Agenda — Yreka City Council, August 15, 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
August 15, 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. 2 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 125

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a. 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
b. Conference with real property negotiator (Govt C §54956.8) - Property: APNs 053-651-760 2.35 acres, 056-642-580 5.45 acres, 053-651-820 13.9 acres, 053-642- 590 5.57 acres
- Agency negotiator: Jason Ledbetter
- Negotiating parties: Siskiyou County
- Under negotiation: Price and Terms
c. Conference with real property negotiator (Govt C §54956.8) - Property: 400 S. Foothill, Yreka APN 054-191-290-000
- Agency negotiator: Jason Ledbetter
- Negotiating parties: Siskiyou County
- Under negotiation: Price and Terms
d. Conference with real property negotiator (Govt C §54956.8) - Property: APN 062-031-200-000 (2.08 acres)
- Agency negotiator: Jason Ledbetter
- Negotiating parties: Nor-Cal Products by Pfeiffer Vacuum - Under negotiation: Price and Terms
e. Conference with real property negotiator (Govt C §54956.8) - Property: 108 and 110 W. Miner Street, Yreka (APNs 053-373-040-000 & 053-373-030-000) - Agency negotiator: Jason Ledbetter
- Negotiating parties: Stefano Cipollone
- Under negotiation: Price and Terms

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.
2022 McKinney Fire – A Progress Report One Year Later, City Manager Ledbetter

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.

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Hearing or New Business sections of the 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. 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 July 24, 2023, through August 4, 2023. b. Approval of Minutes of the Regular Meeting held August 1, 2023.

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

8. NEW BUSINESS
City Manager, Jason Ledbetter
a. Title: Special Event Known as the Yreka Night of Lights Sarah Eberenz, with Discover Siskiyou, has submitted a request for temporary street closures for the special event known as the “Yreka Night of Lights” scheduled for Saturday, December 2, 2023.

Recommended City Council Action: Motion to Adopt Resolution 2023-32 Approving Street Closures and Other Requests for the Special Event Known as “Yreka Night of Lights 2023”. b. Title: Special Event Known as Kids Block Party
Kris Taylor, on behalf of Art Among Us, has submitted the attached request for permission to close a portion of W. Miner, Broadway and adjacent streets on Saturday, September 9, 2023, from 6:00am to 4:00pm for the special event known as “Kids Block Party 2023”.

Recommended City Council Action: Motion to Adopt Resolution 2023-33 of the City Council of the City of Yreka Approving Street Closures and other requests for Art Among Us, a special event known as “Kids Block Party 2023” on September 9, 2023.
c. Title: Special Event Known as the “The Divine Masterpiece” Kimberley Presley, on behalf of Liberty Arts, has submitted the attached request for permission to close a portion of W. Miner St. on Saturday, September 9, 2023, from 3:00pm to 9:00pm for the special event known as “The Divine Masterpiece”.
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Recommended City Council Action: Motion to Adopt Resolution 2023-34 Approving Street Closures for Liberty Arts Special Event known as “The Divine Masterpiece”.

Finance Director, Emily Aldrich
d. Title: Appropriations Limit for the City of Yreka for Fiscal Year 2023-2024.

Recommended City Council Action: Motion to Adopt Resolution 2023-35 of the City Council of the City of Yreka Setting Forth the Appropriations Limit for the City of Yreka for Fiscal Year 2023-

24. e. Title: Biannual Budget Adoption for the Fiscal Years Ending June 30, 2024, and 2025 Recommended City Council Action: Motion to Adopt Resolution 2023-36 of the City Council of the City of Yreka Adopting the Biannual Budget for the Fiscal Years Ending June 30, 2024, and June 30, 2025.
f. Title: Jaguar software webRemit Agreement
Jaguar webRemit services will replace the City’s current (premise based) AQ2 remote deposit check clearing services for remote deposit of physical payments to the City. The Jaguar software, like the AQ2 system, continues to allow the City to operate an image scanner device to scan paper checks and/or coupons/stubs creating an image cash letter file to send to our bank. The software will continue to create the accounting (Springbrook) interface posting file. The enhancement lies in this product’s feature of the webRemit capture system, where this is currently processed and archived on the City’s servers.

