Mount Shasta City Council
October 9, 2023

“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: Recognition of Mt. Shasta Police Department

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, October 9, 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 October 9, 2023 1 Page
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Mt. Shasta Regular City Council Meeting Agenda
Monday, October 9, 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: September 25, 2023 Regular Meeting b. Approval of Disbursements: Accounts Payable 9/18, 9/19, 9/22, and 10/4/2023:

Total Gross Payroll and Taxes: For Period Ending 9/17/2023 c. Monthly Investment and Financial Report
d. Second Reading and Adoption of Ordinance CCO-23-XX Amending chapters 18.08, 18.16, and 18.98 of the Land Development Code of the Mt. Shasta Municipal Code to comply with emergency shelter regulations in State law (Sections 65582 and 65583 of the California Government Code)
e. Approval of Memorandum of Understanding Between the City of Mt. Shasta and the Mt.

Shasta Recreation and Parks District
f. Police Department Report: September 2023

California Department of Transportation for the City of Mt. Shasta Complete Street Plan Background: The City of Mt Shasta has been awarded a CalTrans Planning Grant in the amount of $136,618 in support of the development of the Lake Street Complete Streets Plan. Council will consider a resolution to designate signature authority to the City Manager to execute agreements related to the grant. Passage of the resolution is required before CalTrans will release grant funds in support of the Plan.

Report By: Todd Juhasz, City Manager
Recommended Council Action: Staff recommends adoption of Resolution CCR-23-XX Authorizing the City Manager to Execute Agreements with the California Department of Transportation for the City of Mt. Shasta Complete Street Plan.

Authority
Background: At the Council meeting held on September 11th 2023, the City took the first step towards the formation of an Enhanced Infrastructure Finance District (EIFD) when it passed a Resolution of Intention which declared Council’s intention to establish the Mt. Shasta EIFD and establishing the Mt Shasta EIFD Public Financing Authority (PFA). The Public Financing Authority serves as the governing board of the EIFD. The PFA membership is comprised of three members of the City Council and two public members.

Report By: Todd Juhasz, City Manager
Recommended Council Action: Staff recommends the appointment of two members of the public to serve as members of the Public Financing Authority.

Background: At the September 25, 2023 City Council meeting, Councilmember Stearns requested a discussion regarding the shift from a one to a two-year budget process.

Report By: Muriel Terrell, Finance Director
Recommended Council Action: Direct staff.

Mt. Shasta City Council Regular Meeting October 9, 2023 2 6-62
63-64
65 66
Mt. Shasta Regular City Council Meeting Agenda
Monday, October 9, 2023

CITY COUNCIL/STAFF REPORTING PERIOD

11. Reports Re: Outside Meetings: None

12. Future Agenda Items and Meetings (Appearing on the agenda within 60-90 days):
a. Discussion and Possible Action: Staff Recommendations for Improved Snow Plowing Operations – 10/23/2023
b. Amendment to the Municipal Code: Camping Ordinance – 10/23/2023 c. Discussion and Possible Action: McCloud Avenue Parking Prohibition – TBD d. Discussion and Possible Action regarding the Active Transportation Committee – TBD e. Approval of Funds to Complete a Survey of Washington Avenue – TBD f. Amendment of Parklet Ordinance - 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

13. 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 October 9, 2023 3 1 CCR-23-XX
RESOLUTION CCR-23-XX

A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
RECOGNIZING MT. SHASTA POLICE DEPARTMENT PERSONNEL

FOR OUSTANDING JOB PERFORMANCE
WHEREAS, the Police Department has participated in active shooter training and scenarios, and;
WHEREAS, that training and preparation by the Police Department in coordination with the Mt.

Shasta High School had prepared both agencies on responding to threats of violence at schools, and;
WHEREAS on September 11th, 2023 the Police Department responded to a report of a potential threat of violence directed towards the Mt. Shasta High School, and; WHEREAS, Dispatchers, Officers and Supervisors worked diligently to investigate those threats and
as a result, the Police Department arrested a suspect and prevented a potential mass shooting from occurring, and;
WHEREAS, the entire Police Department was involved in some manner in the investigation the City Council would like to commend and recognize specific police department members for their efforts.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mt. Shasta that the following personnel are commended:

1. Officer Gregory Russell, who was the lead investigating officer.

2. Dispatch Supervisor Jennifer Lensing, who was the initial dispatcher and coordinated all information that came into the Police Department.

3. Sergeant Devon Priddy, who was the front-line supervisor and directly supported the investigation.

The foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Mt. Shasta on the 9th day of October 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: October 9, 2023
Mt. Shasta City Council Regular Meeting October 9, 2023 4 2 CCR-23-XX
CITY OF MT. SHASTA
ATTEST:

Tessa Clure, Mayor
Kathryn M. Joyce, Deputy City Clerk
Mt. Shasta City Council Regular Meeting October 9, 2023 5 Mt. Shasta City Council Regular Meeting DRAFT Minutes
Monday, September 25, 2023; 5:30 p.m.

City Park Upper Lodge 1315 Nixon Road, Mt. Shasta
Meeting allowed for virtual attendance via ZOOM
Approved as Amended September 25, 2023
“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 5:37 p.m. Mayor Clure called the meeting to order and led the audience in the flag salute.

2. Roll Call:

Council Members Present: Redmond, Stackfleth, Collings, Stearns, Clure.

Council Members Absent: None

3. Special Presentations: None

4. Public Comment:

Johanna Altorfer – Comments regarding the Housing and Community Development (HCD) response letter to the City’s Housing Element.

5. Council and Staff Comments:

Todd Juhasz, City Manager – Comments regarding City grant funds for water line replacements, drainage infrastructure planning and design. Comments regarding the One Shasta well site acquisition. Comments regarding stormwater drainage assessment report.

Tessa Clure, Mayor – Review of recent ride along with Officer Goldsberry of the Mt. Shasta Police Department.

6. Committee Updates: No updates
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 October 9, 2023 6 City of Mt. Shasta Regular City Council Meeting Minutes Monday, September 25, 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: September 11, 2023 Regular Meeting b. Resolution CCR-23-27, Adopting a List of Projects to be Funded by SB1 Councilmember Stearns requested a correction to the September 11, 2023 minutes.

MOTION TO APPROVE with amendment to September 11, 2023 minutes: Stackfleth SECOND: Stearns
AYES: Redmond, Stackfleth, Collings, Stearns, Clure
NOES: None
ABSENT: None
ABSTAIN: None

8. First Reading of Ordinance amending chapters 18.08, 18.16, and 18.98 of the Land Development Code of the Mt. Shasta Municipal Code to comply with emergency shelter regulations in State law (Sections 65582 and 65583 of the California Government Code)
Todd Juhasz, City Manager – review of State Law, required emergency shelter ordinance. Review of City funds pledged to Yreka to build shelter.

Michelle Nielsen, Planwest – Review of the proposed ordinance amendments, purpose of the ordinance. Review of SB2 and government code, review of definition of emergency shelter. Review of State Law and how draft ordinance addresses it. Review of CEQA categorical exemption and findings.

Recess due to technical difficulties: 6:08 p.m. – 6:30 p.m.

Clarifying questions from Council.

Johanna Altorfer – Comments expressing concern about wetlands and the building of a shelter in Mt. Shasta, concerns about CEQA and various aspects of the proposed ordinance.

Vicki Gold – Comments regarding new City Planner, request for postponement of item until Planner is on board.

Comments expressing concern about zoning and technical interruption.

Council discussion.

COUNCIL ACTION: Approve first reading and move to second reading an Ordinance the Mt. Shasta Municipal Code to comply with emergency shelter regulations by title only.

MOTION TO APPROVE: Stearns
SECOND: Stackfleth
AYES: Redmond, Stackfleth, Collings, Stearns, Clure
NOES: None
ABSENT: None
ABSTAIN: None

9. Discussion and Possible Action: Consideration of a Proposed Tobacco Retailer Licensing Ordinance Todd Juhasz, City Manager – Review of item, previous discussions regarding the adoption of portions of the model ordinance.

Clarifying questions from Council.

Amanda Berryhill – Review of other municipalities that have adopted ordinances, statistics of tobacco use rate, comparing Siskiyou County to the rest of the state. Comments in support of retail policies.

Council discussion.

Councilmember Stearns made a motion to direct staff to prepare an ordinance; motion failed for lack of a second.

Council discussion.

COUNCIL ACTION: No action taken.

Mt. Shasta City Council Regular Meeting October 9, 2023 7 City of Mt. Shasta Regular City Council Meeting Minutes Monday, September 25, 2023

10. Reports on Outside Meetings: Councilmember Stearns reviewed his and Mayor Clure’s recent attendance at the League of California Cities Annual Conference.

