION FINANCING), dated and delivered May 26, 2021 (as may be amended, hereinafter referred to as the “2021 Note”). The City and the Bank now desire to amend the 2021 Note. For that reason, and for valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the City and the Bank agree as follows:
1. Amendments.
(A) The “INTEREST RATE” identified on the face page of the 2021 Note is hereby changed from “One Month LIBOR Index Rate (as hereinafter defined)” to “Daily Simple SOFR Rate (as hereinafter defined)”.
(B) The second full paragraph of the 2021 Note (beginning on Page 1 of the 2021 Note and continuing on Page 2 of the 2021 Note) is hereby amended and restated in its entirety as follows:
The City agrees to pay interest on the outstanding principal amount of this 2021 Note at the Daily Simple SOFR Rate. The “Daily Simple SOFR Rate” is defined as a rate per annum equal at all times to 1.20% above the higher of: (1) zero percent (0.000%); or (2) Daily Simple SOFR. “Daily Simple SOFR” means SOFR for the day that is five U.S.
Government Securities Business Days prior to (i) if such day is a U.S. Government Securities Business Day, such day or (ii) if such day is not a U.S. Government Securities Business Day, the U.S. Government Securities Business Day immediately preceding such day. “SOFR” means, for any U.S. Government Securities Business Day, a rate per annum equal to the secured overnight financing rate for such day published (at such time as the Mt. Shasta City Council Regular Meeting June 26, 2023 26
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55714707.4
Bank may determine in its sole discretion) by the SOFR Administrator on its website (or any successor source identified by the SOFR Administrator from time to time) on the immediately succeeding U.S. Government Securities Business Day. “SOFR Administrator” means The Federal Reserve Bank of New York (or a successor administrator of the secured overnight financing rate). “U.S. Government Securities Business Day” means any day except for (i) a Saturday, (ii) a Sunday, or (iii) a day on which the Securities Industry and Financial Markets Association recommends that the fixed income departments of its members be closed for the entire day for purposes of trading in United States government securities.
(C) The paragraph entitled “Benchmark Replacement Setting” (beginning on Page 2 of the 2021 Note and continuing on to Page 3 of the 2021 Note, including clauses i through vi thereof, inclusive) is hereby amended and restated in its entirety as follows:
Benchmark Replacement Setting. Notwithstanding anything to the contrary in this 2021 Note or in any other Loan Document:
(i) if at any time the Bank determines that (1) any interest rate offered hereunder (each such interest rate, a “Benchmark”) has been, or is likely to be, discontinued; (2) any Benchmark is not or is likely to not be representative of the underlying market and economic reality that such Benchmark is intended to measure; or (3) any Benchmark does not, or is likely not to, adequately and fairly reflect the cost to the Bank of making or maintaining loans hereunder, or (4) any Benchmark is, or is likely to be, unlawful, the Bank may amend this 2021 Note and any other Loan Document to replace such Benchmark with a Benchmark Replacement. “Benchmark Replacement” means, for any Benchmark, a replacement benchmark rate, which may include a spread adjustment, that has been selected by the Bank in its sole discretion, giving due consideration to (a) any recommendation by a relevant governmental body of a replacement benchmark rate, the mechanism for determining such a rate or a spread adjustment, or (b) any evolving or then-prevailing market convention for determining a benchmark rate or a spread adjustment. the Bank may effect such amendments to this 2021 Note and the other Loan Documents as the Bank in its sole discretion deems appropriate to reflect the adoption and implementation of such replacement rate, which amendments will become effective without any further action or consent of any other party to this 2021 Note or any other Loan Document; provided that the Bank shall give the City notice of any such amendment. In no event shall any Benchmark Replacement be less than zero percent (0.00%).
(ii) if at any time the Bank determines in its discretion that any Benchmark is unavailable for any reason on a temporary basis, the Bank may (i) calculate such Benchmark using such previous or historical publications of such Benchmark as the Bank determines in its discretion to be appropriate, or (ii) select and apply a Benchmark Replacement during such period.
(iii) The Bank will have the right to make from time to time any technical, administrative or operational changes that the Bank decides in its discretion may be appropriate to permit or enhance the efficient administration of any Benchmark or the adoption, implementation or administration of any Benchmark Replacement. Any amendments implementing such changes will become effective without any further action or consent of any other party to this Mt. Shasta City Council Regular Meeting June 26, 2023 27
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2021 Note or any other Loan Document; provided that the Bank shall give the City notice of any such amendment.
2. Deletion of Appendix. Appendix A is deleted from this 2021 Note, in its entirety.
3. Ratification and Affirmation. Except as expressly amended hereby, all of the representations, warranties, terms, covenants and conditions contained in the Agreement, the 2021 Note and each other Loan Document are ratified and affirmed by the City and remain unamended and otherwise unmodified and in full force and effect. Without limitation of the foregoing, the City represents and warrants to the Bank as follows: (a) this Amendment has been duly authorized by an ordinance approved by the governing body of the City in accordance with applicable laws; (b) the officer(s) signing on behalf of the City below are duly authorized to do so; and (c) no Event of Default (or other event or circumstance which, with the passage of time or the giving of notice or both, would constitute an event of default) exists under the 2021 Note, the Agreement, or any of the Loan Documents.
