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 21, 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 Legal Counsel – Anticipated Litigation (§ 54956.9) Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code:
(Number of cases to be discussed – One (1) - The names of the parties are not disclosed, as it is believed that that to do so would jeopardize the City's ability to serve process or to conclude existing settlement negotiations to the City's advantage).
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 186
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.
Recognition of Lt. Ray Boutin and the Shop with a COP program
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 27, 2023, through March 12, 2023. b. Approval of Minutes of the Regular Meeting held March 7, 2023. c. Approval of Minutes of the Special Meeting held March 10, 2023. d. Cash Balances, Budget to Actual and Fiscal Performance Reports for February 2023. 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.
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Recommended City Council Action: Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.
9. OLD BUSINESS
City Manager
a. 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.
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.
Public Works
b. Agenda Title: Award Professional Services Agreement with ORW for Architecture and Engineering Services for the City Hall ADA Remodel Project.
Council authorized staff to advertise a Request for Proposals (RFP) for architecture and engineering design and construction management services for the City Hall ADA Remodel Project. While the first advertisement in June 2022 received no submissions, the second posting in December 2022 resulted in three proposals. After reviewing the proposals and additional cost breakdowns from the proposers, it was determined that ORW Architecture, Inc. from Medford, OR is best suited to provide these services. The scope of work in this proposal includes finalizing the City’s conceptual design; preparing the plans, specifications and estimates for the bid documents; answering bidder questions throughout the bidding phase; and providing construction management and support during the City Hall remodeling process.
Recommended City Council Action: Motion to Authorize the City Manager and staff to execute a Professional Services Agreement with ORW Architecture, Inc. for Design and Construction Management Services for the City Hall ADA Remodel Project.
Planning Director
c. Agenda Title: Pro-Housing Designation Program
The City Council requested to revisit the Pro-Housing Designation (from December 20, 2022). The Prohousing Housing Designation identifies local policies that jurisdictions are adopting to address housing needs and affordability and identifies State programs and grants for which Prohousing designated jurisdictions should receive preference or additional points. City Staff are requesting City Council review the proposed activities to achieve a Pro Housing Designation and authorize the submittal of the application to HCD.
Recommended City Council Action: Motion to approve Resolution 2022-59 A Resolution of the City Council of the City of Yreka Authorizing Application To and Participation In The Prohousing Designation Program
10. PUBLIC HEARINGS:
Public Hearing Protocol:
i. Mayor will describe the purpose of the Public Hearing. ii. City Staff will provide the Staff Report.
iii. City Staff will respond to questions from the City Council. iv. Mayor will open the Public Hearing.
v. Public wanting to comment will come to the podium, provide the City Clerk with their name and address, and provide their comments.
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vi. Mayor will close the Public Hearing.
vii. City Council will deliberate and act on the item.
Finance Director/Fire Chief
a. Agenda Title: Updating the City’s Capital Improvement Plan and Development Impact Fee (Rate) for Public Safety – Fire.
The City’s fire development impact fee for capital needs was updated and fee structure evaluated.
Mitigation fees are needed to cover the impacts from new development (construction) within the boundaries of the City of Yreka to the Fire Department. The study recommends increasing the fee from $35 flat rate to $2.03 per building square foot, in accordance with the Fire Development Impact Fee nexus study prepared by PFG Capital, dated February 2023. Study is available at City Hall and online: http://ci.yreka.ca.us/DocumentCenter/View/1373/2023-Yreka-Fire-Mitigation-Impact-FeeStudy Recommended City Council Action: Motion to approve City Council Resolution 2023-15 approving the Development Impact Fee Report and Updating the City’s Capital Improvement Plan for Public Safety - Fire and Development Impact Fee (Rate) Program.
11. NEW BUSINESS
City Manager/Planning Director
a. Agenda Title: Vacant Land Survey and Homekey Feasibility Study – Presentation and Discussion City Staff in coordination with Housing Tools (City Consultant) have prepared an initial vacant land inventory of private properties that are eligible for state tax rebates and grants for multi-unit housing projects. The document also includes a feasibility study of two hotel properties that could be sites for the future HomeKey program. This item will review next steps for the vacant land survey and ask direction from City Council on the preferred HomeKey site.
City Manager
b. Agenda Title: Proclamation Recognizing April 2023: The Siskiyou Child Abuse Prevention Council Collaborative Proclamation.
Proclaims April as Child Abuse Prevention and Sexual Assault Awareness Month–as well as April 15th–21st, 2023 as Week of the Young Child. We call upon all citizens, community agencies, faith groups, medical facilities, elected leaders and businesses to increase their participation in efforts to support families, thereby preventing child abuse and strengthening families in the communities in which we live.
Recommended City Council Action: Motion to Approve the Proclamation Recognizing April 2023:
The Siskiyou Child Abuse Prevention Council Collaborative Proclamation.
City Manager
c. Agenda Title: Resolution 2023-16 of the City Council of the City of Yreka Authorizing State of California Local Jurisdiction Cannabis Retail Access Grant Program Funding.
The California Legislature has appropriated funds for award by the California Department of Cannabis Control to eligible local jurisdictions to develop and implement a cannabis retailer licensing program, and has a plan to develop and implement a program to issue permits to commercial cannabis retail 4 of 186
businesses, and has determined that it will use grant funds from the Department of Cannabis Control to establish a local cannabis retailer licensing program as described in its application for grant funds.
Recommended City Council Action: Motion to Approve 2023-16 of the City Council of the City of Yreka Authorizing State of California Local Jurisdiction Cannabis Retail Access Grant Program Funding.
City Attorney/City Manager
d. Agenda Title: Introduction of Ordinance 874, an ordinance of the City Council of the City of Yreka, California adding chapter 9.70 to the Yreka Municipal Code entitled “Personal Fireworks Prohibited” and Finding the Ordinance Exempt from CEQA.
Recommended City Council Action: City Council consider public comment and, upon motion, introduce the Ordinance 874, approving and adopting “Personal Fireworks Prohibited” and Finding the Ordinance Exempt from CEQA. Following motion, pass the ordinance to a subsequent meeting for the consideration of the ordinance’s adoption.
12. CITY MANAGER/STAFF REPORTS:
City Manager and Staff may make brief announcements or reports at this time.
13. 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.
14. ADJOURNMENT:
In compliance with the requirements of the Brown Act, notice of this meeting has been posted in a publicly accessible place, 72 hours in advance of the meeting.
All documents produced by the City which are related to an open session agenda item and distributed to the City Council are made available for public inspection in the City Clerk’s Office during normal business hours.
Public Hearings: If, in the future, you wish to challenge in court any of the matters on an agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Any person seeking to challenge a City Council decision made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.”
"CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of Yreka is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing. If a person wishes to challenge the above actions in court, 5 of 186
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 21, 2023 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.ci.yreka.ca.us and posted at Yreka City Hall, 701 Fourth St., Yreka, California. /s/: Rhetta Hogan
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Recognition of Lt. Ray Boutin and the Shop with a COP Program Whereas, the Yreka Police Department takes part in many community events and volunteers time to help families in need. One of the methods used by police to assist with community relations and to help in the community is through Shop with a Cop program.
Whereas, Lt. Ray Boutin has worked over the past 8 years, coordinating this event from schools, law enforcement and social services areas to meet the needs of children in our community. This program helps approximately 50+ children and their families annually during the holiday season.
Whereas, the Shop with a Cop is an event that focuses on underprivileged children and families within a local community, as Police officers spend time with the children and shop with them in a local store. During the event, the children are given a gift certificate to purchase any items they want in the store. The police officer acts as a chaperone and companion to the children throughout the day as they shop for items. The event includes a meal, where the children and officers eat together, usually a pizza dinner. Children also may have an opportunity to talk to a Santa.
Whereas, the Shop with a Cop program reaches out to members of the community who may otherwise hesitate to engage with police officers on a regular basis. It also allows children to become familiar with police and feel comfortable in their presence. It teaches the children that police officers are individuals who have unique interests, goals, and families of their own and that they are here to help.
Whereas, by participating in the program, children gain a positive experience with police officers, officers get to bond with the children and give them a different perspective on the role of police in a local community. Since the children involved in the Shop with a Cop program do not always have positive impressions or experiences with police, it also allows them to develop fond memories of the officers and helps them develop trust with law enforcement officials.
Whereas, the program also helps members of the local community who may need assistance at different times of the year. Children get to pick out items they want or need without hesitation due to the costs and, in some cases, children have selected items like space heaters or food to address specific needs they have at home. During the holiday season, they sometimes select gift items for family members as well as items for themselves.
Whereas, the Siskiyou County Shop with a cop program, includes all areas of law enforcement, probation department and other areas of the criminal justice system. Law enforcement officials work with other professionals in the criminal justice system and the educational system to identify children who may benefit from the program. They screen children based on recommendations from school authorities and members of the police force.
Whereas, businesses and the general public can get involved in the Shop with a Cop program by donating money or items for the event.
Now therefore, the City Council of the City of Yreka, recognizes and is appreciative of the work of Lt.
Boutin in organizing the event for 8 years and,
That the City Council of the City of Yreka appreciates the charitable work of the many individuals who support the Shop with a Cop program that helps connect police officers with children in a local community.
That the City Council of the City of Yreka recognizes the success of this program helping families in need and allowing children to see a positive side to law enforcement, as it helps police officers establish friendly relations with children and families from underprivileged homes.
That the City Council of the City of Yreka acknowledges that the program is about helping families while also building strong communities ties by coming together for a common purpose and developing a bond between the police officers and the families involved in the event. ___________________________________________________________________________________ Corey Middleton, Mayor City of Yreka for the City Council 7 of 186
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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 MINUTES
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]
1. 5:30PM CALL TO ORDER:
Mayor Middleton called the closed session portion of the meeting to order at 5:30 p.m.
Present were Councilmembers Colleen Baker, Drake J. Davis, Paul McCoy and Corey Middleton.
2. PUBLIC COMMENT ON CLOSED SESSION:
There were none.
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.
There was no reportable action from closed session.
4. 6:30PM CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:
Mayor Middleton called the regular meeting to order at 6:30 p.m.
Present were Councilmembers Colleen Baker, Drake J. Davis, Duane Kegg, Paul McCoy and Corey Middleton.
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.
There were none.
6. PUBLIC COMMENTS:
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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.
Public comment was heard from Mark Atwood, Lorenzo Love, and Tad White.
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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Motion to Adopt the Consent Agenda of the City Council of the City of Yreka with the exception to pull from the consent agenda item 8.d. Approval of City Council Resolution 2023-09, Approving the Transmission of the 2022 General Plan and Housing Element Annual Progress Report.
MOTIONED: Councilmember Kegg
SECONDED: Councilmember McCoy
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
Motion to Approve Consent Item 8.d. Approval of City Council Resolution 2023-09, Approving the Transmission of the 2022 General Plan and Housing Element Annual Progress Report, conditional that the information included in the staff report is considered as part of the resolution approval and transmittal document to the State.
MOTIONED: Councilmember Baird
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
New business item 10.a. was moved to the next action item following the consent agenda. The meeting returned to 9.a. New Business Homeless Liaison Contract.
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: Motion to Authorize City Manager to sign the Contract for Services agreement between the City and Siskiyou County Health and Human Services Agency.
Public comment was heard from Mr. White and Dawnmarie Autrey.
Motion to Authorize City Manager to sign the Contract for Services agreement between the City and Siskiyou County Health and Human Services Agency.
MOTIONED: Councilmember Kegg
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SECONDED: Councilmember Davis
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
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.
There was no public comment.
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.
MOTIONED: Councilmember Kegg
SECONDED: Councilmember McCoy
AYES: Councilmembers Baker, Kegg, McCoy, and Middleton
NOES: Councilmember Davis
ABSENT: -0-
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.).
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.
There was no public comment.
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. 28 of 186
MOTIONED: Councilmember Davis
SECONDED: Councilmember Baker
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
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.
Public comment was heard from Debbie Baird, Lorenzo Love.
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.
MOTIONED: Councilmember McCoy
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
New business item 10.a. was moved to the action item following the consent agenda.
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.
Public comment was heard from Dawnmarie Autrey
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.
MOTIONED: Councilmember McCoy
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
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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
Public comment was heard from Debbie Baird.
Item was tabled to come back with a representative qualified to answer questions on the proposed legislation. c. Agenda Title: Authorizing Grant Application to CalRecycle through the Joint Powers Agreement as the Siskiyou County Integrated Solid Waste Management (Regional Agency) 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
There was no public comment.
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” MOTIONED: Councilmember Baker
SECONDED: Councilmember Davis
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
d. Agenda Title: Authorizing Grant Application to CalFire for “California Climate Investments Wildfire Prevention Grants Program”
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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”
Public comment was heard from Tad White.
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” MOTIONED: Councilmember Davis
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
11. CITY MANAGER/STAFF REPORTS:
City Manager and Staff may make brief announcements or reports at this time.
City Manager Ledbetter gave updates where:
• Finance staff is working on their budget meetings.
• On March 21, 2023, staff will be bringing affordable housing sites for consideration of future development. A letter is being sent to each prospective site’s property owner to ascertain interest in selling and or partnering with qualified developer for redevelopment funding. • The RFP with master developers has been (is issued).
• On March 1, 2023, City Manager Ledbetter attended a business lunch for Siskiyou County City Manager and will be meeting with Southern Oregon City Manager at their March 27, 2023, meeting. • Methodist Church warming center will be open March 7 and 8th, and thanked Councilmember McCoy and Chief Gilman for staffing.
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.
Councilmember Baker asked about the deadline for the housing tools and outreach to potential developers.
Councilmember Kegg spoke to the Continuum of Care meeting and complimented the outreach by Sarah Springfield to the youth, by Youth Empowerment Services “YES”.
13. ADJOURNMENT:
Meeting was adjourned at 9:08PM
____________________
Corey Middleton, Mayor
Minutes approved by City Council,
Motion on March 21, 2023
______________________
Rhetta Hogan, City Clerk
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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
SPECIAL YREKA CITY COUNCIL MEETING AGENDA
March 10, 2023
Special Meeting Start Time: 1:00 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected]
1. 1:00PM CALL TO ORDER:
Mayor Middleton called the closed session portion of the meeting to order at 1:04 p.m.
Present were Councilmembers Colleen Baker, Drake J. Davis, Paul McCoy and Corey Middleton.
2. PUBLIC COMMENT ON CLOSED SESSION:
There were none.
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. Pursuant to Government Code Section 54957(b) the City's Personnel Board will hold a Closed Session to Reconsider and Redetermine its Previous Determination regarding the Discipline/Dismissal/Release of a public employee (Position affected: Police Officer).
4. REPORT OUT FROM CLOSED SESSION:
Closed session was closed at 3:31PM and Mayor Middleton call to order open session at 3:33PM Motion was to uphold the original decision of the personnel board on the matter of Ryan Welch.
MOTIONED: Councilmember Baker
SECONDED: Councilmember McCoy
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
5. ADJOURNMENT:
Meeting was adjourned at 3:35PM
____________________
Corey Middleton, Mayor
Minutes approved by City Council,
Motion on March 21, 2023
______________________
Rhetta Hogan, City Clerk
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Fund Type Fund Fund Description Previous Balance
Receipts /
Debits
Disbursements /
Credits
Cash Balance by
Fund
General-Unrestricted 01 General Operating $ 9,191,273.36 $ 735,610.40 $ 617,349.54 $ 9,309,534.22 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 25,456.31 500.00 - 25,956.31 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-Restricted 04 Crandell Cash 416,042.45 - - 416,042.45 General-Restricted 05 Property Abatement Recovery 42,114.88 - 611.25 41,503.63 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 6,972.27 - 838,097.89 General-Designated 10 Capital Outlay 241,821.35 - - 241,821.35 General-Designated 11 Capital Building Project - YPD (1,996.77) - 578.11 (2,574.88) 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 (507,542.59) 664,152.37 554,288.56 (397,678.78) 12,349,239.88 $ Spec. Rev. -Streets 20 Road and Street Funds including HUTA 134,121.45 14,248.34 62,165.93 86,203.86 Spec. Rev. -Streets 21 Local Transportation 604,848.48 - - 604,848.48 Streets Spec. Rev. -Streets 24 Fines - Traffic Safety 174,431.93 511.81 7,926.58 167,017.16 858,069.50 $ Special Revenue 30 Fire Assessment Spec. Rev 1,179,080.84 32,137.45 7,748.14 1,203,470.15 Special Revenue 31 Landfill Access Fee - Debt Service (11,346.80) 20,817.01 2,023.45 7,446.76 Special Revenues Special Revenue 32 Developer Impact Fees 221,887.88 14,267.81 - 236,155.69 $ 1,447,072.60 Special Grants 60 Spec Grants Capital Outlay 1,520,628.87 - 59,663.10 1,460,965.77 Special Grants Special Grants 65 Community Development Grants 839,934.45 717.19 922.30 839,729.34 SpecialOperating 67 SUMIT Operating 493,066.20 3,567.94 - 496,634.14 $ 2,797,329.25 Water Enterprise 70 Water Operating 108,955.56 222,142.20 294,288.10 36,809.66 Water Enterprise 71 Water Capital Projects (2,397,577.69) 1,849,795.96 91,667.58 (639,449.31) Water Enterprise 72 Water Debt Servicing 475,861.42 - 7,187.66 468,673.76 Water Enterprise 72 USDA COPS 2010 300,000.00 - - 300,000.00 Water Enterprise Water Enterprise 74 Water Reserves 5,615,181.42 47,353.71 5,662,535.13 - $ 5,828,569.24 Sewer Enterprise 80 Sewer Operating 573,414.04 245,573.27 219,973.94 599,013.37 Sewer Enterprise 81 Sewer Capital Outlay (484,991.41) 67,753.75 45,909.92 (463,147.58) Sewer Enterprise 82 Sewer Debt Servicing 251,259.76 - - 251,259.76 Sewer Enterprise 82 USDA COPS 2003 250,000.00 - - 250,000.00 Enterprise-Sewer Sewer Enterprise 84 Sewer Reserves 5,161,600.32 60,969.41 5,222,569.73 - $ 5,859,695.28 Agency
Agency 92 Agency SUMIT - Cash 19,219.97 - - 19,219.97 $ 19,219.97 COLUMN TOTALS $ 27,144,408.99 $ 3,987,090.89 $ 1,972,304.16 $ 29,159,195.72 $ 29,159,195.72 -
BANK RECAPITULATION PER BANK Market Value Unrealized Gain PER LEDGER L.A.I.F. 0.861% 24,600,019.86 24,283,304.79 (316,715.07) Pershing Bank - CD & Treas Investments 2,697,000.00 2,635,773.66 (61,226.34) Pershing Bank - Cash 15,756.96
Petty Cash Drawers 1,200.00
YVFD Petty Cash -
Banner Bank (DDA for Bank Anticipation Note -
MB SUMIT Operating x2233 495,370.24
MB SUMIT Asset Forfeiture X4281 19,219.97
Mechanics Bank - 01015102 1,603,750.45
TOTAL PER BANK 29,432,317.48
ADJUSTMENTS
Less Outstanding Checks MB (254,598.92)
Less Outstanding Checks SVB SUMIT (2,304.04)
Interest CR (GL ) January 2023 (20.55)
Transfer 2/28 - Posted 3/1 at Bank 1,413.50
Transfer 2/28 - Posted 3/1 at Bank 3,281.22
CalPERS (3,313.23)
STATE (3.83)
BRMS 9.77
LWAPP (690.57)
Deposit & Return Shortage (5.00)
Calpers Rounding Journal (0.11)
AFLAC 54.15
Unrec Diff 0.98
LAIF -
Payroll Adj clearing Feb -
Unreconciled Diff (458.52)
MBSC Interest - Feb (6,230.60)
MBSC Interest - Jan (9,526.36)
TOTAL PER LEDGER 29,159,195.72 29,159,195.72
(0.00)
Corey Middleton, City Mayor
Emily Aldrich, Finance Director
CITY OF YREKA
REPORT ON CASH TO THE CITY COUNCIL
Feb-2023
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2022-2023 Operating Budget of Revenue and Expenditures
with Year to Date Actual Results February 28, 2023
Fund AnalysisMajor Grp Fund Adopted Operating Budget Year to Date 3 Adopted Operating Budget Year to Date 4 Operating Budget Net Actual
Year to Date
Current Cash
Balance
Investment in LAIF 00 - - - - - - -
General Operating 01 7,474,244.57 7,923,861.07 5,641,563.83 7,854,692.39 7,990,628.39 5,016,989.98 624,573.85 (66,767.32) 9,364,674.89 General Operating Fund 7,474,244.57 7,923,861.07 5,641,563.83 7,854,692.39 7,990,628.39 5,016,989.98 (66,767.32) 624,573.85 9,364,674.89 Gifts Donations 02 - - 10,982.95 700.00 700.00 3,036.48 (700.00) 7,946.47 35,641.96 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 - - - - - 17,042.86 - (17,042.86) 41,503.63General Fund Reserves 08 - - 3,610.17 - - - - 3,610.17 1,334,085.73 Reserves for Cap. Outlay 09 - - 6,972.27 - - - - 6,972.27 838,097.89 Capital Outlay 10 82,500.00 82,500.00 - 82,500.00 82,500.00 14,488.79 - (14,488.79) 241,821.35 Construction Fund 11 - - - - - 2,462.14 - (2,462.14) (2,574.88)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) 622,682.71 - 100,048.29 - (764,015.98) 522,634.42 (397,678.78) General Fund - Restricted or Designated (542,120.98) (542,120.98) 648,603.56 224,645.00 224,645.00 186,767.06 (766,765.98) 461,836.50 2,984,564.99 Total General Fund 6,932,123.59 7,381,740.09 6,290,167.39 8,079,337.39 8,215,273.39 5,203,757.04 (833,533.30) 1,086,410.35 12,349,239.88Gas Tax & Traffic Cong. 20 954,702.40 954,702.40 252,312.61 954,702.44 954,702.44 595,509.92 (0.04) (343,197.31) 86,203.86 Local Transportation 21 200,000.00 200,000.00 229,885.84 200,000.00 200,000.00 - - 229,885.84 604,848.48 Fines - Traffic Safety 24 68,164.14 68,164.14 8,322.76 68,164.14 68,164.14 48,415.53 - (40,092.77) 167,017.16 Road, Street & Transit - Restricted 1,222,866.54 1,222,866.54 490,521.21 1,222,866.58 1,222,866.58 643,925.45 (0.04) (153,404.24) 858,069.50 Total Road, Streets and Transit 1,222,866.54 1,222,866.54 490,521.21 1,222,866.58 1,222,866.58 643,925.45 (0.04) (153,404.24) 858,069.50 Fire Assessment Spec. Rev 30 307,500.00 307,500.00 227,739.58 105,726.24 105,726.24 60,484.16 201,773.76 167,255.42 1,203,470.15Landfill Access Fee - Debt Service 31 240,000.00 240,000.00 160,750.65 240,000.01 240,000.01 131,319.02 (0.01) 29,431.63 7,446.76 Developer Impact Fees 32 16,000.00 16,000.00 16,478.07 9,500.00 9,500.00 - 6,500.00 16,478.07 236,155.69 Special Revenue - Restricted 563,500.00 563,500.00 404,968.30 355,226.25 355,226.25 191,803.18 208,273.75 213,165.12 1,447,072.60 Total Special Revenue 563,500.00 563,500.00 404,968.30 355,226.25 355,226.25 191,803.18 208,273.75 213,165.12 1,447,072.60 Spec Grants Capital Outlay 60 - - - 2,249,000.00 2,249,000.00 402,270.23 (2,249,000.00) (402,270.23) 1,460,965.77 Community Development Grants 65 2,249,000.00 2,249,000.00 198,422.80 800,750.00 800,750.00 91,818.47 1,448,250.00 106,604.33 839,729.34 SUMIT Operating Fund 67 750,600.00 750,600.00 9,581.04 - 209,863.75 - 750,600.00 (200,282.71) 496,634.14 Special Grants - Capital Projects 2,999,600.00 2,999,600.00 208,003.84 3,049,750.00 3,049,750.00 703,952.45 (50,150.00) (495,948.61) 2,797,329.25 Special Grants - Operating & Capital Projects 2,999,600.00 2,999,600.00 208,003.84 3,049,750.00 3,049,750.00 703,952.45 (50,150.00) (495,948.61) 2,797,329.25 Water Operating 70 - - 3,567.94 2,585,884.53 2,585,884.53 1,704,486.56 (1,700,918.62) (2,585,884.53) 36,809.66 Water Capital Projects 71 2,585,884.55 2,585,884.55 1,673,958.10 2,853,117.00 7,873,117.00 3,612,342.64 (1,938,384.54) (5,287,232.45) (639,449.31) Water Debt Servicing 72 2,853,117.00 7,873,117.00 4,019,372.08 349,238.17 349,238.17 34,257.99 3,985,114.09 7,523,878.83 768,673.76 Water Reserves 74 356,738.17 356,738.17 - - - - - 356,738.17 5,662,535.13 Water Enterprise 5,795,739.72 10,815,739.72 5,696,898.12 5,788,239.70 10,808,239.70 5,351,087.19 7,500.02 345,810.93 5,828,569.24 Sewer Operating 80 (916,687.72) (1,197,687.72) 803,139.95 2,360,449.97 2,360,449.97 1,239,059.39 (3,558,137.69) (435,919.44) 599,013.37 Sewer Capital Outlay 81 2,360,449.98 2,360,449.98 1,444,676.02 9,326,680.00 9,518,080.00 1,087,700.92 (7,157,630.02) 356,975.10 (463,147.58) Sewer Debt Servicing 82 9,326,680.00 9,326,680.00 1,069,595.59 316,855.00 316,855.00 118,293.15 9,009,825.00 951,302.44 501,259.76 Sewer Reserves 84 318,855.00 318,855.00 (556,798.91) - - - 318,855.00 (556,798.91) 5,222,569.73 Sewer Enterprise Fund 11,089,297.26 10,808,297.26 2,760,612.65 12,003,984.97 12,195,384.97 2,445,053.46 (1,387,087.71) 315,559.19 5,859,695.28Total Enterprise Funds 16,885,036.98 21,624,036.98 8,457,510.77 17,792,224.67 23,003,624.67 7,796,140.65 (1,379,587.69) 661,370.12 11,688,264.52 SUMIT Agency Trust - Cash 92 - - - - - - - - 19,219.97
