YREKA CITY COUNCIL
REGULAR MEETING AGENDA
February 1, 2022 – 6:30 P.M.
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.
The full agenda packet can be found on the City’s website: www.ci.yreka.ca.us/AgendaCenter
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:
2. PUBLIC COMMENTS:
This is the time for public comments regarding issues or matters not on the agenda but still within the jurisdiction of the City Council of Yreka. Public comments period is not intended to be a “Question and Answer” period or conversations with the Council or City staff. Councilmembers, when recognized by the Mayor, may ask questions of presenter but no action may be taken by the City Council during the public comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda.
• Please speak from the podium.
• Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. • Please limit your remarks to three (3) minutes.
3. PUBLIC COMMENT FOLLOW-UP:
4. CONSENT AGENDA:
All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, or a member of the public wishes to comment on an item.
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a. Approval/ratification of payments issued from January 10, 2022, through January 23, 2022.
b. Approval of Minutes of the regular meeting held January 18, 2022. c. Second Reading and Adoption of an Ordinance of the City of Yreka Opting in to the Siskiyou County Integrated Solid Waste Management Regional Agency’s Edible Food Recovery Ordinance.
d. Approval of Resolution 2022-4: A Resolution of the City Council of the City of Yreka Designating City Staff to Publish Summaries of Approved City Ordinances e. Continuation of Urgency Ordinance #864: Fireworks
f. Continuation of Urgency Resolution #2021-51: Remote Public Meetings g. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.
5. OLD BUSINESS:
a. Discussion and Possible Action – City Manager:
Permanent Local Housing Allocation (PLHA) Program.
b. Discussion and Possible Action – City Manager:
Emergency Warming Shelter.
6. NEW BUSINESS:
a. Discussion and Possible Action – Human Resources:
Adopt a Resolution by the City Council of the City of Yreka for the Creation of the Position of Assistant City Manager, Adopting the Associated Job Classification and Compensation for the Position
7. CITY MANAGER/STAFF REPORTS:
City Manager and Staff may make brief announcements or reports at this time.
8. COUNCILMEMBER STATEMENTS AND REQUESTS:
Members of the Council may make brief announcements, reports, or request staff to report to Council on any matter at a subsequent meeting.
9. CLOSED SESSION:
The City Council will recess to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
a. Conference with Real Property Negotiations (§ 54956.8) Property: Assessor Parcel Nos. 062-161-120, 062-161-150, and 062-031-250 Third Party Negotiation: California State Department of Transportation (Caltrans) District 2 City Negotiation: City Manager and City Attorney
Negotiating Parties: City of Yreka and Caltrans
Under Negotiation: Possible purchases and encroachment agreement including price, terms of payment, or both.
10. RETURN TO OPEN SESSION:
Announcement of any action taken by the City Council in Closed Session required by the Ralph M. Brown Act. (Government Code Section 54950 et. seq.)
11. ADJOURNMENT.
In compliance with the requirements of the Brown Act, notice of this meeting has been posted in a publicly accessible place, 72 hours in advance of the meeting.
All documents produced by the City which are related to an open session agenda item and distributed to the City Council are made available for public inspection in the City Clerk’s Office during normal business hours.
Public Hearings: If, in the future, you wish to challenge in court any of the matters on an agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Any person seeking to challenge a City Council decision made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.”
"CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of Yreka is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing. If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Yreka, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies." The City of Yreka does not discriminate on the basis of race, color, national origin, religion, age, gender, sexual orientation, disability, or any other legally protected classes in employment or provision of services. In compliance with the Americans with Disabilities Act, those requiring accommodations for this meeting should notify the City Clerk 48 hours prior to the meeting at (530) 841-2336 or by notifying the Clerk at [email protected].
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF YREKA HELD IN SAID CITY ON JANUARY 18, 2022
On the 18th Day of January 2021, the City Council of the City of Yreka met in regular session, and upon roll call, the following were present: Deborah Baird, Joan Smith Freeman, Duane Kegg, Corey Middleton, and Paul McCoy.
2. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:
a. Presentation – Red Scarf Society:
Norris Foundation Grant to Re-Roof the Yreka Community Theater.
Joan Favero, President of the Red Scarf Society for the Performing Arts presented information on this item to the Council.
5. CONSENT AGENDA:
Mayor Kegg announced that all matters listed under the consent calendar are considered routine and would be enacted by one motion unless any member of the Council wished to remove an item for discussion, or a member of the audience wished to comment on an item:
City Manager Jason Ledbetter recommended approval of the following consent items:
a. Approval/ratification of payments issued from December 27, 2021, through January 9, 2022.
b. Report on Cash to the City Council – November 2021
c. Approval of Minutes of the regular meeting held January 4, 2021. d. Continuation of Urgency Ordinance #864: Fireworks
e. Continuation of Urgency Resolution #2021-51: Remote Public Meetings f. Adopt a Resolution of the City Council of the City of Yreka Appointing Representatives to the Board of Directors – Small Cities Organized Risk Effort (SCORE) g. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.