Recommended City Council Action: Motion to Authorizing the City Manager to enter into an agreement with Jaguar Software webRemit Service Agreement.

City Manager, Jason Ledbetter
g. Title: CalOES JumpStart - Designation of Applicant’s Agent Resolution for Non-State Agencies The City was given a grant award noticed on July 25, 2023, for the CalOES JumpStart Resilience Officer position. Adoption of Resolution 2023-37 allows the City to access $928,496 of grant funds for the Resilience Officer position.

Recommended City Council Action: Motion to Adopt Resolution 2023-37 of the City Council of the City of Yreka, State of California, Designation of Applicant’s Agent Resolution for Non-State Agencies

9. CITY MANAGER/STAFF REPORTS:

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

10. 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.
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11. 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 August 15, 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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PAYMENT AUTHORIZATION
Ratification and Authorization of accounts payable, payroll distribution and payroll tax deposits presented for the Consent Agenda dated:
08/15/23
Date _07/24/23___ ApP.roved By _______ _
Prepared By 0J/l.: ;;;Ji: =" rtf!j)
(Payments issued 07/24/2023 - 08/04/2023)
Date
07/24/23
07/25/23
07/27/23
07/28/23
07/31/23
08/01/23
08/02/23
08/03/23
08/04/23
Description
Check Run
Payroll & Check Run

ACH BATCH & CHECK RUN
Payroll & Check Run

ACH BATCH

ACH BATCH
ACH BATCH & Check Run

CHECK RUN

CHECK RUN
Total Payments
Amount
$6,550.00
$35,532.79
$824.52
$358,523.31
$7,560.52
$201,487.89
$1,711.67
$35,345.08
$62,356.07
$709,891.85
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YREKA CITY COUNCIL MEETING MINUTES
August 1, 2023
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.

1. 6:30PM CALL TO ORDER AND PLEDGE OF ALLEGIANCE:

Meeting was called to order at 6:30PM. Councilmembers Baker, Davis, Kegg, McCoy and Middleton. At the start of the meeting Mayor Middleton announced the removal of item 5.a. Discussion of YMC 2.20.020 Planning Commission, Membership-Appointment-Terms-Vacancies due to the resignation of a Planning Commissioner. City Manager Jason Ledbetter explained the procedure for Planning Commissioner recruit arising from a vacancy.

2. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:

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

Presentation by Finance Director Emily Aldrich (includes distribution of City’s bi-annual budget binder).

Finance Director Emily Aldrich introduced the City’s bi-annual budget that will be brought back at the next regular City Council meeting on August 15, 2023, for discussion and possible adoption.

3. 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 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.

Public comment was heard from Glenn “Tad” White, Dawnmarie Autrey and Donna Bacigalupi.

4. 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 July 10, 2023, through July 21, 2023. b. Approval of Minutes of the Regular Meeting held July 18, 2023. c. Resolution 2023-32 Approving the Destruction of Certain City Records Identified by the Finance Director.

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

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

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

5. NEW BUSINESS:

Yreka City Council, Mayor Middleton
a. Title: Discussion of YMC 2.20.020 Planning Commission, Membership-Appointment-TermsVacancies.

City Council will be discussing and possibly taking action regarding removal of a Planning Commissioner appointment(s) pursuant to YMC 2.20.020 absenteeism.

An announcement was made at the start of the meeting of the removal of item 5.a. due to the resignation of a Planning Commissioner.

6. CITY MANAGER/STAFF REPORTS:

City Manager and Staff may make brief announcements or reports at this time. 46 of 125

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City Manager Ledbetter received word of the Jumpstart OES grant for nearly $1,000,000 funding over 5-years a position to manage and seek hazard mitigation grant funding for the community. The City received word from CalFire of another nearly $1,000,000 grant for air curtain (closed system incinerator/burner). City is continuing to work with consultant on polling and ballot measure language for proposed sales tax initiative to fund the construction of a new fire hall as well as add some paid staff. Staff is recommending a special presentation to reflect one year after the McKinney Fire and its plans moving forward. The City has made employment offers that have been accepted for the open position of staff accountant and planning manager.