11. Future Agenda Items (Appearing on the agenda within 60-90 days):

COUNCIL ACTION: Reviewed items a through h. Item added: Presentation by Pat Titus, Discussion and Possible Action to Move to a Two-Year Budget Process
a. Appoint Two Members of the Public to the Public Finance Authority – 10/9/2023 b. Final Budget Numbers from Fiscal Year 2022/2023 – 10/9/2023 c. Discussion and Possible Action: Staff Recommendations for Improved Snow Plowing Operations – 10/23/2023
d. Discussion and Possible Action: McCloud Avenue Parking Prohibition – TBD e. Discussion and Possible Action regarding the Active Transportation Committee – TBD f. Approval of Funds to Complete a Survey of Washington Avenue – TBD g. Amendment of Parklet Ordinance - TBD
Future Agenda Items Over 90 Days:
h. 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 7:13 p.m.

Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk Mt. Shasta City Council Regular Meeting October 9, 2023 8 City Council Agenda Item #7b
Staff Report
Meeting Date: October 9, 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 $893,800.97.

Background & Summary:

Approval of Check Numbers 51146-51274 $ 750,814.18
Total Payroll Distribution $ 80,278.02
Total EFTPS – CalPERS, Nationwide $ 24,675.44
Total Payroll EFTPS Taxes $ 38,033.33
$ 893,800.97
Financial Impact:

Expenditures are consistent with the Budget that the City Council has adopted.

Attachments:

1.) Check Registers – 9/18/23, 9/19/23, 9/22/23, 10/4/23

2.) ACH Payroll Distribution – 9/21/23

3.) EFTPS Reports – 9/21/23
Regular
x Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting October 9, 2023 9 Mt. Shasta City Council Regular Meeting October 9, 2023 10 Mt. Shasta City Council Regular Meeting October 9, 2023 11 Mt. Shasta City Council Regular Meeting October 9, 2023 12 Mt. Shasta City Council Regular Meeting October 9, 2023 13 Mt. Shasta City Council Regular Meeting October 9, 2023 14 Mt. Shasta City Council Regular Meeting October 9, 2023 15 Mt. Shasta City Council Regular Meeting October 9, 2023 16 Mt. Shasta City Council Regular Meeting October 9, 2023 17 Mt. Shasta City Council Regular Meeting October 9, 2023 18 Mt. Shasta City Council Regular Meeting October 9, 2023 19 City Council Agenda Item # 7c
Staff Report
Meeting Date: October 9, 2023
To: Mayor and City Council
From: Muriel Howarth Terrell, Director of Finance
Subject: Revenue Status Update, Monthly Investment and Financial Report for the Period Ending August 31, 2023
Recommendation:

Staff respectfully requests the City Council review the provided information regarding the City’s revenue and investments.

Background & Summary:

Revenues:

Revenue for this report has been updated to recognize the collections for June 2023 received in July and August 2023.

Property Tax Revenue:

The City has received $1,076,374 through August 2023 in property tax for fiscal year 2022-2023, accrued for June 30, 2023. The budgeted amount was $979,000. Very little property tax is collected after June 30, 2023 for the 2022-2023 fiscal year. The prior year audited balance collected was $978,221.

Sales Tax Revenue:

The City has received $1,693,783 through August 31 2023 in sales tax for fiscal year 2022-2023 accrued for June 30, 2023. The mid-year adjusted budgeted amount was $1,680,000. The actual result is about $14,000 more than budgeted. The prior year audited balance was $1,665,866.

Cannabis Revenue:

The City has received $115,700 through August 2023 in cannabis revenue for the fiscal year 2022-2023 accrued for June 30, 2023. The budgeted cannabis revenue total is $125,000 for fiscal year 2022-2023. We anticipate being $9,300 short of budget.

Regular
X Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting October 9, 2023 20 2 Transient Occupancy Tax:

The city has received $1,252,500 through August 2023 in TOT for the fiscal year 2022-2023 accrued for June 30, 2023. Budgeted revenue for fiscal year 2022-2023 is $1,224,000. Our current collections are over $28,500 of the budget. The audited balance collected for fiscal year 2021-2022 was 1,186,841.

As of September 30, 2023, the combined funds the City of Mt. Shasta had invested in the Local Agency Investment Fund (L.A.I.F.) totaled $249,391.56. The September 2023 LAIF statement is attached, along with the performance data for the month of August. Most surplus funds over which the City has control are currently invested in ProEquities. The balance of the City’s cash funds are held in the pooled checking account with Tri Counties Bank and LAIF.

Current investment rates are:

L.A.I.F. August 31, 2023 3.434%
Treasury Note – 3 month August 31, 2023 5.45%
Treasury Note – 2 Yr. August 31, 2023 4.87%
Treasury Note – 5 Yr. August 31, 2023 4.26%
Treasury Note – 10 Yr. August 31, 2023 4.11%
Treasury Note – 30 Yr. August 31, 2023 4.21%
Bloomberg as reported by Chandler Asset Management
The LAIF average increased slightly from last month, all notes experienced increases except the 2 year note which decreased slightly. We continue to anticipate the LAIF rate slowly increasing staying just above 3%. Short term CD rates are now better than the LAIF rate and longer-term notes may offer better yields it does not give us the liquidity we need. The LAIF rate remains the best available rate that meets the City’s requirement for liquidity and safety.

Financial Impact:

The investments are in compliance with the City’s investment policy and provides for meeting the City’s cash flow needs for the next month and 6 month periods.

Compliance with 2014-17 City Council Strategic Plan:

The City Council’s leadership efforts to ensure adherence to the best possible financial practices and overall transparency falls under Strategic Focus IV – Grow Mt. Shasta Pride and Quality and the Municipal Responsibilities of Progressive Leadership and Financial Health and Economic Opportunity.

Attachments:
• LAIF Monthly Statement
• LAIF Performance Report
Mt. Shasta City Council Regular Meeting October 9, 2023 21 3 • LAIF Monthly Balances
• September 2023 Chandler Asset Management
Mt. Shasta City Council Regular Meeting October 9, 2023 22 Mt. Shasta City Council Regular Meeting October 9, 2023 23 Mt. Shasta City Council Regular Meeting October 9, 2023 24 Mt. Shasta City Council Regular Meeting October 9, 2023 25 Mt. Shasta City Council Regular Meeting October 9, 2023 26 Mt. Shasta City Council Regular Meeting October 9, 2023 27 Agenda Item # 8
Staff Report
Meeting Date: October 9, 2023
To: City Council
From: City Manager
Subject: First Reading: Ordinance amending chapters 18.08, 18.16, and 18.98 of the Land Development Code of the Mt. Shasta Municipal Code to comply with emergency shelter regulations in State law (Sections 65582 and 65583 of the California Government Code).

Staff Recommendation
Staff respectfully recommends that the City Council:

1. Open the public hearing;

2. Receive the staff report on the text amendments to Land Development Code for emergency shelters to comply with State law,

3. Receive and consider comments from the public, and

4. Motion to approve the first reading of CCO-23-XX by title only and move it to a second reading and adoption; and to make the required findings and adopt the amendments to the Mt. Shasta land Development Code.

Background
In 2007 State housing element law, Government Code (Gov’t Code) Sections 65583 and 65589.5, were amended to add specificity as to how cities and counties are to regulate emergency shelters, including limiting the denial of emergency shelters by requiring specific findings. 1 Below are the highlights of the 2007 SB 2
amendments:
• Cities and counties shall identify at least one zone to permit emergency shelters without a conditional use permit or other discretionary action.
• Sufficient capacity must be identified to accommodate the need for emergency shelters and at least one year-round emergency shelter.
• Existing or proposed permit procedures, development and management standards must be objective and encourage and facilitate the development of or conversion to emergency shelters.2 • Emergency shelters shall only be subject to development and management standards that apply to residential or commercial uses within the same zone.
• Written and objective standards may be applied as specified in statute, including maximum number of beds, provision of onsite management, length of stay and security.

HCD’s May 2008 technical assistance memo advises how local governments can comply with SB 2’s 1 These amendments are often referred to as SB 2 (2007). 2 Objective standards are those that involve no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official. [Government Code Section 65589.5, subdivision (f)] Mt. Shasta City Council Regular Meeting October 9, 2023 28 requirement that the zoning permits emergency shelters in a non-discretionary manner. 3 The local government’s zoning regulation, development standards and procedures for emergency shelters must include:
• Objective development standards that encourage and facilitate the approval of emergency shelters. • Decision-making criteria such as standards that do not require discretionary judgment. • Standards that do not render emergency shelters infeasible, and only addressthe use as an emergency shelter, not the perceived characteristics of potential occupants.

Requiring a variance, minor use permit, special use permit or any other discretionary process does not constitute a non-discretionary process. Local governments may apply non-discretionary design review standards, however.

In 2010 the City Council adopted Ordinance CCO-10-03 amending Mt. Shasta’s Land Development Code, i.e., Title 18 of Mt. Shasta Municipal Code, to meet the requirements of SB 2 (2007). While Ordinance CCO-10-03 meets some of the requirements of State law, some provisions are inconsistent (discussed further below).

