“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 Presentation: 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, April 22, 2024, 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 April 22, 2024 1 Mt. Shasta Regular City Council Meeting Agenda
Monday, April 22, 2024
CITY COUNCIL BUSINESS
All Resolutions and Ordinances on this agenda, or added hereto, shall be introduced or adopted, as applicable, by title only, and the full reading thereof is hereby waived. a. Approval of Minutes: April 8, 2024 Regular Meeting
b. Approval of Disbursements: Accounts Payable: 3/21, 4/4, 4/8, and 4/15/2024; Total Gross Payroll and Taxes: For Periods Ending 3/17 and 3/31/2024 c. Monthly Investment and Revenue Report
d. Second Reading and Adoption of CCO-24-XX, an Amendment of City Municipal Code Section 10.44.080: Parking Restricted
e. Housing Element Annual Progress Report
Background: City staff will give a verbal report and answer any clarifying questions. The City Council will then hold a Public Hearing and consider increases to stormwater service charges.
Report By: Todd Juhasz, City Manager
Recommended Council Action: Conduct public hearing, receive and file protest letters, hear public testimony and close the public hearing.
Background: Once the protest vote is completed, if there are not enough votes to successfully protest the Stormwater rate increase, the City will next send out a ballot to every parcel in the City that will include a ‘yes’ or ‘no’ vote to increase the Stormwater rates. The item will come back to Council for a public hearing in June.
Background: Council will discuss a possible increase to the City Manager’s salary in the amount of $15,000 in 2024 and an additional $15,000 in 2025.
Recommended Council Action: Discuss and direction to staff.
Mt. Shasta City Council Regular Meeting April 22, 2024 2 Mt. Shasta Regular City Council Meeting Agenda
Monday, April 22, 2024
CITY COUNCIL/STAFF REPORTING PERIOD
12. Reports on Outside Meetings
13. Future Agenda Items and Meetings (Appearing on the agenda within 60-90 days):
a. Resolution Calling an Election and Requesting Consolidation – 5/2024 b. Approval of Funds to Complete a Survey of Washington Avenue – TBD c. Amendment of Parklet Ordinance – TBD
d. Discussion and Possible Action: Beautification Committee Fiscal Review and Project Approval – TBD
e. Graffiti Ordinance – TBD
f. Discussion and Possible Action: Rental, Lease, or Purchase of Lot Located at the northwest corner of Alma and N. Mt. Shasta Blvd – TBD
g. Discussion and Possible Action: Expansion of the Downtown Parking District Borders - TBD h. Discussion and Possible Action: Amendment to Sidewalk Ordinance – TBD i. Discussion and Possible Action: Snow Removal Operations – TBD j. Amendment to the Short-Term Rental Ordinance
Future Agenda Items Over 90 Days:
k. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
l. Objective Design Standards Presentation/Discussion
14. Adjourn
I, Kathryn Joyce, declare under penalty of perjury that this agenda has been posted at least 72 hours in advance at the Mt.
Shasta City Hall, 305 N. Mt. Shasta Blvd, Mt. Shasta, CA, in the glass case and on the City website at www.mtshastaca.gov.
Agendas and packets shall be made available at least 72 hours in advance of regular meetings and 24 hours in advance of special meetings on the City’s web site. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting shall be made available on the City’s web site www.mtshastaca.gov.
Availability of Public Records: All public records related to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at City Hall located at 305 North Mt. Shasta Blvd.
The City of Mt. Shasta does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or provision of services. In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at 530-326-7516 or [email protected] as soon as possible.
Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.
Mt. Shasta City Council Regular Meeting April 22, 2024 3 Mt. Shasta City Council Regular Meeting DRAFT Minutes
Monday, April 8, 2024; 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 Stackfleth called the meeting to order and led the audience in the flag salute.
2. Roll Call:
Council Members Present: Stackfleth, Collings, Redmond, Stearns, Clure Council Members Absent: None
3. Special Presentation: None
4. Public Comment:
Laurel Harkness – Comments regarding work with the Forest Service and the forest plan, classical pianist upcoming concert.
Scott Dolf – Comments regarding building services.
5. Council and Staff Comments:
Todd Juhasz, City Manager – Comments regarding The Landing, the One Shasta well acquisition, and the old hospital cleanup and investigation.
Robert Gibson, Chief of Police – Comments regarding snow season, road construction.
Jeff Mitchem, Planning Director – Comments regarding Housing Element.
Tessa Clure, Councilmember – Comments regarding Dignity Health and Medi-Cal.
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 April 22, 2024 4 City of Mt. Shasta Regular City Council Meeting Minutes Monday, April 8, 2024
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: March 25, 2024 Regular Meeting
b. Police Department Report March 2024
c. Determination of the Disability of Richard G. Joyce, Resolution CCR-24-08 COUNCIL ACTION: Approve items a-c
MOTION TO APPROVE: Clure
SECOND: Stearns
AYES: Stackfleth, Collings, Redmond, Stearns, Clure
NOES: None
ABSENT: None
ABSTAIN: None
8. Discussion and Possible Action: Downtown Enhancement Advisory Committee (DEAC) Fiscal Review and Project Approval
Todd Juhasz, City Manager – Comments regarding the DEAC.