Agency Funds - - - - - - - - 19,219.97 \
Total Agency Funds - - - - - - - - 19,219.97
All Funds Combined 33,791,743.61 28,603,127.11 15,851,171.51 30,499,404.89 35,846,740.89 14,539,578.77 (2,054,997.28) 1,311,592.74 29,159,195.72 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 3/13/2023 10:36 AM 34 of 186
City of Yreka Financial Statement Groupings
Summary FY 22-23 YTD Fiscal Performance
as of Februrary 28, 2023
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
1. GENERAL FUNDSRevenue
801 REVENUE: PROP TAXES 1,208,650.00 1,208,650.00 813,175.12 -395,474.88807 MVLF IN LIEU 650,000.00 368,967.23 -281,032.77 650,000.00810 SALES TAX 3,600,000.00 2,370,748.29 -1,229,251.71 3,600,000.00813 REVENUE: TOT TAXES 830,000.00 715,216.33 -114,783.67 830,000.00814 REVENUE: FRANCHISE FEES 285,000.00 269,421.88 -15,578.12 285,000.00815 REVENUE - LICENSES AND PERMITS 189,900.00 161,431.45 -28,468.55 189,900.00825 REVENUE - FINES & FORFEITURES 250.00 -1,094.08 -1,344.08 250.00830 REVENUE - USE OF MONEY & PROPERTY 70,800.00 223,690.36 152,890.36 70,800.00850 REVENUE - INTERGOVERNMENTAL 348,417.57 377,365.73 -420,668.34 798,034.07870 REVENUE - USER FEES AND CHARGES 50,825.00 28,975.91 -21,849.09 50,825.00880 ICA ALLOCATION 445,797.00 296,000.00 -149,797.00 445,797.00882 REVENUE - OTHER 16,500.00 43,586.46 27,086.46 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 5,667,484.68 -2,478,271.39Expense 100 MAYOR, COUNCIL, CITY MANAGER, CLERK 432,382.41 499,882.41 350,215.68 149,666.73110 EXP. GENERAL GOVERNMENT 1,000,856.81 941,985.85 58,870.96 1,000,856.81130 PUBLIC SAFETY CODE ENFORCEMENT 124,003.29 97,265.42 26,737.87 124,003.29200 PUBLIC SAFETY - POLICE 3,764,055.55 2,346,615.60 1,459,375.95 3,805,991.55 Monday, March 13, 2023 Page 1 of 8
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ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
210 PUBLIC SAFETY - FIRE 688,288.33 688,288.33 297,231.38 391,056.95220 PLANNING AND DEVELOPMENT 556,999.77 484,700.89 98,798.88 583,499.77300 PUBLIC WORKS - ENGINEERING AND ADMIN 150,103.38 58,805.42 91,297.96 150,103.38350 PUBLIC WORKS - MECHANICAL MAINT (ELIM) 0.01 337,411.47 -337,411.46 0.01370 PUBLIC WORKS - SERVICE CENTER (ELIM) 0.00 24,651.84 -24,651.84 0.00400 CULTURAL & REC - PARKS AND REC 574,386.30 239,985.10 334,401.20 574,386.30645 CAPITAL OUTLAY 72,500.00 2,462.14 70,037.86 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 8,215,273.39 5,203,757.04 3,011,516.351. GENERAL FUNDS Net Position Change -383,197.82 -69,517.32 463,727.64 533,244.96 Monday, March 13, 2023 Page 2 of 8
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ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 1. GENERAL FUNDS (1021 detail records)2. STREETS FUNDSRevenue 825 REVENUE - FINES & FORFEITURES 15,000.00 15,000.00 6,363.56 -8,636.44830 REVENUE - USE OF MONEY & PROPERTY 3,500.00 9,956.52 6,456.52 3,500.00850 REVENUE - INTERGOVERNMENTAL 614,500.00 463,267.24 -151,232.76 614,500.00887 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 1,222,866.54 490,521.21 -732,345.33Expense 300 PUBLIC WORKS - ENGINEERING AND ADMIN 62,542.43 62,542.43 31,939.77 30,602.66310 PUBLIC WORKS - STREET MAINTENANCE 430,564.36 359,973.97 70,590.39 430,564.36311 PUBLIC WORKS - STREET SWEEPING 85,522.92 56,284.86 29,238.06 85,522.92312 PUBLIC WORKS - STREET LIGHTING 56,144.97 23,017.86 33,127.11 56,144.97313 PUBLIC WORKS - WEED CONTROL STREETS 10,995.72 2,492.49 8,503.23 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 48,415.53 19,748.61340 TRANSPORTATION 200,000.00 0.00 200,000.00 200,000.00390 PUBLIC WORKS - STORM DRAINS 171,558.63 75,782.56 95,776.07 171,558.63645 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 1,222,866.58 643,925.45 578,941.132. STREETS FUNDS Net Position Change -0.04 -0.04 -153,404.24 -153,404.20 Monday, March 13, 2023 Page 3 of 8
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ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 2. STREETS FUNDS (296 detail records)3. SPECIAL REVENUE FUNDSRevenue 811 OTHER TAXES 305,000.00 305,000.00 216,625.48 -88,374.52815 REVENUE - LICENSES AND PERMITS 16,000.00 14,044.83 -1,955.17 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 240,000.00 160,750.65 -79,249.35 240,000.00
3. SPECIAL REVENUE FUNDS Revenue Totals 563,500.00 563,500.00 404,968.30 -158,531.70Expense 100.3 COLLECTION EXPENSE 65,000.01 65,000.01 -43,680.98 108,680.99 210 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 185,708.43 160,875.57 24,832.86 185,708.43745 INTEREST ON LT DEBT 80,017.81 74,608.59 5,409.22 80,017.81760 INTERFUND TRANSFERS 9,500.00 0.00 9,500.00 9,500.00
3. SPECIAL REVENUE FUNDS Expense Totals 355,226.25 355,226.25 191,803.18 163,423.073. SPECIAL REVENUE FUNDS Net Position Change 208,273.75 208,273.75 213,165.12 4,891.37 Monday, March 13, 2023 Page 4 of 8
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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 9,581.04 8,981.04850 REVENUE - INTERGOVERNMENTAL 2,249,000.00 101,990.74 -2,147,009.26 2,249,000.00882 REVENUE - OTHER 0.00 100,000.00 100,000.00 0.00898 INTERFUND TRANSFERS 750,000.00 0.00 -750,000.00 750,000.00
4. CAPITAL & CDBG GRANTS Revenue Totals 2,999,600.00 2,999,600.00 211,571.78 -2,788,028.22Expense 220 PLANNING AND DEVELOPMENT 0.00 0.00 51,940.40 -51,940.40600 COMMUNITY DEVELOPMENT 375,750.00 191,564.89 184,185.11 375,750.00645 CAPITAL OUTLAY 2,674,000.00 460,447.16 2,213,552.84 2,674,000.00
4. CAPITAL & CDBG GRANTS Expense Totals 3,049,750.00 3,049,750.00 703,952.45 2,345,797.554. CAPITAL & CDBG GRANTS Net Position Change -50,150.00 -50,150.00 -492,380.67 -442,230.67 Monday, March 13, 2023 Page 5 of 8
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ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 4. CAPITAL & CDBG GRANTS (182 detail records)5. WATER FUNDSRevenue 510 WATER TREATMENT AND CONSERVATION 0.00 0.00 25.00 25.00830 REVENUE - USE OF MONEY & PROPERTY 83,000.00 169,526.41 86,526.41 83,000.00850 REVENUE - INTERGOVERNMENTAL 1,734,000.00 4,111,872.08 -2,361,127.92 6,473,000.00870 REVENUE - USER FEES AND CHARGES 3,054,552.00 2,215,046.64 -839,505.36 3,054,552.00882 REVENUE - OTHER 0.00 0.00 0.00 0.00898 INTERFUND TRANSFERS 7,500.00 7,500.00 0.00 -7,500.00
5. WATER FUNDS Revenue Totals 4,879,052.00 9,618,052.00 6,496,470.13 -3,121,581.87Expense 100.3 COLLECTION EXPENSE 258,545.64 258,545.64 146,767.49 111,778.15300.1 ENGINEERING 268,491.91 156,951.07 111,540.84 268,491.91 500 WATER DISTRIBUTION EXPENSE 872,028.16 400,546.82 471,481.34 872,028.16510 WATER TREATMENT AND CONSERVATION 860,333.82 659,280.44 201,053.38 860,333.82 510.1 COST OF POWER AND WATER 289,000.00 188,940.74 100,059.26 289,000.00 645 CAPITAL OUTLAY 2,286,335.00 7,306,335.00 3,415,809.08 3,890,525.92690 CAPITALIZATION OF ASSETS 0.00 196,533.56 -196,533.56 0.00740 PRINCIPAL ON LT DEBT 221,170.83 0.00 221,170.83 221,170.83745 INTEREST ON LT DEBT 128,067.34 34,257.99 93,809.35 128,067.34760 INTERFUND TRANSFERS 375,000.00 0.00 375,000.00 375,000.00799 ICA EXPENSE 229,267.00 152,000.00 77,267.00 229,267.00
5. WATER FUNDS Expense Totals 5,788,239.70 10,808,239.70 5,351,087.19 5,457,152.515. WATER FUNDS Net Position Change -909,187.70 -1,190,187.70 1,145,382.94 2,335,570.64 Monday, March 13, 2023 Page 6 of 8
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ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 5. WATER FUNDS (338 detail records)6. SEWER FUNDSRevenue 830 REVENUE - USE OF MONEY & PROPERTY 35,395.00 35,395.00 145,021.23 109,626.23850 REVENUE - INTERGOVERNMENTAL 5,000,000.00 512,796.00 -4,487,204.00 5,000,000.00870 REVENUE - USER FEES AND CHARGES 2,904,574.00 1,922,338.18 -982,235.82 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 2,580,155.41 -8,661,813.59Expense 100.3 COLLECTION EXPENSE 247,545.64 247,545.64 141,146.71 106,398.93300.1 ENGINEERING 231,491.91 116,821.71 114,670.20 231,491.91510.1 COST OF POWER AND WATER 221,000.00 122,096.75 98,903.25 221,000.00 550 WASTEWATER COLLECTION EXPENSE 589,801.84 174,957.19 414,844.65 589,801.84560 WASTEWATER TREATMENT EXPENSE 868,957.58 540,037.03 520,320.55 1,060,357.58645 CAPITAL OUTLAY 8,936,803.00 845,708.12 8,091,094.88 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 216,530.00 144,000.00 72,530.00 216,530.00
6. SEWER FUNDS Expense Totals 12,003,984.97 12,195,384.97 2,445,053.46 9,750,331.516. SEWER FUNDS Net Position Change -762,015.97 -953,415.97 135,101.95 1,088,517.92 Monday, March 13, 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 (252 detail records) Grand Total 1,896,277.78 2,054,997.28 -1,311,592.74 -3,366,590.02 Monday, March 13, 2023 Page 8 of 8
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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 21, 2023
Discussion:
The drought, prevailing climatic temperatures, and the allocation of Yreka Fire Resources to mutual aid to suppress wildfires was found to constitute an immediate threat to the public safety.
Ordinance 864 delays the sale of fireworks and the use of fireworks and public displays of pyrotechnics until the threat to public safety is abated.
Recommendation:
That the Council continue Urgency Ordinance 864.
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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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CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To:
From:
Prepared By:
Agenda Title:
Meeting Date:
Yreka City Council
Jason Ledbetter, City Manager
Jason Ledbetter, City Manager
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.
March 21, 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. 45 of 186
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. 47 of 186
PASSED AND ADOPTED this 21st 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: Cynthia Lynch, Municipal Projects Manager
Agenda Title: Discussion/Possible Action: Authorize the City Manager and Staff to Execute a Professional Services Agreement with ORW Architecture, Inc. for Design and Construction Management Services for the City Hall ADA Remodel Project
Meeting Date: March 21, 2023
Recommendation City Council Action:
Motion to Authorize the City Manager and staff to execute a Professional Services Agreement with ORW Architecture, Inc. for Design and Construction Management Services for the City Hall ADA Remodel Project.
Discussion:
Council authorized staff to advertise a Request for Proposals (RFP) for architecture and engineering design and construction management services for the City Hall ADA Remodel Project. While the first advertisement in June 2022 received no submissions, the second posting in December 2022 resulted in three proposals. After reviewing the proposals and additional cost breakdowns from the proposers, it was determined that ORW Architecture, Inc. from Medford, OR is best suited to provide these services. The scope of work in this proposal includes finalizing the City’s conceptual design; preparing the plans, specifications and estimates for the bid documents; answering bidder questions throughout the bidding phase; and providing construction management and support during the City Hall remodeling process.
ORW is currently working with the City and SEDC on the Carnegie Building Planning project funded by CDBG, and staff has been pleased with the work to date. The City has confirmed that ORW is an eligible firm with an active California business license, the principal engineers assigned to the project are also licensed in the state of California, and ORW is not debarred from federal or state contracting.
Fiscal Impact:
The initial cost estimate in the proposal is about $130,000 and would be covered by the previous encumbrance of $500,000 of the City’s CDBG Program Income for the project, as well as the commitment of $434,000 in match funds in January 2020 (Resolution No. 2020-3). 51 of 186
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
Prepared by: Juliana Lucchesi, AICP, Planning Director
Agenda Title: 9.c. HO-2022-01 Prohousing Designation Application Meeting date: March 21, 2023
Recommended Action:
Motion to approve Resolution CCR-2022-59 A Resolution of the City of Yreka City Council Authorizing Application to and Participation in the Prohousing Designation Program.
Summary:
The City Council requested to revisit the Prohousing Designation program. City Staff has developed an application to the California Department of Housing and Community Development (HCD) for a “Prohousing Designation”. The Prohousing Housing Designation identifies local policies that jurisdictions are adopting to address housing needs and affordability, and identifies State programs and grants for which Prohousing designated jurisdictions should receive preference or additional points. City Staff are requesting City Council review of the proposed activities to achieve a Pro Housing Designation and authorize the submittal of the application to HCD.
Background:
In an effort to address the housing crisis in the State of California, as part of the 2019-2022 Budget Act, the legislature enacted AB 101 and established the Prohousing Designation Program. The Prohousing Designation Program identifies local policies that jurisdictions should consider adopting to address housing needs and affordability, and identifies State programs and grants for which Prohousing designated jurisdictions should receive preference or additional points.
Per Section 65589.9(f)(2) of the California Government Code:
“Prohousing local policies” means policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:
(A) Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
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(B) Reduced parking requirements for sites that are zoned for residential development.
(C) Adoption of zoning allowing for use by right for residential and mixed-use development.
(D) Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
(E) Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Section 65852.2, as determined by the department.
(F) Reduction of permit processing time.
(G) Creation of objective development standards. (H) Reduction of development impact fees.
(I) Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.
Per Section 65589.9. of the California Government Code:
(a) It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.
(b) For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision
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(c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:
(1) The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.
(2) The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.
(3) The Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(4) Additional bonus points may be awarded to other state programs when already allowable under state law.
Fiscal Impact:
There is no fiscal impact to apply for a Pro Housing Designation.
Council Discussion:
There are four scoring categories to evaluate jurisdictions under the Prohousing Designation:
1. Favorable Zoning and Land Use
2. Acceleration of Housing Production Timelines
3. Reduction of Construction and Development Cost
4. Providing Financial Subsidies
An additional category titled “Enhancement Factors” allows a jurisdiction to receive extra points for each qualifying Prohousing policy. For example, Enhancement Factor Category 4 is for “Policies that go beyond state law requirements in reducing displacement of lower income households and conserving existing housing stock that is affordable to lower income households.” Each City policy that works to achieve the goals of Enhancement Factor Category 4 may receive an additional point. However, a policy may not be double counted: if a policy has received points under one category, it cannot receive points in another category.
In order to receive a Prohousing designation, a jurisdiction must receive a minimum of 30 points. Existing and proposed policies may receive points. Staff has done a preliminary assessment of existing policies and those proposed in the Draft 6th Cycle Housing Element. The attached Preliminary Prohousing Score Sheet 54 of 186
details each of the categories eligible for points. Staff has calculated that the City of Yreka is likely to receive 45 points under the four Prohousing categories.
Attachment 2 identifies the categories, points possible, and points eligible based on programs in the draft Housing Element.
Staff Recommendation:
City Staff recommend the City Council discuss the draft scoring sheet for agreement with the proposed programs and approve the attached resolution to submit the application to HCD for review and approval.
City Council may add or remove programs in the application. If the Council adds programs then Staff will add programs to the Housing Element draft to support the initiative. The Council may remove programs as long as the total score does not fall below 30 points or a category is without any points; excluding the enhancement factors.
Attachments:
1. CCR-2022-59 A Resolution of the City Council of the City of Yreka Authorizing Application to and Participation in the Prohousing Designation Program.
2. Prohousing Designation Scoring Sheet
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RESOLUTION NO. 2022-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA
AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING
DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and
WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of Yreka (“Applicant”) desires to submit an application for a Prohousing Designation (“Application”).
THEREFORE, IT IS RESOLVED THAT:
1. Applicant is hereby authorized and directed to submit an Application to the Department.
2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.
3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.
4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).
5. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.
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6. The City Manager is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.
Passed and adopted this 21st day of March 2023, by the following vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
________________________
Cory Middleton, Mayor
ATTEST:
________________________
Rhetta Hogan, City Clerk
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Project Proposal
Category 1: Favorable Zoning and Land Use
Category Prohousing Policy Description Points Eligible
Points
Policy Status
1A Sufficient sites, including rezoning, to accommodate 150 percent or greater of the current or draft RHNA,
whichever is greater, by total or income category.
3 3 RHNA
number is 3
units. 150% is
5 units and
we have
identified a
site that could
accommodate
65 units.
1D Density bonus programs which exceed statutory
requirements by 10 percent or more.
2 2 Policy
included in
Housing
Element
1F Reducing or eliminating parking requirements for
residential development as authorized by Government
Code sections 65852.2; adopting vehicular parking
ratios that are less than the relevant ratio thresholds at subparagraphs (A), (B), and (C) of Government Code
section 65915, subdivision (p)(1); or adopting
maximum parking requirements at or less than ratios
pursuant to Government Code section 65915,
subdivision (p).
2 2 State
mandated
policy
1G Zoning to allow for residential or mixed uses in one or more non-residential zones (e.g., commercial, light
industrial). Qualifying non-residential zones do not
include open space or substantially similar zones.
1 1 Already a
city policy,
state
mandated
policy, and
included in
Housing
Element
TOTALS 18 8
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Project Proposal
Category 2: Acceleration of Housing Production Timeframes Category Prohousing Policy Description Points Eligible
Points
Policy Status
2A Establishment of ministerial approval processes for a variety of housing types, including single-family and multifamily housing. 3 3 Policy
included in
the Housing
Element
2B Establishment of streamlined, program-level CEQA analysis and certification of general plans, community plans, specific plans with accompanying Environmental Impact Reports (EIR), and related documents.
2 2 Included in
General Plan
Update
2C Documented practice of streamlining housing development at the project level, such as by enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law (Pub. Resources Code, §§
21155.1, 21155.4, 21159.24, 21159.25; Gov. Code, §
65457; Cal Code Regs., tit. 14, §§ 15303, 15332; Pub.
Resources Code, §§ 21094.5, 21099, 21155.2, 21159.28).
2 2 State
Mandated
Policy.
Already city
policy.
2E Absence or elimination of public hearings for projects consistent with zoning and the general plan.
2 2 Already city
policy.
2F Establishment of consolidated or streamlined permit processes that minimize the levels of review and approval required for projects, and that are consistent with zoning regulations and the general plan.
1 1 Already city
policy
2G Absence, elimination or replacement of subjective development and design standards with objective development and design standards that simplify zoning clearance and improve approval certainty and timing.
1 1 State
Mandated
policy
2H Establishment of one-stop-shop permitting processes or a single point of contact where entitlements are coordinated across city approval functions (e.g., planning, public works, building) from entitlement application to certificate of occupancy.
1 1 Already a
city policy
2I Priority permit processing or reduced plan check times for ADUs/JADUs, multifamily housing, or homes affordable to lower- or moderate-income households.
1 1 State
mandated.
Already a
city policy
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2J Establishment of a standardized application form for all entitlement applications.
1 1 Already city
policy
2K Practice of publicly posting status updates on project permit approvals on the Internet.
1 1 Already city
policy
2L Limitation on the total number of hearings for any project to three or fewer. Applicants that accrue points pursuant to Category (2)(E) are not eligible for points under this Category (2)(L).
1 1 Already city
policy
TOTAL 19 16
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Project Proposal
Category 3: Reduction of Construction and Development Costs Category Prohousing Policy Description Points Eligible
Points
Policy Status
3A Waiver or significant reduction of development impact fees for residential development.
3 3 Already city
policy and
State
mandated
for lowincome
development
3B Adoption of ordinances or implementation of other
mechanisms that result in less restrictive requirements than Government Code sections 65852.2 and
65852.22 to reduce barriers for property owners to
create ADUs/JADUs. Examples of qualifying policies
include, but are not limited to, development standards
improvements, permit processing improvements,
dedicated ADU/JADU staff, technical assistance
programs, and pre-approved ADU/JADU design
packages.
2 2 Policy in
progress.
Included in
Housing
Element
3D Promoting innovative housing types (e.g., manufactured homes, recreational vehicles, park models) that reduce
development costs.
1 1 Already city
policy
3E Measures that reduce costs for transportation-related infrastructure or programs that encourage active modes
of transportation or other alternatives to automobiles.
Qualifying policies include, but are not limited to,
publicly funded programs to expand sidewalks or
protect bike/micro-mobility lanes; creation of on-street parking for bikes; transit-related improvements; or
establishment of carshare programs.
1 1 Already city
policy and
state
mandated
policy for
new and
renovated
street
projects
3F Adoption of universal design ordinances pursuant to
Health and Safety Code section 17959.
1 1 Optional
TOTAL 11 8
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Project Proposal
Category 4: Providing Financial Subsidies
Category Prohousing Policy Description Points Eligible
Points
Policy Status
4C A comprehensive program that complies with the
Surplus Land Act (Gov. Code, § 54220 et seq.) and
that makes publicly owned land available for
affordable housing, or for multifamily housing projects with the highest feasible percentage of units
affordable to lower income households. A qualifying
program may utilize mechanisms such as land
donations, land sales with significant write-downs, or
below-market land leases.
2 2 Already city
policy and
state
mandated
policy
4G Prioritization of local general funds for affordable housing.
1 1 Already city
policy with
the
authorization
to spend
general
funds on
Housing
Tools
Contract
TOTAL 12 3
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Project Proposal
Enhancement Factors
Category Prohousing Policy Description Points Eligible
Points
Policy Status
1 Policy that represents one element of a unified, multifaceted strategy to promote multiple planning objectives, such as efficient land use, access to public transportation, affordable housing, climate change
solutions, and/or hazard mitigation.
2 2 The
implementation
of the Housing
Element meets
this policy
2 Policies that promote development consistent with the state planning priorities pursuant to Government
Code section 65041.1.
1 1 The
implementation
of the Housing
Element meets
this policy
3 Policies that diversify planning and target community and economic development investments (housing and
non-housing) to improve lower opportunity areas.
Such areas include, but are not limited to, Low
Resource and High Segregation & Poverty areas
designated in the most recently updated TCAC/HCD
Opportunity Maps, and disadvantaged communities
pursuant to California Senate Bill 535 (2012).
1 1 The
implementation
of the Housing
Element meets
this policy
4 Policies that go beyond state law requirements in
reducing displacement of lower income households
and conserving existing housing stock that is
affordable to lower income households.
1 1 The
implementation
of the Housing
Element meets
this policy
5 Rezoning and other policies that support high-density development in Location Efficient Communities.
1 1 The
implementation
of the Housing
Element meets
this policy and
accommodated
in the General
Plan update
process
6 Rezoning and other policies that result in a net gain of housing capacity while concurrently mitigating
1 1 This is
accommodated
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development impacts on or from Environmentally
Sensitive or Hazardous Areas.
in the General
Plan update
process
TOTAL 9 7
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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Emily Aldrich, Finance Director and Jerry Lemos, Fire Chief PREPARED: Rhetta Hogan, Assistant City Manager
AGENDA TITLE: Adopt Resolution 2023-15 of the City Council of the City of Yreka Updating the City’s Capital Improvement Plan and
Development Impact Fee (Rate) for Public Safety – Fire
MEETING DATE: March 21, 2023
Discussion:
At the August 2, 2022, City Council meeting the Council authorized the City Manager to Sign a Contract for Financial Planning Services for a Fire Services Development Impact Fee Study with Capital Public Finance Group not to exceed $7,500.
The resulting report “Development Impact Fee Study for Fire Facilities” is the product of the research and analysis from the study. The recommendations to update the fees and capital facilities plan are being brought forward this evening for consideration.
Development impact fees (sometimes call mitigation fees) monetarily quantify the impact to the City’s Fire Department as it relates to growth. Development fees are collected which in turn allows the city to pay for fire equipment, facility improvements and other impacts supporting growth and demand for services.
The mitigation fee report was reviewed, and fees discussed at the January 19, 2023, Finance Committee meeting. The Committee’s recommendation was in support of bringing forward to the full City Council the updated fee schedule/rates as presented.
Fiscal Impact
The fiscal impact will vary by the level of future development subject to said fees.
