Yreka City Council
December 6, 2022

YREKA CITY COUNCIL MEETING AGENDA
December 6, 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 Real Property Negotiations (§ 54956.8) Property: APN 062-031-250 (0.88-acre parcel)
Third Party Negotiation: Nor-Cal Products by Pfeiffer Vacuum City Negotiation: City Manager and City Attorney
Negotiating Parties: City of Yreka and Nor-Cal Products by Pfeiffer Vacuum Under Negotiation: Possible purchase agreement including price, terms of payment, or both.

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

b. 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

4. OPTIONAL RECESS IF DESIRED:

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

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

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

7. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:

This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.

8. PUBLIC COMMENTS:

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

Councilmembers, when recognized by the Mayor, may ask questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. • Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker. (Should you need an additional special accommodation, e.g., remote microphone, please notice the City Clerk prior to the start of meeting for arrangements). • Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. • Please limit your remarks to five (5) minutes.

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

9. PUBLIC COMMENT FOLLOW-UP:

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

10. CONSENT AGENDA:

All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval/ratification of payments issued from November 7, 2022, through November 27, 2022. b. Approval of Minutes of the Regular Meeting held November 15, 2022. c. Approval of Minutes of the Special Meetings held November 17, 2022 and November 23, 2022. d. Approval of a Resolution 2022-51 Accepting the Canvass of the Results of the November 8, 2022 Election.
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e. Continuation of Urgency Ordinance #864: Fireworks.
f. Continuation of Urgency Resolution #2021-51: Remote Public Meetings. g. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.

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.

11. OLD BUSINESS
Yreka City Council, Mayor Kegg
a. Council Action: The City Council is being asked to make recommendations for a Mayoral appointment to two seats on the Planning Commission
The applicants that are being considered are:
• Dawnmarie Autry
• Louise Gliatto
• Ann Ohlund
• Marlee Billingsley
Recommended City Council Action: That the City Council make recommendations to the Mayor for a Mayoral appointment to fill two seats on the Planning Commission.

Human Resources Director
b. Approval of the Yreka Peace Officers’ Association (YPOA) Memorandum of Understanding Representatives for the City and YPOA have met and agreed upon compensation over the next thirty months for wages, benefits (including healthcare coverage) and other compensation (callback minimum, certificate pay, premium pay, and deferred compensation).

Recommended City Council Action: Motion to Adopt a Resolution 2022-52 of the City Council of the City of Yreka approving execution of the Memorandum of Understanding between the City of Yreka and the Yreka Peace Officers’ Association.

Finance
c. 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.

12. 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.
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vi. Mayor will close the Public Hearing.
vii. City Council will deliberate and act on the item.

Planning Director
a. Agenda Title: Whipple Tentative Parcel Map: Public Hearing The City of Yreka received an application from Todd and Stacy Whipple to divide Assessor’s Parcel Number 053-711-100 into two new parcels with a remainder. The two proposed parcels are immediately adjacent to the public right-of-way (North View Drive) in the northwest corner of City Limits. There are no proposed changes to the General Plan Designation of Low Density Residential or the Low Density Residentials (R-1) Zoning designation. The applicant proposes to construct two single-family houses on Parcel 1 & Parcel 2.

Recommended City Council Action: Motion to approve City Council Resolution 2022-53 recommending approval of the proposed tentative parcel map number 2022-28 for City Council consideration and adopting a Class 15 categorical exemption from CEQA.

13. NEW BUSINESS:

City Council Transition
a. Recognition of Outgoing Councilmembers: Recognition of Outgoing Councilmembers (Councilmember Smith Freeman and Mayor Pro Tempore Baird) by other Councilmembers:
i. Presentation of Plaques to outgoing Councilmembers by City Manager Ledbetter. ii. Remarks by outgoing Councilmembers Mayor Pro Tempore Baird, Councilmember Smith Freeman. iii. Public comment
b. Special Recognition for former Councilmember Norm Shaskey, term expired Nov. 2020 Outgoing Councilmembers leave the dais and mingle.

Meeting Break – transition for photo opportunity and reception. c. Swearing in Councilmember: Swearing in of incoming Councilmembers Colleen Baker, Drake J.

Davis, and Paul Edward McCoy by City Clerk Hogan
i. Presentation of certificates of Election to newly elected Councilmembers. ii. Incoming Councilmembers take a seat at the dais (occupying the seats of those who left) iii. Remarks by incoming Councilmembers Colleen Baker, Drake J. Davis, and Paul Edward McCoy. iv. Public Comments
d. Mayoral Selection: Mayor of Yreka Selection
Process: Mayor Kegg hands the gavel to Mr. Ledbetter, City Manager who will run this portion of the meeting.

City Manager Ledbetter opens the floor for nominations. • Nominations do not require a second.
• Even upon the receipt of one nomination additional nominations can be made. • Please note any Councilmember can nominate themselves. • Multiple nominations are acceptable and will be voted in the order they were received.

City Manager Ledbetter closes the floor for nominations for the position of Mayor of Yreka. 4

City Manager asks for the Council to vote (by roll call) on each nomination in the order received. The first nominee to receive a majority vote will be the new Mayor of Yreka for a two-year term.

Based on the Council vote the new Mayor of Yreka is announced. The Mayor of Yreka takes a seat centerstage at the dais.

City Manager Ledbetter hands the gavel to the Mayor and he/she will run the selection of the Yreka Mayor Pro Tempore.
e. Mayor Pro Tempore of Yreka Selection -
Process: Selected Mayor opens the floor for nominations. • Mayor takes nominations in the order they are received. • Nominations do not require a second.
• Even upon the receipt of one nomination additional nominations can be made. • Please note any Councilmember can nominate themselves. • Multiple nominations are acceptable and will be voted in the order they were received.

Mayor closes the floor for nominations for the position of Mayor Pro Tempore of Yreka.

Mayor asks for the Council vote (by roll call) on each nomination in the order received. The first nominee to receive a majority vote will be the new Mayor Pro Tempore of Yreka for a two-year term.

Based on the Council vote the new Mayor Pro Tempore of Yreka is announced. The Mayor Pro Tempore takes a seat to the right of the Mayor at the dais.

The incoming Mayor Pro Tempore and Mayor may make additional remarks.

Return to New Business matters.

City Manager
f. Agenda Title: Calendar of 2023 City Council Meetings Recommended City Council Action: Motion to Approve Resolution 2022-54 Approving the 2023 City Council Meeting schedule.

14. MAYOR/COUNCILMEMBERS REPORTS
AB 1234* Conference and Meeting Report (verbal, if any) *(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.)

15. CITY MANAGER/STAFF REPORTS:

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

16. 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.

17. 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. 5

Public Hearings: If, in the future, you wish to challenge in court any of the matters on an agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Any person seeking to challenge a City Council decision made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.”
"CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of Yreka is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing. If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Yreka, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies." The City of Yreka does not discriminate on the basis of race, color, national origin, religion, age, gender, sexual orientation, disability, or any other legally protected classes in employment or provision of services. In compliance with the Americans with Disabilities Act, those requiring accommodations for this meeting should notify the City Clerk 48 hours prior to the meeting at (530) 841-2386 or by notifying the Clerk at [email protected].

AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA)

COUNTY OF SISKIYOU) SS

CITY OF YREKA )
I, Rhetta Hogan, 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 December 6, 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 15, 2022
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA On November 15, 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, Paul McCoy, and Corey Middleton. Mayor Kegg was absent, Mayor Baird presided.

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 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 Pro Tempore Baird 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.

None

8. PUBLIC COMMENTS:

None

9. PUBLIC COMMENT FOLLOW-UP:

None
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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 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.

No Public Comment.

Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.

MOTIONED: Councilmember Smith Freeman
SECONDED: Councilmember McCoy
AYES: Councilmembers: Baird, Smith Freeman, McCoy, and Middleton NOES: None
ABSENT: Kegg

11.PUBLIC HEARINGS:

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.

No Public Comment.

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.

MOTIONED: Councilmember McCoy
SECONDED: Councilmember Middleton
AYES: Councilmembers: Baird, Smith Freeman, McCoy, and Middleton NOES: None
ABSENT: Kegg
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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
No Public Comment.

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 and use for the future 501c3.

MOTIONED: Councilmember Smith Freeman
SECONDED: Councilmember Middleton
AYES: Councilmembers: Baird, Smith Freeman, McCoy, and Middleton NOES: None
ABSENT: Kegg
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.

No Public Comment.

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.

MOTIONED: Councilmember McCoy
SECONDED: Councilmember Smith Freeman
AYES: Councilmembers: Baird, Smith Freeman, McCoy, and Middleton NOES: None
ABSENT: Kegg
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, to enter into a Funding Agreement, and to Designate Representatives to Sign Agreements and any Amendments thereto for the Yreka Creek Sewer Improvement Project.

No Public Comment.

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, to enter into a Funding Agreement, and to 49

Designate Representatives to Sign Agreements and any Amendments thereto for the Yreka Creek Sewer Improvement Project.

MOTIONED: Councilmember Smith Freeman
SECONDED: Councilmember Middleton
AYES: Councilmembers: Baird, Smith Freeman, McCoy, and Middleton NOES: None
ABSENT: Kegg
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.

No Public Comment.

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 Yreka Creek Sewer Improvement Project.

MOTIONED: Councilmember Baird
SECONDED: Councilmember Smith Freeman
AYES: Councilmembers: Baird, Smith Freeman, McCoy, and Middleton NOES: None
ABSENT: Kegg
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.

No Public Comment.

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 Yreka Creek Sewer Improvement Project.

MOTIONED: Councilmember Middleton
SECONDED: Councilmember McCoy
AYES: Councilmembers: Baird, Smith Freeman, McCoy, and Middleton NOES: None
ABSENT: Kegg
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.

Matt Osborne respectfully withdrew his application prior to the interview.

Four Candidates in attendance, Louise Gliatto, Ann Ohlund, Dawn Marie Autrey, Marlee Billingsley Public comment from Brian Devlin.
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No Council action was taken. Decision is deferred to the next City Council meeting.

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.

This item was tabled to the next regular City Council meeting the Schmidts unable to attend the meeting.

13. CITY MANAGER/STAFF REPORTS:

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

City Manager Ledbetter on 11/14 attended Nevada Arts Council meeting arts grants and the downtown merchants meeting, 11/7 attended the SCEDC Quarterly Meeting, and on 11/2, City Manager Ledbetter made a presentation to the Lions Club.

City Manager Ledbetter also met with Brian Favero for the Elk’s Holiday parade and presented updates scheduled event on Nov. 26th.

Assistant City Manager clarified motion language read for Resolution 2022-47 by Joan Smith Freeman and understood by City Councilmembers. Motion was reread by Smith Freeman, affirmed by Councilmember McCoy who had seconded the motion, all Councilmembers agreed on the motion language as reread.

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.

General comments were heard on community events.