4. Execution; Counterparts. This Amendment may be executed in counterparts, each of which will constitute an original, but all of which when taken together will constitute a single instrument.
Delivery of an executed counterpart of a signature page of this Amendment by facsimile or other electronic means will be as effective as delivery of a manually executed counterpart of this Amendment.
SIGNATURE PAGES FOLLOW
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Amendment No. 00137791T01-A
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55714707.4
SIGNATURE PAGE TO 2021 NOTE AMENDMENT
IN WITNESS WHEREOF, the parties hereto, by their duly authorized officer(s), have executed this Amendment.
CITY OF MOUNT SHASTA
By:
Name:
Title: Mayor
ATTEST:
By:
Name:
Title: City Manager
Mt. Shasta City Council Regular Meeting June 26, 2023 29
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Amendment No. 00137791T01-A
A-5
55714707.4
SIGNATURE PAGE TO 2021 NOTE AMENDMENT
IN WITNESS WHEREOF, the parties hereto, by their duly authorized signatory(ies), have executed this Amendment.
COBANK, ACB
By:
Name:
Title:
Mt. Shasta City Council Regular Meeting June 26, 2023 30 57030804.1
Amendment No. 00137791T01-A
AMENDMENT TO
$9,209,000
CITY OF MOUNT SHASTA
SERIES 2021 WASTEWATER REVENUE BOND ANTICIPATION NOTES
(USDA GRANT AND LOAN ANTICIPATION FINANCING)
THIS AMENDMENT TO SERIES 2021 WASTEWATER REVENUE BOND
ANTICIPATION NOTES (USDA GRANT AND LOAN ANTICIPATION FINANCING), entered into as of June 28, 2023 (this “Amendment”), is between CITY OF MOUNT SHASTA, a municipal corporation and general law city, duly organized and existing under and by virtue of the laws and Constitution of the State of California (the “City”) and COBANK, ACB, a federally-chartered instrumentality of the United States (“Bank”). Capitalized terms used and not defined herein shall have the meanings assigned to such terms in the Agreement (as defined below).
RECITALS
The City and the Bank are parties to that certain 2021 FINANCING AGREEMENT (USDA/RD Interim Financing) (CoBank CIF #00137791T01), dated as of May 1, 2021 (as may be amended, hereinafter referred to as the “Agreement”), pursuant to which the City has delivered to the Bank its $9,209,000 CITY OF MOUNT SHASTA SERIES 2021 WASTEWATER REVENUE BOND ANTICIPATION NOTES (USDA GRANT AND LOAN ANTICIPATION FINANCING), dated and delivered May 26, 2021 (as may be amended, hereinafter referred to as the “2021 Note”). The City and the Bank now desire to amend the 2021 Note. For that reason, and for valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the City and the Bank agree as follows:
1. Amendments.
(A) The “INTEREST RATE” identified on the face page of the 2021 Note is hereby changed from “One Month LIBOR Index Rate (as hereinafter defined)” to “Daily Simple SOFR Rate (as hereinafter defined)”.
(B) The second full paragraph of the 2021 Note (beginning on Page 1 of the 2021 Note and continuing on Page 2 of the 2021 Note) is hereby amended and restated in its entirety as follows:
The City agrees to pay interest on the outstanding principal amount of this 2021 Note at the Daily Simple SOFR Rate. The “Daily Simple SOFR Rate” is defined as a rate per annum equal at all times to 1.20% above the higher of: (1) zero percent (0.000%); or (2) Daily Simple SOFR. “Daily Simple SOFR” means SOFR for the day that is five U.S.
Government Securities Business Days prior to (i) if such day is a U.S. Government Securities Business Day, such day or (ii) if such day is not a U.S. Government Securities Business Day, the U.S. Government Securities Business Day immediately preceding such day. “SOFR” means, for any U.S. Government Securities Business Day, a rate per annum equal to the secured overnight financing rate for such day published (at such time as the Bank may determine in its sole discretion) by the SOFR Administrator on its website (or any successor source identified by the SOFR Administrator from time to time) on the immediately succeeding U.S. Government Securities Business Day. “SOFR Administrator” means The Federal Reserve Bank of New York (or a successor Mt. Shasta City Council Regular Meeting June 26, 2023 31
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administrator of the secured overnight financing rate). “U.S. Government Securities Business Day” means any day except for (i) a Saturday, (ii) a Sunday, or (iii) a day on which the Securities Industry and Financial Markets Association recommends that the fixed income departments of its members be closed for the entire day for purposes of trading in United States government securities.
