“Our mission is to maintain the character of our “small town” community while striking an appropriate balance between economic development and preservation of our quality of life. We help create a dynamic and vital City by providing quality, cost-effective municipalservices and by forming partnerships with residents and organizationsin the constant pursuit of excellence.”
Page Item STANDING AGENDA ITEMS
1. Call to Order and Flag Salute
2. Roll call
3. Special Presentations & Announcements:
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.
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
CITY COUNCIL BUSINESS
Mt. Shasta City Council Regular Meeting Agenda
Mt. Shasta City Park Upper Lodge, 1315 Nixon Rd.
Monday, February 24, 5:30 p.m.
The meeting can also be viewed online at the
following link: MountShasta.22Ave.tv
Mt. Shasta Special City Council Meeting Agenda
Monday, February 10th, 2025
2
items. All Resolutions and Ordinances on this agenda, or added hereto, shall be introduced or adopted, as applicable, by title only, and the full reading thereof is hereby waived. a. Approval of Minutes: January 27th, 2025, Regular Meeting b. Approval of Disbursements: Accounts Payable: 1/22/25, 1/29/25, 2/12/25; Total Gross Payroll and Taxes: For the Period Ending 2/6/25
c. Monthly Investment Report For The Period Ending 2/6/25 d. Police Department Monthly Report January 2025
e. Approval of Memorandum of Understanding: Dispatchers Bargaining Group— Resolution CCR 25-XX
f. Approval of Memorandum of Understanding: Public Works Bargaining Group— Resolution CCR 25-XX
Background: The Mount Shasta Farmer’s Market has requested to give a presentation to the Council.
Report By: Nancy Swift, Executive Director of JEDI; Farmer’s Market customers and vendors Recommended Council Action: Receive Presentation
9. The Vacation of Field Street
Background: A clerical error was discovered in a resolution that the Council adopted in August of 2023. The proposed amendments to Resolution CCR 23-22 would rectify the error.
Report By: Todd Juhasz, City Manager
Recommended Council Action:
Consider amendments to Resolution CCR 23-22
Background: The conceptual drawings submitted by Noll and Tam Architects for the Library Expansion Project have been approved by the Library Expansion Committee and City Staff.
Council approval of their proposed contract is needed before the architects can move forward to create formal designs.
Report By: Todd Juhasz, City Manager
Recommended Council Action: Consider the proposed contract with Noll and Tam Architects to produce 100% design drawings for the Library Renovation and Expansion project
Mt. Shasta Special City Council Meeting Agenda
Monday, February 10th, 2025
3
Background: Proposed changes to the Municipal Code would assist with cost recovery for the plowing of Mount Shasta Blvd. and Chestnut St.
Report By: Ken Kellogg, Public Works Director
Recommended Council Action: Consider adopting Ordinance XX, amending Chapter 12.24 of the Municipal Code
Background: California law requires that police departments provide an annual report of military equipment inventory, use, and cost
Report By: Robert Gibson
Recommended Council Action: Receive Report
Background: The affordable housing entity that is developing the Mountain Townhomes project has applied to issue bonds for the project.
Report By: Todd Juhasz, City Manager
Recommended Council Action: Adopt Resolution CCR-25-XX authorizing the issuance of bonds to be used for the development of 735 Chestnut Street
Background: In order to use funds allocated by the Siskiyou County Board of Supervisors, the City must establish an underground utility district
Report By: Jeff Mitchem, Planning Director
Recommended Council Action: Adopt Resolution CCR-25-XX creating an underground utility district Mt. Shasta Special City Council Meeting Agenda
Monday, February 10th, 2025
4
Background: California Government Code Section 65589.7 requires water and sewer service providers to adopt a written policy granting service connection priority to low-income housing Report By: Jeff Mitchem, Planning Director
Recommended Council Action: Adopt Resolution CCR-25-XX granting service connection priority to developments which include low-income housing
CITY COUNCIL/STAFF REPORTING PERIOD
13. Council Reports on Attendance at Appointed/Outside Meetings
14. Future Agenda Items (Appearing on the agenda within 60-90 days):
a. Public Hearing: possible revocation of business license – TBD b. Condemnation of Chestnut Parcels - TBD
c. Beautification Committee Presentation to Council – TBD d. Survey of Washington Avenue – TBD
e. 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: None
16. Adjourn
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., Mt. Shasta, CA at the same time the public records are distributed or made available to the members of the legislative body. Agenda related writings or documents provided to a majority of the legislative body after distribution of the Agenda packet will be available for public review within a separate binder at City Hall at the same time as they are made available to the members of the legislative body.
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, persons requiring accommodations for a disability at a public meeting should notify the City Clerk or Deputy City Clerk at least 48 hours prior to the meeting at (530) 926-7516 in order to allow the City sufficient time to make reasonable arrangements to accommodate participation in this meeting.
Contents
Consent Agenda…………………………………………………………………….1
Approval of Minutes: January 27th, 2024 Regular Meeting……………………………..1 Approval of Disbursements……………………………………………………………4
Monthly Investment Report……………………………………………………………14
Police Department Monthly Report January 2025……………………………………..22 Approval of MOU: Dispatchers………………………………………………………..33
Approval of MOU: Public Works……………………………………………………….51
Mount Shasta Farmers Market Presentation………………………………………..70 Staff Report…………………………………………………………………………….70
Presentation Materials…………………………………………………………………71
The Vacation of Field Street………………………………………………………..74
Staff Report……………………………………………………………………………74
Recorded Vacation of Field Street and Original Resolution……………………………..75 Proposed Revisions to Resolution………………………………………………………79 Library Expansion………………………………………………………………….80
Staff Report……………………………………………………………………………80
Design Scope………………………………………………………………………….81
Fee Schedule………………………………………………………………………….84
Renovation Design……………………………………………………………………85
Agreement……………………………………………………………………………..86
Public Hearing: Snow Removal Ordinance First Reading....……………………….97 Staff Report……………………………………………………………………………97
Ordinance……………………………………………………………………………….98
Public Hearing: Military Equipment Report…………………………………………..101 Staff Report………………………………………………………………………………101
Military Equipment Report……………………………………………………………….102
Public Hearing: Housing Development Plan of Financing…………………………….103 Staff Report……………………………………………………………………………….103
Resolution………………………………………………………………………………...104
Public Hearing: Underground Utility District…….…………………………………….107 Staff Report……………………………………………………………………………….107
Resolution…………………………………………………………………………………109
Underground Utility District Boundaries…………………………………………………….112 Priority for Water and Sewer Service to Affordable Housing Developments…………113 Attachment A: Resolution………………………………………………………………….115.
Attachment A, Exhibit A: Policy…………………………………………………………….117 Staff Report……………………………………………………………………………….113
Mt. Shasta City Council Regular Meeting DRAFT Minutes
City Park Upper Lodge 1315 Nixon Road, Mt. Shasta
Monday, January 27, 2025; 5:30 p.m.
“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 John Redmond called the meeting to order and led the audience in the Pledge of Allegiance.
2. Roll Call: Council Members Present: Clure, Collings, Stackfleth, Redmond, Glaubman Council Members Absent: None
3. Special Presentations & Announcements:
None
4. Public Comment:
None
5. Council and Staff Comments
Todd Juhasz, City Manager – Comments regarding Rule 20 funds, the hospital demolition, and the Daylighting of Castle Creek, the Library expansion, and the fee schedule update. Addresses questions from Councilmember Stackfleth.
CITY COUNCIL BUSINESS
6. Committee Updates:
a) Downtown Enhancement Advisory Committee
b) Library Tax Advisory Committee
c) Beautification Committee
d) Active Transportation Committee
None
7. Consent Agenda – The City Manager recommends approval of the following Consent Agenda items. All Resolutions and Ordinances on this agenda, or added hereto, shall be introduced or adopted, as applicable, by title only, and the full reading thereof is hereby waived. a. Approval of Minutes: January 13, 2025 Special Meeting b. Approval of Minutes: January 13, 2025 Regular Meeting c. Approval of Disbursements: Accounts Payable: 1/21/25; Total Gross Payroll and Taxes:
For Periods Ending 1/5/25 and 1/19/25
d. Chamber of Commerce Funding, Resolution CCR-25-05
e. Acceptance of Brownell Parcels, Resolution CCR-25-06 f. Monthly Investment Report
1 City of Mt. Shasta Regular City Council Meeting Minutes Day, Date, 2015
Council Comment: Councilmember Collings comments on sales tax revenue pertaining to Item f.
COUNCIL ACTION: Approval of items a-f
MOTION TO APPROVE: Stackfleth
SECOND: Glaubman
AYES: Clure, Callings, Stackfleth, Glaubman, Redmond
NOES: None
ABSENT: None
ABSTAIN: None
8. Pension Management Policy
Malisa Dodd, Finance Director: Introduces Andrew Flynn from California Municipal Advisor to give a presentation.
Council Comment:
Councilmember Collings – Asks clarifying questions.
Public Comment:
Johanna Altorfer – Asks clarifying questions about pension options Council discusses pension management policy.
COUNCIL ACTION:
MOTION TO APPROVE: Clure moves to adopt Resolution CCR 25-07 SECOND: Stackfleth
AYES: Clure, Collings, Stackfleth, Glaubman, Redmond
NOES: None
ABSENT: None
ABSTAIN: None
9. Audited Financial Statements of Mount Shasta and Mount Shasta Public Finance Authority Report By: Malisa Dodd
Councilmember Collings asks clarifying questions.
Public Comment:
None
Council Comment:
Councilmember Clure – Comments on material audit adjustments.
Councilmember Stackfleth – Comments on adjustments and procedures.
Council discusses audited statements.
COUNCIL ACTION:
MOTION TO APPROVE: Stackfleth moves to adopt Resolution CCR 25-08 SECOND: Clure
2 City of Mt. Shasta Regular City Council Meeting Minutes Day, Date, 2015
AYES: Clure, Collings, Stackfleth, Glaubman, Redmond
NOES: None
ABSENT: None
ABSTAIN: None
Reports on outside meetings: Todd Juhasz, City Manager remarks on the upcoming February 12th meeting between Siskiyou Outdoor Recreation Alliance, Siskiyou County Public Works, and the City of Mount Shasta regarding the plowing of Everitt Memorial Highway; the City Manager also provides an update on the ongoing litigation of the Loge and the upcoming hearing to revoke its business license.
Future agenda items: Todd Juhasz, City Manager, comments on the upcoming fee schedule update. Future Agenda Item C, “Condemnation of Chestnut Parcels,” is removed.
CITY COUNCIL/STAFF REPORTING PERIOD
10. Adjourn: There being no further business, the meeting was adjourned at 6:26p.m.
Respectfully Submitted by: Rachel Agron, Deputy City Clerk 3 City Council Agenda Item #7b
Staff Report
Meeting Date: February 24, 2025
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 $1,078,159.26 Background & Summary:
Approval of Check Numbers 53342-53449 $ 920,173.88
Total Payroll Distribution $ 88,950.87
Total EFTPS – CalPERS, Nationwide, child support $ 28,509.98 Total Payroll EFTPS Taxes $ 40,524.53
$ 1,078,159.26
Financial Impacts:
• Payroll expenses are at 62.45% of budget or approximately $145,000 overspent, with most of this being overtime.
• General Fund expenses for IT and software services is significantly higher than budgeted; with the 24-25 budget of $170,365 and current expenditures at $221,250. Ongoing expenditures for Apex, Amazon Web Services, Adobe and others will impact this deficit throughout the balance of the year.
• One-time expenses that have impacted the budgeted expenditures include; labor relations contract services, community supports, land acquisition, and heavy equipment repairs.
Attachments:
1.) Check Registers – 1/22/2025, 1/29/2025, 2/12/2025
2.) ACH Payroll Distribution – 2/6/2025
3.) EFTPS Reports – Payroll/CalPERS – 2/6/2025
Regular
x Consent
Closed
Presentation
4 Accounts Payable
User:
Printed:
[email protected]
2/19/2025 6:32 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
53342 28802 SWRCB FEES 01/22/2025 17,172.08
53343 30069 US BANK CORPORATE PAYMENT SYS 01/22/2025 1,597.87 53344 15194 22ND AVENUE ENTERTAINMENT LOGISTICS 01/29/2025 4,500.00 53345 300087 ALHAMBRA 01/29/2025 37.11
53346 10229 AMAZON CAPITAL SERVICES 01/29/2025 106.00
53347 11156 YOLANDE DIEDRE BELL 01/29/2025 441.10
53348 11252 BLUE STAR GAS 01/29/2025 1,977.43
53349 11328 BOYS & GIRLS CLUB OF GREATER SHASTA 01/29/2025 16,069.93 53350 13241 DOWN RANGE 01/29/2025 263.00
53351 13224 DRY CREEK LANDFILL INC 01/29/2025 816.40
53352 14178 ESRI INC 01/29/2025 7,374.93
53353 15030 FERGUSON ENTERPRISES, INC. #1423 01/29/2025 1,730.64 53354 15031 FERGUSON WATERWORKS FEI #3011 01/29/2025 8,789.51 53355 15221 FRIENDS OF THE MT SHASTA LIBRARY01/29/2025 17,793.00 53356 14160 GENE ERICKSON TRUCKING, INC. 01/29/2025 740.00 53357 16130 GOVINVEST INC 01/29/2025 5,971.23
53358 16180 GREAT NORTHERN CORPORATION 01/29/2025 3,513.40 53359 300163 JESSE RAMIREZ WELDING 01/29/2025 4,675.00
53360 21062 LEAGUE OF CALIFORNIA CITIES 01/29/2025 100.00 53361 300150 LIEBERT CASSIDY WHITMORE 01/29/2025 18,561.00 53362 22200 MT. SHASTA CHAMBER OF COMMERCE01/29/2025 18,750.00 53363 24033 OREILLY AUTOMOTIVE INC 01/29/2025 79.64
53364 11140 PACE ANALYTICAL SERVICES LLC 01/29/2025 2,757.04 53365 32153 PACE SUPPLY CORP 01/29/2025 651.53
53366 25080 PACIFIC POWER & LIGHT 01/29/2025 23,619.44
53367 300162 POWER UP ELECTRIC 01/29/2025 4,756.88
53368 300164 PRIME SOLUTION, INC 01/29/2025 107.06
53369 27040 RAY-MAC MECHANICAL INC 01/29/2025 1,067.00
53370 28000 S.C.O.R.E. 01/29/2025 93,623.76
53371 28637 SONSRAY MACHINERY 01/29/2025 43,257.11
53372 28640 SOUSA READY MIX LLC 01/29/2025 102.24
53373 28680 SPORTSMEN'S DEN INC 01/29/2025 654.68
53374 28660 SPRINGBROOK HOLDING COMPANY 01/29/2025 60,413.00 53375 28740 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 01/29/2025 356.00 53376 28815 STERLING HEALTH ADMINISTRATION 01/29/2025 1,850.00 53377 29011 TEAMSTERS LOCAL 137 01/29/2025 1,966.16
53378 29140 TIMBERWORKS 01/29/2025 5,579.00
53379 30004 U.S. BANK EQUIPMENT FINANCE 01/29/2025 611.40 53380 31023 VALLEY PACIFIC PETROLEUM 01/29/2025 438.76
53381 31050 VERIZON CONNECT FLEET USA LLC 01/29/2025 35.00 53382 10009 49ER WATER SERVICES 02/12/2025 325.00
53383 300169 Rachel Agron 02/12/2025 163.03
53384 10229 AMAZON CAPITAL SERVICES 02/12/2025 420.93
53385 300168 American Water Works Association 02/12/2025 525.00 53386 10338 APEX TECHNOLOGY MANAGEMENT 02/12/2025 5,186.45 53387 10404 AT&T 02/12/2025 576.65
53388 10402 AT&T MOBILITY FIRSTNET 02/12/2025 1,820.46
AP Checks by Date - Summary by Check Number (2/19/2025 6:32 AM) Page 1 5 Check No Vendor No Vendor Name Check Date Check Amount 53389 11156 YOLANDE DIEDRE BELL 02/12/2025 320.80
53390 11328 BOYS & GIRLS CLUB OF GREATER SHASTA 02/12/2025 21,453.91 53391 11359 ALAN BROWNELL 02/12/2025 900.00
53392 28695 CA DEPARTMENT OF TAX & FEE ADMINISTRATION 02/12/2025 111.00 53393 300157 California Municipal Advisors, LLC 02/12/2025 2,480.00 53394 12200 CALIFORNIA SAFETY COMPANY 02/12/2025 253.00 53395 300170 CA State Board of Equalization Tax Area Services 02/12/2025 7,600.00 53396 12213 CAL-ORE COMMUNICATIONS 02/12/2025 1,559.96
53397 12300 CASH 02/12/2025 89.00
53398 12640 COLONIAL LIFE & ACCIDENT INSUR 02/12/2025 299.22 53399 12269 COMCAST 02/12/2025 417.17
53400 12749 CORE PSYCHOLOGICAL CORPORATION02/12/2025 500.00 53401 300171 CRITICAL REACH 02/12/2025 140.00
53402 12842 CROWN MOTORS 02/12/2025 2,120.54
53403 13064 DE LAGE LANDEN 02/12/2025 1,234.18
53404 13071 DELTA HEALTH SYSTEMS 02/12/2025 40,222.00
53405 13251 DEVELOPMENT COMPLIANCE SOLUTIONS 02/12/2025 19,815.00 53406 14140 DON ERICKSON OIL INC 02/12/2025 547.78
53407 13224 DRY CREEK LANDFILL INC 02/12/2025 2,488.45
53408 14060 EMPLOYMENT DEVELOPMENT DEPT. 02/12/2025 559.00 53409 15010 FASTENAL COMPANY 02/12/2025 39.32
53410 15030 FERGUSON ENTERPRISES, INC. #1423 02/12/2025 1,152.40 53411 16045 GEOCON CONSULTANTS INC 02/12/2025 4,242.50
53412 300167 Casey Glaubman 02/12/2025 237.55
53413 34040 GOLD NUGGET PRINTING 02/12/2025 381.20
53414 300132 Green DOT Transportation Solutions 02/12/2025 22,671.75 53415 20003 JONES CARPET CLEANING & JANITORIAL LLC 02/12/2025 800.00 53416 22140 KENNY & NORINE 02/12/2025 10,706.97
53417 300107 Laboratory Corporation of American Holdings02/12/2025 54.00 53418 300166 ABIGAIL MCLAIN-SMITH 02/12/2025 1,127.00
53419 22059 MERCY MEDICAL CENTER - CASHIER 02/12/2025 39.00 53420 22133 MEYERS POLICE K-9 TRAINING LLC 02/12/2025 800.00 53421 22121 MOTION & FLOW CONTROL PRODUCTS INC 02/12/2025 54.56 53422 22300 MT. SHASTA RECREATION & PARKS 02/12/2025 1,000.00 53423 22352 MUNICIPAL EMERGENCY SERVICES 02/12/2025 7,682.45 53424 28120 NAPA AUTO PARTS 02/12/2025 953.57
53425 24000 OFFICE DEPOT 02/12/2025 372.84
53426 24033 OREILLY AUTOMOTIVE INC 02/12/2025 150.86
53427 11140 PACE ANALYTICAL SERVICES LLC 02/12/2025 3,331.76 53428 25020 PACE ENGINEERING INC 02/12/2025 5,884.75
53429 25080 PACIFIC POWER & LIGHT 02/12/2025 92.82
53430 25198 CHARLES W PILLON 02/12/2025 2,537.50
53431 25160 POSTMASTER 02/12/2025 2,000.00
53432 27000 RAMSHAW'S ACE HARDWARE INC 02/12/2025 91.06 53433 300165 SEA WESTERN INC. 02/12/2025 1,051.64
53434 28340 SISKIYOU COUNTY AUDITOR 02/12/2025 845.00
53435 28378 SISKIYOU COUNTY GENERAL SERVICES02/12/2025 2,907.32 53436 28466 SISKIYOU COUNTY TOURISM IMPROVEMENT DISTRICT 02/12/2025 196,095.23 53437 28372 SISKIYOU ECONOMIC DEVELOPMENT COUNCIL 02/12/2025 21,878.42 53438 28560 SISKIYOU OPPORTUNITY CENTER 02/12/2025 890.50 53439 32060 SOLANOS INC 02/12/2025 1,053.44
53440 28640 SOUSA READY MIX LLC 02/12/2025 474.39
53441 28660 SPRINGBROOK HOLDING COMPANY 02/12/2025 772.69 53442 28815 STERLING HEALTH ADMINISTRATION 02/12/2025 200.00 53443 30069 US BANK CORPORATE PAYMENT SYS 02/12/2025 14,107.29 53444 28857 USA WASTE OF CALIFORNIA INC 02/12/2025 108,434.92 53445 31023 VALLEY PACIFIC PETROLEUM 02/12/2025 10,597.40 AP Checks by Date - Summary by Check Number (2/19/2025 6:32 AM) Page 2 6 Check No Vendor No Vendor Name Check Date Check Amount 53446 31050 VERIZON CONNECT FLEET USA LLC 02/12/2025 199.45 53447 31031 VESTIS 02/12/2025 690.97
53448 32066 WEIST LAW 02/12/2025 3,937.50
53449 34055 YREKA TRANSFER, LLC 02/12/2025 4,600.00
Report Total (108 checks): 920,173.88
AP Checks by Date - Summary by Check Number (2/19/2025 6:32 AM) Page 3 7 From: Tri Counties Bank
To: Malisa Dodd
Subject: Tri Counties Bank - ACH Payment Status Change Notification Date: Wednesday, February 5, 2025 1:06:02 PM
ACH Notification
Report Date/Time 02/05/25 13:05:19 PST
This transaction has been successfully completed.
