“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 organizationsin 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, July 8, 2024, 5:30 p.m.
Mt. Shasta City Park Upper Lodge, 1315 Nixon Rd. Mt. Shasta, CA And
Hyatt Vacation Northstar at 970 Northstar Dr, Truckee, CA 96161 (Stearns) And
1400 E. Fairy Chasm Rd. Milwaukee WI 53217 (Collings)
Meeting can be viewed via livestream at
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 July 8, 2024 1
Mt. Shasta Regular City Council Meeting Agenda
Monday, July 8, 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: June 24, 2024 Special and Regular Meetings b. Approval of Disbursements: Total Gross Payroll and Taxes: For Period Ending 6/23/2024
c. Police Department Monthly Report June 2024
d. Adopting Two Resolutions Necessary to Approve, Authorize and Direct Execution of the Proposed Series 2024 Wastewater Revenue Bonds, along with the Forms of Certain Corresponding Financing Documents in connection with the Wastewater Treatment Plant Improvement Project
Code – Short Term Rentals
Background: Council will consider an Ordinance amending Mt Shasta Municipal Code (MSMC) Chapter 5.50 to revise regulations governing Short-Term Rentals and amending MSMC Chapter 18 to revise the definition of Bed and Breakfasts.
Report By: Jeff Mitchem, Planning Director
Recommended Council Action: Hold public hearing. Approve first reading of CCO-24-XX, An Ordinance of The City Council Of The City Of Mt Shasta Amending Municipal Code Section 5.50.040, Section
18.08.135 and Section 18.21.020, by title only, and moving it to a second reading and adoption.
Background: A proposal to raise monthly rates for stormwater to $5 for single family residents (SFR) and $7 for non-single-family residents (NFSR) was examined by staff. This proposed rate increase would allow for budgeting about $100,000 a year to start addressing items on the Public Works “to-do” list comprised of limited replacement of rusted out culverts, replacement of damaged or undersized culverts and repairs to sections of sunken curb & gutter or misaligned drain inlets. This will not be a large enough increase to start building a significant reserve, but it will help prevent further decline and deterioration of the existing stormwater collection system. Council will discuss and determine a course of action.
Report By: Ken Kellogg, Public Works Director
Recommended Council Action: Direct staff regarding a possible stormwater rate increase ballot measure.
Background: Staff will present Pinsonneault Holdings conceptual land uses drawing for the Landing and Council will provide commentary. The intent of the drawing is to simply show the types of land uses and approximate locations for these uses to inform Council of the developer’s thinking. Pinsonneault Holdings is aware that before a more detailed plan for development will be approved, it will require input from the community, from Council, and from the Planning Commission.
Report By: Muriel Terrell, Finance Director
Recommended Council Action: Provide input on conceptual land use drawing.
Mt. Shasta City Council Regular Meeting July 8, 2024 2
4-35
36-40
41 42-43
Mt. Shasta Regular City Council Meeting Agenda
Monday, July 8, 2024
CITY COUNCIL/STAFF REPORTING PERIOD
11. Reports on Outside Meetings
12. Future Agenda Items and Meetings (Appearing on the agenda within 60-90 days):
a. Approval of Resolutions Requesting that the County Place a 1% Special Sales Tax Measure on the November Ballot Specific to Public Safety – 7/22/2024 b. Beautification Committee Presentation to Council – TBD c. Public Hearing: Housing Element Amendment – TBD
d. Approval of Funds to Complete a Survey of Washington Avenue – TBD e. Amendment of Parklet Ordinance – 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
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 July 8, 2024 3
Mt. Shasta City Council Special Meeting DRAFT Minutes
Monday, June 24, 2024; 5:00 p.m.
City Park Upper Lodge 1315 Nixon Road, Mt. Shasta
“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 Roll Call: At the hour of 5:03 p.m. Mayor Stackfleth called the meeting to order and led the audience in the flag salute.
Council Members Present: Stackfleth, Collings, Redmond, Stearns, Clure Council Members Absent: None
2. Interview of Applicants and Possible Appointment of Recreation and Parks District Board Members:
Council interviewed applicant Bruce Johnston.
Council Action: Appoint Bruce Johnston to the Recreation and Parks District Board.
MOTION: Clure
SECOND: Redmond
AYES: Clure, Redmond, Collings, Stearns, Stackfleth
NOES: None
ABSENT: None
ABSTAIN: None
Council interviewed applicant John Roberts.
Council Action: Appoint John Roberts to the Recreation and Parks District Board.
MOTION: Clure
SECOND: Redmond
AYES: Clure, Redmond, Collings, Stearns, Stackfleth
NOES: None
ABSENT: None
ABSTAIN: None
3. Adjourn: There being no further business, the meeting was adjourned at 5:15 p.m.
Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk Mt. Shasta City Council Regular Meeting July 8, 2024 4
Mt. Shasta City Council Regular Meeting DRAFT Minutes
Monday, June 24, 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:
No public comment.
5. Council and Staff Comments:
Todd Juhasz, City Manager – Update on conceptual plan for the proposed layout of The Landing. Review of next steps in the Enhanced Infrastructure Financing District (EIFD) process. Update on the library expansion project.
Reminder that hybrid meetings will be discontinued moving forward.
6. Committee Updates: No 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 July 8, 2024 5
City of Mt. Shasta Regular City Council Meeting Minutes Monday, June 24, 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: June 10, 2024 Regular Meeting
b. Approval of Disbursements: Accounts Payable: 6/13/2024; Total Gross Payroll and Taxes: For Period Ending 6/9/2024
c. Monthly Investment and Revenue Report
d. Committee Minutes: Beautification Committee May 2024 COUNCIL ACTION: Approve items a-d
MOTION TO APPROVE: Clure
SECOND: Redmond
AYES: Stackfleth, Collings, Redmond, Stearns, Clure
NOES: None
ABSENT: None
ABSTAIN: None
8. City Manager Salary
Jeffrey Collings, Councilmember – Introduction of item.
Clarifying questions from Council.
Betty Kreeger – Comments regarding City Manager salaries in California based on population, City Manager’s current salary, in opposition to increase.
Johanna Altorfer – Comments regarding previous salary increases, previous City Manager salary, consultant fees.
In opposition to increase.
Vicki Gold – Comments regarding administrative line item in the budget, proposed sales tax. Opposition to increase. Comments in support of continuing hybrid meetings.
Roslyn McCoy – Comments regarding taxes, in opposition to increase.
Council discussion.
COUNCIL ACTION: Move forward with the original proposal for the City Manager’s increase which states that he will receive an increase of $15,000 for calendar year 2024 retroactive to January 1, 2024, and receive an additional $15,000 beginning January 1, 2025.
