“Our mission is to maintain the character of our “small town” community while striking an appropriate balance between economic development and preservation of our quality of life. We help create a dynamic and vital City by providing quality, cost-effective municipalservices and by forming partnerships with residents and organizations in the constant pursuit of excellence.”
Page Item STANDING AGENDA ITEMS
1. Call to Order and Flag Salute
2. Roll call
3. Special Presentation: None
4. Public Comment:
This time is set aside for citizens to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an agenda item noted on the regular agenda, please address the Council when that item is open for public comment.
Each speaker is allocated three (3) minutes to speak. Speakers may not cede their time. Comments should be limited to matters within the jurisdiction of the City. Council discussion or action cannot be taken on items not listed on the agenda other than to receive comments. If you have documents to present to members of Council, please provide a minimum of seven (7) copies to the Deputy City Clerk. Email Comments may be submitted to the City Clerk’s Office ([email protected]). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council prior to the meeting. These items will NOT be read into the record.
5. Council and Staff Comments
6. Committee Updates:
a) Downtown Enhancement Advisory Committee
b) Library Tax Advisory Committee
c) Beautification Committee
d) Active Transportation Committee
Mt. Shasta City Council Regular Meeting Agenda
Monday, October 14, 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.
Mt. Shasta City Council Regular Meeting October 14, 2024 1 Mt. Shasta Regular City Council Meeting Agenda
Monday, October 14, 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: September 23, 2024
b. Approval of Disbursements: Accounts Payable: 9/20, 9/23, 9/26, and 10/7/2024; Total Gross Payroll and Taxes: For Periods Ending 9/15 and 9/29/2024 c. Authorizing the Director of Finance to Certify to the County Auditor the City’s Maintenance of Effort for Proposition 172 Public Safety Funds d. Subrecipient Agreement Between The City Of Mt. Shasta And the Jefferson Economic Development Institute (JEDI) For City Of Mt. Shasta Community Development Block Grant 2024 Economic Development Program e. Resolution CCR-24-XX, A Resolution in Support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act
f. Community Development Block Grant Mt. Shasta 2024 Economic Development Program Memorandum Of Understanding
g. Police Department Monthly Report September 2024
Background: At the August 23rd Council meeting, three groups presented proposals for digital marketing services on behalf of the City. Since that date, the proposers have had the opportunity to revise their proposals and will present them to Council.
Report By: Todd Juhasz, City Manager
Recommended Council Action: Consider proposals from three groups that wish to provide digital marketing on behalf of the City of Mt Shasta.
Background: Council will discuss snow removal alternatives as well as methods for cost recovery for sidewalk snow removal in the downtown.
Report By: Ken Kellogg, Public Works Director
Recommended Council Action: Approve a resolution seeking to capture the true cost of snow removal within the Downtown Business District.
Of Understanding and Conduct Negotiations with the Four Union Shops Background: Council will discuss the retention of a labor relations consultant to review MOUs between the City and bargaining groups as well as conduct negotiations.
Report By: Todd Juhasz, City Manager
Recommended Council Action: Approve the retention of Michael Jarvis of Liberty, Cassidy, and Whitmore.
4-62
63-74
75-78
79-87
Mt. Shasta City Council Regular Meeting October 14, 2024 2 Mt. Shasta Regular City Council Meeting Agenda
Monday, October 14, 2024
CITY COUNCIL/STAFF REPORTING PERIOD
11. Reports on Outside Meetings
12. Future Agenda Items and Meetings (Appearing on the agenda within 60-90 days):
a. Discussion of Potential Purchase of Unpaved Parcels at 415 N. Chestnut – 10/2024 b. Objective Design Standards Presentation/Discussion – 10/28/2024 c. Ordinance Amendment: Encroachments onto City Property – 10/28/2024 d. Adoption of the Enhanced Infrastructure Financing District – 11/12/2024 e. Beautification Committee Presentation to Council – TBD f. Survey of Washington Avenue – TBD
g. Discussion and Possible Action: Rental, Lease, or Purchase of Lot Located at the northwest corner of Alma and N. Mt. Shasta Blvd – TBD
Future Agenda Items Over 90 Days:
13. Adjourn
I, Kathryn Joyce, declare under penalty of perjury that this agenda has been posted at least 72 hours in advance at the Mt.
Shasta City Hall, 305 N. Mt. Shasta Blvd, Mt. Shasta, CA, in the glass case and on the City website at www.mtshastaca.gov.
Agendas and packets shall be made available at least 72 hours in advance of regular meetings and 24 hours in advance of special meetings on the City’s web site. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting shall be made available on the City’s web site www.mtshastaca.gov.
Availability of Public Records: All public records related to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at City Hall located at 305 North Mt. Shasta Blvd.
The City of Mt. Shasta does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or provision of services. In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at 530-326-7516 or [email protected] as soon as possible.
Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.
Mt. Shasta City Council Regular Meeting October 14, 2024 3 Mt. Shasta City Council Regular Meeting DRAFT Minutes
Monday, September 23, 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: Clure, Stackfleth, Collings, Redmond, Stearns Council Members Absent: None
3. Special Presentation: None
4. Public Comment:
David Ream – Comments expressing concern about Councilmember comments and gestures.
Johanna Altorfer – Requested change to previous meeting minutes.
5. Council and Staff Comments:
Walter Moore, Acting Chief of Police – Comments regarding police department activities.
Ken Kellogg, Public Works Director – Update on the wastewater treatment plant.
Clarifying questions from Council.
Jeff Mitchem, Planning Director – Update on the Housing Element and requested changes from Housing and Community Development. Update on The Landing appraisal and unpaved lots on Chestnut Street.
Malisa Dodd, Finance Director – Comments regarding retirement of previous Finance Director.
Tim Stearns, Councilmember – Comments regarding theft of campaign signs.
Discussion with Council and staff.
Tessa Clure, Councilmember – Library Expansion Committee update.
John Stackfleth, Mayor – Collier Interpretive and Information Center update.
6. Committee Updates: No committee updates.
a) Downtown Enhancement Advisory Committee
b) Library Tax Advisory Committee
c) Beautification Committee
d) Active Transportation Committee
CITY COUNCIL BUSINESS
Mt. Shasta City Council Regular Meeting October 14, 2024 4
7. Consent Agenda:
COUNCIL ACTION: Approved the following Consent Agenda items. All Resolutions and Ordinances on this agenda, or added hereto, shall be introduced or adopted, as applicable, by title only, and the full reading thereof is hereby waived.
a. Approval of Minutes: September 9, 2024
b. Approval of Disbursements: Accounts Payable: 9/5 and 9/10/2024; Total Gross Payroll and Taxes:
For Period Ending 9/1/2024
c. Memorandum of Understanding: Siskiyou County Protein and Produce d. Approval of New Job Descriptions for Deputy City Clerk Position e. Second Reading and Adoption of CCO-24-06 Graffiti Ordinance f. Second Reading and Adoption of CCO-24-07 Short-Term Rental Ordinance g. Prop 64 Audit Report, Resolution CCR-24-29
h. Monthly Investment Report for Period Ending August 31, 2024 i. Senior Snow Removal Award of Contract to Shasta Brown Inc.
COUNCIL ACTION: Approve items a-i with an amendment to the public comment portion of the September 9, 2024 draft meeting minutes.
MOTION TO APPROVE: Clure
SECOND: Redmond
AYES: Stackfleth, Collings, Stearns, Clure, Redmond
NOES: None
ABSENT: None
ABSTAIN: None
8. Public Hearing: Closeout of 20-CDBG-12093 Pine Street Water System Improvement Project Muriel Terrell, Finance Director – Review of required public hearing, project completion.
Public Hearing Open: 6:06 p.m.
Johanna Altorfer – Comments regarding sidewalk damage and other issues.
Clarifying questions from Council and discussion with staff.
Public Hearing Closed: 6:11 p.m.
Discussion with Council and staff.
9. Discussion and Possible Action: Process of and Cost Recovery for Snow Removal in the Downtown Ken Kellogg, Public Works Director – Introduction of item, review of staff report. Review of current snowplow operations and proposed operational changes, areas to be cleared, and proposed calculation alternatives.
Clarifying questions from Council and discussion with staff.
David Ream – Comments stating that there was no agenda packet available at the meeting for review.
Comments regarding snow removal; in opposition to charges. Comments expressing concern about winter parking issues.
Johanna Altorfer – Comments regarding Pine Street snow removal and calculations of charges.
Council discussion.
COUNCIL ACTION: Continue the item to the first meeting in October.
Mt. Shasta City Council Regular Meeting October 14, 2024 5
10. Visit Mt Shasta Revised Proposal
Josh Thomas – Presentation of updated marketing proposal.
Clarifying questions from Council.
No public comment.
Council discussion.
COUNCIL ACTION: Continue the item to the first October meeting.
MOTION: Stearns
SECOND: Redmond
AYES: Redmond, Collings, Stearns, Stackfleth, Clure
NOES: None
ABSENT: None
ABSTAIN: None
11. Discussion and Possible Action: Municipal Code Amendment Chapter 12.34 Encroachments onto City Property
Jeff Mitchem, Planning Director – Review of staff report, suggested Ordinance amendments.
Clarifying questions from Council.
David Ream – Comments expressing concern about the safety of sidewalks.
Council discussion.
COUNCIL ACTION: Staff directed to continue the process of amending the Municipal Code.
MOTION: Stackfleth
SECOND: Clure
AYES: Redmond, Collings, Stearns, Stackfleth, Clure
NOES: None
ABSENT: None
ABSTAIN: None
12. Reports on Outside Meetings: None
13. Future Agenda Items (Appearing on the agenda within 60-90 days):
COUNCIL ACTION: Reviewed items a through f. No changes or additions. a. Discussion of Potential Purchase of Unpaved Parcels at 415 N. Chestnut – 10/2024 b. Objective Design Standards Presentation/Discussion – 10/28/2024 c. Amendment of Parklet Ordinance – 10/2024
d. Beautification Committee Presentation to Council – TBD e. Survey of Washington Avenue – 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
Future Agenda Items Over 90 Days:
14. Adjourn: There being no further business, the meeting was adjourned at 7:18 p.m.
Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk Mt. Shasta City Council Regular Meeting October 14, 2024 6 City Council Agenda Item #7b
Staff Report
Meeting Date: October 14, 2024
To: Mayor and City Council
From: Malisa Dodd, 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 $852,247.12.
