Agenda — Yreka City Council, July 18, 2023

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Corey Middleton, Mayor
Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, City Manager
Rhetta Hogan, Asst. City Manager and Clerk
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Mark Gilman, Police Chief
Andrew Jared, City Attorney
Jerry Lemos, Fire Chief
Juliana Lucchesi, Community Dev. Director

YREKA CITY COUNCIL MEETING AGENDA
July 18, 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 at www.ci.yreka.ca.us/AgendaCenter. Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting at the City Clerk’s office at City Hall, located at 701 4th St, Yreka, California during normal business hours. Any writing that is subject to disclosure that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at the City Clerk’s office during normal business hours.

Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at 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 below item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced.

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 1 of 118

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a. Conference with real property negotiator (Govt C §54956.8) - Property: 805 Lane Street, Yreka (APN 061-111-100-000) - Agency negotiator: Jason Ledbetter
- Negotiating parties: Lisa Anderson
- Under negotiation: Price and Terms
b. Conference with real property negotiator (Govt C §54956.8) - Property: APN 053-591-400-000 and APN 053-591-380-000 - Agency negotiator: Jason Ledbetter
- Negotiating parties: E B Development Corporation
- Under negotiation: Price and Terms
c. Conference with real property negotiator (Govt C §54956.8) - Property: APN 053-473-240-000
- Agency negotiator: Jason Ledbetter
- Negotiating parties: Nelson Steven L and Janice L Trustee - Under negotiation: Price and Terms
d. Conference with real property negotiator (Govt C §54956.8) - Property: 110 W. Miner Street, Yreka (APN 053-373-030-000) - Agency negotiator: Jason Ledbetter
- Negotiating parties: Liberty Arts, Bella Art Works, Miner St. Market & Black Bart’s Grill - Under negotiation: Price and Terms
e. Conference with legal counsel—anticipated litigation (City Initiating) (Govt C §54956.9(d)(4) - Number of cases: one (1)

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

5. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:

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

6. PUBLIC COMMENTS:

Public participation is welcomed and invited at all City Council meetings. This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an item noted on the Regular Agenda, please address the Council when that item is open for public comment.

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

Councilmembers, when recognized by the Mayor, may ask clarifying 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 Agenda. If your comments concern an item listed under the Public Hearing or New Business sections of the Agenda, please address the Council when that item is open for public comment.
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• Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• 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. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.

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

7. 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 June 15, 2023, through July 09, 2023. b. Approval of Minutes of the Regular Meeting held June 20, 2023. c. Approval of Minutes of the Special Meeting held July 12, 2023.

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

8. OLD BUSINESS
Yreka City Council, Mayor Middleton
a. Title: The City Council is being asked to make recommendations for a Mayoral appointment to two seats on the Planning Commission
The applicants that are being considered are:
• Dawnmarie Autry
• Peter O’Brien
Recommended City Council Action: That the City Council make recommendations to the Mayor for a Mayoral appointment to fill one (1) expired term on the Planning Commission.

9. NEW BUSINESS
City Manager, Jason Ledbetter
a. Title: Siskiyou Scenic Bike Tour – May 17, 18, and 19, 2024 Recommended City Council Action: Motion to Adopt Resolution 2023-30 Approving Requests Associated with the Special Event known as the Siskiyou Scenic Bicycle Tour to be held on the dates of Friday, May 17, 2024, Saturday, May 18, 2024, and Sunday, May 18, 2024. b. Title: Special Event Known as the National Night Out Recommended City Council Action: Motion to Adopt Resolution 2023-31 Approving Street Closures and Request to appropriate in-kind services for the Siskiyou County Gun Owners: Chapter of CRPA event known as National Night Out.
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10. CITY MANAGER/STAFF REPORTS:

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

11. 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.

12. 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.

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

AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA)

COUNTY OF SISKIYOU) SS

CITY OF YREKA )
I, Rhetta Hogan, City Clerk for the City of Yreka, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Yreka, California, was delivered and/or notice by email not less than 72 hours, before the hour of 5:30PM on July 18, 2023 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.ci.yreka.ca.us and posted at Yreka City Hall, 701 Fourth St., Yreka, California. /s/: Rhetta Hogan
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YREKA CITY COUNCIL MEETING MINUTES
June 20, 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 Announcement of any action taken by the City Council in Closed Session required by the Ralph M. Brown Act. (Government Code § 54950 et. seq.)

1. 5:30PM CALL TO ORDER:

Meeting called to order at 5:30PM, Councilmembers Baker, Davis, Kegg, Middleton, and McCoy were present.

2. PUBLIC COMMENT ON CLOSED SESSION:

There was no public comment.

3. CLOSED SESSION:

1. Kathleen Hogan vs City of Yreka and Allen Gill Construction, Inc (SCSC 23CV03777)

2. Susan Meek vs City of Yreka (SCSC 23CV021202)
b. Real Property Negotiations (Gov. Code § 54956.8)

1. APN: 062-031-180-000
Agency Negotiator: Jason Ledbetter, City Manager
Negotiating Party: Kathy Graves, Historical Society
Under Negotiation: Price and Terms

2. APN: 053-591-400-000, 053-591-380-000
Agency Negotiator: Jason Ledbetter, City Manager
Negotiating Party: E B Development Corporation
Under Negotiation: Price and Terms
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4. 6:30PM CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:

Regular meeting started at 6:30PM. City Council discussed each item but for item 3.b.2. There was no reportable action taken. Councilmember Kegg at 5:39PM recused himself from the closed session part of the meeting for items 3.b.1. Real Property Negotiations due to a conflict. Closed Session adjourned at 5:54PM.

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.
a. Pacific Power – Wildfire Planning Update
Nora Yotsov and Tyler Avery, Emergency Management Services with Pacific Power presented.

6. PUBLIC COMMENTS:

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

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.
• 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.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.

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 Tad White, Mark Atwood, Judy Baker, Steve Radford, and Louise Gliatto.

7. 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 May 30, 2023, through June 09, 2023. b. Approval of Minutes of the Regular Meeting held June 6, 2023. 70 70 of 118

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c. Approval of Minutes of the Special Joint Meeting held June 14, 2023. d. Cash Balances, Budget to Actual and Fiscal Performance Reports for May 2023. e. Adopt Resolution 2023-27 Authorizing the Expenditure of Funds beginning July 1, 2023, Prior to the Adoption of the Biannual Budget for Fiscal Year 2023-24 and 2024-25.

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

Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented with the correction to the June 6, 2023, minutes from the closed session as amended when Councilmember Davis was present for the roll call to order at 5:30PM and then recused himself for item 3.a.

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

8. PUBLIC HEARINGS:

Public Hearing Protocol:
i. Mayor will describe the purpose of the Public Hearing. ii. City Staff will provide the Staff Report.
iii. City Staff will respond to questions from the City Council. iv. Mayor will open the Public Hearing.
v. Public wanting to comment will come to the podium, provide the City Clerk with their name and address, and provide their comments.
vi. Mayor will close the Public Hearing.
vii. City Council will deliberate and act on the item.