MOTION: Stearns
SECOND: Collings
AYES: Collings, Stearns, Stackfleth
NOES: Clure, Redmond
ABSENT: None
ABSTAIN: None
9. Approval of the 2024/2025 and 2025/2026 Fiscal Years Operating Budgets Muriel Terrell, Finance Director – Review of proposed operating budgets for the 2024/25 and 2025/26 fiscal years.
Clarifying questions from Council.
Johanna Altorfer – Comments regarding 22 Avenue and support for continuing hybrid meetings. Comments regarding developer and permit fees.
Betty Kreeger – Comments in support of hybrid meetings.
Council discussion.
COUNCIL ACTION: Approve the proposed operating budgets for all funds and to amend the budget to include the City Manager’s salary increase as approved for the 2024/25 and 2025/26 fiscal years.
MOTION TO APPROVE: Clure
SECOND: Stearns
Mt. Shasta City Council Regular Meeting July 8, 2024 6
City of Mt. Shasta Regular City Council Meeting Minutes Monday, June 24, 2024
AYES: Stackfleth, Collings, Redmond, Stearns, Clure
NOES: None
ABSENT: None
ABSTAIN: None
10. Discussion and Possible Action on whether to pursue purchasing parcels located at 415 N. Chestnut Todd Juhasz, City Manager – Review of item, current sublease of 415 Chestnut Street to perform environmental inspections. Review of proposed projects, review of environmental inspection results of the building and the unpaved parcels.
Clarifying questions from Council.
Betty Kreeger – Questions about the use of the parcels.
Council discussion.
Staff directed to move forward with groundwater testing for the two unpaved parcels.
11. Sale of Fire Department Utility Pickup and Purchase of New Utility Pickup Robert Gibson, Chief of Police – Review of item, request for purchase covered under Measure A funds.
Clarifying questions from Council.
Council Member Redmond left the meeting at 6:58 p.m.
No public comment.
COUNCIL ACTION: Approve Resolution CCR-24-19, a resolution of the City Council of the City of Mt. Shasta appropriating funds from the Fire Assessment Tax fund not to exceed $85,000 for the purchase of a new utility pickup with tow capabilities and approving the surplus of a 2013 fire utility vehicle.
MOTION TO APPROVE: Clure
SECOND: Stearns
AYES: Stackfleth, Collings, Stearns, Clure
NOES: None
ABSENT: Redmond
ABSTAIN: None
12. Discussion and Possible Action: Tax Measures for November’s General Election Ballot Todd Juhasz, City Manager – Review of item, possible various tax measures or fees to be placed on the November ballot.
Clarifying questions from Council.
Johanna Altorfer – Questions about proposed increase in stormwater fees, comments regarding previous proposal.
Council discussion.
Council directed to have the Public Works Director attend the next City Council meeting to answer questions about stormwater projects and costs.
Council discussion.
Staff directed to put a 1% sales tax on the November ballot that will be specific to public safety.
13. Reports on Outside Meetings: Mayor Stackfleth commented on the last library expansion committee meeting.
Mt. Shasta City Council Regular Meeting July 8, 2024 7
City of Mt. Shasta Regular City Council Meeting Minutes Monday, June 24, 2024
14. Future Agenda Items (Appearing on the agenda within 60-90 days):
COUNCIL ACTION: Reviewed items a through l. Items added:
a. Public Hearing: Amendment to the Short-Term Rental Ordinance – 7/8/2024 b. Public Hearing: Housing Element Amendment – 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
15. Adjourn: There being no further business, the meeting was adjourned at 7:49 p.m.
Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk Mt. Shasta City Council Regular Meeting July 8, 2024 8
City Council Agenda Item #7b
Staff Report
Meeting Date: July 8, 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 $152,068.36.
Background & Summary:
Approval of Check Numbers $ -0-
Total Payroll Distribution $ 86,596.36
Total EFTPS – CalPERS, Nationwide $ 26,162.70
Total Payroll EFTPS Taxes $ 39,309.30
$ 152,068.36
Financial Impact:
Expenditures are consistent with the Budget that the City Council has adopted.
Attachments:
1.) Check Registers – none
2.) ACH Payroll Distribution – 6/27/24
3.) EFTPS Reports – payroll 6/27/24
Regular
x Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting July 8, 2024 9
Mt. Shasta City Council Regular Meeting July 8, 2024 10 Mt. Shasta City Council Regular Meeting July 8, 2024 11 Mt. Shasta City Council Regular Meeting July 8, 2024 12 Mt. Shasta City Council Regular Meeting July 8, 2024 13 Mt. Shasta City Council Regular Meeting July 8, 2024 14 Department Statistics
Calls for Service June 2023 June 2024 Change
779 941 +20.79%
Cases Taken June 2023 June 2024 Change
51 45 -11.76%
Arrests Made June 2023 June 2024 Change
44 21 -52.27%
779 752 730 740
851 745 669 721 640 744 825
956 941
0 200
400
600
800
1000
1200
Calls for Service
Calls for Service
51 51 48 45 48 46
34 39 34
66 36
49 45
0 20
40 60
80 Cases Taken
Cases Taken
44 23 22 20 20 20
13 19 16 17 18 21 21
0 10
20 30
40 50