Background & Summary:
Approval of Check Numbers 52841-52949 $ 534,807.17
Total Payroll Distribution $ 177,847.41
Total EFTPS – CalPERS, Nationwide, child support $ 58,636.60 Total Payroll EFTPS Taxes $ 80,955.94
$ 852,247.12
Financial Impact:
Expenditures are consistent with the Budget that the City Council has adopted.
Attachments:
1.) Check Registers – 9/20/24, 9/23/24, 9/26/24, 10/7/24
2.) ACH Payroll Distribution – 9/19/24, 10/3/24
3.) EFTPS Reports – Payroll/CalPERS - 9/19/24, 10/3/24
Regular
x Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting October 14, 2024 7 Mt. Shasta City Council Regular Meeting October 14, 2024 8 Mt. Shasta City Council Regular Meeting October 14, 2024 9 Mt. Shasta City Council Regular Meeting October 14, 2024 10 Mt. Shasta City Council Regular Meeting October 14, 2024 11 Mt. Shasta City Council Regular Meeting October 14, 2024 12 CalPERS Electronic Funds Transfer Date: 10/3/2024
CalPERS ID: 6941008066
Employer: City of Mt Shasta Fiscal Year: 2024/2025
Service Period:
9/16/2024 to 9/29/2024
Rate Plan Member Contributions 829.54
925 Employer Contributions 1,436.84
Miscellaneous Total $2,266.38
Rate Plan Member Contributions 221.89
926 Employer Contributions 507.57
Safety - Fire Total $729.46
Rate Plan Member Contributions 544.90
927 Employer Contributions 1,240.83
Safety - Police Total $1,785.73
Rate Plan Member Contributions 1,602.26
25861 Employer Contributions 1,603.42
Safety - Fire New Total $3,205.68
Rate Plan Member Contributions 2,687.24
25862 Employer Contributions 2,689.22
Safety - Police New Total $5,376.46
Rate Plan Member Contributions 4,762.58
27429 Employer Contributions 4,836.34
Miscellaneous New Total $9,598.92
Total $22,962.63
SIP Plan ID 450083 Member Contributions 1,925.00
Total $1,925.00
Grand Total $24,887.63
Amount
Paid
Contribution for 457 Supplemental Income Plan - CalPERS Contribution for Defined Benefit - CalPERS
Rate Plan Type Amount
Outstanding
Mt. Shasta City Council Regular Meeting October 14, 2024 13 Mt. Shasta City Council Regular Meeting October 14, 2024 14 CalPERS Electronic Funds Transfer Date: 9/19/2024
CalPERS ID: 6941008066
Employer: City of Mt Shasta Fiscal Year: 2024/2025
Service Period:
9/2/2024 to 9/15/2024
Rate Plan Member Contributions 829.54
925 Employer Contributions 1,436.84
Miscellaneous Total $2,266.38
Rate Plan Member Contributions 267.03
926 Employer Contributions 608.34
Safety - Fire Total $875.37
Rate Plan Member Contributions 601.98
927 Employer Contributions 1,368.26
Safety - Police Total $1,970.24
Rate Plan Member Contributions 1,683.67
25861 Employer Contributions 1,684.88
Safety - Fire New Total $3,368.55
Rate Plan Member Contributions 3,032.75
25862 Employer Contributions 3,034.95
Safety - Police New Total $6,067.70
Rate Plan Member Contributions 4,871.23
27429 Employer Contributions 4,946.70
Miscellaneous New Total $9,817.93
Total $24,366.17
SIP Plan ID 450083 Member Contributions 1,900.00
Total $1,900.00
Grand Total $26,266.17
Amount
Paid
Contribution for 457 Supplemental Income Plan - CalPERS Contribution for Defined Benefit - CalPERS
Rate Plan Type Amount
Outstanding
Mt. Shasta City Council Regular Meeting October 14, 2024 15 Mt. Shasta City Council Regular Meeting October 14, 2024 16 Mt. Shasta City Council Regular Meeting October 14, 2024 17 Accounts Payable
User:
Printed:
[email protected]
10/9/2024 1:56 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
52841 13222 ALLIANT INSURANCE SERVICES INC 09/20/2024 347.00 Total for 9/20/2024: 347.00
52842 15194 22ND AVENUE ENTERTAINMENT LOGISTICS 09/23/2024 3,475.00 52843 10229 AMAZON CAPITAL SERVICES 09/23/2024 2,801.77 52844 10338 APEX TECHNOLOGY MANAGEMENT 09/23/2024 13,469.72 52845 10374 ASBURY ENVIRONMENTAL SERVICES 09/23/2024 102.00 52846 10404 AT&T 09/23/2024 526.63
52847 10402 AT&T MOBILITY FIRSTNET 09/23/2024 1,908.12
52848 300126 Aveva Select 09/23/2024 4,010.00
52849 10431 AVTEC INC 09/23/2024 4,841.55
52850 300125 Barr Family Investments Inc 09/23/2024 394.45 52851 11146 BAXTER AUTO PARTS 09/23/2024 122.69
52852 11156 YOLANDE DIEDRE BELL 09/23/2024 320.80
52853 12200 CALIFORNIA SAFETY COMPANY 09/23/2024 225.00 52854 12213 CAL-ORE COMMUNICATIONS 09/23/2024 1,585.72
52855 12269 COMCAST 09/23/2024 409.96
52856 12677 COMMUNITY FIRST NATIONAL BANK 09/23/2024 13,829.79 52857 13064 DE LAGE LANDEN 09/23/2024 86.77
52858 13251 DEVELOPMENT COMPLIANCE SOLUTIONS 09/23/2024 9,477.50 52859 13224 DRY CREEK LANDFILL INC 09/23/2024 3,278.96
52860 300104 EXPRESS SERVICES INC 09/23/2024 331.00
52861 15010 FASTENAL COMPANY 09/23/2024 162.71
52862 15030 FERGUSON ENTERPRISES, INC. 09/23/2024 1,332.72 52863 34040 GOLD NUGGET PRINTING 09/23/2024 469.88
52864 16180 GREAT NORTHERN CORPORATION 09/23/2024 16,153.30 52865 17100 HEATON STEEL & SUPPLY 09/23/2024 554.88
52866 28280 HUE & CRY SECURITY SYSTEMS INC 09/23/2024 140.22 52867 18063 INTERSTATE BATTERY 09/23/2024 13.96
52868 20008 TODD JUHASZ 09/23/2024 274.70
52869 22140 KENNY & NORINE 09/23/2024 4,160.57
52870 22071 MENDES SUPPLY COMPANY 09/23/2024 171.41
52871 22343 MT. SHASTA POINT S TIRE & AUTO 09/23/2024 5,049.90 52872 22300 MT. SHASTA RECREATION & PARKS 09/23/2024 600.00 52873 28120 NAPA AUTO PARTS 09/23/2024 887.94
52874 23079 NOLL & TAM ARCHITECTS 09/23/2024 2,791.50
52875 23054 NORTHSTAR CHEMICAL INC 09/23/2024 6,997.18
52876 11140 PACE ANALYTICAL SERVICES LLC 09/23/2024 1,475.75 52877 25020 PACE ENGINEERING INC 09/23/2024 31,708.25
52878 25080 PACIFIC POWER & LIGHT 09/23/2024 81.81
52879 25198 CHARLES W PILLON 09/23/2024 8,601.53
52880 300086 PRI Management Group 09/23/2024 438.00
52881 26096 RAFTELIS 09/23/2024 4,717.50
52882 27154 RYAN VALUATION SERVICES 09/23/2024 12,000.00 52883 28372 SISKIYOU COUNTY ECONOMIC DEVELOPMENT COUNCIL 09/23/2024 3,000.00 52884 28378 SISKIYOU COUNTY GENERAL 09/23/2024 182.12
AP Checks by Date - Summary by Check Date (10/9/2024 1:56 PM) Page 1 Mt. Shasta City Council Regular Meeting October 14, 2024 18 Check No Vendor No Vendor Name Check Date Check Amount
52885 300124 Siskiyou Outdoor Recreation Alliance 09/23/2024 5,000.00 52886 28815 STERLING HEALTH ADMINISTRATION 09/23/2024 466.67 52887 29011 TEAMSTERS LOCAL 137 09/23/2024 2,017.16
52888 30004 U.S. BANK EQUIPMENT FINANCE 09/23/2024 343.80 52889 31023 VALLEY PACIFIC PETROLEUM 09/23/2024 10,052.77 52890 31050 VERIZON CONNECT FLEET USA LLC 09/23/2024 234.45 52891 31031 VESTIS 09/23/2024 690.97
52892 31040 VWR SCIENTIFIC 09/23/2024 116.26
52893 300085 William Grills Construction 09/23/2024 4,000.00 52894 34055 YREKA TRANSFER, LLC 09/23/2024 4,600.00
Total for 9/23/2024: 190,685.34
52895 10229 AMAZON CAPITAL SERVICES 09/26/2024 104.25
52896 11156 YOLANDE DIEDRE BELL 09/26/2024 160.40
52897 11327 BROOKE BOYER 09/26/2024 37.53
52898 13059 DAY WIRELESS SYSTEMS DAY MANAGEMENT CORP 09/26/2024 680.00 52899 11140 PACE ANALYTICAL SERVICES LLC 09/26/2024 457.45 52900 25080 PACIFIC POWER & LIGHT 09/26/2024 1,054.28
52901 28000 S.C.O.R.E. 09/26/2024 93,623.76
52902 30004 U.S. BANK EQUIPMENT FINANCE 09/26/2024 340.78 Total for 9/26/2024: 96,458.45
52903 300087 ALHAMBRA 10/07/2024 36.74
52904 10229 AMAZON CAPITAL SERVICES 10/07/2024 485.23
52905 10338 APEX TECHNOLOGY MANAGEMENT 10/07/2024 9,322.05 52906 11146 BAXTER AUTO PARTS 10/07/2024 21.44
52907 11156 YOLANDE DIEDRE BELL 10/07/2024 160.40
52908 300128 BLAIR, CHURCH & FLYNN CONSULTING ENGINEERS, INC. 10/07/2024 3,930.00 52909 11359 ALAN BROWNELL 10/07/2024 900.00
52910 12213 CAL-ORE COMMUNICATIONS 10/07/2024 3,514.12
52911 300130 City of Montague 10/07/2024 80.00
52912 12640 COLONIAL LIFE & ACCIDENT INSUR 10/07/2024 335.14 52913 12749 CORE PSYCHOLOGICAL CORPORATION10/07/2024 500.00 52914 17099 AMBER CORP 10/07/2024 400.00
52915 13071 DELTA HEALTH SYSTEMS 10/07/2024 40,605.00
52916 13210 DOOLEY ENTERPRISES 10/07/2024 463.66
52917 13224 DRY CREEK LANDFILL INC 10/07/2024 1,427.13
52918 15030 FERGUSON ENTERPRISES, INC. 10/07/2024 1,356.41 52919 16066 DANIEL GIACOMARO 10/07/2024 400.00
52920 16088 STEPHEN GOLDSBERRY 10/07/2024 900.00
52921 17100 HEATON STEEL & SUPPLY 10/07/2024 114.51
52922 17114 HIGHWAY SPECIALTY CO INC 10/07/2024 79.10
52923 18000 IDEXX LABORATORIES 10/07/2024 871.81