15. ADJOURNMENT:

There being no more business the City Council meeting adjourned at 7:27 p.m. ____________________
____________________ as Mayor_______________
Minutes approved by City Council,
Motion December 6, 2022
______________________
Rhetta Hogan, City Clerk
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MINUTES OF THE YREKA CITY COUNCIL SPECIAL MEETING
HELD ON NOVEMBER 17, 2022
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA On November 17, 2022, the City Council of Yreka, met for a Special meeting at 5:30 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. Public Employee Performance Evaluation § 54957
Title: City Manager
b. Public Employee Performance Evaluation § 54957
Title: City Attorney

4. REPORT OUT FROM CLOSED SESSION:

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.

____________________
____________________ as Mayor_______________
Minutes approved by City Council,
Motion December 6, 2022
______________________
Rhetta Hogan, City Clerk
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MINUTES OF THE YREKA CITY COUNCIL SPECIAL MEETING
HELD ON NOVEMBER 23, 2022
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA On November 23, 2022, the City Council of Yreka, met for a Special meeting at 4:00 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 Real Property Negotiations (§ 54956.8) Property: California State Route 3 (SR 3)
Third Party Negotiation: California State Department of Transportation (Caltrans) District 2 City Negotiation: City Manager and City Attorney
Negotiating Parties: City of Yreka and Caltrans
Under Negotiation: Possible purchases and encroachment agreement including price, terms of payment, or both.
b. Conference with Real Property Negotiators (§ 54956.8) Property: Carnegie Building, 412 W. Miner Street, Yreka, CA Agency Negotiation: City Manager and City Attorney
Negotiating Parties: City of Yreka and Siskiyou Economic Development Council Under Negotiation: Price and Terms of Payment
c. Public Employee Performance Evaluation § 54957
Title: City Manager
d. Public Employee Performance Evaluation § 54957
Title: City Attorney

4. REPORT OUT FROM CLOSED SESSION:

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 a motion to was made to approve the CalTrans maintenance agreement for California State Route 3 (SR 3) as presented by CalTrans.

MOTIONED: Councilmember Smith Freeman
SECONDED: Councilmember McCoy
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, and Middleton 53

NOES: None
ABSTAIN: None
ABSENT: None
Mayor Kegg announced a motion was made to enter into a development agreement for the Carnegie Building, 412 W. Miner Street, Yreka, CA with the Siskiyou Economic Development Council, with modifications noted by the City Attorney below.

1. Add provisions to the development agreement that specify that SCEDC will indemnify the City for any liability while it and its contractors retain access to the building until close of escrow.

2. Modify the agreement to more clearly specify the expectations that need to be met to trigger the annual waiver of payments.

3. The property sale escrow needs to close in two months.

4. Draft the promissory note exhibit.

5. Parking lot Gates remain the property of the City

6. Rear parking lot open to general parking

7. End date of 24-months, unless mutually agreed on the development agreement.

MOTIONED: Councilmember Smith Freeman
SECONDED: Councilmember Middleton
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, and Middleton NOES: None
ABSTAIN: None
ABSENT: None
____________________
____________________ as Mayor_______________
Minutes approved by City Council,
Motion December 6, 2022
______________________
Rhetta Hogan, City Clerk
54 To:

Prepared by:

Agenda Title:

Meeting Date:

Discussion:

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
Yreka City Council
Jason Ledbetter, City Manager
Discussion/Possible Action - Adopt Resolution declaring the results of General Municipal Election held November 8, 2022.

December 6, 2022
Siskiyou County Clerk, Laura Bynum, has submitted the attached Final Election Results.

The Elections Code requires the governing body to declare the results and install the newly elected officers no later than the next regularly scheduled City Council meeting following the certification of the election.

Fiscal Impact: None.

Recommendation: That the Council adopt Resolution declaring the election results as submitted.

Approved:

Jason Ledbetter, City Manager
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A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF YREKA DECLARING RESULTS
OF A GENERAL MUNICIPAL ELECTION HELD NOVEMBER 8, 2022
WHEREAS, a general municipal election was held and conducted in the City of Yreka on Tuesday, the 8th of November 2022 as required by law; and WHEREAS, it appears that notice of said election was duly and regularly given; that voting precincts were properly established; that election officers were appointed and election supplies furnished and that in all respects said election was held and conducted and the votes thereof, made and declared in time, form and manner as required by the Election Code of the State of California governing elections in cities of General Law Class; and WHEREAS, the City Council of said City of Yreka met in the Council Chamber of said Council on December 6, 2022 to canvass the returns of said election and to install the newly elected officers, as a result of which canvass the Council finds that the number of votes casts, the names of persons voted for, and the matters required by law to be as hereinafter stated;
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:

That said General Municipal Election was held and conducted in the City of Yreka, on Tuesday, the 8th day of November 2022, in time, form and manner as required by law; That there were voting precincts established for the purpose of conducting said election consisting of a consolidation of election precincts established for holding general, state and county elections.

The City Clerk shall enter on the records of the Council, the election results as certified by the Siskiyou County Clerk depicting the number of votes cast as follows:

Yreka City Council:

Colleen Baker
Drake J. Davis
Paul Edward McCoy
Robin Richards
Tryes Cha
Jackie Terwilliger
Total Votes:
1,389
1,286
987
897
742
713
Measure Q - Appointment of City Treasurer
No 1,278
Yes 1207

56 The City Council finds and declares that as a result of said election:
✓ Colleen Baker, Drake J. Davis, and Paul Edward McCoy were elected to the office of City Council, and each term will expire November 2026.
✓ Measure Q -Appointment of City Treasurer has failed.

The City Clerk shall immediately make and deliver to each of said persons elected, a certificate of election signed and duly authenticated. Each of said officers shall immediately take and swear to the oath of office and subscribe thereto, whereupon they shall be inducted into the representative office to which they have been elected.

PASSED AND ADOPTED this 6
th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

Mayor
ATTEST:

BY -----------
Rhetta Hogan, City Clerk

57 58
59 60
61 Page: 5 of 15 11/28/2022 10:16:49 AM
CJ Supreme Court Patricia Guerrero (Vote for 1)
Precincts Reported: 0 of 62 (0.00%)
Unresolved Write-In 0
Total
Times Cast 17,907/28,735 62.32%
Candidate Party Total
Yes 7,876 52.61%
No 7,095 47.39%
Total Votes 14,971
Total
AJ Supreme Court Goodwin Liu (Vote for i)
Precincts Reported: 0 of 62 (0.00%)
Unresolved Write-In 0
Total
Times Cast 17,907/ 28,735 62.32%
Candidate Party Total
Yes 7,680 52.12%
No 7,055 47.88%
Total Votes 14,735
Total
AJ Supreme Court Martin J. Jenkins (Vote for 1)
Precincts Reported: 0 of 62 (0.00%)
Total
Times Cast 17,907/ 28,735 62.32%
Candidate Party Total
Yes 7,614 52.28%
No 6,949 47.72%
Total Votes 14,563
Total
Unresolved Write-In 0
62 Page: 6 of 15 11/28/2022 10:16:49 AM
AJ Supreme Court Joshua P. Groban (Vote for 1)
Precincts Reported: 0 of 62 (0.00%)
Total
Times Cast 17,907/ 28,735 62.32%
Candidate Party Total
Yes 7,458 51.41%
No 7,049 48.59%
Total Votes 14,507
Total
Unresolved Write-In 0
AJ Appellate Court 3rd Dist Stacy Boulware Eurie (Vote for 1) Precincts Reported: 0 of 62 (0.00%)
Times Cast
Total
17,907/ 28,735 62.32%
Candidate Party Total
Yes 7,633 53.18%
No 6,721 46.82%
Total Votes 14,354
Unresolved Write-In
Total
0 AJ Appellate Court 3rd Dist Laurie M. Earl (Vote for 1) Precincts Reported: 0 of 62 (0.00%)
Total
Times Cast 17,907/ 28,735 62.32%
Candidate Party Total
Yes 7,384 51.32%
No 7,003 48.68%
Total Votes 14,387
Total
Unresolved Write-In 0
63 Page: 7 of 15 11/28/2022 10:16:49 AM
AJ Appellate Court 3rd Dist Harry Hull (Vote for 1)
Precincts Reported: 0 of 62 (0.00%)
Total
Times Cast 17,907/ 28,735 62.32%
Candidate Party Total
Yes 8,901 62.47%
No 5,347 37.53%
Total Votes 14,248
Total
Unresolved Write-In 0
AJ Appellate Court 3rd Dist Peter Krause (Vote for 1)
Precincts Reported: 0 of 62 (0.00%)
Total
Times Cast 17,907/28,735 62.32%
Candidate Party Total
Yes 7,369 53.14%
No 6,498 46.86%
Total Votes 13,867
Total
Unresolved Write-In 0
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION (Vote for 1) Precincts Reported: 0 of 62 (0.00%)
Total
Times Cast 17,907/ 28,735 62.32%
Candidate Party Total
TONY K. THURMOND 7,408 51.93%
LANCE RAY CHRISTENSEN 6,857 48.07%
Total Votes 14,265
Total
Unresolved Write-In 0
64 Page: 8 of 15 11/28/2022 10:16:49 AM
TRUSTEE SCOTT VALLEY UNIFIED 2 (Vote for 1)
Precincts Reported: 0 of 7 (0,00%)
Total
Times Cast 2,471 / 3,540 69.80%
Candidate Party Total
JEN THACKERAY 1,711 75.57%
KIP VAN DE WATER 553 24,43%
Total Votes 2,264
Total
Unresolved Write-In 0
TRUSTEE SCOTT VALLEY UNIFIED AT IARGE (Vote for 1)
Precincts Reported: 0 of 7 (0.00%)
Times Cast
Total
2,471 / 3,540 69.80%
Candidate Party Total
BRANDON FAWAZ ' 1,549 68,54%
JENN ROGGE 366 16.19%
MAYA COURTS 345 15.27%
Total Votes 2,260
Total
Unresolved Write-In 0
GOVERNING BOARD MEMBER SISKIYOU UNION HIGH SCHOOL, AREA i, SHORT TERM (Vote for 1)
Precincts Reported: 0 of 20 (0.00%)
Times Cast
Candidate
CARRIE A. WILLIAMS

KEVIN CHARTER
Total Votes
Party
Total
7,017/ 10,888 64.45%
Total
3,285 53.71%
2,831 46.29%
6,116
Unresolved Write-In
Total
0 65
Page: 9 of 15 11/28/2022 10:16:49 AM
GOVERNING BOARD MEMBER SISKIYOU UNION HIGH SCHOOL, AREA 2 (Vote for 2)
Precincts Reported: 0 of 20 (0,00%)
Total
Times Cast 7,017/ 10,888 64.45%
Candidate Party
KRISTEN DEBORTOLITotal
RICCOMINI 3,815 34.74%
MINDY E. HAMANN 2,799 25.49%
SCOTT ANTHONY DOLE 1,940 17.67%

PAUL CHAPMAN

MATTHEW WARREN
1,910 17.39%
HILLIARD 517 4.71%
Total Votes 10,981
Total
Unresolved Write-In 0