Arrests Made
Arrests Made
Mt. Shasta City Council Regular Meeting July 8, 2024 15 Warrant Arrests June 2023 June 2024 Change
4 8 +100%
Top 5 Calls
June 2023 June 2024
Public Assist 33 Check Welfare- Person 33
415- Disturbing the Peace 32 Medical 30
Out w/a Vehicle 25 Out w/a Person 26
Trespassing 21 Out w/a Vehicle 23
Muni-code Violation Parking 19 Alarm 22
4 0
6 1
8 4 4
6 3
7 11
7 8
0 2
4 6
8 10
12 Warrant Arrests
Warrant Arrests
0 5 10 15 20 25 30 35
6/1/2023
7/1/2023
8/1/2023
9/1/2023
10/1/2023
11/1/2023
12/1/2023
1/1/2024
2/1/2024
3/1/2024
4/1/2024
5/1/2024
6/1/2024
Yearly Top 5 Calls June 2023-2024
Animal Complaint Disturbing the Peace Suspicious Circumstances Suspicious Vehicle Suspicious Person Mt. Shasta City Council Regular Meeting July 8, 2024 16 Crime Statistics
Crimes
June 2023 June 2024 Change June 2023- June 2024
Yearly Total
Assault – Physical 6 3 -50% 48
Assault – Verbal 0 0 0 15
Disturbing the Peace 32 18 -43.75% 198
Domestic Disturbance 2 0 -100% 13
Domestic Violence 2 1 -50% 17
Fraud 1 1 0 12
Public Intoxication 2 1 -50% 36
Stolen Vehicle 3 0 -100% 9
TC Hit & Run 1 1 0% 16
Theft from Vehicle 0 0 0 3
Theft – Grand 0 1 +100% 5
Theft – Petty 7 10 +42.85% 68
Theft – Shoplifting 0 0 0 0
Trespassing 21 17 -19.04% 255
Vandalism 4 7 +75% 57
6 5 6 6
2 1
3 2
7 1
4 2 3
0 5
10 Assault - Physical
Assault - Physical
0 1
0 0
1 0 0 0 0 0 0 0 0 0
0.5 1
1.5 Assault - Verbal
Assault - Verbal
32 14 19
12 16 19
5 13 17
7 11 15 18
0 20
40 Disturbing the Peace
Disturbing the Peace
Mt. Shasta City Council Regular Meeting July 8, 2024 17 2 0
2 1 0 0 0 0 0 1 0
7 0 0
5 10
Domestic Disturbance
Domestic Disturbance
2 5
0 0 0
2 1
0 1
3 1 1 1 0
2 4
6 Domestic Violence
Domestic Violence
1 1
2 1
4 0 0
1 1
0 0 0
1 0
2 4
6 Fraud
Fraud
2 8
2 4
2 1 2 1
3 4
2 4
1 0
5 10
Public Intoxication
Public Intoxication
3 0 0
2 0 0
1 2
0 0
1 0 0 0
2 4
Stolen Vehicles
Stolen Vehicles
Mt. Shasta City Council Regular Meeting July 8, 2024 18 1 2
0 0
1 2
3 1
2 2
1 0
1 0
2 4
Traffic Collisions - Hit & Run
Traffic Collisions - Hit & Run
0 0 0 0
2 0
1 0 0 0 0 0 0 0
1 2
3 Theft from Vehicle
Theft from Vehicle
0 1
0 0 0 0 0 0
2 0 0
1 1
0 1
2 3
Theft - Grand
Theft - Grand
7 8
5 6
1 7
4 3 2
8 2
5 10
0 5
10 15
Theft - Petty
Theft - Petty
0 0 0 0 0 0 0 0 0 0 0 0 0 0
0.5 1
Theft - Shoplifting
Theft - Shoplifting
Mt. Shasta City Council Regular Meeting July 8, 2024 19 21 34 28 30
19 17 19 17 20 18
6 9
17 0
20 40
Trespassing
Trespassing
4 5
4 6
55 22
7 2
3 5
7 05
10 Vandalism
Vandalism
Mt. Shasta City Council Regular Meeting July 8, 2024 20 Traffic Summary
June 2023 June 2024 Change
Traffic Stops 58 134 +131.03%
Traffic Citations Issued 9 26 +188.88%
Traffic Collisions
June
2023
June
2024
Change June2023- June2024
Yearly Total
TC – DUI 0 0 0% 1
TC – Hit & Run 1 1 0% 16
TC – Info Exchange 5 8 +60% 59
TC - Injury 2 1 -25% 13
Total 8 10 +25% 89
58 61 77 65
97 101 99 99 109
171
203
152 134
9 4 6 13 5 11 8 8 10 17 19 25 26
0 50
100
150
200
250
Traffic Stops
11-95 Traffic Citations Issued
0 0 0 0 0 0 0 0 0 0 0
1 0
1 2
0 0
1 2
3 1
2 2
1 0
1 5
7 6
7 8
0 3
4 1 1
2 7
8 2
1 2
1 1
0 0
1 2
0 0
2 1
0 1
2 3
4 5
6 7
8 9
Traffic Collisions
TC - DUI Hit & Run TC - Info Exchange TC - Injury
Mt. Shasta City Council Regular Meeting July 8, 2024 21 Traffic Accident Location Summary
06/03/2024 TC Information Exchange 312 Maple St. Parties exchanged information, negative injuries. 06/12/2024 TC Information Exchange W Lake St & N Mt Shasta Blvd. Parties exchanged information, negative injuries.
06/14/2024 TC Hit & Run 619 Caroline Ave. Parties exchanged information, negative injuries. 06/14/2024 TC Information Exchange E Ivy St & Alder St. Parties Exchanged information, negative injuries.
06/17/2024 TC with Injury 803 Everitt Memorial Hwy. Single vehicle TC with injuries. 06/24/2024 TC Information Exchange 112 E Alma St. Parties Exchanged information, negative injuries. 06/26/2024 TC Information Exchange S Mt Shasta Blvd & Old McCloud Rd. Parties Exchanged information, negative injuries, case taken.
06/27/2024 TC Information Exchange 811 N Mt Shasta Blvd. Parties Exchanged information, negative injuries.
06/27/2024 TC Information Exchange 329 N Mt Shasta Blvd. Parties Exchanged information, negative injuries.
06/28/2024 TC Information Exchange E Lake St & Washington Dr. Parties Exchanged information, negative injuries, case taken.
DUI Summary
June 2023 June 2024 Change
DUI Complaints NA NA NA
DUI Arrests 2 0 -100%
* DUI Complaints no longer tracked in new CAD system as of 11/01/2022. 2 4 4 4
5 3
4 0
2 3
2 2
0 0
2 4
6 DUI Summary
DUI Complaints DUI Arrests
Mt. Shasta City Council Regular Meeting July 8, 2024 22 Patrol Information
Foot Patrol
June 2023 June 2024 Change June 2023- June
2024 Yearly Total
26 33 +26.92% 323
Frequent foot patrol areas include:
• City Park
• Shastice Park
• Downtown Mount Shasta
• Roseburg Property
• Behind commercial business
such as Ray’s Food Place, the
Cinema, and Rite Aid
• Dense brush areas in multiple
residential areas.