52924 20003 JONES CARPET CLEANING & JANITORIAL LLC 10/07/2024 800.00 52925 32184 KATHRYN JOYCE 10/07/2024 300.00
52926 20008 TODD JUHASZ 10/07/2024 2,238.14
52927 22140 KENNY & NORINE 10/07/2024 2,429.03
52928 300107 Laboratory Corporation of American Holdings10/07/2024 27.00 52929 22133 MEYERS POLICE K-9 TRAINING LLC 10/07/2024 700.00 52930 22343 MT. SHASTA POINT S TIRE & AUTO 10/07/2024 2,229.63 52931 22300 MT. SHASTA RECREATION & PARKS 10/07/2024 400.00 52932 28120 NAPA AUTO PARTS 10/07/2024 1,130.97
52933 24000 OFFICE DEPOT 10/07/2024 88.69
52934 11140 PACE ANALYTICAL SERVICES LLC 10/07/2024 888.41 52935 25080 PACIFIC POWER & LIGHT 10/07/2024 10,164.62
AP Checks by Date - Summary by Check Date (10/9/2024 1:56 PM) Page 2 Mt. Shasta City Council Regular Meeting October 14, 2024 19 Check No Vendor No Vendor Name Check Date Check Amount
52936 25198 CHARLES W PILLON 10/07/2024 8,704.42
52937 25160 POSTMASTER 10/07/2024 2,000.00
52938 27000 RAMSHAW'S ACE HARDWARE INC 10/07/2024 265.07 52939 300129 SHN CONSULTING ENGINEERS & GEOLOGISTS, INC. 10/07/2024 14,408.56 52940 28560 SISKIYOU OPPORTUNITY CENTER 10/07/2024 887.50 52941 32060 SOLANOS INC 10/07/2024 2,017.89
52942 28640 SOUSA READY MIX LLC 10/07/2024 1,026.43
52943 28660 SPRINGBROOK HOLDING COMPANY 10/07/2024 13,410.00 52944 28686 MICHAEL STASZEL DO 10/07/2024 125.00
52945 28740 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 10/07/2024 233.00 52946 28815 STERLING HEALTH ADMINISTRATION 10/07/2024 200.00 52947 28857 USA WASTE OF CALIFORNIA INC 10/07/2024 111,939.83 52948 31050 VERIZON CONNECT FLEET USA LLC 10/07/2024 199.45 52949 34055 YREKA TRANSFER, LLC 10/07/2024 4,600.00
Total for 10/7/2024: 247,316.38
Report Total (109 checks): 534,807.17
AP Checks by Date - Summary by Check Date (10/9/2024 1:56 PM) Page 3 Mt. Shasta City Council Regular Meeting October 14, 2024 20 Mt. Shasta City Council Regular Meeting October 14, 2024 21 From: Tri Counties Bank
To: Malisa Dodd
Subject: Tri Counties Bank - ACH Payment Status Change Notification Date: Wednesday, October 2, 2024 4:00:42 PM
ACH Notification
Report Date/Time 10/02/24 16:00:08 PDT
This transaction has been successfully completed.
Transaction Number: ACH-01394565
ACH Company: City Mt Shasta
Company Entry Description: ACHTRANS
Payment Date: 10/03/2024
Total Credits: $88,207.23 (53)
Total Debits: $0.00 (0)
Status: Completed
Mt. Shasta City Council Regular Meeting October 14, 2024 22 Siskiyou County
Auditor-Controller
AB2788 (Chapter 886/94)
Maintenance-of-Effort Certification Form
Name of City/County: _City of Mount Shasta__
Fiscal Year of Certification: 2024-2025
AB2788 Maintenance-of-Effort (MOE) Calculation:
Total Public Safety Adopted Budget __$1,435,741__________ (Amount of Line 4.1 from Form A)
Less: Public Safety MOE __$_342,478_______
(Amount of Line 3.2 from Form A)
Difference:
Over/(Under) AB2788 MOE Requirements __$1,093,263__________ Certification Statement:
I hereby certify that the City/County of _Mt Shasta_ __ is over/under (please circle one) the AB2788 Maintenance-of-Effort requirements concerning the use of Proposition 172 revenues in the amount of ___$1,093,263_________________. Forms A, B, and C are submitted in support of this calculation. Detailed records concerning this calculation are available upon request and will be retained.
Signature of City/County Official: _________________________________ Date signed: ____________________
Mt. Shasta City Council Regular Meeting October 14, 2024 23
SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF MT. SHASTA
AND
JEFFERSON ECONOMIC DEVELOPMENT INSTITUTE
FOR CITY OF MT. SHASTA COMMUNITY DEVELOPMENT BLOCK GRANT MT. SHASTA 2024 ECONOMIC DEVELOPMENT PROGRAM
THIS AGREEMENT, entered into on the execution date by and between the City of Mt. Shasta (herein called the “Grantee”) and Jefferson Economic Development Institute - JEDI (herein called the “Subrecipient”).
WHEREAS, the Grantee has grant funds from the State of California, Department of Housing and Community Development, State Community Development Block Grant Program (“the Department”) originating from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and, WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE
A. Activities
The subrecipient will be responsible for Program implementation of the CDBG Program Activity of the Microenterprise Technical Assistance program in a manner satisfactory to the Grantee and the State and consistent with any standards required as a condition of providing these funds upon HCD’s award of the Standard Agreement. Such program will include the following activities eligible under the Community Development Block Grant program and in accordance with Grantee’s adopted program guidelines.
PROGRAM IMPLEMENTAITON
Activity #1: Microenterprise Technical Assistance Program Subrecipient will be responsible for providing individual business consultations, workshops and classes designed to provide technical assistance that helps qualifying individuals start and grow micro businesses and create jobs for themselves and others.
Qualified participants include individuals starting or operating a business located in the 96067 Zip Code per Mt. Shasta’s Economic Development Guidelines while following all HCD and HUD guidelines. Major tasks are but not limited to:
• Conducting marketing and outreach regarding TA services and loan products available
• Develop and deliver technical assistance in the form of individual business consultations, workshops and classes (both online and in-person) on all topics related to business development such as financial management, HR, business planning, forecasting, budgeting, leadership, credit-building and so much more. • Communications with potential clients
• Providing appropriate intake to collect baseline demographic data Mt. Shasta City Council Regular Meeting October 14, 2024 24 • Assess client’s business status and goals and create a plan • Collaborate with GNS regarding Microenterprise Business Grant and Business Loans Funds
• Maintain client applications and files for reporting
B. National Objectives
All activities funded with CDGB funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons (LMI); aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. This activity will meet the National Objective of benefit to low- and moderate-income persons.
The Subrecipient certifies that the activities carried out under this Agreement will meet the low- and moderate-income persons benefit. For the business financial assistance program to meet the National Objective of low-moderate income benefit, at least 51% of the jobs created and/or retained must be provided to low-mod persons. For the microenterprise financial assistance program all owners or potential owners of businesses must be qualified as low- and moderate-income persons. A low- and moderate-income person is a person whose household income does not exceed 80% of the county median household income. For the Microenterprise Technical Assistance program, all qualifying participants must be of low income and within the 96067 zip code.
C. Levels of Accomplishment – Goals and Performance Measures The Subrecipient agrees to provide the following levels of program services:
• Prepare reports and upload to eCivis to ensure contract compliance. • Provide outreach and marketing to potential CDBG Microenterprise Technical assistance beneficiaries
• Provide screening to ensure eligibility
• Deliver one-on-one technical assistance, classes and workshops (in person and online) in the areas of business development and financial capacity-building • Assist in the readiness for grant loan applications
• Assist in the acquisition of capital
Activity Outcomes (24 months)
Qualified Clients Served 200
New biz started 20
Jobs Created & Retained 400
Financing events (Grants & Loans) 20
Total $ Value of financing $125,000
D. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a Mt. Shasta City Council Regular Meeting October 14, 2024 25 reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated.
The Subrecipient certifies that the activities carried out under this Agreement will meet the National Objective for the given program.