GOVERNING BOARD MEMBER FORKS OF SALMON ELEMENTARY SCHOOL DISTRICT (Vote for 2)
Precincts Reported: 0 of 1 (0.00%)
Total
Times Cast 82/110 74.55%
Candidate Party Total
SHANNON FLARITY 55 42.31%
THOMAS WALKER 41 31.54%
MARGARET “MUGGS"
NICHOLS 34 26.15%
Total Votes 130
Total
Unresolved Write-In 0

GOVERNING BOARD MEMBER FORKS OF SALMON ELEMENTARY SCHOOL DISTRICT, SHORTTERM (Vote for 1)
Precincts Reported: 0 of 1 (0.00%)
Total
Times Cast 82/ 110 74.55%
Candidate Party Total
LYRA CRESSEY 48 67.61%
STEPHEN GUNTHER 23 32.39%
Total Votes 71
Total
Unresolved Write-In 0
66 Page: 10 of 15 11/28/2022 10:16:49 AM

GOVERNING BOARD MEMBER GRENADA ELEMENTARYSCHOOL DISTRICT (Vote for 3)
Precincts Reported: 0 of 3 (0.00%)
Total
Times Cast 444/713 62.27%
Candidate Party Total
BARRY PETERS 238 28.54%
SUSAN CRAWFORD 226 27.10%
RYAN R. SCALERA 198 23.74%
RACHELLE WINTER 172 20.62%
Total Votes 834
Total
Unresolved Write-In 0

GOVERNING BOARD MEMBER MT SHASTA ELEMENTARY SCHOOL
DISTRICT (Vote for 3)
Precincts Reported: 0 of 9 (0.00%)
Times Cast
Total
3,735 / 5,526 67.59%
Candidate Party Total
NANCY T. SWIFT 2,096 28.29%
MONA GUTIERREZ 2,084 28.12%
JESSMA EVANS 1,924 25.96%
JOHN DUNCAN 1,306 17.62%
Total Votes 7,410
Total
Unresolved Write-In 0
MEMBER, CITY COUNCIL CITY OE DUNSMUIR (Vote for 3)
Precincts Reported: 0 of 1 (0.00%)
Times Cast
Total
535 / 990 54.04%
Candidate Party
MICHAEL W. CLARNO
Total
333 29.11%
MATTHEW J. BRYAN 316 27.62%
JULIANA LUCCHESI 286 25.00%
AHMET TASCI 209 18.27%
Total Votes 1,144
Total
Unresolved Write-In 0
67 Page: 11 of 15 11/28/2022 10:16:49 AM
MEMBER, CITY COUNCIL CITY OF WEED (Vote for 3)
Precincts Reported: 0 of 2 (0.00%)
Times Cast
Total
647/ 1,346 48.07%
Candidate Party Total
MARK P MAZZONI 416 34.18%
DARRELL W. PARHAM 273 22.43%
KEN PALFINI : 270 22.19%
STACEY R. GREEN 258 21.20%
Total Votes 1,217
Total
Unresolved Write-In 0
MEMBER, CITY COUNCIL CITY OF YREKA (Vote for 3)
Precincts Reported: 0 of 6 (0.00%)
Total
Times Cast 2,606/4,555 57.21%
Candidate Party Total
COLLEEN BAKER 1,389 23.10%
DRAKE J. DAVIS 1,286 21.38%
PAUL EDWARD MCCOY 987 16.41%
ROBIN RICHARDS 897 14.92%
TRYES CHA 742 12.34%
JACKIE TERWILLIGER 713 11.86%
Total Votes 6,014
Total
Unresolved Write-In 0
DIRECTOR MCCLOUD CSD (Vote for 3)
Precincts Reported: 0 of 1 (0.00%)
Total
Times Cast 485 / 707 68.60%
Candidate Party Total
MICK HANSON 340 34.31%
JIM MULLINS ) 267 26.94%
ALEXANDRIA LEWIS 194 19.58%

LEROY SCARBROUGH '
190 : 19.17%
Total Votes 991
Total
Unresolved Write-In 0
68 Page: 12 of 15 11/28/2022 10:16:49 AM
DIRECTOR TULELAKE IRRIGATION DISTRICT (Vote for 1)
Precincts Reported: 0 of 1 (0.00%)
Total
Times Cast 45 / 64 70.31%
Candidate Party Total

WALTER VAUGHN
WOODHOUSE 14 56.00%
JAMES E. HAVLINA 11 44.00%
Total Votes 25
Total
Unresolved Write-In 0
PROPOSITION 1 (Vote for 1)
Precincts Reported: 0 of 62 (0.00%)
Total
Times Cast 17,907 / 28,735 62.32%
Candidate Party Total
Yes 9,118 52.73%
No 8,175 47.27%
Total Votes 17,293
Total
Unresolved Write-In 0
PROPOSITION 26 (Vote for 1)
Precincts Reported: 0 of 62 (0.00%)
Total
Times Cast 17,907/ 28,735 62.32%
Candidate Party Total
No 12,227 71.27%
Yes 4,929 28.73%
Total Votes 17,156
Total
Unresolved Write-In 0
69 Page:13 of 15
11/28/2022 10:16:49 AM
PROPOSITION 27 (Vote for 1)
Precincts Reported: 0 of 62 (0.00%)
Total
Times Cast 17,907/28,735 62.32%
Candidate Party Total
No 14,685 84.88%
Yes 2,616 15.12%
Total Votes 17,301
Total
Unresolved Write-In 0
PROPOSITION 28 (Vote for 1)
Precincts Reported: 0 of 62 (0.00%)
Total
Times Cast 17,907/ 28,735 62.32%
Candidate Party Total
Yes 9,747 56.19%
No 7,598 43.81%
Total Votes 17,345
Total
Unresolved Write-In 0
PROPOSITION 29 (Vote for i)
Precincts Reported: 0 of 62 (0.00%)
Total
Times Cast 17,907/28,735 62.32%
Candidate Party Total
No 12,408 72.44%
Yes 4,720 27.56%
Total Votes 17,128
Total
Unresolved Write-In 0
70 Page: 14 of 15 11/28/2022 10:16:49 AM
PROPOSITION 30 (Vote for 1)
Precincts Reported: 0 of 62 (0.00%)
Total
Times Cast 17,907/28,735 62.32%
Candidate Party Total
No 11,086 63.75%
Yes 6,303 36.25%
Total Votes 17,389
Total
Unresolved Write-In 0
PROPOSITION 31 (Vote for 1)
Precincts Reported: 0 of 62 (0.00%)
Unresolved Write-In 0
Total
Times Cast 17,907/ 28,735 62.32%
Candidate Party Total
Yes 9,890 56.89%
No 7,493 43.11%
Total Votes 17,383
Total
MEASURE Q (Vote for 1)
Precincts Reported: 0 of 6 (0.00%)
Total
TimesCast 2,606/4,555 57.21% x j
Majority Vote Required to Pass
Candidate Party Total
No 1,278 51.43%
Yes 1,207 48.57%
Total Votes 2,485
Total
Unresolved Write-In 0
71 Page: 15 of 15
11/28/2022 10:16:49 AM
MEASURE R (Vote for 1)
Precincts Reported: 0 of 5 (0.00%)
Total
Times Cast
Candidate Party
2,130/ 3,074 1
Total

69.29%
Majority Vote Required to Pass
Yes 1,613 79.19%
No 424 20.81%
Total Votes 2,037
Total
Unresolved Write-In 0
72 73

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.

December 6, 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.
74 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
75 BUSINESS OF THE COUNCIL OF THE CITY OF YREKA

AGENDA REPORT
For meeting of: December 6, 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.
76 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.
77 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.
78 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 79 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 80
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 81
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 82
To:

From:

Prepared by:

Agenda title:

Meeting date:

Discussion:

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
YrekaCity Council
Juliana Lucchesi, Planning Director
Juliana Lucchesi, Planning Director
Council Action: The City Council is being asked to make recommendations for a Mayoral appointment to two seats on the Planning Commission
December 6, 2022
Currently there are two expired seats on the Planning Commission. The incumbents Richard Rolzinski and Matt Osborn have continued to serve since the expiration of their terms on March 31, 2022. Mr. Osborn resigned as of November 17, 2022. The City Council conducted interviews of four applicants on November 15, 2022. The City Council is being asked to make recommendations for a Mayoral appointment to two seats.

The applicants that are being considered are:
• Dawnmarie Autry
• Matt Osborn (incumbent) has withdrawn interest to reapply • Louise Gliatto
• Ann Ohlund
• Marlee Billingsley
The appointed Planning Commissioners will have an obligation to file a Form 700 Statement of Economic Interests annually, as per the Fair Political Practices Commission, and attend a two-hour self-guided Ethics Training, every two years in compliance with AB 1234. In addition, anti-harassment training will also have to be completed. These are not optional requirements but mandatory to serve on this quasi-judicial body. The two appointees will serve until 3/31/2026.

Fiscal Impact:

No fiscal impact as currently Planning Commissioners serve without a stipend.

Recommendation and Requested Action:

That the City Council make recommendations to the Mayor for a Mayoral appointment to fill two seats on the Planning Commission.

Approved: _____________________________
Jason Ledbetter, City Manager
83 84
Recommendation:

Adopt a Resolution of the City Council of the City of Yreka approving execution of the Memorandum of Understanding between the City of Yreka and the Yreka Peace Officers' Association.

Attachments:
• Yreka Peace Officers Association MOU
85 1
RESOLUTION NO. 2022-52

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

APPROVING EXECUTION OF THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF YREKA AND
THE YREKA PEACE OFFICERS’ ASSOCIATION
WHEREAS, the City Council of the City of Yreka, a municipal corporation, pursuant to California Government Code Section 3500, et seq., enacted an EmployerEmployee Relations policy with its adoption of Resolution No. 2017-10; and, WHEREAS, the City Manager and representatives of the City, and representatives for the Yreka Peace Officers’ Association have met and conferred in good faith; and, WHEREAS, these parties have reached tentative agreement as of October 28, 2022, on matters relating to the employment conditions of said employees as reflected by the written Memorandum of Understanding for the Yreka Peace Officers’ Association all of which the City Council has reviewed; and;
WHEREAS, this Council finds that the provisions and agreements contained in the Memorandum of Understanding are fair and proper and in the best interests of the City.

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 Memorandum of Understanding is hereby approved, and the City Manager or designee is hereby authorized and directed to execute said document, with such changes, insertions and omissions as may be approved by the City Manager.

Section 3. The City Manager, the Finance Director, and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.

Section 4. It is further resolved, If any section, subsection, part, clause, sentence or phrase of this Resolution or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Resolution, the application thereof, shall not be effected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence phrase regardless 86 2
of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.

Section 5. This resolution shall take effect immediately upon its passage.