Ashley Hagge, DEAC Chair – Review of current and proposed DEAC projects. Comments expressing concern about the DEAC budget.
Clarifying questions from Council and discussion.
Muriel Terrell, Finance Director – Review of parking fee and DEAC fund.
No public comment.
Council discussion.
COUNCIL ACTION: No action taken.
9. First Reading of an Amendment of City Municipal Ordinance Section 10.44.080 Parking Restricted Robert Gibson, Chief of Police – Review of proposed ordinance amendment, public parking lots with abandoned and disabled vehicles, cleanup and towing costs to the City.
Clarifying questions from Council.
Gino Fiorucci – Comments about enforcement.
Ashley Hagge – Comments expressing concern about snow season parking.
Johanna Altorfer – Comments regarding parking on Pine Street, comments about enforcement, suggestions for parking.
Council discussion.
COUNCIL ACTION: Approve the first reading of an Ordinance amending Municipal Code section 10.44.080 by title only and move it to a second reading.
MOTION: Stearns
SECOND: Clure
AYES: Stackfleth, Redmond, Collings, Clure, Stearns
NOES: None
ABSENT: None
ABSTAIN: None
Mt. Shasta City Council Regular Meeting April 22, 2024 5 City of Mt. Shasta Regular City Council Meeting Minutes Monday, April 8, 2024
10. Enhanced Infrastructure Finance District Resolution of Intention Todd Juhasz, City Manager – Review of original Resolution of Intent, addition of parcels to expand the map.
Clarifying questions from Council.
Joe Dieguez, Kosmont – Comments regarding how tax increment can be split and shared with the General Fund.
Laurel Harkness – Comments regarding debt management policy.
COUNCIL ACTION: Approve CCR-24-09, a resolution amending CCR-23-26 to revise the map of the proposed Mt.
Shasta Enhanced Infrastructure Finance District.
MOTION: Clure
SECOND: Redmond
AYES: Stackfleth, Redmond, Collings, Clure, Stearns
NOES: None
ABSENT: None
ABSTAIN: None
11. Building Official Professional Services Agreement
Todd Juhasz, City Manager – Introduction of the item, review of the Request for Proposals process, budget for building services, plan check, and review.
Jeff Mitchem, Planning Director – Review of contract and services to be provided.
Clarifying questions from Council.
Scott Dolf – Comments and questions about inspections, concern about waiting for inspections.
Council and staff discussion.
COUNCIL ACTION: Approve CCR-24-10, authorizing the City Manager to execute a Professional Services Agreement with Leo DePaola for building official, building inspection, plan check and program administration services as needed.
MOTION: Stearns
SECOND: Redmond
AYES: Stackfleth, Redmond, Collings, Clure, Stearns
NOES: None
ABSENT: None
ABSTAIN: None
12. Reports on Outside Meetings: None
Mt. Shasta City Council Regular Meeting April 22, 2024 6 City of Mt. Shasta Regular City Council Meeting Minutes Monday, April 8, 2024
13. Future Agenda Items (Appearing on the agenda within 60-90 days):
COUNCIL ACTION: Reviewed items a through n.
a. Resolution Calling an Election and Requesting Consolidation – 5/2024 b. Discussion and Possible Action: City Manager Salary – TBD c. Approval of Funds to Complete a Survey of Washington Avenue – TBD d. Amendment of Parklet Ordinance – TBD
e. Discussion and Possible Action: Beautification Committee Fiscal Review and Project Approval – TBD f. General Plan & Housing Annual Progress Report – TBD
g. Graffiti Ordinance – TBD
h. Discussion and Possible Action: Rental, Lease, or Purchase of Lot Located at the northwest corner of Alma and N. Mt. Shasta Blvd – TBD
i. Discussion and Possible Action: Expansion of the Downtown Parking District Borders - TBD j. Discussion and Possible Action: Amendment to Sidewalk Ordinance – TBD k. Discussion and Possible Action: Snow Removal Operations - TBD Future Agenda Items Over 90 Days:
l. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
m. Objective Design Standards Presentation/Discussion
n. Amendment to the Short-Term Rental Ordinance
14. Adjourn: There being no further business, the meeting was adjourned at 7:25 p.m.
Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk Mt. Shasta City Council Regular Meeting April 22, 2024 7 City Council Agenda Item #7b
Staff Report
Meeting Date: April 22, 2024
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 $1,187,030.50.
Background & Summary:
Approval of Check Numbers 52096-52265 $ 875,412.98
Total Payroll Distribution $ 178,357.63
Total EFTPS – CalPERS, Nationwide $ 53,156.14
Total Payroll EFTPS Taxes $ 80,106.75
$ 1,187,030.50
Financial Impact:
Expenditures are consistent with the Budget that the City Council has adopted.