Consequently, the housing elements for both the 2014-2019 and 2023-2031 planning periods (5th cycle and 6th cycle, respectively) identify the existing inconsistencies with State as a regulatory constraint and include programs that commit the City to zoning code updates to address the inconsistencies with State law.4 Although Program HO-2.5.2 was adopted at part of the City’s 5th cycle housing element, the City has been unable to implement the Program and prepare the necessary amendments to the Land Development Code due to resource and staffing constraints.

The California Department of Housing and Community Development (HCD) recently updated their housing element review procedures and will no longer certify housing elements of cities and counties that do not have zoning regulations for emergency shelters that comply with SB 2 (2007).5 Mt. Shasta is in the process of updating its housing element, with the draft housing element undergoing HCD review for compliance State law (see step 4 of the Housing Element Update Process flowchart in Figure 1). This change in HCD housing element review procedures accelerates the importance of amending the emergency shelter provisions of the Land Development Code because the City’s housing element update cannot be found to be compliant with State housing law. To offset the cost for preparing the amendments, in June 2023 the City Council adopted Resolution CCR-23-15 authorizing the reprogramming of HCD planning grant funds for the purpose of amending the Land Development Code.6
Analysis
There are no emergency shelters currently proposed, nor is an emergency shelter currently operating in the City of Mt. Shasta. The amendments to the Land Development Code propose to modify the following three chapters of the Land Development Code:
3 https://www.hcd.ca.gov/community-development/housing-element/housing-element-memos/docs/sb-2-combinedupdate-mc-a11y.pdf, accessed July 31, 2023. 4 For the City’s 5th cycle housing element, Program HO-2.5.2, was adopted. The 6th cycle draft housing element proposes a similar program, Program HO-4.2.1, to address the State law inconsistencies. 5 https://www.hcd.ca.gov/planning-and-community-development/housing-elements/building-blocks/zoning-variety-ofhousing-types, accessed July 31, 2023. 6 Resolution CCR-23-15 of the Mt. Shasta City Council, regular meeting agenda of June 12, 2023. Agenda item # 8, pages 36-48. HCD approved the reprogramming of funding on June 22, 2023.

Mt. Shasta City Council Regular Meeting October 9, 2023 29

1. Definitions, Chapter 18.08

2. District Regulations, Chapter 18.16

3. Emergency Shelter regulations, Chapter 18.98
The amendments propose to update the definition of emergency shelter in chapter 18.08.352 to be consistent with Gov’t Code Sections 65582 and 65583. Police Chief Gibson reviewed the draft amendments and commented about the definition’s vagueness regarding how time is measured for the length of stay. Chief Gibson makes a good point and Planwest Partners researched this further. Unfortunately, this research did not yield further guidance clarifying how time may be measured. The document Local Zoning Best Practices for Shelter and Transitional and Supportive Housing (October 2017) does caution local governments about narrowing the definition as it may conflict with State law.7
The Mt. Shasta Land Development Code currently permits emergency shelters in the High Density Residential (R-3), Downtown Commercial (C-1), and General Commercial (C-2) zones. However, the present language of the Land Development Code only expressly states the allowance for emergency shelters for the R-3 zone, and this allowance can only be found in chapter 18.98. Emergency shelters are a permitted use in the C-1 and C2 zones because all residential uses permitted in R-3 are also permitted in the C-1 and C-2, see 8.5(B) and 9.5(A) of chapter 18.16.020, respectively. The amendments propose to update the zoning district tables in chapter

18.16.020 for the R-3, C-1, and C-2 zones to enumerate emergency shelters as a permitted use. The proposed amendments ensures consistency with State law while also improving the transparency and usability of the Land Development Code for all users. The amendments do not propose to change or expand the zones where emergency shelters are a permitted use.

On August 15, 2023, the Mt. Shasta Planning Commission held a duly noticed public hearing to receive public testimony, provide direction and a recommendation to the City Council. No members of the public were present, in person or via Zoom, to provide testimony to the Planning Commission. Nor did the City receive written public comments on the draft emergency shelter ordinance. The Planning Commission discussed the matter and provided direction to City staff and the City’s consultant, then unanimously recommended that the City Council make the required findings and adopt the amendments to the Mt. Shasta Land Development Code.

Table 1 below provides the Planning Commission’s direction to City staff and the City’s consultant for revisions, and a comment from staff when applicable. For each section that the PC had specific direction, a summary of the proposed revision is provided.
7 https://homeless.lacounty.gov/wp-content/uploads/2019/02/Public-Counsel-SB-2-Best-Practices-Guide.pdf, page 7.

Mt. Shasta City Council Regular Meeting October 9, 2023 30 Table 1
Section
Number(s)
Planning Commission
Discussion and Direction Staff Comment
Summary of Proposed
Revision

18.08.352 and

18.98.010
Include definition of "homeless"? The PC’s discussion concluded that adding a definition may be problematic as it could be discriminatory and be a barrier for people accessing services.

The Purpose language of

18.98.010 was amended to clarify
that emergency shelters provide
housing for people in need of
shelter.

18.98.030(B) Add provision to increase length
of stay to over 6 months
n/a Language was added to

18.98.030(B) allowing operators
to seek an approval to increase
the length of stay of up to one (1)
year at the discretion of the City
Manager or their designee.

18.98.030(C) To the security requirements add
installation of security cameras
n/a The PC’s recommendation is included as a security requirement in this section.

18.98.030(A.5) Clarify 60 bed limit vs. occupancy
load, and how thresholds are applied
n/a This section now specifies that the
number of beds in an emergency
shelter shall not exceed the occupant load as determined by the City’s building official, and in no
case shall not exceed 60 beds.

18.98.030(D)(1)
and 18.98.080
Hours of operation that are striked
through: revisit. Not too prescriptive but allow for quiet hours if allowable? Revising section 18.98.080 to provide quiet hours may run afoul of the State law requirement that shelters are to be "...subject only to development and management standards that apply to residential or commercial development in the same zone." While the hours of operation for parklets are regulated, these do not apply broadly to other uses in the C-1 and C2 zones. Permitted uses in the R-3 zone are not subject to restricted hours. It is Planwest’s assessment that imposing quiet hours on emergency shelters would not be Section 18.98.030(D)(1) requires
shelters to establish specific hours
for client intake and discharge and
these hours must be posted.

18.98.080: it is recommended this
section be deleted as indicated in
Attachment 1.

Mt. Shasta City Council Regular Meeting October 9, 2023 31 Table 1 (cont’d)
Section
Number(s)
Planning Commission
Discussion and Direction Staff Comment
Summary of Proposed
Revision
consistent with State law. It is noted, like all other uses and activities in Mt. Shasta, emergency shelters must be maintained and operated as to not constitute a public nuisance.

18.98.030 California Health & Safety Code §
50800 et seq. that is to be deleted:

Review the source of standard and
ascertain if it is appropriate to include in Physical Characteristics section.

Health & Safety Code § 50800 et seq. are the regulations governing the State’s Emergency Housing and Assistance
Program (EHAP), a funding program. The purpose of the
EHAP is to provide capital for the construction and operation of shelters and other emergency housing. HSC § 50800 establishes eligible uses of EHAP funds, how funds are to be distributed, terms of the funding, etc. HSC § 50800 does not contain provisions or requirements that
supplant or complement State or local building or fire
codes.

Based on the research results, it is
recommended this section be deleted as indicated in draft ordinance in Attachment A.

18.98.040 Remove 10% requirement for intake/waiting area in order to defer to operator
n/a Section 18.98.040 in Attachment
A has been revised in accordance
with the PC’s direction.

18.08.352 and

18.98.050
From the definition, add what services can the City require. Emergency shelters provide minimal services by definition [Reference Gov’t Code § 65582(H) and HSC § 50801]. Essentially, a shelter provides a safe place to be and adequate sanitation facilities. Night time shelters would provide bed and a meal. Many shelters rely on
government funds to operate, and the funding source
and associated agreements will spell out the services a shelter must provide to residents.

The definition in section

18.08.352 of Attachment A indicates that shelters provide temporary housing, food, and sanitation facilities.

Section 18.08.352 lists the types
of additional services that may be
provided by a shelter at no cost to
shelter residents.

18.98.060(B) n/a The language of
“The provider shall not discriminate in any services provided.” may be confusing or problematic for shelters that
It is recommended this section be
deleted as indicated in Attachment A.

Mt. Shasta City Council Regular Meeting October 9, 2023 32 Table 1 (cont’d)
Section
Number(s)
Planning Commission
Discussion and Direction Staff Comment
Summary of Proposed
Revision
serve specific populations, e.g., women only domestic violence, youth shelters that are age restricted to young adults, veterans-only shelters. To retain this
type of language, it is recommended that the City
attorney be consulted to prepare language that is
appropriate.