26 29
6 28
18 20 22 27 22 16 23
53 33
0 20
40 60
Foot Patrol
Foot Patrol
Mt. Shasta City Council Regular Meeting July 8, 2024 23 Municipal Summary
Municipal Calls for Service
June 2023 June 2024 June 2023- June 2024
Yearly Total
Muni Code – Other 7 7 100
Muni Code - Parking 19 15 142
Total 26 27 242
LiveScans June 2023 June 2024
23 19
Court Activity
7 11 11
2 10
6 2 4
11 11
15 3
7 19
7 10
27 7 5 3 5
11 5
11 17 15
0 5
10 15
20 25
30 Municipal Calls for Service
Muni Code - Other Muni Code - Parking
2 4 2 3
8 2 2 4
1 1
5 5
0 0
10 Court Activity
Court Activity
Mt. Shasta City Council Regular Meeting July 8, 2024 24 Social Media
Facebook
Followers Posts Reach Engaged Users Reactions
12,524 8 46,904 5480 1203
Twitter
Followers Tweets Impressions Mentions
400 0 0 0
Instagram
Followers Posts Likes
2141 7 179
Nextdoor
Posts Impressions Reactions
0 0 0
Mt. Shasta City Council Regular Meeting July 8, 2024 25
CITY OF MOUNT SHASTA
And
MOUNT SHASTA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: City Council / Authority Board
FROM:
MEETING DATE: July 8, 2024
SUBJECT: Consider Adopting Resolutions Necessary to Approve, Authorize and Direct Execution of the Proposed Series 2024 Wastewater Revenue Bonds, along with the Forms of Certain Corresponding Financing Documents in connection with the Wastewater Treatment Plant Improvement Project
RECOMMENDATION
City staff recommends that the City Council adopt (i) Resolution CCR-24-XX thereby approving the form of all financing documents, and directing staff to work with Bond Counsel and USDA to finalize the issuance of the proposed Series 2024 Wastewater Revenue Bonds, the proceeds of which will be used to repay the BANs that was established to finance the Wastewater Treatment Plant Improvement Project, and (ii) Resolution CCR-24-XX, thereby adopting and approving the USDA Resolution (USDA Form RD 1780-27), as an additional necessary prerequisite to the issuance of the Bonds.
Staff of the Mount Shasta Public Financing Authority (the “Authority”) recommends that the Board adopt Resolution PFA-24-XX, thereby approving the form of all financing documents, and directing staff to work with Bond Counsel and USDA to finalize the issuance of the proposed Series 2024 Wastewater Revenue Bonds, the proceeds of which will be used to repay the BANs that were issued to finance the Wastewater Treatment Plant Improvement Project.
BACKGROUND / DISCUSSION
On May 26, 2021, City Council (the “Council”) adopted Resolution CCR-21-13 authorizing and directing the execution and delivery of Series 2021 Wastewater Revenue Bond Anticipation Notes (the “BANs”) to finance the Wastewater Treatment Plant Improvement Project (the “Project”). Subsequently, on September 2, 2021, the BANs were issued by the City and sold to Cobank in an amount not to exceed $9,209,000 on a drawdown basis.
The construction of the Project is now complete, and it is therefore necessary and appropriate for the City to follow through with the long-term “take-out” financing of the Project. The take-out financing is coming from the United States Department of Agriculture (USDA) in the form of Series 2024 Wastewater Revenue Bonds in an aggregate amount of $9,209,000 (the “Bonds”). The Bonds will bear interest at a rate of 2.125%, and Mt. Shasta City Council Regular Meeting July 8, 2024 26
AGENDA REPORT
- 2 -
will be repaid semi-annually over a 40-year fully amortizing term, which equates to annual debt service of approximately $345,000.
The Weist Law Firm has been retained as Bond Counsel for the issuance of the Bonds. Mr. Cameron Weist will be available via teleconference to provide Council with and overview of the solicitation and selection process, the documents included with this Agenda item, and the anticipated sequence of events should the Council decide to move ahead with this funding.
SUMMARY OF THE RESOLUTION AND FINANCING DOCUMENTS
The subject resolutions authorize and approve the form of all the foundational legal documents (the “Financing Documents”) necessary to provide for the successful issuance of the Bonds. The adoption of the Resolutions is a legal prerequisite to allow for the completion of the appropriate documentation necessary for the USDA/BOND finalization. The accompanying Financing Documents comprise a financing structure that is considered standard for California government agencies to legally incur debt secured by wastewater enterprise fund revenues, and is acceptable to USDA, as the purchaser of the Bonds.
In using this financing structure, an installment sale arrangement must be established with a third-party nonprofit entity experienced in tax-exempt debt transactions in California. The Authority is being utilized as such independent nonprofit entity for this financing transaction.
The Bonds will be repaid from Net Revenues of the Wastewater Enterprise. “Net Revenues” means for any Fiscal Year (or other designated twelve (12) calendar month period), the Gross Revenues (i.e., all revenues generated by the Wastewater Enterprise) during such Fiscal Year (or designated twelve (12) calendar month period) less the Operation and Maintenance Costs during such period.
The proposed Bonds are to be issued as limited obligation bonds, payable only from Net Revenues of the Wastewater Enterprise, and therefore the City’s general fund, water fund (or any other funds other the Wastewater Enterprise fund to the extent of Net Revenues) will not be exposed to repayment risk.
The Financing Documents are being presented to the Council as “form-only documents.” The subject resolutions authorize and direct City officers and staff to finalize the Financing Documents as and when appropriate, and to do all things necessary to provide for the issuance of the Bonds, which is expected to occur sometime towards the end of July (assuming that USDA is ready at that time). This method of approval is the normal method of approving a bond issue.
While the Financing Documents are complex and contain legal terminology, they can be succinctly summarized as follows: the City sells the Bonds directly to USDA and uses the proceeds of the Bonds to pay off the BANs that were issued by the City to finance the acquisition and construction of the Project. Pursuant to the Installment Sale Agreement, the City is “selling” to, and then “purchasing” the Project from, the Authority in exchange for making the semi-annual Installment Payments which are assigned to the “Trust Administrator” (which role is being served by the Finance Director), who then makes corresponding semiannual debt service payments directly to USDA. Based upon the revenue stream of Installment Payments, the City issues the Bonds pursuant to the Trust Agreement, which are sold to USDA in exchange for cash to the City. The proposed Bonds are structured to be tax-exempt and are pre-payable at any time without penalty.
Mt. Shasta City Council Regular Meeting July 8, 2024 27
AGENDA REPORT
- 3 -
A brief description of each of the Financing Documents is as follows:
Installment Sale Agreement: This agreement provides for the sale of the Project to the Authority, and then back to the City in exchange for the City’s promise to make future semi-annual Installment Payments to the Authority, which semi-annual payments are commensurate with the debt service on the Bonds. This agreement also requires the City to maintain Net Revenues in excess of 120% total annual debt service on the Bonds and all parity debt. The Installment Sale Agreement also requires the City to maintain the Project throughout the term of the Bonds, to pay taxes, if any, and to maintain various forms of insurance, among other things.
Trust Agreement: This document provides for execution and delivery of the Bonds to USDA in exchange for proceeds in the par amount thereof, and further establishes the covenants and specifics of the Bonds, including (i) the application of proceeds to pay for the reimbursement, acquisition and construction costs of the proposed Project (as well as payment of the costs of issuance for the Bonds), (ii) the establishment of a debt service reserve fund, (iii) the establishment of a short-lived assets reserve fund, (iv) the Trust Administrator’s duties, (v) repayment mechanisms, (vi) default and remedies provisions, and (vii) the Bond Owners (i.e., USDA) rights and remedies.