Attachments:
1.) Check Registers – 3/21/24, 4/4,24
2.) ACH Payroll Distribution – 3/21/24, 4/4/24
3.) EFTPS Reports – 3/21/24, 4/4/24
Regular
x Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting April 22, 2024 8 Mt. Shasta City Council Regular Meeting April 22, 2024 9 Mt. Shasta City Council Regular Meeting April 22, 2024 10 Mt. Shasta City Council Regular Meeting April 22, 2024 11 Mt. Shasta City Council Regular Meeting April 22, 2024 12 Mt. Shasta City Council Regular Meeting April 22, 2024 13 Mt. Shasta City Council Regular Meeting April 22, 2024 14 Mt. Shasta City Council Regular Meeting April 22, 2024 15 Mt. Shasta City Council Regular Meeting April 22, 2024 16 Mt. Shasta City Council Regular Meeting April 22, 2024 17 Mt. Shasta City Council Regular Meeting April 22, 2024 18 Mt. Shasta City Council Regular Meeting April 22, 2024 19 Mt. Shasta City Council Regular Meeting April 22, 2024 20 Mt. Shasta City Council Regular Meeting April 22, 2024 21 Mt. Shasta City Council Regular Meeting April 22, 2024 22 Mt. Shasta City Council Regular Meeting April 22, 2024 23 Mt. Shasta City Council Regular Meeting April 22, 2024 24 Mt. Shasta City Council Regular Meeting April 22, 2024 25 City Council Agenda Item # 7c
Staff Report
Meeting Date: April 22, 2024
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 March 31, 2024
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 July 2023 through March 2024.
Property Tax Revenue:
The City has received $427,993 in property tax for the current fiscal year. This represents the December payment and a small amount of delinquent payments. The amount is $29,000 more than the prior year.
Sales Tax Revenue:
The City has received $994,202 through March 31, 2024 in sales tax for fiscal year 2023-2024 for July 2023- January, 2024. This is $45,501 less than the prior year a decrease of 4.6%.
Transient Occupancy Tax:
The city has received $753,926 in TOT for through March 2024 of fiscal year 2023-2024. The prior year amount was $765,061. The amount collected is $11,135 less than the previous year.
Regular
X Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting April 22, 2024 26 2 As of March 31, 2024, the combined funds the City of Mt. Shasta had invested in the Local Agency Investment Fund (L.A.I.F.) totaled $254,168. The March 2024 LAIF statement is attached, along with the performance data for the month of January. 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. March 31, 2024 4.232%
Treasury Note – 3 month January 31, 2024 5.37%
Treasury Note – 2 Yr. January 31, 2024 4.21%
Treasury Note – 5 Yr. January 31, 2024 3.84%
Treasury Note – 10 Yr. January 31, 2024 3.91%
Treasury Note – 30 Yr. January 31, 2024 4.17%
Bloomberg as reported by Chandler Asset Management
The LAIF average increased slightly from last month, with the short term notes experiencing decreases and the long term 10 and 30 year notes experiencing slight increases. We continue to anticipate the LAIF rate slowly increasing staying just above 4%. 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
• LAIF Monthly Balances
• February 2024 Chandler Asset Management March not available 4/17/24 Mt. Shasta City Council Regular Meeting April 22, 2024 27 Mt. Shasta City Council Regular Meeting April 22, 2024 28 Mt. Shasta City Council Regular Meeting April 22, 2024 29 Mt. Shasta City Council Regular Meeting April 22, 2024 30 Mt. Shasta City Council Regular Meeting April 22, 2024 31 Mt. Shasta City Council Regular Meeting April 22, 2024 32 City Council Agenda Item # 9
Staff Report
Meeting Date: April 8, 2024
To: Mayor and City Council
From: Robert Gibson, Chief of Police
Subject: Amendment of City Municipal Ordinance Section 10.44.080 Parking Restricted by designating all city owned public parking lots no parking zones between the hours of 2 am and 6 am, except Sundays and Holidays, during snow removal designation or as authorized by the City Manager
Recommendation:
Staff respectfully requests the City Council approve the adoption of the recommended amendment of Section 10.44.080 by removing sections (i) through (l) in sub section (N) sub paragraph (4), and add to section 10.44.080 sub paragraph (5) paragraphs (b) thru (f) Background & Summary:
The city has been looking to improve the availability of parking in the downdown and business districts. There are four city owned public parking lots in this area that have seen an increase in abandoned and long term parking, which has had a negative impact on the available parking spaces in those lots. Some of the abandoned vehicles have been found leaking raw sewage in the parking lot causing a health concern that the city has had to deal with. Other vehicles such as large motorhomes being abandoned have led to unexpected towing cost for the city as most tow companies will not take the vehicle without first being paid. These changes would allow for law enforcement to be able to monitor when a vehicle may have been abandoned and be able to take immediate action in removing these vehicles to help maintain sufficient parking areas for citizens and visitors. The time restriction would also allow for public works to be able to keep the areas swept and clean.
X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting April 22, 2024 33 2 The amendment would make the parking lot a time restricted area where there would be no parking allowed between the time of 2 A.M. and 6 A.M. daily with the following exceptions:
Sundays, State Holidays, during the time when the parking area is designated for parking during snow removal as determined by the Director of Public Works, or with written permission from the City Manager or their designee.