Recommendation and Requested Action:
Motion to Adopt Resolution 2023-15 of the City Council of the City of Yreka Updating the City’s Capital Improvement Plan and Development Impact Fee (Rate) for Public Safety – Fire
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RESOLUTION NO. 2023-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA APPROVING THE
DEVELOPMENT IMPACT FEE REPORT FOR FIRE FACILITIES
AND UPDATING THE CITY'S CAPITAL IMPROVEMENT PLAN
AND DEVELOPMENT IMPACT FEE (RATE) FOR PUBLIC SAFETY - FIRE WHEREAS, pursuant to Article XI , Section 7 of the California Constitution and the Mitigation Fee Act (Government Code Section 66000 et seq.), the City has the authority to adopt and impose development impact fees upon development projects; and WHEREAS, the City's Impact Fee Ordinance (Chapter 11.23 of the Yreka Municipal Code) authorizes the City’s development impact fees and sets forth a uniform procedure for the rate setting, imposition, and administration of such fees; and WHEREAS, pursuant to the Impact Fee Ordinance, the City imposes development impact fees for the following Public Facilities categories: (i) fire protection facilities, (ii) police protection facilities; (iii) city administration facilities; (iv) city maintenance facilities; and WHEREAS, the City periodically reviews the rates for each of the fee categories to ensure that the fees continue to meet statutory requirements and are sufficient to fund the facilities needed to serve new development; an
WHEREAS, Capital Public Finance Group was engaged after the August 2, 2022, City Council meeting that authorized the City Manager to Sign a Contract for Financial Planning Services for a Fire Services Development Impact Fee Study with Capital Public Finance Group not to exceed $7,500; and
WHEREAS, the Development Impact Fee Study - Fire Facilities summarizes the need for fire facilities and equipment to accommodate new development within the City’s boundaries and documents a reasonable relationship between new development, the fee, and the facilities and capital equipment to be funded; and
WHEREAS, the proposed change to the City’s Fire Mitigation fee is to increase the fee from a $35 flat rate to $2.03 per building square foot fee; and WHEREAS, Gov. Code §66002(b) of the Mitigation Fee Act requires the local agency to update the Capital Improvement Program annually to show the improvements to be funded by the program; and WHEREAS, pursuant to Gov. Code §§66002(b) and 65090, the Yreka City Council noticed a public hearing regarding the updating of the City of Yreka Capital Improvement Program to be held on March 21, 2023, and all interested persons were heard; and WHEREAS, the Development Impact Fee Study - Fire Facilities has been made available to the public at least 15 days prior to the public meeting, and a Notice of Hearing was published at least ten days prior to the public hearing in a newspaper of general circulation; and WHEREAS, the City Council has reviewed the Development Impact Fee Study - Fire Facilities report.
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Yreka, California, as follows:
Section 1. Adoption and Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated herein.
Section 2. Environmental Exemption. The City Council finds that the adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to a statutory exemption for “Rates, Tolls, Fares, and Charges” pursuant to Section 15273(a)(1) of the State California 66 of 186
Environmental Quality Act (CEQA) Guidelines.
Section 3. Findings. As required by Government Code Section 66001, the City Council makes the following findings with respect to the adjusted impact fees:
(a) The purpose of the Fire Mitigation Fee approved by this Resolution is set forth in the Development Impact Fee Study - Fire Facilities Study attached to this Resolution, and on that basis the City Council finds there is a reasonable relationship between the uses to which the fees will be put and the development projects on which the fees will be imposed. (b) The Public Facilities and Apparatus to be funded by each of the fees are identified in the Development Impact Fee Study - Fire Facilities and on that basis the City Council finds there is a reasonable relationship between the need for the public facilities that will be funded by the impact fees and the types of development projects on which the fees will be imposed. (c) For the reasons set forth in the Development Impact Fee Study - Fire Facilities there is a reasonable relationship between the amount of the fee and the cost of the specified public facility attributable to the development projects on which the fees will be impose Section 4. The Development Impact Fee Study - Fire Facilities included with the March 21, 2023 City Council staff report is approved and adopted.
Section 5. Pursuant to the Yreka Municipal Code Chapter 11.23 “Municipal Utility Services, Impact and Connection Fees”, the City Council approves the new impact fees as set forth in Development Impact Fee Study - Fire Facilities for public facilities. The City Master Fee Schedule for Development Impact Fees is amended to reflect the new fee rates, which shall be administered pursuant to the Impact Fee Ordinance, this Implementing Resolution and the Impact Fee Study.
Section 6. This Implementing Resolution shall be effective at least 60 days after the date of adoption of this Implementing Resolution. Upon the effective date, this Implementing Resolution shall supersede all previous resolutions approved by the Council adopting and imposing the Fire Service Development Impact Fee
Introduced and adopted this 21st day of March 2023, by the City Council of the City of Yreka following called vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Corey Middleton, Mayor
Attest:
Rhetta Hogan, City Clerk
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DEVELOPMENT IMPACT FEE STUDY
FIRE FACILITIES
FEBRUARY 2023
Prepared by:
2436 Professional Drive, Suite 300
Roseville, CA 95661
(916) 641-2734
www.capitolpfg.com
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February 2022
TABLE OF CONTENTS
SECTION 1: EXECUTIVE SUMMARY ............................................................ 1 SECTION 2: THE MITIGATION FEE ACT ...................................................... 2 PURPOSE OF THE FEE................................................................................................ 2 USE OF THE FEE ...................................................................................................... 2 BENEFIT RELATIONSHIP............................................................................................ 3 BURDEN RELATIONSHIP ............................................................................................ 3 PROPORTIONALITY .................................................................................................. 3 OTHER REQUIREMENTS OF AB 1600 ........................................................................... 3 SECTION 3: METHODOLOGY FOR IMPACT FEE STUDY..................................... 5 FACILITY STANDARDS METHODOLOGY .......................................................................... 5 SECTION 4: PREVIOUS STUDIES/CURRENT FEES ......................................... 7 SECTION 5: CITY DEMOGRAPHIC DATA...................................................... 8 OTHER DEPARTMENT INFORMATION ............................................................................ 8 SECTION 6: EXISTING ASSETS ................................................................10 FACILITIES .......................................................................................................... 10 VEHICLES AND CAPITAL EQUIPMENT .......................................................................... 10 SECTION 7: ANTICIPATED GROWTH .........................................................11 COMMERCIAL/INDUSTRIAL DEVELOPMENT .................................................................. 11 SECTION 8: NECESSARY FACILITIES ........................................................12 EXISTING CAPITAL RESOURCES ................................................................................ 12 FIRE STATION UPGRADE AND EXPANSION COSTS ......................................................... 12 APPARATUS, VEHICLE & CAPITAL EQUIPMENT COSTS .................................................... 12 AVAILABLE REVENUE SOURCES ................................................................................. 13 TOTAL ESTIMATED COSTS........................................................................................ 13 SECTION 9: DEVELOPMENT IMPACT FEE CALCULATION .................................14 IMPACT FEE CALCULATION....................................................................................... 14 IMPOSING THE FEE ON DIFFERENT TYPES OF PROPERTY TYPES ........................................ 15 SECTION 10: ASSESSING THE FEE ...........................................................16 SECTION 11: IMPLEMENTATION..............................................................17 CITY COUNCIL APPROVAL........................................................................................ 17 CITY COUNCIL APPROVAL........................................................................................ 17 FEE ACCOUNTING .................................................................................................. 17 USE OF THE FEE .................................................................................................... 17 INFLATION ADJUSTMENT ......................................................................................... 18 REPORTING REQUIREMENTS..................................................................................... 18 69 of 186
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SECTION 1: EXECUTIVE SUMMARY
The City of Yreka’s Fire Department (the “City” or “Department”) provides fire protection, fire prevention, emergency medical to the City of Yreka in Siskiyou County.
This study is intended to update the development impact fee imposed by the City. This report summarizes an analysis of the need for fire facilities and equipment to accommodate new development within the City’s boundaries and documents a reasonable relationship between new development, the fee, and the facilities and capital equipment to be funded.
Yreka has and will continue to experience growth. Consequently, local public works are faced with the challenge of providing service to an expanding customer base with limited resources for upgrading the infrastructure necessary to accommodate such expansion. The City too faces the challenge of providing fire facilities and services to service new development within its boundaries. The impact fees collected because of new construction provides a funding source for the construction of fire facilities and purchase of vehicles and equipment necessary for this purpose.
This report updates the development impact fee based on the current values of all fire equipment and facilities necessary to protect current residents at current service levels. This fee is translated into a per square foot cost that is imposed on any new construction which may occur. Impact fees paid will allow for the City to provide the necessary facilities, vehicles, and equipment necessary to maintain current service levels.
This report supports the adoption of a development impact fee for fire facilities of $2.03 per square foot of new construction. This fee follows the Mitigation Fee Act (California Government Code Section 66000 et. seq.), and this report substantiates the findings required by the Act.
Upon the submittal of this report to the City of Yreka, it is incumbent upon the City Council, assisted by staff, to review and evaluate the report for accuracy and agreement with the conclusions presented. Once the City Council is satisfied that the legislative requirements of Government Code Section 66000 et. seq. are met and the fee adjustment recommendations are valid, the City Council shall submit a recommendation regarding the fee adjustments for enactment.
After accepting and considering public input, the City Council shall vote to approve findings and a resolution to set the appropriate fees. If accepted, the fees would be imposed pursuant to the City’s development “police powers” under Article XI, section 7, of the California Constitution.
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SECTION 2: THE MITIGATION FEE ACT
In 1987, the California Legislature adopted Assembly Bill 1600 which established a uniform process for formulating, adopting, imposing, collecting, accounting for, and protesting impact fees. In order to impose an impact fee, a local agency must go through a process to establish a reasonable relationship between a development project and the public improvement for which the development fee is charged.
The most important part of AB 1600 is the requirement for findings that connect any impact stemming from a development project to the type and amount of the fee imposed or what is commonly referred to as the “Nexus” requirement. Government Code Section 66001 states that after January 1, 1989, in any action “establishing, increasing, or imposing a fee as a condition of approval of a development project,” the local agency shall do all of the following:
1) Identify the purpose of the fee.
2) Identify how the fee is to be used. If the use is for financing public facilities, the facilities shall be identified.
3) Determine how a reasonable relationship exists between the fee's use and the type of development project on which the fee is imposed. 4) Determine how a reasonable relationship exists between the need for the public facility and the type of development project on which the fee is imposed. 5) Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.
Purpose of the Fee
The purpose of this development impact fee is to ensure that new development within the City pays its proportionate share of the capital investments to be made by the City along with its share of future capital costs, which are necessary to provide fire protection, fire suppression and other fire safety services adequate to accommodate a growing service population. The City is prudent in requiring that new development not burden existing property owners with the cost of public facilities required to accommodate growth. The City can further this objective through the imposition of development impact fees. The purpose of the development impact fee is to implement this policy by providing a funding source from new development for capital improvements to serve that development. The fee helps to ensure that the level of service is maintained as new development offsets the increased costs of providing service as growth occurs.
Use of the Fee
The development impact fee will fund new construction of fire stations, apparatus, vehicles, and capital equipment needed to serve new development. All facilities and capital equipment will be located within the boundaries of the City. As detailed in the following sections of this report, these facilities include:
land for new fire stations
fire station construction or expansion
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fire apparatus acquisition
vehicle acquisition
capital equipment acquisition
financing costs associated with the above listed capital expenditures This report provides the cost estimates for projected facility needs.
Benefit Relationship
The City will restrict fee revenues to the acquisition of land, construction/reconstruction/ expansion of buildings, and purchase of apparatus, vehicles and capital equipment, and related financing costs to serve new development. Fire facilities and capital equipment funded by the fee will further the City-wide network of services accessible to the additional residences and businesses associated with new development. Thus, there is a reasonable relationship between the use of fee revenues and the residential and non-residential types of new development that will pay the fee.
Burden Relationship
The purpose of assessing an impact fee is to provide the capital resources necessary to sustain a constant level of service for fire protection, emergency medical response, rescue and extrication, containment and mitigation of hazardous materials exposure, and other life safety services that is required of a growing service population. Based on the Department’s historical experience in responding to calls for service among the varying types of development in its boundaries, it is appropriate to assess the on fee on a uniform basis in order to share the costs on a pro rata basis among existing and new development. Thus, there is a reasonable relationship between the use of the fee and the type of development served by the capital resources funded by the fee.
Proportionality
The reasonable proportionality relationship can be established by identifying the facility costs attributable to future development, then establishing fee rates that allocate those costs in proportion to the demands created by each type of development project. The fee apportions costs between the existing population and new development in a manner proportional to their contribution of the need for that facility. Further, fees are imposed based on building size as measured by habitable and enclosed square feet of each building. Thus, larger buildings that have a greater demand for fire service and related capital facilities and equipment pay a proportionately higher fee than smaller buildings.
Other Requirements of AB 1600
In addition to the Nexus requirements, AB 1600 also outlines the accounting for future revenue received through imposition of impact fees on new construction projects. AB 1600 requires that upon receipt of a fee, the local agency deposit into a separate capital facilities account or fund, in a manner to avoid any commingling of the fees with other revenues and funds of the agency, and expend the fees solely for the purpose for which the fee was collected. Interest gained on the capital facilities accounts or funds shall be separated, accounted, and expended in the same manner.
The agency Board shall make findings once each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after the deposit 72 of 186
- 4 - February 2023
of the fee. The finding shall identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.
The agency shall refund to the current record owner(s) of the project, on a prorated basis, the unexpended or uncommitted portion of the fee, with interest, for which the required findings cannot be made. Upon certain circumstances, with appropriately noticed hearings, the legislation allows alternative actions.
The agency shall annually adopt and update, by resolution at a publicly noticed hearing, any capital improvement plan defined in this legislation.
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SECTION 3: METHODOLOGY FOR IMPACT FEE STUDY
Development impact fees are calculated to fund the capital needs that are a direct result of growth due to new development. In order to fund the improvements needed due to growth occurring within the City, it is necessary to determine what the appropriate fee should be.
There are four basic steps followed in the calculation of any development impact fee, these include:
1. Prepare growth projections;
2. Identify facility standards;
3. Determine the amount and cost of facilities required to accommodate new development based on facility standards and growth projections;
4. Calculate the public facilities fee by allocating the total cost of facilities per unit of development (on a square foot basis).
Facility Standards Methodology
One important issue in development impact fee studies is the identification of facility standards. Facility standards determine new development’s total need for new facilities and each development unit’s fair share of those needs. Standards also ensure that new development does not fund deficiencies associated with existing development.
The City will determine the size and location of fire stations, vehicles, and equipment necessary to ensure they will be sufficient to accommodate the personnel needed to serve the amount of new development anticipated. This study uses the City’s existing inventory of facilities, vehicles, and equipment combined with planned facilities needed to accommodate future development as the City’s facilities standard. The City’s existing inventory of facilities, vehicles, and equipment serve the entire City and will serve future development. Further, additional facilities, vehicles, and equipment will be needed to serve the anticipated future service population because of new development.
The City currently provides fire and emergency response services to a large response area.
Given the City’s size and protection facilities, vehicles, and equipment available at any one time, it is understandable that new construction will only exacerbate the protection challenges of the City. Given such facts, the City has determined that current service levels will be used as a benchmark and that new construction will not adversely affect these service levels.
To mitigate new construction’s impact on the City’s service capabilities, new development must be required to pay development impact fees. Assuming that the current levels of service being provided to the City’s residents are to be considered the standard, any additional construction within the City’s boundaries which requires fire or emergency response services, will pay an impact fee that is proportionate to such service. Given the existing demands placed on the City, existing stations, vehicles, and equipment should not be utilized to accommodate new construction at the expense of existing service levels. To offset the impact, the development impact fees will be used to construct or purchase new facilities, vehicles, and equipment necessary to accommodate such growth.
The City’s inventory of existing and planned fire facilities was used as part of the basis for calculating the City's facility standard. This standard is used to determine new development's fair share obligation for expanded facilities as growth occurs. The City’s existing fire protection 74 of 186
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facilities described in this Report currently serve the entire City. The facility standard utilized in this study will specifically benefit any new development that will occur within the City as it will fund the expansion of facilities at the same standard currently serving existing development.
The City has the flexibility to alter the list of necessary facilities shown in this report as conditions change. If the overall cost of facilities necessary to mitigate the anticipated residential and commercial growth is altered significantly then the City should update this fee program to incorporate those changes.
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SECTION 4: PREVIOUS STUDIES/CURRENT FEES
The City’s previous development impact fee study was prepared in October 2006. Based upon the analysis performed by the City of Yreka, the development impact fees for fire facilities was determined to be $35 per dwelling unit equivalent.
Capitol Public Finance Group, LLC was contracted by the City of Yreka to provide this updated Development Impact Fee Study. This study is intended to establish the legal and policy basis for the calculation and imposition of impact fees on all new development within the City. The study will analyze the impact of recent and future construction on the needs of the Yreka Fire Department, evaluate the existing mitigation program that was adopted in October 2006, and consider the changes that have occurred in the development community since the study was completed.
Ultimately, this study will demonstrate the need for an adjustment to the development impact fee due to the increasing amount of development within the City’s boundaries and the rapidly increasing cost of building public facilities.
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SECTION 5: CITY DEMOGRAPHIC DATA
The Yreka Fire Department serves the City of Yreka in Siskiyou County, a map of the City of Yreka’s boundaries is shown in Figure 1 below.
FIGURE 1
The Department was originally established in 1856 as the Siskiyou Hook & Ladder Company, in 1924 it was reorganized into the Yreka Fire Department and is responsible for the protection of a variety of geographical areas, ranging from residential neighborhoods, commercial and industrial buildings, rural areas, as well as a portion of Interstate 5. The City covers 10.1 square miles and serves a population of approximately 7,500 people.
Other Department Information
The Department provides a full range of services, including fire prevention, fire suppression, and emergency medical response in addition to a variety of other miscellaneous requests. The Department has a Benefit Association and a Career Fire Chief. The Benefit Association and Fire Chief are responsible for policy development; discipline, and approving equipment purchases and other expenditures. The Department is composed of 27 volunteers. 77 of 186
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The Department responded to 5,168 service calls from 2020 through 2022. Rescue and EMS calls amounted to 78% of the service calls, as shown in the Chart 1. On average the Department had approximately 1,723 service calls per year over the past three years.
CHART 1
Source: City of Yreka
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SECTION 6: EXISTING ASSETS
Facilities
The Department currently operates out of one fire station located at 401 West Miner Street, Yreka CA. The station is 13,130 square feet and was originally constructed in 1915 and renovated in 2003 and has a replacement value of $2,518,900.
Vehicles and Capital Equipment
The Department’s equipment inventory is shown in Table 1 and Table 2 shows the Department’s current apparatus and vehicles.
Table 1
Source: City of Yreka
TABLE 2
Source: City of Yreka
Description
Estimated
Value
Holmatro Cordless Rescue Tool Set $40,396
JYD Z-Struts/Stabilizers $7,726
Holmatro Corded Rescue Hydraulic Tool Set $15,000
Total $63,122
Equipment Inventory and Estimated Value
Apparatus Type Year
Replacement
Value
Ford - F250 4x4 Super Duty Supercab 2006 $23,957
Seagrave - Marauder II Aerial Quint 2008 $635,264
Ford - Brush Truck 2012 $208,550
Ford - F150 Crew Cab 2014 $30,869
Seagrave - Marauder II Pumper 2014 $589,043
Ford - F250 4x4 Rescue Truck 2018 $57,254
Pierce - Wildland Pumper 2019 $389,099
Pierce - Freightliner Water Tender 2021 $412,203
Total $2,346,239
Yreka Fire Department Apparatus and Vehicle
Inventory
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SECTION 7: ANTICIPATED GROWTH
The City of Yreka has and continues to experience growth given the relative affordability of land and homes and proximity to major urban centers. According to the City of Yreka’s Housing Element Update, the City expects to have an additional 250 residential units constructed within its boundaries over the next 7 years. To estimate the square footage of the new residential development, the average square footage of current single family residential units within the City was determined using ParcelQuest and then applied to the estimated number of residential units expected to be built, shown in Table 3.
TABLE 3
Source: City of Yreka
Commercial/Industrial Development
As residential construction continues within the boundaries of the District, an inherent demand for commercial facilities is created. Currently there is one commercial project planned for construction within the City, the Yreka Travel Center and Hotel. This project has a total square footage of 29,336.
As the demand for fire suppression and emergency response increases due to new construction, the capabilities and overall quality of protection services and personnel provided, degrades proportionally. The only plausible mitigation from the City’s perspective is the addition of facilities, equipment, and personnel to provide existing service levels to any new construction which may occur. This is accomplished through the modernization and upgrade of existing facilities, or the construction of entirely new facilities. This will serve to support timely response and maintain adequate supplies of apparatus and equipment so that the District may maintain its current service levels while accommodating any new growth.
As residential construction continues, an inherent demand for commercial facilities may also be created. As these developments may significantly affect the District’s service requirements, the District must consider these properties when planning and assessing its ability to maintain high levels of service to existing residents and as well these new properties that will be added to its service population.
Total
Estimated # of
Units
Average Current
Residential Square
Footage
Estimated
Square Footage
250 1,461 365,250
Estimated Residential Development Square
Footage
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SECTION 8: NECESSARY FACILITIES
Existing Capital Resources
As previously detailed in Section 6, and summarized in Table 4, the District has invested approximately $4,928,261 million into its capital assets.
TABLE 4
Fire Station Upgrade and Expansion Costs
In order to serve future new development within the City, one additional fire station will be needed. The location of the new fire station has yet to be determined. The City has estimated that a new fire station will cost approximately $12.5 million.
Apparatus, Vehicle & Capital Equipment Costs
As the Department’s existing fleet ages, new apparatus and equipment will need to be purchased to both meet the demands of the existing service population and offset the increased demand and meet District standards. The City has projected that it will require acquisition of the apparatus, vehicles, and equipment shown in Table 5.
TABLE 5
Source: City of Yreka
Type of Asset
Total Insured
Value
Fire Stations $2,518,900
Apparatus and Vehicles $2,346,239
Other Assets $63,122
Total $4,928,261
Capital Asset Summary
Type
Estimated
Cost
Apparatus and Vehicles
Type 6 Brush Engine $300,000
Rescue Pumper $750,000
Aerial Quint Pumper $850,000
Total Apparatus and Vehicle Estimated Costs $1,900,000
Equipment
RIMS Software $185,767
Total Equipment Estimated Costs $185,767
Total Apparatus, Vehicle and Equipment
Needs Estimated Costs $2,085,767
Apparatus, Vehicle and Equipment Needs
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Available Revenue Sources
The City intends to commit all available developer fee funds to the projects. As of November 2022, the City had approximately $1,130,229 in fees available to commit to facilities projects.
The City has also received a CDBG grant of $250,000 for a new fire station. In November 2006 the City passed Measure H approving a special property-based assessment to be used for the purchase of fire capital equipment. As of February 2023, Measure H has a balance of $1,200,399. Approximately $2.5 million is available for projects, as shown in Table 6 below.
TABLE 6
Source: City of Yreka
Total Estimated Costs
Adding together the current capital assets with the cost of improvements to the existing stations and new apparatus, results in the total estimated capital impact from new development in the City, as shown in Table 7.
TABLE 7
Source: City of Yreka
The City is currently utilizing all available Mitigation and General Fund revenues to fund existing expenditures and will not have sufficient funds to offset the cost of future capital needs.
Type of Revenue
Total Revenue
Available
Development Fee Balance $1,130,229
CDBG Grant $250,000
Measure H $1,200,399
Total Available Revenue $2,580,628
Available Revenue Sources
Type of Asset
Total Estimated
Value/Costs
Current Capital Assets $4,928,261
Future Improvement Costs $14,585,767
Total Estimated Costs $19,514,028
Less Available Revenue $2,580,628
Net Total Estimated Capital Impact $16,933,400
Combined Total Capital Assets and Future
Costs
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SECTION 9: DEVELOPMENT IMPACT FEE CALCULATION
To properly express the impact of new construction on the service quality and capabilities of the City, the City’s impact fee will be justified by taking the total value of assets of the City and dividing the value across all assessable square footage within the City boundaries.
Then, the average size of units within the City will be applied to the per unit value to determine a per square foot value.
Impact Fee Calculation
To calculate the amount of the development impact fee necessary on a per square foot basis, for all properties within the City’s boundaries, we will identify the cost to provide facilities and equipment to new construction at existing levels. To accomplish this goal, we must first identify the total number of structures within the City. Although the City covers a wide ranging service area, including open land and large forest areas, the impact fee calculated will include solely on structures with assessable square footage.
As described in Section 7, the estimated square footage of development to be constructed is 394,586. Using ParcelQuest it was determined that there is currently 8,105,478 total square footage of building space within the City. As shown in Table 8, the City expects to have approximately 8.5 million square feet of building space within its boundaries.
TABLE 8
To calculate the amount of the development impact fee necessary, on a per square foot basis, we first identify the unfunded facilities cost of $16,933,400, as stated in Section 8. We then determine the total square footage of residential, commercial, and industrial construction within the City, which is 8,500,064 square feet. Finally, we divide the total facilities cost ($16,933,400) by the total square footage of building space within the City (8,500,064 square feet).
TABLE 9
Therefore, as shown in Table 9, the City can justify a development impact fee for fire facilities of $1.99 per square foot of new construction.
Square Footage
Current Structures 8,105,478
Anticipated New Construction 394,586
Total Square Footage 8,500,064
Estimated Current and Futrue Development
by Square Footage
Total Estimated Costs $16,933,400
Future Service Square Footage 8,500,064
Cost per Square Foot $1.99
Impact Fee Calculation
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Imposing the Fee on Different Types of Property Types
The City serves non-residential parcels with the same capital equipment as residential parcels, based on the relative size of the development, with a more equipment intense response for larger buildings. For all calls that the City responds to, the Type 1 engine is the first to respond, with the exception of wildfire/vegetation calls, when the Type 3 engine is first. The type of property does not impact the apparatus or equipment that is used for response. As such, the same fee is applied to all new construction, regardless of the use of the property.
