“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, September 9, 2024, 5:30 p.m.
Mt. Shasta City Park Upper Lodge, 1315 Nixon Rd. Mt. Shasta, CA The meeting can also be viewed 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.
CIty Council Regular Meeting Agenda September 9, 2024 1 Mt. Shasta Regular City Council Meeting Agenda
Monday, September 9, 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: August 12, 2024 and August 26, 2024 b. Approval of Disbursements: Accounts Payable: 8/26/2024 Total Gross Payroll and Taxes: For Period Ending 8/18/2024
c. Acceptance of Resolution for the Treasury Management Services through Tri Counties Bank changing authority from Finance Director Terrell to Finance Director Dodd
d. Police Department Monthly Report August 2024
e. Conflict of Interest Code Review 2024
Background: City Council will discuss joining a Joint Powers Authority with the other cities in Siskiyou County to create a public agency to exercise the common power of directing and coordinating actions relating to transportation in Siskiyou County.
Report By: Todd Juhasz, City Manager
Recommended Council Action: Join the new Joint Powers Authority for the management of STAGE bus service.
Background: On August 26, the City Council heard the first reading of this proposed Ordinance. At that time, it was approved with amendments. Any substantive changes to a proposed Ordinance trigger a new first reading. This item is coming back to Council for a new first reading.
Report By: Todd Juhasz, City Manager and Walter Moore, Acting Chief of Police Recommended Council Action: Staff respectfully requests the City Council approve the first reading of Ordinance CCO-24-XX, adding Chapter 7.80 to the Mt. Shasta Municipal Code, by title only, and moving it to a second reading and adoption.
18.21 Background: On August 12th, the City Council heard the first reading of this proposed Ordinance. At that time, it was moved to a second reading and adoption with amendments. Any substantive changes to a proposed Ordinance trigger a new first reading. This item is coming back to Council for a new first reading and will be brought back for a second reading and adoption at a subsequent meeting.
Report By: Jeff Mitchem, Planning Director
Recommended Council Action: Staff respectfully requests the City Council approve the first reading of Ordinance CCO-24-XX, Amendments to the Mt Shasta Municipal Code Chapters 5.50, 18.08 and 18.21, by title only, and moving it to a second reading and adoption.
CITY COUNCIL/STAFF REPORTING PERIOD
11. Reports on Outside Meetings
CIty Council Regular Meeting Agenda September 9, 2024 2 4-36
37-52
53-62
63-69
Mt. Shasta Regular City Council Meeting Agenda
Monday, September 9, 2024
12. Future Agenda Items and Meetings (Appearing on the agenda within 60-90 days):
a. First Reading of Ordinance for Snow Removal in the Downtown – 9/23/2024 b. Objective Design Standards Presentation/Discussion – 10/28/2024 c. Beautification Committee Presentation to Council – TBD d. Approval of Funds to Complete a Survey of Washington Avenue – TBD e. Amendment of Parklet Ordinance – TBD
f. Discussion and Possible Action: Rental, Lease, or Purchase of Lot Located at the northwest corner of Alma and N. Mt. Shasta Blvd – TBD
g. Discussion and Possible Action: Expansion of the Downtown Parking District Borders - TBD h. Discussion and Possible Action: Amendment to Sidewalk Ordinance – TBD Future Agenda Items Over 90 Days:
i. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
14. Adjourn
I, Kathryn Joyce, declare under penalty of perjury that this agenda has been posted at least 72 hours in advance at the Mt.
Shasta City Hall, 305 N. Mt. Shasta Blvd, Mt. Shasta, CA, in the glass case and on the City website at www.mtshastaca.gov.
Agendas and packets shall be made available at least 72 hours in advance of regular meetings and 24 hours in advance of special meetings on the City’s web site. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting shall be made available on the City’s web site www.mtshastaca.gov.
Availability of Public Records: All public records related to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at City Hall located at 305 North Mt. Shasta Blvd.
The City of Mt. Shasta does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or provision of services. In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at 530-326-7516 or [email protected] as soon as possible.
Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.
CIty Council Regular Meeting Agenda September 9, 2024 3 Mt. Shasta City Council Regular Meeting DRAFT Minutes
Monday, August 12, 2024; 5:30 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 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, Clure, Stearns Council Members Absent: Redmond
3. Special Presentation: Chamber of Commerce
Josh Thomas – Review of marketing proposal.
Clarifying questions from Council
Billy Jean Sanders – Presentation of marketing plan.
Clarifying questions from Council.
4. Public Comment:
David Ream – Comments regarding politics and politicians, tourism. Comments regarding the Chamber of Commerce and Visitor’s Bureau.
Linda Cabitto – Comments expressing concern about recycling and garbage cleanup.
Daisy – Spoke about a marketing proposal and incorporation of social media and YouTube.
Clarifying questions from Council.
5. Council and Staff Comments:
Todd Juhasz, City Manager – Comments regarding appraisal of The Landing property, active transportation grant, award for plan for Lake Street design, One Shasta LLC well site, Brownell properties.
Clarifying questions from Council.
Robert Gibson, Chief of Police – Comments regarding K-9 Artie’s medical emergency. Review of officers serving on various fires, attendance at the National Command Conference. Introduction of new dispatcher.
6. Committee Updates:
a) Downtown Enhancement Advisory Committee
b) Library Tax Advisory Committee
c) Beautification Committee
d) Active Transportation Committee
Todd Juhasz, City Manager – Library Expansion Ad Hoc Committee update.
John Stackfleth, Mayor – Comments about Library Expansion Committee activities.
CITY COUNCIL BUSINESS
CIty Council Regular Meeting Agenda September 9, 2024 4 City of Mt. Shasta Regular City Council Meeting Minutes Monday, August 12, 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: July 22, 2024 Regular Meeting and July 29, 2024 Special Meeting b. Approval of Disbursements: Accounts Payable: 7/22 and 7/23/2024; Total Gross Payroll and Taxes: For Period Ending 7/21/2024
c. Adoption of Resolution CCR-24-25, Claiming the City’s Apportionment of Local Transportation Funds
COUNCIL ACTION: Approve items a-c
MOTION TO APPROVE: Clure
SECOND: Collings
AYES: Stackfleth, Collings, Stearns, Clure
NOES: None
ABSENT: Redmond
ABSTAIN: None
8. Public Hearing: Pine Street Project Closeout
Muriel Terrell, Finance Director – Review of item, required public hearing.
Public Hearing Open: 6:22 p.m.
Clarifying questions from Council.
Public Hearing Closed: 6:25 p.m.
COUNCIL ACTION: Adopt Resolution CCR-24-26 approving the closeout of the CDBG Pine Street Project for the 20-CDBG-12093 Grant.
MOTION: Stearns
SECOND: Clure
AYES: Clure, Collings, Stearns, Stackfleth
NOES: None
ABSENT: Redmond
ABSTAIN: None
9. Public Hearing: Recommended Findings of CEQA Exemption and Amendment of 2023-2031 Housing Element Update
Jeff Mitchem, Planning Director – Review of staff report, previous Housing Element approval, changes required by Housing and Community Development (HCD), amended Housing Element and required public hearing.
Clarifying questions from Council.
Public Hearing Open: 6:31 p.m.
Public Hearing Closed: 6:31 p.m.
COUNCIL ACTION: Approve CCR-24-27.
MOTION: Stearns
SECOND: Clure
AYES: Clure, Collings, Stearns, Stackfleth
NOES: None
ABSENT: Redmond
ABSTAIN: None
CIty Council Regular Meeting Agenda September 9, 2024 5 City of Mt. Shasta Regular City Council Meeting Minutes Monday, August 12, 2024
10. Public Hearing: Amendments to the Mt Shasta Municipal Code Chapters 5.50 and 18.21 Jeff Mitchem, Planning Director – Review of proposed amendments to the Municipal Code.
Clarifying questions from Council.
Public Hearing Open: 6:42 p.m.
Public Hearing Closed: 6:42 p.m.
Council discussion regarding amendments to the proposed Ordinance.
COUNCIL ACTION: Approve the proposed Ordinance with amendments for a first reading of the Ordinance, by title only, as amended.
MOTION: Stearns
SECOND: Clure
AYES: Clure, Collings, Stearns, Stackfleth
NOES: None
ABSENT: Redmond
ABSTAIN: None
11. Professional Services Proposal – Kosmont Companies
Todd Juhasz, City Manager – Review of staff report, professional services proposal.
COUNCIL ACTION: Authorize staff to enter into a professional services agreement with Blair, Church, and Flynn MOTION: Stearns
SECOND: Clure
AYES: Clure, Collings, Stearns, Stackfleth
NOES: None
ABSENT: Redmond
ABSTAIN: None
12. Reports on Outside Meetings: Mayor Stackfleth provided an update on the Colliers Interpretive and Information Center.
13. Future Agenda Items (Appearing on the agenda within 60-90 days):
COUNCIL ACTION: Reviewed items a through k. Added items: Brownell parcels lease a. Second Reading of Ordinance Municipal Code Amendments Mt Shasta Municipal Code Chapters 5.50 and 18.21 – 8/26/2024
b. Beautification Committee Presentation to Council – TBD c. Approval of Funds to Complete a Survey of Washington Avenue – TBD d. Amendment of Parklet Ordinance – TBD
e. Graffiti Ordinance – TBD
f. Discussion and Possible Action: Rental, Lease, or Purchase of Lot Located at the northwest corner of Alma and N. Mt. Shasta Blvd – TBD
g. Discussion and Possible Action: Expansion of the Downtown Parking District Borders - TBD h. Discussion and Possible Action: Amendment to Sidewalk Ordinance – TBD i. Discussion and Possible Action: Snow Removal Operations – TBD Future Agenda Items Over 90 Days:
j. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
k. Objective Design Standards Presentation/Discussion
CIty Council Regular Meeting Agenda September 9, 2024 6 City of Mt. Shasta Regular City Council Meeting Minutes Monday, August 12, 2024
14. Adjourn: There being no further business, the meeting was adjourned at 6:55 p.m.
Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk CIty Council Regular Meeting Agenda September 9, 2024 7 Mt. Shasta City Council Regular Meeting DRAFT Minutes
Monday, August 26, 2024; 5:30 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 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 Council Members Absent: Clure
3. Special Presentation: None
4. Public Comment: None
5. Council and Staff Comments:
Todd Juhasz, City Manager – Comments regarding negotiations with the Humane Society and ongoing negotiations with One Shasta LLC for the well site. Update on the Enhanced Infrastructure Financing District and Public Finance Authority. Update on downtown ad hoc committee activities. Review of current status of the old hospital cleanup. Comments regarding availability of County funds and City request. Informed Council of the Deputy City Clerk’s departure from the City.