Attachments:
Ordinance amending section 10.44.080
Mt. Shasta City Council Regular Meeting April 22, 2024 34 ORDINANCE CCO-24-XX
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
AMENDING SECTION 10.44.080 OF
THE MT. SHASTA MUNICIPAL CODE
WHEREAS, pursuant to Chapter XI, Section 7, of the California Constitution, the City of Mt Shasta (“City”) may make and enforce within its limits all local, police, sanitary, and other ordinance, and regulations not in conflict with general laws; and WHEREAS, the City Council of the City of Mount Shasta may make amendments to the Mount Shasta Municipal Code section 10.44 as set forth in Mount Shasta Municipal Code section
10.44.130; and
WHEREAS, the City Council of the City of Mount Shasta finds that due to numerous complaints of long term and abandoned vehicles at the public parking lots and the need to keep the parking lot available for use by residents and visitors; and
WHEREAS, the City Council of the City of Mount Shasta finds that abandoning of vehicles has led to the discharge of hazards such as leaking sewage and oils and has impacted the Cities ability to maintain and clean these areas in the interest of public health and safety; and WHEREAS, the City Council of the City of Mt. Shasta has determined that the following changes to Mount Shasta Municipal Code Section 10.44 Parking Restricted are required.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Mt. Shasta does amend the Mt. Shasta Municipal Code Section 10.44.080 section (N) Use of Public Streets or Public Parking Lots for Storage of Vehicles, Vessels or Trailers Prohibited, subsection (4) to read as follows:
(4) Prohibited 72-Hour Parking Zones.
(a) North Mt. Shasta Boulevard between Ivy Street and McCloud Avenue. (b) South Mt. Shasta Boulevard between McCloud Avenue and Bear Springs Road. (c) Chestnut Street between McCloud Avenue and Ivy Street. (d) Lake Street between Chestnut Street and Pine Street. (e) Maple Street between Lake Street and Castle Street. (f) Castle Street between Chestnut Street and Maple Street. (g) Alma Street between Pine Street and Chestnut Street. (h) Alpine Street between Mt. Shasta Boulevard and Mill Street.
Mt. Shasta City Council Regular Meeting April 22, 2024 35 BE IT FURTHER ORDAINED that the City Council of the City of Mt. Shasta does further amend the Mt. Shasta Municipal Code Section 10.44.080 paragraph (N) sub paragraph (5) to read as follows:
(5) Restricted Time Parking.
(a) No parking between the hours of 10:00 p.m. and 6:00 a.m. daily at the Sisson Youth Baseball ballpark parking area on the west side of Everett Memorial Highway between Washington Drive and Rockfellow Drive and east of Sisson Elementary School with the following exceptions:
(i) During time when the parking area is designated for snow removal as determined by the Director of Public Works, typically from November 1st to April 30th.
(ii) With written permission from the City Manager or their designee. (b) Public parking lot at East Castle Street between North Mt. Shasta Boulevard and Chestnut Street, no parking from 2:00 a.m. to 6:00 a.m., except for Sundays and State Holiday’s or with the exceptions listed in section (f)
(c) Public parking lot at West Lake Street between North Mt. Shasta Boulevard and Maple Street, no parking from 2:00 a.m. to 6:00 a.m., except for Sundays and State Holiday’s or with the exceptions listed in section (f)
(d) Public parking lot at Alma Street between North Mt. Shasta Boulevard and Pine Street, no parking from 2:00 a.m. to 6:00 a.m., except for Sundays and State Holiday’s or with the exceptions listed in section (f)
(e) Public parking lot at Chestnut Street between Lake Street and Castle Street, no parking from 2:00 a.m. to 6:00 a.m., except for Sundays and State Holiday’s or with the exceptions listed in section (f)).
(f) Exceptions to parking time restrictions in sections (b) thru (e), (i) During the time when the parking area is designated for parking during snow removal as determined by the Director of Public Works.
(ii) With written permission from the City Manager or their designee.
The foregoing Ordinance was adopted at the regular meeting of the City Council of the City of Mt. Shasta held on this 22nd day of April, 2024 by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
DATED: April 22, 2024
Mt. Shasta City Council Regular Meeting April 22, 2024 36 ATTEST: CITY OF MT. SHASTA
______________________________ ______________________________ Kathryn M. Joyce, Deputy City Clerk John Stackfleth, Mayor FORM APPROVED:
_____________________________
John Sullivan Kenny, City Attorney
CERTIFICATION
I HEREBY CERTIFY that the foregoing Ordinance CCO-24-XX was introduced, by title only, at a regular meeting of the Mt. Shasta City Council on the 8th day of April 2024, and was adopted at a regular meeting of said Council on the 22nd day of April, 2024. ______________________________
Kathryn M. Joyce, Deputy City Clerk
Mt. Shasta City Council Regular Meeting April 22, 2024 37 City of Mt Shasta
STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning Director
Date: April 22, 2024
Subject: Housing Element Annual Progress Report – Year 2023 Year 1 of the 6th Cycle Housing Element (2023-31)
ISSUE. Annual Progress Report (Attachment 1) on the City’s status and progress in meeting its adopted Housing Element (6th Cycle) goals and the Regional Housing Needs Allocation (RHNA) targets for year 2023. (Government Code Section 65400.) RECOMMENDATION. Receive and file the 2023 Housing Element Annual Progress Report.
