Corey Middleton, Mayor
Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, City Manager
Rhetta Hogan, Asst. City Manager and Clerk
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Mark Gilman, Police Chief
Dohn Henion, City Attorney
Jerry Lemos, Fire Chief
Juliana Lucchesi, Planning Director
YREKA CITY COUNCIL MEETING AGENDA
February 21, 2023
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] 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 REGULAR SESSION AND PLEDGE OF ALLEGIANCE:
2. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:
This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.
3. PUBLIC COMMENTS:
Public participation is welcomed and invited at all City Council meetings. This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an item noted on the Regular Agenda, please address the Council when that item is open for public comment.
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.
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
This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an item noted on the Regular Agenda, please address the Council when that item is open for public comment. • 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.
4. PUBLIC COMMENT FOLLOW-UP:
This is the time for City Council or the City Manager to respond to public comments and may direct staff to prepare a report or place an item on a future agenda.
5. CONSENT AGENDA:
All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval/ratification of payments issued from January 30, 2023, through February 12, 2023. b. Approval of Minutes of the Regular Meeting held February 7, 2023. c. Cash Balances, Quarterly Report on Investments, Budget to Actual and Fiscal Performance Reports for December 2022.
d. Adopt Resolution 2023-06 Approving the City’s Comprehensive Salary Schedule for Calendar Year 2023.
e. Approval of the Waiver for Employment of a Family member pursuant to Yreka Municipal Code
02.50.020.
f. Continuation of Urgency Ordinance #864: Fireworks.
g. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.
Recommended City Council Action: Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.
6. OLD BUSINESS
City Manager
a. Agenda Title: Prom on Miner Street follow up.
Mayor Middleton, City staff, Fire and Police Chiefs along with Yreka High School (YHS) Principal, Rhonda Daws and YHS Student Representatives met Tuesday afternoon on February 14, 2023, to evaluate options for Senior Prom on Miner Street, (an event scheduled for May 13, 2023, from 8- 11pm) as directed by the City Council at the February 7, 2023, meeting. This evening City Staff and YHS representatives are presenting a community center proposal for City Council’s consideration. 2
Recommended City Council Action: Motion to waive the facility and building attendant fees for the Yreka High School Senior Prom to be held on May 6th, 2023, at the Yreka Community Center. b. Agenda Title: Recap of Special Event known as the City of Yreka’s “Night of Lights” and Consideration of $10,000 Sponsorship for the Special Event known as Gold Rush Days, June 10-11, 2023.
Discover Siskiyou has submitted a request for temporary street closures for the special event known as the “Gold Rush Days 2023” scheduled for Saturday, June 10-11th, 2023. Discover Siskiyou, as the event organizer, is requesting a $10,000.00 match, waiver of the Stage Rental Fee ($250.00 per day), and in-kind services from Public Works (street closures, stage setup, and extra trash removal).
Discover Siskiyou expects to be able to match to $20,000 for the event. Total visitor attendance is expected to be over 5,000 during the two-day event.
Recommended City Council Action: Motion to Adopt Resolution 2023-07 Approving Street Closures and other requests for the Discover Siskiyou’s special event known as “Gold Rush Days 2023” and approve a supplemental appropriation of $11,000 in Fiscal Year 2022-23 as the City’s cash and in-kind contribution to the event.
Fire Chief
c. Agenda Title: Discussion to Staff and City Attorney of Proposed Ordinance Use and Prohibitions of Use of Fireworks within City Limits
Staff is seeking direction from the City Council on drafting a Fireworks Ordinance that would address the sale and use of fireworks and use (or ban) of fireworks at permitted events (e.g. pyrotechnic shows and displays at the Fairground or Casino).
Recommended City Council Action: Provide direction to City Attorney on drafting Fireworks and related Special Event Ordinance.
Public Works
d. Agenda Title: Award Professional Services Agreement with Remedy Engineering for Qualified Environmental Professional (QEP) Services for the Environmental Cleanup of the S. Foothill Drive Brownfield Site.
The City issued a Request for Proposals on November 30, 2022 for a Qualified Environmental Professional for the site cleanup and has received one submission, pursuant to its QEP solicitation.
After staff review, it was determined that the consultant, Remedy Engineering, is qualified; the company and project engineers are appropriately registered and licensed; and the proposal meets the City's needs.
Recommended City Council Action: Motion to Authorize City Manager and Staff to Negotiate and Enter into a Professional Services Agreement with Remedy Engineering for Qualified Environmental Professional (QEP) Services for the Environmental Cleanup of the S. Foothill Drive Brownfield Site
7. NEW BUSINESS
City Manager
a. Agenda Title: Formation of a Communications Ad Hoc Committee The City of Yreka has the need and obligation to effectively communicate and engage its residents and general public. The City Council and City staff currently have various media channels and outreach to facilitate a high level of engagement, however the City recognizes it can do more to increase public and residential communications and engagement levels. The formation of the Communications Ad 3
Hoc to act upon that desire, and adoption of the resolution formalizes the function and mission of the committee to assist in ensuring is operational success.
Recommended City Council Action: Motion to Adopt Resolution 2023-08 of the City Council of the City of Yreka Creating an Ad Hoc Committee Focused on Improving Citywide Communications b. Agenda Title: Informational Update on Video Conferencing of Brown Act Meetings of City Council and City Boards, Commissions, and Committees
On September 13, 2022, Governor Newsom signed into law Assembly Bill (AB) 2449 (Rubio), which became effective on January 1, 2023. The bill further amends the Brown Act regarding remote (teleconference) participation in meetings of legislative bodies that are subject to the Brown Act by allowing individual members of legislative bodies increased flexibility to participate in meetings via teleconference in the event of a personal emergency, without a declared state of emergency, provided that certain requirements are met.
AB 361 was initially scheduled to remain available to legislative bodies until January 1, 2024, however the Governor’s Office has indicated the intent to lift the state of emergency he proclaimed regarding the COVID-19 pandemic on February 28, 2023, which will impact all legislative bodies’ ability to conduct virtual meetings under the provisions of AB 361.
8. CITY MANAGER/STAFF REPORTS:
City Manager and Staff may make brief announcements or reports at this time.
Police Chief Mark Gilman will present statistics on vehicular traffic within the City.
9. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:
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.) Members of the Council may make brief announcements, reports, or request staff to report to Council on any matter at a subsequent meeting.
10. ADJOURNMENT:
In compliance with the requirements of the Brown Act, notice of this meeting has been posted in a publicly accessible place, 72 hours in advance of the meeting.
All documents produced by the City which are related to an open session agenda item and distributed to the City Council are made available for public inspection in the City Clerk’s Office during normal business hours.
Public Hearings: If, in the future, you wish to challenge in court any of the matters on an agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Any person seeking to challenge a City Council decision made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.”
"CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of Yreka is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 4
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 6:30 p.m. on February 21, 2023 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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Corey Middleton, Mayor
Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, City Manager
Rhetta Hogan, Asst. City Manager and Clerk
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Mark Gilman, Police Chief
Dohn Henion, City Attorney
Jerry Lemos, Fire Chief
Juliana Lucchesi, Planning Director
YREKA CITY COUNCIL MEETING AGENDA
February 7, 2023
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] 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 REGULAR SESSION AND PLEDGE OF ALLEGIANCE:
2. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:
This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.
3. PUBLIC COMMENTS:
Public participation is welcomed and invited at all City Council meetings. This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an item noted on the Regular Agenda, please address the Council when that item is open for public comment.
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.
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). 34
This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an item noted on the Regular Agenda, please address the Council when that item is open for public comment. • 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.
There was no public comment.
4. PUBLIC COMMENT FOLLOW-UP:
This is the time for City Council or the City Manager to respond to public comments and may direct staff to prepare a report or place an item on a future agenda.
5. CONSENT AGENDA:
All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval/ratification of payments issued from December 13, 2022, through January 30, 2023. b. Approval of Minutes of the Regular Meeting held January 17, 2023. c. Approval of Minutes of the Special Meeting held January 19, 2023. d. Approval of Minutes of the Special Meeting held January 24, 2023. e. Cash Balances, Budget to Actual and Fiscal Performance Reports for November 2022. f. Approval of the City’s Biannual Budget Preparation Calendar for Fiscal Year 2023-2024 and 2024- 2025.
g. Continuation of Urgency Resolution #2021-51: Remote Public Meetings. h. Continuation of Urgency Ordinance #864: Fireworks.
Recommended City Council Action: Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.
There was no public comment.
Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.
MOTIONED: Councilmember Davis
SECONDED: Councilmember McCoy
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
6. OLD BUSINESS
Human Resources
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a. Agenda Title: Approval of United Public Employees of California, LiUNA Local 792 (Yreka Management Employees Unit) Agreement
Representatives for the City and Yreka Management Employees Unit have met and agreed upon compensation over the next twenty-nine months for wages, benefits (including healthcare coverage) and other compensation (like standby pay, remote pay and deferred compensation).
Recommended City Council Action: Motion to Adopt a Resolution 2023-04 of the City Council of the City of Yreka approving execution of the Memorandum of Understanding between the City of Yreka and the Yreka Management Employees Unit.
There was no public comment.
Motion to Adopt a Resolution 2023-04 of the City Council of the City of Yreka approving execution of the Memorandum of Understanding between the City of Yreka and the Yreka Management Employees Unit.
MOTIONED: Councilmember McCoy
SECONDED: Councilmember Baker
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
Planning Director
b. Agenda Title: Approval of the Final Draft 2023-2031 Housing Element The City of Yreka has prepared the 2023-2031 Housing Element update in compliance with State Housing Element Law and contains each off the elements mandated by state law, including but not limited to, identifying adequate sites for a variety of housing types and making adequate provision for the existing and projected needs of all economic segments of the City.
The timeline below highlights the iterative public engage steps taken to prepare this plan:
Fiscal Impact: Most of the Federal and State agencies require assurances or certificates of compliance on state housing element being current. Failure to maintain an updated housing element would be reportable to Department of Water Resources, Department of Toxic Substances, California Housing and Community Development, CalFire, CalOES, Caltrans and Federal Agencies of HUD, USDA, EPA, EDA, USFS, FEMA. The City has active, pending and planned loan and grant applications with all of these agencies that total over $75,000,000.
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Recommended City Council Action: Motion to adopt Resolution 2023-05 “A Resolution of the City Council of the City of Yreka Adopting the 2023-2031 Housing Element Update and Approving the California Environmental Quality Act (CEQA) Exemption Pursuant to CEQA Section 15061(b)(3)” Public comment was heard from Peter O’Brien, Jack Phillips, Dawnmarie Autrey, Beverly Harlan, John Andrews, Louise Gliatto, Danielle Clair, Mason McCoy, Michael Norland, Jessica Potter, Paster Mike Beckstrom, Sally McCoy, David Lloyd, Diane Collier, Laurie Kiezer, Steve Neill, Gilda Lloyd , Tom O’Gorman, Erica Alverez, Steve Young, Sean Cassaray, Lori Windsom Dixon, Yolanda O’Brien, Joanne Lang, Consuela, Berta Salzar, Tracy Lima, Dr. Sarah Collard, Donna Bacigalupi, Maddelyn Bryan, Ben Veagas, Quintin Gaddy, Amanda Harris, Alia, Tamera Braden, Kris Taylor, Jenny O’Gorman, Patricia Lord, Tessa, Bailey, Jackie Terwilliger, Brian Devlin, Sara .
Motion to Adopt Resolution 2023-05 “A Resolution of the City Council of the City of Yreka Adopting the 2023-2031 Housing Element Update and Approving the California Environmental Quality Act (CEQA) Exemption Pursuant to CEQA Section 15061(b)(3)” as amended for comments noted below on Program HE1.3.6 by Councilmember Baker.