City Manager
a. Agenda Title: Solicit Community Comments Regarding Possible Community Development Block Grant (CDBG) Program Funding Applications under the 2023 Notice of Funding Availability Recommended City Council Action: Direct staff to consider proposals and possibly prepare a grant application and resolution for the CDBG Program Funding Applications under the 2023 Notice of Funding Availability based upon participant comments and staff recommendations.

Direction to move forward on proposals presented and continue to receive proposals and input for consideration for grant funding.

Community Development Director
b. Agenda Title: California Department of Housing and Community Development Homekey Grant Application
In October of 2022, the City Council gave direction to the City Manager to solicit housing developers interested in applying with the City Yreka to the Homekey Cycle 3 to convert a motel within the city into long-term residences for residents experiencing homeless or at risk of homelessness. Rural Community Housing Development Corporation (RCHDC) was selected through an opening solicitation of housing development to co-apply to the grant with the City. The City and RCHDC have selected Jefferson Inn, 1235 S Main St, Yreka, CA 96097, as the preferred site for conversion for the grant. The City and RCHDC are preparing the grant application and require the City Council to authorize RCHDC to apply to the grant as the co-applicant through resolution. 71 71 of 118

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Recommended City Council Action: Hold a Public Hearing for the Homekey Grant Fiscal Year 2023 Notice of Funding Advice Dated March 29, 2023, and Adopt a Resolution 2023-28 of the City Council of the City of Yreka Authorizing Rural Community Housing Development Corporation to Apply to the Homekey Cycle 3 Grant Program on behalf of the City of Yreka The meeting was adjourned briefly during public comment for a brief recess and reconvened at 8:13PM.

Public comments were heard from Veronica M. of Yreka, Glenn Tad White, Rebecca Fortna and Steve Radford.

Motion to Adopt a Resolution 2023-28 of the City Council of the City of Yreka Authorizing Rural Community Housing Development Corporation to Apply to the Homekey Cycle 3 Grant Program on behalf of the City of Yreka.

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

9. NEW BUSINESS
Community Development Director
a. Agenda Title: City Council Interviews of Applicants to the Planning Commission Seats for Future Mayoral Appointment at a City Council meeting
Two candidates will be interviewed by the City Council for one expired term position on the Yreka Planning Commission.

Public Works Director
b. Agenda Title: Resolution Authorizing a Grant Application to the Drinking Water State Revolving Fund for the South Yreka Water Supply and Distribution Improvements Project.

In November 2022, Council adopted a resolution authorizing an application for DWR funding for the South Yreka Water Supply and Distribution Improvements Project. The City recently learned that this application has not been approved, though approval for a later round of funding might still be possible.

In the meantime, PACE has advised City staff to apply for funding from the Drinking Water State Revolving Fund (DWSRF).

Recommended City Council Action: Motion to Adopt Resolution 2023-29 of the City Council of the City of Yreka authorizing the City to apply for grant funds from the State of California, to enter into a funding agreement, and to designate representatives to sign agreements and any amendments thereto for the South Yreka Water Supply and Distribution Improvements Project.

Motion to Adopt Resolution 2023-29 of the City Council of the City of Yreka authorizing the City to apply for grant funds from the State of California, to enter into a funding agreement, and to designate representatives to sign agreements and any amendments thereto for the South Yreka Water Supply and Distribution Improvements Project.

MOTIONED: Councilmember McCoy
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
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10. CITY MANAGER/STAFF REPORTS:

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

City Manager Ledbetter spoke to follow-up issues on graffiti and white washing areas in the Greenhorn Reservoir historic area and in the next few weeks Public Works will be working on the Yreka Creek Greenway landscaping behind Siskiyou County Public Health. On June 19, City Manager Ledbetter and Assistant City Manager Hogan met with the Fire Chief and Volunteers to discuss the process for the City’s attempt to bring funding in for paid staff at the fire department and the plan to fund a new fire hall. City Manager made contact with Cameron Mooney the speaker the Council requested to be a guest speaker to the Council on Cannabis on July 12, 2023 at 7:30PM. City Manager attended the Finance Committee meeting on June 13, 2023 to discuss the upcoming 218 process for water and sewer utility rates, received updates on the budget process from the Finance Director, Aldrich and updates on the public safety initiative consultant selection. City staff has met twice with ORW for the City Hall ADA improvements. That project is moving along quickly. AB1600 has officially been approved and City still needs to submit its work plan for review. City Manager Ledbetter toured area behind public health with Public Works Director, Matt Bray on a plan to clean the Greenway. The City received notice today of its selection for the CA Dept Cannabis Control grant award.

11. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

Councilmember McCoy attended the local transportation meeting and the Hwy3 corridor feedback meeting.

Councilmember McCoy gave updates on the Caltrans construction project on the south end of town.

Councilmember Kegg thanked staff on getting the CA DFW 1600 permit, thanked the City Attorney on the ethics training.

Councilmember Davis had no statements.

Councilmember Baker spoke to attending the ethics training by City Attorney Andrew Jared on July 12, 2023, and the Finance Committee meeting, and noted the upcoming Communications Committee meeting on July 22, 2023. In addition, Councilmember Baker is attending the Collier Interpretive Center meeting on July 27 that will be held at Natalie’s Thia (no host dinner) and the meeting is open to the public.

12. ADJOURNMENT:

The meeting was adjourned at 9:05PM.
-----------------------------------
Corey Middleton, Mayor
Minutes approved by City Council,
Motion on July 18, 2023
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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
Andrew Jared, City Attorney
Jerry Lemos, Fire Chief
Juliana Lucchesi, Community Dev. Director

YREKA CITY COUNCIL SPECIAL MEETING MINUTES
Wednesday, July 12, 2023
Closed Session 5:30PM
Open Meeting – Special Presentation 7:30PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA 96097 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.

Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at www.ci.yreka.ca.us/AgendaCenter.

1. 5:30PM CALL TO ORDER CLOSED SESSION:

The June 14, 2023, City Council Meeting was called to order by Mayor Middleton at 5:30PM.

Councilmembers Baker, Davis, Kegg, McCoy and Middleton were present for roll call.

2. PUBLIC COMMENT ON CLOSED SESSION:

There was 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 negotiator (Govt C §54956.8) Property: 19817 Iron Gate Lake Road, Hornbook, CA (APN 004-370-030-000) City Negotiator: City Manager, Jason Ledbetter
Negotiating Parties: PacifiCorp
Under Negotiation: Possible purchase including price.

4. RECESS:

5. RETURN TO OPEN SESSION AT 7:30 PM:

Announcement of any action taken by the City Council in Closed Session required by the Ralph M. Brown Act. (Government Code § 54950 et. seq.)
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There was no reportable action from closed session.

6. CALL TO ORDER AND PLEDGE OF ALLEGIANCE:

Mayor Middleton modified the agenda order where Item 8, Special Presentation will occur before Item 7.