Imposing the impact fee on a per square foot basis provides for proportionate funding based on the size of the building and the resulting fire response.
As stated above, the City can justify a development impact fee for fire facilities of $1.99 per square foot of new construction. In addition to the cost of fire facilities and equipment necessary to serve new development, there is an administrative cost to the City to justify, impose and collect development impact fees. The administrative cost is estimated to be 2% of the fee. As such, approximately $0.04 is added to the fee to cover the cost of administering the fee program bringing the total fee up to $2.03 per square foot of new construction. 84 of 186
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SECTION 10: ASSESSING THE FEE
The fee is a uniform fee that will be applicable to new construction, including residential, commercial, office, and industrial building space as well as to additions to existing buildings which requires the issuance of a permit or approval from the City of Yreka.
Future large or specialized commercial/industrial development may require special considerations and should be judged on a project-by-project basis. Commercial and industrial development should be reevaluated during the routine review of impact fees for fire and hazmat response data to support the different fee structure. An in lieu mitigation agreement may be needed in order to adequately collect mitigation fees from commercial and/or industrial development with unique considerations.
Residential categories other than single-family dwellings, are differentiated by their size as the fee is assessed on a per square foot basis. These fees are recommended to include the square footage of all classes of covered structures constructed within the City. A covered structure is defined as a roof assembly, as the same is described within the Uniform Building Code.
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SECTION 11: IMPLEMENTATION
If the City Administration and Department Executive Board concurs with and chooses to increase the fee as provided for in this study, the following process should be followed for fee implementation.
City Council Approval
The City Council should adopt a resolution to adopt this fee pursuant to the City’s “police powers” under Article XI, section 7 of the California Constitution.
City Council Approval
The City Council should adopt the proposed fee schedule in compliance with California Government Code section 66016 through 66018. The City should:
30 days before the City Council approves the fee, the City must post a notice of public hearing on their website and where notices are physically posted; Send a notice of a public hearing at least 14 days prior to the hearing to any party that has submitted a written request for such a notice. Have this report and all supporting documentation available for review by the public at least 10 days prior to the hearing. Publish notice of the public hearing in a newspaper of general circulation at least 10 days prior to the scheduled hearing, with a second notice published at least 5 days after the first hearing notice. The notice should include the time and place of the meeting as well as a general explanation of the matter to be considered;
Hold the public hearing to consider adoption of the development impact fee; Adopt an implementing ordinance to establish the City’s authority to impose the proposed fee and automatically adjust the fee annually for inflation, and adopt a resolution or ordinance to set the fee;
Begin collecting the fee no sooner than 60 days following adoption of the ordinance and resolution.
Fee Accounting
The City should deposit all fee revenues into a restricted public facility fee account. Interest earned on fund balances should be credited to the fund.
Use of the Fee
The City should only use fee revenues for capital expenditures that expand the Department ability to deliver fire services to accommodate new development. Use of the fee in this manner documents a reasonable relationship between new development and the use of fee revenue.
The City may alter the scope of the capital expenditures or substitute new capital projects as long as the project continues to represent an expansion of the Department’s capabilities. If the total cost of all capital expenditures varies from the total cost used as a basis for the fee, the City should revise the fee accordingly.
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Inflation Adjustment
The City should adjust the fee annually for inflation in the cost of the capital expenditures to be funded by the fee. A construction cost index should be based on a reputable and easily identifiable source such as the Engineering News Record. Any inflationary adjustment must first be authorized in the enacting resolution or ordinance approved by the City.
Reporting Requirements
The City should comply with the annual and five-year reporting requirements of Government Code section 66000 et. seq. Annually, the City must identify the fee revenues received and for what purposes they were expended.
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CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
Prepared by: Jason Ledbetter, City Manager and
Juliana Lucchesi, AICP, Planning Director
Agenda Title: 11.a. Vacant Land Survey and Homekey Feasibility Study Meeting date: March 21, 2023
Summary:
The City of Yreka has prepared an initial survey of vacant lands within the city that would be eligible for state and federal housing grants and tax subsidies. The vacant land inventory is the first phase of supporting housing development throughout the city by identifying prime lands for development and working with private property owners to develop a viable project. The document also contains a feasibility assessment of two hotel properties that would be eligible for the Homekey Program. The Homekey Program is a state funded program that converts motel, hotel, and lodging sites into long-term housing. The City Council direct City Staff at the October 18, 2022 directed the City Manager to move forward with an assessment of potential properties in preparation of the 3rd round of grant funding in Summer of 2023. The study and survey were prepared by the City’s housing consultant, Housing Tools, Inc.
Background:
Vacant Land Inventory
The Vacant Land Inventory is the initial step to identifying properties that could support housing development. The survey utilizes the state housing 9% tax credit program as a basis for understanding the feasibility of housing projects on each site. The tax credit program is the most stringent of housing incentive programs; therefore, if a site is eligible for this program it will have a high likelihood of qualifying for the other available housing funding opportunities.
We used the following criteria for identifying and ranking the properties throughout the city:
1. Established a threshold for potential sites that included:
a. Almost entirely vacant of existing improvements;
b. At least two acres in size; and
c. Adjacent to existing development.
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2. Identified potential sites that met the threshold outlined above from the following sources:
a. 2014-2019 City of Yreka Housing Element Update, Vacant Land Inventory Section;
b. Draft 2022-2030 City of Yreka Housing Element Update, Table A-54 ByRight Sites Available for Residential Development, and Appendix C— Inventory of Sites;
c. Siskiyou County NPLH Housing Site Feasibility Study, completed in January 2020 by Housing Tools;
d. Searched internet listings on LoopNet;
e. Reviewed parcels using Google Maps, City of Yreka Land Use and Zoning maps, and the County Assessor’s Office parcel map search engine; and
f. Consulted with City of Yreka Planning Staff.
3. Researched characteristics of all potential sites, including:
a. Size;
b. Price, if listed for sale, and/or sale history and property tax assessment data;
c. General Plan Land Use Designations and zoning restrictions; d. Environmental constraints based on review of FEMA Flood Zone maps and the U.S. Fish and Wildlife Service National Wetlands Inventory; e. Availability of street, water and sewer infrastructure; f. Site characteristics based on review of Google Maps; g. Surrounding neighborhood and neighboring land uses based on review of Google Maps; and
h. Information provided by City of Yreka staff.
4. Removed sites from further consideration that met one of the following criteria:
a. Located in a Special Flood Hazard Area as identified by FEMA; or b. Where development would be significantly impacted by wetlands.
5. Visited sites and observed site characteristics, neighborhood context, and nearby amenities.
6. Consulted with the City of Yreka Planning Director about potential development sites, affordable housing development plans, land use and zoning plans, and current zoning.
7. Updated the Potential Sites List with information gathered from site visits and consultation with the City of Yreka Planning Director
8. Analyzed each site by key characteristics, including:
a. Unit capacity and projected number of units;
b. Access to infrastructure;
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c. Site characteristics (improvements, vegetation, shape, topography); d. Environmental constraints; and
e. Competitiveness for public subsidies.
9. Listed potential sites that met threshold with key metrics and characteristics, as summarized on the Appendix A Site Inventory Summary Table.
10.Scored each potential site by the criteria described on page 5 and ranked them by score, as shown in Appendix A.
Homekey Feasbility
The Homekey program is funded by the State of California Housing and Community Development (HCD) Department. The Homekey program will release its 3rd funding round in the Spring of 2023. For the 2nd round of funding awarded funds must be used to provide housing for the Target Population of individuals and families experiencing Homelessness or who are At Risk of Homelessness and who are inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic or other communicable diseases. With respect to the list of eligible uses below, an Eligible Applicant may choose to target Project Roomkey properties, or other, non-Project Roomkey properties. Some of the eligible uses for the 2nd funding round were as follows: Acquisition or Rehabilitation, or acquisition and Rehabilitation, of motels, hotels, hostels, or other sites and assets, including apartments or homes, adult residential facilities, residential care facilities for the elderly, manufactured housing, commercial properties, and other buildings with existing uses that could be converted to permanent or interim housing. Master leasing of properties for non-congregate housing. Conversion of units from nonresidential to residential. New construction of dwelling units. The purchase of affordability covenants and restrictions for units.
The city was approached by two hotel owners; Jefferson Inn and Budget Inn. The two properties were assessed for eligibility then feasibility of a successful Homekey application. It was determined that the Jefferson Inn would have a higher rate of success in the Homekey grant application process. It is recommended to move forward with the Jefferson Inn as the Homekey application site.
Property Owner Contact
Since the finalization of the vacant land survey, the City Manager sent a letter to all properties identified in the survey to gauge interest in housing development and partnership with the city. At the time of this report publication, the city has heard from five property owners interested in housing development.
Environmental Review:
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The preparation of the survey and feasibility study are statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines. Section 15262 exempts projects that involve only the study of possible future actions which do not include the approval of a legally binding action or plan. The document presented to the City Council is a study of lands that could be eligible for housing development grant and tax incentive programs.
The review of this study and information presented do not legally bind the city to any given action.
Potential housing projects will require future city consideration prior to approval.
This phase of the project would include an environmental review and appropriate environmental documentation.
Project Next Steps:
The Planning Department will continue to work on the vacant land survey to include underutilized commercial properties and to assess all properties for Senate Bill (SB) 10 zoning potential. SB 10 is an optional state program that allows for up to 10 units of housing per parcel that are zoned commercial. This is a voluntary program and will include property owner contact and consideration prior to City Council consideration. Like the steps being taken for the vacant land survey.
The City Manager will continue to meet with private property owners interested in development to create concept plans that can be evaluated for potential housing grant funds and tax incentives.
Attachments:
1. Affordable Housing Site Inventory
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City of Yreka
Affordable Housing Site Inventory
Prepared by
February 2023
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City of Yreka Affordable Housing Site Inventory TOC
Table of Contents
Introduction 1
Methodology 2
Vacant 9% Tax Credit Sites Scoring Criteria 5
Vacant 9% Tax Credit Sites Ranking 6
Motel Homekey Sites Analysis 20
Appendix A: Site Inventory Summary
Appendix B: Aerial Photos
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City of Yreka Affordable Housing Site Inventory 1
Introduction
The City of Yreka has requested that Housing Tools complete this Affordable Housing Site Inventory in order to identify opportunities for affordable housing development. The production of affordable housing is a key strategy to achieve progress in meeting housing goals identified in the City of Yreka’s Draft 2023-2031 Housing Element Update to its General Plan. In particular, Policy HE-1.1 is to “ensure that the City provides adequate sites with appropriate zoning and available public facilities and services to meet the City’s share of regional housing needs for all housing income groups during the housing element planning period.” Program HE-1.3.2 is to “complete an inventory of sites that are appropriate for residential development and mixed-use development.”
This study will analyze the development feasibility of 13 sites within the City of Yreka. These sites are placed in one of two categories, depending on how their characteristics align with funding programs. The two categories are as follows: 1) 11 vacant sites (9% Tax Credits); and 2) two motel sites (Homekey).
The 11 vacant sites were assessed for their feasibility in securing 9% Low Income Housing Tax Credit (LIHTC) equity. The 9% LIHTC program (or “9% tax credits”) is the primary vehicle for funding rent-restricted affordable housing in rural California. This is because the 9% LIHTC program has a set-aside of tax credits for projects in rural areas such as Yreka, and 9% credits generally provide at least twice as much equity as the 4% LIHTC program. The 4% LIHTC program (or “4% tax credits”) is generally more competitive and challenging for rural projects to secure an allocation, and requires additional subsidies, including State programs such as the Multifamily Housing Program (MHP). Both the 9% and 4% LIHTC programs are very competitive, and one of the key scoring factors is site proximity to amenities including public transit, schools, grocery stores, parks, libraries, medical clinics, hospitals, and pharmacies. For the 11 vacant sites assessed for 9% tax credit funding viability, properties were identified that could accommodate new construction of at least 60 units, with a mix of one-bedroom, two-bedroom, and threebedroom units. Rents were assumed to be set at levels affordable to households earning up to 30%, 50%, and 60% of Area Median Income (AMI).
Two motel sites were identified by City staff, and were assessed for their feasibility in securing State Homekey funds. The Homekey program was established to quickly provide homes for persons experiencing homelessness or at-risk of homelessness. The program was primarily set up to convert existing structures, such as hotels, motels, and commercial buildings, to permanent supportive housing. This is housing that provides complete independent living facilities for residents, with separate bathrooms and kitchens, as well as on-site supportive services such as case management, mental health support, and substance abuse treatment.
This study begins with a description of the methodology used to conduct the analysis of sites.
This is followed by a scoring criteria description, ranking rationale, and a ranked list of sites with key metrics and scores. A Site Inventory Summary Table is provided in Appendix A, and aerial photos of each site are provided in Appendix B.
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City of Yreka Affordable Housing Site Inventory 2
Methodology
Vacant 9% Tax Credit Sites
Housing Tools undertook the following process to identify and analyze potential vacant sites that could be funded by 9% tax credits.
1. Established a threshold for potential sites that included:
a. Almost entirely vacant of existing improvements;
b. At least two acres in size; and
c. Adjacent to existing development.
2. Identified potential sites that met the threshold outlined above from the following sources:
a. 2014-2019 City of Yreka Housing Element Update, Vacant Land Inventory Section; b. Draft 2022-2030 City of Yreka Housing Element Update, Table A-54 By-Right Sites Available for Residential Development, and Appendix C— Inventory of Sites; c. Siskiyou County NPLH Housing Site Feasibility Study, completed in January 2020 by Housing Tools;
d. Searched internet listings on LoopNet;
e. Reviewed parcels using Google Maps, City of Yreka Land Use and Zoning maps, and the County Assessor’s Office parcel map search engine; and f. Consulted with City of Yreka Planning Staff.
3. Researched characteristics of all potential sites, including:
a. Size;
b. Price, if listed for sale, and/or sale history and property tax assessment data; c. General Plan Land Use Designations and zoning restrictions; d. Environmental constraints based on review of FEMA Flood Zone maps and the U.S. Fish and Wildlife Service National Wetlands Inventory; e. Availability of street, water and sewer infrastructure; f. Site characteristics based on review of Google Maps; g. Surrounding neighborhood and neighboring land uses based on review of Google Maps; and
h. Information provided by City of Yreka staff.
4. Removed sites from further consideration that met one of the following criteria:
a. Located in a Special Flood Hazard Area as identified by FEMA; or b. Where development would be significantly impacted by wetlands.
5. Visited sites and observed site characteristics, neighborhood context, and nearby amenities.
6. Consulted with the City of Yreka Planner about potential development sites, affordable housing development plans, land use and zoning plans, and current zoning.
7. Updated the Potential Sites List with information gathered from site visits and consultation with the City of Yreka Planner.
8. Analyzed each site by key characteristics, including:
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City of Yreka Affordable Housing Site Inventory 3
a. Unit capacity and projected number of units;
b. Access to infrastructure;
c. Site characteristics (improvements, vegetation, shape, topography); d. Environmental constraints; and
e. Competitiveness for public subsidies.
9. Listed potential sites that met threshold with key metrics and characteristics, as summarized on the Appendix A Site Inventory Summary Table.
10. Scored each potential site by the criteria described on page () and ranked them by score, as shown in Appendix A.
For the 11 vacant sites funded by 9% tax credits, it was assumed that the sites would accommodate 40-60 family units, with 25% three-bedroom units, 25% two-bedroom units, and 50% one-bedroom units. The mix of rents was assumed to include 20% of the units rented at levels affordable to households earning up to 30% of Area Median Income (AMI), 40% of the units rented at levels affordable to households earning 30%-50% of AMI, and 40% of the units rented at levels affordable to households earning 50%-60% of AMI.
The 9% tax credit application process is administered by the California Tax Credit Allocation Committee (CTCAC). One of the key scoring criteria is proximity to site amenities. Projects are scored according to their distance from: public transit (bus stops), schools, grocery stores, parks, libraries, medical clinics or hospitals, and pharmacies.
Motel Homekey Sites
Housing Tools undertook the following process to analyze the two motel sites identified by City of Yreka staff that could be funded by the State Homekey Program.
1. Visited each site, which included: a meeting with the owner to learn about overall property characteristics, ownership history, and management issues; a tour of common areas; a tour of unit types; and a tour of the building exteriors and grounds.
2. Analyzed each site by key characteristics, including:
a. Overall site characteristics, including current zoning and size; b. Unit capacity and projected number of units;
c. Condition of units;
d. Condition of common areas;
e. Condition of building roofs and exteriors;.
f. Potential programming and use of common areas;
g. Potential for expansion of improvements on the site; h. Surrounding land uses and site compatibility; and
i. Nearby site amenities and services.
3. Compared and contrasted the two sites based on the analysis outlined above. 98 of 186
City of Yreka Affordable Housing Site Inventory 4
For the two motel sites funded by the State Homekey Program, it was assumed that the sites would primarily accommodate individuals experiencing homelessness or who are at-risk of homelessness. Resident household size was assumed to be predominantly 1-2 persons in studio or Single-Room Occupancy (SRO) arrangements. Private mini-kitchens and bathrooms would need to be included in all units. At least 10% of units would need to be fully ADA accessible. The properties will need to be upgraded to include a resident community gathering space that includes a kitchen, meeting rooms for supportive services, offices, mailboxes, and a computer lab and/or fitness room.
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City of Yreka Affordable Housing Site Inventory 5
Vacant 9% Tax Credit Sites Scoring Criteria
Each property was evaluated and scored from 1-4 (1 being worst and 4 being best) by the following criteria. The properties were then ranked by score as shown on the Sites List in Appendix A.
Development Feasibility
• How do the property’s physical characteristics (topography, vegetation, access from the street, wetlands, slope) impact the prospects for housing development? • Is the property listed for sale? If not listed, is it known if the owner is interested in selling?
• Would development require the assembly and merger of multiple parcels, and if so, do the parcels have one owner, or multiple owners?
• Would development require subdivision of a larger parcel? • Is there known or potential environmental contamination? • What are the environmental constraints to development? • Does the zoning permit multifamily housing by right, or does it require a use permit or rezone? Financial Feasibility
• How would Development Feasibility impact project cost? • Is the site eligible for public subsidies?
• Does the location allow the site to score well for competitive funding applications? • Would development on the site be financially stable over long term operations? Community Benefit
• How many affordable units could feasibly be built on the site? • How much room is on the site for on-site common spaces and supportive services? • How well does the site support a project that can sustainably provide supportive services to project residents over the course of operations?
• Does the size of the site allow for multiple project phases over time? Neighborhood Integration
• What is the site’s proximity to public transportation and services (grocery stores, parks, schools, libraries, hospitals and clinics, pharmacies)? • How walkable is the neighborhood?
• Are adjacent land uses compatible with affordable housing? • How likely is it that the development would receive neighborhood opposition? 100 of 186
City of Yreka Affordable Housing Site Inventory 6
Vacant 9% Tax Credit Sites Ranking
The Vacant 9% Tax Credit sites can be grouped into the following four tiers based on score.
Tier 1— 14 Points
The Tier 1 sites all have zoning that allows multi-family development by-right, without discretionary permits. Their locations score maximum points for the 9% tax credit Site Amenities scoring criteria. They are of adequate size and zoning to develop well over 60 units, and all of them could support phased developments over time. They do not have site characteristics or environmental constraints that would significantly impact their development potential. The Tier 1 sites are listed below:
1. Northview Estates/N. Main (APN 053-711-030)— 14 points
2. Wendy Dr. & Bruce St. (APN 061-221-320)— 14 points
3. Juniper Dr. & Montague Rd. (APN 053-642-600)— 14 points Tier 2— 13 Points
Two of the Tier 2 sites are zoned for multi-family development, and the third is zoned commercial with development of permanent supportive housing or transitional housing allowed with approval of a Conditional Use Permit. The Tier 2 sites all score maximum points for the 9% tax credit Site Amenities scoring criteria. They are of adequate size and zoning to develop at least 60 units. They do not have site characteristics or environmental constraints that would significantly impact their development potential. However, development will require easements, infrastructure extensions, subdivisions, lot splits, or merger of adjacent parcels. The Tier 2 sites are listed below:
4. Sierra Vista Way (APN 053-651-740)— 13 points
5. Northview Estates Area (APN 053-711-100)— 13 points
6. E. Center Street (APNs 053-251-080 & 053-651-310)— 13 points Tier 3— 11 Points
Tier 3 includes two sites. Both sites will require a re-zone to develop with multi-family housing.
Both sites score maximum points for the 9% tax credit Site Amenities scoring criteria. They are of adequate size and zoning to develop well over 60 units, and all of them could support phased developments over time. They do not have site characteristics or environmental constraints that would significantly impact their development potential. However, both sites are large and would require subdivisions and infrastructure extensions. The Tier 3 sites are listed below:
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City of Yreka Affordable Housing Site Inventory 7
7. Lawrence Lane (061-221-130)— 11 points
8. South Main St. (APN 062-161-270)— 11 points
9. Jackson & French St. (APN 061-121-060)— 11 points
Tier 4— 10 Points
Tier 4 includes three sites. All Tier 4 sites are zoned for residential, with two of the sites requiring a rezone from R-1 to develop multi-family housing and one site zoned for multi-family housing.
Two of the sites score maximum points for the 9% tax credit Site Amenities scoring criteria, while the third site that is zoned for multi-family housing does not score maximum points for the 9% tax credit Site Amenities scoring criteria. However, the two sites that score maximum points for 9% tax credits Site Amenities also have significant development constraints. The 318 Payne Ln. site is the smallest property analyzed, and it also includes improvements that may need to be cleared. The Meadowlark & French St. site has wetlands that limit where development can occur.
10. 318 Payne Ln. (APN 061-361-040)— 10 points
11. Meadowlark & French St. (APN 061-141-030)— 10 points
12. North Deer Creek Way (APN 053-591-560)— 10 points
A 34-acre property on the northeast side of town on Montague Road (APN 053-672-310 & 053- 672-400) at the intersection with Ager Road was also reviewed at the request of City of Yreka staff. The owner of this property is interested in developing a mix of unit types at a range of affordability levels. The assessment found that the property does not fit the 9% Tax Credit multifamily rental housing type because it is too distant from site amenities to score points. This property may be most appropriate for small-lot affordable ownership development.
A description of each property and rationale for its ranking position follows.
1. Northview Estates/N. Main (APN 053-711-030)— 14 points This property is located on North Main Street at the north end of Yreka, well located near a bus stop and a variety of services. It is 10.5 acres and is zoned with about half of the parcel designated CH (Commercial Highway) along the North Main Street frontage, and about half of the parcel zoned R-3-12 (Multifamily Residential). The property is not currently listed for sale and it was purchased in 2005 for $2.66 million. The vacant site is rectangular in shape with good access from North Main Street. Land to the north and west of the property is vacant, as it is on the north edge of town. To the south is a mix of commercial uses along North Main Street, and Yreka High School. To the east are agricultural and warehouse uses. 102 of 186
City of Yreka Affordable Housing Site Inventory 8
• Development Feasibility (4 Points)
o Pros: About five acres of the site is zoned R-3-12 (Multifamily Residential), which allows 12 units per acre. It is adequately sized and zoned to develop about 60 units. The site has good access from North Main Street. The property is serviced by water and sewer services. The site slopes slightly uphill toward the west, and has little vegetation. Sidewalk runs along North Main Street adjacent to the street.
o Cons: Access may need to be arranged from North Main Street if the portion of the site zoned CH is not developed with residential concurrently. The site is not currently listed for sale.
• Financial Feasibility (3 Points)
o Pros: The site location scores maximum site amenities points for 9% tax credits. It is adequately sized and zoned to facilitate the development of at least 60 units, which is a scale that should maximize economic efficiencies and long-term sustainability.
o Cons: The property price per projected unit may be higher than other properties due to its advantageous size, location, and site characteristics. It was purchased in 2005 for $2.66 million and appraised in 2011 for $1.4 million. The property price may present a challenge to finance, depending on how well the developer is capitalized and how much funding can be secured for the project. • Community Benefit (4 Points)
o Pros: The zoning will allow about 60 units on the site, which is the number of units projected to be built on the site. There is adequate space for management and services offices, and on-site amenities such as a community room. o Cons: None.
• Neighborhood Integration (3 points)
o Pros: The site is well located within 0.25-mile of a bus stop serviced by four bus lines, Grocery Outlet, and Yreka High School, within a 0.5-mile of Yreka Immediate Care Clinic, Ringe Park, and Newton Park, and within 1 mile of a library and pharmacy. It is not adjacent to single-family neighborhoods that may oppose the project.
o Cons: While the site is within walking distance of a number of amenities, the site is on the north end of the developed city, and is not an infill site surrounded by improvements.
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City of Yreka Affordable Housing Site Inventory 9
2. Wendy Dr. & Bruce St. (APN 061-221-320)— 14 points
This 28.3-acre property is on the southwest end of Yreka, adjacent and to the west of the Fairchild Medical Center. It is zoned with PUD and R-3-12 (Multifamily Residential). The property is owned by Fairchild Medical Center and they have had plans over the years to develop it. It is vacant, with principal access from Wendy Drive on the east border. Access on the west side would involve extension of Dogwood Drive or Meadowlark Lane. The site has little vegetation and slopes upward gradually to the west toward the foothills. It is surrounded by single-family residential on the north, the hospital on the east, small-lot residential development on the south, and vacant land on the west. The surrounding neighborhood is mostly residential, with commercial uses further to the east along Main Street.
• Development Feasibility (3 Points)
o Pros: The site is 28.3 acres and is zoned R-3-12 and PUD, which allows up to 12 units per acre. It is adequately sized and zoned to develop at least 60 units, and could be phased to develop many more units. It has access from Wendy Drive and is served by sewer and water. The site is owned by Fairchild Medical Center and is large enough to be developed with a mix of unit types, including units for hospital employees.
o Cons: The site would require extensive sidewalk, curb and gutter, and may require subdivision.
