Yreka City Council
February 15, 2022

YREKA CITY COUNCIL

REGULAR MEETING AGENDA
February 15, 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. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:

This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.
a. Presentation – Yreka Volunteer Fire Department
Introduction of Karyn Williams-Stanshaw as Applicant to the Yreka Volunteer Fire Department.
b. Presentation – Siskiyou County Health and Human Services Agency:

Siskiyou Crossroads Housing Development.

3. PUBLIC COMMENTS:

This is the time for public comments regarding items that are not on the agenda or items on the Consent Agenda. 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.

Join this meeting via Zoom:

Link: https://us02web.zoom.us/j/6194957056
Meeting ID# 619-495-7056
Members of the public may also remotely listen to and participate in the meeting via teleconference. If you wish to listen or participate in this meeting through teleconference, simply dial into the conference number below, and enter the meeting ID#.

Conference call in Number: 669-900-6833 (Toll-Free 888 788 0099) “RAISE YOUR HAND” to provide public comment for your desired item. Speakers will be asked to identify themselves.
• Online: If you are online, click on “raise hand” on the bottom of your screen. • Mobile App: In the mobile app, you can raise your hand by tapping the "Raise Hand" option in the "More" tab.
• Telephone: If you are calling in via telephone, to raise your hand, dial *9 (star-nine). Speakers will be called on by the last four digits of their phone number. To unmute yourself dial *6 (star-six).

• 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.

4. PUBLIC COMMENT FOLLOW-UP:

This is the time for City Council or the City Manager to respond to public comments and may direct staff to prepare a report or place an item on a future agenda.

5. 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, a. Approval/ratification of payments issued from January 24, 2022, through February 6, 2022. b. Approval of Minutes of the regular meeting held February 1, 2022. c. Continuation of Urgency Ordinance #864: Fireworks
d. Continuation of Urgency Resolution #2021-51: Remote Public Meetings e. Approve the Appointment of Karyn Williams-Stanshaw to the Yreka Volunteer Fire Department.
f. Adopt a Resolution Approving Vendors and Other Requests Associated with the Special Event Being Held by the Kiwanis Club to Be Known as “Kiwanis Club Easter Egg Hunt 2022.”
g. Adopt a Resolution to Oppose Initiative 21-0042A1
h. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.

6. 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.

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 FEBRUARY 1, 2022
On the 1st Day of February 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.

4. 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 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.

Following Council discussion, Councilmember McCoy moved to approve the Consent Agenda. 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.

5. OLD BUSINESS:
a. Discussion and Possible Action – City Manager:

Permanent Local Housing Allocation (PLHA) Program.

City Manager Jason Ledbetter presented information on this item to the Council. Following Council discussion, no action was taken at this time.
b. Discussion and Possible Action – City Manager:

Emergency Warming Shelter.

City Manager Jason Ledbetter presented information on this item to the Council. Following Council discussion, no action was taken at this time.

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
Human Resources Director John Elsnab presented information on this item to the Council.

Following Council discussion, Councilmember Freeman moved to approve item #7d with the changes suggested by Councilmember Baird. 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.

7. City Manager/Staff Reports:

City Manager and Staff made brief announcements or reports at this time.

8. Council Statements and Requests:

Councilmembers reported on various community events and meetings attended.

9. CLOSED SESSION:

The City Council recessed to Closed Session to discuss the following item(s):
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:

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 15, 2022

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 15, 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 15, 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
2 3
4 5
6 7
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 COUNCIL AGENDA MEMORANDUM
Yreka City Council
Jason Ledbetter, City Manager,
Jerry Lemos, Fire Chief
John Elsnab, Human Resources Director
Discussion and Possible Action: Approve the Appointment of Karyn E. Williams-Stanshaw to the Yreka Volunteer Fire
Department.

February 15, 2022
To meet the fire and safety requirements of the City of Yreka and the community, the Yreka Volunteer Fire Department operates on a continuous recruitment basis for volunteers.

Volunteer candidates who have completed the full recruitment and screening process are recommended for appointment.

The City of Yreka recommends the appointment of Karyn E. Williams-Stanshaw as a volunteer firefighter with the Yreka Fire Department. Mrs. Williams-Stanshaw has completed all of the application requirements regarding the appointment.

