Agenda — Yreka City Council, March 7, 2023

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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
March 7, 2023
Closed Session 5:30 PM
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. 5:30PM CALL TO ORDER:

2. PUBLIC COMMENT ON CLOSED SESSION:

3. CLOSED SESSION:

The City Council will recess to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
a. Conference with Real Property Negotiations (§ 54956.8) Property: APN 062-031-200 (2.08-acre parcel).

Third Party Negotiation: Nor-Cal Products by Pfeiffer Vacuum City Negotiation: City Manager and City Attorney
Negotiating Parties: City of Yreka and Nor-Cal Products by Pfeiffer Vacuum Under Negotiation: Possible purchase agreement including price, terms of payment, or both.

4. 6:30PM CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:

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 of 140
Amended to include new pages 99-112 NorCal Purchase Sales Agreement

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5. 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.

6. 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.

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.

7. 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.

8. 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 February 13, 2023, through February 26, 2023. b. Approval of Minutes of the Regular Meeting held February 21, 2023. c. Cash Balances, Budget to Actual and Fiscal Performance Reports for January 2023. d. Approval of City Council Resolution 2023-09, Approving the Transmission of the 2022 General Plan and Housing Element Annual Progress Report.
e. Continuation of Urgency Ordinance #864: Fireworks.
f. 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.
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9. OLD BUSINESS
City Manager
a. Agenda Title: Homeless Liaison Contract
On December 20, 2022, the City Council passed Resolution 2022-63 agreeing to enter into an agreement with the City and Siskiyou County Health and Human Services Agency. The draft MOU presented at that meeting has materially changed. The Contract for Services between the City of Yreka and County of Siskiyou’s presented this evening presents agreement where both the County Counsel and the City Attorney have conferred on contract matters. City staff, Chief Gilman and Dr. Sarah Collard have also reviewed the agreement.

The Contract presented this evening is in its final form. The term of the agreement remains retroactive from October 1, 2022, to June 30, 2023, or until terminated by either party. The agreement will still compensate the City $160,000 annually for the services of a Homeless Liaison Officer. The Yreka Police Department Homeless Liaison Officer(s) is responsible for making connections between those experiencing homelessness and the resources available to further their specific housing and services goals. This includes, but is not limited to, making referrals to providers of housing/shelter programs, mental health treatment, substance use treatment, mainstream benefits, education, and employment training. Additionally, the Homeless Liaison Officer will also provide a monthly report to the Continuum of Care (CoC) Advisory Board.

Recommended City Council Action: M Motion to Authorize City Manager to sign the Contract for Services agreement between the City and Siskiyou County Health and Human Services Agency. b. Agenda Title: Approval of City of Yreka Form for City Council, Committees and Commissioners to Use for Remote Participation Meeting Notification.

On February 21, 2023, the Council was introduced to upcoming changes with respect to remote meetings (AB 2449) and the Brown Act. 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. The form being reintroduced tonight would be used by City Councilmembers, Committee members and Planning Commissioners to notice the Clerk of their remote attendance following the new guidelines.

Recommended City Council Action: Motion to approve the Remote Public Meeting form for Notification of Remote Meeting Attendance by City Councilmembers, Committee members and Planning Commissioners pursuant to AB 2449 notification requirements. c. Agenda Title: Approval of Sale of Real Property to Nor-Cal Products by Pfeiffer Vacuum The City of Yreka (seller) and Nor-Cal Products (buyer) have negotiated to enter into a Purchase and Sales Agreement for real property identified as Assessor’s Parcel #062-031-250-000. The buyer has agreed to purchase the land at its appraised value of $80,000.

In April 2022, the City Council adopted Resolution 2022-11 declaring the land surplus in accordance with the Surplus Lands Act (CA Government Code Sections 54220 Et Seq.). 3 of 140

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Recommended City Council Action: Motion to Adopt Resolution 2023-10 Authorizing the City Manager or his delegate to execute the Purchase and Sales Agreement between the City of Yreka and Nor-Cal Products, Inc.

Public Works
d. Agenda Title: Award Construction Contract on Wastewater Collection System Improvements Project pursuant to the City’s Clean Water State Revolving Fund Project No. C-06-8231-210.

The Wastewater Collection System Improvements Project involves installing approximately 17,200 linear feet of sewer piping; 1,100 linear feet of water piping; 34 new manholes; 215 two-way cleanouts; 22 backcheck valves; 2 fire hydrants; and 105,000 square feet of chip seal for street restoration. The work will be done in several areas around the City, including Burgess St., Third St., Yama St., North St., and Knapp St., among others.

Recommended City Council Action: Motion to Adopt a Resolution 2023-11 Authorizing the City Manager to Award a Construction Contract to Site Work Solutions, Inc. for the Wastewater Collection System Improvements Project in the Amount of $6,104,627.00 for the Base Bid, and to Execute Related Documents.

10. NEW BUSINESS
City Manager
a. Agenda Title: City of Yreka letter opposing the Coquille Indian Tribe’s (“Coquille’s”) application to transfer fee land in Medford, Oregon into trust for the purpose of opening a second gaming facility (the “Medford Project”), on behalf of the Karuk Tribe and the team members at Rain Rock Casino.

Discussion possible action: Motion to Authorize the Mayor to sign a Letter of Opposition to the Coquille Indian Tribe’s application to transfer land into trust for the purpose of opening a second gaming facility in Medford.
b. Agenda Title: Support State Legislation to Revise the Boundaries of the Sierra Nevada Conservancy Region to include all Areas and Watersheds of Siskiyou and Modoc Counties Senator Dahle introduced SB 841 last week that would change the boundary of the Sierra Nevada Conservancy region to include all of Siskiyou and Modoc Counties. The modification will add the upper watershed area of the Klamath River in both Siskiyou County and Modoc County to the Sierra Nevada Conservancy. SB 841 will remove capacity barriers, and provide both Siskiyou County and Modoc County, and all eligible entities and Tribes within the region, more equitable access to State resources through the Sierra Nevada Conservancy for county-wide and regional planning and implementation of critical watershed improvements; cross-jurisdictional collaboration; establishment of co-stewardship plans with Tribes; preservation of working landscapes; wildfire risk reduction; growth of the regional stewardship economy; increased outdoor recreation access and opportunity in the region; protection, conservation, and restoration the region's physical, cultural, archaeological, historical, and living resources.

Recommended City Council Action: Motion to Adopt Resolution 2023-12 to Support State Legislation to Revise the Boundaries of the Sierra Nevada Conservancy Region to include all Areas and Watersheds of Siskiyou and Modoc Counties
c. Agenda Title: Authorizing Grant Application to CalRecycle through the Joint Powers Agreement as the Siskiyou County Integrated Solid Waste Management (Regional Agency) 4 of 140

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The County of Siskiyou and the Nine Cities are united via a Joint Powers Agreement as the Siskiyou County Integrated Solid Waste Management (Regional Agency). The County of Siskiyou applies for multiple grants with the California Department of Resources and Recovery (CalRecycle). This Resolution will allow the County of Siskiyou to have increased funding based on the participation of the City of Yreka. The County of Siskiyou uses Tire Amnesty Grant funding to stage free Tire Amnesty events at the Oberlin transfer station.

Recommended City Council Action: Motion to approve Resolution 2023-13 of the City Council of the City of Yreka Authorizing Submittal of Application for Payment Programs and Related Authorizations for Waste Tire Amnesty Grant
d. Agenda Title: Authorizing Grant Application to CalFire for “California Climate Investments Wildfire Prevention Grants Program”
The City of Yreka is applying for $2,500,000 of grant funds for Wildfire Prevention. Within the grant, the City will seek to cover staffing costs for public works crew and mechanic, equipment, and contract services for fire line and I5 corridor grass and brushland clearance through January 2029.

Recommended City Council Action: Motion to approve Resolution 2023-14 of the City Council of the City of Yreka approving the filing of application for “California Climate Investments Wildfire Prevention Grants Program”

11. CITY MANAGER/STAFF REPORTS:

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

12. 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.

13. ADJOURNMENT:

In compliance with the requirements of the Brown Act, notice of this meeting has been posted in a publicly accessible place, 72 hours in advance of the meeting.

All documents produced by the City which are related to an open session agenda item and distributed to the City Council are made available for public inspection in the City Clerk’s Office during normal business hours.

Public Hearings: If, in the future, you wish to challenge in court any of the matters on an agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Any person seeking to challenge a City Council decision made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.”
"CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of Yreka is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California 5 of 140

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Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing. If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Yreka, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies." The City of Yreka does not discriminate on the basis of race, color, national origin, religion, age, gender, sexual orientation, disability, or any other legally protected classes in employment or provision of services. In compliance with the Americans with Disabilities Act, those requiring accommodations for this meeting should notify the City Clerk 48 hours prior to the meeting at (530) 841-2386 or by notifying the Clerk at [email protected].

AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA)

COUNTY OF SISKIYOU) SS

CITY OF YREKA )
I, Rhetta Hogan, City Clerk for the City of Yreka, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Yreka, California, was delivered and/or notice by email not less than 72 hours, before the hour of 5:30 p.m. on March 7, 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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YREKA CITY COUNCIL MEETING MINUTES
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]

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

Mayor Middleton called the meeting to order at 6:30 p.m.

Present were Councilmembers Colleen Baker, Drake J. Davis, Duane Kegg, Paul McCoy and Corey Middleton.

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.

There were none.

3. PUBLIC COMMENTS:

The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.

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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.

Public comment was heard from Mason McCoy.

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.

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

MOTIONED: Councilmember Kegg
SECONDED: Councilmember McCoy
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-

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.

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. 30 of 140

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There was no public comment.

David Nelson spoke to the City Council about using the Community Center due to the safety issues surrounding the Miner Street venue.

Councilmember Baker and Councilmember Davis both asked about the City’s policy for fee waiver and asked that the City Manager draft a policy for consideration for fee waiver requests for City facilities and events.

Mayor Middleton concurred.

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.

MOTIONED: Councilmember McCoy
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
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.

Presentation of 2022 Night of Lights, short video. Sarah Eberenz and Heather Dodds spoke about the planned event.

Public Comment was heard from Lorenzo Love and Dawnmarie Autrey.

Councilmember Kegg spoke to hosting a cornhole tournament as a popular event. Councilmember Baker requested thoughtful consideration of child friendly alcohol-free event. Councilmember McCoy asked about event security, k-rails as vehicular barriers.

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.

MOTIONED: Councilmember Kegg
SECONDED: Councilmember McCoy
AYES: Councilmembers Davis, Kegg, McCoy, and Middleton
NOES: Councilmember Baker
ABSENT: -0-
Fire Chief
c. Agenda Title: Discussion to Staff and City Attorney of Proposed Ordinance Use and Prohibitions of Use of Fireworks within City Limits
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Staff is seeking direction from the City Council on drafting a Fireworks Ordinance that would address the sale and use of fireworks (or ban) and use 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 Comment was heard from Dawnmarie Autrey.

Councilmember Davis asked about Safe and Sane fireworks and how authorized permitted events might work.

Councilmember Baker and Middleton asked about how enforcement would work if codified.

Councilmember McCoy asked about the fire calls and volunteer staffing levels during the 4th of July.

Councilmember Kegg spoke to cancelling just prior to the 4th during adverse weather conditions, and frustration that caused for service clubs and confusion.

Direction to draft a Fireworks Ordinance was given to address banning the sale and use of all fireworks (including safe and sane) and and to include a provision to allow the use of fireworks at permitted events (e.g., pyrotechnic shows and displays at the Fairground or Casino) to the City Attorney. Direction to staff on drafting the ordinance was described above was supported by Councilmember Baker, Kegg, McCoy, and Middleton.

Councilmember Davis proposed no ordinance and continued use of safe and sane fireworks.

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.

Public Comment was heard from Dawnmarie Autrey.

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
MOTIONED: Councilmember McCoy
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
Additionally, the City Manager would like to meet with Dr. Sarah Collard, Councilmember Kegg and Councilmember McCoy regarding options for the property in serving the unhoused. 32 of 140

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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 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 Public Comment there was no comment.

City Manager presented the report and called out a correction on the resolution Section 7, that referenced a Fire Ad Hoc Committee and to be changed to Communications Ad Hoc Committee.

Mayor Middleton nominated Councilmember Baker, and himself, and Councilmember Davis as the alternate.

Appointments were accepted as nominated.

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
MOTIONED: Councilmember Baker
SECONDED: Councilmember McCoy
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
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.

Public Comment was heard from Lorenzo Love.

Councilmember Kegg spoke to his experience in needing to be able to have the flexibility to remote.

City staff will finalize the remote meeting form presented for final use consideration by the City Council.

8. CITY MANAGER/STAFF REPORTS:

City Manager and Staff may make brief announcements or reports at this time. 33 of 140

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City Manager Ledbetter spoke to the coordination with the County and Yreka PD will be opening up the warming center February 23rd and 24th at the Methodist Church. Red Scarf Society met with City Manager and Public Works on February 16th, to update them on the work at the Community Theater for the HVAC and Roofing projects. City Manager Ledbetter met with downtown merchants and the SCEDC on February 16th to discuss Business Improvement Districts, Chamber of Commerce and possibly a Main Street organization. City Manager Ledbetter spoke to his Cal Cities City Manager Conference in Carlsbad the week of February 6th. City Manager Ledbetter spoke on his two major take aways, (1) Cal Cities misleading item California Business Round Table (CBRT) qualified for November 2024 ballot. Fiscal impacts are an estimated to be $2 billion would be at risk, measure would result in cuts to public services, as the measure will make local ballot measure more difficult to pass and invalidate historic ballot measures that have been passed. Second take conference take away SB1100 that took effect in 2022 on how to manage disruptions at public meetings. City Manager Ledbetter is advocating a workshop outside of the regular City Council meeting to discuss changes in the Code of Conduct and training on SB1100 on managing meeting disruptions. City Manager spoke upcoming items in March, housing inventory assessment from Housing Tools. The assessment document provides guidance for possible housing sites, to team up with developer and best housing development sites as well as for the Homekey grant application..

Police Chief Mark Gilman will present statistics on vehicular traffic within the City.

Police Chief Mark Gilman spoke to where traffic accidents, violations, and particularly speeding. (Report is being included with the minutes).

Fire Chief Lemos spoke to Firefighters Association benefit March 11, 2023, tickets are still available.

9. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

Councilmember Kegg asked about enforcement escalation options for cart retrieval and imposing and collection of fines within the shopping cart ordinance. Police Chief Gilman, City Manager Ledbetter, City Attorney Henion will meet on issues and next steps as provided in the ordinance once the history of collection escalation is discussed.

Councilmember Davis and Councilmember Baker met with and spoke about their meeting with staff from the Siskiyou County Economic Development, and the EDC’s mission.

Councilmember Baker was able to speak to several groups on housing, public participation recently.

Councilmember McCoy attended the LTC Committee and spoke to the operational audit findings discussed at the meeting.

Mayor Middleton spoke to the staff meeting with Yreka High School representatives regarding Prom on Miner Street to find a workable solution.

10. ADJOURNMENT:

Meeting was adjourned at 9:15PM.
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Fund Type Fund Fund Description
Previous
Balance
Receipts /
Debits
Disbursements /
Credits
Cash Balance by
Fund
General-Unrestricted 01 General Operating $ 8,699,892.24 $ 1,063,680.60 $ 572,299.48 $ 9,191,273.36 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 25,521.64 - 65.33 25,456.31 General-Designated 02 K-9 Unit - - - 0.00
General-Designated 02 YPD Donated - Hitson 4,987.54 - - 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 2,304.85 - 2,304.85 (0.00) General-Restricted 04 Crandell Cash 416,042.45 - - 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 (1,444.53) - 552.24 (1,996.77) 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 (472,314.70) 642,620.26 677,848.15 (507,542.59) $ 12,114,832.30 Spec. Rev. -Streets 20 Road and Street Funds including HUTA 126,806.31 49,912.07 42,596.93 134,121.45 Spec. Rev. -Streets 21 Local Transportation 604,848.48 - - 604,848.48 Streets Spec. Rev. -Streets 24 Fines - Traffic Safety 177,787.59 765.29 4,120.95 174,431.93 $ 913,401.86 Special Revenue 30 Fire Assessment Spec. Rev 1,157,458.39 29,198.93 7,576.48 1,179,080.84 Special Revenue 31 Landfill Access Fee - Debt Service (29,893.89) 19,988.43 1,441.34 (11,346.80) Special Revenues Special Revenue 32 Developer Impact Fees 221,887.88 - - 221,887.88 $ 1,389,621.92 Special Grants 60 Spec Grants Capital Outlay 1,468,283.82 98,422.80 46,077.75 1,520,628.87 Special Grants Special Grants 65 Community Development Grants 839,241.42 1,334.38 641.35 839,934.45 SpecialOperating 67 SUMIT Operating 702,929.95 - 209,863.75 493,066.20 $ 2,853,629.52 Water Enterprise 70 Water Operating 56,216.95 309,144.05 256,405.44 108,955.56 Water Enterprise 71 Water Capital Projects (3,577,208.14) 1,190,851.12 11,220.67 (2,397,577.69) Water Enterprise 72 Water Debt Servicing 483,049.08 - 7,187.66 475,861.42 Water Enterprise 72 USDA COPS 2010 300,000.00 - - 300,000.00 Water Enterprise Water Enterprise 74 Water Reserves 5,550,472.52 64,708.90 - 5,615,181.42 $ 4,102,420.71 Sewer Enterprise 80 Sewer Operating 524,742.68 245,536.85 196,865.49 573,414.04 Sewer Enterprise 81 Sewer Capital Outlay (374,778.30) - 110,213.11 (484,991.41) Sewer Enterprise 82 Sewer Debt Servicing 399,292.26 - 148,032.50 251,259.76 Sewer Enterprise 82 USDA COPS 2003 250,000.00 - - 250,000.00 Enterprise-Sewer Sewer Enterprise 84 Sewer Reserves 5,100,670.68 60,929.64 - 5,161,600.32 $ 5,751,282.71 Agency
Agency 92 Agency SUMIT - Cash 19,219.97 - - 19,219.97 $ 19,219.97 COLUMN TOTALS $ 25,662,629.14 $ 3,777,093.32 $ 2,295,313.47 $ 27,144,408.99 $ 27,144,408.99 -
BANK RECAPITULATION PER BANK Market Value Unrealized Gain PER LEDGER L.A.I.F. 0.861% 21,200,019.86 20,927,078.38 (272,941.48) Pershing Bank - CD & Treas Investments 2,697,000.00 2,641,886.39 (55,113.61) Pershing Bank - Cash 9,526.36
Petty Cash Drawers 1,200.00
YVFD Petty Cash -
Banner Bank (DDA for Bank Anticipation No -
MB SUMIT Operating x2233 705,233.99
MB SUMIT Asset Forfeiture X4281 19,219.97
Mechanics Bank - 01015102 2,749,628.49
TOTAL PER BANK 27,381,828.67