City Manager Ledbetter met with City Manager at Shasta Lake City on economic development and interactive website GIS tools (that were discussed at the July 27, 2023 Ad Hoc Communications team). I attended a solid waste JPA meeting where we discussed our interest in getting a planning document for how the county plans are complying with recent composting laws. Assistant City Manager Hogan and I met with Great Northern to discuss the CDBG grant opportunities for the local food bank and devise a strategy to gain funding for the food bank. City is evaluating a Community Resilience Center grant application with the California Strategic Growth Council. The theater roofing bid close today. The city also has a bid notice out for soil cleanup at Foothill and an RFP for engineering design at Ringe Pool. Attended the July 27, 2023, Ad Hoc Communications Committee. City is looking at new joint Homekey project with the County and Karuk tribe.

City Manager Ledbetter will be on vacation next week. The Bluebird property abatement is moving forward.

And Ben Miller has a pickleball plan for the corner of Oregon and Knapp, gain more information and bring that back to council, but I believe it was something that we thought we could implement.

Chief Gilman gave an update on Sunridge project, permits have been received and kick off is next week.

Chief Lemos gave an update on the 4th of July, YPD had 5 dispatched calls, 8 officer initiated calls. There were no fire calls for service.

7. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

Councilmember Baker attended the Ad Hoc Communications meeting on July 27, 2023.

Councilmember Kegg thanked City staff for organizing the dumpster placement at COS near the homeless encampment.

Councilmember McCoy thanked Chief Gilman and his staff for their professionalism.

Councilmember Middleton thanked Finance Director Emily Aldrich for her work on the budget.

8. ADJOURNMENT:

Meeting was adjourned at 7:15PM.
-----------------------------------
Corey Middleton, Mayor
Minutes approved by City Council,
Motion on August 15, 2023
-------------------------------
Rhetta Hogan, City Clerk
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Approved by: __________________________________
Jason Ledbetter, City Manager Page 1 of 1

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Jason Ledbetter, City Manager
Prepared by: Jesenia Ortiz, Fiscal and Administrative Technician Agenda title: Discussion/Possible Actions: Adopt a Resolution 2023-32 Approving Street Closures and Other Requests for the Special Event Known as “Yreka Night of Lights 2023” and City’s Cash Contribution of $10,000.

Meeting date: August 15, 2023
Discussion:

Sarah Eberenz, with Discover Siskiyou, has submitted a request for temporary street closures for the special event known as the “Yreka Night of Lights” scheduled for Saturday, December 2, 2023. The event is being organized by the Discover Siskiyou.

Fiscal Impact:

The event organizer is requesting Ten Thousand Dollars ($10,000.00) and a waiver of the Event Deposit Fee.

There will be labor costs incurred by the Public Works Department for extra trash removal and restroom maintenance due to the increased volume of users during the event. The fiscal impact is estimated to be approximately Seven Hundred and Seven Dollars ($750) for the event.

This amount does not include additional costs that may be incurred by the Yreka Police Department.

Recommendation and Requested Action:

That Council adopt Resolution 2023-32 Approving Street Closures and Other Requests for the Special Event Known as “Yreka Night of Lights 2023” and City’s Cash Contribution of $10,000. 48 of 125
Discover Siskiyou
Sarah Eberenz, 206.850.2311, [email protected]
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Discover Siskiyou
Sarah Eberenz, 206.850.2311, [email protected]
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Gold Rush Days 2023
Traffic Control Plan Revision
Purpose: to allow for staging of trucks and equipment.
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RESOLUTION NO. 2023-32

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

APPROVING STREET CLOSURES AND OTHER REQUESTS FOR THE DISCOVER SISKIYOU SPECIAL EVENT KNOWN AS “YREKA NIGHT OF LIGHTS” WHEREAS, the City, a municipal corporation is the owner of certain lands within City of Yreka which are operated by the City as public municipal facilities, and WHEREAS, the Discover Siskiyou (hereafter also referred to as “event sponsor”) desires to sponsor a special event on Saturday December 2, 2023, known as the Yreka Night of Lights; and
WHEREAS, due to the proposed plan submitted for the events, the event sponsor has demonstrated that the following provisions of the Yreka Municipal Code [YMC] are not adversely implicated by this event:

