“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: Siskiyou Outdoor Recreation Alliance
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
Tuesday, May 28, 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 Agenda Tuesday May 28, 2024 1 Mt. Shasta Regular City Council Meeting Agenda
Tuesday, May 28, 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: May 13, 2024 Regular Meeting
b. Approval of Disbursements: Accounts Payable: 5/9/2024; Total Gross Payroll and Taxes: For Period Ending 5/12/2024
c. Committee Minutes: Beautification Committee April 18, 2024 d. Second Reading and Adoption of an Ordinance of the City Council of the City of Mt.
Shasta Amending Chapter 2.22.010 of Title 2 of the Mt. Shasta Municipal Code to Decrease Council Member Compensation
e. Renewal of Lease with Recreation and Parks District
f. Monthly Investment and Revenue Report
Background: The City of Mt Shasta owns a 127-acre parcel which is the former location of the Roseburg Lumber Mill. Since the site was deeded to the City approximately 25 years ago, attempts have been made to seek a qualified developer to purchase and build on the property. The City’s efforts have attracted interest but no serious development proposal or offers to purchase. The major obstacle that has frustrated development attempts is the lack of infrastructure (e.g. sewer, water) to serve the site.
The City has an established developer, Pinsonneault Holdings, who is interested in signing an LOI with the City for the purposes of conducting a feasibility study and to assemble financing to purchase the site. Council will discuss whether to approve the LOI.
Report By: Todd Juhasz, City Manager
Recommended Council Action: Approve the Letter of Intent to purchase and develop the Landing.
Background: At the May 13th City Council meeting, the subject of placing a half-cent sales tax measure on the November ballot was suggested. In addition, it was suggested that this proposed tax increase should have some nexus with the potential for moving City fire and police services to a for hire contract with the County. Council will discuss options for adding the sales tax measure to the ballot and other potential options.
Report By: Todd Juhasz, City Manager
Recommended Council Action: Discussion and direction to staff on whether to place a ½ cent sales tax increase on the November ballot.
Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 2 4-38
39-41
42 Mt. Shasta Regular City Council Meeting Agenda
Tuesday, May 28, 2024
CITY COUNCIL/STAFF REPORTING PERIOD
10. Reports on Outside Meetings
11. Future Agenda Items and Meetings (Appearing on the agenda within 60-90 days):
a. City Manager Salary – 6/10/2024
b. Public Hearing: Amendment to the Short-Term Rental Ordinance – 6/10/2024 c. Preliminary Budget – 6/10/2024
d. Final Budget Approval – 6/24/2024
e. Stormwater Rate Adjustment Election Ballot Count – 6/24/2024 f. Resolution adopting a list of projects to be funded by SB1 - TBD g. Approval of Funds to Complete a Survey of Washington Avenue – TBD h. Amendment of Parklet Ordinance – TBD
i. Discussion and Possible Action: Beautification Committee Fiscal Review and Project Approval – TBD
j. Graffiti Ordinance – TBD
k. Discussion and Possible Action: Rental, Lease, or Purchase of Lot Located at the northwest corner of Alma and N. Mt. Shasta Blvd – TBD
l. Discussion and Possible Action: Expansion of the Downtown Parking District Borders - TBD m. Discussion and Possible Action: Amendment to Sidewalk Ordinance – TBD n. Discussion and Possible Action: Snow Removal Operations – TBD Future Agenda Items Over 90 Days:
o. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
p. Objective Design Standards Presentation/Discussion
12. Adjourn
I, Kathryn Joyce, declare under penalty of perjury that this agenda has been posted at least 72 hours in advance at the Mt.
Shasta City Hall, 305 N. Mt. Shasta Blvd, Mt. Shasta, CA, in the glass case and on the City website at www.mtshastaca.gov.
Agendas and packets shall be made available at least 72 hours in advance of regular meetings and 24 hours in advance of special meetings on the City’s web site. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting shall be made available on the City’s web site www.mtshastaca.gov.
Availability of Public Records: All public records related to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at City Hall located at 305 North Mt. Shasta Blvd.
The City of Mt. Shasta does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or provision of services. In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at 530-326-7516 or [email protected] as soon as possible.
Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.
Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 3 Mt. Shasta City Council Regular Meeting DRAFT Minutes
Monday, May 13, 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:
Tracy Costello – Comments regarding parking, opposition to daylighting Castle Creek due to loss of parking and street space. Comments regarding creek behind Starbucks. In support of affordable housing.