BACKGROUND. In November 2024, the City Council adopted the 2023-31 Housing Element (6th Cycle), one of seven elements that compose the City’s General Plan. The city annually reports progress to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research in April of each year (covering the previous calendar year.) Attached is an excerpt from that report as summarized in the table below.
ANALYSIS. In addition to the complete data in the attached report, below is summary data for the first reporting year in the 6th Cycle Housing Element.
2023-2031 Regional Housing Needs Allocation Accomplishments Income Level RHNA Allocation 2023
Very Low 1 0
Low 1 2
Moderate 0 0
Above Moderate 0 6
Total 2 8
As shown in the table, the City has exceeded the housing target for the Low and Above Moderated categories, and has not met the target for the Very Low category by one unit.
Mt. Shasta City Council Regular Meeting April 22, 2024 38 ATTACHMENT 1
Mt Shasta Housing Annual Progress Report
Mt. Shasta City Council Regular Meeting April 22, 2024 39 AGREEMENT BETWEEN TODD JUHASZ AND THE CITY OF MT. SHASTA
FOR EMPLOYMENT OF CITY MANAGER
This Employment Agreement ("Agreement") is made and entered into this day of September 2021 ("Effective Date"), by and between the City of Mt. Shasta (the "City"), a municipal corporation, and Todd Juhasz ("Employee"), an individual.
RECITALS
WHEREAS, the City requires the services of a person with proven executive and administrative qualifications to fill the position of City Manager; and WHEREAS, the City, acting by and through its City Coimcil, desires to appoint Todd Juhasz to the position of City Manager.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:
TERMS
1. Appointment of City Manager:
The City Council of the City ("City Council") hereby appoints Employee to the position of City Manager, in and for the City of Mt. Shasta, California, and Employee accepts such appointment and employment.
2. Term of Agreement:
This Agreement is for a Term of five (5) years from the Effective Date, as defined above.
3. At-Will Emplovment:
Employee is an "at will" employee who shall serve at the pleasure of the City Council. Accordingly, the City Council may terminate Employee's employment at any time, >vith or without cause. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with the City, subject only to the provisions set forth in Section 6 of this Agreement.
4. Duties and Responsibilities:
a. Employee shall commence his duties on or before November 15, 2021. b. Employee shall serve as the City Manager of the City and he shall be vested with the powers, duties and responsibilities set forth in Chapter 2.50 of the Mt. Shasta Municipal Code and California law. Employee shall perform the functions and duties specified under the
Mt. Shasta City Council Regular Meeting April 22, 2024 40 laws of the State of California; the Ordinances and Resolutions of the City; and such other duties and functions as the City Council may from time-to-time assign. c. Employee agrees to devote all of his productive time, ability and attention to the City's business. For the duration of this Agreement, Employee shall not hold secondary employment, and shall be employed exclusively by the City, subject to any exceptions approved in writing by the City Council. Provided, however, that Employee has the right to volunteer for such nonprofit organizations as he may see fit; and further provided that such volunteer services shall not interfere with his work duties on behalf of the City. d. Employee is an exempt employee for purposes of the federal Fair Labor Standards Act. Employee shall not receive overtime or extra compensation for work performed outside normal business hours.
5. Compensation:
a. Employee shall be paid an annual base salary of One Hundred Forty Thousand Dollars ($140,000.00). ("Total Base Salary"), pro-rated and paid every two weeks on regular employee pay days.
b. The City Council agrees to annually evaluate the Employee's performance.
In the event Employee receives a satisfactory evaluation. Employee will receive a one percent (1.00%) increase in Total Base Salary in years one and two and a mutually agreed percentage thereafter.
c. Employee shall receive the benefits identified in Exhibit A to this Agreement in addition to the Total Base Salary.
6. Termination of Emplovment and Severance:
a. Employee may terminate this Agreement at any time upon sixty (60) days written notice to City. During the notice period, all the rights and obligations of the parties under this Agreement shall remain in full force and effect.
b. The City Council may terminate this Agreement at any time with good cause, or without cause.
c. In the event City terminates this Agreement 'without cause, the City shall pay Employee severance in a sum equal to four (4) months Total Base Salary (as such Total Base Salaiy may have then been adjusted pursuant to Section 5) if termination is in the first, second or third year of this Agreement. If termination occurs thereafter, the City shall pay employee severance of two (2) months of Total Base Salary. This severance is subject to the restrictions set forth in Government Code section 53260, including, without limitation, that the maximum amount of severance pay that Employee may receive shall not exceed an amount equal to that portion of the Total Base Salary paid monthly, multiplied by the number of months left on the unexpired Agreement. And further provided that, pursuant to Government Code section 53243.2, any cash settlement related to the termination of this Agreement received by Employee from City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of
Mt. Shasta City Council Regular Meeting April 22, 2024 41 his office or position while employed by the City.