Clarifying questions from Council.
Robert Gibson, Chief of Police – Update on K-9 Artie’s medical condition; thank you to the public for donations for his care. Informed Council that Sergeant Walter Moore will be acting Chief while he is out.
John Stackfleth, Mayor – Review of ad hoc committee activities.
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
CIty Council Regular Meeting Agenda September 9, 2024 8 City of Mt. Shasta Regular City Council Meeting Minutes Monday, August 26, 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 Disbursements: Accounts Payable: Total Gross Payroll and Taxes: For Period Ending b. Monthly Investment and Revenue Report for the payroll period ending on June 30, 2024 c. Police Department Monthly Report July 2024
d. 2nd Reading w/Amendments, Short-Term Rental Ordinance e. Proposition 172 Maintenance of Effort 2021-2022
COUNCIL ACTION: Approve items a-e
MOTION TO APPROVE: Stearns
SECOND: Collings
AYES: Stackfleth, Collings, Stearns
NOES: None
ABSENT: Clure
ABSTAIN: Redmond (Abstained due to absence from previous City Council meeting)
8. First Reading of CCO-24-XX, Graffiti Ordinance
Robert Gibson, Chief of Police – Review of staff report, development of Ordinance. Review of Ordinance contents and enforcement. Review of recommended amendments.
Todd Juhasz, City Manager – Comments regarding murals and branding covered under sign code.
Clarifying questions and comments from Council.
COUNCIL ACTION: Move the reading of the Ordinance to the second reading, adding chapter 7.80, prevention and removal of graffiti to the Mount Shasta Municipal Code with Amendments.
MOTION: Stearns
SECOND: Redmond
AYES: Redmond, Collings, Stearns, Stackfleth
NOES: None
ABSENT: Clure
ABSTAIN: None
9. JPA with the County in Support of STAGE Public Transit Todd Juhasz, City Manager – Review of item, STAGE service and formation of a Joint Powers Authority (JPA) to be inclusive of entire County.
Clarifying comments from Council and questions.
Discussion.
COUNCIL ACTION: Continue the item to the next meeting with the request that Melissa Cummins attend to speak on the item.
MOTION: Stearns
SECOND: Redmond
AYES: Redmond, Collings, Stearns, Stackfleth
NOES: None
ABSENT: Clure
ABSTAIN: None
CIty Council Regular Meeting Agenda September 9, 2024 9 City of Mt. Shasta Regular City Council Meeting Minutes Monday, August 26, 2024
10. Discussion of Social Media Consultants to Support Tourism Todd Juhasz, City Manager – Review of item, social media proposals, Chamber Board comments. Review of previous contractor, Josh Thomas.
Josh Thomas – Comments regarding presented proposal.
Clarifying questions, discussion regarding proposal.
Council discussion.
COUNCIL ACTION: Direct to staff to bring back revised proposals stressing ad-buys and giving the other parties an opportunity to revise their proposals. City Manager to contact parties regarding refined proposals.
MOTION: Stackfleth
SECOND: Stearns
AYES: Redmond, Collings, Stearns, Stackfleth
NOES: None
ABSENT: Clure
ABSTAIN: None
11. Possible Continuation of the Sub-Lease for the Two Unpaved Parcels at 415 N. Chestnut Todd Juhasz, City Manager – Review of item, possible future one-way couplet and daylighting project. Comments about environmental studies completed on parcels, water samples taken and waiting on results.
Recommendation to continue lease on unpaved parcels.
Clarifying questions from Council.
David Ream – Comments in support of buying the parcels as opposed to continuing the lease.
Council discussion.
COUNCIL ACTION: City to extend the lease for an additional six months at the rate of $900 per month.
MOTION: Stearns
SECOND: Redmond
AYES: Redmond, Collings, Stearns, Stackfleth
NOES: None
ABSENT: Clure
ABSTAIN: None
12. Reports on Outside Meetings:
CIty Council Regular Meeting Agenda September 9, 2024 10 City of Mt. Shasta Regular City Council Meeting Minutes Monday, August 26, 2024
13. Future Agenda Items (Appearing on the agenda within 60-90 days):
COUNCIL ACTION: Reviewed items a through i.
a. Beautification Committee Presentation to Council – TBD b. Approval of Funds to Complete a Survey of Washington Avenue – TBD c. Amendment of Parklet Ordinance – TBD
d. Discussion and Possible Action: Rental, Lease, or Purchase of Lot Located at the northwest corner of Alma and N. Mt. Shasta Blvd – TBD
e. Discussion and Possible Action: Expansion of the Downtown Parking District Borders - TBD f. Discussion and Possible Action: Amendment to Sidewalk Ordinance – TBD g. Discussion and Possible Action: Snow Removal Operations – TBD Future Agenda Items Over 90 Days:
h. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
i. Objective Design Standards Presentation/Discussion
14. Adjourn: There being no further business, the meeting was adjourned at 7:11 p.m.
Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk CIty Council Regular Meeting Agenda September 9, 2024 11 City Council Agenda Item #7b
Staff Report
Meeting Date: September 9, 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 $251,597.05.
Background & Summary:
Approval of Check Numbers 52747-52767 $ 89,577.45
Total Payroll Distribution $ 92,661.34
Total EFTPS – CalPERS, Nationwide, child support $ 28,198.02 Total Payroll EFTPS Taxes $ 41,160.24
$ 251,597.05
Financial Impact:
Expenditures are consistent with the Budget that the City Council has adopted.
Attachments:
1.) Check Registers – 8/26/24
2.) ACH Payroll Distribution – 8/22/24
3.) EFTPS Reports – Payroll/CalPERS 8/22/24
Regular
x Consent
Closed
Presentation
CIty Council Regular Meeting Agenda September 9, 2024 12 CIty Council Regular Meeting Agenda September 9, 2024 13 CIty Council Regular Meeting Agenda September 9, 2024 14 CIty Council Regular Meeting Agenda September 9, 2024 15 CIty Council Regular Meeting Agenda September 9, 2024 16 CIty Council Regular Meeting Agenda September 9, 2024 17 CIty Council Regular Meeting Agenda September 9, 2024 18 CIty Council Regular Meeting Agenda September 9, 2024 19 CITY COUNCIL AGENDA ITEM NO. 7c
Date: September 9, 2024
To: Mayor and City Council
From: Muriel A. Howarth Terrell, CPA, Director of Finance Subject: Acceptance of Resolution for the Treasury Management Services through Tri Counties Bank changing authority from Finance Director Terrell to Finance Director Dodd
RECOMMENDATION:
Staff respectfully requests that the City Council accept Tri Counties Bank Resolution Establishing Change in Authority for the Tri Counties Bank to Malisa Dodd.
BACKGROUND & SUMMARY:
In July 2024, the City hired a new Finance Director, Malisa Dodd, and for the new Director to have banking authority, Tri Counties Bank requires a new maintenance form and a council resolution to authorize this change.
Attached hereto are the required forms from Tri Counties Bank that will implement the change with required signatures from authorized council members and staff.