5. Council and Staff Comments:
Robert Gibson, Chief of Police – Comments regarding National Law Enforcement Appreciation Week and National Memorial Week. Review of officers who have died in the line of duty.
6. Committee 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 Agenda Tuesday May 28, 2024 4 City of Mt. Shasta Regular City Council Meeting Minutes Monday, May 13, 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: April 22, 2024 Regular Meeting
b. Approval of Disbursements: Accounts Payable: 4/24/2024; Total Gross Payroll and Taxes: For Period Ending 4/28/2024
c. Committee Minutes: Beautification Committee March and April 2024 d. Resolution CCR-24-11, Calling and Giving Notice of a General Municipal Election to be Held on November 5, 2024, and Requesting Consolidation of this Election with the Presidential General Election
e. Resolution CCR-24-12, Notice of Completion of the Oak Street Area Water System Improvements Project
f. Police Department Monthly Report April 2024
g. Improvements to meet the security requirements of the Regulatory Information Management System (RIMS) and to improve security for the City
COUNCIL ACTION: Approve items a-g
MOTION TO APPROVE: Clure
SECOND: Redmond
AYES: Stackfleth, Collings, Redmond, Stearns, Clure
NOES: None
ABSENT: None
ABSTAIN: None
8. Public Hearing: applications for funding under the State Community Development Block Grant (CDBG) Program
Muriel Terrell, Finance Director – Introduction of item, application for funding and opportunity for the public to weigh in.
Brandy Caporaso, Great Northern Services – Review of public hearing notice, various options for the grant application and projects in consideration.
Nancy Swift, JEDI – Comments regarding the City’s involvement as well as JEDI’s part in microenterprise technical assistance.
Public Hearing Open: 5:50 p.m.
Public Hearing Closed: 5:50 p.m.
9. Improvements to move away from the use of Amazon Web-Services to a local closed system Muriel Terrell, Finance Director – Review of need upgrades to the City’s cloud storage system. Review of cost savings and efficiency improvements.
Clarifying questions from Council.
No public comment.
COUNCIL ACTION: Approve moving the City’s cloud-based computing architecture to a local closed system for a cost of $31,190
MOTION: Clure
SECOND: Redmond
AYES: Clure, Redmond, Collings, Stearns, Stackfleth
NOES: None
ABSENT: None
ABSTAIN: None
Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 5 City of Mt. Shasta Regular City Council Meeting Minutes Monday, May 13, 2024
10. First Reading of Ordinance CCO-24-XX, City Council Compensation Kathy Joyce, Deputy City Clerk – Review of earlier increase to Council compensation and proposed Ordinance amendment to decrease to earlier amount.
No public comment.
Council discussion.
COUNCIL ACTION: Approve the first reading of an Ordinance of the City Council of the City of Mt. Shasta amending chapter 2.22.010 of Title 2 of the Mt. Shasta Municipal Code to decrease Council Member compensation, by title only, and move it to a second reading.
MOTION: Redmond
SECOND: Clure
AYES: Stackfleth, Redmond, Clure, Collings
NOES: Stearns
ABSENT: None
ABSTAIN: None
11. Reports on Outside Meetings: Mayor Stackfleth reported on the Colliers Interpretive and Information Center board meeting; Councilmember Clure reported on the library expansion ad hoc committee meeting.
12. Future Agenda Items (Appearing on the agenda within 60-90 days):
COUNCIL ACTION: Reviewed items a through l. Items added: City Manager Salary Increase, tax measure for November ballot. Potential future agenda items: A resolution confirming that the residents of Mt. Shasta want to continue with their current safety services (police, fire, dispatch), and a resolution affirming the desire of Council for staff to aggressively pursue and write grants. a. Amendment to the Short-Term Rental Ordinance – 5/28/2024 b. Resolution adopting a list of projects to be funded by SB1 - 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. Graffiti Ordinance – TBD
g. Discussion and Possible Action: Rental, Lease, or Purchase of Lot Located at the northwest corner of Alma and N. Mt. Shasta Blvd – TBD
h. Discussion and Possible Action: Expansion of the Downtown Parking District Borders - TBD i. Discussion and Possible Action: Amendment to Sidewalk Ordinance – TBD j. Discussion and Possible Action: Snow Removal Operations – TBD 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
13. Adjourn: There being no further business, the meeting was adjourned at 6:18 p.m.
Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 6 City Council Agenda Item #7b
Staff Report
Meeting Date: May 28, 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 $482,952.99 Background & Summary:
Approval of Check Numbers 52311-52363 $ 318,078.69
Total Payroll Distribution $ 93,845.40
Total EFTPS – CalPERS, Nationwide $ 27,085.50
Total Payroll EFTPS Taxes $ 43,941.40
$ 482,952.99
Financial Impact:
Expenditures are consistent with the Budget that the City Council has adopted.
