Yreka City Council
November 15, 2022

YREKA CITY COUNCIL MEETING AGENDA
November 15, 2022
Closed Session: 5:30 PM
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.

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

1. CALL TO ORDER:

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 Labor Negotiator Government Code § 54957.6(a) Agency negotiators: City Manager Ledbetter, Assistant City Manager Hogan, Human Resources Director Elsnab
Employee Organization: Yreka Management Association and Yreka Employees Association

4. OPTIONAL RECESS IF DESIRED:

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

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:

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 of Minutes of the Regular Meeting held November 1, 2022. b. Approval/ratification of payments issued from October 23, 2022, through November 6, 2022. c. Continuation of Urgency Ordinance #864: Fireworks.
d. Continuation of Urgency Resolution #2021-51: Remote Public Meetings. e. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.

Recommended City Council Action (after the Mayor’s request for public comment): Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented. 2

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
a. Agenda Title: Howell-Barnes Tentative Parcel Map: Public Hearing The City of Yreka Planning Department received a tentative parcel map application filed by Ken Barnes.

The proposed tentative parcel map would subdivide one 2.00-acre parcel (Assessor’s Parcel Number 062- 041-400) into three separate parcels. The existing parcel includes two commercial buildings (1829 South Oregon Street and 1833 South Oregon Street) and paved parking area. The property is zoned M-1 Light Industrial and has a General Plan Land Use Designation of General Commercial. The proposed parcels would maintain the current zoning and land use designations.

Recommended City Council Action: Motion to Approve a Resolution 2022-50 of the City Council of the City of Yreka Approving Tentative Parcel Map No. 2022-15 for the Subdivision of a Two Acre Assessor’s Parcel Number 062-041-400 into Three Distinct Parcels with Conditions.

12. NEW BUSINESS :

Police Department
a. Agenda Title: Fundraising Activities for K9 Officer Luna Recommended City Council Action: Motion to of the Yreka City Council to approve the fundraising activities using presented logos and graphics in marketing products to support the Yreka Police Department’s K9 Program
Public Works
b. Agenda Title: Resolutions Authorizing the City to Apply for Grant Funds from the State of California, to Enter into Funding Agreements, and to Designate Representatives to Sign Agreements and any Amendments Thereto for the Following Projects:

1. Wastewater Treatment Plant (WWTP) Improvement Project

2. Yreka Creek Sewer Improvement Project

3. Water Main Replacement Project

4. South Yreka Water Supply and Distribution Improvements Project Recommended City Council Action: Motion to Approve Resolution 2022-46, a Resolution of the City Council of the City of Yreka Authorizing the City to Apply for Grant Funds from the State of California, to enter into a Funding Agreement, and to Designate Representatives to Sign Agreements and any Amendments thereto for the Wastewater Treatment Plant (WWTP) Improvement Project.

Recommended City Council Action: Motion to Approve Resolution 2022-47, a Resolution of the City Council of the City of Yreka Authorizing the City to Apply for Grant Funds from the State of California, 3

to enter into a Funding Agreement, and to Designate Representatives to Sign Agreements and any Amendments thereto for the Yreka Creek Sewer Improvement Project.

Recommended City Council Action: Motion to Approve Resolution 2022-48, a Resolution of the City Council of the City of Yreka Authorizing the City to Apply for Grant Funds from the State of California, to enter into a Funding Agreement, and to Designate Representatives to Sign Agreements and any Amendments thereto for the Water Main Replacement Project.

Recommended City Council Action: Motion to Approve Resolution 2022-49, a Resolution of the City Council of the City of Yreka Authorizing the City to Apply for Grant Funds from the State of California, to enter into a Funding Agreement, and to Designate Representatives to Sign Agreements and any Amendments thereto for the South Yreka Water Supply and Distribution Improvements Project.

Planning Director
c. Agenda Title: City Council Interviews of Applicants to the Planning Commission Seats for Future Mayoral Appointment at a City Council meeting
Five candidates will be interviewed by the City Council for vacant positions on the Planning Commission.

Finance
d. Agenda Title: Fee waiver request of Development Impact Fees for owner’s investment property Owner/investor willingly entered into a fee waiver agreement in April 2017, secured by real property that is delinquent and is now subject to current development fee rates, interest and penalties. Owner is seeking payment relief.

Recommended City Council Action: Discussion and possible action regarding Waiver of Development Impact Fees for Mr. and Mrs. Schmidt investment property.

13. CITY MANAGER/STAFF REPORTS:

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

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 4

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, City Clerk for 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 November 15, 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. /s/: Rhetta Hogan
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MINUTES OF THE YREKA CITY COUNCIL MEETING
HELD ON NOVEMBER 1, 2022
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA On November 1, 2022, the City Council of Yreka, met for a Special meeting at 5:30 p.m. and Regular Meeting at 6:30 p.m. and upon roll call, the following Councilmembers were present: Deborah Baird, Joan Smith Freeman, Duane Kegg, Paul McCoy, and Corey Middleton.

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 Labor Negotiator Government Code § 54957.6(a) Agency negotiators: City Manager Ledbetter, Assistant City Manager Hogan, Human Resources Director Elsnab
Employee Organization: Yreka Police Officers Association, Yreka Employees Association, and Yreka Management Association

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 announced there was no reportable action from Closed Session.

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.

Proclamation – 15th Annual Read Across Siskiyou (RAS) 2022 This item was postponed until the presenter arrived.

8. PUBLIC COMMENTS:

City Manager Ledbetter read a letter by Dawnmarie Autrey.

9. PUBLIC COMMENT FOLLOW-UP:
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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 of Minutes of the Regular Meeting held October 18, 2022. b. Water Permit Extension Environmental Review: Motion to adopt a Class 1 “Existing Facilities” Categorical Exemption pursuant to CEQA §15301 for the Water Permit Extension Project. c. Continuation of Urgency Ordinance #864: Fireworks.
d. Continuation of Urgency Resolution #2021-51: Remote Public Meetings. e. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.

Recommended City Council Action (after the Mayor’s request for public comment): Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.

There was no public comment.

Motion to approve the Consent Calendar as presented.

MOTIONED: Councilmember McCoy
SECONDED: Councilmember Smith Freeman
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, and Middleton NOES: None
City Manager Ledbetter requested agenda item New Business 13.c Payments/disbursements be addressed at this time.

13.c. Agenda Title: Payments/disbursements issued from September 27, through October 23, 2022.

Recommended City Council Action: Approval/ratification of payments issued from September 27, through October 23, 2022.

There was no public comment.

Motion to approve/ratify payments issued from September 27, through October 23, 2022.

MOTIONED: Mayor Pro Tempore Baird
SECONDED: Councilmember Middleton
AYES: Councilmembers: Baird, Smith Freeman, McCoy, and Middleton NOES: None
RECUSED: Mayor Kegg
Michelle O’Gorman arrived to present the proclamation on Annual Read Across Siskiyou County.

Public comment was heard from Steve Radford.

The City Council was supportive of the proclamation.

11.PUBLIC HEARINGS:

Finance Director
a. Agenda Title: Yreka Transfer’s request to the Yreka City Council to approve residential rates for the collection of garbage in the City of Yreka.

Yreka Transfer, as required within their franchise agreement with the City of Yreka, is required to submit requests for residential services increases for approval by the City Council. Yreka Transfer has submitted a request for a rate increase.
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Recommended City Council Action: Motion to Adopt a Resolution 2022-41 of the City Council of the City of Yreka Consenting to an Increase of Residential Rates for the Collection of Garbage in the City of Yreka.

Finance Director Aldrich presented the staff report.

Mayor Kegg opened the Public Hearing
Public comment was heard from Dawnmarie Autrey, Lorenzo Love, and Steve Radford.

Motion to Adopt a Resolution 2022-41 of the City Council of the City of Yreka Consenting to an Increase of Residential Rates for the Collection of Garbage in the City of Yreka.

MOTIONED: Councilmember Middleton
SECONDED: Councilmember McCoy
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, and Middleton NOES: None
b. Agenda Title: Rate Increase for Dog Licensing Fees.

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 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.

Yreka Municipal Code Section Fee or Charge
YMC 8.8.050 - License and Registration
Year Effective 2023 2024 2025 2026 2027
Altered $35 $37 $41 $43 $45
Un-Altered $105 $111 $123 $129 $135
Low-Income Community
Service Hours (hrs)
Altered 3 hrs 3 hrs 4 hrs 4 hrs 4 hrs
Un-Altered 9 hrs 9 hrs 12 hrs 12 hrs 12 hrs
Recommended City Council Action: Motion to Adopt a Resolution 2022-42 of the City Council of the City of Yreka Establishing Fees Relating to Dogs, Pursuant to Ordinance 806, effective December 31, 2022.

Finance Director Aldrich presented the staff report.

Mayor Kegg opened the Public Hearing.

Public comment was heard from Steve Radford.

Motion to Adopt a Resolution 2022-42 of the City Council of the City of Yreka Establishing Fees Relating to Dogs, Pursuant to Ordinance 806, effective December 31, 2022.

MOTIONED: Mayor Kegg
SECONDED: Mayor Pro Tempore Baird
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, and Middleton NOES: None
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12. OLD BUSINESS
City Treasurer
a. Agenda Title: Issuance of Certificates of Participation Series 2022 Wastewater Revenue Certificates The construction of the Main Street Sewer Interceptor Project is now complete, and it is therefore necessary and appropriate for the City to follow through with the long-term “take-out” financing of the Project. The take-out financing is coming from the United States Department of Agriculture (USDA) in the form of Series 2022 Wastewater Revenue Certificates of Participation in an aggregate amount of not to exceed $5,700,000 (the “Certificates”). The Certificates will bear interest at a rate of 1.75% and will be repaid semi-annually over a 40-year fully amortizing term, which equates to annual debt service of approximately $197,000.