Transaction Number: ACH-01533665
ACH Company: City Mt Shasta
Company Entry Description: ACHTRANS
Payment Date: 02/06/2025
Total Credits: $88,950.87 (51)
Total Debits: $0.00 (0)
Status: Completed
8 9
10 11
12 13
City Council Agenda Item # 7c
Staff Report
Meeting Date: February 24, 2024
To: Mayor and City Council
From: Malisa Dodd, Director of Finance
Subject: Revenue Status Update, Monthly Investment and Financial Report for the Period Ending January 30, 2025
Recommendation:
Staff respectfully requests the City Council review the provided information regarding the City’s revenue and investments.
Background & Summary:
Sales Tax Revenue:
The City has received funds through December 31, 2024 in sales tax for fiscal year 24-25. The budgeted amount for fiscal year 24-25 is $1,760,000 with % collected, while 50% of the way through the year.
Current Year 24-25 Sales Tax Information
Budget Projection Jul-Dec Expected Jul-Dec Received 24-25 Deficit $1,760,000 $880,000 $781,418 ($98,582)
Prior Year 23-24 Sales Tax Information
YTD Received Jul-Dec Received CY vs PY difference % difference $1,631,309 $870,663 ($89,245) 10.25%
Transient Occupancy Tax:
The City has received $735,359 through February 19, 2025 in TOT for fiscal year 24-25. The budgeted amount for fiscal year 24-25 is $1,468,000. The actual amount received is about $12,766 over prior year received up about 1.77%. With the increase of TOT from 10% to 12% for fiscal year 24-25, we should be close to a 20% increase.
Current Year 24-25 Transient Occupancy Tax Information
Budget Projection Jul-To date as of 2/19/25 Received
$1,468,000 $735,359
Prior Year 23-24 Transient Occupancy Tax Information
YTD Received Jul-Feb Received CY vs PY difference
$1,290,177 $722,593 $12,766
Regular
X Consent
Closed
Presentation
14 2
Property Tax and Vehicle License Fees:
Current Year 24-25 Property Tax Information
Budget Projection Jul-Feb Expected Jul-Feb Received 24-25 Excess Property Tax $709,000 $405,185 $457,190 $52,005
License Fees $405,000 $202,500 $208,988 $6,488
Prior Year 23-24 Sales Tax Information
YTD Received Jul-Feb Received CY vs PY difference % difference Property Tax $748,914 $427,993 $29,197 6.4%
License Fees $399,043 $199,522 $9,466 4.5%
As of January 31, 2025, the combined funds the City of Mt. Shasta had invested in the Local Agency Investment Fund (L.A.I.F.) totaled $265,920.56. The January 2025 LAIF statement is attached, along with the performance data as of February 5, 2025. Most surplus funds over which the City has control are currently invested in Concourse with a balance of $1,113,030.09.
The balance of the City’s cash funds are held in the pooled accounts with Tri Counties Bank with a balance as of $6,147,567.42 .
Current investment rates are:
L.A.I.F. January 31, 2024 4.366%
Treasury Note – 3 month December 30, 2024 4.28%
Treasury Note – 2 Yr. December 30, 2024 4.24%
Treasury Note – 5 Yr. December 30, 2024 4.36%
Treasury Note – 10 Yr. December 30, 2024 4.53%
Treasury Note – 30 Yr. December 30, 2024 4.75%
Bloomberg as reported by Chandler Asset Management
The LAIF average decreased slightly from last month, most notes had a small increase. We continue to anticipate the LAIF rate staying just above 4%. The LAIF rate remains the best available rate that meets the City’s requirement for liquidity and safety.
Financial Impact:
The investments are in compliance with the City’s investment policy and provide for meeting the City’s cash flow needs for the next one-month and six-month periods. 15 3
Attachments:
• LAIF Monthly Statement
• LAIF Performance Report
• LAIF Monthly Balances
• Chandler Asset Management
16
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55.91%
Agencies
25.25%
Certificates of
Deposit/Bank Notes
8.46%
Time
Deposits
3.27%
Commercial
Paper
6.40%
Corporate
Bonds
0.58%
Loans
0.13%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a). *The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year.
Source:
(1) State of California, Office of the Treasurer
(2) State of California, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
January 4.366
December 4.434
November 4.477
October 4.518
September 4.575
August 4.579
PMIA/LAIF Performance Report
as of 02/05/25
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/24
LAIF Apportionment Rate(2): 4.62
LAIF Earnings Ratio(2): 0.00012664187216722
LAIF Administrative Cost(1)*: 0.28
LAIF Fair Value Factor(1): 0.999621985
PMIA Daily(1): 4.40
PMIA Quarter to Date(1): 4.48
PMIA Average Life(1): 252
Chart does not include $1,239,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
12/31/24
$155.4 billion
18 Carrying Cost Plus
Description Accrued Interest Purch. Fair Value Accrued Interest United States Treasury:
Bills $ 42,926,380,346.04 $ 43,388,983,305.00 NA
Notes $ 47,712,004,249.09 $ 47,674,732,330.50 $ 462,691,523.00 Federal Agency:
SBA $ 216,168,173.61 $ 216,352,890.86 $ 956,235.00
MBS-REMICs $ 1,213,098.54 $ 1,199,058.14 $ 5,292.04
Debentures $ 7,826,369,240.48 $ 7,805,873,300.00 $ 87,552,618.50 Debentures FR $ - $ - $ -
Debentures CL $ 2,350,000,000.00 $ 2,348,999,000.00 $ 27,068,389.50 Discount Notes $ 28,215,247,930.56 $ 28,518,879,650.00 NA Supranational Debentures $ 3,046,274,656.75 $ 3,028,880,500.00 $ 29,094,096.50 Supranational Debentures FR $ - $ - $ -
CDs and YCDs FR $ - $ - $ -
Bank Notes
CDs and YCDs $ 14,400,000,000.00 $ 14,402,301,575.23 $ 196,794,618.03 Commercial Paper $ 10,044,014,430.49 $ 10,160,255,208.31 NA Corporate:
Bonds FR $ - $ - $ -
Bonds $ 895,310,112.42 $ 887,014,670.00 $ 8,848,653.91
Repurchase Agreements $ - $ - $ -
Reverse Repurchase $ - $ - $ -
Time Deposits $ 5,068,500,000.00 $ 5,068,500,000.00 NA
PMIA & GF Loans $ 194,249,000.00 $ 194,249,000.00 NA
TOTAL $ 162,895,731,237.98 $ 163,696,220,488.04 $ 813,011,426.48 Fair Value Including Accrued Interest $ 164,509,231,914.52 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
State of California
Pooled Money Investment Account
Market Valuation
1/31/2025
19 DAX
FTSE (UK)
Nikkei
S&P 500
NASDAQ
Hang Seng
DOW JONES
World Stock Market Indices
As 2024 drew to a close, the resilient consumer continued to drive growth. Inflationary trends have subsided, but some components remain sticky, and core levels remain above the Fed’s target. The labor market reflects an improved balance between supply and demand for workers. While job creation has been robust, continuing jobless claims remain elevated. Given the economic outlook, we expect gradual normalization of monetary policy and a steepening yield curve.
As anticipated, the Federal Open Market Committee (FOMC) reduced the Fed Funds Rate by 25 basis points to the range of 4.25-4.50% at the December meeting.
Although the cut was widely anticipated, market participants viewed the trajectory of rates in the SEP as ‘hawkish.’ Chair Jerome Powell reiterated previous statements indicating the economy is in a good place and that monetary policy is well positioned.
The Fed released the quarterly Summary of Economic Projections (SEP), which now forecasts a higher central tendency of core inflation and a higher longer run Fed Funds forecast. In the Chandler team’s view, the updated SEP reflects the continued resiliency of the US economy and the corresponding risk of inflation taking longer to reach the FOMC’s two percent objective in 2025.
At the end of December, the 2-year Treasury yield was 1 basis point lower, and the 10-Year Treasury yield was 69 basis points higher, year-over-year. The spread between the 2-year and 10-year Treasury yield points on the curve increased to +33 basis points at December month-end versus +2 basis points at November month-end.
The yield curve inversion which began in July 2022 was historically long. The average historical spread (since 2004) is about +99 basis points. The 3-month and 10-year Treasury yield curve normalized to +25 basis points in December from -32 basis points in November.
Bond yields fell slightly in the last weeks of 2024 after a period of strength building through the month of December. The 2-year US Treasury yield fell to 4.25%, the 5- year at 4.38%, and the 10-year yield is 4.57%. The yield curve continued to normalize with the 2-year/10-year spread widening out to 33 basis points. The yield curve steepening can be partially attributed to the December FOMC rate cut, but yields on the longer-end of the curve were notably higher to end the year.
Market Summary
BOND MARKET REVIEW
A M o n t h l y R e v i e w o f F i x e d I n c o m e M a r k e t s January 2025
(Japan)
(Germany)
(Hong Kong)
TREASURY YIELDS Trend 12/30/24 11/29/24 Change
Chandler Asset Management | 800.317.4747 | chandlerasset.com | Page 1 5,906.94
8,121.01
19,486.79
42,573.73
19,909.14
20,041.42
(125.44)
(166.92)
617.81
268.62
282.69
(2,336.92)
data as of 12/31/2024
Change
(11/29/2024)
-2.08%
-2.01%
1.44%
Source: Bloomberg. Please see
descriptions of indices on Page 2.
-5.20%
1.40%
%CHG
3.18%
3-Month
2-Year
3-Year
5-Year
7-Year
10-Year
30-Year
4.28 4.24
4.27 4.36
4.45 4.53
4.75 -0.21
0.09 0.18
0.31 0.34
0.36 0.39
Source: Bloomberg
Market Data
Toll Free: 800.317.4747
[email protected]
chandlerasset.com
Source: Bloomberg
(▲/▼)
▼
TREASURY YIELD CURVE STEEPENS IN DECEMBER
39,894.54 1,686.51 4.41%
4.49 4.15
4.09 4.05
4.11 4.17
4.36 ▼
▼
▼
▼
▼
▼
20 Economic Roundup
Retail Sales
Labor Market
Housing Starts
Consumer Prices
Crude Oil Prices Began To Increase in December
Credit Spreads Were Tighter in December
ECONOMIC INDICATOR
Trade Balance
Gross Domestic Product
Unemployment Rate
Prime Rate
Refinitiv/CoreCommodity CRB Index
Oil (West Texas Int.)
Consumer Price Index (y/o/y)
Producer Price Index (y/o/y)
Euro/Dollar
CREDIT SPREADS
3-month top rated commercial paper
2-year A corporate note
5-year A corporate note
5-year Agency note
Spread to Treasuries
(%) 4.32
0.29 0.49
0.04 One Month Ago
(%) 4.56
0.26 0.52
0.05 Change
(0.24)
0.03 (0.03)
(0.01)
Chandler Asset Management | 800.317.4747 | chandlerasset.com | Page 2 U.S. Housing Starts fell in November for the third consecutive month on both a month-over-month and year-over-year basis.
Single family home starts increased 6.7% month-over-month, however the surprising drop in multifamily starts of -23.2% dragged the aggregate figure into negative territory at -1.8%. Year-over-year Housing Starts also fell -14.6% following the prior -3.9% decrease in October. Again, it was a substantial drop in multifamily starts that led to lower year-over-year metrics as well.
The U.S. economy added 256,000 jobs in December, far exceeding consensus expectations. Gains were led by health care, retail, and leisure sectors, while manufacturing shed jobs. The three-month moving average and six-month moving average payrolls totaled 170,000 and 165,000 respectively. The unemployment rate declined to 4.1% in December, and the labor participation rate was unchanged at 62.5%, remaining below the pre-pandemic level of 63.3%. The U-6 underemployment rate, which includes those who are marginally attached to the labor force and employed part time for economic reasons fell to 7.5%.
Average hourly earnings moderated to an increase of 3.9% year-over-year in December.
Although December Retail Sales data came in slightly below consensus estimates, the data was positive and continued to show consumer resilience. Retail Sales increased 0.4% month-over-month and 3.9% year-over-year. Miscellaneous store retailers led discretionary spending categories as they increased 4.3% in December. The holiday season, which encompasses October through December, surpassed the National Retail Federation estimates as it came in strong at $994.1 billion. Expectations were high, but holiday sales did not disappoint.
CPI came in at 0.3% month-on-month and 2.7% on a year-on-year basis for December. Excluding the more volatile components of food and energy, ‘core’ CPI came in at 0.3% month-on-month and 3.3% year-on-year. While core CPI inflation has reaccelerated in the last few months and remains elevated, the underlying drivers are more benign with the increase driven by goods rather than services which have been stickier. Indeed, the largest and most persistent component of service inflation, rents, continued to decelerate to the lowest level since early 2021 in November which will provide comfort to the Fed. The markets did receive some positive news on the inflation outlook to end the year, as the headline and core Personal Consumption Expenditures (PCE) index came in a tenth below expectations on a month-over-month basis, each at 0.1%, for December. However, the year-over-year numbers remained elevated 2.4% and 2.8%, respectively.
BOND MARKET REVIEW
World Stock Market Index Descriptions
S&P 500–The S&P 500 is a market value-weighted index of 500 large-capitalization stocks. The 500 companies included in the index capture approximately 80% of available US market capitalization.
NASDAQ–The NASDAQ Composite Index is the market capitalization-weighted index of over 3.300 common stocks listed on the NASDAQ stock exchange. Dow Jones–The Dow Jones Industrial Average is an index that tracks 30 large, publicly-owned companies trading on the New York Stock Exchange and the NASDAQ. The Financial Times Stock Exchange Group (FTSE)–The FTSE is a share index of the 100 companies listed on the London Stock Exchange with the highest market capitalization. DAX–The Deutscher Aktienindex (DAX) is a blue chip stock market index consisting of the 30 major German companies trading on the Frankfurt Stock Exchange. Hang Seng–The Hang Seng Index is a freefloat-adjusted market-capitalization- weighted stock market index in Hong Kong.
It is used to record and monitor daily changes of the largest companies of the Hong Kong stock market and is the main indicator of overall market performance in Hong Kong. Nikkei–Japan's Nikkei 225 Stock Average is a price-weighted index composed of Japan's top 225 blue-chip companies traded on the Tokyo Stock Exchange. © 2025 Chandler Asset Management, Inc. An Independent Registered Investment Adviser. Data source: Bloomberg, Federal Reserve, and the US Department of Labor. This report is provided for informational purposes only and should not be construed as specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as an indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation, or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment. Fixed income investments are subject to interest rate, credit, and market risk. Interest rate risk: The value of fixed income investments will decline as interest rates rise.
Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low-rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk.
Market risk: the bond market, in general, could decline due to economic conditions, especially during periods of rising interest rates. The S&P Corelogic Case-Shiller home price index tracks monthly changes in the value of residential real estate in 20 metropolitan regions across the nation.
Source: Bloomberg
Source: Bloomberg
Data as of 12/31/2024
Since 1988, Chandler
Asset Management
has specialized in
providing fixed
income investment
solutions to risk-averse
public agencies and
institutions. Chandler’s
mission is to provide
fully customizable
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Current Release
(64.75) $B ln NOV. 30
4.40% SEP. 30
3.80% DEC. 31
8.50% DEC. 23
263.83 DEC. 23
$71.65 DEC. 23
3.40% DEC. 31
0.10% DEC. 31
1.10 DEC. 23
(73.62) $B ln OCT. 31
3.10% SEP. 30
4.20% NOV. 30
7.75% NOV. 29
286.94 NOV. 29
$68.72 NOV. 27
2.70% NOV. 30
2.00% NOV. 30
1.06 NOV. 29
Prior Release
(78.19) $B ln NOV. 30
3.10% SEP. 30
4.10% DEC. 31
7.50% DEC. 31
296.73 DEC. 30
$70.99 DEC. 30
2.90% DEC. 31
2.80% DEC. 31
1.04 DEC. 30
One Year Ago
21 Department Statistics
Calls for Service January 2024 January 2025 Change
721 586 -18.72%
Cases Taken January 2024 January 2025 Change
34 40 +14.70%
Arrests Made January 2024 January 2025 Change
19 24 +76.92%
721 640 744 825
956 941 973
808 780 745
558 549 586
0 200
400
600
800
1000
1200
Calls for Service
Calls for Service
39 34
66 36
49 45
58 66
40 46
36 39 40
0 20
40 60
80 Cases Taken
Cases Taken
19 16 17 18 21 21 19
31 14 14 18 23 24
0 10
20 30
40 Arrests Made
Arrests Made
22 Warrant Arrests January 2024 January 2025 Change
6 7 +16.66%
Top 5 Calls
January 2024 January 2025
Outside Assist 41 Outside Assist 50
Public Assist 22 Alarm 16
Medical 20 Check Person Welfare 13
Trespassing 17 Suspicious Circumstances 12
Suspicious Circumstances 16 Medical 10
6 3
7 11
7 8
7 10
5 4
6 7 7
0 2
4 6
8 10
12 Warrant Arrests
Warrant Arrests
0 5 10 15 20 25 30
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
10/1/2024
11/1/2024
12/1/2024
1/1/2025
Yearly Top 5 Calls January 2024-2025
Animal Complaint Disturbing the Peace Suspicious Circumstances Suspicious Vehicle Suspicious Person 23 Crime Statistics
Crimes
January
2024
January
2025 Change January 2024- January 2025 Yearly Total
Assault – Physical 2 3 +50% 43
Assault – Verbal 0 2 -100% 2
Disturbing the Peace 13 5 -61.53% 155
Domestic Disturbance 0 1 +100% 13
Domestic Violence 0 3 +300% 25
Fraud 1 0 -100% 9
Public Intoxication 1 2 +100% 30
Stolen Vehicle 2 0 -100% 6
TC Hit & Run 1 2 +100% 17
Theft from Vehicle 0 0 0 0
Theft – Grand 0 0 0 12
Theft – Petty 3 2 -33.33% 49
Theft – Shoplifting 0 0 0 0
Trespassing 17 4 -76.47% 521
Vandalism 2 8 +300% 60
2 7
1 4
2 3 42
6 4 3 2 3
0 5
10 Assault - Physical
Assault - Physical
0 0 0 0 0 0 0 0 0 0 0 0
2 0
1 2
3 Assault - Verbal
Assault - Verbal
13 17
7 11 15 18
25 15 12 9 5 3 5 0
10 20
30 Disturbing the Peace
Disturbing the Peace
24 0 0 1 0
7 0 1 1 0 1 1 0 1 0
5 10
Domestic Disturbance
Domestic Disturbance
0 1
3 1 1 1 1
4 2
5 0
3 3
0 2
4 6
Domestic Violence
Domestic Violence
1 1
0 0 0
1 1
0 1 1
2 1
0 0
1 2
3 Fraud
Fraud
1 3
4 2
4 1
4 4
1 2
1 1
2 0
2 4
6 Public Intoxication
Public Intoxication
2 0 0
1 0 0
2 0 0 0 0
1 0 0
1 2
3 Stolen Vehicles
Stolen Vehicles
25 1
2 2
1 0
1 0
2 3
1 1 1
2 0
2 4
Traffic Collisions - Hit & Run
Traffic Collisions - Hit & Run
0 0 0 0 0 0 0 0 0 0 0 0 0 0
0.5 1
Theft from Vehicle
Theft from Vehicle
0 2
0 0
1 1
2 2
1 3
0 0 0 0
2 4
Theft - Grand
Theft - Grand
3 2
8 2
5 10
6 3 3 3 1 1 2 0
5 10
15 Theft - Petty
Theft - Petty
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0.5 1
Theft - Shoplifting
Theft - Shoplifting
26 17 20 18
6 9
17 34 38 35
26 16 11
4 0
20 40
Trespassing
Trespassing
2 7
2 3
5 7
1 0
13 11
2 4
3 05
10 15
Vandalism
Vandalism
27 Traffic Summary
January 2024 January 2025 Change
Traffic Stops 99 160 +61.61%
Traffic Citations Issued 8 14 +75%
Traffic Collisions
January 2024 January 2025 Change January 2024-January 2025 Yearly Total
TC – DUI 0 0 0% 1
TC – Hit & Run 1 2 +100% 17
TC – Info Exchange 4 2 -50% 45
TC - Injury 1 0 -100% 9
Total 6 4 -33.33% 72
99 109
171
203
152 134
114 121 120 110 121 102
160
8 10 17 19 25 26 20 27 9 14 23 16 14 0
50 100
150
200
250
Traffic Stops
11-95 Traffic Citations Issued
0 0 0 0
1 0 0 0 0 0 0 0 0
1 2 2
1 0
1 0
2 3
1 1 1
2 4
1 1
2 7
8 4
3 2
5 3 3
2 1
2 0 0
2 1
2 0 0 0
1 0 0 0
1 2
3 4
5 6
7 8
9 Traffic Collisions
TC - DUI Hit & Run TC - Info Exchange TC - Injury
28 Traffic Accident Location Summary
01/10/2025 1108 Oak St- TC Hit & Run- No injury, Log Info Only 01/13/2025 205 W Lake St- TC Information Only- No injury, parties exchanged information. 01/15/2025 Abrams Lake Rd/N Old Stage- Outside Assist
01/22/2025 329 N Mt Shasta Blvd-TC Hit and Run-No Injury, Log Info Only DUI Summary
January 2024 January 2025 Change
DUI Complaints NA NA NA
DUI Arrests 0 7 +100%
* DUI Complaints no longer tracked in new CAD system as of 11/01/2022. 0 2
3 2 2
0 0
7 0
5 4 4
7 0
2 4
6 8
DUI Summary
DUI Complaints DUI Arrests
29 Patrol Information
Foot Patrol
January 2024 January 2025 Change January 2024-January 2025 Yearly Total
27 21 -22.22% 304
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.