Passed and adopted this 6th day of December 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
__________________

Mayor
Attest:
_____________________
Rhetta Hogan, City Clerk
87 Memorandum of Understanding
Between the
City of Yreka
And the
Yreka Peace Officers' Association
January 8, 2023, through July 5, 2025
88 Table of Contents
Preamble ............................................................................................................ ............. 1 Article 1 - Recognition ................................... .......................... ....... .. ...... ........ ...... .. .......... 1 Article 2 -Association Rights .. ................................................. .. .............. ......... ....... ... ..... 1

2.1. Deduction of Union Dues ..................................... .. .......................................... 1

2.2. Notice of Meet and Confer ......................... ..................... ......... .. ..... .. ...... .. .. ..... 1

2.3. Non-Discrimination ........................................................ ... ............ ...... .. ........ ... 1

2.4. CPOA Membership .... ................................................................ ........ .. ............ 1 Article 3 - Wages ................................................................. ......... .. ... .... ........ ... ..... ....... ... 2

3.1. Salary Schedule ................. .. ......... ......... .. ......... ......... ............... .. ...... .. ............ 2

3.2. Salary lncreases ............................................................. ... ... ..... ....... ....... .... .... 2

3.3. Uniform Allowance ......................... ........................... ... .... .... .. .......... .. .. ... .. .... ... 2 Article 4 - Overtime Provisions ............................................. .......................... ... ... ........... 2

4.1 . Overtime ........................................................................ ....................... .... .. .. ... 2

4.2. Compensatory Time Off (CT0) ....................................... .. ................. ...... .... .. .. 3

4.3. Call Back Pay ........ ............................................... .. ....... ...................... ............ 3

4.4. Remote Pay ........................................................ ... .. .. ...... ... ........ .... ................. 3

4.5. Standby Time ................... .................................. .. ............... ..... ............... ...... .. 3 Article 5 - Premium Pays ............................................ ............ ............................. ............ 3

5.1 . POST Peace Officer Certificate ................ ..................... .... .. ... .. ..... .. ... ... ...... .. .. 3

5.2. POST Dispatcher Certificate .......... .......................... ... .. .................... ..... ........ .. 3

5.3. POST Records Specialist Certificate .................................................... .... .. ..... 4

5.4. Certified Code Enforcement Officer Certificate ............................ .................... 4

5.5. Canine Pay ................................... ............................. .. .................. ........ .......... 4

5.6. Detective Premium ............................................................... ...... .......... ........... 4

5.7. Training Premium ............. .................................... .................................. ........ . 4

5.8. Narcotic Premium .............. ............. .............................. .............. ........ .... ......... 4 Article 6 - Insurances .. .......... ............................ ............................... ... ................... .. ........ 5

6.1 . Medical and Dental Insurance: .............................. ......... ......... ... .. ....... .... ...... .. 5

6.2. Court-Ordered Health Coverage .. .. ..................... .................................... ......... 6

6.3. Medical Opt-Out .. .. .......................................................... ..... .... ................ ... .... 6

6.4 ~ Vision Insurance: ................................................................. ...... ............. ........ . 6

6.5. Life Insurance: .... .. ......................... ............................ .. ............. ........... .. .......... 6

6.6. California State Disability: .............................................. .. .... .. ............... ........... 7 City of Yreka YPOA
89 Article 7 - Retirement ........................................................... ............. ................. .............. 7 7 .1. CalPERS Retirement ..... .................................... .... ...................... ......... ..... ...... 7

7.2. Safety CalPERS Retirement: ............................ .............. .............. ........ .. ......... 7 7 .3. Miscellaneous Cal PERS Retirement: ...................... ........ ................................ 7

7.4. Deferred Compensation .................................. .. ...... ................ ...... .. .. ............... 8 Article 8 - Leaves ........................................................... ..... .... .................... ......... ... ....... .. 8

8.1. Vacation Leave ...................................................... ... .. ....................... ..... ......... 8

8.2. Holidays ... ....................... .. ........................... .......... ................. ... ................. .. ... 8

8.3. Holiday Pay ...................................................... .... ...... ..... ..... ....... .......... .......... 9

8.4. Holiday-in-lieu ......................... ............. .. ............ .................... .. ..... .... ............... 9

8.5. Sick Leave ....................................................... ........................... .... .. ..... ........ .. 9

8.6. Bereavement Leave ............................................... ..... ... .. .... ........................... 9 Article 9 - Concerted Activities ............................................ .......................... ........... ........ 9 Article 10 - Term .................................................................. .............................. ..... .. .... . 10 City of Yreka ii YPOA
90 Preamble
This Memorandum of Understanding between the City of Yreka (City) and the Yreka Peace Officers' Association (YPOA) has as its purpose the promotion of harmonious labor relations between the City and the YPOA, and the establishment of wages, hours of work, and other conditions of employment pursuant to Government Code Section 3504.

Article 1 • Recognition
YPOA is recognized as the sole and exclusive representative for full-time employees in the following classifications: Administrative Secretary; Animal Control Officer, Code Enforcement Officer, Dispatcher, Police Officer, Police Sergeant, and the Records Specialist.

Article 2 • Association Rights

2.1. Deduction of Union Dues
Upon notice from YPOA the City deducts from the employee's check the dues for YPOA.

The City will provide the YPOA's Treasurer dues each pay period, along with a list of those employees having dues deducted. The Treasurer shall promptly forward to the City's payroll department any change in the dues rate to be deducted. Employees must be directed to YPOA for enrollment and termination of membership. YPOA will promptly notify the City of changes in membership as they occur so that payroll deduction changes can be made in a timely manner.

2.2. Notice of Meet and Confer
The City will provide notice to the YPOA President regarding changes in job classifications or policy that fall within the scope of representation under the MMBA.

YPOA shall have fifteen (15) days to request a meet and confer. Two (2) members of YPOA may be on paid release time while attending meetings with the City during the meet and confer process.

2.3. Non-Discrimination
The City affords equal employment opportunity for all qualified employees and applicants as to all terms of employment, including compensation, hiring, training, promotion, transfer, discipline and termination. The City prohibits discrimination against employees or applicants for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, Union membership/non-membership, political affiliation, or military and veteran status or any other basis protected by law.

2.4. CPOA Membership
The City enrolls Sergeants into the CPOA (California Police Officer Association).

City of Yreka 1 YPOA
91 Article 3 - Wages

3.1. Salary Schedule
The salary schedule consists of five (5) steps, with five percent (5.0%) between steps (A) through (E). The salary schedule is attached as Appendix "A" Salary Schedule, as amended.

3.2. Salary Increases
Effective January 8, 2023, all classifications will receive a five percent (5.0%) salary increase.

Effective January 7, 2024, all classifications will receive a four percent (4.0%) salary increase.

3.3. Uniform Allowance
Animal Control Officers, Code Enforcement Officers, and Police Officers are required to wear uniforms and receive a uniform allowance of thirty-five dollars ($35.00) per pay period. Dispatchers are required to wear uniforms and receive a uniform allowance of twenty-nine dollars ($29.00) per pay period.

Article 4 - Overtime Provisions

4.1. Overtime
A. Sworn employees on a 12-hour shift who are required to work in excess of eighty-four (84) hours in a fourteen (14) day work period receive overtime at time and a half (1.5) their regular rate of pay. Only actual hours worked, sick leave, vacation leave, and CTO count towards the calculation of overtime. Sworn employees are subject to an FLSA work period that is twenty-eight (28) days in length, pursuant to 29 U.S.C. section 207(k).

B. Sworn employees on a 40-hour work-week who are required to work in excess of eighty (80) hours in a fourteen (14) day work period receive overtime at time and a half (1.5) their regular rate of pay. Only actual hours worked, sick leave, vacation leave, and CTO count towards the calculation of overtime. Sworn employees are subject to an FLSA work period that is twenty-eight (28) days in length, pursuant to 29 U.S.C. section 207(k).

C. Non-sworn employees required to work in excess of forty (40) hours in a seven (7) day work period receive overtime at time and a half (1.5) their regular rate of pay. Only actual hours worked, sick leave, vacation leave, and CTO count towards the calculation of overtime.

City of Yreka 2 YPOA
92 4.2. Compensatory Time Off (CTO)
Employees may receive pay or Compensatory Time Off (CTO) at the discretion of the employee, except when responding to an OES or mutual aid event, or when reimbursed by an intergovernmental grant. Employees may accrue a maximum of two hundred (200) hours of CTO. Employees may cash out CTO during the year in which it was accrued, any CTO remaining are paid out on the final paycheck in December.

4.3. Call Back Pay
An employee who is called back to work will receive either a minimum of three (3) hours at their overtime rate, or if the hours are contiguous to their normal work shift the actual hours worked at the applicable rate of pay.

4.4. Remote Pay
Employees who are able to perform work remotely will be paid for a minimum of thirty (30) minutes at their overtime rate per incident or actual time worked whichever is greater.

4.5. Standby Time
An employee who is assigned to be on standby receive fifty dollars ($50.00) per standby shift. While on standby employees will remain within fifteen minutes of their residence or at a location approved by the Chief or designee and able to respond to duty within fifteen (15) minutes of being called to work.

Article 5 - Premium Pays

5.1. POST Peace Officer Certificate
Employees who possess an Intermediate POST Certificate receive POST Certificate pay in the amount of five percent (5.0%) of their base hourly rate of pay.

Employees who possess an Advanced POST Certificate receive POST Certificate pay in the amount of five percent (5.0%) of their base hourly rate of pay.

POST pay is retroactive to the date of the POST certificate, provided that the employee submits the certificate to the Chief of Police within 30 days of receipt.

5.2. POST Dispatcher Certificate
Employees who possess a Dispatcher Intermediate POST Certificate receive POST Certificate pay in the amount of two and a half percent (2.5%) of their base hourly rate of pay.

Employees who possess a Dispatcher Advanced POST Certificate receive POST Certificate pay in the amount of two and a half percent (2.5%) of their base hourly rate of pay.

City of Yreka 3 YPOA
93 POST pay is retroactive to the date of the POST certificate, provided that the employee submits the certificate to the Chief of Police within 30 days of receipt.

5.3. POST Records Specialist Certificate
A Records Specialist who possess a POST Professional Records Supervisor Certificate receive POST Certificate pay in the amount of two and a half percent (2.5%) of their base rate of pay.

5.4. Certified Code Enforcement Officer Certificate
Code Enforcement Officers who possess and maintain a Certified Code Enforcement Officer (CCEO) Certificate issued by the California Code Enforcement Officers Association (CCEOA) receive CCEO pay in the amount of two and half percent (2.5%) of their base hourly rate of pay.

Employees are responsible-for renewing their CCEO certificate and providing the renewal to the Chief of Police. CCEO pay is retroactive to the date of the CCEO certificate, provided that the employee submits the certificate to the Chief of Police within thirty (30) days of receipt.

5.5. Canine Pay
Employees who are routinely and consistently assigned a canine receive an additional three and a half (3.5) hours per week at one and a half times the California minimum wage for the care and maintenance of the canine. In addition, employees who are routinely and consistently assigned a canine will receive Canine Pay in the amount of two and a half percent (2.5%) of their base hourly rate of pay for the duration of the assignment.

5.6. Detective Premium
A Police Officer who is routinely and consistently assigned as a detective receives Detective Premium in the amount of five percent (5.0%) of their base rate of pay.

