YREKA CITY COUNCIL REGULAR MEETING MINUTES
June 21, 2022 - 6:30 P.M.
CALIFORNIA
On the 215 day of June 2022 at 6:30 p.m. the City Council of the City of Yreka met and upon roll call the following Councilmember were present: Deborah Baird, Joan Smith Freeman, Duane Kegg, Corey Middleton, and Paul McCoy.
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:
Mayor Kegg said that, with Council consensus, agenda item 81 is to be removed from the Agenda.
The Mayor suggested that Agenda item 8H be moved to the beginning of the meeting (after public comment) in consideration of speakers present. Council consensus was to accept such reordering.
2. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:
Siskiyou County Economic Development Council (SCEDC) Presentation on Economic Benefits during and after Highway Construction - Tonya Dowse and Kory Hayden co-presented the report.
3. PUBLIC COMMENTS:
Donna Bacigalopi, Jan Osborne, Kory Hayden provided public comment.
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 May 27, 2022, through June 12, 2022. b. Approval of Minutes of the regular meeting held June 7, 2022. c. Approval of the Cash and Fiscal Reports:
i. Cash Balances Report - May 2022
ii. Budget of Revenue and Expenditures with Year-to-Date Actuals through May 31, 2022 ili. Fiscal Performance Report as of May 31, 2022
d. Continuation of Urgency Ordinance #864: Fireworks.
e. Continuation of Urgency Resolution #2021-51: Remote Public Meetings.
YREKA CITY COUNCIL REGULAR MEETING MINUTES
June 21, 2022 - 6:30 P.M.
CALIFORNIA
On the 21" day of June 2022 at 6:30 p.m. the City Council of the City of Yreka met and upon roll call the following Councilmember were present: Deborah Baird, Joan Smith Freeman, Duane Kegg, Corey Middleton, and Paul McCoy.
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:
Mayor Kegg said that, with Council consensus, agenda item "8.i." is to be removed from the (ate public oney in one datin of peace present. Council or begins vast ecting such reordering.
2. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:
Siskiyou County Economic Development Council (SCEDC) Presentation on Economic Benefits during and after Highway Construction - Tonya Dowse and Korey Hayden co-presented the report.
3. PUBLIC COMMENTS:
Donna Bacigalopi, Jen Osborne, Korey Hayden provided public comment.
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 May 27, 2022, through June 12, 2022. b. Approval of Minutes of the regular meeting held June 7, 2022. c. Approval of the Cash and Fiscal Reports:
i. Cash Balances Report - May 2022
i1. Budget of Revenue and Expenditures with Year-to-Date Actuals through May 31, 2022 ili. Fiscal Performance Report as of May 31, 2022
d. Continuation of Urgency Ordinance #864: Fireworks.
e. Continuation of Urgency Resolution #2021-51: Remote Public Meetings.
f. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.
MOTIONED: McCoy
SECONDED: Baird
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
6. PUBLIC HEARINGS:
Note Item B was addressed before item A
Planning Director - Public Hearing
a. General Plan Minor Amendments - GP-2021-02 and GP-2021- 03 Agenda Title: The City of Yreka and ECORP have prepared minor amendments to the 2002 General Plan Circulation and Public Health and Safety Elements to address changes in state general plan law and regulations. The proposed amendment to the Circulation Element introduces the new state metric for circulation impacts: vehicle miles traveled (VMT). The proposed changes would include metrics to evaluate traffic impacts of future proposed projects under the California Environmental Quality Act (CEQA).
The proposed changes to the Public Health and Safety Elements will ensure compliance with recent state legislation and guidelines (including Assembly Bill 2140, Senate Bill 1241, Assembly Bill 747, Senate Bill 99, Senate Bill 1035, Senate Bill 379 and Senate Bill 1000).
The proposed amendments address flooding and wildfire hazards, as well as address vulnerability to climate change, and incorporate policies and programs regarding environmental justice.
The proposed action has been determined to meet the guidelines for a "General Rule" or "common sense" exemption pursuant to Section 15062(b)(3) of the State California Environmental Quality Act (CEQA) Guidelines. The proposed project would not result in any foreseeable direct or indirect impacts to the environment.
Recommended City Council Action: Motion to approve City Council Resolution No. 2022- 22 of the City Council of the City of Yreka Approving General Plan Amendment 2022-01 and Adoption of this Resolution to be Exempt from CEQA
Public Comment: Lorenzo Love made comments.