Attachments:
1.) Check Registers – 5/09/24
2.) ACH Payroll Distribution – 5/16/24
3.) EFTPS Reports – 5/16/24
Regular
x Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 7 Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 8 Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 9 Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 10 Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 11 Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 12 Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 13 Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 14 Beau�fica�on Commitee - Mee�ng Minutes
April 18, 2024 special mee�ng
1. Call to Order 4:15 PM
2. Roll Call
Present: Lorie Saunders, Terez Mania�s, Lynn Linebarger, Brenna Montagne
Absent: Britney Charlesworth
Guests: Ken and Muriel
3. Special Presenta�ons and Announcements: none
4. Public Comment: none
5. Mee�ng Minutes Review and Approval – February & March Lynn mo�on to approve, Terez seconded, all in favor
6. Staff and Member Comments
Terez- city trees and pruning needs
7. Discussion and Possible Ac�on: Public Works regarding City Hall Plaza revision and tree placement Ken – no updates
8. Discussion and possible ac�on: Follow-up Trash Can order Cans ordered (replacement only). Addi�onal ones on hold for now, will revisit later.
9. Discussion and possible ac�on: Volunteer work dates for spring 2024 4/24 south entrance, 5/1 planters, 5/8 lake street medians – plan�ng, 5/15 library Lake street follow-up in June, no date set
10. Discussion and possible ac�on: Follow-up on revision of dry creek bed landscape feature Public Works removed problem area of weeds, new weed cloth put in that loca�on. Only worked on the upper median, lower s�ll needs some. More plants needed, will add phlox, forsythia and heather
11. Discussion and possible ac�on: Street planters
Lorie will look up the company that the original ones are from Planters; areas the commitee cleans up on work days
11. Discussion and possible ac�on: Long-term Beau�fica�on goals Clock, castle street?
11. Adjourn Mee�ng 5:20 PM Next mee�ng May 8th
Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 15 City Council Agenda Item #7d
Staff Report
Meeting Date: May 28, 2024
To: Mayor and City Council
From: Kathy Joyce, Deputy City Clerk
Subject: City Council Compensation Ordinance Amendment
Recommendation:
Approve second reading and adoption of an Ordinance of the City Council of the city of Mt.
Shasta Amending chapter 2.22.010 of Title 2 of the Mt. Shasta Municipal Code to decrease Council Member compensation, by title only.
Summary:
In February of this year, the City Council adopted an ordinance increasing Councilmember compensation from $220 to $300 per month. This increase would take effect when the next City Council is seated after the certification of the November election. At the April 22nd City Council meeting, Mayor Stackfleth requested that the increase be ‘rolled back’ before it takes effect. For the increase to be suspended, Council will need to amend the Ordinance that was adopted in February.
Attachments:
Proposed Ordinance Amendment
Regular
X Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 16 ORDINANCE CCO-24-XX
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
AMENDING CHAPTER 2.22.010 OF TITLE 2 OF
THE MT. SHASTA MUNICIPAL CODE
TO DECREASE COUNCIL MEMBER COMPENSATION
The City Council of the City of Mt. Shasta does hereby ordain as follows:
I. FINDINGS
Section 2.22.010 is modified as follows:
II. TEXT OF CODIFIED ORDINANCE
Chapter 2.22
COUNCIL MEMBER COMPENSATION
Sections:
2.22.010 Council Member Salaries. Council Members shall receive a salary of $220.00 per month.
ROLL CALL VOTE:
AYES:
NOES:
ABSENT
ABSTAIN:
DATED: May 28, 2024
CITY OF MT. SHASTA:
______________________________
John Stackfleth, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ______________________________ Kathryn M. Joyce, Deputy City Clerk John S. Kenny, City Attorney Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 17 IT IS HEREBY CERTIFIED that the foregoing Ordinance CCO-24-XX was introduced and read by title only, by the City Council of the City of Mt. Shasta at a regular meeting of said Council on the 13th day of May 2024, and was duly adopted, by title only, by said Council at a regular meeting held on the 28th day of May 2024.