Yreka Special Event Encroachment Agreement Page 1 of 8
Easter Egg Hunt 2022

USE AND ENCROACHMENT AGREEMENT
This Encroachment Agreement is made and entered into on this 15th day of February 2022 by and between the Kiwanis Club of Yreka (“Permittee") and the City of Yreka, a municipal corporation, hereinafter referred to as "City".

RECITALS:

Whereas, the City Council of the City of Yreka has adopted Resolution No. 2022-6 (“Resolution”) in connection with an event to be hosted by Permittee as described in that Resolution, which is attached hereto as Exhibit “B” and made a part hereof by this reference; and,
Whereas, the Resolution authorizes the City Manager to fix such additional conditions as necessary to implement the Resolution; and,
Whereas, the parties desire to establish the conditions for use and maintenance of the City’s property in connection with the event.

NOW THEREFORE, in consideration of the undertakings set forth hereafter, a Temporary Encroachment Permit (the “Permit”) is hereby granted to Permittee, to allow Permittee to enter onto City property and use the area known as Miner Street Park, consistent with the provisions of the Resolution and subject to the following additional covenants and conditions:

1. Permittee understands that the public may enter the event area.

2. Said encroachment shall occur on April 16, 2022, or as the parties may agree occur otherwise. Said encroachment is permitted on the conditions as may be set forth in the Resolution and by signing this Agreement, Permittee agrees to abide by all of the terms and conditions of the Resolution and this Agreement.

3. The Permittee shall repair or replace any damage caused to City property by the activities conducted pursuant to this Permit, at Permittee’s sole expense, within 10 days of notification from the City. This Permit notwithstanding, no encroachment may occur without the prior written consent of the city.

4. The Permittee shall provide adequate provisions for the protection for the public and ensure minimum interference with pedestrian and traffic at all times during the existence of the encroachment. Warning signs, lights and safety devices and/or other measures required for the public safety shall conform to the requirements of the City.

5. Neither the City, nor any of its officials, officers, agents, or employees shall be responsible or liable for injury to persons (including the death of person or persons) or damage to any property by reason of the activities conducted pursuant to this Permit. Said liability and responsibility shall be borne solely by the Permittee. Permittee, by accepting this Permit, agrees to protect, defend, indemnify and hold the City, its officials, officers, agents and employees, free Yreka Special Event Encroachment Agreement Page 2 of 8
Easter Egg Hunt 2022
and harmless from claims for injuries or damages of any kind whatsoever. Permittee is selfinsured and will be primarily liable for Permittee and its employees, agents, contractors, and subcontractors, and no other insurance effected by City or other insureds will be called on to cover a loss incurred pursuant to the activities of this Permit. Permittee shall hold City, its officials, officers, agents and employees free and harmless from any claims for injuries or damages in connection with any claim for Workers’ Compensation associated with the activities covered by this Permit.

6. Upon execution of this Agreement Permittee shall provide liability insurance naming the City of Yreka as additionally insured specific to the event dates and location, covering the period of the event, satisfactory to the City and as set forth in Exhibit “A”. Event sponsor will be responsible and hold harmless the City for acts of the vendors.

7. During the term of the Permit, the Permittee shall comply, and cause attendees of the event to comply, with all other City of Yreka ordinances, with all applicable federal, state, and local laws, statutes, rules, regulations, resolutions, and policies, both now existing and as amended in the future, including but not limited to the Americans with Disabilities Act.

Permittee shall notify event participants of all the conditions set forth herein to assure the proper use and maintenance.

8. This Permit does not constitute a deed or grant of any easement by the City, and is transferable or assignable only with the prior written permission of the City. This Permit is revocable at any time with or without notice by the City at its sole discretion. This Permit is immediately revocable upon a violation of the terms of this Use Agreement or the cessation or termination of the Permittee’s operation at the location for which this Permit is issued.

9. This Permit is binding upon the Permittee’s successors and assigns.

10. Permittee, by accepting this Permit, guarantees the prompt removal of any and all structures and/or modifications herein permitted and/or located within the public property subject to this Permit upon notification from the City and at Permittee’s cost.

11. Permittee understands and agrees, by accepting this Permit, that the City has the right to remove the encroachment at its own expense without compensation to the Permittee if necessary for any City purposes.

12. This Permit shall not become effective until receipt by the City of a copy of this Permit with properly signed endorsements accepting the same, subject to terms and conditions contained herein.

13. This Permit is issued with the understanding that any particular action is not to be considered as establishing any precedent: (1) on the question of permitting any certain kind of encroachment to be erected upon City property; or (2) as to the acceptability of any such permits as to any other or future situation.