Following Council discussion, Councilmember Freeman moved to approve the Consent Agenda as presented. Councilmember McCoy seconded the motion, and upon roll call, the following voted AYE: Baird, Freeman, McCoy, Middleton, and Kegg. Mayor Kegg thereupon declared the motion carried.
6. PUBLIC HEARING
a. Discussion and Possible Action – Edible Food Recovery Ordinance
Introduction and First Reading of an Ordinance of the City of Yreka Opting in to the Siskiyou County Integrated Solid Waste Management Regional Agency’s Edible Food Recovery Ordinance.
City Manager Jason Ledbetter presented information on this item to the Council.
Following Council discussion, Councilmember McCoy moved to approve item #6a.
Councilmember Freeman seconded the motion, and upon roll call, the following voted AYE:
Baird, Freeman, McCoy, Middleton, and Kegg. Mayor Kegg thereupon declared the motion carried.
7. OLD BUSINESS:
a. Discussion and Possible Action – Friends of the Siskiyou County Museum.
Review of proposal from the Friends of the Siskiyou County Museum.
Grace Bennett with the Friends of the Siskiyou County Museum presented information on this item to the Council.
Following Council discussion, Councilmember McCoy moved to review and accept the proposal from the Friends of the Siskiyou County Museum in the amount of $5,500.00.
Councilmember Middleton seconded the motion, and upon roll call, the following voted AYE: Baird, Freeman, McCoy, Middleton, and Kegg. Mayor Kegg thereupon declared the motion carried.
b. Discussion Only – Mayor Duane Kegg.
Permanent Local Housing Allocation (PLHA) Program.
City Manager Jason Ledbetter presented information on this item to the Council.
8. NEW BUSINESS:
a. Discussion and Possible Action – Public Works:
Adopt a Resolution Accepting a Drinking Water State Revolving Funds (DWSRF) Grant in the Amount of $4,939,000 and Authorizing the Finance Director to Allocate these Funds for the Water Supply and Storage Improvements Project.
Public Works Director Matt Bray presented information on this item to the Council.
Following Council discussion, Councilmember Baird moved to approve item #8a.
Councilmember Freeman seconded the motion, and upon roll call, the following voted AYE:
Baird, Freeman, McCoy, Middleton, and Kegg. Mayor Kegg thereupon declared the motion carried.
b. Discussion and Possible Action – Public Works:
Adopt a Resolution Authorizing the City Manager to Execute a Task Order with PACE Engineering to Provide Engineering Services for the Specified Clean Water State Revolving Fund (CWSRF) Wastewater Treatment Plant Project and Authorizing the Finance Director to Amend the Expenditure Budget in the Amount of $319,000.
Public Works Director Matt Bray presented information on this item to the Council.
Following Council discussion, Councilmember McCoy moved to approve item #8b.
Councilmember Middleton seconded the motion, and upon roll call, the following voted AYE: Baird, Freeman, McCoy, Middleton, and Kegg. Mayor Kegg thereupon declared the motion carried.
c. Discussion and Possible Action – Public Works:
Authorize the Director of Public Works or his Designee to Apply for a Grant from the California Governor’s Office of Emergency Services for FEMA’s Hazard Mitigation Grant Program (HMGP) to Purchase Emergency Generators for Critical Facilities Public Works Director Matt Bray presented information on this item to the Council.
Following Council discussion, Councilmember Freeman moved to approve item #8c.
Councilmember Baird seconded the motion, and upon roll call, the following voted AYE:
Baird, Freeman, McCoy, Middleton, and Kegg. Mayor Kegg thereupon declared the motion carried.
d. Discussion and Possible Action – Human Resources:
Direction to Reclassify the Human Resources Coordinator Job Classification to a Confidential Management Analyst
Human Resources Director John Elsnab presented information on this item to the Council.
Following Council discussion, Councilmember Freeman moved to approve item #7d. Mayor Kegg seconded the motion, and upon roll call, the following voted AYE: Baird, Freeman, McCoy, Middleton, and Kegg. Mayor Kegg thereupon declared the motion carried. e. Discussion and Possible Action – Planning:
General Plan 2044 Introduction and Schedule.
Planning Director Juliana Lucchesi presented information on this item to the Council.
9. City Manager/Staff Reports:
City Manager and Staff made brief announcements or reports at this time.
10. Council Statements and Requests:
Councilmembers reported on various community events and meetings attended.
11. CLOSED SESSION:
The City Council recessed to Closed Session to discuss the following item(s):
a. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed – 1 - The names of the parties are not disclosed, as it is believed that that to do so would jeopardize the City's ability to serve process or to conclude existing settlement negotiations to the City's advantage).
12. RETURN TO OPEN SESSION:
Upon return to Open Session, Mayor Kegg reported that no action was taken by the City Council in Closed Session. (Government Code Section 54950 et. seq.).