In the event City terminates this Agreement, Employee shall be entitled to continued medical and dental benefits at his cost pursuant to the provisions of the federal Consolidated Omnibus Budget Reconciliation Act (COBRA).
d. Notwithstanding any provision in this Agreement to the contrary, the City shall not terminate this Agreement within six (6) months following a general municipal election except by 4/5 votes of the City Council.
e. Notwithstanding any provision in this Agreement to the contrary, the City Council may at any time immediately terminate this Agreement "for good cause." If Employee is terminated for cause, the City shall not be required to pay any severance under this Agreement.
Good cause means:
1. Conviction of any felony that adversely affects the reputation of either the City or Employee.
2. Conviction of a misdemeanor arising out of Employee's duties under this Agreement and involving a willful or intentional violation of law.
3. Any willful abandonment of duties; or
4. Any conduct which violates the City's Personnel Rules and for which a City employee may be terminated.
Good cause shall also include, but not be limited to, the permanent disability of Employee, or the Employee becoming otherwise unable to perform the duties of her employment, by reason of sickness, accident, illness, injury, mental incapacity or health for a period of six (6) weeks following the exhaustion of all available leave balances and any applicable Family Medical Leave Act or California Medical Leave Act leaves, or where the same occurs for forty (40) working days over a sixty (60) working day period following the exhaustion of such leaves. f. Notwithstanding any provision in this Agreement to the contrary, the City Council may suspend Employee with full pay and benefits at any time during the term of this Agreement.
7. Review and Evaluation:
In addition to the annual evaluation set forth in Section 5(b), City Council may imdertake performance review or evaluation of Employee at any time in its sole discretion.
8. Indemnification:
The City shall defend, hold harmless and indemnify Employee against any tort, civil rights, personnel, discrimination, professional liability claim or demand or other legal action, arising out of an alleged act or omission occurring in the performance of Employee's duties in accordance with the provisions of Government Claims Act and California Government Code Section 825 and shall provide a defense to Employee in accordance with Government Code Section 995. The City may decline to defend and/or indemnify Employee only as permitted by the California Government Code. The City may compromise and settle any such claim or suit and
Mt. Shasta City Council Regular Meeting April 22, 2024 42 pay the amount of any resulting settlement or judgment. Provided, however, that the City's duty to defend and indemnify shall be contingent upon Employee's good faith cooperation with such defense.
9. Notices:
Any notice required under this Agreement shall be in writing and personally delivered, or sent by certified mail (return receipt requested and postage prepaid), or overnight delivery to the following:
City: City of Mt. Shasta
c/o City Clerk
City Hall
305 N. Mt. Shasta Blvd.
Mt. Shasta, California 96067-2231
With a copy to: City Attorney
c/o John S. Kenny
Kenny & Norine
1923 Court Street
Redding, CA 96001
Employee: Todd Juhasz
4341 Risstay Way
Shasta Lake, CA 96019
Either Party may change its mailing address at any time by giving written notice of such change to the other Party. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is affected or on the delivery date or attempted delivery date shown on the return receipt or air bill, whichever is earlier.
10. Arbitration:
a. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, or arising out of or relating to Employee's employment or termination thereof, including but not limited to claims of employment discrimination based on federal and state law, which cannot be resolved among the parties themselves, shall, on the written request of either party served on the other within the applicable statute of limitations, be submitted and resolved by final and binding arbitration. Service of the written request for arbitration shall be made only by certified mail, with a return receipt requested. Time is of the essence; if the request is not served within a one-year period after the cause of action arises or the termination of this Agreement, whichever is earlier, then the complaining party's claim(s) shall be forever waived and barred before any and all forums, including, without limitation, arbitration or judicial forums. b. The Arbitrator shall have no authority to alter, amend, modify or change any of the terms of this Agreement, unless a provision expressly conflicts with applicable federal or
Mt. Shasta City Council Regular Meeting April 22, 2024 43 state laws. Any arbitrator selected under this provision shall have the express authority to consider statutory violations of federal and state law in addition to disputes involving this Agreement. The decision of the Arbitrator shall be final and binding and judgment therein may be entered in any court having jurisdiction over the dispute. c. The Arbitration shall be conducted under the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") current at the time of the dispute. In the event that such rules are determined to be in conflict with federal or state law, then the arbitrator shall have the authority to amend them accordingly. The City shall be responsible for paying all the AAA's administrative and arbitrator's fees. In all other respects, the parties shall bear their own attorneys' fees and costs except as otherwise required by law. The parties shall have the right to conduct discovery which provides them with access to documents and witnesses that are essential to the dispute, as determined by the arbitrator. The arbitrator's written award shall include the essential findings and conclusions upon which the award is based.
d. The parties intend that this arbitration procedure is mandatory and shall be the exclusive means of resolving all disputes whether foxmded in fact or law between Employee and the City and/or its employees, elected officials, directors, agents, officers or managers arising out of or relating to this Agreement, the parties' employment relationship and/or the termination of that relationship, including, but not limited to, any controversies or claims pertaining to wrongful or constructive discharge, violations of the covenant of good faith and fair dealing, implied contracts, public policies, anti-discrimination statutes or any employment related statutes. e. Nothing in this Agreement shall be deemed to waive any requirement to file a claim against the City under the terms of the Government Claims Act or other provisions of law.
f. Each party shall bear its own cost and attorney's fees in any such action.
