Agenda — Yreka City Council, August 16, 2022

YREKA CITY COUNCIL

SPECIAL MEETING AGENDA
August 16, 2022
Closed Session: 5:30PM
Regular Session: 6:30PM
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, but for the cancellation of the meeting on September 6, 2022.

The full agenda packet can be found on the City’s website: www.ci.yreka.ca.us/AgendaCenter

1. CALL TO ORDER:

2. PUBLIC COMMENT ON CLOSED SESSION:

3. 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. Public Employee Performance Evaluation § 54957
Title: City Manager
b. Conference with Labor Negotiator Government Code § 54957.6(a) Agency negotiators: City Manager, Asst. City Manager, Human Resources Director.

Employee Organization: Yreka Police Officers Association c. Conference with Real Property Negotiations (§ 54956.8) Property: California State Route 3 (SR 3)
Third Party Negotiation: California State Department of Transportation (Caltrans) District 2 City Negotiation: City Manager and City Attorney
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). 1 Negotiating Parties: City of Yreka and Caltrans
Under Negotiation: Possible purchases and encroachment agreement including price, terms of payment, or both.
d. Conference with Real Property Negotiations (§ 54956.8) Property: APN 062-031-250 (0.88-acre parcel)
Third Party Negotiation: Nor-Cal Products by Pfeiffer Vacuum City Negotiation: City Manager and City Attorney
Negotiating Parties: City of Yreka and Nor-Cal Products by Pfeiffer Vacuum Under Negotiation: Possible purchase agreement including price, terms of payment, or both.

4. OPTIONAL RECESS IF DESIRED:

5. RETURN TO OPEN SESSION AT 6:30 PM:

Announcement of any action taken by the City Council in Closed Session required by the Ralph M. Brown Act. (Government Code § 54950 et. seq.)

6. CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:

7. 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.

8. PUBLIC COMMENTS:

Public participation is welcomed and invited at all City Council meetings. Time is reserved at each regular meeting for those in the audience who wish to address the City Council. The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.

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. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. • Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker. (Should you need an additional special accommodation, e.g., remote microphone, please notice the City Clerk prior to the start of meeting for arrangements). • 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 five (5) minutes.

Public comments period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.

9. 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.

10. CONSENT AGENDA:

11. PUBLIC HEARINGS:

Public Hearing Protocol:
i. Mayor will describe the purpose of the Public Hearing. ii. City Staff will provide the Staff Report.
iii. City Staff will respond to questions from the City Council. iv. Mayor will open the Public Hearing.
v. Public wanting to comment will come to the podium, provide the City Clerk with their name and address, and provide their comments.
vi. Mayor will close the Public Hearing.
vii. City Council will deliberate and act on the item.

Planning Director/Finance Director
a. Agenda Title: Adopting an Updated Comprehensive Fee Schedule The Finance Director and Planning Director have coordinated to present a comprehensive fee schedule to update the fees charged for services by the City of Yreka and have found that the proposed fees provide a nexus to the cost of services rendered.

Recommended City Council Action: Motion to Adopt a Resolution of the City Council of the City of Yreka Adopting an Updated Comprehensive Fee Schedule and Adopt the Finding that the Project is Statutorily Exempt from CEQA.

12. NEW BUSINESS:

City Manager
b. Agenda Title: Approving a Letter of Support for a County Housing Shelter City Manager Jason Ledbetter and Mayor Duane Kegg County are presenting for City Council’s consideration a Housing Shelter Letter of Support and the City Council’s authorization for Mayor Kegg to speak on behalf of the City Council at the Siskiyou County Board of Supervisors meeting in support of the shelter, as a part of the unhoused solution for chronic homeless and/or mentally challenged individuals.

Recommended City Council Action: Motion to approve the letter of support for a County Housing Shelter and authorizing the Mayor to speak on behalf of the City Council at the Siskiyou County Board of Supervisors meeting in support of a shelter facility.

13. CITY MANAGER/STAFF REPORTS:

City Manager and Staff may make brief announcements or reports at this time. 3 City Manager update on Special Events (like the Night of Lights, Holiday Parade and Gold Rush Days).

14. 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.

15. 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) 841-2386 or by notifying the Clerk at [email protected].

AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA )

COUNTY OF SISKIYOU ) SS

CITY OF YREKA )
I, Rhetta Hogan, Acting City Clerk of the City of Yreka, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Yreka, California, was delivered and/or notice by email not less than 72 hours, before the hour of 5:30 p.m. on August 16, 2022 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.ci.yreka.ca.us and posted at Yreka City Hall, 701 Fourth St., Yreka, California. 4 /s/: Rhetta Hogan

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41 MINUTES OF THE SPECIAL MEETING OF THE YREKA CITY COUNCIL HELD IN SAID CITY ON AUGUST 2, 2022
____________________________________________________________________ On August 2, 2022, the City Council of the City of Yreka, Special Meeting for Closed Session at 5:30 p.m. and Special Meeting at 6:30 p.m., met and upon roll call, the following Councilmembers were present:

Deborah Baird, Joan Smith Freeman (via teleconference), Duane Kegg, Corey Middleton, and Paul McCoy.

1. CALL TO ORDER:

2. PUBLIC COMMENT ON CLOSED SESSION:

3. 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: California State Route 3 (SR 3)
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.

4. OPTIONAL RECESS IF DESIRED:

5. RETURN TO OPEN SESSION AT 6:30 PM:

Announcement of any action taken by the City Council in Closed Session required by the Ralph M. Brown Act. (Government Code § 54950 et. seq.)
Mayor Kegg stated there was no reportable action from the 5:30PM Closed Session meeting.

6. CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:

After the Call to Order, Mayor Kegg announced the need to add an item an urgency item, Resolution on Proclaiming the Existence of Local Emergency because of the McKinney Wildfire. Councilmembers Kegg, Middleton, SmithFreeman, McCoy and Baird agreed to the addition of the item.

7. 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.

Police Chief Gilman spoke to the City Council about the McKinney fire evacuations within City limits.

Chief Gilman explained some of the decisions behind the need to evacuate designated areas. Chief Gilman described mutual aid law enforcement assistance in patrolling the evacuated areas. 42 Fire Chief Lemos spoke about the fire briefing he received on the McKinney fire at the joint command, and impacts of recent rain. Chief Lemos complimented the USFS and CalFire Joint Incident Team command.

8. PUBLIC COMMENTS:

Public comments period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.

9. 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.

10. 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 June 12, 2022, through June 28, 2022. b. Approval/ratification of payments issued from July 11, 2022, through July 24, 2022. c. Approval of Minutes of the regular meeting held July 19, 2022. d. Approval of Minutes of the special meeting held July 25, 2022. e. Accepting the Grant Award for $169,000 with the California State Department of Toxic Substances (Granter) and Authorizing the City Manager to sign necessary documents. f. Award the contract for the On-Call Planning Services to Housing Tools and authorize the City Manager to sign all necessary documentation.
g. Award the contract of On-Call Planning and Environmental Services Contract to Precision Civil Engineering and authorize the City Manager to sign all necessary documentation. h. Award the contract for Grant Writing, Administration, Labor Standards Compliance Services, Project Management and Implementation of Community Development Block Grant Programs and Other State and Federal Grant Programs for the City of Yreka’s Economic Development Grants (non-design and non-construction) to the Siskiyou County Economic Development Council and authorize the City Manager to sign all necessary documentation. 43 i. Authorize the City Manager to sign a Contract for Financial Planning Services for a Fire Services Development Impact Fees Study with Capital Public Finance Group not to exceed $7,500.
j. Continuation of Urgency Ordinance #864: Fireworks.
k. Continuation of Urgency Resolution #2021-51: Remote Public Meetings. l. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.

Mayor Kegg spoke of the need to recuse himself from voting on 10.a. Approval/ratification of payments issued from June 12, 2022, through June 28, 2022, due to a conflict.

Motion to approve the Consent calendar Items 10.b. through 10.l.

MOTIONED: McCoy
SECONDED: Middleton
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None
ABSTAIN: None
ABSENT: None
Motion to approve the Consent calendar Items 10.a
MOTIONED: McCoy
SECONDED: Middleton
AYES: Councilmembers: Baird, Smith Freeman, McCoy, Middleton NAYS: None
ABSTAIN: Kegg
ABSENT: None

11. PUBLIC HEARINGS:

City Manager/City Attorney
a. Agenda Title: PC2022-16 Turre Street Rezoning Application The City Council will consider rezoning the following addresses from Commercial Highway (CH) to Commercial and Professional Office (CPO): 104 Turre St, 106 Turre St, 107 Turre St, 108 Turre St, 109 Turre St, 927 S. Main St, 931 S. Main St, 935 S. Main St, 939 S. Main St, 918 Fourth St, 922 Fourth St, 1011 Fourth St, 180 Rose Ln, 1110 S. Oregon St, and APN’s 061-272-030 & 061- 272-360. The properties are developed as residential houses and commercial buildings. The purpose of the rezoning would be to allow these properties to convert into residential homes through a conditional use permit process or remain as residential homes. The project was evaluated for 44 compliance with the California Environmental Quality Act (CEQA) and a General Rule or “Common Sense” exemption is recommended for the project.

Recommended City Council Action: Motion to Approve City Council Resolution No. 2022-33 of the City Council of the City of Yreka Approving Turre Street Rezoning and Adopt the Finding that the Project is Exempt from The California Environmental Quality Act Motion to approve the 11.a. PC2022-16 Turre Street Rezoning Application.

MOTIONED: Baird
SECONDED: McCoy
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None
ABSTAIN: None
ABSENT: None

12. NEW BUSINESS:

Yreka Rotary/City Manager
a. Agenda Title: Special Event Siskiyou Scenic Bike Route to be held May 5-7, 2023.

The Rotary Club of Yreka would like to hold the Siskiyou Scenic Bicycle Tour on the dates of Friday, May 5, 2023, for overnight camping and the bike ride itself on Saturday, May 6, 2023.

The club is requesting to sell alcohol on Saturday, May 6, 2023, as well as collect fees from riders and sell t-shirts related to the event. Siskiyou Scenic Bike Tour estimates 350- 400 cyclists for 2023 as this event will be featured in an article of Cycle California in the January 2023 edition which is distributed in California, Southern Oregon and Nevada.

Recommended City Council Action: Motion to Adopt Resolution No. 2022-34, Approving Requests Associated with the Special Event Known as the Siskiyou Scenic Bicycle Tour to be held on the dates of Friday, May 5, 2023, Saturday, May 6, 2023, and Sunday, May 7, 2023.

Motion to approve the 12.a. Special Event Siskiyou Scenic Bike Route to be held May 5-7, 2023.

MOTIONED: McCoy
SECONDED: SmithFreeman
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None
ABSTAIN: None
ABSENT: None
b. Agenda Title: Siskiyou Rotary Picnic Table Replacement Project Request for Funds Request of a cash match of $1,000 to finish the Yreka Rotary picnic table replacement project.