11. ADJOURNMENT.
There being no further business before the Council the meeting was adjourned.
Attest:
_________________________
Duane Kegg, Mayor
___________________________ Minutes approved by Council, Arthur Boyd, City Clerk Motion February 1, 2022
To:
From:
Prepared by:
Agenda title:
Meeting date:
Discussion:
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
YrekaCityCouncil
City Staff
Juliana Lucchesi, Planning Director
Discussion/Possible Action: Second Reading and Adoption of an Ordinance of the City of Yreka Opting in to the Siskiyou County Integrated Solid Waste Management Regional Agency’s Edible Food Recovery Ordinance
February 1, 2022
The Short-Lived Climate Pollutants Organic Waste Reduction regulations adopted pursuant to Senate Bill 1383 (Statutes of 2016) set forth in the California Code of Regulations requires local jurisdictions to adopt or opt-in to a food recovery ordinance by January 1, 2022. The purpose of the regulation is to reduce the amount of food entering landfills, which produce methane gas while decomposing that contribute to increasing temperatures and climate change.
The City of Yreka is a member of the Siskiyou County Joint Power Authority Siskiyou County Integrated Solid Waste Management Regional Agency (SCWMA). SCWMA is comprised of all of the cities in Siskiyou County and the County. SCWMA has contracted with a consultant to assist the cities and county will complying with SB 1383 by identifying businesses that would be subject to food recovery programs and recommendations to providing “organics for composting” services. The SCWMA has adopted a rural exemption to portions of SB 1383 and a county-wide edible food waste recovery ordinance per state mandates.
The City of Yreka is eligible for a rural exemption from most of SB 1383 until December 31, 2026. Approval of the “opt-in” ordinance would grant us this exemption and create rules concerning food recovery programs. The proposed ordinance language is based on the state approved ordinance language.
Fiscal Impact:
Approval and ratification of the proposed ordinance would keep the City in compliance with state mandates and make the City eligible for SB 1383 grant funds that would assist in further compliance with the state regulations.
Denial of the ordinance could result in penalties from the state for non-compliance with SB 1383.
[Type here]
Recommendation and Requested Action:
That the Council approve the First Reading of Ordinance No. 2022-866 Ordinance of the City of Yreka Opting into the Siskiyou County Integrated Solid Waste Management Regional Agency’s Edible Food Ordinance.
Attachments:
• Ordinance 2022-866 Ordinance of the City of Yreka Opting in to the Siskiyou County Integrated Solid Waste Management Regional Agency’s Edible Food Recovery Ordinance • Exhibit A: Ordinance SWJPA-2022-01 Edible Food Recovery Ordinance • Exhibit B: Enforcement Agency Authorization – Siskiyou County Integrated Waste Management Regional Agency Authority
Ord. 2022-866 Page 1
ORDINANCE NO. 2022-866
ORDINANCE OF THE CITY OF YREKA OPTING IN TO THE SISKIYOU COUNTY INTEGRATED SOLID WASTE MANAGEMENT REGIONAL AGENCY’S EDIBLE
FOOD RECOVERY ORDINANCE
The City Council of the City of Yreka hereby ordains as follows:
Section 1. Purpose and Findings.
(a) Whereas, the purpose of this Ordinance is to comply with certain state laws requiring cities, counties, and special districts providing solid waste collection services to adopt ordinances and take other measures to reduce the amount of organic materials deposited in landfills, more specifically the Short-Lived Climate Pollutants Organic Waste Reduction regulations adopted pursuant to Senate Bill 1383 (Statutes of 2016) set forth in the California Code of Regulations (the “SB 1383 Regulations”); and
(b) Whereas, the City of Yreka is a member of the Siskiyou County Integrated Solid Waste Management Regional Agency (“SCWMA”). The SCWMA is a joint powers agency comprised of all the Cities in Siskiyou County and the County; and
(c) Whereas, the SB 1383 Regulations require cities, counties, and special districts providing solid waste collection services to adopt and enforce an ordinance or other enforceable mechanism requiring residents and businesses generating solid waste to participate in an organics collection program provided by the jurisdiction and requiring commercial edible food generators to participate in an edible food recovery program; and
(d) Whereas, City of Yreka finds that as a rural community it needs an exemption from the organic collection and organic waste collection program requirements of SB 1383 which would be extremely difficult to implement in this rural community; and (e) Whereas, City of Yreka is authorizing the SCWMA to apply for a rural exemption, on its behalf, from the organic waste collection program requirements of SB 1383 until at least December 31, 2026; and
(f) Whereas, all jurisdictions, however, must develop an edible food recovery program. In response to this mandate, the SCWMA is adopting an ordinance to establish a uniform and comprehensive countywide system to establish the local regulations required by the SB 1383 Regulations concerning regulation of commercial edible food generators, food recovery services and food recovery organizations, including enforcement mechanisms and administrative civil penalties for violations; and
Ord. 2022-866 Page 2
(g) Whereas, On January 6th, 2022, the Siskiyou County Integrated Solid Waste Management Agency adopted the Edible Food Recovery Ordinance (“EFRO”), Ordinance SWJPA-2022-01, attached hereto as Exhibit A. In order for the EFRO to apply in the City of Yreka, the City of Yreka must adopt an ordinance declaring that it will apply within the City of Yreka; and
(h) Whereas, The City of Yreka wishes the EFRO to apply in City of Yreka; and (i) Whereas, The EFRO provides jurisdictions with the option to grant enforcement authority over various of its provisions to agencies specified in the EFRO. The City of Yreka is making designations by approving a modification to the JPA agreement giving the County of Siskiyou the authority to act as the Designated Enforcement Agency for the SCWMA member agencies for SB 1383 compliance and enforcement and AB 341 compliance reporting; and
(j) Whereas, the City of Yreka understands that even though it is delegating SB 1383 enforcement to the County on behalf of the SCWMA member agencies, the City itself is the responsible entity for compliance and if CalRecycle enforces for jurisdictional non-compliance, they will enforce on the jurisdiction and not the County or the Agency operating on behalf of the jurisdiction. The exception to this is County specific requirements which the County, as its own jurisdiction, shall meet.