ADJUSTMENTS
Less Outstanding Checks MB (20,252.97)
Less Outstanding Checks SVB SUMIT (212,167.79)
Interest CR (GL ) December 2022 (21.54)
Transfer 12/30 - Posted 1/03 at Bank 2,077.95
UB transfer 4,905.58
PERS (1,427.30)
TASC 145.48
Health 2,609.90
BRMS (3,361.97)
VSP (182.23)
Check (1.11)
Payroll Adj clearing Feb (235.24)
Unreconciled Difference 11.12
MBSC Interest - Jan (9,526.36)
TOTAL PER LEDGER 27,144,408.99 27,144,408.99
(0.00)
Corey Middleton, City Mayor
Emily Aldrich, Finance Director

CITY OF YREKA

REPORT ON CASH TO THE CITY COUNCIL
Jan-2023
35 of 140
2022-2023 Operating Budget of Revenue and Expenditures
with Year to Date Actual Results January 31, 2023
Fund Analysis
Major 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 5,757,367.00 7,854,692.39 7,979,628.39 4,412,160.42 (55,767.32) 1,345,206.58 9,246,414.03 General Operating Fund 7,474,244.57 7,923,861.07 5,757,367.00 7,854,692.39 7,979,628.39 4,412,160.42 (55,767.32) 1,345,206.58 9,246,414.03 Gifts Donations 02 - - 10,461.61 700.00 700.00 3,036.48 (700.00) 7,425.13 35,141.96 YVFD Volunter Fund 03 13,500.00 13,500.00 - 13,500.00 13,500.00 - - - - 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) 42,114.88 General 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 - - - - - 1,884.03 - (1,884.03) (1,996.77) 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) 392,890.98 - - 134,925.15 (764,015.98) 257,965.83 (507,542.59) General Fund - Restricted or Designated (542,120.98) (542,120.98) 459,806.22 224,645.00 224,645.00 162,195.42 (766,765.98) 297,610.80 2,868,418.27 Total General Fund 6,932,123.59 7,381,740.09 6,217,173.22 8,079,337.39 8,204,273.39 4,574,355.84 (822,533.30) 1,642,817.38 12,114,832.30 Gas Tax & Traffic Cong. 20 954,702.40 954,702.40 280,657.71 954,702.44 954,702.44 533,646.37 (0.04) (252,988.66) 134,121.45 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 9,172.56 68,164.14 68,164.14 40,488.95 - (31,316.39) 174,431.93 Road, Street & Transit - Restricted 1,222,866.54 1,222,866.54 519,716.11 1,222,866.58 1,222,866.58 574,135.32 (0.04) (54,419.21) 913,401.86 Total Road, Streets and Transit 1,222,866.54 1,222,866.54 519,716.11 1,222,866.58 1,222,866.58 574,135.32 (0.04) (54,419.21) 913,401.86 Fire Assessment Spec. Rev 30 307,500.00 307,500.00 198,977.30 105,726.24 105,726.24 52,923.64 201,773.76 146,053.66 1,179,080.84 Landfill Access Fee - Debt Service 31 240,000.00 240,000.00 140,661.37 240,000.01 240,000.01 182,002.96 (0.01) (41,341.59) (11,346.80) 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 563,500.00 563,500.00 342,071.91 355,226.25 355,226.25 234,926.60 208,273.75 107,145.31 1,389,621.92 Total Special Revenue 563,500.00 563,500.00 342,071.91 355,226.25 355,226.25 234,926.60 208,273.75 107,145.31 1,389,621.92 Spec Grants Capital Outlay 60 - - - 2,249,000.00 2,249,000.00 342,607.13 (2,249,000.00) (342,607.13) 1,520,628.87 Community Development Grants 65 2,249,000.00 2,249,000.00 261,234.02 800,750.00 800,750.00 90,896.17 1,448,250.00 170,337.85 839,934.45 SUMIT Operating Fund 67 750,600.00 750,600.00 9,486.71 - - 209,863.75 750,600.00 (200,377.04) 493,066.20 Special Grants - Capital Projects 2,999,600.00 2,999,600.00 270,720.73 3,049,750.00 3,049,750.00 643,367.05 (50,150.00) (372,646.32) 2,853,629.52 Special Grants - Operating &
Capital Projects 2,999,600.00 2,999,600.00 270,720.73 3,049,750.00 3,049,750.00 643,367.05 (50,150.00) (372,646.32) 2,853,629.52 Water Operating 70 - - - 2,585,884.53 2,585,884.53 1,463,524.57 (2,585,884.53) (1,463,524.57) 108,955.56 Water Capital Projects 71 2,585,884.55 2,585,884.55 1,527,471.68 2,853,117.00 7,873,117.00 3,588,428.81 (5,287,232.45) (2,060,957.13) (2,397,577.69) Water Debt Servicing 72 2,853,117.00 7,873,117.00 1,190,851.12 349,238.17 349,238.17 (28,843.13) 7,523,878.83 1,219,694.25 775,861.42 Water Reserves 74 356,738.17 356,738.17 - - - - 356,738.17 - 5,615,181.42 Water Enterprise 5,795,739.72 10,815,739.72 2,718,322.80 5,788,239.70 10,808,239.70 5,023,110.25 7,500.02 (2,304,787.45) 4,102,420.71 Sewer Operating 80 (916,687.72) (1,197,687.72) 506,231.32 2,360,449.97 2,360,449.97 1,081,098.23 (3,558,137.69) (574,866.91) 573,414.04 Sewer Capital Outlay 81 2,360,449.98 2,360,449.98 1,260,465.98 9,326,680.00 9,518,080.00 1,041,791.00 (7,157,630.02) 218,674.98 (484,991.41) Sewer Debt Servicing 82 9,326,680.00 9,326,680.00 556,799.59 316,855.00 316,855.00 118,293.15 9,009,825.00 438,506.44 501,259.76 Sewer Reserves 84 318,855.00 318,855.00 (556,798.91) - - - 318,855.00 (556,798.91) 5,161,600.32 Sewer Enterprise Fund 11,089,297.26 10,808,297.26 1,766,697.98 12,003,984.97 12,195,384.97 2,241,182.38 (1,387,087.71) (474,484.40) 5,751,282.71 Total Enterprise Funds 16,885,036.98 21,624,036.98 4,485,020.78 17,792,224.67 23,003,624.67 7,264,292.63 (1,379,587.69) (2,779,271.85) 9,853,703.42 SUMIT Agency Trust - Cash 92 - - - - - - - - 19,219.97
Agency Funds - - - - - - - - 19,219.97 \
Total Agency Funds - - - - - - - - 19,219.97
All Funds Combined 28,603,127.11 33,791,743.61 11,834,702.75 30,499,404.89 35,835,740.89 13,291,077.44 (2,043,997.28) (1,456,374.69) 27,144,408.99 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 36 of 140 2/16/2023 2:37 PM
City of Yreka Financial Statement Groupings
Summary FY 22-23 YTD Fiscal Performance
as of January 31, 2023
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt

1. GENERAL FUNDSRevenue
801 REVENUE: PROP TAXES 1,208,650.00 1,208,650.00 907,847.77 -300,802.23807 MVLF IN LIEU 650,000.00 368,967.23 -281,032.77 650,000.00810 SALES TAX 3,600,000.00 3,600,000.00 2,555,869.45 -1,044,130.55813 REVENUE: TOT TAXES 830,000.00 895,711.75 65,711.75 830,000.00814 REVENUE: FRANCHISE FEES 285,000.00 269,421.88 -15,578.12 285,000.00815 REVENUE - LICENSES AND PERMITS 189,900.00 134,514.75 -55,385.25 189,900.00825 REVENUE - FINES & FORFEITURES 250.00 -1,358.43 -1,608.43 250.00830 REVENUE - USE OF MONEY & PROPERTY 70,800.00 -42,499.82 -113,299.82 70,800.00850 REVENUE - INTERGOVERNMENTAL 348,417.57 354,765.48 -443,268.59 798,034.07870 REVENUE - USER FEES AND CHARGES 50,825.00 23,710.64 -27,114.36 50,825.00880 ICA ALLOCATION 445,797.00 259,000.00 -186,797.00 445,797.00882 REVENUE - OTHER 16,500.00 98,331.54 81,831.54 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 5,824,282.24 -2,321,473.83Expense 100 MAYOR, COUNCIL, CITY MANAGER, CLERK 432,382.41 499,882.41 307,071.25 192,811.16110 EXP. GENERAL GOVERNMENT 1,000,856.81 1,000,856.81 906,371.08 94,485.73130 PUBLIC SAFETY CODE ENFORCEMENT 124,003.29 87,861.78 36,141.51 124,003.29200 PUBLIC SAFETY - POLICE 3,764,055.55 3,805,991.55 2,041,413.52 1,764,578.03 Thursday, February 16, 2023 Page 1 of 8
37 of 140
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
210 PUBLIC SAFETY - FIRE 688,288.33 688,288.33 266,467.25 421,821.08220 PLANNING AND DEVELOPMENT 556,999.77 433,974.09 138,525.68 572,499.77300 PUBLIC WORKS - ENGINEERING AND ADMIN 150,103.38 50,868.73 99,234.65 150,103.38350 PUBLIC WORKS - MECHANICAL MAINT (ELIM) 0.01 280,302.68 -280,302.67 0.01370 PUBLIC WORKS - SERVICE CENTER (ELIM) 0.00 18,924.03 -18,924.03 0.00400 CULTURAL & REC - PARKS AND REC 574,386.30 215,050.29 359,336.01 574,386.30645 CAPITAL OUTLAY 72,500.00 -56,375.11 128,875.11 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 8,204,273.39 4,574,355.84 3,629,917.551. GENERAL FUNDS Net Position Change -383,197.82 -58,517.32 1,249,926.40 1,308,443.72 Thursday, February 16, 2023 Page 2 of 8
38 of 140
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 1. GENERAL FUNDS (1018 detail records)2. STREETS FUNDSRevenue 825 REVENUE - FINES & FORFEITURES 15,000.00 15,000.00 7,213.36 -7,786.64830 REVENUE - USE OF MONEY & PROPERTY 3,500.00 9,956.52 6,456.52 3,500.00850 REVENUE - INTERGOVERNMENTAL 614,500.00 491,612.34 -122,887.66 614,500.00887 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 1,222,866.54 519,716.11 -703,150.43Expense 300 PUBLIC WORKS - ENGINEERING AND ADMIN 62,542.43 62,542.43 27,881.65 34,660.78310 PUBLIC WORKS - STREET MAINTENANCE 430,564.36 341,043.62 89,520.74 430,564.36311 PUBLIC WORKS - STREET SWEEPING 85,522.92 36,813.88 48,709.04 85,522.92312 PUBLIC WORKS - STREET LIGHTING 56,144.97 18,491.26 37,653.71 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 40,488.95 27,675.19340 TRANSPORTATION 200,000.00 0.00 200,000.00 200,000.00390 PUBLIC WORKS - STORM DRAINS 171,558.63 61,160.06 110,398.57 171,558.63645 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 1,222,866.58 574,135.32 648,731.262. STREETS FUNDS Net Position Change -0.04 -0.04 -54,419.21 -54,419.17 Thursday, February 16, 2023 Page 3 of 8
39 of 140
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 2. STREETS FUNDS (295 detail records)3. SPECIAL REVENUE FUNDSRevenue 811 OTHER TAXES 305,000.00 305,000.00 187,863.20 -117,136.80815 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 240,000.00 140,661.37 -99,338.63 240,000.00

3. SPECIAL REVENUE FUNDS Revenue Totals 563,500.00 563,500.00 342,071.91 -221,428.09Expense 100.3 COLLECTION EXPENSE 65,000.01 65,000.01 7,002.96 57,997.05 210 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 185,708.43 153,672.90 32,035.53 185,708.43745 INTEREST ON LT DEBT 80,017.81 74,250.74 5,767.07 80,017.81760 INTERFUND TRANSFERS 9,500.00 0.00 9,500.00 9,500.00

3. SPECIAL REVENUE FUNDS Expense Totals 355,226.25 355,226.25 234,926.60 120,299.653. SPECIAL REVENUE FUNDS Net Position Change 208,273.75 208,273.75 107,145.31 -101,128.44 Thursday, February 16, 2023 Page 4 of 8
40 of 140
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 9,486.71 8,886.71850 REVENUE - INTERGOVERNMENTAL 2,249,000.00 261,234.02 -1,987,765.98 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 2,999,600.00 270,720.73 -2,728,879.27Expense 220 PLANNING AND DEVELOPMENT 0.00 0.00 41,330.48 -41,330.48600 COMMUNITY DEVELOPMENT 375,750.00 172,292.45 203,457.55 375,750.00645 CAPITAL OUTLAY 2,674,000.00 429,744.12 2,244,255.88 2,674,000.00

4. CAPITAL & CDBG GRANTS Expense Totals 3,049,750.00 3,049,750.00 643,367.05 2,406,382.954. CAPITAL & CDBG GRANTS Net Position Change -50,150.00 -50,150.00 -372,646.32 -322,496.32 Thursday, February 16, 2023 Page 5 of 8
41 of 140
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 4. CAPITAL & CDBG GRANTS (175 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 1,283,351.12 -5,189,648.88 6,473,000.00870 REVENUE - USER FEES AND CHARGES 3,054,552.00 2,021,231.51 -1,033,320.49 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 3,224,554.12 -6,393,497.88Expense 100.3 COLLECTION EXPENSE 258,545.64 258,545.64 121,012.39 137,533.25300.1 ENGINEERING 268,491.91 129,879.75 138,612.16 268,491.91 500 WATER DISTRIBUTION EXPENSE 872,028.16 353,733.39 518,294.77 872,028.16510 WATER TREATMENT AND CONSERVATION 860,333.82 558,437.44 301,896.38 860,333.82 510.1 COST OF POWER AND WATER 289,000.00 167,461.60 121,538.40 289,000.00 645 CAPITAL OUTLAY 2,286,335.00 7,306,335.00 3,391,895.25 3,914,439.75690 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 -28,843.13 156,910.47 128,067.34760 INTERFUND TRANSFERS 375,000.00 0.00 375,000.00 375,000.00799 ICA EXPENSE 229,267.00 133,000.00 96,267.00 229,267.00

5. WATER FUNDS Expense Totals 5,788,239.70 10,808,239.70 5,023,110.25 5,785,129.455. WATER FUNDS Net Position Change -909,187.70 -1,190,187.70 -1,798,556.13 -608,368.43 Thursday, February 16, 2023 Page 6 of 8
42 of 140
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 5. WATER FUNDS (333 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 1,677,158.73 -1,227,415.27 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 1,653,357.64 -9,588,611.36Expense 100.3 COLLECTION EXPENSE 247,545.64 247,545.64 117,302.19 130,243.45300.1 ENGINEERING 231,491.91 100,889.49 130,602.42 231,491.91510.1 COST OF POWER AND WATER 221,000.00 105,210.44 115,789.56 221,000.00 550 WASTEWATER COLLECTION EXPENSE 589,801.84 151,383.03 438,418.81 589,801.84560 WASTEWATER TREATMENT EXPENSE 868,957.58 480,313.08 580,044.50 1,060,357.58645 CAPITAL OUTLAY 8,936,803.00 799,798.20 8,137,004.80 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 228,855.00 118,293.15 110,561.85 228,855.00760 INTERFUND TRANSFERS 375,000.00 0.00 375,000.00 375,000.00799 ICA EXPENSE 216,530.00 126,000.00 90,530.00 216,530.00

6. SEWER FUNDS Expense Totals 12,003,984.97 12,195,384.97 2,241,182.38 9,954,202.596. SEWER FUNDS Net Position Change -762,015.97 -953,415.97 -587,824.74 365,591.23 Thursday, February 16, 2023 Page 7 of 8
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ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 6. SEWER FUNDS (247 detail records) Grand Total 1,896,277.78 2,043,997.28 1,456,374.69 -587,622.59 Thursday, February 16, 2023 Page 8 of 8
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CITY OF YREKA

AGENDA MEMORANDUM
Prepared by: Juliana Lucchesi, AICP, Planning Director
Agenda Title: 2022 Annual Progress Report
Meeting date: March 7, 2023
Recommended Action:

Motion to approve City Council Resolution 2023-09 “A Resolution of the City Council of the City of Yreka Approving the Transmission of the 2022 General Plan and Housing Element Annual Progress Report”
Summary:

The Annual Progress Report (APR) is a state mandated form that is transmitted to the Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD) pursuant to Government Code Section 65400. The purpose of this document is to report on the City of Yreka’s progress in implementing the General Plan. The APR is due to the state by April 1 of each year.

Background:

The City of Yreka’s 2002 General Plan expired in 2022, which has led to a comprehensive General Plan update that began in November 2021. The City Planning Department is managing the General Plan update process through 2024. The comprehensive update process includes visioning, updates to elements to meet state mandates, and refresh of elements to address community needs and opportunities. The Department has completed the update to the Housing Element and will complete draft forms of the remaining elements by the end of 2023. The draft elements will then be environmentally reviewed under CEQA in 2024.

Minor updates to the 2002 Circulation and Safety Elements were completed to address SB 743 Vehicle Miles Traveled, climate change and hazard mitigations, and SB 1000 environmental justice mandates. The minor amendments were approved by the Planning Commission May 18, 2022 and City Council June 7, 2022.
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In addition to the General Plan update, the Planning Department implemented a number of efficiency programs and code updates. The following ordinances were updated in 2022:
• Ordinance #866 Adoption of SB 1383 Edible Food Recovery Ordinance • Ordinance #867 Amendments to Chapter 16.44 “Conditional Use Permit” • Ordinance #868 Creation of Chapter 16.59 “Nonconforming Lots, Uses, and Structures”
• Ordinance #869 Creation of Chapter 16.57 “Rezoning and Zoning Text Amendment Procedure”
• Ordinance #870 Amendments to Chapter 16.58 “Variances” • Urgency Ordinance #871 Creation of Chapter 9.45 “Critical Infrastructure” • Ordinance #872 Creation of “Military Equipment” Ordinance • Ordinance #873 Creation of Chapter 9.45 “Critical Infrastructure” Ordinance
Building Department:

The Building Department issued 139 building permits that total $16,838,353.25 in valuation. Only one single-family building permit was issued for 502 Sherman Street. The estimated value of the residential permit indicates that it could be sold or rented at a moderate income level. This is a reissuance for a Building Permit started in 2018 that had stalled in construction. The Building Department finaled 88 building permits. Only one above moderate income single-family residence was finaled in 2022.

Environmental Review:

This document is a reporting document and does not create or alter policy. The content is provided for informational purposes only, and is exempt from the requirements of the California Environmental Quality Act (CEQA) per Guidelines Section 15306, Information Collection
Attachments:

1. City Council Resolution 2023-09 “A Resolution of the City Council of the City of Yreka Approving the Transmission of the 2022 General Plan and Housing Element Annual Progress Report”
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RESOLUTION NO. 2023-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF YREKA APPROVING THE TRANSMISSION OF THE
2022 GENERAL PLAN AND HOUSING ELEMENT

ANNUAL PROGRESS REPORT
WHEREAS, the State of California requires the City of Yreka to adopt and maintain a General Plan to guide the long-term development of the City, pursuant to Government Code Section 65300 et seq; and
WHEREAS, the City of Yreka’s 2002 General Plan has expired December 31, 2022; and
WHEREAS, the City initiated a comprehensive General Plan updated November 2021 with plans to adopt a new General Plan in 2024; and WHEREAS, State Government Code Section 65400(a)(2) requires that an annual report be prepared on the progress in the implementation of the General Plan, and the progress the County is making with regard to meeting its share of regional housing needs; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the 2022 Annual Progress Report and authorizes the Planning Director to transmit a copy of this report to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development prior to April 1, 2023.