Recommended City Council Action: Motion to Adopt:
(1) Resolution 2022-43 Authorize the Issuance of Certificates of Participation Series 2022 Wastewater Revenue Certificates of Participation, Approving and Authorizing and Directing Execution of a Trust Agreement, Installment Sale Agreement, Assignment Agreement and Purchase Offer, and Providing for Other Matters Properly Related Thereto, and (2) Resolution 2022-44 Approving, Authorizing and Directing Approving and Adopting USDA RUS Bulletin 1780-27 Loan Resolution Providing for the Incurrence of Indebtedness for the Purpose of Providing a Portion of the Cost of Acquiring, Constructing, Enlarging, Improving and/or Extending the Main Street Sewer Interceptor Improvement Project Assistant City Manager Hogan and Cameron Weist presented the report.

Public comment was received from Steven Radford.

Motion to approve Resolution 2022-43 Authorize the Issuance of Certificates of Participation Series 2022 Wastewater Revenue Certificates of Participation, Approving and Authorizing and Directing Execution of a Trust Agreement, Installment Sale Agreement, Assignment Agreement and Purchase Offer, and Providing for Other Matters Properly Related Thereto
MOTIONED: Councilmember McCoy
SECONDED: Mayor Pro Tempore Baird
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, and Middleton NOES: None
Motion to approve Resolution 2022-44 Approving, Authorizing and Directing Approving and Adopting USDA RUS Bulletin 1780-27 Loan Resolution Providing for the Incurrence of Indebtedness for the Purpose of Providing a Portion of the Cost of Acquiring, Constructing, Enlarging, Improving and/or Extending the Main Street Sewer Interceptor Improvement Project
MOTIONED: Mayor Pro Tempore Baird
SECONDED: Councilmember Smith Freeman
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, and Middleton NOES: None

13. NEW BUSINESS:

City Manager/Fire Chief
a. Agenda Title: Purchase of a Class 6 Fire Apparatus
The Finance Committee met on Thursday, October 27, 2022, and evaluated the business needs and benefits of having this type of apparatus available for initial “quick strike attack, QTAC”. The committee unanimously recommended bringing this to the City Council for consideration. The committee recommends appropriating $275,000 from Fire Equipment reserves (mutual aid strike team equipment reserves) and Measure H funds for the purchase. 9

Recommended City Council Action: Motion to Approve Resolution 2022-45 Approving and Authorizing Acquisition of Equipment and Execution of all necessary documents for the Acquiring of Equipment for the Yreka Volunteer Fire Department.

Chief Lemos presented the report.

There was no public comment.

Motion to Approve Resolution 2022-45 Approving and Authorizing Acquisition of Equipment and Execution of all necessary documents for the Acquiring of Equipment for the Yreka Volunteer Fire Department.

MOTIONED: Councilmember Smith Freeman
SECONDED: Councilmember McCoy
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, and Middleton NOES: None
City Manager/Siskiyou County
b. Agenda Title: Syringe Exchange Program Kiosks
Recommended City Council Action: Discussion and possible direction of Syringe Exchange Program Kiosks in the City.

City Manager Ledbetter presented the item.

Public comment was heard from Jan Osborn (letter read by City Manager Ledbetter), Dawnmarie Autrey (letter read by City Manager Ledbetter), Louis Gliatto, Mark Atwood, Lorenzo Love, and Steve Radford.

Nancy Ogren was asked to comment on behalf of the County’s program.

The City Attorney mentioned that Oroville adopted its no needle ordinance in 2020.

Direction was given to City Manager Ledbetter to 1) follow up on Oroville/Butte Ordinance effectiveness, and 2) direction that City has no problem with County Health having a kiosk on their own property. City Attorney will bring point list of considerations for an ordinance in future discussion.

This item was addressed earlier in the meeting.

Finance
c. Agenda Title: Payments/disbursements issued from September 27, through October 23, 2022.

Recommended City Council Action: Approval/ratification of payments issued from September 27, through October 23, 2022.

14. CITY MANAGER/STAFF REPORTS:

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

City Manager Ledbetter explained that Siskiyou Family Resource Center is not a warming center option. He also reiterated that he will be working on City owned facility options as per prior Council direction.

15. 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.

Council expressed concern for traffic control and markings for lane changes under freeway at Moonlit Oaks.

City Manager Ledbetter will call CalTrans to share the concern. 10

16. ADJOURNMENT:

There being no more business the City Council meeting adjourned at 9:07 p.m. ____________________
Duane Kegg, Mayor
Minutes approved by City Council,
Motion November 15, 2022
______________________
Rhetta Hogan, City Clerk
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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.

November 15, 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.
49 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
50 BUSINESS OF THE COUNCIL OF THE CITY OF YREKA

AGENDA REPORT
For meeting of: November 15, 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.
51 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.
52 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.
53 RESOLUTION NO. 2021- 51
2 3
4 5
6 7
8 A RESOLUTION OF THE YREKA CITY COUNCIL OF THE CITY OF

YREKA PROCLAIMING A LOCAL EMERGENCY, RATIFYING THE

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

TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF
CITY OF YREKA FOR THE PERIOD SUCCESSIVE 30-DAY PERIODS
PURSUANT TO ASSEMBLY BILL 361
9 WHEREAS, the City of Yreka is committed to preserving and nurturing IO public access and participation in meetings of the Yreka City Council; and 11 WHEREAS, all meetings of City of Yreka's legislative bodies are open and 12 public, as required by t.he Ralph M. Brown Act (Cal. Gov. Code§ 54950 13 54963), so that any member of the public may attend, participate, and watch the 14 City's legislative bodies conduct their business; and 15 16 WHEREAS, the Brown Act, Government Code section 54953(e), makes 17 provisions for remote teleconferencing paiiicipation in meetings by members of 18 a legislative body, without compliance with the requirements of Government 19 Code section 54953(b )(3), subject to the existence of certain conditions; and 20 WHEREAS, a required condition is that a state of emergency is declared by the 21 Governor pursuant to Government Code section 8625, proclaiming the existence 22 of conditions of disaster or of extreme peril to the safety of persons and property 23 within the state caused by conditions as described in Government Code section 24 8558;and
25 WHEREAS, a proclamation is made when there is an actual incident, threat of 26 disaster, or extreme peril to the safety of persons and prope1iy within the 27 jurisdictions that are within the City's boundaries, caused by natural, 28 technological, or human-caused disasters; and
29 WHEREAS, it is further required that state or local officials have imposed or 30 recommended measures to promote social distancing, or, the legislative body 54 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 55
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 56
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 57

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
Prepared by: Juliana Lucchesi, Planning Director
Agenda Title: 11.a. 2022-15 Howell Barnes Tentative Parcel Map: Public Hearing
Meeting date: November 15, 2022
Recommended Action:

1. Open Public Hearing, take public comment, and Close Public Hearing

2. Move to City Council Resolution 2022-50 “A Resolution of the City Council of the City of Yreka Approving Tentative Parcel Map No. 2022- 15 for the Subdivision of a Two Acre Assessor’s Parcel Number 062-041- 400 into Three Distinct Parcels with Conditions”
Summary:

The City of Yreka Planning Department received a tentative parcel map application filed by Ken Barnes. The proposed tentative parcel map would subdivide one 2.00-acre parcel (Assessor’s Parcel Number 062-041-400) into three separate parcels. The existing parcel includes two commercial buildings (1829 South Oregon Street and 1833 South Oregon Street) and paved parking area. The property is zoned M-1 Light Industrial and has a General Plan Land Use Designation of General Commercial. The proposed parcels would maintain the current zoning and land use designations.

Planning Commission held a duly notice public hearing October 26, 2022 and approved attached Resolution 2022-06 recommending approval of the tentative parcel map and adopting a Class 15 Notice of Exemption under CEQA.

Project Location:

The proposed tentative parcel map would subdivide Assessor’s Parcel Number 062-041-400 that includes two existing buildings. The two buildings are 1829 South Oregon Street and 1833 South Oregon Street. The proposed third parcel does not have a structure or situs address assigned yet. A vicinity map is included in Attachment 3.
58 Surrounding Conditions and Uses:

The surrounding properties have a General Plan Land Use Designation of General Commercial. The property to the north is zoned M1 Light Industrial and is used as a veterinary hospital. The property to the south is zoned M1 Light Industrial and is used as a storage yard for the Aftermarket Parts Supply LLC on Lucas Road. The property to the west is zoned M1 Light Industrial and used as a garden supply store and mechanical supply store in separate buildings. The property to the east is zoned Commercial Highway and used as the Yreka Honda dealership. All surrounding lots are developed consistent with the project uses and development.

General Plan & City Code Consistency:

The proposed subdivision would not change the General Plan Land Use Designation or Zoning Code Designation; therefore, the proposed new parcels map would conform to the lot standards of the M1 Light Industrial Zone:

16.40.030 - Density/intensity.

A. Minimum parcel size: Seven thousand square feet.

B. Maximum coverage: Seventy-five percent.

16.40.040 - Site development standards.

A. Setbacks, minimum:

1. Front: Twenty feet.

2. Rear: Ten feet.

3. Side: Ten feet.

B. Building:

1. Maximum height: Forty-five feet unless a conditional use permit is obtained.

C. Lot Dimensions (minimum)

1. Width: Seventy (70) feet.

2. Depth: Seventy-five (75) feet.

D. Parking:

1. See Parking requirement, Chapter 16.54.
59 The resulting three parcels of the proposed project would be in conformance with the General Plan and Zoning Code with the inclusion of conditions 8 and 9 of the proposed Conditions of Approval (Attachment 3) to ensure that the parking requirements are met for all of the parcels.

Environmental Review:

Pursuant to the California Environmental Quality Act (CEQA) and the local CEQA Guidelines of the City of Yreka, this project will not have a significant effect on the environment and is listed as a Class 15 “Minor Land Division” Categorical Exemption pursuant to Section 15315 of the CEQA Guidelines. Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning. A Notice of Categorical Exemption Class 15 was adopted at the October 26, 2022, Planning Commission meeting.

Findings:

Chapter 15.20 of the Yreka Municipal Code outlines the procedure and findings for approving a tentative parcel map. The City Council may approval a tentative parcel map pursuant Section 15.20.090 if the proposed tentative parcel map complies with the requirements of Title 15 “Subdivisions” of the Yreka Municipal Code, the Subdivision Map Act, and the zoning code (Title 16).