Assignment Agreement: This document provides the terms and conditions under which the Authority assigns the City’s Installment Payments to the Trust Administrator, for ultimate payment to USDA.
Purchase Offer: The City (through the Authority) will sell the Bonds to USDA pursuant to the terms of the Purchase Offer. The Purchase Offer states the conditions under which USDA will purchase the Bonds and requires the City to deliver all the duly authorized and executed documents and opinions at closing. The City also covenants that there is no material litigation against the City which would impair its ability to make Installment Payments or affect the Bonds. The sale is scheduled in accordance with the parameters described above.
Irrevocable Payment Instructions: These are irrevocable instructions pursuant to which the proceeds of the Bonds will be sent to Cobank and used exclusively for the purpose of prepaying and defeasing the BANs.
In addition to approving the form of the Financing Documents, the Resolutions also designate the Mayor, Mayor Pro Tem, City Manager, Finance Director and City Clerk as “Authorized Representatives” of the City and Authority for the purposes of structuring and providing for the execution of the Financing Documents and the corresponding issuance and delivery of the Bonds, and pursuant to the Resolutions are each authorized, jointly and severally, for and in the name of and on behalf of the City and the Authority, to execute and deliver any and all documents and certificates that may be required to be executed in connection with the execution and delivery of the Bonds, and to do any and all things and take any and all actions which may be necessary or advisable, in their discretion, to effectuate the actions which the Council/Board has intended with the adoption of the subject Resolutions.
ALTERNATIVES
1. Adopt the respective subject resolutions as presented, thereby authorizing and approving the issuance of the Bonds.
2. Do not approve but provide alternative direction to staff.
Mt. Shasta City Council Regular Meeting July 8, 2024 28
AGENDA REPORT
- 4 -
FISCAL IMPACT
The attached Resolutions establish the legal and financial framework for the issuance of the Bonds for purposes of paying off BANs. Pursuant to the Installment Sale Agreement, the City promises the owners of the Bonds (i.e., USDA) to annually budget and appropriate from the Wastewater Enterprise Fund sufficient funds to make all Installment Payments pursuant to the Installment Sale Agreement. The interest rate is set at
2.125%. Annual payments are expected to average approximately $345,000 per year for 40 years.
ATTACHMENTS
1. Resolution No. CCR-24-XX
2. Resolution No. CCR-24-XX
3. Resolution No. PFA-24-XX
4. Form of Installment Sale Agreement
5. Form of Trust Agreement
6. Form of Assignment Agreement
7. Form of Purchase Offer
8. Form of Irrevocable Prepayment Instructions
NOTE: ALL DOCUMENTS MENTIONED IN THIS AGENDA REPORT ARE ON FILE WITH THE CITY CLERK’S OFFICE.
Mt. Shasta City Council Regular Meeting July 8, 2024 29 1 RESOLUTION CCR-24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNT
SHASTA APPROVING AND ADOPTING USDA RUS BULLETIN 1780-27
LOAN RESOLUTION PROVIDING FOR THE INCURRENCE OF
INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF
THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING,
IMPROVING AND/OR EXTENDING THE WASTEWATER
TREATMENT PLANT IMPROVEMENT PROJECT
WHEREAS, the City Council (the “City Council”) of the City of Mount Shasta (the “City”), working together with the Mount Shasta Public Financing Authority (the “Authority”), have agreed to enter into certain contractual relations for the purpose, among other things, of providing financing for public capital improvements of the City; and WHEREAS, the United States of America, Acting Through Rural Utility Service, United States Department of Agriculture, California (hereafter referred to as “USDA”) has issued a “Letter of Conditions” on February 5, 2018, as amended, to fund a portion of the City’s Wastewater Treatment Plant Improvement Project (the “Project”), that includes a not-to-exceed $9,209,000 financing component; and
WHEREAS, as part of the Letter of Conditions, the USDA requires that the City Council adopt a RUS Bulletin 1780-27 Loan Resolution Authorizing and Providing for the Incurrence of Indebtedness for the Purpose of Providing for a Portion of the Cost of Acquiring, Constructing, Enlarging, Improving and/or Extending the City’s Wastewater Treatment Plant Improvement Project (the “USDA Loan Resolution No. 1780-27”); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNT SHASTA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals and Findings. The City Council hereby specifically finds and declares that each of the statements, findings and determinations of the City set forth in the recitals set forth above and in the preambles of the USDA Loan Resolution No. 1780-27 approved herein are true and correct.
Section 2. Authorized Representatives. The Mayor, Mayor Pro Tem, City Manager, Finance Director, City Clerk or Deputy City Clerk, and any other person authorized by the City Council to act on behalf of the City shall each be an “Authorized Representative” of the City for the purposes of USDA Loan Resolution No. 1780-27, and are hereby authorized, jointly and severally, for and in the name of and on behalf of the City, to execute and deliver any and all documents and certificates that may be required, and to do any and all things and take any and all actions which may be necessary or advisable, in their discretion, to effectuate the actions which the City has approved in this Resolution and USDA Loan Resolution No. 1780-27.
Mt. Shasta City Council Regular Meeting July 8, 2024 30 2 Section 3. Approval and Adoption of USDA Loan Resolution No. 1780-27. The City Council hereby approves and adopts USDA Loan Resolution No. 1780-27, attached hereto and made a part hereof, on behalf of the City of Mount Shasta.
Section 4. Official Actions. Each Authorized Representative is hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate any of the transactions contemplated by the documents approved pursuant to the LOC, this Resolution and the USDA Loan Resolution No. 1780-27.
Section 5. Effective Date. This Resolution and USDA Loan Resolution No. 1780-27 shall take effect from and after the date of their passage and adoption.