Section 2. Adoption.
Now, therefore, the City of Yreka hereby declares that the Edible Food Recovery Ordinance as set forth in Exhibit A to be effective in the City of Yreka beginning on January 1, 2022.
Section 3. Enforcement Agency Authorization.
(a) The Siskiyou County Integrated Solid Waste Management Regional Agency and the County are authorized and designated to carry out the responsibilities specified in the Edible Food Recovery Ordinance effective January 1, 2022. (b) The authorization and designation above does not limit the City’s authority to independently carry out some or all of the responsibilities designated above. The City retains full authority to implement and enforce the Edible Food Recovery Ordinance. (c) The City Council may authorize and designate other entities to carry out responsibilities under this ordinance and no amendment of this ordinance shall be required.
Section 4. Severance Clause.
Ord. 2022-866 Page 3
The City Council of the City of Yreka declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause, and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause, and phrase of this ordinance. If any section, sub-section, paragraph, subparagraph, sentence, clause, or phrase of this ordinance is held invalid, the [name of jurisdiction’s governing body] declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated.
Section 5. California Environmental Quality Act
This Ordinance is adopted pursuant to CalRecycle’s SB 1383 Regulations. The SB 1383 Regulations were the subject of a program environmental impact report (EIR) prepared by CalRecycle, and the activities to be carried out under this Ordinance are entirely within the scope of the SB 1383 Regulations and that EIR. No mitigation measures identified in the EIR are applicable to City of Yreka’s enactment of this Ordinance. Moreover, none of the conditions requiring a subsequent or supplemental EIR, as described in Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15163, have occurred. The EIR therefore adequately analyzes any potential environmental effects of the Ordinance, and no additional environmental review is required.
Section 6. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of Yreka within fifteen days after its adoption.
The foregoing ordinance was introduced at the regular meeting of the City Council of the City of Yreka held on January 18, 2022, and was adopted by the following vote on February 1, 2022.
Adopted this First day of February 2022, by the following called vote:
AYES:
NOES:
ABSENT:
Duane Kegg, Mayor
Attest:
Arthur Boyd, City Clerk
Exhibit A
Exhibit B
Enforcement Agency Authorization – Siskiyou County Integrated Waste Management Regional Agency Authority
The City of Yreka designates the Siskiyou County Integrated Solid Waste Management Regional Agency and the County as an Enforcement Agency for all Sections of the Edible Food Recovery Ordinance. Without limiting the generality of the foregoing, the authority provided by this designation includes the authority to request information or conduct inspections to verify compliance with any of the above sections to support the Agency’s or County’s enforcement activities.
To:
From:
Prepared by:
Agenda title:
Meeting date:
Discussion:
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
YrekaCityCouncil
City Clerk
Juliana Lucchesi, Planning Director
Discussion/Possible Action: A Resolution of the City Council of the City of Yreka Designating City Staff to Publish Summaries of Approved City Ordinances
February 1, 2022
The City of Yreka is required to post proposed ordinance a minimum of 15 days after the City Council approval of the proposed ordinance per Section 36933 of the California Government Code. The section requires that the full text of the proposed ordinance or a summary of the ordinance be prepared for publication in a locally circulating newspaper.
The cost to post the full text of an ordinance has significantly increased to a point where summarizing ordinance would save the City significant general funds.
The City Council must designate city officials to summarize the proposed ordinances.
The attached resolution recommends designating the City Manager, City Attorney, and City Clerk to summarize proposed ordinances due to the statis and required nature of these positions.
Fiscal Impact:
The proposed resolution would reduce the cost for posting proposed ordinances in the newspaper which is typically funded with General Funds.