Yreka Special Event Encroachment Agreement Page 3 of 8
Easter Egg Hunt 2022
IN WITNESS WHEREOF, this Agreement is executed on the date first above written.

City of Yreka PERMITTEE: Kiwanis Club of Yreka
By____________________________ By: ___________________________ Jason Ledbetter, City Manager Steve Mains, Event Coordinator Attest:
_____________________________
Arthur Boyd, City Clerk
Exhibit A – Insurance: A1. City Requirements and A2. Evidence of Coverage Exhibit B – Authorizing Resolution #2022-6
Exhibit C – Letter of Request
Exhibit A1
CITY OF YREKA Insurance Requirements
for Use /Rental of Facilities
Renter shall procure and maintain for the duration of the rental period insurance against claims for injuries to persons or damages to property which may arise from or in connection with the rental of the facilities and the activities of the renter, his guests, agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

If the use includes athletic activities, Renter shall provide evidence of that the CGL includes coverage for injuries to athletic participants and should also provide evidence of Participant Accident Insurance.

If the Renter maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Renter. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the rental of the facility, work or operations performed by or on behalf of the Renter including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Renter’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Renter’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Renter’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.

Waiver of Subrogation
Renter hereby grants to Entity a waiver of any right to subrogation which any insurer of said Renter may acquire against the Entity by virtue of the payment of any loss under such insurance. Renter agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Verification of Coverage
Renter shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. All certificates and endorsements are to be received and approved by the Entity at least five days before Renter commences activities.

Liquor Liability
If Renter will be supplying alcoholic beverages, the general liability insurance shall include host liquor liability coverage. If Renter is using a caterer or other vendor to supply alcohol that vendor must have liquor liability coverage. If Renter intends to sell alcohol either the Renter or vendor providing the alcohol for sale must have a valid liquor sales license and liquor liability insurance covering the sale of alcohol.

Homeowners Insurance
In some cases, the Renter’s homeowner’s liability insurance may provide coverage sufficient to meet these requirements. Renter should provide these requirements to his or her agent to confirm and provide verification to the Entity.

Special Events Coverage
Special events coverage is available for an additional fee to provide the liability insurance required by this agreement. Renter can obtain additional information and cost from Entity.

Special Risks or Circumstances
Entity reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.

Exhibit A2
Event Insurance Certificate and Additional Insured Endorsement

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
2/3/2022
Hylant - Indianapolis
10401 North Meridian St, Ste 200
Indianapolis IN 46290
Lisa Christenson 317-817-5172 317-817-5151 [email protected] Lexington Insurance Company 19437 KIWAN03 Kiwanis International, All Clubs and Their Members
3636 Woodview Trace
Indianapolis IN 46268
1836766626
A X 2,000,000 X 500,000 5,000 X Liquor Liability 2,000,000 2,000,000 Y 013136005 11/1/2021 11/1/2022 2,000,000 Liquor Liability 1,000,000
A 1,000,000 X X
013136005 11/1/2021 11/1/2022
A Self-Insured Retention 013136005 11/1/2021 11/1/2022 All Claims $75,000 The Certificate Holder and others as defined in the written agreement are additional insured subject to the terms, conditions, and exclusions on the policy with respect to the General Liability only regarding the following Kiwanis event (setup, take down & rain date(s) during the policy term are included).

April 16th, 2022 or any future date(s) during the policy term.

Easter Egg Hunt
Located @ Miner Street Park
Kiwanis Club of Yreka, CA
City of Yreka, a municipal corporation its officials, officers, agents, employees
Attn: Arthur Boyd
701 Fourth Street
Yreka CA 96097
City of Yreka, a municipal corporation its officials, officers, agents, employees Attn: Arthur Boyd
701 Fourth Street
Yreka, CA 96097

Exhibit B
CITY OF YREKA Authorizing Resolution #2022-6

RESOLUTION NO. 2022-6

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

APPROVING VENDORS AND OTHER REQUESTS ASSOCIATED WITH EVENT BEING HELD BY THE KIWANIS CLUB KNOWN AS “KIWANIS CLUB EASTER EGG HUNT” WHEREAS, the city, a municipal corporation, is the owner of certain lands within the City of Yreka which are operated by the City as public municipal facilities, and, WHEREAS, the Kiwanis Club (hereafter also referred to as “event sponsor”) desires to hold an event known as “Kiwanis Club Easter Egg Hunt” on Saturday, April 16, 2022, at Miner Street Park; and,
WHEREAS, the following provisions of the Yreka Municipal Code [YMC] are implicated by this event:

Vehicle controls- YMC Chapter 10.73
Business license-YMC Section 5.04
Sound Amplifying Devices-YMC Chapter 9.28
Temporary Signs-YMC Section 13.16.020 (d); and,
Whereas, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment; and
WHEREAS, the City Council has determined it would be in the best interests of the City to approve and authorize the action outlined in this Resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The Council hereby finds and determines that the foregoing recitals are true and correct.

Section 2. The Council directs as follows:
a. The event sponsor is hereby issued a permit for the use of Miner Street Park for the event to be held on April 16, 2022. The event sponsor may add vendors to the event and the City will work with the event sponsor to facilitate issuance of the daily business licenses for the event. Event sponsor will be responsible and hold harmless the City for acts of the vendors. b. The event sponsor is responsible to furnish, place, and remove extra garbage cans and dispose of garbage, provide emergency access, cleanup all areas used including but not limited to the park.

c. The event sponsor shall provide the City with proof of general liability insurance of not less than $1,000,000 and a separate endorsement naming the City of Yreka as additionally insured specific to the event dates and location, at least 1 week prior to the event. Event sponsor will be responsible and hold harmless the City for acts of the volunteers and vendors. d. The event sponsor shall comply with all other City of Yreka ordinances; and, shall comply with such further conditions and requirements as may be set by the Chief of Police, Public Works Director, and the Public Works Maintenance Manager. e. The event sponsor shall not place any paint on the street pavement, curb, gutter, and sidewalk. Any markings on the street pavement, curb, gutter, and sidewalk shall be of a temporary nature and shall be removed by the event sponsor within 7 days after the end of the event.
f. The Department of Public Works is directed to prepare a Use and Encroachment Agreement to be signed by the Event Sponsor setting forth the terms of use in accordance with this Resolution.

Section 3. It is further resolved, If any section, subsection, part, clause, sentence or phrase of this Resolution or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Resolution, the application thereof, shall not be effected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.

Section 4. The City Manager, the Chief of Police, Public Works Director, Public Works Maintenance Manager, and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to affect the purposes of this Resolution and the transactions herein authorized.

Section 5. The City Clerk shall forward a copy of this Resolution to the event sponsor, Chief of Police, Public Works Director, and the Public Works Maintenance Manager. This resolution shall take effect immediately upon its passage.

Passed and adopted this 15th day of February, 2022, by the following vote:

AYES:

NAYS:

ABSENT:
_________________________________
Duane Kegg, Mayor
Attest_____________________________
Arthur Boyd, City Clerk
Exhibit C
Letter of Request, Special Event Application, and Park Reservation Application February 1, 2022
Kiwanis Club of Yreka
P.O. Box 250
Grenada, CA 96038
City of Yreka:

The Kiwanis Club of Yreka plans to host the annual City of Yreka Easter Egg Hunt on Saturday, April 16, 2022. Due to the pandemic and public health concerns, the Club and City have not hosted the event since 2019. This letter of request is the formal request to be placed on the Yreka City Council agenda for Tuesday, February 15, 2022. The request is the same as previous years: “Discussion/Possible Action – Adopt Resolution approving vendors and other requests associated with the Special Event being held by the Kiwanis Club to be known as “Kiwanis Club Easter Egg Hunt”.” The City has subsidized the event in previous years in the amount of $500, which is the continued request for the 2022 event.

This event draws a large crowd annually. Families with children attend to participate in a community Easter Egg Hunt. We place ten thousand eggs in the park, and within minutes they are collected by children. We request that Yreka Police Department attends as they have in years prior to sound the siren at 10:00 AM to start the hunt.

Many thanks,
Kiwanis Club of Yreka
Rev. 1/29/2020

Special Event Application and Checklist
This checklist is intended to help event sponsors provide complete and timely information for the City of Yreka to approve special events proposed at City park facilities.