As part of reviewing other California cities regulations for emergency shelter regulations of other California jurisdictions, the City’s consultants did not encounter this type of language in the land use regulations for emergency shelters.

Absence of the language would not relieve a shelter
provider from fair housing and reasonable accommodation as these laws apply.

18.98.060(C) n/a The language of
“The provider shall not require participation by
residents in any religious or philosophical ritual,
service, meeting or rite as a condition of eligibility.” may unduly restrict the Constitutional rights of a church that is operating an emergency shelter as part of its religious mission, especially if the church is not receiving government funding for the shelter construction and/or
operate the shelter, and/or the shelter is not on government property. To retain this type of language, it is recommended that the City attorney be consulted
to prepare language that is appropriate.

It is recommended this section be
deleted as indicated in Attachment A.

Mt. Shasta City Council Regular Meeting October 9, 2023 33 ORDINANCE CCO-23-XX

AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
AMENDING CHAPTERS 18.08, 18.16, AND 18.98 OF

THE LAND DEVELOPMENT CODE OF
THE MT. SHASTA MUNICIPAL CODE TO COMPLY WITH

EMERGENCY SHELTER REGULATIONS IN STATE LAW
BE IT ORDAINED that the City Council of the City of Mt. Shasta does amend the Mt. Shasta Municipal Code Section 18.08, 18.16, and 18.98 to read as follows:

Chapter 18.08

DEFINITIONS

18.08.352 Emergency shelter.
“Emergency shelter” means temporary housing with minimal supportive services for persons experiencing homelessness, which is limited to occupancy of six (6) months or less, and is operated by a government agency or private non-profit organization. Emergency shelters may be in the form of dormitory or congregate housing, or individual shelters. Operations may be seasonal or year-round and client services may be offered, including but not limited to, counseling, medical evaluation, and job/life skills training, in addition to food, and sanitation facilities, which may include showers, pursuant to paragraph (h) of Government Code Section 65582. Emergency shelters shall include interim housing interventions including but not limited to a navigation center, bridge housing, and respite or recuperative care. No individual or household may be denied housing and shelter because of inability to pay.

Chapter 18.16

DISTRICT REGULATIONS

18.16.020 Establishment of regulations.

Table 7 – High Density Residential (R-3)

7.5 Permitted Uses
The following uses are permitted in the R-3 district upon issuance of a building permit, business license, or other required permit:

A. Single-family dwelling (attached or detached), one per each 4,500 square feet of gross land area.

B. Duplex, one two-unit structure per 6,000 square feet of lot area.

C. Triplex, one three-unit structure per 8,000 square feet of lot area.

D. Multiple-family dwellings (no more than four units), one unit per each 2,000 square feet of lot area.

E. Model home, including a sales office.

F. Professional office not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area.

Mt. Shasta City Council Regular Meeting October 9, 2023 34 G. Supportive housing.

H. Transitional housing.

I. Emergency shelters.

Table 8 – Downtown Commercial (C-1)

8.5 Permitted Uses
The following uses are permitted in the C-1 district:

A. A store, motel, office, bank, theater, restaurant or similar use, primarily conducted within a building, and not involving the use of significant amounts of hazardous substances, and not exceeding 10,000 square feet in floor area where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

B. Residential uses consistent with the R-3 zone district.

C. Residential uses within a commercial building.

D. Outdoor sales consistent with Chapter 18.23 MSMC.

E. Emergency shelters.

Table 9 – General Commercial (C-2)

9.5 Permitted Uses
The following uses are permitted in the C-2 district:

A. All permitted uses in the C-1 zone.

B. Retail business establishments within a building, conducting the following use:
automobile body and paint shops, commercial recreation, creameries, dry cleaning plants, heavy equipment sales and service, laundry, locker plants, plumbing shops.

C. Land uses which conform to the purpose of the district, and which in the judgment of the Planner are consistent with the purpose of the district.

D. Emergency shelters.

Chapter 18.98

EMERGENCY SHELTERS

18.98.010 Purpose.

The purpose of this section is to establish standards for emergency shelters in order to comply with the requirements of State law under Cal. Gov’t Code Sections 65582 and 65583 in order to provide for the housing needs of people in need of shelter.

18.98.020 Location of Emergency Shelters
Emergency shelters shall be a use permitted in the High Density Residential (R-3), Downtown Commercial (C-1), and General Commercial (C-2) zones without a conditional use or other Mt. Shasta City Council Regular Meeting October 9, 2023 35 discretionary permit and subject only to development and management standards that apply to residential or commercial development in the same zone.

18.98.030 Standards for emergency shelters.

In addition to the development standards in the underlying zoning district, emergency shelters shall comply with the standards set forth in this section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.
(A) Physical Characteristics.
(1) Compliance with applicable California and local Uniform Housing Code and Building Code, and California Fire Code requirements in effect at the time of the building permit application.
(2) Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall be stationary, full cut-off downward facing hooded lighting and directed away from adjacent properties and public rights-of-way. (3) Facilities shall provide secure areas for residents’ personal property. Outdoor storage facilities for residents’ personal property shall not create a fire-life-safety hazard, be located outside yard setbacks, and shall be screened from public view by a decorative wall or fence.
(4) Separation. An emergency shelter may be located no closer than three hundred (300) from another emergency shelter.
(5) Maximum number of beds per shelter. The maximum number of beds in an emergency shelter shall not exceed the occupant load as determined by the City’s building official, and in no case an emergency shelter shall not have more than 60 beds per shelter.
(B) Limited Terms of Stay. The maximum term of staying at an emergency shelter is six (6) months. Shelter operators may apply to the City of Mt. Shasta for extended stays of up to one (1) year. The granting of any extension of stay is at the sole discretion of the City Manager or their designee.
(C) The agency or organization operating the emergency shelters shall provide on-site security for residents, visitors, and employees during all hours when the shelter is in operation.

Security provisions shall include the installation of security cameras for the security of the building, residents, and staff.
(D)Emergency Shelter Management. The agency or organization operating the emergency shelter shall provide on-site management during all hours when the shelter is in operation.

Mt. Shasta City Council Regular Meeting October 9, 2023 36 (1) Hours. An emergency shelter must establish and maintain specific hours for client intake and discharge. These hours must be clearly displayed at the front or main entrance of the shelter at all times.
(E) Onsite parking. The emergency shelter shall provide on-site parking as determined by the Planning Director, or their designee, based on demonstrated need for onsite parking but not more than the parking required for other residential and commercial uses within the same zone.

18.98.040 Waiting and intake area.

If client intake occurs onsite, an enclosed or screened waiting and intake area must be provided on the property to prevent queuing in the public right-of-way and be located outside of the yard setbacks.

18.98.050 Common facilities and services.
(A) The emergency shelter may provide one or more of the following specific facilities and services for shelter residents, including but not limited to:
(1) Commercial kitchen facilities designed and operated in compliance with the California Retail Food Code;
(2) Dining area;
(3) Laundry;
(4) Recreation room;
(5) Supportive services, consistent with paragraph (h) of Government Code Section 65582, services to obtain permanent housing and income, case management, medical and mental health care, substance abuse treatment, and benefits advocacy. (6) Child care facilities. (Ord. CCO-10-03 § 3, 2010)
(B) Facilities and services that may be provided to assist shelter residents shall be provided at no cost to all residents of a provider’s shelter.

The foregoing Ordinance was adopted at the regular meeting of the City Council of the City of Mt. Shasta held on this September 11, 2023 by the following vote:

AYES: NOES: ABSENT:

ABSTAIN:

DATED: October 9, 2023
Mt. Shasta City Council Regular Meeting October 9, 2023 37 ATTEST: CITY OF MT. SHASTA
______________________________ ______________________________ Kathryn M. Joyce, Deputy City Clerk Tessa Clure, Mayor FORM APPROVED:
_____________________________
John Sullivan Kenny, City Attorney

CERTIFICATION
I HEREBY CERTIFY that the foregoing Ordinance CCO-23-XX was introduced, by title only, at a regular meeting of the Mt. Shasta City Council on the 25th day of September, 2023, and was adopted at a regular meeting of said Council on the October 9, 2023. ______________________________
Kathryn M. Joyce, Deputy City Clerk
Mt. Shasta City Council Regular Meeting October 9, 2023 38

10.2.23 – Corrections and Errata
. . . .

18.98.030 Standards for emergency shelters
. . . .
(A) Physical Characteristics
. . . .
(3) Facilities shall provide secure areas for residents’ personal property. Outdoor storage facilities for residents’ personal property shall not create a fire-life-safety hazard, be located outside yard setbacks, and shall be screened from public view by a decorative wall or fence. (5) Maximum number of beds per shelter. The maximum number of beds in an emergency shelter shall not exceed the occupant load as determined by the City’s building official, and in no case shall an emergency shelter shall not have more than 60 beds per shelter.