27 22 16 23
53 33 31 28
15 21
9 5
21 0
20 40
60 Foot Patrol
Foot Patrol
30 Municipal Summary
Municipal Calls for Service
January 2024 January 2025
January 2024-
January 2025 Yearly
Total
Muni Code – Other 4 6 121
Muni Code - Parking 5 4 134
Total 9 10 255
LiveScans January 2024 January 2025
11 2
Court Activity
4 11 11
15 3
7 20
8 14
10 7 5 6 5
11 5
11 17 15 17
10 22
9 7
1 4
0 5
10 15
20 25
Municipal Calls for Service
Muni Code - Other Muni Code - Parking
4 1 1
5 5
0 2 3 40 0 1 0 0
10 Court Activity
Court Activity
31 Social Media
Facebook
Followers Posts Reach Engaged Users Reactions
12,690 8 58,780 Not Available 1070
Twitter
Followers Tweets Impressions Mentions
390 0 0 0
Instagram
Followers Posts Likes
2178 7 131
Nextdoor
Posts Impressions Reactions
0 0 0
32 Memorandum of Understanding
Between
City of Mt. Shasta
and
General Teamsters Local 137 – Dispatch Unit
March 10, 2025, through June 30, 2029
33 City of Mt. Shasta i Dispatch MOU 2025-2029
Table of Contents
Page
Preamble......................................................................................................................... 1 Recognition ..................................................................................................... 1 Union Rights.................................................................................................... 1
2.1. Dues................................................................................................................... 1
2.2. Access to Employees......................................................................................... 1
2.3. Notice of Meet and Confer ................................................................................. 1
2.4. Individual Rights................................................................................................. 1 Pay Practices .................................................................................................. 2
3.1. Wage Schedule.................................................................................................. 2
3.2. Step Advancement............................................................................................. 2
3.3. Base Rate of Pay ............................................................................................... 2
3.4. Regular Rate of Pay........................................................................................... 2
3.5. Overtime............................................................................................................. 2
3.6. Shift Schedule.................................................................................................... 2 Wages............................................................................................................. 2
4.1. Wage Increases ................................................................................................. 2
4.2. Salary Survey..................................................................................................... 3 Premium Pays................................................................................................. 3
5.1. Longevity Pay..................................................................................................... 3
5.2. POST Dispatcher Certificates ............................................................................ 3
5.3. Education Pay .................................................................................................... 3
5.4. Shift Differential.................................................................................................. 4
5.5. Training Premium............................................................................................... 4
5.6. Call Back Pay..................................................................................................... 4
5.7. Blue Light Eye Wear Reimbursement ................................................................ 4 Insurances....................................................................................................... 4
6.1. Health Insurance................................................................................................ 4 Leaves ............................................................................................................ 5
7.1. Holidays ............................................................................................................. 5
7.2. Holiday In Lieu ................................................................................................... 5
7.3. Vacation Leave .................................................................................................. 6
7.4. Sick Leave.......................................................................................................... 6
7.5. Sick Leave Payoff .............................................................................................. 6
7.6. Bereavement Leave ........................................................................................... 6
7.7. Jury Duty............................................................................................................ 6 Retirement....................................................................................................... 7
8.1. CalPERS Retirement ......................................................................................... 7 Probationary Periods....................................................................................... 7
9.1. Initial Probationary Period .................................................................................. 7
9.2. Promotional Probationary Period ....................................................................... 7
9.3. Extension of the Probationary Period................................................................. 8
9.4. Voluntary Resignation ........................................................................................ 8 Grievance Procedure .................................................................................... 8
10.1. Definitions ....................................................................................................... 8 34 City of Mt. Shasta ii Dispatch MOU 2025-2029
10.2. Informal Step .................................................................................................. 8
10.3. Step 1 ............................................................................................................. 9
10.4. Step 2 ............................................................................................................. 9 Discipline Procedure ..................................................................................... 9
11.1. Employee Representation............................................................................... 9
11.2. Progressive Discipline..................................................................................... 9
11.3. Grounds for Discipline................................................................................... 10
11.4. Notice............................................................................................................ 11
11.5. Appeals of Suspensions of Less than Five Days .......................................... 11
11.6. Appeals of Suspensions of More than Five Days ......................................... 12
11.7. Mediation ...................................................................................................... 12
11.8. Administrative Law Judge ............................................................................. 12
11.9. Costs............................................................................................................. 12
11.10. Final Decision ............................................................................................ 12 No Strike Clause ......................................................................................... 12 Severability.................................................................................................. 13 Term............................................................................................................ 13 Appendix “A” Recognition.............................................................................................. 14 Appendix “B” Wage Schedule ....................................................................................... 15 35 City of Mt. Shasta 1 Dispatch MOU 2025-2029
Preamble
This Memorandum of Understanding between the City of Mt. Shasta (City) and the General Teamsters Local 137 – Dispatch Unit (Local 137) has as its purpose the promotion of harmonious labor relations between the City and Local 137, and the establishment of wages, hours of work, and other conditions of employment pursuant to Government Code Section 3504.
Recognition
The City recognizes General Teamsters Local 137 as the sole and exclusive representative for classifications listed in Appendix “A” Recognition.
Union Rights
2.1. Dues
Upon certification from Local 137 that an employee has signed an authorization for the deduction of dues, the City will make payroll deductions in an amount to be determined by Local 137 and communicated to the City. The City promptly remits deductions to Local 137. Employee requests to cancel membership dues deductions must be directed to local 137. Upon notification from Local 137 that an employee has canceled membership dues, the City will promptly cease dues deductions from the employee’s paycheck. Local 137 must indemnify the City for any claims made by the employee for deductions made in reliance on that certification, in accordance with Government Code §1157.12(a).
2.2. Access to Employees
Representatives of Local 137 are permitted to access City property to confer at a reasonable time with employees on matters of employer-employee relations.
Representatives may meet with employees in designated break areas or conference rooms during breaks. Representatives will not interfere with work in progress. They must obtain the Finance Director’s approval before entering any other City property and schedule the use of conference rooms with the Finance Director.
2.3. Notice of Meet and Confer
The City will notify Local 137 regarding new or modified job classifications or policies that fall within the scope of representation under the MMBA. Local 137 has fifteen (15) days to request a meet-and-confer. Two (2) members of Local 137 may be on paid release time while attending meetings with the City during the meet-and-confer process.
2.4. Individual Rights
Neither the City nor Local 137 will interfere with, intimidate, coerce, restrain, or discriminate against an employee because they exercised their right to engage in or refrain from engaging in activities pursuant to Section 3500 et seq. of the California Government Code.
36 City of Mt. Shasta 2 Dispatch MOU 2025-2029
Pay Practices
3.1. Wage Schedule
The wage schedule consists of five (5) steps, with two and a half percent (2.5%) between steps (A) through (E). It is attached as Appendix “B” Wage Schedule, as amended.
3.2. Step Advancement
Employees will automatically receive a step advancement until they reach the top step of their salary schedule unless they receive a performance evaluation before their anniversary date where the overall rating is equivalent to “does not meet expectations” or “needs improvement.” The anniversary date is defined as the employee’s date of hire or last date of promotion, whichever is later.
3.3. Base Rate of Pay
An employee's base rate of pay is their monthly step for their wage schedule times twelve, divided by 2080 and rounded to the nearest penny.
3.4. Regular Rate of Pay
The Regular Rate of Pay is determined by the Fair Labor Standards Act (FLSA).
3.5. Overtime
Employees required to work in excess of forty (40) hours in the work period receive overtime at one-and-a-half times the employee’s regular rate of pay.
3.6. Shift Schedule
Dispatchers will be assigned to the 3/12 – 4/12 work schedule.
Wages
4.1. Wage Increases
Effective March 10, 2025, Dispatcher classifications will receive a twenty-five percent (25%) wage increase; and the Police Services Manager will receive a fifteen percent (15%) wage increase.
Effective July 1, 2026, all classifications will be increased from one percent (1.0%) to three percent (3.0%), based on the prior year's April-to-April movement of the CPI. The applicable CPI is the San Francisco/Bay Area, Wage Earners 1984=100.
Effective July 1, 2027, all classifications will be increased from one percent (1.0%) to three percent (3.0%), based on the prior year's April-to-April movement of the CPI. The applicable CPI is the San Francisco/Bay Area, Wage Earners 1984=100. 37 City of Mt. Shasta 3 Dispatch MOU 2025-2029
Effective July 1, 2028, all classifications will be increased from one percent (1.0%) to three percent (3.0%), based on the prior year's April-to-April movement of the CPI. The applicable CPI is the San Francisco/Bay Area, Wage Earners 1984=100.
4.2. Salary Survey
Salary Surveys include only the following comparable agencies: City of Weed, City of Yreka, and Siskiyou County, and will use only the following compensation data: Top Step Base Salary, Maximum Longevity Pay, Education Pay; POST Pay, Health Benefits (employer’s maximum contribution towards family medical); Deferred Compensation, employer Social Security contribution, and employee pickup of employer pension costs using the PEPRA retirement tier. The median of the market will be identified in the survey. *Benefits that have been sunset and are no longer available for new employees will not be included.
Premium Pays
5.1. Longevity Pay
Employees receive longevity pay as follows:
Upon completion of five (5) consecutive years of service with the City, employees receive two and a half percent (2.5%) of their base hourly rate of pay.
Upon completion of ten (10) consecutive years of service with the City, employees receive an additional two and a half percent (2.5%) of their base hourly rate of pay.
Upon completion of fifteen (15) consecutive years of service with the City, employees receive an additional two and a half percent (2.5%) of their base hourly rate of pay.
Upon completion of twenty (20) consecutive years of service with the City, employees receive an additional two and a half percent (2.5%) of their base hourly rate of pay.
5.2. POST Dispatcher Certificates
Employees who possess a Dispatcher Intermediate POST Certificate receive POST Certificate Pay in the amount of two and a half percent (2.5%) of their base hourly rate of pay.
Employees who possess a Dispatcher Advanced POST Certificate receive POST Certificate Pay in the amount of two and a half percent (2.5%) of their base hourly rate of pay.
5.3. Education Pay
Employees in the classification of Police Services Manager who possess a bachelor’s degree receive five percent (5%) of their base hourly rate of pay. 38 City of Mt. Shasta 4 Dispatch MOU 2025-2029
5.4. Shift Differential
Employees routinely and consistently assigned to the graveyard shift will receive a Shift Differential of five percent (5.0%) of their base hourly rate of pay per pay period for the duration of the assignment.
5.5. Training Premium
Employees who are routinely and consistently assigned to train employees will receive Training Premium in the amount of five percent (5.0%) of their base hourly rate of pay per pay period for the duration of the assignment.
5.6. Call Back Pay
Employees required to physically return to work at a City work site will receive a minimum of three (3) hours at the applicable overtime rate or, if the hours are contiguous to their normal work shift, the actual hours worked at the applicable pay rate. An employee called back and is canceled before leaving for work will receive one (1) hour at their overtime rate. Employees who are subpoenaed for court and are canceled after 8 am on the day of court will receive two (2) hours at their overtime rate.
5.7. Blue Light Eye Wear Reimbursement
Employees will be reimbursed for eyewear that contains blue light protection up to one hundred and fifty dollars ($150.00) annually.
Insurances
6.1. Health Insurance
The City provides a “Flexible Benefit Cafeteria Plan” for health insurance benefits, including medical, dental, and vision coverage pursuant to IRS Code Section 125.
Medical, Dental, and Vision coverage is through the Northern California General Teamsters Security Fund Plan Select Plus or Plan E Plus (with an HSA option). The City pays the total monthly premium per eligible employee for the Northern California General Teamsters Security Trust Fund, Plan E Plus, with a HSA/HRA or Select Plus for its employees.
Employees are eligible for benefits on the first of the month following thirty (30) days of employment. To maintain eligibility employees must be in a paid status for a minimum of eighty (80) hours per month.
The City pays the entire deductible for the Plan E Plus with HSA/HRA. The City frontloads the employer HSA/HRA contributions annually in January. All employees participating in Plan E Plus must sign an HSA/HRA Frontloading Agreement. Employees who leave City employment during the year are responsible for repaying unearned contributions. Should 39 City of Mt. Shasta 5 Dispatch MOU 2025-2029
a separating employee’s final paycheck be inadequate to cover the amount to be deducted, the employee is responsible for making the City whole.
Upon hire, and once eligible, employees will have their HSA funded on a pro-rated basis.
Employees must sign an enrollment form authorizing additional voluntary contributions to their HSA account via payroll deductions. Deductions take effect thirty (30) days following the receipt of the signed enrollment form.
There is an annual open enrollment period that allows employees to “opt in” and “opt out” or change their tier or plan. Employees who have a qualifying event may make these changes as governed by the Trust.
Leaves
7.1. Holidays
The City recognizes the following holidays:
New Year's Day
Martin Luther King Jr.'s Birthday
President’s Day
Cesar Chavez Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day
Day after Thanksgiving
December 24th
December 25th
7.2. Holiday In Lieu
Dispatchers and the Police Services Manager are in positions that are scheduled to work without regard for the holidays listed above. Employees receive holiday-in-lieu in the amount of five percent (5%) of their base hourly rate of pay in lieu of receiving any other form of holiday compensation.
40 City of Mt. Shasta 6 Dispatch MOU 2025-2029
7.3. Vacation Leave
Employees accrue vacation per pay period based on continuous employment with the City as follows:
Months of Service Approximate Accrual
Completion of less than 60 4.62
Completion of 60 6.15
Completion of 120 7.69
Employees may accrue vacation to a maximum of three hundred (300) hours. Upon separation, employees will be paid out for all accumulated and unused vacation leave at their straight-time rate of pay.
7.4. Sick Leave
Full-time employees accrue 3.69 hours of sick leave per pay period without limit.
7.5. Sick Leave Payoff
Upon retirement from the City, employees may make an irrevocable election to either receive cash payment for twenty-five percent (25%) of their unused sick leave up to a maximum of four hundred eighty (480) hours or convert all of their unused sick leave to service credit as determined by CA Govt Code § 20965.
7.6. Bereavement Leave
Employees who the City has employed for at least thirty (30) days are entitled to five (5) days of bereavement leave in the event of the death of a “family member.” The City provides paid leave for the first forty (40) hours; the employee may use sick leave or vacation for any additional bereavement leave. Employees who utilize bereavement leave must notify their supervisor of their intent to use it. Bereavement leave must be taken within three (3) months following the date of death of the family member. The City may request an employee seeking bereavement leave to provide documentation to support the leave. “Family member” is defined as the employee’s spouse, child, parent, parentin-law, sibling, sibling-in-law, grandchild, and grandparent.
7.7. Jury Duty
An employee summoned for jury duty during working hours will receive a leave of absence with pay for jury duty, provided that the employee reports to work on any day(s) the employee is released from service when it is feasible to report to work. Employees who receive a jury summons must notify their supervisor within five (5) days of receiving the notice.
41 City of Mt. Shasta 7 Dispatch MOU 2025-2029
Retirement
8.1. CalPERS Retirement
The City contracts with California Public Employees Retirement System (CalPERS) for retirement benefits as follows:
1. Employees hired before January 1, 2013, and employees hired on or after January 1, 2013, with reciprocity recognized under CalPERS: These employees are provided a retirement benefit of 2.0% at age 55 formula with the three-year final average compensation period and Social Security Coverage Modified. These employees pay seven percent (7.0%) of the employee member contribution on a pre-tax basis.
2. Employees hired after December 31, 2012, without reciprocity recognized under CalPERS: These employees are provided a retirement benefit of 2.0% at age 62 formula with the three-year final average compensation period, as defined by CalPERS in Government Code Section 20037 and Social Security Coverage Full.
These employees pay one-half the total normal cost as determined annually by CalPERS on a pre-tax basis.
Optional Benefits – All retirement plans have the following optional CalPERS retirement benefits:
• Sick Leave Credit
• Non-Industrial Disability – Standard
• Pre-Retirement Death Benefits
o Optional Settlement 2
• Post-Retirement Death Benefits
o Lump Sum $2,000
• 2% retiree COLA
Probationary Periods
9.1. Initial Probationary Period
Upon hire, employees serve a probationary period of twelve (12) months of actual and continuous service. During this probationary period, the employee is at-will and may be released from probation at any time during the probationary period with or without cause or reason and without notice or appeal rights.
9.2. Promotional Probationary Period
Upon promotion, employees serve a probationary period of six (6) months. During this probationary period, the employee may be released from probation at any time during the probationary period with or without cause or reason and without notice or appeal rights.
Employees who obtained permanent status in a previous position and are subsequently released from a promotional probationary period will be reinstated to the position last held by the employee before the promotion.
42 City of Mt. Shasta 8 Dispatch MOU 2025-2029
9.3. Extension of the Probationary Period
At the discretion of the Department Head or designee, the employee’s probation may be extended twice in three (3) month intervals to a maximum of six (6) months.
9.4. Voluntary Resignation
Employees absent without official leave for three (3) or more consecutive days or absent an aggregate of thirty (30) hours in any calendar month without a satisfactory explanation will be deemed to have voluntarily resigned from the City.
Grievance Procedure
The purpose of this procedure is to provide an orderly process for reviewing and resolving employee grievances at the lowest possible administrative level and in the shortest possible time. Timelines may be extended by mutual agreement.