CIty Council Regular Meeting Agenda September 9, 2024 20 CIty Council Regular Meeting Agenda September 9, 2024 21 CIty Council Regular Meeting Agenda September 9, 2024 22 CIty Council Regular Meeting Agenda September 9, 2024 23 Department Statistics
Calls for Service August 2023 August 2024 Change
730 808 +10.68%
Cases Taken August 2023 August 2024 Change
48 66 +37.5%
Arrests Made August 2023 August 2024 Change
22 31 +40.90%
730 740
851 745 669 721 640 744 825
956 941 973
808
0 200
400
600
800
1000
1200
Calls for Service
Calls for Service
48 45 48 46
34 39 34
66 36
49 45
58 66
0 20
40 60
80 Cases Taken
Cases Taken
22 20 20 20
13 19 16 17 18 21 21 19
31 0
10 20
30 40
Arrests Made
Arrests Made
CIty Council Regular Meeting Agenda September 9, 2024 24 Warrant Arrests August 2023 August 2024 Change
6 10 +66.66%
Top 5 Calls
August 2023 August 2024
Public Assist 31 Trespass 38
Trespassing 28 Medical 29
Alarm 21 Animal Complaint 18
Suspicious Circumstances 21 Check Welfare- Person 18
415- Disturbing the Peace 19 Out w/a Vehicle 18
6 1
8 4 4
6 3
7 11
7 8
7 10
0 2
4 6
8 10
12 Warrant Arrests
Warrant Arrests
0 5 10 15 20 25 30
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
7/1/2024
8/1/2024
Yearly Top 5 Calls August 2023-2024
Animal Complaint Disturbing the Peace Suspicious Circumstances Suspicious Vehicle Suspicious Person CIty Council Regular Meeting Agenda September 9, 2024 25 Crime Statistics
Crimes
August
2023
August
2024 Change August 2023- August2024 Yearly Total
Assault – Physical 6 2 -66.66% 43
Assault – Verbal 0 0 0 1
Disturbing the Peace 19 15 -21.05% 192
Domestic Disturbance 2 1 -50% 13
Domestic Violence 0 4 +400% 15
Fraud 2 0 -100% 11
Public Intoxication 2 4 +100% 34
Stolen Vehicle 0 0 0 8
TC Hit & Run 0 2 +100% 15
Theft from Vehicle 0 0 0 3
Theft – Grand 0 2 +100% 8
Theft – Petty 5 3 -40% 62
Theft – Shoplifting 0 0 0 0
Trespassing 28 38 +35.71% 272
Vandalism 4 0 -400% 49
6 6
2 1
3 2
7 1
4 2 3 42
0 5
10 Assault - Physical
Assault - Physical
0 0
1 0 0 0 0 0 0 0 0 0 0 0
0.5 1
1.5 Assault - Verbal
Assault - Verbal
19 12 16 19
5 13 17
7 11 15 18
25 15
0 10
20 30
Disturbing the Peace
Disturbing the Peace
CIty Council Regular Meeting Agenda September 9, 2024 26 2 1 0 0 0 0 0 1 0
7 0 1 1 0
5 10
Domestic Disturbance
Domestic Disturbance
0 0 0
2 1
0 1
3 1 1 1 1
4 0
2 4
6 Domestic Violence
Domestic Violence
2 1
4 0 0
1 1
0 0 0
1 1 0 0
2 4
6 Fraud
Fraud
2 4
2 1
2 1
3 4
2 4
1 4 4
0 2
4 6
Public Intoxication
Public Intoxication
0 2
0 0
1 2
0 0
1 0 0
2 0 0
1 2
3 Stolen Vehicles
Stolen Vehicles
CIty Council Regular Meeting Agenda September 9, 2024 27 0 0
1 2
3 1
2 2
1 0
1 0
2 0
2 4
Traffic Collisions - Hit & Run
Traffic Collisions - Hit & Run
0 0
2 0
1 0 0 0 0 0 0 0 0 0
1 2
3 Theft from Vehicle
Theft from Vehicle
0 0 0 0 0 0
2 0 0
1 1
2 2
0 1
2 3
Theft - Grand
Theft - Grand
5 6
1 7
4 3 2
8 2
5 10
6 3
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
CIty Council Regular Meeting Agenda September 9, 2024 28 28 30
19 17 19 17 20 18
6 9
17 34 38
0 20
40 Trespassing
Trespassing
4 6
55 22
7 2
3 5
7 1
0 0
5 10
Vandalism
Vandalism
CIty Council Regular Meeting Agenda September 9, 2024 29 Traffic Summary
August 2023 August 2024 Change
Traffic Stops 77 121 +57.14%
Traffic Citations Issued 6 27 +350%
Traffic Collisions
August
2023
August
2024
Change August 2023- August
2024 Yearly Total
TC – DUI 0 0 0% 1
TC – Hit & Run 0 2 +200% 15
TC – Info Exchange 4 3 -25% 54
TC - Injury 2 0 -200% 12
Total 6 5 -16.66% 82
77 65
97 101 99 99 109
171
203
152 134
114 121
6 13 5 11 8 8 10 17 19 25 26 20 27
0 50
100
150
200
250
Traffic Stops
11-95 Traffic Citations Issued
0 0 0 0 0 0 0 0 0
1 0 0 0 0 0
1 2
3 1
2 2
1 0
1 0
2 6
7 8
0 3
4 1 1
2 7
8 4
3 2
1 1
0 0
1 2
0 0
2 1
2 0 0
1 2
3 4
5 6
7 8
9 Traffic Collisions
TC - DUI Hit & Run TC - Info Exchange TC - Injury
CIty Council Regular Meeting Agenda September 9, 2024 30 Traffic Accident Location Summary
08/02/2024 TC Information Exchange 1630 S Mt Shasta Blvd- Negative Injuries, Log Information Only.
08/09/2024 TC Information Exchange 300 W Lake St- Negative Injuries, Property Damage Only. 08/19/2024 TC Information Exchange 1004 S Mt Shasta Blvd- Negative Injuries, Damage to Light Pole.
08/21/2024 TC Hit and Run 160 Morgan Wy- Negative Injuries, Log Information Only. 08/22/2024 TC Hit and Run 1315 Nixon Rd- Negative Injuries, Case Taken.
DUI Summary
August 2023 August 2024 Change
DUI Complaints NA NA NA
DUI Arrests 4 7 +75%
* DUI Complaints no longer tracked in new CAD system as of 11/01/2022. 4 4 4
5 3
4 0
2 3
2 2
0 0
7 0
2 4
6 8
DUI Summary
DUI Complaints DUI Arrests
CIty Council Regular Meeting Agenda September 9, 2024 31 Patrol Information
Foot Patrol
August 2023 August 2024 Change August 2023- August
2024 Yearly Total
6 28 +366.66% 327
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.
6 28
18 20 22 27 22 16 23
53 33 31 28
0 20
40 60
Foot Patrol
Foot Patrol
CIty Council Regular Meeting Agenda September 9, 2024 32 Municipal Summary
Municipal Calls for Service
August 2023 August 2024 August 2023- August
2024 Yearly Total
Muni Code – Other 11 8 110
Muni Code - Parking 10 10 143
Total 21 28 253
LiveScans August 2023 August 2024
32 13
Court Activity
11 2
10 6
2 4
11 11
15 3
7 20
8 10
27 7 5 3 5
11 5
11 17 15 17
10 0
5 10
15 20
25 30
Municipal Calls for Service
Muni Code - Other Muni Code - Parking
2 3
8 2 2 4
1 1
5 5
0 2 3
0 10
Court Activity
Court Activity
CIty Council Regular Meeting Agenda September 9, 2024 33 Social Media
Facebook
Followers Posts Reach Engaged Users Reactions
12,576 17 112,708 27,210 3503
Twitter
Followers Tweets Impressions Mentions
400 0 0 0
Instagram
Followers Posts Likes
2147 11 361
Nextdoor
Posts Impressions Reactions
0 0 0
CIty Council Regular Meeting Agenda September 9, 2024 34 City Council Agenda Item # 7e
Staff Report
Meeting Date: September 9, 2024
To: Mayor and City Council
From: Kathy Joyce, Deputy City Clerk
Subject: Conflict of Interest Code Review 2024
Recommendation:
Staff respectfully requests the City Council receive the biennial report regarding the City’s Conflict of Interest Code.
Background & Summary:
California Government Code section 87306.5 requires that every local agency which has adopted a Conflict of Interest Code review and, if necessary, revise its Conflict of Interest Code each even-numbered year. The City of Mt. Shasta has adopted a Conflict of Interest Code which incorporates by reference the Fair Political Practices Commission’s (“FPPC”) model. The City is required to review and, if necessary, to revise its list of “Designated Employees” (those required to file statements of economic interest, Form 700) and its list of “Disclosure Categories” (the economic interests which must be disclosed on the Form 700) for the year 2022. The following are positions required by FPPC to file Form 700: City Councilmembers, Mayor, Planning Commissioners, City Manager, City Attorney, Finance Director, and City Treasurer. In addition to these positions, under the Political Reform Act (PRA) all local public officials, who foreseeably may materially affect their own economic interests through their decisions or participation in decisions in their official capacity, must disclose their economic interest by completing and filing (with the Deputy City Clerk) a Form 700. For the City of Mt.
Shasta, those included are all members of the Library Tax Advisory Committee, the City Clerk, Finance Director, Public Works Director, Police Chief, Fire Chief, City Planner, Building Inspector, City Engineer, and contract IT employee.
The City of Mt. Shasta reviewed and updated its Conflict of Interest Code in 2016 and has reviewed it every even year since. There have been no substantial changes to the City’s organizational structure, no positions have been eliminated or added, and there have been no substantial changes in duties or responsibilities for any positions since the code was last approved. Due to these factors, staff recommends no changes to the Conflict of Interest Code for 2024, with the concurrence of the City Attorney.
Regular
x Consent
Closed
Presentation
CIty Council Regular Meeting Agenda September 9, 2024 35 www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
2024 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Other (describe)
The code is currently under review by the code reviewing body. No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
CIty Council Regular Meeting Agenda September 9, 2024 36 City Council Agenda Item # 8
Staff Report
Meeting Date: 9/9/2024
To: Mayor and City Council
From: Todd Juhasz, City Manager
Subject: STAGE Joint Powers Authority
Recommended Action: Join the new Joint Powers Authority for the management of STAGE bus service.
Background:
Currently the Board of Supervisors along with members of the Local Transportation Commission (LTC) serve as the Board of Directors for the provision of STAGE bus service. Seven of nine cities receive services as required by California State Law under the Transportation Development Act (TDA). As stated in the resolution, the intent behind the creation of the JPA is to “create a public agency to direct and coordinate actions related to transportation in Siskiyou County and the City of Yreka, the City of Dorris, the City of Dunsmuir, the City of Etna, the Town of Ft Jones, the City of Montague, Mt Shasta, the City of Tulelake, the City of Weed, and the LTC.” Under the JPA, services provided to cities will remain the same and the costs will remain consistent. JPA administrative and other staff will still consist of County employees. The intent of the JPA is to allow individual cities to have more say in the provision of bus services.
X Regular
Consent
Closed
Presentation
CIty Council Regular Meeting Agenda September 9, 2024 37 1 SISKIYOU TRANSPORTATION AGENCY
Joint Powers Agreement
This Agreement is made and entered into this ______ day of September, 2024, by and among the COUNTY OF SISKIYOU, and the CITY OF YREKA, CITY OF DORRIS, CITY OF DUNSMUIR, CITY OF ETNA, TOWN OF FORT JONES, CITY OF MONTAGUE, CITY OF MT. SHASTA, CITY OF TULELAKE, CITY OF WEED, and the SISKIYOU COUNTY LOCAL TRANSPORTATION COMMISSION, herein referred to as “MEMBERS” or “MEMBER”.