PASSED AND ADOPTED this 7th day of March 2023 by the following vote:

AYES:

NOES:

ABSENT:

Corey R. Middleton, Mayor
ATTEST:

Rhetta Hogan, City Clerk
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To:

Prepared By:

Agenda Title:

Meeting date:

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

March 7, 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.
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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
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S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\03 March 2023\2023-03- 07\Homless Contract with Siskiyou County\Staff Report YPD Homeless Liasion Agreement with Siskiyou County.docx

CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager, Mark Gilman, Yreka Police Chief AGENDA TITLE: Motion to Authorize City Manager to sign the Contract for Services agreement between the City and Siskiyou County Health and Human Services Agency.

MEETING DATE: March 7, 2023
Discussion:

On December 20, 2022, the City Council passed Resolution 2022-63 agreeing to enter into an agreement with the City and Siskiyou County Health and Human Services Agency. The draft MOU presented at that meeting has materially changed. The Contract for Services between the City of Yreka and County of Siskiyou’s presented this evening presents agreement where both the County Counsel and the City Attorney have conferred on contract matters. City staff, Chief Gilman and Dr. Sarah Collard have also reviewed the agreement.

Fiscal Impact:

The contract provides for up to $160,000 annually for services and vehicle use to the City. The City’s finance department will bill monthly Siskiyou County Behavioral Health Services Fiscal Department.

Recommendation andRequested Action:

Motion to Authorize City Manager to sign the Contract for Services agreement between the City and Siskiyou County Health and Human Services Agency.
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1 COUNTY OF SISKIYOU

CONTRACT FOR SERVICES

FOR BOARD OF SUPERVISORS SIGNATURE
This Contract is entered into on the date when it has been both approved by the Board and signed by all other parties to it.

COUNTY: Siskiyou County Health and Human Services Agency Behavioral Health Division
2060 Campus Drive
Yreka, CA 96097
(530) 841-4100 Phone
(530) 841-4133 Fax
And
CONTRACTOR: Yreka Police Department, for City of Yreka
Attn: Mark Gilman, Chief of Police
1400 Fairlane Rd.

Yreka, CA 96097
Phone: (530) 841-2300
ARTICLE 1. TERM OF CONTRACT

1.01 Contract Term: This Contract shall become effective on October 1, 2022 and shall terminate on June 30, 2023, unless terminated in accordance with the provisions of Article 7 of this Contract or as otherwise provided herein.

ARTICLE 2. INDEPENDENT CONTRACTOR STATUS

2.01 Independent Contractor: It is the express intention of the parties that CITY is an independent contractor and not an employee, agent, joint venture or partner of County. Nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee between County and CITY or any employee or agent of Contractor. Both parties acknowledge that CITY is not an employee for state or federal tax purposes. CITY shall retain the right to perform services for others during the term of this Contract.

Nothing in this Agreement, nor by virtue of entry of this Agreement itself, shall create a Joint Powers Agreement under Government Code § 6500, et. Seq., between CITY and SISKIYOU COUNTY wherein either CITY or County becomes liable for the act, omission, negligence, gross negligence, reckless or criminal act of the other entity. CITY is an independent contractor. Neither CITY nor any of CITY’s officers, employees, agents or subcontractors, if any, is an employee of the County by virtue of this contract or performance of any work under this Agreement.

ARTICLE 3. SERVICES

3.01 Scope of Services: CITY agrees to furnish the following services:

CITY shall provide the services described in Exhibit “A” attached hereto. 51 of 140
2 No additional services shall be performed by CITY unless approved in advance in writing by the County stating the dollar value of the services, the method of payment, and any adjustment in contract time or other contract terms. All such services are to be coordinated with County and the results of the work shall be monitored by the Health and Human Services Agency Director (SCHHSA) or his or her designee.

To the extent that Exhibit A contains terms in conflict with this Contract or to the extent that it seeks to supplement a provision regarding a subject already fully addressed in this Contract, including a clause similar to this seeking to render its language superior to conflicting language in this Contract, such language is hereby expressly deemed null and void by all parties upon execution of this Contract.

3.02 Method of Performing Services: CITY will determine the method, details, and means of performing the above-described services including measures to protect the safety of the traveling public and CITY’s employees. County shall not have the right to, and shall not, control the manner or determine the method of accomplishing CITY’s services.

3.03 Employment of Assistants: CITY may, at the CITY’s own expense, employ such assistants as CITY deems necessary to perform the services required of CITY by this Contract. County may not control, direct, or supervise CITY’s assistants or employees in the performance of those services.

ARTICLE 4. COMPENSATION

4.01 Compensation: In consideration for the services to be performed by CITY, County agrees to pay CITY in proportion to services satisfactorily performed as specified in Exhibit “A”. Payment shall not exceed the amount appropriated by the Board of Supervisors for such services for the fiscal year. Should the compensation prove insufficient to provide all services, this Agreement may be amended to provide additional compensation, or CITY shall be relieved from further duties hereunder.

The Parties agree that the total compensation payable under this Agreement is $160,000.00. Twelve (12) monthly invoices at $13,333.00, for staff time and materials.

4.02 Invoices: CITY shall submit original detailed invoices for all services being rendered.

4.03 Date for Payment of Compensation: County shall pay within 30 days of receipt of invoices from the CITY to the County, and approval and acceptance of the work by the County.

4.04 Expenses: CITY shall be responsible for all overhead costs and expenses incident to the performance of services for County, including but not limited to, all costs of materials, equipment, all fees, fines, licenses, bonds or taxes required of or imposed against CITY and all other of CITY’s costs of doing business. County 52 of 140
3 shall not be responsible for any overhead expense incurred by CITY in performing services for County except for:1) Personnel costs, including but not limited to, salary and benefits, plus any additional hours of overtime compensation. The cost of the FTE and overtime compensation shall be adjusted, from time to time, to reflect any change in the FTE’s compensation, overtime, and benefits; 2) the cost of a vehicle based on the State of California Labor Surcharge and Equipment Rental Rates for cars; 3) the reasonable rental value of the use that require rental payment to provide the services together with replacement cost of any equipment or repair cost of any facilities.

County shall not be responsible for and shall not be required to compensate CITY for any amount that exceeds the monthly amount of $13,333.00 as detailed in paragraph 4.01 above. CITY shall be solely responsible for payment of any amount in excess of the total compensation payable under this Agreement as detailed in paragraph 4.01.

ARTICLE 5. OBLIGATIONS OF CONTRACTOR

5.01 Contractor Qualifications: CITY warrants that CITY has the necessary licenses, experience and technical skills to provide services under this Contract. City does not warrant that it possesses any special qualifications for recognizing mental health or drug addiction as these skill sets are within COUNTY’S experience and training.

5.02 Contract Management: CITY shall report to the Health and Human Services Agency Director or his or her designee who will review the activities and performance of the CITY and administer this Contract.

5.03 Tools and Instrumentalities: CITY will supply all tools and instrumentalities required to perform the services under this Contract. CITY is not required to purchase or rent any tools, equipment or services from County.

5.04 Workers’ Compensation: CITY shall maintain a workers’ compensation plan covering all its employees as required by California Labor Code Section 3700, either through workers’ compensation insurance issued by an insurance company or through a plan of self-insurance certified by the State Director of Industrial Relations. If CITY elects to be self-insured, the certificate of insurance otherwise required by this Contract shall be replaced with a consent to self-insure issued by the State Director of Industrial Relations. Proof of such insurance shall be provided before any work is commenced under this contract. No payment shall be made unless such proof of insurance is provided.

5.05 Indemnification: The Parties shall indemnify and hold each other harmless against any and all liability imposed or claimed, including attorney’s fees and other legal expenses, arising directly or indirectly from any act or failure of the Parties, their employees, or agents, including all claims relating to the injury or death of any person or damage to any property arising out of the performance of this Agreement. It is understood that the duty of either Party to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California 53 of 140
4 Civil Code. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether any applicable insurance policies shall have been determined to apply. By execution of this Agreement, the Parties acknowledge and agree to the provisions of this Section and that it is a material element of consideration of this Agreement.

5.06 General Liability and Automobile Insurance: During the term of this Agreement City warrants that it does and will keep all its vehicles insurance in an amount of at least One Million Dollars combined liability for bodily injury and property damage by entities authorized to do business in the State of California.

5.07 Certificate of Insurance and Endorsements: CITY shall obtain and file with the County prior to engaging in any operation or activity set forth in this Contract, certificates of insurance evidencing additional insured coverage as set forth in paragraphs 5.04 and 5.10 and which shall provide that no cancellation, reduction in coverage or expiration by the insurance company will be made during the term of this Contract, without thirty (30) days written notice to County prior to the effective date of such cancellation. Naming the County as a “Certificate Holder” or other similar language is NOT sufficient satisfaction of the requirement. Prior to commencement of performance of services by CITY and prior to any obligations of County, CITY shall file certificates of insurance with County showing that CITY has in effect the insurance required by this Contract. CITY shall file a new or amended certificate on the certificate then on file. If changes are made during the term of this Contract, no work shall be performed under this agreement, and no payment may be made until such certificate of insurance evidencing the general liability policy set forth in 5.06 and 5.10 are provided to County.

5.08 Public Employees Retirement System (CalPERS): In the event that CITY or any employee, agent, or subcontractor of CITY when providing services pursuant to this Agreement is determined by a court of competent jurisdiction or the Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of the County, except when that person becomes an employee of COUNTY, CITY shall indemnify, defend, and hold harmless County for the payment of any employee and/or employer contributions of CalPERS benefits on behalf of CITY or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of County. CITY understands and agrees that its personnel are not, and will not be, eligible for memberships in, or any benefits from, any County group plan for hospital, surgical or medical insurance, or for membership in any County retirement program, or for paid vacation, paid sick leave, or other leave, with or without pay, or for any other benefit which accrues to a County employee.

5.09 IRS/FTB Indemnity Assignment: CITY shall defend, indemnify, and hold harmless the County, its officers, agents, and employees, from and against any adverse determination made by the Internal Revenue Service of the State Franchise Tax Board with respect to CITY’s “independent contractor” status that would establish a liability for failure to make social security and income tax withholding payments. 54 of 140
5 5.08 Professional Liability: If CITY or any of its officers, agents, employees, volunteers, contactors or subcontractors are required to be professionally licensed or certified by any agency of the State of California in order to perform any of the work or services identified herein, CITY shall procure and maintain in force throughout the duration of the Contract a professional liability insurance policy with a minimum coverage level of ($1,000,000) One Million Dollars, or as determined in writing by County’s Risk Management Department.

5.10 State and Federal Taxes: As CITY is not County’s employee, CITY is responsible for paying all required state and federal taxes.

In particular:
a. County will not withhold FICA (Social Security) from CITY’s payments; b. County will not make state or federal unemployment insurance contributions on behalf of CITY.
c. County will not withhold state or federal income tax from payment to CITY.
d. County will not make disability insurance contributions on behalf of CITY.
e. County will not obtain workers’ compensation insurance on behalf of CITY.

5.11 Contractor’s Books and Records: CITY shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the County for a minimum of five (5) years, or for any longer period required by law, from the date of final payment to the CITY under this Contract.

Any records or documents required to be maintained shall be made available for inspection, audit and/or copying at any time during regular business hours, upon oral or written request of the County.

5.12 Assignability of Contract: It is understood and agreed that this Contract contemplates personal performance by the CITY and is based upon a determination of its unique personal competence and experience and upon its specialized personal knowledge. Assignments of any or all rights, duties or obligations of the CITY under this Contract will be permitted only with the express written consent of the County.

5.13 Warranty of Contractor: CITY warrants that it, and each of its personnel, where necessary, are properly certified and licensed under the laws and regulations of the State of California to provide the special services agreed to.

5.14 Withholding for Non-Resident Contractor: Pursuant to California Revenue and Taxation Code Section 18662, payments made to nonresident independent contractors, including corporations and partnerships that do not have a permanent place of business in this state, are subject to 7 percent state income tax withholding. Withholding is required if the total yearly payments made under this contract exceed $1,500.00.
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6 Unless the Franchise Tax Board has authorized a reduced rate or waiver of withholding and County is provided evidence of such reduction/waiver, all nonresident contractors will be subject to the withholding. It is the responsibility of the Contractor to submit the Waiver Request (Form 588) to the Franchise Tax Board as soon as possible in order to allow time for the Franchise Tax Board to review the request.

5.15 Compliance with Child, Family and Spousal Support Reporting Obligations: CITY’s failure to comply with state and federal child, family and spousal support reporting requirements regarding CITY’s employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment relating to child, family and spousal support obligations shall constitute a default under this Contract. CITY’s failure to cure such default within ninety (90) days of notice by County shall be grounds for termination of this Contract.

5.16 Conflict of Interest: CITY covenants that it presently has no interest and shall not acquire an interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CITY further covenants that, in the performance of this Contract, no subcontractor or person having such an interest shall be used or employed. CITY certifies that no one who has or will have any financial interest under this contract is an officer or employee of County.

5.17 Compliance with Applicable Laws: CITY shall comply with all applicable federal, state and local laws now or hereafter in force, and with any applicable regulations, in performing the work and providing the services specified in this Contract. This obligation includes, without limitations, the acquisition and maintenance of any permits, licenses, or other entitlements necessary to perform the duties imposed expressly or impliedly under this Contract.

5.18 Bankruptcy: CITY shall immediately notify County in the event that CITY ceases conducting business in the normal manner, becomes insolvent, makes a general assignment for the benefit of creditors, suffer or permits the appointment of a receiver for its business or assets, or avails itself of, or becomes subject to, any proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or protection of the rights of creditors.

5.19 Health Insurance Portability and Accountability Act (HIPAA): CITY agrees to the terms and conditions set forth in the “Business Associates Agreement” attached hereto as Exhibit “C” and those terms and conditions are hereby incorporated into the Contract by reference. Additionally, CITY shall comply with, and assist SCHHSA in complying with, the privacy and security requirements of the Health Insurance Portability and Accountability Act (HIPAA), as follows.

A. Use or Disclosure of Protected Health Information: CITY may use or disclose protected health information (PHI) to perform its obligations under the Contract, provided that such use or disclosure does not violate this Agreement, is not prohibited by the Health Insurance Portability and Accountability Act (HIPAA) including, but not limited to, the provisions of Title 42, United States Code, Section 1320d et seq. and Title 45, Code of Federal Regulations (C.F.R.), 56 of 140
7 Parts 142, 160, 162 and 164, or does not exceed the scope of how County could use or disclose the information.

CITY shall not use, disclose or allow the disclosure of PHI except as permitted herein or as required or authorized by law. CITY shall implement appropriate safeguards to prevent use or disclosure of PHI other than as provided herein.

At the request of and in the time and manner designated by County, CITY shall provide access to PHI in a designated record set as required by 45 C.F.R.

Section 164.524. CITY shall report to County any use or disclosure of PHI not provided for herein or HIPAA regulations.

If CITY provides PHI to a third party, including officers, agents, employees, volunteers, contractors and subcontractors, pursuant to the terms of the Contract, CITY shall ensure that the third party complies with all HIPAA regulations and the terms set forth herein.

B. Documentation and Accounting of Uses and Disclosures: CITY shall document any disclosures of PHI in a manner that would allow County to respond to a request for an accounting of disclosures of PHI in accordance with 45 C.F.R.

Section 164.528. CITY shall provide County, in a time and manner designated by County, all information necessary to respond to a request for an accounting of disclosures of PHI.

C. Amendments to Designated Record Sets: In accordance with 45 C.F.R.

Section 164.526, CITY agrees to amend PHI in its possession as requested by an individual or as directed by County, in a time and manner designated by County.

D. Access to Records: CITY shall make available to County or the Secretary of the United States Department of Health and Human Services (HHS), in the time and manner designated by County or HHS, any records related to the use, disclosure and privacy protections of PHI for the purpose of investigating or auditing County’s compliance with HIPAA regulations.

E. Termination of Agreement: Upon County’s knowledge of a material breach of these provisions or HIPAA regulations, County shall, at its option, either provide CITY with an opportunity to cure the breach or immediately terminate this Contract. If CITY is given an opportunity to cure the breach but fails to do so within the time specified by County, County may terminate the Contract without further notice.

F. Destruction of PHI: Upon termination of this Contract, CITY shall return to County all PHI required to be retained and return or destroy all other PHI to comply with HIPAA regulations. This provision shall apply to PHI in the possession of CITY’s officers, agents, employees, volunteers, contractors and subcontractors who shall retain no copies of the PHI. If CITY determines that returning or destroying the PHI is not feasible, CITY shall provide County with notice specifying the conditions that make return or destruction not feasible. If County agrees that return of the PHI is not feasible, CITY shall continue to extend the protections of this provision to the PHI for so long as CITY or its 57 of 140
8 officers, agents, employees, volunteers, contractors or subcontractors maintain such PHI.

5.20 Nondiscrimination: CITY agrees to the terms and conditions set forth in the “Nondiscrimination in State and Federally-Assisted Programs” addendum, attached hereto as Exhibit “B” and those terms and conditions are hereby incorporated into the Contract by reference.

5.21 Grievance Procedure: If CITY is required by ordinance, regulation, policy, the California Department of Social Services, County or other authority to have a procedure for filing and considering grievances, CITY shall provide County with a copy of CITY's grievance procedure prior to providing services under this Contract.

5.22 Child Abuse and Neglect Reporting: CITY shall comply with all state and federal laws pertaining to the reporting of child abuse and/or neglect. CITY’s officers, employees, agents and volunteers shall report all known or suspected instances of child abuse and/or neglect to the Child Protective Services agency or other agency as required by Penal Code Section 11164 et seq.

5.23 Confidentiality: All information and records obtained in the course of providing services under this Agreement shall be confidential in accordance with applicable State and Federal law. SCHHSA and CITY agree to maintain and will require their officers, employees, agents, volunteers, contractors and sub-contractors to maintain the confidentiality of any applicant for or recipient of public social services. All records concerning any applicant or participant shall be confidential and shall not be open to examination for any purpose not directly connected with the purpose of this Agreement. No person shall publish or disclose, or use or permit, or cause to be published, disclosed or used, any confidential information pertaining to any applicant for or recipient of public social services.

5.24 Patients’ Rights: It is not anticipated that will be caring for patients or interacting with any patient’s guardian or conservator. In the event that CITY does accept “patients,” CITY shall give the patients notice of their rights pursuant to and in compliance with:

California Welfare and Institutions Code Section 5328; California Administrative Code, Title 9, Chapter 1, Subchapter 4, Article 6. In addition, in all facilities providing the services described herein, the CITY shall have prominently posted in the predominant languages of the community a list of the patient’s rights.

ARTICLE 6. OBLIGATIONS OF COUNTY

6.01 Cooperation of County: County agrees to comply with all reasonable requests of CITY to provide COUNTY services and to provide reasonable access to documents and information, as permitted by law, necessary to the performance of CITY’s duties under this Contract and COUNTY’s obligations as the local agency with jurisdiction over Mental Health and other human public health issues. 58 of 140
9 ARTICLE 7. TERMINATION

7.01 Termination on Occurrence of Stated Events: This Contract shall terminate automatically on the occurrence of any of the following events:

1. Bankruptcy or insolvency of CITY

2. Death of Contractor

7.02 Termination by County for Default of Contractor: Should CITY default in the performance of this Contract or materially breach any of its provisions, County, at County’s option, may terminate this Contract by giving written notification to CITY.