Review by Public & Outside Agencies:

The City is required by the California Government Code to consult with local agencies that may wish to make recommendations on a proposed subdivision.

Pursuant to California Government Code Sections 66453 to 66455.9, a 15-day notice was sent to the following agencies:
• Siskiyou County Assessor’s Office
• Siskiyou County Tax Collector
• Siskiyou County Air Pollution Control District
• Cal Fire
• Caltrans
• California Department of Fish and Wildlife
• Yreka Union School District
The city received comments and recommendations for conditions of approval from four agencies. The recommendations have been incorporated with the affiliated agency noted in italics. Many of the recommendations are already required by law but have been added to ensure compliance at the time of any development.
60 The city duly noticed the public hearing to meet Government Code Sections 65090 and 65091. These sections require the posting of a public notice in the Siskiyou Daily news, affixing a copy of the notice to the Council Chambers Building, and mailing the notice to all property owners a minimum of 10-days prior to the public hearing. The city did not receive any public comment prior to and at the Planning Commission meeting October 26, 2022.

A second notice was sent for the November 15, 2022, City Council meeting Government Code Sections 65090 and 65091. The city has not received any public comment regarding this project to date.

Planning Commission Consideration:

The Planning Commission at a Special meeting held October 26, 2022, held a duly noticed public hearing for the Tentative Parcel Map. There was no public comment prior to or at the meeting. There was no discussion on the proposed project, and the Commission approved Attachment 4 in a 4-0-1 vote with Chair Osborn absent.

Staff Recommendation:

City Staff recommend the City Council approve Resolution 2022-__ with the conditions outlined in Attachment 3. Resolution 2022-__ includes the necessary findings of approval to grant the tentative parcel map.

Based on the information presented in the tentative parcel map and application, the findings for approval can be made with the proposed conditions. Many of the conditions of approval are codified state law and reiterated in the conditions of approval to ensure compliance with the City’s Subdivision regulations and the state Subdivision Map Act.

Attachments:

1. City Council Resolution 2022-50 “A Resolution of the City Council of the City of Yreka Approving Tentative Parcel Map No. 2022-15 for the Subdivision of a Two Acre Assessor’s Parcel Number 062-041-400 into Three Distinct Parcels with Conditions”

2. 2022-15 Howell Barnes Tentative Parcel Map Application

3. 2022-15 Howell Barnes Tentative Parcel Map Proposed Conditions of Approval and Map

4. Planning Commission Resolution 2022-06 “A Resolution of the Planning Commission of the City of Yreka Recommending Approval for Tentative Parcel Map No. 2022-15 for the Subdivision of the Two Acre Assessor’s Parcel Number 062-041-400 into Three Distinct Parcels with Conditions and 61 Adoption of a Class 15 Categorical Exemption from the California Environmental Quality Act.”
62 5?] Tentativ~ Parcel Map - {4 or le~:,~~~~~~~ p~:,~~-~~~;,~~~~:~~~?,N Q ~) //Pt,'l 0 E.R.-Pr~lim1nary review ............... _. .......... : ............................... $ 50.00 . i\ / @; ! Tentative Parcel Map Check - City Engineer ..................... $300.00 deposit/cost Public He~ring .... :······;·········_-·· ................. : ........................ $ 85.00 (minimum fee) deposit against actual cost P.H. - Pro1ect notice c1rculat1on, 1-20 notices .................... $ 25.00 0 P.H. - 21 or more notices ....................................................... $ 25.00 plus 1.00/parcel over 20 0 E.R.-Negative Declaration ..................................................... $200.00 deposit/cost 0 E.R.-Mitigated Negative Declaration ..................................... Actual cost 0 Environmental Impact Report... ............................................. Actual cost 0 Parkland In-Lieu Fee (residential) ........................................ $ _ ____ _ 0 Time Extensions ....................................................................... $ 60.00 D Appeals to City Council $150 plus cost of publication (minimum fee $75.00) Prior to the Planning Commission Meeting - Applicate must submit a separate check payable to the Siskiyou County Clerk to cover: STATE FISH AND WILDLIFE FEES - current fee* see below ~ County Processing Fee* ...... $ 50.00 actual cost ~ Fish & Wildlife Fee* $ _____ _ 0 Other$ ____ _ DATE:.Aprr / ll 1 Z o -i- 2-
APPLICANT: J(e,,, &,en e.. .$
ASSESSOR'S PARCEL NUMBER: 0 6 Z-,... <!) 4- I ,.... 4=0 0 TELEPHONE NUMBER: 5 3 ,> - J' 4 o __, 5" $ S 9---
APPLICANT ADDRESS: C/ 0 .5- fuv ,;-£ __[.j.,

IF OTHER THAN APPLICANT,
NAME OF PROPERTY OWNER-: ,>v;,v('7<'•,,-: ·7e. -r:7 Lu cc7 Su .v v-<"1'" ,.-
PROPERTY OWNER ADDRESS: /J. 0 . (Jc ·r I £ / Jflv --J T:;) 1 .-e,_ , GA PROJECT LOCATION: /8 Z 9 ,// 8 { ? _( 0..---e:J o .-, S' --1-, DESCRIPTION OF PROPOSED PROJECT: l e re.. ~ I rv1' a ·±o reJ· v' J.+ ~1 I agree to abide by all of the ordinances of the City of Yreka, state law, and federal law; and I authorize city representatives to enter upon the above mentioned property for inspection purposes, and to record any notice of code violation pursuant to Y.M.C. Ch.

11.40 and/or Ch. 16.08 with the office of the Siskiyou County Recorder.

I certify that I have read this application and state that the above information is correct. I agree to comply with any terms or conditions of any entitlement issued or permitted by the City pursuant to this application. * In the event the project's effect on natural resources or wildlife is other than negligible, State Fish and Wildlife requires an additional fee of $3,343.25 if an Environmental Impact Report is prepared or $2,406.75 for a Negative Declaration. These fees are subject to change and the applicant is responsible for payment of the fees in full. If required, the permit cannot be issued until such time as the fee is paid. A project that is Statutorily or Categorically exempt requires no further fees.

APPLICANT SIGNATURE: ¥r ) ~ .> -t s-- ~ 1....1._._ PROPERTY OWNER'S SIGNATURE: (REQUIRED) ~ ·--)-- Acknowledgement of application submittal
After Tentative Parcel Map (4 or less lots) has been approved by the Planning Commission, the following deposit/against cost will be due upon submittal of the Final Map to the Director of Public Works for fina I approval.
• Final Parcel Map Check Fee .... ,. $750.00 deposit/against cost .

FOR OFFICE USE ONLY
PERMIT NUMBER: I DA TE APPLICATION RECEIVED: I APPLICATION RECEIVED BY: I FEES RECEIVED: \ '-.\ \ O, 90 ZONE: I GENERAL PLAN DESIGNATION: I !.:\plannhlgde-partmeot\forms\parcel m,1ps\rir.ir<-el m;1p applicatlo11 only updated 2020.<lou 63

CITYOTYREKA
Environmental Information Form
Ult:llill:J
City of Yreka
Planning Department
701 Fourth Street
Yreka, CA 96097
This document will assist the City in evaluating the proposed project's potential environmental impacts.

Complete and accurate information will facilitate the environmental assessment process, and will minimize future requests for additional information.

APPLICANT'S STATEMENT OF INTENT (Describe the proposed project):

File a parcel map to result in three parcels
PROPERTY OWNER'S NAME: Howell-Barnes Properties, Inc.

Mailing Address: _9_0_5~S_o_u_t-b~S-t_r_e_e~t ________________ _ _ Y_r_ek_a~C_A ___________ Zip Code:--=9=6=09'--'-7 __ _ Telephone: Business: ( 530) 340-5354 Home: (
APPLICANT'S/AGENT'S NAME: __ T_er_ry_C_u_r_ry_L_a_nd_ s_u_rv_e_y_in_g ______________ _ Mailing Address: P.O. Box 151
__ M_o_nt_ag_u_e_, C_A __________ Zip Code: 96064
Telephone: Business: (530) 842-
9900 Home: (
Contact Person's Name: Terry Curry Phone: ______ _ _
SUBDIVISION NAME OR PROPOSED COMMON NAME FOR PROJECT:

PARCEL MAP FOR HOWELL-BARNES PROPERTIES
PROJECT SITE INFORMATION (Attach legal description):

Property Address or Location: _ 1_8_29_t_1 B_3_3_s_. _o_re....;;; g_on_ s_t_re_et _______________ _ Property Assessor Parcel Number(s): -=06=2,....,-0 .... 4'--'- 1-_,4..._00~------------------ Property Dimensions: __ 2_oo_'_x_4_20_' ______________________ _ Property Area: Square footage (gross) __ 87_1_2_0 ___ _ (net) _________ _ Acreage (gross) _ 2_·
0_0 ______ _ {net) _________ _
Site Land Use (check one and explain): D Undeveloped or Vacant GJ Developed The property is developed with two commercial strucures and paved parking area.

Existing Zoning of Project Site: ___,_, M~-1.,__ ______ _ -1-
64 DESCRIBE ADJACENT ZONING AND LAND USE WITHIN 300 FEET OF PROJECT SITE:

North M-1
South M-1
East CH
West M-1
Zone Existing Land Use (i.e., residential, commercial, industrial, office) Commercial
Commercial
Commercial
Commercial
PROPOSED BUILDING($) CHARACTERISTICS (if applicable)
Size of New Structure(s) or Building Addition(s): _ _ N_IA___________ Gross Sq. Ft.

Building Height (Measured from Ground to Highest Point): _______ ft. No. of Floors:. __ _ Height of other Appurtenances (Excluding Buildings) Measured from Ground to Highest Point (e.g., Antennas, Microwave Equipment, Solar Energy Equipment, Light Pole Standards, etc.):

Project Site Coverage: Building Coverage: sq. ft. %
Landscaped Area: sq. ft. %
Paved Surfaced Area: sq. ft. %
Total: sq. ft. %
Exterior Building Materials: _______________ ___________ _ Exterior Building Colors: ___________________________ _ Tota1 No. ci Off-Street Parking Spaces: On-Site Required: __ On-Site Proposed: __ Proposed Off-Site Parking: Include a Permanent Maintenance Management Plan.