RECITALS
WHEREAS, pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the California Government Code Section 6500 et seq., two or more public agencies may, by agreement, form a Joint Powers Agency to exercise those powers and functions that are common to the contracting parties; and
WHEREAS, under California law, each MEMBER is responsible for providing transportation in compliance with the Transportation Development Act; and WHEREAS, it is the desire of the MEMBERS to create a public agency that will perform the functions set forth in the Transportation Development Act, NOW, THEREFORE, the MEMBERS agree as follows:
ARTICLE 1
DEFINITIONS
1.1. “Agreement” shall mean this Joint Exercise of Powers Agreement, as the name now exists or as it may from time to time be amended by any supplemental agreement entered into pursuant to the provisions hereof.
1.2. “Agency” shall mean the Siskiyou Transportation Agency, a Joint Powers Agency hereby established and created by the Agreement.
1.3. “Board of Directors” or “Board” shall mean the governing body of the Agency.
1.4. “Fiscal Year” shall mean that period of twelve months commencing on July first of any year.
1.5. “Government Code” shall mean the California Government Code.
1.6. “Joint Powers Law” or “Act” shall mean Article I, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code.
CIty Council Regular Meeting Agenda September 9, 2024 38 2 1.7. “MEMBER” or “MEMBERS” shall mean any entity which has executed this Agreement and become a member of the Agency.
ARTICLE 2
CREATION AND PURPOSE OF THE AGENCY
2.1. Creation of Public Agency. Pursuant to this act, there is hereby created a public agency to be known as the “Siskiyou Transportation Agency” hereinafter referred to as the “Agency.” The Agency is formed by this Agreement pursuant to the provisions of Article 1, Chapter 5, Division 7, Title I (commencing with Section 6500) of the Government Code; two or more public agencies may, by agreement, form a Joint Powers Agency to exercise those powers and functions that are common to the contracting parties. It is the intent of the MEMBERS that the Agency shall be a public agency separate and apart from any MEMBER.
2.2. Purpose. The purpose of the Agreement is to create a public agency to exercise the common power of directing and coordinating actions relating to transportation in Siskiyou County and the City of Yreka, City of Dorris, City of Dunsmuir, City of Etna, Town of Fort Jones, City of Montague, City of Mt Shasta, City of Tulelake, City of Weed, and the County of Siskiyou and the Siskiyou County Local Transportation Commission.
ARTICLE 3
LIMITATION AND LIABILITY
3.1. To the extent permitted under State law, and specifically pursuant to the provisions of Government Code Section 6508.1, the debts, liabilities, and obligations of the Agency shall be its own and shall not constitute debts, liabilities, and obligations of any of the MEMBERS.
ARTICLE 4
POWERS OF THE AGENCY
4.1. The Agency shall have all of the powers common to the MEMBERS and all additional powers set forth in the joint powers of law of the State of California and is hereby expressly authorized to perform all acts necessary for the exercise of said powers. Such powers include, but are not limited to, the following:
a) To supervise and oversee the performance of transportation service operations; b) To make and enter into contracts and expend revenues, leases and other agreements, including contracts with federal, state, and other governmental agencies;
CIty Council Regular Meeting Agenda September 9, 2024 39 3 c) To act on behalf of the MEMBERS to specify the level of service to be provided, the operating plan to implement the service, how the service is to be coordinated with the public transportation within the respective areas, and to act as claimant as defined in the Transportation Development Act;
d) To acquire, accept, and utilize sufficient revenues to retire debt and to fulfill the financial obligations of the Agency from any source including Transportation Development Act funds, State Transit Assistance Funds, Federal Transportation Act funds, and state or federal grants;
e) To incur debts, liabilities, and obligations, which do not constitute a debt, liability, or obligation of the MEMBERS;
f) To employ agents, employees, consultants, advisors, independent contractors, and other staff;
g) To acquire, hold, or dispose of property by eminent domain, lease, lease purchase, or sale;
h) To acquire, construct, manage, maintain, and operate any buildings, works, or improvements;
i) To sue and be sued in its own name, except that the Agency shall not sue its own Board of Directors;
j) To invest, in accordance with the provisions of Section 6509.5 of the Government Code, money in the treasury of the Agency that is not required for immediate necessities of the Agency;
k) To raise transportation fare revenues or adjust fares for transit services; l) To pay expenses reasonably and necessarily incurred in the conduct of business, including travel expenses to attend meetings and conferences relating to the business of the Board to the extent budgeted; and
m) All other services which are necessary for the Agency to provide public transportation services.
ARTICLE 5
MEMBERS, OFFICERS, AND TERMS OF THE BOARD OF DIRECTORS
5.1. Members and Alternate Members. The Agency shall be administered by a Board of Directors, initially consisting of the Commission members and alternates of the Siskiyou County Local Transportation Commission. The Agency Board of Directors and alternates shall be the same individuals as each MEMBER entity appoints to serve on the Siskiyou County Local Transportation Commission and alternates thereof. The Board shall be named the “Siskiyou Transportation Agency Board of Directors.” CIty Council Regular Meeting Agenda September 9, 2024 40 4 5.2. Alternate Members. Alternates shall be the same individuals as each entity appoints to serve on the Siskiyou County Local Transportation Commission. Any alternate must have the same qualification as the individual originally appointed.
5.3. Officers. At the second regular meeting of each calendar year, the Board of Directors shall elect from its membership a Chair and Vice Chair of the Board, to serve for one-year terms.
In the absence of the Chair, the Vice Chair shall preside over and conduct all meetings of the Board.
5.4. Terms of Office. Each member of the Board of Directors shall serve the same term as their respective term on the Siskiyou County Local Transportation Commission; provided, however, Board members of the respective governmental MEMBERS, shall cease to serve upon termination of that public office, unless so otherwise re-Appointed by that governmental MEMBER. Vacancies shall be filled pursuant to the applicable procedures set forth in the Agency Bylaws.
ARTICLE 6
POWERS OF THE BOARD OF DIRECTORS
6.1. The Board of Directors shall have the following powers and functions:
a) The Board shall exercise all powers and conduct all business of the Agency, whether directly or by delegation to the Executive Director or other committees as may be established by the Board and subject to such restrictions and limitations as are set forth herein.
b) The Board shall have the authority to appoint or employ necessary staff in accordance with Article 9.
c) The Board shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of the Agency. The budget, at a minimum, shall include staff administration costs, capital costs, apportionments, and operating costs for transportation services. Adoption of the budget may not be delegated. d) The Board shall approve the execution of each contract or agreement to be entered into by the name of the Agency.
e) The Board shall negotiate, prepare, and contract for transportation services and the claims for funds to be submitted to the Siskiyou County Local Transportation Commission in accordance with the Transportation Development Act and its regulations.
f) Within 120 days after the close of the fiscal year, the Agency will prepare and submit to the MEMBERS an annual report on its operation of the transportation services for the fiscal year.
CIty Council Regular Meeting Agenda September 9, 2024 41 5 g) The Board shall receive and act upon periodic reports and audits of the funds of the Agency, as required by Articles 10 and 11 of this Agreement. h) The Board shall have such other powers and duties reasonably necessary to carry out the purposes of the Agency.
ARTICLE 7
MEETINGS OF THE BOARD OF DIRECTORS
7.1. Initial Meeting. No later than Sixty (60) days following the effective date of this Agreement and the establishment of the Agency, the initial meeting of the Board of Directors shall be called and convened. For the purpose of calling such a meeting, the Executive Director shall prepare the initial agenda for the Board of Directors and shall call and post such notices as are required by the Brown Act. Any MEMBER requesting an item on the agenda for the initial meeting shall provide the request no later than Twenty (20) days following the effective date of this Agreement.
7.2. Meetings. At a minimum the Board shall meet annually.
7.3. Brown Act. All meetings of the Board shall be called, noticed, held, and conducted in accordance with the provisions of Government Code Section 54950, et seq.
7.4. Minutes and Records. The Executive Director of the Agency shall provide for the keeping of minutes of regular and special meetings of the Board and shall provide a copy of the minutes to each member of the Board at the next scheduled meeting.
7.5. Quorum. A majority of the Members of the Board shall constitute a quorum for the transaction of business.
ARTICLE 8
COMMITTEES
8.1. The Board of Directors may establish committees, as it deems appropriate, to conduct the business of the Agency. Members of the committees shall be appointed by the Board, to serve one-year terms, subject to reappointment by the Board. Each committee shall be composed of at least three members and shall have those duties as determined by the Board or as otherwise set forth in the Bylaws. The members of each committee shall annually select one of their members to chair the committee. Each committee shall annually prepare and submit a report to the Board of Directors as to the activities and programs provided by or overseen by the committee.
8.2. All committee meetings shall be called, noticed, held, and conducted in accordance with the provision of Government Code Section 54950, et seq., the Brown Act.
CIty Council Regular Meeting Agenda September 9, 2024 42 6 ARTICLE 9
STAFF
9.1. Executive Director. The Siskiyou County Local Transportation Commission Executive Director shall be the Executive Director of the Agency.
9.2. Legal Counsel. The Siskiyou County Counsel’s Office shall provide legal services to the Agency.
9.3. Treasurer. The Treasurer of the County of Siskiyou shall be the treasurer of the Agency.
9.4. Auditor. The Auditor of the County of Siskiyou shall be the auditor of the Agency.
9.5. Administrative and Staffing Support. The County of Siskiyou shall provide administrative and staffing support to the Agency. Employees will be eligible for all benefits, optional or required by law, as employees of the County of Siskiyou.
9.6. Clerk. The Clerk of the County of Siskiyou shall be the designated officer for the acceptance service of process in civil proceedings and filing of Agreement termination notices.
ARTICLE 10
ACCOUNTS AND RECORDS
10.1. Annual Budget. The Agency shall annually adopt by resolution an operating budget pursuant to Article 6 of this Agreement.