5. 7. Training Premium
Police Officers and Dispatchers who are routinely and consistently assigned to train employees receive training premium in the amount of five percent (5.0%) of their base hourly rate of pay when assigned a trainee.

5.8. Narcotic Premium
Employees who are routinely and consistently assigned to drug enforcement receive Narcotic Premium in the amount of two and a half percent (2.5%) of their base hourly rate of pay for the duration of the assignment.

City of Yreka 4 YPOA
94 Article 6 - Insurances

6.1. Medical and Dental Insurance:

The City contracts for employee, dependents, retirees, and dependents medical insurance benefit plans through the CalPERS Public Employees Medical and Hospital Care Program. Employee deductions are "pre-tax."
Effective plan year 2023, the City contributes up to the following amounts towards employee medical insurance coverage and cafeteria plan benefits:

Tier Medical Benefit Cafeteria Plan Benefit Total Benefit Employee only Note 1 Note 2 Note 3
Employee plus one Note 1 Note 2 Note 4
Employee plus family Note 1 Note 2 Note 5
Note 1: The Medical Benefit is equal to the minimum established annually by CalPERS.

Note 2: Cafeteria Plan Benefit is equal to the difference between the Medical Benefit and the Total Benefit.

Note 3: The total benefit is equal to $701.00 plus 100% of the dental premium.

Note 4: The total benefit is equal to $1,404.00 plus 100% of the dental premium.

Note 5: The total benefit is equal to $1,825.00 plus 100% of the dental premium.

Effective plan year 2024, the City contributes up to the following amounts towards employee medical insurance coverage and cafeteria plan benefits:

Tier Medical Benefit Cafeteria Plan Benefit Total Benefit Employee only Note 1 Note 2 Note 3
Employee plus one Note 1 Note 2 Note 4
Employee plus family Note 1 Note 2 Note 5
Note 1: The Medical Benefit is equal to the minimum established annually by CalPERS.

Note 2: Cafeteria Plan Benefit is equal to the difference between the Medical Benefit and the Total Benefit.

Note 3: The total benefit is equal to $758.00 plus 100% of the dental premium.

Note 4: The total benefit is equal to $1,516.00 plus 100% of the dental premium.

Note 5: The total benefit is equal to $1,971.00 plus 100% of the dental premium.

City of Yreka 5 YPOA
95 Effective plan year 2025, the City contributes up to the following amounts towards employee medical insurance coverage and cafeteria plan benefits:

Tier Medical Benefit Cafeteria Plan Benefit Total Benefit Employee only Note 1 Note 2 Note 3
Employee plus one Note 1 Note 2 Note 4
Employee plus family Note 1 Note 2 Note 5
Note 1: The Medical Benefit is equal to the minimum established annually by CalPERS.

Note 2: Cafeteria Plan Benefit is equal to the difference between the Medical Benefit and the Total Benefit.

Note 3: The total benefit is equal to $819.00 plus 100% of the dental premium.

Note 4: The total benefit is equal to $1,637.00 plus 100% of the dental premium.

Note 5: The total benefit is equal to $2, 128.00 plus 100% of the dental premium.

6.2. Court-Ordered Health Coverage
An employee with court-ordered dependent health coverage .must show proof of that order in the form of a qualified domestic relations' order ("QDRO") before dependent coverage can be extended and otherwise meet the standards and regulations of the CalPERS Health Plan.

6.3. Medical Opt-Out
An employee who is currently opting out as of December 1, 2022, and elects to opt-out of City offered health insurance, is eligible for an opt-out payment of $203 per pay period (opt-out payment). Effective January 7, 2024, the opt-out payment is $157 per pay period.

Effective January 5, 2025, the opt-out payment is $111 per pay period. Effective January 4, 2026, the opt-out payment is $65 per pay period. Effective January 3, 2027, the optout is eliminated. An employee who is opting out may accept medial insurance, but are no longer eligible to opt-out in the future. The opt-out payment is taxable income and paid bi-weekly.

6.4. Vision Insurance:

The City provides California Vision Service Plan (VSP) Plan B for employees and dependents. The City retains the right to self-insure at the same benefit level.

6.5. Life Insurance:

The City provides life insurance equal to the amount of the employee's annual gross base salary and dependent coverage of one thousand dollars ($1,000) per spouse and child.

City of Yreka 6 YPOA
96 6.6. California State Disability:

Employees contribute to the California State Disability Insurance program (includes SDI and Paid Family Leave benefits).

Article 7 - Retirement

7.1. CalPERS Retirement
The City contracts with California Public Employees Retirement System (CalPERS) for retirement benefits.
7 .2. Safety CalPERS Retirement:

Employees hired after June 30, 1974, who are not classified as new member members receive the 2% at 50 safety Cal PERS formula (1085) with the three (3) year final average compensation period. These employees pay the required nine percent (9%) member contribution, on a pre-tax basis.

Employees hired after December 31, 2012, who are classified as new members receive the 2.7% at 57 safety CalPERS formula (25443) with the three (3) year final average compensation period. These employees pay half of the total normal cost as determined annually by CalPERS on a pre-tax basis.

Safety retirement formulas have the following optional CalPERS retirement benefits:

Military Service Credit
Sick Leave Service Credit
2% Retirement COLA
7 .3. Miscellaneous CalPERS Retirement:

Employees hired after June 30, 1974, who are not classified as new members receive the 2% at 55 miscellaneous CalPERS formula (1084) with the three (3) year final average compensation period. These employees pay the required seven percent (7%) member contribution, on a pre-tax basis.

Employees hired after December 31, 2012, who are classified as new members receive the 2% at 62 miscellaneous CalPERS formula (26550) with the three (3) year final average compensation period. These employees pay half of the total normal cost as determined annually by CalPERS on a pre-tax basis.

Miscellaneous retirement formulas have the following optional CalPERS retirement benefits:
• Military Service Credit
• Sick Leave Service Credit
• 2% Retirement COLA
City of Yreka 7 YPOA
97 7 .4. Deferred Compensation
The City matches one dollar ($1.00), for every two dollars ($2.00) contributed by the employee into their deferred compensation account. The maximum City match is $1,750 per year, effective, January 7, 2024, the City match is $2,000 per year. The City's contribution is deposited into the employee's 457 plan.

Article 8 · Leaves

8.1. Vacation Leave
Employees accrue vacation as follows:

Months of Employment Accrual Per Pay Period
0-60 3.08
61-180 4.62
181+ 6.15
Vacation Cap
120 hours
180 hours
240 hours
Part-time employees accrue vacation on a pro-rata basis. Part-time employees who become full-time without a break in service will for the purpose of computing months of employment for their vacation accrual rate receive one (1) month of employment for each one hundred seventy-three (173) hours of part-time employment.

Vacation Caps are enforced annually on December 31, employees whose balances exceed the cap will not accrue vacation until their balances fall below the cap.

8.2. Holidays
The City Recognizes the following holidays:

Holiday Date r.iii11-·twmc:'. Holiday Name Observed -
July 4th Independence Day
First Monday in September Labor Day
November 11th Veteran's Day
Last Thursday in November Thanksgiving Day
Friday Following Thanksgiving Day After Thanksgiving Day December 24th Christmas Eve
December 25th Christmas Day
January 1st New Year's Day
Third Monday in January Martin Luther King Day
Third Monday in February President's Day
Last Monday in May Memorial Day
City of Yreka 8 YPOA
98 8.3. Holiday Pay
For non-safety employees (other than dispatchers):

When a holiday falls on a Sunday, the following Monday is observed as the holiday and when a holiday falls on a Saturday, the preceding Friday is observed as the holiday.

Should December 24th fall on a Friday, December 23rd is observed as the holiday. Should December 25th fall on a Monday, December 25th is observed as the holiday.

Employees receive twenty-four (24) offloating holidays annually on the first full pay period in January. Floating holidays must be used or forfeited by December 31.

Floating holidays for new employees are prorated as follows:

Hire Date Proration ::;..L.--
January 1 - March 31 24 hours
April 1 - June 30 18 hours
July 1 - September 30 12 hours
October 1 - December 31 6 hours

8.4. Holiday-in-lieu
Police Officers, Sergeants, and Dispatchers are in positions that are scheduled to work without regard for the holidays listed above. These employees will receive holiday-in-lieu in the amount seven percent (7.0%) of their base hourly rate of pay in lieu of receiving any other form of holiday compensation.

8.5. Sick Leave
Employees accrue 3.69 hours of sick leave per pay period. Part-time employees accrue sick leave on a pro-rated basis.

8.6. Bereavement Leave
Employees may take up to twenty-four (24) hours of bereavement leave for the death of an immediate family member. "Immediate family" is defined as the employee's: spouse, domestic partner, child, parent, grandparent, grandchild, brother, sister, mother/father-inlaw, brother/sister-in-law, or has met the criteria for a loco parentis relationship.

Article 9 - Concerted Activities
A. The parties acknowledge that the services performed by employees are essential to the public health, safety, and general welfare of the residents of the City of Yreka. YPOA will not recommend, encourage, cause or permit its members to initiate, participate in, nor will any employee take part in any strike, sit-down, stayin, sick-out, or slow-down to affect an employer-employee relations position (workstoppage), in any office or department of the City, nor to curtail any work or restrict any production, or interfere with any operation of the City. Picketing is prohibited City of Yreka 9 YPOA
99 on matters involving wages, insurance coverage and leaves from work during the term of this Memorandum. In the event of any such work stoppage by any employee, the City is not required to negotiate on the merits of any dispute, which may have given rise to such work stoppage until the work stoppage ends.

B. The City agrees not to lock out employees.

C. In the event of any work stoppage during the term of this Memorandum, whether by YPOA or any employee, YPOA through its officers, must immediately declare in writing that such work stoppage is illegal and unauthorized, and further direct its members in writing to cease the conduct and resume work. Copies of written notice must be served upon the City. The City has the right to discipline, to include discharge, any employee who instigates, participates in, or gives leadership to any prohibited work stoppage, and the City has the right to seek full legal redress, including damages, as against any such employee.

Article 10 - Term
This Memorandum of Understanding is effective January 8, 2023, and remains In full force and effect through July 5, 2025.