Program HE-1.3.6
The City shall consider a vote of Article XXXIV of the State Constitution (Article 34) to remove regulatory barriers for publicly-owned affordable rental housing. The City will support the State and/or local initiatives and referendums to allow the electorate of Yreka to vote in a state-wide or local election on the potential repeal of Article 34 of the State Constitution. Should the State or local initiatives or referendums fail to progress or pass, the City shall initiate an Article 34 initiative that, if passed by a majority of qualified voters, would allow the City to develop, construct or acquire low cost rental housing, or to partner with non-profit housing developers using State funding.
MOTIONED: Councilmember McCoy
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Kegg, McCoy, and Middleton
NOES: Councilmember Davis
ABSENT: -0-
Police Chief/City Manager
a. Agenda Title: Yreka High School Senior Prom on Miner Street Yreka High School’s Senior Prom is scheduled for May 13, 2023, from 8-11pm. We have speakers this evening to present the idea to City Council of the engagement level for and consideration of the event. Additionally, Police Chief Gilman, City Manager Ledbetter and City Attorney Henion will be addressing questions and concerns regarding the event.
Recommended City Council Action: Give staff direction in consideration of the Request made by the Yreka High School to close off a section of Miner Street and to allow the Juniors and Seniors to have prom on the City Streets. (Staff will bring back the special event documents at a future meeting based on the direction, as needed.)
Public Comment was heard from Kris Taylor, Quintin Gaddy, Donna Bacigalupi, Lori Window, Nancy Ogren, Tom O’Gorman, Tom Callison and Mike Moore.
Direction to staff was given to consider the request made by the YHS to close off a section of Miner Street and to allow the Juniors and Seniors to have prom on the City Streets. 37
7. CITY MANAGER/STAFF REPORTS:
City Manager and Staff may make brief announcements or reports at this time.
There were no staff reports.
8. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:
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.) Members of the Council may make brief announcements, reports, or request staff to report to Council on any matter at a subsequent meeting.
Councilmember Kegg spoke to the point time count being a huge success.
Mayor Middleton thanked the City Council for doing their homework and proud of the Council and City in moving forward.
9. ADJOURNMENT:
The meeting was adjourned at 10:52 p.m.
38 Fund Type Fund Fund Description Previous Balance
Receipts /
Debits
Disbursements /
Credits
Cash Balance by
Fund
General-Unrestricted 01 General Operating $ 8,046,380.41 $ 1,411,562.41 $ 758,050.58 $ 8,699,892.24 General-Designated 01 General Oper. - Other - - - 0.00
General-Designated 01 Comm Art - - - 0.00
General-Designated 01 Fire Museum 3,322.35 - - 3,322.35 General-Designated 01 Planning Deposits - - - 0.00
General-Designated 01 Sidewalk in Lieu 39,278.46 - - 39,278.46 General-Designated 01 Parkland Trust 300.00 - - 300.00
General-Designated 01 Police Asset Forfeit 12,239.86 - - 12,239.86 General-Designated 01 Parking Fees - - - 0.00
General-Designated 01 Campbell Tract Redemption - - - 0.00 General-Designated 02 Gifts Donations 25,653.63 - 131.99 25,521.64 General-Designated 02 K-9 Unit - - - 0.00
General-Designated 02 YPD Donated - Hitson 4,812.02 175.52 - 4,987.54 General-Designated 02 YPD Donated - Travellers 741.68 - - 741.68 General-Designated 02 YPD Donated - Teen Fund 3,956.43 - - 3,956.43 General-Designated 03 YVFD Volunter Fund 2,185.50 119.35 - 2,304.85 General-Restricted 04 Crandell Cash 413,925.49 2,116.96 - 416,042.45 General-Restricted 05 Property Abatement Recovery 42,114.88 - - 42,114.88 General-Designated 08 Grant Projects Reserve 1,334,085.73 - 1,334,085.73 - General-Designated 08 PERS Pension Liability Reserve - - - 0.00 General-Designated 09 Reserves for Cap. Outlay 831,125.62 - - 831,125.62 General-Designated 10 Capital Outlay 241,821.35 - - 241,821.35 General-Designated 11 Capital Building Project - YPD (1,188.23) - 256.30 (1,444.53) General - All General-Designated 12 Debt Servicing - GF (YPD Bldg) 277,625.64 - - 277,625.64 General-Designated 12 Debt Servicing Reserves - GF (YPD Bldg) 200,000.00 - - 200,000.00 General-Designated 90 Payroll Clearing (638,082.71) 929,817.36 764,049.35 (472,314.70) 11,661,601.49 $ Spec. Rev. -Streets 20 Road and Street Funds including HUTA 193,821.57 32,209.22 99,224.48 126,806.31 Spec. Rev. -Streets 21 Local Transportation 601,839.09 3,009.39 - 604,848.48 Streets Spec. Rev. -Streets 24 Fines - Traffic Safety 183,723.03 1,751.48 7,686.92 177,787.59 909,442.38 $ Special Revenue 30 Fire Assessment Spec. Rev 1,128,940.65 36,104.48 7,586.74 1,157,458.39 Special Revenue 31 Landfill Access Fee - Debt Service (49,018.76) 20,907.44 1,782.57 (29,893.89) Special Revenues Special Revenue 32 Developer Impact Fees 220,783.04 1,104.84 - 221,887.88 $ 1,349,452.38 Special Grants 60 Spec Grants Capital Outlay 1,607,361.95 139,078.13 - 1,468,283.82 Special Grants Special Grants 65 Community Development Grants 920,980.16 4,714.78 86,453.52 839,241.42 SpecialOperating 67 SUMIT Operating 702,929.95 - - 702,929.95 $ 3,010,455.19 Water Enterprise 70 Water Operating 133,030.77 268,674.98 345,488.80 56,216.95 Water Enterprise 71 Water Capital Projects (3,035,235.04) 541,973.10 - (3,577,208.14) Water Enterprise 72 Water Debt Servicing 490,236.74 - 7,187.66 483,049.08 Water Enterprise 72 USDA COPS 2010 300,000.00 - - 300,000.00 Water Enterprise Water Enterprise 74 Water Reserves 5,431,535.40 118,937.12 5,550,472.52 - $ 2,812,530.41 Sewer Enterprise 80 Sewer Operating 567,634.18 250,741.72 293,633.22 524,742.68 Sewer Enterprise 81 Sewer Capital Outlay (252,869.85) 121,908.45 - (374,778.30) Sewer Enterprise 82 Sewer Debt Servicing 458,721.00 0.66 59,429.40 399,292.26 Sewer Enterprise 82 USDA COPS 2003 250,000.00 - - 250,000.00 Enterprise-Sewer Sewer Enterprise 84 Sewer Reserves 5,011,558.73 89,111.95 - 5,100,670.68 $ 5,899,927.32 Agency
Agency 92 Agency SUMIT - Cash 19,219.49 0.48 - 19,219.97 $ 19,219.97 COLUMN TOTALS $ 25,725,490.21 $ 3,171,060.14 $ 3,233,921.21 $ 25,662,629.14 $ 25,662,629.14 -
BANK RECAPITULATION PER BANK Market Value Unrealized Gain PER LEDGER L.A.I.F. 0.861% 21,090,174.02 20,818,646.76 (271,527.26) Pershing Bank - CD & Treas Investments 2,697,000.00 2,383,646.73 (313,353.27) Pershing Bank - Cash 16,417.38
Petty Cash Drawers 1,200.00
YVFD Petty Cash -
Banner Bank (DDA for Bank Anticipation Not -
MB SUMIT Operating x2233 705,233.99
MB SUMIT Asset Forfeiture X4281 19,219.97
Mechanics Bank - 01015102 1,884,570.27
TOTAL PER BANK 26,413,815.63
ADJUSTMENTS
Less Outstanding Checks MB (864,303.18)
Less Outstanding Checks SVB SUMIT (2,304.04)
Interest CR (GL ) December 2022 (21.44)
Transfer 12/30 - Posted 1/03 at Bank 6,534.49
UB transfer 233.45
PERS 447.80
TASC (1.36)
Health (1,829.31)
BRMS 1.15
VSP 26.90
Check 182.23
Unreconciled Diff 0.98
LAIF 109,845.84
TOTAL PER LEDGER 25,662,629.14 25,662,629.14
(0.00)
Corey Middleton, City Mayor
Emily Aldrich, Finance Director
CITY OF YREKA
REPORT ON CASH TO THE CITY COUNCIL
Dec-2022
39 2022-2023 Operating Budget of Revenue and Expenditures with Year to Date Actual Results December 31, 2022
Fund AnalysisMajor Grp Fund Adopted Operating Budget Year to Date 3 Adopted Operating Budget Year to Date 4 Operating Budget Net Actual
Year to Date
Current Cash
Balance
Investment in LAIF 00 - - - - - - -
General Operating 01 7,474,244.57 7,923,861.07 4,676,671.99 7,854,692.39 7,854,692.39 3,843,413.45 833,258.54 69,168.68 8,755,032.91 General Operating Fund 7,474,244.57 7,923,861.07 4,676,671.99 7,854,692.39 7,854,692.39 3,843,413.45 69,168.68 833,258.54 8,755,032.91Gifts Donations 02 - - 10,482.95 700.00 700.00 2,992.49 (700.00) 7,490.46 35,207.29 YVFD Volunter Fund 03 13,500.00 13,500.00 - 13,500.00 13,500.00 445.17 - (445.17) 2,304.85 Trusts -Crandell-Stewart 04 - - 4,355.46 2,050.00 2,050.00 27,262.25 (2,050.00) (22,906.79) 416,042.45 Property Abatement 05 - - - - - 16,431.61 - (16,431.61) 42,114.88General Fund Reserves 08 - - 52,098.17 - - - - 52,098.17 1,334,085.73 Reserves for Cap. Outlay 09 - - - - - - - - 831,125.62