10.2. Funds and Accounts. The Auditor shall establish and maintain such funds and accounts in compliance with Government Code 29534. Accounting records of the Agency shall be available for inspection by each MEMBER at all reasonable times. Support staff shall prepare fund and account balances in conjunction with the Auditor’s accounting records for the Agency. The Agency shall adhere to the standard of strict accountability for funds as set forth in Government Code Section 6505.
10.3. Annual Audit. Pursuant to Government Code Section 6505, the Agency shall either make or contract with a certified public accountant to perform an annual fiscal audit of all accounts and records of the Agency, conforming in all respects with the requirements of that section. The annual audit may be performed in conjunction with the annual audit requirements of the Siskiyou County Local Transportation Commission. A report of the audit shall be filed as a public record with the Auditor within twelve months of the end of the fiscal year under examination pursuant to Government Code 6505. The costs of the audit shall be considered an administrative cost of the Agency.
CIty Council Regular Meeting Agenda September 9, 2024 43 7 ARTICLE 11
RESPONSIBILITIES FOR FUNDS AND PROPERTY
11.1. Auditor. The Auditor shall be responsible for disbursement of the Agency’s funds in compliance with Government Code Section 6505.5. The Auditor shall draw warrants to pay demands against the Agency, making such payments from Agency funds, as approved by the Board of Directors or their designated representative.
11.2. Treasurer’s Duties. Pursuant to Government Code 6505.5, the Treasurer shall receive and Acknowledge receipt for all funds of the Agency and place them in the Treasury to the credit of the Agency.
11 .3. Reports to the Agency. Pursuant to Government Code 6505.5 (e), at the request of the Board, the Auditor and Treasurer shall verify and report in writing to the agency and to the contracting MEMBERS to the Agreement, the amount of money that is held for the Agency, the amount of receipts since the last report, and the amount paid out since the last report.
11.4. Property. Pursuant to Government Code Section 6505.1, the Executive Director, and such other persons as the Board of Directors may designate, shall have charge of, handle, and have access to the property of the Agency. Property and Rolling Stock as identified in Attachment A, attached hereto as part of the Agreement, shall be transferred to the Agency within 90 days of execution of the Agreement. It is recognized by each MEMBER that said rolling stock was purchased by County from various transit grants with the intended use being for transit services.
11.5. Outstanding Revenues or Expenditures. The Agency shall be responsible for all expenditures and receive all revenues generated prior to the formation of the Agency. The Agency shall receive all future dividends authorized by the CalTIP Board of Directors.
11.6. Bonds. Pursuant to Government Code 6505.1, the Agency shall secure and pay for a fidelity bond or bonds in an amount or amounts and in the form specified by the Board covering all officers and staff of the Agency and all officers and staff that are authorized to have charge of, handle, and have access to property of the Agency.
ARTICLE 12
WITHDRAWAL, DISSOLUTION, OR TERMINATION
AND DISTRIBUTION OF ASSETS
12.1. Withdrawal from the Agency. It is anticipated that each MEMBER hereto shall participate in the Agency until purposes set forth in this Agreement are accomplished. The withdrawal of either MEMBER, either voluntary or involuntary, shall cause the Agreement to be terminated according to the following conditions:
CIty Council Regular Meeting Agenda September 9, 2024 44 8 a) In the case of voluntary withdrawal following a properly noticed public hearing, written notice shall be given to the Agency, one hundred twenty (120) days prior to the effective date of withdrawal; and
b) Termination of the Agency shall not relieve the Agency of its debts or other liabilities prior to the effective date of the MEMBER’S notice of withdrawal. All debts, liabilities, and obligations incurred by the Agency shall be honored prior to apportionment and or distribution of remaining funds, including but not limited to contracts for transit services.
12.2. Dissolution of Agency. Upon dissolution of the Agency, there shall be a partial or complete distribution of assets and liabilities as follows:
a) Upon termination of the Agency, all funds including the proceeds of the sale of property, in the possession of the Agency after payment of all costs, expenses, and charges validly incurred under this Agreement, shall be returned to the MEMBERS in proportion to their contribution as shall be determined by the Board.
12.3. Distribution of Assets. The assets listed in Attachment A shall be returned to each MEMBER. Additional assets acquired by the Agency shall be distributed to the MEMBERS in proportion to their contribution as shall be determined by the Board in compliance with the Transportation Development Act. The distribution of assets may be made in kind or assets may be sold and the proceeds thereof distributed to the MEMBERS at the time of dissolution after the discharge of all enforceable liabilities.
12.4. Surplus Revenues. Upon termination of the Agency, all funds including the proceeds of the sale of property, in the possession of the Agency after payment of all costs, expenses, and charges validly incurred under this Agreement, shall be returned to the MEMBERS in proportion to their contribution as shall be determined by the Board.
ARTICLE 13
INSURANCE AND LIABILITY OF THE BOARD OF DIRECTORS,
OFFICERS, AND EMPLOYEES
13.1. Insurance. The Board of Directors shall maintain liability insurance or equivalent, including but not limited to owned and non-owned auto liability coverage, with limits of not less than five million dollars ($5,000,000), that applies to bodily injury, property damage, personal injury, and public officials’ error and omissions.
13.2. Indemnification. The following indemnification requirements apply to this Agreement:
a) The MEMBERS shall indemnify and hold each other harmless against any and all liability imposed or claimed, including attorney’s fees and other legal expenses, arising directly or indirectly from any act or failure of the Members, their employees, or agents, including all claims relating to the injury or death of any person or CIty Council Regular Meeting Agenda September 9, 2024 45 9 damage to any property arising out of the performance of this Agreement. It is understood that the duty of either Members to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
This indemnification and hold harmless clause shall apply to any damages or claims for damages whether any applicable insurance policies shall have been determined to apply. By execution of this Agreement, the Members acknowledge and agree to the provisions of this Section and that it is a material element of consideration of this Agreement.
b) The Siskiyou Transportation Agency shall indemnify and hold County harmless against any and all liability imposed or claimed, including all claims relating to the injury or death of any person or damage to any property, and attorney’s fees and other legal expenses, arising directly or indirectly from any act or failure of County’s assistants, employees or agents, contractors, engaged in the operation of the Siskiyou Transportation Agency pursuant to this Agreement. It is understood that the duty of the Siskiyou Transportation Agency to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
This indemnification and hold harmless clause shall apply to any damages or claims for damages whether any applicable insurance policies shall have been determined to apply. By execution of this Agreement, the Siskiyou Transportation Agency and the County acknowledge and agree to the provisions of this Section and that it is a material element of consideration of this Agreement.
ARTICLE 14
BYLAWS
14.1. Bylaws. The Board of Directors is hereby authorized to adopt, and from time to time amend, such bylaws as they deem appropriate to govern the transaction of the business of the Agency and the conduct of the officers and employees of the Agency.
ARTICLE 15
AMENDMENTS
15.1. Amendments. This Agreement may only be amended by the adoption of a Resolution by each MEMBER. Within thirty (30) days of the effective date of said amendment, the amendment shall be filed with the office of the Secretary of State. The notice shall contain the following:
a) The name of each MEMBER to the Agreement;
b) The date upon which the amendment to the Agreement is effective; and c) A description of the amendment made to the agreement.
CIty Council Regular Meeting Agenda September 9, 2024 46 10 ARTICLE 16
MISCELLANEOUS
16.1. Section Headings. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to.
16.2. Consent or Approval. Wherever any consent or approval is required within this Agreement, the same shall not be unreasonably withheld.
16.3. This Agreement is made in the State of California, under the Constitution and laws of such State and is to be so construed.
16.4. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void, or voidable, for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
16.5. The MEMBERS shall not assign any rights or obligations under this Agreement without the written consent of all other MEMBERS.
ARTICLE 17
TERM
17.1. This Agreement shall become effective upon adoption of the MEMBERS and shall remain in full force and effect until it is terminated by the unanimous consent of the MEMBERS hereto and upon the proper discharge of all legal obligations incurred or undertaken by the Agency.
IN WITNESS WHEREOF, the parties have executed this agreement on the dates set forth below, each signatory represents that they have the authority to execute this agreement and to bind the Party on whose behalf their execution is made.