(C) The paragraph entitled “Benchmark Replacement Setting” (beginning on Page 2 of the 2021 Note and continuing on to Page 3 of the 2021 Note, including clauses i through vi thereof, inclusive) is hereby amended and restated in its entirety as follows:
Benchmark Replacement Setting. Notwithstanding anything to the contrary in this 2021 Note or in any other Loan Document:
(i) if at any time the Bank determines that (1) any interest rate offered hereunder (each such interest rate, a “Benchmark”) has been, or is likely to be, discontinued; (2) any Benchmark is not or is likely to not be representative of the underlying market and economic reality that such Benchmark is intended to measure; or (3) any Benchmark does not, or is likely not to, adequately and fairly reflect the cost to the Bank of making or maintaining loans hereunder, or (4) any Benchmark is, or is likely to be, unlawful, the Bank may amend this 2021 Note and any other Loan Document to replace such Benchmark with a Benchmark Replacement. “Benchmark Replacement” means, for any Benchmark, a replacement benchmark rate, which may include a spread adjustment, that has been selected by the Bank in its sole discretion, giving due consideration to (a) any recommendation by a relevant governmental body of a replacement benchmark rate, the mechanism for determining such a rate or a spread adjustment, or (b) any evolving or then-prevailing market convention for determining a benchmark rate or a spread adjustment. the Bank may effect such amendments to this 2021 Note and the other Loan Documents as the Bank in its sole discretion deems appropriate to reflect the adoption and implementation of such replacement rate, which amendments will become effective without any further action or consent of any other party to this 2021 Note or any other Loan Document; provided that the Bank shall give the City notice of any such amendment. In no event shall any Benchmark Replacement be less than zero percent (0.00%).
(ii) if at any time the Bank determines in its discretion that any Benchmark is unavailable for any reason on a temporary basis, the Bank may (i) calculate such Benchmark using such previous or historical publications of such Benchmark as the Bank determines in its discretion to be appropriate, or (ii) select and apply a Benchmark Replacement during such period.
(iii) The Bank will have the right to make from time to time any technical, administrative or operational changes that the Bank decides in its discretion may be appropriate to permit or enhance the efficient administration of any Benchmark or the adoption, implementation or administration of any Benchmark Replacement. Any amendments implementing such changes will become effective without any further action or consent of any other party to this 2021 Note or any other Loan Document; provided that the Bank shall give the City notice of any such amendment.
2. Deletion of Appendix. Appendix A is deleted from this 2021 Note, in its entirety.
Mt. Shasta City Council Regular Meeting June 26, 2023 32
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3. Ratification and Affirmation. Except as expressly amended hereby, all of the representations, warranties, terms, covenants and conditions contained in the Agreement, the 2021 Note and each other Loan Document are ratified and affirmed by the City and remain unamended and otherwise unmodified and in full force and effect. Without limitation of the foregoing, the City represents and warrants to the Bank as follows: (a) this Amendment has been duly authorized by an ordinance approved by the governing body of the City in accordance with applicable laws; (b) the officer(s) signing on behalf of the City below are duly authorized to do so; and (c) no Event of Default (or other event or circumstance which, with the passage of time or the giving of notice or both, would constitute an event of default) exists under the 2021 Note, the Agreement, or any of the Loan Documents.
4. Execution; Counterparts. This Amendment may be executed in counterparts, each of which will constitute an original, but all of which when taken together will constitute a single instrument.
Delivery of an executed counterpart of a signature page of this Amendment by facsimile or other electronic means will be as effective as delivery of a manually executed counterpart of this Amendment.
SIGNATURE PAGES FOLLOW
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Amendment No. 00137791T01-A
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SIGNATURE PAGE TO 2021 NOTE AMENDMENT
IN WITNESS WHEREOF, the parties hereto, by their duly authorized officer(s), have executed this Amendment.
CITY OF MOUNT SHASTA
By:
Name:
Title: Mayor
ATTEST:
By:
Name:
Title: City Manager
Mt. Shasta City Council Regular Meeting June 26, 2023 34
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Amendment No. 00137791T01-A
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SIGNATURE PAGE TO 2021 NOTE AMENDMENT
IN WITNESS WHEREOF, the parties hereto, by their duly authorized signatory(ies), have executed this Amendment.
COBANK, ACB
By:
Name:
Title:
Mt. Shasta City Council Regular Meeting June 26, 2023 35 56361118.4
Amendment No. 00137791T02-A
AMENDMENT TO
GRANT AND LOAN ANTICIPATION AND REVOLVING CREDIT PROMISSORY NOTE
THIS AMENDMENT TO GRANT AND LOAN ANTICIPATION AND REVOLVING CREDIT PROMISSORY NOTE, entered into as of June 28, 2023 (this “Amendment”), is between CITY OF MOUNT SHASTA, a municipal corporation and general law city, duly organized and existing under and by virtue of the laws and Constitution of the State of California (the “City”) and COBANK, ACB, a federally-chartered instrumentality of the United States (“Lender”). Capitalized terms used and not defined herein shall have the meanings assigned to such terms in the Agreement (as defined below).