Total No. of Bicycle Spaces: Proposed: ____ Required:

Covered: ____ Uncovered:

If applicable, describe the Type of Exterior Lighting Proposed for the Project (height, intensity):

Building Lighting: _____________________________ _
Parking Lighting: _______ _____________________ _
If the proposal is a component of an overall larger project, describe the phases and show them on the site plan:

Does this site include signage? D Yes D No If yes, please explain the following; Height: _____________ _ Illumination: _ _ _________ _
Area: _ _ ____________ _ Type: _____________ _
Dimensions: ____________ _ Colors/Materials: _________ _ Location (on-/off-site): _________________________ _
-2-
65 SITE CHARACTERISTICS
Are there any natural or man-made drainage channels through or adjacent to the project site? D Yes ~ No If yes, show on site plan and explain: _____________ _ Are there any trees or shrubs on the project site? GJ Yes D No If yes, plot on site plan by size and type and indicate which are proposed for removal.

Are there any structures on the project site? El Yes 0 No If yes, plot on the site plan and explain the following:

Present use of existing structure(s ): ___: C...:. o ...:. mc..:. m...:. e .:....: rc:..c:ia"'-1 ...:. O __ ffi1ce :..:.c:.....:;. S .c. pa:..c:c...:. e ______________ _ Proposed use of existing structure(s): --'-N""'/A'-'---------------------- Are any structures occupied? ___ N_o ______________________ _ Are any structures to be demolished? __ N_o ____________________ _ Describe age, condition, size and architectural style of all existing on-site structures (Include photos):

Both structures are 20-25 years old, sinle story slab on grade construction in good condition. 1829 S. Oregon is about 9000 sq. ft. 1833 S. Oregon is about 3000 sq. ft.

RESIDENTIAL PROJECTS ONLY
Total Lots: _____ _ Total Dwelling Units: _____ _ Total Acreage: ____ _ Net Density/Acre: ______ _
Number of Units:

Acreage:

Sq. Ft. per Unit:

For Sale or Rent:

Type of Unit:

Studio:

One-Bedroom:

Two-Bedroom:

Three-Bedroom:

Four-Bedroom:

Usable Open Space/Unit:

Private:

Common:

Total:

SingleFamily
Gross Density/Acre: ______ _
Two-Family Multi-Family
Duo lex (Apartments)
-3-
66 RETAIL, COMMERCIAL, INDUSTRIAL, INSTITUTIONAL, OR OTHER PROJECT (If project is only residential, do not answer this section.) Type{s) of Use(s): Commercial Office Space
Oriented to: Regional: ______ _ City: _ Y_r_ek_a __ _ Neighborhood: _____ _ Hours of Operation: 8:00 am - 5:00 pm Monday through Friday Total Occupancy/Capacity of Building(s): ___________________ _ _ Total Number of Fixed Seats: ___________________ ______ _ Square Footage of: Warehouse Area:. _________ _
Office Area: about 12000 sq. feet total Loading Area: _ __________ _ Sales Area:. ___________ _ Storage Area:. ___________ _ Total Number of Employees:. _________________________ _ Anticipated Number of Employees per Shift:. ____________________ _ Total Number of Visitors/Customers On Site at any One Time: ___ ___________ _ Other Occupants (specify): _________________________ _

PREVIOUS ENVIRONMENTAL DOCUMENTS
If this project is part of any other project for which a Negative Declaration or Environmental Impact Report has been prepared, reference the document below (include date and case number, if applicable).

NIA

OTHER PERMITS OR APPROVALS
List any and all other public approvals required for this project. Specify type of permits or approval, agency/department, address, person to contact, and her/his telephone number.

Permit or Approval
N/A
Agency Address Contact Person Phone No.

As the applicant for this proposal, I hereby state that, to the best of my knowledge, the above answers and statements are true and complete.

April 8, 2022
Signature of AppllcanVAgent Date
Terry Curry 530-842-9900
Print Name and Title of Applicant/Agent Phone No.
-4-
67 CITY OF YREKA CITY COUNCIL RESOLUTION 2022-50

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF YREKA APPROVING TENTATIVE PARCEL
MAP NO. 2022-15 FOR THE SUBDIVISION OF THE
TWO ACRE ASSESSOR’S PARCEL NUMBER 062-041-
400 INTO THREE DISTINCT PARCELS WITH

CONDITIONS
WHEREAS, Ken Barnes, Applicant, has filed an application for Tentative Parcel Map No. 2022- 15 to allow the subdivision of a two-acre parcel of land into three distinct parcels for the purposes of separating the existing two buildings and creating a new vacant parcel located on Assessor’s Parcel Number 062-041-400 on South Oregon Street near Greenhorn Reservoir; and, WHEREAS, the City has processed said application pursuant to the City’s subdivision regulations in Title 15, the Subdivision Map Act, and the California Environmental Quality Act of 1970 as amended; and
WHEREAS, on or before October 12, 2022 the City gave public notice as required under Government Code Section 66451.3 by mailing notices to property owners within at least 300 feet of the project; and
WHEREAS, the Planning Commission held a duly noticed public hearing as per Sections 65090 and 65091 of the California Government Code to accept public comments and to review and consider the application on Wednesday, October 26, 2022; and WHEREAS, the proposed project was evaluated for compliance with the California Environmental Quality Act (“CEQA”) and found to be exempt pursuant a Class 15 “Minor Land Division” Categorical Exemption pursuant to Section 15315 of the CEQA Guidelines; WHEREAS, the Planning Commission voted 4-0-1 to recommend approval of the proposed tentative parcel map with conditions and adopted the Class 15 Categorical Exemption pursuant to Section 15315 of the CEQA Guidelines;
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Yreka does hereby determine the following:

Section 1. The factual data submitted by the Planning Department of the City of Yreka in the staff report dated November 15, 2022 are true and correct.

Section 2. The City Council finds that based upon the entire record, pursuant to Section 15.20.090 of the Yreka Municipal Code, all of the following findings can be made subject to the conditions of approval listed in Section 4:
a. The tentative parcel map is consistent with Title 15 of the Yreka Municipal Code (“Subdivision”)
b. The tentative parcel map is consistent with the Subdivision Map Act 68 c. The tentative parcel map is consistent with Title 16 of the Yreka Municipal Code (“Zoning”)
Section 4. The City Council adopts the proposed project subject to the following conditions:

1. The Howell-Barnes Tentative Parcel Map shall be in substantial conformance to Exhibit B, dated September 1, 2022, on file with the Planning Department, except as modified by these conditions. Minor changes to the plans may be allowed subject to the approval of the Planning Director and City Engineer.

2. The expiration date for the Tentative Map shall be two years from the date of City Council approval of the Tentative Parcel Map.

3. Planning Department approval is required before any changes are implemented in the design, grading, drainage, and all other features of the subdivision map.

4. The Final Parcel Map plan check package will be accepted for submittal only after completion of the 15-day appeal period from the date of the City Council resolution unless approval is overturned on appeal or that the design is significantly changes as a result of the appeal.

5. To the extent permitted by law, the project applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City, its City Council, its officers, boards, commissions, employees, and agents form and against any claim (including claims for attorney fees), action or proceedings bought by a third party against the indemnified parties and the project applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorney fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice.

6. A final map shall be required to subdivide the property into three parcels as presented in Exhibit B.

7. The project applicant shall create and record all noted easements in Exhibit B for underground electric, ingress, and egress with the final parcel map.

8. In addition to the noted easements, a reciprocal easement for parking is required between Parcel A and Parcel B, since Parcel A has no accessible parking onsite.

9. At the time of sale or redevelopment for any reason, the number of accessible parking stalls shall be maintained at a minimum on Parcel B.

10. Prior to approval of the final parcel map, the applicant shall comply with all applicable conditions of outside agencies having jurisdiction.

11. Upon development of Parcel C, the installation of and connection to City Water, Sewer, and Storm Drains, as determined by the Public Works Director, is required.

12. Prior to the first plan check, the applicant’s engineer/surveyor shall submit a preliminary copy of the Final Map along with a preliminary copy of the title report and a copy of the adjoining deeds and/or recorded maps to the City. The City will forward these documents to its consultant who will estimate the cost for examining the map and certifying that the map is technically correct and in accordance with Section 66442 of the California Subdivision Map Act. After the consultant has provided a cost estimate, the applicant’s engineer/surveyor may submit the first plan check along with a deposit for these costs along 69 with all other standard plan check fees. Any unused portion of the estimate will be returned to the applicant after the map is recorded. Similarly, if the applicant withdraws their application in writing prior to the consultant having performed the work, any unused portion of the deposit will be returned to the applicant. Conversely, should consultant’s estimate be insufficient to cover all of the consultant’s time, the applicant will be required to pay the City the difference between the estimate and the actual cost prior to submittal of the map for the City Engineer’s approval.

13. At the time applicant submits the fee for the consultant map review, the applicant shall also submit the following information to the City Engineer and City Surveyor for review and approval:
a. Two prints of the final tract map
b. One copy of the preliminary title report completed within the last six months c. One set of the computer closures
d. One legible copy of the latest recorded deed for the property being subdivided e. One legible copy of the recorded deeds for each of the adjacent properties unless those properties are part of a recorded map which has been recorded within the last seven years; and
f. One legible copy of the Recorded Final Map, Parcel Map, or Record of Survey used to prepare this Final Map.

14. The applicant’s title company shall record the final map, any grant deeds or easements, and any other required documents concurrently with the Siskiyou County Recorder’s Office.

After the recording of these documents the City shall be provided with a legible recorded copy.

15. The project applicant shall provide the City with an electronic copy of the recorded map with all recording data shown.