MEMBER: City of Yreka
Date: _______________________ _________________________________ Corey R. Middleton, Mayor, City of Yreka
CIty Council Regular Meeting Agenda September 9, 2024 47 11 MEMBER: City of Dorris
Date: _______________________ _________________________________ Abner Weed, Mayor, City of Dorris
MEMBER: City of Dunsmuir
Date: _______________________ __________________________________ Michael Clarno, Mayor, City of Dunsmuir
MEMBER: City of Etna
Date: _______________________ ___________________________________ Cliff Munson, Mayor, City of Etna
MEMBER: Town of Fort Jones
Date: _______________________ ___________________________________ Mercedes Garcia, Mayor, Town of Fort Jones
MEMBER: City of Montague
Date: _______________________ ___________________________________ Takeshi Murakami, Mayor, City of Montague
MEMBER: City of Mt Shasta
Date: _______________________ ___________________________________ John Stackfleth, Mayor, City of Mt Shasta
CIty Council Regular Meeting Agenda September 9, 2024 48 12 MEMBER: City of Tulelake
Date: _______________________ ___________________________________ Tom Cordonier, Mayor, City of Tulelake
MEMBER: City of Weed
Date: _______________________ ___________________________________ Darrell Parham, Mayor, City of Weed
MEMBER: Siskiyou County Local Transportation Commission Date: _______________________ ___________________________________ Bruce Deutsch, Chair
MEMBER: County of Siskiyou
Date: _______________________ ___________________________________ Michael N. Kobseff, Chair
Board of Supervisors
County of Siskiyou
State of California
ATTEST:
Laura Bynum
Clerk, Board of Supervisors
By: _______________________
Deputy
CIty Council Regular Meeting Agenda September 9, 2024 49 Attachment A
Siskiyou Transportation Agency Property and Rolling Stock ROA Tag # Purchase Date Item Description Type
13135 5/18/2021 Bus Shield Protection Kit Equipment
14332 4/9/2007 HD-40x Four Post Lift Extra Long Equipment 14650 6/30/2010 Odyssey Fare Box with spare parts Equipment 14651 6/30/2010 Odyssey Fare Box with spare parts Equipment 14652 6/30/2010 Odyssey Fare Box with spare parts Equipment 14653 6/30/2010 Odyssey Fare Box with spare parts Equipment 14654 6/30/2010 Odyssey Fare Box with spare parts Equipment 14655 6/30/2010 Odyssey Fare Box with spare parts Equipment 14656 6/30/2010 Odyssey Fare Box with spare parts Equipment 14657 6/30/2010 Odyssey Fare Box with spare parts Equipment 14658 6/30/2010 Odyssey Fare Box with spare parts Equipment 14659 6/30/2010 Odyssey Fare Box with spare parts Equipment 14660 6/30/2010 Odyssey Fare Box with spare parts Equipment 14661 6/30/2010 Odyssey Fare Box with spare parts Equipment 14662 6/30/2010 Odyssey Fare Box with spare parts Equipment 14663 6/30/2010 Odyssey Fare Box with spare parts Equipment 14664 6/30/2010 Odyssey Fare Box with spare parts Equipment 14665 6/30/2010 Odyssey Fare Box with spare parts Equipment 14666 6/30/2010 Data System for Electronic Fare Boxes Equipment 14667 6/30/2010 Portable Data Unit for Electronic Fare Boxes Equipment 14668 6/30/2010 Odyssey Test Simulator - Maintenance Equipment 14695 9/28/2010 Print Encode Machine (for farebox system) Equipment 14920 6/18/2013 Benecor FT2000 Tote Enclousure & Accessories Equipment 15021 12/28/2017 Print Encode Machine (for farebox system) Equipment 15133 5/18/2021 Bus Shield Protection Kit Equipment
15134 5/18/2021 Bus Shield Protection Kit Equipment
15136 5/18/2021 Bus Shield Protection Kit Equipment
15137 5/18/2021 Bus Shield Protection Kit Equipment
15236 6/30/2023 Graco LLV3900 HP Auto 17U805 2 Gun with Lazerguide Equipment CIty Council Regular Meeting Agenda September 9, 2024
1 of 3
50 Attachment A
Siskiyou Transportation Agency Property and Rolling Stock ROA Tag # Purchase Date Item Description Type
15237 6/30/2023 Graco Linedriver Ride On System Equipment Facility 12/1/2015 **STAGE Transit Admin Building Facility 14981 12/31/2015 Workstations Furnishings
414981 12/20/2016 Workstation - 6th Station Upgrade Furnishings 922077 10/3/2013 Gillig '35 Bus (#31) Rolling Stock
922078 10/3/2013 Gillig '35 Bus (#32) Rolling Stock
922079 10/3/2013 Gillig '35 Bus (#33) Rolling Stock
922080 10/3/2013 Gillig '35 Bus (#34) Rolling Stock
922081 10/3/2013 Gillig '35 Bus (#35) Rolling Stock
922790 6/30/2018 2018 Starcraft Allstar Bus (#37) Rolling Stock 922791 6/30/2018 2018 Starcraft Allstar Bus (#36) Rolling Stock 922792 6/30/2018 2018 Starcraft Allstar Bus (#38) Rolling Stock 9921989 5/23/2018 Engine Replacement Bus # 3030 Rolling Stock 94401 5/1/1988 88 Chevy Cab & Chassis Rolling Stock
98105 1/10/1994 1994 Ford F250 (Yellow) Rolling Stock
98972 4/26/1995 1995 Jeep Cherokee (Tan) Rolling Stock
920597 1/4/2007 2007 Ford Explorer (4x4 Gold) Rolling Stock 922896 12/3/2018 2017 Glaval Ford Transit Rolling Stock 923252 1/26/2021 2021 Glaval Bus Rolling Stock
15022 12/27/2017 13' Sierra Low Dome Transit Shelter Shelters 15023 12/27/2017 13' Sierra Low Dome Transit Shelter Shelters 15024 12/27/2017 13' Sierra Low Dome Transit Shelter Shelters 15025 10/13/2017 13' Sierra Low Dome Transit Shelter Shelters 15026 10/13/2017 13' Sierra Low Dome Transit Shelter Shelters 15027 11/3/2015 13' Sierra Low Dome Transit Shelter Shelters 15028 11/3/2015 13' Sierra Low Dome Transit Shelter Shelters 15029 11/3/2015 13' Sierra Low Dome Transit Shelter Shelters 15038 1/24/2019 Transit Shelter 13' Sierra Low Dome & Installation Shelters 15039 1/24/2019 Transit Shelter 13' Sierra Low Dome Shelters CIty Council Regular Meeting Agenda September 9, 2024
2 of 3
51 Attachment A
Siskiyou Transportation Agency Property and Rolling Stock ROA Tag # Purchase Date Item Description Type
15040 1/24/2019 Transit Shelter 13' Sierra Low Dome Shelters 15054 12/3/2019 Tolar 13' Sierra Low Dome Transit Shelter (Raley's) Shelters 15055 12/3/2019 Tolar 13' Sierra Low Dome Transit Shelter (Fairchild) Shelters 15150 9/13/2022 13' Sierra Low Dome Transit Shelter Shelters 922178 3/30/2015 *Ford F150 Pickup (#3006) (50% Ownership) Rolling Stock 922168 3/30/2015 *Blazer 6x10 Cargo Utility Trailer (50% Ownership) Rolling Stock 15291 11/7/2023 Gasboy DEF Dispenser Equipment
*Airports (Fund 5230) own 50% of these assets. When they reach the end of useful life any proceeds will be split 50% to Airports and 50% to STAGE.
** Transit Center ownership split is: STAGE 87% (Fund 5660), Siskiyou County Local Transportation Commission (less than 1%) (Fund 2505), Solid Waste 8.3% (Fund 5350), and Flood Control 3.8% (Fund 2501).
CIty Council Regular Meeting Agenda September 9, 2024
3 of 3
52 City Council Agenda Item #9
Staff Report
Meeting Date: September 9, 2024
To: Mayor and City Council
From: Robert Gibson, Chief of Police
Subject: Adding Chapter 7.80 Prevention and Removal of Graffiti Recommendation:
Staff respectfully requests the City Council approve the attached ordinance adding Chapter 7.80 to the Mt. Shasta Municipal Code.
Background & Summary:
Over the past few years, the City of Mt. Shasta has seen a vast increase in the amount of graffiti vandalism throughout town, however, the Mt. Shasta Municipal Code had no direct code to address this nuisance. Staff was directed to draft and come back to Council with an ordinance addressing the graffiti issue. After researching several other city ordinances throughout California, staff was able to tailor an ordinance to bring to council. Some of the highlights of this new ordinance are that it will allow the City to recover cost for cleanup of vandalism, authorizes the City to clean and remove graffiti from private property with the consent of the owner or after proper notification without the consent. It allows for the city to develop a program to work with property owners in the clean up. The ordinance will allow for mechanisms to gain compliance of property owners in removing the graffiti, through the administrative citation process and the nuisance abatement process.
Further, the ordinance allows the city to hold those persons responsible for the graffiti vandalism civilly and criminally liable and would authorize the city to petition the court to have those convicted of vandalism perform community service in the city. This ordinance follows State laws as they relate to community service and cost recoveries.
X Regular
Consent
Closed
Presentation
CIty Council Regular Meeting Agenda September 9, 2024 53 2 Attachments:
Chapter 7.80 of the Mt. Shasta Municipal Code.
CIty Council Regular Meeting Agenda September 9, 2024 54 ORDINANCE CCO-24-XX
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
ADDING CHAPTER 7.80 PREVENTION AND REMOVAL OF GRAFFITI
TO THE MT. SHASTA MUNICIPAL CODE
WHEREAS, pursuant to Chapter XI, Section 7, of the California Constitution, the City of Mt Shasta (“City”) may make and enforce within its limits all local, police, sanitary, and other ordinance, and regulations not in conflict with general laws; and WHEREAS, the City Council of the City of Mount Shasta has declared acts of vandalism such as graffiti to be a public nuisance as defined in Mt. Shasta Municipal Code Section 1.04.050 (k); and WHEREAS, the City Council of the City of Mount Shasta finds that due to numerous incidents of vandalism by graffiti throughout the city that has detracted from the beauty of the City of Mt.
Shasta and negatively impacted both private and public properties; and WHEREAS, the City Council of the City of Mount Shasta finds that there was an inadequate ability within the Mt. Shasta Municipal Code to address the problems and costs associated with graffiti vandalism; and
WHEREAS, the City Council of the City of Mt. Shasta has determined that the following action be taken to by adding Chapter 7.80, Prevention and Removal of Graffiti to the Mt. Shasta Municipal Code.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Mt. Shasta that the following language is adopted into the Mt. Shasta Municipal Code:
Chapter 7.80
PREVENTION AND REMOVAL OF GRAFFITI
Sections:
7.80.010 Purpose.
7.80.020 Declaration of Nuisance.
7.80.030 Definitions.
7.80.040 Graffiti prohibited.
7.80.050 Authorization to remove.
7.80.060 Notice to abate graffiti.
7.80.070 Failure to remove graffiti upon notice.
7.80.080 Recovery of costs.
7.80.090 Alternative actions available.
7.80.100 Parental responsibility.
7.80.120 Community service.
7.80.130 Policy of cost recovery.
CIty Council Regular Meeting Agenda September 9, 2024 55
7.08.010 Purpose.
(A) The increase of graffiti on both public and private buildings, structures, and places is creating a condition of blight within the City which results in deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the City. (B)The purpose of this chapter is to provide enforcement tools in addition to those already provided for by state law for removal of graffiti and to prevent and control the further spread of graffiti on walls and structures both private and public property in the City. It is further the intent of the City Council, through the adoption of this chapter, to give notice to all who disregard the property rights of others that the City will strictly enforce all laws prohibiting graffiti, including but not limited to sections 594, 594.1, 640.5 and 640.6 of the California Penal Code, Section 13202.6 of the California Vehicle Code, and the provisions of this chapter.