Recommendation and Requested Action:
That the Council approve Resolution 2022-4 “A Resolution of the City Council of the City of Yreka, California designating City Staff to Publish Summaries of Approved City Ordinances”, by title only.
RESOLUTION NO. 2022-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA,
CALIFORNIA DESIGNATING CITY STAFF TO PUBLISH SUMMARIES OF
APPROVED CITY ORDINANCES
WHEREAS, Section 36933 of the California Government outlines specific standards for all cities for the publication of proposed ordinance changes and the creation of new ordinances; and
WHEREAS, the City of Yreka in the course of regular city business must publish new and amended ordinances for the viewing of the public to meet this state code; and WHEREAS, the cost to print the full text of the proposed ordinance in a locally circulated publication poses a financial burden to the city; and WHEREAS, Section 36933(1) allows the City Council to designate city officials to summarize the proposed ordinance for publication that meets the government Code while relieving the city of the cost burden of posting the full ordinance text; THEREFORE BE IT RESOLVED, the city council of the City of Yreka does ordain as follows that the City Manager, City Clerk, and City Attorney are hereby designated to prepare summaries of proposed ordinances or proposed amendments to an existing ordinance for publication which meets Section 36933 of the California Government Code.
AYES:
NAYS:
ABSENT:
_______________________
Duane Kegg, Mayor
Attest:
_______________________
Arthur Boyd,
City Clerk
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To:
Prepared By:
Agenda Title:
Meeting date:
Yreka City Council
Arthur Boyd, City Clerk
Discussion/Possible Action: Continuation of Urgency Ordinance 864.
February 1, 2021
Discussion:
The drought, prevailing climatic temperatures, and the allocation of Yreka Fire Resources to mutual aid to suppress wildfires was found to constitute an immediate threat to the public safety.
Ordinance 864 delays the sale of fireworks and the use of fireworks and public displays of pyrotechnics until the threat to public safety is abated.
Recommendation:
That the Council continue Urgency Ordinance 864.
SUMMARY OF ADOPTED URGENCY ORDINANCE No. 864
Please take notice that the Yreka City Council adopted, at an emergency meeting held on July 29, 2021, a temporary urgency ordinance, number 864, entitled: “AN UNCODIFIED URGENCY
ORDINANCE OF THE CITY OF YREKA DECLARING A LOCAL EMERGENCY, AND AUTHORIZING THE
DELAY OF THE SALE AND USE OF FIREWORKS WHICH MAY CREATE A THREAT TO PUBLIC SAFETY
DEEMED TO BE ARISING FROM THE INCIDENCE OF THE LAVA FIRE AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY AND FINDING THE ORDINANCE EXEMPT FROM CEQA REVIEW” This urgency ordinance generally provides:
1. The factual background of the Lava Fire, the drought, the prevailing climatic temperatures and the fact that Yreka’s Fire Resources are engaged in mutual aid to suppress the Lava Fire as well as the allocation of law enforcement resources in traffic control and the fact that without Yreka’s normally available police and fire resources, the use of fireworks and pyrotechnics fire may not be able to be suppressed which was found to constitute the basis for the urgency nature of the ordinance and the City Council determined that there existed an immediate threat to the public health, safety and/or welfare and a need for immediate preservation of the public peace, health, or safety that warrants the adopted urgency measures.
2. The ordinance delays the sale of fireworks and the use of fireworks and public displays of pyrotechnics until the threat to public safety is abated and the urgency ordinance is terminated.
3. The city council determined that a local emergency now exists and shall continue to exist until its termination is ordained by the City Council. The need for continuance of the urgency measures will be regularly reviewed by City Council until it is terminated. The ordinance will be terminated at the earliest possible time.
4. The ordinance vests in the City Manager, Chief of Police and the Fire Chief with the discretion to take such acts as may be necessary to effectuate the intent of the ordinance.
5. The Council determined that the ordinance complies with a categorical exemption from CEQA review.
By roll call vote the following councilmembers voted in favor of the ordinance: Duane Kegg, Deborah Baird, Paul McCoy and Corey Middleton. Council member Joan Smith Freeman was absent from the meeting at the time of the vote.
This summary is not intended to be a comprehensive statement of all of the provisions of the Ordinance, but constitutes only a fair summary of the Ordinance. The complete text of the Ordinance and the minutes of the emergency session is available for review online in Yreka’s City Council Agenda section or through a public records request as an in-person review of it is not available because City Hall is not currently open to the public.
ARTHUR BOYD
City Clerk
BUSINESS OF THE COUNCIL OF THE CITY OF YREKA
AGENDA REPORT
For meeting of: February 1,2021
TO: Honorable Mayor and City Council
FROM: Dohn Henion, Yreka City Attorney
TITLE: RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB 361) RECOMMENDATION:
In accordance with Assembly Bill 361, adopt a resolution to continue conducting the City’s Council, Commission, and Committee meetings remotely due to health and safety concerns to the public due to COVID-19.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
BACKGROUND:
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19.