City of Yreka
Mi :- Chief Negotiator
Liebert Cassidy Whitmore
C}JM dh--
Jo-M: Eslnab
Human Resources Director
son Ledbetter
City Manager
City of Yreka 10
Date: --------
Yreka Peace Officers' Association
Kash Hasemeyer
Vice-President, YPOA
100
YPOA
Appendix A - Salary Schedule
City of Yreka
Yreka Peace Officers' Association
For Period 1/8/2023 to 7/5/2025
YPOA Annual Salary Schedule - Effective 1/8/23 to 1/6/2024 -- JOB TITLE UNIT COLA RANGE STEP A STEPB STEPC STEPD STB'E --- DISPATCHER YPOA 1.05 1185 42,171 .67 44,280.26 46,494.28 48,819.00 51,259.95 ANMAL CONTROL YPOA 1.05 1230 43,926.32 46,122.64 48,428.78 50,850.22 53,392.74 CODE ENFORCEMENT OFFICER YPOA 1.05 1265 48,318.96 50,734.91 53,271.66 55,935.25 58,732.02 ACWllNISTRA TIVE SECRET ARY YPOA 1.05 1308 46,680.34 49,014.36 51,465.08 54,038.34 56,740.26 RECORDS SPECIALIST YPOA 1.05 1308 46,680.34 49,014.36 51,485.08 54,038.34 56,740.26 POLICE OFFICER YPOA 1.05 1500 58,373.14 81,291.80 84,356.39 67,574.21 70,952.93 SERGEANT YPOA 1.05 2100 74,500.57 78,225.60 82,136.88 86,243.73 90,555.92 ---
YPOA Annual Salary Schedule - Effective 1n124 to 7/5/2025 JOB TITLE UNIT COLA RANGE STB'A STEPB STEPC STEPD STEP E -- DISPATCHER YPOA 1.04 1185 43,858.54 46,051.47 48,354.05 50,771.76 53,310.35 ANIMAL CONTROL YPOA 1.04 1230 45,683.38 47,967.55 50,365.93 52,884.23 55,528.45 CODE ENFORCEMENT OFFICER YPOA 1.04 1265 50,251.72 52,764.31 55,402.53 58,172.88 61,081.30 ADMINISTRATIVESECRETARY YPOA 1.04 1308 48,547.56 50,974.94 53,523.69 56,199.88 59,009.88 RECORDS SPECIALIST YPOA 1.04 1308 48,547.56 50,974.94 53,523.69 56,199.88 59,009.88 POLICE OFFICER YPOA 1.04 1500 60,708.07 63,743.48 66,930.66 70,277.20 73,791.06 SERGEANT YPOA 1.04 2100 77,480.60 81,354.63 85,422.37 89,693.49 94,178.17 City of Yreka 11 YPOA
101

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
PREPARED BY: Emily Aldrich, Finance Director,
AGENDA TITLE: Discussion possible action regarding request for waiver of Development Impact Fees for Mr. & Mrs. Schmidt investment property
MEETING DATE: Tuesday, December 6, 2022
Discussion:

Mr. & Mrs. Schmidt entered into a Development Impact Fee Deferral Agreement April 4, 2017, in the amount of $6,994.42 which at the time represented fifty (50%) precent of the current Development Impact Fees; the property:

BEING A PORITON OF LOT 3, BLOCK 5, OF THE CITY OF YREKA, A PORITON OF SECTION 22, TOWNSHIP 45 NORTH, RANGE 7 WEST M.D.M IN THE INCORPORATED CITY OF YREKA, SISKIYOU COUNTY CALIFORNIA.

PARCEL 2, AS SHOW ON THE PARCEL MAP NUMBER 2016-5, DATED MAY 2016 AND RECORDED THE 24TH DAY OF JUNE, 2016 IN PARCEL, MAP BOOK 14 AT P AGE 60, SAID RECORDS OF SISKIYOU COUNTY CALIFORNIA.

The agreement stipulated that the amount was due payable in full within one year of the effective date of the agreement. In the event that the DIF was not paid timely per the agreement, the amount of the DIFs shall be determined in accordance with the Development Impact Fee schedule in effect when the DIFs are actually paid, or the schedule in effect at the end of the deferral period as set forth in the Yreka Municipal Code chapter 11.23, whichever amount is greater.

This agreement and Deed of Trust have been recorded against the Property in the Office of the Siskiyou County Recorder and constitutes a lien for the payment.

City Fiscal Impact:

Mr. Schmidt is requesting Council honor the $6,994.43 (50% of the 2017 DIP). Current amount owed as of today is $22,442.66; which includes the fees plus interest and penalties.

Recommendation and Requested Action:

Staff recommends that the note stays in place as is and will be satisfied upon sale of the property or Mr. & Mrs. Schmidt pay the amount in full.
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
Prepared by: Juliana Lucchesi, AICP, Planning Director
Agenda Title: 12.a. 2022-28 Whipple Tentative Parcel Map: Public Hearing Meeting date: December 6, 2022
Recommended Action:

Motion to approve City Council Resolution 2022-53 recommending approval of the proposed tentative parcel map number 2022-28 for City Council consideration and adopting a Class 15 categorical exemption from CEQA
Summary:

The City of Yreka received an application from Todd and Stacy Whipple to divide Assessor’s Parcel Number 053-711-100 into two new parcels with a remainder. The two proposed parcels are immediately adjacent to the public right-of-way (North View Drive) in the northwest corner of City Limits. There are no proposed changes to the General Plan Designation of Low Density Residential or the Low Density Residentials (R-1) Zoning designation. The applicant proposes to construct two single-family houses on Parcel 1 & Parcel 2.

Project Location:

The proposed tentative parcel map would subdivide Assessor’s Parcel Number 053-711-100. There are not structures on the property; therefore, there are no situs addresses assigned to the parcel yet. The parcel is in the northwest portion of the city immediately adjacent to North View Drive.

Surrounding Conditions and Uses:

The properties within City Limits to the southwest of the project have a General Plan Land Use Designation of Low Density Residential. The properties to the east have General Plan Designations of General Commercial and High Density Residential. The properties to the north and west of the proposed project are in unincorporated Siskiyou County with a County General Plan Designation of NonPrime Agriculture.

The properties within City Limits south of the proposed project are R-1 Low Density Residential. The property east of the proposed remainder is zoned R-3 High Density Residential and CH Commercial Highway.
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The uses of the surrounding properties are as follows:
• North – undeveloped timberland
• South – single-family residences and the Yreka High School • West – undeveloped timberland and single family residence • East – undeveloped commercial land
General Plan & City Code Consistency:

The proposed subdivision would not change the General Plan Land Use Designation or the Zoning Code Designation; therefore, the proposed new parcels map would conform to the lot standards of the R1 Low Density Residential:

6.18.030 - Density/Intensity.

A. One to six (6) housing units per gross acre.

B. Minimum parcel size: Seven thousand (7,000) square feet. (Subject to the provisions of § 15.04.095).

C. One family unit per seven thousand (7,000) square feet of lot area.

D. Maximum Coverage Residential Uses: Forty (40) percent.

16.18.040 - Site Development Standards.

A. Setbacks, minimum

1. Front:
(a) Dwelling: Twenty (20) feet;
(b) Attached garage or carport: Twenty (20) feet;
(c) Detached garage or carport of six hundred and fifty (650) square feet or less: Twenty (20) feet;
(d) Detached garage or carport exceeding six hundred
and fifty (650) square feet: Sixty (60) feet;
(e) Accessory Building: Sixty (60) feet.

2. Rear:
(a) Dwelling: Twenty (20) feet;
(b) Attached garage or carport: Twenty (20) feet;
(c) Detached garage or carport: Five (5) feet;
(d) Accessory Building(s): Five (5) feet.
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3. Side: Ten (10) feet on one side and five (5) feet on the other.

In the event the lot is located on a corner, the interior side shall be a minimum of five (5) feet and the exterior side shall be a minimum of twenty (20) feet.

B. Building

1. Maximum Height:
(a) Dwelling: Twenty-five (25) feet;
(b) Churches, parks, playgrounds, schools, public and
quasi-public buildings and uses: Forty-five (45) feet;
(c) Accessory: Fifteen (15) feet; twenty-five (25) feet if it is determined by the Planning Director that there is no significant view obstruction to adjacent properties.

C. Lot Dimensions (minimum)

1. Width:
(a) Seventy (70) feet.
(b) Cul-de-sac lot: Seventy (70) feet at seventeen (17) feet from property line, actual street frontage never to be less than twenty (20) feet.

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

D. Parking, Required Minimum:

1. Two (2) garage or carport spaces per residential unit;

2. The driveway approach shall be paved with concrete for parcels improved with sidewalk, otherwise it may be paved with asphalt or double chip and seal. The access drive shall be paved with concrete, asphalt, double chip and seal, or other all weather surface for a distance of not less than twenty (20) feet from the public street with a minimum width of ten (10) feet.

Compliance with the zoning code for the proposed single-family residences will occur at the time of a building permit application.

Environmental Review:
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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 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 by the Planning Commission at the November 16, 2022 regular meeting.

The Old Yreka Ditch, City of Yreka
The Old Yreka Ditch (also known as the Old Big Ditch) is recognized by the citizens of Yreka and greater Siskiyou County as an important physical reminder of the early settlement and development of the region. The Big Ditch is known by several names and totaled a reported 95 miles in length. We wish to encourage private landowners to respect this community asset to the best degree possible so that future generations may witness this remarkable feature as well. Under CEQA, a physical feature like the Big Ditch is considered culturally and historically relevant and requires Lead Agency evaluation for preservation purposes.

The project applicant is not proposing to impact the Big Ditch as part of future construction as this time, but could if the construction location changes. In order to preserve the integrity of the remaining segments of the Old Yreka Ditch system, the City of Yreka requests that the following Conditions of Approval are followed during development of the current parcel (APN 053-711-100):
1) In planning the precise locations for the proposed residence, avoid placing any physical structure or building, roadways, utility alignments, leech fields, and fence lines, to the degree feasible, within the immediate Old Yreka Ditch and earthen berms with a 10-foot buffer area on each side of the feature.
2) Avoid direct impact during ground disturbing (construction) activities to the Old Yreka Ditch and berm and 10-foot buffer areas.
3) Maintain the general setting and physical integrity of the Old Yreka Ditch and 10-foot buffer areas during residency at the property by avoiding ground disturbing activities within that area.
4) The requirement for protection and maintenance of the historic feature shall pass to all future landowners.

Findings:
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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 (Attachment 3). Many of the recommendations are already required by law but have been added to ensure compliance at the time of any development.

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 received several comments and requests for information on the project. Comments were generally support for the proposed project and construction of the single-family residences.

Planning Commission Actions:

The Planning Commission approved that attached Resolution 2022-07 by a 4-0-1 vote with Commissioner O’Brien absent. The Commission had questions about the conditions imposed related to California Department of Fish and Wildlife (CDFW) compliance and why they were added to the parcel split. The property and the unincorporated county lands to the west are undeveloped and have the potential to sustain wildlife and plant species that are considered sensitive species. Specifically, Yreka phlox has been found within 1 miles of the project that 118
could indicate suitable habitat. These factors elevate the need for additional conditions to ensure compliance with state and federal conservation laws.

Staff Recommendation:

City Staff recommend the City Council approve Resolution 2022-XX with the conditions outlined in Attachment 3. 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. 2022-28 Whipple Tentative Parcel Map Application

2. City Council Resolution 2022-XX “A Resolution of the City Council of the City of Yreka Approving for Tentative Parcel Map No. 2022-28 for the Subdivision of One 114.59-Acre Parcel into Two Parcels and a Remainder with Conditions.