• Financial Feasibility (3 Points)
o Pros: The site location scores maximum site amenities points for 9% tax credits. It is adequately sized and zoned to facilitate the development of at least 60 units, which is a scale that should maximize economic efficiencies and long-term sustainability.
o Cons: Due to its size and location, the property price may be too high for a financially feasible affordable housing development if the parcel is not subdivided and sold. Extensive street and sidewalk infrastructure will be required. • Community Benefit (4 Points)
o Pros: The site has a capacity for 339 units based on its size and zoning designation. Its size could facilitate subdivision and phasing over time. There is adequate space for management and services offices, and on-site amenities. o Cons: None.
• Neighborhood Integration (4 points)
o Pros: The site is next door to the Fairchild Medical Center, within 0.25-mile of Evergreen Lane Elementary School, within 0.5-mile of a bus stop served by four bus lines, and within 1 mile of Jackson Street Elementary School, Siskiyou County Library, and Rite Aid.
o Cons: Adjacent single-family neighborhoods may oppose development of affordable housing in this location. However, current State laws make it illegal for jurisdictions to deny approval of affordable housing development applications proposed for parcels that are zoned multifamily.
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City of Yreka Affordable Housing Site Inventory 10
3. Juniper Dr. & Montague Rd. (APN 053-642-600)— 14 points This 5.5-acre property, zoned R-3-16, is located adjacent to Juniper Apartments, which is an affordable rental complex in Yreka. Other than Juniper Apartments, surrounding adjacent land is vacant. The property is not listed for sale. Access would be provided from Jasper Place off of Montague Road. Development would require extension of water and sewer services, and sidewalk, curb and gutter. Despite being surrounded by vacant land, the property is close to a number of services by way of Montague Road to West Yreka, including Grocery Outlet, a bus stop serviced by four bus lines, Newton Park, Ringe Park, and Yreka High School. • Development Feasibility (4 Points)
o Pros: The site is 5.5 acres and is zoned R-3-16, which allows up to 16 units per acre. It is adequately sized and zoned to develop at least 60 units. It has access from Jasper Place off of Montague Road. It is vacant and clear of vegetation, with a slight downhill slope toward the north.
o Cons: A small section on the north border of the parcel is designated as wetlands (Freshwater Emergent Wetland and Riverine Habitat). However, it doesn’t appear to significantly constrain housing construction. Development would require extension of infrastructure from Jasper Place to serve the project. It is not currently listed for sale.
• Financial Feasibility (3 Points)
o Pros: The site location scores maximum site amenities points for 9% tax credits. It is adequately sized and zoned to facilitate the development of at least 60 units, which is a scale that should maximize economic efficiencies and long-term sustainability.
o Cons: Extension of water and sewer lines, and sidewalk infrastructure required. • Community Benefit (4 Points)
o Pros: The site has a capacity for 88 units based on its size and zoning designation.
There is adequate space for management and services offices, and on-site amenities such as a community room.
o Cons: None.
• Neighborhood Integration (3 points)
o Pros: The site is within 1 mile of Grocery Outlet, a bus stop serviced by four bus lines, Newton Park, Ringe Park, Yreka High School, and Yreka Immediate Care Clinic. It is not adjacent to single-family neighborhoods that may oppose the project.
o Cons: The site is not as well integrated into the community and as pedestrianfriendly as some of the other sites analyzed. 105 of 186
City of Yreka Affordable Housing Site Inventory 11
4. Sierra Vista Way (APN 053-651-740)— 13 points
This is a 5-acre portion of a large, vacant 150-acre parcel east of Foothill Drive on the eastern edge of Yreka. It is assumed that a 5-acre portion of this parcel that is zoned R-3-12 (Multifamily Housing) would be subdivided for affordable housing development. This would be the portion closest to existing development and infrastructure on Sierra Vista Way. The property is not currently listed for sale. The site would be accessible from Sierra Vista Way and would require an extension of infrastructure to serve the parcel, including sewer, water, sidewalk, curb and gutter.
The site is bordered by apartments and the YMCA on the north, Sierra Vista Retirement Center and the Sierra Vista Way single-family subdivision on the east, and vacant land on the south and west. The site is fairly proximate to services in West Yreka via the East Miner Street underpass beneath I-5.
• Development Feasibility (3 Points)
o Pros: The site is 5 acres and is zoned R-3-12, which allows up to 12 units per acre.
It is adequately sized and zoned to develop about 60 units. It is vacant and clear of vegetation, with a slight downhill slope to the north and west. o Cons: Development would require subdivision from the larger 150-acre parcel and extension of infrastructure from Sierra Vista Way to serve the project, with limited frontage on Sierra Vista Way. It is not currently listed for sale. • Financial Feasibility (3 Points)
o Pros: The site location scores maximum site amenities points for 9% tax credits. It is adequately sized and zoned to facilitate the development of about 60 units, which is a scale that should maximize economic efficiencies and long-term sustainability.
o Cons: Extension of water and sewer lines, and sidewalk infrastructure is required.
Development may require its own water main due to low water pressure in the area.
• Community Benefit (4 Points)
o Pros: The site has a capacity for about 60 units based on its size and zoning designation. There is adequate space for management and services offices, and on-site amenities such as a community room.
o Cons: None.
• Neighborhood Integration (3 points)
o Pros: The site is within a quarter-mile of a bus stop served by three bus lines, within half-mile of a park and pharmacy, within 1 mile of a library, grocery store, and medical clinic, and within 1.5 miles of Yreka High School. o Cons: The site is adjacent to other development, but is not infill and is less pedestrian-friendly than some of the other sites.
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City of Yreka Affordable Housing Site Inventory 12
5. Northview Estates (APN 053-711-100)— 13 points
This 20.1-acre property is at the north end of Yreka, adjacent to the west of the Northview Estates Area/N. Main property analyzed in this study, and extending up into the foothills to the west. It is zoned R-3-12 for multifamily residential. The site is not currently listed for sale, but the owner has plans to develop it with a mix of residential uses, including higher density housing on the portion closest to North Main Street on the east. The site is entirely vacant and mostly vegetated with sagebrush, and slopes uphill toward the west. Street access is limited to the dead ends of Discovery Street and North View Drive at the southwest corner of the site. An easement on the adjacent APN 053-711-030 property would need to be granted to access North Main Street. The site is surrounded by vacant land except for Yreka High School and single-family residential uses on the south.
• Development Feasibility (3 Points)
o Pros: The site is 20.1 acres and is zoned R-3-12, which allows up to 12 units per acre. It is adequately sized and zoned to develop at least 60 units. It is entirely vacant and mostly vegetated with sagebrush, and slopes uphill toward the west.
The owner has plans to develop the property with residential uses. o Cons: The site has limited street access and would require extension of sewer and water utilities, and may require an easement through the Northview Estates/North Main St. property (APN 053-711-030) to provide access from North Main Street. The property will likely require subdivision to facilitate the development of an affordable housing project. It is not currently listed for sale. • Financial Feasibility (3 Points)
o Pros: The site location scores maximum site amenities points for 9% tax credits. It has capacity to develop at least 60 units, which is a scale that should maximize economic efficiencies and long-term sustainability.
o Cons: Due to its size and location, the property price may be too high for financial feasibility if the parcel is not subdivided and sold. Extensive street and sidewalk infrastructure will be required. Development may require its own water main due to low water pressure in the area.
• Community Benefit (4 Points)
o Pros: The site has a capacity for 241 units based on its size and zoning designation. Its size could facilitate subdivision and phasing over time for housing development and/or other uses. There is adequate space for management and services offices, and on-site amenities such as a community room. o Cons: None.
• Neighborhood Integration (3 Points)
o Pros: The site is next door to Yreka High School, within 0.25-mile of a bus stop served by four bus lines and Grocery Outlet, within 0.5-mile of Ringe Park and Yreka Immediate Care Clinic, and within 1 mile of Yreka Carnegie Library. o Cons: While the site is within walking distance of a number of amenities, the site is on the north end of the developed city, and is not an infill site surrounded by improvements.
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City of Yreka Affordable Housing Site Inventory 13
6. E. Center Street (APNs 053-251-080 & 053-651-310)— 13 points This site consists of two adjacent parcels that total 5.6 acres combined. They are zoned CT (Commercial Tourist), which allows Transitional Housing and Supportive Housing with a Conditional Use Permit (CUP), but not multifamily housing. The site is immediately adjacent to the east of the I-5 onramp at E. Center Street, and across the highway from West Miner Street and the central business district. The site is not currently listed for sale. The site is entirely vacant, with little vegetation, and slopes slightly uphill to the northeast. It has good frontage access along East Center Street, providing access to water and sewer infrastructure. The site is surrounded by the YMCA on the north, the St. Joseph Cemetery to the east, office and warehouse uses to the south, and the I-5 freeway to the west. • Development Feasibility (2 Points)
o Pros: The site is 5.6 acres and is zoned CT, which would require a CUP to develop with Supportive Housing or Transitional Housing, or a rezone to develop as multifamily housing. It is adequately sized to develop about 60 units if a use permit is approved. It is entirely vacant will little vegetation, and slopes slightly uphill toward the northeast.
o Cons: The site would require a discretionary CUP or a re-zone to develop with multifamily housing. It would also require a merger of two separate adjacent lots.
The site is not currently listed for sale.
• Financial Feasibility (4 Points)
o Pros: The site location scores maximum site amenities points for 9% tax credits. It has capacity to develop about 60 units, which is a scale that should maximize economic efficiencies and long-term sustainability.
o Cons: None.
• Community Benefit (4 Points)
o Pros: The site has a capacity for about 60 units if use permits are approved. There is adequate space for management and services offices, and on-site amenities such as a community room.
o Cons: None.
• Neighborhood Integration (3 Points)
o Pros: The site is within a quarter-mile of a bus stop served by three bus lines, within a half-mile of Yreka Park, Siskiyou County Library, Yreka Immediate Care Clinic, and Yreka Pharmacy, and within 1 mile of Grocery Outlet. The site is not adjacent to any single-family home neighborhoods that may oppose a project. o Cons: While the site is within walking distance of a number of amenities, the site is on the east end of the developed city, and is not integrated into an existing pedestrian-oriented neighborhood.
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City of Yreka Affordable Housing Site Inventory 14
7. Lawrence Lane (APN 061-221-130)— 11 points
The site is one 5.6-acre parcel that is zoned Residential Professional Office (RPO), which allows R2 uses, and Transitional and Supportive Housing, by-right. The site is irregularly shaped, with a 60-foot wide frontage on Lawrence Lane on the south border. A second street access to Turre Street on the north side would require creation of an easement between two single-family residential parcels. The site owner is interested in selling the parcel for the development of housing. It is mostly vacant, but is improved with a single-family home and ancillary structures, and a radio tower. The parcel abuts the backyards of single-family homes on all sides except the small frontage on Lawrence Lane.
• Development Feasibility (2 Points)
o Pros: The site is 5.6 acres and is zoned RPO, which allows R-2 uses, and Transitional and Supportive Housing, by-right. To meet R-2 use requirements, the site could be developed with single-story fourplexes at up to 13 units per acre. It is adequately sized to develop about 40 units with this building type and internal auto and pedestrian circulation. It is mostly vacant and flat with little vegetation.
The site owner is interested in selling the parcel for housing development. o Cons: Multifamily development is limited to R-2 allowable uses and density. The site is irregularly shaped with limited street frontage on only one side. A new easement would need to be created to provide access from an additional site of the parcel. Development will require demolition of a single-family home and accessory structures and a radio tower.
• Financial Feasibility (3 Points)
o Pros: The site location scores maximum site amenities points for 9% tax credits. It has capacity to develop about 40 units, which is a feasible scale, but not as efficient as 50-60 units to maximize economic efficiencies and long-term sustainability.
o Cons: None.
• Community Benefit (3 Points)
o Pros: The site has a capacity for about 40 units with single-story fourplexes. There is adequate space for management and services offices, and on-site amenities such as a community room.
o Cons: Site capacity is more limited than other sites that have capacity for 60 or more units.
• Neighborhood Integration (3 Points)
o Pros: The site is within a quarter-mile of a bus stop served by four bus lines, within a half-mile of Evergreen Elementary School, Fairchild Medical Center, Shasta Avenue Park, Rite Aid and Yreka Pharmacy, and within 1 mile of Siskiyou County Library and Grocery Outlet. The site is well-integrated into an existing neighborhood that is walkable.
o Cons: The site abuts the backyards of single-family homes on all sides, which may generate opposition to its development.
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City of Yreka Affordable Housing Site Inventory 15
8. South Main Street (APN 062-161-270)— 11 points
This 46.2-acre site is located on the south end of town, across the street from Raley’s and the Walmart Supercenter. A 4.6-acre portion of the site on the northeast corner is already improved with commercial uses, leaving about 41.6 acres that are vacant. It is zoned M-1 (Light Industrial).
The owner of the site is interested in developing a range of housing types, including affordable housing. It is mostly vacant, with commercial development in the northeast corner of the parcel along South Main Street. The site is mostly flat with a slight uphill slope on the west end toward the foothills, and has some larger trees on the southern end. Broad street frontage is available from South Main Street, and there is also access from Moonlit Oaks Avenue on the north. The site is surrounded by commercial development on the north and east, and vacant land on the south and west sides.
• Development Feasibility (2 Points)
o Pros: The site includes 41.6 acres of vacant land and is zoned M-1. It is adequately sized to develop at least 60 units, and could be phased to develop many more units, provided a re-zone to Multifamily Residential is approved. It has good access from South Main Street, and is served by sewer and water. The owner is interested in developing housing on the site.
o Cons: Multifamily development would require a discretionary rezone approval.
The site would require extensive sidewalk, curb and gutter, and subdivision of the parcel.
• Financial Feasibility (2 Points)
o Pros: The site location scores maximum site amenities points for 9% tax credits if the project commits to providing high-speed internet service to tenant households. It is adequately sized and zoned to facilitate the development of at least 60 units, which is a scale that should maximize economic efficiencies and long-term sustainability.
o Cons: Due to its size and location, the property price may be too high for a financially feasible affordable housing development, especially if the parcel is not subdivided and sold. Extensive street and sidewalk infrastructure will be required. • Community Benefit (4 Points)
o Pros: With approval of rezone to R-3-12, the site has capacity for 499 units. Its size could facilitate subdivision and phasing over time for housing development and/or other uses. There is adequate space for management and services offices, and on-site amenities such as a community room.
o Cons: None.
• Neighborhood Integration (3 points)
o Pros: The site is across the street from Raley’s grocery store and the Walmart Supercenter, which also includes a pharmacy and a bus stop served by five bus lines. It is within one mile of the Fairchild Medical Center. o Cons: The site is not in an infill location that is integrated into an existing residential neighborhood, and it is not a pedestrian-friendly area. However, it would be located near some of the City’s largest employers. 110 of 186
City of Yreka Affordable Housing Site Inventory 16
9. Jackson & French St. (APN 061-121-060)— 11 points
This 14.5-acre property is on the west side of Yreka in a residential neighborhood. It is zoned R-1 (Single-Family Residential). The site is not currently listed for sale. It is vacant with little vegetation except some small trees on the northwest corner of the parcel. The site slopes downhill slightly to the south toward French Street. Broad street frontage is available from Jackson Street on the north and from French Street on the south, which also provides access to water and sewer infrastructure. It is surrounded by single-family residential on the north and east sides, and a mix of vacant land and large-lot residential on the south and west sides. • Development Feasibility (2 Points)
o Pros: The site is 14.5 acres and is zoned R-1. It is adequately sized to develop at least 60 units, and could be phased to develop many more units, provided a rezone to Multifamily Residential is approved. It has good access from Jackson and French Streets, and is served by sewer and water.
o Cons: Multifamily development would require a discretionary rezone approval.
The site would require extensive sidewalk, curb and gutter, and may require subdivision. It is not currently listed for sale.
• Financial Feasibility (2 Points)
o Pros: The site location scores maximum site amenities points for 9% tax credits. It is adequately sized and zoned to facilitate the development of at least 60 units, which is a scale that should maximize economic efficiencies and long-term sustainability.
o Cons: Due to its size and location, the property price may be too high for a financially feasible affordable housing development if the parcel is not subdivided and sold. Extensive street and sidewalk infrastructure will be required.
Development will probably require its own water main due to low water pressure in the area.
• Community Benefit (4 Points)
o Pros: The site has a capacity for 86 units based on its size and current zoning designation. With approval of rezone to R-3-12, the site has capacity for 174 units. Its size could facilitate subdivision and phasing over time for housing development and/or other uses. There is adequate space for management and services offices, and on-site amenities such as a community room. o Cons: None.
• Neighborhood Integration (3 points)
o Pros: The site is within a half-mile of Yreka Park, Siskiyou County Library, Fairchild Medical Center, and Rite Aid pharmacy, and within 1 mile of Grocery Outlet. It is integrated within an existing residential neighborhood. o Cons: Adjacent single-family neighborhoods may oppose development of affordable housing in this location.
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10. 318 Payne Ln. (APN 061-361-040)— 10 points
This site is located in south Yreka at Payne Lane, near the intersection with South Oregon Street.
It is 2.6 acres and zoned R-1 (Single-Family Residential). Development of multifamily housing would require a re-zone approval. The property is generally rectangular, with street access from Payne Lane, which has sidewalk, curb and gutter, as well as water and sewer infrastructure. The site is vacant with exception of a house near the Payne Lane frontage. It is flat with little vegetation. It was sold for $225,000 in April 2021 and is not currently listed for sale. The site is surrounded by multifamily development on the north, warehouse and trucking uses on the east and south, and Yreka Adventist Christian School on the west. The surrounding uses are a mix of multifamily residential, schools, industrial, and commercial uses. • Development Feasibility (2 Points)
o Pros: The site has good access from Payne Lane that has sidewalk, curb and gutter, and is serviced by water and sewer. The site is vacant and flat with little vegetation.
o Cons: The site is zoned R-1, which would require discretionary approval to re-zone for development of multifamily housing. A portion of the site is improved, which may require demolition as the site is on the smaller side for multifamily use. • Financial Feasibility (2 Points)
o Pros: The site location scores maximum site amenities points for 9% tax credits. o Cons: The site size and current zoning allows for a maximum of 15 units, which would not be adequate size to support a financially feasible new construction project in most cases.
• Community Benefit (2 Points)
o Pros: May support a small multifamily development with a rezone to R-3-12. o Cons: The site size and current zoning would allow a maximum of just 15 units, which would be much less than the other sites reviewed. • Neighborhood Integration (4 points)
o Pros: The site is well located within 0.25-mile of the transit center serviced by four bus lines and Fairchild Medical Center, and within a 1 mile of Evergreen Elementary School, Jackson Street Elementary School, Siskiyou County Library, and Rite Aid. The surrounding neighborhood is pedestrian-friendly. o Cons: None.
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11. Meadowlark & French St. (APN 061-141-030)— 10 points This 17.7-acre property is on the west side of Yreka in a residential neighborhood, adjacent and to the south of the Jackson & French St. site reviewed above (APN 061-121-060). It is zoned R-1 (Single-Family Residential). The site is not currently listed for sale. It is vacant and flat. Two wetland creeks run through the parcel, which are riverine and freshwater emergent wetlands.
The parcel is irregularly shaped, with most of the street frontage on French Street on the north and Shasta Avenue on the east, and a narrow extension with frontage on Evergreen Lane to the south. Adjacent streets provide access to water and sewer infrastructure. It is surrounded by vacant land on the north, schools on the east, single-family residential on the south, and vacant and single-family residential land on the west.
• Development Feasibility (1 Point)
o Pros: The site is 17.7 acres and is zoned R-1. It is adequately sized to develop at least 60 units, and could be phased to develop more units, provided a re-zone to Multifamily Residential is approved. It has good access from French Street and Shasta Avenue, and is served by sewer and water infrastructure. o Cons: Multifamily development would require a discretionary rezone approval.
The existing wetlands on the site present a significant impediment to development. The wetlands break up developable land on an irregularly shaped parcel. The site would require extensive sidewalk, curb and gutter, and may require subdivision. It is not currently listed for sale. • Financial Feasibility (2 Points)
o Pros: The site location scores maximum site amenities points for 9% tax credits. It is adequately sized and zoned to facilitate the development of at least 60 units, which is a scale that should maximize economic efficiencies and long-term sustainability.
o Cons: Due to its size and location, the property price may be too high for a financially feasible affordable housing development if the parcel is not subdivided and sold. Extensive street and sidewalk infrastructure will be required. • Community Benefit (4 Points)
o Pros: The site has a capacity for 106 units based on its size and current zoning designation. With approval of rezone to R-3-12, the site may have capacity for more units, although the existence of wetlands on the site and its irregular shape limit capacity. There is adequate space for management and services offices, and on-site amenities such as a community room.
o Cons: Capacity is limited by wetlands and irregular parcel shape. • Neighborhood Integration (3 points)
o Pros: The site is within a half-mile of a bus stop served by four bus lines, Yreka Park, Siskiyou County Library, Fairchild Medical Center, and Rite Aid pharmacy, and within 1 mile of Grocery Outlet. It is integrated within an existing residential neighborhood.
o Cons: Adjacent single-family neighborhoods may oppose development of affordable housing in this location.
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12. North Deer Creek Way (APN 053-591-560)— 10 points
This 44.8-acre property is at the north end of Yreka, bordered by the I-5 highway on the east and Deer Creek Way on the west. It is zoned R-3-12 for multifamily residential. The site is not currently listed for sale. The site is entirely vacant and generally flat, and vegetated with some trees in places along north side and in the southeast corner. Street access is provided from Deer Creek Way, which is currently partially improved. The site is surrounded by vacant land on the north and west, the I-5 highway on the east, and multifamily and single-family residential on the south.
• Development Feasibility (2 Points)
o Pros: The site is 44.8 acres and is zoned R-3-12, which allows up to 12 units per acre. It is adequately sized and zoned to develop at least 60 units. It is entirely vacant and generally flat.
o Cons: The site would require significant extension of sewer and water utilities.
The property will likely require subdivision to facilitate the development of an affordable housing project. It is not currently listed for sale. • Financial Feasibility (1 Point)
o Pros: The site has capacity to develop at least 60 units, which is a scale that should maximize economic efficiencies and long-term sustainability. o Cons: The site location does not score maximum points for 9% tax credits in the site amenities category. Due to its size and location, the property price may be too high for a financially feasible affordable housing development if the parcel is not subdivided and sold. Extensive street and sidewalk infrastructure will be required.
• Community Benefit (4 Points)
o Pros: The site has a capacity for 537 units based on its size and zoning designation. Its size could facilitate subdivision and phasing over time for housing development and/or other uses. There is adequate space for management and services offices, and on-site amenities such as a community room. o Cons: None.
• Neighborhood Integration (3 Points)
o Pros: The site is within 1 mile of Grocery Outlet, Ringe Park, and Yreka Immediate Care, and within 1.5 miles of Yreka Pharmacy.
o Cons: The site is not located near services or other residential neighborhoods, and it is not in a pedestrian-friendly area.
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Motel Homekey Sites Analysis
Jefferson Inn
Summary Description
Address: 1235 S. Main Street
Property Size: 2.0 acres
Zoning: Commercial Highway (CH), which allows Supportive and Transitional housing with Conditional Use Permit
Surrounding Land Uses: Commercial uses to the north and east; mobile home park to the south; duplexes to the west
Number and Type of Rooms: 44 rooms (100 Building- 17 smaller rooms with showers, including 2 ADA rooms; 200 Building- 27 larger rooms with 2-3 beds and tub/showers, car ports in front of rooms)
Common Areas: office, manager’s unit, laundry/maintenance room, guest laundry room, restaurant (2,480 sf)
Site Amenities: 60 parking spaces, pool and hot tub (not currently functional), 0.38- acre (16,553 sf) of unimproved space behind the 100 Building
Mechanical Systems: Each building has central water boilers. Units have electric wall heater/cooling units.
Ownership
The current owner purchased the property about three years ago.
Site Description
The property is improved with two single-story motel style buildings, with parking spaces in front of room doors. The 100 Building is older with 17 smaller rooms, and includes the management office and the manager’s unit. Rooms 111-115 have larger rooms and kitchens. There is a walled off pool area with a gazebo and storage shed that is about 1,740 square feet in size, adjacent to the office and manager’s unit at the street frontage in the southeast corner of the property. The 200 Building is newer with 27 larger rooms, and includes the laundry/maintenance room, guest laundry room, and restaurant. The restaurant is about 2,480 square feet in size and is not currently occupied. It is located at the street frontage in the northeast corner of the property.
There is additional parking and a landscaped island between the two buildings. Behind the 100 Building, in the southwest corner of the property is a little over one-third acre of vacant land.
Exterior Condition
The two motel buildings are brick cinderblock construction and in generally good condition. The roofs are also in generally good condition. The building exteriors have recently been repainted. 115 of 186
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Condition of Units
Unit doors are in good condition with new locks. Windows are newer and in good condition. The floors are newer laminate and are generally in good condition. Ceilings are generally in good condition. Units interiors have painted brick walls and most units have been recently repainted.
All fixtures in the bathrooms will need to be replaced, including, showers, tubs, sinks, and toilets, as well as bathroom tiling on walls. All lighting fixtures will need to be replaced. Kitchens in units that include them will need to be completely refurbished, including new fixtures, countertops, cabinets, and appliances.
Condition of Common Areas
The office is in good condition, but may need some updating. The manager’s unit is generally in good condition in terms of flooring, walls, ceilings, and windows, but may need replacement of some fixtures and appliances. The laundry and storage rooms are in average condition.
Potential Homekey Use
The existing 44 rooms could potentially be converted to about 42 single-room occupancy (SRO) units, figuring loss of a couple rooms to make three additional rooms fully ADA accessible.
Kitchenettes would need to be added to rooms that don’t currently have them. There is potential to add new units by using the underutilized parking lot and/or the unimproved space behind the 100 Building. It is estimated that about 10 new SRO units could be built on the site in a single-story building, or 20 new SRO units in a two-story building. The pool area could be converted to a common landscaped patio, and parts of the over-sized parking lot could also be converted to landscaped outdoor areas for picnic tables and BBQ grills. The restaurant space could be converted to a community building with meeting space, services offices, and kitchen.