Vehicle controls – YMC Chapter 10.73,
Sound Amplifying Devices-YMC Chapter 9.28,
Temporary Signs-YMC Section 13.16.020(d),
Alcoholic Beverages – Drinking and Open Containers in Public – YMC Sections

9.60.100 and 9.60.110; and,
WHEREAS, in conjunction with these events, the event sponsor requests temporary closure of certain city streets, a cash contribution of $10,000 from the City, a fee waiver for the event deposit; and services of public works department for a $750 in-kind value.

WHEREAS, pursuant to Government Code Section 21101(e) the City Council has authority to designate by resolution a temporary closing of a through street where the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and,
WHEREAS, the City Council finds that the closing of the requested streets is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and,
WHEREAS, the event sponsor has demonstrated to the City its eligibility under YMC

5.04.160, and that the event will not disrupt traffic within the City beyond practical solution; will not interfere with the access to fire stations and fire hydrants; the location of the special 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 potential for causing a significant effect on the environment; and
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WHEREAS, the City Council has determined it would be in the best interest of the City to approve and authorize the action outlined in this Resolution.

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

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

Section 2. The City Council directs as follows:
a) Temporary Street Closure: On December 2, 2023, City Streets are ordered closed to through traffic in accordance with the request attached as Exhibit “A” subject to the terms and conditions as set forth hereafter and as required by the Department of Public Works. The Department of Public Works shall prepare a Use and Encroachment Agreement to that effect to be executed by the event sponsor prior to any use.
b) Event sponsor is hereby issued a temporary use permit and business license for this event and is exempt from the business license tax. The exemption from the tax shall not apply to vendors at the event unless each vendor can separately demonstrate eligibility for exemption. Event sponsor may add vendors to their event and the City will work with the Event Sponsor to facilitate issuance of the daily business licenses for the event. Event Sponsor will be responsible and hold harmless the City for acts of the vendors.
c) The Event Sponsor shall provide the City with proof of general liability insurance of not less than $1,000,000 and 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 hold harmless the City for acts of volunteers and vendors.
d) The event sponsor shall comply with all other City of Yreka ordinances and shall comply with such further conditions and requirements as may be set by the Chief of Police, Director of Public Works and the Public Works Maintenance Manager. e) 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.
f) The event sponsor is responsible for personally contacting each business that may be potentially affected by this street closure prior to the event. g) The event sponsor shall be charged for any services not expressly waived in this resolution that are required by the Public Works Department in connection with this event.
h) The Department of Public Works is directed to prepare the Use and Encroachment Agreement to be signed by the Event Sponsor setting forth the terms of use in accordance with this Resolution.
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Section 3. It is further resolved, if any section, subsection, part, clause, sentence or phrase of this Resolution or application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Resolution, the application thereof, shall not be effected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.

Section 4. The City Manager, the Chief of Police, Director of Public Works, Public Works Maintenance Manager, and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to affect the purposes of this Resolution and the transactions herein authorized.

Section 5. The City Clerk of the City shall forward a copy of this Resolution to the event sponsor, Chief of Police, the Director of Public Works and the Public Works Maintenance Manager. This Resolution shall take effect immediately upon its passage.

Passed and adopted this 15th day of August 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
________________________
Corey Middleton, Mayor
Attest:__________________
Rhetta Hogan,
City Clerk
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USE AND ENCROACHMENT AGREEMENT
This Encroachment Agreement is made and entered into on this 15th day of August, 2023 by and between Discover Siskiyou (“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. 2023-32 (“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 December 2, 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 57 of 125

Page 2 of 3 ends

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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Page 3 of 3 ends

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, Sarah Eberez, Event Organizer
City Manager Discover Siskiyou
Attest:
_____________________________
Rhetta Hogan, City Clerk
Exhibit A – Authorizing Resolution No. 2023-32 and Request Letter Exhibit B – Traffic Control Plan
Exhibit C1 – Insurance Requirements of City
Exhibit C2 – Certificate of Insurance Coverage and Additional Insured Endorsement 59 of 125
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.