3. 2022-28 Whipple Tentative Parcel Map Proposed Conditions of Approval and Map

4. Planning Commission Resolution 2022-07 “A Resolution of the Planning Commission of the City of Yreka Recommending Approval for Tentative Parcel Map No. 2022-28 for the Subdivision of One 114.59-Acre Parcel into Two Parcels and a Remainder with Conditions and Adoption of a Class 15 Categorical Exemption from the California Environmental Quality Act. 119
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LAND OWNERS
FINLEY BROS. PROPERTIES LLC
(2/3 interest)
TODD W. WHIPPLE & STACEY R.

WHIPPLE, TRUSTEES
(1/3 interest)
160'
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WALK /MPROVMTS
LOT 21
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/ i'::, ::: LOT# NAME VESTING DOCUMENT
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0 LOT 21
LOT 22
LOT 23
LOT 25
LOT 27
LOT 28
ACUNA
NIXON

RHEAULT

CHESLER

GALLOWAY

CALLISON
DOC. 2020-0009544
DOC. 2020-00008589
DOC. 12-0011729
DOC. 2015-0004987
DOC. 2020-0001993
DOC. 2015-0011694
I;

APPLICANT

TODD WHIPPLE
5317 SCHULMEYER GULCH RD
YREKA, CA 96097
(530) 598-7366
AC R
......__

TENTATIVE PARCEL MAP
PORTIONS OF GOVERNEMENT LOTS 9, 10, 16
AND 17 IN SECTION 15, GOVERNMENT
LOT 1 IN SECTION 22, AND LOTS 4037,
43, 62, 64 & 66 IN SECTIONS 15 & 22,
T 45 N, R 7 W, M.D.M.

IN THE CITY OF YREKA

COUNTY OF SISKIYOU
SEPTEMBER, 2022
I APN 053-711-100 I SEP 2 6 2022
_w_ATE_R_s_u_P_P_Lv ____ c"""'ITY oF y -.r::.KA

CITY WATER AT THE END OF NORTH VIEW DRIVE

AND DISCOVERY STREET, AS SHOWN

SEWAGE DISPOSAL

CITY SEWER AT THE END OF NORTH VIEW DRIVE

AND DISCOVERY STREET, AS SHOWN

ROAD IMPROVEMENTS

NONE PROPOSED
ZONING
R-1 (SINGLE FAMILY RESIDENTIAL)
R-2 (MEDIUM DENSITY RESIDENTIAL)
R-3-12 (EASTERLY PORTION OF REMAINDER PARCEL,

HIGH DENSITY RESIDENTIAL)

EASEMENT NOTES
THE FOLLOWING EASEMENTS MAY EFFECT THE PROPERTY.

BUT ARE BLANKET IN NATURE, AND NOT SPECIFIC
AS TO LOCATION:

1. AN EASEMENT FOR ELEC. WIRES, IN THE SE
1/4 OF THE SE1/4 OF SEC. 15 PER
61/DEEDS/323 & 61/DEEDS/577

2. SEVERAL EASEMENTS TO CAL. OREGON POWER CO.

FOR POLE LINES, WHICH MAY EFFECT THE

EASTERLY PORTION OF THE PARCEL, AS DESCRIBED
IN THE FOLLOWING DOCUMENTS:
409 /DEEDS /294, 231 /OR/487, 231 /OR, 504
294 /OR/169, 378/0R/251, 389 /OR/289, 392/0R/532,
404/0R/86, 446/0R/567
PREPARED BY:

DANIEL WALLACE, PLS 6874
11239 BALL MTN. ROAD
MONTAGUE, CA 96064
(530) 340-0077
REVISION DATE: ~/26/2022
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CITY OF YREKA CITY COUNCIL RESOLUTION CC 2022-53

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF YREKA APPROVING FOR TENTATIVE
PARCEL MAP NO. 2022-28 FOR THE SUBDIVISION OF
ONE 114.59-ACRE PARCEL INTO TWO PARCELS

AND A REMAINDER WITH CONDITIONS
WHEREAS, Todd and Stacy Whipple, Applicant, has filed an application for Tentative Parcel Map No. 2022-28 to subdivide one 114.59-acre parcel into three separate parcels, one 37.48-acre parcel, one 0.52-acre parcel, and one 76.59-acre parcel. There are currently no structures or development on the existing parcel. The applicants proposed to erect a single-family residence on each of the proposed parcels. The two proposed parcels are immediately adjacent to the public right-of-way (North View Drive) in the northwest corner of City Limits.; 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 November 23, 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 City Council 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 Tuesday, December 6, 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 at the November 16, 2022 Regular Meeting; NOW, THEREFORE, BE IT RESOLVED, that the City Council 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 December 6, 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 123
c. The tentative parcel map is consistent with Title 16 of the Yreka Municipal Code (“Zoning”)
Section 3. The City Council approves the proposed project subject to the following conditions:

1. The Whipple Tentative Parcel Map shall be in substantial conformance to Exhibit B, dated September 26, 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 unless an extension has been approved in accordance with Section 15.12.090 of the Yreka Municipal Code. All Conditions of Approval must be completed, and the Final Map must be recorded prior to the expiration date 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 from 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. In planning the precise locations for the proposed residence, the applicant shall avoid placing any physical structure or building, roadways, utility alignments, leech fields, and fence lines, to the degree feasible, within the immediate Old Yreka Ditch and earthen berms with a 10-foot buffer area on each side of the feature.

7. The applicant shall avoid direct impact during ground disturbing (construction) activities to the Old Yreka Ditch and berm and 10-foot buffer areas.

8. The applicant shall maintain the general setting and physical integrity of the Old Yreka Ditch and 10-foot buffer areas during residency at the property by avoiding ground disturbing activities within that area.

9. The requirement for protection and maintenance of the historic feature shall pass to all future landowners.

10. A final map shall be required to subdivide the property into two parcels and a remainder as presented in Exhibit B.

11. The project applicant shall create and record all noted easements in Exhibit B for underground electric, ingress, and egress with the final parcel map. 124

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

13. 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, Yreka Municipal Code, and all other applicable city, state, and federal codes. 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.

14. 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.

15. 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.

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

17. 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
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18. 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.

19. At the time of construction of any structures or site modification on the proposed parcels, a basic biological assessment shall be conducted. A basic biological assessment would include botanical, wildlife, and habitat surveys (conducted at the appropriate time of the year) to determine whether focused or protocol-level surveys are warranted. All plant and wildlife species identified in the California Natural Diversity Database (CNDDB) and other biological resource databases (U.S. Fish and Wildlife Service, California Native Plant Society, or other pertinent references) should be analyzed for the potential to occur within the Project area. The following shall be included in the biological assessment:
a. Date/time/weather conditions during the survey(s).
b. A description of the natural environment.
c. A list of common and special status plant and wildlife species as well as habitats present onsite at the time of the survey(s).
d. Rare/local/unusual species and habitats present during the survey(s). e. A thorough assessment of rare plants and sensitive natural communities should be conducted following the Department’s March 2018 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities
(https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline). f. If habitat is present for special status plants or wildlife, focused species-specific surveys should be conducted at the appropriate time of year and/or time of day when the species are active or otherwise identifiable. Acceptable species-specific survey procedures should be developed in consultation with the Department and the U.S. Fish and Wildlife Service. Links to some survey procedures are provided on the Department’s website (https://wildlife.ca.gov/Conservation). g. If any special-status species are found during surveys, the Department requests that CNDDB forms be filled out online and submitted. Instructions for providing data to the CNDDB can be found at: https://wildlife.ca.gov/Data/CNDDB/SubmittingData. h. Impacts to and maintenance of wildlife corridor/movement areas and other key seasonal use areas should be fully evaluated and provided. i. A discussion of impacts associated with increased lighting, noise, human activity, impacts of free-roaming domestic animals including dogs and cats, changes in drainage patterns, changes in water volume, velocity, quantity, and quality, soil erosion, and/or sedimentation in streams and watercourses on or near the Project site.
j. Mitigation measures for adverse Project-related impacts to sensitive plants, wildlife, and habitats should be developed and thoroughly discussed. Mitigation measures should first emphasize avoidance and reduction of Project impacts. For unavoidable impacts, the feasibility of on-site habitat restoration or enhancement should be discussed. If on-site mitigation is not feasible, off-site mitigation through 126
habitat creation, enhancement, acquisition, and preservation in perpetuity should be addressed.
k. As the Project site has the potential to support aquatic, riparian, or wetland habitat, a delineation of lakes, streams, and associated riparian habitats potentially affected by the Project should be provided for agency and public review. This report should include a preliminary jurisdictional delineation including wetlands identification pursuant to the U. S. Fish and Wildlife Service wetland definition as adopted by the Department. Please note that some wetland and riparian habitats subject to the Department’s authority may extend beyond the jurisdictional limits of the U.S.

Army Corps of Engineers. The jurisdictional delineation should also include mapping of ephemeral, intermittent, and perennial stream courses potentially impacted by the Project. In addition to “federally protected wetlands” (see CEQA Appendix G (IV)(c)), the Department considers impacts to any wetlands (as defined by the Department) as potentially significant.

20. Botanical Surveys: Botanical surveys shall be conducted across the entire Project site during the appropriate blooming time prior to the approval of construction or site modification. 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.

If no special status plant species are found during the botanical survey, no other measures will be required. However, if drought conditions exist, additional pre-construction 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 should be allowed. Botanical survey results should be emailed to CDFW at [email protected] and the City of Yreka Planning Department.

21. Nesting Birds: 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 should be implemented:

I. Vegetation removal and other ground-disturbance activities associated with construction should occur between September 1 and January 31, when birds are not nesting; or
II. If vegetation removal or ground disturbance activities occur during the nesting season, a pre-construction nesting bird survey should be conducted by a qualified biologist to identify active nests in and adjacent to the Project area.

Surveys should begin prior to sunrise and continue until vegetation and nests have been sufficiently observed. The survey should 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 127
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 should 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 City of Yreka Planning Department and CDFW upon completion via email to [email protected]. The survey should be conducted no more than one week prior to the initiation of construction or site modifications. If construction activities are delayed or suspended for more than two weeks after the pre-construction nesting bird survey, the site should be resurveyed.

22. Bats: The Project area contains potential suitable for several bat species. Trees that contain cavities, crevices and/or exfoliated bark have high potential to be used by various bat species. If the Project will impact trees with the above-referenced characteristics, a thorough survey of the large trees should be conducted by a qualified biologist or arborist familiar with these features, to determine if tree features and habitat elements are present.

Trees with features potentially suitable for bat roosting should be clearly marked and the following should occur prior to removal.

If removal or disturbance of trees identified to have roost structure 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 conducting 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.

23. Drainage Features: Based on analysis of aerial photos, a solid blue line indicates a drainage runs through what is now proposed as Parcels 1 and 2. This drainage feature flows directly into Yreka Creek, a known anadromous fish waterway and the drainage itself may serve as potential habitat for several special status species known to occur in the area. The Department requires the placement of a 50-foot no-disturbance/habitat protection buffer 128
along this drainage. This buffer should begin at the outer edge (drip-line) of riparian canopy, if present, or top of stream bank, if riparian canopy is absent, or edge of the floodplain, whichever creates a larger buffer. The no-disturbance buffer zone shall be designated on the recorded Parcel Map to ensure future site improvements do not encroach into the buffer zone. No-disturbance buffers are an important tool for protecting water quality and, protecting species and habitat from runoff, sedimentation, erosion and impacts from increased light and noise associated with development.