THE PARTIES ACKNOWLEDGE THAT BY ADOPTING ARBITRATION THEY HAVE
IN EFFECT WAIVED ANY CONSTITUTIONAL OR STATUTORY RIGHT TO HAVE
ANY SUCH DISPUTE DECIDED IN A COURT OF LAW AND/OR BY A JURY IN A COURT PROCEEDING.
11. Bonding:
The City shall bear the full cost of any fidelity or other bond required under any law or ordinance.
12. Miscellaneous:
a. The text herein shall constitute the entire agreement between the parties.
This Agreement may not be modified, except by written agreement executed by both parties. b. This Agreement is severable. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall
Mt. Shasta City Council Regular Meeting April 22, 2024 44 remain in full force and effect.
c. This Agreement shall be governed by the laws of the State of California. d. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party. e. Time is of the essence of this Agreement.
f. This Agreement is the result of negotiation between the parties and shall not be interpreted for or against either party as the author. g. This Agreement may be executed in counterparts containing original signatures.
IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and Employee has signed and executed this Agreement, on the day and year written below.
EMPLOYEE:
DATED; /
ATTEST:
DATED:
V// ,2021
CITY:
DATED: ,2021
2021
TODD JUHASZ
John Redmond, Mayor
athryn Jbyce^, D6pi^ City Clerk
APPROVED AS TO FORM:
DATED: /£/ //^ , 2021
JOHN S. KENNY, City Attorney
Mt. Shasta City Council Regular Meeting April 22, 2024 45
EXHIBIT A
OTHER EMPLOYEE BENEFITS
Employee shall receive during his employment with the City the following benefits:
1. Time-off
Employee shall be entitled to all holidays received by regular City employees.
2. Vacation
Upon execution of this Agreement, Employee will be given 40 hours of vacation time. Thereafter vacation shall accrue at a rate of 10 hours per month until employee has accrued 240 hours at which time vacation will cease accruing.
3. Administrative Leave
Employee shall be given 10 days of administrative leave upon execution of this Agreement and on each July 1 thereafter, provided however that administrative leave unused during the prior year may not be carried over.
4. Health Plan
The City will contribute up to One Thousand Five Hundred Sixty-six dollars and sixty-six cents ($1,566.66) per month for the Teamsters Family health plan to be acquired by Employee.
5. Life Insurance
The City will pay the premiums for a Fifteen-Thousand-doIlar ($15,000) life insurance plan for Employee.
6. Memberships and Development
The City shall maintain League of California Cities membership and pay for other professional development as the City budget allows.
7. Travel Expenses
The City shall pay all reasonable travel and other expenses incurred by Employee in the exercise of his responsibilities and duties.
END OF EXHIBIT
#3737
4840-3051-3914, v. 1
Mt. Shasta City Council Regular Meeting April 22, 2024 46 Mt. Shasta City Council Regular Meeting Minutes
Monday, February 13, 2023; 5:30 p.m.
City Park Upper Lodge 1315 Nixon Road, Mt. Shasta
Meeting allowed for virtual attendance via ZOOM
Approved as Submitted March 13, 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 5:30 p.m. Mayor Clure called the meeting to order and led the audience in the flag salute.
2. Roll Call:
Council Members Present: Redmond, Clure, Stearns, Collings, Stackfleth Council Members Absent: None
3. Special Presentations: None
4. Public Comment:
David Ream – Held a sign opposed to elder abuse.
5. Council and Staff Comments:
Todd Juhasz, City Manager – Comments regarding receivership of The Next and the old hospital, update on the process.
Tim Stearns, Councilmember – Comments regarding the receivership hearing.
Todd Juhasz, City Manager – Comments regarding upcoming presentation to Council regarding the one-way couplet and daylighting of Castle Creek; updates regarding meeting with County about Enhanced Infrastructure Financing Districts, parklet ordinance, vegetation removal on City property.
Clarifying questions from Council.
Robert Gibson, Chief of Police – Comments regarding purchase of a new K-9.
Tim Stearns, Councilmember – Comments regarding the point in time homeless survey, future budget item.
John Stackfleth, Mayor Pro Tem – Comments regarding Collier Interpretive and Information Center board meetings.
Mt. Shasta City Council Regular Meeting April 22, 2024 47 City of Mt. Shasta Regular City Council Meeting Minutes Monday, February 13, 2023
6. Committee Updates:
a) Downtown Enhancement Advisory Committee
b) Library Tax Advisory Committee
c) Beautification Committee
d) Active Transportation Committee
No Committee updates.
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: January 23, 2023, Regular and Special City Council Meetings b. Approval of Disbursements: Accounts Payable 1/18, 1/27, and 2/7/2023; Total Gross Payroll and Taxes: For Period Ending 1/22/2023
c. Second Reading and Adoption of Ordinance CCO-22-01, An Ordinance of the City Council of the City of Mt. Shasta Adopting Chapter 5.50, Short-Term Rentals d. Police Department Report January 2023
e. City Manager’s Report February 8, 2023
MOTION TO APPROVE: Stackfleth
SECOND: Redmond
AYES: Redmond, Collings, Stearns, Stackfleth, Clure
NOES: None
ABSENT: None
ABSTAIN: None
8. Adoption of Urgency Ordinance CCO-23-XX Establishing A Moratorium on the Issuance of New Bed & Breakfast Business Licenses Within City Limits Pending Further Study Todd Juhasz, City Manager – Review of staff report, bed and breakfasts, recommended moratorium.