Changes to the program scope of services, schedule or budget contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by both the Subrecipient and Grantee, with Department notification. If the budget amendment requires a formal grant amendment with the Department, then the Grantee will have Department approval of the change before amending this Agreement.
II. TIME OF PERFORMANCE
Services of the Subrecipient will commence upon HCD’s award date of the Standard Agreement and will end at the completion of the Standard Agreement, unless terminated in accordance with the provision of Part VI. General Conditions (H) of this agreement or as otherwise provided herein.
III. BUDGET
Subrecipient will receive a direct reimbursable payment for services rendered and based on a budget including direct expenses of salaries, supplies, mileage, benefits, taxes, etc. and direct cost pooled expenses. Subrecipient will charge the standard IRS mileage rate for all travel and invoice direct reimbursement for materials and supplies.
If indirect costs are charged, Subrecipient will receive the deMinimus rate of 10%. An indirect cost allocation plan for determining the appropriate Subrecipient share of administrative costs maybe be developed and submitted by Grantee for approval, in a form specified by the City.
General Administration: GNS $40,000.00
Activity Delivery: GNS $60,000.00
Activity: Business Loans $210,000.00
Activity: Microenterprise Loans/Grants $200,000.00
Activity: Technical Assistance – JEDI $250,000.00
Total Budget for 3 years $760,000.00
JEDI Budget for 3 years $250,000.00
Subrecipient will invoice for the actual work performed at our cost (i.e. salaries, benefits, travel, direct pooled costs) which will not exceed the total budget.
Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(1) of this Agreement. In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient.
Mt. Shasta City Council Regular Meeting October 14, 2024 26 IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $250,000.00 for a three-year period which includes using the Activity of the standard agreement as described in the Scope of Services.
Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 2 CFR 200.302.
V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract representatives:
Grantee Subrecipient
Malisa Dodd Nancy T. Swift
City of Mount Shasta Jefferson Economic Development Institute 305 N. Mt Shasta Blvd 205 Chestnut Street
Mount Shasta, CA 96067 Mount Shasta, CA 96067
(530) 926-7523 (530) 926-6670 ext. 102
[email protected] [email protected]
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract including 2 CFR Appendix II to Part 200 “Contract Provisions for Non-Federal Entity Contracts under Federal Awards”. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
B. “Independent Contractor”
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an “independent contractor” with Mt. Shasta City Council Regular Meeting October 14, 2024 27 respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement.
D. Workers’ Compensation
The Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.
E. Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee.
The Subrecipient shall comply with the bonding and insurance requirements of 2 CFR 200.310 and 200.326, Bonding and Insurance.
F. Grantee Recognition
The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.
G. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Department and the Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient.
H. Suspension or Termination
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following:
Mt. Shasta City Council Regular Meeting October 14, 2024 28
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or,
4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety.
I. Debarment & Suspension
Subrecipient shall be eligible to receive CDBG funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors. Subrecipient shall furnish proof of being eligible to receive federal funding which will become an attachment to this Agreement.
In addition, the Subrecipient must comply with 24 CFR Part 2424 and shall not enter into any agreement, written or oral, with any contractor or subrecipient without the prior determination that the contractor or subrecipient is eligible to receive CDBG funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors.
J. Drug Free Work Place
Subrecipients shall comply with the Drug-Free Workplace Act of 1988 and shall submit their policy so it becomes an attachment to this Agreement.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 2 CFR 200 Subpart E and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
2. Cost Principles
Mt. Shasta City Council Regular Meeting October 14, 2024 29 The Subrecipient shall administer its program in conformance with 2 CFR Part 200 as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
f) Financial records as required by 24 CFR 570.502, and 2 CFR 200 Subpart E; and
g) Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
2. Retention
The Subrecipient shall retain copies of all the CDBG activity related financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of five (5) years after expiration of this Agreement.
Subrecipient must transfer all CDBG Program-related records to the Grantee with 30 days after termination of this Agreement. The retention period includes finalization of the submission of the Grantee’s annual performance and evaluation report to the Department in which the activities assisted under this Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later.
3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. Subrecipient must transfer all CDBG Program-related records to the Grantee with 30 days after termination of this Agreement.
4. Disclosure
The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected Mt. Shasta City Council Regular Meeting October 14, 2024 30 with the administration of the Grantee’s or Subrecipient’s responsibilities with respect to services provided under this contract, is prohibited by the Privacy Act of 1974 unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Closeouts
The Subrecipient’s obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has engaged in any activities making use of CDBG funds, including program income.
Subrecipient must transfer all CDBG Program-related records to the Grantee with 30 days after termination of this Agreement.
6. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and 2 CFR Part 200.
C. Reporting and Payment Procedures
1. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient’s share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee.
2. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. Payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient.
3. Progress Reports
The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee.
D. Procurement
Mt. Shasta City Council Regular Meeting October 14, 2024 31
1. Compliance
The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein.
All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement.
2. 2 CFR 200
Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-200.327.
3. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR 200 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
2. Real property under the Subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement. If the Subrecipient fails to use CDBGassisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period.
3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment].
Mt. Shasta City Council Regular Meeting October 14, 2024 32 VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBGassisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences.
IX. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable nondiscrimination provisions in Section 109 of the HCDA are still applicable.
3. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate.
4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Mt. Shasta City Council Regular Meeting October 14, 2024 33 which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
2. Women- and Minority-Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
3. Access to Records
The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Subrecipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. Additional State of California Requirements regarding the State Equal Opportunity provisions are contained in Attachment A.
Mt. Shasta City Council Regular Meeting October 14, 2024 34
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.
2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.
3. “Section 3” Clause
a) Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors.
Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement Mt. Shasta City Council Regular Meeting October 14, 2024 35 through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement:
“The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.”
The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very lowincome participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs.
The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b) Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c) Subcontracts: The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract Mt. Shasta City Council Regular Meeting October 14, 2024 36 upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee.
2. Subcontracts
a) Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b) Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to ensure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c) Content: The Subrecipient shall cause all provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.
d) Selection Process: The Subrecipient shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process.
3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.
4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 2 CFR 200.112 and 570.611, which include (but are not limited to) the following:
a) The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b) No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, is involved.
Mt. Shasta City Council Regular Meeting October 14, 2024 37 c) No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.
5. Lobbying
The Subrecipient hereby certifies that:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and
c) It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
d) Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
6. Copyright
If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and Mt. Shasta City Council Regular Meeting October 14, 2024 38 irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes.
7. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.
X. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C., 7401, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; • Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B.
Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Mt. Shasta City Council Regular Meeting October 14, 2024 39 Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.
XI. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.
XII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
XIII. WAIVER
The Grantee’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
XIV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement.
SIGNATURES ON NEXT PAGE
Mt. Shasta City Council Regular Meeting October 14, 2024 40 IN WITNESS WHEREOF, the Parties have executed this Agreement as of:
Date: __September 25, 2024_________
City of Mt. Shasta Jefferson Economic Development Institute
________________________________ _________________________ Todd Juhasz Nancy T. Swift
City Manager Executive Director
Mt. Shasta City Council Regular Meeting October 14, 2024 41 RESOLUTION CCR-24-XX
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS, DRUG ADDICTION,
AND THEFT REDUCTION ACT
WHEREAS, While Prop 47 achieved notable success in making California’s criminal justice system more equitable, Prop 47 has also led to unintended consequences over the past decade; and
WHEREAS, Prop 47 has contributed to increases in repeat and often organized retail theft, the shuttering of local businesses, and difficulty convincing people to seek drug and mental health treatment; and
WHEREAS, These unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Prop 47; and
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bipartisan measure that provides common sense, targeted reforms to Prop 47 that, with the recently adopted legislative Retail Theft Package, provide more tools to increase safety in our communities; and
WHEREAS, Spikes in retail theft, violent smash-and-grab robberies, fentanyl deaths and illicit drug use, as well as strained social services, are creating challenges beyond the capacity of local governments; and
WHEREAS, Cities are partnering with the state to advance solutions that help reduce crime and provide more support to residents struggling with substance abuse, while avoiding a return to the days of mass incarceration; and
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers; and WHEREAS, Breaking the cycle of repeat offenders means addressing the many root causes of retail theft; and
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act allows critical behavioral health services, drug treatment, and job training within our justice system for Mt. Shasta City Council Regular Meeting October 14, 2024 42 people who are homeless and suffering from mental illness or struggling with substance abuse; and
WHEREAS, It’s time for meaningful and tailored reforms to our justice system to ensure the safety of our communities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mt. Shasta, that the City Council formally expresses support for Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act and the benefit that it provides for our community’s safety.
The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the City of Mt. Shasta on the 14th day of October 2024 by the following vote:
AYES: NOES: ABSENT:
ABSTAIN:
DATED: October 14, 2024
ATTEST: CITY OF MT. SHASTA
__________________________________ ________________________________ Kathryn Joyce, Deputy City Clerk John Stackfleth, Mayor Mt. Shasta City Council Regular Meeting October 14, 2024 43 Drug and Mental Health Treatment Fact Sheet
Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, is on the November 2024 ballot and incentivizes people with serious drug addictions to fentanyl, meth, heroin, cocaine, or PCP to receive drug and mental health treatment. Prop 36 takes a compassionate approach and provides accountability needed to help people turn their lives around.
Background
After the passage of Proposition 47, the use of drug courts was severely diminished since repeat drug offenders had little incentive to complete treatment. This is due to the change in law that whether you were arrested 50 times or three times for drug possession, the charge could at most be a simple misdemeanor. Misdemeanors are nearly always just citations and result in very little, if any, jail time, which created a disincentive to participate in drug treatment that could last for up to 12 or more months.
Addressing drug addiction is critical for helping the individual and improving public safety. An in-depth data analysis of crime statistics sampling from four counties showed that the rate of chronic drug offenders who committed three or more drug offenses more than doubled after Prop 47 passed and that approximately 60% of drug offenders also committed theft offenses.