Capital Outlay 10 82,500.00 82,500.00 - 82,500.00 82,500.00 (43,770.35) - 43,770.35 241,821.35 Construction Fund 11 - - - - - 1,331.79 - (1,331.79) (1,444.53)General Fund Debt Servicing 12 125,895.00 125,895.00 - 125,895.00 125,895.00 22,426.25 - (22,426.25) 477,625.64 Payroll Clearing 90 (764,015.98) (764,015.98) 331,961.34 - - 34,270.77 (764,015.98) 297,690.57 (472,314.70) General Fund - Restricted or Designated (542,120.98) (542,120.98) 398,897.92 224,645.00 224,645.00 61,389.98 (766,765.98) 337,507.94 2,906,568.58 Total General Fund 6,932,123.59 7,381,740.09 5,075,569.91 8,079,337.39 8,079,337.39 3,904,803.43 (697,597.30) 1,170,766.48 11,661,601.49Gas Tax & Traffic Cong. 20 954,702.40 954,702.40 230,745.64 954,702.44 954,702.44 491,049.44 (0.04) (260,303.80) 126,806.31 Local Transportation 21 200,000.00 200,000.00 229,885.84 200,000.00 200,000.00 - - 229,885.84 604,848.48 Fines - Traffic Safety 24 68,164.14 68,164.14 8,407.27 68,164.14 68,164.14 36,368.00 - (27,960.73) 177,787.59 Road, Street & Transit - Restricted 1,222,866.54 1,222,866.54 469,038.75 1,222,866.58 1,222,866.58 527,417.44 (0.04) (58,378.69) 909,442.38 Total Road, Streets and Transit 1,222,866.54 1,222,866.54 469,038.75 1,222,866.58 1,222,866.58 527,417.44 (0.04) (58,378.69) 909,442.38 Fire Assessment Spec. Rev 30 307,500.00 307,500.00 170,244.46 105,726.24 105,726.24 45,363.12 201,773.76 124,881.34 1,157,458.39 Landfill Access Fee - Debt Service 31 240,000.00 240,000.00 120,656.64 240,000.01 240,000.01 180,570.79 (0.01) (59,914.15) (29,893.89) Developer Impact Fees 32 16,000.00 16,000.00 2,433.24 9,500.00 9,500.00 - 6,500.00 2,433.24 221,887.88 Special Revenue - Restricted 563,500.00 563,500.00 293,334.34 355,226.25 355,226.25 225,933.91 208,273.75 67,400.43 1,349,452.38 Total Special Revenue 563,500.00 563,500.00 293,334.34 355,226.25 355,226.25 225,933.91 208,273.75 67,400.43 1,349,452.38 Spec Grants Capital Outlay 60 - - - 2,249,000.00 2,249,000.00 296,529.38 (2,249,000.00) (296,529.38) 1,468,283.82 Community Development Grants 65 2,249,000.00 2,249,000.00 162,811.22 800,750.00 800,750.00 90,254.82 1,448,250.00 72,556.40 839,241.42 SUMIT Operating Fund 67 750,600.00 750,600.00 9,439.21 - - - 750,600.00 9,439.21 702,929.95 Special Grants - Capital Projects 2,999,600.00 2,999,600.00 172,250.43 3,049,750.00 3,049,750.00 386,784.20 (50,150.00) (214,533.77) 3,010,455.19 Special Grants - Operating & Capital Projects 2,999,600.00 2,999,600.00 172,250.43 3,049,750.00 3,049,750.00 386,784.20 (50,150.00) (214,533.77) 3,010,455.19 Water Operating 70 - - - 2,585,884.53 2,585,884.53 1,272,310.20 (1,272,310.20) (2,585,884.53) 56,216.95 Water Capital Projects 71 2,585,884.55 2,585,884.55 1,250,943.50 2,853,117.00 7,873,117.00 3,577,208.14 (2,326,264.64) (5,287,232.45) (3,577,208.14) Water Debt Servicing 72 2,853,117.00 7,873,117.00 - 349,238.17 349,238.17 (29,178.62) 29,178.62 7,523,878.83 783,049.08 Water Reserves 74 356,738.17 356,738.17 - - - - - 356,738.17 5,550,472.52 Water Enterprise 5,795,739.72 10,815,739.72 1,250,943.50 5,788,239.70 10,808,239.70 4,820,339.72 7,500.02 (3,569,396.22) 2,812,530.41 Sewer Operating 80 (916,687.72) (1,197,687.72) 441,522.42 2,360,449.97 2,360,449.97 948,778.12 (3,558,137.69) (507,255.70) 524,742.68 Sewer Capital Outlay 81 2,360,449.98 2,360,449.98 1,076,130.75 9,326,680.00 9,518,080.00 931,577.89 (7,157,630.02) 144,552.86 (374,778.30) Sewer Debt Servicing 82 9,326,680.00 9,326,680.00 556,799.59 316,855.00 316,855.00 58,260.65 9,009,825.00 498,538.94 649,292.26 Sewer Reserves 84 318,855.00 318,855.00 (556,798.91) - - - 318,855.00 (556,798.91) 5,100,670.68 Sewer Enterprise Fund 11,089,297.26 10,808,297.26 1,517,653.85 12,003,984.97 12,195,384.97 1,938,616.66 (1,387,087.71) (420,962.81) 5,899,927.32 Total Enterprise Funds 16,885,036.98 21,624,036.98 2,768,597.35 17,792,224.67 23,003,624.67 6,758,956.38 (1,379,587.69) (3,990,359.03) 8,712,457.73 SUMIT Agency Trust - Cash 92 - - - - - - - - 19,219.97
Agency Funds - - - - - - - - 19,219.97 \
Total Agency Funds - - - - - - - - 19,219.97
All Funds Combined 33,791,743.61 28,603,127.11 8,778,790.78 30,499,404.89 35,710,804.89 11,803,895.36 (1,919,061.28) (3,025,104.58) 25,662,629.14 Excess of Rev over Exp.-Surplus/
R E V E N U E E X P E N S E (Deficit)
Approval:______________________________________________________Corey Middleton, Mayor 2/7/2023 3:48 PM 40 Settlement Account Par Book Market Interest Maturity Market Date Investment Number Amount Value Value Rate % Date Value % Certificates of DepositVarious Multi-Bank Securities, Inc - PERSHING BANK *** RMB-034398 2,697,000.00 2,697,000.00 2,641,773.23 2.019% 0-5 years 97.95%Cash and Equivalents 6/30/2022 Local Agency Investment Fund - LAIF *** 98-47-996 21,090,174.02 21,090,174.02 20,684,419.36 2.173% NONE 98.08% 6/30/2022 Multi-Bank Securities, Inc - PERSHING BANK *** - Cash RMB-034398 16,417.38 16,417.38 16,417.38 0.000% NONE N/A 6/30/2022 Mechanics Bank- Checking xxxxxxx5102 1,884,570.27 1,884,570.27 1,884,570.27 0.010% NONE 100.00% 6/30/2022 Mechanics Bank-ZBA Credit Card Payments xxxxxxx6830 - - - 0.000% NONE N/A 6/30/2022 Mechanics Bank-SUMIT Non Adjudicated xxxxxxx4281 19,219.97 19,219.97 19,219.97 0.010% 100.00% 6/30/2022 Mechanics Bank-SUMIT Operating xxxxxxx2233 705,233.99 705,233.99 705,233.99 0.000% NONE 100.00% 6/30/2022 Banner Bank (DDA Bank Anticipation Note) xxxxxxx5733 - - - 0.020% NONE #DIV/0! 6/30/2022 Petty Cash - City Departments 1,200.00 1,200.00 1,200.00 NONE 100.00% TOTAL CASH AND INVESTMENTS 26,413,815.63 $ 26,413,815.63 $ 25,952,834.20 $ *** See supplemental data on Multi Bank Securities and LAIF Investment maturities, investment portfolio mix and yield Emily Aldrich, Finance Director
Approved by motion of the Yreka City Council at its meeting held February 21, 2023Corey Middleton, Mayor Rhetta Hogan, Elected City Treasurer
QUARTERLY INVESTMENT REPORT
December 31, 2022
The instruments of investments used this quarter are in direct relationship with the City's investment policy. It is the opinion of the Finance Diretor and CityTreasurer that the next six (6) months expenditures will be met. 41
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42 City of Yreka Financial Statement Groupings
Summary FY 22-23 YTD Fiscal Performance
as of December 31, 2022
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
1. GENERAL FUNDSRevenue
801 REVENUE: PROP TAXES 1,208,650.00 1,208,650.00 895,573.01 -313,076.99807 MVLF IN LIEU 650,000.00 0.00 -650,000.00 650,000.00810 SALES TAX 3,600,000.00 2,236,750.76 -1,363,249.24 3,600,000.00813 REVENUE: TOT TAXES 830,000.00 840,246.06 10,246.06 830,000.00814 REVENUE: FRANCHISE FEES 285,000.00 80,180.99 -204,819.01 285,000.00815 REVENUE - LICENSES AND PERMITS 189,900.00 120,548.88 -69,351.12 189,900.00825 REVENUE - FINES & FORFEITURES 250.00 -2,004.80 -2,254.80 250.00830 REVENUE - USE OF MONEY & PROPERTY 70,800.00 -43,421.26 -114,221.26 70,800.00850 REVENUE - INTERGOVERNMENTAL 348,417.57 274,544.84 -523,489.23 798,034.07870 REVENUE - USER FEES AND CHARGES 50,825.00 21,596.91 -29,228.09 50,825.00880 ICA ALLOCATION 445,797.00 222,000.00 -223,797.00 445,797.00882 REVENUE - OTHER 16,500.00 97,593.18 81,093.18 16,500.00898 INTERFUND TRANSFERS 0.00 0.00 0.00 0.00
1. GENERAL FUNDS Revenue Totals 7,696,139.57 8,145,756.07 4,743,608.57 -3,402,147.50Expense 100 MAYOR, COUNCIL, CITY MANAGER, CLERK 432,382.41 432,382.41 189,214.30 243,168.11110 EXP. GENERAL GOVERNMENT 1,000,856.81 825,947.62 174,909.19 1,000,856.81130 PUBLIC SAFETY CODE ENFORCEMENT 124,003.29 78,671.02 45,332.27 124,003.29200 PUBLIC SAFETY - POLICE 3,764,055.55 1,756,920.59 2,007,134.96 3,764,055.55 Tuesday, February 7, 2023 Page 1 of 8
43 ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
210 PUBLIC SAFETY - FIRE 688,288.33 688,288.33 229,511.94 458,776.39220 PLANNING AND DEVELOPMENT 556,999.77 361,437.24 195,562.53 556,999.77300 PUBLIC WORKS - ENGINEERING AND ADMIN 150,103.38 36,813.43 113,289.95 150,103.38350 PUBLIC WORKS - MECHANICAL MAINT (ELIM) 0.01 252,261.87 -252,261.86 0.01370 PUBLIC WORKS - SERVICE CENTER (ELIM) 0.00 15,409.90 -15,409.90 0.00400 CULTURAL & REC - PARKS AND REC 574,386.30 193,116.62 381,269.68 574,386.30645 CAPITAL OUTLAY 72,500.00 -56,927.35 129,427.35 72,500.00740 PRINCIPAL ON LT DEBT 35,000.00 0.00 35,000.00 35,000.00745 INTEREST ON LT DEBT 90,895.00 22,426.25 68,468.75 90,895.00760 INTERFUND TRANSFERS 589,866.54 0.00 589,866.54 589,866.54
1. GENERAL FUNDS Expense Totals 8,079,337.39 8,079,337.39 3,904,803.43 4,174,533.961. GENERAL FUNDS Net Position Change -383,197.82 66,418.68 838,805.14 772,386.46 Tuesday, February 7, 2023 Page 2 of 8
44 ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 1. GENERAL FUNDS (1008 detail records)2. STREETS FUNDSRevenue 825 REVENUE - FINES & FORFEITURES 15,000.00 15,000.00 6,448.07 -8,551.93830 REVENUE - USE OF MONEY & PROPERTY 3,500.00 9,956.52 6,456.52 3,500.00850 REVENUE - INTERGOVERNMENTAL 614,500.00 441,700.27 -172,799.73 614,500.00887 REVENUE: INKIND 0.00 10,933.89 10,933.89 0.00898 INTERFUND TRANSFERS 589,866.54 0.00 -589,866.54 589,866.54
2. STREETS FUNDS Revenue Totals 1,222,866.54 1,222,866.54 469,038.75 -753,827.79Expense 300 PUBLIC WORKS - ENGINEERING AND ADMIN 62,542.43 62,542.43 23,732.05 38,810.38310 PUBLIC WORKS - STREET MAINTENANCE 430,564.36 322,481.84 108,082.52 430,564.36311 PUBLIC WORKS - STREET SWEEPING 85,522.92 29,703.38 55,819.54 85,522.92312 PUBLIC WORKS - STREET LIGHTING 56,144.97 15,824.77 40,320.20 56,144.97313 PUBLIC WORKS - WEED CONTROL STREETS 10,995.72 2,237.49 8,758.23 10,995.72314 PUBLIC WORKS - PUBLIC PARKING LOTS 2,373.41 405.85 1,967.56 2,373.41320 PUBLIC WORKS - TRAFFIC SAFETY 68,164.14 68,164.14 36,368.00 31,796.14340 TRANSPORTATION 200,000.00 0.00 200,000.00 200,000.00390 PUBLIC WORKS - STORM DRAINS 171,558.63 51,051.50 120,507.13 171,558.63645 CAPITAL OUTLAY 40,000.00 45,612.56 -5,612.56 40,000.00740 PRINCIPAL ON LT DEBT 90,000.00 0.00 90,000.00 90,000.00745 INTEREST ON LT DEBT 5,000.00 0.00 5,000.00 5,000.00
2. STREETS FUNDS Expense Totals 1,222,866.58 1,222,866.58 527,417.44 695,449.142. STREETS FUNDS Net Position Change -0.04 -0.04 -58,378.69 -58,378.65 Tuesday, February 7, 2023 Page 3 of 8