________________________________
Kathryn M. Joyce, Deputy City Clerk
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LEASE OF MOUNT SHASTA RECREATION AND PARK DISTRICT FACILITY THIS LEASE, made and entered into this 28th day of May, 2024, by and between the CITY OF MT. SHASTA hereinafter called the “City”, and the MOUNT SHASTA RECREATION AND PARKS DISTRICT, a body politic, hereinafter called the “District”.
W I T N E S S E T H:
WHEREAS, the District is the owner of certain real property located at 1315 Nixon Road, and commonly known as, The City Park Upper Lodge Building hereinafter referred to as the Recreation Center Building; and
WHEREAS, the City is desirous of leasing said City Park Upper Lodge Building from the District for a period of time and under certain conditions; and WHEREAS, the District is desirous of accepting a lease from the City for said City Park Upper Lodge Building,
NOW, THEREFORE, IT IS AGREED AND UNDERSTOOD AS FOLLOWS:
1. DESCRIPTION OF PREMISES: The District hereby leases and lets unto the City, those certain premises described as the City Park Upper Lodge Building.
2. TERM: This lease shall be for a term of one (1) year, commencing on July 1, 2024, and terminating on June 30, 2025.
3. CONSIDERATION: The City shall pay to the District the sum of Two Hundred Dollar ($200.00) per meeting per month for two (2) City Council meetings, scheduled for the 2nd and 4th. Monday of each month, and one (1) meeting of the City Planning Commission, scheduled for the 3rd Tuesday of each month, as rent for the leased premises; this payment shall be payable the first day of each month during the effective period of this lease.
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3A. ADDITIONAL RENTS: City shall pay to the District the amount of One Hundred ($100.00) dollars per meeting per month for any City approved meeting that is in addition to the Two (2) City Council meetings and One (1) Planning Commission meeting set forth in Paragraph 3 above.
4. UTILITIES USE: The District shall furnish the City water necessary for sanitation and domestic use without charge but said water shall be put to reasonable use and shall not be wasted. District shall make all arrangements for and pay for all utilities and services furnished to or used by City, including, without limitation, gas, electricity, telephone service, and trash collection, and for no additional charge.
5. INDEMNIFICATION : City agrees to indemnify, defend and hold harmless the District against all claims and damages arising out of City’s use of the leased premises. District agrees to indemnity, defend, and hold harmless the City against all claims and damages arising of the Districts ownership or use of said premises.
6. TAXES: In the event there are any taxes and/or assessments on the leased property during or for the leased period, the District shall pay the taxes and/or assessments.
7. MAINTENANCE: The City agrees to accept the buildings upon the subject premises in as is condition upon the date of execution of this lease.
8. ASSIGNMENT AND SUBLETTING: It is agreed by and between the parties hereto that the City shall neither assign this lease nor sublet the premises Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 20 G:\City Council\City Council Agenda Packets 2024\5.28.2024 Tuesday\7 Consent\LEASE AGREE_RecreationParks 2024.doc
unless the written consent of the District is obtained as a condition precedent to such assignment or subletting.
9. ALTERATIONS OF STRUCTURES AND GROUNDS: The City shall not materially alter, move or destroy any buildings or structures on the premises or alter the grounds themselves without first obtaining written consent from the District.
10. FREEZING CONDITIONS: The District acknowledges that it is aware that freezing conditions exist in the area of the premises and agrees to protect the plumbing upon the premises from freezing and further to remove snow from the roofs of the buildings upon the premises and further to be responsible for the plowing of snow necessary to clear the roads upon the premises.
11. USES: It is agreed by and between the parties hereto that the premises shall be used by the City of Mt. Shasta for meeting purposes only, and specifically that the City shall use the subject premises for the purpose of conducting City Council, City Planning Commission and City Committee meetings with the general public.
12. DESTRUCTION AND RESTORATION: If, during the term, the premises or the buildings and other improvements in which the premises are located are totally or partially destroyed from a risk covered by insurance, rendering the premises totally or partially inaccessible or unusable, District shall restore the premises or the buildings and other improvements in which the premises are located to substantially the same condition as they were in immediately before destruction. Such destruction shall not terminate this lease.