The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Mount Shasta held on the 8th day of July, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
DATE: July 8, 2024
CITY OF MT. SHASTA
____________________________________
John Stackfleth, Mayor
ATTEST
_________________________________
Kathryn Joyce, Deputy City Clerk
Mt. Shasta City Council Regular Meeting July 8, 2024 31 1 RESOLUTION CCR-24-XX
A RESOLUTION OF CITY COUNCIL OF THE CITY OF MOUNT SHASTA
APPROVING THE FORM OF AND AUTHORIZING AND DIRECTING EXECUTION
AND DELIVERY OF A TRUST AGREEMENT, INSTALLMENT SALE AGREEMENT,
ASSIGNMENT AGREEMENT AND PURCHASE OFFER, IN CONNECTION WITH THE ISSUANCE OF SERIES 2024 WASTEWATER REVENUE BONDS; AND
PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO
WHEREAS, on May 26, 2021, the City Council (the “City Council”) of the City of Mount Shasta (the “City”), adopted Resolution CCR-21-13 authorizing and directing the execution and delivery of Series 2021 Wastewater Revenue Bond Anticipation Notes (the “BANs”) to finance a portion of the costs associated with the acquisition and construction of the City’s Wastewater Treatment Plant Improvement Project (the “Project”); and WHEREAS, on September 2, 2021, the BANs were issued by the City and sold to Cobank (the “Bank”) in an amount not to exceed $9,209,000 on a draw-down basis; and WHEREAS, prior to the issuance of the BANS the City had received a commitment from the United States Department of Agriculture (“USDA”) to provide take-out funding for the payoff of the BANs upon completion of the Project; and
WHEREAS, the Project has now been completed in accordance with the terms and conditions set forth in the “Letter of Conditions” issued by USDA on February 5, 2018, as amended (the “LOC”); and
WHEREAS, in order to provide financing for the payoff of the BANs (the “Financing”), the City desires to cause the execution, issuance and delivery of Series 2024 Wastewater Revenue Bonds (Wastewater Treatment Plant Improvement Project) in a principal amount not to exceed $9,209,000 (the “Bonds”), all pursuant to and secured by a Trust Agreement (the “Trust Agreement”), dated as of July 1, 2024, by and among the City, the Authority and the Finance Director, as trust administrator (the “Trust Administrator”) thereunder; and
WHEREAS, the City proposes to purchase the Project from the Authority pursuant to a certain Installment Sale Agreement (the “Installment Sale Agreement”), dated as of July 1, 2024, by and between the Authority and the City, whereby the City will make prescribed installment payments (the “Installment Payments”) from the wastewater enterprise fund, commensurate with the debt service scheduled for the repayment of the Bonds; and
WHEREAS, to further implement the foregoing, the Authority and the Trust Administrator propose to execute and enter into an Assignment Agreement (the “Assignment Agreement”), dated as of July 1, 2024, whereby the Authority will assign to the Trust Administrator all of its rights and entitlements under the Installment Sale Agreement, including but not limited to the entitlement to receive the Installment Payments from the City; and
WHEREAS, the City and Authority propose to sell the Bonds to USDA pursuant to USDA’s Purchase Offer (the “Purchase Offer”), all on the terms and conditions herein set forth and as provided in the Trust Agreement and Installment Sale Agreement, so long as the aggregate principal amount Mt. Shasta City Council Regular Meeting July 8, 2024 32 2 of the Bonds does not exceed $9,209,000, and the average interest rate does not exceed three percent (2.125%) per annum; and
WHEREAS, to properly transact the Financing, it is now appropriate and necessary for the City to approve the form of Irrevocable Payment Instructions (the “Payment Instructions”), pursuant to which the City will irrevocably agree to transfer the proceeds of the Bonds directly to the Bank for the payoff of the BANs in accordance with the specific terms of the Payment Instructions; and WHEREAS, Section 5852.1 of the Government Code of the State of California (the “Code”) provides that the City Council obtain from the Bank and disclose, in a meeting open to the public, prior to authorization of the Bonds, good faith estimates of: (a) the true interest cost of the Bonds, (b) the finance charge of the Bonds, meaning the sum of all fees and charges paid to third parties, (c) the amount of proceeds of the Bonds received less the finance charge described above and any reserves or capitalized interest paid or funded with proceeds of the Bonds and (d) the sum total of all debt service payments on the Bonds calculated to the final maturity of the Bonds plus the fees and charges paid to third parties not paid with the proceeds of the Bonds; and WHEREAS, in accordance with Section 5852.1 of the Code, the City Council has obtained such good faith estimates, and such estimates are disclosed in Section 4 hereof; and WHEREAS, the City, with the aid of its staff, has reviewed the Trust Agreement, the Installment Sale Agreement, the Assignment Agreement, the Payment Instructions and the Purchase Offer (collectively, the “Financing Documents”), the forms of which have been presented at this meeting and are on file in the City Clerk’s office, and the City Council wishes at this time to approve the foregoing in the public interests of the City; and
WHEREAS, the City Council wishes at this time to authorize all actions and proceedings relating to the Financing and the issuance of the Bonds, including the execution and delivery of the Financing Documents and all agreements and documents relating thereto; and WHEREAS, all acts, conditions and things required by the laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of such Financing authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the City is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such Financing for the purpose, in the manner and upon the terms herein provided.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mount Shasta hereby orders and determines as follows:
Section 1. Recitals and Findings. The City Council hereby specifically finds and declares that each of the statements, findings and determinations set forth in the recitals set forth above are true and correct and are incorporated herein by this reference.
Section 2. Authorized Representatives. The Mayor, Mayor Pro Tem, City Manager, City Clerk or Deputy City Clerk and any other person authorized by the City Council to act on behalf of the City shall each be an “Authorized Representative” of the City for the purposes of structuring and providing for the issuance of the Bonds, and are hereby authorized, jointly and severally, for and in Mt. Shasta City Council Regular Meeting July 8, 2024 33 3 the name of and on behalf of the City, to execute and deliver any and all documents and certificates that may be required to be executed in connection with the Financing and the execution and delivery of the Bonds, and to do any and all things and take any and all actions which may be necessary or advisable, in their discretion, to effectuate the actions which the City Council has intended with the adoption of this Resolution.
Section 3. Authorization of the Bonds and Financing Documents. The City Council hereby authorizes and approves the execution and delivery of the Bonds pursuant to the respective terms and conditions of the Financing Documents. The City Council hereby approves the Financing Documents in substantially the form on file in the office of the City Clerk, together with any additions thereto or changes therein (including, but not limited to, the final rate and amount of the Bonds, the final debt service payment schedule, and prepayment and parity bond provisions) deemed necessary or advisable by an Authorized Representative of the City. Any Authorized Representative of the City is hereby authorized and directed to execute, and the City Clerk is hereby authorized and directed to attest and affix the seal of the City to, the final form of the Financing Documents for and in the name and on behalf of the City, and the execution thereof shall be conclusive evidence of the City Council’s approval of any such additions and changes. The City Council hereby authorizes the delivery and performance of the Financing Documents.
Section 4. Good Faith Estimates. Set forth below are good faith estimates required under Section 5852.1 of the Code for the Bonds. The following estimates have no bearing on, and should not be misconstrued as, any not-to-exceed financial parameters authorized by this resolution. (a) The true interest cost of the Bonds is estimated at 2.125%, calculated as provided in Section 5852.1(a)(1)(A) of the Code.
(b) The finance charge of the Bonds, including all fees and charges paid to third parties, is estimated at $50,000.