Mt. Shasta City Council Regular Meeting October 9, 2023 39 Attachment A Draft
October 9, 20223 1
ORDINANCE CCO-23-XX
AN ORDINANCE OF THE CITY OF MT. SHASTA
AMENDING TITLE 18 OF THE MT. SHASTA MUNICIPAL CODE

FOR THE REGULATION OF EMERGENCY SHELTERS
WHEREAS, Senate Bill 2 (SB 2) became law on January 1, 2008 and Assembly Bill 2339 (AB 2339) became law on January 1, 2023, amending Section 65583 of the California Government Code mandating certain approaches to the local regulation of emergency shelter for persons experiencing homelessness; and WHEREAS, State Housing Element law requires local planning and zoning regulations facilitate emergency shelters, and in particular, SB 2 requires all cities and counties to provide at least one zone in which emergency shelters can be located without discretionary approval from the local government; and WHEREAS, the City of Mt. Shasta’s adopted Housing Element for the period of 2014-2019 has a program, HO2.5.2, that calls for amending the zoning code to ensure consistency with State and law and internal consistency related to regulations for specific residential uses, including…emergency shelters; and WHEREAS, it is the intent of the City to implement federal and state housing laws and policies contained in the City of Mt. Shasta’s General Plan, including the Housing Element, in a manner that is consistent with applicable laws, including affirmatively furthering fair housing, and the City of Mt. Shasta seeks to be in compliance with the State of California mandated regulations for the local regulation of emergency shelter for persons experiencing homelessness; and
WHEREAS, on August 18, 2023, the Planning Commission of the City of Mt. Shasta held a duly noticed public hearing as prescribed by law to consider the proposed zoning text amendments. After consideration of all applicable staff reports and all public testimony and evidence presented at the public hearing, the PC recommended that the City Council adopt the proposed amendments to chapters 18.08, 18.16, and 18.98 of Title 18 of the Mt. Shasta Municipal Code, also cited as the Land Development Code; and WHEREAS, on October 9, 2023, the City Council of the City of Mt. Shasta held a duly noticed public hearing as prescribed by law to consider the proposed text amendments to the Land Development Code, and heard testimony regarding the proposed amendments. After consideration of all applicable staff reports and all public testimony and evidence presented at the public hearing; and WHEREAS, the City Council does hereby make the following findings regarding the amendments to chapters 18.08,

18.16, and 18.98 of the Land Development Code as set forth in this ordinance; and WHEREAS, the City Council finds and determines the adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) per the State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

The proposed zoning text amendments will not have an impact on the environment because they do not directly facilitate new development, or changes in the type and intensity of land use; and Mt. Shasta City Council Regular Meeting October 9, 2023 40 Attachment A Draft
October 9, 20223 2
WHEREAS, the proposed amendments are consistent with the Mt. Shasta General Plan; and WHEREAS, the proposed amendments are internally consistent with other applicable provisions of the Mt. Shasta Land Development Code; and
WHEREAS, the City Council has determined that the public health, safety and welfare of the residents of the City will be promoted and improved through compliance with State law regarding the regulation of emergency shelters; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY MT. SHASTA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Municipal Code Amendments
That chapters 18.08, 18.16, and 18.98 of Title 18 of the Mt. Shasta Municipal Code (MSMC) are hereby amended with language that is added denoted by underline, and language that is removed denoted by strikethrough. Usage of four ellipses, . . . . , indicates entire paragraphs have been omitted because the language in the omitted paragraphs is not being amended.

Chapter 18.08

DEFINITIONS
. . . .

18.08.352 Emergency shelter.
“Emergency shelter” means temporary housing with minimal supportive services for persons experiencing homelessness, which that is limited to occupancy of up to six (6) months or less, and is operated by a government agency or private non-profit organization. Emergency shelters may be in the form of dormitory or congregate housing, or individual shelters. Operations may be seasonal or year-round and client services may be offered, including but not limited to, counseling, medical evaluation, and job/life skills training, in addition to food, and sanitation facilities, which may include showers, pursuant to paragraph (h) of Government Code Section 65582. Emergency shelters shall include interim housing interventions including but not limited to a navigation center, bridge housing, and respite or recuperative care. No individual or household may be denied housing and shelter because of inability to pay. Emergency shelters are intended to be used by homeless persons, victims of domestic violence, persons requiring temporary housing, and other individuals and households made temporarily homeless due to natural disasters (e.g., fires, earthquakes, etc.) . . . .

Mt. Shasta City Council Regular Meeting October 9, 2023 41 Attachment A Draft
October 9, 20223 3
Chapter 18.16

DISTRICT REGULATIONS
. . . .

18.16.020 Establishment of regulations.
. . . .

Table 7 – High Density Residential (R-3)
. . . .

7.5 Permitted Uses
The following uses are permitted in the R-3 district upon issuance of a building permit, business license, or other required permit:

A. Single-family dwelling (attached or detached), one per each 4,500 square feet of gross land area.

B. Duplex, one two-unit structure per 6,000 square feet of lot area.

C. Triplex, one three-unit structure per 8,000 square feet of lot area.

D. Multiple-family dwellings (no more than four units), one unit per each 2,000 square feet of lot area.

E. Model home, including a sales office.

F. Professional office not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area.

G. Supportive housing.

H. Transitional housing.

I. Emergency shelters.
. . . .

Table 8 – Downtown Commercial (C-1)
. . . .

8.5 Permitted Uses
The following uses are permitted in the C-1 district:

A. A store, motel, office, bank, theater, restaurant or similar use, primarily conducted within a building, and not involving the use of significant amounts of hazardous substances, and not exceeding 10,000 square feet in floor area where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

B. Residential uses consistent with the R-3 zone district.

C. Residential uses within a commercial building.

D. Outdoor sales consistent with Chapter 18.23 MSMC.

E. Emergency shelters.

Mt. Shasta City Council Regular Meeting October 9, 2023 42 Attachment A Draft
October 9, 20223 4
Table 9 – General Commercial (C-2)
. . . .

9.5 Permitted Uses
The following uses are permitted in the C-2 district:

A. All permitted uses in the C-1 zone.

B. Retail business establishments within a building, conducting the following use: automobile body and paint shops, commercial recreation, creameries, dry cleaning plants, heavy equipment sales and service, laundry, locker plants, plumbing shops.

C. Land uses which conform to the purpose of the district, and which in the judgment of the Planner are consistent with the purpose of the district.

D. Emergency shelters.
. . . .

Mt. Shasta City Council Regular Meeting October 9, 2023 43 Attachment A Draft
October 9, 20223 5
Chapter 18.98

EMERGENCY SHELTERS

18.98.010 Purpose.

The purpose of these standards is to ensure the development of emergency shelters does not adversely impact adjacent parcels or the surrounding neighborhood, and shall be developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses, while providing for the housing needs of people in need of shelter. The following performance standards shall apply to emergency shelters. ThisThe purpose of this section establishes is to establish standards for emergency shelters in order to comply with the requirements of State law under Cal. Gov’t Code Sections 65582 and 65583. in order to provide for the housing needs of people in need of shelter.

18.98.020 Location of Emergency Shelters
Emergency shelters shall be a use permitted in the High Density Residential (R-3), Downtown Commercial (C-1), and General Commercial (C-2) zones without a conditional use or other discretionary permit and subject only to development and management standards that apply to residential or commercial development in the same zone.

18.98.020030 Standards for emergency shelters.

In addition to the standards set forth in here and below, emergency shelters shall also be required to comply with the California Building Code and California Fire Code in effect at the time of building permit application. (Ord. CCO10-03 § 3, 2010) In addition to the development standards in the underlying zoning district, emergency shelters shall comply with the standards set forth in this section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply. (A) Physical Characteristics.
(1) Compliance with applicable California and local Uniform Housing Code and Building Code, and California Fire Code requirements in effect at the time of the building permit application. (2) Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property.

Lighting shall be stationary, full cut-off downward facing hooded lighting and directed away from adjacent properties and public rights-of-way.
(3) Facilities shall provide secure areas for residents’ personal property. Outdoor storage facilities for residents’ personal property shall not create a fire-life-safety hazard, be located outside yard setbacks, and shall be screened from public view by a decorative wall or fence. (4) Separation. An emergency shelter may be located no closer than three hundred (300) from another emergency shelter.
(5) Maximum number of beds per facility shelter. The maximum number of beds in an emergency shelter shall not exceed the occupant load as determined by the City’s building official, and in no case shall an emergency shelter shall not have more than 60 beds per facilityshelter. (B) Limited Terms of Stay. The maximum term of staying at an emergency shelter is six (6) months. Shelter operators may apply to the City of Mt. Shasta for extended stays of up to one (1) year. The granting of any extension of stay is at the sole discretion of the City Manager or their designee.