10.1. Definitions
1. A grievance is a complaint of one (1) or more employees or a dispute between Local 137 and the City involving the application or enforcement of the express terms of this Agreement.
2. A grievant is one (1) or more employees or local 137 who submits a grievance.
3. Disciplinary actions of an employee are not subject to the grievance procedure. Those matters are governed by the disciplinary procedure set forth in this Agreement.
4. The written grievance must include the following:
a. A statement of the grievance clearly indicating the question raised by the grievance and the article(s) and section(s) of this Agreement. b. The remedy or correction requested.
c. The grievance form must be signed and dated by the grievant.
10.2. Informal Step
Within fifteen (15) calendar days from the event giving rise to the grievance or from the date the employee could reasonably have expected to have known about the event, the grievant is encouraged to discuss the grievance informally with their supervisor in an attempt to resolve it.
43 City of Mt. Shasta 9 Dispatch MOU 2025-2029
10.3. Step 1
Within fifteen (15) calendar days from the event giving rise to the grievance or from the date the employee could reasonably have expected to have had knowledge of the event, the grievant must file a formal written grievance with the Police Chief. Within fifteen (15) calendar days of receiving the grievance, the Police Chief or designee will investigate the grievance. Within thirty (30) calendar days of receiving the grievance, the Police Chief or designee will provide the grievant a written response.
10.4. Step 2
If the grievant is not satisfied with the Step 1 response, the grievant may, within fifteen (15) calendar days, file a written appeal to the City Manager. Within fifteen (15) calendar days of receiving the grievance, the City Manager will investigate the grievance. Within thirty (30) calendar days of receiving the grievance, the City Manager will provide the grievant a written response. The City Manager’s decision is final.
Discipline Procedure
11.1. Employee Representation
Employees may have a representative present at all stages of the disciplinary process, provided that the representative is not a party or witness to the action. When an employee is required to meet with a supervisor or manager and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action (i.e., an investigatory interview), upon request, the employee is entitled to have a steward or other representative present. Upon request, the employee is entitled to know the general subject of any meeting the employee must attend.
Employees can request and designate their representative/attorney at any step of the discipline procedure. The request or designation at any step of the discipline procedure does not prevent an employee from requesting or designating a different representative/attorney to appear on the employee’s behalf at a subsequent step in the discipline procedure.
11.2. Progressive Discipline
The City applies the principle of progressive discipline where a disciplinary penalty will depend on multiple factors, including but not limited to the severity of the offense, recidivism, aggravating and/or mitigating circumstances, and the employee’s overall disciplinary history, if any. Disciplinary actions may be monetary and/or non-monetary. a) Warnings
Warnings are not considered discipline. Warnings may either be verbal or written reminders relating to the policy of the City and represents notice and an effort on the part of the City to assist employees with improving performance. Warnings may include confirmations of discussion, 44 City of Mt. Shasta 10 Dispatch MOU 2025-2029
documented coaching and counseling meetings with written policy reminders, counseling memoranda, or performance improvement plans (PIP).
b) Reprimands
Reprimands will be removed from the employee’s personnel file one (1) year after the date of issuance, provided the conduct forming the basis for the reprimand has not recurred.
c) Reductions in Pay
d) Unpaid Suspensions
e) Demotions
f) Employment Termination
11.3. Grounds for Discipline
Grounds for discipline include but are not limited to the following:
• Actual or threatened violence, harassment, and/or abusive treatment of the public or fellow employees.
• Conviction of a felony or conviction of a misdemeanor that adversely affects the employee’s ability to perform the duties and responsibilities of the employee’s position. A plea of guilty or a conviction following a plea of nolo contendere is deemed a conviction within the meaning of this Section. • Failure to possess or keep in effect any license, certificate, or other similar requirement specified in the employee’s position specification. • Dishonesty.
• Possession, distribution, sale, use, or where the performance of duties is impaired by alcoholic beverages or illegal drugs while on City property, while on duty, or while operating a vehicle on City business.
• Theft or unauthorized removal or possession of property or equipment from the City, other employees, or anyone on City property.
• Falsifying, making erroneous entries or material omissions on City records. • Disorderly and/or unsafe conduct or actions, including violating safety or health rules or practices or engaging in conduct that creates a safety or health hazard. • Willful destruction, damage and/or misuse of property of the City, another employee, or a City visitor.
45 City of Mt. Shasta 11 Dispatch MOU 2025-2029
• Possession or use of dangerous or unauthorized materials, such as explosives, firearms, or other similar items capable of causing great bodily harm or death while on City property, while on duty, or while operating a City vehicle. • Incompetence, inefficiency, negligence, failure to perform work as required, and/or unsatisfactory performance, including quantity and/or quality of work product. • Violation of established City codes, policies, procedures, rules and regulations, and/or violation of any lawful or reasonable regulation or order made and given by an employee’s supervisor.
• Insubordination, including improper conduct toward a supervisor or refusal to perform tasks assigned by a supervisor appropriately.
• Abandonment of position by unauthorized or unexcused absence for two (2) or more consecutive scheduled workdays.
• Excessive (and/or abusive) absenteeism and/or tardiness, including abuse of established sick leave policies and other leave and/or attendance policies. • Smoking in prohibited areas.
• Engaging in unlawful strikes, individual or group slowdowns, work stoppages, or violating or ordering the violation of this Agreement.
11.4. Notice
The employee and the employee’s representative will be given written notice of proposed disciplinary action at least seven (7) days before the date of the proposed disciplinary action.
Before the effective date of the disciplinary action that results in a pay reduction, unpaid suspension, demotion, or termination, the employee may request a Skelly meeting to discuss the proposed disciplinary action. The employee or their representative may respond to the proposed disciplinary action.
If the City decides to proceed with disciplinary action after the Skelly meeting, the Skelly Officer will prepare the Notice of Discipline that includes the facts and the discipline imposed and describes the employee’s appeal right.
11.5. Appeals of Suspensions of Less than Five Days
An employee or their representative may appeal reductions in pay or unpaid suspensions of five (5) days or less directly to the City Manager by notifying the City Manager within seven (7) days of issuing the Notice of Discipline by the Skelly Officer. 46 City of Mt. Shasta 12 Dispatch MOU 2025-2029
11.6. Appeals of Suspensions of More than Five Days
An employee or their representative may appeal reductions in pay or unpaid suspensions or reductions in pay of more than five (5) days, demotions, or termination to Mediation or an Administrative Law Judge by notifying the City Manager within seven (7) days of the issuance of the Notice of Discipline by the Skelly Officer.
11.7. Mediation
If the employee or their representative requests mediation, the City Manager will request a mediator from the California State Mediation and Conciliation Services. The parties will schedule mediation as soon as practicable. Any cost for the mediator will be shared equally by the parties.
11.8. Administrative Law Judge
If the employee is unhappy with the outcome of mediation or requests to go directly to an Administrative Law Judge, the City Manager will contact the California Office of Administrative Hearings to assign an Administrative Law Judge. The City Manager is responsible for scheduling and notifying the employee about the time and place of the hearing and notifying the Administrative Law Judge of the nature of the proceedings.
Unless otherwise stipulated, the hearing is closed to the public and conducted in an informal manner under the direction and authority of the Administrative Law Judge.
Employees called as witnesses serve without loss of pay.
11.9. Costs
The cost of the Administrative Law Judge and court reporter will be shared equally between the City and Local 137. The hearing transcript becomes a record of the proceedings for the purpose of any future judicial review.
11.10. Final Decision
Within forty-five (45) days of the conclusion of the hearing, unless waived by the parties, the Administrative Law Judge will prepare the record of the hearing and will submit a written decision of findings of fact, rulings of law (if any), and a decision to the City Manager. Copies will be sent to the parties. The Administrative Law Judge's decision is final.
No Strike Clause
Local 137 agrees that during the term of this Agreement, neither it nor its officers, employees, or members will engage in, encourage, sanction, support, or suggest any strikes, work stoppages, boycotts, slowdowns, mass absenteeism, picketing, sympathy strikes, sickouts or any other similar actions which would involve suspension of or interference with the normal work of the City. If any concerted action as described above 47 City of Mt. Shasta 13 Dispatch MOU 2025-2029
occurs, Local 137 will notify its members that their activity violates this Agreement and will notify them that the concerted action must cease and the members must return to work.
Local 137 must take whatever legal action is necessary to ensure that its members return to work. Failure to do so may result in the City sanctioning Local 137.
Severability
If any article or section of this Agreement is found invalid, unlawful, or unenforceable because of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections remain in full force and effect. In the event of invalidation of any provision, the City and Local 137 will meet within thirty (30) days to meet and confer in an attempt to agree upon a replacement of the provision.
Term
The term of this agreement is from March 10, 2025, through June 30, 2029. The parties agree that this is the complete MOU and that it may be modified only in writing by mutual agreement. This MOU supersedes all prior MOUs, agreements, and side letters.
Date: ___________________ Date: __________________
City of Mt. Shasta
__________________________
Todd Juhasz
City Manager
General Teamsters Local 137
__________________________
Jennifer Lensing
Bargaining Team Member
__________________________
Malisa Dodd
Finance Director
__________________________
Amber Orrey
Bargaining Team Member
__________________________
Michael W. Jarvis
Liebert Cassidy Whitmore
__________________________
Heather McFall
General Teamsters Local 137
48 City of Mt. Shasta 14 Dispatch MOU 2025-2029
Appendix “A” Recognition
Communications Dispatcher
Police Dispatch Supervisor
Police Services Manager
49 City of Mt. Shasta 15 Dispatch MOU 2025-2029
Appendix “B” Wage Schedule
50 Memorandum of Understanding
Between
City of Mt. Shasta
and
General Teamsters Local 137 – Public Works Unit
March 10, 2025, through June 30, 2028
51 City of Mt. Shasta i Public Works MOU 2025-2028
Table of Contents
Page
Preamble......................................................................................................................... 1 Recognition ..................................................................................................... 1 Union Rights.................................................................................................... 1
2.1. Dues................................................................................................................... 1
2.2. Access to Employees......................................................................................... 1
2.3. Notice of Meet and Confer ................................................................................. 1
2.4. Individual Rights................................................................................................. 1 Pay Practices .................................................................................................. 2
3.1. Wage Schedule.................................................................................................. 2
3.2. Step Advancement............................................................................................. 2
3.3. Base Rate of Pay ............................................................................................... 2
3.4. Regular Rate of Pay........................................................................................... 2
3.5. Overtime............................................................................................................. 2
3.6. Compensatory Time Off Payout......................................................................... 2 Wages............................................................................................................. 2
4.1. Wage Increases ................................................................................................. 2
4.2. Salary Survey..................................................................................................... 3 Premium Pays................................................................................................. 3
5.1. Longevity Pay..................................................................................................... 3
5.2. On-Call Pay........................................................................................................ 3
5.3. Call Back Pay..................................................................................................... 3
5.4. Snow Removal................................................................................................... 3
5.5. Class A Driver’s License .................................................................................... 4
5.6. Wastewater Incentive Pay (SWRCB)................................................................. 4
5.7. Backflow Pay...................................................................................................... 4
5.8. Qualified Pesticide Applicator Certificate Pay .................................................... 4
5.9. Water Distribution Incentive Pay (SWRCB)........................................................ 4
5.10. Safety Boots ................................................................................................... 4 Insurances....................................................................................................... 5
6.1. Health Insurance................................................................................................ 5 Leaves ............................................................................................................ 5
7.1. Holidays ............................................................................................................. 5
7.2. Vacation Leave .................................................................................................. 6
7.3. Sick Leave.......................................................................................................... 6
7.4. Sick Leave Payoff .............................................................................................. 6
7.5. Bereavement Leave ........................................................................................... 6
7.6. Jury Duty............................................................................................................ 7 Retirement....................................................................................................... 7
8.1. CalPERS Retirement ......................................................................................... 7 Probationary Periods....................................................................................... 8
9.1. Initial Probationary Period .................................................................................. 8
9.2. Promotional Probationary Period ....................................................................... 8
9.3. Extension of the Probationary Period................................................................. 8
9.4. Voluntary Resignation ........................................................................................ 8 52 City of Mt. Shasta ii Public Works MOU 2025-2028
Grievance Procedure .................................................................................... 8
10.1. Definitions ....................................................................................................... 8
10.2. Informal Step .................................................................................................. 9
10.3. Step 1 ............................................................................................................. 9
10.4. Step 2 ............................................................................................................. 9 Discipline Procedure ..................................................................................... 9
11.1. Employee Representation............................................................................... 9
11.2. Progressive Discipline................................................................................... 10
11.3. Grounds for Discipline................................................................................... 10
11.4. Notice............................................................................................................ 11
11.5. Appeals of Suspensions of Less than Five Days .......................................... 12
11.6. Appeals of Suspensions of More than Five Days ......................................... 12
11.7. Mediation ...................................................................................................... 12
11.8. Administrative Law Judge ............................................................................. 12
11.9. Costs............................................................................................................. 12
11.10. Final Decision ............................................................................................ 13 No Strike Clause ......................................................................................... 13 Severability.................................................................................................. 13 Term............................................................................................................ 13 Appendix “A” Recognition.............................................................................................. 15 Appendix “B” Wage Schedule ....................................................................................... 16 53 City of Mt. Shasta 1 Public Works MOU 2025-2028
Preamble
This Memorandum of Understanding between the City of Mt. Shasta (City) and the General Teamsters Local 137 – Public Works Unit (Local 137) has as its purpose the promotion of harmonious labor relations between the City and Local 137, and the establishment of wages, hours of work, and other conditions of employment pursuant to Government Code Section 3504.
Recognition
The City recognizes General Teamsters Local 137 as the sole and exclusive representative for classifications listed in Appendix “A” Recognition.
Union Rights
2.1. Dues
Upon certification from Local 137 that an employee has signed an authorization for the deduction of dues, the City will make payroll deductions in an amount to be determined by Local 137 and communicated to the City. The City promptly remits deductions to Local 137. Employee requests to cancel membership dues deductions must be directed to local 137. Upon notification from Local 137 that an employee has canceled membership dues, the City will promptly cease dues deductions from the employee’s paycheck. Local 137 must indemnify the City for any claims made by the employee for deductions made in reliance on that certification, in accordance with Government Code §1157.12(a).
2.2. Access to Employees
Representatives of Local 137 are permitted to access City property to confer at a reasonable time with employees on matters of employer-employee relations.
Representatives may meet with employees in designated break areas or conference rooms during breaks. Representatives will not interfere with work in progress. They must obtain the Finance Director’s approval before entering any other City property and schedule the use of conference rooms with the Finance Director.
2.3. Notice of Meet and Confer
The City will notify Local 137 regarding new or modified job classifications or policies that fall within the scope of representation under the MMBA. Local 137 has fifteen (15) days to request a meet-and-confer. Two (2) members of Local 137 may be on paid release time while attending meetings with the City during the meet-and-confer process.
2.4. Individual Rights
Neither the City nor Local 137 will interfere with, intimidate, coerce, restrain, or discriminate against an employee because they exercised their right to engage in or refrain from engaging in activities pursuant to Section 3500 et seq. of the California Government Code.
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Pay Practices
3.1. Wage Schedule
The wage schedule consists of five (5) steps, with two and a half percent (2.5%) between steps (A) through (E). It is attached as Appendix “B” Wage Schedule, as amended.
3.2. Step Advancement
Employees will automatically receive a step advancement until they reach the top step of their salary schedule unless they receive a performance evaluation before their anniversary date where the overall rating is equivalent to “does not meet expectations” or “needs improvement.” The anniversary date is defined as the employee’s date of hire or last date of promotion, whichever is later.
3.3. Base Rate of Pay
An employee's base rate of pay is their monthly step for their wage schedule times twelve, divided by 2080 and rounded to the nearest penny.
3.4. Regular Rate of Pay
The Regular Rate of Pay is determined by the Fair Labor Standards Act (FLSA).
3.5. Overtime
Employees required to work in excess of forty (40) hours in the work period receive overtime at one-and-a-half times the employee’s regular rate of pay.
3.6. Compensatory Time Off Payout
All CTO balances on June 29, 2025, will be cashed out and paid on the employee's July 3, 2025, paycheck.
Wages
4.1. Wage Increases
Effective March 10, 2025, The Chief Plant Operator and Wastewater Plant Operator classifications will receive a twenty-two percent (22%) wage increase; and all other classifications will receive a five percent (5%) wage increase.
Effective July 1, 2026, all classifications will be increased from one percent (1.0%) to three percent (3.0%), based on the prior year's April-to-April movement of the CPI. The applicable CPI is the San Francisco/Bay Area, Wage Earners 1984=100.
Effective July 1, 2027, all classifications will be increased from one percent (1.0%) to three percent (3.0%), based on the prior year's April-to-April movement of the CPI. The applicable CPI is the San Francisco/Bay Area, Wage Earners 1984=100. 55 City of Mt. Shasta 3 Public Works MOU 2025-2028
4.2. Salary Survey
Salary Surveys include only the following comparable agencies: City of Weed, City of Yreka, and Siskiyou County, and will use only the following compensation data: Top Step Base Salary, Maximum Longevity Pay, Education Pay; Health Benefits (employer’s maximum contribution towards family medical); Deferred Compensation, employer Social Security contribution, and employee pickup of employer pension costs using the PEPRA retirement tier. The median of the market will be identified in the survey. *Benefits that have been sunset and are no longer available for new employees will not be included.
Premium Pays
5.1. Longevity Pay
Employees receive longevity pay as follows:
Upon completion of five (5) consecutive years of service with the City, employees receive two and a half percent (2.5%) of their base hourly rate of pay.
Upon completion of ten (10) consecutive years of service with the City, employees receive an additional two and a half percent (2.5%) of their base hourly rate of pay.
Upon completion of fifteen (15) consecutive years of service with the City, employees receive an additional two and a half percent (2.5%) of their base hourly rate of pay.
Upon completion of twenty (20) consecutive years of service with the City, employees receive an additional two and a half percent (2.5%) of their base hourly rate of pay.
5.2. On-Call Pay
Employees required to be on-call will receive three hundred and fifty dollars ($350.00) per week they are on-call. Employees will receive an additional eighty dollars ($80.00) for each City-recognized holiday within their on-call assignment.
5.3. Call Back Pay
Employees required to physically return to work at a City work site will receive a minimum of three (3) hours at the applicable overtime rate or, if the hours are contiguous to their normal work shift, the actual hours worked at the applicable pay rate. An employee called back and is canceled before leaving for work will receive one (1) hour at their overtime rate.
5.4. Snow Removal
During snow removal operations that last longer than six (6) hours, Public Works employees will be provided a hot meal. When the operators are going to continue for longer than ten (10) hours, a second hot meal will be provided. Snow removal must start or end outside of the regular work hours.
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5.5. Class A Driver’s License
Employees who possess a Class “A” Commercial California Driver’s License will receive an additional two percent (2.0%) of their base hourly rate of pay.
5.6. Wastewater Incentive Pay (SWRCB)
Employees in the Wastewater Plant Operator I/II classification who possess a valid Treatment Plant Operator Grade II Certificate from the State Water Resources Control Board receive Wastewater Incentive Pay in the amount of two percent (2.0%) of their base hourly rate of pay.
Employees in the Chief Plant Operator classification who possess a valid Treatment Plant Operator Grade IV Certificate from the State Water Resources Control Board receive Wastewater Incentive Pay in the amount of two percent (2.0%) of their base hourly rate of pay.
5.7. Backflow Pay
Employees in the Public Works Maintenance Worker Lead-Utilities classification who possess a Backflow Prevention Assembly Tester Certificate receive Backflow Pay in the amount of two percent (2.0%) of their base hourly rate of pay.
5.8. Qualified Pesticide Applicator Certificate Pay
Employees who possess a California Pesticide Applicator Certificate receive Qualified Pesticide Applicator Certificate Pay in the amount of two percent (2.0%) of their base hourly rate of pay.
5.9. Water Distribution Incentive Pay (SWRCB)
Employees in the Maintenance Worker I/II classification who possess a valid Water Distribution Operator D-2 Certificate from the State Water Resources Control Board receive Water Distribution Pay in the amount of two percent (2.0%) of their base hourly rate of pay.
5.10. Safety Boots
Employees may purchase safety boots, insoles, laces, leather conditioner, socks, and work clothing. The City will reimburse employees to a maximum of three and seventy-five hundred dollars ($375) annually during the month of September. Employees will be required to submit a receipt for each purchase.