7.80.020 Declaration of nuisance.
The Council finds and declares that the existence of graffiti anywhere within the boundaries of the City is a public and private nuisance, and may be abated in accordance with this chapter, Chapter 1.04, entitled "Administrative Nuisance Abatement," of this code, or any other provision of law providing for the abatement of graffiti or applicable vandalism.
7.80.030 Definitions.
As used in this chapter:
(A) "Graffiti" means any painting, marking, symbol, inscription, word, figure, design, or defacement written, sprayed, painted, splashed, marked, etched, scratched, drawn, or engraved on any structural component of any building, structure, or other facility or surface, without the prior consent of the owner of the property or other person with the legal right to control the property.
(B) "Vandalism" is the defacing of public or private property with graffiti or other inscribed material.
7.80.040 Graffiti prohibited.
(A) It is unlawful for any person to apply graffiti on any public or privately owned real property within the City of Mt. Shasta.
(B) It is unlawful for a person owning or otherwise in control of any real property within the City to permit or allow any graffiti to be placed upon or remain on any permanent CIty Council Regular Meeting Agenda September 9, 2024 56 structure, including fencing and trash receptables, located on such property when the graffiti is visible from the street or other public or private property, for a period in excess of 72 hours following service by the City of a notice to abate graffiti or unless a permit has been obtained by complying with the applicable provisions of Chapter 18.65 Public Mural Review or Title 8 Graphics, of this code. Failure to comply may result in enforcement action by City pursuant to MSMC 1.04.
(C) Each day the graffiti is maintained beyond the initial 72-hour period constitutes a separate offense and is subject to the penalties set forth in MSMC 1.03.010.
7.80.50 Authorization to remove.
(A)Whenever the City Manager determines that graffiti is located on public or privately owned property within the City so as to be capable of being viewed from adjacent property, or by a person utilizing any street or public right-of-way in the City, the City Manager is authorized to provide for the removal of the graffiti or other inscribed material upon the following conditions:
(1) In removing the graffiti or other inscribed material, the painting or repair of a more extensive area shall not be authorized.
(2) Where a structure is owned by a public entity other than the City, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the public entity having jurisdiction over the structure and such entity executes a release and waiver approved as a form by the City Attorney, and agrees to an assumption of costs incurred by the City for the removal of the graffiti or other inscribed material.
(3) Where a structure is privately owned, the removal of graffiti or other inscribed material be authorized in accordance with subsection (B) of this section.
(B)Graffiti which is located on private property, including fences and trash receptacles, within the City which can be viewed by a person utilizing any street or public right-of-way within the City may be removed by the City under the following circumstances:
(1) The City may immediately enter upon private property and remove graffiti from privately owned property, including fences and trash receptacles, provided that the City shall secure written advance consent from the owner or person otherwise in control of the property.
CIty Council Regular Meeting Agenda September 9, 2024 57 (2) Where a private property owner or person otherwise in control of the property refuses to consent to the graffiti removal, or where the consent of the property owner cannot otherwise be obtained, the City may declare the graffiti to be a public nuisance and may abate the graffiti after providing notice to the owner in accordance with MSMC 7.80.060.
(3) The City may enter upon private property and remove graffiti from privately owned property, including fences and trash receptacles, if the graffiti constitutes an immediate hazard to public health and safety that must be abated without delay. Under such circumstances, the City shall provide written notice of emergency abatement to the owner as soon as practicable after the abatement is concluded. The City may recover its costs of emergency abatement in accordance with MSMC 1.03.040.
7.80.060 Notice to abate graffiti.
It is unlawful for any property owner, or any Manager, tenant or agent of a property owner, to fail to remove graffiti within 72 hours after written notice is given by the City. The written notice shall be sent to the property owner by certified mail, or posted at a conspicuous place on the subject premises where the graffiti is located. (A) The notice shall be on City letterhead and read substantially as follows: NOTICE TO ABATE GRAFFITI
NOTICE IS HEREBY GIVEN that under provisions of Section 7.80.020 of the Mt. Shasta Municipal Code Chapter 7.80, you are required at your expense to remove or paint over the graffiti located on the property commonly known as __________________ , Mt. Shasta, California, which is visible to public view, within 72 hours after the date of service of this notice. The graffiti is visible to the public view and therefore constitutes a public nuisance. If you fail to comply, the City or its contractor will enter your property and abate the public nuisance. The cost of the abatement by the City or its contractor will be assessed upon your property and such costs will constitute a lien upon the land until paid.
All persons having any objection to or interest in said matters are hereby notified to submit an appeal to the Office of the City Manager within 72 hours from the date of this notice. At the conclusion of this 72-hour period, the City may proceed with the abatement of the graffiti on your property at your expense without further notice.
CIty Council Regular Meeting Agenda September 9, 2024 58 (B)Within 72 hours from the date of the notice to abate graffiti, the owner or person occupying or controlling the property may appeal to the City Manager. The City Manager, or his designee, shall hold an administrative hearing on the appeal. The decision of the City manager or his designee shall be final and conclusive. (C)If no appeal has been submitted, or if the appeal has been denied following an administrative hearing, and the property owner fails to remove the graffiti, then the City Manager shall cause the graffiti to be abated as a public nuisance by the City or its contractor, and the City or its contractor is expressly authorized to enter upon the premises for such purpose.
7.80.070 Failure to remove graffiti upon notice.
Any costs incurred by the City for the abatement of graffiti from private property, the failure of any firm partnership, or corporation to remove graffiti within the prescribed 72- hour period as set forth in MSMC 7.80.040 constitutes and infraction and is punishable as set forth in MSMC 1.03.010.
7.80.80 Recovery of costs.
(A) The City is authorized to recover costs incurred in the removal of graffiti from private property if:
(1)The removal of graffiti from privately owned property with the prior written consent of the owner exceeds three requests per privately owned real property during one calendar year. The City Manager may waive this provision if the property owner has demonstrated a conscientious effort to prevent graffiti from being affixed to their property as evidence by, but not limited to, the installation of security surveillance devices, lighting, protective landscaping, or application of graffiti resistant paint.
(2) The City is required to abate graffiti or other inscribed material from privately owned real property, in accordance with MSMC 7.80.050 (b)(2) or (b)(3).
(3) The private property owner or person otherwise in control of the property has persuaded, allowed, or encouraged the affixing of graffiti upon the subject private property.
(B) Should the City be required to abate the graffiti as a public nuisance as set forth in MSMC
7.80.060(c), the City shall recover, pursuant to California Government Code Section 38773, the cost of abatement through the assessment of a lien against the property where the nuisance is maintained pursuant to MSMC 1.04.230.
CIty Council Regular Meeting Agenda September 9, 2024 59
7.80.090 Alternative actions available.
The City may utilize the abatement process set forth in MSMC Chapter 1.04 if a person vandalizes a property with graffiti, as the vandalism would constitute a nuisance.
7.80.100 Parental responsibility.
Pursuant to Section 1714.1(b) of the California Civil Code, where graffiti is applied by an unemancipated minor, the parents or legal guardian of said minor shall be jointly and severally liable for payment of civil damages resulting from the misconduct of the minor in an amount not to exceed $25,000 for such offense.
7.80.120 Community service.
(A) Upon conviction of any person for violation of MSMC 7.80.040, or any state law pertaining to vandalism of property with a graffiti implement, the City shall petition the sentencing court to impose community service time, pursuant to Section 640.6 of the California Penal Code. The sentencing court may require the performance of community service within the City in addition to any monetary penalties imposed. In the event the sentencing court approves community service, the City shall request any adult or emancipated minor convicted of vandalism, as defined by Section 594(a)(l) of the California Penal Code, to: (1) complete a minimum of 48 hours, but not more than 200 hours, of community services, over a period of 180 calendar days and during any time other than hours of school attendance or employment, cleaning up, removing and repairing property damaged by graffiti for the first conviction; and (2) complete 96 hours, but no more than 400 hours, of community services, over a period of one-three hundred fifty calendar days and during any time other than hours of school attendance or employment, cleaning up, removing, and repairing property damaged by graffiti for each subsequent conviction.
(B) Any person who is under the age of 18 when he or she violates any provision of this chapter or any state law pertaining to vandalism of property with a graffiti implement, and is found to be a person described in Section 602 of the California Welfare and Institutions Code by reason of the commission of vandalism, may be required to perform community service time pursuant to Section 728 of the California Welfare and Institutions Code. For any minor adjudicated guilty of vandalism, the City will petition the juvenile court and the court may, in addition to any other penalties imposed by the City, require the unemancipated minor to provide the necessary labor to clean up, repair, or replace defaced, damaged or destroyed property, or otherwise make restitution to the property owner.
CIty Council Regular Meeting Agenda September 9, 2024 60 (C) If a minor is personally unable to pay any fine levied for violating any provision of this chapter or is otherwise unable to make restitution for damages, the minor's parent or legal guardian shall be liable for payment of the fine or restitution. If the parent or legal guardian cannot make restitution, the sentencing court may waive payment of the fine or community service time by the parent or legal guardian upon finding of good cause. If the sentencing court waives payment of the fine by the parent or legal guardian, the City shall petition the sentencing court, and the court, at the court's option, may order the parent or legal guardian to provide the necessary labor, equal to the number of hours assigned to the minor adjudicated guilty of violating any provision of this chapter, to clean up, repair, or replace property damaged by the unemancipated minor.