7.03 Termination by Parties: Either party may terminate this Contract at any time by providing a notice in writing to the other party that the Contract is terminated. Said Contract shall then be deemed terminated and no further work shall be performed by CITY. If the Contract is so terminated, the CITY shall be paid for that percentage of the phase of work actually completed, based on a pro rata portion of the compensation for said phase satisfactorily completed at the time of notice of termination is received.

7.04 Termination of Funding: County may terminate this Contract in any fiscal year in that it is determined there is not sufficient funding. California Constitution Article XVI Section 18. Termination shall not affect the duty to pay for services rendered prior to SCHHSA’s notice to CITY of such lack of funding.

ARTICLE 8. GENERAL PROVISIONS

8.01 Notices: Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid or return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Contract, but each party may change the address by written notice in accordance with the paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing.

8.02 Entire Agreement of the Parties: This contract supersedes any and all contracts, either oral or written, between the Parties hereto with respect to the rendering of services by CITY for County and contains all the covenants and contracts between the parties with respect to the enduring of such services in any manner whatsoever. Each Party to this Contract acknowledges that no representations, inducements, promises, or contract, orally or otherwise, have been made by any party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other contract, statement, or promise not contained in this Contract shall be valid or binding. Any modification of this Contract will be effective only if it is in writing signed by the Party to be charged and approved by the County as provided herein or as otherwise required by law.
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10 8.03 Partial Invalidity: If any provision in this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provision will nevertheless continue in full force without being impaired or invalidated in any way.

8.04 Attorney’s Fees: If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Contract, the prevailing Party will be entitled to reasonable attorney’s fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

8.05 Conformance to Applicable Laws: CITY shall comply with the standard of care regarding all applicable federal, state and county laws, rules and ordinances.

CITY shall not discriminate in the employment of persons who work under this contract because of race, the color, national origin, ancestry, disability, sex or religion of such person.

8.06 Waiver: In the event that either County or CITY shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or any other covenant, condition or obligation.

8.07 Governing Law: This Contract and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Contract shall be brought exclusively in the Superior Court of California for the County of Siskiyou. If there arises a dispute between the two parties regarding venue in Siskiyou County, the Superior Court of California for the County of Siskiyou shall determine the most appropriate venue. Any such determination shall be governed by CCP §394(a).

8.08 Reduction of Consideration: CITY agrees that County shall have the right to deduct from any payments contracted for under this Contract any amount owed to County by CITY as a result of any obligation arising prior or subsequent to the execution of this contract. For purposes of this paragraph, obligations arising prior to the execution of this contract may include, but are not limited to any property tax, secured or unsecured, which tax is in arrears. If County exercises the right to reduce the consideration specified in this Contract, County shall give CITY notice of the amount of any off-set and the reason for the deduction.

8.09 Negotiated Contract: This Contract has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this Contract within the meaning of California Civil Code Section 1654. Each party hereby represents and warrants that in executing this Contract it does so with full knowledge of the rights and duties it may have with respect to the other. Each party also represents and warrants that it has received independent legal advice from its attorney with respect to the matters set forth in this Contract and the rights and duties arising out of this Contract, or that such party willingly foregoes any such consultation.

8.10 Time is of the Essence: Time is of the essence in the performance of this Contract.
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11 8.11 Materiality: The parties consider each and every term, covenant, and provision of this Contract to be material and reasonable.

8.12 Authority and Capacity: CITY and CITY’s signatory each warrant and represent that each has full authority and capacity to enter into this Contract.

8.13 Binding on Successors: All of the conditions, covenants and terms herein contained shall apply to, and bind, the heirs, successors, executors, administrators and assigns of CITY. CITY and all of CITY’s heirs, successors, executors, administrators, and assigns shall be jointly and severally liable under the Contract.

8.14 Cumulation of Remedies: All of the various rights, options, elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition, covenant or term by the other party. The exercise of any single right, option, election, power or remedy shall not, in any way, impair any other right, option, election, power or remedy until all duties and obligations imposed shall have been fully performed.

8.15 No Reliance On Representations: Each party hereby represents and warrants that it is not relying, and has not relied upon any representation or statement made by the other party with respect to the facts involved or its rights or duties.

Each party understands and agrees that the facts relevant, or believed to be relevant to this Contract, may hereunder turn out to be other than, or different from the facts now known to such party as true, or believed by such party to be true. The parties expressly assume the risk of the facts turning out to be different and agree that this Contract shall be effective in all respects and shall not be subject to rescission by reason of any such difference in facts.

8.16 Electronic Communications: During the course of the performance of Services, communications may occur through sending, receiving or exchanging electronic versions of documents and e-mails using commercially available computer software and Internet access. County and the City acknowledge that the Internet is occasionally victimized by the creation and dissemination of so-called viruses, or similar destructive electronic programs. County and the City view the issues raised by these viruses seriously and have invested in document and e-mail scanning software that identify and reject files containing known viruses. Each party agrees to update its system with the software vendor’s most current releases at regular intervals. Because of the virus scanning software, the respective computer systems of the parties may occasionally reject a communication. The parties acknowledge that this occurrence is to be expected as part of the ordinary course of business. Because the virus protection industry is generally one or two steps behind new viruses, neither party can guarantee that its respective communications and documents will be virus free.

Occasionally, a virus will escape and go undetected as it is passed from system to system. Although each party will use all reasonable efforts to assure that its 61 of 140
12 communications are virus free, neither party warrants that its documents will be virus free. Each party agrees to advise the other if it discovers a virus in its respective system that may have been communicated to the other party.

IN WITNESS WHEREOF, County and CITY have executed this agreement on the dates set forth below, each signatory represents that they have the authority to execute this agreement and to bind the Party on whose behalf their execution is made.

COUNTY OF SISKIYOU:

Date:

ED VALENZUELA, CHAIR
Board of Supervisors
County of Siskiyou
State of California
ATTEST:

LAURA BYNUM
Clerk, Board of Supervisors
By:

Deputy
CONTRACTOR:

CITY OF YREKA
Date:

COREY MIDDLETON, MAYOR
ATTEST:

RHETTA HOGAN
Clerk, City of Yreka
By:

License No.: n/a
(Licensed in accordance with an act providing for the registration of contractors) Note to Contractor: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec. 1189 & 1190 and Corps. Code, Sec. 313.) TAXPAYER I.D. On File
ACCOUNTING:

Fund Organization Account Activity Code NTE
2129 401031 723000 163 $160,000.00
Encumbrance number
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13 Exhibit “A”
I. Scope of Services:

The Yreka Police Department Homeless Liaison Officer will follow the Yreka Police Department Homeless Persons policy, 424, Attachment ‘A1’.

Duties and Responsibilities
The Yreka Police Department Homeless Liaison Officer is responsible for making connections between those experiencing homelessness and the resources available to further their specific housing/service goals. This includes, but is not limited to, making referrals to providers of housing/shelter programs, mental health treatment, substance use treatment, mainstream benefits, education, and employment training. Because the Homeless Liaison Officer does not possess the training, education or qualifications to maintain a level of skill and knowledge equivalent to that required for the Behavioral Health Specialist position within HHSA, the officer will work in close coordination with a Behavioral Health Specialist from HHSA who provides crisis support, case management, and rehabilitation skills. The Homeless Liaison’s initial duties will include:

1. Working a typical day shift patrol duty. The primary responsibility will be to respond to homeless and mental health related calls for service.

2. Contacting the unhoused and attempting to establish a rapport.

3. Offering reasonable support to the target population and learning about their needs/concerns.

4. Patrolling areas of the unhoused campsites and known resting locations.

5. Providing referrals to mental health evaluations.

6. Maintaining partnerships with willing providers and current knowledge of available resources for those who are homeless.

7. Educating the target population on the resources available to those experiencing homelessness.

8. Sharing insights regarding the needs of the target population with the CoC Advisory Board.

9. Participating in the Homeless Multidisciplinary Team as requested by HHSA.

10. Assisting with the annual Point-in-Time Counts as requested by the CoC Advisory Board.

11. Collect program data as appropriate as well as updating the CoC board with the data.

The Homeless Liaison Officer will receive support from other CITY and COUNTY staff in completing the above assignments. The Yreka Police Department (YPD) plans to initially assign part-time Police Officers to this project as often as the Department’s capacity allows. After the program is established, YPD intends to fill the position with full time Police Officer(s), as funding allows. The Homeless Liaison Officer and team members on the project will work under the supervision of the Chief of Police. 63 of 140
14 Staffing and Vehicle
The Yreka Police Department shall commit to 312 hours per month, 3,744 hours per year. These labor hours will be broken into four (4) categories: the assigned Homeless Liaison Officer at 1560 hours per year; the assistant Homeless Liaison Officer at 624 hours per year; Level 1 Reserve Police officers shall be assigned to assist for 1,040 hours per year; and full time patrol Police Officers shall be assigned to 520 hours per year assisting on overtime.

In addition to the planned work hours listed above, a vehicle shall be assigned to the Homeless Liaison Officer, the annual cost for this vehicle shall be $9,250.00 to be reimbursed by COUNTY.

The listed hours and vehicle costs are slightly over the threshold provided by the MOU.

These hours will be monitored by the Homeless Liaison Supervisor and may be adjusted to support emergency situations or miscellaneous needs as they arise, to include staffing warming shelters, supporting fire evacuations, training, etc. Notwithstanding the projected hourly allocation above, the Homeless Liaison Supervisor will monitor and adjust hours as needed to stay within budget unless excused by COUNTY.

Training
The Homeless Liaison Officer will receive training from the Behavioral Health Division of HHSA, California Peace Officer Standards and Training (POST) approved trainers, as well as other relevant and approved trainings as needed. The Homeless Liaison Officer will be required to complete the POST approved course of instruction within one year of accepting the assignment. For example, the Anaheim Police Department has successfully developed courses for a similar role that may be utilized.

II. Compensation
The Yreka Police Department agrees to monitor the hours worked and include the hours in the monthly reports presented at the CoC meetings. Billing shall reflect only the hours dedicated to the program. If costs exceed the amount provided by this MOU the City may adjust its hours committed to the Agreement or, in its sole discretion, be paid by the Yreka Police Department overtime or other departmental budget.

1. The Total compensation payable under this agreement is $160,000.00, Twelve (12) monthly invoices at $13,333.00, for staff time and materials.

2. CITY shall provide original detailed invoices to SCHHSA BHS within 30 days following the month of service. SCHHSA BHS shall pay within 30 days of receipt of invoices from CITY and approval and acceptance of the work by BHS. 64 of 140
15 Attachment ‘A1’
Policy 424 - Yreka Police Department
Yreka PD Policy Manual
Homeless Persons
424.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that personnel understand the needs and rights of the homeless and to establish procedures to guide officers during all contacts with the homeless, whether consensual or for enforcement purposes. The Yreka Police Department recognizes that members of the homeless community are often in need of special protection and services. The Yreka Police Department will address these needs in balance with the overall mission of this department. Therefore, officers will consider the following when serving the homeless community.
424.1.1 POLICY
It is the policy of the Yreka Police Department to provide law enforcement services to all members of the community, while protecting the rights, dignity and private property of the homeless. Homelessness is not a crime and members of this department will not use homelessness solely as a basis for detention or law enforcement action. 424.2 HOMELESS COMMUNITY LIAISON
The Chief of Police will designate a member of this department to act as the Homeless Liaison Officer. The responsibilities of the Homeless Liaison Officer include the following:
(a) Maintain and make available to all department employees a list of assistance programs and other resources that are available to the homeless. (b) Meet with social services and representatives of other organizations that render assistance to the homeless.
(c) Maintain a list of the areas within and near this jurisdiction that are used as frequent homeless encampments.
(d) Remain abreast of laws dealing with the removal and/or destruction of the personal property of the homeless. This will include as set out by city ordinance:

1. Proper posting of notices of trespass and clean-up operations.

2. Proper retention of property after clean-up, to include procedures for owners to reclaim their property in accordance with the Property and Evidence Policy and other established procedures.
(e) Be present during any clean-up operation conducted by this department involving the removal of personal property of the homeless to ensure that the rights of the homeless are not violated.
(f) Develop training to assist officers in understanding current legal and social issues relating to the homeless.
424.3 FIELD CONTACTS
Officers are encouraged to contact the homeless for purposes of rendering aid, support and for community-oriented policing purposes. Nothing in this policy is meant to dissuade an officer from taking reasonable enforcement action when facts support a reasonable suspicion of criminal activity. However, when encountering a homeless person who has committed a nonviolent misdemeanor and continued freedom is not likely to result in a continuation of the offense or a breach of the peace, officers are encouraged to consider long-term solutions to problems that may relate to the homeless, such as shelter referrals and counseling in lieu of physical arrest. Officers should provide homeless persons with resource and assistance information whenever it is reasonably apparent that such services may be appropriate. 65 of 140
16 424.3.1 OTHER CONSIDERATIONS
CITY will not discriminate against homeless members of the community as to the level and quality of service as may be provided to other members of the community. The fact that a victim or witness is homeless can, however, require special considerations for a successful investigation and prosecution. Officers should consider the following when handling investigations involving homeless victims, witnesses or suspects:
(a) Document alternate contact information. This may include obtaining addresses and phone numbers of relatives and friends.
(b) Document places the homeless person may frequent.
(c) Provide homeless victims with victim/witness resources when appropriate. (d) Obtain statements from all available witnesses in the event that a homeless victimis unavailable for a court appearance.
(e) Consider whether the person may be a dependent adult or elder, and if so, proceed in accordance with the Adult Abuse Policy.
(f) Arrange for transportation for investigation-related matters, such as medical exams and court appearances.
(g) Consider whether a crime should be reported and submitted for prosecution, even when a homeless victim indicates that he/she does not desire prosecution. 424.4 PERSONAL PROPERTY
The personal property of homeless persons is not in violation of law their personal property will be treated similarly to the property of other members of the public. Officers should use reasonable care when handling, collecting and retaining the personal property of homeless persons and should not destroy or discard the personal property of a homeless person. When a homeless person is arrested or otherwise removed from a public place, officers should make reasonable accommodations to permit the person to lawfully secure his/her personal property. Otherwise, the personal property should be collected as provided by ordinance. If the arrestee has more personal property than can reasonably be collected and transported by the officer, a supervisor should be consulted. The property should be photographed and measures should be taken to remove or secure the property. It will be the supervisor’s responsibility to coordinate the removal and safekeeping of the property.

In the discretion of the city’s chain of command, officers should not conduct or assist in cleanup operations of belongings that reasonably appear to be the property of homeless persons without the prior authorization of a supervisor or the department Homeless Liaison Officer.

When practicable, requests by the public for clean-up of a homeless encampment should be referred to the Homeless Liaison Officer.

Officers who encounter unattended encampments which are not otherwise in violation of law, bedding or other personal property in public areas that reasonably appears to belong to a homeless person should not remove or destroy such property and should inform the department Homeless Liaison Officer if such property appears to involve a trespass, blight to the community or is the subject of a complaint. It will be the responsibility of the Homeless Liaison Officer to address the matter in a timely fashion as the budget permits. 424.5 MENTAL ILLNESS AND MENTAL IMPAIRMENT
Some homeless persons may suffer from a mental illness or a mental impairment. Officers should not detain a homeless person under a mental illness commitment unless facts and circumstances warrant such a detention (see the Crisis Intervention Incidents Policy).

When a mental illness hold is not warranted in the officer’s opinion, the contacting officer should provide the homeless person with contact information for mental health assistance as appropriate. Inthese circumstances, officers may provide transportation to a mental health specialist if requested by the person and approved by a supervisor and if permitted by city 66 of 140
17 policy and its insurance obligations.
424.6 ECOLOGICAL ISSUES
Sometimes homeless encampments can impact the ecology and natural resources of the community and may involve criminal offenses beyond mere littering. Officers are encouraged to notify other appropriate agencies or departments when a significant impact to the environment has or is likely to occur. Significant impacts to the environment may warrant a crime report, investigation, supporting photographs and supervisor notification. 67 of 140
18 Exhibit “B”

ASSURANCE OF COMPLIANCE WITH THE SISKIYOU COUNTY HEALTH AND HUMAN SERVICES AGENCY – BEHAVIORAL HEALTH DIVISION NONDISCRIMINATION IN STATE AND FEDERALLY – ASSISTED PROGRAMS
CONTRACTOR HEREBY AGREES THAT it will comply with the nondiscrimination provisions of this contract as further described below and referenced in the California Department of Health Care Services Specialty Mental Health Services Agreement Exhibit E, Section 3 - 1) Consistent with the requirements of applicable federal law such as 42 C.F.R. §§ 438.6(d)(3) and (4) or state law, the Contractor shall not engage in any unlawful discriminatory practices in the admission of beneficiaries, assignments of accommodations, treatment, evaluation, employment of personnel, or in any other respect on the basis of race, color, gender, religion, marital status, national origin, age, sexual preference or mental or physical handicap. The Contractor will not discriminate against beneficiaries on the basis of health status or need for health care services, pursuant to 42 C.F.R. § 438.6(d)(3). 2) The Contractor shall comply with the provisions of Section 504 of the Rehabilitation Act of 1973, as amended, pertaining to the prohibition of discrimination against qualified handicapped persons in all federally assisted programs or activities, as detailed in regulations signed by the Secretary of Health and Human Services, effective June 2, 1977, and found in the Federal Register, Volume 42, No. 86, dated May 4, 1977.

Contractor agrees this assurance is binding on the vendor/recipient directly or through contract, license, or other provider services, as long as it received federal or state assistance. 68 of 140
19 Exhibit “C”

BUSINESS ASSOCIATES AGREEMENT

UNDER THE HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996 (HIPAA)
Siskiyou County Health and Human Services Agency, Behavioral Health Division (“County”) is a Covered Entity as defined by, and subject to the requirements and prohibitions of, the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA), and regulations promulgated thereunder, including the Privacy, Security, Breach Notification, and Enforcement Rules at 45 Code of Federal Regulations (C.F.R.) Parts 160 and 164 (collectively, the "HIPAA Rules").

Contractor performs or provides functions, activities or services to County that require Contractor, in order to provide such functions, activities or services, to create, access, receive, maintain, and/or transmit information that includes or that may include Protected Health Information, as defined by the HIPAA Rules. As such, Contractor is a Business Associate as defined by the HIPAA Rules, and is therefore subject to those provisions of the HIPAA Rules that are applicable to Business Associates.

The HIPAA Rules require a written agreement ("Business Associate Agreement") between County and Contractor in order to mandate certain protections for the privacy and security of Protected Health Information, and these HIPAA Rules prohibit the disclosure to or use of Protected Health Information by Contractor if such an agreement is not in place.

This Business Associate Agreement and its provisions are intended to protect the privacy and provide for the security of Protected Health Information disclosed to or used by Contractor in compliance with the HIPAA Rules.

Therefore, the parties agree as follows:

1. DEFINITIONS

1.1 "Breach" has the same meaning as the term "breach" at 45 C.F.R. § 164.402.