RECITALS
The City and Lender are parties to that certain 2021 Credit Agreement (SWRCB Grant and Loan Anticipation Financing)(CoBank CIF #00137791T02) dated as of May 1, 2021 (as may be amended, hereinafter referred to as the “Agreement”), pursuant to which the City has delivered to the Lender its
GRANT AND LOAN ANTICIPATION AND REVOLVING CREDIT PROMISSORY NOTE (SWRCB Grant and Loan Anticipation Financing)(CoBank CIF #00137791T02) dated and delivered May 26, 2021 (as may be amended, hereinafter referred to as the “Promissory Note”). The City and Lender now desire to amend the Promissory Note. For that reason, and for valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the City and Lender agree as follows:
1. Modification of Applicable Interest Rate. Section 5 of the Promissory Note is amended and restated in its entirety as follows:
SECTION 5. INTEREST; PAYMENT OF INTEREST.
(A) Daily Simple SOFR Rate. The City agrees to pay interest on the outstanding principal amount of this Promissory Note at a variable rate per annum equal at all times to 1.20% plus the higher of: (1) zero percent (0.00%); and (2) Daily Simple SOFR (as defined below).
Borrowings may only be made on a day which is a Business Day (as defined below) and requests for borrowings must be received by 12:00 p.m. Denver, Colorado time on the date the borrowing is desired. Information about the then-current rate will be made available upon telephonic request.
For purposes of this Promissory Note, Daily Simple SOFR shall be considered a variable rate option. For purposes hereof, (a) “Daily Simple SOFR” means SOFR (as defined below) for the day that is five U.S. Government Securities Business Days (as defined below) prior to (i) if such day is a U.S. Government Securities Business Day, such day or (ii) if such day is not a U.S.
Government Securities Business Day, the U.S. Government Securities Business Day immediately preceding such day. Any change in Daily Simple SOFR due to a change in SOFR shall be effective from and including the effective date of such change in SOFR without notice to the City; (b) “SOFR” means, for any U.S. Government Securities Business Day, a rate per annum equal to the secured overnight financing rate for such day published (at such time as Lender may determine in its sole discretion) by the SOFR Administrator on its website (or any successor source identified by the SOFR Administrator from time to time) on the immediately succeeding U.S. Government Securities Business Day; (c) “SOFR Administrator” means the Federal Reserve Bank of New York (or a successor administrator of the secured overnight financing rate); (d) “U.S. Government Securities Business Day” means any day except for (i) a Saturday, (ii) a Sunday, or (iii) a day on which the Securities Industry and Financial Markets Association recommends that the fixed income departments of its members be closed for the entire day for purposes of trading in United States Mt. Shasta City Council Regular Meeting June 26, 2023 36
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government securities; and (e) “Business Day” means a day on which Lender and the Federal Reserve Banks are open for business.
(B) Payment of Interest. Interest will be calculated on the actual number of days each loan is outstanding on the basis of a year consisting of 360 days and will be payable semiannually in arrears on February 1 and August 1 of each year, commencing August 1, 2021, or on such other day as Lender will reasonably require in a written notice to the City (“Interest Payment Date”). (C) Tax Covenant. The City covenants for the benefit of the Lender that it will not take any action or omit to take any action with respect to this Promissory Note, the proceeds thereof, any other funds of the City or any facilities financed or refinanced with the proceeds of this Promissory Note if such action or omission (i) would cause the interest on this Promissory Note to lose its exclusion from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”), (ii) would cause interest on this Promissory Note to lose its exclusion from alternative minimum taxable income as defined in Section 55(b) of Code. The foregoing covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of this Promissory Note until the date on which all obligations of the City in fulfilling the above covenant under the Code have been met. The City makes no covenant with respect to taxation of interest on this Promissory Note as a result of the inclusion of that interest in the “adjusted financial statement income” of “applicable corporations” (as defined in Sections 56A and 55(k), respectively, of the Tax Code).
(D) Benchmark Replacement and Modification. Notwithstanding anything to the contrary in this Promissory Note or in any other Loan Document:
(i) if at any time Lender determines that (1) any interest rate offered hereunder (each such interest rate, a “Benchmark”) has been, or is likely to be, discontinued; (2) any Benchmark is not or is likely to not be representative of the underlying market and economic reality that such Benchmark is intended to measure; or (3) any Benchmark does not, or is likely not to, adequately and fairly reflect the cost to Lender of making or maintaining loans hereunder, or (4) any Benchmark is, or is likely to be, unlawful, Lender may amend this Promissory Note and any other Loan Document to replace such Benchmark with a Benchmark Replacement. “Benchmark Replacement” means, for any Benchmark, a replacement benchmark rate, which may include a spread adjustment, that has been selected by Lender in its sole discretion, giving due consideration to (a) any recommendation by a relevant governmental body of a replacement benchmark rate, the mechanism for determining such a rate or a spread adjustment, or (b) any evolving or then-prevailing market convention for determining a benchmark rate or a spread adjustment. Lender may effect such amendments to this Promissory Note and the other Loan Documents as Lender in its sole discretion deems appropriate to reflect the adoption and implementation of such replacement rate, which amendments will become effective without any further action or consent of any other party to this Promissory Note or any other Loan Document; provided that Lender shall give the City notice of any such amendment. In no event shall any Benchmark Replacement be less than zero percent (0.00%).