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 62 of 125
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.

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.

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 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.

Insurance Requirements in Contracts Alliant, 2022 Version 63 of 125
EXHIBIT C2:

Certificate of Insurance Coverage and Additional Insured Endorsement 64 of 125
Approved by: __________________________________
Jason Ledbetter, City Manager Page 1 of 1

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To:

From:

Prepared by:

Agenda title:

Meeting date:

Yreka City Council
Jason Ledbetter, City Manager
Jesenia Ortiz, Fiscal & Administrative Technician
Discussion/Possible Actions: A motion to Adopt Resolution 2023-33 of the City Council of the City of Yreka Approving Street Closures and other requests for Art Among Us special event known as “Kids Block Party 2023” on September 9, 2023.

August 15, 2023
Discussion:

Kris Taylor, on behalf of Art Among Us, has submitted the attached request for permission to close a portion of W. Miner, Broadway and adjacent streets on Saturday, September 9, 2023 from 6:00am to 4:00pm for the special event known as “Kids Block Party 2023”.

Fiscal Impact:

There will be in-kind labor and equipment costs incurred by the Public Works Department for street closures, street sweeping, extra trash removal, and restroom maintenance before, during, and after the event ($375.00 estimated value- split cost between 2 events with the same street and event day closures).

Recommendation and Requested Action:

A motion to Adopt Resolution 2023-33 of the City Council of the City of Yreka Approving Street Closures and Other Requests for the Art Among Us special event known as “Kids Block Party 2023”.
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Kris Taylor
Art Among Us
Kids Block Party
320 W. Miner Street
Yreka Ca. 96097
530.598.0075
August 2, 2023
Jason Ledbetter
City of Yreka
701 4th Street
530.841.2326
Dear Mr. Ledbetter
The Kids Block Party hosted over sixty-five booths and demonstrations of art, science and activities at its return in 2022. These booths were facilitated by volunteers and service groups and prepared by Shoppe Serendipity. It was estimated that around 1000 people were in attendance at any given time throughout the event.

This year, The Kids Block Party is requesting to take place on September 9th, 2023, from 10am-2:00 pm. Set up would need to be at 6am (barricades in place) and clean up ending at 3:30pm.

It is respectfully requested that the streets of Miner, Broadway and adjacent streets be closed for the one day, Kids Block Party event. (please see enclosed master map). In addition, all requirements and engineering required by Cal-Trans will be secured and is currently in the process of completion.

It is also requested that the City of Yreka waive each event’s labor fee if possible.

These fees create a hardship, as most of the event is free to the public. (exception being specialty guests and features).

In addition, in conversation with Jerry Lemos, Yreka Fire Chief, it would be possible to again bring back the Yreka Fire Department Water play area. In the past, the main attraction was the large fire hose, from the Yreka Fire Department, that was hung out over the ladder and into the street- it rained down for children and adults alike, to run through, play and cool down. I’m sure you can imagine how much this created a real community feel and nostalgic atmosphere.

Lastly, it is requested that the bathroom facilities in the city plaza, next to Liberty Arts, are open during the event hours.
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The Kids Block Party will clean up the event grounds and dispose of all waste into the trash receptacles.

Shoppe Serendipity is continuing to be a major sponsor, however, Art Amount Us is the event coordinator. Art Among Us has become a fiscal sponsorship of The Siskiyou County Arts Council (SCAC). This very common practice allows Art Among Us to work under SCAC’s 501c3 non-profit status as they are the main sponsor of the Art Amount Us.