45 ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 2. STREETS FUNDS (291 detail records)3. SPECIAL REVENUE FUNDSRevenue 811 OTHER TAXES 305,000.00 305,000.00 159,130.36 -145,869.64815 REVENUE - LICENSES AND PERMITS 16,000.00 0.00 -16,000.00 16,000.00830 REVENUE - USE OF MONEY & PROPERTY 2,500.00 13,547.34 11,047.34 2,500.00870 REVENUE - USER FEES AND CHARGES 240,000.00 120,656.64 -119,343.36 240,000.00
3. SPECIAL REVENUE FUNDS Revenue Totals 563,500.00 563,500.00 293,334.34 -270,165.66Expense 100 COLLECTION EXPENSE 65,000.01 65,000.01 5,570.79 59,429.22210 PUBLIC SAFETY - FIRE 15,000.00 0.00 15,000.00 15,000.00645 CAPITAL OUTLAY 0.00 0.00 0.00 0.00740 PRINCIPAL ON LT DEBT 185,708.43 146,478.74 39,229.69 185,708.43745 INTEREST ON LT DEBT 80,017.81 73,884.38 6,133.43 80,017.81760 INTERFUND TRANSFERS 9,500.00 0.00 9,500.00 9,500.00
3. SPECIAL REVENUE FUNDS Expense Totals 355,226.25 355,226.25 225,933.91 129,292.343. SPECIAL REVENUE FUNDS Net Position Change 208,273.75 208,273.75 67,400.43 -140,873.32 Tuesday, February 7, 2023 Page 4 of 8
46 ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 3. SPECIAL REVENUE FUNDS (40 detail records)4. CAPITAL & CDBG GRANTSRevenue 830 REVENUE - USE OF MONEY & PROPERTY 600.00 600.00 9,439.21 8,839.21850 REVENUE - INTERGOVERNMENTAL 2,249,000.00 162,811.22 -2,086,188.78 2,249,000.00898 INTERFUND TRANSFERS 750,000.00 0.00 -750,000.00 750,000.00
4. CAPITAL & CDBG GRANTS Revenue Totals 2,999,600.00 2,999,600.00 172,250.43 -2,827,349.57Expense 220 PLANNING AND DEVELOPMENT 0.00 0.00 25,678.48 -25,678.48600 COMMUNITY DEVELOPMENT 375,750.00 154,011.02 221,738.98 375,750.00645 CAPITAL OUTLAY 2,674,000.00 207,094.70 2,466,905.30 2,674,000.00
4. CAPITAL & CDBG GRANTS Expense Totals 3,049,750.00 3,049,750.00 386,784.20 2,662,965.804. CAPITAL & CDBG GRANTS Net Position Change -50,150.00 -50,150.00 -214,533.77 -164,383.77 Tuesday, February 7, 2023 Page 5 of 8
47 ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 4. CAPITAL & CDBG GRANTS (173 detail records)5. WATER FUNDSRevenue 830 REVENUE - USE OF MONEY & PROPERTY 83,000.00 83,000.00 -80,028.51 -163,028.51850 REVENUE - INTERGOVERNMENTAL 1,734,000.00 0.00 -6,473,000.00 6,473,000.00870 REVENUE - USER FEES AND CHARGES 3,054,552.00 1,772,494.43 -1,282,057.57 3,054,552.00898 INTERFUND TRANSFERS 7,500.00 0.00 -7,500.00 7,500.00
5. WATER FUNDS Revenue Totals 4,879,052.00 9,618,052.00 1,692,465.92 -7,925,586.08Expense 100 COLLECTION EXPENSE 258,545.64 258,545.64 100,712.91 157,832.73300 ENGINEERING 268,491.91 106,078.65 162,413.26 268,491.91500 WATER DISTRIBUTION EXPENSE 872,028.16 311,600.57 560,427.59 872,028.16510 WATER TREATMENT AND CONSERVATION 860,333.82 490,543.28 369,790.54 860,333.82510 COST OF POWER AND WATER 289,000.00 149,374.79 139,625.21 289,000.00645 CAPITAL OUTLAY 2,286,335.00 3,380,674.58 3,925,660.42 7,306,335.00690 CAPITALIZATION OF ASSETS 0.00 196,533.56 -196,533.56 0.00740 PRINCIPAL ON LT DEBT 221,170.83 221,170.83 0.00 221,170.83745 INTEREST ON LT DEBT 128,067.34 -29,178.62 157,245.96 128,067.34760 INTERFUND TRANSFERS 375,000.00 0.00 375,000.00 375,000.00799 ICA EXPENSE 229,267.00 114,000.00 115,267.00 229,267.00
5. WATER FUNDS Expense Totals 5,788,239.70 10,808,239.70 4,820,339.72 5,987,899.985. WATER FUNDS Net Position Change -909,187.70 -1,190,187.70 -3,127,873.80 -1,937,686.10 Tuesday, February 7, 2023 Page 6 of 8
48 ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 5. WATER FUNDS (313 detail records)6. SEWER FUNDSRevenue 830 REVENUE - USE OF MONEY & PROPERTY 35,395.00 35,395.00 -23,801.09 -59,196.09850 REVENUE - INTERGOVERNMENTAL 5,000,000.00 0.00 -5,000,000.00 5,000,000.00870 REVENUE - USER FEES AND CHARGES 2,904,574.00 1,431,893.86 -1,472,680.14 2,904,574.00882 REVENUE - OTHER 3,300,000.00 0.00 -3,300,000.00 3,300,000.00898 INTERFUND TRANSFERS 2,000.00 0.00 -2,000.00 2,000.00
6. SEWER FUNDS Revenue Totals 11,241,969.00 11,241,969.00 1,408,092.77 -9,833,876.23Expense 100 COLLECTION EXPENSE 247,545.64 247,545.64 97,461.90 150,083.74300 ENGINEERING 231,491.91 86,729.71 144,762.20 231,491.91510 COST OF POWER AND WATER 221,000.00 88,609.62 132,390.38 221,000.00550 WASTEWATER COLLECTION EXPENSE 589,801.84 124,557.62 465,244.22 589,801.84560 WASTEWATER TREATMENT EXPENSE 868,957.58 443,419.27 616,938.31 1,060,357.58645 CAPITAL OUTLAY 8,936,803.00 689,585.09 8,247,217.91 8,936,803.00690 CAPITALIZATION OF ASSETS 0.00 0.00 241,992.80 -241,992.80740 PRINCIPAL ON LT DEBT 88,000.00 0.00 88,000.00 88,000.00745 INTEREST ON LT DEBT 228,855.00 58,260.65 170,594.35 228,855.00760 INTERFUND TRANSFERS 375,000.00 0.00 375,000.00 375,000.00799 ICA EXPENSE 216,530.00 108,000.00 108,530.00 216,530.00
6. SEWER FUNDS Expense Totals 12,003,984.97 12,195,384.97 1,938,616.66 10,256,768.316. SEWER FUNDS Net Position Change -762,015.97 -953,415.97 -530,523.89 422,892.08 Tuesday, February 7, 2023 Page 7 of 8
49 ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 6. SEWER FUNDS (244 detail records) Grand Total 1,896,277.78 1,919,061.28 3,025,104.58 1,106,043.30 Tuesday, February 7, 2023 Page 8 of 8
50 S:\Human Resources\Resolutions\Comprehensive Salary Schedule
CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
PREPARED BY: John Elsnab, Human Resources Director
AGENDA TITLE: Discussion and Possible Action to:
Adopt Resolution 2023-06 of the City Council of the City of Yreka Approving and Adopting a Comprehensive Pay
Schedule for All Full Time Employees, Part-Time
Employees, and Elected Officials in Accordance with
CalPERS Guidelines
MEETING DATE: February 21, 2023
Discussion:
The City of Yreka (City) adopted Memorandums of Understanding with its represented employees for the calendar years 2023, 2024 and 2025. The City has also been advised through CalPERS Circular Letter dated January 8, 2020, of the requirement of the City to have the City Council of the City approve and published a comprehensive salary schedule for full-time, contractual and part-time employees, elected officials and stipends paid to volunteers who have an employment relationship with the City.
California Public Employees’ Retirement System (CalPERS), pursuant to their interpretation of California Code of Regulations section 570.5, recommends all CalPERS employers maintain their compensation levels in one publicly available document, approved and adopted by the governing body, which must meet all of the following requirements:
1) Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; 2) Identifies the position title for every employee position; 3) Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; 5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
6) Indicates an effective date and date of any revisions; 7) Is retained by the employer and available for public inspection for not less than five years; and
8) Does not reference another document in lieu of disclosing the pay rate. 51 S:\Human Resources\Resolutions\Comprehensive Salary Schedule The purpose of approving this resolution, is to combine the City’s various payroll schedules into a single schedule for approval by the City Council. It is staff intent to continue to produce a single schedule going forward for both CalPERS and City purposes at the time any salary schedule is revised.
Fiscal Impact:
No fiscal impact.
Recommendation and Requested Action:
Discussion and Possible Action to:
Adopt Resolution 2023-06 of the City Council of the City of Yreka Approving and Adopting a Comprehensive Pay Schedule for All Full Time Employees, Part-Time Employees, and Elected Officials in Accordance with CalPERS Guidelines Approved by: __________________________________
Jason Ledbetter, City Manager
Attachments: Comprehensive Salary Schedule
52 RESOLUTION NO. 2023-06
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA
APPROVING AND ADOPTING A COMPREHENSIVE PAY SCHEDULE FOR ALL
FULL TIME EMPLOYEES, PART-TIME EMPLOYEES, AND ELECTED OFFICIALS
IN ACCORDANCE WITH CALPERS GUIDELINES
WHEREAS, the City of Yreka("City"), through negotiations with various employee bargaining groups, has established corresponding Memoranda of Agreement which are in full force and effect,
WHEREAS, the City has similarly established individual contracts that include the City Manager, Grants Fiscal Compliance Manager, Water and Wastewater Construction Field Technician and GIS Specialist; and
WHEREAS, the City establishes, at least bi-annually, pay schedules for its seasonal, part-time, temporary, volunteers, and elected officials WHEREAS, the California Public Employees' Retirement System ("CalPERS") limits "compensation earnable" for retirement purposes to amounts listed on a pay schedule meeting requirements set forth in section 570.5 of title 2 of the California Code of Regulations, including that government agency employers provide and make available to the public the salary of all fulltime, part-time employees and elected officials in a single salary format specified by CalPERS; and
WHEREAS, the City of Yreka has compiled the necessary salary data to create a single salary schedule in compliance with the requirements of CalPERS, dated November 4, 2019; and Circular Letter 200-003-20 dated January 8, 2020
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Yreka, California, that the Comprehensive Pay Schedule attached to the City Council Resolution as Attachment 1, is approved and adopted.