57 City of Mt. Shasta 5 Public Works MOU 2025-2028
Insurances
6.1. Health Insurance
The City provides a “Flexible Benefit Cafeteria Plan” for health insurance benefits, including medical, dental, and vision coverage pursuant to IRS Code Section 125.
Medical, Dental, and Vision coverage is through the Northern California General Teamsters Security Fund Plan Select Plus or Plan E Plus (with an HSA option). The City pays the total monthly premium per eligible employee for the Northern California General Teamsters Security Trust Fund, Plan E Plus, with a HSA/HRA or Select Plus for its employees.
Employees are eligible for benefits on the first of the month following thirty (30) days of employment. To maintain eligibility employees must be in a paid status for a minimum of eighty (80) hours per month.
The City pays the entire deductible for the Plan E Plus with HSA/HRA. The City frontloads the employer HSA/HRA contributions annually in January. All employees participating in Plan E Plus must sign an HSA/HRA Frontloading Agreement. Employees who leave City employment during the year are responsible for repaying unearned contributions. Should a separating employee’s final paycheck be inadequate to cover the amount to be deducted, the employee is responsible for making the City whole.
Upon hire, and once eligible, employees will have their HSA funded on a pro-rated basis.
Employees must sign an enrollment form authorizing additional voluntary contributions to their HSA account via payroll deductions. Deductions take effect thirty (30) days following the receipt of the signed enrollment form.
There is an annual open enrollment period that allows employees to “opt in” and “opt out” or change their tier or plan. Employees who have a qualifying event may make these changes as governed by the Trust.
Leaves
7.1. Holidays
The City recognizes the following holidays:
New Year's Day
Martin Luther King Jr.'s Birthday
President’s Day
Cesar Chavez Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans’ Day
58 City of Mt. Shasta 6 Public Works MOU 2025-2028
Thanksgiving Day
Day after Thanksgiving
December 24th
December 25th
Employees are entitled to recognize holidays off with pay for the actual number of hours the employee is normally scheduled to work.
If a holiday other than December 24 falls on a Sunday, the Monday following is deemed the holiday; if the holiday falls on a Saturday, the preceding Friday is deemed the holiday.
If December 24 falls on a Saturday or Sunday, the preceding Friday is deemed the holiday, and when December 24 falls on a Friday, the preceding Thursday is deemed the holiday
7.2. Vacation Leave
Employees accrue vacation per pay period based on continuous employment with the City as follows:
Months of Service Approximate Accrual
Completion of less than 60 4.62
Completion of 60 6.15
Completion of 120 7.69
Employees may accrue vacation to a maximum of three hundred (300) hours. Upon separation, employees will be paid out for all accumulated and unused vacation leave at their straight-time rate of pay.
7.3. Sick Leave
Full-time employees accrue 3.69 hours of sick leave per pay period without limit.
7.4. Sick Leave Payoff
Upon retirement from the City, employees may make an irrevocable election to either receive cash payment for twenty-five percent (25%) of their unused sick leave up to a maximum of four hundred eighty (480) hours or convert all of their unused sick leave to service credit as determined by CA Govt Code § 20965.
7.5. Bereavement Leave
Employees who the City has employed for at least thirty (30) days are entitled to five (5) days of bereavement leave in the event of the death of a “family member.” The City provides paid leave for the first forty (40) hours; the employee may use sick leave or vacation for any additional bereavement leave. Employees who utilize bereavement leave 59 City of Mt. Shasta 7 Public Works MOU 2025-2028
must notify their supervisor of their intent to use it. Bereavement leave must be taken within three (3) months following the date of death of the family member. The City may request an employee seeking bereavement leave to provide documentation to support the leave. “Family member” is defined as the employee’s spouse, child, parent, parentin-law, sibling, sibling-in-law, grandchild, and grandparent.
7.6. Jury Duty
An employee summoned for jury duty during working hours will receive a leave of absence with pay for jury duty, provided that the employee reports to work on any day(s) the employee is released from service when it is feasible to report to work. Employees who receive a jury summons must notify their supervisor within five (5) days of receiving the notice.
Retirement
8.1. CalPERS Retirement
The City contracts with California Public Employees Retirement System (CalPERS) for retirement benefits as follows:
1. Employees hired before January 1, 2013, and employees hired on or after January 1, 2013, with reciprocity recognized under CalPERS: These employees are provided a retirement benefit of 2.0% at age 55 formula with the three-year final average compensation period and Social Security Coverage Modified. These employees pay seven percent (7.0%) of the employee member contribution on a pre-tax basis.
2. Employees hired after December 31, 2012, without reciprocity recognized under CalPERS: These employees are provided a retirement benefit of 2.0% at age 62 formula with the three-year final average compensation period, as defined by CalPERS in Government Code Section 20037 and Social Security Coverage Full.
These employees pay one-half the total normal cost as determined annually by CalPERS on a pre-tax basis.
Optional Benefits – All retirement plans have the following optional CalPERS retirement benefits:
• Sick Leave Credit
• Non-Industrial Disability – Standard
• Pre-Retirement Death Benefits
o Optional Settlement 2
• Post-Retirement Death Benefits
o Lump Sum $2,000
• 2% retiree COLA
60 City of Mt. Shasta 8 Public Works MOU 2025-2028
Probationary Periods
9.1. Initial Probationary Period
Upon hire, employees serve a probationary period of twelve (12) months of actual and continuous service. During this probationary period, the employee is at-will and may be released from probation at any time during the probationary period with or without cause or reason and without notice or appeal rights.
9.2. Promotional Probationary Period
Upon promotion, employees serve a probationary period of six (6) months. During this probationary period, the employee may be released from probation at any time during the probationary period with or without cause or reason and without notice or appeal rights.
Employees who obtained permanent status in a previous position and are subsequently released from a promotional probationary period will be reinstated to the position last held by the employee before the promotion.
9.3. Extension of the Probationary Period
At the discretion of the Department Head or designee, the employee’s probation may be extended twice in three (3) month intervals to a maximum of six (6) months.
9.4. Voluntary Resignation
Employees absent without official leave for three (3) or more consecutive days or absent an aggregate of thirty (30) hours in any calendar month without a satisfactory explanation will be deemed to have voluntarily resigned from the City.
Grievance Procedure
The purpose of this procedure is to provide an orderly process for reviewing and resolving employee grievances at the lowest possible administrative level and in the shortest possible time. Timelines may be extended by mutual agreement.
10.1. Definitions
1. A grievance is a complaint of one (1) or more employees or a dispute between Local 137 and the City involving the application or enforcement of the express terms of this Agreement.
2. A grievant is one (1) or more employees or local 137 who submits a grievance.
3. Disciplinary actions of an employee are not subject to the grievance procedure. Those matters are governed by the disciplinary procedure set forth in this Agreement.
61 City of Mt. Shasta 9 Public Works MOU 2025-2028
4. The written grievance must include the following:
a. A statement of the grievance clearly indicating the question raised by the grievance and the article(s) and section(s) of this Agreement. b. The remedy or correction requested.
c. The grievance form must be signed and dated by the grievant.
10.2. Informal Step
Within fifteen (15) calendar days from the event giving rise to the grievance or from the date the employee could reasonably have expected to have known about the event, the grievant is encouraged to discuss the grievance informally with their supervisor in an attempt to resolve it.
10.3. Step 1
Within fifteen (15) calendar days from the event giving rise to the grievance or from the date the employee could reasonably have expected to have had knowledge of the event, the grievant must file a formal written grievance with the Department Head. Within fifteen (15) calendar days of receiving the grievance, the Department Head or designee will investigate the grievance. Within thirty (30) calendar days of receiving the grievance, the Department Head or designee will provide the grievant a written response.
10.4. Step 2
If the grievant is not satisfied with the Step 1 response, the grievant may, within fifteen (15) calendar days, file a written appeal to the City Manager. Within fifteen (15) calendar days of receiving the grievance, the City Manager will investigate the grievance. Within thirty (30) calendar days of receiving the grievance, the City Manager will provide the grievant a written response. The City Manager’s decision is final.
Discipline Procedure
11.1. Employee Representation
Employees may have a representative present at all stages of the disciplinary process, provided that the representative is not a party or witness to the action. When an employee is required to meet with a supervisor or manager and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action (i.e., an investigatory interview), upon request, the employee is entitled to have a steward or other representative present. Upon request, the employee is entitled to know the general subject of any meeting the employee must attend.
Employees can request and designate their representative/attorney at any step of the discipline procedure. The request or designation at any step of the discipline procedure does not prevent an employee from requesting or designating a different 62 City of Mt. Shasta 10 Public Works MOU 2025-2028
representative/attorney to appear on the employee’s behalf at a subsequent step in the discipline procedure.
11.2. Progressive Discipline
The City applies the principle of progressive discipline where a disciplinary penalty will depend on multiple factors, including but not limited to the severity of the offense, recidivism, aggravating and/or mitigating circumstances, and the employee’s overall disciplinary history, if any. Disciplinary actions may be monetary and/or non-monetary. a) Warnings
Warnings are not considered discipline. Warnings may either be verbal or written reminders relating to the policy of the City and represents notice and an effort on the part of the City to assist employees with improving performance. Warnings may include confirmations of discussion, documented coaching and counseling meetings with written policy reminders, counseling memoranda, or performance improvement plans (PIP).
b) Reprimands
Reprimands will be removed from the employee’s personnel file one (1) year after the date of issuance, provided the conduct forming the basis for the reprimand has not recurred.
c) Reductions in Pay
d) Unpaid Suspensions
e) Demotions
f) Employment Termination
11.3. Grounds for Discipline
Grounds for discipline include but are not limited to the following:
• Actual or threatened violence, harassment, and/or abusive treatment of the public or fellow employees.
• Conviction of a felony or conviction of a misdemeanor that adversely affects the employee’s ability to perform the duties and responsibilities of the employee’s position. A plea of guilty or a conviction following a plea of nolo contendere is deemed a conviction within the meaning of this Section. • Failure to possess or keep in effect any license, certificate, or other similar requirement specified in the employee’s position specification. 63 City of Mt. Shasta 11 Public Works MOU 2025-2028
• Dishonesty.
• Possession, distribution, sale, use, or where the performance of duties is impaired by alcoholic beverages or illegal drugs while on City property, while on duty, or while operating a vehicle on City business.
• Theft or unauthorized removal or possession of property or equipment from the City, other employees, or anyone on City property.
• Falsifying, making erroneous entries or material omissions on City records. • Disorderly and/or unsafe conduct or actions, including violating safety or health rules or practices or engaging in conduct that creates a safety or health hazard. • Willful destruction, damage and/or misuse of property of the City, another employee, or a City visitor.
• Possession or use of dangerous or unauthorized materials, such as explosives, firearms, or other similar items capable of causing great bodily harm or death while on City property, while on duty, or while operating a City vehicle. • Incompetence, inefficiency, negligence, failure to perform work as required, and/or unsatisfactory performance, including quantity and/or quality of work product. • Violation of established City codes, policies, procedures, rules and regulations, and/or violation of any lawful or reasonable regulation or order made and given by an employee’s supervisor.
• Insubordination, including improper conduct toward a supervisor or refusal to perform tasks assigned by a supervisor appropriately.
• Abandonment of position by unauthorized or unexcused absence for two (2) or more consecutive scheduled workdays.
• Excessive (and/or abusive) absenteeism and/or tardiness, including abuse of established sick leave policies and other leave and/or attendance policies. • Smoking in prohibited areas.
• Engaging in unlawful strikes, individual or group slowdowns, work stoppages, or violating or ordering the violation of this Agreement.
11.4. Notice
The employee and the employee’s representative will be given written notice of proposed disciplinary action at least seven (7) days before the date of the proposed disciplinary action.
64 City of Mt. Shasta 12 Public Works MOU 2025-2028
Before the effective date of the disciplinary action that results in a pay reduction, unpaid suspension, demotion, or termination, the employee may request a Skelly meeting to discuss the proposed disciplinary action. The employee or their representative may respond to the proposed disciplinary action.
If the City decides to proceed with disciplinary action after the Skelly meeting, the Skelly Officer will prepare the Notice of Discipline that includes the facts and the discipline imposed and describes the employee’s appeal right.
11.5. Appeals of Suspensions of Less than Five Days
An employee or their representative may appeal reductions in pay or unpaid suspensions of five (5) days or less directly to the City Manager by notifying the City Manager within seven (7) days of issuing the Notice of Discipline by the Skelly Officer.
11.6. Appeals of Suspensions of More than Five Days
An employee or their representative may appeal reductions in pay or unpaid suspensions or reductions in pay of more than five (5) days, demotions, or termination to Mediation or an Administrative Law Judge by notifying the City Manager within seven (7) days of the issuance of the Notice of Discipline by the Skelly Officer.
11.7. Mediation
If the employee or their representative requests mediation, the City Manager will request a mediator from the California State Mediation and Conciliation Services. The parties will schedule mediation as soon as practicable. Any cost for the mediator will be shared equally by the parties.
11.8. Administrative Law Judge
If the employee is unhappy with the outcome of mediation or requests to go directly to an Administrative Law Judge, the City Manager will contact the California Office of Administrative Hearings to assign an Administrative Law Judge. The City Manager is responsible for scheduling and notifying the employee about the time and place of the hearing and notifying the Administrative Law Judge of the nature of the proceedings.
Unless otherwise stipulated, the hearing is closed to the public and conducted in an informal manner under the direction and authority of the Administrative Law Judge.
Employees called as witnesses serve without loss of pay.
11.9. Costs
The cost of the Administrative Law Judge and court reporter will be shared equally between the City and Local 137. The hearing transcript becomes a record of the proceedings for the purpose of any future judicial review. 65 City of Mt. Shasta 13 Public Works MOU 2025-2028
11.10. Final Decision
Within forty-five (45) days of the conclusion of the hearing, unless waived by the parties, the Administrative Law Judge will prepare the record of the hearing and will submit a written decision of findings of fact, rulings of law (if any), and a decision to the City Manager. Copies will be sent to the parties. The Administrative Law Judge's decision is final.
No Strike Clause
Local 137 agrees that during the term of this Agreement, neither it nor its officers, employees, or members will engage in, encourage, sanction, support, or suggest any strikes, work stoppages, boycotts, slowdowns, mass absenteeism, picketing, sympathy strikes, sickouts or any other similar actions which would involve suspension of or interference with the normal work of the City. If any concerted action as described above occurs, Local 137 will notify its members that their activity violates this Agreement and will notify them that the concerted action must cease and the members must return to work.
Local 137 must take whatever legal action is necessary to ensure that its members return to work. Failure to do so may result in the City sanctioning Local 137.
Severability
If any article or section of this Agreement is found invalid, unlawful, or unenforceable because of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections remain in full force and effect. In the event of invalidation of any provision, the City and Local 137 will meet within thirty (30) days to meet and confer in an attempt to agree upon a replacement of the provision.
Term
The term of this agreement is from March 10, 2025, through June 30, 2028. The parties agree that this is the complete MOU and that it may be modified only in writing by mutual agreement. This MOU supersedes all prior MOUs, agreements, and side letters.
Date: ___________________ Date: __________________
City of Mt. Shasta
__________________________
Todd Juhasz
City Manager
General Teamsters Local 137
__________________________
Howard Gubetta
Bargaining Team Member
66 City of Mt. Shasta 14 Public Works MOU 2025-2028
__________________________
Malisa Dodd
Finance Director
__________________________
John Chandler
Bargaining Team Member
__________________________
Michael W. Jarvis
Liebert Cassidy Whitmore
__________________________
Heather McFall
General Teamsters Local 137
67 City of Mt. Shasta 16 Public Works MOU 2025-2028
Appendix “B” Wage Schedule
68 City of Mt. Shasta 1 Public Works MOU 2025-2028
Appendix “A” Recognition
Chief Plant Operator
Maintenance Worker I/II
Mechanic
Senior Maintenance Worker
Senior Mechanic
Wastewater Plant Operator I/II
69 Agenda Item #8
Staff Report
Meeting Date: February 24, 2025
To: City Council
From: Rachel Agron, City Clerk
Subject: Presentation from the Farmer’s Market on Recent Activities Recommended Action:
Staff recommends that the Council receive a presentation from the Mount Shasta Farmer’s Market
Summary:
Nancy Swift, Executive Director of Jefferson Economic Development Institute, which operates the Mount Shasta Farmer’s Market, and Farmer’s Market vendors and customers, will give a joint presentation to the Council.
X Regular
Consent
Closed
Presentation
70 3:30 - 6:00 PM
May 19 - Oct. 20
MONDAYS
SNAP/EBT customers receive up to $20 in
Market Match vouchers for FREE fresh produce.
CELEBRATING FARMS & FOODS OF FAR NORTH CA SINCE 1999
Mount Shasta
Farmers’ Market
2025
E. Castle St. Downtown
Artwork by Kathy Langford, Mt. Shasta
71 Mount Shasta Farmers’ Market Vendors 2024
Agriculture Prepared Foods
Marble Mountain Farms Pyroclastic Chocolate
Mountain View Organics Sprenglemeyers Food Truck
Cornerstone Farm Silvia’s Tamales
Sour House Farm Knead Micro Bakery
Kindred Garden Sengthongs
Thunderbird Microgreens Nellie’s Nola
Tumbleweed Trail Farms Rising Knead Bakery
Shasta Vale Ranch Hoa’s Spring Rolls
Shasta Market Gardens Farmgirl Provisions
Fallen Oak Fungi Artisans
Meat, Eggs & Honey Elevated Bath
StarWalker Organic Farms Grains of the Earth
Shasta View Fresh Eggs Hole in the Earth Pottery
Alpine Valley Apiary Stone Vintage Jewelry
Eternity Shepherds Holistik Mystik
Cattle Call Co. Shastica
Ham Made with Love
Autumn Wood
72 About the Market: The Mt. Shasta Farmers’ Market is an ag-centric certified farmers’ market featuring fresh produce, meats, flowers, herbs, high altitude heirloom plant starts, mushrooms, honey, and eggs grown in the Siskiyou region & offered directly from the growers. Also available are locally prepared foods including artisan breads, spring rolls, sauerkraut, handmade chocolate, & more. We feature a selection of hand-crafted artisan wares & live entertainment each week. The Market is a vibrant space where community members interact with each other, smile, laugh, give hugs, and news is shared face to face. The community is strengthened.
Fun Facts:
✓ 27 seasons of market -- Founded by Farmers in 1999.
✓ Market has hosted 109 vendors– over half are farmers & ranchers. ✓ In 2014, the Market was awarded an FMPP grant that ensured a successful transition to new ownership and kept the market serving the community.
✓ Celebrating 10 years of Market Match, JEDI was awarded a USDA FINI grant from the Ecology Center in Berkely. Every $5 in new SNAP benefits generates $9.20 in community spending. ✓ In 2024, the Market distributed $15,000 in Market Match and even more in SNAP Benefits, WIC and Senior Farmers Market Nutrition Program vouchers, & School CAFE “Kids Vouchers.” ✓ In 2020 & 2021, we were designated by the state as an essential service during the pandemic & provided an answer to the broken food distribution system & the need for healthy products. ✓ Food is harvested often within hours of market & comes from no more than 130 miles away. ✓ In 2013, the City of Mount Shasta City Planner conducted a study that found the market is good not only for farms, but for downtown businesses as well as local and state tax revenue.
Testimonials
• City of Mount Shasta wrote in a grant letter of support “The City has supported the market since its beginning as an important economic development tool.” • Happy Farmer said Market Match means more money being spent with local farmers at the market! It really makes a difference in our sales.
▪ Happy Customers said Thank you for MM. It helps my family eat organic fruit and veggies. and We love MM. It helps us support more vendors and have a wider variety of products.
Farmers Love this Market * Tourists & Locals Love this Market * Everyone is happier & healthier 73 Agenda Item #9
Staff Report
Meeting Date: February 24, 2025
To: City Council
From: City Manager
Subject: Clerical change to resolution vacating ½ of a block-long segment of Field Street
Recommended Action:
Motion to approve/deny a clerical change to a recorded vacation of ½ of Field Street to accommodate the development of DANCO’s Mountain Townhomes Affordable Housing development.