(c) Proceeds of the Bonds received by the Authority of $9,209,000 (estimated) less the finance charge set forth in (b) above is equal to $9,159,000. (d) The total payment amount calculated as provided in Section 5852.1(a)(1)(D) of the Code is estimated at $13,791,454.
The foregoing are estimates and the final costs will depend on market conditions at the time of closing, and can be expected to vary from the estimated amounts set forth above.
Section 5. Appointment of Trust Administrator. The Finance Director is hereby appointed to act as Trust Administrator under the Trust Agreement unless and until replaced in accordance with the provisions of the Trust Agreement.
Section 6. Engagement of Professional Services. The City hereby ratifies the engagement of The Weist Law Firm as Bond Counsel to the City in connection with the execution and delivery of the Bonds.
Section 7. Official Actions. All actions heretofore taken by the officers and agents of the City with respect to the execution and delivery of the Bonds are hereby approved, confirmed and Mt. Shasta City Council Regular Meeting July 8, 2024 34 4 ratified. The Authorized Representatives and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, including requisitions for the payment of costs of issuance of the Bonds, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate any of the transactions contemplated by the documents approved pursuant to this Resolution. Whenever in this Resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated and confirmed in a closing certificate by such officer to act on his or her behalf in the case such officer shall be absent or unavailable.
Section 8. Full Compliance. The City Council hereby finds and determines that it has taken all of the foregoing actions, and made all of the foregoing findings, in full compliance with the law, and that all prior proceedings taken with respect to the Project were duly considered, and are hereby considered valid and in conformity with the requirements of law.
Section 9. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.
The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Mount Shasta held on the 8th day of July, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
DATE: July 8, 2024 CITY OF MT. SHASTA
_____________________________________
John Stackfleth, Mayor
ATTEST
_________________________________
Kathryn Joyce, Deputy City Clerk
Mt. Shasta City Council Regular Meeting July 8, 2024 35 CITY OF MT. SHASTA
STAFF REPORT
TO: City Council
FROM: Jeff Mitchem, Planning Director
DATE: July 8, 2024
SUBJECT: Municipal Code Amendments Mt Shasta Municipal Code Chapters 5.50 and 18.21
DESCRIPTION
1) Consideration of an Ordinance (Attachment 1) amending Mt Shasta Municipal Code (MSMC) Chapter 5.50 to revise regulations governing Short-Term Rentals. 2) Consideration of an Ordinance (Attachment 2) amending MSMC Chapter 18 to revise the definition of Bed and Breakfasts.
RECOMMENDATION
Conduct a Public Hearing and introduce the attached draft Ordinances and waive their reading.
BACKGROUND/SUMMARY
Recommended revisions to the MSMC are:
MSMC Chapter 5.50
Section 5.50.040 (C) Registration Certificate Requirements. Addition the following in order to provide greater abatement authority for non-compliance:
Short-Term Rentals shall comply with all provisions of this Chapter prior to issuance of a permit to operate. Any STR not in operation or current with license and tax payments for a period of 6 months or more shall be subject to permit revocation at the discretion of the City Planner.
Section 5.50.040 Registration certificate requirements (G). Revision as follows in order to clarify submittal requirements for permit renewal:
Term and Scope of Certificate. A Short-Term Rental Permit issued under this chapter shall expire at the end of the fiscal year for which it is issued, unless revoked or suspended earlier. The permit authorizes the Operator to operate the Short-Term Rental only in accordance with the terms and conditions of the permit. Subject to the provisions of Section 5.50.050 herein, a permit will be renewed if prior to expiration the following is provided: updated application information including floor plan (if changes have occurred), new certifications (fire self-certification form) and acknowledgments required in Subsections F. 8 and F .10. above, and payment of the registration fee.
Mt. Shasta City Council Regular Meeting July 8, 2024 36 Renewal applications may be submitted commencing on July 1st of each year.
Renewals received after July 31st and the advertisement or operation of a Short-Term Rental for which a renewed permit has not been received shall constitute a violation of this chapter.
Section 5.50.040 (E) Registration Certificate Requirements. Deletion of the following because the legal non-conformity period has passed:
Notwithstanding any other provision of law, Short-Term Rentals that are in good standing as defined in subparagraph E above and are legally operating on or before the enactment of this ordinance shall be considered existing uses. Such Short-Term Rentals shall have a period of six (6) months after the effective date of this ordinance to conform to the requirements of this Chapter, including compliance with operating standards, registration, and recordkeeping obligations. Transient Occupancy Tax payments continue to be required at all times for Short-Term Rentals and must continue to be collected and paid during this period. Existing Short-Term Rental uses that do not conform to the requirements of this Chapter shall cease operation within twelve (12) months of the effective date of this ordinance and shall be prohibited from resuming unless and until the use conforms to the requirements of this Chapter.
MSMC Chapter 18
Sections 18.08.135 and 18.21.020 Definition of “Bed and Breakfast”. Revision of the definition to clarify regulations related to provision of breakfast meals. “Bed and breakfast” or “B and B” inns and facilities means the rental of rooms or space within a new or existing structure for the purpose of providing overnight accommodations for paying guests, with serving not more than one breakfast to be provided daily, with the entire service offered to be included in one stated price. No breakfasts may be served to persons who are not also renters, except for those persons who are nonpaying personal guests of the occupying owner/manager of the B and B inn or facility.
ENVIRONMENTAL REVIEW
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
ATTACHMENTS:
A. Short-Term Rental Ordinance
B. Definitions Ordinance
Mt. Shasta City Council Regular Meeting July 8, 2024 37 ORDINANCE CCO-24-XX
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MT SHASTA
AMENDING MUNICIPAL CODE SECTION 5.50.040,
SECTION 18.08.135 AND SECTION 18.21.020
WHEREAS, on February 13, 2023, the City Council adopted Ordinance CCO-23-01 regulating Short Term Rentals; and
WHEREAS, the new ordinance was implemented in March of 2023; and WHEREAS, the draft amendments were released to the public for review on the City’s website and published in the Mt Shasta Herald on June 26, 2024; and WHEREAS, on July 8, 2024, the City Council discussed amendments to the ShortTerm Rental Ordinance; and WHEREAS, during its review, the City Council considered the public record, including the staff report, findings, and any written materials and testimony presented by the public during the hearing; and
WHEREAS, to ensure public health and safety, the City Council does desire to enact the following regulations related to short term rentals.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Mt.
Shasta does amend the Mt. Shasta Municipal Code Section 5.50.040, Section 18.08.135 and Section 18.21.020 to read as follows:
MSMC Chapter 5.50
Section 5.50.040 (C) Registration Certificate Requirements. Addition the following in order to provide greater abatement authority for non-compliance:
Short-Term Rentals shall comply with all provisions of this Chapter prior to issuance of a permit to operate. Any STR not in operation or current with license and tax payments for a period of 6 months or more shall be subject to permit revocation at the discretion of the City Planner.