Mt. Shasta City Council Regular Meeting October 9, 2023 44 Attachment A Draft
October 9, 20223 6
(C) The agency or organization operating the emergency shelters shall provide on-site security for residents, visitors, and employees during all hours when the shelter is in operation. Security provisions shall include the installation of security cameras for the security of the building, residents, and staff. (D) Emergency Shelter Management. The agency or organization operating the emergency shelter shall provide on-site management during all hours when the shelter is in operation. (1) Hours. An emergency shelter must establish and maintain specific hours for client intake and discharge.

These hours must be clearly displayed at the front or main entrance of the shelter at all times. (E) Onsite parking. The emergency shelter shall provide on-site parking as determined by the Planning Director, or their designee, based on demonstrated need for onsite parking but not more than the parking required for other residential and commercial uses within the same zone.

18.98.040 Waiting and intake area.

If client intake occurs onsite, an enclosed or screened waiting and intake area must be provided on the property to prevent queuing in the public right-of-way. The area must be at least ten (10) percent of the total square footage of the shelter and be located outside of the yard setbacks.

18.98.030 Health and safety standards.

The shelter for the homeless must comply with all standards set forth in Cal. Health and Safety Code § 50800 et seq. (Ord. CCO-10-03 § 3, 2010)

18.98.040 Management plan.

Prior to commencing operation, the emergency shelter provider must have a written management plan, which shall be approved by the Planning Commission. The management plan must include, but is not limited to, provisions for staff training, resident identification process, neighborhood outreach, policies regarding pets, the timing and placement of outdoor activities, temporary storage of residents’ personal belongings, safety and security, screening of residents to ensure compatibility with services provided at the facility, and training, counseling and social service programs for residents, as applicable. (Ord. CCO-10-03 § 3, 2010)

18.98.050 Occupancy load and bathroom facilities.

Each resident shall be provided a minimum of 50 gross square feet of personal living space per person, not including space for common areas. In no case shall occupancy exceed 60 residents at any one time. Bathing facilities shall be provided in quantity and location as required in the California Plumbing Code (Title 24, Part 5), and shall comply with the accessibility requirements of the California Building Code (Title 24, Part 2). (Ord. CCO10-03 § 3, 2010)

18.98.060050 Common facilities and services.
(A) The emergency shelter facility may provide one or more of the following specific facilities and services for clientsshelter residents, including but not limited to:
(AA1) Commercial kitchen facilities designed and operated in compliance with the California Retail Food Code; (BB2) Dining area;
(CC3) Laundry;
(DD4) Recreation room;
Mt. Shasta City Council Regular Meeting October 9, 2023 45 Attachment A Draft
October 9, 20223 7
(E5) SupportSupportive services, consistent with paragraph (h) of Government Code Section 65582, (e.g., training, counseling); services to obtain permanent housing and income, case management, medical and mental health care, substance abuse treatment, and benefits advocacy. (FF6) Child care facilities. (Ord. CCO-10-03 § 3, 2010) (B) Facilities and services that may be provided to assist shelter residents shall be provided at no cost to all residents of a provider’s shelter.

18.98.070 Lighting.

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, full cut-off downward facing hooded lighting and directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood. (Ord. CCO-10-03 § 3, 2010)

18.98.080 Outdoor activities.

Outdoor activities, such as recreation, eating, and staging for drop-off, intake, and pick-up, may be conducted at the facility. Conducting such activities either at a back entrance or inner courtyard is encouraged. For the purposes of noise abatement in residential districts, outdoor activities may only be conducted between the hours of 8:00 a.m. to 10:00 p.m.

18.98.090 Shelter location, and concentration of uses.

Emergency shelters must be sited within the R-3 zone. No more than one emergency shelter is permitted within a radius of 1,000 feet from another emergency shelter.

18.98.100 Design standards.

To assure that new and renovated buildings are compatible with the existing character and scale of the surrounding commercial environment, new and infill buildings must be consistent with the Mt. Shasta Architectural Design Guidelines. (Ord. CCO-10-03 § 3, 2010)

18.98.110060 Emergency Shelter provider.

The agency or organization operating the shelter shall comply with the following requirements:
(A) Temporary shelter shall be available to residents for no more than 60 days. Extensions up to a total stay of 180 days may be provided if no alternative housing is available. (BA) Staff and services shall may be provided to assist residents to obtain permanent shelter and income. If such Such services shall be are available, they shall be provided at no cost to all residents of a provider’s shelter or shelters.
(CB) The provider shall not discriminate in any services provided. (DC) The provider shall not require participation by residents in any religious or philosophical ritual, service, meeting or rite as a condition of eligibility. (Ord. CCO-10-03 § 3, 2010) Mt. Shasta City Council Regular Meeting October 9, 2023 46

CALIFORNIA ENVIRONMENTAL QUALITY ACT – NOTICE OF EXEMPTION To: Siskiyou County Clerk From: City of Mt. Shasta
311 Fourth Street Rm. 201 305 N. Mt. Shasta Boulevard
Yreka, CA 96097 Mt. Shasta, California 96067
[email protected]
Project Title: City of Mt. Shasta Proposed Zoning Text Amendments to Land Development Code Chapters 18.08 (Definitions), 18.16 (District Regulations), and 18.98 (Emergency Shelter Regulations) Project Applicant: City of Mt. Shasta
Project Location: The zoning text amendments apply citywide to various properties within the city of Mt. Shasta as applicable.

Project Summary: The amendments to the Mt. Shasta Land Development Code ensure consistency with State law. The amendments do not change or expand the zones where emergency shelters are a permitted use. Mt. Shasta’s adopted 5th cycle and draft 6th cycle housing elements both found Mt.

Shasta’s Land Development Code to be inconsistent with Gov’t Code Sections 65582, 65583, and 65589.5.

The amendments resolve the Land Development Code’s inconsistencies with State law. The amendments to Mt. Shasta’s Land Development Code modify the following three chapters of the Land Development Code: Definitions, Chapter 18.08; District Regulations, Chapter 18.16; and Emergency Shelter regulations, Chapter 18.98.
1) The zoning text amendments propose to update the definition of emergency shelter in chapter

18.08.352 to be consistent with Gov’t Code Sections 65582 and 65583. 2) The present language of the Mt. Shasta Land Development Code only expressly states the allowance for emergency shelters for the R-3 zone, and this allowance can only be found in chapter

18.98. Emergency shelters are permitted in the C-1 and C-2 zones because all residential uses that are permitted in R-3 are also permitted in the C-1 and C-2, pursuant to subsections 8.5(B) and 9.5(A) of chapter 18.16.020, respectively. The amendments update the zoning district tables in section

18.16.020 for the R-3, C-1, and C-2 zones to enumerate emergency shelters as a permitted use. 3) The zoning text amendments revised Chapter 18.98 of the Land Development Code to remove regulatory procedures and standards that are inconsistent with Gov’t Code Sections 65582, 65583, and 65589.5.

Exempt Status: Project is exempt under CEQA Guidelines Section 15061 (b)(3) known as the "common sense exemption".

Reasons why project is exempt: The zoning text amendments to Land Development Code Chapters

18.08, 18.16, and 18.98 would not result in any direct or indirect physical changes to the environment. There is no possibility that the activity in question may have a significant effect on the environment. The proposed zoning text amendments do not make any changes to the General Plan land use map and would not modify any land use designations, allowed densities, or land use intensities established by the General Plan. The revisions would not result in any changes to the intensities or densities of allowed uses beyond those allowed by the General Plan and those standards currently required by State law. The proposed project does not entitle, propose, or otherwise require the construction of new development or rehabilitation of existing development, but rather includes updates to be compliant under State mandated regulations for the local Mt. Shasta City Council Regular Meeting October 9, 2023 47

regulation of emergency shelter for persons experiencing homelessness. The project does not change the zones where emergency shelters are permitted. There are no pending emergency shelter applications filed with the City that may benefit from the proposed zoning text amendments; rather the amendments bring the City’s emergency shelter regulations into compliance with existing law that applies now to an emergency shelter application. The amendments remove regulatory barriers to emergency shelters development as required by State law. As a regulated land use, emergency shelters relocate illegal camps and gathering sites of individuals experiencing homelessness, without access to sanitary facilities, and without shelter from weather, pose a health and safety threat to the individuals as well as a threat to the environment from improper waste disposal. Emergency shelters as use of land represent a net decrease in potential significant effects on the environment.

Therefore, the zoning text amendments project is exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth in Section 15061 (b)(3) of the State CEQA Guidelines.

Lead Agency Contact:

Kathy Joyce, CMC
Deputy City Clerk/Administrative Assistant
305 N. Mt. Shasta Boulevard
Mt. Shasta, California 96067
(530) 926-7516
Signature: ______ Date: __________________________
Mt. Shasta City Council Regular Meeting October 9, 2023 48 City Council Agenda Item # 7e
Staff Report
Meeting Date: October 9, 2023
To: Mayor and City Council
From: Robert Gibson, Acting Chief of Police
Subject: Approval of MOU between the City of Mt. Shasta and the Mt. Shasta Parks and Recreation District authorizing the enforcement of the Mt.