Summary:
DANCO, a developer of affordable housing, gained the approval of the Planning Commission in March of 2023 for a 24-unit affordable housing project with a manager’s unit (The Project). Part of the site plan for the development includes the vacation of one-half of the right-of-way along Field Street between Chestnut and Alder Alley.
The lot on which this project is to be developed is bounded by Field, Ivy, Chestnut, and Alder Alley. Council originally approved the vacation of ½ the width of Field Street (40’ ROW) on August 14th, 2023. The vacation was needed to accommodate the previously-approved DANCO Affordable Housing project.
In the original resolution, it states that “the vacated portion of Field Street...may be used by DANCO for the purpose of maintaining a retention basin necessary for its low-cost housing project.” The inclusion of a retention basin was never planned on the vacated street. Rather there was a clerical error on the part of the attorney that was not caught by the project team. The requested clerical change to the quoted section should read: “the vacated portion of Field Street…may be used by DANCO for the purpose of ensuring quality design and functionality of its affordable housing project.” The proposed change is clerical in nature and designed for transparency and accuracy.
X Regular
Consent
Closed
Presentation
74 RECORDING REQUESTED BY:
City of Mt. Shasta
305 N. Mt. Shasta Boulevard
Mt. Shasta, CA 96067
WHEN RECORDED RETURN TO:
Deputy City Clerk
City of Mt. Shasta
305 N. Mt. Shasta Boulevard
Mt. Shasta, CA 96067
*$R000005 786 5$*
SIsklyou County Recorder
Cralg S. Kay, Assessor-Recorder
DOC -2023-0006087
Requested By: Public
August 21,202310:38 AM
Total Paid: No Fee
Receipt No. :2023372992
pJohnson/ASR-15ff14
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
VACATING A PORTION OF FIELD STREET
The City of Mt. Shasta hereby acknowledges that the portion of Field Street shown in "Exhibit A" is vacated by the City of Mt. Shasta.
75 RESOLUTION CCR-23-22
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
VACATING A PORTION OF FIELD STREET
WHEREAS, THE DANCO 25 Unit affordable housing project requires use of a portion of Field Street for use of a retention basin required by the project; and WHEREAS, the City of Mt. Shasta is interested in securing additional affordable housing for its citizens; and
WHEREAS, the City Council finds that the portion of Field Street shown on "Exhibit A" attached is unnecessary for present or prospective public use; and WHEREAS, the City Council finds that the po1tion of Field Street shown on "Exhibit A" attached is excess right-of-way not required for street or highway purposes; and WHEREAS, the City Council finds that the vacation of the portion of Field Street described in "Exhibit A" attached will not affect any in-place public utility facilities; and WHEREAS, the City Council finds that the vacation of a portion of Field Street to be used by DANCO to advance the 24-unit affordable housing project is in the public's interest and will benefit the citizens of Mt. Shasta.
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby resolves that the portion of Field Street shown on "Exhibit A" attached is vacated; and IT IS FURTHER RESOLVED that the City Clerk is directed to record this Resolution, certified and accompanied with an attestation under seal, with the Siskiyou County Recorder; and IT IS FURTHER RESOLVED that the vacated portion of Field Street shown on "Exhibit A" attached may be used by DANCO for the purpose of maintaining a retention basin necessary for its low-cost housing project.
IT IS FURTHER RESOLVED that the City Manager is authorized to execute all documents necessary to permit the vacation of Field Street and its use as a retention basin for the DANCO project.
PASSED, APPROVED, AND ADOPTED this 14th day of August 2023 by the following vote:
76 DATED: August 14, 2023
ATTEST: ZoZ3
'
hrynJoy
Debuty,City
CITY OF MT. SHASTA
Mm. te
John Stackfleth,
77 Exhibit "A"
A parcel of land located in the Northeast One-quarter of the Northwest One-quarter of Section 16, Township 40 North, Range 4 West, Mount Diablo Base and Meridian, in the City of Mount Shasta, Siskiyou County, State of California, being more particularly described as follows:
Beginning at a point located on the Northeasterly line of the City Street known as "Chestnut Street", said point being the most westerly comer of Lot 32 of Block 18 of the City of Mount Shasta as shown on that certain map on file in the Office of the Siskiyou County Recorder in Book 1 of Town Maps at page 9, said point being the POINT OF BEGINNING for this parcel of land description; Thence, along the northwesterly line of said Block 18, North 45° 26' 30" East for a distance of 125.00 feet, to the most northerly comer of said Lot 32;
Thence, on a line parallel with the Southwesterly line of the 20.00 feet wide Alley of said Block 18, North 44° 33' 30" West for a distance of 40.00 feet, to the Center Line of the City Street known as "Field Street; Thence, along the said Center Line of "Field Street", South 45° 26' 30" West for a distance of 125.00 feet, to the said Northeasterly line of the above-described "Chestnut Street"; Thence, along the said Northeasterly line of "Chestnut Street", South 44° 33' 30" East for a distance of 40.00 feet, to the Point Of Beginning and the TERMINUS of this parcel of land description.
Bearings, distances, and corners for this description are based on that certain map on file in the Office of the Siskiyou County Recorder in Book 15 of Record Surveys at page 83.
Reserving on behalf of the City of Mt, Shasta any portion of a 20.00' (feet) wide public utilities easement located within the above-described parcel of land, the center line of said easement described as follows:
Beginning at a point on the above-described Northeasterly line of the City Street known as "Chestnut Street", said point being located 5.00' (feet) northwesterly of, as measured perpendicular to, the now-existing sewer line, and said point being the POINT OF BEGINNING for this center line description:
Thence, Northeasterly, and parallel with said sewer line, to a point on the above-described Southwesterly line of the 20.00 feet wide Alley of said Block 18, said point being the TERMINUS of this center line description.
The side lines of this easement are to be prolonged or shortened so as to begin on the above-described Northeasterly line of the City Street known as "Chestnut Street" and end on the above-described Southwesterly line of the 20.00 feet wide Alley of said Block 18.
Prepared by Gregg Neitsch, LS 7991
Date: July 21, 2023
Signed:
Rev.l
78
RESOLUTION CCR-23-22
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
VACATING A PORTION OF FIELD STREET
WHEREAS, the THE DANCO Mountain Townhomes 24-unit 25 Unit affordable housing project requires use of a portion of Field Street to provide adequate room sizes, sidewalks, ingress-egress, stormwater drainage, and other project elements to ensure quality design and functionality of the project for use of a retention basin required by the project; and WHEREAS, the City of Mt. Shasta is interested in securing additional affordable housing for its citizens; and
WHEREAS, the City Council finds that the portion of Field Street shown on "Exhibit A" attached is unnecessary for present or prospective public use; and WHEREAS, the City Council finds that the portion of Field Street shown on "Exhibit A" attached is excess right-of-way not required for street or highway purposes; and WHEREAS, the City Council finds that the vacation of the portion of Field Street described in "Exhibit A" attached will not affect any in-place public utility facilities; and WHEREAS, the City Council finds that the vacation of a portion of Field Street to be used by DANCO to advance the 24-unit affordable housing project is in the public's interest and will benefit the citizens of Mt. Shasta.
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby resolves that the portion of Field Street shown on "Exhibit A" attached is vacated; and IT IS FURTHER RESOLVED that the City Clerk is directed to record this Resolution, certified and accompanied with an attestation underseal, with the Siskiyou Cow1ty Recorder; and IT IS FURTHER RESOLVED that the vacated portion of Field Street shown on "Exhibit A" attached may be used by DANCO for the purpose of ensuring quality design and functionality of its affordable housing project maintaining a retention basin necessary for its low-cost housing project.
IT IS FURTHER RESOLVED that the City Manager is authorized to execute all documents necessary to permit the vacation of Field Street and its use as a retention basin for the DANCO project.
PASSED, APPROVED, AND ADOPTED this 14th day of August 2023 by the following vote:
AYES: Redmond, Stackfleth, Sterns
NOES: None
ABSENT: Collings, Clure
ABSTAIN: None
79 Agenda Item #10
Staff Report
Meeting Date: February 24th, 2025
To: City Council
From: City Manager
Subject: Approval of the Library Expansion 100% Design Drawings Contract with Noll & Tam Architects
Recommended Action:
To approve the proposed contract with Noll and Tam Architects to produce 100% design drawings for the Library Renovation and Expansion project.
Summary:
The Library Expansion Committee (LEC) and City staff have been meeting to discuss plans for the renovation and expansion of the Mt Shasta Library. During this process, an RFP was issued seeking qualified firms that could design, renovate, and build the Library. Noll and Tam Architects was chosen specifically for their expertise which includes the redesign and renovation of libraries throughout California. A .25 cent Library Tax Measure was passed more than ten years ago and the proceeds from this tax will fund the project.
Noll and Tam have produced conceptual drawings for the project and, after much debate, the LEC and City staff have agreed upon an approach that can be funded with Library Tax revenue.
Noll and Tam are to produce 100% design level drawings and then turn these drawings over to the City and the LEC who will then issue an RFP for a General Contractor to build the structure consistent with Noll and Tam’s design intent. The thinking behind this approach is that local contractors are likely to charge less money than a Berkley-based team (where Noll and Tam’s firm is located). If needed, Noll and Tam will remain available at an hourly rate, in case they need to step in to advise the GC and team on materials, design intent, or other issues.
Noll and Tam and their project team will produce the 100% design drawings at an approximate cost of $156,360. In order to have Nol and Tam begin the full design process, they need a signed American Institute of Architect’s (AIA) contract.
X Regular
Consent
Closed
Presentation
80 Noll & Tam Architects | February 14, 2025 | Mt Shasta Library Page 1 of 3 February 14, 2025
Mr. Todd Juhasz
City Manager
City of Mt. Shasta
305 N. Mt. Shasta Blvd.
Mt. Shasta, CA 96067
Re: Mt Shasta Library Expansion and Renovation
Mt Shasta, California
Dear Todd,
We are so happy the expansion and renovation of the Mt Shasta Library is moving forward and we look forward to continuing the design work with the Mt Shasta Library community.
Noll & Tam Architects is pleased to present our proposal for Design Development Documents to be used as bridging documents for a Design Build project delivery. This proposal is based upon the selected scope of work determined with Mt Shasta Library described in Proposed Plan Rev 1: December 20, 2024. Our understanding of the work and proposed fees are summarized below.
Project Description:
Mt Shasta Library Modernization and Expansion
Project to include as the Base Bid: Existing Library Modernization and Addition 2 Entry – including exterior improvements associated with this scope (see attached Proposed Plan Rev 1: December 20, 2024) Project to include as the Add-Alternate: Addition 1 Community Room; associated storage, office and including exterior improvements associated with this scope (see attached Proposed Plan Rev 1: December 20, 2024) Estimated Client Construction Budget: $4,573,000
Estimated Design Schedule: March 2025-June 2025
Scope of Work for Design Development Phase:
The project team consists of the Architect, Structural Engineer, MEP Engineers, Civil Engineer, Landscape Architect and Consultants.
• Preparation of Design Development Drawings and Specifications as bridging documents for the selected scope of work:
o Base Bid: Existing Library Modification
o Base Bid: Addition 2 Entry, +/- 520sf
o Add-Alternate: Addition 1: Community Room Addition including office and storage, +/- 1885sf. 81 Noll & Tam Architects | February 14, 2025 | Mt Shasta Library Page 2 of 3 • To facilitate the Base Bid plus Add-Alternate the following will be documented in the Base Bid to the extent they are required for rough-ins to facilitate phasing of the Add-Alternate scope:
o New openings between the existing Library and new Add Alternate Community Room Addition
o New HVAC System for the existing Library and Add Alternate Community Room Addition. o New Electrical Service to support the Electric Heating and Cooling system at the existing library and Add-Alternate Community Room Addition.
o The base bid will include all of the relevant rough-ins and infrastructure required for phasing of the Add-Alternate scope.
o Limited sitework outlined in the Proposed Plan Rev 1 December 20, 2024 associated with the scope outlined as Base Bid and Add Alternative.
• Incorporate Library constructability and review comments • Meeting schedule shall be reviewed at kickoff meeting o (1) In person site visit by Architect and other consultants as required. o (1) In person design workshop with the Mt Shasta Library followed by a community meeting during Design Development (as part of same site visit noted above). o Virtual Coordination and Project Management meetings as needed o (3) Virtual design process meetings with project committee and/or library staff Site information to be provided by the City of Mt Shasta:
• Topographic Survey
• Updated Geotechnical Report
• Documents related to the prior CEQA analysis for an addition to the Mt Shasta Library Deliverables:
• Documents consisting of drawings and specifications are as follows:
o 100% DD Document set and Specifications for use as bridging documents • (3) interior/exterior 3D digital renderings
82 Noll & Tam Architects | February 14, 2025 | Mt Shasta Library Page 3 of 3 Exclusions:
The following items are not included in our contract:
• Documentation of additional renovations and modifications to the existing library • All services beyond Design Development deliverables
• CEQA and other government agency applications and coordination related to adjacent wetlands • Additional consultants required for CEQA and other government agency review and approval • Submittals to government agencies and all required permitting coordination • Updated Geotechnical report.
• Sitework around building beyond the limited sitework outlined in the Proposed Plan Rev 1: December 20, 2024 plan. Accessible path of travel modifications to the entry, and parking lot improvements are not included.
• Additional site visits beyond those listed above
Services or work products not noted above can be provided upon request as an additional service.
Compensation:
We propose to perform the work described above for a lump sum fixed fee of $156,360 detailed on the attached fee proposal. Please see attached breakdown.
Thank you for considering us for this project. We really enjoyed working with the thoughtful Mt Shasta Library community to define the project and look forward to developing the design with them.
Sincerely, Approved:
Christopher Noll
Principal
Mr. Todd Juhasz
City Manager, City of Mt Shasta
date
Attachments:
2025 0207 Mount Shasta Library Expansion and Renovation Fee Schedule Proposed Plan Rev 1: December 20, 2024
83 Noll & Tam Architects
729 Heinz Avenue
Berkeley, CA 94710
Mount Shasta, CA
2/7/2025
DESIGN
TOTALS
Basic Service Consultant
Architectural Services Noll & Tam Architects $93,880 $93,880 Structural ZFA $25,850 $25,850
Civil BKF $11,000 $11,000
MEP CAPITAL $20,680 $20,680
Landscape Tom Hesseldenz & Associates $4,950 $4,950
Subtotal Basic Services $156,360 $156,360
Mount Shasta Library Expansion and
Renovation
Total Proposed Fee $156,360
DEVELOPMENT
84 PROPOSED PLAN
RENOVATION & EXPANSION
Mt. Shasta Library
AUGUST 2 , 2024
ADDITION 1
COMMUNITY MEETING ROOM
$2,150,000
1900 SQUARE FEET
1500 SQUARE FOOT MULTI PURPOSE
ROOM FOR LIBRARY AND COMMUNITY
PROGRAMING WITH SUPPORT AND
STORAGE SPACE
ADDITION 2
ENTRY
$585,000
520 SQUARE FEET
WELCOMING ENTRY PORCH AND
FRONT DOOR, SMALL MEETING OR
STUDY ROOM & IMPROVED STAFF
WORKSPACE
EXISTING LIBRARY MODERNIZATION
$1,838,000
SMALL MEETING OR STUCY ROOM
DEDICATED TEEN SPACE
EXPANDED CHILDREN'S SPACE WITH
STORYTIME AREA AND CONNECTION
TO THE MULTIPURPOSE COMMUNITY
ROOM
IMPROVED ADULT SPACE WITH
PUBLIC COMPUTERS, STUDY CARRELS,
AND COMFORTABLE SEATING
NATURAL LIGHTIMPROVED
ACOUSTICS, REFRESHED RESTROOMS,
UPDATED HEATING, COOLING AND
VENTILIATION
7 BASE BID:
EXISTING LIBRARY MODERNIZATION
ADDITION 2
ENTRY
LIMITED SITEWORK ASSOCIATED WITH
THE SCOPE
ADD ALTERNATE:
ADDITION 1
COMMUNITY MEETING ROOM
LIMITED SITEWORK ASSOCIATED
WITH THE SCOPE
REV 1: DECEMBER 20, 2024
85 AGREEMENT made as of the 24th day of February in the year 2025 BETWEEN the Owner:
City Of Mt Shasta
C/O City Manager
305 N. Mt Shasta Boulevard
Mt Shasta, CA 96067
and the Consultant:
Noll and Tam Architects
C/O Chris Noll, Principal
729 Heinz Avenue #7
Berkeley, CA 94710
for the following Project:
Mt Shasta Library Modernization and Expansion
515 E Alma Street, Mt Shasta, CA 96067
Project to include as the Base Bid: Existing Library Modernization and Addition 2 Entry – including exterior improvements associated with this scope. Project to include as the Add-Alternate: Addition 1 Community Room; associated storage, office and including exterior improvements associated with this scope.
The Owner and Consultant agree as follows:
86 TABLE OF ARTICLES
1 INITIAL INFORMATION
2 CONSULTANT’S RESPONSIBILITIES
3 OWNER’S RESPONSIBILITIES
4 TERMS AND CONDITIONS
5 CLAIMS AND DISPUTES
6 TERMINATION OR SUSPENSION
7 MISCELLANEOUS PROVISIONS
8 COMPENSATION
9 SPECIAL TERMS AND CONDITIONS
10 SCOPE OF AGREEMENT
EXHIBIT A CONSULTANT’S SERVICES
ARTICLE 1 INITIAL INFORMATION
1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.
1.1.1 The Owner anticipates entering into an agreement with the Design-Builder for the Project utilizing either:
[X] Design Documents
References in this Agreement to AIA Document A141–2024 shall mean either AIA Document A141®–2024, Standard Form of Agreement Between Owner and Design-Builder for a Traditional Design-Build Project or AIA Document A141®PDB–2024, Standard Form of Agreement Between Owner and Design-Builder for a Progressive Design-Build Project, and their exhibits, whichever is applicable based on the delivery model selected above. If a delivery model is not selected above, references to AIA Document A141–2024 shall mean AIA Document A141®– 2024, Standard Form of Agreement Between Owner and Design-Builder for a Traditional Design-Build Project. If the Owner and Design-Builder modify the standard text of AIA Document A141–2024 or its exhibits, the modifications shall not affect this Agreement unless the Owner and the Consultant amend this Agreement or otherwise agree to the modifications in writing.
1.1.2 Unless otherwise specifically defined in this Agreement, terms in this Agreement shall have the same meaning as those in AIA Document A141–2024. If multiple subcontractors are used, the term “Subcontractor” as referred to throughout this Agreement will be as if plural in number when applicable.
1.1.3 The Owner’s Criteria for the Project:
Pre-Design Document Exhibit B: 2024_1220 REV 1 Mt Shasta Library Modernization and Addition Proposed Plan
1.1.4 The Owner’s design requirements for the Project and related documentation:
CITY OF MT SHASTA TO PROVIDE ANY ESTABLISHED STANDARDS
1.1.5 The Owner’s anticipated Sustainable Objective for the Project:
NONE
87 1.1.5.1 If the Owner identifies a Sustainable Objective, the Owner and Consultant shall complete and incorporate an exhibit into this Agreement to define the terms, conditions, and services related to the Owner’s Sustainable Objective.
1.1.6 The Project’s physical characteristics:
See Exhibit B: 2024 1220 REV 1 Mt Shasta Library Modernization and Addition Proposed Plan.
Topographic and Boundary Survey - Curry Land Surveying
Geotechnical Investigation – Applied Geotechnical Engineering
1.1.11 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.
1.1.11.1 Any use of, or reliance on, all or a portion of a building information model without agreement to written protocols governing the use of, and reliance on, the information contained in the model shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees.