MOTIONED: Smith Freeman
SECONDED: Baird
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
Municipal Projects/SCEDC - Public Hearing
Note Item B was addressed before item A
b. Agenda Title: Grant Applications Community Development Block (CDBG) Grants Fiscal Year 2022 Notice of Funding Availability (NOFA) dated April 19, 2022 Hold a Public Hearing for the CDBG FY 2022 NOFA dated April 19, 2022, Adopt Resolution No. 2022-23 Approving Grant Applications and Authorizing the City Manager to Execute Grant Agreements and Other Related Documents
Consideration of the Following Projects:
1. Business Assistance & Lending "Highway 3 Construction Mitigation Project" - Economic Development: Business Assistance and Lending
Siskiyou Economic Development Council (SEDC) submitted an idea for an Economic Development grant application. The project would create and implement a business loan program for businesses expecting to experience revenue loss as a result of the upcoming Caltrans Highway 3 Rehabilitation Project, a three-year street construction project on Main Street. The program would be created and implemented by SEDC with the City as primary agency.
2. Code Enforcement Project - Public Services: Code Enforcement Code Enforcement's focus is to help improving blighted properties. Combined with the tools of housing rehabilitation and abatement of nuisances, the City can help stabilize and maintain affordable quality housing and neighborhoods. For CDBG program purposes, code enforcement is defined as a process whereby local governments gain compliance with ordinances and regulations regarding health and housing codes, land use and zoning ordinances, sign standards, and uniform building and fire codes, and it should be noted that the CDBG program expects the focus of code enforcement to be on health and safety issues in buildings and structures.
Recommended City Council Action: Motion to adopt a Resolution No. 2022-23 approving grant applications and Authorizing the City Manager to execute grant agreements and other related documents, for the selected projects.
Public Comment: Tonya Dowse and Lorenzo Love provided comments.
Assistant City Manager/City Clerk provided clarifying details on the issue.
MOTIONED: Smith Freeman
SECONDED: Middleton
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
Police - Public Hearing
c. Agenda Title: Introduction of Ordinance 872 and approving and adopting Yreka Police Departments Military Equipment Use (Lexipol Policy 706) and adding the Ordinance to Yreka Municipal Code Chapter Section 9.41 "Military Equipment Use" Hold a public hearing to receive public comment and introduction a City of Yreka Municipal Ordinance 872, Chapter 9.41 "Military Equipment Use" Policy, in accordance with California Assembly Bill 481. The proposed policy was published on the Yreka Police Department's website on May 2, 2022, at least 30 days prior to this public hearing concerning the military equipment at issue, thereby meeting the requirements of Government Code Section 7071.
Recommended City Council Action: City Council consider public comment and, upon motion, introduce the Ordinance 872, approving and adopting Yreka Police Department's, Military Equipment Use (Lexipol Policy 706) and adding Yreka Municipal Code Chapter Section 9.41 "Military Equipment Use" Attachment A to the proposed ordinance. Following motion, pass the ordinance to a subsequent meeting for the consideration of the ordinance's adoption.
Public Comment: Lorenzo Love made comments on the matter.
City Attorney Henion provided details on various questions posed.
MOTIONED: Smith Freeman
SECONDED: McCoy
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
7. OLD BUSINESS:
City Manager/City Attorney
a. Agenda Title: Call of an election for the electorate to determine whether the Office of City Treasurer should be filled through the appointment of the City Treasurer by the City Council rather than filling it by an election.
Recommended City Council Action: Discussion/Possible Action - Motion to Adopt Resolution No. 2022-24 of the City Council of the City of Yreka, on Its Own Motion, Calling and Giving Notice of the Submission to the Electors of the City of Yreka at the Consolidated General Election to be Held on November 8, 2022, of a Ballot Measure Seeking Approval for the Proposition That the Manner of Filling the Office of City Treasurer of the City of Yreka be Converted to that of Appointment by the City Council Rather Than Through an Election and That the Adoption of this Resolution is Exempt From CEQA.
Public Comment: None.
MOTIONED: Kegg
SECONDED: Smith Freeman
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
Human Resources
b. Agenda Title: Consideration of an Industrial Disability Retirement for Employee Christopher Betts.
Recommended City Council Action: That the City Council Approve Resolution No. 2022- 25 of the Yreka City Council of the City of Yreka Under Government Code Section 21156 Regarding the Disability Retirement Application Filed by Employee Christopher Betts Public Comment: None.