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13. MEDIATION AND ARBITRATION: Disputes Subject to Mediation and Arbitration: Any dispute between the parties relating to the interpretation and enforcement of their rights and obligations under this lease to be the subject of mediation and arbitration shall be resolved solely by mediation and arbitration in accordance with the provisions of paragraph 17 of this lease. Initial Mediation: With respect to any dispute between the parties that is to be resolved by arbitration as provided in paragraph 17, which has not been resolved between the parties themselves, the parties shall attempt in good faith first to mediate such dispute and use their best efforts to reach agreement on the matters in dispute. Within 5 days of the request of any party, the requesting party shall attempt to employ the services of a third person mutually acceptable to the parties to conduct such mediation within 5 days of his or her appointment. If the parties are unable to agree on such third person, or, if on completion of such mediation, the parties are unable to agree and settle the dispute, then the dispute shall be referred to arbitration in accordance with paragraph 17.
Arbitration: Any dispute between the parties that is to be resolved by arbitration as provided in paragraph 17 shall be settled and decided by arbitration conducted by the American Arbitration Association in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as then in effect, except as provided below. Any such arbitration shall be held and conducted in Mt. Shasta, CA before one arbitrator who shall be selected by mutual agreement of the parties; if agreement is not reached on the selection of an arbitrator within 15 days, then such arbitrator shall be Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 22 G:\City Council\City Council Agenda Packets 2024\5.28.2024 Tuesday\7 Consent\LEASE AGREE_RecreationParks 2024.doc
appointed by the presiding judge of the superior court of the county in which the arbitration is to be conducted.
The provisions of the Commercial Arbitration Rules of the American Arbitration Association shall apply and govern such arbitration, subject, however, to the following:
(a) Any demand for arbitration shall be in writing and must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such claim, dispute, or other matter would be barred by the applicable statute of limitations.
(b) The arbitrator appointed must be former or retired judges or "attorneys" with at least 10 years experience in real property and commercial matters, or non-attorneys with like experience in the area of dispute.
(c) Final decision by the arbitrator or arbitrators must be made within 90 days from the date the arbitration proceedings are initiated. (d) The prevailing party shall be awarded reasonable attorneys' fees, expert and non-expert witness costs and expenses, and other costs and expenses incurred in connection with the arbitration, unless the arbitrator for good cause determines otherwise.
(e) Costs and fees of the arbitrator shall be borne by the non-prevailing party, unless the arbitrator or arbitrators for good cause determine otherwise.
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(f) The award or decision of the arbitrator, which may include equitable relief, shall be final and judgment may be entered on it in accordance with applicable law in any court having jurisdiction over the matter.
(g) The provisions of Title 9 of Part 3 of the California Code of Civil Procedure, including §1283.05, and successor statutes, permitting expanded discovery proceedings shall be applicable to all disputes which are arbitrated pursuant to this paragraph.
14. DISTRICT’S ENTRY ON PREMISES: District and its authorized representatives shall have the right to enter the premises at all reasonable times to determine whether the premises are in good condition and whether City is complying with its obligations under this lease. District shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of District’s entry on the premises as provided in this paragraph, except damage resulting from the acts or omissions of District or its authorized representatives. District shall conduct its activities on the premises as allowed in this paragraph in a manner that will cause the lease possible inconvenience, annoyance, or disturbance to City.
15. NOTICE: Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and served personally or sent by prepaid, first-class mail, or by overnight courier (e.g., Federal Express, UPS). Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed to the other Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 24 G:\City Council\City Council Agenda Packets 2024\5.28.2024 Tuesday\7 Consent\LEASE AGREE_RecreationParks 2024.doc
party at its regular business address. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated when delivered or within 48 hours from the time of mailing if mailed as provided in this paragraph.
16. WAIVER: No delay or omission in the exercise of any right or remedy of District on any default by City shall impair such a right or remedy or be construed as a waiver.
17. SURRENDER OF PREMISES; HOLDING OVER: On expiration or within 10 days after termination of the term, City shall surrender to District the premises and all City’s improvements and alterations in good condition (except for ordinary wear and tear). City shall remove all its personal property within the above stated time.