Recommended City Council Action: Motion to approve the request from the Rotary Club of Yreka for a $1,000 cash contribution towards the replacement of picnic tables project at Upper Greenhorn Park and an appropriation of funds from the existing parks budget. 45 OR;
Motion to approve the request from the Rotary Club of Yreka for a $1,000 cash contribution towards the replacement of picnic tables project at Upper Greenhorn Park and a supplemental appropriation of funds from General Fund reserves.

Councilmember Baird spoke of contributing $200 personally to the project.

Motion to approve the 12.b. Siskiyou Rotary Picnic Table Replacement Project Request for Funds of a $1,000 cash contribution towards the replacement of picnic tables project at Upper Greenhorn Park and an appropriation of funds from the existing parks budget.

MOTIONED: Kegg
SECONDED: McCoy
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None
ABSTAIN: None
ABSENT: None
Kris Taylor/City Manager
c. Agenda Title: Kris Taylor “Kids Block Party 2022” to be held on September 17, 2022 Kris Taylor, doing business as Art Among Us (AAU), has submitted a request for Council permission to hold the 2022 Kids Block Party. The event is to be held on September 17, 2022, and will result in some temporary closure of Miner, Broadway, and adjacent streets for the one-day event. Ms. Taylor will present and answer questions about the event.

Recommended City Council Action: Motion to adopt Resolution No. 2022-35 Approving Requests Associated with the Special Event known as the Lids Block Party 2022 to be held on September 17, 2022.

Motion to approve Kris Taylor “Kids Block Party 2022” to be held on September 17, 2022 conditional that insurance is provided one week prior to the event and that closing streets does not interfere or impede response for any wildfire events being active.

MOTIONED: Kegg
SECONDED: McCoy
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None
ABSTAIN: None
ABSENT: None
Planning Director/City Manager
d. Agenda Title: Proclaiming the Existence of Local Emergency because of the McKinney Wildfire
The City finds itself at risk from the McKinney wildfire, where conditions of extreme peril and a potentially crippling disaster exist. This disaster could severely impair the safety of persons and property. The McKinney wildfire has resulted in mandatory evacuation zones within City limits and the City has hastened preparations for a subsequent disaster that may or 46 may not occur in the aftermath of the wildfire. Combined, these conditions of extreme peril warrant and necessitate the proclamation of the existence of a Local Emergency.

Recommended City Council Action: Motion to adopt Resolution No. 2022-36 Proclaiming the Existence of a Local Emergency and Ratifying the Director of Civil Defense and Disaster/City Manager’s Declaration of Local Emergency.

Motion to approve the resolution Proclaiming the Existence of Local Emergency because of the McKinney Wildfire
MOTIONED: Baird
SECONDED: Middleton
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None
ABSTAIN: None

13. CITY MANAGER/STAFF REPORTS:

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

City Manager Ledbetter spoke to the fire efforts at the City and Incident Command System partners. Public Works Director, Matt Bray commented on the Public Works response, particularly the Water Divisions efforts to maintain water pressure and keeping the storage tanks at maximum capacity.

14. 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.

Mayor Kegg and City Councilmember each expressed gratitude to staff and the City’s response to McKinney wildfire incident.

Councilmember McCoy expressed thanks to George Jennings and his work with the Fire Safe Council, and complimented various State and Federal Elected Officials in reaching out to support the community in the aftermath of the event.

Councilmember Middleton commended staff and City Manager, expressing thanks to the City Manager in role of relaying updates and communicating with the City Councilmember throughout the event. Councilmember Middleton shared the disappointing news about the cancellation of the County Fair.

Councilmember SmithFreeman commented how complimentary residents have been about job public safety (both police and fire) have performed.

Councilmember Baird reminded residents how important it is to adhere to the evacuation notices.

Mayor Kegg pointed out the extensive work being performed to create fire protection line (barriers) on the westside of town, that will help protect the City for years to come.

15. ADJOURNMENT:

There being no further business before the Council the meeting was adjourned.

Attest:

_______________________
Duane Kegg, Mayor
___________________________ Minutes approved by Council, Rhetta Hogan, City Clerk Motion August 16, 2022
47 CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To:

Prepared By:

Agenda Title:

Meeting date:

Yreka City Council
City Clerk
Discussion/Possible Action: Continuation of Urgency Ordinance 864.

August 16, 2022
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.
48 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.

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.

Yreka City Clerk
49 BUSINESS OF THE COUNCIL OF THE CITY OF YREKA

AGENDA REPORT
For meeting of: August 16, 2022
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.
50 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.
51 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.
52 RESOLUTION NO. 2021- 51
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8 A RESOLUTION OF THE YREKA CITY COUNCIL OF THE CITY OF

YREKA PROCLAIMING A LOCAL EMERGENCY, RATIFYING THE

PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR
NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF
CITY OF YREKA FOR THE PERIOD SUCCESSIVE 30-DAY PERIODS
PURSUANT TO ASSEMBLY BILL 361
9 WHEREAS, the City of Yreka is committed to preserving and nurturing IO public access and participation in meetings of the Yreka City Council; and 11 WHEREAS, all meetings of City of Yreka's legislative bodies are open and 12 public, as required by t.he Ralph M. Brown Act (Cal. Gov. Code§ 54950 13 54963), so that any member of the public may attend, participate, and watch the 14 City's legislative bodies conduct their business; and 15 16 WHEREAS, the Brown Act, Government Code section 54953(e), makes 17 provisions for remote teleconferencing paiiicipation in meetings by members of 18 a legislative body, without compliance with the requirements of Government 19 Code section 54953(b )(3), subject to the existence of certain conditions; and 20 WHEREAS, a required condition is that a state of emergency is declared by the 21 Governor pursuant to Government Code section 8625, proclaiming the existence 22 of conditions of disaster or of extreme peril to the safety of persons and property 23 within the state caused by conditions as described in Government Code section 24 8558;and
25 WHEREAS, a proclamation is made when there is an actual incident, threat of 26 disaster, or extreme peril to the safety of persons and prope1iy within the 27 jurisdictions that are within the City's boundaries, caused by natural, 28 technological, or human-caused disasters; and
29 WHEREAS, it is further required that state or local officials have imposed or 30 recommended measures to promote social distancing, or, the legislative body 53 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 54
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 55
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 56