(ii) if at any time Lender determines in its discretion that any Benchmark is unavailable for any reason on a temporary basis, Lender may (i) calculate such Benchmark using such previous or historical publications of such Benchmark as Lender determines in its discretion to be appropriate, or (ii) select and apply a Benchmark Replacement during such period.
Mt. Shasta City Council Regular Meeting June 26, 2023 37
CITY OF MOUNT SHASTA
Amendment No. 00137791T02-A
3 56361118.4
(iii) Lender will have the right to make from time to time any technical, administrative or operational changes that Lender decides in its discretion may be appropriate to permit or enhance the efficient administration of any Benchmark or the adoption, implementation or administration of any Benchmark Replacement. Any amendments implementing such changes will become effective without any further action or consent of any other party to this Promissory Note or any other Loan Document; provided that Lender shall give the City notice of any such amendment.
2. Deletion of Appendix. Appendix A is deleted from this Promissory Note, in its entirety.
3. Ratification and Affirmation. Except as expressly amended hereby, all of the representations, warranties, terms, covenants and conditions contained in the Agreement, the Promissory Note and each other Loan Document are ratified and affirmed by the City and remain unamended and otherwise unmodified and in full force and effect. Without limitation of the foregoing, the City represents and warrants to the Lender as follows: (a) this Amendment has been duly authorized by an ordinance approved by the governing body of the City in accordance with applicable laws; (b) the officer(s) signing on behalf of the City below are duly authorized to do so; and (c) no Event of Default (or other event or circumstance which, with the passage of time or the giving of notice or both, would constitute an event of default) exists under the Promissory Note, the Agreement, or any of the Loan Documents.
4. Execution; Counterparts. This Amendment may be executed in counterparts, each of which will constitute an original, but all of which when taken together will constitute a single instrument.
Delivery of an executed counterpart of a signature page of this Amendment by facsimile or other electronic means will be as effective as delivery of a manually executed counterpart of this Amendment.
SIGNATURE PAGES FOLLOW
Mt. Shasta City Council Regular Meeting June 26, 2023 38
CITY OF MOUNT SHASTA
Amendment No. 00137791T02-A
4 56361118.4
SIGNATURE PAGE TO NOTE AMENDMENT
IN WITNESS WHEREOF, the parties hereto, by their duly authorized officer(s), have executed this Amendment.
CITY OF MOUNT SHASTA
By:
Name:
Title: City Manager
Mt. Shasta City Council Regular Meeting June 26, 2023 39
CITY OF MOUNT SHASTA
Amendment No. 00137791T02-A
5 56361118.4
SIGNATURE PAGE TO NOTE AMENDMENT
IN WITNESS WHEREOF, the parties hereto, by their duly authorized signatory(ies), have executed this Amendment.
COBANK, ACB
By:
Name:
Title:
Mt. Shasta City Council Regular Meeting June 26, 2023 40 City Council Agenda Item # 7d
Staff Report
Meeting Date: June 26, 2023
To: Mayor and City Council
From: Ken Kellogg, Public Works Director and Todd
Juhasz, City Manager
Subject: Declaration of Surplus Equipment
Recommendation:
Staff respectfully requests the City Council Adopt Resolution CCR-23-XX A Resolution of the City Council of the City of Mt. Shasta Declaring Certain Vehicles and Equipment as Surplus Property.
Background & Summary:
Staff has identified vehicles and equipment that are no longer necessary for City operations and should be declared surplus for the purpose of disposal. Such equipment will be sold to recover whatever remaining value it has.
Attachments:
Proposed Resolution with Attachment
Regular
X Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting June 26, 2023 41 RESOLUTION CCR-23-XX
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
DECLARING CERTAIN VEHICLES AND EQUIPMENT
AS SURPLUS PROPERTY AND
AUTHORIZING DISPOSAL
WHEREAS, the Department Directors of the City of Mt. Shasta have identified certain Cityowned equipment that is no longer necessary to the City’s operations and are taking up storage space; and
WHEREAS, the City has the power under Section 37350 of the Government Code to dispose of property for the common benefit; and
WHEREAS, the City Council finds that the realization of the salvage value of property that is no longer necessary for operational needs so that it might be applied to acquisition of new equipment would be of benefit to the City and its citizens.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mt. Shasta that the personal property described on the attached Exhibit “A” is determined to be excess to the City’s operational needs and is authorized for disposal.
The foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Mt. Shasta on the 26th day of June, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: June 26, 2023
CITY OF MT. SHASTA
ATTEST:
Tessa Clure, Mayor
Kathryn M. Joyce, Deputy City Clerk
Mt. Shasta City Council Regular Meeting June 26, 2023 42 Exhibit “A”
Surplus Property List
1. 2002 Dodge ½ Ton Pickup Truck VIN#1D7HU16NX2J181417 License #1094649
2. 2002 Dodge ½ Ton Pickup Truck VIN#1D7HU16N82J181416 License #1094648
3. PTZ Optic SD Camera
4. Monfrotto Fixed Head Tripod
5. Dell Rolling Tower Rack
6. Peavey XR1212 Analog Mixer
7. Shure BLX Analog Cordless
8. Presonus Audiobox
9. Dell Precision 1620
10. Assorted Cables
Mt. Shasta City Council Regular Meeting June 26, 2023 43 Mt. Shasta City Council Regular Meeting June 26, 2023 44
RESOLUTION CCR-23-XX
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SISKIYOU TO CONSOLIDATE A
MUNICIPAL ELECTION FOR AN INCREASE TO THE CITY
TRANSIENT OCCUPANCY TAX, WITH THE SPECIAL DISTRICT
ELECTION TO BE HELD ON NOVEMBER 7, 2023 THE DATE
PURSUANT TO GOVERNMENT CODE §10403 OF THE ELECTIONS
CODE
WHEREAS, the City Council of the City of Mt. Shasta called a Municipal Election to be held on November 7, 2023 for the purpose amending the Mt. Shasta Municipal Code to increase the Transient Occupancy Tax to 12%, and;
WHEREAS, it is desirable that the Municipal Election be consolidated with the Special District Election to be held on the same date and that within the city, the precincts, polling places, and election officers of the two elections be the same, and that the Siskiyou County Registrar of Voters canvass the returns of the Municipal Election, and that the election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MT. SHASTA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Siskiyou is hereby requested to consent and agree to the consolidation of a Municipal Election with the Special District Election on Tuesday, November 7, 2023, for the purpose of amending the Mt. Shasta Municipal Chapter 3.12, Section 3.12.020 to increase the Transient Occupancy Tax from 10% to 12%.
SECTION 2. That the County of Siskiyou Registrar of Voters is requested and authorized to canvass the returns of the Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating consolidating elections.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the Siskiyou County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
SECTION 4. That the City of Mt. Shasta recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs related to this election.
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Siskiyou County Registrar of Voters.
Mt. Shasta City Council Regular Meeting June 26, 2023 45
SECTION 6. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Mt. Shasta this 26th day of June, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF MT. SHASTA
________________________________
TESSA CLURE
Mayor
ATTEST:
________________________________
KATHRYN JOYCE
City Clerk
3737
4867-7445-8219, v. 1
Mt. Shasta City Council Regular Meeting June 26, 2023 46
RESOLUTION CCR-23-XX
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
PROPOSING AN INCREASE OF THE UNIFORM TRANSIENT OCCUPANCY TAX (HOTEL TAX) OF THE CITY OF MT. SHASTA BE SUBMITTED TO THE VOTERS
FOR APPROVAL AND FIXING TIME FOR ELECTION
BE IT RESOLVED by the City Council of the City of Mt. Shasta as follows:
Section 1. Authority. This Resolution is adopted pursuant to Government Code Section 53720, et seq.
Section 2. Title. This Resolution may be cited as the “Uniform Transient Occupancy Tax Resolution of 2023.”
Section 3. Proposal. California Revenue and Taxation Code Section 7280 provides that counties may levy a tax on the privilege of occupying a hotel room or other lodging for not more than 30 days, called a “transient occupancy tax,” commonly known as a “hotel tax.” Section 8-
4.03 of the Siskiyou County Code establishes the County’s hotel tax at eight percent (8%), which tax was last increased in 1990. It is proposed that a general tax measure to increase the hotel tax to twelve percent (12%) be submitted to the voters of the County of Siskiyou at the election on Tuesday, March 3, 2020. Such action is taken pursuant to California Constitution Article XIIIC, §2(b) which requires that any general tax be passed by a two-thirds vote of the legislative body, and by a majority of the voters voting in an election on the tax which is consolidated with a regularly scheduled general election of members of the governing body.
Section 4. Rate to be Charged as a General Tax. The Mt. Shasta City Council does hereby find that an increase in an existing general tax, specifically the hotel tax, by two percent (2%) and which will be collected by the operators of hotels as provided Chapter 3.12 of the Mt.
Shasta Municipal Code, is in the best interests of the City of Mt. Shasta.
Section 5. General Tax. The City Council finds and declares that this hotel tax is a general tax, for general governmental purposes, and not a special or ad valorem tax. This general hotel tax which is deposited into the City’s General Fund pays for essential City services that benefit both residents and visitors. These services may include, but are not limited to fire protection, law enforcement, emergency response and preparedness services, facilities and equipment maintenance, and other general City services.
Section 6. Method of Collection. This general hotel tax, if confirmed by the voters, shall be collected as provided in the Chapter of the Mt. Shasta Municipal Code and is estimated to generate an additional $245,000 annually for a total of $1,477,000 with all money to be used locally.
Mt. Shasta City Council Regular Meeting June 26, 2023 47
Section 7. Election Date. The proposed general hotel tax shall be submitted to the voters of the City of Mt. Shasta at the election to be included and consolidated with the Siskiyou County Special election held on November 7, 2023. Notice of the time and place of holding the election is given and the County Clerk is requested to give further or additional notice of the election, in time, form, and manner as required by law.