PASSED, APPROVED AND ADOPTED on this Twenty-First Day of February 2023 by the following vote:
AYES:
NOES:
ABSENT:
Corey Middleton, Mayor
_______________________________
Attest:
_______________________________
Rhetta Hogan, City Clerk
53 54
Attachment
Comprehensive Annual Salary Schedule 2023 ‐ 2024
NP = New Position, BM = Benchmarked
YEA SALARY SCHEDULE (1/8/2023 - 1/6/2024)
JOB TITLE UNIT COLA RANGE STEP A STEP B STEP C STEP D STEP E FISCAL AND ADMINISTRATIVE TECHNICIAN YEA 1.05 1248 45,050.19 47,302.70 49,667.84 52,151.24 54,758.81 MAINTENANCE WORKER YEA 1.05 1248 45,050.19 47,302.70 49,667.84 52,151.24 54,758.81 WASTEWATER TREATMENT PLANT OPERATOR OIT/1 YEA 1.05 1278 45,050.19 47,302.70 49,667.84 52,151.24 54,758.81 CLASS 1 WATER MAINTENANCE YEA 1.05 1278 45,050.19 47,302.70 49,667.84 52,151.24 54,758.81 SENIOR FISCAL AND ADMINISTRATIVE TECHNICIAN YEA 1.05 1346 47,302.7 0 49,667.84 52,151.23 54,758.79 57,496.73 SENIOR MAINTENANCE WORKER YEA 1.05 1346 47,302.70 49,667.84 52,151.23 54,758.79 57,496.73 MECHANIC YEA 1.05 1346 47,302.70 49,667.84 52,151.23 54,758.79 57,496.73 WASTEWATER TREATMENT PLANT OPERATOR II YEA 1.05 1410 49,667.84 52,151.23 54,758.79 57,496.73 60,371.57 WATER TREATMENT PLANT OPERATOR II YEA 1.05 1410 49,667.84 52,151.23 54,758.79 57,496.73 60,371.57 SENIOR MECHANIC YEA 1.05 1410 49,667.84 52,151.23 54,758.79 57,496.73 60,371.57 WASTEWATER TREATMENT PLANT OPERATOR III YEA 1.05 1668 58,607.80 61,538.19 64,615.10 67,845.85 71,238.15 WATER TREATMENT PLANT OPERATOR III YEA 1.05 1668 58,607.80 61,538.19 64,615.10 67,845.85 71,238.15 YPOA SALARY SCHEDULE (1/8/2023 - 1/6/2024)
JOB TITLE UNIT COLA RANGE STEP A STEP B STEP C STEP D STEP E DISPATCHER YPOA 1.05 1186 42,171.67 44,280.26 46,494.28 48,819.00 51,259.95 ANIMAL CONTROL YPOA 1.05 1231 43,926.32 46,122.64 48,428.78 50,850.22 53,392.74 CODE ENFORCEMENT OFFICER YPOA 1.05 1266 48,318.96 50,734.91 53,271.66 55,935.25 58,732.02 ADMINISTRATIVE SECRETARY YPOA 1.05 1309 46,680.34 49,014.36 51,465.08 54,038.34 56,740.26 RECORDS SPECIALIST YPOA 1.05 1309 46,680.34 49,014.36 51,465.08 54,038.34 56,740.26 POLICE OFFICER YPOA 1.05 1502 58,373.14 61,291.80 64,356.39 67,574.21 70,952.93 SERGEANT YPOA 1.05 2101 74,500.57 78,225.60 82,136.88 86,243.73 90,555.92 YMEU SALARY SCHEDULE (2/5/2023 - 1/6/2024)
JOB TITLE UNIT COLA RANGE STEP A STEP B STEP C STEP D STEP E STAFF ACCOUNTANT YMEU NP 1670 58,607.80 61,538.19 64,615.10 67,845.85 71,238.15 CONFIDENTIAL MANAGEMENT ANALYST YMEU 1.04 1770 63,077.25 66,231.12 69,542.68 73,019.82 76,670.82 MAINTENANCE AND OPERATIONS SUPERVISOR YMEU 1.04 1770 63,077.25 66,231.12 69,542.68 73,019.82 76,670.82 FLEET MANAGER YMEU 1.04 2144 76,489.97 80,314.47 84,330.20 88,546.71 92,974.05 MAINTENANCE AND OPERATIONS MANAGER YMEU 1.04 2144 76,489.97 80,314.47 84,330.20 88,546.71 92,974.05 MUNICIPAL PROJECTS MANAGER YMEU 1.04 2144 76,489.97 80,314.47 84,330.20 88,546.71 92,974.05 WASTEWATER TREATMENT PLANT MANAGER YMEU 1.04 2144 76,489.97 80,314.47 84,330.20 88,546.71 92,974.05 WATER MANAGER YMEU 1.04 2144 76,489.97 80,314.47 84,330.20 88,546.71 92,974.05 UNREPRESENTED UNIT SALARY SCHEDULE (1/8/2023 - 1/6/2024)
JOB TITLE UNIT COLA RANGE STEP A STEP B STEP C STEP D STEP E FINANCE DIRECTOR UE 1.04 2453 87,460.02 91,833.03 96,424.69 101,245.93 106,308.23 HUMAN RESOURCES DIRECTOR UE 1.04 2453 87,460.02 91,833.03 96,424.69 101,245.93 106,308.23 PLANNING DIRECTOR UE 1.04 2453 87,460.02 91,833.03 96,424.69 101,245.93 106,308.23 ASSISTANT CITY MANAGER UE 1.04 2476 96,424.69 101,245.93 106,308.23 111,623.65 117,204.84 LIEUTENANT UE BM 2730 96,850.74 101,693.28 106,777.95 112,116.85 117,722.70 FIRE CHIEF UE 1.04 3051 105,154.78 110,412.52 115,933.15 121,729.81 127,816.31 PUBLIC WORKS DIRECTOR UE 1.04 3057 109,144.84 114,602.09 120,332.20 126,348.81 132,666.26 CHIEF OF POLICE UE BM 3061 111,378.35 116,947.27 122,794.64 128,934.38 135,381.10 CONTRACT EMPLOYEES SALARY SCHEDULE (1/8/2023 - 1/6/2024)
JOB TITLE UNIT COLA RANGE STEP A STEP B STEP C STEP D STEP E GIS SPECIALIST CT 1.05 1668 58,607.80 61,538.19 64,615.10 67,845.85 71,238.15 GRANTS AND FISCAL COMPLIANCE MANAGER CT 1.04 n/a Benefits follow YMEU -------------------------------------- 83,949.46 CT 1.04 2186 80,314.47 84,330.20 88,546.71 92,974.05 97,622.76 CITY MANAGER CT 1.04 3,070.00 154,350.00 162,067.50 170,170.88 178,679.42 187,613.39
WATER & WASTEWATER CONSTRUCTION & FIELD
TECHNICIAN
55 City of Yreka
Part-Time Employees
2021-22 and 2022-23
February 21, 2023
Published Hourly Rates
# Employed Wages Minimum Maximum
Regular Part Time
Police Kennel Technician/Adoption Coordinator Reg PT 1 16,000 $ $14.00 2022
$15.50 2023 $20.00
Police Kennel - Weekend/Holiday Cleaning 1 6,500
$14.00 2022
$15.50 2023 $20.00
Project Engineer (hourly) 0 0 by contract $90.79 per hour Public Works - Parks, Greenway, Reg PT 2 28,800
$14.00 2022
$15.50 2023 $20.00
Police - Reserve Officer 5 25,000 $25.00 2023 40.00
Irregular Part Time
Community Facilities Building Attendants 5 8,000
$14.00 2022
$15.50 2023 $20.00
Community Theater Technician see above
$14.00 2022
$15.50 2023 $25.00
Police Dispatch (on-call dispatch paid at overtime rate) 5 25,000 30.41 (1186A*1.5) Public Works - Water Treatment, Conservation and UWM 1 1,000 see Confidential Project Asst, FTE Salary Schedule Seasonal Help Part-time
Public Works - Parks 1 5,280
$14.00 2022
$15.50 2023 $20.00
Public Works - Building Maintenance (PT FTE shared with Parks) 400 $14.00 2022
$15.50 2023 $20.00
Public Works - Traffic 0 -
$14.00 2022
$15.50 2023 $20.00
Public Works - Streets 1 5,280
$14.00 2022
$15.50 2023 $20.00
Public Works - Street Sweeping (PT FTE shared with Streets) 200 $14.00 2022
$15.50 2023 $20.00
Public Works - Storm Drains (PT FTE shared with Streets) 250 $14.00 2022
$15.50 2023 $20.00
Public Works - Storm Drains (GIS Mapping Intern) 0 -
$14.00 2022
$15.50 2023 $20.00
Public Works - Water (meter replacement program) 0 -
$14.00 2022
$15.50 2023 $20.00
Public Works - Water (water treatment & efficiency) 0 - $14.00 2022
$15.50 2023 $20.00
Public Works - Water Distribution and Treatment 0 -
$14.00 2022
$15.50 2023 $20.00
Intern Program
Finance/Admin 1 17,500
$14.00 2022
$15.50 2023 $20.00
Elected and Volunteers
City Council ($3,600 annually per councilperson) 5 18,000 $ Annually 3,600 City Treasurer ($5,100 annually) 1 5,100 $ Annually 5,100 Volunteer - Park Host 2 19,200 $ Monthly per host, up to 2 hosts 400 Volunteer Assistant Fire Chief 1 14,500 $ Annually 14,500 Volunteer Assistant Fire Training Officer 1 6,950 $ Annually 6,950 Fire Advisory Board ($1,500 annually per person) 14 17,000 $ Annually 1,500 Volunteer Fire Dept * 25 65,000 $ per call out 13.50
Volunteer Fire Dept - Taxable Benefits 25 9,600 $ YMCA Fitness Membership 44.50 $ 294,560
*YVFD member receive $9.50 and donate $3 per call for a departmental benefit payment, in lieu of the full employee callout payment 2021-22 Budget
2022-23 Budget Hourly Rate
Stipend/Callout
S:\Human Resources\Resolutions\Comprehensive Salary Schedule\Part Time Salary Ranges 2023 56 CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Matthew Bray Director of Public Works
PREPARED BY: Benjamin Miller Maintenance and Operations Manager PAGE1
AGENDA TITLE: Discussion and Possible Action: Approval of the Waiver for Employment of a Family member pursuant to Yreka
Municipal Code 02.50.020
MEETING DATE: 2/21/2023
Discussion:
Public Works is prepared to extend a conditional offer of employment to a Maintenance Worker assigned to Parks and Recreational Areas. The prospective employee presently has an immediate family member who is employed by the city within the same department, currently employed as a Maintenance Worker. Park employees report directly to a Senior Maintenance Worker. Maintenance Workers not assigned to Parks report directly to the Maintenance and Operations Supervisor.
At present the Public Works will be short three experienced employees in a matter of weeks. One employee gave his two weeks' notice, and two openings are to be filled internally between Water Treatment and Wastewater Treatment. The applicant has extensive knowledge in the areas listed in the job classification and already has a Class A driver's license with tanker and hazmat endorsements. Class A training costs the city a minimum of $5,000 per new hire and is not a guarantee the employee will pass their behind the wheel test.
As you may recall, the City's municipal code Chapter 2.50.010 addresses the Hiring of Relatives, where elected officials, appointing authorities, department heads or persons having power to do any hiring of personnel on behalf of the city shall:
(1) Not employ any person who is related within the third degree, whether by blood or marriage to any of the above;
(2) Employ members of the same immediate family only if:
(a) They are not supervised by the same person,
(b) The course and nature of their work is independent and does not cause interaction or a close working relationship,
(c) They are appointed and employed in distinctly separate locales.
However, Chapter 2.50.020 describes a process for a Waiver of prohibition by council.
C: \ Users \mbray\Documents \Staff Report Waiver of Nepotism.docx 57 PAGE2
The council may waive the prohibition of Section 2.50.010 due to unusual circumstances pursuant to the following procedure:
A statement setting forth unusual circumstances or conditions requiring the employment shall be submitted to the City Manager. The City Manager shall review the request and make a recommendation to the council. The Council shall consider the best interests of the city and either approve or disapprove the request. Final discussion and action to approve the request shall take place in an open meeting and not in executive session.
The City Manager believes that this request from Director Bray meets the above criteria for a waiver and recommends approval.
Fiscal Impact:
None
Recommendation and Requested Action:
Discussion and Possible Action to:
Approval of the Waiver for Employment of a Family member pursuant to Yreka Municipal Code 02.50.020
Jason Ledbetter, City Manager
C: \ Users \mbray\Documents \Staff Report Waiver of Nepotism.docx 58 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.
February 21, 2023
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.
59 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
60 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: Discussion/Possible: Consideration of Facility Fee Waiver for Senior Prom and the Yreka Community Center on May 6, 2023.
Meeting date: February 21, 2023
Discussion:
Mayor Middleton, City Manager Ledbetter, City staff, Fire Chief Lemos and Police Chief Gilman along with Yreka High School (YHS) Principal, Rhonda Daws, David Nelson and other YHS Student Representatives met Tuesday afternoon on February 14, 2023, to evaluate options for Senior Prom on Miner Street. The event is now tentatively scheduled for May 6, 2023 (a change to the earlier scheduled May 11, 2023, due to a booking conflict at the Yreka Community Center) as directed by the City Council at the February 7, 2023, meeting.