How Prop 36 Will Make a Difference
Prop 36 restores drug courts and ensures there is accountability to complete treatment.
• Prop 36 creates a “treatment-mandated felony” if a person possesses a hard drug (meth, fentanyl, heroin, cocaine or PCP) and has two prior convictions for drug-related offenses.
• People with two or more prior convictions for drug-related offenses have the option of utilizing a drug court and participating in and completing drug and mental health treatment instead of county jail. A drug addiction expert will conduct a substance abuse and mental health evaluation before treatment begins. Those who successfully complete drug and mental health treatment can have the charge fully expunged. • A treatment program may also include job training and other conditions that a judge finds appropriate for a successful outcome. • Research from the Office of National Drug Control Policy under the Obama Administration showed every $1 spent on drug courts yields $2 in savings in the criminal justice system, and 84% of drug court graduates were not re‐arrested and charged with a serious crime in the first year after graduation.
Mt. Shasta City Council Regular Meeting October 14, 2024 44 • A UC San Francisco study completed before Prop 47 showed drug court participants who graduated their programs had reduced re-arrest rates of up to 54%.
Highly Incentivized Drug Treatment Works
Research shows that the highly incentivized treatment approach used by Prop 36 works.
• A University of Pennsylvania study demonstrated that court-ordered offenders were over ten times more likely to complete treatment than those who entered treatment voluntarily, showing that court-mandated treatment can be effective.
• Another study from researchers at the UCLA Drug Abuse Research Center found that “empirical studies have largely supported the use of coercive measures to increase the likelihood of an offender’s entering and remaining in treatment.”
• Prop 36’s treatment-mandated felony helps ensure that those who have a substance use disorder have a strong incentive to participate in and complete drug treatment.
Funding Available
Prop 36 builds on reforms that are already underway to provide services for substance abuse and mental health.
• Prop 36 leverages existing programs within Medi-Cal–which receives the majority of its funding from the federal government–to keep costs affordable to the state.
• Medi-Cal is currently implementing the Cal-AIM program, which creates a more cohesive and integrated behavioral health care system to treat substance abuse and mental illness, ensuring that offenders under Prop 36 receive appropriate levels of care.
• Voters also recently passed Proposition 1, which will expand facilities providing mental health care and substance abuse treatment. • Prop 36 also allows for treatment programs funded by Medicare to be utilized along with other pre-existing criminal justice programs for mental health and substance abuse treatment.
Ad paid for by Yes on Prop 36 - Californians for Safer Communities, sponsored by Golden State Communities
Ad Committee’s Top Funders
Walmart
Target
Home Depot USA
Funding details at www.fppc.ca.gov
Mt. Shasta City Council Regular Meeting October 14, 2024 45 Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act This bi-partisan measure provides commonsense, targeted reforms to Prop 47 that legislative proposals alone are unable to deliver.
Addresses Organized and Serial Retail Theft
Rampant retail theft is harming businesses and residents in California because those who commit these crimes know they’ll get away with it, even if they’re caught. Prop 36 will hold repeat offenders accountable for the safety of our communities, rather than putting them back on the streets. n Classifies repeated theft as a felony for individuals who steal less than $950 if they have two or more prior theftrelated convictions n Allows stolen property values from multiple thefts to be combined so repeat offenders can be charged with a felony if the total exceeds $950, countering tactics by career criminals to avoid harsher penalties n Authorizes judges to impose an enhanced penalty when an offender steals, damages, or destroys property by participating in organized theft with two or more offenders or by causing losses of $50,000 or more Confronts the Fentanyl Crisis in Our Communities
The fentanyl crisis has reached alarming levels, and is now responsible for 20 percent of youth deaths in California. Prop 36 will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers.
n Adds fentanyl to the list of hard drugs — such as heroin, cocaine, and methamphetamine — that are illegal to possess with a firearm and authorizes greater consequences for selling deadly quantities n Enables stricter penalties for dealers whose trafficking causes death or serious injury, and warns traffickers of potential murder charges if continued drug trafficking results in fatalities Whether it’s rampant retail theft causing neighborhood store closures and higher prices for working families, or the growing epidemic of fentanyl overdoses, Californians can’t afford half-measures when it comes to addressing these pressing issues.
Passed in 2014, Prop 47 achieved notable success in making California’s criminal justice system more equitable.
However, it led to unintended consequences over the past decade — repeat and often organized retail theft, inner-city store closings, and difficulty convincing people to seek drug and mental health treatment — that can only be corrected by the voters at the ballot box with modest amendments to Prop 47.
It’s time for meaningful reforms to our justice system, including to Prop 47, that ensure our communities are safe.
Smash-and-Grab Thefts. Skyrocketing Drug Addiction.
More Dangerous Communities.
Mt. Shasta City Council Regular Meeting October 14, 2024 46 Prioritizes Mental Health and Drug Treatment
Breaking the cycle of repeat offenders means addressing the many root causes of retail theft. Prop 36 provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse.
n Enacts a new class of crime called a “treatment-mandated felony” where offenders with multiple hard drug possession convictions would be given the option of participating in drug and mental health treatment in lieu of incarceration
n Allows offenders who successfully complete drug and mental health treatment to avoid jail time and have the charge fully expunged “The Homelessness, Drug Addiction, and Theft Reduction Act will make targeted but impactful changes to our laws around fentanyl and help us tackle the chronic retail theft that hurts our retailers, our workers, and our cities. I fully support the initiative and know it will make a meaningful difference for cities across California.” ~ Mayor London Breed, San Francisco
“Small businesses are some of the biggest victims of rampant retail theft driving community businesses out of neighborhoods across California. We need commonsense reforms to ensure repeat criminals are held accountable and small businesses do not continue to pay the price for inaction.” ~ Julian Canete, President and CEO
California Hispanic Chambers of Commerce
“Retail theft disproportionately affects communities of color, exacerbating economic disparities and hindering progress. Prop 36 is about restoring commonsense accountability measures that will make our streets safer and stop the rampant retail theft that has plagued too many neighborhoods across California.” ~ Joe Coto, President
United Latinos Action
Ad paid for by Yes on Prop 36 - Californians for Safer Communities, sponsored by Golden State Communities
Ad Committee’s Top Funders
Walmart
Target
Home Depot USA
Funding details at www.fppc.ca.gov
National Action Network, LAX
National Diversity Coalition
California Black Chamber of Commerce
Family Business Association of California
Mothers in Grief Support Group
* Partial List
We All Agree:
YES on Prop 36
JOIN THE
COALITION
TODAY!
CASafeCommunities.org
Mt. Shasta City Council Regular Meeting October 14, 2024 47
COMMUNITY DEVELOPMENT BLOCK GRANT
MT. SHASTA 2024 ECONOMIC DEVELOPMENT PROGRAM
MEMORANDUM OF UNDERSTANDING
BETWEEN
The City of Mt. Shasta, County of Siskiyou, and Great Northern Services, and the Jefferson Economic Development Institute (JEDI) for program management and implementation of an Economic Development Program funded by the Community Development Block Grant program.
THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as “MOU”) is made and entered into this __ day of _____, 2024 by and between the City of Mt. Shasta (hereinafter, “City”), The County of Siskiyou (hereinafter, “County”), and the subrecpient, Jeffereson Economic Development Institute (hearinafter “JEDI”) and the subrecipient, Great Northern Services (herinafter, “GNS”).
The purpose of this MOU is to establish the terms and conditions under which the City will operate an Economic Development Program, specifically the Mt. Shasta 2024 Economic Development Program (hereinafter, “Program”), funded by the Community Development Block Grant (hereinafter, “Grant”), administered by the State of California Department of Housing and Community Development (hereinafter, “HCD”). The Program will directly benefit Microenterprise Businesses who have Low to Moderate Income owners or employees, and Businesses who will create or retain jobs for low to Moderate Income individuals, in the city of Mt. Shasta and in the 96067 zip-code area of Siskiyou County; to be administered and implemented by GNS and JEDI.
WHEREAS, the California Department of Housing and Community Development has announced the availability of funds for Economic Development Programs through the 2024 Notice of Funding Availability; and
WHEREAS, the City is an eligibile non-entitlement jurisdiction that is in compliance with existing HCD Program monitoring, award agreements, debarments, and Housing Element requirements; and WHEREAS, under the provision of said CDBG Grant application, the City will be applying for a grant to provide Microenterprise Assistance through grant and loans, Microenterprise Technical Assistance and Business Assistance loans to businesses located in the City and in the 96067 zip-code area of the County who meet the National Objective and provide Public Benefit of the CDBG program; and WHEREAS, the City would like to conduct the Program in the 96097 zip-code portion of the County jurisdiction because of the importance and influence those businesses have on the City and in the County; and
WHEREAS, participating in this MOU is advantageous to the County as it provides assistance to businesses in 96067 zip-code portions of the County where there are currently no similar services; and Mt. Shasta City Council Regular Meeting October 14, 2024 48 WHEREAS, the City will be the sole applicant to apply for a Grant application for Economic Development with JEDI and GNS as the subrecipients; and
WHEREAS, the City, County, JEDI and GNS desire to participate in this MOU.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE TO TERMS AND RESPONSIBILITIES AS FOLLOWS:
1. This MOU shall become effective upon the date last signed and executed by the duly authorized representatives of the Parties to this MOU and the governing bodies of the Parties’ respective jurisdictions and shall remain in full force and effect for the period of an executed agreement between the City and HCD. Parties included in this MOU may withdraw or terminate their participation at any time upon ninety (90) days written notice to all participating Parties and without severing or modifying the participation of the remaining Parties.
2. If awarded funds, the County agrees that GNS will administer and implement, and JEDI will implement on behalf of the City the Program in their jurisdiction to assist Microenterprise Businesses and other Businesses who qualify per CDBG guidelines.
3. If awarded funds, the County will not be financially responsible for or beholden to the standard agreement between the City and HCD.