Public Hearing Open: 5:55 p.m.
Peggy Risch – Comments in support of the moratorium.
Hiton Patel – Questions seeking information about the short-term rental ordinance.
Public Hearing Closed: 5:56 p.m.
COUNCIL ACTION: Adopt Urgency Ordinance CCO-23-02 Establishing A Moratorium on the Issuance of New Bed & Breakfast Business Licenses Within City Limits Pending Further Study MOTION: Stearns
SECOND: Stackfleth
AYES: Redmond, Collings, Stearns, Stackfleth, Clure
NOES: None
ABSENT: None
ABSTAIN: None
9. 2022-2023 Mid-Year Budget Review and Revisions
Muriel Terrell, Finance Director – Review of mid-year budget, revisions, projections, and deficit. Suggestions for increasing revenue.
Mt. Shasta City Council Regular Meeting April 22, 2024 48 City of Mt. Shasta Regular City Council Meeting Minutes Monday, February 13, 2023
Clarifying questions from Council.
Peggy Risch – Comments regarding development impact fees.
Council discussion.
COUNCIL ACTION: Adopt Resolution CCR-23-02, A Resolution of the City of Mt. Shasta Adopting a Revised Operating Budget for Fiscal Year 2022-2023
MOTION: Stearns
SECOND: Stackfleth
AYES: Redmond, Collings, Stearns, Stackfleth, Clure
NOES: None
ABSENT: None
ABSTAIN: None
10. Discussion and Possible Action: renewal of the 22 Avenue contract for hybrid meetings Todd Juhasz, City Manager – Brief review of the item and review of previous discussion.
Clarifying questions from Council.
Jeremy Flynn, 22 Ave – Comments regarding audio fidelity, quality of bandwidth, and acoustics. Review of challenges in the space.
Greg Messer – Comments regarding cost of the contract, request to put the project out to bid.
Johanna Altorfer – Comments in support of hybrid meetings, looking at alternatives.
Council discussion.
COUNCIL ACTION: Extend the contract with 22 Avenue to June 30th and to put the service out to competitive bid in compliance with the bid process.
MOTION: Clure
SECOND: Stackfleth
AYES: Redmond, Collings, Stearns, Stackfleth, Clure
NOES: None
ABSENT: None
ABSTAIN: None
11. Discussion and Possible Action: City Manager Contract Amendment Jeffrey Collings, Councilmember – Review of recommendation to increase the City Manager’s salary to be in line with the City Manager of Weed.
Clarifying questions from Council and discussion.
COUNCIL ACTION: Effective March 1, 2023, the City Manager’s base salary will be $150,400 per annum, paid as other employees are every two weeks, and allocated accordingly.
MOTION: Stearns
SECOND: Stackfleth
AYES: Redmond, Collings, Stearns, Stackfleth, Clure
NOES: None
ABSENT: None
ABSTAIN: None
12. Discussion and Possible Action: Mt. Shasta Fuel Reduction Project Todd Juhasz, City Manager – Review of staff report, proposals for fuel reduction at the Orchard and Landing properties. Review of process of vegetation removal.
Clarifying questions from Council.
Johanna Altorfer – Comments regarding standards for fuel removal, defensible space. In opposition to proposal.
Council discussion.
COUNCIL ACTION: Approve removal of 100 feet of vegetative fuel on the Orchard and Landing properties, Plan A, and award the contract to Roll ‘N’ Rock Construction.
MOTION: Stackfleth
SECOND: Redmond
Mt. Shasta City Council Regular Meeting April 22, 2024 49 City of Mt. Shasta Regular City Council Meeting Minutes Monday, February 13, 2023
AYES: Redmond, Collings, Stearns, Stackfleth, Clure
NOES: None
ABSENT: None
ABSTAIN: None
13. Reports Re: Outside Meetings: None
14. Future Agenda Items (Appearing on the agenda within 60-90 days):
COUNCIL ACTION: Reviewed items a through i.
a. Special Meeting to Interviews and Appoint Committee Members – 2/27/2023 b. Military Equipment Annual Report – 2/27/2023
c. Resolution Setting Short-Term Rental Fees – 2/27/2023 d. Extending the Moratorium on Bed & Breakfast Licenses (if needed) – 3/27/2023 e. Amendment to Ordinance 18.91 Cannabis Industry Land Use - TBD f. Ordinance Regulating Outdoor Dining – TBD
g. Discussion and Possible Action: McCloud Avenue Parking Prohibition – TBD h. Feasibility and Cost Study for One-Way Couplet - TBD Future Agenda Items Over 90 Days:
i. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
15. Adjourn: There being no further business, the meeting was adjourned at 7:07 p.m.
Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk Mt. Shasta City Council Regular Meeting April 22, 2024 50