18. ATTORNEY’S FEES: If either party becomes a party to any litigation concerning this lease, the premises, or the buildings or other improvements in which the premises are located, by reason of any act or omission of the other party or its authorized representatives, and not by any act or omission of the party that becomes a party to that litigation or any act or omission of its authorized representatives, the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys’ fees and court costs incurred by it in the litigation.
If either party commences an action against the other party arising out of or in connection with this lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney’s fees and costs incurred in that litigation or action.
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19. MISCELLANEOUS PROVISIONS:
A. General Conditions: Time is of the essence of each provision of this lease.
Whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or approval. This lease shall be binding on and inure to the benefit of the parties and their successors.
Rent and all other sums payable under this lease must be paid in lawful money of the United States of America. This lease shall be construed and interpreted in accordance with the laws of the State of California. This lease contains all the agreements of the parties. All provisions, whether covenants or conditions, on the part of District shall be deemed to be both covenants and conditions. The captions of this lease shall have no effect on its interpretation. When required by the context of this lease, the singular shall include the plural. The unenforceability, invalidity, or illegality of any provision shall not render the other provisions unenforceable, invalid, or illegal.
B. STORAGE: By mutual agreement between the District and the City, the District will provide storage space for meeting related equipment in the City Park Upper Lodge Building to facilitate the set – up for monthly meetings. The District will assure City equipment is securely stored at all times and readily accessible for meeting set – ups as scheduled. The inventory of stored items is as follows:
• Nameplates and Gavel
• Table Linens
• Microphones (10)
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C. Use of Definitions: The definitions contained in this lease shall be used to interpret this lease. As used in this lease, the following words and phrases shall have the following meanings:
Authorized Representative: Any officer, agent, employee, or independent contractor retained or employed by either party, acting within authority given him by that party.
Damage: Injury, deterioration, or loss to a person or property caused by another person’s acts or omissions. Damage includes death.
Damages: A monetary compensation or indemnity that can be recovered in the courts by any person who has suffered damage to his person, property, or rights through another’s act or omission.
Destruction: Any damage, as defined here, to or disfigurement of the premises.
Encumbrance: Any deed of trust, mortgage, or other written security device or agreement affecting the premises, and the note or other obligation secured by it, that constitutes security for the payment of a debt or performance of an obligation.
Expiration: The coming to an end of the time specified in the lease as its duration, including any extension of the term resulting from the exercise of an option to extend.
Good Condition: The good physical condition of the premises and each portion of the premises, including, without limitation, signs, windows, show windows, appurtenances, and District’s personal property as defined Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 27 G:\City Council\City Council Agenda Packets 2024\5.28.2024 Tuesday\7 Consent\LEASE AGREE_RecreationParks 2024.doc
here. “In good condition” means first-class, neat, clean, and broom-clean, and is equivalent to similar phrases referring to physical adequacy in appearance and for use.
Hold Harmless: To defend and indemnify from all liability, losses, penalties, damages as defined here, costs, expenses (including, without limitation, attorneys’ fees), causes of action, claims, or judgments arising out of or related to any damage, as defined here, to any person or property.
Law: Any judicial decision, statute, constitution, ordinance, resolution, regulation, rule, administrative order, or other requirement of any municipal, county, state, federal, or other government agency or authority having jurisdiction over the parties or the premises, or both, in effect either at the time of execution of the lease or at any time during the term, including, without limitation, any regulation or order of a quasi-official entity or body (e.g., board of fire examiners or public utilities).
Lender: The beneficiary, mortgagee, secured party, or other holder of an encumbrance, as defined here.
Lien: A charge imposed on the premises by someone other than the District, by which the premises are made security for the performance of an act. Most of the liens referred to in this lease are mechanics’ liens.
Maintenance: Repairs, replacement, repainting, and cleaning.
Person: One or more human beings, or legal entities or other artificial persons, including, without limitation, partnerships, corporations, trusts, estates, associations, and any combination of human beings and legal entitles.
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Provision: Any term, agreement, covenant, condition, clause, qualification, restriction, reservation, or other stipulation in the lease that defines or otherwise controls, establishes, or limits the performance required or permitted by either party.
Rent: Annual rent, taxes and assessments, insurance, utilities, and other similar charges payable by City to or for the District.
Restoration: The reconstruction, rebuilding, rehabilitation, and repairs that are necessary to return destroyed portions of the premises and other property to substantially the same physical condition as they were in immediately before the destruction.