Budget Inn
Summary Description
Address: 306 N. Main Street
Property Size: 2.75 acres
Zoning: Commercial Highway (CH), which allows Supportive and Transitional housing with Conditional Use Permit
Surrounding Land Uses: Mobile home park to the north; I-5 highway to the east; Commercial uses to the south and west
Number and Type of Rooms: 22 rooms
Common Areas: office; manager’s unit with two bedrooms, kitchen and living room; common kitchen; laundry/maintenance room
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Site Amenities: 25 parking spaces; 2,000 sf commercial building adjacent to the south of the motel with six off-street parking spaces; 1,500 sf house with separate garage and two off-street parking spaces adjacent to the south of the commercial building; and 0.87- acre (40,507 sf) of unimproved space behind the motel, commercial building, and house Mechanical Systems: The motel building has a central water boiler. Units have electric wall heater/cooling units.
Ownership
The current owner purchased the property about three years ago.
Site Description
The property is improved with one single-story motel style building with 22 rooms, with parking spaces in front of room doors. Two of the rooms have kitchenettes, and the rest of the rooms do not have kitchens. None of the rooms are fully ADA accessible. The building also includes an office, common kitchen, and laundry/maintenance room. The property also includes a 2,000 square-foot single-story commercial building, and a 1,500 square-foot single-story single-family home with detached garage, on separate lots to the south of the motel. Behind the motel, commercial building, and house is about 0.87-acre of unimproved space.
Exterior Condition
The motel building is brick cinderblock construction and in generally good condition. The roof is in poor condition and needs to be replaced. The building exterior has recently been repainted.
Condition of Units
The units without kitchen have a very small space for a kitchenette. Unit doors are in good condition. Windows are newer and in good condition. The floors are newer laminate and are generally in good condition. Ceilings are generally in good condition. Units interiors have painted brick walls and most units have been recently repainted. All fixtures in the bathrooms will need to be replaced, including, showers, tubs, sinks, and toilets, as well as bathroom tiling on walls. All lighting fixtures will need to be replaced. Kitchens in units that include them will need to be completely refurbished, including new fixtures, countertops, cabinets, and appliances.
Condition of Common Areas
The office is in good condition, but may need some updating. The manager’s unit is generally in good condition in terms of flooring, walls, ceilings, and windows, but may need replacement of some fixtures and appliances. The laundry and storage rooms are in average condition.
Potential Homekey Use
The existing 22 rooms could potentially be converted to about 20 single-room occupancy (SRO) units, figuring loss of a couple rooms to make three rooms fully ADA accessible. Kitchenettes would need to be added to rooms that don’t currently have them. There is potential to add new 117 of 186
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units by using the unimproved space behind the motel, commercial building, and house. It is estimated that about 20 new SRO units could be built on the site in a single-story building, or 40 new SRO units in a two-story building. The house could potentially be converted to a community building with community room, kitchen, and services offices.
Comparison of Motel Homekey Sites
Scale
The Jefferson Inn has about twice as many rooms as the Budget Inn, and more space for common areas and programming.
Condition of Buildings and Units
The Jefferson Inn and Budget Inn buildings are similar in terms of design, construction materials, and interior condition. However, the Jefferson Inn building roofs are in much better condition than the Budget Inn building roof.
Potential for Conversion of Rooms to SRO Units
The Jefferson Inn rooms are slightly larger than the Budget Inn rooms, allowing more room for incorporating kitchenettes.
Common Areas and Amenities
The Jefferson Inn has a wider variety of common areas and amenities, and more common area space, than the Budget Inn. The restaurant space at the Jefferson Inn is ideally configured to be converted to a community space for residents.
Potential for Expansion
The Budget Inn has more space for expansion than the Jefferson Inn. However, the Jefferson Inn has more flexibility in use of its large parking lot that is currently underutilized.
Conclusions
The Jefferson Inn is superior to the Budget Inn in terms of viability as a Homekey project. The Jefferson Inn buildings are in better condition, they house twice as many rooms as the Budget Inn, and the rooms are larger to facilitate conversion to SROs. In addition, the Jefferson Inn has more common areas and site amenities that are advantageous for programming in a Homekeyfunded permanent housing site. These common areas can be used for supportive services and community building activities.
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City of Yreka Affordable Housing Site Inventory Appendix A Appendix A
Site Inventory Summary
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Site Inventory Summary
City of Yreka Affordable Housing Site Inventory
Appendix A
Rank Address APN Size (Acres)
General Plan
Designation Zoning
Max.
Density per
Zoning
(Units/Acre
Max. Units
per Zoning
Projected
Units
Development
Feasibility
Financial
Feasibility
Community
Benefit
Neighborhood
Integration Total
1 Northview Estates/N. Main 053-711-030 10.5 GC R-3-12/CH 12 63.0 60 4 3 4 3 14 2 Wendy Dr. & Bruce St. 061-221-320 28.3 HDR PUD/R-3-12 12 339.6 60 3 3 4 4 14 3 Juniper Dr. & Montague Rd. 053-642-600 5.5 HDR R-3-16 16 88.5 60 4 3 4 3 14 4 Sierra Vista Way 053-651-740 5.0 HDR R-3-12 12 60.0 60 3 3 4 3 13 5 Northview Estates 053-711-100 20.1 HDR R-3-12 12 241.2 60 3 3 4 3 13 6 E. Center Street 053-251-080,
053-651-310
5.6 GC CT 60 2 4 4 3 13
7 Lawrence Lane 061-221-130 5.6 MDR RPO 13 72.8 40 2 3 3 3 11 8 South Main Street 062-161-270 46.2 I M-1 60 2 2 4 3 11 9 Jackson & French St. 061-121-060 14.5 LDR R-1 6 86.7 60 2 2 4 3 11 10 318 Payne Ln. 061-361-040 2.6 LDR R-1 6 15.6 15 2 2 2 4 10 11 Meadowlark & French St. 061-141-030 17.7 LDR R-1 6 106.2 60 1 2 4 3 10 12 North Deer Creek Way 053-591-560 44.8 HDR R-3-12 12 537.6 60 2 1 4 3 10 120 of 186
City of Yreka Affordable Housing Site Inventory Appendix B Appendix B
Aerial Photos
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City of Yreka Affordable Housing Site Inventory Appendix B Northview Estates/N. Main (APN 053-711-030)
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City of Yreka Affordable Housing Site Inventory Appendix B Wendy Dr. & Bruce St. (APN 061-221-320)
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City of Yreka Affordable Housing Site Inventory Appendix B Juniper Dr. & Montague Rd. (APN 053-642-600)
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City of Yreka Affordable Housing Site Inventory Appendix B Sierra Vista Way (APN 053-651-740)
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City of Yreka Affordable Housing Site Inventory Appendix B Northview Estates (APN 053-711-100)
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City of Yreka Affordable Housing Site Inventory Appendix B E. Center Street (APNs 053-251-080 & 053-651-310)
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City of Yreka Affordable Housing Site Inventory Appendix B Lawrence Lane (APN 061-221-130)
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City of Yreka Affordable Housing Site Inventory Appendix B South Main Street (APN 062-161-270)
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City of Yreka Affordable Housing Site Inventory Appendix B Jackson & French St. (APN 061-121-060)
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City of Yreka Affordable Housing Site Inventory Appendix B 318 Payne Ln. (APN 061-361-040)
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City of Yreka Affordable Housing Site Inventory Appendix B Meadowlark & French St. (APN 061-141-030)
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City of Yreka Affordable Housing Site Inventory Appendix B North Deer Creek Way (APN 053-591-560)
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City of Yreka Affordable Housing Site Inventory Appendix B Jefferson Inn
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City of Yreka Affordable Housing Site Inventory Appendix B Budget Inn
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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: Motion to Approve the Proclamation Recognizing April 2023: The Siskiyou Child Abuse Prevention Council Collaborative
Proclamation.
Meeting Date: March 7, 2023
Discussion:
The First 5 Siskiyou Children and Families Commission would like to have the City of Yreka adopt a proclamation to take a stance against Child Abuse Prevention. Part of a national campaign, April is Child Abuse Prevention Month and Week of the Young Child falls on April 15-21.
Michelee O’Gorman, Executive Director, Siskiyou Community Resource Collaborative, (including:
Yreka Community Resource Center, Hub Communities Family Resource Center, Dunsmuir Community Resource Center, Mt. Shasta Community Resource Center, Scott Valley Family Resource Center, McCloud Community Resource Center and the Family & Community Resource Center of Weed) will be here to present.
Fiscal Impact:
None
Recommended Action:
Motion to Approve the Proclamation Recognizing April 2023: The Siskiyou Child Abuse Prevention Council Collaborative Proclamation
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April 2023: The Siskiyou Child Abuse Prevention Council Collaborative Proclamation
Whereas, children are vital to Siskiyou County’s prosperity and future success; Whereas, child abuse, rape, sexual assault and sexual harassment impact our society; Whereas, all children deserve to live in safe, stable and nurturing homes and communities to become healthy adults;
Whereas, child abuse, neglect and sexual assault prevention is a community responsibility affecting both the current and future generations;
Whereas, research has shown the enormous impact that positive parenting practices can have on a child’s social, emotional, and intellectual development and future success:
Whereas, communities that understand the importance of prevention and support for the well-being of citizens, thrive and prosper;
Whereas, effective child abuse and sexual assault prevention succeed because of partnerships among citizens and all sectors of the county;
Whereas, April is the month to focus public attention on the needs of young children, and prevention of sexual assault;
Whereas, with leadership, dedication, and encouragement, there is evidence that we can be successful in preventing child abuse and sexual violence in Siskiyou County; Therefore, we hereby proclaim April as Child Abuse Prevention and Sexual Assault Awareness Month– as well as April 15th–21st, 2023 as Week of the Young Child. We call upon all citizens, community agencies, faith groups, medical facilities, elected leaders and businesses to increase their participation in efforts to support families, thereby preventing child abuse and strengthening families in the communities in which we live. _________________________________ ______________
Corey R. Middleton Date
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: Rhetta Hogan, Assistant City Manager
Agenda Title: Resolution 2023-16 of the City Council of the City of Yreka Authorizing State of California Local Jurisdiction Cannabis Retail Access Grant Program Funding.
Meeting Date: March 21, 2023
Discussion:
The State of California, Department of Cannabis Control (DCC) is offering grant funds to assist cities and counties for the development and implementation of a local cannabis retailer licensing program.
The DCC recognizes that by supporting local governments in establishing cannabis retail licensing programs, this grant also seeks to reduce the size of the illicit market and establish sufficient cannabis retail stores statewide to meet existing consumer demand.
The grant application is due by April 28, 2023, and applications are being accepted as of March 10, 2023. Funds are allocated on a first come first serve basis. Grant award announcements are due June 30, 2023 and the City must expend funds by June 30, 2026.
The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) establishes a dual (state and local) regulatory structure for the cannabis businesses. And as of February 1, 2023, 327 cities and counties (61%) in California do not allow establishment of any cannabis retailers, whether storefront or non-storefront (delivery), within their jurisdiction. This grant program aims to provide consumers with reliable access to regulated, tested cannabis in the legal market, and reduce demand in the illicit market.
Grant funds are available only to eligible local jurisdictions (city, county, or city and county) located in California. A local jurisdiction is eligible if, as of February 14, 2023, it:
• Does not have a local cannabis retailer licensing program, and • Has a plan to develop and implement a program to issue permits to cannabis retail businesses that establish within its jurisdiction.
The City would be eligible to apply for $100,000 and could be eligible for an additional $15,000 should the application include an equity inclusion licensing component.
Eligible costs include, but are not limited, to the following:
• Salaries and benefits for local government staff directly involved in the development or implementation of the cannabis retailer licensing program. • Expenses to develop or implement application processes for cannabis retailer licenses, including software costs.
• Expenses to conduct stakeholder outreach or community engagement to inform the development of the cannabis retailer licensing program. • Local government staff costs or other professional preparation of CEQA-compliant environmental documents for cannabis retailers.
• Technical support for applicants and licensees.
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2 • Other uses that further the intent of the program, as determined by DCC.
Additional grant funding provided in either Phase I or II for adoption of an equity program or issuance of an equity license must be used for the benefit of the cannabis equity program or cannabis equity businesses. Eligible uses for equity bonus funding include:
• Fee waivers, tax relief, or similar direct-financial assistance for equity applicants and licensees • Development of infrastructure to support and/or prioritize equity applicants in the permitting process
• Technical assistance for equity applicants or licensees, including, but not limited to:
o State or local license application assistance
o Assistance with regulatory compliance
• Other uses that support the success of equity applicants or licensees, as determined by DCC Fiscal Impact:
Staff time to prepare the application. Grant funds would cover the administrative and legal cost of implementing a plan focused on the City’s local needs, prior to a statewide allowing storefront distribution center (delivery).
The Medicinal Cannabis Patients' Right of Access Act, which, on and after January 1, 2024, prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, provides that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law. To the extent this bill would impose additional duties on local jurisdictions, the bill would impose a state-mandated local program.
Senate bill 1186 signed into law in by Governor Newson in Sept. 2022. https://www.gov.ca.gov/2022/09/18/governor-newsom-signs-legislation-to-strengthen-californiascannabis-laws/ Recommended Action:
Motion to Adopt Resolution 2023-16 of the City Council of the City of Yreka Authorizing State of California Local Jurisdiction Cannabis Retail Access Grant Program Funding.
Attachments:
Grant Guidelines
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RESOLUTION NO. 2023-16
RESOLUTION OF CITY COUNCIL OF THE CITY OF YREKA
AUTHORIZING STATE OF CALIFORNIA LOCAL JURISDICTION CANNABIS RETAIL ACCESS GRANT PROGRAM FUNDING.
The City Council of the City of Yreka finds:
WHEREAS, the California Legislature has appropriated funds for award by the California Department of Cannabis Control to eligible local jurisdictions to develop and implement a cannabis retailer licensing program;
WHEREAS, City Council of the City of Yreka has a plan to develop and implement a program to issue permits to commercial cannabis retail businesses; WHEREAS, City Council of the City of Yreka has determined that it will use grant funds from the Department of Cannabis Control to establish a local cannabis retailer licensing program as described in its application for grant funds.
NOW, THEREFORE, BE IT RESOLVED that the City Manager of the City of Yreka is authorized to execute by electronic signature on behalf of City Council of the City of Yreka the grant agreement with the Department of Cannabis Control, including any extensions or amendments thereof and any subsequent grant agreement with Department of Cannabis Control in relation thereto.
BE IT FURTHER RESOLVED that the City Council of the City of Yreka agrees to abide by the terms and conditions of the Grant Agreement as set forth by the Department of Cannabis Control.
Passed, approved, and adopted by the City Council of the City of Yreka in a meeting thereof held on March 21, 2023 by the following:
VOTE
Ayes:
Nays:
Absent:
Signature: ____________________________________ Date: ___________ Corey Middleton, Mayor, City of Yreka
ATTEST
Signature: ____________________________________ Date: ___________ Shella Rhetta Hogan, City Clerk, City of Yreka
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Cannabis Local Jurisdiction Retail Access
Grant Program
Grant Guidelines
February 2023
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2 Cannabis Local Jurisdiction Retail Access Grant
Grant Guidelines – February 2023
Contents
I. Grant Overview ........................................................................................................................... 4 Funding Opportunity ...................................................................................................................................... 4 Timeline ................................................................................................................................................................ 5 Questions and Answers Process ................................................................................................................ 5 II. Grant Program Requirements ............................................................................................... 6 Eligible Applicants ............................................................................................................................................ 6 A note on cities and counties ................................................................................................................. 6 Examples of eligible local jurisdictions ............................................................................................... 6 Examples of ineligible local jurisdictions ........................................................................................... 7 Funding Rounds ................................................................................................................................................ 7 Phase I ............................................................................................................................................................. 7 Phase II ........................................................................................................................................................... 8 Example Fund Disbursement ................................................................................................................. 8 Eligible and Ineligible Uses of Funds ....................................................................................................... 9 Eligible Uses and Costs ............................................................................................................................. 9 Ineligible Uses and Costs ......................................................................................................................... 9 III. Application Process ............................................................................................................. 10 Application Requirements .......................................................................................................................... 10 Application Cover Sheet ......................................................................................................................... 10 Attachment A – Permitting Plan .......................................................................................................... 10 Attachment B – Budget Plan ................................................................................................................ 10 Application Submission Process .............................................................................................................. 10 Technical Assistance Available .................................................................................................................. 11 IV. Selection Process .................................................................................................................... 12 Application Review ........................................................................................................................................ 12 Application Processing Order ............................................................................................................... 12 Priority Funding............................................................................................................................................... 12 Priority Review Points: Equity Licensing Opportunities ............................................................. 13 Priority Review Points: Consumption Exceeding Retail Share ................................................ 13 Priority Review Points: Existing Business Licensing Pathways and CEQA Exemptions14 Notification of Grant Award ...................................................................................................................... 14 142 of 186
3 Cannabis Local Jurisdiction Retail Access Grant
Grant Guidelines – February 2023
V. Grant Implementation ........................................................................................................... 15 Grant Agreement ........................................................................................................................................... 15 Requirements Prior To Execution of Grant Agreement ............................................................. 15 Completion of Grant Agreement ........................................................................................................ 15 Fund Disbursement ....................................................................................................................................... 16 Phase I Fund Disbursement .................................................................................................................. 16 Phase II Fund Disbursement ................................................................................................................ 16 Disbursement of Remaining Funds .................................................................................................... 16 Recapture of Funds .................................................................................................................................. 16 Expenditure Deadline ................................................................................................................................... 17 Reporting Requirements ............................................................................................................................. 17 Annual Progress Report .......................................................................................................................... 17 Closeout Report ......................................................................................................................................... 17 Grant Amendments ....................................................................................................................................... 18 Accounting, Records and Audits .............................................................................................................. 18 Remedies of Non-Performance ............................................................................................................... 18 VI. Appendices ............................................................................................................................... 19 Appendix A: Definitions ............................................................................................................................... 19 Appendix B: List of jurisdictions in which consumption of cannabis and cannabis products exceeds the county’s proportional share of legal cannabis retailers ................... 20 Limitations of Data Sources ................................................................................................................. 23 Appendix C: Grant Agreement – Standard Terms and Conditions............................................24 Appendix D: Sample Resolution ............................................................................................................... 32 143 of 186
4 Cannabis Local Jurisdiction Retail Access Grant
Grant Guidelines – February 2023
I. Grant Overview
The Department of Cannabis Control (DCC) announces the availability of $20 million in grant funding for the Cannabis Local Jurisdiction Retail Access Grant. This program provides funding to local governments to support the development and implementation of a local cannabis retailer licensing program.
Available funding: $20 million total, distributed in two phases Question submission deadline: February 24, 2023
Application deadline: April 28, 2023, 5 p.m.
Eligible applicants: Local jurisdictions (city, county, or city and county) that:
• Do not currently have a cannabis retail licensing program • Have a plan to develop and implement a cannabis retail licensing program The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) establishes a dual regulatory structure for cannabis businesses: A person who wishes to engage in commercial cannabis activity is subject to regulation at both the state and local levels.
As of February 1, 2023, 327 cities and counties (61%) in California do not allow establishment of any cannabis retailers, whether storefront or non-storefront (delivery), within their jurisdiction.
This grant program aims to provide consumers with reliable access to regulated, tested cannabis in the legal market, and reduce demand in the illicit market. By supporting local governments in establishing cannabis retail licensing programs, this grant also seeks to reduce the size of the illicit market and establish sufficient cannabis retail stores statewide to meet existing consumer demand.
The grant program is authorized by the Budget Act of 2022, Item 1115-102-0001, found in Assembly Bill 178 (Ting, 2022).
Funding Opportunity
This grant program will provide $20 million in funding, distributed in two phases:
• Phase I: Funding to develop and implement a local cannabis retailer licensing program (up to $10 million total funding; awarded by June 20, 2023) • Phase II: Funding awarded based on the number of cannabis retail permits issued (at least $10 million total funding, maximum $2 million per jurisdiction; awarded on or after June 30, 2023)
Grant program funds are available for expenditure until June 30, 2026. 144 of 186
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Grant Guidelines – February 2023
Timeline
Event Date*
Grant Guidelines and Application Instructions
Published
February 14, 2023
Questions and Answers Period Opens February 14, 2023
Questions and Answers Period Due Date
• Questions about the grant program must be
submitted by 5 p.m. on this date.
• Questions must be submitted by email to
[email protected].
February 24, 2023
Questions and Answers Posted
• DCC will post answers to questions submitted during
the Questions and Answers Period.
March 10, 2023
Phase I Application Submission Period Opens
• Applications will be accepted beginning at 8:00 a.m.
on this date.
March 10, 2023
Phase I Last Day to Submit Applications
• Grant applicants must submit applications by 5 p.m.
on this date.
• Technical assistance will be available until 4:00 p.m. on this date.
April 28, 2023
Phase I Grant Award Notification Early June 2023
Phase II Funding Becomes Available for Award June 30, 2023 Last Day for Grant Funding Expenditures June 30, 2026
*Dates are tentative and subject to change.
Questions and Answers Process
Questions regarding the grant program requirements and application will be accepted from February 14, 2023, until February 24, 2023, at 5 p.m. Questions must be emailed to [email protected].
Answers to questions received by the deadline will be published on DCC’s Local Jurisdiction Retail Access Grant Program webpage on March 10, 2023. DCC may group similar or related questions together or reword questions for clarity. The posted Questions and Answers are subject to updates. It is the inquirer’s responsibility to check the webpage for the latest information; individual responses will not be sent. 145 of 186
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Grant Guidelines – February 2023
II. Grant Program Requirements
Eligible Applicants
Grant funds are available only to eligible local jurisdictions (city, county, or city and county) located in California. A local jurisdiction is eligible if, as of February 14, 2023, it:
• Does not have a local cannabis retailer licensing program • Has a plan to develop and implement a program to issue permits to cannabis retail businesses that establish within its jurisdiction
Jurisdictions that have already begun development of a cannabis retailer licensing program may be eligible if it:
• Has not yet begun accepting permit applications for cannabis retailers • Has not yet published permit application forms
• Has not yet permitted any cannabis retailers within their jurisdiction A note on cities and counties
For purposes of cannabis regulation in California, cities and counties are regarded as separate local jurisdictions (except for San Francisco, which is both a city and county). A county is the local authority for businesses within the unincorporated areas of the county.
An incorporated city is the local authority for businesses within its boundaries.
A county is eligible for the grant program if it meets the criteria for eligibility described above, even if there are incorporated cities within that county that already permit cannabis retailers. Conversely, an incorporated city is eligible for the grant program if it meets the eligibility criteria above, even if it is located within a county that already permits cannabis retailers.
Examples of eligible local jurisdictions
• A local jurisdiction that currently prohibits all commercial cannabis activity but has a plan to develop and implement a program to issue permits to commercial cannabis retail businesses within its jurisdiction.
• A local jurisdiction that has passed a law to allow retail cannabis businesses but has not yet begun accepting permit application forms.
• A county that currently prohibits the establishment of cannabis retailers within the unincorporated area of the county, even if incorporated cities within that county already permit cannabis retailers.
• A city that currently prohibits the establishment of cannabis retailers within its boundaries, even if that city is located within a county that already permits cannabis retailers.
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Grant Guidelines – February 2023
Examples of ineligible local jurisdictions
• A local jurisdiction that already has a program to permit cannabis retail businesses and has begun accepting applications or has already issued retail licenses. • A local jurisdiction that prohibits cannabis activity and has no plan to develop and implement a program to issue permits to retail businesses within their jurisdiction. • A local jurisdiction that allows cannabis activity and has already issued retail licenses.
• A local jurisdiction that only plans to permit cannabis retailers to deliver from an outside jurisdiction and does not intend to allow the establishment of cannabis retailers within the jurisdiction
Funding Rounds
This grant program will provide $20 million in funding, distributed in two phases:
• Phase I provides funding to support local jurisdictions in the development and implementation of a local cannabis retailer licensing program. Up to $10 million in total funding is available, and awards will be announced by June 20, 2023. • Phase II awards additional funding after the local jurisdiction issues cannabis retailer permits. At least $10 million in total funding is available; awards will be made for each cannabis retailer permit issued, beginning on or after June 30, 2023.
Phase I
During Phase I, an eligible local jurisdiction may receive initial funding to support its development and implementation of a local cannabis retailer licensing program.
Available Funding: Up to $10 million in total funding is available for Phase I. An eligible jurisdiction may receive funding up to the maximum amounts listed in Table A, based on the local jurisdiction’s population as determined by the California Department of Finance’s 2022 Population Estimates for Cities, Counties, and the State1 .
Additional funding will be awarded to local jurisdictions that include a proposal to issue retail licenses to qualified local equity businesses. This funding will be paid with the second disbursement, after the jurisdiction has established a program with explicit provisions to issue licenses to qualified equity retail businesses.
Funding Disbursement: Phase I funding will be disbursed in two payments:
• 1st Payment: The first disbursement of funds will comprise 80% of the initial award and will be distributed upon execution of the Grant Agreement. 1 State of California, Department of Finance, E-1 Population Estimates for Cities, Counties and the State with Annual Percent Change — January 1, 2021 and 2022, Sacramento, California, May 2022.
Note: County populations will be determined by counting only the population in the unincorporated areas of the county, denoted on the spreadsheet as “Balance of County,” under each respective county name.
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• 2nd Payment: The second disbursement of funds will comprise the remaining 20% of the initial award and will be distributed after the jurisdiction has established the cannabis retail licensing program.