Public Comment to allow for public comment after the Special Presentation.

7. PUBLIC COMMENT:

Public participation is limited to those items listed on the agenda.

If your comments do not concern an item listed on this Agenda, please address the City Council at the next regular meeting.

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

Councilmembers, when recognized by the Mayor, may ask questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. • Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• 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. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.

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

Public comment was heard after the special presentation from Ms. Zenido - Big Springs, Louise Gliatto - Yreka, Steve Radford - Yreka, Jack Phillips - Mt. Shasta (handouts), Erin Ryan, District Representative of Doug LaMalfa - Palo Cedro/Redding, Diane Collier - Yreka, Debbie Bacigalupe - Siskiyou County, David - Mt. Shasta, Dawnmarie Autrey - Yreka, and Chuck - Big Springs.

8. 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.

Special Presentation on Cannabis Cultivation and Use by Cameron Mooney - (30 minutes)

9. ADJOURNMENT:

The meeting was adjourned at 9:01 PM.
___________________________
Corey Middleton, Mayor
Minutes approved by City Council,
Motion on July 18, 2023
______________________
Rhetta Hogan, City Clerk
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
YrekaCity Council
Juliana Lucchesi, Planning Director
City Clerk
Council Action: The City Council is being asked to make recommendations for a Mayoral appointment the one expired term seats on the Planning Commission
July 18, 2023
Currently there is one expired term on the Planning Commission. The incumbent Peter O’Brien has continued to serve since the expiration of their terms on March 31, 2023. The City Council conducted interviews of two applicants on June 20, 2023. The City Council is being asked to make recommendations for a Mayoral appointment for that expired term.

The applicants that are being considered are:
• Dawnmarie Autry
• Peter O’Brien
The appointed Planning Commissioners will have an obligation to file a Form 700 Statement of Economic Interests annually, as per the Fair Political Practices Commission, and attend a two-hour self-guided Ethics Training, every two years in compliance with AB 1234. In addition, anti-harassment training will also have to be completed. These are not optional requirements but mandatory to serve on this quasi-judicial body. The appointee will serve until March 31, 2026.

Fiscal Impact:

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

Recommendation and Requested Action:

That the City Council make recommendations to the Mayor for a Mayoral appointment to fill one (1) expired term on the Planning Commission.
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
Yreka City Council
Matthew Bray, Public Works Director
Jesenia Ortiz, Fiscal & Admin Tech II
Discussion/Possible Action: Adopt a Resolution Approving Requests Associated with the Special Event Known as the Siskiyou Scenic Bicycle Tour to be held on the dates of Friday, May 17, 2024, Saturday, May 18, 2024, and Sunday, May 19, 2024.

July 18, 2023
Christal Duncan has submitted the attached request on behalf of the Rotary Club of Yreka to hold the Siskiyou Scenic Bicycle Tour on the dates of Friday, May 17, 2024, for overnight camping and the bike ride itself on Saturday, May 18, 2024, and Sunday, May 19, 2024. She is also requesting to sell alcohol on Saturday, May 18, 2024, and Sunday, May 19, 2024 as well as collect fees from riders and sell tshirts related to the event.

This event was held in May 2021, May 2022, and May 2023 with great success. There were 320 riders in 2021, 269 in 2022 and 229 in 2023 who participated in the event coming from California, Oregon, Utah, Nevada, Washington and even Rhode Island. Siskiyou Scenic Bike Tour estimates 350 cyclists for 2024. This event was featured in an article of Cycle California in the January 2023 edition which is distributed in California, Southern Oregon and Nevada.

The tour, a completely outdoor event, starts at Upper Greenhorn Park. There are six (6) different rides of 104, 67.8, 65, 40, 39 and 21 miles. This is not a race, but a tour. There are rest stops along the routes, and people will follow the same rules as prior years. At the end of the ride as cyclists come in, there will be a catered meal which will be served to the riders between noon and 5:00 pm.

The riders arrive throughout the afternoon so there is no large group meal.

Fiscal Impact:

Applicant will provide a refundable deposit of $500.00 to cover clean-up costs and/or any damage to the park facility. There is no in-kind request or incurred cost for the Public Works Department for this event.

Recommendation and Requested Action:

Motion to Adopt Resolution 2023-30 Approving Requests Associated with the Special Event known as the Siskiyou Scenic Bicycle Tour to be held on the dates of Friday, May 17, 2024, Saturday, May 18, 2024, and Sunday, May 18, 2024.
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Rev. 1/29/2020

Special Event Application and Checklist
This checklist is intended to help event sponsors provide complete and timely information for the City of Yreka to approve special events proposed at City park facilities.

Event Name: ______________________ Event Date(s)/Time: _______________ Event Location: _____________________
Sponsor Organization: ___________________ Contact Name: ___________________ Contact Phone: ___________________ Contact Email: ______________________ To Be Completed:
 Letter of Request regarding your special event. Please include information such as:
o Basic event information (name, activity, number of participants, community benefit, etc.) o Identify event requests (i.e. irrigation shut off, street closures, etc.) o Identify any special support requests (i.e. barricades, park exclusive use, camping, fee waiver, facilities, alcohol/food service, vendor sales, etc.) o Reserve support equipment (i.e. stage, sound, barricades, Police escort, etc.) o Identify advance coordination you have done with Public Works or Police Dept.  Attend City Council meeting, if scheduled, to answer any questions about your event.  Park Reservation form and Park Reservation fee (if applicable)  Event deposit made. Amount __________ Date : _________________  Turn in a signed Event (Encroachment) Agreement no later than 1 week before your event.
 Provide evidence of insurance that names the City as Additional Insured:
o a) Certificate of Insurance, AND
o b) Additional Insured Endorsement form.
 Obtain event Business License(s) for vendors. Provide vendor lists, as appropriate.  Make event notifications as required by Police or Public Works.  Receive fully executed agreement from the City. (Your event is NOT approved until you receive a fully executed agreement from the City.)
City of Yreka
701 Fourth Street • Yreka, CA 96097
(530) 841-2386 • FAX (530) 842-4836
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1 RESOLUTION NO. 2023- ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