Successor: Assignee, transferee, personal representative, heir, or other person or entity succeeding lawfully, and pursuant to the provisions of this lease, to the rights or obligations of either party.
Term: The period of time during which District has a right to occupy the premises.
Termination: The ending of the term for any reason before expiration, as defined here.
IN WITNESS WHEREOF the parties hereto have caused these presents to be executed in duplicate the day and year first above written.
CITY OF MT. SHASTA
BY_________________________________
John Stackfleth, Mayor
Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 29 G:\City Council\City Council Agenda Packets 2024\5.28.2024 Tuesday\7 Consent\LEASE AGREE_RecreationParks 2024.doc
ATTEST:
_________________________________
Kathy Joyce, Deputy City Clerk
MT. SHASTA RECREATION AND PARKS DISTRICT
BY_________________________________
Shannon Shaw
District Administrator
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EXHIBIT “A”
The following real property is located in the County of Siskiyou, State of California, and more particularly described as follows, to-wit:
Beginning at the one-quarter section corner common to Sections Eight (8) and Nine (9) in Township Forty (40) North, Range Four (4) West, Mount Diablo Meridian; thence south on section line 123.65 feet to a point; thence west 755.5 feet to a point; thence north 848.4 feet; more or less, to a point on the Southern Pacific Railroad Company’s right-of-way line, which point is 100 feet southerly from the center line of said railroad; thence following said right-ofway easterly 770 feet more or less to a point on the section line between said Sections Eight (8) and Nine (9); thence south 87º 12’ east following the said railroad right-of-way line 100 feet more or less to a point; thence south 40º 55’ 30” east 89.83 feet following said railroad right-ofway to a point, which point is the beginning of a curve to the right, said curve having a radius of 875.04 feet; thence continuing along said curve a distance of 684.46 feet to a point; thence continuing southerly on said railroad right-of-way line 20 feet more or less to a point on the quarter section line in said Section Nine (9); thence west on said quarter section line 590.35 feet more or less to the point of beginning, containing 19 acres more or less.
Subject to any reservations, restrictions, conditions, easements and rights-of-way of record.
Reserving unto the State, and persons authorized by it, all oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other mineral deposits, together with the right to prospect for, mine, and remove such deposits and to occupy and use as much of the surface of said real property as may be required therefore, in accordance with law.
Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 31 City Council Agenda Item # 7f
Staff Report
Meeting Date: May 28, 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 April 30, 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 April 2024 and July 2023 through May 2024 for Sales Tax.
Property Tax Revenue:
The City has received $696,957 in property tax for the current fiscal year. The amount is $49,500 more than the prior year and is $26,000 more than budgeted. There will be a small amount collected between now and the end of the fiscal year.
Sales Tax Revenue:
The City has received $1,227,127 through May 31, 2024 in sales tax for fiscal year 2023-2024 for July 2023- March, 2024. This is $45,840 less than the prior year and a decrease of 3.78%.
July-September 2024 up $23,353
October-December 2024 down ($57,223)
January-March 2024 Down ($11,970)
Transient Occupancy Tax:
The city has received $920,849 in TOT for through April 2024 of fiscal year 2023-2024. The prior year’s amount was $871,782. The amount collected is $49,067 more than the previous year.
Regular
X Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 32 2 As of April 30, 2024, the combined funds the City of Mt. Shasta had invested in the Local Agency Investment Fund (L.A.I.F.) totaled $256,884. The April 2024 LAIF statement is attached, along with the performance data for the month of February. 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. April 30, 2024 4.272%
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
• 2024 Chandler Asset Management March not available 5/22/24 Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 33 Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 34 Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 35 Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 36 Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 37 Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 38 City Council Agenda Item #8
Staff Report
Meeting Date: 5/28/2024
To: Mayor and City Council
From: Todd Juhasz, City Manager
Subject: Letter of Intent to Purchase and Develop the
Landing
Recommended Action: Approve the Letter of Intent (LOI) to purchase and develop the Landing.
Background: The City of Mt Shasta owns a 127-acre parcel which is the former location of the Roseburg Lumber Mill. Since the site was deeded to the City approximately 25 years ago, attempts have been made to seek a qualified developer to purchase and build on the property. The City’s efforts have attracted interest but no serious development proposal or offers to purchase. The major obstacle that has frustrated development attempts is the lack of infrastructure (e.g. sewer, water) to serve the site.