7.80.130 Policy of cost recovery.
(A)It shall be the policy of the City to recover all allowable costs for removal and repair due to vandalism and/or graffiti from those who commit the act(s) and/or from their parents or guardians.
(B)It shall also be the policy of the City to seek to have imposed all available penalties upon those persons who deface property in the City.
The foregoing Ordinance was adopted at the regular meeting of the City Council of the City of Mt. Shasta held on this XX day of XXX by the following vote:
AYES: NOES: ABSENT:
ABSTAIN:
DATED:
ATTEST: CITY OF MT. SHASTA
______________________________ ______________________________ , Deputy City Clerk John Stackfleth, Mayor FORM APPROVED:
_____________________________
John Sullivan Kenny, City Attorney
CIty Council Regular Meeting Agenda September 9, 2024 61
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 XX day of XXX, and was adopted at a regular meeting of said Council on the XX day of XXX ______________________________
, Deputy City Clerk
CIty Council Regular Meeting Agenda September 9, 2024 62 CITY OF MT. SHASTA
STAFF REPORT
TO: City Council
FROM: Jeff Mitchem, Planning Director
DATE: September 9, 2024
SUBJECT: First Reading
Municipal Code Amendments Mt Shasta Municipal Code
Chapters 5.50, 18.08 and 18.21
NOTE. This item was introduced, and amended, at a regular meeting of the Mt Shasta City Council on the 12th day of August 2024 and was adopted at a regular meeting of said Council on the 26th day of August 2024 after which, City Clerk determined that the first reading amendments were substantial and should have been brought back for another first reading. The ordinance as amended is attached hereto.
DESCRIPTION
Consideration of an Ordinance (Attachment A) amending Mt Shasta Municipal Code Chapter
5.50 to prohibit Short-term Rentals in R-2 and R-3 zoning districts (Short-term Rentals are currently prohibited in R-1) and Registration Certificate Requirements and amending MSMC Chapter 18 to revise the definition of Bed and Breakfasts clarifying provisions related to serving of meals.
RECOMMENDATION
Conduct a Public Hearing and introduce the attached draft Ordinances and waive their reading, finding that the action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
BACKGROUND/SUMMARY
At first reading on August 12, 2024, City Council directed Staff to amend Mt Shasta Municipal Code as follows:
MSMC Chapter 5.50
Section 5.50.030
(C) Prohibited Short-Term Rentals. Short-term rentals are prohibited in R-1, R-2 and R-3 zones. A structure or property with a recorded covenant, deed restriction, or agreement restricting its use, including without limitation dwelling units with affordability restrictions, and dwelling units for which short-term rentals are prohibited, shall not be used for shortterm rentals. Short-term rentals are prohibited in structures not intended for residential occupancy under the California Building Code Standards and this code.
Section 5.50.040 Registration Certificate Requirements
(A) Annual Registration Required. Short-term rental permits shall be renewed annually, CIty Council Regular Meeting Agenda September 9, 2024 63 and separate permits are required for each short-term rental site. The permit requirements for short-term rentals are set forth below. The issuance of any permit pursuant to this article does not relieve the owner of the obligation to comply with the other provisions of this code pertaining to the use and occupancy of the short-term rental or to the property in which it is located. Short-term rentals are allowed in C1 and C2 zones only. and within R2 and R3 zones conditionally permitted (use permit approval required), that allow residential use with approval of a short-term rental permit. No more than two short-term rental permits shall be issued to any owner for short-term rentals. (C) 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.
(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.
Section 5.50.080 Changes in ownership
Permits issued for short-term rentals do not provide a vested interest in or entitlement to the continued operation of a short-term rental upon a change of ownership. The new owner of a property for which a short-term rental permit has been issued shall notify the City upon a change of ownership of the short-term rental. Short-term rental permits for short-term rentals shall not run with the land and shall expire upon any partial or complete transfer of ownership of a short-term rental unless the new owner files for a short-term rental permit within 30 days of purchase. New owners of a formerly permitted short-term rental will be offered the first right of refusal on a new short-term rental permit. (Ord. CCO-23-01, 2023) If no permit is acquired within 30 days of purchase, the property will cease operation as a short-term rental, any valid short-term rental permit shall be deemed null and void, and no new permit shall be issued.
MSMC Chapter 18.08
Section 18.08.135
“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 preparing and 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.
MSMC Chapter 18.21
Section 18.21.020 Definition of “Bed and Breakfast”
“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 preparing and serving not more than one breakfast to be provided daily, with the CIty Council Regular Meeting Agenda September 9, 2024 64 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.
18.21.030 General requirements.
(D) Operation of any B and B facility shall be by an on-site resident property owner(s) or on-site resident manager. No off-site management shall be permitted.
18.21.070 Number of units.
(E) Maximum number of Bed and Breakfast permits to be issued City-wide: five (5).
ENVIRONMENTAL REVIEW
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
ATTACHMENTS:
A. Ordinance CCO-24-XX
CIty Council Regular Meeting Agenda September 9, 2024 65 ORDINANCE CCO-24-XX
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MT SHASTA
AMENDING MUNICIPAL CODE CHAPTERS 5.50, 18.08 AND 18.21
WHEREAS, on February 13, 2023, the City Council adopted Ordinance CCO-23-01 regulating Short Term Rentals (STRs); and
WHEREAS, at that time, City Council unanimously requested the following clarifying comments be included in the administrative record regarding short-term rentals in residential zones: “Existing licenses in residential zones (R-2 and R-3) will be frozen at the current 19 (nineteen). If one of these properties changes hands, the new buyer will have an option of acquiring a short-term rental license for that location within a certain period of time. If the new buyer does not do so, that license will cease to exist and no new license will be issued”; and
WHEREAS, the new ordinance was implemented in March of 2023; and WHEREAS, the City Council values affordable housing generally and particularly the preservation of existing affordable housing stock; and
WHEREAS, the City Council recognizes that the proliferation of Short-Term Rentals and Bed and Breakfasts are a threat to the preservation of existing affordable housing by supplanting existing housing units; and
WHEREAS, these amendments explicitly convey City Council intent to prohibit STRs in R-2 and R-3 zoning districts; and
WHEREAS, these amendments explicitly convey City Council intent to limit the number of Bed and Breakfast facilities City-wide; 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 July 31, 2024; and WHEREAS, on August 12, 2024, the City Council discussed amendments to the ShortTerm Rental Ordinance and Bed and Breakfast 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 mobile food vending.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Mt.
Shasta does amend the Mt. Shasta Municipal Code Section 5.50.030, Section 5.50.040, Section 5.50.080, Section 18.08.135, Section 18.21.020, Section 18.21.030, and Section 18.21.070 to read as follows:
Section 5.50.030 Prohibitions
CIty Council Regular Meeting Agenda September 9, 2024 66 (C) Prohibited Short-Term Rentals. Short-term rentals are prohibited in R-1, R-2 and R-3 zones. A structure or property with a recorded covenant, deed restriction, or agreement restricting its use, including without limitation dwelling units with affordability restrictions, and dwelling units for which short-term rentals are prohibited, shall not be used for short-term rentals.
Short-term rentals are prohibited in structures not intended for residential occupancy under the California Building Code Standards and this code.
Section 5.50.040 Registration certificate requirements. (A) Annual Registration Required. Short-term rental permits shall be renewed annually, and separate permits are required for each short-term rental site.
The permit requirements for short-term rentals are set forth below. The issuance of any permit pursuant to this article does not relieve the owner of the obligation to comply with the other provisions of this code pertaining to the use and occupancy of the short-term rental or to the property in which it is located. Short-term rentals are allowed in C1 and C2 zones only. and within R2 and R3 zones conditionally permitted (use permit approval required), that allow residential use with approval of a short-term rental permit. No more than two short-term rental permits shall be issued to any owner for short-term rentals.
(C) 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. (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.
Section 5.50.080 Changes in ownership
Permits issued for short-term rentals do not provide a vested interest in or entitlement to the continued operation of a short-term rental upon a change of ownership. The new owner of a property for which a short-term rental permit has been issued shall notify the City upon a change of ownership of the short-term rental. Short-term rental permits for short-term rentals shall not run with the land and shall expire upon any partial or complete transfer of ownership of a shortterm rental unless the new owner files for a short-term rental permit within 30 CIty Council Regular Meeting Agenda September 9, 2024 67 days of purchase. New owners of a formerly permitted short-term rental will be offered the first right of refusal on a new short-term rental permit. (Ord. CCO-23- 01, 2023) If no permit is acquired within 30 days of purchase, the property will cease operation as a short-term rental, any valid short-term rental permit shall be deemed null and void, and no new permit shall be issued.
MSMC Sections 18.08.135 and 18.21.020
“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 preparing and 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.
MSMC Section 18.21.030
(D) Operation of any Bed and Breakfast facility shall be by an on-site resident property owner(s) or on-site resident manager. No off-site management shall be permitted.
MSMC Section 18.21.070
(E) Maximum number of Bed and Breakfast permits to be issued City-wide: five (5).
The foregoing Ordinance was adopted at the regular meeting of the City Council of Mt Shasta held on this ___ day of _____ 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED:
ATTEST: CITY OF MT SHASTA
_______
Kathryn M Joyce, Deputy City Clerk John Stackfleth, Mayor FORM APPROVED:
John Sullivan Kenny, City Attorney
CIty Council Regular Meeting Agenda September 9, 2024 68
CERTIFICATION
I HEREBY CERTIFY that the foregoing Ordinance CCO-24-XX was introduced at a regular meeting of the Mt Shasta City Council on the 9th day of September 2024, and was adopted at a regular meeting of said Council on the ___ day of _____ 2024.
Kathryn M Joyce, Deputy City Clerk
CIty Council Regular Meeting Agenda September 9, 2024 69