Thank you for your consideration in this matter,
Kris Taylor
Art Among Us
Shoppe Serendipity Gallery
Kids Block Party
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RESOLUTION NO. 2023-33

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

APPROVING STREET CLOSURES FOR THE ART AMONG US SPECIAL EVENT KNOWN AS “KIDS BLOCK PARTY 2023”
WHEREAS, the City, a municipal corporation is the owner of certain lands within City of Yreka which are operated by the City as public municipal facilities, and WHEREAS, Kris Taylor on behalf of Art Among Us (hereafter also referred to as “event sponsor”) desires to sponsor a special event on Saturday September 9, 2023, known as Kids Block Party 2023; and
WHEREAS, due to the proposed plan submitted for the events, the event sponsor has demonstrated that the following provisions of the Yreka Municipal Code [YMC] are not adversely implicated by this event:

Vehicle controls – YMC Chapter 10.73,
Sound Amplifying Devices-YMC Chapter 9.28,
Temporary Signs-YMC Section 13.16.020(d),
WHEREAS, in conjunction with these events, the event sponsor requests temporary closure of certain city streets,
WHEREAS, pursuant to Government Code Section 21101(e) the City Council has authority to designate by resolution a temporary closing of a through street where the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and,
WHEREAS, the City Council finds that the closing of the requested streets is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and,
WHEREAS, the event sponsor has demonstrated to the City its eligibility under YMC

5.04.160, and that the event will not disrupt traffic within the City beyond practical solution; will not interfere with the access to fire stations and fire hydrants; the location of the special 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 potential for causing a significant effect on the environment; and
WHEREAS, the City Council has determined it would be in the best interest of the City to approve and authorize the action outlined in this Resolution. 69 of 125

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 City Council directs as follows:
a) Temporary Street Closure: On September 9, 2023, City Streets are ordered closed to through traffic in accordance with the request attached as Exhibit “A” subject to the terms and conditions as set forth hereafter and as required by the Department of Public Works. The Department of Public Works shall prepare a Use and Encroachment Agreement to that effect to be executed by the event sponsor prior to any use.
b) Event sponsor is hereby issued a temporary use permit and business license for this event and is exempt from the business license tax. The exemption from the tax shall not apply to vendors at the event unless each vendor can separately demonstrate eligibility for exemption. Event sponsor may NOT add vendors to their event. Event sponsor will be responsible and hold harmless the City for acts of the vendors.
c) The event sponsor shall provide the City with proof of general liability insurance of not less than $1,000,000 and 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 hold harmless the City for acts of volunteers and vendors.
d) The event sponsor shall comply with all other City of Yreka ordinances and shall comply with such further conditions and requirements as may be set by the Chief of Police, Director of Public Works and the Public Works Maintenance Manager. e) 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.
f) The event sponsor is responsible for personally contacting each business that may be potentially affected by this street closure prior to the event. g) The event sponsor shall be charged for any services not expressly waived in this resolution that are required by the Public Works Department in connection with this event.
h) The Department of Public Works is directed to prepare the Use and Encroachment Agreement to be signed by the Event sponsor setting forth the terms of use in accordance with this Resolution.

Section 3. It is further resolved, if any section, subsection, part, clause, sentence or phrase of this Resolution or 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 70 of 125
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 Clerk of the City shall forward a copy of this Resolution to the event sponsor, Chief of Police, the Director of Public Works, and the Public Works Maintenance Manager. This Resolution shall take effect immediately upon its passage.

Passed and adopted this 15th day of August 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
________________________
Corey Middleton, Mayor
Attest:__________________
Rhetta Hogan,
City Clerk
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Page 1 of 3 ends

USE AND ENCROACHMENT AGREEMENT
This Encroachment Agreement is made and entered into on this ______ day of ______, 2023 by and between Kris Taylor on behalf of Art Among Us (“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. 2023-33 (“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.