We have an established developer, Pinsonneault Holdings, who is interested in signing an LOI with the City for the purposes of conducting a feasibility study and to assemble financing to purchase the site. In the LOI that has been approved by the city attorney and the developer. We (the developer and the City agree to the following:
• The parties mutually agree to pursue infrastructure funding through grants, loans, and other sources of funding as opportunities are presented.
• The parties’ present intent is for the Buyer, or a limited liability company formed by the Buyer, to purchase the Landing from the City at a sales price determined by an MAI certified appraiser with the infrastructure in place.
• The sale to the Buyer is contingent upon approval by the City of a development plan showing the proposed development with a schedule proposing stages and completion dates for development.
• The City agrees that it will work exclusively with the Buyer for a period of 24 months or until a funding plan is in place, whichever comes first.
• From the time a funding plan acceptable to the City is in place, the City and Buyer will have 12 months to agree upon a development plan and purchase agreement. • The failure of the City and Buyer to reach a development plan and purchase agreement within the 12-month period will terminate any rights Buyer may have or claim to have in the purchase and/or development of the Landing.
• The Letter of Intent is to express the agreement of the parties to work jointly to achieve the development of the Landing that will result in land uses that benefit the City and are financially achieved for the Buyer.
X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 39 City of Mt. Shasta
305 N. Mt. Shasta Blvd.
Mt Shasta, CA. 96067
530-926-7510
May 15th, 2024
LETTER OF INTENT TO COOPERATE IN THE DEVELOPMENT OF THE ROSEBERG LANDING
RECITALS
1. The City of Mt. Shasta ("City") owns approximately 127 acres of land in Mt. Shasta which is a former location of the Roseberg Lumber Mill. The land is commonly referred to as the Roseberg Landing.
2. The City acquired the Landing approximately 25 years ago with the intent of having the property developed for commercial and residential uses.
3. The City has spent considerable time and money in efforts to attract development. These efforts include rezoning the property with a planned development, entering into exclusive marketing agreement, and posting and advertising the property for sale or lease.
4. The City's efforts have attracted interest but no serious development proposal or offers to purchase.
5. The major obstacle frustrating development is the lack of infrastructure (particularly sewer and water service) to serve the Landing.
6. The City possesses the physical capacity in its water service facilities and wastewater treatment facilities to service the Landing. Absent are the necessary water lines to deliver water and sewer lines to carry wastewater to the City treatment facility. The cost of installing these lines renders development cost for the Landing prohibitive.
7. ("Buyer/Developer") wishes to purchase and develop the Landing if the City can arrange financing sufficient to install necessary infrastructure.
MUTUAL INTENT
In consideration of the recitals set forth above, the parties agree as follows:
8. The parties agree to mutually pursue infrastructure funding through grants, loans, and other sources of funding or any combination of funding opportunities as may be available.
Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 40
9. The parties' present intent is for Buyer, or a limited liability company formed by Buyer, to purchase the Landing from the City at a sales price determined by an MAI certified appraiser with the infrastructure improvement in place.
10. The sale to Buyer would be contingent on approval by the City of a development plan showing proposed development with a schedule proposing stages and completion dates for development.
11. The City agrees that it will work exclusively with Buyer for a period of 24 months or until a funding plan is in place, whichever comes first.
12. From the time a funding plan acceptable to the City is in place, the City and Buyer will have 12 months to agree upon a development plan and purchase agreement.
13. The failure of the City and Buyer to reach a development plan and purchase agreement within the 12-month period will terminate any rights Buyer may have or claim to have in the purchase and/or development of the Landing.
CONCLUSION
This Letter of Intent is to express the agreement of the parties to work jointly to achieve development of the Landing that will result in land uses that benefit the City and are financially achieved for the Buyer.
CITY OF MT. SHASTA
BUYER
Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 41 City Council Agenda Item # 9
Staff Report
Meeting Date: 5/28/2024
To: Mayor and City Council
From: Todd Juhasz, City Manager
Subject: Discussion about putting a ½ cent sales tax
increase on the November ballot
Recommended Action: Discussion and direction to staff on whether to place a ½ cent sales tax increase on the November ballot.
Background: At the May 13th City Council meeting, the subject of placing a half-cent sales tax measure on the November ballot was suggested. In addition, it was suggested that this proposed tax increase should have some nexus with the potential for moving City fire and police services to a for hire contract with the County.
X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting Agenda Tuesday May 28, 2024 42