APPROVING REQUESTS ASSOCIATED WITH SPECIAL EVENT

OF THE ROTARY CLUB OF YREKA KNOWN AS THE

SISKIYOU SCENIC BICYCLE TOUR
TO BE HELD ON MAY 17, MAY 18, AND MAY 19, 2024
WHEREAS, the city, a municipal corporation, is the owner of certain lands within the City of Yreka which are operated by the City as public municipal facilities, and, WHEREAS, the Rotary Club of Yreka desires to sponsor the Siskiyou Scenic Bicycle Tour, formerly known as the Siskiyou Century, on the dates of Friday, May 17, 2024, Saturday, May 18, 2024, and Sunday, May 19, 2024, at Greenhorn Park, which is City property; and,
WHEREAS, the sponsor requests use of portions of Lower and Upper Greenhorn Park for the event; and,
WHEREAS, the following provisions of the Yreka Municipal Code [YMC] are implicated by this event:
 Business License - YMC Section 5.04
 Park Regulations - YMC Chapter 9.50
 Vehicle controls- YMC Chapter 10.73
 Sound Amplifying Devices-YMC Chapter 9.28
 Temporary Signs-YMC Section 13.16.020(d)
 Camping in Public Parks - YMC Section 9.50.020
WHEREAS, pursuant to YMC Section 9.50.120, in order to promote the safety, comfort and convenience of persons using any park or recreation area, the City Council may from time to time by resolution adopt rules and regulations not inconsistent with the provisions of Chapter 9.50 of the Yreka Municipal Code and make the same applicable generally or to a particular park or recreation area or portion thereof. Such rules and regulations may include regulating the speed of vehicles, establishing campsites, parking areas and areas where parking or driving of vehicles is prohibited, areas where certain games or activities are prohibited, and such other rules and regulations as in the opinion of the council are necessary for the safety, comfort and convenience of persons using such park or recreation area; and,
WHEREAS, this event will not include the installation of any structures, it will feature overnight camping on City property during the event by the race participants only; and, WHEREAS, there do not appear to be any restraints or use permits required for this activity under the zoning ordinance, as this is not a "use" as contemplated by the zoning law; and,
WHEREAS, the Chief of Police has been consulted and is available for appropriate 86 86 of 118
2 determinations and arrangements with the Rotary Club of Yreka in connection with this event; and,
WHEREAS, pursuant to Title 14 of the California Code of Regulations, Section 1506l(b)(3) it has been found that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment; and WHEREAS, the City Council has determined it would be in the best interests of the City to approve and authorize the action outlined in this Resolution on the terms and conditions set forth hereafter.

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

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

Section 2. The Council directs as follows:

The Rotary Club of Yreka, sponsor of the Siskiyou Scenic Bicycle Tour ("event sponsor") is granted the use of portions of Lower and Upper Greenhorn Park areas, and in particular those areas designated by the Director of Public Works, for the event, on the dates of Friday, May 17, 2024, Saturday, May 18, 2024 and Sunday, May 19, 2024 under the terms and conditions of the Encroachment Agreement to be negotiated between the event sponsor and the Public Works Department.

Permission is hereby granted for patrons of the event to camp overnight in Upper Greenhorn Park in the areas designated by the Director of Public Works or his designee and to park recreational vehicles overnight in the Parking Lot for the purposes of overnight camping, which is subject the following conditions:
i. No vehicles are allowed on the lawn areas, not even to temporarily unload or load. ii. Only tents without stakes are permitted.
iii. No barbeques are to be placed on the lawns; absolutely no fires are permitted. iv. No vendors are allowed on the lawn areas.
v. The event sponsor shall maintain a clean atmosphere in the park. vi. A refundable deposit of $500 shall be paid to the City prior to the event to cover clean-up costs and/or any possible damage to the park facility.

The event sponsor shall clean up the premises used after the event and shall comply which such other and further direction as may be given by the Director of Public Works or his designee in connection with the event, or as provided in the Encroachment Agreement.

Permission is granted for event sponsor and other vendors, with written approval from event sponsor, to obtain daily business licenses to sell in a recreation area for this event. All vendors, including non-profit organizations, are required to obtain a City of Yreka Daily 87 87 of 118
3 Business License for this specific event. The business license fee is $5.00 per day. Nonprofit organizations or service groups may be eligible for a "fee waiver". All Vendors requesting a fee waiver must submit proof of non-profit status or copy of a letter from a nonprofit organization acknowledging vendor's pledge to donate a percentage (1- 100%) of the proceeds to the non-profit organization.

Event sponsor is granted permission to sell beer in Greenhorn Park during the event subject to the terms and conditions as may be placed by the Alcoholic Beverage Control Board (ABC) and the Chief of Police.

The event sponsor shall provide the City with proof of general liability insurance of not less than $1,000,000 and a separate endorsement naming the City of Yreka as additionally insured specific to the event dates and location, at least 1 week prior to the event. Event sponsor will be responsible and indemnify, defend, and hold harmless the City for acts of the vendors and volunteers within the park.

The event sponsor shall pay for any services required by the Public Works Department.

At the conclusion of the event, the Public Works Department will deduct the fees from any deposit given or submit an invoice to event sponsor for such services in accordance with the fee schedule of the Use and Encroachment Agreement.

The event is subject to the terms and conditions of the Encroachment Agreement regarding the event and the event sponsor shall comply with all other City of Yreka ordinances; and, the event sponsor shall comply with such further conditions and requirements as may be set by the City Manager, Chief of Police, and or the Director of Public Works.

Section 3. The Director of Public Works is authorized to negotiate an encroachment agreement with the Yreka Rotary for the purpose of trail conditioning in preparation for the event.

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

Section 5. The City Manager, the Chief of Police, the Director of Public Works and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents, and certificates, and to perform such other acts and deeds, as may be necessary or convenient to affect the purposes of this Resolution and the transactions herein authorized.

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

Passed and adopted this 18th day of July 2023 by the following vote:
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4 AYES:

NAYS:

ABSENT:

ABSTAIN: ___________________________
Corey Middleton
Mayor of the City of Yreka
Attest: ____________________________
Rhetta Hogan
City Clerk
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Siskiyou Scenic Bicycle Tour Special Use Agreement, 2022 1 TEMPORARY USE AND ENCROACHMENT AGREEMENT
This Encroachment Agreement is made and entered into on this 18 day of July, 2023 by and between YREKA ROTARY, hereinafter referred to as "Permittee" and the City of Yreka, a municipal corporation, hereinafter referred to as "City".

RECITALS:

Whereas, the City Council of the City of Yreka has adopted Resolution No. 2023-30 (“Resolution”) in connection with an event to be hosted by Permittee as described in that Resolution, which is attached hereto as Exhibit “A” and made a part hereof by this reference; and Whereas, Permittee is duly organized and existing under the laws of the State of California and is authorized to do business in the State of California, as a service club organization; and Whereas Permittee desires to host an event called the “Siskiyou Scenic Bicycle Tour”, which is a bicycle event, and to hold the event on the City property known as Greenhorn Park; (hereafter “Event”); and
Whereas, Permittee has requested the use of Greenhorn Park for the period referenced below for the purpose of hosting this event in the Yreka area and anticipating the attendance of 350 cyclists; and Whereas, Permittee warrants that this event is officially sanctioned by Yreka Rotary, who will provide insurance for vendors in the park; and
Whereas, Permittee shall be using the Park grounds for overnight camping and event activities.

The use shall include, but is not limited to, the preparation of food, sleeping and all other regular camping activities; and
Whereas, the parties desire to establish the conditions for use and maintenance of the City’s property in connection with the event.