Section 8. Effective Date of Tax. This Resolution, being for the enactment and imposition of a general hotel tax, shall be submitted to a vote of the qualified voters at the election held on November 7, 2023. The hotel tax shall become valid and binding if a majority of the voters voting thereon vote in its favor at said election and shall become permanent, unless repealed or amended, and will be effective on July 1, 2024.
Section 9. Severability. If any section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid, unconstitutional, or otherwise unlawful, by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, the application thereof, and the general taxes imposed shall not be effected thereby but shall remain in full force and effect, it being the intention of the voters to adopt each and every section, subsection, part, clause, sentence, or phrase, regardless of whether any other section, subsection, part, clause, sentence, or phrase or the application thereof is held to be invalid or unconstitutional. The Mt. Shasta City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or phrases be declared invalid, unconstitutional, or unlawful.
NOW, THEREFORE, BE IT RESOLVED by the Mt. Shasta City Council, pursuant to its right and authority, that the following question is ordered submitted to the voters of the City of Mt. Shasta and placed on the ballot for vote at the election to be held November 7, 2023:
“MEASURE ______
To provide funding (all funds used locally) for infrastructure and general City services, including, but not limited to, fire protection, law enforcement, rescue, emergency response and preparedness, and maintaining facilities and equipment, shall the City increase the transient occupancy tax (hotel tax) rate from 10% to 12% on July 1, 2024, with an estimated increase of $245,000 generated annually from the resulting tax and will remain in effect until repealed or amended?
YES ____________ NO____________”
Notice of the time and place of holding the election is given, and the County Clerk is requested and authorized to give further or additional notice of the election, in time, form, and manner as required by law.
Mt. Shasta City Council Regular Meeting June 26, 2023 48
IT IS FURTHER RESOLVED that the election be included and consolidated with the election on November 7, 2023.
PASSED, APPROVED, AND ADOPTED at a regularly scheduled meeting of the Mt. Shasta City Council, this 26th day of June, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF MT. SHASTA
_________________________________
TESSA CLURE
Mayor
ATTEST:
__________________________________
KATHRYN JOYCE
City Clerk
3737
4883-9759-7803, v. 1
Mt. Shasta City Council Regular Meeting June 26, 2023 49
ORDINANCE NO. ___________
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MT. SHASTA AMENDING MT. SHASTA MUNICIPAL CODE SECTION 13.12.020
UNIFORM TRANSIENT OCCUPANCY TAX
THE CITY COUNCIL OF THE CITY OF MT. SHASTA ORDAINS AS FOLLOWS:
SECTION I: Chapter 3.12, Section 3.12.020 of the Mt. Shasta Municipal Code is hereby amended to read as follows:
“For the privilege of occupancy in any hotel, each transient shall be subject to and shall pay a tax in the amount of twelve percent (12%) of the rent charged by the operator. Such tax shall constitute a debt owed by the transient to the City, which debt shall be extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient’s ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax be paid directly to the Tax Administrator.”
SECTION II: Pursuant to Government Code Section 36937(c) and 53724(b) this ordinance shall become effective immediately upon its passage by a two-thirds vote of all of the members of City Council. However said section will not become operative unless and until it is presented to a vote of the electorate and approved by a majority vote of the voters voting in an election on the issue.
SECTION III: The County Clerk is hereby requested to conduct the necessary proceedings to place this matter for vote of the electorate as required by law.
SECTION IV: Constitutionality: If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council hereby declares that it would have passed this ordinance and each clause or phrase thereof, irrespective of the fact that any one or more clauses or phrases be declared unconstitutional.
Mt. Shasta City Council Regular Meeting June 26, 2023 50
SECTION V: This ordinance shall, within 15 days of adoption, be published once in the Mt. Shasta Herald, a newspaper of general circulation, printed and published in the City of Mt.
Shasta.
PASSED, APPROVED, AND ADOPTED this 26th day of June, 2023, at a regular meeting of the City Council OF the City of Mt. Shasta, State of California, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF MT. SHASTA
________________________________
TESSA CLURE
Mayor
ATTEST:
________________________________
KATHRYN JOYCE
City Clerk
3737
4890-7464-9451, v. 1
Mt. Shasta City Council Regular Meeting June 26, 2023 51
ANALYTICS AND PROJECT
PROPOSAL
COMPANY NAME
Mt. Shasta City Council Regular Meeting June 26, 2023
The Ascension Aesthetic OWNER Josh Thomas www.TheAscensionAesthetic.com 52 Analytics
2 July 8th, 2022 - June 18th, 2023
Mt. Shasta City Council Regular Meeting June 26, 2023 53 Analytics
3 July 8th, 2022 - June 18th, 2023
Mt. Shasta City Council Regular Meeting June 26, 2023 54 Analytics
4 July 8th, 2022 - June 18th, 2023
Mt. Shasta City Council Regular Meeting June 26, 2023 55 Analytics
5 Mt. Shasta City Council Regular Meeting June 26, 2023 56 Analytics
6 Website
Mt. Shasta City Council Regular Meeting June 26, 2023 57 Future Goals 7
Facebook Instagram
Followers:
3958
Followers:
4877
Mt. Shasta City Council Regular Meeting June 26, 2023 58 Our Services 8
15 posts per month, Daily Stories, Reels, Data
Analysis, Profile Optimization, Industry Research,
Hashtag Research.