1.2 "Business Associate" has the same meaning as the term "business associate" at 45 C.F.R. § 160.103. For the convenience of the parties, a "business associate" is a person or entity, other than a member of the workforce of covered entity, who performs functions or activities on behalf of, or provides certain services to, a covered entity that involve access by the business associate to Protected Health Information. A "business associate" also is a subcontractor that creates, receives, maintains, or transmits Protected Health Information on behalf of another business associate. And in reference to the party to this Business Associate Agreement "Business Associate" shall mean Contractor.

1.3 "Covered Entity" has the same meaning as the term “covered entity” at 45 C.F.R. § 160.103, and in reference to the party to this Business Associate Agreement, "Covered Entity" shall mean Siskiyou County Health and Human Services Agency, Behavioral Health Division.

1.4 "Data Aggregation" has the same meaning as the term "data aggregation" at 45 C.F.R. § 164.501.
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20 1.5 "De-identification" refers to the de-identification standard at 45 C.F.R. § 164.514.

1.6 "Designated Record Set" has the same meaning as the term "designated record set" at 45 C.F.R. § 164.501.

1.7 "Disclose” and “Disclosure” mean, with respect to Protected Health Information, the release, transfer, provision of access to, or divulging in any other manner of Protected Health Information outside Business Associate’s internal operations or to other than its workforce. (See 45 C.F.R. § 160.103.)

1.8 "Electronic Health Record” means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff. (See 42 U.S. C. § 17921.)

1.9 “Electronic Media” has the same meaning as the term “electronic media” at 45C.F.R. § 160.103. For the convenience of the parties, electronic media means (1) Electronic storage material on which data is or may be recorded electronically, including, for example, devices in computers (hard drives) and any removable/transportable digital memory medium, such as magnetic tape or disk, optical disk, or digital memory card; (2) Transmission media used to exchange information already in electronic storage media. Transmission media include, for example, the Internet, extranet or intranet, leased lines, dial-up lines, private networks, and the physical movement of removable/transportable electronic storage media. Certain transmissions, including of paper, via facsimile, and of voice, via telephone, are not considered to be transmissions via electronic media if the information being exchanged did not exist in electronic form immediately before the transmission.

1.10 "Electronic Protected Health Information” has the same meaning as the term “electronic protected health information” at 45 C.F.R. § 160.103, limited to Protected Health Information created or received by Business Associate from or on behalf of Covered Entity. For the convenience of the parties, Electronic Protected Health Information means Protected Health Information that is (i) transmitted by electronic media; (ii) maintained in electronic media.

1.11 "Health Care Operations" has the same meaning as the term "health care operations" at 45 C.F.R. § 164.501.

1.12 "Individual” has the same meaning as the term "individual" at 45 C.F.R. § 160.103. For the convenience of the parties, Individual means the person who is the subject of Protected Health Information and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. § 164.502 (g).

1.13 "Law Enforcement Official" has the same meaning as the term "law enforcement official" at 45 C.F.R. § 164.103.

1.14 "Minimum Necessary" refers to the minimum necessary standard at 45 C.F.R. § 162.502 (b).

1.15 “Protected Health Information” has the same meaning as the term “protected health information” at 45 C.F.R. § 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. For the convenience of the parties, Protected Health Information includes information that (i) relates to the past, 70 of 140
21 present or future physical or mental health or condition of an Individual; the provision of health care to an Individual, or the past, present or future payment for the provision of health care to an Individual; (ii) identifies the Individual (or for which there is a reasonable basis for believing that the information can be used to identify the Individual); and (iii) is created, received, maintained, or transmitted by Business Associate from or on behalf of Covered Entity, and includes Protected Health Information that is made accessible to Business Associate by Covered Entity. “Protected Health Information” includes Electronic Protected Health Information.

1.16 “Required by Law” " has the same meaning as the term "required by law" at 45 C.F.R. § 164.103.

1.17 "Secretary" has the same meaning as the term "secretary" at 45 C.F.R. § 160.103

1.18 "Security Incident” has the same meaning as the term "security incident" at 45 C.F.R. § 164.304.

1.19 "Services” means, unless otherwise specified, those functions, activities, or services in the applicable underlying Agreement, Contract, Master Agreement, Work Order, or Purchase Order or other service arrangement, with or without payment, that gives rise to Contractor's status as a Business Associate.

1.20 "Subcontractor" has the same meaning as the term "subcontractor" at 45 C.F.R. § 160.103.

1.21 "Unsecured Protected Health Information" has the same meaning as the term “unsecured protected health information" at 45 C.F.R. § 164.402.

1.22 “Use” or “Uses” means, with respect to Protected Health Information, the sharing, employment, application, utilization, examination or analysis of such Information within Business Associate’s internal operations. (See 45 C.F.R § 164.103.)

1.23 Terms used, but not otherwise defined in this Business Associate Agreement, have the same meaning as those terms in the HIPAA Rules.

2. PERMITTED AND REQUIRED USES AND DISCLOSURES OF PROTECTED HEALTH

INFORMATION

2.1 Business Associate may only Use and/or Disclose Protected Health Information as necessary to perform Services, and/or as necessary to comply with the obligations of this Business Associate Agreement.

2.2 Business Associate may Use Protected Health Information for de-identification of the information if de-identification of the information is required to provide Services.

2.3 Business Associate may Use or Disclose Protected Health Information as Required by Law.

2.4 Business Associate shall make Uses and Disclosures and requests for Protected Health Information consistent with the Covered Entity’s applicable Minimum Necessary policies and procedures.
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22 2.5 Business Associate may Use Protected Health Information as necessary for the proper management and administration of its business or to carry out its legal responsibilities.

2.6 Business Associate may Disclose Protected Health Information as necessary for the proper management and administration of its business or to carry out its legal responsibilities, provided the Disclosure is Required by Law or Business Associate obtains reasonable assurances from the person to whom the Protected Health Information is disclosed (i.e., the recipient) that it will be held confidentially and Used or further Disclosed only as Required by Law or for the purposes for which it was disclosed to the recipient and the recipient notifies Business Associate of any instances of which it is aware in which the confidentiality of the Protected Health Information has been breached.

2.7 Business Associate may provide Data Aggregation services relating to Covered Entity's Health Care Operations if such Data Aggregation services are necessary in order to provide Services.

3. PROHIBITED USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION

3.1 Business Associate shall not Use or Disclose Protected Health Information other than as permitted or required by this Business Associate Agreement or as Required by Law.

3.2 Business Associate shall not Use or Disclose Protected Health Information in a manner that would violate Subpart E of 45 C.F.R. Part 164 if done by Covered Entity, except for the specific Uses and Disclosures set forth in Sections 2.5 and 2.6.

3.3 Business Associate shall not Use or Disclose Protected Health Information for deidentification of the information except as set forth in section 2.2.

4. OBLIGATIONS TO SAFEGUARD PROTECTED HEALTH INFORMATION

4.1 Business Associate shall implement, use, and maintain appropriate safeguards to prevent the Use or Disclosure of Protected Health Information other than as provided for by this Business Associate Agreement.

4.2 Business Associate shall comply with Subpart C of 45 C.F.R Part 164 with respect to Electronic Protected Health Information, to prevent the Use or Disclosure of such information other than as provided for by this Business Associate Agreement.

5. REPORTING NON-PERMITTED USES OR DISCLOSURES, SECURITY INCIDENTS, AND

BREACHES OF UNSECURED PROTECTED HEALTH INFORMATION

5.1 Business Associate shall report to Covered Entity any Use or Disclosure of Protected Health Information not permitted by this Business Associate Agreement, any Security Incident, and/ or any Breach of Unsecured Protected Health Information as further described in Sections 5.1.1, 5.1.2, and 5.1.3.

5.1.1 Business Associate shall report to Covered Entity any Use or Disclosure of Protected Health Information by Business Associate, its employees, representatives, agents or Subcontractors not provided for by this Agreement of which Business Associate becomes aware.
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23 5.1.2 Business Associate shall report to Covered Entity any Security Incident of which Business Associate becomes aware.

5.1.3. Business Associate shall report to Covered Entity any Breach by Business Associate, its employees, representatives, agents, workforce members, or Subcontractors of Unsecured Protected Health Information that is known to Business Associate or, by exercising reasonable diligence, would have been known to Business Associate. Business Associate shall be deemed to have knowledge of a Breach of Unsecured Protected Health Information if the Breach is known, or by exercising reasonable diligence would have been known, to any person, other than the person committing the Breach, who is an employee, officer, or other agent of Business Associate, including a Subcontractor, as determined in accordance with the federal common law of agency.

5.2 Except as provided in Section 5.3, for any reporting required by Section 5.1, Business Associate shall provide, to the extent available, all information required by, and within the times frames specified in, Sections 5.2.1 and 5.2.2.

5.2.1 Business Associate shall make an immediate telephonic report upon discovery of the non-permitted Use or Disclosure of Protected Health Information, Security Incident or Breach of Unsecured Protected Health Information to (562) 940-3335 that minimally includes:
(a) A brief description of what happened, including the date of the nonpermitted Use or Disclosure, Security Incident, or Breach and the date of Discovery of the non-permitted Use or Disclosure, Security Incident, or Breach, if known;
(b) The number of Individuals whose Protected Health Information is involved;
(c) A description of the specific type of Protected Health Information involved in the non-permitted Use or Disclosure, Security Incident, or Breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code or other types of information were involved);
(d) The name and contact information for a person highly knowledge of the facts and circumstances of the non-permitted Use or Disclosure of PHI, Security Incident, or Breach

5.2.2 Business Associate shall make a written report without unreasonable delay and in no event later than three (3) business days from the date of discovery by Business Associate of the non-permitted Use or Disclosure of Protected Health Information, Security Incident, or Breach of Unsecured Protected Health Information and to the Health and Human Services Agency Privacy Officer at: Dee Barton, Privacy Officer, Siskiyou County Health and Human Services Agency, 2060 Campus Drive, Yreka, CA 96097,
[email protected], Phone: (530) 841-4805, Fax: (530) 841- 4133, that includes, to the extent possible:
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24 (a) A brief description of what happened, including the date of the nonpermitted Use or Disclosure, Security Incident, or Breach and the date of Discovery of the non-permitted Use or Disclosure, Security Incident, or Breach, if known;
(b) The number of Individuals whose Protected Health Information is involved;
(c) A description of the specific type of Protected Health Information involved in the non-permitted Use or Disclosure, Security Incident, or Breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code or other types of information were involved);
(d) The identification of each Individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, Used, or Disclosed;
(e) Any other information necessary to assess whether notification to the Individual(s) under 45 C.F.R. § 164.404 is required;
(f) Any steps Business Associate believes that the Individual(s) could take to protect him or herself from potential harm from the non- permitted Use or Disclosure, Security Incident, or Breach;
(g) A brief description of what Business Associate is doing to investigate, to mitigate harm to the Individual(s), and to protect against any further similar occurrences; and
(h) The name and contact information for a person highly knowledge of the facts and circumstances of the non-permitted Use or Disclosure of PHI, Security Incident, or Breach.

5.2.3 If Business Associate is not able to provide the information specified in Section

5.2.1 or 5.2.2 at the time of the required report, Business Associate shall provide such information promptly thereafter as such information becomes available.

5.3 Business Associate may delay the notification required by Section 5.1.3, if a law enforcement official states to Business Associate that notification would impede a criminal investigation or cause damage to national security.

5.3.1 If the law enforcement official's statement is in writing and specifies the time for which a delay is required, Business Associate shall delay its reporting and/or notification obligation(s) for the time period specified by the official.

5.3.2 If the statement is made orally, Business Associate shall document the statement, including the identity of the official making the statement, and delay its reporting and/or notification obligation(s) temporarily and no longer than 30 days from the date of the oral statement, unless a written statement as described in Section 5.3.1 is submitted during that time. 74 of 140
25 6. WRITTEN ASSURANCES OF SUBCONTRACTORS

6.1 In accordance with 45 C.F.R. § 164.502 (e)(1)(ii) and § 164.308 (b)(2), if applicable, Business Associate shall ensure that any Subcontractor that creates, receives, maintains, or transmits Protected Health Information on behalf of Business Associate is made aware of its status as a Business Associate with respect to such information and that Subcontractor agrees in writing to the same restrictions, conditions, and requirements that apply to Business Associate with respect to such information.

6.2 Business Associate shall take reasonable steps to cure any material breach or violation by Subcontractor of the agreement required by Section 6.1.

6.3 If the steps required by Section 6.2 do not cure the breach or end the violation, Contractor shall terminate, if feasible, any arrangement with Subcontractor by which Subcontractor creates, receives, maintains, or transmits Protected Health Information on behalf of Business Associate.

6.4 If neither cure nor termination as set forth in Sections 6.2 and 6.3 is feasible, Business Associate shall immediately notify CalMHSA.

6.5 Without limiting the requirements of Section 6.1, the agreement required by Section

6.1 (Subcontractor Business Associate Agreement) shall require Subcontractor to contemporaneously notify Covered Entity in the event of a Breach of Unsecured Protected Health Information.

6.6 Without limiting the requirements of Section 6.1, agreement required by Section 6.1 (Subcontractor Business Associate Agreement) shall include a provision requiring Subcontractor to destroy, or in the alternative to return to Business Associate, any Protected Health Information created, received, maintained, or transmitted by Subcontractor on behalf of Business Associate so as to enable Business Associate to comply with the provisions of Section 18.4.

6.7 Business Associate shall provide to Covered Entity, at Covered Entity's request, a copy of any and all Subcontractor Business Associate Agreements required by Section

6.1. 6.8 Sections 6.1 and 6.7 are not intended by the parties to limit in any way the scope of Business Associate's obligations related to Subcontracts or Subcontracting in the applicable underlying Agreement, Contract, Master Agreement, Work Order, Purchase Order, or other services arrangement, with or without payment, that gives rise to Contractor's status as a Business Associate.

7. ACCESS TO PROTECTED HEALTH INFORMATION

7.1 To the extent Covered Entity determines that Protected Health Information is maintained by Business Associate or its agents or Subcontractors in a Designated Record Set, Business Associate shall, within two (2) business days after receipt of a request from Covered Entity, make the Protected Health Information specified by Covered Entity available to the Individual(s) identified by Covered Entity as being entitled to access and shall provide such Individuals(s) or other person(s) designated by Covered Entity with a copy the specified Protected Health Information, in order for Covered Entity to meet the requirements of 45 C.F.R. § 164.524. 75 of 140
26 7.2 If any Individual requests access to Protected Health Information directly from Business Associate or its agents or Subcontractors, Business Associate shall notify Covered Entity in writing within two (2) days of the receipt of the request. Whether access shall be provided or denied shall be determined by Covered Entity.

7.3 To the extent that Business Associate maintains Protected Health Information that is subject to access as set forth above in one or more Designated Record Sets electronically and if the Individual requests an electronic copy of such information, Business Associate shall provide the Individual with access to the Protected Health Information in the electronic form and format requested by the Individual, if it is readily producible in such form and format; or, if not, in a readable electronic form and format as agreed to by Covered Entity and the Individual.

8. AMENDMENT OF PROTECTED HEALTH INFORMATION

8.1 To the extent Covered Entity determines that any Protected Health Information is maintained by Business Associate or its agents or Subcontractors in a Designated Record Set, Business Associate shall, within ten (10) business days after receipt of a written request from Covered Entity, make any amendments to such Protected Health Information that are requested by Covered Entity, in order for Covered Entity to meet the requirements of 45 C.F.R. § 164.526.

8.2 If any Individual requests an amendment to Protected Health Information directly from Business Associate or its agents or Subcontractors, Business Associate shall notify Covered Entity in writing within five (5) days of the receipt of the request. Whether an amendment shall be granted or denied shall be determined by Covered Entity.

9. ACCOUNTING OF DISCLOSURES OF PROTECTED HEALTH INFORMATION

9.1 Business Associate shall maintain an accounting of each Disclosure of Protected Health Information made by Business Associate or its employees, agents, representatives or Subcontractors, as is determined by Covered Entity to be necessary in order to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. § 164.528.

9.1.1 Any accounting of disclosures provided by Business Associate under Section

9.1 shall include:
(a) The date of the Disclosure;
(b) The name, and address if known, of the entity or person who received the Protected Health Information;
(c) A brief description of the Protected Health Information Disclosed; and (d) A brief statement of the purpose of the Disclosure.

9.1.2 For each Disclosure that could require an accounting under Section 9.1, Business Associate shall document the information specified in Section 9.1.1, and shall maintain the information for six (6) years from the date of the Disclosure.
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27 9.2 Business Associate shall provide to Covered Entity, within ten (10) business days after receipt of a written request from Covered Entity, information collected in accordance with Section 9.1.1 to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. § 164.528

9.3 If any Individual requests an accounting of disclosures directly from Business Associate or its agents or Subcontractors, Business Associate shall notify Covered Entity in writing within five (5) days of the receipt of the request, and shall provide the requested accounting of disclosures to the Individual(s) within 30 days. The information provided in the accounting shall be in accordance with 45 C.F.R. § 164.528.

10. COMPLIANCE WITH APPLICABLE HIPAA RULES

10.1 To the extent Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with the requirements of Subpart E that apply to Covered Entity's performance of such obligation(s).

10.2 Business Associate shall comply with all HIPAA Rules applicable to Business Associate in the performance of Services.

11. AVAILABILITY OF RECORDS

11.1 Business Associate shall make its internal practices, books, and records relating to the Use and Disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity available to the Secretary for purposes of determining Covered Entity’s compliance with the Privacy and Security Regulations.

11.2 Unless prohibited by the Secretary, Business Associate shall immediately notify Covered Entity of any requests made by the Secretary and provide Covered Entity with copies of any documents produced in response to such request.

12. MITIGATION OF HARMFUL EFFECTS

12.1 Business Associate shall mitigate, to the extent practicable, any harmful effect of a Use or Disclosure of Protected Health Information by Business Associate in violation of the requirements of this Business Associate Agreement that is known to Business Associate.

13. BREACH NOTIFICATION TO INDIVIDUALS

13.1 Business Associate shall, to the extent Covered Entity determines that there has been a Breach of Unsecured Protected Health Information by Business Associate, its employees, representatives, agents or Subcontractors, provide breach notification to the Individual in a manner that permits Covered Entity to comply with its obligations under 45 C.F.R. § 164.404.

13.1.1 Business Associate shall notify, subject to the review and approval of Covered Entity, each Individual whose Unsecured Protected Health 77 of 140
28 Information has been, or is reasonably believed to have been, accessed, acquired, Used, or Disclosed as a result of any such Breach.

13.1.2 The notification provided by Business Associate shall be written in plain language, shall be subject to review and approval by Covered Entity, and shall include, to the extent possible:
(a) A brief description of what happened, including the date of the Breach and the date of the Discovery of the Breach, if known;
(b) A description of the types of Unsecured Protected Health Information that were involved in the Breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); (c) Any steps the Individual should take to protect him or herself from potential harm resulting from the Breach;
(d) A brief description of what Business Associate is doing to investigate the Breach, to mitigate harm to Individual(s), and to protect against any further Breaches; and
(e) Contact procedures for Individual(s) to ask questions or learn additional information, which shall include a toll-free telephone number, an e-mail address, Web site, or postal address.