Event Name: ______________________ Event Date(s)/Time: _______________ Event Location: _____________________
Sponsor Organization: ___________________ Contact Name: ___________________ Contact Phone: ___________________ Contact Email: ______________________ To Be Completed:

Letter of Request regarding your special event. Please include information such as:
o Basic event information (name, activity, number of participants, community benefit, etc.) o Identify event requests (i.e. irrigation shut off, street closures, etc.) o Identify any special support requests (i.e. barricades, park exclusive use, camping, fee waiver, facilities, alcohol/food service, vendor sales, etc.) o Reserve support equipment (i.e. stage, sound, barricades, Police escort, etc.) o Identify advance coordination you have done with Public Works or Police Dept.

Attend City Council meeting, if scheduled, to answer any questions about your event.

Park Reservation form and Park Reservation fee (if applicable)

Event deposit made. Amount __________ Date : _________________

Turn in a signed Event (Encroachment) Agreement no later than 1 week before your event.

Provide evidence of insurance that names the City as Additional Insured:
o a) Certificate of Insurance, AND
o b) Additional Insured Endorsement form.

Obtain event Business License(s) for vendors. Provide vendor lists, as appropriate.

Make event notifications as required by Police or Public Works.

Receive fully executed agreement from the City. (Your event is NOT approved until you receive a fully executed agreement from the City.)
City of Yreka
701 Fourth Street • Yreka, CA 96097
(530) 841-2386 • FAX (530) 842-4836
KiwanisYrekaEasterEggHunt
Miner street park
SaturdayApril16,2oz
KiwanisClubof Yreka Steve Mains
951 201 6571 Steve mains email
Please keep a copy of this receipt as evidence of your reservation. Reservation signs will be posted, however, if you encounter any difficulties after-hours or on the weekends, you may contact the Yreka Police Department at (530) 841-2300.

CITY OF YREKA ŀ701 FOURTH ST ŀYREKA ŀCA ŀ96097
APPLICATION TO RESERVE "PICNIC AREA"
Name ______________________________________ Phone ____________________ Mailing Address_________________________________________________________ The undersigned is requesting permission to reserve the picnic area of:

Miner Street Park Upper Greenhorn Park
Ringe Memorial Park Lower Greenhorn Park
Discovery Park
Estimated number of people attending ___________
Applicant shall provide their own trash containers and remove all trash at the conclusion of the reservation.

On ________________, ______________________ **From ______________ **To ______________. (Day) (Date) (Time) (Time)
**Please include any additional time needed for set-up and clean-up.

In conjunction with the reservation of the picnic area, please reserve:

Volleyball & Horseshoe Set Gazebo at Upper Greenhorn
I understand that the sports equipment may be picked up at City Hall by 4:00pm on the Thursday prior to my reservation and I agree to return said sports equipment to City Hall prior to 4:00pm on the Monday following my reservation.

I understand that this reservation is for the PICNIC AREA ONLY; no vehicles are allowed on the lawn areas; it is unlawful to build any fire outside of the barbecue pits; and I agree to abide by all posted rules and regulations. I further understand that approval will be contingent upon full compliance with Chapter

9.50 of the Yreka Municipal Code entitled "Park Regulations" and Resolutions No. 1324, 1797, and 2169.

Inflatable bouncy structures are not permitted.

Special requests:_______________________________________________________________________ Permission to use sound-amplifying devices. Connection to power source must be coordinated with the Maintenance Manager prior to event. (Electricity is not available at Upper Greenhorn). __________________________________ ______________________ Signature of Applicant Date
If you have any questions or need further information regarding your reservation, please contact City Hall at (530) 841-2386. For maintenance issues, please contact the Department of Public Works at (530) 841-2370.

Park Reservation Fee - $25.00 Paid: Date________________ Cash Check Card Signature of City Staff ________________________________ Greenhorn Gate Hours
March thru October
7:30am – 9:00pm
November thru February
7:30am – 7:00pm
Kiwanis Club of Yreka 951 201 6571
P.O Box 250 Grenada
Saturday April 16,2022 7 00AM 1 00PM
x
Catherines 211122

RESOLUTION NO. 2022-7
Resolution By the City Council of the City of Yreka to Oppose Initiative 21-0042A1 WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

THEREFORE, BE IT RESOLVED that the City of Yreka, opposes Initiative 21-0042A1.

THEREFORE, BE IT FURTHER RESOLVED, that the City of Yreka will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

PASSED, APPROVED, AND ADOPTED this 15th day of February 2022 by the following vote:

AYES:

NAYS
ABSENT:
_________________________________
Duane Kegg, Mayor
Attest_____________________________
Arthur Boyd, City Clerk

ACTION ALERT
State Ballot Measure Restricting Voters’ Input and Local Taxing Authority
*** CITY RESOLUTIONS NEEDED ***
ACTION:

Cal Cities requests cities adopt a city resolution to demonstrate how harmful this measure would be to your community and the people of California.