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
Prepared by: Juliana Lucchesi, AICP, Planning Director & Joshua Stanshaw, Grants & Fiscal Compliance Manager
Agenda Title: IP-2022-01 Fee Schedule Update
Meeting date: August 16, 2022
Suggested Motion:

Motion to approved City Council Resolution 2022-37 A Resolution of the City Council of the City of Yreka Adopting an Updated Comprehensive Fee Schedule and Adopt the Finding that the Project is Statutorily Exempt from CEQA Summary:

City Staff have prepared a Master Fee Schedule for the 2022-2023 Fiscal Year. The Master Fee Schedule is a finance planning document that contains all fees associated with applications and licensing of various uses, lots, and structures within the City Limits of the City of Yreka.

The aim of the proposed fees is to recover at least 80% of the cost for the time that city staff spend on assisting with applications and processing various applications.

Background:

The City of Yreka prepares and charges applicants various fees and deposits for discretionary and policy applications. Fees related to discretionary actions are calculated based on the amount of time that it takes to process the application to completion, properly file and record documentation, issue all necessary public hearing materials, and report to various state agencies depending on the action. Some fees are rounded to eliminate cents.

Administration Fees
Administrative fees are those set for day-to-day items like printing and providing mailing lists for individuals that are applying for other permits such as Alcohol Beverage Control permits or state licensing. The costs below do not include any staff labor. The rates are calculated by the cost to maintain the machinery, ink, and paper:
57 Static Projects
Static Projects are those that are typically ministerial or administrative in nature. A ministerial activity is one that does not require a public hearing or review from the Planning Commission and/or City Council. These types of project application and processing fees do not change much from project to project; therefore, an average time estimate is used to project the cost to the city to process these actions. Static project fees are not reimbursable to the applicant.

Boundary Line Adjustment Fee
A Boundary or Parcel Line Adjustment (BLA or PLA) is a ministerial planning activity where an applicant proposes to combine parcels or adjust the parcel boundaries of multiple parcels. The difference between a BLA and a Subdivision Map is that a BLA must keep the same number of parcels or less than what was originally brought to the Planning Department for review. A Subdivision Map would create new parcels by subdividing the property.

Table 1 lays out the estimated staff time for processing a BLA or PLA and subsequent fee. The estimated staff time is based on PACE Engineering Invoices and logs of city staff time while performing these actions.

Type of Fee or Service Charge Proposed Fee Additional
Information
General Printing, Black and White (8.5" x 11") $ 0.15 per page side General Printing, Color (8.5" x 11") $ 0.25 per page side Large Scale Copies

8.5"x14" $ 0.28 per page side
11"x17" $ 0.45
per page (not available
in double sided)
9" x 12" $ 1.25
per page (not available
in double sided)
12" x 18" $ 1.50
per page (not available
in double sided)
18" x 24" $ 1.80
per page (not available
in double sided)
24" x 36" $ 2.00
per page (not available
in double sided)
Mailing Services $ 0.85 per mailer
Address List for Mailing $ 12.00 per request
Planning Department
Publication and Documents:
58 Encroachment Permit
Encroachment permits are issued through the Public Works Department when a private contractor or other agencies conducts work on city-owned property and/or within city easements and rights-of-way. There are two types of encroachment permit: simple and complex. A simple encroachment permit is a one-time permit for minor work within the city right-of-way like staging bucket trucks for work on street polls without shutting down traffic. A complex encroachment permit involves longer shut down periods of city rights-of-way and more involved projects like utility connections and private installation of road improvements.

Encroachment activities that occur with another application, such as site plan review, conditional use permit, etc., will be estimated and added to the deposit for actual cost. Table 2 outlines the estimated time and cost to the applicant to process and approve a complex encroachment permit.

Temporary Use Permit – Administrative
Temporary Use Permits are administrative permits that allow a use on a property or area of the city for a limited timeframe. These permits are typically granted for temporary living arrangements while residential units are being built, temporary structure for emergency Work Description Staff Member Position Rate*
Actual
Hours/Unit
s
Final Costs
Juliana Lucchesi City Planner $ 72.80 8 $ 582.40
Project Record Keeping/Notary Silvia City Clerk $ 35.00 1 $ 35.00 $ 50.00 1 $ 50.00
Seth Petrie (PACE) City Engineer $ 223.00 8 $ 1,784.00
Jesse Lenaker (PACE) Principal Surveyor $ 223.00 8 $ 1,784.00 Matt Bray Public Works Director $ 101.22 2 $ 202.44
$ 0.28 5 $ 1.40
Finance Administrative Services 5% of Cost $ 221.96
$ 4,661.20
Deposit
Final Costs
Public Works Review and Utilities
Siting
Printing Services General Printing
Table 1. Boundary Line Adjustment Fee Calculation
Project Applicaton Review and
Environmental Review Notice of Exemption
Work Description Staff Member Position Rate*
Actual
Hours/Unit
s
Final Costs
Matt Bray Public Works Director $ 101.22 1 $ 101.22
Ben Miller Public Works Supervisor $ 76.05 3 $ 228.15
$ 0.28 5 $ 1.40
Finance Administrative Services Felicia Sims Planning Fiscal Technician $ 38.17 1 $ 38.17 $ 368.94
Deposit
Final Costs
Public Works Review and Utilities
Siting
Printing Services General Printing
Table 2. Encroachment Permit Fee Calculation
59 response, or special events involving amusement park rides and vendors. Table 3 outlines the cost break-down of the temporary use application fee.