This evening City Staff and YHS representatives are presenting a Yreka Community Center fee waiver proposal for City Council’s consideration.
Fiscal Impact:
Waiver of community center fees for the Senior Prom are estimated to be a $250 facility fee and $500 in attendant costs. The HS Prom committee will pay a $100 security deposit, that is refundable to the committee after the event. (Estimated building attendant hours are Friday after 4PM -9PM (5 hours), Saturday 7AM -12Midnite (17 hours), and Sunday 10AM-1PM (3 hours) for cleanup. Staff will fine-tune hours and dates closer to the event time, for an overall subsidy of a building attendant for 25 hours (or +/-- $20 wages& taxes an hour) of $500 and facility fee $250.) Recommendation:
That the City Council approve the Community Center Facility fee waiver request as presented for a tentatively scheduled date of May 6, 2023.
61 Approved by: __________________________________
Jason Ledbetter, City Manager Page 1 of 1
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To:
From:
Prepared by:
Agenda title:
Meeting date:
Yreka City Council
Matt Bray, Director of Public Works
Jesenia Ortiz, Fiscal and Administrative Technician
Discussion/Possible Actions: Adopt Resolution 2023-07 Approving Street Closures and Other Requests for the City of Yreka’s Special Event Known as “Gold Rush Days 2023” and Approve a Supplemental Appropriation of $11,000 in Fiscal Year 2022-23 as the City’s Cash and In-Kind Contribution to the Event
February 21, 2023
Discussion:
Sarah Eberenz, with Discover Siskiyou, SCEDC has submitted a request for temporary street closures for the special event known as the “Gold Rush Days 2023” scheduled for Saturday, June 10-11th, 2023. The event is being organized by the Discover Siskiyou being the event coordinator.
The request also includes use of the City stage, barricades, porta potties, and additional trash cans and trash waste removal.
Fiscal Impact:
The event organizer, Discover Siskiyou is requesting a $10,000.00 match, waiver of the Stage Rental Fee ($250.00 per day), and in-kind services from Public Works for the event. Discover Siskiyou expects to be able to match to $20,000 for the event.
The labor costs incurred by Public Works focus on street closures, stage setup, extra trash removal and other event maintenance due to the increased volume of visitors during the event. The fiscal impact for staff is estimated to be approximately Seven Hundred and Fifty Dollars ($750.00) for the event.
This amount does not include additional costs that may be incurred by the Yreka Police Department.
Recommendation and Requested Action:
That Council adopt Resolution 2023-07 approving street closures and other requests for Discover Siskiyou’s Special Event known as “Gold Rush Days 2023” and approve a supplemental appropriation of $11,000 in Fiscal Year 2022-23 as the City’s cash and in-kind contribution to the event.
62 Resolution No. 2023-07 Special Event – Gold Rush Day Pg. 1 of 3 RESOLUTION NO. 2023-07
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA
APPROVING STREET CLOSURES AND OTHER REQUESTS FOR DISCOVER SISKIYOU SPECIAL EVENT KNOWN AS “GOLD RUSH DAYS”
WHEREAS, the City, a municipal corporation, is the owner of certain lands within the City of Yreka which are operated by the City as public municipal facilities, and, WHEREAS, Discover Siskiyou (hereafter also referred to as "event sponsor") desires to sponsor a special event on Saturday, June 10-11, 2023 known as Gold Rush Days; and, WHEREAS due to the proposed plan submitted for the events, the event sponsor has demonstrated that the following provisions of the Yreka Municipal Code [YMC] are not adversely implicated by this event:
Vehicle controls- YMC Chapter 10.73,
Business license YMC Section 5.04,
Sound Amplifying Devices-YMC Chapter 9.28,
Temporary Signs-YMC Section 13.16.020 (d),
Alcoholic Beverages YMC Section 9.60.110(c); and,
WHEREAS, in conjunction with these events, the event sponsor requests the temporary closure of certain city streets, and fee waiver for use of the City-owned portable stage; and, WHEREAS, pursuant to Government Code Section 21101(e) the City Council has authority to designate by resolution a temporary closing of a through street where the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and,
WHEREAS, the City Council finds that the closing of the requested streets is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and,
WHEREAS, a permissive business license may be granted by the City Council for an event of this nature if that issuance of the license will not be detrimental to the public peace, public health or public morals of the city, which tax is subject to an exemption if the applicant demonstrates that the activity is for charitable purposes or for exhibition on historical subjects whenever the receipts from the activity are to be appropriated for any benevolent purpose within the limits of the city; and,
WHEREAS, Discover Siskiyou has demonstrated to the City its eligibility under YMC
5.04.160, and that the event will not disrupt traffic within the City beyond practical solution; will not interfere with access to fire stations and fire hydrants; the location of the special event will not cause undue hardship to adjacent businesses or residents; the event will not require the diversion of so many public employees that allowing the event would unreasonably deny service to the 63 Resolution No. 2023-07 Special Event – Gold Rush Day Pg. 2 of 3 remainder of the city; and that Discover Siskiyou may use the event to raise funds for funding the Tourism Business Improvement District’s local events; and, WHEREAS, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment; and
WHEREAS, the City Council has determined it would be in the best interests of the City to approve and authorize the action outlined in this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Council hereby finds and determines that the foregoing recitals are true and correct.
Section 2. The Council directs as follows:
a. Temporary Street Closure: On June 10-11, 2023, City Streets are ordered closed to through traffic in accordance with the request attached as Exhibit "A" subject to the terms and conditions as set forth hereafter and as required by the Department of Public Works.
The Department of Public Works shall prepare a Use and Encroachment Agreement to that effect to be executed by the event sponsor prior to any use. b. Permission is hereby granted for the use of community stage at no charge for the scheduled event known as Gold Rush Day. Use of the portable stage shall be coordinated with the Public Works Maintenance Manager.
c. A permit is hereby granted for consumption of alcoholic beverages during the event, sold by licensed vendors at the event, subject to the terms and conditions as may be placed by the Alcoholic Beverage Control Board (ABC) and the Yreka Chief of Police. d. A permit is granted for the Exclusive Use of the Downtown Plaza located at the corner of Miner Street and N. Broadway Street for the Special Events. Event Sponsor will be required to install reservation signs in the Plaza for the events. e. The event sponsor is hereby issued a temporary use permit and business license for this event and is exempt from the business license tax. This exemption from the tax shall not apply to vendors at the event unless each vendor can separately demonstrate eligibility for exemption. Discover Siskiyou may add vendors to their event and the City will work with the event sponsor to facilitate issuance of the daily business licenses for the event. Event sponsor will be responsible and hold harmless the City for acts of the vendors. f. The event sponsor shall provide the City with proof of general liability insurance of not less than $1,000,000 and a separate endorsement naming the City of Yreka as additionally insured specific to the event dates and location, at least 2 weeks prior to the event. Event sponsor 64 Resolution No. 2023-07 Special Event – Gold Rush Day Pg. 3 of 3 will be responsible and hold harmless the City for acts of the volunteers and vendors. g. The event sponsor shall comply with all other City of Yreka ordinances and shall comply with such further conditions and requirements as may be set by the Chief of Police, Director of Public Works and the Public Works Maintenance Manager. h. The event sponsor shall not place any paint on the street pavement, curb, gutter, and sidewalk. Any markings on the street pavement, curb, gutter, and sidewalk shall be of a temporary nature and shall be removed by the event sponsor within 7 days after the end of the event.
i. The event sponsor is responsible to personally contact each business that may be potentially affected by this street closure prior to the event. j. The event sponsor will be charged for any services required beyond the street closure and stage setup, by the Public Works Department in connection with this event. The Department of Public Works is directed prepare a Use and Encroachment Agreement to be signed by the Event Sponsor setting forth the terms of use in accordance with this Resolution.
Section 3. It is further resolved, if any section, subsection, part, clause, sentence or phrase of this Resolution or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Resolution, the application thereof, shall not be effected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.
Section 4. The City Manager, the Chief of Police, Director of Public Works, Public Works Maintenance Manager, and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents, and certificates, and to perform such other acts and deeds, as may be necessary or convenient to affect the purposes of this Resolution and the transactions herein authorized.
Section 5. The City Clerk of the City shall forward a copy of this Resolution to the event sponsor, Chief of Police, the Director of Public Works and the Public Works Maintenance Manager. This Resolution shall take effect immediately upon its passage.
Passed and adopted this 21st day of February, 2023 by the following vote:
AYES:
NAYS:
ABSENT: ____________________________
Corey Middleton, Mayor
Attest:_____________________________
Rhetta Hogan, City Clerk
65 66
Discover Siskiyou
Sarah Eberenz, 206.850.2311, [email protected]
February 13, 2023
Event Letter of Request
Gold Rush Days 2023
Downtown Miner Street
June 10-11, 2023
Event Information
• Name: Gold Rush Days 2023 (TBD)
• Activity: Street Fair
• Number of Participants: 5,000 visitors over 2 days
• Community Benefit: Sales tax for Yreka, TOT, create revenue for merchants and vendors, encourage overnight hotel stays in Yreka, build Yreka’s identity, and increase community pride and recognition • Event Requests: Street Closures of Miner and Broadway • Special Support Requests: Barricades at street closures, Yreka City Stage to be placed at corner of Miner and Broadway
• Reserve Support Equipment: Stage, Barricades, Porta Potties, Additional trash cans and removal • Identify advance coordination: Discover Siskiyou has been working with Jason Ledbetter and the city of Yreka.
Coordination has been done with Yreka Public Works for the stage installation and creating the Traffic Control Plan. We have notified Yreka Police Department and Yreka Fire Department, and we plan to work with Cal-Trans for lane closure and encroachment permissions as needed.
Scope of Work to be done:
• Insurance – Certificate of Insurance to be acquired
• Entertainment – Sound vendor, entertainment, actors, demonstrators and other music acts, historical reenactments, pony rides etc.
• Marketing – branding refresh, Facebook event and paid ads, website updates, vendor application activated • Vendors – Source and approve licensed retail and food vendors. All vendors will have business licenses with Yreka or complete the application for a Daily Event Permit. Alcohol sales will be allowed per licensed merchants and per ABC Event Permit, consumption will be permitted within the event perimeter. Appropriate signage will be posted at each barricaded entry point to the event area. 67 68
69 70
71 72
73 S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\02 February 2023\02-21- 2023\Fireworks Ordinance\Staff Report Fireworks Ordinanance Direction to Staff.docx
CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager, Jerry Lemos, Fire Chief AGENDA TITLE: Discussion and Possible Action: Discussion and direction to City Attorney and staff for the drafting of a Fireworks Ordinance and Special Event Ordinance.
MEETING DATE: February 21, 2023
Discussion:
The City of Yreka presently has in place Urgency Ordinance #864 that delays the sale and use of fireworks and public displays of pyrotechnics until the threat to public safety is abated.
The Northstate (and California) has experienced drought and disastrous wildfire over the past several years, most recently the McKinney fire that cause the evacuation of the City (and the Mill fire that burned residential homes in Weed) in 2023.
Staff is seeking direction from the City Council on drafting a Fireworks Ordinance that would address the sale and use (or ban) of fireworks and use of fireworks at permitted events (e.g. pyrotechnic shows and displays at the Fairground or Casino).
Jurisdictions throughout the State of California are banning fireworks but for permitted events, like a Special Event firework displays performed by professional/licensed pyrotechnic agents.
The purpose tonight is to gather sufficient information from the City Council to bring back a draft ordinance for introduction that reflects the will of the City Council. The City Attorney, Fire Chief and Chief of Police are available to answer questions that the City Council may have.
Fiscal Impact:
City Attorney and Staff resources for Ordinance preparation.
Recommendation and Requested Action:
Provide direction to City Attorney and staff in the drafting a Fireworks Ordinance and Special Event Ordinance (covers permitted events) for the City of Yreka.
Approved by: __________________________________
Jason Ledbetter, City Manager
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3 ORDINANCE NO.