4. The County agrees to allow the City, JEDI and GNS to conduct the Program in the County’s jurisdiction without hinderance or obligation to the City.
5. As the applicant, the City shall:
a. Agree to submit the Grant application and will be the Grant recipient responsible to administer the Grant, be accountable to HCD for proper expenditure of the funds and will be the point of contact for MOU Parties.
b. Develop subrecipient agreements with GNS and JEDI, subrecipients, to prepare the application and conduct regular administration, management, and implementation of the Grant.
6. As a subrecipient, GNS shall:
a. Provide appropriate, qualified staff to implement and manage the Scope of Work as described in the subrecipient agreement, and will incur the costs of salaries, benefits, use of equipment and expenses related to eligible activity delivery costs.
7. As a subrecipient, JEDI shall:
a. Provide appropriate, qualified staff to implement and manage the Scope of Work as described in the subrecipient agreement, and will incur the costs of salaries, benefits, use of equipment and expenses related to eligible activity delivery costs.
Mt. Shasta City Council Regular Meeting October 14, 2024 49
GENERAL PROVISIONS
A. Amendments. Either Party may request changes to this MOU. Any changes, modifications, revisions or amendments to this MOU which are mutually agreed upon by and between the Parties to this MOU shall be incorporated by written instrument, and effective when executed and signed by all Parties to this MOU.
B. Applicable Law. The construction, interpretation and enforcement of this MOU shall be governed by the laws of the State of California. The courts of the State of California shall have jurisdiction over any action arising out of this MOU and over the Parties, and the venue shall be Siskiyou County Superior Court in Siskiyou County, California.
C. Entirety of Agreement. This MOU represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations and agreements, whether written or oral.
D. Severability. Should any portion of this MOU be judicially determined to be illegal or unenforceable, the remainder of the MOU shall continue in full force and effect, and either Party may renegotiate the terms affected by the severance.
E. Sovereign Immunity. The County of Siskiyou, the City of Mt. Shasta, Jefferson Economic Development Institute and Great Northern Services and their respective governing bodies do not waive their sovereign immunity by entering into this MOU, and each fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this MOU.
F. Third Party Beneficiary Rights. The Parties do not intend to create in any other individual or entity the status of a third-party beneficiary, and this MOU shall not be construed to create such status.
The rights, duties and obligations contained in this MOU shall operate only between the Parties to this MOU and shall incur solely to the benefit of the Parties to this MOU. The provisions of this MOU are intended only to assist the Parties in determining and performing their obligations under this MOU. The Parties to this MOU intend and expressly agree that only Parties signatory to this MOU shall have any legal or equitable right to seek to enforce this MOU, to seek any remedy arising out of a party’s performance or failure to perform any term or condition of this MOU, or to bring an action for the breach of this MOU.
G. CDBG Program Terms and Conditions. The Parties agree that the City of Mt. Shasta will administer all funding and activities identified in this MOU in compliance with the Standard Agreement executed with HCD for said activities and funding. The Parties agree that the City of Mt.
Shasta shall be the sole applicant and executor of the HCD’s Standard Agreement. It is the responsibility of the Parties to this MOU to communicate and transfer performance and regulatory requirements to applicable Parties, including contractors and subrecipients. Failure to administer funds and or activities in accordance with HUD regulations, and the terms and conditions identified in the applicable Standard Agreement will result in performance penalties toward the City of Mt.
Shasta, and may result in repayment of expended CDBG funds in the event that the costs were Mt. Shasta City Council Regular Meeting October 14, 2024 50 determined to be ineligible, or that the funds failed to meet a National Objective, as identified in title 42 of United States Code, Section 5301 and title 24 of the Code of Federal Regulations section 570.483.
IN WITNESS WHEREOF, the Parties to this MOU through their duly authorized representatives have executed this MOU on the days and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein.
COUNTY OF SISKIYOU
BY: ____________________________________________ DATE: ___________________ Rick Dean, Director of Community Development
CITY OF MT. SHASTA
BY: ____________________________________________ DATE: ___________________ Todd Juhasz, City Manager
JEFFERSON ECONOMIC DEVELOPMENT INSTITUTE
BY: ____________________________________________ DATE: ___________________ Nancy T. Swift, Executive Director
GREAT NORTHERN SERVICES
BY: ____________________________________________ DATE: ___________________ Marie-Josée Wells, Executive Director/CEO
Mt. Shasta City Council Regular Meeting October 14, 2024 51 Department Statistics
Calls for Service September 2023 September 2024 Change
740 780 +5.40%
Cases Taken September 2023 September 2024 Change
45 40 -11.11%
Arrests Made September 2023 September 2024 Change
20 14 -30%
740
851 745 669 721 640 744 825
956 941 973
808 780
0 200
400
600
800
1000
1200
Calls for Service
Calls for Service
45 48 46
34 39 34
66 36
49 45
58 66
40 0
20 40
60 80
Cases Taken
Cases Taken
20 20 20
13 19 16 17 18 21 21 19
31 14
0 10
20 30
40 Arrests Made
Arrests Made
Mt. Shasta City Council Regular Meeting October 14, 2024 52 Warrant Arrests September 2023 September 2024 Change
1 5 +400%
Top 5 Calls
September 2023 September 2024
Outside Assist 35 Outside Assist 43
Trespassing 30 Trespassing 35
Public Assist 25 Out w/a Vehicle 24
Suspicious Circumstances 22 Medical 23
Check Welfare- Person 20 Animal Complaint 21
1 8
4 4
6 3
7 11
7 8
7 10
5 0
2 4
6 8
10 12
Warrant Arrests
Warrant Arrests
0 5 10 15 20 25 30
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
9/1/2024
Yearly Top 5 Calls August 2023-2024
Animal Complaint Disturbing the Peace Suspicious Circumstances Suspicious Vehicle Suspicious Person Mt. Shasta City Council Regular Meeting October 14, 2024 53 Crime Statistics
Crimes
September
2023
September
2024 Change
September 2023-
September 2024 Yearly
Total
Assault – Physical 6 6 0 43
Assault – Verbal 0 0 0 1
Disturbing the Peace 12 12 0 185
Domestic Disturbance 1 0 -100% 15
Domestic Violence 0 2 +200% 17
Fraud 1 1 0 10
Public Intoxication 4 1 -75% 33
Stolen Vehicle 2 0 -200% 8
TC Hit & Run 0 3 +300% 18
Theft from Vehicle 0 0 0 3
Theft – Grand 0 1 +100% 9
Theft – Petty 6 3 -50% 60
Theft – Shoplifting 0 0 0 0
Trespassing 30 35 +16.66% 279
Vandalism 6 13 +116.66% 58
6 2 1
3 2
7 1
4 2 3 42
6 0
5 10
Assault - Physical
Assault - Physical
0 1
0 0 0 0 0 0 0 0 0 0 0 0
0.5 1
1.5 Assault - Verbal
Assault - Verbal
12 16 19
5 13 17
7 11 15 18
25 15 12
0 10
20 30
Disturbing the Peace
Disturbing the Peace
Mt. Shasta City Council Regular Meeting October 14, 2024 54 1 0 0 0 0 0 1 0
7 0 1 1 0 0
5 10
Domestic Disturbance
Domestic Disturbance
0 0
2 1
0 1
3 1 1 1 1
4 2
0 2
4 6
Domestic Violence
Domestic Violence
1 4
0 0
1 1
0 0 0
1 1
0 1 0
2 4
6 Fraud
Fraud
4 2
1 2
1 3
4 2
4 1
4 4
1 0
2 4
6 Public Intoxication
Public Intoxication
2 0 0
1 2
0 0
1 0 0
2 0 0 0
1 2
3 Stolen Vehicles
Stolen Vehicles
Mt. Shasta City Council Regular Meeting October 14, 2024 55 0 1
2 3
1 2 2
1 0
1 0
2 3
0 2
4 Traffic Collisions - Hit & Run
Traffic Collisions - Hit & Run
0 2
0 1
0 0 0 0 0 0 0 0 0 0
1 2
3 Theft from Vehicle
Theft from Vehicle
1 0 0 0 0 0
2 0 0
1 1
2 2
0 1
2 3
Theft - Grand
Theft - Grand
6 1
7 4 3 2
8 2
5 10
6 3 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
Mt. Shasta City Council Regular Meeting October 14, 2024 56 30 19 17 19 17 20 18
6 9
17 34 38 35
0 20
40 Trespassing
Trespassing
6 55
22 7
2 3
5 7
1 0
13 05
10 15
Vandalism
Vandalism
Mt. Shasta City Council Regular Meeting October 14, 2024 57 Traffic Summary
September 2023 September 2024 Change
Traffic Stops 65 120 +84.61%
Traffic Citations Issued 13 9 -30.76%
Traffic Collisions
September
2023
September
2024
Change September 2023-
September 2024
Yearly Total
TC – DUI 0 0 0% 1
TC – Hit & Run 0 3 +300% 18
TC – Info Exchange 7 2 -71.42% 50
TC - Injury 1 0 -100% 10
Total 8 5 -37.5% 79
65 97 101 99 99 109
171
203
152 134
114 121 120
13 5 11 8 8 10 17 19 25 26 20 27
0 9
50 100
150
200
250
Traffic Stops
11-95 Traffic Citations Issued
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 3
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 0
1 2
3 4
5 6
7 8
9 Traffic Collisions
TC - DUI Hit & Run TC - Info Exchange TC - Injury
Mt. Shasta City Council Regular Meeting October 14, 2024 58 Traffic Accident Location Summary
09/03/2024 TC Information Exchange 709 S Mt Shasta Blvd. No injuries, case taken for property damage.
09/05/2024 TC Hit & Run 800 Rockfellow Dr No injuries.
09/06/2024 TC Hit & Run 106 Alpine St. No injuries.