16. When the map is submitted for the City Engineer’s and Surveyor’s signatures, the applicant shall provide the City with an electronic copy of the Final Map in AutoCAD format. In addition to the information shown on the final map, the electronic information submitted should include:
a. Street address(es) centered on the lot(s)
b. Building outlines for existing structures

17. Any dedications, open offers of dedication, or grants of easements may be dedicated and accepted on the face of the map. Agreement or other required items shall be recorded as separate documents concurrently with the recordation of the final map.

18. At the time of construction of any structures on the proposed parcels all of the following shall be required:
a. Botanical Surveys
Botanical surveys should be conducted across the entire Project site during the appropriate blooming time prior to the approval of this Project. Botanical surveys should follow the Department’s March 20, 2018, Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities, available here:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959. Surveys for this 70 Project were conducted in December and February, well outside the blooming period for the special-status species identified as potentially occurring onsite.

If no special status plant species are found during the botanical survey no other measures will be required. However, if drought conditions exist, additional preconstruction surveys for special status plant species may be warranted. If special status plant species are found during the botanical surveys, the plants should be marked by a qualified biologist familiar with the species. If the area can be avoided, exclusionary fencing will be placed around the plants and no pedestrian or vehicular entry shall be allowed. Botanical survey results shall be emailed to the Department at [email protected].
b. Nesting Birds
The project area is suitable for a variety of nesting birds. During construction, nesting migratory birds, if present, could be directly or indirectly impacted by construction and vegetation removal activities. Direct effects could include mortality resulting from construction equipment operating in an area containing an active nest with eggs or chicks. Indirect effects could include nest abandonment by adults in response to loud noise levels or human encroachment, or a reduction in the amount of food available to young birds due to changes in feeding behavior by adults. Implementation of nest season surveys discussed below would help to ensure that impacts to migratory birds and raptors are less than significant.

To avoid impacts to nesting birds and/or raptors protected under FGC sections 3503 and 3503.5 and the federal Migratory Bird Treaty Act, one of the following shall be implemented: a) Vegetation removal and other ground-disturbance activities associated with construction shall occur between September 1 and January 31, when birds are not nesting; or b) If vegetation removal or ground disturbance activities occur during the nesting season, a pre-construction nesting bird survey shall be conducted by a qualified biologist to identify active nests in and adjacent to the Project area.

Surveys shall begin prior to sunrise and continue until vegetation and nests have been sufficiently observed. The survey shall consider acoustic impacts and line-of sight disturbances occurring as a result of the Project to determine a sufficient survey radius to maximize observations of nesting birds. A nesting bird survey report should be prepared and at a minimum, the report should include a description of the area surveyed, date and time of the survey, ambient conditions, bird species observed, a description of any active nests observed, any evidence of breeding behaviors (e.g., courtship, carrying nest materials or food, etc.), and a description of any outstanding conditions that may have impacted the survey results (e.g., weather conditions, excess noise, the presence of predators, etc.).

If an active nest is located during the preconstruction surveys, a non-disturbance buffer shall be established around the nest by a qualified biologist in consultation with the Department and U.S. Fish and Wildlife Service to comply with FGC sections 3503 and 3503.5 and the Migratory Bird Treaty Act. Compliance measures may include, but are not limited to, exclusion buffers, sound-attenuation measures, seasonal work closures based on the known biology and life history of the species identified in the survey, as well as ongoing monitoring by biologists. 71 The nesting bird survey report shall be submitted to the Department upon completion via email to [email protected]. The survey shall be conducted no more than one week prior to the initiation of construction. If construction activities are delayed or suspended for more than one week aft er the pre-construction nesting bird survey, the site shall be resurveyed. c. Bats
Man-made structures that contain artificial roosting opportunities and trees that contain cavities, crevices and/or exfoliated bark have high potential to be used by various bat species. If the Project will impact man-made structures and/or trees with the above-referenced characteristics, a thorough survey should be conducted by a qualified biologist familiar with these features to determine if habitat elements are present. Trees with features potentially suitable for bat roosting should be clearly marked prior to removal.

If removal or disturbance of trees or man-made structures identified to have roost structure characteristics will occur during the bat maternity season, when young are non-volant (March 1 – Aug 31), or during the bat hibernacula (November 1 – March 1), when bats have limited ability to safely relocate roosts, it could cause a significant impact to bats through direct mortality during the roost removal. Impacts to roosts are usually accompanied by high mortality of bats, which is a significant impact because a single colony could consist of the entire local population of a species. The availability of suitable roosting habitat is considered a limiting factor in almost all bat species. Roost site suitability is often based on a narrow range of suitable temperatures, relative humidity, physical dimensions, etc., and many species exhibit high roost site fidelity. Depending on the impact, if any, to the roosting habitat, additional mitigation may be necessary and could include providing replacement or alternate roost habitat. If necessary, humane evictions should be conducted during seasonal periods of bat activity, which may vary by year, location, or species and must be conducted by or under the supervision of a biologist with specific experience conducti ng exclusions. Humane exclusions could consist of a two-day tree removal process whereby the non-habitat trees and brush are removed along with certain tree limbs on the first day and the remainder of the tree on the second day. This two-step process changes the microhabitat of the area causing the bats to vacate the area under their own volition, therefore minimizing mortality and other impacts to bat species.

If any special status species are found during surveys, the Department requests that CNDDB forms be filled out and sent to Sacramento and a copy of the form be sent to the Regional office at the above address. Instructions for providing data to the CNDDB can be found at: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. d. Lighting
CDFW recognizes the adverse effects that artificial lighting has on birds and other nocturnal species. The effects are numerous and include impacts to singing and foraging behavior, reproductive behavior, navigation, and altered migration patterns. To minimize adverse effects of artificial light on wildlife, CDFW recommends that lighting fixtures associated with the Project be downward facing, fully shielded, and designed and installed to minimize photo-pollution and spillover of light onto adjacent wildlife habitat.
72 e. Trenching
If trenching will occur as a result of development activities, it should be covered securely prior to stopping work each day, or a ramp should be provided in the trench to prevent wildlife entrapment. If pipes are left out onsite, they should be inspected for animals prior to burying, capping, moving, or filling. CDFW recommends a mitigation measure be developed and included in the final environmental document or project approval.
f. California Endangered Species Act
Please be advised that a CESA permit must be obtained if the project has the potential to result in “take” of plants or animals listed under CESA, either during construction or over the life of the project. Issuance of a CESA Permit is subject to CEQA documentation; the CEQA document must specify impacts, mitigation measures, and a mitigation monitoring and reporting program. If the Project will result in the taking of a CESA-listed species, early consultation is encouraged, as significant modification to the Project and mitigation measures may be required to obtain a CESA Permit. Information on how to attain a CESA permit is available here: https://wildlife.ca.gov/Conservation/CESA/Permitting.

19. The applicant shall obtain a Tax Certificate from the Siskiyou County Assessor’s Office to be filed with the Siskiyou County Tax Collector’s Office prior to final recording.

Section 5. It is further resolved that if any section, subsection, part, clause, sentence, or phrase of this Resolution of the application thereof is for any reason held to e invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this resolution, the application thereof, shall not be affected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence, or phrase or the application thereof is held to be invalid or unconstitutional.

Section 6. This Resolution shall take effect immediately upon its passage.

The foregoing Resolution was adopted by the City Council on the 15th day of November 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Duane Kegg, Mayor
ATTEST:
__________________________________
Shella Rhetta Hogan, City Clerk
73 CITY OF YREKA
TENTATIVE PARCEL MAP PERMIT NO. 2022-15

DRAFT CONDITIONS OF APPROVAL
APPLICANT: HOWELL-BARNES PROPERTIES, INC
ASSESSOR’S PARCEL NUMBER: 062-041-400
SITUS LOCATION: 1829 AND 1833 SOUTH OREGON STREET
Planning Department

1. The Howell-Barnes Tentative Parcel Map shall be in substantial conformance to Exhibit B, dated September 1, 2022, on file with the Planning Department, except as modified by these conditions. Minor changes to the plans may be allowed subject to the approval of the Planning Director and City Engineer.

2. The expiration date for the Tentative Map shall be two years from the date of City Council approval of the Tentative Parcel Map.

3. The Planning Department approval is required before any changes are implemented in the design, grading, drainage, and all other features of the subdivision map.

4. The Final Parcel Map plan check package will be accepted for submittal only after completion of the 15-day appeal period from the date of the City Council resolution unless approval is overturned on appeal or that the design is significantly changes as a result of the appeal.

5. To the extent permitted by law, the project applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City, its City Council, its officers, boards, commissions, employees, and agents form and against any claim (including claims for attorney fees), action or proceedings bought by a third party against the indemnified parties and the project applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorney fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice/.

City Engineer/City Surveyor

6. A final map shall be required to subdivide the property into three parcels as presented in Exhibit B.

7. The project applicant shall create and record all noted easements in Exhibit B for underground electric, ingress, and egress with the final parcel map.

8. In addition to the noted easements, a reciprocal easement for parking is required between Parcel A and Parcel B, since Parcel A has no accessible parking onsite.

9. At the time of sale or redevelopment for any reason, the number of accessible parking stalls shall be maintained at a minimum on Parcel B.

10. Prior to approval of the final parcel map, the applicant shall comply with all applicable conditions of outside agencies having jurisdiction.

11. Upon development of Parcel C, the installation of and connection to City Water, Sewer, and Storm Drains, as determined by the Public Works Director, is required. 74 12. Prior to the first plan check, the applicant’s engineer/surveyor shall submit a preliminary copy of the Final Map along with a preliminary copy of the title report and a copy of the adjoining deeds and/or recorded maps to the City. The City will forward these documents to its consultant who will estimate the cost for examining the map and certifying that the map is technically correct and in accordance with Section 66442 of the California Subdivision Map Act. After the consultant has provided a cost estimate, the applicant’s engineer/surveyor may submit the first plan check along with a deposit for these costs along with all other standard plan check fees. Any unused portion of the estimate will be returned to the applicant after the map is recorded. Similarly, if the applicant withdraws their application in writing prior to the consultant having performed the work, any unused portion of the deposit will be returned to the applicant. Conversely, should consultant’s estimate be insufficient to cover all of the consultant’s time, the applicant will be required to pay the City the difference between the estimate and the actual cost prior to submittal of the map for the City Engineer’s approval.