13.2 Covered Entity, in its sole discretion, may elect to provide the notification required by Section 13.1 and/or to establish the contact procedures described in Section 13.1.2.

13.3 Business Associate shall reimburse Covered Entity any and all costs incurred by Covered Entity, in complying with Subpart D of 45 C.F.R. Part 164, including but not limited to costs of notification, internet posting, or media publication, as a result of Business Associate's Breach of Unsecured Protected Health Information; Covered Entity shall not be responsible for any costs incurred by Business Associate in providing the notification required by 13.1 or in establishing the contact procedures required by Section 13.1.2.

14. INDEMNIFICATION

14.1 Business Associate shall indemnify, defend, and hold harmless Covered Entity, its Special Districts, elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, expenses (including attorney and expert witness fees), and penalties and/or fines (including regulatory penalties and/or fines), arising from or connected with Business Associate's acts and/or omissions arising from and/or relating to this Business Associate Agreement, including, but not limited to, compliance and/or enforcement actions and/or activities, whether formal or informal, by the Secretary or by the Attorney General of the State of California.

14.2 Section 14.1 is not intended by the parties to limit in any way the scope of Business Associate's obligations related to Insurance and/or Indemnification in the applicable underlying Agreement, Contract, Master Agreement, Work Order,Purchase Order, 78 of 140
29 or other services arrangement, with or without payment, that gives rise to Contractor's status as a Business Associate.

15. OBLIGATIONS OF COVERED ENTITY

15.1 Covered Entity shall notify Business Associate of any current or future restrictions or limitations on the Use or Disclosure of Protected Health Information that would affect Business Associate’s performance of the Services, and Business Associate shall thereafter restrict or limit its own Uses and Disclosures accordingly.

15.2 Covered Entity shall not request Business Associate to Use or Disclose Protected Health Information in any manner that would not be permissible under Subpart E of 45 C.F.R. Part 164 if done by Covered Entity, except to the extent that Business Associate may Use or Disclose Protected Health Information as provided in Sections 2.3, 2.5, and 2.6.

16. TERM

16.1 Unless sooner terminated as set forth in Section 17, the term of this Business Associate Agreement shall be the same as the term of the applicable underlying Agreement, Contract, Participation Agreement, Master Agreement, Work Order, Purchase Order, or other service arrangement, with or without payment, that gives rise to Contractor's status as a Business Associate.

16.2 Notwithstanding Section 16.1, Business Associate’s obligations under Sections 11, 14, and 18 shall survive the termination or expiration of this Business Associate Agreement.

17. TERMINATION FOR CAUSE

17.1 In addition to and notwithstanding the termination provisions set forth in the applicable underlying Agreement, Contract, Participation Agreement, Master Agreement, Work Order, Purchase Order, or other services arrangement, with or without payment, that gives rise to Contractor's status as a Business Associate, if either party determines that the other party has violated a material term of this Business Associate Agreement, and the breaching party has not cured the breach or ended the violation within the time specified by the non-breaching party, which shall be reasonable given the nature of the breach and/or violation, the non-breaching party may terminate this Business Associate Agreement.

17.2 In addition to and notwithstanding the termination provisions set forth in the applicable underlying Agreement, Contract, Participation Agreement, Master Agreement, Work Order, Purchase Order, or other services arrangement, with or without payment, that gives rise to Contractor's status as a Business Associate, if either party determines that the other party has violated a material term of this Business Associate Agreement, and cure is not feasible, the non-breaching party may terminate this Business Associate Agreement immediately.

18. DISPOSITION OF PROTECTED HEALTH INFORMATION UPON TERMINATION OR

EXPIRATION

18.1 Except as provided in Section 18.3, upon termination for any reason or expiration of this Business Associate Agreement, Business Associate shall return or, if agreed to 79 of 140
30 by Covered entity, shall destroy as provided for in Section 18.2, all Protected Health Information received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, that Business Associate, including any Subcontractor, still maintains in any form. Business Associate shall retain no copies of the Protected Health Information.

18.2 Destruction for purposes of Section 18.2 and Section 6.6 shall mean that media on which the Protected Health Information is stored or recorded has been destroyed and/or electronic media have been cleared, purged, or destroyed in accordance with the use of a technology or methodology specified by the Secretary in guidance for rendering Protected Health Information unusable, unreadable, or indecipherable to unauthorized individuals.

18.3 Notwithstanding Section 18.1, in the event that return or destruction of Protected Health Information is not feasible or Business Associate determines that any such Protected Health Information is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities, Business Associate may retain that Protected Health Information for which destruction or return is infeasible or that Protected Health Information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities and shall return or destroy all other Protected Health Information.

18.3.1 Business Associate shall extend the protections of this Business Associate Agreement to such Protected Health Information, including continuing to use appropriate safeguards and continuing to comply with Subpart C of 45 C.F.R Part 164 with respect to Electronic Protected Health Information, to prevent the Use or Disclosure of such information other than as provided for in Sections

2.5 and 2.6 for so long as such Protected Health Information is retained, and Business Associate shall not Use or Disclose such Protected Health Information other than for the purposes for which such Protected Health Information was retained.

18.3.2 Business Associate shall return or, if agreed to by Covered entity, destroy the Protected Health Information retained by Business Associate when it is no longer needed by Business Associate for Business Associate's proper management and administration or to carry out its legal responsibilities.

18.4 Business Associate shall ensure that all Protected Health Information created, maintained, or received by Subcontractors is returned or, if agreed to by Covered entity, destroyed as provided for in Section 18.2.

19. AUDIT, INSPECTION, AND EXAMINATION

19.1 Covered Entity reserves the right to conduct a reasonable inspection of the facilities, systems, information systems, books, records, agreements, and policies and procedures relating to the Use or Disclosure of Protected Health Information for the purpose determining whether Business Associate is in compliance with the terms of this Business Associate Agreement and any non-compliance may be a basis for termination of this Business Associate Agreement and the applicable underlying Agreement, Contract, Master Agreement, Work Order, Purchase Order or other services arrangement, with or without payment, that gives rise to Contractor's status as a Business Associate, as provided for in section 17. 80 of 140
31 19.2 Covered Entity and Business Associate shall mutually agree in advance upon the scope, timing, and location of any such inspection.

19.3 At Business Associate's request, and to the extent permitted by law, Covered Entity shall execute a nondisclosure agreement, upon terms and conditions mutually agreed to by the parties.

19.4 That Covered Entity inspects, fails to inspect, or has the right to inspect as provided for in Section 19.1 does not relieve Business Associate of its responsibility to comply with this Business Associate Agreement and/or the HIPAA Rules or impose on Covered Entity any responsibility for Business Associate's compliance with any applicable HIPAA Rules.

19.5 Covered Entity's failure to detect, its detection but failure to notify Business Associate, or its detection but failure to require remediation by Business Associate of an unsatisfactory practice by Business Associate, shall not constitute acceptance of such practice or a waiver of Covered Entity's enforcement rights under this Business Associate Agreement or the applicable underlying Agreement, Contract, Master Agreement, Work Order, Purchase Order or other services arrangement, with or without payment, that gives rise to Contractor's status as a Business Associate.

19.6 Section 19.1 is not intended by the parties to limit in any way the scope of Business Associate's obligations related to Inspection and/or Audit and/or similar review in the applicable underlying Agreement, Contract, Participation Agreement, Master Agreement, Work Order, Purchase Order, or other services arrangement, with or without payment, that gives rise to Contractor's status as a Business Associate.

20. MISCELLANEOUS PROVISIONS

20.1 Disclaimer. Covered Entity makes no warranty or representation that compliance by Business Associate with the terms and conditions of this Business Associate Agreement will be adequate or satisfactory to meet the business needs or legal obligations of Business Associate.

20.2 HIPAA Requirements. The Parties agree that the provisions under HIPAA Rules that are required by law to be incorporated into this Amendment are hereby incorporated into this Agreement.

20.3 No Third-Party Beneficiaries. Nothing in this Business Associate Agreement shall confer upon any person other than the parties and their respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever.

20.4 Construction. In the event that a provision of this Business Associate Agreement is contrary to a provision of the applicable underlying Agreement, Contract, Master Agreement, Work Order, Purchase Order, or other services arrangement, with or without payment, that gives rise to Contractor's status as a Business Associate, the provision of this Business Associate Agreement shall control. Otherwise, this Business Associate Agreement shall be construed under, and in accordance with, the terms of the applicable underlying Agreement, Contract, Master Agreement, Work Order, Purchase Order or other services arrangement, with or without payment, that gives rise to Contractor's status as a Business Associate.
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32 20.5 Regulatory References. A reference in this Business Associate Agreement to a section in the HIPAA Rules means the section as in effect or as amended.

20.6 Interpretation. Any ambiguity in this Business Associate Agreement shall be resolved in favor of a meaning that permits the parties to comply with the HIPAA Rules.

20.7 Amendment. The parties agree to take such action as is necessary to amend this Business Associate Agreement from time to time as is necessary for Covered Entity or Business Associate to comply with the requirements of the HIPAA Rules and any other privacy laws governing Protected Health Information. 82 of 140
S:\City Council\Council Agenda packet\2022 - Council Agenda Packets\12 - December\12-20- 22\Staff Report YPD Homeless Liasion Agreement with Siskiyou County.docx

CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager, Mark Gilman, Yreka Police Chief AGENDA TITLE: Motion to Adopt a Resolution authorizing the City Manager or his delegate to execute a Memorandum of Understanding between the Siskiyou County Health and Human Services and the City of Yreka Police Department for Homeless Liaison Officer Services.

MEETING DATE: December 20, 2022
Discussion:

The Yreka Police Chief and Siskiyou County Health and Human Services Agency have met to address the needs to mutually serve the City’s unhoused, homeless population. The result of these meetings is a cooperative MOU agreement for specialized police services. The term of the agreement is retroactive from October 1, 2022, to June 30, 2023, or until terminated by either party.

The agreement would compensate the City $160,000 annually for the services of a Homeless Liaison Officer. The Yreka Police Department Homeless Liaison Officer(s) is responsible for making connections between those experiencing homelessness and the resources available to further their specific housing and services goals. This includes, but is not limited to, making referrals to providers of housing/shelter programs, mental health treatment, substance use treatment, mainstream benefits, education, and employment training. Additionally, the Homeless Liaison Officer will also provide a monthly report to the Continuum of Care (CoC) Advisory Board.

Exhibit A of the Agreement outlines the specific duties and responsibilities that meet both the needs and expectations of Siskiyou County Health and Human Services Agency and the specialized training, resources, and abilities of a sworn officer. This model of program has been successful in numerous California cities experiencing growth in the homeless population.

Fiscal Impact:

Recommendation andRequested Action:

Adopt a Resolution authorizing the City Manager or his delegate to execute a Memorandum of Understanding between the Siskiyou County Health and Human Services and the City of Yreka Police Department for Homeless Liaison Officer Services.

Approved by: __________________________________
Jason Ledbetter, City Manager
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RESOLUTION NO. 2022-63

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING

WITH SISKIYOU COUNTY HEALTH AND HUMAN SERVICES

AND CITY OF YREKA POLICE DEPARTMENT
FOR HOMELESS LIAISON OFFICER SERVICES.

WHEREAS, the Siskiyou County Health and Human Services “County” desires to enter into an agreement with City of Yreka, Yreka Police Department “City” to utilize the specialized services of a Homeless Liaison Officer to provide specialized homeless outreach and coordination services within the City of Yreka; and WHEREAS, County is responsible for County administered Mental Health Services Act services; that requires specialized services in support of both its programmatic and administrative functions, and
WHEREAS, the County and City have come to an understanding of specific duties and responsibilities that meet both the needs and expectations of Siskiyou County Health and Human Services Agency and the specialized training, resources, and abilities of a City Homeless Liaison Officer (a sworn peace officer).

WHEREAS, representatives from the County and the City have met to provide such agreement that provides for compensation of the Homeless Liaison Officer services and, WHEREAS, the members of the City Council, with the assistance of its staff, have reviewed said agreement and has determined it would be in the best interests of the City to approve and authorize the execution of said document.

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, and the agreement entitled “MEMORANDUM OF UNDERSTANDING

WITH THE SISKIYOU COUNTY HEALTH AND HUMAN SERVICES AND THE

CITY OF YREKA POLICE DEPARTMENT FOR HOMELESS LIAISON OFFICER SERVICES” attached hereto and made a part hereof, is hereby approved.

Section 2. The City Council of the City of Yreka does hereby find that the Agreement described herein is in the best interests of the City of Yreka, and the City Council does hereby authorize execution of said Agreement by the City Manager on behalf of the City of Yreka. The City Manager or designee is hereby further authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized, and the City Clerk or 84 of 140
such Clerk's designee is hereby authorized and directed to affix the City's seal to said documents and to attest thereto.

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. This resolution shall take effect immediately upon its passage.

Passed and adopted this 20nd day of December 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
________________________
Corey Middleton, Mayor
Attest:__________________
Rhetta Hogan,
City Clerk
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MEMORANDUM OF UNDERSTANDING BETWEEN

THE SISKIYOU COUNTY HEALTH & HUMAN SERVICES AGENCY

AND THE CITY OF YREKA POLICE DEPARTMENT
This Memorandum of Understanding is entered into this day of , 2022, by and between the SISKIYOU COUNTY HEALTH & HUMAN SERVICES AGENCY, hereinafter referred to as “SCHHSA” and the CITY OF YREKA, YREKA POLICE DEPARTMENT, hereinafter referred to as “CITY”.

WITNESSETH:

WHEREAS, SCHHSA is responsible for County administered Mental Health Services Act (MHSA) services; and
WHEREAS, SCHHSA requires specialized services in support of both its programmatic and administrative functions, and
WHEREAS, CITY has the experience, staff and expertise to provide specialized homeless outreach and coordination services,
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Services: CITY agrees to provide homeless outreach and coordination services for SCHHSA as described in Exhibit “A.” The Homeless Liaison Officer shall include the services that were provided, the number of individuals served and any other relevant data at the Continuum of Care, CoC, board meetings.

2. Compensation: In consideration for the services to be performed by CITY, SCHHSA agrees to pay CITY in proportion to services satisfactorily performed as specified in Exhibit “A” the not to exceed amount of One Hundred and Sixty Thousand Dollars and No/100 Cents ($160,000.00).

3. Billing: CITY shall submit original detailed invoices for all services being performed on a monthly basis to the Behavioral Health Services Fiscal Department. SCHHSA agrees to pay CITY within 30 days of receipt of invoice. The Homeless Liaison Officer shall provide a status report monthly to the Continuum of Care (CoC) Advisory Board.

CITY shall be responsible for all costs and expenses incident to the performance of services for SCHHSA, except as provided as specified in Exhibit “A”.

4. Term: This Memorandum of Understanding shall commence on October 1, 2022, and shall continue until June 30, 2023, or until terminated by either party as set forth below.
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5. Termination: Either party may terminate this Memorandum of Understanding at any time by giving the other party with Board of Supervisors approval, thirty (30) days written notice of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. CITY shall be paid for all work satisfactorily completed prior to the effective date of said termination.

6. Termination of Funding: County may terminate this Contract in any fiscal year in that it is determined there is not sufficient funding. California Constitution Article XVI Section 18.

7. Records: CITY shall keep complete and accurate records for the services performed pursuant to this MOU and shall make such records available to SCHHSA upon request. Records shall be kept for a period of at least five (5) years after the termination of the MOU, or until all audits for compliance with terms, conditions and specification of the MOU are completed, whichever is later, or for a longer period of time if required by law. CITY shall provide all information necessary for reports required by the SCHHSA, State or Federal government. CITY shall fully cooperate with SCHHSA in providing any information required by any governmental entity concerning the program or services subject to this MOU. CITY agrees to assure the confidentiality of any records that are required by law to be so maintained.

8. Confidentiality: SCHHSA and CITY agree to comply with and require their officers, employees, agents, volunteers, contractors, and sub-contractors to comply with the provisions of Welfare and Institutions Code Section 10850 and the California Department of Social Services’ Manual of Policies and Procedures, Division 19 to assure that:

A. All records concerning any applicant or participant shall be confidential and shall not be open to examination for any purpose not directly connected with the purpose of this Memorandum of Understanding. No person shall publish or disclose, or use or permit, or cause to be published, disclosed, or used, any confidential information pertaining to any applicant for or recipient of public social services.

B. SCHHSA and City agree to inform all of their officers, employees, agents, volunteers, contractors and sub-contractors of the provisions mandated by Welfare and Institutions Code Section 10850 and the California Department of Social Services’ Manual of Policies and Procedures, Division 19 and to further inform them that any person knowingly and intentionally violating the provisions of said State law is guilty of a misdemeanor.

9. Nondiscrimination: CITY and SCHHSA are both bound by Siskiyou County’s policies prohibiting discrimination (2.1 et seq. Siskiyou County Personnel Policies) apply to this MOU and are incorporated herein by reference with the same force and effect as if these policies were specifically set out herein and both agree to comply with these policies.
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10. Grievance Procedure: If CITY is required by ordinance, regulation, policy, State, County or other authority to have a procedure for filing and considering grievances, CITY shall provide SCHHSA with a copy of CITY’s grievance procedure prior to providing services under this Contract.

11. Compliance with Child, Family and Spousal Support Reporting Obligations:

CITY shall comply with all state and federal child, family and spousal support reporting requirements and shall comply with all lawfully served wage and earnings assignment orders or notices of assignment relating to child, family and spousal support obligations.

12. Child Abuse and Neglect Reporting: CITY shall comply with all state and federal laws pertaining to the reporting of child abuse and/or neglect. CITY’s officers, employees, agents and volunteers shall report all known or suspected instances of child abuse and/or neglect to the Child Protective Services agency or other agency as required by Penal Code Section 11164 et seq.

13. Changes in Regulations: If SCHHSA notifies CITY of a change in County, SCHHSA, or State regulations or guidelines affecting MOU activities, CITY shall choose one of the following options and notify the SCHHSA in writing within five (5) days of receipt of the notice as to its choice: (1) Indicate that CITY’s operations are currently in compliance with the change in regulation or guideline; (2) Indicate that CITY is in the process of modifying operations to comply with the change and will complete these modifications and be in compliance within thirty (30) days of notification by County or SCHHSA; or (3) Notify SCHHSA of termination of the MOU or seek modification of any terms of the MOU materially affected by a regulation or guideline change.

14. Notice: Any notices required to be given pursuant to the terms and provisions herein shall be in writing and shall be sent by First Class mail to:

SCHHSA: Siskiyou County Health & Human Services Agency
Attn: Sarah Collard, Ph.D.
2060 Campus Drive
Yreka, CA 96097-3321
Phone: (530) 841-4789
CITY: Yreka Police Department, for City of Yreka
Attn: Mark Gilman, Chief of Police
1400 Fairlane Rd.

Yreka, CA 96097
Phone: (530) 841-2300

15. Severability: If any provision of this MOU is found by a court of competent jurisdiction to be void, invalid or unenforceable, the provision will either be reformed to comply with applicable law or stricken if not so conformable. The validity and enforceability of the remaining provisions, or portions of them, will not be affected. 88 of 140

16. Waiver: No delay or failure to require performance of any provision of this MOU shall constitute a waiver of that provision or any other. Any waiver granted by a party to this MOU shall be in writing.