2. Said encroachment shall occur on September 9, 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.

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 72 of 125

Page 2 of 3 ends

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

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

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

Page 3 of 3 ends

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, Kris Taylor, Event Organizer
City Manager Art Among Us
Attest:
_____________________________
Rhetta Hogan, City Clerk
Exhibit A – Authorizing Resolution No. 2023-33 and Request Letter Exhibit B – Traffic Control Plan
Exhibit C1 – Insurance Requirements of City
Exhibit C2 – Certificate of Insurance Coverage and Additional Insured Endorsement 74 of 125
Exhibit A:

Authorizing Resolution and Request
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Exhibit B:

Traffic Control Plan
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Exhibit C1:

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 77 of 125
subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

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 78 of 125
EXHIBIT C2:

Certificate of Insurance Coverage and Additional Insured Endorsement 79 of 125

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To:

From:

Prepared by:

Agenda title:

Meeting date:

Yreka City Council
Jason Ledbetter, City Manager
Jesenia Ortiz, Fiscal & Administrative Technician
Discussion/Possible Actions: A motion to Adopt Resolution 2023-34 of the City Council of the City of Yreka Approving Street Closures for Liberty Arts event known as “The Divine Masterpiece”.

August 15, 2023
Discussion:

Kimberley Presley, on behalf of Liberty Arts, has submitted a request for permission to close a portion of W. Miner St. on Saturday, September 9, 2023, from 3:00pm to 9:00pm for the special event known as “The Divine Masterpiece”.

The encroachment permit is for their biennial fashion show, where the runway event begins at 7PM and after party reception at 9PM will be in the Miner Street Plaza.

Fiscal Impact:

Recommendation and Requested Action:

A motion to Adopt Resolution 2023-34 of the City Council of the City of Yreka Approving Street Closures and Other Requests for Liberty Arts special event known as “The Divine Masterpiece”. 80 of 125
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RESOLUTION NO. 2023-34

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

APPROVING STREET CLOSURES FOR LIBERTY ARTS SPECIAL EVENT KNOWN AS “THE DIVINE MASTERPIECE”
WHEREAS, the City, a municipal corporation is the owner of certain lands within City of Yreka which are operated by the City as public municipal facilities, and WHEREAS, Liberty Arts (hereafter also referred to as “event sponsor”) desires to sponsor a special event on Saturday September 9, 2023, known as The Divine Masterpiece; and
WHEREAS, due to the proposed plan submitted for the events, the event sponsor has demonstrated that the following provisions of the Yreka Municipal Code [YMC] are not adversely implicated by this event:

9.60.100 and 9.60.110; and,
WHEREAS, in conjunction with these events, the event sponsor requests temporary closure of certain city streets,
WHEREAS, pursuant to Government Code Section 21101(e) the City Council has authority to designate by resolution a temporary closing of a through street where the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and,
WHEREAS, the City Council finds that the closing of the requested streets is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and,
WHEREAS, the event sponsor has demonstrated to the City its eligibility under YMC

5.04.160, and that the event will not disrupt traffic within the City beyond practical solution; will not interfere with the access to fire stations and fire hydrants; the location of the special 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 potential for causing a significant effect on the environment; and
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WHEREAS, the City Council has determined it would be in the best interest of the City to approve and authorize the action outlined in this Resolution.

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

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

Section 2. The City Council directs as follows:
a) Temporary Street Closure: On September 9, 2023, City Streets are ordered closed to through traffic in accordance with the request attached as Exhibit “A” subject to the terms and conditions as set forth hereafter and as required by the Department of Public Works. The Department of Public Works shall prepare a Use and Encroachment Agreement to that effect to be executed by the event sponsor prior to any use.
b) A permit is granted for the Exclusive Use of the Downtown Plaza located at the corner of Miner Street and N. Broadway Street for the Special Event. Event sponsor will be required to install reservation signs in the Plaza for the event. c) Liberty Arts is hereby issued a temporary use permit and business license for this event and is exempt from the business license tax. The exemption from the tax shall not apply to vendors at the event unless each vendor can separately demonstrate eligibility for exemption. Liberty Arts may add vendors to their event and the City will work with the event sponsor to facilitate issuance of the daily business licenses for the event. Event sponsor will be responsible and hold harmless the City for acts of the vendors.
d) The event sponsor shall provide the City with proof of general liability insurance of not less than $1,000,000 and 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 hold harmless the City for acts of volunteers and vendors.
e) The event sponsor shall comply with all other City of Yreka ordinances and shall comply with such further conditions and requirements as may be set by the Chief of Police, Director of Public Works and the Public Works Maintenance Manager. f) 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.
g) The event sponsor is responsible for personally contacting each business that may be potentially affected by this street closure prior to the event. h) The event sponsor shall be charged for any services not expressly waived in this resolution that are required by the Public Works Department in connection with this event.
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i) The Department of Public Works is directed to prepare the Use and Encroachment Agreement to be signed by the Event sponsor setting forth the terms of use in accordance with this Resolution.