1.2 Project Team
1.2.1 The Owner identifies the following representative in accordance with Section 3.1:
Todd Juhasz, Mt Shasta City Manager or its successor and/or assigns
1.2.2 The persons or entities, in addition to the Owner’s representative, who are required to review the Consultant’s services and Instruments of Service are as follows:
Not Applicable
1.2.3 The Owner will retain the following other consultants and contractors:
Geotechnical Engineer
1.2.5 The Consultant identifies the following representative in accordance with Section 2.1 Chris Noll
Noll & Tam Architects
729 Heinz Avenue #7
Berkeley, CA 94710
1.2.6 The Consultant will retain the following subconsultants:
Structural Engineering
ZFA Structural Engineers
601 Montgomery Street, Suite 1450
San Francisco, CA 94111
Mechanical, Electrical, Plumbing Engineering
Capital Engineering
11020 Sun Center Drive, Suite 100
Rancho Cordova, CA 95670=
Civil Engineering
BKF Engineers
255 Shoreline Drive, Suite 200
Redwood City, CA 94065
Landscape Architect
Tom Hesseldenz & Associates
PO Box 202
Mt Shasta, CA 96067
88 1.3 The Owner and Consultant may rely on the Initial Information. Both parties recognize that the Initial Information may materially change, and, in that event, the Owner and the Consultant shall appropriately adjust the Consultant’s services, schedule for the Consultant’s services, and the Consultant’s compensation.
ARTICLE 2 CONSULTANT’S RESPONSIBILITIES
2.1 The Consultant shall identify a representative authorized to act on behalf of the Consultant with respect to the Project.
2.2 The Consultant shall provide the Basic Services designated in Exhibit A 2025 0214_Mt Shasta Library Design Scope – DD Design Build.
2.2.1 The Consultant may provide Additional Services not designated in Exhibit A 2025 0214_Mt Shasta Library Design Scope – DD Design Build. after execution of this Agreement without invalidating the Agreement.
2.2.2 The Consultant shall promptly notify the Owner upon recognizing the need to perform Additional Services and explain the facts and circumstances giving rise to the need. The Consultant, however, shall not proceed to provide such services until the Consultant receives the Owner’s written authorization. Except for services due to the fault of the Consultant, any Additional Services provided in accordance with this Section 2.2.2 shall entitle the Consultant to compensation pursuant to Section 8.2 and an appropriate adjustment in the Consultant’s schedule.
2.3 In providing Basic and Additional Services under this Agreement, the Consultant shall be entitled to rely on the Owner’s prior approvals of documents submitted or services rendered by the Consultant.
2.4 The Consultant shall purchase and maintain the following types and limits of insurance from a company or companies lawfully authorized to issue insurance in the jurisdiction where the Project is located until termination of this Agreement.
2.4.1 Commercial General Liability with policy limits of $«2,000,000 for each occurrence and $4,000,000 in the aggregate for bodily injury and property damage.
2.4.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Consultant with policy limits of $1,000,000 per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles, along with any other statutorily required automobile coverage.
2.4.3 The Consultant may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.4.1 and 2.4.2. In no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.
2.4.4 Workers’ Compensation at statutory limits.
2.4.5 Employers’ Liability with policy limits of $1,000,000 each accident, $1,000,000 each employee, and $1,000,000 policy limit.
2.4.6 Professional Liability covering negligent acts, errors, and omissions in the performance of professional services with policy limits of $2,000,000 per claim and $4,000,000 in the aggregate.
2.4.8 Pollution Liability insurance with policy limits of $3,000,000 per claim and $5,000,000 in the aggregate.
2.4.9 Additional Insured Obligations. To the fullest extent permitted by law, the Consultant shall cause the primary and excess policies for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Consultant’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations.
89 2.4.10 The Consultant shall provide certificates of insurance to the Owner evidencing compliance with the requirements in this Section 2.4.
2.5 The Consultant shall perform its services consistent with the skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. The Consultant shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project.
2.6 When applicable law requires that services be performed by licensed professionals, the Consultant shall provide those services through the performance of qualified persons or entities duly licensed to practice their professions.
The Consultant shall require that its subconsultants maintain professional liability insurance as appropriate to the services provided.
2.7 The Consultant shall coordinate its services with the services and information provided by the Owner, the Owner’s other consultants and contractors, and the Design-Builder that relate to the services performed by the Consultant under this Agreement. The Consultant shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Owner, the Owner’s other consultants and contractors, and the Design-Builder. The Consultant shall provide prompt written notice to the Owner if the Consultant becomes aware of any error, omission, or inconsistency in such services or information.
2.8 As soon as practicable after the date of this Agreement, the Consultant shall submit for the Owner’s approval a schedule for the performance of the Consultant’s services
2.9 Except with the Owner’s knowledge and consent, the Consultant shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Consultant’s professional judgment with respect to the Project.
2.10 The Consultant shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs of the Project. The Consultant shall be responsible for the Consultant’s negligent acts or omissions in the performance of the Consultant’s services under this Agreement. The Consultant shall not have control over, charge of, or responsibility for acts or omissions of the Design-Builder, Contractor, or of any other persons or entities performing portions of the Work.
ARTICLE 3 OWNER’S RESPONSIBILITIES
3.1 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions, approve, or take other action on the Consultant’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant’s services.
3.2 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for, and limitations on, the Project.
3.3 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 4.1, (2) the Owner’s other costs, and (3) reasonable contingencies related to all of these costs.
The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Consultant’s services. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Consultant. The Owner and the Consultant shall thereafter agree to a corresponding change in the Project’s scope and quality.
3.4 The Owner shall furnish the services of other consultants and contractors in addition to those designated in this Agreement or authorize the Consultant to furnish them as an Additional Service when the Consultant requests such services and demonstrates that they are reasonably required by the scope of the Project.
3.5 The Owner shall provide prompt written notice to the Consultant if the Owner becomes aware of any errors, omissions, or inconsistencies in the Consultant’s services or in the services or information furnished by the Owner.
3.6 Services provided by the Owner’s other consultants or contractors and the Design-Builder, whether performed directly by them or by their subconsultants or subcontractors, shall be performed by qualified professionals licensed as may be required by applicable law to perform the services in the jurisdiction in which the Project is located. The Owner shall require that its other consultants and contractors and the Design-Builder maintain professional liability insurance as appropriate to the services provided.
90 3.7 Upon the Consultant’s written request, the Owner shall furnish surveys to describe physical characteristics, legal limitations, and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
3.8 Upon the Consultant’s written request, the Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests, and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
3.9 Upon the Consultant’s written request, the Owner shall furnish tests, inspections, and reports required by law, such as structural, mechanical, and chemical tests; tests for air and water pollution; and tests for hazardous materials.
3.10 Upon the Consultant’s written request, and to the extent reasonably required for performance of the Consultant’s services, the Owner shall provide the Consultant with a copy of the scope of services in the executed agreements between the Owner and the Owner’s other consultants and contractors, including the Design-Builder.
ARTICLE 4 TERMS AND CONDITIONS
4.1 Cost of the Work
The Cost of the Work includes all costs, charges, and expenses to be paid by the Owner in connection with the design and construction of the Project. The Cost of the Work does not include the compensation of the Consultant and the Consultant’s subconsultants, the costs of the land, rights-of-way, financing, or other costs that are the responsibility of the Owner.
4.2 Copyrights and Licenses
4.2.1 Drawings, specifications, and other documents furnished by the Consultant, including those in electronic form, are Instruments of Service. The Consultant, and any other person or entity providing services or work for the Consultant, shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements, or for similar purposes in connection with the Project, is not to be construed as publication in derogation of the reserved rights of the Consultant or any other person or entity providing services or work for the Consultant.
4.2.2 The Owner and Consultant warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project.
4.2.3 The Consultant grants to the Owner a limited, irrevocable, and nonexclusive license to use the Consultant’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering, and adding to the Project. The license granted in this Section 4.2.3 shall terminate only if (1) the Consultant terminates this Agreement in accordance with Sections 6.3 or 6.4 or (2) the Owner terminates this Agreement for convenience as provided in Section 6.5 and does not compensate the Consultant as required under Section 6.6 and 6.7. The Consultant shall obtain similar limited, irrevocable, and nonexclusive licenses from its subconsultants consistent with this Agreement. The license granted under this Section 4.2.3 permits the Owner to authorize the Design-Builder and its consultants, contractors, and suppliers, as well as the Owner’s consultants and separate contractors, to use, reproduce, and further develop applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.1.11, solely and exclusively for advancing and developing the design intent of the Project and as indicated below.
4.2.4 The Owner, to the extent permitted by law, agrees to indemnify and hold harmless the Consultant and its subconsultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity, to the extent such costs and expenses arise from changes to, or further development of, the Instruments of Service by, or on behalf of, the Owner, and without the involvement of the Consultant. The payment of a Termination Fee or Licensing Fee under Section 6.7 shall not relieve the Owner of the release or indemnity obligations of this Section 4.2.4. 91 4.2.5 Except for the licenses granted in this Article 4, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not otherwise assign, delegate, sublicense, pledge, or otherwise transfer any license granted herein to another party without the prior written agreement of the Consultant. Any unauthorized reproduction or use of the Instruments of Service by the Owner or others shall be at the Owner’s sole risk and expense and without liability to the Consultant and its subconsultants.
4.3 Except as otherwise stated in Section 4.2.3, the provisions of this Article 4 shall survive the termination of this Agreement.
ARTICLE 5 CLAIMS AND DISPUTES
5.1 General
5.1.1 The Owner and Consultant shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in Section 5.2.4 of this Agreement, within the period specified by applicable law, but, in any case not more than 10 years after the date of Substantial Completion of the Project. The Owner and Consultant waive all claims and causes of action not commenced in accordance with this Section 5.1.1.
5.1.2 To the extent damages are covered by property insurance, the Owner and Consultant waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A141–2024, including its exhibits. The Owner or the Consultant, as appropriate, shall require of their contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein.
5.1.3 The Owner and Consultant waive all rights against (1) each other and any of their subconsultants, agents, and employees, each of the other; and (2) the Design-Builder and Owner, and any of their contractors, subcontractors, consultants, subconsultants, agents, and employees, for losses to the extent those losses are covered by cyberinsurance required by this Agreement, except such rights as they have to proceeds of such insurance. The Consultant shall require similar written waivers in favor of the individuals and entities enumerated herein from the Consultant’s sub-subconsultants, agents, and employees.
5.1.4 The Owner and Consultant waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 6.6.
5.2 Mediation
5.2.1 Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Consultant’s services, the Consultant may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
5.2.2 The Owner and Consultant shall endeavor to resolve claims, disputes, and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.
5.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
5.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 5.2, the method of binding dispute resolution shall be the following:
(Check the appropriate box.)
92 X Arbitration pursuant to Section 5.3 of this Agreement If the Owner and Consultant do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.
5.3 Arbitration
5.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration.
5.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute, or other matter in question.
5.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof.
5.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
5.3.4 Consolidation or Joinder
5.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
5.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.
5.3.4.3 The Owner and Consultant grant to any person or entity made a party to an arbitration conducted under this Section 5.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Consultant under this Agreement.
5.4 The provisions of this Article 5 shall survive the termination of this Agreement.
ARTICLE 6 TERMINATION OR SUSPENSION
6.1 If the Owner fails to make payments to the Consultant in accordance with this Agreement, such failure shall be considered substantial non-performance and cause for termination under Section 6.4 or, at the Consultant’s option, cause for suspension of performance of services under this Agreement. Prior to suspension or termination of services, the Consultant shall give seven days’ written notice to the Owner. The Consultant shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension or termination of services. In the event of suspension of services, and before resuming services, the Owner shall pay the Consultant all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Consultant’s services. The Consultant’s compensation and schedule for the remaining services shall be equitably adjusted.
6.2 If the Owner suspends the Project or the Consultant’s services, the Consultant shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Consultant shall be compensated for expenses incurred in the interruption and resumption of the Consultant’s services. The Consultant’s compensation and schedule for the remaining services shall be equitably adjusted. 93 6.3 If the Project is suspended or the Consultant’s services are suspended for more than 90 cumulative days, the Consultant may terminate this Agreement by giving not less than seven days’ written notice.
6.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.
6.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Consultant for the Owner’s convenience and without cause.
6.6 If the Owner terminates this Agreement for its convenience pursuant to Section 6.5, or the Consultant terminates this Agreement pursuant to Section 6.3, the Owner shall compensate the Consultant for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Consultant’s termination of subconsultant agreements.
6.7 In addition to any amounts paid under Section 6.6, if the Owner terminates this Agreement for its convenience pursuant to Section 6.5, or the Consultant terminates this Agreement pursuant to Section 6.3, the Owner shall pay to the Consultant the following fees:
(Set forth below the amount of any Termination or Licensing Fee, or the method for determining any Termination or Licensing Fee.)
.1 Termination Fee:
$ 0
6.8 Except as otherwise expressly provided herein, this Agreement shall terminate upon:
.1 Mutual agreement of the Owner and Consultant to terminate this Agreement; or .2 The expiration of one (1) year from completion of the Consultant’s services under this Agreement unless a different date or time period is set forth below; or
6.9 The Owner’s rights to use the Consultant’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 4 and Section 6.7.
ARTICLE 7 MISCELLANEOUS PROVISIONS
7.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 5.3.
7.2 Nothing contained in this Agreement shall create a contractual relationship with a third party, or a cause of action in favor of a third party and against either the Owner or Consultant.
7.3 Unless explicitly provided otherwise in this Agreement, the Consultant and its subconsultants shall have no responsibility for the discovery, presence, handling, removal, or disposal of, or for the exposure of persons to, hazardous materials or toxic substances in any form at the Project site.
7.4 The Consultant shall have the right to include video, photographic, or artistic representations of the design of the Project among the Consultant’s promotional and professional materials. The Consultant shall be given reasonable access to the completed Project to make such representations. However, the Consultant’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Consultant in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Consultant in the Owner’s promotional materials for the Project. This Section 7.4 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 6.4.
7.5 If the Owner or Consultant receives information specifically designated as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 7.5.1. This Section 7.5 shall survive the termination of this Agreement. 94 7.5.1 The receiving party may disclose “confidential” or “business proprietary” information after 7 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, contractors, or subcontractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants, contractors, and subcontractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 7.5. In the event either party knows or reasonably believes that “confidential” or “business proprietary” information received from the other party has been subject to any circumstance where the security, integrity, or confidentiality of any of the “confidential” or “business proprietary” information has been compromised, damaged, lost, corrupted, destroyed, or the “confidential” or “business proprietary” information has been accessed, acquired, modified, used, disclosed, or rendered inaccessible, by any unauthorized person, by any person in an unauthorized manner, or for an unauthorized purpose, the party experiencing the breach will provide written notice to the other party as soon as reasonably possible after it becomes aware of any breach.
7.5.2 “Confidential” or “business proprietary” information shall not include information:
.1 in the public domain, or which later enters the public domain, through no action on the receiving party’s part in violation of this Agreement;
.2 already in the receiving party’s possession and not marked as “confidential” or “business proprietary” when received;
.3 obtained by the receiving party on a non-confidential basis from a third party not known by the receiving Party to be under an obligation of confidentiality; or .4 that is independently developed by the receiving party without access to, or use of, any “confidential” or “business proprietary” information.
7.6 The Owner and Consultant, respectively, bind themselves, their partners, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Consultant shall assign this Agreement without the written consent of the other except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, including any payments due to the Consultant by the Owner prior to the assignment.
7.7 If the Owner requests the Consultant to execute certificates, the proposed language of such certificates shall be submitted to the Consultant for review at least 14 days prior to the requested dates of execution. If the Owner requests the Consultant to execute consents reasonably required to facilitate assignment to a lender, the Consultant shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Consultant for review at least 14 days prior to execution. The Consultant shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement.
7.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement.
ARTICLE 8 COMPENSATION
8.1 For the Consultant’s Basic Services under this Agreement, the Owner shall compensate the Consultant as follows:
$156,360
8.2 For Additional Services pursuant to Section 2.2.1 that may arise during the course of the Project, the Owner shall compensate the Consultant as follows:
Additional services can be provided upon request.
8.3 Compensation for Additional Services of the Consultant’s subconsultants when not included in Section 8.2.
Per approved additional service request.
95 8.4 The hourly billing rates for services of the Consultant and the Consultant’s subconsultants are set forth below.
The rates shall be adjusted annually beginning January 1, 2026.. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Exhibit C – Noll & Tam 2025 Billing Rates
8.7 If the services covered by this Agreement have not been completed 1 year from the date of the signing of the contract through no fault of the Consultant, extension of the Consultant’s services beyond that time shall be compensated as provided in Section 8.2.
8.8 Payments to the Consultant
8.8.1 Initial Payments. An initial payment of $0 shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice.
8.8.2 Progress Payments
8.8.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Consultant’s invoice.
8.8.2.2 The Owner shall not withhold amounts from the Consultant’s compensation to impose a penalty or liquidated damages on the Consultant, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Consultant agrees or has been found liable for the amounts in a binding dispute resolution proceeding.
8.8.2.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 10 SCOPE OF AGREEMENT
10.1 This Agreement represents the entire and integrated agreement between the Owner and the Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Consultant.
10.2 This Agreement is comprised of the documents listed below:
.1 AIA Document C141™–2024, Standard Form of Agreement Between Owner and Consultant. .3 Other documents, as follows:
Exhibit A- 2025 0214_Mt Shasta Library Design Scope – DD Design Build Exhibit B - 2024 1220 REV 1 Mt Shasta Library Modernization and Addition Proposed Plan Exhibit C – Noll & Tam 2025 Billing Rates
This Agreement entered into as of the day and year, ________________________ OWNER __________________________________ CONSULTANT ____________________________ John Redmond, Mayor Chris Noll, Principal
96 City Council Agenda Item #11
Staff Report
Meeting Date:
To:
From:
Subject:
February 24, 2025
Mayor and City Council
Ken Kellogg, Public Works
Director Snow Removal Ordinance
Recommended Action: Approve an Ordinance 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 staff needs to clear the streets in a timely manner. The reduction in center plowing/loader removal will allow staff to clear the roadways more quickly and to restrict expenditures related to contracting heavy equipment and operators.
• All billing for City snow removal services would be finalized by June 30 of the end of winter year. Then customers would be charged via their business license fees. • This is a service specifically provided to downtown businesses for their economic benefit.
Under advice from counsel, the most equitable way to allocate charges is to base it on building square footage. Residential properties shall not be charged as this is an additional service to benefit commercial businesses.
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 will be cleared on both sides of Chestnut from Lake to Alma. Then, snow will be removed from the median and sidewalks would be cleared.
• The north side of Mt Shasta Blvd from Alma to E. Jessie will be plowed to the west side of the street consistent with current practices. No snow removal or sidewalk clearing services will be made available by the City.
• 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
97 ORDINANCE NO. ____________
ORDINANCE OF THE CITY OF MT. SHASTA AMENDING
CHAPTER 12.24 SNOW REMOVAL BY AMENDING
SECTIONS 12.24.070, 12.24.075, 12.24.080, AND 12.24.090, AND ADDING SECTIONS 12.24.095, 12.24.100, AND 12.24.110
TO ESTABLISH A DOWNTOWN SNOW-REMOVAL DISTRICT AND
PROVIDE PROCEDURES FOR SNOW REMOVAL AND COST RECOVERY
The City of Mt. Shasta Municipal Code Section 12.24.070, et seq. is amended as follows:
12.24.070 Declaration of intent.
The City Council finds that the clearing of snow from the sidewalks of the downtown business area and the removal of excess snow that restricts pedestrian and vehicular traffic will provide a benefit to businesses in the downtown area and would be in the best interests of the City.
12.24.075 District boundaries.
There is established a downtown snow removal district ("District") bounded by Alma Street to the north, Water Street to the south, Maple Street to the west and Chestnut Street to the east. It includes all segments of Mt. Shasta Blvd., Chestnut Street, Castle Street and Lake Street within those boundaries. See Exhibit A. The City finds that businesses operating within the District receive a direct benefit to that business from the removal of snow which will facilitate foot and vehicular travel within the District.
12.24.080 Snow removal.
The City shall remove snow from sidewalks and the streets within the District with city-owned equipment and workforce at times deemed appropriate considering weather conditions and availability of a workforce and equipment.
12.24.090 Cost incurred.
The cost incurred in providing snow removal services will be the actual cost of City workforce and equipment and contracted services utilized in the just-completed snow season. The cost will only include that for services provided within the district which were unique to the district and additional to services outside the district.
12.24.095 Schedule of charges.
At the conclusion of each snow season, the City Manager shall determine the cost incurred by the City in providing snow removal service within the district. The City Manager will prepare a schedule of costs to be charged to each business within the district by determining the percentage of floor space each business contributes to the total square footage in the district. The floor space used in this calculation will be that shown on each business's business license.