17. Covenant: This MOU has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this MOU shall be determined and governed by the laws of the State of California.

18. Entire Agreement: This MOU supersedes all previous MOUs, agreements and negotiations, whether written or oral, and constitutes the entire understanding of the parties hereto. SHERIFF shall be entitled to no benefits other than those specified herein.

No changes, amendments or alterations shall be effective unless in writing and signed by all parties. CITY specifically acknowledges that in entering into and executing this MOU, CITY relies solely upon the provisions contained in this MOU and no others.

IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding on the day and year first above written.

YREKA POLICE DEPARTMENT:

By: Date:

Mark Gilman, Chief of Police
SISKIYOU COUNTY HUMAN SERVICES AGENCY:

By: Date:

Sarah Collard, Ph.D., Director

COUNTY OF SISKIYOU:

By: Date:

Angela Davis, County Administrator
APPROVED AS TO LEGAL FORM:

By: Date:

Edward J. Kiernan, County Counsel
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APPROVED AS TO ACCOUNTING FORM:

Fund Org Account Actv NTE
By:

Diane Olson, Auditor-Controller
APPROVED AS TO INSURANCE REQUIREMENTS:

By:

Melissa Cummins, Personnel and Risk Management Officer
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Exhibit “A”
The Yreka Police Department Homeless Liaison Officer will follow the Yreka Police Department Homeless Persons policy, 424
Duties and Responsibilities
The Yreka Police Department Homeless Liaison Officer is responsible for making connections between those experiencing homeless and the resources available to further their specific housing/service goals.

This includes, but is not limited to, making referrals to providers of housing/shelter programs, mental health treatment, substance use treatment, mainstream benefits, education, and employment training.

The Homeless Liaison Officer will maintain a level of skill and knowledge equivalent to that required for the Behavioral Health Specialist position within HHSA. If that is not possible, the officer will work in close coordination with a Behavioral Health Specialist from HHSA who provides crisis support, case management, and rehabilitation skills. The Homeless Liaison’s initial duties will include:
• Working a typical day shift patrol duty. The primary responsibility will be to respond to homeless and mental health related calls for service.
• Contacting the unhoused and establishing a rapport with them. • Offering support to the target population and learning about their needs/concerns. • Patrolling areas of the unhoused campsites and known resting locations. • Providing referrals to mental health evaluations.
• Maintaining partnerships with providers and current knowledge of resources for those who are homeless.
• Educating the target population on the resources available to those experiencing homelessness. • Sharing insights regarding the needs of the target population with the CoC Advisory Board. • Participating in the Homeless Multidisciplinary Team as requested by HHSA. • Assisting with the annual Point-in-Time Counts as requested by the CoC Advisory Board. And staffing warming shelters as the need arises.
• Collect program data as appropriate as well as updating the CoC board with the data.

The Homeless Liaison Officer will receive support from other staff in completing the above assignments.

The Yreka Police Department (YPD) plans to initially assign part-time Police Officers to this project as often as the Department’s capacity allows. After the program has established itself YPD intends to fill the position with full time Police Officer(s), as funding allows. The Homeless Liaison Officer and team members on the project will work under the supervision of the Chief of Police. 91 of 140
Billing
Billing will reflect the hours dedicated to the program. The Yreka Police Department will commit to the equivalent of 312 hours per month, 3,744 hours per year. The hours per year will be broken into four categories. The assigned Homeless Liaison Officer will work 1,560 hours per year. The assistant Homeless Liaison Officer will work 624 hours per year. Level 1 Reserve Police Officers will be assigned to assist the Homeless Liaison Officer for 1,040 hours per year. Full time patrol Police Officers will be assigned to 520 hours per year assisting the Homeless Liaison Officer on overtime.

In addition to the actual hours worked, mentioned above, there will be a yearly cost of a vehicle assigned to the Homeless Liaison Officer. The yearly cost of the vehicle is $9,250.00.

The listed hours and cost of a vehicle are slightly over the threshold provided with this MOU. The hours will be monitored by a Homeless Liaison Supervisor and may be adjusted. The reason for adjustments may be an emergency call out situation or miscellaneous needs as they arise. This would include being called in to staff a warming shelter, fire evacuations, training, etc. The Homeless Liaison Supervisor will adjust the hours throughout the year to stay within the budget.

The monthly costs of services to be performed are $13,333 per month, $160,000 per year. The Yreka Police Department agrees to monitor the hours worked and include that number in the monthly reports at the Continuum of Care meetings. Any cost above the threshold provided by this MOU will be paid by the Yreka Police Department overtime budget.

Training
The Homeless Liaison Officer will receive training from the Behavioral Health Division of HHSA, California POST approved trainers, as well as other relevant and approved trainings as necessary. The Homeless Liaison Officer will be required to complete the POST approved course of instruction within one year of accepting the assignment. For example, the Anaheim Police Department has successfully developed courses for a similar role that may be utilized. A screenshot of these trainings is included below. 92 of 140
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: Discussion possible action: Approval of the Remote Public Meeting form for Notification of Remote Meeting Attendance by City Councilmembers, Committee members and Planning
Commissioners pursuant to AB 2449 notification requirements.

MEETING DATE: 03/07/2023
Discussion:

Requested Action:

Approval of the Remote Public Meeting form for Notification of Remote Meeting Attendance by City Councilmembers, Committee members and Planning Commissioners pursuant to AB 2449 notification requirements
Attachments: City of Yreka Teleconferencing Opt-In Form 93 of 140

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
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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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S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\03 March 2023\2023-03- 07\NorCal\Staff Report NorCal.docx

CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager
AGENDA TITLE: Motion to Adopt Resolution 2023-10 Authorizing the City Manager or his delegate to execute the Purchase and Sales Agreement between the City of Yreka and Nor-Cal Products, Inc.

MEETING DATE: March 7, 2023
Discussion:

The City of Yreka (seller) and Nor-Cal Products (buyer) have negotiated to enter into a Purchase and Sales Agreement for real property identified as Assessor’s Parcel #062-031-250-000. The buyer has agreed to purchase the land at its appraised value of $80,000.

In April 2022, the City Council adopted Resolution 2022-11 declaring the land surplus in accordance with the Surplus Lands Act (CA Government Code Sections 54220 Et Seq.).

Fiscal Impact:

The sale agreement would provide $80,000 to the City’s assigned reserves that are designated to cover the cost of the replacement Ringe Park and Pool project architectural design and engineering (City Council Resolution 2023-03).

Recommendation andRequested Action:

Motion to Adopt Resolution 2023-10 authorizing the City Manager or his delegate to execute the execute the Purchase and Sales Agreement between the City of Yreka and Nor-Cal Products, Inc.

Approved by: __________________________________
Jason Ledbetter, City Manager
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RESOLUTION NO. 2023-10

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

AUTHORIZING EXECUTION OF A PURCHASE AND SALES AGREEMENT BETWEEN THE CITY OF YREKA AND NOR-CAL PRODUCTS, INC.

WHEREAS, the City of Yreka (Seller) and Nor-Cal Products (Buyer) desires to enter into purchase and sales agreement for real property;
WHEREAS, the City of Yreka has identified Assessor’s Parcel number 062-031-250-000 as surplus land in accordance with the Surplus Lands Act, California Government Code Sections 54220 et seq.,
WHEREAS, the Seller and Buyer have negotiated the terms and conditions of the contract and buyer has agreed to purchase the land at its appraised value of $80,000, WHEREAS, the City Council (Resolution 2023-03) has assigned the proceeds from the sale of said real property to cover the cost of the replacement Ringe Park and Pool project preliminary architectural design and engineering costs, WHEREAS, the members of the City Council have reviewed said agreement and have determined the sale is in the best interests of the City to approve and authorize the execution of said contract.

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, and the contract entitled “Purchase and Sales Agreement” attached hereto and made a part hereof, is hereby approved.

Section 2. The City Council of the City of Yreka does hereby find that the Agreement described herein is in the best interests of the City of Yreka, and the City Council does hereby authorize execution of said Agreement by the City Manager on behalf of the City of Yreka. The City Manager or designee is hereby further authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized, and the City Clerk or such Clerk's designee is hereby authorized and directed to affix the City's seal to said documents and to attest thereto.

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 97 of 140
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. This resolution shall take effect immediately upon its passage.

Passed and adopted this 7th day of March 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
________________________
Corey Middleton, Mayor
Attest:__________________
Rhetta Hogan,
City Clerk
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6/3/2022
To All Interested Parties:

RE: Notice of Availability/Offer to Sell Surplus Property in the City of Yreka Pursuant to California Government Code Section 54220 et seq. (“the Act”) As required by Government Code Section 54220 of the State of California, the City of Yreka (“City”) is providing notification that the City intends to sell the surplus property listed in the accompanying table.

In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring the property. However, this offer shall not obligate the City to sell the property to you. Instead, the City would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no agreement is reached on sales price and terms, or lease terms, the City may market the property to the general public.

As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60 day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level.

In the event your agency or company is interested in purchasing the property, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the property shall be delivered to Jason Ledbetter, City Manager, at 701 Fourth Street, Yreka, CA, 96097.

You may also direct your questions to [email protected] or by calling (530) 841- 2326.

Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234). 114 of 140
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Resolution No. 2022-11 Declaration of Surplus Land – Campus Drive Pg. 1 of 2 RESOLUTION NO. 2022-11

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

DECLARING TWO CITY-OWNED PROPERTIES AS SURPLUS LAND AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE

IMPLEMENTING ACTIONS NECESSARY TO COMPLY WITH THE
SURPLUS LAND ACT (GOVERNMENT CODE SECTIONS 54220 ET SEQ.) WHEREAS, the City of Yreka, California (“City”) is the owner in fee simple of parcels of real property located on the east side of Campus Drive in Yreka, California and identifed by Assessor’s Parcel Numbers [“APNs”] 062‐031‐200 and 062‐031‐250 (“the Parcels”); and WHEREAS, each of these parcels is zoned M-1 (light industrial); and WHEREAS, effective January 1, 2020, under the Surplus Land Act (“SLA”) Government Code Section 54220-54233, surplus property is defined as land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use; and
WHEREAS, under the SLA, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and
WHEREAS, the City Council desires to declare that each of the Parcels, totaling approximately

2.96 acres, is surplus land because it is not necessary for the City’s use; and WHEREAS, the City intends to follow the provisions of the SLA in the disposition of public lands; and
WHEREAS, the process described in the SLA should take place prior to taking any further actions regarding the disposition of the Surplus Properties; and WHEREAS, this declaration of surplus land does not obligate the City to subsequently dispose of the land and the City could still decide not to move forward with disposition of specific properties.

NOW, THEREFORE, the City Council hereby resolves as follows:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. The above recitals and the findings in Exhibit “A” are integral to this Resolution and are incorporated herein.

SECTION 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). 116 of 140
Resolution No. 2022-11 Declaration of Surplus Land – Campus Drive Pg. 2 of 2 City staff has determined that the designation of this property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the property is sold or leased to a purchaser and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.

SECTION 4. The City Manager or his or her designee is authorized to submit the report of declared surplus land and exempt surplus land as part of the Annual Report to the California Department of Housing and Community Development (HCD), in conformance with state law, and the City Clerk shall file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.

SECTION 5. The City Manager or his or her designee is hereby authorized to do all things which are deemed necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the SLA with any of the authorized entities that submit a written notice of interest to purchase or lease the property in compliance with the SLA.

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

Passed and adopted this 5th day of April, 2022 in a regular meeting of the City Council of the City of Yreka by the following vote:

AYES:

NAYS:

ABSENT:
_________________________________
Duane Kegg, Mayor
Attest:
_______________________________
Arthur Boyd, City Clerk
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Exhibit A ‐ Parcel List and Determinations ‐ Resolution No. 2022‐11 APN Site Name/Location Acreage Zoning Written findings for Surplus Land determination062‐031‐200 SE Corner of Ranch Lane and Campus Dr. 2.08 M‐1 ‐ Light Industrial Subject property has been owned by the City since 1959. It is undeveloped and there are no current City plans for site development. At present it is considered unnecessary for the City’s use and therefore the City wishes todeclare the parcel surplus land per GC 54221(b)(1). 062‐031‐250 SE Corner of 4‐H Way & Campus Dr. 0.88 M‐1 ‐ Light Industrial Subject property has been owned by the City since 1959. It is undeveloped and there are no current City plans for site development. At present it isconsidered unnecessary for the City’s use. This parcel was expected to be leased to Caltrans and therefore was declared exempt surplus land under GC 54221 (f)(1)(D) by Resolution 2021‐55, passed Nov. 2, 2021. However,since the disposition (lease) did not occur and is not expected to occur inthe future, the City wishes to declare this parcel surplus land per GC 54221(b)(1).
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Page 1 of 2 ends

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Matthew Bray, Director of Public Works
Prepared by: Cynthia Lynch, Municipal Projects Manager
Agenda title: Discussion/Possible Action: Adopt Resolution 2023-11 Authorizing the City Manager to Award a Construction Contract to Site Work Solutions, Inc. for the Wastewater Collection System Improvements Project in the Amount of $6,104,627.00 for the Base Bid, and to Execute Related Documents
Meeting date: March 7, 2023
Recommendation and Requested Action:

That Council adopt Resolution 2023-11 authorizing the City Manager to award a construction contract to Site Work Solutions, Inc. for the Wastewater Collection System Improvements Project in the amount of $6,104,627.00 for the base bid, and to execute related documents.

Discussion:

On February 23, 2023, bids were opened for the Wastewater Collection System Improvements Project. The results of the bid opening are as follows:

Name Location Total Base Bid
Timberworks Mt. Shasta, CA $7,369,700.00
SnL Group, Inc. Redding, CA $6,299,912.00
Site Works Solutions Redding, CA $6,104,627.00
Allen Gill Construction Palo Cedro, CA $6,413,243.00
Preliminary Cost Estimate $6,200,000.00
This project involves installing approximately 17,200 linear feet of sewer piping; 1,100 linear feet of water piping; 34 new manholes; 215 two-way cleanouts; 22 backcheck valves; 2 fire hydrants; and 105,000 square feet of chip seal for street restoration. The work will be done in several areas around the City, including Burgess St., Third St., Yama St., North St., and Knapp St., among others.

City staff and PACE Engineering have evaluated the bidder’s license status, bid bond, and insurance company information and have confirmed that the bidder is not debarred from working on projects in California. Staff finds the bid is responsive and the bidder is responsible. The bid amount is reasonable given the current costs of labor and materials. It is recommended, pending City Attorney approval, that the City Council approve the attached Resolution to authorize the City 119 of 140

Page 2 of 2 ends

Manager to award a construction contract and execute various agreements for the construction of this project.

Fiscal Impact:

The fiscal impact of awarding the $6,104,627 construction project is offset by a Clean Water State Revolving Fund (CWSRF) construction grant in the amount of $5,500,000.00 with no match required; the excess cost was anticipated and will be funded by sewer reserves. Since the State has been routinely granting requests for more funding for construction projects, the City will be seeking more grant funding from CWSRF to cover the increased cost of the project. 120 of 140
Reso 2023-11 Site Work Solutions, Inc. Contract Award Page 1 of 2 RESOLUTION NO. 2023-11

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA AUTHORIZING

THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT TO SITE WORK SOLUTIONS, INC. FOR THE WASTEWATER COLLECTION SYSTEM IMPROVEMENTS PROJECT IN THE AMOUNT OF $6,104,627 FOR THE BASE BID,

AND TO EXECUTE RELATED DOCUMENTS
WHEREAS, the City is a municipal corporation with the legal authority to enter into contracts and agreements in the State of California; and WHEREAS, the project was advertised for competitive bids on January 4 and 11, 2023, in accordance with the California Public Contract Code; and WHEREAS, bids were opened on February 23, 2023, and a satisfactory bid analysis and evaluation of the bidder who submitted a proposal has been completed. The bid analysis identified no irregularities in items that could cause disadvantage to another bidder within the meaning of the Public Contract Code; and
WHEREAS, the Public Contract Code requires the award of construction contracts to the lowest responsive and responsible bidder.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yreka as follows:

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

Section 2. The City Council hereby approves the Specifications for the Wastewater Collection System Improvements Project.

Section 3. The City Manager, or designee, and all other proper officers and officials of the City are hereby provisionally authorized, pending City Attorney approval, to award the work known as the Wastewater Collection System Improvements Project to Site Work Solutions, Inc. of Redding, CA, who is the lowest responsive and responsible bidder for the Base Bid items in the amount of Six Million, One Hundred Four Thousand, Six Hundred Twenty-Seven Dollars and Zero Cents ($6,104,627.00), and to execute such agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.

Section 4. The City Manager, the Director of Public Works and all other proper officers and officials of the City are authorized to execute change orders and amendments which may become necessary, up to a total of 10% of the initial construction contracts, without additional Council approval.

Section 5. The Public Works Department is authorized to provide construction administration support, arrange ancillary construction services, and to expend funds on similar related items. 121 of 140
Reso 2023-11 Site Work Solutions, Inc. Contract Award Page 2 of 2 Section 6. 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 7. This Resolution shall take effect immediately upon its passage.

Passed and adopted this 7th day of March, 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
____________________________
Corey Middleton
Mayor of the City of Yreka
Attest:
_____________________________
Shella Rhetta Hogan, City Clerk
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W LENNOX ST

MONTAGUE RD

E BLAKE ST

YAMA ST

LANE ST

NORTH ST

W HOWARD ST

N MAIN ST

W MINER ST

PINE ST

N OREGON ST

STAGE ALLEY

THIRD ST

N BROADWAY ST

E HOWARD ST

MEAMBER ALLEY

DEXTER ST

VIRGINIA ST

BURGESS ST

COURT ST

BURGESS ST

SPRING ST

THIRD ST

W CENTER ST
S BROADWAY ST 1"=200'
5 INTERSTATE

NORTH ST

N MAIN ST

PARK PL

OAK ST DISCOVERY ST N FAIRCHILD ST

YAMA ST

MAPLE ST

HILLCREST DR

CEDAR ST

PARK PLACE

OAK ST ALLEY

SUMMIT CT

DISCOVERY ST

KNAPP ST

N GOLD ST
W. LENNOX ST KNAPP ST

PIONEER ST

SHERMAN ST
ELM ST

HILL ST CEDAR ST

TERRACE DR

YREKA UNION

ELEMENTARY
SCHOOL

SHERMAN

N GOLD ST
W. LENNOX ST

PROSPECT

N OREGON ST

SISKIYOU

KLAMMATH

SHERMAN
BARHAM

RINGE PARK

YREKA UNION

HIGH SCHOOL

FOURTH ST

CEDAR DISCOVERY
P1
P2
P3
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DATE
CKD
DRN
DES JOB NO.

DATE: BY: REVISION APP'D CITY OF YREKA

DEPARTMENT OF PUBLIC WORKS
0" 1"

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES
ACCORDINGLY.

SHEET
DATE:

DIRECTOR OF PUBLIC WORKS
APPROVED BY:

MATT BRAY DATE G3

CITY OF YREKA
0069.60
CP KK
BWS

WASTEWATER COLLECTION SYSTEM IMPROVEMENTS
PG 03 OF 35

KEY MAP
12/27/2022
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VICINITY MAP/KEY MAP
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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 action: Authorizing the Mayor to sign a Letter of Opposition to the Coquille Indian Tribe’s application to transfer land into trust for the purpose of opening a second gaming facility in Medford.