Send adopted city resolutions to [email protected] as soon as possible. A sample city resolution is attached.

BACKGROUND
In 2018, the “Tax Fairness, Transparency and Accountability Act” or (AG# 17- 0050 Amdt. #1), was being circulated to qualify for the November 2018 ballot.

This initiative would have drastically limited local revenue authority.

Through the successful work and advocacy of the League of California Cities and its coalition, the measure’s proponents withdrew the initiative from the ballot in June 2018.

On Jan. 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act or AG# 21-0042A1. This measure is far more detrimental to cities than the measure filed in 2018, because it would decimate vital local and state services to the benefit of wealthy corporations.

Cal Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative.

SUMMARY
The Taxpayer Protection and Government Accountability Act limits voters’ authority, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold violators of state and local laws accountable.

WHAT WOULD THIS MEASURE SPECIFICALLY DO?
1) Limit voter authority and accountability
• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures.
• Invalidates the Upland decision that allows a majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be
invalidated unless reenacted within 12 months.
2) Restrict local fee authority to provide local services • Impacts franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence. 3) Restrict authority of state and local governments to issue fines and penalties for violations of law
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
4) Restrict local tax authority to provide local services • Requires voter approval to expand existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service).
• City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.
5) Other changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

TALKING POINTS
1) Gives wealthy corporations a major loophole to avoid paying their fair share — forcing local residents and taxpayers to pay more • The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources — shifting the burden and making individual taxpayers pay more. 2) Allows corporations to dodge enforcement when they violate environmental, health, public safety, and other laws
• The deceptive scheme creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.
3) Jeopardizes vital local and state services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.
• It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.
4) Opens the door for frivolous lawsuits, bureaucracy, and red tape that will cost taxpayers and hurt our communities
• The measure will encourage frivolous lawsuits, bureaucracy, and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services. 5) Undermines voter rights, transparency, and accountability • This misleading measure changes our constitution to make it more difficult for local voters to pass measures needed to fund local services and local infrastructure.
• It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent.

CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Billions of local government fee and charge revenues placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use.  Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in compliance with the initiative.
 Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations and associated impacts on housing and commercial development.
 Service and infrastructure impacts including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures.  Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through November 8, 2022 would be void after November 9, 2023.
 Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes at additional cost to taxpayers.
 Requires that a tax or bond measure adopted after January 1, 2022 and before the effective date of the initiative (November 9, 2022) that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative (November 9, 2023).
o If past election patterns are an indication, dozens of tax and bond measures approving hundreds of millions of annual revenues may not be in compliance and would be subject to reenactment.

Most will be taxes without a specific end date. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, measures not in compliance would need to be placed on a special election ballot for approval before November 9, 2023 or the tax will be void after that date. General tax measures would require declaration of emergency and unanimous vote of the governing board.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 7, 2022
– 2 – rev January 7, 2022
CaliforniaCityFinance.com
 Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions for general taxes would, under current law, each require unanimous vote of the agency board to be placed on a special election ballot or would be void after November 9, 2023.

1.a. Number of Measures and Value of Local Taxes at Risk1 In 2020, voters in California approved 293 local tax and bond measures for cities, counties, special districts and schools (95 in March and 198 in November). The approved measures enacted $3.85 billion in new annual taxes including $1.3 billion for cities, $302 million for counties, $208 million for special districts (fire, wastewater, open space and transit districts), and $2.037 billion for schools (including for school bonds).

Most tax measures go to the ballot during a presidential or gubernatorial primary or general election in an even year. However, some tax measures are decided at other times. During 2019, there were 45 approved tax and bond measures (24 city, 14 special district, 7 school) adopting $154.0 million in new annual taxes ($124.0 million city, $10.5 million special district and $19.2 million school).

Most tax and bond measures comply with the new rules in Initiative 21-0042Amdt#1 except:
 Dozens of taxes would require end dates. This would require additional measures in future years to extend the taxes further. Very few extensions of existing local taxes fail.  Majority vote general tax measures could not be accompanied on the same ballot with an advisory, non-binding measure as to use of tax proceeds.  Special taxes placed on the ballot via citizen initiative would require two-thirds voter approval.