Sign Permit
Sign permits are required for the erection and alteration of all sign types within City Limits.

This permit does not include temporary signs or signs requiring Planning Commission consideration. Planning Commission consideration would follow the Conditional Use Permit costs. The cost break down for sign permits is outlined in Table 4.

Temporary Signs
Temporary sign permits are for the erection of signs that are erected for a limited amount of time for special events or sales throughout town. A temporary sign permit may also include Work Description Staff Member Position Rate* Actual
Hours/Units Final Costs
Juliana Lucchesi Planning Director 72.80$ 5 $ 364.00
Project Record
Keeping/Notary Rhetta City Clerk 84.39$ 1 $ 84.39

50.00$ 1 $ 50.00
Matt Bray Public Works Director 101.22$ 2 $ 202.44
Felicia Sims Planning Fiscal Technician 38.17$ 1 $ 38.17

0.25$ 4 $ 1.00
Mailing Services 0.85$ 1 $ 0.85
Finance
Administrative
Services
5% of Cost $ 37.04
$ 777.89
General Printing
Environmental Notice of Exemption
Project Applicaton
Review and
Reporting
Final Costs
Printing Services
Public Works Review
Onsite Monitoring
Table 3. Temporary Use Permit - Adminsitrative
Work Description Staff Member Position Rate* Estimated
Hours/Units
Actual
Hours/Units
Estimated
Cost Final Costs
Juliana Lucchesi Planning Director 72.80$ 2 $ - $ 145.60 Felicia Sims Planning Fiscal Technician 38.17$ 4 $ - $ 152.68

0.25$ 2 $ - $ 0.50
Mailing Services 0.85$ 1 $ - $ 0.85
Finance
Administrative
Services
5% of Cost $ - $ 14.98
$ 314.61
General Printing
Project Applicaton
Review and
Reporting
Final Costs
Printing Services
Table 4. Sign Permit
60 series of temporary sings for specials like multiple event advertisement banners. Table 5 outlines the cost of temporary sign permit applications.

Livestock Animal License
The City of Yreka requires an annual animal livestock license for animals such as cows, horses, chickens, etc. Table 6 includes a cost break down of the animal livestock permit.

Historic Alterations Permit
The Yreka historic district requires an alterations permit for minor and major alterations to historic buildings. The minor alterations permit is $145.60 which is 2 hours of the Planning Directors time to review and respond to the application. The major alterations permit is the same cost and procedure as a Conditional Use Permit which is mentioned below in the Dynamic Projects section.

Special Events Permit
Work Description Staff Member Position Rate* Estimated
Hours/Units
Actual
Hours/Units
Estimated
Cost Final Costs
Juliana Lucchesi Planning Director 72.80$ 1 $ - $ 72.80 Felicia Sims Planning Fiscal Technician 38.17$ 1 $ - $ 38.17

0.25$ 2 $ - $ 0.50
Mailing Services 0.85$ 1 $ - $ 0.85
Finance
Administrative
Services
5% of Cost $ - $ 5.62
$ 117.94
General Printing
Project Applicaton
Review and
Reporting
Final Costs
Printing Services
Table 5. Temporary Sign Permit
Work Description Staff Member Position Rate* Estimated
Hours/Units
Actual
Hours/Units
Estimated
Cost Final Costs
Juliana Lucchesi Planning Director 72.80$ 2 $ - $ 145.60 Felicia Sims Planning Fiscal Technician 38.17$ 2 $ - $ 76.34

0.25$ 2 $ - $ 0.50
Mailing Services 0.85$ 1 $ - $ 0.85
Finance
Administrative
Services
5% of Cost $ - $ 11.16
$ 234.45
General Printing
Project Applicaton
Review and
Reporting
Final Costs
Printing Services
Table 6. Livestock Animal License
61 A special event in the City of Yreka is also a temporary use permit and will be charged the same as a temporary use permit.

Dynamic Projects
The opposite of static projects, dynamic projects are those that can take more or less staff time and resource depending on the complexity of the project. These projects typically require Planning Commission and/or City Council hearings and noticing. A portion of the project is reimbursable based on how much time and resources are eventually expended when preparing and completing the project review, processing, and approvals. A non-reimbursable portion of the fee is calculated based on the average time city staff take to initially review a project. After initial review, a cost estimate sheet is prepared for the project by city staff. The cost sheet is presented to the Applicant with the required deposit for the project. The Applicant is required to sign-off on the estimate and submit deposit prior to review commencing on the project. The deposit-based system is estimated to recover at least 80% of staff time costs related to private projects. The estimate is not 100% because staff anticipates some applicants not submitting applications after the pre-application meeting and review of the cost estimate sheet.

Initial Review
The City Staff conduct an initial review of all potential applications to identify any issues with a proposed project or property that may lead to additional costs for the developer or property owner as the city processes the application. This initial review includes a pre-application meeting where the applicants and their representative meet directly with City Staff to address project specific questions and review state and local requirements for the specific project. The non-refundable fee is not charge prior to the pre-application meeting but at the time of submission after the meeting. The non-refundable fee of $2,192.42 is broken down in detail in Table 4.