Thereafter, on March 17, 2020, Governor Newsom issued Executive Order N-2920, which suspended certain provisions of the Ralph M. Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.
Staff quickly worked to set up remote meetings via Zoom for all City Council and Planning Commission meetings. The Zoom meetings have allowed the Council, Commissions, and Committees to continue to conduct City business from the safety of members’ homes. The City has been utilizing Zoom for the past 18 months to conduct nearly all public meetings. The usage of Zoom for public meetings has allowed the City to ensure the public’s continued access to government meetings while also ensuring the public’s safety.
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which extended the ability of agencies to hold remote meetings through September 30, 2021, after which agencies anticipated transitioning back to public meetings held in full compliance with the Brown Act. In preparation for the return to in-person meetings, staff has been working on acquiring audio and visual upgrades for City facilities to conduct hybrid meetings. Although hybrid meetings would help to keep the public safe by allowing them to continue accessing the meetings from their own home, Councilmembers, Commissioners, Committee members, and staff would need to meet in person.
Since the Governor issued Executive Order N-08-21, the Delta variant has emerged, causing a spike in cases throughout the state.
On September 16, 2021, Governor Newson signed Assembly Bill 361 (AB 361), which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Orders.
AB 361 authorizes local agencies to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act during a declared state of emergency, when state or local health officials have imposed or recommended measures to promote social distancing during the proclaimed state of emergency, or when there is an imminent risk to the health or safety of attendees.
DISCUSSION:
AB 361 will allow local legislative bodies to continue to meet remotely after the September 30, 2021 expiration of the Governor’s executive orders. A local agency will be allowed to continue to meet remotely when:
• The local agency holds a meeting during a declared state of emergency • State or local health officials have imposed or recommended measures to promote social distancing
• Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees
The City meets the requirements to continue holding meetings remotely to ensure the health and safety of the public due to the following:
• The City is still under a local state of emergency;
• County health orders require that all individuals in public spaces maintain social distancing and wear masks;
• The City can’t maintain social distancing requirements for the public, staff, Councilmembers, Commissioners, and Committee Members in their meeting spaces; The City cannot ensure social distancing requirements are met inside City facilities where the City Council, Planning Commission, Parks and Recreation Commission, Redistricting Advisory Committee, Bicycle and Pedestrian Advisory Committee, and Main Street Bridge Advisory Committee meet.
Moreover, the indoor mask order is still in effect, making it difficult to hear what Councilmembers, Commissioners, Committee Members, staff, and public speakers are saying.
Furthermore, while speaking through masks may be understandable in person, picking up speech on microphones for those attending remotely and those watching any livestreams would be difficult.
Per AB 361, the City Council would need to declare every 30 days that the City’s legislative bodies must continue to meet remotely to ensure the health and safety of the public. Staff recommends that the City Council declare these findings are true so these bodies can continue to meet remotely. Staff will return with this resolution for re-ratification at the Council’s 1st Tuesday meeting each month, at which time the Council can reassess as various health orders and COVID-19 parameters change.
RESOLUTION NO. 2021- 51
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8 A RESOLUTION OF THE YREKA CITY COUNCIL OF THE CITY OF
YREKA PROCLAIMING A LOCAL EMERGENCY, RATIFYING THE
PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR
NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE
TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF
CITY OF YREKA FOR THE PERIOD SUCCESSIVE 30-DAY PERIODS
PURSUANT TO ASSEMBLY BILL 361
9 WHEREAS, the City of Yreka is committed to preserving and nurturing IO public access and participation in meetings of the Yreka City Council; and 11 WHEREAS, all meetings of City of Yreka's legislative bodies are open and 12 public, as required by t.he Ralph M. Brown Act (Cal. Gov. Code§ 54950 13 54963), so that any member of the public may attend, participate, and watch the 14 City's legislative bodies conduct their business; and 15 16 WHEREAS, the Brown Act, Government Code section 54953(e), makes 17 provisions for remote teleconferencing paiiicipation in meetings by members of 18 a legislative body, without compliance with the requirements of Government 19 Code section 54953(b )(3), subject to the existence of certain conditions; and 20 WHEREAS, a required condition is that a state of emergency is declared by the 21 Governor pursuant to Government Code section 8625, proclaiming the existence 22 of conditions of disaster or of extreme peril to the safety of persons and property 23 within the state caused by conditions as described in Government Code section 24 8558;and
25 WHEREAS, a proclamation is made when there is an actual incident, threat of 26 disaster, or extreme peril to the safety of persons and prope1iy within the 27 jurisdictions that are within the City's boundaries, caused by natural, 28 technological, or human-caused disasters; and