Facebook/Instagram Marketing
Website Updates and Maintenance, SEO, Additional
Content Generation, Data Analysis, YouTube Account
Library.
Website/YouTube Management
15%-20% Updates to Winter, Spring, Summer, &
Fall videos, Music Licensing as well as a lifestyle
video of your choosing up to 1-2 minutes long.
Seasonal Video Updates/Lifestyle Video
Campaign Creation, Pixel Creation, Audience Creation,
Keyword Research, Creative & Copy, Data Analysis,
Conversion Tracking, Retargeting Strategy. $100 per month ad spend. $200/month ad spend for larger budget option.
Facebook/Instagram/Google Ad Marketing
01 02
03 04
Mt. Shasta City Council Regular Meeting June 26, 2023 59 Our Services 9
Follower engagement, data analysis of all
customers to be used for targeting strategy in ad
campaigns or email targeting campaigns.
Customer Relationship Management
Design of e-commerce store integrated into the website, professional photography and editing of merchandise,
updates as needed, consultation.
E-Commerce Creation & Design
05 06
Mt. Shasta City Council Regular Meeting June 26, 2023 60 Presence at Events 10
Large Well Known Events
•Ginduro
•4th of July
•Winter Magic
•Music in the Park
•Art Wine & Brew Fest
•BlackBerry Festival
•The Ascension Race
Etc.
Mt. Shasta City Council Regular Meeting June 26, 2023 61 Goals Met √ 11
Dissemination of
Information More Spending
Income Generation Satisfied Visitors
More tourism means more economic
growth in our city. It means more dollars in
the pockets of local businesses and their
employees.
Quality content as well efficient distribution
of said content is not an option in this day
and age, it’s a necessity.
Visit Mt. Shasta has the potential to be an
income generating operation. The ECommerce store has been created on the VMS website and giveaways have been
very successful when cross promoting local
businesses.
Visitors mention having had an overall
positive experience and are likely to return
as well as influence family members or
friends to visit. (71 % of people say reviews
from family members or friends influence
purchase decisions).
Mt. Shasta City Council Regular Meeting June 26, 2023 62 Goals Met
√ 12
Mt. Shasta City Council Regular Meeting June 26, 2023 63 More Brand Potential 13
Website Social Media
Our website directs viewers to local hotels,
restaurants, and shops.
Potential: Hotel booking api (application
programming interface) could be built in to
the website in the future. Or if the hotel
decided to do affiliate marketing we could
receive a fee.
Social media funnels traffic to local hotels,
restaurants, shops and business owners.
Potential: Businesses may utilize VMS
social channels to grow their own following
and reach customers outside their sphere
of influence for a fee.
Mt. Shasta City Council Regular Meeting June 26, 2023 64 Future Goals 14
•A Taste of Mt. Shasta (5 great summer spots to eat)
•Eat Play Stay (A day in the life)
•More comprehensive event coverage
More Lifestyle Video Content (Reels)
•Local Restaurants
•Hotels/Airbnbs
•Rafting/Mountain Biking/Etc.
•Eat Play Stay
More Giveaways
•Gives Brand Authenticity
•Lends Credibility
•Increased Visibility
•Enhanced Reach
•Access to Special Features
(such as advanced analytics)
Blue Check Mark
Mt. Shasta City Council Regular Meeting June 26, 2023 65 T.O.T. Numbers 15
For Year ’21/’22
TOT: $1,186,841
Reminder: Our time has been from July 8th, 2022 until now.
For Year ’22/’23
TOT: $1,224,000
Increase of $37,159
Projected (there is a four month lag time in
receipts through June 30th, so we
conservatively estimate based on revenue
trends we’re seeing.
Mt. Shasta City Council Regular Meeting June 26, 2023 66 16 Same Plan Upgraded Plan
Instagram/Facebook Management Instagram/Facebook Management (Blue Verification Badge)
Website/YouTube Management Website/YouTube Management
Seasonal/Lifestyle Video Updates Seasonal Video Updates + More Lifestyle Video Content & Event Coverage
Facebook/Instagram/Google Ad Marketing
($100/month in ad spend)
Facebook/Instagram/Google Ad Marketing
($200/month in Ad Spend)
Customer Relationship Management Customer Relationship Management E-Commerce Support
Giveaways
$2900/month $3200/month
Options
Mt. Shasta City Council Regular Meeting June 26, 2023 67 Contacts 17
E-mail:
[email protected]
Adress:
510 Mt. Shasta Blvd Suite A1
Mt. Shasta, CA 96067
Phone:
Mobile: (530) 925-2734
Mt. Shasta City Council Regular Meeting June 26, 2023 68