The following application fees would change to the deposit-based system:
• Parcel Map
• Site Plan Review
Work Description Staff Member Position Rate* Estimated
Hours Actual Hours Estimated Cost Final Costs
Matt Bray Public Works Director 101.22$ 4 $ 404.88
Jerry Lemos Fire Chief 92.17$ 2 $ 184.34
James McIntyre Building Official 85.00$ 2 $ 170.00
Juliana Lucchesi Planning Director 72.80$ 6 $ 436.80
City Engineer Review PACE Engineering City Engineer 223.00$ 4 $ 892.00 Finance
Administrative
Services
5% of cost $ 104.40
$ 2,192.42
Finance Department
Table 4. Preliminary Review (Nonrefundable)
Pre-Application
Meeting/Concept
Review
Total Amount Due at Application
62 • Subdivisions
• Annexations
• Conditional Use Permits
• Site Plan Review
• General Plan Amendments
• Specific Plan Creation and Amendments
• Rezoning and Zoning Text Amendments
• Variances
• Major Exterior Alterations in the Historic District
Appeals
Any administrative or discretionary decision of City Staff or the Planning Commission may be appealed by the Applicant or a member of the public. Appeals involve an analysis of the appellant, noticing of the appeal hearing, and production of supporting staff report and administrative record. City Staff recommend charging 15% of the total project cost or a minimum fee of $500. The minimum fee covers city staff and city attorney time to review the appeal and project. The more complex the project, the more staff time is required to assess the appeal and project for legal compliance.

Building Permit Fees
The California Building Code requires building permits to follow a valuation and per fixture fee payment process. Building permit fees do not follow the same Government Code as the other City Departments. Building code fees are calculated one of two ways: consumer price index (CPI) or proportional to the cost of building. Most cities rely on CPI to respond reasonably to economic factors such as recession and inflation. Factor the cost of building permits to the cost of building require a specific nexus analysis to justify the costs and have been found to over inflate building permit fees. City Staff recommend and have prepared the proposed fees based on CPI.

The city has not updated the building permit fees since 2006. The San Francisco CPI from January of each year from 2006 to 2022 was used to calculate the proposed fee increase. The CPI were used as follows:

Year Jan CPI Year Jan CPI
2007 2.9% 2015 5.2%
2008 7.5% 2016 2.5%
2009 0.4% 2017 -0.2%
2010 7.0% 2018 4.1%
2011 -5.0% 2019 3.5%
2012 4.1% 2020 8.0%
2013 0.9% 2021 5.7%
2014 1.5% 2022 2.3%
63 Dogs License Fees
Yreka Police Department Animal Control Unit is responsible for responding to calls for Animal Control services and the impounding of dogs. Animal Control also strives to ensure community safety by preventing rabies transference and dogs running at large. In addition, the Animal Control Unit works to find new homes for the dogs that are adoptable.

The services provided by Animal Control offer both private and public benefits for the city.

Animal Control assists private owners in locating their dogs if dogs stray from private property.

The public also benefits, as the Animal Control Unit maintains community safety by ensuring that stray, and potentially dangerous, dogs are removed from public places. Due to the combination of public and private benefits that the Animal Control Unit provides, the costs of the program are divided between user fees (licensing and shelter fees) and City funds. In the face of rising costs (wages, fuel, and supplies) the City started raising fees in 2008 in an effort to fund at least 50% of Animal Control’s annual costs. The last increase of fees was in 2017.

Current rates for dog licenses are $30/year for altered, and $60/year for unaltered.

Current fees have not kept pace with the rising costs of wages, fuel, and supplies. In Fiscal Year 2021 animal license fees paid only 33% of the costs of the Animal Control Unit. In Fiscal Year 2022 revenues generated from animal license fees covered 42% of the costs, though it should be noted that there was a 13% reduction in overall costs. The proposed fee increase will help defray the increasing costs of the Animal Control Unit.

Proposed Rate Increase:

Year Effective 2023 2024 2025 2026 2027
Altered $40 $42 $46 $48 $50
Un-Altered $80 $84 $88 $96 $100
Environmental Review:

The proposed action has been determined to meet the guidelines for a statutory exemption pursuant to Section 15273(a)(1) “Rates, Tolls, Fares, and Charges” of the State California Environmental Quality Act (CEQA) Guidelines. The establishment, modification, structuring, and approval of rates or other charges by public agencies are exempt from CEQA under this section. The possible adoption of the proposed master fee schedule would not result in a project that would directly or indirectly impact the environment. 64 Finance Committee Review:

The Finance Committee met Monday, July 18, 2022 to discuss the proposed fee changes. The committee recommended to remove the changes to the Special Event Permit until the City can create a special event ordinance. Special Events are currently processed as Temporary Use Permits (YMC 16.45.010) with a reduced application fee of $75.00 per application. The committee recommended investigating the possibility of creating fees that reflect the difference in the size and place of the events.

The committee had no other concerns or recommendations voiced at the Committee meeting.

Staff Recommendation:

City Staff recommend the City Council approve the proposed fee schedule update to increase the recovery of costs associated with private development and application for various permits.

The City Council may lower the proposed fees to subsidize the application but would decrease the cost recovery for the time that city staff spend on application processing and cost of materials.