Table A: Maximum Funding Amounts During Phase I
Population 1st Payment
(80%)
2nd Payment
(20%)
Total Phase I
Funding
Phase I
Equity Bonus
0-14,999 $80,000 $20,000 $100,000 $15,000
15,000-29,999 $100,000 $25,000 $125,000 $30,000
30,000-44,999 $120,000 $30,000 $150,000 $45,000
45,000-59,999 $140,000 $35,000 $175,000 $60,000
60,000-74,999 $160,000 $40,000 $200,000 $75,000
75,000-89,999 $180,000 $45,000 $225,000 $90,000
90,000-104,999 $200,000 $50,000 $250,000 $105,000
105,000-119,999 $220,000 $55,000 $275,000 $120,000
120,000-134,999 $240,000 $60,000 $300,000 $135,000
135,000+ $260,000 $65,000 $325,000 $150,000
Phase II
Local jurisdictions that received funding during Phase I are eligible to receive additional awards during Phase II, after the local jurisdiction has begun issuing licenses to cannabis retailers.
Available Funding: At least $10 million will be available for disbursement in Phase II.
Local jurisdictions that received funding during Phase I are eligible to receive an additional $75,000 in grant funds for each cannabis retailer license issued, or $150,000 for each equity cannabis retailer license issued. A maximum of $2 million per jurisdiction can be awarded in Phase II.
Example Fund Disbursement
An eligible local jurisdiction with a population of 80,000 could be granted $225,000 in Phase I (disbursed in two payments of $180,000 and $45,000) and may receive an additional $90,000 in equity bonus funding if they establish a program to issue cannabis retailer licenses to equity applicants.
If this jurisdiction issued four retailer licenses and one equity retailer license, they would be eligible to receive $450,000 ($75,000 per license and $150,000 per equity license) in Phase II.
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Eligible and Ineligible Uses of Funds
Eligible Uses and Costs
Local jurisdictions must use funding to support the development and implementation of a cannabis licensing program, or for programs or initiatives that directly support cannabis equity businesses.
Eligible costs include, but are not limited, to the following:
• Salaries and benefits for local government staff directly involved in the development or implementation of the cannabis retailer licensing program • Expenses to develop or implement application processes for cannabis retailer licenses, including software costs
• Expenses to conduct stakeholder outreach or community engagement to inform the development of the cannabis retailer licensing program • Local government staff costs or other professional preparation of CEQA-compliant environmental documents for cannabis retailers
• Technical support for applicants and licensees
• Other uses that further the intent of the program, as determined by DCC Additional grant funding provided in either Phase I or II for adoption of an equity program or issuance of an equity license must be used for the benefit of the cannabis equity program or cannabis equity businesses. Eligible uses for equity bonus funding include:
• Fee waivers, tax relief, or similar direct-financial assistance for equity applicants and licensees
• Development of infrastructure to support and/or prioritize equity applicants in the permitting process
• Technical assistance for equity applicants or licensees, including, but not limited to:
o State or local license application assistance
o Assistance with regulatory compliance
• Other uses that support the success of equity applicants or licensees, as determined by DCC
Ineligible Uses and Costs
The following activities, products or costs are ineligible uses under the grant program and will not be allowed:
• Local government costs or initiatives unrelated to the development or implementation of the cannabis retailer licensing program • Costs or fees related to litigation
• Payment of fines or other penalties incurred for violations of environmental laws and regulations, or related to unlicensed commercial cannabis activity • Costs incurred outside of the grant funding expenditure period • Acquisitions where the purchase price is greater than the appraised value • Other prohibited uses, as determined by DCC
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Grant Guidelines – February 2023
III. Application Process
Application Requirements
Grant applicants must submit a complete application to DCC, which includes:
• Application Cover Sheet (DCC-2625)
• Attachment A – Permitting Plan (DCC-2626)
• Attachment B – Budget Plan (DCC-2627)
Application Cover Sheet
The Application Cover Sheet (DCC-2625) describes basic information about the local jurisdiction, including the applicant information, grant funds requested, the jurisdiction’s current program status, and any adopted local cannabis laws.
Attachment A – Permitting Plan
The Permitting Plan (DCC-2626) describes the jurisdiction’s plan to establish a cannabis retailer licensing program. The plan must include timelines for program adoption, which will be used to assess whether the jurisdiction has made measurable progress toward permitting cannabis retail businesses, as required by the Budget Act of 2022. The permitting plan also describes the jurisdiction’s eligibility for priority review.
Jurisdictions applying for funding in connection with proposals to assist equity applicants must also complete the Equity Program Plan section of the form, which describes the local government’s plan to adopt a program that prioritizes and/or facilitates the issuance of licenses to qualified equity businesses. In establishing this program, the jurisdiction may adopt the state’s definition of “qualified equity applicant or licensee” (CCR Title 4, §15014.1(a)).
If selected for a grant award, Attachment A will be incorporated into the Grant Agreement as the Scope of Work.
Attachment B – Budget Plan
The Budget Plan (DCC-2627) estimates how Phase I funding will be used to support the creation of the local cannabis retailer licensing program and issuance of retail licenses.
All grant program expenditures must be for activities, products, and costs that have been included in an approved Application proposal and Budget. Approved expenditures must only be incurred after the local jurisdiction enters into a Grant Agreement (see Section V).
No expenses can be incurred after June 30, 2026.
Application Submission Process
Applications must be submitted to [email protected] by 5 p.m. on April 28, 2023.
Applicants must use the form templates provided by DCC. 150 of 186
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Applicants may modify their application by withdrawing their application and resubmitting a new application. The withdrawal request must be submitted by the applicant and emailed to [email protected]. The new application must be received before the application deadline (5 p.m. on April 28, 2023) to be considered.
The grant applicant is responsible for all costs associated with developing the application or incurred in anticipation of award or the agreement. Grant applicants should carefully review their documents for errors and adherence to the application requirements. DCC is not responsible for any errors or defects in the submitted application, and applicants should not rely on DCC during the review process to discover and report to the applicant any such defects or errors.
Technical Assistance Available
Resources are available to assist local jurisdictions with understanding the grant program requirements and application process:
• Visit the Local Jurisdiction Retail Access Grant Program webpage for additional information about this grant program, including answers to questions submitted during the Q&A period.
• Contact the DCC Office of Grants Management at [email protected] with any questions.
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IV. Selection Process
Application Review
Grant applications will be screened for eligibility and completeness. Applications will be disqualified if they are:
• Submitted by an ineligible applicant
• Incomplete
• Received after the application deadline
DCC may request clarification regarding the submitted application, as needed, during the review process. Applicants will be notified if they do not meet the eligibility requirements and will be provided five business days to respond before a final determination of disqualification is made.
Application Processing Order
Eligible applications will be processed in the order that they are received, beginning with those that receive the highest number of priority review points and ending with those receiving no priority points (as described below), until funding is exhausted. Applications with six priority review points will be processed first, followed by applications with five priority review points, then four, and so on. Applications with no priority review points will be processed last.
If a Grant applicant withdraws their application to make modifications and submits a new application, the date the new application is received by DCC will be used in determining the processing order.
Priority Funding
This grant program prioritizes funding to local jurisdictions that propose to assist cannabis equity businesses, address gaps in consumer access to safe and regulated cannabis, or plan to permit cannabis retailers through existing business permitting processes. To accomplish this, eligible applications will be awarded priority review points, as follows:
• Two (2) priority review points will be awarded to local jurisdictions whose proposed retail program contains provisions to assist equity applicants. • Two (2) priority review points will be awarded to local jurisdictions in which consumption of cannabis and cannabis products in the county exceeds that county’s proportional share of legal cannabis retailers. • One (1) priority review point will be awarded to local jurisdictions whose proposed retail program will license cannabis retail businesses through the local jurisdiction’s existing non-cannabis-business license process.
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• One (1) priority review point will be awarded to local jurisdictions whose proposed retail program will license cannabis retail business projects only that are eligible for a categorical exemption under the California Environmental Quality Act (CEQA).
Priority Review Points: Equity Licensing Opportunities
DCC is committed to providing equity to communities harmed by past cannabis criminalization through local pathways to licensure and business success. Local jurisdictions that submit a plan to incorporate equity into their permitting process will be eligible for two (2) priority review points.
Additional funding will be awarded in both phases of this grant program for local governments that adopt equity programs and issue cannabis retailer licenses to equity businesses.
Priority Review Points: Consumption Exceeding Retail Share This grant program aims to provide consumers with better access to regulated, tested cannabis and reducing the need for consumers to turn to the illicit market. To achieve this aim, priority review points will be allocated for areas of the state in which the proportion of licensed cannabis retail outlets is low compared to its share of consumer consumption, or in which no legal retailers are established (as shown in Appendix B).
Two (2) priority review points will be allocated to the following counties or cities located within the counties, where grant-eligible:
• Amador County
• Butte County
• Contra Costa County
• Fresno County
• Glenn County
• Kern County
• Lassen County
• Madera County
• Orange County
• Placer County
• San Benito County
• San Diego County
• San Joaquin County
• San Mateo County
• Santa Clara County
• Sutter County
• Tehama County
• Yuba County
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Priority Review Points: Existing Business Licensing Pathways and CEQA Exemptions
The experience of local jurisdictions that have proactively regulated cannabis has shown that:
• Establishing cannabis-specific licensing programs can be resource and time intensive
• Utilizing existing permitting and review pathways can simplify cannabis permitting processes
To support local jurisdictions in expeditiously developing cannabis retailer licensing programs, one (1) priority review point will be awarded to jurisdictions that propose to license cannabis businesses through existing business permitting process already in existence for non-cannabis businesses.
Additionally, one (1) priority review point will be awarded to jurisdictions whose proposed retail program will license cannabis retail business projects only that are eligible for categorical exemption under the California Environmental Quality Act (CEQA).
Notification of Grant Award
DCC will announce grant awards in early June 2023. Successful applicants will receive a Grant Award Notification and must enter into a Grant Agreement to receive funds. 154 of 186
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V. Grant Implementation
Grant Agreement
Grant recipients must enter into a Grant Agreement which specifies terms and conditions relevant to the receipt and use of grant funding. The following items will be incorporated by reference into the Grant Agreement:
• The content of this solicitation and related terms and conditions (see Appendix C:
Grant Agreement – Standard Terms and Conditions)
• The grant recipient’s submitted application materials, including any clarifications provided during the review process, which will comprise the Scope of Work Both DCC and the selected applicant must sign the Grant Agreement to execute it. An executed Grant Agreement must be in place before funding will be disbursed or expenditures may begin.
The term of the grant agreement will be July 1, 2023, to June 30, 2026.
Requirements Prior To Execution of Grant Agreement
Prior to the execution of the Grant Agreement, the local jurisdiction will be required to submit a resolution of its governing body (i.e., the county board of supervisors or city council) that commits the entity to:
• Comply with the requirements of the Grant Agreement
• Accept grant funds from DCC
The resolution may be written so as to allow for grant amendments without governing body approval. A sample resolution is included in Appendix D.
As an alternative to submitting a resolution of its governing body, the local jurisdiction may instead show that the governing body has previously authorized another decisionmaker within the local jurisdiction to make these commitments on behalf of the local jurisdiction. In this circumstance, the local jurisdiction must submit evidence of this authorization (for example, a local ordinance delegating authority to the relevant decisionmaker within the local jurisdiction), as well as a commitment from the relevant decisionmaker on behalf of the local jurisdiction.
Completion of Grant Agreement
Signed Grant Agreements, Payee Data Form (STD. 204), and approved governing board resolutions or authorizations must be returned to DCC no later than October 1, 2023. If these are not returned by the deadline, DCC, in its sole discretion, may withdraw the award and redirect funds to another eligible applicant, as needed. 155 of 186
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Fund Disbursement
Phase I Fund Disbursement
DCC will distribute the first Phase I funds directly to a local jurisdiction after the award process is completed and the local jurisdiction has entered into the Grant Agreement.
Payments will be made through the State Controller’s Office.
Phase I funding will be disbursed in two payments:
• 1st Payment: 80% of the initial award, distributed upon execution of the Grant Agreement
• 2nd Payment: The remaining 20% of the initial award (including equity bonus funding, if eligible) distributed after the jurisdiction has established the cannabis retail licensing program
The grant recipient must notify DCC of its eligibility to receive the second payment by submitting the Payment Request Form (DCC-2630) and an updated budget expenditures report to [email protected], no later than October 31, 2025. If the second payment includes equity bonus funding, the jurisdiction must include an updated Budget Form detailing how the equity bonus funds will be spent.
Phase II Fund Disbursement
Jurisdictions may request Phase II funding disbursements after the issuance of a cannabis retailer permit. To request Phase II funding, the jurisdiction must submit the Payment Request Form (DCC-2630).
A local jurisdiction may not receive Phase II funding for the issuance of a retailer license until the locally-licensed business has submitted a complete state license application. A local jurisdiction may not be awarded more than $2,000,000 for retailer licenses issued in Phase II.
After DCC verifies eligibility for the Phase II payment, the funding will be scheduled for disbursement. Approved Phase II funding awards will be processed for payment in September and April of each year of the grant program. Phase II funding will be awarded until the funds are depleted. Payments will be made through the State Controller’s Office.
Disbursement of Remaining Funds
Grant program funds not originally distributed, and funds recaptured by DCC, may be distributed to any eligible local jurisdiction, as determined by DCC.
Recapture of Funds
Any remaining amounts of funding allocated to local jurisdictions that are not expended by June 30, 2026, pursuant to each local jurisdiction’s approved application by the Department of Cannabis Control, shall revert to, and be paid and deposited in, the General Fund.
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Expenditure Deadline
Awarded grant funds must be expended by June 30, 2026. All eligible expenses incurred by the recipient must be within the grant term of July 1, 2023, to June 30, 2026. Any funds that are not expended as of July 1, 2026, are returned to the Department of Cannabis Control, and shall revert back to the state’s General Fund.
Reporting Requirements
Annual Progress Report
The Grantee must provide an Annual Progress Report on December 1 for each year of grant expenditures. The Annual Progress Report:
• Describes grant program expenditures and activities occurring during the calendar year, and
• Must demonstrate that the grant program funds were expended for eligible uses and consistent with the activities identified in the Grant Agreement.
The progress report must be submitted using the Annual Progress Report (DCC-2628) template provided by DCC.
The Annual Progress Report must be submitted for any year in which grant program funds were expended, even if no funds remain by the submission due date. DCC may request additional updates during the grant term as needed to assess the validity of expenditures or progress towards milestones outlined in the Grant Agreement.
Table B: Annual Progress Report Submission Dates
Reporting Timeframe Annual Report Deadline
July 1 – December 31, 2023 December 1, 2023
January 1 – December 31, 2024 December 1, 2024
January 1 – December 31, 2025 December 1, 2025
January 1 – June 30, 2026 December 1, 2026
Closeout Report
If the Grantee receives funding in Phase I but does not establish a local cannabis retailer licensing program by October 31, 2025, the Grantee must complete and submit a Closeout Report (DCC-2629).
The Closeout Report must include the following information:
• The status of cannabis retail within the jurisdiction • A detailed description of the reason(s) the local jurisdiction did not establish a cannabis retailer licensing program
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The Closeout Report must be submitted with the final Annual Progress Report form. The Grantee must provide a closeout report to DCC whether the grant term has expired or not, or the Grantee has expended the grant program funds before the end of the grant term.
Grantees that fail to establish a local cannabis retailer licensing program by October 31, 2025, must return any unused Phase I funds to DCC in a timely manner and will not be eligible for Phase II funds.
Grant Amendments
Requests to amend the Grant Agreement must be submitted by the Grantee in writing to [email protected] using the Grant Amendment Form (DCC-2607). Requests must include revised grant agreement exhibits and an explanation of reason for the requested change.
Accounting, Records and Audits
The Grantee must maintain records of receipts and expenditures of grant funds for a minimum of seven (7) years after the grant term end date, or final payment of any grant funds, whichever is later. Records are subject to audit by DCC, the California State Auditor, the California Department of Finance or relevant state auditing authorities.
Remedies of Non-Performance
DCC may recapture funds that have been disbursed to the Grantee in any of the following circumstances:
• Funds are not expended by the deadline established by DCC • Funds are used for an ineligible purpose
• The use of funds does not align with the application materials submitted to DCC and incorporated into the Grant Agreement
• The Grantee fails to demonstrate progress toward establishing a cannabis retail licensing program, as measured by the plan and timeframes outlined in the application materials submitted to DCC and incorporated into the Grant Agreement.
• The Grantee is not in compliance with Item 1115-102-0001 of Section 2.00 of the Budget Act of 2022 or DCC’s Grant Guidelines.
Grantees must notify DCC of any grant funds that have not been expended by the deadlines outlined in the Grant Agreement by emailing [email protected]. DCC will reissue funds to other eligible applicants, where possible. 158 of 186
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VI. Appendices
Appendix A: Definitions
The following terms used in this document are defined below, unless the context clearly indicates otherwise:
a) “Eligible local jurisdiction” means a city or county that does not have a local cannabis retailer licensing program and that has a plan to develop and implement a program to issue permits to commercial cannabis retail businesses within the jurisdiction of the city or county.
b) “Equity licensee” means a person who has applied for and been issued a license pursuant to a local cannabis retailer program and meets the definition of a local equity applicant or licensee established by that jurisdiction or the definition established by the Department of Cannabis Control for the fee waiver program described in Section 26249 of the Business and Professions Code. c) “Grant applicant” refers to either the local jurisdiction applying for funding under the grant program, or to a person authorized by the local jurisdiction to complete an application on behalf of the local jurisdiction (this is usually the primary contact listed on the application, but could also be the secondary contact, signature authority, consultant, or other authorized person).
d) “Grantee” means a local jurisdiction that is the recipient of funds pursuant to the grant program.
e) “Local equity applicant” means an applicant who has submitted, or will submit, an application to a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that jurisdiction and who meets the requirements of that jurisdiction’s local equity program.
f) “Local cannabis retailer licensing program” means a local jurisdiction’s program to permit a person or entity to establish a commercial cannabis retail business within the jurisdictional boundaries of that jurisdiction.
g) “Local jurisdiction” means a city, county, or city and county. 159 of 186
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Appendix B: List of jurisdictions in which consumption of cannabis and cannabis products exceeds the county’s proportional share of legal cannabis retailers The data below is an analysis to estimate cannabis consumption in California. This data reflects data from the Substance Abuse and Mental Health Services Administration’s (SAMHSA) National Survey on Drug Use and Health (NSDUH), population data from the United States Census Bureau and estimated cannabis use rates per capita.
The NSDUH reports past month usage (regular consumers) and past year usage (casual consumers) of cannabis. Consistent with previous state estimates, this analysis assumes regular consumers consume an average of 21 grams of cannabis flower or equivalent cannabis product per month; it assumes casual consumers consume an average of 3.5 grams per month. These values are conservative and may be higher than actual figures.
Based on this analysis, the average total consumption of cannabis and cannabis products per licensed cannabis retailer is approximately 2,359 pounds. The counties in orange and with an asterisk by their name are:
• Those in which consumption amount per licensed retailer is higher than the average, or • Those in which no legal retailers exist and consumption is higher than the average.
In these counties, the number of licensed cannabis retailers are low compared to its share of consumer consumption, indicating that consumers in these areas would benefit from expanded access to licensed retail cannabis.
County # of Licensed
Cannabis Retailers
Located in the
County (As of
January 1, 2023)
Total Consumption
of Cannabis and
Cannabis Products
(in lbs.)
Total Consumption
Share (%)
Total Consumption
(lbs.) / Retailer
Alameda 215 142,982 5.32% 665
Alpine 0 90 0.00% N/A
Amador* 1 2,904 0.11% 2,904
Butte* 0 24,837 0.92% N/A
Calaveras 5 3,216 0.12% 643
Colusa 2 2,267 0.08% 1,134
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Contra Costa* 22 89,164 3.31% 4,053
Del Norte 6 3,100 0.12% 517
El Dorado 11 13,625 0.51% 1,239
Fresno* 17 58,003 2.16% 3,412
Glenn* 0 2,992 0.11% N/A
Humboldt 47 15,851 0.59% 337
Imperial 16 10,516 0.39% 657
Inyo 3 932 0.03% 311
Kern* 13 40,445 1.50% 3,111
Kings 5 6,957 0.26% 1,391
Lake 7 7,621 0.28% 1,089
Lassen* 1 3,940 0.15% 3,940
Los Angeles 496 753,199 28.00% 1,519
Madera* 0 8,384 0.31% N/A
Marin 9 17,235 0.64% 1,915
Mariposa 0 1,062 0.04% N/A
Mendocino 30 10,295 0.38% 343
Merced 10 14,570 0.54% 1,457
Modoc 1 1,004 0.04% 1,004
Mono 5 910 0.03% 182
Monterey 28 37,802 1.41% 1,350
Napa 7 9,063 0.34% 1,295
Nevada 5 7,551 0.28% 1,510
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Orange* 52 152,161 5.66% 2,926
Placer* 1 27,775 1.03% 27,775
Plumas 0 2,320 0.09% N/A
Riverside 169 147,892 5.50% 875
Sacramento 119 113,671 4.23% 955
San Benito* 1 5,477 0.20% 5,477
San Bernardino 54 116,278 4.32% 2,153
San Diego* 75 227,633 8.46% 3,035
San Francisco 86 91,680 3.41% 1,066
San Joaquin* 19 48,021 1.79% 2,527
San Luis Obispo 24 27,174 1.01% 1,132
San Mateo* 18 58,359 2.17% 3,242
Santa Barbara 35 26,269 0.98% 751
Santa Clara* 18 102,502 3.81% 5,695
Santa Cruz 24 25,724 0.96% 1,072
Shasta 10 20,364 0.76% 2,036
Sierra 0 373 0.01% N/A
Siskiyou 8 5,033 0.19% 629
Solano 24 28,810 1.07% 1,200
Sonoma 40 32,485 1.21% 812
Stanislaus 29 29,689 1.10% 1,024
Sutter* 0 6,549 0.24% N/A
Tehama* 1 7,098 0.26% 7,098
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Trinity 2 1,895 0.07% 948
Tulare 16 20,510 0.76% 1,282
Tuolumne 2 3,919 0.15% 1,960
Ventura 32 49,339 1.83% 1,542
Yolo 7 15,300 0.57% 2,186
Yuba* 2 5,191 0.19% 2,596
Limitations of Data Sources
The NSDUH data underlying this analysis has limitations common to survey research, including the potential for sample biases and weighting errors. The data are based on self-reports of cannabis use, and their value depends on respondents’ truthfulness and memory. While NSDUH procedures were designed to address such concerns, some underreporting or overreporting may take place. Learn more about the strengths and limitations of NSDUH data.
SAMHSA provides state and substate regional data from the NSDUH. In some cases, these substate regions contain multiple counties. Adult population data from the United States Census Bureau was used to extrapolate cannabis consumption levels by county from the broader regional data. Additionally, some regionalized data is not available due to data collection challenges during the COVID-19 pandemic. Where that is the case, the estimates in this analysis represent projected levels of cannabis consumption using historical averages and trends combined with the most recent available NSDUH data.
Despite these limitations, this data analysis serves as a good estimate of the relative share of total cannabis consumption in counties, as needed for the administration of this grant program. 163 of 186
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Appendix C: Grant Agreement – Standard Terms and Conditions
1. Approval
This Agreement is of no force or effect until signed by both parties. Grant funds may not be used for expenditures made prior to the date of approval.
2. Agreement Execution
Unless otherwise prohibited by state law, regulation, or Department of Cannabis Control (DCC) or Grantee policy, the parties agree that an electronic copy of a signed Agreement, or an electronically signed Agreement, has the same force and legal effect as an Agreement executed with an original ink signature. The term "electronic copy of a signed Agreement" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed Agreement in a portable document format. The term "electronically signed Agreement" means an Agreement that is executed by applying an electronic signature using technology approved by all parties.
3. Representation on Authority of Parties/Signatories
Each person signing this Agreement represents and warrants that they are duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of this Agreement and the Performance of such Party’s obligations hereunder have been duly authorized and that this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.
4. Assignment
This Agreement is not assignable by the Grantee.
5. Governing Law and Consent to Jurisdiction
This Agreement is governed by and will be interpreted in accordance with the State of California without regard to its conflict of laws rules. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of any state court located within Sacramento County, State of California in connection with any matter arising out of this Agreement.
6. State and Federal Law
It is the responsibility of the Grantee to know and understand which State, Federal, and local laws, regulations, and ordinances are applicable to this Agreement and the Project, as described in Exhibit A. The Grantee shall be responsible for observing and complying with all applicable State and Federal laws and regulations. Failure to comply may constitute a material breach.
7. Grantee Commitments
The Grantee accepts and agrees to comply with all terms, provisions, and conditions of this Agreement, including all incorporated documents, and to fulfill all 164 of 186
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assurances, declarations, representations, and statements made by the Grantee in the application, documents, amendments, and communications in support of its request for funding.
8. Grantee – Representations and Warranties
Grantee represents and warrants that:
A. Grantee is an eligible applicant as set forth in the Grant Guidelines; B. It is not a party to any agreement, written or oral, creating obligations that would prevent it from entering into this Agreement or satisfying the terms herein;
C. All of the information in its grant application and all materials submitted to the Department are true and accurate;
D. Grantee’s governing body has authorized the Grantee to enter into this Agreement and has designated by title the individual authorized to sign the Agreement on behalf of Grantee.
9. Performance and Assurances
The Grantee agrees to perform or cause to be performed all Project work as described in the Scope of Work, and to apply grant funds awarded in this Agreement only to eligible Project uses and costs.
10.Funding Contingency Clause
The funding for this Agreement is allocated pursuant to the Local Jurisdiction Retail Access Grant Funding. Grantee agrees that the Department’s obligation to pay any sum under this Agreement is contingent upon availability of funds disbursed from the Local Jurisdiction Retail Access Grant Funding. If there is insufficient funding, the Department shall have the option to either:
A. Terminate this Agreement, whereby no party shall have any further obligations or liabilities under this Agreement, or
B. Negotiate an Agreement amendment with Grantee to reduce the grant award and scope of work to be provided under this Agreement.