13. At the time applicant submits the fee for the consultant map review, the applicant shall also submit the following information to the City Engineer and City Surveyor for review and approval:
a. Two prints of the final tract map
b. One copy of the preliminary title report completed within the last six months c. One set of the computer closures
d. One legible copy of the latest recorded deed for the property being subdivided e. One legible copy of the recorded deeds for each of the adjacent properties unless those properties are part of a recorded map which has been recorded within the last seven years; and
f. One legible copy of the Recorded Final Map, Parcel Map, or Record of Survey used to prepare this Final Map.

14. The applicant’s title company shall record the final map, any grant deeds or easements, and any other required documents concurrently with the Siskiyou County Recorder’s Office.

After the recording of these documents the City shall be provided with a legible recorded copy.

15. The project applicant shall provide the City with an electronic copy of the recorded map with all recording data shown.

16. When the map is submitted for the City Engineer’s and Surveyor’s signatures, the applicant shall provide the City with an electronic copy of the Final Map in AutoCAD format. In addition to the information shown on the final map, the electronic information submitted should include:
a. Street address(es) centered on the lot(s)
b. Building outlines for existing structures

17. Any dedications, open offers of dedication, or grants of easements may be dedicated and accepted on the face of the map. Agreement or other required items shall be recorded as separate documents concurrently with the recordation of the final map. 75 California Department of Fish and Wildlife

18. At the time of construction of any structures on the proposed parcels all of the following shall be required:
a. Botanical Surveys
Botanical surveys should be conducted across the entire Project site during the appropriate blooming time prior to the approval of this Project. Botanical surveys should follow the Department’s March 20, 2018, Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities, available here:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959. Surveys for this Project were conducted in December and February, well outside the blooming period for the special-status species identified as potentially occurring onsite.

If no special status plant species are found during the botanical survey no other measures will be required. However, if drought conditions exist, additional preconstruction surveys for special status plant species may be warranted. If special status plant species are found during the botanical surveys, the plants should be marked by a qualified biologist familiar with the species. If the area can be avoided, exclusionary fencing will be placed around the plants and no pedestrian or vehicular entry shall be allowed. Botanical survey results shall be emailed to the Department at [email protected].
b. Nesting Birds
The project area is suitable for a variety of nesting birds. During construction, nesting migratory birds, if present, could be directly or indirectly impacted by construction and vegetation removal activities. Direct effects could include mortality resulting from construction equipment operating in an area containing an active nest with eggs or chicks. Indirect effects could include nest abandonment by adults in response to loud noise levels or human encroachment, or a reduction in the amount of food available to young birds due to changes in feeding behavior by adults. Implementation of nest season surveys discussed below would help to ensure that impacts to migratory birds and raptors are less than significant.

To avoid impacts to nesting birds and/or raptors protected under FGC sections 3503 and 3503.5 and the federal Migratory Bird Treaty Act, one of the following shall be implemented: a) Vegetation removal and other ground-disturbance activities associated with construction shall occur between September 1 and January 31, when birds are not nesting; or b) If vegetation removal or ground disturbance activities occur during the nesting season, a pre-construction nesting bird survey shall be conducted by a qualified biologist to identify active nests in and adjacent to the Project area.

Surveys shall begin prior to sunrise and continue until vegetation and nests have been sufficiently observed. The survey shall consider acoustic impacts and line-of sight disturbances occurring as a result of the Project to determine a sufficient survey radius to maximize observations of nesting birds. A nesting bird survey report should be prepared and at a minimum, the report should include a description 76 of the area surveyed, date and time of the survey, ambient conditions, bird species observed, a description of any active nests observed, any evidence of breeding behaviors (e.g., courtship, carrying nest materials or food, etc.), and a description of any outstanding conditions that may have impacted the survey results (e.g., weather conditions, excess noise, the presence of predators, etc.).

If an active nest is located during the preconstruction surveys, a non-disturbance buff er shall be established around the nest by a qualified biologist in consultation with the Department and U.S. Fish and Wildlife Service to comply with FGC sections 3503 and 3503.5 and the Migratory Bird Treaty Act. Compliance measures may include, but are not limited to, exclusion buffers, sound-attenuation measures, seasonal work closures based on the known biology and life history of the species identified in the survey, as well as ongoing monitoring by biologists.

The nesting bird survey report shall be submitted to the Department upon completion via email to [email protected]. The survey shall be conducted no more than one week prior to the initiation of construction. If construction activities are delayed or suspended for more than one week aft er the pre-construction nesting bird survey, the site shall be resurveyed. c. Bats
Man-made structures that contain artificial roosting opportunities and trees that contain cavities, crevices and/or exfoliated bark have high potential to be used by various bat species. If the Project will impact man-made structures and/or trees with the above-referenced characteristics, a thorough survey should be conducted by a qualified biologist familiar with these features to determine if habitat elements are present. Trees with features potentially suitable for bat roosting should be clearly marked prior to removal.

If removal or disturbance of trees or man-made structures identified to have roost structure characteristics will occur during the bat maternity season, when young are non-volant (March 1 – Aug 31), or during the bat hibernacula (November 1 – March 1), when bats have limited ability to safely relocate roosts, it could cause a significant impact to bats through direct mortality during the roost removal. Impacts to roosts are usually accompanied by high mortality of bats, which is a significant impact because a single colony could consist of the entire local population of a species. The availability of suitable roosting habitat is considered a limiting factor in almost all bat species. Roost site suitability is often based on a narrow range of suitable temperatures, relative humidity, physical dimensions, etc., and many species exhibit high roost site fidelity. Depending on the impact, if any, to the roosting habitat, additional mitigation may be necessary and could include providing replacement or alternate roost habitat. If necessary, humane evictions should be conducted during seasonal periods of bat activity, which may vary by year, location, or species and must be conducted by or under the supervision of a biologist with specific experience conducti ng exclusions. Humane exclusions could consist of a two-day tree removal process whereby the non-habitat trees and brush are removed along with certain tree limbs on the first day and the remainder 77 of the tree on the second day. This two-step process changes the microhabitat of the area causing the bats to vacate the area under their own volition, therefore minimizing mortality and other impacts to bat species.

If any special status species are found during surveys, the Department requests that CNDDB forms be filled out and sent to Sacramento and a copy of the form be sent to the Regional office at the above address. Instructions for providing data to the CNDDB can be found at: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. d. Lighting
CDFW recognizes the adverse effects that artificial lighting has on birds and other nocturnal species. The effects are numerous and include impacts to singing and foraging behavior, reproductive behavior, navigation, and altered migration patterns. To minimize adverse effects of artificial light on wildlife, CDFW recommends that lighting fixtures associated with the Project be downward facing, fully shielded, and designed and installed to minimize photo-pollution and spillover of light onto adjacent wildlife habitat.
e. Trenching
If trenching will occur as a result of development activities, it should be covered securely prior to stopping work each day, or a ramp should be provided in the trench to prevent wildlife entrapment. If pipes are left out onsite, they should be inspected for animals prior to burying, capping, moving, or filling. CDFW recommends a mitigation measure be developed and included in the final environmental document or project approval.
f. California Endangered Species Act
Please be advised that a CESA permit must be obtained if the project has the potential to result in “take” of plants or animals listed under CESA, either during construction or over the life of the project. Issuance of a CESA Permit is subject to CEQA documentation; the CEQA document must specify impacts, mitigation measures, and a mitigation monitoring and reporting program. If the Project will result in the taking of a CESA-listed species, early consultation is encouraged, as significant modification to the Project and mitigation measures may be required to obtain a CESA Permit. Information on how to attain a CESA permit is available here: https://wildlife.ca.gov/Conservation/CESA/Permitting.

Siskiyou County

19. The applicant shall obtain a Tax Certificate from the Siskiyou County Assessor’s Office to be filed with the Siskiyou County Tax Collector’s Office prior to final recording. 78 CITY OF YREKA PLANNING COMMISSION RESOLUTION PC 2022-06

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF YREKA RECOMMENDING
APPROVAL FOR TENTATIVE PARCEL MAP NO. 2022-
15 FOR THE SUBDIVISION OF THE TWO ACRE
ASSESSOR'S PARCEL NUMBER 062-041-400 INTO

THREE DISTINCT PARCELS WITH CONDITIONS AND
ADOPTION OF A CLASS 15 CATEGORICAL

EXEMPTION FROM THE CALFIORNIA

ENVIORNMENTAL QUALITY ACT
WHEREAS, Ken Barnes, Applicant, has filed an application for Tentative Parcel Map No. 2022-15 to allow the subdivision of a two acre parcel of land into three distinct parcels for the purposes of separating the existing two buildings and creating a new vacant parcel located on Assessor's Parcel Number 062-041-400 on South Oregon Street near Greenhorn Reservoir; and, WHEREAS, the City has processed said application pursuant to the City's subdivision regulations in Title 15, the Subdivision Map Act, and the California Environmental Quality Act of 1970 as amended; and
WHEREAS, on or before October 12, 2022 the City gave public notice as required under Government Code Section 66451.3 by mailing notices to property owners within at least 300 feet of the project; and
WHEREAS, the Planning Commission held a duly noticed public hearing as per Sections 65090 and 65091 of the California Government Code to accept public comments and to review and consider the application on Wednesday, October 26, 2022; and WHEREAS, the proposed project was evaluated for compliance with the California Environmental Quality Act ("CEQA") and found to be exempt pursuant a Class 15 "Minor Land Division" Categorical Exemption pursuant to Section 15315 of the CEQA Guidelines;
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Yreka does hereby determine the following:

Section 1. The factual data submitted by the Planning Department of the City of Yreka in the staff report dated October 26, 2022 are true and correct.

Section 2. For the foregoing reasons the Planning Commission determines that the Project is Exemption per the Class 15 "Minor Land Division" Categorical Exemption pursuant to Section 15315 of the California Environmental Quality Act (CEQA) Guidelines.