12.24.100 Council approval, billing and payment.
The City Council shall consider the adoption of fees at a public hearing. Fees adopted will be sent by mail to businesses using the addresses shown on the respective business licenses.
Payment will be due thirty (30) days after the bill is mailed. Delinquent bills will be charged a late fee of 10% per month compounded.
98 12.24.110 Constitutionality/severance.
If any section, subsection, sentence, clause, or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The Council declares that it would have passed this code, and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases had been declared invalid, unconstitutional, or otherwise unenforceable, and in such event the remainder hereof shall be in full force and effect.
The foregoing Ordinance was adopted at the regular meeting of the City Council of the City of Mt. Shasta held on the 5th day of February, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF MT. SHASTA
_______________________________
John Redmond, Mayor
ATTEST: FORM APPROVED:
_______________________________ _________________________________ Rachel Agron, Deputy City Clerk John Sullivan Kenny, City Attorney 3737
4902-5012-9156, v. 1
99 CITY COUNCIL AGENDA ITEM #12
MEETING DATE: February 24, 2025
TO: Mayor and City Council
FROM: Robert Gibson, Chief of Police
SUBJECT: Military Equipment Annual Report for 2024
RECOMMENDATION:
Staff respectfully requests that the City Council receive the 2024 Military Equipment inventory as required by Mount Shasta Municipal Code Ordinance 2.280.
BACKGROUND & SUMMARY:
On September 30th, 2021, California Assembly Bill No. 481 was signed into law. This Bill requires all law enforcement agencies participating in the Federal Surplus Property Acquisition law of 1945, also known as the “10-33” program, to have a policy addressing the use of military equipment. The law further requires that the Police Department present to the governing body an annual report of all military equipment and that the report be done in a public format to allow for community engagement.
ATTACHMENTS:
2024 Military Equipment Inventory
X Regular
Consent
Closed
Presentation
100
City of Mt Shasta Police Department
Chief Robert L. Gibson
303 N Mt Shasta Blvd Mt Shasta, CA 96067
530 926 7540 Fax 530 926 3601
Annual Military Equipment report for Year 2024.
Pursuant to Mount Shasta Municipal Code section 2.80. The Mount Shasta Police Department has the following “Military Equipment”.
Colt Ar-15, Model M16A1 – 5.56mm – S/N 1828498
Cold Ar-15, Model M16A1 - 5.56mm S/N 1798765
H&R Arms, Model M14 - 7.62mm S/N 1001497
Winchester, Model M14 - 7.62mm S/N 1241545
Unk. Make, Model M14 – 7.62mm S/N 581397
Winchester, Model M14 – 7.62mm S/N 1036229
No Military equipment is currently in service.
All weapons were stored in a double locked area and were not used.
There was no annual cost associated with the storage and use of the equipment.
There were no complaints or concerns received during the year regarding the equipment.
There are no plans to acquire any additional equipment in 2025.
Changes/Edits from Previous Year: None
Respectfully submitted,
Robert L. Gibson, Chief of Police
101
Agenda Item #13
Staff Report
Meeting Date: February 24, 2025
To: City Council
From: City Manager
Subject: The affordable housing entity that is developing the Mountain Townhomes project has applied to issue bonds for the project.
Recommended Action:
Motion to approve a resolution in support of the issuance of bonds not to exceed $25m by the CMFA for the benefit of DANCO, the developer of the Mountain Townhomes project.
Summary:
DANCO, the affordable housing entity that is developing the Mountain Townhomes project, submitted an application to the California Municipal Finance Authority (CMFA) to be its Issuer of tax-exempt financing for the project located in the City of Mount Shasta. The project is expected to be financed in amount not to exceed $25,000,000 of tax-exempt revenue bonds.
The proceeds of the Bonds will be used to finance or refinance the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 735 Chestnut Street, Mt. Shasta, California, formed to assist local governments, non-profit organizations, and businesses with the issuance of taxable and tax-exempt debt.
The debt to be issued by the CMFA will be the sole responsibility of the Borrower (DANCO) and the City of Mt Shasta will have no financial or legal obligations or responsibilities with regard to the repayment of the debt. All financing documents will carry disclaimers that the loan is not an obligation of the City. The City will also bear no costs in the issuance of the proposed debt.
The CMFA is a joint powers authority.
In order to satisfy the Federal and State tax code, the CMFA are requesting that the City Council of the City of Mount Shasta:
1) Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the “Code”).
2) Adopt the resolution approving the issuance of the Bonds by the CMFA for the benefit of Mount Shasta Chestnut Street LP. To provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following).
X Regular
Consent
Closed
Presentation
102
RESOLUTION CCR 25-XX
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING
EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT
RELATING TO THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY AND APPROVING THE ISSUANCE OF EXEMPT
FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL
PROJECT BY THE AUTHORITY FOR THE PURPOSE OF FINANCING
OR REFINANCING THE ACQUISITION, CONSTRUCTION AND
IMPROVEMENT OF CERTAIN FACILITIES FOR THE BENEFIT OF
MOUNT SHASTA CHESTNUT STREET LP
WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies (the “Members”) have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”) in order to form the California Municipal Finance Authority (the “Authority”), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and
WHEREAS, the City of Mt. Shasta (the “City”), has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing of projects therefor by the Authority; and WHEREAS, there is now before this City Council (the “City Council”) the form of the Agreement; and
WHEREAS, the Agreement has been filed with the City, and the members of the City Council, with the assistance of its staff, have reviewed said document; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction, acquisition and rehabilitation of capital projects; and
WHEREAS, Mount Shasta Chestnut Street LP (the “Borrower”) a partnership of which Danco Communities (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $25,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 735 Chestnut Street, Mt. Shasta, California (the “Project”); and
WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Code, requires that an “applicable elected representative” of the governmental unit, the geographic 103
2 jurisdiction of which contains the site of facilities to be financed with the proceeds of the Bonds, hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and
WHEREAS, the Authority has determined that the City Council is an “applicable elected representative” for purposes of holding such hearing; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and, the requirements of Section 4 of the Agreement; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Project and the Authority’s issuance of the Bonds therefor; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS
FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Section 2. The Agreement is hereby approved and the Mayor or the designee thereof is hereby authorized and directed to execute said document, and the City Clerk or such Clerk’s designee is hereby authorized and directed to attest thereto.
Section 3. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds (a) by the “applicable elected representative” of the governmental unit having jurisdiction over the area in which the Project is located in accordance with Section 147(f) of the Code and; (b) by the City Council in accordance with Section 4 of the Agreement.
Section 4. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.
Section 5. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.
Section 6. The executing officers(s), the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, 104
3 documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.
Section 7. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel:
Ronald E. Lee, Esq.
Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 941111
Section 8. This resolution shall take effect immediately upon its passage.
ADOPTED by the City Council of the City of Mt. Shasta at a regular meeting of the City Council held on the 24th day of February, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________________
Mayor
ATTEST:
___________________________________
City Clerk
105
[SIGNATURE PAGE FOR JPA AGREEMENT]
IN WITNESS WHEREOF, the City of Mt. Shasta has caused this Agreement to be executed and attested by its duly authorized representatives as of the 24th day of February, 2025.
Member:
CITY OF MT. SHASTA
By
Name:
Title:
ATTEST:
__________________________________
Clerk
106
Agenda Item #14
Staff Report
Meeting Date: February 24, 2025
To: City Council
From: Ken Kellogg, Public Works Director
Jeff Mitchem, Planning Director
Subject: Formation of Underground Utility District No. 1 Recommended Action:
Conduct a public hearing and adopt Resolution CCR 25-XX creating Underground Utility District No. 1 and finding the action exempt from CEQA.
Summary:
Siskiyou County Board of Supervisors has allocated the City of Mt. Shasta $2.6 million in Rule 20A credits that can be used to offset the cost associated with undergrounding utilities. Utilizing these credits to implement MSMC Chapter 12.03 Underground Utility Districts, requires the City to establish the undergrounding district boundary by adopting the attached resolution.
Staff recommend that City Council find implementation of the project to be in the general public interest as follows:
1. Such undergrounding will eliminate an unusually heavy concentration of overhead electric facilities.
2. The street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic.
3. Wheelchair access is limited or impeded in a manner that is not compliant with the Americans with Disabilities Act.
4. The street or road or right-of-way adjoins or passes through a civic area or public recreation area or an area of significant scenic, cultural, and/or historic interest to the general public.
5. The street or road or right-of way is considered an arterial street or major collector as defined by the California Department of Transportation’s California Road System functional classification system.
X Regular
Consent
Closed
Presentation
107
6. Cost impacts to property owners throughout the conversion process shall be minimized to the greatest extent possible through application of Rule 20A work credits and other available funding sources.
The remaining conversion process is summarized as follows:
1. Planning Phase: (3 to 12 months). The Planning Phase includes all activities necessary to deliver a city approved project to the affected utilities. In this phase the project is identified, consultation with the affected utilities is held, the resolution or ordinance is created and approved, and other aspects of the job are prepared in readiness for the next phase.
2. Design Phase: (6 to 18 months). The Design Phase includes all engineering and design work necessary to construct the new underground system and remove existing overhead facilities. Each participating utility will design its own system.
3. Pre-Construction Phase: (6 to 24 months). The Pre-construction phase includes all activities necessary to prepare and allow for construction. This includes obtaining all necessary easements, permits and environmental clearances. There may be a coordinated joint bid process for the civil work for all the utilities to a single contractor.
4. Construction Phase: (3 to 18 months). The Construction phase includes all construction necessary to install and place in service the new underground system. This includes all necessary work on private property, both service laterals and building wiring/service panels.
5. Closing Phase: (6 to 12 months). The Closing phase includes the activities necessary to complete the project. Included are the removal of the existing overhead facilities, updating Pacific Power’s mapping and inventory, determination of final costs and updating of work credit balances, and close out of Pacific Power’s work orders and accounting.
ENVIRONMENTAL REVIEW
The action qualifies for a Class 2 Categorical Exemption from CEQA by Article 19, Class 2, Section 15302. This class 2 project consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.
ATTACHMENTS:
Resolution CCR-25-XX
108
RESOLUTION NO. CCR 25-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MT. SHASTA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 1
WHEREAS, under chapter 12.03 of the Mt Shasta Municipal Code, the City Council may designate areas within which all existing poles, overhead wires and associated overhead structures for supplying electric, communication or similar or associated service be removed and replaced with underground wires and facilities; and
WHEREAS, the City Council find undergrounding wires and utilities to be in the general public interest as follows:
1. Such undergrounding will eliminate an unusually heavy concentration of overhead electric facilities.
2. The street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic;
3. Wheelchair access is limited or impeded in a manner that is not compliant with the Americans with Disabilities Act;
4. The street or road or right-of-way adjoins or passes through a civic area or public recreation area or an area of significant scenic, cultural, and/or historic interest to the general public; or
5. The street or road or right-of way is considered an arterial street or major collector as defined by the California Department of Transportation’s California Road System functional classification system.
6. Cost impacts to property owners throughout the conversion process shall be minimized to the greatest extent possible through application of Rule 20A work credits and other available funding sources; and
WHEREAS, section 12.03.020 of the City of Mt Shasta Municipal Code requires a public hearing prior to formation of an underground utility district, with notice sent to affected landowners at least 10 days before the hearing; and
WHEREAS, on February 5, 2025, the City Council of the City of Mt Shasta duly noticed a public hearing to consider underground utility district formation on February 24, 2025, determining that costs of conversion to underground service are minimized to customers; and WHEREAS, a public hearing was duly noticed and held on February 24, 2025, at the hour of 5:30 p.m. in the Council Chambers at Mt Shasta City Park Upper Lodge 1315 Nixon Rd, Mt Shasta, California, and adopted Resolution No. CCR-25-XXX declaring its intent to form an underground utility district finding that the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated structures, and then the underground installation of wires and facilities for supplying electric, communication, or similar associated service in an area depicted on the map attached hereto and incorporated herein by reference as Exhibit "A," which proposed underground conversion district shall be designated as Underground Utility District No. 1; and
WHEREAS, notice of such hearing has been given to all affected property owners as shown 109
on the last equalized assessment roll and utilities within the proposed Underground Utility District No. 1, and for the time required by law; and
WHEREAS, the City Council of the City of Mt Shasta declares that the area identified in Exhibit A should be designated as Underground Utility District No. 1 within which all existing poles, overhead wires and associated overhead structures for supplying electric, communication or similar or associated service should be removed and replaced with underground wires and facilities; and
WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard; and
WHEREAS, the City Council of the City of Mt Shasta has determined that the proposed Underground Utility District No. 1 qualifies for a Class 2 Categorical Exemption from CEQA by Article 19, Class 2, Section 15302.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mt Shasta:
THAT the City Council hereby finds and determines that the public necessity, health, safety, and welfare require the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the area depicted on the map attached hereto as Exhibit "A," which underground conversion district shall be designated as Underground Utility District No. 1.
FURTHER, BE IT RESOLVED THAT all poles, overhead wires, and associated overhead structures within Underground Utility District No 1 shall be removed and underground installations made within the following times, which have been set with due regard for the availability of labor, materials, and equipment necessary for such removal and for the installation of such underground facilities:
1. Underground installation by utility companies and property owners and reconnections within a reasonable period of time, having due regard for minimizing cost of conversion to property owners, the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby and prior to occupancy of any structures within Underground Utility District No. 1.
2. Removal of poles, overhead wires and other associated overhead structures within a reasonable period of time, having due regard for minimizing cost of conversion to property owners, the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby and prior to occupancy of any structures within Underground Utility District No.
1. FURTHER, BE IT RESOLVED THAT the City Clerk, within ten (10) days after the adoption of this resolution, shall mail a copy hereof and a copy of Mt Shasta Municipal Code Chapter 12.03 to affected property owners as such are shown on the last equalized roll and to the affected utilities.
I HEREBY CERTIFY the foregoing resolution was introduced and adopted at a regular meeting of the City Council held the 24th day of February 2025 by the following vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
DATED:
ATTEST: CITY OF MT SHASTA
Rachel Agron, Deputy City Clerk John Redmond, Mayor
FORM APPROVED:
John Sullivan Kenny, City Attorney
CERTIFICATION
I HEREBY CERTIFY that the foregoing Resolution CCR-25-XX was approved at a regular meeting of the Mt Shasta City Council on the 24th day of February 2025.
Rachel Agron, Deputy City Clerk
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PROPOSED UNDERGROUND UTILITY DISTRICT Legend
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Image © 2024 Airbus
Image © 2024 Airbus
EXHIBIT A
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Agenda Item #15
Staff Report
Meeting Date: February 24, 2025
To: City Council
From: Ken Kellogg, Public Works Director
Jeff Mitchem, Planning Director
Subject: City Policy Prioritizing Sewer and Water Service Connections for Proposed Developments that Include Housing Units Affordable to Lower-Income Households
Recommended Action:
Adopt Resolution CCR-25-XX (Attachment A) approving a policy (Attachment A, Exhibit A) to prioritize sewer services for proposed developments that include housing units affordable to lower-income households.
PURPOSE
The purpose of this policy is to establish conformance with California Government Code Section 65589.7 by memorializing written procedures for prioritizing water and sewer service needs for proposed developments that include housing units affordable to lower-income households. The City providessewage collection services and water distribution services and, as such, is subject to the conditions of Section 65589.7.
Summary:
California Government Code Section 65589.7 was amended in 2005 by Senate Bill 1087 to require public or private purveyors providing sewer collection or water distribution services to enact written policy to prioritize service connections for proposed developments that include housing units affordable to lower-income households. The policy must include specific objective standards for prioritizing water and sewer service needs for proposed developments that include affordable housing units within the City. These policies are to be revisited, updated and readopted once every five years per Senate Bill 1087.
X Regular
Consent
Closed
Presentation
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The policies and procedures shall account for the following:
1. Regulations and restrictions adopted pursuant to Chapter 3 of Division 1 of the California Water Code relating to water shortage emergencies.
2. Availability of the water supply as determined by the public agency or private entity pursuant to an urban water management plan adopted pursuant to Part
2.6 of Division 6 of the California Water Code.
3. Plans, documents and information relied upon by the public agency or private entity that is not an urban water supplier, as defined in Section 10617 of the California Water Code, or that provides sewer service that provides a reasonable basis for making service determinations.
ENVIRONMENTAL REVIEW
This action does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065. It has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and, therefore, does not require environmental review.
ATTACHMENTS:
Resolution CCR-25-XX
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RESOLUTION NO. CCR 25-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MT.
SHASTA APPROVING A POLICY TO PRIORITIZE SEWER SERVICES
FOR PROPOSED DEVELOPMENTS THAT INCLUDE HOUSING UNITS
AFFORDABLE TO LOWER-INCOME HOUSEHOLDS
WHEREAS, California Government Code Section 65589.7 was amended by Senate Bill 1087 to require each public agency or private entity providing water or sewer services to grant priority for proposed developments that include housing units affordable to lowerincome households; and WHEREAS, Senate Bill 1087 requires sewer and water purveyors to adopt written policies and procedures with specific objective standards for prioritizing the service needs for developments that include affordable housing units within their respective service area; and WHEREAS, the City of Mt. Shasta provides sewer collection and water distribution services subject to the requirements of Senate Bill 1087; and WHEREAS, the city has prepared the policy attached hereto as Exhibit A in compliance with the requirements of Senate Bill 1087.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mt Shasta:
The City Council hereby finds and determines as follows:
1. That the above recitations are true and correct.
2. That the City Council adopts the service priority policy as shown in Exhibit A.
I HEREBY CERTIFY the foregoing resolution was introduced and adopted at a regular meeting of the City Council held the 24th day of February 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED:
ATTEST: CITY OF MT SHASTA:
_________
Rachel Agron, Deputy City Clerk John Redmond, Mayor
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FORM APPROVED:
John Sullivan Kenny, City Attorney
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EXHIBIT A
MT. SHASTA CITY COUNCIL
CITY POLICY STATEMENT
Prioritizing Sewer and Water Service Connections for Proposed Developments that Include Housing Units Affordable to Lower-Income Households Statement of Policy
In accordance with Senate Bill 1087 and California Government Code Section 65589.7, the City shall grant sewer and water service priority within their respective service areas to proposed developments that include housing units affordable to lower-income households.
The following definitions shall apply to this policy:
1) "Proposed developments that include housing units affordable to lower-income households" means that dwelling units shall be sold or rented to lower-income households, as defined in Section 50079.5 of the California Health and Safety Code, at an affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code.
2) "Water or sewer services" means the supply of a service through a pipe or other constructed conveyance system for residential purposes. This does not include the resale of water for human consumption from one water supplier to another. This also does not include passing sewerage from one sanitary agency's collection system to another.
The policy shall be implemented and enforced per the conditions herein:
1) The City shall not deny or condition the approval of an application for water or sewer services to, or reduce the amount of such services applied by, a proposed development that includes housing units affordable to lower-income households unless the City makes specific written findings that the denial, condition or reduction is necessary due to one of the following:
a. The City is operating under a water shortage emergency as defined by Section 350 of the Water Code.
b. The City does not have a "sufficient water supply", as defined by Section 66473.7(2)(a) of the California Government Code.
c. The County Water Authority has declared Drought Response Level 5 prohibiting new water service connections.
d. A written engineering analysis and report demonstrate the existing water distribution system does not have sufficient water distribution capacity to serve the proposed development.
e. A written engineering analysis and report demonstrate the existing sewerage collection system does not have sufficient collection capacity to serve the proposed development.
f. A written engineering analysis and report demonstrates the wastewater treatment plant does not have sufficient treatment capacity for the sewerage generated by the proposed development.
g. The State Water Board Division of Drinking Water, State Water Resources Control Board, Regional Water Quality Control Board and/or the County Department of Environmental Health and Quality issues an order to the City that prohibits new water connections or to the City that prohibits new sewer 117
connections.
h. The applicant has failed to agree to reasonable terms and conditions relating to service from the City, including but not limited to, the requirements of local, state or federal laws, codes, standards, regulations or payment of a fee or charge imposed pursuant to Section 66013. 2) The City may revisit, revise (if necessary) and readopt an update to these procedures and policies at least once within five years of the issuance date. 118