MOTIONED: Baird
SECONDED: Middleton
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
8. NEW BUSINESS:
City Manager/City Attorney
a. Urgency ordinance - Critical Infrastructure
Agenda Title: Urgency Ordinance to add to the Yreka Municipal Code Chapter 9.45 «Use of the Public Rights of Way and Protection of School Children, Bus Stops, Critical Infrastructure, and Wildfire Risk Areas" and Finding the Ordinance Exempt from CEQA The urgency ordinance would ban camping, sitting, sleeping, and storing property on any street or sidewalk that blocks the public right of way by obstructing pedestrian or vehicular traffic. The ordinance has location-specific regulations. Camping is banned within ten feet of any bus stop, driveway, or fire hydrant. Camping is also banned within 250 feet of any youth- serving facility, which means schools, parks, libraries, and day-care facilities. Camping is also banned within 250 feet of any school route or 50 feet from critical infrastructure, both of which will be identified by Resolution. This urgency ordinance requires a 4/5 vote and is being both introduced and for its adoption without a second reading.
Recommended City Council Action: Consider/discuss and move to adopt, as an Urgency Ordinance No. 871, the ordinance entitled: "Use of the Public Rights of Way and Protection of School Children, Bus Stops, Critical Infrastructure, and Wildfire Risk Areas" and finding that the ordinance is exempt from CEQA.
Public Comment: Lorenzo Love, Dawn Marie Autrey, County Supervisor Nancy Ogren (spoke twice), Mark Atwood, Donna Bacigalopi, and Cal Conklin spoke on the topic.
City Attorney Henion provided details on the fine guidelines and spoke to Officers' discretion on the matter.
MOTIONED: Baird
SECONDED: McCoy
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
b. Agenda Title: Critical Infrastructure - Resolution No. 2022 - 26 designating locations of Critical Infrastructure as required by Urgency Ordinance No. 871, "Use of the Public Rights of Way and Protection of School Children, Bus Stops, Critical Infrastructure, and Wildfire Risk Areas"
The City faces significant wildfire risk to critical infrastructure due to its climate, topography, and other relevant factors, which necessitates that the City be able to efficiently and timely respond to emergency situations. City desires to reduce wildfire risk to critical infrastructure and the community by both eliminating a significant potential source of fire risk on or within various specified distances from critical infrastructure and youth related activities, ensuring that such facilities are accessible and able to operate at all times by preventing persons from camping, sleeping or blocking the public right-of-way at particular times and locations at or near youth-serving facilities, bus stops, critical infrastructure and wildfire risk areas for the protection and preservation of health, safety, and welfare of the inhabitants of the City and the continuing productive operation of the City's operations and its economy. As the danger of fire is a significant danger to the public's health and safety it is requested that the ordinance be adopted as an urgency ordinance which will require a 4/5 affirmative vote by the Council.
Recommended City Council Action: Consider/discuss and move to adopt Resolution No. 2022-26 of the City Council of the City of Yreka, California, Designating Specified Locations as Critical Infrastructure for Purposes of Chapter 9.45 of the Municipal Code and Finding the Ordinance Exempt from CEQA as an Urgency Ordinance.
MOTIONED: Baird
SECONDED: Middleton
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
c. Introduction of Ordinance - Critical Infrastructure
Agenda Title: Ordinance to add to the Yreka Municipal Code Chapter 9.45 "Use of the Public Rights of Way and Protection of School Children, Bus Stops, Critical Infrastructure, and Wildfire Risk Areas" and Finding the Ordinance Exempt from CEQA
As a matter of legal process, the City Council is also being requested to adopt the ordinance adding Chapter 9.45 as a non-urgency ordinance. Accordingly, this ordinance is being introduced for first reading and for passing it to the next council meeting for a second reading and for its adoption.
Recommended City Council Action: Consider/discuss and move to introduce Ordinance No. 873 entitled: "Use of the Public Rights of Way and Protection of School Children, Bus Stops, Critical Infrastructure, and Wildfire Risk Areas and Finding the Ordinance Exempt from CEQA" and pass the ordinance to the next Council meeting for a second reading and its possible adoption.
Public Comment: None.
MOTIONED: Kegg
SECONDED: Smith Freeman
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
Finance
d. Agenda Title: Authorize the City Manager to contract with Smith & Newell for Financial Audit Services
Pursuant to a request for proposal issued in April, the Finance Committee met on June 2, 2022, to evaluate the qualified proposals that were received. The Finance Committee is recommending the selection of Smith and Newell for professional Auditing Services.
Recommended City Council Action: Authorize the City Manager to enter into an agreement with Smith & Newell for $33,400, commencing with the fiscal year ending June 30, 2023, and execute related documents for financial audit services.