1. Said encroachment shall include:
 Upper Greenhorn Park, Upper Lawn and gazebo
 Lower Greenhorn Park and parking lot
 Trails on Hills and Sites along the Perimeter of Greenhorn Park  Other areas as described by map attached as Exhibit “C”.  Vendor alcohol sales
 Overnight camping
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Siskiyou Scenic Bicycle Tour Special Use Agreement, 2022 2 This encroachment shall be exclusive to Permittee during the period of the use, excepting that the public may otherwise enter the Park and may make use of the Park, and no charge shall be collected by Permittee from the public therefore. For public safety, Permittee shall have the authority to limit the general public’s use of the Hills and Sites Permittee intends to use for event activities. This authority shall be limited to the times and areas of actual use by Permittee, and to the extent necessary to keep the public safe.

For the purpose of public safety and traffic control, City grants Permittee exclusive control of the Lower Greenhorn Parking lot. (For vehicle parking for patrons; see paragraph 2 xiv). Permittee may require any vehicle entering at that point to pay the gate fee established by Permittee for the event, and Permittee may direct that only certain vehicles may park in that area. Permittee shall require parking spaces and clear access to be available continuously during the event for emergency vehicles and handicapped parking. Permittee shall not allow parking outside of striped spaces in the parking lot.

Permittee shall assure that no parking is permitted in the area on the north side of Ranch Lane, in the location of the Greenhorn Grange.

2. The encroachment shall occur during the period of 3:00 PM ON FRIDAY, MAY 17, 2024, THROUGH 5:00 PM ON SUNDAY, MAY 19, 2024 except as stated in Section i. below, or as the parties may otherwise agree. In consideration for the use described herein, Permittee has deposited $500.00. Said encroachment is permitted on the following further conditions:
i. The Permittee is allowed vehicular access to park trails for the sole purpose of assisting with the removal of trees, logs, and other debris encountered during trail preparation. Access shall be coordinated with the Maintenance Manager in the Public Works Department. No vehicles are allowed on grass areas.
ii Upon proof of non-profit status, Permittee shall receive a City of Yreka business license for Permittee’s sponsoring the event, and the City Council has authorized upon such proof that the licensed activity is exempt from tax.
iii. Permittee may allow food and beverage vendors by giving written approval to City for specific vendors to obtain daily business licenses to sell in a recreation area for this event. All vendors, including non-profit organizations, are required to obtain a City of Yreka Daily Business License for this specific event. Non-profit organization/service groups may be eligible for a “fee waiver”. Permittee will indemnify and hold harmless the City for acts of the vendors. iv. Permittee shall require all vendors present during the event and participating as a “merchant” to adhere to the requirements of City of Yreka Municipal Code Section 5.04.110 five dollar a day class. Such vendors shall obtain the license on the City’s Special Event License form no later than 3-days prior to the event.
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Siskiyou Scenic Bicycle Tour Special Use Agreement, 2022 3 v. Lawn Area Restrictions:
 No vehicles are allowed on the lawn areas, not even temporarily for unloading or loading purposes.
 Tents with stakes are NOT permitted on the lawn areas.  No barbeques are to be placed on the lawns, no fires are permitted.  No vendors are allowed on the lawn areas.
 Permittee shall assure that no divots or other removals of lawn or sod occur by Permittee or event participants.
vi. Consumption of alcoholic beverages may occur by patrons of the event. No person under the age of 21 shall be allowed to consume alcoholic beverages. In accordance with City of Yreka Municipal Code 9.60.110 (Ord. No. 851 § 1), alcoholic beverages shall not be possessed or consumed within 10 feet of Greenhorn Park public playgrounds. Alcoholic beverage sales shall be in conformance with Alcoholic Beverage Control Board (ABC) and Chief of Police requirements. Permittee will cooperate with the City Police Department to facilitate patrols of the Park, as determined by the Chief of Police.
vii. Patrons of the event may bring dogs or cats, so long as the dogs or cats remain leashed or kenneled, and under the immediate control of an adult, and patrons with dogs and cats shall immediately clean up their animal’s droppings.
viii. A traffic plan will be developed by Permittee for approval by the Chief of Police by not later than May 6, 2024, which shall allow Emergency Vehicles access to the Park and shall provide that no vehicles shall park on Greenhorn Road. If any barricades are needed for traffic and pedestrian control or other purposes, Permittee shall provide them.

ix. City gives permission to Permittee and Permittee shall post at Greenhorn Park for one week prior to the event notices to the public of the event and this use, which notices are subject to prior approval by the Director of Public Works, or his designee. x. Event activity sites shall be located within the Park as designated by Permittee after consultation with the Director of Public Works or his designee. xi. On-site spigots for drinking water are available for use by patrons of the event. The locations of the Upper Greenhorn spigots are: (1) at Upper Greenhorn by the bridge, (2) at Upper Greenhorn by the fixed tables; (3) at Upper Greenhorn at the playground. The locations of the Lower Greenhorn spigots are: (1) at parking area adjacent to the lawn/picnic area, (2) at rear of log restroom building. Permittee shall maintain all City spigots in a clean and sanitary condition during the event. No cleaning of dishes or cooking shall occur at these spigots. Additional water shall be supplied by Permittee as needed. No disposal of gray water is permitted in the Park. xii. No swimming or boats of any type are allowed in the Reservoir as part of this event.

Permittee acknowledges that the water in the Reservoir is not potable. 92 92 of 118
Siskiyou Scenic Bicycle Tour Special Use Agreement, 2022 4 xiii. Permittee is responsible for clean-up and/or any possible damage to the park facility. The damage deposit made under this Agreement is subject to return to the user only upon approval by the Director of Public Works. In the Director of Public Works’ sole discretion, if there is any damage following the use, the Director of Public Works may apply the entire amount of the damage deposit for the damage. If the deposit is insufficient, Permittee shall pay upon demand by City all costs of clean-up and repair of damage.
xiv. At least three public parking spaces adjacent to the entrance at Lower Greenhorn Park shall be maintained for general park users. All event patrons, with the exception of officials of the organization and emergency response vehicles, shall be directed by the Permittee to park in designated locations.
xv. Permittee shall maintain the premises in a clean and orderly fashion during the event and shall clean up the premises of the Park and the Parking Lots after the event, including all restroom facilities, and shall comply which such other and further reasonable direction as may be given by the Director of Public Works or his designee in connection with the event, and Permittee shall have a reasonable period of time to comply with said direction. xvi. To maintain orderly and clean premises, Permittee shall contract, either with the City or with a private contractor for the daily collection of trash at the Park during the event, and Permittee shall provide adequate trash containers for the attendance estimated which shall be maintained on the site and picked up upon at the conclusion of the event. Permittee may use a third-party vendor for the purpose of additional on–site trash containment and removal. The trash receptacles shall be of sufficient size to accommodate the trash for the entire period of the event. Permittee shall contract for the removal of all trash from the event site so that the trash is removed by noon on the Sunday immediately after the event, or such other time as the parties agree in writing. Permittee shall use its best efforts to remove any and all equipment and property hired by Permittee for the event, promptly following the end of the event activities.