11. Indemnification, Warranty and Disclaimer, Limitation of Liability Grantee shall defend, indemnify, and hold harmless DCC, its agents or assigns, from and against all claims, damages, and liabilities (including reasonable attorneys’ fees) arising from this Agreement due to Grantee’s breach of this Agreement or the Grantee’s negligence or willful misconduct. UNDER NO
CIRCUMSTANCES WILL THE STATE OF CALIFORNIA, DCC, ITS AGENTS OR
EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARISE FROM THIS AGREEMENT.
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12. Integration
This Agreement (including the exhibits hereto and any documents explicitly incorporated by reference, and any written amendments hereof executed by the Parties) constitutes the entire Agreement between the Parties related to this grant award and supersedes all prior agreements and understandings, oral and written, between the Parties with respect to the grant award described herein.
13. Severability
If any term of this Agreement is to any extent invalid, illegal, or unenforceable such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms shall remain in full force and effect.
14.Contractors and Consultants
The Grantee assumes full responsibility for its obligation to pay its Contractors and Consultants. The Grantee is responsible to ensure that any and all contractors and consultants it engages to carry out activities under this Agreement shall have the proper licenses and certificates required in their respective disciplines. The Grantee’s use of contractors and consultants shall not affect the Grantee’s responsibilities under this Agreement.
15. No Third-Party Rights
This Agreement creates no rights in and grants no remedies to any third party as a beneficiary of this Agreement.
16. Non-Discrimination Clause
The Grantee agrees that during the performance of this Agreement, it will not discriminate, harass, or allow harassment or discrimination against any employee or applicant for employment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The Grantee agrees to require the same of all contractors and consultants retained to carry out the activities under this Agreement.
The Grantee agrees that during the performance of this Agreement, the evaluation and treatment of its employees and applicants for employment are free from discrimination and harassment. The Grantee will comply with the provisions of the Fair Employment and Housing Act (Government Code section 12990 et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Grantee will give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining unit or other Agreement. The Grantee must include the 166 of 186
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nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
17. Union Activities
Grantee acknowledges that Government Code Section 16645.2 applies to this Agreement. Pursuant to Government Code Section 16645.2, Grantee certifies that none of the grant award will be used to assist, promote, or deter union organizing.
If Grantee makes expenditures to assist, promote, or deter union organizing, it shall maintain records sufficient to show that no portion of the grant award was used for those expenditures. Grantee shall provide those records to the Attorney General upon request.
18. Disputes
The Grantee must continue with the responsibilities under this Agreement during any dispute. In the event of a dispute, the Grantee must file a "Notice of Dispute" with the DCC Office of Grants Management (OGM), identified in Exhibit A, or designee within ten (10) calendar days of discovery of the problem. The Notice of Dispute must contain the Agreement number. Within ten (10) calendar days of receipt of the Notice of Dispute, the DCC Office of Grants Management (OGM) or designee must meet with the Grantee for the purpose of resolving the dispute. In the event of a dispute, the language contained within this Agreement shall be interpreted as to its fair meaning and not strictly for or against any Party.
19. Termination for Convenience
This Agreement may be terminated by either party upon written notice. Notice of termination must be delivered to the other party at least thirty (30) calendar days prior to the intended date of termination. Notice of termination does not nullify obligations already incurred prior to the date of termination. In the event of Termination for Convenience of this Agreement by DCC, DCC must not recapture all eligible costs and non-cancellable obligations incurred by the Grantee as of the date of termination.
20.Termination for Cause
Either party may terminate this Agreement for cause in the event of a material breach of this Agreement, provided that the non-breaching party provides written notice of the material breach and ten (10) calendar days to cure the breach. If the breach is not cured to the satisfaction of the non-breaching party within ten (10) calendar days of receipt of notice, this Agreement shall automatically terminate and DCC shall not recapture from the Grantee all eligible documented costs incurred up to the date of the notice of termination, including all non-cancellable obligations.
21. Acceptable Failure to Perform; Force Majeure
The Grantee shall not be liable for any failure to perform as required by this Agreement, to the extent such failure to perform is caused by any of the following:
labor disturbances or disputes of any kind, accidents, or the inability to obtain any required government approval to proceed, civil disorders, acts of aggression, acts 167 of 186
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of God, energy or other conservation measures, failure of utilities, mechanical breakdowns, materials shortages, disease, pandemics, or similar occurrences.
A. If by reason of force majeure Grantee’s performance hereunder is delayed or prevented, then the performance by Grantee may be extended for the amount of time of such delayer prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse Grantee’s performance as a matter of law.
B. Grantee agrees to provide the Department written notice of an event of force majeure under this Agreement within ten (10) calendar days of the commencement of such event and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
22. Material Breach
A material breach for purposes of this Agreement shall include, but not be limited to:
A. Failure to timely furnish the progress reports or other documents requested by DCC relating to the Grantee’s compliance with this Agreement.
B. Material misstatements in any information provided to DCC as part of the application process or after this Agreement is signed.
C. Use of Grant funds not in accordance with the Budget or Project Plan.
D. Funds are not expended by the date established by DCC.
E. Funds are used for an ineligible purpose.
F. Failure to comply with applicable State and Federal laws.
G. Failure to demonstrate progress toward the establishment of a local cannabis retailer licensing program as measured by the specific criteria in the Program Plan.
In the event of a material breach of this Agreement, DCC shall provide in writing a Notice of Breach to the Grantee. The Grantee shall have ten (10) calendar days from receipt of the notice to cure the breach or such longer period as mutually agreed to in writing between the Parties. If Grantee fails to cure the breach within the prescribed timeframe, DCC may do any of the following:
A. Suspend payments.
B. Recapture funds disbursed.
C. Terminate the agreement.
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D. Take any other action deemed necessary to protect its interests.
23. Recapture
DCC may recapture funds disbursed in the following circumstances:
A. Funds are not expended by the date established by DCC.
B. Funds are used for an ineligible purpose, including costs and fees related to litigation, payment of fines or other penalties incurred for violations related to unlicensed commercial cannabis activity, and other prohibited uses as determined by DCC.
C. The use of funds does not comply with the application plan submitted to, and approved by, DCC.
D. The local jurisdiction has failed to demonstrate progress toward permitting commercial cannabis retail businesses, as measured by the specific criteria provided in the plan.
E. The local jurisdiction has not complied with or is not in compliance with Item 1115-102-0001 of Section 2.00 of the Budget Act of 2022 or DCC’s Grant Guidelines.
Grantee shall notify DCC of grant funds disbursed but not expended by the date established by DCC within the Agreement. DCC shall provide Grantee with instructions how to return the funds. Under all other circumstances, DCC shall notify Grantee of the circumstance, the amount to be recaptured and provide Grantee with instructions as to how to return funds.
24.Publicity and Acknowledgement
The Grantee agrees that it will acknowledge DCC’s support whenever projects funded, in whole or in part, by this Agreement are publicized in any news media, brochures, publications, audiovisuals, presentations or other types of promotional material and in accordance with the Statement of Work attached to this Agreement. The Grantees may not use DCC’s logo.
25. News Releases/Public Conferences
The Grantee agrees to notify DCC in writing at least two (2) business days before any news releases or public conferences are initiated by the Grantee or its Contractors/Consultants regarding the Project.
26. Amendments
Changes to the Scope of Work, Budget, Project term, or funding amount must be requested in writing to DCC Office of Grants Management (OGM) no less than sixty (60) calendar days prior to the requested implementation date. Any changes are subject to DCC approval and, at its discretion, DCC may choose to accept or deny any changes. If accepted and after negotiations are concluded, the agreed upon changes will be made and become part of this Agreement. No amendments are possible if the Agreement is expired.
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30 Cannabis Local Jurisdiction Retail Access Grant
Grant Guidelines – February 2023
27. Reporting Requirements
Grantee must be able to demonstrate to the satisfaction of the Department that the grant funds were expended for eligible uses and consistent with the activities identified in its application and under the Grant Agreement. The Grantee agrees to comply with all reporting requirements specified in the Grant Guidelines and Application Instructions incorporated by reference to this Agreement.
28. Records, Inspection and Audit
Grantee must maintain books, records, subcontracts, and other material relative to the Project and retain such books, records, subcontracts and other material detailing the expenditure of all grant funds for a period of seven (7) years after the end of the Grant Term. Grantee must require that such books, records, subcontracts, and other material are subject at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by DCC and the California State Auditor. The Grantee must allow and must require its contractors to allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Grantee agrees to include a similar duty regarding audit, interviews, and records retention in any contract or subcontract related to the performance of this Agreement. The provisions of this section survive the termination of this Agreement.
29. Equipment
Purchase of equipment not included in the approved Budget requires prior approval. The Grantee must comply with applicable state requirements regarding the use, maintenance, disposition, and reporting of equipment.
30.Confidential and Public Records
The Grantee and DCC understand that each party may come into possession of information and data which may be deemed confidential or proprietary by the person or organization furnishing the information or data. Such information or data may be subject to disclosure under the California Public Records Act (PRA) (Gov. Code, § 7920.000 et seq.). DCC has the sole authority to determine whether the information is releasable. Each party agrees to maintain such information as confidential and notify the other party of any requests for release of information.
31. Conflict of Interest
Grantees are subject to State conflict-of interest laws. The Grantee certifies that its officers, directors, agents, representatives, and employees are in compliance with applicable State and federal conflict of interest laws and will remain in compliance for the useful life of the Project. Public entities are required to have adopted conflict of interest codes and may be required to provide documentation of those codes to DCC.
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31 Cannabis Local Jurisdiction Retail Access Grant
Grant Guidelines – February 2023
32. Independent Actor
The Grantee and its agents and employees, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of DCC.
33. Undisbursed Funds Interest
The Grantee is not entitled to interest earned on undisbursed funds.
34.Sections and Other Headings
The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
35. Notice
Within thirty (30) calendar days of the effective date of this Agreement, Grantee shall notify the Department, in writing, of the name, address, phone number, and email of its contact person for future communication relating to this Agreement. In addition, Grantee agrees to immediately inform the Department of any changes to the name, address, phone number, and email of its contact person. Unless otherwise specified in this Agreement, any notice required or permitted to be given under this Agreement to the Department shall be emailed to [email protected].
36. Closeout
The Agreement will be closed out after the completion of the Project or project term, receipt and approval of the final report, and resolution of any performance or compliance issues.
37. Executive Order N-6-22
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine the grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the grantee advance written notice of such termination, allowing the grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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32 Cannabis Local Jurisdiction Retail Access Grant
Grant Guidelines – February 2023
Appendix D: Sample Resolution
RESOLUTION OF [INSERT NAME OF LOCAL GOVERNING BODY] AUTHORIZING
STATE OF CALIFORNIA LOCAL JURISDICTION CANNABIS RETAIL ACCESS GRANT PROGRAM FUNDING.
The [insert name of local governing body] finds:
WHEREAS, the California Legislature has appropriated funds for award by the California Department of Cannabis Control to eligible local jurisdictions to develop and implement a cannabis retailer licensing program;
WHEREAS, [insert name of local government body] has a plan to develop and implement a program to issue permits to commercial cannabis retail businesses; WHEREAS, [insert name of local government body] has determined that it will use grant funds from the Department of Cannabis Control to establish a local cannabis retailer licensing program as described in its application for grant funds.
NOW, THEREFORE, BE IT RESOLVED that the [insert title of designated official] of the [insert city or county name] is authorized to execute by electronic signature on behalf of [insert name of local government body] the grant agreement with the Department of Cannabis Control, including any extensions or amendments thereof and any subsequent grant agreement with Department of Cannabis Control in relation thereto.
BE IT FURTHER RESOLVED that the [insert name of local government body] agrees to abide by the terms and conditions of the Grant Agreement as set forth by the Department of Cannabis Control.
Passed, approved, and adopted by the [insert name of local government body] in a meeting thereof held on [insert date] by the following:
VOTE
Ayes:
Nays:
Absent:
Signature: ____________________________________ Date: ___________ Typed Name and Title: ___________________________________________ ATTEST
Signature: ____________________________________ Date: ___________ Typed Name and Title: ___________________________________________ 172 of 186
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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: Introduction of Ordinance 874 - An Ordinance of the City Council of the City of Yreka, California, Adding Chapter 9.70 to the Yreka Municipal Code Entitled “Personal Fireworks Prohibited” and finding the Ordinance exempt from CEQAs.
Meeting Date: March 21, 2023
Discussion:
At the February 21, 2023 City Council meeting, direction was given to the City Attorney to draft an ordinance banning the sale and use of fireworks within the city limit of the City of Yreka.
Accordingly, the City Attorney has prepared Ordinance #874 An Ordinance of the City Council of the City of Yreka, California, Adding Chapter 9.70 to the Yreka Municipal Code Entitled “Personal Fireworks Prohibited” and finding the Ordinance exempt from CEQAs which is being introduced this evening for the first reading. The ordinance does allow for use of fireworks at Supervised Public Display permitted events (e.g. pyrotechnic shows and displays at the Fairground or Casino).
The ordinance, once passed to the next meeting, will include a noticed public hearing for consideration prior to adoption.
Fiscal Impact:
None
Recommended Action:
Introduce by reading title only, Ordinance #874; An Ordinance of the City Council of the City of Yreka, California, Adding Chapter 9.70 to the Yreka Municipal Code Entitled “Personal Fireworks Prohibited” and Finding the Ordinance exempt from CEQAs; and move to pass it to the next agenda for public hearing and adoption.
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1 2 ORDINANCE NO. 874
3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
5 OF YREKA, CALIFORNIA ADDING CHAPTER 9.70 TO
6 THE YREKA MUNICIPAL CODE ENTITLED “PERSONAL
7 FIREWORKS PROHIBITED” AND FINDING THE
8 ORDINANCE EXEMPT FROM CEQA
9 Section 1. The City Council of the City of Yreka, California, finds as follows:
10 WHEREAS, Article Xl, Section 7 of the California Constitution 11 provides that the City may make and enforce within its limits all local, 12 police, sanitary, and other ordinances and regulations not in conflict with 13 general laws; and,
14 WHEREAS, Health and Safety Code Section 11541 authorizes the 15 City Council to establish local fireworks regulations; and, 16 WHEREAS, the city is situated in an area that, seasonally, is in 17 extremely high wildfire danger due to high temperatures and low 18 atmospheric moisture conditions; and,
19 WHEREAS, cities to Yreka’s north and south have been completely 20 decimated by wildfires within the last several years and parts of the city 21 itself were ordered evacuated due to those wildfires; and, 22 WHEREAS, individuals using fireworks, particularly children under 23 the age of 15, are at a high risk of injury from their use; and, 24 WHEREAS, fireworks have caused fires to structures resulting in 25 local residents losing all their personal possessions; and, 26 WHEREAS, traditional law enforcement methods are not effective in 27 deterring such use; and,
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2 28 WHEREAS, public education and the availability of safe and sane 29 fireworks has not been effective in deterring the use of dangerous and illegal 30 fireworks; and,
31 WHEREAS, The City Council has determined to prohibit the sale, 32 use, and/or possession of any fireworks and to make homeowners and 33 tenants responsible for fireworks violations that occur on property they own 34 or occupy; and,
35 WHEREAS, the continued use of dangerous, illegal as well as safe 36 and sane fireworks within the City is an immediate threat to public health, 37 safety and welfare because of the size of such fireworks, the lack of 38 safeguards in their manufacture and residents lack of compliance with 39 fireworks laws; and,
40 WHEREAS, individual use of fireworks should be distinguished from 41 permitted fireworks displays conducted by pyrotechnic professionals; and 42 WHEREAS, with the Fourth of July approaching, it’s a matter of 43 immediate public health and safety to adopt this ordinance to address the use 44 of fireworks and thereafter publicize its provisions before that holiday; and 45 Section 2. The City Council of the City of Yreka, California, does ordain 46 that the Yreka Municipal Code is hereby amended to add Chapter 9.70, to 47 Title 9, Public Health, Safety and Morals, as follows 48 9.70.010. Definitions. Whenever in this Chapter, or in any resolution or 49 standard adopted by the City Council pursuant to this Chapter, the following 50 terms are used, they shall have the meaning ascribed to them in this Section, 51 unless it is apparent from the context thereof that some other meaning is 52 intended:
53 “Fireworks” has the meaning set forth in California Health and Safety 54 Code Section 12511. The term “fireworks” includes a) “Dangerous 55 fireworks,” as defined in California Health and Safety Code Section 12505 56 and the relevant sections of Title 19, Code of Regulations, subchapter 6; and 57 b) “Safe and sane fireworks,” as defined in California Health and Safety 58 Code Section 12529. The term “fireworks” excludes c) “Exempt fireworks,” 59 as defined in California Health and Safety Code Section 12508; and d) 179 of 186
3 60 “Party poppers” and “snap caps,” as each is defined in California Code of 61 Regulations, Title 19, Section 980; e) The proper use of flares by peace 62 officers, fire officials, or motorists.
63 “Organization” means a public agency, other corporation or 64 unincorporated association located within the City.
65 “Public right of way” means any City property, including that City 66 property over which the City has granted an easement to another public agency. 67 “Responsible party” means a) A person that owns, rents, leases, or 68 otherwise has possession of, or is in immediate control of, a residence or other 69 private property or a vessel; and b) A person that organizes, supervises, 70 sponsors, conducts, allows, controls, or controls access to, the possession, 71 manufacture, sale, offer for sale, use, or discharge of fireworks at a residence or 72 other private property or on a vessel.
73 “Street” means any City street or alley, including right of ways for ingress 74 or egress granted to the City by easement or dedication. 75 “Vessel” has the meaning set forth in California Harbors and Navigation 76 Code Section 651.
77 9.70.020. Prohibition.
78 (a) Except as otherwise provided in this Article, no person shall 79 possess, manufacture, sell, offer to sell, use, or discharge, any 80 fireworks.
81 (b) The Fire Chief, Police Chief, Code Enforcement Officer or their 82 delegee, may seize, take, remove or cause to be removed, at the 83 expense of the owner or any vendor, any and all such fireworks 84 offered or exposed for sale, stored or held in violation of this 85 Article, the state fireworks law or the California Fire Code. 86 9.70.030. Supervised Public Display; Permit Required 87 (a) Any Organization desiring to hold a public display of fireworks 88 within the City shall submit an application for a permit to do so to 180 of 186
4 89 the Fire Chief at least two (2) calendar months prior to the date of 90 the proposed event.
91 (1) Any permit granted for such display shall be lawful only for 92 that event.
93 (2) No permit granted under this section shall be transferable. 94 (b) The Fire Chief may adopt reasonable rules and regulations for 95 granting such permits for supervised public displays of 96 fireworks to Organizations.
97 (c) Each such display must be handled and presented by a 98 competent operator approved by the Fire Chief and licensed 99 by the State of California.
100 (d) Such display must be located and discharged in a manner that, in 101 the sole opinion of the Fire Chief, is not hazardous to persons or 102 property.
103 (e) Such Organization or operator shall furnish an indemnification 104 in the form specified by the FireChief.
105 (f) In addition, the Organization or operator shall proof of current 106 commercial general liability coverage in an amount of $1,000,000 107 generally liability insurance (or such other amount as agreed upon 108 by the Fire Chief and risk manager) to address the potential for 109 damage to persons or property that may arise from the permitted 110 display and the acts of the Organization, its agents, employees or 111 contractors. The certificate of insurance shall be endorsed to name 112 the City, its officers, agents and employees as additional insureds. 113 (g) Any permit issues shall be only for the event, date and time 114 named and is nonrenewable and non-transferable.
115 9.70.040. Host Liability.
116 (a) Except as provided in (3) below, no Host shall allow any person 117 to violate a provision of this Article on the Host’s private 181 of 186
5 118 property or on the public right of way or street adjacent or 119 proximate to the Host's private property.
120 (1) Where there is more than one Host, each Host is liable 121 jointly and severally.
122 (2) No Host shall aid or abet another person’s violation of a 123 provision of this Article. A Host aids and abets another 124 person' s violation of a provision of this Article if the Host 125 knows of the other person’s unlawful purpose and then 126 specifically intends to, and does in fact, supervise, control, 127 aid, facilitate, promote, encourage, or instigate the other 128 person' s commission of that violation.
129 (3) The provisions this section shall not apply to:
130 (i) The possession, manufacture, storage, display, sale, 131 purchase, use, or discharge of fireworks as permitted 132 under this Chapter, state or federal law; or
133 (ii) A Host who initiates contact with law enforcement or 134 fire officials to assist in removing any person from its 135 property or terminating an activity in order to comply 136 with this Article, if the request for assistance is made 137 before any other person contacts law enforcement or fire 138 officials to complain about the violation of this Article. 139 9.70.050. Liability for Response Costs
140 (a) In addition to any administrative penalty or any penalty under any 141 other section of this City Code or state law, any Host who violates 142 this Article is liable for the response costs relating to the violation. 143 (1) As used here, "response costs" include the following: the 144 fully burdened cost of police, fire, code enforcement or other 145 City personnel required to deal with the violation, the cost of 146 seizure and disposal of the illegal fireworks, and attorney 147 fees for any and all notices , meetings , or administrative or 148 court proceedings to enforce this ordinance.
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6 149 (2) Where there is more than one Host, each Host is liable 150 jointly and severally for response costs.
151 (b) The amount of response costs constitutes a debt owed to the City 152 which may be collected in any manner legally available to the 153 City.
154 (c) Notice of the response costs shall contain the following itemized 155 information:
156 (1) The name of the Host(s) who is liable for the response costs; 157 (2) The address of the private property where the incident 158 occurred;
159 (3) The date and time of the response;
160 (4) The itemized cost of law enforcement, fire, or other 161 emergency response personnel who responded as well as 162 code enforcement or other City personnel and the associated 163 legal costs
164 (d) Notice shall be served on each Host at the property address by 165 first-class mail or by any means provided for service of a civil 166 complaint.
167 (e) Payment for response costs shall be remitted to the City within 30 168 calendar days of the date of the notice.
169 (f) The payment of any such costs shall be stayed upon the filing of a 170 timely appeal under section 9.70.060.
171 9.70.060. Appeal of Charge for Response Costs
172 Any Host charged with response costs may, without a fee and within 10 173 calendar days of the date of the notice of response costs, appeal all or a 174 portion of the response costs to the City Manager. The City Manager shall 175 meet with the Host within 15 calendar days of receiving the appeal. 176 Within the next 30 calendar days, the City Manager shall determine 183 of 186
7 177 whether or not to uphold the appeal. The decision of the City Manager is 178 final.
179 (a) Failure to timely file an appeal constitutes a failure to exhaust 180 available administrative remedies, and bars any further review, 181 administrative appeal or court review of the response costs. 182 9.70.070. Violation - Penalties
183 (a) In addition to any other remedy allowed by law, any person 184 who violates a provision of this Article is subject to criminal 185 sanctions, civil actions, and administrative penalties pursuant to 186 the provisions of this City Code. All remedies prescribed under 187 this Article are cumulative and the election of one or more 188 remedies does not bar the City from the pursuit of any other 189 remedy available to the City.
190 (b) All violations of this Article are declared to be a public nuisance. 191 (c) Notwithstanding anything to the contrary, the amounts for an 192 administrative penalty for a violation of this ordinance shall 193 be set by resolution from time to time adopted by the City 194 Council.
195 Section 3. CEQA Exemption.
196 The City Council hereby finds and determines that the action taken in 197 this Ordinance does not commit the City to any action that may have a 198 significant effect on the environment. Accordingly, under the provisions of § 199 15061(b)(3) and § 15378(b)(5) of Division 6 of Title 14 of the California 200 Code of Regulations, the CEQA Guidelines, the adoption of this ordinance 201 is not subject to the requirements of the California Environmental Quality 202 Act. The City Council directs City staff to file a Notice of Exemption within 203 five (5) days following adoption of this Ordinance with the Siskiyou County 204 Clerk.
205
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8 206
207 Section 4. Severability. If any section, subsection, part, clause, sentence or 208 phrase of this ordinance or the application thereof is for any reason held to 209 be invalid or unconstitutional by a decision of any court of competent 210 jurisdiction, the validity of the remaining portions of this Ordinance, the 211 application thereof, shall not be effected thereby but shall remain in full 212 force and effect, it being the intention of the City Council to adopt each and 213 every section, subsection, part, clause, sentence phrase regardless of whether 214 any other section, subsection, part, clause, sentence or phrase or the 215 application thereof is held to be invalid or unconstitutional. 216 Section 5. Effective Date. This Ordinance shall take effect sixty-one days 217 after its passage and adoption pursuant to California Government Code 218 Section 36937 and shall supersede any conflicting provision of any City of 219 Yreka ordinance.
220 Section 6. Implementation. The City Council hereby authorizes and directs the 221 City Manager to take any action and sign any documents necessary to 222 implement this Ordinance.
223 Section 7. Certification. The City Clerk shall certify to the passage and 224 adoption of this ordinance and shall cause the same to be published or posted 225 according to law.
226 Section 8. Inconsistencies. Any provisions of the Yreka Municipal Code, or 227 appendices thereto, or any other ordinances of the City inconsistent herewith, to 228 the extent of such inconsistencies and no further, are hereby repealed. 229 Section 9. Codification. The City Clerk is directed and authorized to instruct 230 the publisher of the City of Yreka Municipal Code that codification of this 231 Ordinance is limited to Section 2.
232
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9 233
234 Section 10. Execution. The Mayor and City Clerk are authorized to subscribe 235 this ordinance where indicated below to evidence its approval. 236 Introduced at a regular meeting of the City Council held on March 21, 237 2023 and, following a public hearing, passed, approved at least a 4/5 majority 238 and adopted at a regular meeting of the City Council of the City of Yreka held 239 on April , 2023 by the following vote:
240
241 AYES:
242 NOES:
243 ABSTAIN:
244 ABSENT:
245
246 Corey Middleton, Mayor
247 Approved as to Form: Attest:
248
249 Dohn Henion, City Attorney Rhetta Hogan, City Clerk 186 of 186