Public Comment: None
MOTIONED: Smith Freeman
SECONDED: McCoy
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
Finance and Fire
e. Agenda Title: Authorization to engage bond counsel for the Community Development Block Grant (CDBG) Planning Fire Station Development Project pursuant to the City's request for proposal response.
Recommended City Council Action: That the Council Adopt Resolution No. 2022-27 approving a Consultant Agreement with the Law Firm for Bond Counsel services for the Community Development CDBG - Planning Fire Station Development Project Application.
Public Comment: None.
MOTIONED: McCoy
SECONDED: Smith Freeman
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
Fire
f. Agenda Title: California Fire Assistance Agreement - Strike Team Compensation Rates for 2022.
Recommended City Council Action: Resolution No. 2022-28 Approving the Compensation Rates for Members of the Yreka Volunteer Fire Department while on Strike Teams with the State of California Governor's Office of Emergency Services Public Comment: None.
MOTIONED: Middleton
SECONDED: McCoy
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
g. Agenda Title: Establish payments relating to the Yreka Volunteer Fire Departments Pursuant to Ordinance 804
Recommended City Council Action: Adopt Resolution No. 2022-29 of the City Council of the City of Yreka to Establish Payments Relating to Yreka Volunteer Fire Department for Annual Uniform Allowance, Extended Fire Incident Standby Compensation and Recognition of Portal to Portal Pay for CalOES Dispatched Incidents Pursuant to Ordinance 804 Public Comment: None.
MOTIONED: Middleton
SECONDED: Smith Freeman
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
This item was addressed first on the Agenda (deliberated on at 6:52 p.m.) in consideration of the speakers present.
Public Works
h. Agenda Title: Discussion of Greenhorn Park Disc Golf Proposal Recommended City Council Action: That City Council approve the City Manager to enter into the Memorandum of Understanding with Mr. Alford, to include a one-year time frame (extension available by City Manager approval) conditional upon their good faith effort in organizing as recognized non-profit organization. Upon receiving their non-profit designation, an updated Memorandum of Understanding with Greenhorn Disc Golf Club shall be submitted, and any alterations required by the City will to be made at the time of submittal.
Public Works Director Bray provided the report.
Public Comment: Brian Baker, Mr. Alford and one other unidentified person addressed the City Council.
MOTIONED: Smith Freeman
SECONDED: Middleton
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
City Manager
Note the agenda items regarding voting delegates matters for the League of Cities was inadvertently not numbered in the agenda's placement after item "8.c." and moved and relabeled item "8.i.".
i. Agenda Title: Discussion/Possible Action - Appoint Joan Smith Freeman as voting delegate, and Corey Middleton as alternate voting delegate to the 2022 Annual League of California Cities Conference and Expo to be held September 7-9, 2022, in Long Beach, CA.
Recommended City Council Action: That the Council appoint Freeman as a voting delegate, and Middleton as alternate voting delegate to the 2022 Annual League of California Cities Conference and Expo.
Public Comment: Dawn Marie Autrey made comments on the item.
MOTIONED: Baird
SECONDED: Kegg
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None.
ABSTAIN: None.
ABSENT: None.
Mayor Kegg with Council consensus removed the agenda item "Amend the City Council meeting Calendar" from consideration, originally numbered as agenda item "8.i." City Manager
i. Agenda Title: Proposal to Amend the 2022 City Council Meeting Calendar to Reinstate on the meeting calendar the July 5th ', 2022, Regular City Council Meeting.
Recommended City Council Action: That the City Council Adopt a Resolution 2022-30 to Amend the 2022 City Council Meeting Calendar to Reinstate the previously cancelled Regular City Council Meeting of July 5, 2022. (Removed from the City Council agenda).
9. CITY MANAGER/STAFF REPORTS:
City Manager Ledbetter reported out on Council's recent Strategic Planning meeting and other items related to the Planning Department as well as updates on the HVAC replacement project at the Community Theater. He announced that 2023 health rates will increase significantly. Mr.
Ledbetter gave recognition to the City Clerk for her work this evening's comprehensive agenda.
He also mentioned attending a meeting with the County regarding unhoused individuals and County and Community collaboration.
10. COUNCILMEMBER STATEMENTS AND REQUESTS:
Members of the Council made brief announcements, reports, on various meetings/events like Gold Rush Days and others.
11. ADJOURNMENT.
There being no further business before the Council the meeting was adjourned.
Attest:
Phettr th
Minutes approved by Council,
Rhetta Hogan, City Clerk Motion July 19, 2022