City Staff recommend the fees presented in the proposed fee schedule to take effect September 1, 2022, and the proposed dog fees take effect based on the schedule below:

Year Effective 2023 2024 2025 2026 2027
Altered $40 $42 $46 $48 $50
Un-Altered $80 $84 $88 $96 $100
Attachments:

1. City Council Resolution 2022-37 - A Resolution of the City Council of the City of Yreka Adopting an Updated Comprehensive Fee Schedule and Adopt the Finding that the Project is Statutorily Exempt from CEQA

2. Proposed Fee Schedule

3. Development Cost Work Form Example

4. Proposed Building Valuation Sheet
65 CITY COUNCIL RESOLUTION NO. 2022-37

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF YREKA ADOPTING AN UPDATED

COMPREHENSIVE FEE SCHEDULE AND ADOPT

THE FINDING THAT THE PROJECT IS STATUTORILY

EXEMPT FROM CEQA
WHEREAS, the City Council of the City of Yreka (the “City”) is empowered to impose reasonable fees, rates, and charges for municipal services. California Government Code Section 66000 et seq. authorizes public agencies to adopt fees for municipal services, provided such fees do not exceed the cost to the agency for providing the services. Periodically, the City of Yreka City Council reviews its fees, rates, and charges to determine whether the fees and charges are reasonably related to the cost of the regulation, services, or product provided; and to ensure that the City collects all costs reasonably borne by the City or, at a minimum, collects a substantial portion of the actual costs of the services and goods provided by the City; and WHEREAS, in connection with such review, the City Staff have developed a cost analysis of the time and rates associated with reviewing, processing, and implementing various services and goods provided by the City and had a sufficient opportunity to test and study whether the fees accurately reflect the costs reasonably borne by the City in providing City regulations, services, and products. Based upon the analysis in the accompanying staff report and its attachments, which are hereby incorporated by this reference, certain fees and charges no longer cover the actual costs of the foods and services provided by the City; and
WHEREAS, based on the analysis of the current fees, rates, and charges, City Staff is now recommending the fees, charges, and rates associated with general printing services, dog licensing, Planning Department services, Public Works services, Fire Department services, and Building Department services and evaluations be adjusted to ensure that the fees, rates, and charges accurately reflect the costs reasonably borne by the City; and WHEREAS, the City Council continues to comply with both the letter and the spirit of the California Constitution and intends to limit the growth of taxes and expenses to the City’s General Fund, by shifting, where possible, the burden of special regulatory programs and services and products to applicants and the recipients of the benefits thereof while ensuring that those shifted costs do not exceed the reasonable cost of providing the program, service, or product; and WHEREAS, the City Council desires to establish policy of recovering the full costs reasonably borne of providing special services and programs of a voluntary and limited nature, and regulatory services deemed necessary to protect the public health, safety, and welfare, such that general taxes are not diverted from general services of a broad nature and thereby utilized to subsidize unfairly and inequitably such special services; and
WHEREAS, notice of public hearing has been given pursuant to Government Code Section 6062a, and the required public hearing was held August 16, 2022. 66 NOW, THEREFORE, BE RESOLVED that the City Council of the City of Yreka hereby finds, resolves, and determines as follows:

Section 1. Adoption and Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated herein.

Section 2. Environmental Exemption. The City Council finds that the adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to a statutory exemption for “Rates, Tolls, Fares, and Charges” pursuant to Section 15273(a)(1) of the State California Environmental Quality Act (CEQA) Guidelines.

Section 3. Findings.

A. The City Council finds that the fees and charges increased pursuant to this Resolution are set at the estimated costs reasonably borne by the City in providing the regulations, services, and products to which each such fee or charge applies and in no case do they exceed the estimated cost of the service.

B. The City further finds that the City conducted an analysis of its services, the costs reasonably borne by the City in providing its services, the beneficiaries of such services, and the revenues produced by those paying fees and charges for such services.

Moreover, the City Staff have reviewed and studied the current fee schedules and comparisons of other regional cities and made certain recommendations as to the fees identified on Attachment 2 to the accompanying staff report. The Report and the Cost Analysis performed by the City Staff are incorporated by this reference. The review and analysis set forth a mechanism to ensure that fees adopted by the City do not exceed the reasonable estimated cost for providing the services for which the fees are charged.

C. After conducting a duly noticed public hearing on August 16, 2022, and satisfying all applicable provisions of California Government Code Sections 66016 and 66018, the City Council hereby determines that the fees, rates, and charges proposed to be increased should cover the costs reasonably borne or a substantial portion of the actual costs of the services provided by the City and that the certain fees, rates, and charges identified on Attachment 2 to the staff report, satisfy this requirement.

Section 4. Adoption of Fees and Charges. Pursuant to applicable provisions of the California Constitution and the California Government Code, the City Council hereby approves and adopts the adjusted fees and charges for regulations, services, and products set forth in the excerpt attached as Attachment 2 to the Staff Report.

Section 5. Attached as Exhibit “A” to this Resolution is the updated “City of Yreka Fee Schedule” which contains: (1) the proposed building valuation fees, plan check fees, building fees, planning department fees, public works fees, dog licensing fees, fire department fees, and city clerk fees; and (2) the existing fees that are not proposed to be changed. Any restatement in Exhibit “A” of existing rates and amounts for previously imposed taxes, fees, and charges is for the purpose of administrative convenience and is not intended, and shall not be construed, as the imposition, extension, or increase of any such tax, fee, or charge. 67 Section 6. Methodology for Calculation and Collection of Fees and Charges. The fees and charges adjusted herein shall continue to be calculated and collected in accordance with the Yreka Municipal Code and otherwise as follows:

A. Each fee and charge adjusted herein is for an identified regulation, service or product; additional fees shall be required for each additional regulation, service or product that is requested or required.