Bond measures have fixed terms. Historically, about 20 percent of other tax measures have included specific durations (i.e. sunsets). Advisory measures as to use of revenues are uncommon. I do not expect the provisions of 21-0042A1 to have any substantial effect on passage rates. However, some 2022 approved measures would likely have to put back on the ballot.

Based on history, a reasonable estimate of the annualized tax revenues estimated to be approved by 1 Source: Compilation and summary of data from County elections offices. – 3 – rev January 7, 2022
CaliforniaCityFinance.com
voters in 2022 and placed at risk by this initiative is at least $1.5 billion, including $1.0 billion from cities and $500 million from counties and special districts. 2 1.b. Additional Costs and Public Service Effects of the Tax Provisions In addition to service delays and disruption due to new tax revenues placed at greater legal risk, there will be substantial additional costs for legal defense. The deterrence of taxes for annexations will delay and deter municipal annexations.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a new "actual cost” test defined as “(i) the minimum amount necessary to reimburse the government for the cost of providing the service to the payor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In addition, subjects these same charges to a new, undefined, “reasonable” standard.
 Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test.  Subjects a challenged fee or charge to new, higher burdens of proof if legally challenged.  Prohibits a levy, charge or exaction regulating or related to vehicle miles traveled, imposed as a condition of property development or occupancy.

2.a. Value on New Local Government Fees and Charges at Risk3 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $1 billion per year including those adopted since January 1, 2022. Of this $1 billion, about $570 million is for special districts, $450 million is cities, and $260 million is counties.4
Major examples of affected fees and charges are:

1. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

2. Commercial franchise fees.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Document processing and duplication fees.

6. Transit fees, tolls, parking fees, public airport and harbor use fees.

7. Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

In addition to fees and charges, the measure puts fines and penalties assessed for the violation of state and 2 This does not include citizen initiative special tax approved by majority but not two-thirds. Because this approach is new, the number of these measures and amount of revenue involved cannot be estimated. 3 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 4 School fees are also affected but the amount is negligible by comparison. – 4 – rev January 7, 2022
CaliforniaCityFinance.com
local law at risk, making them taxes subject to voter approval under certain circumstances.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
mc
Stop the Corporate Loopholes Scheme
Deceptive Proposition Allows Major Corporations to Avoid Paying their Fair Share and Evade Enforcement when they Violate Environmental, Health & Safety Laws An association representing California’s wealthiest corporations — including oil, insurance, banks and drug companies — is behind a deceptive proposition aimed for the November 2022 statewide ballot. Their measure would create major new loopholes that allow corporations to avoid paying their fair share for the impacts they have on our communities; while also allowing corporations to evade enforcement when they violate environmental, health, safety and other state and local laws. Here’s why a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses oppose the Corporate Loophole Scheme:

Gives Wealthy Corporations a Major Loophole to Avoid Paying their Fair Share - Forcing Local Residents and Taxpayers to Pay More • The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources – shifting the burden and making individual taxpayers pay more.

Allows Corporations to Dodge Enforcement When They Violate Environmental, Health, Public Safety and Other Laws
• The deceptive scheme creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Jeopardizes Vital Local and State Services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services and more. • It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities and more.

Opens the Door for Frivolous Lawsuits, Bureaucracy and Red Tape that Will Cost Taxpayers and Hurt Our Communities
• The measure will encourage frivolous lawsuits, bureaucracy and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services.

Undermines Voter Rights, Transparency, and Accountability • This misleading measure changes our constitution to make it more difficult for local voters to pass measures needed to fund local services and local infrastructure.
• It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent.

The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1
January 21, 2022
Summary: The measure limits the voters’ input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable.

Limiting Voter Authority and Accountability
• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. • Invalidates Upland decision that allows majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.

Restricting Local Fee Authority to Provide Local Services • Franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.

Restricting Authority of State and Local Governments to Issue Fines and Penalties for Violations of Law.
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

Restricting Local Tax Authority to Provide Local Services • Expanding existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service) requires voter approval.
• City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.

Other Changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

To:

From:

Prepared by:

Agenda title:

Meeting date:

Discussion:

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
Yreka CityCouncil
Jason Ledbetter, City Manager
Jason Ledbetter, City Manager
Discussion/Possible Action: Permanent Local Housing Allocation Program (PLHA Grant) Discussion and Outline
February 15, 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 15, 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