Section 5.50.040 (E) Registration Certificate Requirements. Deletion of the following because the legal non-conformity period has passed: Notwithstanding any other provision of law, Short-Term Rentals that are in good standing as defined in subparagraph E above and are legally operating on or before the enactment of this ordinance shall be considered existing uses. Such Short-Term Rentals shall have a period of six (6) months after the effective date of this ordinance to conform to the requirements of this Chapter, including compliance with operating standards, registration, and recordkeeping obligations. Transient Occupancy Tax payments continue to be required at all times for Short-Term Rentals and must continue to be collected and paid during this period. Existing Short-Term Rental uses that do not conform to the requirements of this Chapter Mt. Shasta City Council Regular Meeting July 8, 2024 38 shall cease operation within twelve (12) months of the effective date of this ordinance and shall be prohibited from resuming unless and until the use conforms to the requirements of this Chapter.
Section 5.50.040 Registration certificate requirements (G). Term and Scope of Certificate. A Short-Term Rental Permit issued under this chapter shall expire at the end of the fiscal year for which it is issued, unless revoked or suspended earlier.
The permit authorizes the Operator to operate the Short-Term Rental only in accordance with the terms and conditions of the permit. Subject to the provisions of Section 5.50.050 herein, a permit will be renewed if prior to expiration the following is provided: updated application information including floor plan (if changes have occurred), new certifications (fire self-certification form) and acknowledgments required in Subsections F. 8 and F .10. above, and payment of the registration fee. Renewal applications may be submitted commencing on July 1st of each year. Renewals received after July 31st and the advertisement or operation of a Short-Term Rental for which a renewed permit has not been received shall constitute a violation of this chapter.
MSMC Chapter 18
Sections 18.08.135 and 18.21.020 Definition of “Bed and Breakfast”. Revision of the definition to clarify regulations related to provision of breakfast meals. “Bed and breakfast” or “B and B” inns and facilities means the rental of rooms or space within a new or existing structure for the purpose of providing overnight accommodations for paying guests, with serving not more than one breakfast to be provided daily, with the entire service offered to be included in one stated price. No breakfasts may be served to persons who are not also renters, except for those persons who are nonpaying personal guests of the occupying owner/manager of the B and B inn or facility.
The foregoing Ordinance was adopted at the regular meeting of the City Council of Mt Shasta held on this 22nd day of July 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED:
ATTEST: CITY OF MT SHASTA
Kathryn M Joyce, Deputy City Clerk John Stackfleth, Mayor Mt. Shasta City Council Regular Meeting July 8, 2024 39 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 ___ day of ____, 2024, and was adopted at a regular meeting of said Council on the ___ day of ____, 2024.
Kathryn M Joyce, Deputy City Clerk
Mt. Shasta City Council Regular Meeting July 8, 2024 40 City Council Agenda Item #9
Staff Report
Meeting Date: 7/08/2024
To: Mayor and City Council
From: Todd Juhasz, City Manager
Subject: Discussion regarding a Drainage Impact Fee ballot measure Recommended Action: Staff to take direction from Council on whether to place a limited Drainage Impact Fee on the ballot.
Background:
At the June 24th Council meeting a proposal to raise monthly stormwater rates to $5 for single family residents (SFR) and $7 for non-single-family residents (NFSR) was discussed.
Staff used Raftelis’ Stormwater Rate Study to determine the revenue that such an increase would net. In the study, it was noted that there are currently 2028 water accounts. Of those, 1206 are for SFR leaving 822 NSFR remaining. Based on the proposed $5/$7 increase, the rates would yield an annual total of $141,408.
The Raftelis report states that the City spends about $40,000 annually on stormwater system maintenance. This maintenance includes mowing and cleaning ditches, flushing culverts and storm drain lines, and opening the occasional plugged line. The proposed rate increase would allow the City to spend $100,000 a year to start addressing items on the Public Works “to-do” list comprised of limited replacement of rusted out culverts, replacement of damaged or undersized culverts and repairs to sections of sunken curb & gutter or misaligned drain inlets. This level of funding will not be a large enough of an increase to start building a significant reserve, but it will help prevent further decline and deterioration of the existing stormwater collection system.
X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting July 8, 2024 41 City Council Agenda Item #10
Staff Report
Meeting Date: 7/08/2024
To: Mayor and City Council
From: Todd Juhasz, City Manager
Subject: The Landing: Proposed Land Uses
Recommended Action: Staff will present Pinsonneault Holdings conceptual land uses for the Landing and Council will provide commentary.
Background:
At the Council meeting on May 24th, 2024, a Letter of Intent (LOI) to develop the Landing was approved. Under the conditions set forth in the LOI, the developer, Pinsonneault Holdings, has one year to work with the City to prepare an approved development plan and purchase agreement. So the City can support the developer while they seek financing, Pinsonneault Holdings is seeking Council approval on the conceptual plan for the development of the Landing. The conceptual plan, prepared by Sharrah, Dunlap, and Sawyer, is illustrative of the approximate locations for each type of use, as has been discussed at Council. When reviewing the concept plan, it is important to note that it was prepared without the review of land use covenants, engineering drawings, topography, compaction studies, and others, let alone CEQA review. It also does not reflect any of the work that is being performed by the EPA team on developing park space and other public uses for which the City will be seeking an EPA Climate Resiliency Grant.
The intent of the drawing is to simply show the types of land uses and approximate locations for these uses to inform Council of the developer’s thinking. Pinsonneault Holdings is aware that before a more detailed plan for development will be approved, it will require input from the community, from Council, and from the Planning Commission.
X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting July 8, 2024 42
ROSEBURG COMMERCE PARK
CITY OF MOUNT SHASTA
June 2024
Siskiyou County APNs: 067-010-010, 067-010-020, & 067-010-140 PREPARED FOR:
Pinsonneault holdings, LLC
PREPARED BY:
JOB # 24.0143
I Highway & Visitor Commercial / Office / Residential / Multi-Family / Mixed-Use II Light Commercial / Office / Multi-Family
III Light Industrial / Multi-Family
IV Mixed-Use / Hotel / Short term RV / Amphitheatre
V Residential
VI Open Space / Recreation
VII Open Space / Park / Recreation
I
I
I
II
III
IV
V
VI
VII
S. MOUNT SHASTA BLVD.
INTERSTATE 5
SOUTHRN PACIFIC R.R. LOVETA LN.
MOUNTAIN VIEW DR.
BEAR SPRINGS RD.
II
Mt. Shasta City Council Regular Meeting July 8, 2024 43