24. 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 requiresthat 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.

25. Trenching: If trenching will occur as a result of Project 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.

26. Lake or Streambed Alteration Agreement: Notification pursuant to Section 1602 et seq. of the Fish and Game Code may be applicable. To obtain information about the 1600 Notification process, please access the Department’s website at:
https://www.wildlife.ca.gov/Conservation/LSA

27. California Endangered Species Act: CNDDB observations identify Yreka Phlox (Phlox hirsuta), a state endangered botanical species, to occur within 1 mile of the Project area, and suitable habitat for this species may occur onsite. 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 take 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.

28. 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 4. 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 5. This Resolution shall take effect immediately upon its passage. 129
The foregoing Resolution was adopted by the City Council on the 6th day of December 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Mayor
ATTEST:
__________________________________
Shella Rhetta Hogan, City Clerk
130

CITY OF YREKA
TENTATIVE PARCEL MAP PERMIT NO. 2022-28

DRAFT CONDITIONS OF APPROVAL
APPLICANT: TODD AND STACY WHIPPLE
ASSESSOR’S PARCEL NUMBER: 053-711-100
PROJECT LOCATION: PORTIONS OF GOVERNEMENT LOTS 9,
10, 16, AND 17 IN SECTION 15, GOVERNMENT LOT 1
IN SECTION 22, AND LOTS 4037, 43, 62, 64 & 66
IN SECTIONS 15 & 22, T 45 N, R 7 W, M.D.M.

IN THE CITY OF YREKA
Planning Department

1. The Whipple Tentative Parcel Map shall be in substantial conformance to Exhibit B, dated September 26, 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 unless an extension has been approved in accordance with Section 15.12.090 of the Yreka Municipal Code. All Conditions of Approval must be completed, and the Final Map must be recorded prior to the expiration date 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 from 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. In planning the precise locations for the proposed residence, the applicant shall avoid placing any physical structure or building, roadways, utility alignments, leech fields, and fence lines, to the degree feasible, within the immediate Old Yreka Ditch and earthen berms with a 10-foot buffer area on each side of the feature.

7. The applicant shall avoid direct impact during ground disturbing (construction) activities to the Old Yreka Ditch and berm and 10-foot buffer areas.

8. The applicant shall maintain the general setting and physical integrity of the Old Yreka Ditch and 10-foot buffer areas during residency at the property by avoiding ground disturbing activities within that area.
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9. The requirement for protection and maintenance of the historic feature shall pass to all future landowners.

City Engineer/City Surveyor

10. A final map shall be required to subdivide the property into two parcels and a remainder as presented in Exhibit B.

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

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

13. 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, Yreka Municipal Code, and all other applicable city, state, and federal codes. 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.

14. 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.

15. 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.

16. The project applicant shall provide the City with an electronic copy of the recorded map with all recording data shown.
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17. 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

18. 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.

California Department of Fish and Wildlife

19. At the time of construction of any structures or site modification on the proposed parcels, a basic biological assessment shall be conducted. A basic biological assessment would include botanical, wildlife, and habitat surveys (conducted at the appropriate time of the year) to determine whether focused or protocol-level surveys are warranted. All plant and wildlife species identified in the California Natural Diversity Database (CNDDB) and other biological resource databases (U.S. Fish and Wildlife Service, California Native Plant Society, or other pertinent references) should be analyzed for the potential to occur within the Project area. The following shall be included in the biological assessment:
a. Date/time/weather conditions during the survey(s).
b. A description of the natural environment.
c. A list of common and special status plant and wildlife species as well as habitats present onsite at the time of the survey(s).
d. Rare/local/unusual species and habitats present during the survey(s). e. A thorough assessment of rare plants and sensitive natural communities should be conducted following the Department’s March 2018 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities
(https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline). f. If habitat is present for special status plants or wildlife, focused species-specific surveys should be conducted at the appropriate time of year and/or time of day when the species are active or otherwise identifiable. Acceptable species-specific survey procedures should be developed in consultation with the Department and the U.S. Fish and Wildlife Service. Links to some survey procedures are provided on the Department’s website (https://wildlife.ca.gov/Conservation). g. If any special-status species are found during surveys, the Department requests that CNDDB forms be filled out online and submitted. Instructions for providing data to the CNDDB can be found at: https://wildlife.ca.gov/Data/CNDDB/SubmittingData. h. Impacts to and maintenance of wildlife corridor/movement areas and other key seasonal use areas should be fully evaluated and provided. i. A discussion of impacts associated with increased lighting, noise, human activity, impacts of free-roaming domestic animals including dogs and cats, changes in 133
drainage patterns, changes in water volume, velocity, quantity, and quality, soil erosion, and/or sedimentation in streams and watercourses on or near the Project site.
j. Mitigation measures for adverse Project-related impacts to sensitive plants, wildlife, and habitats should be developed and thoroughly discussed. Mitigation measures should first emphasize avoidance and reduction of Project impacts. For unavoidable impacts, the feasibility of on-site habitat restoration or enhancement should be discussed. If on-site mitigation is not feasible, off-site mitigation through habitat creation, enhancement, acquisition, and preservation in perpetuity should be addressed.
k. As the Project site has the potential to support aquatic, riparian, or wetland habitat, a delineation of lakes, streams, and associated riparian habitats potentially affected by the Project should be provided for agency and public review. This report should include a preliminary jurisdictional delineation including wetlands identification pursuant to the U. S. Fish and Wildlife Service wetland definition as adopted by the Department. Please note that some wetland and riparian habitats subject to the Department’s authority may extend beyond the jurisdictional limits of the U.S.

Army Corps of Engineers. The jurisdictional delineation should also include mapping of ephemeral, intermittent, and perennial stream courses potentially impacted by the Project. In addition to “federally protected wetlands” (see CEQA Appendix G (IV)(c)), the Department considers impacts to any wetlands (as defined by the Department) as potentially significant.

20. Botanical Surveys: Botanical surveys shall be conducted across the entire Project site during the appropriate blooming time prior to the approval of construction or site modification. 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.

If no special status plant species are found during the botanical survey, no other measures will be required. However, if drought conditions exist, additional pre-construction 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 should be allowed. Botanical survey results should be emailed to CDFW at [email protected] and the City of Yreka Planning Department.

21. Nesting Birds: 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 should be implemented:

I. Vegetation removal and other ground-disturbance activities associated with construction should occur between September 1 and January 31, when birds are not nesting; or
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II. If vegetation removal or ground disturbance activities occur during the nesting season, a pre-construction nesting bird survey should be conducted by a qualified biologist to identify active nests in and adjacent to the Project area.

Surveys should begin prior to sunrise and continue until vegetation and nests have been sufficiently observed. The survey should 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 should 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 City of Yreka Planning Department and CDFW upon completion via email to [email protected]. The survey should be conducted no more than one week prior to the initiation of construction or site modifications. If construction activities are delayed or suspended for more than two weeks after the pre-construction nesting bird survey, the site should be resurveyed.

22. Bats: The Project area contains potential suitable for several bat species. Trees that contain cavities, crevices and/or exfoliated bark have high potential to be used by various bat species. If the Project will impact trees with the above-referenced characteristics, a thorough survey of the large trees should be conducted by a qualified biologist or arborist familiar with these features, to determine if tree features and habitat elements are present.

Trees with features potentially suitable for bat roosting should be clearly marked and the following should occur prior to removal.

If removal or disturbance of trees identified to have roost structure 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 135
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 conducting 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.

23. Drainage Features: Based on analysis of aerial photos, a solid blue line indicates a drainage runs through what is now proposed as Parcels 1 and 2. This drainage feature flows directly into Yreka Creek, a known anadromous fish waterway and the drainage itself may serve as potential habitat for several special status species known to occur in the area. The Department requires the placement of a 50-foot no-disturbance/habitat protection buffer along this drainage. This buffer should begin at the outer edge (drip-line) of riparian canopy, if present, or top of stream bank, if riparian canopy is absent, or edge of the floodplain, whichever creates a larger buffer. The no-disturbance buffer zone shall be designated on the recorded Parcel Map to ensure future site improvements do not encroach into the buffer zone. No-disturbance buffers are an important tool for protecting water quality and, protecting species and habitat from runoff, sedimentation, erosion and impacts from increased light and noise associated with development.

24. 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 requires 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.

25. Trenching: If trenching will occur as a result of Project 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.

26. Lake or Streambed Alteration Agreement: Notification pursuant to Section 1602 et seq. of the Fish and Game Code may be applicable. To obtain information about the 1600 Notification process, please access the Department’s website at:
https://www.wildlife.ca.gov/Conservation/LSA

27. California Endangered Species Act: CNDDB observations identify Yreka Phlox (Phlox hirsuta), a state endangered botanical species, to occur within 1 mile of the Project area, and suitable habitat for this species may occur onsite. 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 take 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 136
Permit. Information on how to attain a CESA permit is available here:
https://wildlife.ca.gov/Conservation/CESA/Permitting.

Siskiyou County

28. 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. 137
Approved by: __________________________________
Jason Ledbetter, City Manager

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Jason Ledbetter, City Manager
Prepared by: Rhetta Hogan, Assistant City Manager
Agenda title: Adopt Resolution 2022-54 to Approve the 2023 Meeting Calendar for the Regular City Council Meetings
Meeting date: December 6, 2022
Discussion:

Annually the City adopts an annual calendar recognizing the City Council meetings for the next calendar year. The proposed 2023 meeting calendar recognizes the cancellation of the July 4, 2023 meeting, but otherwise conforms to the regularly scheduled meetings of the 1st and 3rd Tuesday of each month.

Fiscal Impact:

None
Recommendation and Requested Action:

Motion to Adopt a Resolution of the City Council of the City of Yreka to Approve the 2023 Meeting Calendar for the Regular City Council Meetings. 138
RESOLUTION NO. 2022-54

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA TO
APPROVE THE 2023 MEETING CALENDAR

FOR THE REGULAR CITY COUNCIL MEETINGS
BE IT RESOLVED by the City Council of the City of Yreka that the 2023 meeting calendar for the regular meetings of the City Council be set for the First and Third Tuesdays of every month starting at 6:30 pm, except as noted. The schedule for the 2023 Calendar Year is being set as follows:

January 3 July 4 Holiday - Cancelled
January 17 July 18
February 7 August 1
February 21 August 15
March 7 Sept 5
March 21 September 19
April 4 October 3
April 18 October 17
May 2 November 7
May 16 November 21
June 6 December 5
June 20 December 19
This resolution shall take effect immediately upon its passage.

Passed and adopted this 6th day of December 2022, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:
_______________________________
Mayor of the City of Yreka
Attest: _________________________
Rhetta Hogan, City Clerk
139