B. Where fees or charges are indicated on a per unit of measurement basis, the fee is for each identified unit or portion thereof within the indicated range of such units.

C. The fees or charges due shall be calculated by the various City department(s), and shall be collected prior to the City’s performance of the services, unless a written agreement is entered into for deferral of such fees, or unless otherwise provided herein.

D. Where a deposit is required for a particular service or project, the applicant shall post and maintain the required deposit prior to the City’s performance.

E. Where contracted personnel (including, without limitation, the City Attorney, Building Official, or outside special services) are utilized, or where requested dedicated contracted personnel are required or provided at an applicant’s request, the actual time spent by that contracted personnel or services, at the rates and on the terms applicable to the services provided, shall be paid by the applicant.

Section 7. Interest for Non-Payment of Invoices. The City Council authorizes staff to impose interest charges on all outstanding invoices from the date that the payment is late to the date that the invoice is paid. The applicable interest shall be the interest rate that the City earns on investments in the Local Agency Investment Fund (LAIF) that is currently then in effect on the date the invoice payment is deemed to be late.

Section 8. Repeal of Conflicting Resolutions. Any and all conflicting provisions of prior Resolutions of the City Council establishing, adjusting, or modifying fees for the services, programs or products set forth in Exhibit “A” are hereby repealed and replaced as of the effective date of the fees set forth in said Exhibit ”A”; provided, however, that such repeal shall not excuse or affect the failure of any person or entity to pay any fee heretofore imposed upon such person or entity.

Section 9. The City Manager, or designee, shall have the authority to interpret the provisions of this Resolution, Attachment 2 of the staff report, and Exhibit “A” for purposes of resolving ambiguities.

Section 10. Effective Date. The fees and charges increased pursuant to this Resolution shall take effect 60 days following the adoption of this Resolution, pursuant to Government Code Sections 66017(a) and 66019(b). The dog licensing renewal fees shall follow the following scheduled increases:
68 Year Effective 2023 2024 2025 2026 2027
Altered $40 $42 $46 $48 $50
Un-Altered $80 $84 $88 $96 $100
Section 11. Low Income Fee Waiver. A Low-Income Fee Waiver is available for citation(s) and fee(s) associated with enforcement of the Critical Infrastructure Ordinance (Y.M.C Chapter 9.45) and dog licensing for eligible Low-Income households. The Community Service Fee Waiver allows eligible Low-Income households to perform community services hours at a governmental or non-profit agency in exchange of payment of fees and citations. The following income levels are eligible for the Low-Income Fee Waiver:

Annual Income Limits
Number of Persons in Household
1 2 or More
$16, 100 $21,775
The Low-Income Fee Waiver requires the follow community service hours for each citation(s) or fee(s):

Type of Fee or Citation Total Community Service Hours Required Dog License: Altered 3
Dog License: Unaltered 6
Critical Infrastructure Citation 8
The total number of community service hours required for the citation(s) and fee(s) shall apply each time a citation or fee is issued or required. Individual are required to provide proof of income level to be eligible for the fee waiver.

Section 12. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Resolution or any part hereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this Resolution or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared invalid or unconstitutional.

Introduced and adopted at a regular meeting of the City Council held 16th day of August 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: __________________________
69 Duane Kegg, Mayor
APPROVED AS TO FORM Attest:
_________________________ _____________________________ Dohn Henion, City Attorney Shella Rhetta Hogan, City Clerk 70 City of Yreka
City Council of the City of Yreka
701 4th Street · Yreka, CA 96097
(530) 841-2386 · [email protected]
August 9, 2022
County of Siskiyou
Board of Supervisors
1312 Fairlane Road
Yreka, CA 96097
Subject: Letter of Support for the County of Siskiyou Proposition 47 Proposal, Project Base Camp Honorable Board Members for the County of Siskiyou,
The City of Yreka would like to express its support for the County of Siskiyou Proposition 47 grant known as Project Base Camp. The City of Yreka is actively seeking solutions to the homelessness crisis by partnering with the County of Siskiyou Health and Human Services Agency. In 2019 the County of Siskiyou held focus groups and community outreach to develop the 10-Year Plan to End Homelessness. The 10-Year Plan highlights the need to develop low-barrier housing options, which is the target population for the Prop 47 grant opportunity.

Siskiyou County residents are three times more likely to have mental health disorders and/or substance use disorders when compared to the State of California. As the County seat, Yreka houses the County of Siskiyou Jail as well as the Health and Human Services Agency which generally leads to an accumulation of the Siskiyou County Homeless population to congregate in the City of Yreka to attain services. The lack of shelter options in Yreka has led to an abundance of homeless individuals setting up encampments within the City of Yreka.

Project Base Camp is a Navigation Center and Shelter that will focus on the homeless population that struggles with mental health issues and/or substance use disorders. While it is imperative that the County of Siskiyou Health and Human Services Agency continues to provide services that address these issues, it is also important for the City of Yreka to have a safe environment for our community members including small businesses that have been affected by individuals that are suffering from homelessness and mental health/substance abuse disorders. Studies have shown that providing housing services can significantly reduce costly emergency services. Project Base Camp will also help lower the consistent fire threat that comes with warming and food preparation fires.

The City Council for the City of Yreka supports the County of Siskiyou Proposition 47 Proposal known as Project Base Camp and will continue to seek solutions with the Siskiyou County Health and Human Services Agency that fit the Continuum of Care model to address homelessness.

Duane Kegg, Mayor
71

Yreka City CouncilAugust 16, 2022

Yreka City Council
August 16, 2022