29 WHEREAS, it is further required that state or local officials have imposed or 30 recommended measures to promote social distancing, or, the legislative body 31 meeting in person would present imminent risks to the health and safety of 32 attendees; and
33 WHEREAS, such conditions now exist in the City, specifically, in Executive Order 34 N-29-20 the Governor of the State of California declared a state of emergency to 35 exist as a result of the threat of COVID-19; and
36 WHEREAS, said order suspended provisions of celiain provisions of the Brown 37 Act relating to teleconference meetings and creating the ability for viliual meetings 38 to keep the public and our public officials safer from exposure to the pandemic; and 39 WHEREAS, that suspension of the Brown Act requires expired on September 30, 40 2021; and
41 WHEREAS, On September 16,2021 Assembly Bill 361 was passed into law 42 permitting the extension of virtual meetings so long as the state of emergency 43 exists and is reviewed every thirty days by the Yreka City Council; and 44 WHEREAS, the delta variant of COVID-19 has resulted in Siskiyou County 45 having experienced 4,382 confirmed COVID-19 amongst the local population 46 cases, 54 deaths, 56 new cases reported in the last 24 hours with 271 active cases 47 and 23 persons presently hospitalized and, accordingly, social distancing and 48 masking is required for attendees' health and safety to mitigate the imminent risk 49 of COVID-19 being transmissible during public, in-person meetings of the City of 50 Yreka; and
51 WHEREAS, virtual meetings further mitigate the public's health and safety while 52 still providing the opportunity for public input on the people's business; and 53 WHEREAS, the City Council has reconsidered the circumstances of the state of 54 emergency; and
55 WHEREAS, the state of local emergency continues to directly impact the ability of 56 the City Council, Commissions, and Committees, as well as staff and members of 57 the public, from meeting safely in person; and
58 WHEREAS, the Yreka City Council does hereby find that prevalence of COVID-19 59 amongst the local population and, accordingly, social distancing and masking is 2 60 required for attendees health and safety to mitigate the imminent risk of COVID-19 61 being transmissible during public, in-person meetings of the City of Yreka, its 62 commissions and committees may cause, and may continue to cause, conditions of 63 peril to the safety of persons within the City that are likely to be beyond the control of 64 services, persOlmel, equipment, and facilities of the City, healthcare providers and 65 local hospitals, and desires to proclaim a local emergency and ratify the 66 proclamation of state of emergency by the Governor of the State of California; and 67 68 WHEREAS, as a consequence of the local emergency, the Yreka City Council 69 does hereby find that the City of Yreka's governing body, its commissions and 70 committees shall conduct their meetings without compliance with paragraph (3) of 71 subdivision (b) of Government Code section 54953, as authorized by subdivision 72 (e) of section 54953, and that such legislative bodies shall comply with the 73 requirements to provide the public with access to the meetings as prescribed in 74 paragraph (2) of subdivision (e) of section 54953; and 75 WHEREAS, meetings are posted on the City's website providing the necessary 76 information for the public to virtually provide input to the governing body on the 77 people's business.
78 NOW, THEREFORE, THE YREKA CITY COUNCIL OF THE CITY OF 79 YREKA DOES HEREBY RESOLVE AS FOLLOWS:
80 Section 1. Recitals. The Recitals set forth above are true and correct and are 81 incorporated into this Resolution by this reference. 82 Section 2. Proclamation of Local Emergency. The City Council hereby proclaims 83 that a local emergency now exists throughout the City, and prevalence of COVID84 19 amongst the local population and, accordingly, social distancing and masking is 85 required for attendees health and safety to mitigate the imminent risk of COVID-19 86 being transmissible during public, in-person meetings of the City of Yreka has 87 caused, and will continue to cause, conditions of peril to the safety of persons within 88 the City that are likely to be beyond the control of services, personnel, equipment, and 89 facilities of the City, healthcare providers and local hospitals. 3 90 Section 3. Ratification of Governor's Proclamation ofa State of Emergency. The 91 City Council hereby ratifies the Governor of the State of California's Proclamation 92 of State of Emergency, effective as of its issuance date of March 4, 2021. 93 Section 4. Remote Teleconference Meetings. The staff and legislative bodies of 94 City of Yreka are hereby authorized and directed to take all actions necessary to 95 cany out the intent and purpose of this Resolution including, conducting open and 96 public meetings in accordance with Government Code section 54953(e) and other 97 applicable provisions of the Brown Act.
98 Section 5. Effective Date of Resolution. This Resolution shall take effect 99 immediately upon its adoption and shall be effective until the earlier of (i) 30 days 100 from adoption of resolution, and 30 days from each successive affirmation that the 101 state of emergency continues to exist or such time the Yreka City Council adopts a 102 subsequent resolution in accordance with Government Code section 54953( e)(3) to 103 extend the time during which the governing body of the City of Yreka may continue 104 to teleconference without compliance with paragraph (3) of subdivision (b) of 105 section 54953.