Shasta Municipal Code on District property.

Recommendation:

Staff respectfully requests the City Council approve the MOU with the Mt. Shasta Parks and Recreation District to allow for the enforcement of the City of Mount Shasta municipal code on District property.

Background & Summary:

In 2005 the Mt. Shasta Parks and Recreation District took over control of the City and Shastice Parks and thus the ability to enforce Mt. Shasta Municipal Code on those properties was taken away. Several different options over the last two years have been discussed with none being proven effective. An MOU between the City and the Parks and Recreation District was found to be both easy to implement as well as legally practical. This MOU will allow the Mt. Shasta Police Department to enforce Mt. Shasta Municipal Code Violations, specifically those related to parks. This MOU you has been reviewed and approved by the City Attorney.

Attachments:

Memorandum of Understanding between the City of Mt. Shasta and the Mt. Shasta Recreation and Parks District
Regular
X Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting October 9, 2023 49

MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF MOUNT SHASTA AND THE MOUNT SHASTA RECREATION AND PARK DISTRICT

REGARDING ENFORCEMENT OF APPLICABLE LAWS, ORDINANCES, RULES, AND

REGULATIONS IN PARKS
This MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into effective _______________ of 2023 (the “Effective Date”) by and between the City of Mount Shasta, a California municipal corporation and general law city (hereinafter “City”) and the Mount Shasta Recreation and Park District, a California special district organized and operating under California Public Resources Code section 5780 et seq. (hereinafter “MSRPD”) (collectively, the “Parties”) with respect to the following Recitals:

RECITALS
WHEREAS, the City and MSRPD desire to enter into this MOU to authorize the City’s peace officers and other authorized staff to enforce laws, ordinances, rules, and regulations in parks owned and operated by MSRPD and lying within the incorporated areas of the City; and WHEREAS, California Public Resources Code section 5786.17 makes a violation of any MSRPD rule, regulation, or ordinance unlawful and authorizes citations for violations of state law, city or county ordinances, or district rules, regulations, or ordinances, when the violation occurs in a recreational facility, as defined; and
WHEREAS, Public Resources Code section 5786.11 authorizes MSRPD to enter into a cooperative agreement with the City to do all things necessary or convenient in carrying out the purposes and intent of Public Resources Code section 5780 et seq. including, but not limited to enforcement of laws, ordinances, rules and regulations.

NOW, THEREFORE, in consideration of the foregoing and the mutual promises hereinafter provided, the City and MSRPD hereby agree as follows:

1. The Recitals above are true and correct and hereby fully incorporate herein.

2. City Enforcement of Applicable Laws.
a. MSRPD hereby authorizes and consents to the City enforcing MSRPD rules, regulations and ordinances and other applicable laws, including, but not limited to, the Mount Shasta Municipal Code, when necessary and appropriate within properties owned, operated, or controlled by the MSRPD lying within incorporated areas of the City.
b. The City has sole discretion to make enforcement decisions and determine the level of service provided under this section of the MOU. In the event of a conflict between laws, codes, rules, and/or regulations, the City may in its sole discretion choose which to enforce. The City shall be the sole recipient of any fines or fees collected as a result of enforcement action. The City alone shall control and determine the performance of personnel providing the services under this section of this MOU, including, but not limited to, the standards of personnel performance and discipline. c. The City will not charge MSRPD for services rendered under this section of this MOU.

Nothing in this section of this MOU requires MSRPD to reimburse the City for any costs associated with civil or criminal enforcement under the Mount Shasta Municipal Code or other law.

Mt. Shasta City Council Regular Meeting October 9, 2023 50 d. The City reserves the right to reopen this agreement at any time to discuss cost sharing of emergency services, should the City see a rise in demand of said services.

3. Indemnification, Term, and Termination
a. MSRPD shall indemnify, defend, and hold the City, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys’ fees), or claims for injury or damage arising out of the performance of this section of the MOU, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees or claims for injury or damages are caused by or result from the negligent, intentional, or wrongful acts or omissions of MSRPD, its officers, agents, or employees.
b. The City shall indemnify, defend, and hold MSRPD, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys’ fees), or claims for injury or damage arising out of the performance of this section of the MOU, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees or claims for injury or damages are caused by or result from the negligent, intentional, or wrongful acts or omissions of City, its officers, agents, or employees.
c. The term of this MOU shall be five years. This MOU may be terminated by either party for any reason and at any time by giving the other party 120 days written notice. This MOU may be amended at any time with concurrence of the Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on the date listed below.

City of Mount Shasta Mount Shasta Recreation and Parks District _________________________ _________________________
Todd Juhasz Shannon Shaw
City Manager District Administrator
_________________________ __________________________
Date Date
Attest:
_________________________
City Clerk
_________________________
Date
Mt. Shasta City Council Regular Meeting October 9, 2023 51 Department Statistics
Calls for Service September 2022 September 2023 Change
1006 740 -26.44%
Cases Taken September 2022 September 2023 Change
77 45 -41.55%
Arrests Made September 2022 September 2023 Change
28 20 -28.57%
1006
848
647 571 667 707
548
678 688 779 752 730 740
0 200
400
600
800
1000
1200
Calls for Service
Calls for Service
77 98
36 36 53 51 37 43 43 51 51 48 45
0 50
100
150
Cases Taken
Cases Taken
28 28
15 16 15
24 10
19 13
44 23 22 20
0 10
20 30
40 50
Arrests Made
Arrests Made
Mt. Shasta City Council Regular Meeting October 9, 2023 52 Warrant Arrests September2022 September2023 Change
6 1 -83.33%
Top 5 Calls
September 2022 September 2023
Out w/a Person 47 Outside Assist 35
415- Disturbing the Peace 34 Trespassing 30
Medical 31 Public Assist 25
Alarm 30 Suspicious Circumstances 22
Out w/a Vehicle 27 Check Welfare-Person 20
6 4 4
2 4 4
2 6
3 4
0 6
1 0
1 2
3 4
5 6
7 Warrant Arrests
Warrant Arrests
0 5 10 15 20 25 30 35 40
9/1/2022
10/1/2022
11/1/2022
12/1/2022
1/1/2023
2/1/2023
3/1/2023
4/1/2023
5/1/2023
6/1/2023
7/1/2023
8/1/2023
9/1/2023
Yearly Top 5 Calls September2022-2023
Column1 Animal Complaint Disturbing the Peace
Suspicious Circumstances Suspicious Vehicle Suspicious Person Mt. Shasta City Council Regular Meeting October 9, 2023 53 Crime Statistics
Crimes
September
2022
September
2023 Change
September 2022-
September 2023 Yearly
Total
Assault – Physical 8 6 -25% 52
Assault – Verbal 0 0 0% 1
Disturbing the Peace 34 12 -64.70% 198
Domestic Disturbance 2 1 -50% 17
Domestic Violence 2 0 -100% 15
Fraud 2 1 -50% 13
Public Intoxication 4 4 0% 42
Stolen Vehicle 0 2 +100% 12
TC Hit & Run 1 0 -100% 19
Theft from Vehicle 0 0 0% 0
Theft – Grand 0 0 0% 17
Theft – Petty 10 6 -40% 58
Theft – Shoplifting 0 0 0% 0
Trespassing 26 30 +15.38% 216
Vandalism 1 6 +500% 48
8 5
0 2
5 2
4 2 1
6 5 6 6
0 5
10 Assault - Physical
Assault - Physical
0 0 0 0 0 0 0 0 0 0
1 0 0 0

0.5 1

1.5 Assault - Verbal
Assault - Verbal
Mt. Shasta City Council Regular Meeting October 9, 2023 54 34 16
9 7 7 13 12 12 11
32 14 19
12 0
20 40
Disturbing the Peace
Disturbing the Peace
2 4
2 2
1 0 0
1 0
2 0
2 1 0
2 4
6 Domestic Disturbance
Domestic Disturbance Column1
2 1
0 1 1
2 0
1 0
2 5
0 0 0
2 4
6 Domestic Violence
Domestic Violence
2 1
0 2 2
0 1
0 0
1 1
2 1
0 1
2 3
Fraud
Fraud
Mt. Shasta City Council Regular Meeting October 9, 2023 55 4 2 3 3 2
6 3 2 1 2
8 2
4 0
5 10
Public Intoxication
Public Intoxication
0 0
2 1
2 0 0
2 0
3 0 0
2 0
2 4
Stolen Vehicles
Stolen Vehicles
1 1 1
4 3
2 1
0 3
1 2
0 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
0 1
0 1 1 1
0 1
0 0 0

0.5 1

1.5 Theft - Grand
Theft - Grand
Mt. Shasta City Council Regular Meeting October 9, 2023 56 10 5 3 1 2 3 1 1
6 7 8
5 6
0 5
10 15
Theft - Petty
Theft - Petty
0 0 0 0 0 0 0 0 0 0 0 0 0 0