City has no responsibility for the security of such equipment. xvii. On-site restrooms shall remain open during event. Permittee is responsible for maintaining the on-site restrooms in a clean and sanitary condition during the event and stocking depleted supplies as they are used. Additional portable toilets shall be provided by Permittee which shall be installed by not later than 11:00 AM on the Friday immediately prior to the event and shall be maintained to provide service for a minimum of 1 portable restrooms per 100 persons, which Permittee shall cause to be serviced at least twice during the period of the event and shall Permittee shall cause the prompt removal of the facilities by noon the Sunday immediately after the event or such other time as the parties agree in writing. Permittee shall cause these additional facilities to be placed in convenient areas, not all in one group, to provide suitable access to facilities for event attendees. Location of said portable toilets must be approved by the Director of Public Works, or his designee. xviii. The parties agree any source of Media to promote the event is usable as long as it done in a professional and tasteful manner and coordinated through Permittee. 93 93 of 118
Siskiyou Scenic Bicycle Tour Special Use Agreement, 2022 5 xix. Permittee shall designate a location for First Aid/emergency response vehicle parking and facilities and shall provide that information to the Chief of Police by not later than May 6, 2024.

By that same date, Permittee shall designate a person who shall be responsible for security and point of contact for the Chief of Police during the event and shall provide contact information including cell phone numbers.
xx. Permittee shall comply with City of Yreka ordinances and with such further conditions and requirements as may be set by the City Manager or his designee. This provision shall only apply upon actual notice of the conditions and requirements being received by the Permittee, with a reasonable time to comply, unless an emergency or urgent need arises. Permittee shall provide City with the name and cell phone number and other appropriate contact information of the persons designated by Permittee to receive notice under this provision. It is Permittee’s responsibility to assure that the designated persons are actually available and on site and can actually be notified in the event of a need for notification; a failure to do so, constitutes waiver of any notice required under this Permit.
xxi. Permittee shall repair or replace any damage caused to city property by the activities conducted pursuant to this permit, at permittee’s sole expense, within 10 days of notification from the city. If damage is not repaired within this period, the City will complete repairs and deduct the costs from the deposit. If costs exceed the deposit, Permittee will be billed for the actual costs in excess of the deposit and agrees to promptly pay such invoice. xxii. Permittee shall provide adequate provisions for the protection for the public and ensure minimum interference with pedestrian and traffic at all times during the existence of the encroachment. Warning signs, lights, and safety devices and/or other measures required for the public safety shall conform to the requirements of the City. xxiii. The event sponsor shall pay for any services required by Public Works Department. At the conclusion of the event, the Public Works Department will deduct the fees for its services from any deposit given or submit an invoice to event sponsor for such services in accordance with the fee schedule attached hereto and incorporated herein as Exhibit D.

3. Permittee shall indemnify, defend, and hold harmless the City, its officials, officers, agents, or employees from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, arising from Permittee’s activities in connection with this Encroachment Agreement, excepting only those actions, claims, liabilities, obligations, judgments, or damages, arising out of the sole negligence of the City. Permittee’s activities are defined to include any vendor participating in the event at permittee’s request and consent. Permittee shall also indemnify, defend and hold City, its officials, officers, agents and employees free and harmless from any claims for injuries or damages in connection with any claim for Workers’ Compensation associated with the activities of Permittee, volunteers, vendors, or contractors covered by this Permit.

4. Permittee shall provide the City with proof of general liability insurance of not less than $1,000,000 along with a certificate naming the City of Yreka as additional insured specific to the event 94 94 of 118
Siskiyou Scenic Bicycle Tour Special Use Agreement, 2022 6 dates and location to include coverage for acts of participants, volunteers, vendors, and spectators, to satisfy the conditions set forth in Exhibit “B”.

5. During the term of the Permit, Permittee shall comply with all other City of Yreka ordinances, with all applicable federal, state, and local laws, statutes, rules, regulations, resolutions, and policies, both now existing and as amended in the future, including but not limited to the Americans with Disabilities Act. Permittee shall use its best efforts to notify event participants of all the conditions set forth herein to assure the proper use and maintenance of the Park.

6. This Permit is binding upon Permittee’s successors and assigns. This Permit does not constitute a deed or grant of any easement by the City, and is transferable or assignable only with the prior written permission of the City, and is revocable at any time with or without notice by the City at its sole discretion.

7. This Permit is immediately revoked upon breach of the terms of this Use Agreement or the cessation or termination of Permittee’s operation at the location for which this Permit is issued.

8. Permittee, by accepting this Permit, guarantees the prompt removal of any and all structures, personal property or equipment permitted and/or located within the public property subject to this Permit upon the end of the use or upon notification from the City that this Permit has been revoked.

9. This Permit shall not become effective until receipt by the City of a copy of this Permit with properly signed endorsements accepting the same, subject to terms and conditions contained herein.

10. This Permit is issued with the understanding that any particular action is not to be considered as establishing any precedent: (1) on the question of permitting any certain kind of encroachment to be erected upon City property; or (2) as to the acceptability of any such permits for any other or future situation. A violation of any of the conditions set forth in Paragraph 2 may result in an immediate termination of this Use Agreement.

11. The person signing on behalf of Permittee warrants that he or she or it has the full right and authority to enter into this Agreement on behalf of Permittee.

Delivery of any notices, bill, invoice, or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows:

City Permittee
City Manager Rotary Club of Yreka
701 Fourth Street PO Box 942
Yreka, CA 96097 Yreka, CA 96097

12. As well as the conditions contained in Paragraph 2 of this Use Agreement, Permittee warrants and agrees if for any reason (1) the City terminates this Use Agreement pursuant to the terms hereof, or (2) the Rotary Club of Yreka should remove its endorsement and/or sanction of this event, whether before the event or during the event, the event shall be forthwith terminated and Permittee shall 95 95 of 118
Siskiyou Scenic Bicycle Tour Special Use Agreement, 2022 7 cause Upper Greenhorn Park to be vacated by all attendees of the event within six (6) hours of the removal of such endorsement or sanction and Permittee shall immediately thereupon conform to the conditions set forth in this Agreement.

IN WITNESS WHEREOF, this Agreement is executed on the date first above written.

City of Yreka PERMITTEE: ROTARY CLUB OF YREKA
By: By:
____________________________ ___________________________________ Jason Ledbetter, City Manager Christal Duncan
Ride Coordinator
Attest:
_____________________________
Rhetta Hogan, City Clerk
Exhibit A – Resolution 2023-30 approving event and Letter of Request Exhibit B – Special Event Letter of Request
Exhibit C – City of Yreka Insurance Requirements for Use or Rental of City Facilities Exhibit D – Course Maps
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Siskiyou Scenic Bicycle Tour Special Use Agreement, 2022 EXHIBIT “A”
Resolution approving Event
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Siskiyou Scenic Bicycle Tour Special Use Agreement, 2022 EXHIBIT “B”
Special Event Letter of Request
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Siskiyou Scenic Bicycle Tour Special Use Agreement, 2022 EXHIBIT “C”
CITY OF YREKA Insurance Requirements for Use /Rental of Facilities For Event Sponsors (Use/Rental of City Facilities)
Sponsor shall procure and maintain for the duration of the rental period insurance against claims for injuries to persons or damages to property which may arise from or in connection with the rental of the facilities and the activities of the sponsor, his guests, agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

If the Sponsor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Sponsor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the rental of the facility, work or operations performed by or on behalf of the Sponsor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Sponsor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Sponsor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Sponsor’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.