Section 3. The Planning Commission finds that based upon the entire record, pursuant to Section

15.20.090 of the Yreka Municipal Code, all of the following findings can be made subject to the conditions of approval listed in Section 4:

City of Yreka Planning Commission
Resolution PC 2022-06
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79 a. The tentative parcel map is consistent with Title 15 of the Yreka Municipal Code ("Subdivision")
b. The tentative parcel map is consistent with the Subdivision Map Act c. The tentative parcel map is consistent with Title 16 of the Yreka Municipal Code ("Zoning")
Section 4. The Planning Commission recommends the approval of the proposed project subject to the following conditions:

1. The Howell-Barnes Tentative Parcel Map shall be in substantial conformance to Exhibit B, dated September 1, 2022, on file with the Planning Department, except as modified by these conditions. Minor changes to the plans may be allowed subject to the approval of the Planning Director and City Engineer.

2. The expiration date for the Tentative Map shall be two years from the date of City Council approval of the Tentative Parcel Map.

3. Planning Department approval is required before any changes are implemented in the design, grading, drainage, and all other features of the subdivision map.

4. The Final Parcel Map plan check package will be accepted for submittal only after completion of the 15-day appeal period from the date of the City Council resolution unless approval is overturned on appeal or that the design is significantly changes as a result of the appeal.

5. To the extent permitted by law, the project applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City, its City Council, its officers, boards, commissions, employees, and agents form and against any claim (including claims for attorney fees), action or proceedings bought by a third party against the indemnified parties and the project applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorney fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice.

6. A final map shall be required to subdivide the property into three parcels as presented in Exhibit B.

7. The project applicant shall create and record all noted easements in Exhibit B for underground electric, ingress, and egress with the final parcel map.

8. In addition to the noted easements, a reciprocal easement for parking is required between Parcel A and Parcel B, since Parcel A has no accessible parking onsite.

9. At the time of sale or redevelopment for any reason, the number of accessible parking stalls shall be maintained at a minimum on Parcel B.

10. Prior to approval of the final parcel map, the applicant shall comply with all applicable conditions of outside agencies having jurisdiction.

11. Upon development of Parcel C, the installation of and connection to City Water, Sewer, and Storm Drains, as determined by the Public Works Director, is required.

12. Prior to the first plan check, the applicant's engineer/surveyor shall submit a preliminary copy of the Final Map along with a preliminary copy of the title report and a copy of the adjoining deeds and/or recorded maps to the City. The City will forward these documents City of Yreka Planning Commission
Resolution PC 2022-06
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80 to its consultant who will estimate the cost for examining the map and certifying that the map is technically correct and in accordance with Section 66442 of the California Subdivision Map Act. After the consultant has provided a cost estimate, the applicant's engineer/surveyor may submit the first plan check along with a deposit for these costs along with all other standard plan check fees. Any unused portion of the estimate will be returned to the applicant after the map is recorded. Similarly, if the applicant withdraws their application in writing prior to the consultant having performed the work, any unused portion of the deposit will be returned to the applicant. Conversely, should consultant's estimate be insufficient to cover all of the consultant's time, the applicant will be required to pay the City the difference between the estimate and the actual cost prior to submittal of the map for the City Engineer's approval.

13. At the time applicant submits the fee for the consultant map review, the applicant shall also submit the following information to the City Engineer and City Surveyor for review and approval:
a. Two prints of the final tract map
b. One copy of the preliminary title report completed within the last six months c. One set of the computer closures
d. One legible copy of the latest recorded deed for the property being subdivided e. One legible copy of the recorded deeds for each of the adjacent properties unless those properties are part of a recorded map which has been recorded within the last seven years; and
f. One legible copy of the Recorded Final Map, Parcel Map, or Record of Survey used to prepare this Final Map.

14. The applicant's title company shall record the final map, any grant deeds or easements, and any other required documents concurrently with the Siskiyou County Recorder's Office.

After the recording of these documents the City shall be provided with a legible recorded copy.

15. The project applicant shall provide the City with an electronic copy of the recorded map with all recording data shown.

16. When the map is submitted for the City Engineer's and Surveyor's signatures, the applicant shall provide the City with an electronic copy of the Final Map in AutoCAD format. In addition to the information shown on the final map, the electronic information submitted should include:
a. Street address(es) centered on the lot(s)
b. Building outlines for existing structures

17. Any dedications, open offers of dedication, or grants of easements may be dedicated and accepted on the face of the map. Agreement or other required items shall be recorded as separate documents concurrently with the recordation of the final map.

18. At the time of construction of any structures on the proposed parcels all of the following shall be required:
a. Botanical Surveys
Botanical surveys should be conducted across the entire Project site during the appropriate blooming time prior to the approval of this Project. Botanical surveys City of Yreka Planning Commission
Resolution PC 2022-06
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81 should follow the Department's March 20, 2018, Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities, available here:
https:/ /nrm.dfg.ca.gov/FileHandler.ashx?DocumentID= 18959. Surveys for this Project were conducted in December and February, well outside the blooming period for the special-status species identified as potentially occurring onsite.

If no special status plant species are found during the botanical survey no other measures will be required. However, if drought conditions exist, additional preconstruction surveys for special status plant species may be warranted. If special status plant species are found during the botanical surveys, the plants should be marked by a qualified biologist familiar with the species. If the area can be avoided, exclusionary fencing will be placed around the plants and no pedestrian or vehicular entry shall be allowed. Botanical survey results shall be emailed to the Department at R 1 [email protected].
b. Nesting Birds
The project area is suitable for a variety of nesting birds. During construction, nesting migratory birds, if present, could be directly or indirectly impacted by construction and vegetation removal activities. Direct effects could include mortality resulting from construction equipment operating in an area containing an active nest with eggs or chicks. Indirect effects could include nest abandonment by adults in response to loud noise levels or human encroachment, or a reduction in the amount of food available to young birds due to changes in feeding behavior by adults. Implementation of nest season surveys discussed below would help to ensure that impacts to migratory birds and raptors are less than significant.

To avoid impacts to nesting birds and/or raptors protected under FGC sections 3503 and 3503.5 and the federal Migratory Bird Treaty Act, one of the following shall be implemented: a) Vegetation removal and other ground-disturbance activities associated with construction shall occur between September 1 and January 31, when birds are not nesting; or b) If vegetation removal or ground disturbance activities occur during the nesting season, a pre-construction nesting bird survey shall be conducted by a qualified biologist to identify active nests in and adjacent to the Project area.

Surveys shall begin prior to sunrise and continue until vegetation and nests have been sufficiently observed. The survey shall consider acoustic impacts and line-of sight disturbances occurring as a result of the Project to determine a sufficient survey radius to maximize observations of nesting birds. A nesting bird survey report should be prepared and at a minimum, the report should include a description of the area surveyed, date and time of the survey, ambient conditions, bird species observed, a description of any active nests observed, any evidence of breeding behaviors (e.g., courtship, carrying nest materials or food, etc.), and a description of any outstanding conditions that may have impacted the survey results (e.g., weather conditions, excess noise, the presence of predators, etc.).

If an active nest is located during the preconstruction surveys, a non-disturbance buffer shall be established around the nest by a qualified biologist in consultation with the Department and U.S. Fish and Wildlife Service to comply with FGC sections 3503 and 3503.5 and the Migratory Bird Treaty Act. Compliance measures City of Yreka Planning Commission
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82 may include, but are not limited to, exclusion buffers, sound-attenuation measures, seasonal work closures based on the known biology and life history of the species identified in the survey, as well as ongoing monitoring by biologists.

The nesting bird survey report shall be submitted to the Department upon completion via email to RI CEOARedding@wildl ife.ca.gov . The survey shall be conducted no more than one week prior to the initiation of construction. If construction activities are delayed or suspended for more than one week aft er the pre-construction nesting bird survey, the site shall be resurveyed. c. Bats
Man-made structures that contain artificial roosting opportunities and trees that contain cavities, crevices and/or exfoliated bark have high potential to be used by various bat species. If the Project will impact man-made structures and/or trees with the above-referenced characteristics, a thorough survey should be conducted by a qualified biologist familiar with these features to determine if habitat elements are present. Trees with features potentially suitable for bat roosting should be clearly marked prior to removal.

If removal or disturbance of trees or man-made structures identified to have roost structure characteristics will occur during the bat maternity season, when young are non-volant (March 1 -Aug 31 ), or during the bat hibernacula (November 1 - March 1 ), when bats have limited ability to safely relocate roosts, it could cause a significant impact to bats through direct mortality during the roost removal. Impacts to roosts are usually accompanied by high mortality of bats, which is a significant impact because a single colony could consist of the entire local population of a species. The availability of suitable roosting habitat is considered a limiting factor in almost all bat species. Roost site suitability is often based on a narrow range of suitable temperatures, relative humidity, physical dimensions, etc., and many species exhibit high roost site fidelity. Depending on the impact, if any, to the roosting habitat, additional mitigation may be necessary and could include providing replacement or alternate roost habitat. If necessary, humane evictions should be conducted during seasonal periods of bat activity, which may vary by year, location, or species and must be conducted by or under the supervision of a biologist with specific experience conducti ng exclusions. Humane exclusions could consist of a two-day tree removal process whereby the non-habitat trees and brush are removed along with certain tree limbs on the first day and the remainder of the tree on the second day. This two-step process changes the microhabitat of the area causing the bats to vacate the area under their own volition, therefore minimizing mortality and other impacts to bat species.