4 AN UNCODIFIED URGENCY ORDINANCE OF THE CITY OF YREKA DECLARING A 5 LOCAL EMERGENCY, AND AUTHORIZING THE DELAY OF THE SALE AND USE 6 OF FIREWORKS WHICH MAY CREATE A THREAT TO PUBLIC SAFETY DEEMED 7 TO BE ARISING FROM THE INCIDENCE OF THE LAVA FIRE AND SETTING 8 FORTH THE FACTS CONSTITUTING SUCH URGENCY AND FINDING THE 9 ORDINANCE EXEMPT FROM CEQA REVIEW
10 WHEREAS, Independence Day is approaching on July 4th; and 11 WHEREAS, each year the sale of safe and sane fireworks, as defined in California 12 Code of Regulations Title 19 §986, occurs at this time for the public’s use in celebrating the 13 holiday; and
14 WHEREAS, there is also an annual public display of pyrotechnics; and 15 WHEREAS, the Governor of the State of California has declared this to be a drought 16 year; and
17 WHEREAS, there presently exists a combination of higher than normal temperatures 18 and low humidity; and
19 WHEREAS, there is a wildfire called the Lava Fire which has already burned more than 20 13,300 acres near the cities of Mt. Shasta and Weed; and 21 WHEREAS, Yreka’s Fire Department and its resources are providing mutual aid 22 assistance to the Lava Fire resulting in a shortage of fire suppression resources within the 23 environs of the City of Yreka; and
24 WHEREAS, our law enforcement resources are additionally strained because they 25 engaged in patrolling the roads to keep the public from traveling into unsafe areas; and 26 WHEREAS, it is not unusual for fireworks to create fires that require suppression; and 27 WHEREAS, any fires caused by fireworks would, under the present circumstances, 28 create a dire threat to the public’s safety if those fires were uncontrolled and unabated due to 29 Yreka’s present lack of fire-fighting resources due to the deployment of its resources for mutual 30 aid in the suppression of the Lava Fire; and
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31 WHEREAS, this Ordinance is a temporary ordinance intended to promote protect the 32 public from fire danger to the public and city facilities during this state of emergency; and 33 WHEREAS, California Government Code Section 36937 authorizes the City Council to 34 introduce and adopt an ordinance it declares to be necessary as an emergency measure to 35 preserve the public peace, health, and safety at one and the same meeting if passed by at least 36 four affirmative votes; and
37 WHEREAS, The California Emergency Services Act, pursuant to California 38 Government Code §§ 8630-8634 and 8550, et seq., permits local agencies to declare a local 39 emergency, which is necessary to provide for the carrying out of plans for the protection of 40 persons and property within the city limits during a condition of a disaster or dire threat to 41 public safety and facilities. In addition, a local declaration of emergency provides the city with 42 the necessary powers needed to protect citizens and property, preserve municipal government 43 and assure mutual disaster aid from appropriate local, state and federal agencies. 44 WHEREAS, it is deemed and hereby declared necessary, pursuant to California 45 Government Code §§ 36937 and 8634, for the immediate preservation of the public peace, health 46 or safety, that, based on the foregoing recitals, that it is urgent that the City Council adopt the 47 following ordinance.
48 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 49 CITY OF YREKA AS FOLLOWS:
50 SECTION 1. Finding of Immediate Threat. The City Council of the City of Yreka hereby 51 finds that the present sale and use of Safe and Sane Fireworks and public pyrotechnics 52 present a current and immediate threat to the public health, safety in the event of uncontrolled 53 fires within the city due to the environmental factors and the lack of fire suppression and law 54 enforcement resources to suppress any fires which circumstances constitutes a need for 55 immediate preservation of the public peace, health, or safety that warrants these urgency 56 measures. This finding is based upon the facts stated in the recitals above, as well any oral 57 and written testimony received at the June 29, 2021 City Council emergency session. 58 SECTION 2. Police Power. This Ordinance is enacted pursuant to the California 59 Government Code § 36937 and 8634, together with the City of Yreka’s general police 60 powers and Article XI of the California Constitution. 61 SECTION 3. Declaration of Emergency. The City of Yreka hereby finds, determines and 62 ordains that a local emergency now exists throughout the City of Yreka. It is further ordered 63 and ordained that during the existence of said local emergency the powers, functions, and 64 duties of the City Manager and the emergency organization of this city shall be those 65 prescribed by state law, by ordinances, and resolutions of this city as may hereafter be 66 approved by the City Council. It is further ordered and ordained that said local emergency 67 shall be deemed to continue to exist until its termination is proclaimed by the City Council of 68 the City of Yreka, State of California.
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69 SECTION 4. Enforcement Authority. The City Manager, Chief of Police, and Fire Chief 70 or designee are jointly and severally authorized to exercise his/her discretion to take such 71 action as determined to promote the enforcement of this declaration of the City Council. 72 SECTION 5. Authorization to seek State and Federal Assistance. The City Manager or 73 designee is authorized to exercise his/her discretion to execute and file any application or 74 agreement with the State of California or federal government for purposes of obtaining 75 state or federal assistance, and to execute any applications or agreements on behalf of or for 76 the purpose of authorizing or assisting the City of Yreka, California in obtaining state or 77 federal financial assistance.
78 SECTION 6. Severability, Resolution and Introduction. If any provision of this ordinance is 79 found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that 80 invalidity shall not affect the remaining provisions of this ordinance which can be implemented 81 without the invalid provisions, and to this end, the provisions of this ordinance are declared to be 82 severable. The City Council of the City of Yreka hereby declares that it would have adopted this 83 ordinance and each provision thereof irrespective of whether any one or more provisions are 84 found invalid, unconstitutional or otherwise unenforceable. Additionally, if all or a portion of 85 this ordinance may be lawfully adopted as a resolution of the City Council, those portions are 86 hereby deemed to be a resolution of this City Council. And, finally, if, for any reason, this 87 declaration is deemed not to constitute a sufficient urgency, the adoption of the ordinance at this 88 hearing shall be deemed, instead to constitute the introduction of the ordinance, wherein its 89 reading in full is waived and ready by title only, subject to subsequent adoption at a second 90 reading and potential adoption following noticed public hearing. 91 SECTION 7. California Environmental Quality Act (CEQA) Compliance. This ordinance is 92 not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 93 Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect 94 physical change in the environment) and Section 15060(c)(3) (the activity is not a project as 95 defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in 96 physical change to the environment, directly or indirectly.) 97 SECTION 8. Effective Date. This Urgency Ordinance shall become effective immediately upon 98 its adoption pursuant to Government Code §39937 and shall expire whenever the City Council so 99 determines, so long as that determination is made at the earliest time reasonably possible. 100 SECTION 9. Implementation. The City Council hereby authorizes and directs the City 101 Manager to take any action and sign any documents necessary to implement this Ordinance. 102 SECTION 10. Publication. The City Clerk is directed to publish a summary of this ordinance 103 and post it for CEQA review.
104 SECTION 11. Codification. This ordinance, being of temporary nature, shall not be codified in 105 the City of Yreka Municipal Code.
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79 S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\02 February 2023\02-21- 2023\Communications Ad Hoc\Staff Report Communications Ad Hoc Committee.docx
CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager
AGENDA TITLE: Discussion and Possible Action: Adopt Resolution 2023-08 of the City Council of the City of Yreka Creating an Ad Hoc Committee Focused on Improving Citywide Communications
MEETING DATE: February 21, 2023
Discussion:
The City of Yreka has the need and obligation to effectively communicate and engage its residents and public. The City Council and City staff currently have various media channels and outreach methods to facilitate a high level of engagement, however the City recognizes it can do more to increase public and residential communications and engagement levels. The formation of the Communications Ad Hoc to act upon that desire, and adoption of the resolution formalizes the function and mission of the committee to assist in ensuring is operational success.
The purpose and responsibility of the Communications Department Ad Hoc Committee, with consultation from city staff, is to review communication channels with the public and residents who have varying levels of access and that the City better understands and is able to disseminate information and communicate effectively within the vast preferences for how, when, where, what and why for understanding; and, the committee shall advise and make recommendations to the City Council on matters related to the effective communications that includes visual, oral, print, digital, multilinguistic and where residents are able to engage with the City reciprocally utilizing many of these tools.
Fiscal Impact:
Appropriate Staff resources.
Recommendation and Requested Action:
Make a Motion to:
Adopt Resolution 2023-08 of the City Council of the City of Yreka Creating an Ad Hoc Committee Focused on Improving Citywide Communications.
Approved by: __________________________________
Jason Ledbetter, City Manager
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RESOLUTION 2023-08
Resolution Of the City Council of the City of Yreka Creating an Ad Hoc Committee Focused on Improving Citywide Communications
WHEREAS, the City of Yreka has the need and obligation to effectively communicate and engage its residents,
WHEREAS, the City Council and City staff work within various media channels and outreach programs to facilitate a high level of engagement;
WHEREAS, the City collectively desires to ensure that the public and residents have varying levels of access to or that the City understands and is able to disseminate information and communicate effectively within the vast preferences for how, when, where what and why for understanding; and,
WHEREAS, the purpose of this committee is to advise the City Council on matters related to the effective communications that includes visual, oral, print, digital, multilinguistic and where residents are able to engage with the City reciprocally utilizing many of these tools.
THEREFORE, BE IT RESOLVED, the City Council of the City of Yreka determines that the Communications Ad Hoc Committee shall have responsibilities, duties, membership, and organizational features as described below:
1. NAME
The name of the committee shall be the Yreka Communications Ad Hoc Committee.
2. PURPOSE
The sole purpose and responsibility of the Communications Department Ad Hoc Committee, with consultation from city staff, is to review communication channels with the public and residents who have varying levels of access and that the City better understands and is able to disseminate information and communicate effectively within the vast preferences for how, when, where, what and why for understanding; and, the committee shall advise and make recommendations to the City Council on matters related to the effective communications that includes visual, oral, print, digital, multilinguistic and where residents are able to engage with the City reciprocally utilizing many of these tools.
3. QUALIFICATIONS
Committee members shall be solely composed of two (2) two City Council members.
4. INFORMATIONAL CONTRIBUTION TO THE COMMITTEE
The City Manager may assign appropriate staff, volunteers, and intergovernmental agencies leaders, and community stakeholders to assist the committee. The City Clerk will schedule meetings and take meeting minutes if present at the meeting.
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5. LIMITED DURATION OF COMMITTEE’S TERM
The Committee members shall be appointed and/or renewed biannually and the committee shall expire, unless reestablished, upon making of a recommendation to the entire City Council.
6. MINUTES
City Staff attending the committee meeting will take the minutes at each meeting.
7. MEETINGS
The Communications Ad Hoc Committee shall not be a standing committee and no regular meetings are to be established. Although the Ad Hoc Committee format does not require compliance with the Ralph M. Brown Act, the Fire Department Ad Hoc Committee will publicly notice the meeting agenda at least 24 hours in advance for each special meeting, allow public comment related to items on the agenda and under the committee’s purview, and keep meeting minutes for public review.
8. REMOVAL OF MEMBERS
Committee members serve at the pleasure of the City Council. Appointment and replacement shall be upon motion of the Council. Replacement of a member shall not be deemed a disciplinary action, reapproval or censure of the replaced member by the other council members.
9. INTERIM REPORTING PRIOR TO MAKING RECOMMENDATIONS
A representative of the committee may make a brief presentation or written report may be submitted (which could consist of the committee’s minutes) to the City Council concerning the committee’s activities and progress after each committee meeting.
10. RECITALS
The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
11. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections , subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
12. CEQA EXEMPTION
The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 82 3
13. EFFECTIVE DATE
This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
THEREFORE, BE IT RESOLVED, this Resolution of the City Council of the City of Yreka shall institute the Communications Ad Hoc Committee and govern the operations of the committee hereafter.