Waiver of Subrogation
Sponsor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Sponsor may acquire against the Entity by virtue of the payment of any loss under such insurance. Sponsor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
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Siskiyou Scenic Bicycle Tour Special Use Agreement, 2022 Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Verification of Coverage
Sponsor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. All certificates and endorsements are to be received and approved by the Entity at least five days before Sponsor commences activities.

Liquor Liability
If Sponsor will be supplying alcoholic beverages, the general liability insurance shall include host liquor liability coverage. If Sponsor is using a caterer or other vendor to supply alcohol that vendor must have liquor liability coverage. If Sponsor intends to sell alcohol either the Sponsor or vendor providing the alcohol for sale must have a valid liquor sales license and liquor liability insurance covering the sale of alcohol.

Homeowners Insurance
In some cases, the Sponsor’s homeowner’s liability insurance may provide coverage sufficient to meet these requirements. Sponsor should provide these requirements to his or her agent to confirm and provide verification to the Entity.

Special Events Coverage
Special events coverage is available for an additional fee to provide the liability insurance required by this agreement. Sponsor can obtain additional information and cost from Entity.

Special Risks or Circumstances
Entity reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.

Alliant Insurance Manual 2021 Version
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Siskiyou Scenic Bicycle Tour Special Use Agreement, 2022 EXHIBIT “D”

PARK USE AND COURSE MAPS
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
YrekaCity Council
Jason Ledbetter, City Manager
Jesenia Ortiz, Fiscal & Admin Tech
Discussion/Possible Action: Adopt a Resolution Approving Requests Associated with the Special Event Known as the National Night Out to be held on the date of Tuesday, August 1, 2023.

July 18, 2023
Discussion:

Jess Harris has submitted the attached request on behalf of Siskiyou County Gun Owners:

Chapter of CRPA to hold National Night Out on the date of Tuesday, August 1, 2023, from 4:00 pm to 8:00 pm.

National Night Out is a public event that encourages positive interaction between the community and local law enforcement officers and agencies. Jess Harris is requesting in-kind labor incurred by the Public Works Department for street closures. Ben Miller, Public Works Maintenance Manager estimates street closure staffing and equipment costs to be $707. Jess Harris is providing insurance coverage for the event.

Fiscal Impact:

There will be in-kind labor costs incurred by the Public Works Department for street closures estimated to be $706.88.

Recommendation and Requested Action:

A motion to Adopt Resolution Approving Street Closures and Request to appropriate in-kind services for the Siskiyou County Gun Owners: Chapter of CRPA event known as National Night Out.
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1 RESOLUTION NO. 2023-31

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

APPROVING REQUESTS ASSOCIATED WITH THE SPECIAL EVENT KNOWN AS THE "NATIONAL NIGHT OUT" TO BE HELD ON TUESDAY, AUGUST 1, 2023.

WHEREAS the City, a municipal corporation, is the owner of certain lands within the City of Yreka-which are operated by the City as public municipal facilities, and, WHEREAS Jess Harris representing SISKIYOU COUNTY GUN OWNERS: CHAPTER OF CRPA (hereafter also referred to as "event sponsor") and other local law enforcement desire to sponsor an event known as the "National Night Out" event; and,
WHEREAS due to the proposed plan submitted for the event, the event sponsor has demonstrated that the following provisions of the Yreka Municipal Code [YMC] are not adversely implicated by this event:

Vehicle controls – YMC Chapter 10.73,
Sound Amplifying Devices-YMC Chapter 9.28,
Temporary Signs-YMC Section 13.16.020(d),
WHEREAS, the event sponsor requests the use of the community event barricades, and the temporary closure city streets; and,
WHEREAS, pursuant to Government Code Section 2110l(e) the City Council has authority to designate by resolution a temporary closing of a through street where the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and, WHEREAS the City Council finds that the temporary closing of city streets is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and, WHEREAS event sponsor has demonstrated to the City that the event will not disrupt traffic within the city beyond practical solution; will not interfere with access to fire stations and fire hydrants; the location of the special event will not cause undue hardship to adjacent businesses or residents; the event will not require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the city; and
WHEREAS pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment; and WHEREAS, the City Council has determined it would be in the best interests of the City to approve and authorize the action outlined in this Resolution; and

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

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

Section 2. The Council directs as follows:
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2 On August 1, 2023, the requested city streets are ordered temporarily closed to through traffic between the hours of 4:00 pm to 8:00 pm; subject to the terms and conditions as set forth hereafter: Event sponsor shall sign an Encroachment Agreement to that effect prior to any use.

Permission is hereby granted for the use the community event barricades.

The event sponsor will not have any vendors.

The event sponsor shall provide the City with proof of general liability insurance of not less than $1,000,000 and a certificate naming the City of Yreka as additional insured specific to the event dates and location shall be provided by the event sponsor in the amount set by the City's liability insurer, at least 1 week prior to the event.

The event sponsor is responsible to furnish, place and remove all necessary barricades, furnish, place, and remove street closure signs, provide emergency access, cleanup all areas used. Event sponsor shall erect barricades to block traffic effectively and safely on the streets designated for closure. City will provide event sponsor with 22 barricades and event sponsor will procure the balance.

The event sponsor shall not place any paint on the street pavement, curb, gutter, and sidewalk. Any markings on the street pavement, curb, gutter, and sidewalk shall be of a temporary nature and shall be removed by the event sponsor within 7 days after the end of the event.

The event sponsor shall comply with all other City of Yreka ordinances; and the event sponsor shall comply with such further conditions and requirements as may be set by the City Manager or his designee.

The event sponsor is responsible to personally contact each business that may be potentially affected by this street closure prior to the event.

The event sponsor shall be charged for any services required by the Public Works Department in connection with this event. The Director of Public Works is directed to prepare a Use and Encroachment Agreement to be signed by the Event Sponsor setting forth the terms of use in accordance with this Resolution.

Section 3: City Manager is hereby delegated the authority to review and approve or deny event sponsor's requests for participation by other City departments to be part of the event (such as a demonstration), and to fix such terms and condition upon any approval as the City Manager deems appropriate and in the interests of the City of Yreka.

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

Section 5. The City Manager, and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents, and certificates, and to perform such other acts and deeds, as may be necessary or convenient to affect the purposes of this Resolution and the transactions herein authorized.
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3 Section 6. The City Clerk shall forward a copy of this Resolution to the event sponsor. This resolution shall take effect immediately upon its passage.