106 PASSED AND ADOPTED by the Yreka City Council of the City of Yreka, this 5th 107 day of October, 2021, by the following vote:
108 AYES: FREEMAN, MIDDLETON, BAIRD, KEGG
109 NOES:
110 ABSENT: MCCOY
111 ABSTAIN:
112
113 DuaneK
114 Attest:
115
116
4 To:
From:
Prepared by:
Agenda title:
Meeting date:
Discussion:
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
YrekaCityCouncil
Jason Ledbetter, City Manager
Jason Ledbetter, City Manager
Discussion/Possible Action: Permanent Local Housing Allocation Program (PLHA Grant) Discussion and Outline
February 1st, 2022
Permanent Local Housing Allocation Program (PLHA Grant)
INTRODUCTION
Grant funding can be used in a number of ways including development, acquisition, and rehabilitation of multifamily residential live-work housing. Funding may also be used for accessibility modifications in lower income owner occupied housing, acquiring and rehabilitating foreclosed or vacant homes and apartments, home ownership opportunities, and finally, assisting persons who are experiencing or at risk of homelessness.
Funding started in 2019 and a total estimate of funding available for a 5-year time frame for the City of Yreka is $612,043. An application will need to be submitted in 2022 in order for the City to have access to funds from 2019 and 2020. The grant process opens in May of 2022. The grant has a 5% cap on administrative fees that can be charged back, this equates to $30,602.
Proposed funding ideas:
1) Support the development / operational costs for an all age shelter 2) Support the development / operational costs for a youth shelter 3) Support the development / operational costs for the Siskiyou Crossroads No Place Like Home Project (Meeting on 1/31/22 with County to discuss)
ALL AGE SHELTER
1) What percentage of funding are we interested in earmarking for this project? I suggest we focus on a percentage as we do not know how much pass thru money will be coming to the City of Yreka from surrounding cities.
YOUTH SHELTER
[Type here]
1) What percentage of funding are we interested in earmarking for this project? I suggest we focus on a percentage as we do not know how much pass thru money will be coming to the City of Yreka from surrounding cities.
SISKIYOU CROSSROADS
1) What percentage of funding are we interested in earmarking for this project? I suggest we focus on a percentage as we do not know how much pass thru money will be coming to the City of Yreka from surrounding cities.
FUNDING FROM OTHER AGENCIES
1) City of Montague would like funding to pass thru Yreka and be earmarked for a Youth Shelter, if possible, they would like to retain a portion of the administration funding of 5%.
2) City of Etna will bring this back to council to get confirmation. They are recognizing that it makes the most sense to pass thru the money into Yreka, but they will need to determine at a future City Council Meeting.
3) City of Mount Shasta would like City of Yreka to take all funding and apply to a Youth Shelter & all age shelter.
4) Fort Jones has yet to be contacted.
Fiscal Impact:
None at this time.
Recommendation and Requested Action:
That the Council discuss the current outline and information concerning the Permanent Local Housing Allocation Program (PLHA Grant) Discussion and Outline To:
From:
Prepared by:
Agenda title:
Meeting date:
Discussion:
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
YrekaCityCouncil
Jason Ledbetter, City Manager
Jason Ledbetter, City Manager
Discussion: Emergency Warming Shelter Current Draft Outline February 1st, 2022
LOCATION:
Yreka Community Center, 810 N Oregon St
INSURANCE:
Marcus Beverly from Alliant has approved our use of this space as an emergency warming shelter that will not be used as a permanent unhoused shelter and will only be used at the discretion of the Council in emergency for overnight use and not 24 hour use as an Emergency Warming Shelter.
STAFFING:
A mix of volunteers and staff to be used. No current volunteer organization has been developed or been contacted to see if the community has an interest in helping with the operation. Need to get in touch with past warming shelter volunteers to find interest in creating a volunteer base to train and utilize during warming shelter operations.
TRAINING:
Sarah Springfield of Youth Empowerment Siskiyou has volunteered her services as a certified trainer to train all staff and volunteers that will eventually work on site. Sarah will provide this service free of charge.
FUNDING:
The Travelers Aid Fund for Shelter has roughly $3k available that can be used to pay staff time on this project if needed.
MADRONE / HOSPICE LUNCH:
We will need to reach out and make sure Madrone Hospice is okay with the use of an emergency warming shelter at this location.
PLAN:
1) Partition the main banquet space into a 1/3 size closest to Oregon. Partition the office space off. The bathrooms will be accessible for use and chairs and tables will be provided. (Show drawing)
2) Create a cleaning plan for the end of day in the morning. 3) What is acceptable to bring into the space? (Discussion with Council) 4) Notifying YPD when the warming shelter will be active. [Type here]
5) The warming shelter will be opened at the direction of the council. 6) No cloth items that belong to the city should be used. 7) Advertising when the shelter becomes active.
NEXT STEPS:
1) Advertise for volunteers or the formation of a group to help operate? 2) Discuss using this space with Madrone/Hospice
Fiscal Impact:
None at this time
Recommendation and Requested Action:
That the Council Discuss the Emergency Warming Shelter Current Draft Outline