09/16/2024 TC Hit & Run 1121 S Mt Shasta Blvd. No injuries. Case Taken. 09/24/204 TC Information Exchange 709 S Mt Shasta Blvd. No injuries, parties exchanged information.
DUI Summary
September 2023 September 2024 Change
DUI Complaints NA NA NA
DUI Arrests 4 0 -100%
* DUI Complaints no longer tracked in new CAD system as of 11/01/2022. 4 5
3 4
0 2
3 2 2
0 0
7 0 0
2 4
6 8
DUI Summary
DUI Complaints DUI Arrests
Mt. Shasta City Council Regular Meeting October 14, 2024 59 Patrol Information
Foot Patrol
September 2023 September 2024 Change September 2023-Septembe 2024 Yearly Total
28 15 -46.42% 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.
28 18 20 22 27 22 16 23
53 33 31 28
15 0
20 40
60 Foot Patrol
Foot Patrol
Mt. Shasta City Council Regular Meeting October 14, 2024 60 Municipal Summary
Municipal Calls for Service
September 2023 September 2024
September 2023-
September 2024
Yearly Total
Muni Code – Other 2 14 113
Muni Code - Parking 27 8 155
Total 29 22 268
LiveScans September 2023 September 2024
12 14
Court Activity
2 10
6 2 4
11 11
15 3
7 20
8 14
27 7 5 3 5
11 5
11 17 15 17
10 22
0 5
10 15
20 25
30 Municipal Calls for Service
Muni Code - Other Muni Code - Parking
3 8
2 2 4
1 1
5 5
0 2 3 4
0 10
Court Activity
Court Activity
Mt. Shasta City Council Regular Meeting October 14, 2024 61 Social Media
Facebook
Followers Posts Reach Engaged Users Reactions
12,583 17 17,960 8,161 1279
Twitter
Followers Tweets Impressions Mentions
400 0 0 0
Instagram
Followers Posts Likes
2150 10 203
Nextdoor
Posts Impressions Reactions
0 0 0
Mt. Shasta City Council Regular Meeting October 14, 2024 62 City Council Agenda Item #8
Staff Report
Meeting Date: 10/14/2024
To: Mayor and City Council
From: Todd Juhasz, City Manager
Subject: Visit Mt Shasta
Recommended Action: Consider proposals from three groupsthat wish to provide digital marketing on behalf of the City of Mt Shasta.
Background:
At the August 23rd Council meeting, three groups presented their proposals for the provision of digital marketing services on behalf of the City.
Tragically Glib, Deysi Faeth/Christopher Parnell, and Josh Thomas (the incumbent) proposed. Since this meeting, an outside expert named Nick Deck provided constructive criticism on each of the approached outlined.
In September, Council suggested that Josh Thomas should contact Nick Deck to see if he was available to provide ongoing guidance. This guidance provided by Council presumed that the City would continue with Josh without taking a formal vote on which group had the most compelling proposal.
On September 23rd, Josh presented the revised proposal to Council. Then, Councilmember Stearns pointed out that no formal vote was ever taken to determine the winning proposal.
Since the September 23rd meeting, each of the originally presenters were called and contact information for Nick Deck was provided to each presenter. The only response received by the City has been from Josh Thomas who has submitted a revised proposal to include the services of Nick Deck. That proposal is part of the agenda packet.
X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting October 14, 2024 63
MARKETING
Prepared by:
Josh Thomas
PROPOSAL
Mt. Shasta City Council Regular Meeting October 14, 2024 64
PROJECT
I am pleased to present my marketing proposal for the
upcoming year from July 9th 2024 - July 8th 2025. Over the past two years, I have had the privilege of handling the marketing efforts for Visit Mt. Shasta, which have significantly boosted Mt. Shasta's visibility, tourism, and community engagement.
We have achieved notable successes, including effective promotion of local events, enhancement of Mt. Shasta's digital presence, and a marked increase in social media engagement. These results highlight the effectiveness of our strategies and our shared commitment to showcasing Mt. Shasta.
This proposal outlines a straightforward marketing strategy aimed at further increasing Mt. Shasta's profile, attracting more visitors, and driving economic growth while streamlining our strategy and keeping a tight budget. By continuing to use data-driven insights and innovative digital marketing techniques, especially with the advent of Ai, we can build on our past successes.
Thank you for considering this proposal. I look forward to continuing our partnership and helping Mt. Shasta thrive!
OVERVIEW
Mt. Shasta City Council Regular Meeting October 14, 2024 65 Our objective continues to be
to elevate brand awareness
and increase tourism to Mt.
Shasta and the surrounding
areas. We strive to provide
essential information to
travelers, ensuring their
experience is exceptionally
positive, which in turn
promotes repeat visits and
recommendations to their
friends and family.
Our strategy this year will
emphasize quality over
quantity. We plan to curate
engaging, high-quality content
that captures the essence of
Mt. Shasta, focusing on
creating meaningful
interactions rather than
increasing post volume. As
well as leveraging influencers
to reach new audience
member outside of the local
area.
Goals Strategy
GOALS & STRATEGY
Mt. Shasta City Council Regular Meeting October 14, 2024 66
CURRENT
15 Social Media Posts and 15 Stories Per Month
Seasonal Video Creation And Updates
Website Updates/Maintenance. E-commerce help.
Digital Ad Marketing Campaigns ($215/month)
YouTube Account Management
Customer Relationship Management
Quarterly Analytics Reporting On All Social Media
And Website Traffic
$3200/month
SCOPE OF
WORK
Mt. Shasta City Council Regular Meeting October 14, 2024 67
PROPOSED
6 High Quality Posts/Reels & 30 Stories per Month
One High Production Video per Year
Light Website Overhaul/Maintenance.
Digital Ad Marketing Campaigns ($1000/Month)
YouTube Account Management
Higher Customer Relationship Engagement
Quarterly Analytics Reporting on all Social Media and
Website Traffic
Heroes and Sidekicks Consulting ($400/Month for 3
months)
SCOPE OF
WORK: OPTION 1
$3600/month
Mt. Shasta City Council Regular Meeting October 14, 2024 68
PROPOSED
5 High Quality Posts/Reels & 30 Stories per Month
Light Website Overhaul/Maintenance.
Digital Ad Marketing Campaigns ($750/Month)
YouTube Account Management
Higher Customer Relationship Engagement
Quarterly Analytics Reporting on all Social Media and
Website Traffic
Heroes and Sidekicks Marketing Consulting
($400/Month for 3 months)
SCOPE OF
WORK: OPTION 2
Same - $3200/month
Mt. Shasta City Council Regular Meeting October 14, 2024 69 Armed with state-of-the-art cameras, drones, lights, and microphones, we capture the essence of Mt. Shasta and its community in unparalleled detail. Our high-end equipment allows us to deliver stunning visuals and crisp sound, showcasing local experts and businesses in a quality that truly does justice to their stories. Our professional qualifications are as follows. We leverage the latest in AI technology to keep our marketing strategies cutting-edge, ensuring that we stay current with the latest tech trends. This approach allows us to optimize content, analyze data, and enhance user interactions.
Professional Qualifications:
FAA Part 107 certified to fly drones for commercial purposes Extremely proficient in the full Adobe Creative Suite
In depth knowledge of META and it’s business systems
Proficient in Web Design and Search Engine Optimization Ai Business Integration Specialists
PROFESSIONALISM
Mt. Shasta City Council Regular Meeting October 14, 2024 70 Facebook Instagram
SOCIAL MEDIA ANALYTICS
Steady Follower Growth Since Our Inception in 2022
Mt. Shasta City Council Regular Meeting October 14, 2024 71 Visit Redding has a budget of $1,000,000 dollars
per year and has 21.9K Instagram followers
Discover Siskiyou or “See Siskiyou” has a budget 5
times our size and 15.5K Instagram followers.
FOR
COMPARISON
Mt. Shasta City Council Regular Meeting October 14, 2024 72 T.O.T. NUMBERS
Q1 - $473,888
Q2 - $255,228
Q3 - $216,327
Q4 -
Last Years Total: $1,224,000
For This Year:
Mt. Shasta City Council Regular Meeting October 14, 2024 73
THANK YOU
FOR YOUR CONSIDERATION
Contact Us:
530.925.2734
www.TheAscensionAesthetic.com
[email protected]
319 N. Mt. Shasta Blvd,
Mt. Shasta, CA 896067
Mt. Shasta City Council Regular Meeting October 14, 2024 74 City Council Agenda Item # 9
Staff Report
Meeting Date: 10/14/2024
To: Mayor and City Council
From: Todd Juhasz, City Manager
Subject: Snow Removal Resolution
Recommended Action: Approve a resolution seeking to capture the true cost of snow removal within the Downtown Business District.
Background:
Currently the City does not charge residential and commercial accounts for “plowing” the streets.
The City does charge accounts for clearing sidewalks and for wheel loader and dump truck snow removal services from the center of the streets.
Under this proposal:
• the City would minimize center plowing/loader removal and sidewalk clearing services as we pay contractors prevailing wage.
• All billing charges to customers getting City snow removal services would be finalized by June 30 of the end of winter year. Then customers would be charged via their utility bills with the cost divided equally over the following twelve months.
The City will:
• Center plow, remove snow from medians, and clear sidewalks on Chestnut and Mt Shasta Blvd. from Alma to Water Street including all cross streets. Snow would be cleared on both sides of Chestnut from Lake to Alma. Then, snow would be removed from the median and sidewalks would be cleared.
• The Northside of Mt Shasta Blvd from Alma to E. Jessie would be plowed to the Westside of the street consistent with current practices. No snow removal or sidewalk clearing services would be available from the City.
• It appears that the most equitable way to allocate charges is to base it on building square footage. Residential properties shall be charged at half the square footage rate of commercial properties.
• To enable sidewalk clearing on existing sections as narrow as four (4’) feet, an additional piece of snow removal equipment will be purchased with the cost being depreciated over a ten year period.