0.5 1
Theft - Shoplifting
Theft - Shoplifting
26 15 11 6 10 6 9 14
6 21
34 28 30
0 20
40 Trespassing
Trespassing
1 3
11 1 1 3 3 2 4 4 5 4 6
0 5
10 15
Vandalism
Vandalism
Mt. Shasta City Council Regular Meeting October 9, 2023 57 Traffic Summary
September 2022 September 2023 Change
Traffic Stops 223 65 -70.85%
Traffic Citations Issued 22 13 -40.90%
Traffic Collisions
September
2022
September
2023
Change September 2022-
September 2023
Yearly Total
TC – DUI 0 0 0% 2
TC – Hit & Run 1 0 -100% 21
TC – Info Exchange 6 7 +16.66% 69
TC - Injury 3 1 -66.66% 15
Total 10 8 -20% 107
223
173 154
125
97 128
62 114
61 58 61 77 65
22 19 18 12 8 15 4 12 7 9 4 6 13 0
50 100
150
200
250
Traffic Stops
11-95 Traffic Citations Issued
0 0
1 0 0 0 0 0
1 0 0 0 0
1 1 1
4 5
2 1
0 3
1 2
0 0
6 1
8 3
2 9 9
2 4
5 7
6 7
3 1
3 1
0 0 0
1 0
2 1
2 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 October 9, 2023 58 Traffic Accident Location Summary
09/02/2023 836 Mountain View Ln-Info Exchange, neg injuries, outside assist 09/07/2023 110 Water St-Info Exchange, neg injuries
09/14/2023 914 Pine St-Info Exchange, neg injuries
09/14/2023 W Lake St/I-5- Traffic Collision with Injuries, outside assist 09/14/2023 Lake St/Mt Shasta Blvd-Info Exchange, neg injuries 09/18/2023 310 W Lake St-Info Exchange, neg injuries
09/21/2023 300 W Lake St-Hit & Run, neg injuries
09/25/2023 710 Everitt Memorial Hwy-Info exchange, neg injuries DUI Summary
September 2022 September 2023 Change
DUI Complaints NA NA NA
DUI Arrests 2 4 +100%
* DUI Complaints no longer tracked in new CAD system as of 11/01/2022. 2 6 6
4 7
5 2 2
0 2
4 4 4
0 2
4 6
8 DUI Summary
DUI Complaints DUI Arrests
Mt. Shasta City Council Regular Meeting October 9, 2023 59 Patrol Information
Foot Patrol
September 2022 September 2023 Change September 2022-September 2023 Yearly Total
45 28 -37.77% 406
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.
45 41 33
21 33 42
30 30
42 26 29
6 28
0 20
40 60
Foot Patrol
Foot Patrol
Mt. Shasta City Council Regular Meeting October 9, 2023 60 Municipal Summary
Municipal Calls for Service
September 2022 September 2023
September 2022-
September 2023
Yearly Total
Muni Code – Other 7 2 70
Muni Code - Parking 8 27 104
Total 15 29 174
LiveScans September 2022 September 2023
21 12
Court Activity
7 3 4
1 3
8 4 4 5 7
11 11
2 8
4 6
3 0
4 4 2
10 19
7 10
27 0
5 10
15 20
25 30
Municipal Calls for Service
Muni Code - Other Muni Code - Parking
5 6 4 2 2 1 3 2 2 2 4 2 3
0 10
Court Activity
Court Activity
Mt. Shasta City Council Regular Meeting October 9, 2023 61 Social Media
Facebook
Followers Posts Reach Engaged Users Reactions
11,689 9 95,594 43,941 2378
Twitter
Followers Tweets Impressions Mentions
392 0 133 0
Instagram
Followers Posts Likes
2092 6 247
Nextdoor
Posts Impressions Reactions
0 0 0
Mt. Shasta City Council Regular Meeting October 9, 2023 62 City Council Agenda Item # 8
Staff Report
Meeting Date: October 9th, 2023
To: Mayor and City Council
From: City Manager, Todd Juhasz
Subject: Acceptance of an Active Transportation Planning Grant for the Lake Street Complete Streets Plan
Recommendation:

Staff recommends the adoption of Resolution CCR-23-XX
Background & Summary:

The City of Mt Shasta has been awarded a CalTrans Planning Grant in the amount of $136,618 in support of the development of the Lake Street Complete Streets Plan. In the award from CalTrans, the narrative mirrors our grant submission and intended purpose of the funds. In CalTrans award letter they state that the award was granted in order to: “to improve safety and mobility along Lake Street in Mount Shasta.” Further they state that the Plan consistent with “the City’s recently adopted Active Transportation Plan, that encompasses 1.2 miles of Lake Street from Interstate-5 to Shasta Avenue and will ultimately transform this highly trafficked vehicular corridor into a safe, accessible, multi-modal route that will connect schools, residences, services and amenities in the City.” Further, “the City will work closely with Caltrans, City Council, local schools, active transportation groups, Tribes, local businesses, and low-income, non-English speakers to discern needs and craft recommendations for improvements on Lake Street. Safety measures will be explored including traffic calming, intersection treatments, protected active transportation facilities, pedestrian-level street lighting and educational guidebooks on safe walking and biking practices. This project aligns with State, regional and local efforts to improve multi-modal mobility for underserved communities, to reduce vehicle miles traveled, and address climate change goals, and will position the City for success when seeking construction funding.” Now, the purpose of the resolution before you is to designate signature authority to the City Manager to execute agreements related to the grant. Passage of the resolution is required before CalTrans will release grant funds in support of the Plan.

Attachment: Resolution CCR-23-XX
X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting October 9, 2023 63 RESOLUTION CCR-23-XX

A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA

AUTHORIZING THE CITY MANAGER

TO EXECUTE AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION
FOR THE CITY OF MT. SHASTA COMPLETE STREET PLAN
WHEREAS, the City Council of the City of Mt. Shasta is eligible to receive Federal and/or State funding for certain transportation planning related plans, through the California Department of Transportation; and
WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be reimbursed through the Transportation Planning Grant Program; and
WHEREAS, the City of Mt. Shasta wishes to delegate authorization to execute these agreements and amendments thereto.

NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Mt. Shasta, authorize the City Manager, or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation APPROVED AND PASSED this 9th day of October 2023.

AYES:

NAYS:

ABSENT:

ABSTAIN
DATE: October 9, 2023
CITY OF MT. SHASTA
______________________________
Tessa Clure, Mayor
ATTEST:
______________________________
Kathryn Joyce, Deputy City Clerk
Mt. Shasta City Council Regular Meeting October 9, 2023 64 City Council Agenda Item #9
Staff Report
Meeting Date: October 9th, 2023
To: Mayor and City Council
From: City Manager, Todd Juhasz
Subject: Appointment of two members of the public to the Public Financing Authority Board as a requirement of EIFD formation
Recommendation:

Staff recommends the appointment of two members of the public to serve as members of the Public Financing Authority
Background & Summary:

As stated at previous Council meetings, an Enhanced Infrastructure Finance District (“EIFD”) is a governmental entity that may be established by a City, County, or through a partnership between the two, that uses future incremental revenue from existing tax rates to help fund and complete public capital facilities and infrastructure projects, as well as other specified projects of communitywide significance, that provide a significant benefit to the properties within the EIFD as well as the surrounding community. EIFDs are funded by capturing all or a portion of the future property tax increment revenue (i.e. the difference in property taxes owed prior to and post establishment of the EIFD) generated within the boundaries of the district. The EIFD may finance projects through the issuance of bonds under a “pay-go” model where money is spent as it is collected (the Mount Shasta EIFD would not be anticipated to issue bonds). The requirement for the City’s establishment of an EIFD are set forth in California Government Code Sections 53398.50 and following (referred to as the “EIFD Law”).

At the Council meeting held on September, 11th 2023, the City took the first step towards the formation of an EIFD when it passed a Resolution of Intention which declared Council’s intention to establish the Mt Shasta Enhanced Infrastructure Finance District (EIFD) and establishing the Mt Shasta EIFD Public Financing Authority (PFA). The Public Financing Authority serves as the governing board of the EIFD. Th PFA membership is comprised initially of three members of the City Council and two public members. Alternate Board members will also be appointed to represent the City Council in the absence of a regular member.

As discussed, staff has agendized the appointment of two members of the public to serve as members of the PFA. Council is to set forth suggested members of the community to serve in this capacity.

X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting October 9, 2023 65 DATE: October 9, 2023
TO: Mayor Clure and City Council
FROM: Finance Director Terrell
SUBJECT: Discussion regarding 2 year budget process
BACKGROUND:

The City of Mt. Shasta has completed one year budgets for many years. If the City Council wants to do 2-year budgets the finance staff will be happy to comply.

Mt. Shasta City Council Regular Meeting October 9, 2023 66