Passed and adopted this 18nd day of July, 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN: ___________________________
Corey Middleton
Mayor of the City of Yreka
Attest:____________________________
Rhetta Hogan
City Clerk
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USE AND ENCROACHMENT AGREEMENT
This Encroachment Agreement is made and entered into on this 18th day of July, 2023 by and between the Siskiyou County Gun Owners: Chapter of CRPA (“Permittee") and the City of Yreka, a municipal corporation, hereinafter referred to as "City".

RECITALS:

Whereas, the City Council of the City of Yreka adopted Resolution No. 2023-31 (“Resolution”) in connection with an event to be hosted by Permittee as described in that Resolution, which is attached hereto as Exhibit “A” and made a part hereof by this reference; and,
Whereas, the Resolution authorizes the City Manager to fix such additional conditions as necessary to implement the Resolution; and,
Whereas, the parties desire to establish the conditions for use and maintenance of the City’s property in connection with the event.

NOW THEREFORE, in consideration of the undertakings set forth hereafter, a Temporary Encroachment Permit (the “Permit”) is hereby granted to Permittee, to allow Permittee to enter onto City property and use the area shown in the attached map, marked Exhibit “B” and incorporated hereat by this reference, consistent with the provisions of the Resolution and subject to the following additional covenants and conditions:

1. Said encroachment shall include the areas designated in the attached map of the City streets and property (Exhibit B), also described as “Traffic Control Plan.” Permittee understands that the public may enter the event area; the temporary closing of the streets only prohibits vehicle traffic.

2. Said encroachment shall occur on August 1, 2023, or as the parties may agree occur otherwise. Said encroachment is permitted on the conditions set forth in the Resolution and by signing this Agreement, Permittee agrees to abide by all of the terms and conditions of the Resolution and this Agreement.

3. The Permittee shall repair or replace any damage caused to City property by the activities conducted pursuant to this Permit, at Permittee’s sole expense, within 10 days of notification from the City. This Permit notwithstanding, no encroachment may occur without the prior written consent of the city.

4. The Permittee shall provide adequate provisions for the protection for the public and ensure minimum interference with pedestrian and traffic at all times during the existence of the encroachment. Warning signs, lights and safety devices and/or other measures required for the public safety shall conform to the requirements of the City.

5. The City reserves the right to require that the Permittee provide an engineered traffic plan for street and sidewalk closures to ensure that the closure notifications and barricade 111 111 of 118

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placement are completed in accordance with the California Manual of Uniform Traffic Control Devices (MUTCD).

6. Neither the City, nor any of its officials, officers, agents, or employees shall be responsible or liable for injury to persons (including the death of person or persons) or damage to any property by reason of the activities conducted pursuant to this Permit. Said liability and responsibility shall be borne solely by the Permittee. Permittee, by accepting this Permit, agrees to protect, defend, indemnify, and hold the City, its officials, officers, agents and employees, free and harmless from claims for injuries or damages of any kind whatsoever.

Permittee is self-insured and will be primarily liable for Permittee and its employees, agents, contractors, and sub-contractors, and no other insurance effected by City or other insureds will be called on to cover a loss incurred pursuant to the activities of this Permit.

Permittee shall hold City, its officials, officers, agents and employees free and harmless from any claims for injuries or damages in connection with any claim for Workers’ Compensation associated with the activities covered by this Permit.

7. Upon execution of this Agreement Permittee shall provide liability insurance naming the City of Yreka as additionally insured specific to the event dates and location, covering the period of the event, satisfactory to the City and as set forth in Exhibit “C1”. Event sponsor will be responsible and hold harmless the City for acts of the vendors.

8. During the term of the Permit, the Permittee shall comply, and cause attendees of the event to comply, with all other City of Yreka ordinances, with all applicable federal, state, and local laws, statutes, rules, regulations, resolutions, and policies, both now existing and as amended in the future, including but not limited to the Americans with Disabilities Act.

Permittee shall notify event participants of all the conditions set forth herein to assure the proper use and maintenance.

9. This Permit does not constitute a deed or grant of any easement by the City and is transferable or assignable only with the prior written permission of the City. This Permit is revocable at any time with or without notice by the City at its sole discretion. This Permit is immediately revocable upon a violation of the terms of this Use Agreement or the cessation or termination of the Permittee’s operation at the location for which this Permit is issued.

10. This Permit is binding upon the Permittee’s successors and assigns.

11. Permittee, by accepting this Permit, guarantees the prompt removal of any and all structures and/or modifications herein permitted and/or located within the public property subject to this Permit upon notification from the City and at Permittee’s cost.

12. Permittee understands and agrees, by accepting this Permit, that the City has the right to remove the encroachment at its own expense without compensation to the Permittee if necessary for any City purposes.

13. This Permit shall not become effective until receipt by the City of a copy of this Permit with properly signed endorsements accepting the same, subject to terms and conditions contained herein.
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14. This Permit is issued with the understanding that any particular action is not to be considered as establishing any precedent: (1) on the question of permitting any certain kind of encroachment to be erected upon City property; or (2) as to the acceptability of any such permits

15. as to any other or future situation.

IN WITNESS WHEREOF, this Agreement is executed on the date first above written.

City of Yreka PERMITTEE: Event Sponsor

By: ____________________________ By: ___________________________ Jason Ledbetter, Jess Harris, Event Organizer
City Manager Siskiyou County Gun Owners:

Chapter of CRPA

Attest:
_____________________________
Rhetta Hogan, City Clerk
Exhibit A – Authorizing Resolution No. 2023-31 and Request Letter Exhibit B – Traffic Control Plan
Exhibit C1 – Insurance Requirements of City
Exhibit C2 – Certificate of Insurance Coverage and Additional Insured Endorsement 113 113 of 118
Exhibit A:

Authorizing Resolution and Request
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Exhibit B:

Traffic Control Plan
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Exhibit C1:

CITY OF YREKA Insurance Requirements
For Event Sponsors (Use/Rental of City Facilities)
Sponsorshall procure and maintain for the duration of the rental period insurance against claims for injuriesto persons or damagesto property which may arise from or in connection with the rental of the facilities and the activities of the sponsor, his guests, agents, representatives, employees, or subcontractors.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.

Sponsor agrees to obtain any endorsement that may be necessary to affect this waiver of 116 116 of 118
subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

Acceptability of Insurers
Insurance isto be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

HomeownersInsurance
In some cases, the Sponsor’s homeowner’s liability insurance may provide coverage sufficient to meet these requirements. Sponsor should provide these requirements to his or her agent to confirm and provide verification to the Entity.

Special Risks or Circumstances
Entity reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.

Insurance Requirements in Contracts Alliant, 2022 Version 117 117 of 118
EXHIBIT C2:

Certificate of Insurance Coverage and Additional Insured Endorsement 118 118 of 118

Yreka City CouncilJuly 18, 2023

Yreka City Council
July 18, 2023