Meeting Date: March 7, 2023
Discussion:
“Mr. Mayor” (and Councilmembers)
“I am writing on behalf of the Karuk Tribe and the team members at Rain Rock Casino, and ask if the City of Yreka would send a letter to the Assistant Secretary opposing the Coquille Indian Tribe’s application to transfer land in Medford, Oregon into trust for the purpose of opening a second gaming facility. A casino in Medford could have long term devastating effects on the Rain Rock Casino and the city we operate in.

We would appreciate anything the city would do, I have drafted a sample letter for your review.

Again thank you for all the city has done for us and the great partnership we have developed….” Michael G Rose
General Manager/Head Coach
Rain Rock Casino
530-777-RAIN
C 530-340-5621
[email protected]
777 Casino Way
Yreka, CA 96097
Fiscal Impact:

None
Recommendations:

Discussion possible action: Authorizing the Mayor to sign a Letter of Opposition to the Coquille Indian Tribe’s application to transfer land into trust for the purpose of opening a second gaming facility in Medford.
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City of Yreka
701 4th Street · Yreka, CA 96097
(530) 841-2386
March 7, 2023

VIA EMAIL
Bryan Newland
Assistant Secretary – Indian Affairs
MS-4141-MIB
1849 C Street, N.W.

Washington, D.C. 20240
[email protected]
RE: City of Yreka’s Opposition to the Coquille Indian Tribe’s Medford Project; DEIS Comments, Coquille Tribe Medford Gaming Facility Project Dear Assistant Secretary Newland,
I am writing on behalf of the City of Yreka (“City”) to oppose the Coquille Indian Tribe’s (“Coquille’s”) application to transfer fee land in Medford, Oregon into trust for the purpose of opening a second gaming facility (the “Medford Project”). This letter responds to your request for comments in the Draft Environmental Impact Statement for the Medford Project (“DEIS”), published in the Federal Register on December 20, 2022, 87 Fed. Reg. 77,877. The City opposes the Medford Project and the approval of this current DEIS because the U.S. Department of Interior (“Department”) understates the project impacts by (1) failing to address the harm that will occur to California municipalities, in addition to California tribes; and (2) failing to consider the significant changed circumstances since the previous initial National Environmental Policy Act (“NEPA”) analysis.
(1) The Department Understates the Medford Project Impacts by Failing to Address the Harm that Will Occur to California Municipalities and Tribes The current DEIS is based on the 2015 scoping process, which identified a project that was quite narrow. Since 2015, the Southern Oregon and Northern California regions have undergone significant changes and events which have dramatically altered the ramifications of your determination, including a new casino located in the City. As you are no doubt aware, municipalities in California work closely with federally recognized Indian tribes in their jurisdictions to amicably provide support for municipalities affected by Indian gaming facilities.

The City benefits from such a relationship with the Karuk Tribe’s Rain Rock Casino (“Rain Rock”), which the City fears could be forced to close its doors as a result of the reasonably foreseeable outcome from your decision. The City is approximately 50 miles south of Medford. The proposed Medford Project would cause direct and indirect fiscal impacts on the City, due to its impact on the Rain Rock facility and the reduced benefits that the City would receive. Your DEIS has made no mention and provided no consideration of these impacts, which cannot be ignored in your decisionmaking. 125 of 140
Since its development, the City has benefitted greatly from Rain Rock through its 2014 Intergovernmental Agreement (“IGA”) with the Karuk Tribe. Through the IGA, the Karuk Tribe provides the City with:
• Wastewater capacity payments as well as payments to construct improvements for existing wastewater collection systems;
• Construction and dedication of wastewater facilities; • Payment of fees for public facilities, citywide streets, storm drainage, water systems and wastewater collection systems for commercial developers; • Law enforcement costs, including for a police cruiser and associated costs, for a full-time equivalent police officer including salary, benefits and overtime, for training of police officers, for services for events and for radio communications equipment; • Payments for fire department and protection services, including for increases in and improvements to emergency response capabilities and construction of hydrants; • Construction of or payment for infrastructure projects and road improvements, including increased emergency access roads and turn lanes, construction of sidewalks and additions of roads to the Karuk Tribe’s Indian Reservation Roads Inventory list for maintenance and care; • Construction of stormwater facilities; and
• Traffic control costs for the Siskiyou County Fair and two additional events per year, traffic mitigation and safety costs, funding improvements to intersections and transportation and traffic studies.

Additionally, the Karuk Tribe agreed to work with the City to employ qualified City residents at Rain Rock. Many City residents are employed by or provide support services to Rain Rock.

If the Medford Project is allowed to proceed, it would undercut the Karuk Tribe’s ability to provide these services, which would directly impact the City. Coquille’s own DEIS indicates the Medford Project would cause a loss in gaming revenue for the Karuk Tribe of at least 27.2%. The DEIS makes no attempt to relate this decrease in Karuk income to fiscal impacts on related municipalities; however, the City’s economy, governmental services, unemployment rates and socioeconomics would all be significantly impacted. The DEIS should investigate and disclose these impacts and the Department should include these local land use impacts in both its NEPA decision and in its fee-to-trust decision.
(2) The Department Understates the Medford Project Impacts by Failing to Consider the Significant Changed Circumstances Since the Previous Initial NEPA Analysis The City is also concerned that the full impact of the Medford Project is not being studied, as circumstances have changed including the development of Rain Rock (which provides excellent employment opportunities to City residents) and the impact that recent and threatened wildfires have had on the local economies. The economies in Northern California are affected by these regional actions which have changed the backdrop to the impacts from the Coquille Medford Project. The DEIS is flawed due to its complete omission of the current scenario under which your decision will be made. The City urges you to pause this process and properly consider the current circumstances as the baseline to your decision.
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The scope of the Medford Project has also increased significantly since it was first scoped in 2015.

This Medford Project is stated as a 2.4-acre fee-to-transfer application (one tax lot); however, since the 2015 scoping process, Coquille has acquired multiple (45) properties surrounding the 2.4-acre property, including the 2020 development of a large hotel adjacent to the facility. The DEIS only peripherally mentions the adjacent hotel and fails to acknowledge that a reasonably foreseeable effect of the Department’s approval of the land into trust for gaming purposes is to have Coquille develop a very large Class III gaming facility. The DEIS should include in its analysis the likelihood of the development of a much larger project than the understated 2.4-acre bowling alley transformation, given the large Coquille land holdings and ancillary Coquille projects such as the adjacent Coquille hotel. The DEIS analysis should include all reasonably foreseeable impacts associated with the Department’s decision, including the impacts to California’s tribes and municipalities if allowed to proceed.

If you have any questions, or need any further information, please do not hesitate to contact me.

Sincerely,
Corey R. Middleton
Mayor
City of Yreka

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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Jason Ledbetter, City Manager
Prepared By: Jason Ledbetter, City Manager
Agenda Title: Resolution 2023-12 of the City Council of the City of Yreka Supporting State Legislation to Revise the Boundaries of the Sierra Nevada Conservancy Region to Include all Areas and Watersheds of Siskiyou and Modoc Counties.

Meeting Date: March 7, 2023
Discussion:

California forests and watersheds are at a critical point. Ongoing drought, tree mortality, low snowpack, and a century of fire suppression, have led to an increase in large, high severity wildfires.

This measure will expand the region of the Sierra Nevada Conservancy to add the upper watershed areas of the Klamath River in Siskiyou County and Modoc County. This area is of critical natural and cultural value to the State of California. The Sierra Nevada Conservancy can service the new areas by increasing the pace and scale of forest restoration through its Watershed Improvement Program (WIP), a crucial program to ensure the resilience of the natural resources of these watersheds and the communities that depend on them.

The Sierra Nevada Conservancy was created by bipartisan legislation and signed into California law in 2004. The Sierra Nevada Conservancy was created with the understanding that the environmental, economic, and social well-being of the Sierra Nevada - Cascade region and its communities are closely linked and that the region and the State of California would benefit from an organization providing a strategic direction. In the original legislation, the definition of the region was established to include areas lying within 22 counties of California, including the Counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Tehama, Tulare, Tuolumne, and Yuba. In 2021, SB 208 (Dahle) added areas within the Counties of Siskiyou and Trinity to the region.

Senator Dahle introduced SB 841 last week, the bill would change the boundary of the Sierra Nevada Conservancy region to include all of Siskiyou and Modoc Counties. The modification will add the upper watershed area of the Klamath River in both Siskiyou County and Modoc County to the Sierra Nevada Conservancy. SB 841 will remove capacity barriers, and provide both Siskiyou County and Modoc County, and all eligible entities and Tribes within the region, more equitable access to State resources through the Sierra Nevada Conservancy for county-wide and regional planning and implementation of critical watershed improvements; cross-jurisdictional collaboration; establishment of co-stewardship plans with Tribes; preservation of working landscapes; wildfire risk reduction; growth of the regional stewardship economy; increased outdoor recreation access and opportunity in the region; protection, conservation, and restoration the region's physical, cultural, archaeological, historical, and living resources.

Similar Resolutions were adopted by the Modoc County Board of Supervisors on January 10th 2023 and the Siskiyou County Board of Supervisors on January 17th 2023. 128 of 140
2 Fiscal Impact:

None
Recommended Action:

Motion to Adopt Resolution 2023-12 of the City Council of the City of Yreka Supporting State Legislation to Revise the Boundaries of the Sierra Nevada Conservancy Region to Include all Areas and Watersheds of Siskiyou and Modoc Counties.

Attachments:

SB841_map
SB841-SNCmap
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Resolution No. 2023-12

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA SUPPORTING

STATE LEGISLATION TO REVISE THE BOUNDARIES OF THE SIERRA NEVADA

CONSERVANCY REGION TO INCLUDE ALL AREAS AND WATERSHEDS

OF SISKIYOU AND MODOC COUNTIES
WHEREAS, the Sierra Nevada Conservancy initiates, encourages and supports efforts that improve the environmental, economic, and social well-being of the Sierra Nevada region, its communities, and the citizens of California.

WHEREAS, the Sierra Nevada Conservancy was created by bi-partisan legislation signed into California law in 2004.

WHEREAS, the current region of the Sierra Nevada Conservancy covers an area of 27 million acres in all or part of 24 California counties, including a portion of Siskiyou County and a portion of Modoc County.

WHEREAS, currently the portion of Siskiyou County and Modoc County NOT included in the Sierra Nevada Conservancy region is the upper watershed region of the Klamath River, a vital watershed of California.

WHEREAS, the upper watershed region of the Klamath River are the ancestral lands of the Karuk Tribe, Shasta Indian Nation, Modoc Nation, and other Tribes.

WHEREAS, through California State legislative adjustment of the region boundaries of the Sierra Nevada Conservancy, it is possible to include the entirety of both Siskiyou County and Modoc County in the Sierra Nevada Conservancy region inclusive of the upper watershed of the Klamath River in California.

WHEREAS, it is understood that projects within the Sierra Nevada Conservancy region are eligible to receive assistance from the Sierra Nevada Conservancy in the form of grants and technical assistance.

WHEREAS, in recent years, several large and devastating wildfires have burned through the upper watershed of the Klamath River within Siskiyou and Modoc Counties: Slater Fire (2020), Tennant Fire (2021), River Complex (2021), Antelope Fire (2021), Caldwell Fire (2021), McKinney Fire (2022), Mountain Fire (2022), Mill Fire (2022).

WHEREAS, it is understood that resources, both financial and technical, available through the Sierra Nevada Conservancy provide much needed assistance for projects including, but not limited to wildfire and forest resilience, watershed improvement, fuels reduction, and recreation and tourism infrastructure.

NOW THEREFORE, BE IT RESOLVED, that we the City Council of the City of Yreka are in full support of California State legislative efforts that will expand the boundaries of the Sierra Nevada Conservancy to include within the conservancy’s region of all areas and watersheds within Siskiyou County and Modoc County, specifically adding the upper watershed area of the Klamath River. 130 of 140
PASSED AND ADOPTED this 7th day of March 2023 in a regular meeting of the City Council of the City of Yreka by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: CITY OF YREKA
Rhetta Hogan, City Clerk Corey Middleton, Mayor
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Jason Ledbetter, City Manager
Prepared By: Jason Ledbetter, City Manager
Agenda Title: Adopting Resolution 2023-13 of the City Council of the City of Yreka Authorizing Submittal of Application For Payment Programs and Related Authorizations for Waste Tire Amnesty Grant.

Meeting Date: March 7, 2023
Discussion:

Fiscal Impact:

None
Recommendations:

A Motion to Adopt Resolution 2023-13 of the City Council of the City of Yreka Authorizing Submittal of Application for Payment Programs and Related Authorizations for Waste Tire Amnesty Grant.
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RESOLUTION NO. 2023-13

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

AUTHORIZING SUBMITTAL OF APPLICATION FOR PAYMENT PROGRAMS AND

RELATED AUTHORIZATIONS FOR WASTE TIRE AMNESTY GRANT
WHEREAS, Public Resources Code (PRC) Sections 40000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various Grant Programs (grants) in furtherance of the state of California’s (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle’s procedures for administering payment programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment program.

NOW, THEREFORE, BE IT RESOLVED that Siskiyou County is authorized to submit an application to CalRecycle for WASTE TIRE AMNESTY GRANT; and
BE IT FURTHER RESOLVED by the City Council of the City of Yreka that the County Administrator, or his/her designee, is hereby authorized as Signature Authority to execute all documents necessary to implement and secure payment; and
BE IT FURTHER RESOLVED by the City Council of the City of Yreka that the City Manager, or his or her designee, is hereby authorized as Signature Authority to execute all documents necessary, including, but not limited to a letter authorizing the County of Siskiyou to submit to CalRecycle a Regional Grant Application on behalf of the City of Yreka; and
BE IT FURTHER RESOLVED that this authorization is effective until rescinded by the Signature Authority or the City Council of the City of Yreka .

PASSED AND ADOPTED by the City Council of the City of Yreka at a regular meeting of said Council, held on the 7th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Corey Middleton, Mayor
City of Yreka
ATTEST:
____________________________________
Rhetta Hogan, City Clerk
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S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\03 March 2023\2023-03- 07\CalFire Grant Resolution\Staff Report CalFire Wildfire Prevention Grant.docx

CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager, Jerry Lemos, Yreka Fire Chief AGENDA TITLE: Motion to Adopt Resolution 2023-14 of the City Council of the City of Yreka, State of California, Approving the Filing of Application for “California Climate Investments Wildfire Prevention Grants Program”.

MEETING DATE: March 7, 2023
Discussion:

The City of Yreka is applying for $2,500,000 of grant funds for Wildfire Prevention. Within the grant, the City will seek to cover staffing costs for public works crew and mechanic, equipment, and contract services for fire line and I5 corridor grass and brushland clearance through January 2029.

City staff has met with and is continuing discussions on the project with local fire professionals on project scope, community needs, and current Fire Safe Council mapping projects, and information contained in the California Wildfire Protection Program documents to help refine project scope and collaboration projects.

Project Budget:

Equipment: Procure air curtain burner for fuel disposal, skid steer (bobcat), mastication equipment and excavator (initial equipment quotes are just under $650,000) Staffing: Cover public works crew members and mechanics to operate and maintain the equipment. The city is uniquely qualified to house, maintain, and operate this equipment with its depth of trained equipment operator’s, Class A drivers, and highly skilled mechanics and shop, (initial estimates over 5 years $850,000).

Collaboration and Contract Services: For larger fuel reduction work, the City will seek contract services for specific public, tribal and private lands, focus initially in this project on the Interstate 5 Corridor inside City Limits with the City’s zip code (sphere of influence radius) for fuel reductions ($700,000) through January 2029.

Indirect Cost Recovery: The grant provides for a 12% indirect cost recovery for grant administration ($300,000).

Project Outcomes
(1) Be a north county resource for woody waste disposal for residents and fuel reduction projections utilizing the air curtain burner that prevents burning emissions from residential, commercial burns.
(2) Reduce woody waste stream product into transfer stations. 136 of 140
S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\03 March 2023\2023-03- 07\CalFire Grant Resolution\Staff Report CalFire Wildfire Prevention Grant.docx (3) Over the course of the project, utilizing the City’s anticipated Fire Resilience Official facilitate outreach to residents on woody (and in the future green waste reduction) and processing of eligible waste byproduct in air curtain.
(4) Support FireSafe and other organizations in providing alternative options for woody/brush waste disposal services.
(5) Build internal capacity to address regional Yreka hardening with mastication of clearance of identified fire risk areas.
(6) Work to eliminate City outdoor burn permits, reduce smoke and fire emissions, with climate friendly air curtain waste disposal options.
(7) Situates the City for a component of compliance with SB1383 that requires alternate waste disposal, where SB 1383 regulations require the City to conduct education and outreach on organics recycling to all residents, businesses (including those that generate edible food that can be donated) haulers, solid waste facilities, and local food banks and other food recovery organizations.

Fiscal Impact:

The grant provides for equipment, salaries and benefits of direct costs, and up to 12% of administrative costs (indirect costs). The City is finalizing the budget for the grant but is requesting to apply for up to $2,500,000 of the eligible $5,000,000 grant limit.

Recommendation andRequested Action:

Motion to Adopt Resolution 2023-14 of the City Council of the City of Yreka, State of California, Approving the Filing of Application for “California Climate Investments Wildfire Prevention Grants Program”.
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Resolution Number: 2023-14

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF YREKA, STATE OF CALIFORNIA

APPROVING THE FILING OF APPLICATION FOR
“CALIFORNIA CLIMATE INVESTMENTS WILDFIRE PREVENTION GRANTS PROGRAM” WHEREAS, the Governor of the State of California in cooperation with the California State Legislature has enacted State of California Climate Investment, which provides funds to the State of California and its political subdivisions for fire prevention programs; and
WHEREAS, the State Department of Forestry and Fire Protection (CAL FIRE) has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies, non-profit organizations, and others under the program, and WHEREAS, the applicant will enter into an agreement with the State of California to carry out Yreka City Air Curtain Resource for regional agency, private, commercial waste fuel disposal and Yreka I5 Corridor Brush and Grassland fuel reduction project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yreka:

1. Approved the filing of an application for “California Climate Investments Wildfire Prevention Grants Program”; and

2. Certifies that said applicant has or will have sufficient fundsto operate and maintain the project; and,

3. Certifies that funds under the jurisdiction of City Council of the City of Yreka are available to begin the project.

4. Certifies that said applicant will expend grant funds prior to January 15, 2029, where all grant activities must be completed by March 15, 2029.

5. Appoints Jason Ledbetter, City Manager, or a designee, to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.

The foregoing resolution was approved and adopted the 7th day of March 2023 by the following vote:

AYES:

NOES:

ABSENTS: Corey Middleton
Mayor
----CERTIFICATION OF RESOLUTION---- Please note the person attesting cannot be the person(s) appointed in (5.) ATTEST:

I, Rhetta Hogan, City Clerk of the City of Yreka, witness my hand or the seal of the City of Yreka on the 21st day of February, 2023.

Shella Rhetta Hogan
City Clerk

OFFICAL SEAL OR

NOTARY CERTIFICATION
(If Applicable)
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Yreka City CouncilMarch 7, 2023

Yreka City Council
March 7, 2023