If any special status species are found during surveys, the Department requests that CNDDB forms be filled out and sent to Sacramento and a copy of the form be sent to the Regional office at the above address. Instructions for providing data to the CNDDB can be found at: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. d. Lighting
CDFW recognizes the adverse effects that artificial lighting has on birds and other nocturnal species. The effects are numerous and include impacts to singing and foraging behavior, reproductive behavior, navigation, and altered migration patterns. To minimize adverse effects of artificial light on wildlife, CDFW City of Yreka Planning Commission
Resolution PC 2022-06
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83 recommends that lighting fixtures associated with the Project be downward facing, fully shielded, and designed and installed to minimize photo-pollution and spillover of light onto adjacent wildlife habitat.
e. Trenching
If trenching will occur as a result of development activities, it should be covered securely prior to stopping work each day, or a ramp should be provided in the trench to prevent wildlife entrapment. If pipes are left out onsite, they should be inspected for animals prior to burying, capping, moving, or filling. CDFW recommends a mitigation measure be developed and included in the final environmental document or project approval.
f. California Endangered Species Act
Please be advised that a CESA permit must be obtained if the project has the potential to result in "take" of plants or animals listed under CESA, either during construction or over the life of the project. Issuance of a CESA Permit is subject to CEQA documentation; the CEQA document must specify impacts, mitigation measures, and a mitigation monitoring and reporting program. If the Project will result in the taking of a CESA-listed species, early consultation is encouraged, as significant modification to the Project and mitigation measures may be required to obtain a CESA Permit. Information on how to attain a CESA permit is available here: https://wildlife.ca.gov/Conservation/CESA/Permitting.

19. The applicant shall obtain a Tax Certificate from the Siskiyou County Assessor's Office to be filed with the Siskiyou County Tax Collector's Office prior to final recording.

Section 5. The Planning Director shall certify to the adoption of this Resolution.

The foregoing Resolution was adopted by the Planning Commission on the 26th day of October 2022 by the following vote:

A YES: Rolzinski, O'Brien, Devlin, and Fernandez
NOES:None
ABSENT: Osborn
ABSTAIN: None
ATTEST:

City of Yreka Planning Commission
Resolution PC 2022-06
-----·~ _/" )
--- ..-·
Richard Rolzins
Co-Chair
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84 85
86 project would include necessary upgrades to the WWTP, including installing an influent flow meter and SCADA to facilitate operation and monitoring of the plant.

2. Clean Water State Revolving Fund (CWSRF) Planning Grant application for the Yreka Creek Sewer Improvement Project: This project would seek to reduce the number of sewer lines crossing Yreka Creek, improve remaining sewer crossings, and replace sewers to reduce both inflow and infiltration (I&I) and potential for sanitary sewer overflows (SSOs). The cost of preparing the application is estimated to be $30,000.

3. Drinking Water State Revolving Fund (DWSRF) Planning Grant application for the Water Main Replacement Project: This project would implement several recommended projects in the City’s Master Water Plan. The estimated cost for preparing the application is $30,000.

4. Department of Water Resources (DWR) 2022 Urban Community Drought Relief Funding application for the South Yreka Water Supply and Distribution Improvements Project: This project would include improvements such as the Greenhorn Reservoir Intake and Treatment improvements. The approximate budget for preparing the grant application is $15,000.

Fiscal Impact: The immediate fiscal impact to the City lies in the costs related to preparing the grant applications. The funding is paid by water and sewer reserves and would be reimbursed to the City upon receiving grant funding. Council action to accept the grant funding for the project into the City budget will also be necessary when each funding agreement is received.
87 Resolution No. 2022-46 Page 1 of 2
RESOLUTION NO 2022-46

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA AUTHORIZING

THE CITY TO APPLY FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA,

TO ENTER INTO A FUNDING AGREEMENT, AND TO DESIGNATE

REPRESENTATIVES TO SIGN AGREEMENTS AND ANY AMENDMENTS

THERETO FOR THE WASTEWATER TREATMENT PLANT (WWTP)

IMPROVEMENT PROJECT
WHEREAS, the City of Yreka (the “Entity”) is a municipal corporation with the legal authority to enter into contracts and agreements in the State of California; and WHEREAS, the State of California has solicited grant applications for the Clean Water State Revolving Fund; and
WHEREAS, the City of Yreka will comply where applicable with provisions of the California Environmental Quality Act any other state, and/or local laws, and/or regulations. The requested action is to adopt a Resolution authorizing submittal of applications and is exempt from CEQA pursuant to Section l 5378(b), in that a "Project" does not include: Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

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

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

Section 2. The City Manager (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Yreka Creek Sewer Improvement Project (the “Project”).

Section 3. This Authorized Representative, or designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

Section 4. The Authorized Representative, or designee, is designated to represent the Entity in carrying out the Entity's responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.
88 Resolution No. 2022-46 Page 2 of 2
Passed and adopted on November 15, 2022, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:
__________________________
Duane Kegg
Mayor of the City of Yreka
Attest:____________________________
Shella Rhetta Hogan
City Clerk

CERTIFICATION
I do hereby certify that the foregoing is a full, true and correct copy of a resolution duly and regularly adopted at a meeting of the City Council of the City of Yreka held on November 15, 2022.

Attest: _____________________
Shella Rhetta Hogan
City Clerk
SEAL:
89 Resolution No. 2022-47 Page 1 of 2
RESOLUTION NO 2022-47

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA AUTHORIZING

THE CITY TO APPLY FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA,

TO ENTER INTO A FUNDING AGREEMENT, AND TO DESIGNATE

REPRESENTATIVES TO SIGN AGREEMENTS AND ANY AMENDMENTS

THERETO FOR THE YREKA CREEK SEWER IMPROVEMENT PROJECT
WHEREAS, the City of Yreka (the “Entity”) is a municipal corporation with the legal authority to enter into contracts and agreements in the State of California; and WHEREAS, the State of California has solicited grant applications for the Clean Water State Revolving Fund; and
WHEREAS, the City of Yreka will comply where applicable with provisions of the California Environmental Quality Act any other state, and/or local laws, and/or regulations. The requested action is to adopt a Resolution authorizing submittal of applications and is exempt from CEQA pursuant to Section l 5378(b), in that a "Project" does not include: Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

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

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

Section 2. The City Manager (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Yreka Creek Sewer Improvement Project (the “Project”).

Section 3. This Authorized Representative, or designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

Section 4. The Authorized Representative, or designee, is designated to represent the Entity in carrying out the Entity's responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.
90 Resolution No. 2022-47 Page 2 of 2
Passed and adopted on November 15, 2022, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:
__________________________
Duane Kegg
Mayor of the City of Yreka
Attest:____________________________
Shella Rhetta Hogan
City Clerk

CERTIFICATION
I do hereby certify that the foregoing is a full, true and correct copy of a resolution duly and regularly adopted at a meeting of the City Council of the City of Yreka held on November 15, 2022.

Attest: _____________________
Shella Rhetta Hogan
City Clerk
SEAL:
91 Resolution No. 2022-48 Page 1 of 2
RESOLUTION NO 2022-48

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA AUTHORIZING

THE CITY TO APPLY FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA,

TO ENTER INTO A FUNDING AGREEMENT, AND TO DESIGNATE

REPRESENTATIVES TO SIGN AGREEMENTS AND ANY AMENDMENTS

THERETO FOR THE WATER MAIN REPLACEMENT PROJECT
WHEREAS, the City of Yreka (the “Entity”) is a municipal corporation with the legal authority to enter into contracts and agreements in the State of California; and WHEREAS, the State of California has solicited grant applications for the Drinking Water State Revolving Fund; and
WHEREAS, the City of Yreka will comply where applicable with provisions of the California Environmental Quality Act any other state, and/or local laws, and/or regulations. The requested action is to adopt a Resolution authorizing submittal of applications and is exempt from CEQA pursuant to Section l 5378(b), in that a "Project" does not include: Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

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

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

Section 2. The City Manager (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Water Main Replacement Project (the “Project”).

Section 3. This Authorized Representative, or designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

Section 4. The Authorized Representative, or designee, is designated to represent the Entity in carrying out the Entity's responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.
92 Resolution No. 2022-48 Page 2 of 2
Passed and adopted on November 15, 2022, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:
__________________________
Duane Kegg
Mayor of the City of Yreka
Attest:____________________________
Shella Rhetta Hogan
City Clerk

CERTIFICATION
I do hereby certify that the foregoing is a full, true and correct copy of a resolution duly and regularly adopted at a meeting of the City Council of the City of Yreka held on November 15, 2022.

Attest: _____________________
Shella Rhetta Hogan
City Clerk
SEAL:
93 Resolution No. 2022-49 Page 1 of 2
RESOLUTION NO 2022-49

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA AUTHORIZING

THE CITY TO APPLY FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA,

TO ENTER INTO A FUNDING AGREEMENT, AND TO DESIGNATE

REPRESENTATIVES TO SIGN AGREEMENTS AND ANY AMENDMENTS

THERETO FOR THE SOUTH YREKA WATER SUPPLY AND DISTRIBUTION

IMPROVEMENTS PROJECT
WHEREAS, the City of Yreka proposes to implement the South Yreka Water Supply and Distribution Improvements Project; and
WHEREAS, the City of Yreka is a municipal corporation and has the legal authority and is authorized to enter into a funding agreement with the State of California; and WHEREAS, the City of Yreka intends to apply for grant funding from the California Department of Water Resources for the South Yreka Water Supply and Distribution Improvements Project; and
WHEREAS, the City of Yreka will comply where applicable with provisions of the California Environmental Quality Act any other state, and/or local laws, and/or regulations. The requested action is to adopt a Resolution authorizing submittal of applications and is exempt from CEQA pursuant to Section l 5378(b), in that a "Project" does not include: Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

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

Section 1. That pursuant and subject to all of the terms and provisions of the Budget Act of 2021 (Stats. 2021, ch. 240, § 80) as amended (Stats 2022, ch. 44, § 25), the City of Yreka City Manager (the “Authorized Representative”) or designee is hereby authorized and directed to prepare, sign and file an application for funding with the Department of Water Resources, and take such other actions necessary or appropriate to obtain grand funding.

Section 2. The City of Yreka City Manager, or designee, is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto.

Section 3. The City of Yreka City Manager, or designee, is hereby authorized and directed to submit any required documents, invoices and repots required to obtain grant funding. 94 Resolution No. 2022-49 Page 2 of 2

CERTIFICATION
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Yreka at the meeting held on November 15, 2022, motion made by ____________________ and seconded by ___________________, motion passed by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:
__________________________
Duane Kegg
Mayor, City of Yreka
Attest:____________________________
Shella Rhetta Hogan
City Clerk
SEAL:
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