X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting October 14, 2024 75 RESOLUTION CCR-24-XX
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
ADOPTING THE DESIGNATED BUSINESS DISTRICT
SNOW REMOVAL AREA MAP AND ESTABLISHING
USER FEES TO BE PAID IN ACCORDANCE
WITH MT. SHASTA MUNICIPAL CODE CHAPTER 12.24
WHEREAS, Mt. Shasta Municipal Code chapter 12.24 sets forth the conditions for snow removal in the City of Mt. Shasta; and
WHEREAS, section 12.24.075 designates mandatory sidewalk snow removal in the ‘downtown shopping areas’; and
WHEREAS, the City of Mt. Shasta shall by resolution designate the mandatory sidewalk areas in which the owners or occupants of properties abutting said sidewalk areas shall be responsible for the removal of snow accumulated on said sidewalk; and WHEREAS, the cost accumulated by the City for clearing sidewalks of snow in mandatory areas as set forth in section 12.24.070 shall be paid to the City on an annual basis by the property occupant or owner; and
WHEREAS, the cost of sidewalk snow removal was last set in 1982 at $12 per property; and WHEREAS, the City Council wishes to recoup the actual cost of snow removal in a fair and equitable manner to business and property owners.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mt. Shasta hereby resolves the following:
1. The map of designated mandatory sidewalk snow removal areas is attached as ‘Exhibit A’.
2. Property occupant or owner shall reimburse the City on an annual basis for the actual cost of snow removal during the prior winter season.
3. Billing shall be prorated on the basis of commercial space square footage and residential space square footage.
4. Residential rates shall be one half the commercial rate.
The foregoing Resolution was approved this XX day of XXXX, XXXX by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: October 14, 2024
ATTEST: CITY OF MT. SHASTA
Mt. Shasta City Council Regular Meeting October 14, 2024 76 ______________________________ ______________________________ Kathryn M. Joyce, Deputy City Clerk John Stackfleth, Mayor Mt. Shasta City Council Regular Meeting October 14, 2024 77 Mt. Shasta City Council Regular Meeting October 14, 2024 78 City Council Agenda Item #10
Staff Report
Meeting Date: 10/14/2024
To: Mayor and City Council
From: Todd Juhasz, City Manager
Subject: Retention of Michael Jarvis of Liberty, Cassidy, and Whitmore Recommended Action: Approve the retention of Michael Jarvis of Liberty, Cassidy, and Whitmore, while staff navigates union negotiations and to ensure that new labor Memorandums of Understanding (MOU)s are legal and consistent with best practices.
Background:
It has come to the attention of the City Manager and Malisa Dodd, Finance Director that there are significant issues with aspects of our expired MOUs with the City’s four bargaining units (Fire, Police, Dispatch, and Public Works) as well as issues with the way union negotiations have been conducted recently.
Earlier in the year, Council was apprised of discussions with the union via our previous Finance Director. So as not to further impact the City’s budget, It was relayed to Council that no concessions would be offered until the budget outlook improved and Council agreed. Since then, the Union has voted to move to impasse based on their view that the City has not negotiated in good faith.
To ensure that the City is compliant with state labor relations law, staff has determined that the City lacks the requisite knowledge related to the intricacies of CA labor law. Therefore, it would be best to have an expert review our MOUs as it is apparent that there is conflicting verbiage, outdated language, inappropriate language (e.g. restating HR policy, language that’s in conflict with State and Federal law) and legal irregularities that need to be corrected before considering the adoption of new agreements. The City is also required to negotiate with the Union, not unilaterally state within the course of thirty days that the City has proffered it’s highest and best offer. Finally, there are significant irregularities in the way the City calculates overtime, call out pay, and in the use of comp time. The labor relations consultant believes that if comp time, overtime, and call out pay can be adjusted in accordance with best practices, there may be savings that can be passed along to employees in terms of general compensation.
Staff reached out to other entities in Siskiyou County and has determined that three other entities have been using Michael Jarvis of Liberty, Cassidy, and Whitmore to ensure that union contracts X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting October 14, 2024 79 are legal and consistent with best practices and that union negotiations are conducted in good faith.
The City has used Liberty, Cassidy, and Whitmore in the past during negotiations and Michael Jarvis has been conducting basic pre-work under the old contract. Staff suggests adopting a new contract.
Mt. Shasta City Council Regular Meeting October 14, 2024 80 1 10379346.6 LC001-009
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation (“Attorney”), and the CITY OF MOUNT SHASTA, A Municipal Corporation (“City”).
1. Conditions
This Agreement will not take effect, and Attorney will have no obligation to provide services, until City returns a properly signed and executed copy of this Agreement.
2. Attorney’s Services
Attorney agrees to provide City with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by City or otherwise required by law.
3. Fees, Costs, Expenses
City agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time.
The current range of hourly rates for Attorney time is from Two Hundred Seventy to Four Hundred Fifty Dollars ($270.00 - $450.00). See Schedule I for a full Fee Schedule. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1. Attorney will provide the City with written notification of any adjustment in the range of rates. Attorney bills its time in minimum units of onetenth of an hour.
Mt. Shasta City Council Regular Meeting October 14, 2024 81 2 10379346.6 LC001-009
For Litigation Matters
See Schedule II attached for a description of Attorney’s Litigation and EDiscovery Management.
Other Expenses
City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($0.15) per page. See Schedule I attached.
Payment by City against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the invoice.
4. Artificial Intelligence
Attorney policy permits attorneys to utilize generative artificial intelligence (“AI”) tools, e.g. Lexis+ AI, in the performance of their work, but only in compliance with the firm’s Use of Artificial Intelligence Tools policy. Attorneys may use AI tools to assist in researching and preparing initial drafts. Attorneys may not use AI work product without applying their own independent legal judgment. They may not disclose confidential information to unsecure AI tools, and carefully check all AI-generated results for both accuracy and bias.
5. Professional Liability Insurance
The California Business & Professions Code requires us to inform you whether we maintain errors and omissions insurance coverage applicable to the services to be Mt. Shasta City Council Regular Meeting October 14, 2024 82 3 10379346.6 LC001-009
rendered to you. We hereby confirm that the firm does maintain such insurance coverage.
6. Arbitration of Professional Liability or Other Claims Disputes. If a dispute between City and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program, set forth in California Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys’ fees, costs and interest incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required.
If a dispute arises between City and Attorney over any other aspect of the attorney-client relationship, including, without limitation, a claim for breach of professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal services rendered under this agreement were allegedly unnecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each party is to bear its own attorney’s fees and costs.
Mt. Shasta City Council Regular Meeting October 14, 2024 83 4 10379346.6 LC001-009
7. File Retention
After our services conclude, Attorney will, upon City’s request, deliver the file for the matter to City, along with any funds or property of City’s in our possession. If City requests the file for the matter, Attorney will retain a copy of the file at the City’s expense. If City does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point during the seven (7) year period, City may request delivery of the file.
8. Assignment
This Agreement is not assignable without the written consent of City.
9. Independent Contractor
It is understood and agreed that Attorney, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of City.
10. Authority
The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorized to execute this Agreement on behalf of their respective parties and to bind their respective parties hereto.
11. Term
This Agreement is effective October 3, 2024, ongoing and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) days written notice.
LIEBERT CASSIDY WHITMORE, CITY OF MOUNT SHASTA
Mt. Shasta City Council Regular Meeting October 14, 2024 84 5 10379346.6 LC001-009
A Professional Corporation A Municipal Corporation
By: ________________________ By: _______________________ Name: ______________________ Name: _____________________ Title: _______________________ Title: ______________________ Date: _______________________ Date: ______________________ SCHEDULE I – FEES & COSTS
Mt. Shasta City Council Regular Meeting October 14, 2024 85 6 10379346.6 LC001-009
1. Hourly Rates (As of Agreement Effective Date)
Partners $450.00
Senior Counsel $375.00
Associates $270.00 - $355.00
Labor Relations/HR Consultant $290.00
Classification & Compensation Consultant $210.00
Paralegals $150.00
E- Discovery Specialists $175.00
Law Clerks $150.00 - $185.00
2. COSTS
1. Photocopies $0.15 per copy
Mt. Shasta City Council Regular Meeting October 14, 2024 86 7 10379346.6 LC001-009
SCHEDULE II
LCW LITIGATION and E-DISCOVERY MANAGEMENT
LCW is committed to using state-of-the-art technology to efficiently manage and harness electronically-stored information (“ESI”) in compliance with Federal and State law requirements. LCW partners with an outside managed services provider to provide Relativity, the industry leading e-discovery software, for this purpose. The cost for each matter will depend on the volume and format of the data. For non-complex data up to 50 gigabytes, LCW charges a monthly fee of $450 on all active litigation matters for data management, including data validation and security, ingestion, de-duplication, culling and streamlining, and creation of Relativity fields for expedited review. For data of 50 gigabytes and over and for complex data requiring specialized services (e.g., payroll data, spreadsheets with underlying formulas, video, advanced searches, etc.), additional charges are incurred and are passed through to the client. For such charges, we will provide an itemized bill from our managed services provider and obtain client approval prior to incurring the charges.
Litigation Case Staffing
LCW has organized its litigation practice to meet the challenges of today’s complex litigation cases. We employ a dedicated Litigation Manager – a non-billing attorney litigator – whose responsibility is to monitor all litigation cases to ensure quality, efficiency, and adherence to client and firm litigation guidelines. Each litigation case is staffed with a Partner, an Associate (or Associates, as required and as approved by the Client), a Paralegal and an E-Discovery Specialist. Our E-Discovery Specialists have extensive experience in the efficient management of electronic data through every stage of the e-discovery life cycle, and they strategize with attorneys and clients on effective ESI protocols. This makes the document review process more efficient and enables our attorneys to target the most relevant data to meet litigation objectives. Working with our e-discovery managed services provider, we are able to provide state-of-the-art data processing and hosting services at below-market rates.
Mt. Shasta City Council Regular Meeting October 14, 2024 87