The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the City of Yreka on the 21st day of February 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF YREKA
Rhetta Hogan, City Clerk Corey Middleton, Mayor
83 Approved by: __________________________________
Jason Ledbetter, City Manager
CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager,
Rhetta Hogan, Assistant City Manager
AGENDA TITLE: AB2449 – Informational Update on Video Conferencing of Brown Act Meetings of City Council, Commissions, and Committees MEETING DATE: 02/21/2023
Discussion:
Informational update on the implementation of AB 2449 regarding remote (teleconference) participation in public meetings by members of legislative bodies 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 to help the State prepare for a broader spread of Coronavirus (COVID-19).
On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas) to allow local agencies to continue teleconferencing without adhering to the Brown Act’s teleconferencing requirements during a state of emergency proclaimed by the Governor. Beginning on October 11, 2021, the City Council adopted resolutions declaring a continued state of local emergency and made findings caused by the COVID-19 pandemic supporting continuation of remote (teleconference) meetings to preserve public health and safety (see first resolution adopted - Resolution 15991 – as an example).
Under AB 361, the legislative body is required to make specified findings every 30 days to continue to meet under the abbreviated teleconference procedures, which the legislative body has done. AB 361 will remain available to legislative bodies until January 1, 2024, however the Governor’s Office has indicated the intent to lift the state of emergency he proclaimed regarding the COVID-19 pandemic on February 28, 2023, which will impact all legislative bodies’ ability to conduct virtual meetings under the provisions of AB 361. Specifically, this means legislative bodies will no longer be able to rely on the COVID-19 state of emergency to meet under the provisions of AB 361.
On September 13, 2022, Governor Newsom signed into law Assembly Bill (AB) 2449 (Rubio), which became effective on January 1, 2023. The bill further amends the Brown Act regarding remote (teleconference) participation in meetings of legislative bodies that are subject to the Brown Act by allowing individual members of legislative bodies increased flexibility to participate in meetings via teleconference in the event of a personal emergency, without a declared state of emergency, provided that certain requirements are met. Such requirements and stated procedures set forth by AB 2449 are detailed below in the Analysis section of this report.
Staff notes the requirements set forth by AB 2449 related to teleconference are onerous and will 84 FEBUARY 21, 2023
PAGE 2
2 require significant staff involvement to administer. The provisions of AB 2449 apply to all Brown Act meetings, including those of the City Council, Standing City Council Sub-Committees, Boards, Commissions, and Committees, and their Standing Sub-Committees.
This means that legislative bodies that are currently still meeting entirely pursuant to AB 361 or are relying on AB 361 for any kind of hybrid meeting approach (e.g., where some members participate remotely under AB 361 rules and others participate in person) will need to cease doing so by February 28, 2023.
After February 28, 2023, members of the City Council or other legislative bodies of the City who wish to video conference in for a particular meeting will need to follow the Brown Act Traditional Rules in Government Code Section 54953 or AB 2449.
Brown Act Traditional Rules
In summary, the Traditional Rules require the following:
• If the legislative body of a local agency elects to use teleconferencing, each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. • If the legislative body of a local agency elects to use teleconferencing during the teleconferenced meeting, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction.
• If the legislative body of a local agency elects to use teleconferencing, the agenda shall provide an opportunity for members of the public to address the legislative body directly at each teleconference location.
AB 2449 Alternative to Traditional Rules
• Under new AB 2449 rules, members of the legislative body can teleconference into meetings without meeting the requirements of the Traditional Rules only for “just cause” or “due to emergency” circumstances. These provisions expire January 1, 2026. • In summary, the AB 2449 Rules provide alternative teleconference procedures for publicly disclosed “just cause” or “emergency circumstances” approved by the legislative body subject to the following limitations:
• Under AB 2449, the Agency need not identify each location from which a member is teleconferencing if at least a quorum of the members of the legislative body participate in person from a single physical location identified on the agenda; whereas the traditional rules require that the location from which members teleconference be identified on the agenda.
• At least a quorum must be in the boundaries of the local agency under AB 2449. 85 FEBUARY 21, 2023
PAGE 3
3 • The legislative body must provide either a two-way audiovisual platform or two-way telephonic service and a live webcasting of the meeting to allow the public to remotely hear and visually observe the meeting, and remotely address the legislative body. • The agenda must identify and include an opportunity for all persons to attend via a callin option, internet-based service option, and the in-person location of the meeting; if technology fails and the public cannot participate then the body may not take action on the items that the disruption affected.
• During a meeting that features remote attendance, votes must be by roll call, as is required by the traditional rules on teleconferencing and AB 361. • AB 2449 authorizes a legislative body to consider and take action, by majority vote, on a request from a member to participate in a meeting remotely due to emergency circumstances even if the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. • AB 2449 teleconference procedures may not be used by a member of the legislative body to teleconference for a period of more than three consecutive months or 20% of the regular meetings within a calendar year.
• Members participating remotely must disclose whether any individual over the age of 18 is present at the remote location with the member.
• The member wishing to appear remotely must promptly let the legislative body know, and publicly make the request at the beginning of the meeting, identifying the reasons.
The body would then vote on the request.
• “Just cause” includes: (i) necessary caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner; (ii) having a contagious illness, (ii) having a physical or mental disability that is not otherwise accommodated; or (iv) traveling on official business of the local agency or another state or local agency. This can only be used twice in one year by each member.
• “Emergency circumstances” means a physical or family medical emergency that prevents a member from attending in person. Remote participation for “emergency circumstances” does not count toward the two-meeting limitation applicable to the “just cause” exception.
• These provisions also have a few requirements for remote participation by the public, including the type of platform and the ability to comment in real time during the meeting, and noticing on the agenda how the public can participate.
Procedures for Reasonable Accomodation:
In addition to enhanced teleconference provisions, AB 2449 requires all public agencies to have and implement a procedure for receiving and swiftly resolving reasonable requests for accommodation for individuals with disabilities, consistent with the federal Americans with 86 FEBUARY 21, 2023
PAGE 4
4 Disabilities Act of 1990, and give notice of the procedure, resolving any doubt in favor of accessibility. In order to comply with the additional provisions, staff will create guidelines for staff that include updating the Reasonable Accommodation statement that is included on all legislative body meeting agendas; a list of readily available accommodations that may be requested; procedures for making additional accommodation requests; the process by which accommodation requests can be made; and step-by-step procedures for staff to ensure timely response to such requests.
Fiscal Impact:
It is possible that staff will need to seek additional funds from the City Council to accommodate requests for ADA accommodations for City Council meetings and other committee meetings, as there is currently not a dedicated budget allocated for such services or requests. To date, accommodation requests have been infrequent and have been paid for from existing department operating funds. In preparation for the FY 2023-24 budget, the City Clerk will work to estimate possible costs associated with accommodating additional ADA requests and will include these projections in the recommended budget as appropriate.
Attachments: Proposed Teleconferencing Opt-In Form
87 TELECONFERENCING OPT-IN FORM
Brown Act
Effective January 2023, AB 2449 was signed into law and makes several changes to the Ralph M. Brown Act (Brown Act) regarding member remote participation (aka teleconferencing) in public meetings.
Legislative bodies still have the option to meet via teleconference by following the traditional Brown Act rules of identifying the teleconference site on the agency’s agenda and ensuring it is accessible for the public to attend.
By filling out this form, you are requesting to attend a public meeting(s) via teleconference. Please provide the requested information so a determination can be made on which method should be utilized.
Name:
Legislative body:
Meetings Dates:
(List meeting dates requesting teleconferenced attendance) TELECONFERENCED INFORMATION:
Location:
Street Address City Zip
Phone Number: Email Address:
Via teleconferencing attendance is being requested due to the following circumstances (Checkmark box(es) that best apply/ies):
Childcare or Caregiving Issues Contagious Illness
Travel associated with City or State Business Physical or Mental Disability Personal Travel and/or Business Other:
Emergency Circumstances
Please provide a general description of the circumstances relating to your need to appear remotely (less than 20 words and please do not provide medical information):
Please return this form to staff. If you have any questions about teleconferencing under the Brown Act, please be in touch with City Clerk’s Department at [email protected].
OFFICE USE ONLY
Request Received: Methodology Approved: Brown Act Rules AB 2449 Rules Notification Sent:
Comments:
City of Yreka
701 Fourth Street • Yreka, CA 96097
(530) 841-2386 • FAX (530) 842-4836
88 The following outlines the members responsibility relating to teleconferencing requirements under each set of rules. Please review and confirm your ability to meet them. If you have any questions contact City Clerk’s Department, [email protected]
Brown Act teleconferencing rules
(1953 – no sunset date)
AB 2449 Teleconferencing rules
(2023 – December 31, 2025)
□
I have the ability to set up a computer or two-way phone call from my teleconference location. □
Members participating remotely must participate through both audio and visual technology.
□ My teleconference location has a spot, which is accessible to the public 24/7, where I am allowed to post the meeting agenda (it will remain up for at least 72 hours prior to the meeting without interference).
□ Members participating remotely must publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with the individual.
□ My teleconference location will be accessible to the general public during meetings. □ A member may only participate remotely under the just cause provisions up to two meetings per calendar year per member. □ I have the ability to print the meeting agenda and post it at my teleconference location once it has been emailed to me – at least 72 hours before the meeting.
□ Under Just Cause: Individual board members can participate remotely when caregiving of a family member, a contagious illness, a physical or mental disability, or City related travel prevents them from appearing in person
□ I will provide City staff with the address of the
teleconference location, and I am aware that the address will be shared in the agenda packet and therefore with the public. □ Under Emergency Circumstances, a member must describe the emergency in approximately 20 words without disclosing any personal medical information.
□
Member can participate in meetings solely by
teleconferenced under this law. □ Under Emergency Circumstances, a member must make a request to participate remotely under the emergency circumstances provisions as soon as possible. The legislative body may take action on this request at the earliest opportunity. If the request does not allow sufficient time to place it on the agenda for the meeting for which the request is made, the legislative body may take action on the request at the beginning of the meeting by majority vote.
□ A member may not participate in meetings solely by teleconference under this law for more than three consecutive months or 20% of the regular meetings for the public agency within a calendar year. If the legislative body regularly meets less than 10 times a year, a member may not participate remotely for more than two meetings.
The following outline the teleconferencing requirements under each set of rules.
Brown Act teleconferencing rules
(1953 – no sunset date)
AB 2449 Teleconferencing rules
(2023 – December 31, 2025)
□ The agenda must be posted at the remote location.
□ No requirement to disclose the teleconferencing location □ At least a quorum of member of the legislative board must participate from locations within the boundaries of the territory over which body exercise jurisdiction
□
The legislative body cannot require comments to be submitted before the start of the meeting. The public must be allowed to make “real time” public comment.
□ Public Comment must be allowed at the in-person meeting and from every teleconference location. □ The legislative body must implement a procedure for receiving and resolving requests for reasonable accommodations for individuals with disabilities, and must give notice of these procedures. □ An agenda must be posted for the required period of time (24 or 72 hours) at each teleconference location from which a member will be participating.
□ If there is a disruption to the meeting broadcast or in the ability to take call-in/internet-based public comment, no further action can be taken on agenda items until the issue is resolved.
□ Members of the public must be able to physically address the body from each teleconference location. □
A quorum must participate in person from a singular physical location identified in the agenda, that is open to the public, and within the boundaries of the territory over which body exercise jurisdiction. □ Each teleconference location must be accessible to the public so the public may attend the remote location. □ The agenda must identify and include an opportunity for the public to attend and directly address the legislative body through a call-in and/or internet-based service option, and in-person at the location of the meeting.
□ At least a quorum of member of the legislative body must participate from locations within the boundaries of the territory over which body exercise jurisdiction
□
The legislative body must provide a way for the public to remotely hear, visually observe, and remotely address the legislative body in real time, either by a two-way audiovisual platform or a two-way telephonic service and a live webcasting of the meeting.
□ The teleconference location must be noted on the agenda. □ The legislative body must provide notice of how the public can access the meeting and offer comments.
□ Any vote must be done by roll call.
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