Section 3. It is further resolved, if any section, subsection, part, clause, sentence or phrase of this Resolution or 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.

Passed and adopted this 15th day of August 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
________________________
Corey Middleton, Mayor
Attest:__________________
Rhetta Hogan,
City Clerk
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Page 1 of 3 ends

USE AND ENCROACHMENT AGREEMENT
This Encroachment Agreement is made and entered into on this ______ day of ______, 2023 by and between Liberty Arts (“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. 2023-34 (“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.

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 87 of 125

Page 2 of 3 ends

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

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

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

Page 3 of 3 ends

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, Kimberley Presley, Event Organizer
City Manager Liberty Arts
Attest:
_____________________________
Rhetta Hogan, City Clerk
Exhibit A – Authorizing Resolution No. 2023-34 and Request Letter Exhibit B – Traffic Control Plan
Exhibit C1 – Insurance Requirements of City
Exhibit C2 – Certificate of Insurance Coverage and Additional Insured Endorsement 89 of 125
Exhibit A:

Authorizing Resolution and Request
90 of 125
Exhibit B:

Traffic Control Plan
91 of 125
Exhibit C1:

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 92 of 125
subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

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 93 of 125
EXHIBIT C2:

Certificate of Insurance Coverage and Additional Insured Endorsement 94 of 125

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
Prepared by: Emily Aldrich, Finance Director
Agenda title: Adopt Resolution 2023-35 Setting Forth the Appropriations Limit for the City of Yreka for Fiscal Year 2023-2024
Meeting date: August 15, 2023
Discussion:

Article XIIIB of the California Constitution (Article 4) and related implementing legislation provide for an annual "appropriations limit" for each entity of local government and require the governing body of each local jurisdiction to establish its appropriation limit by resolution each year.

The appropriation limit does not apply to the entire City budget but only to the appropriation of "proceeds of taxes" in the City's "general government" type funds.

From 1980-81 to 1989-90, each year's appropriation limit was based on the previous year's limit, multiplied by the percentage change in population and the percentage change in the United States Consumer Price Index or the change in California per capita income, whichever was less. Proposition 111, which was approved by the voters in June 1990, amended the factors used in the calculation of each year's limit. The factors to be used now are:

Population Factor - At the City's option, either the annual change in City or County population.

Price Factor - At the City's option, either the change in California per capita income or increase in non-residential assessed valuation due to new construction.

The formula to be used in calculating the growth rate is:
% change in population + 100.00
100
times either
% change in per capita income + 100.00
100.00
or
Change in non-residential assessments + 100.00
100.00
The resultant rate times the previous appropriation limit equals the new appropriation limit. 95 of 125
2 Both the California per capita personal income price factor and the population percentage change factors are provided by the State Department of Finance (DOF) to local jurisdictions each year. Population percentage change factors estimate changes in the City’s population between January of the previous fiscal year and January of the current fiscal year. These numbers provide the factor to be used in the City’s calculation of the Gann limit.

In May 2023, the State Department of Finance notified each city of the population changes and the per capita personal income factor to be used in determining appropriation limits.

The Finance Director, using the change in per capita income method, has made the following calculation as applied to the City of Yreka for 2023-24 is: The population at January 1 of the previous year compared to January 1, 2023 (DOF Estimates 7,825) is a

1.20% increase. The increase in the California per Capita Income for 2022-23 is 4.44% The factor for determining the year-to-year increase computed as:

1.20 + 100.00 x 4.44 + 100.00 = 1.0569328
100.00 100.00
Applying this year’s factor of 1.0569328 to last year’s limit of $21,307,214, the Gann limit for Fiscal Year 2023-24 is $22,520,293. With appropriations subject to the limit totaling approximately $10,707,289, the City of Yreka is not at risk of exceeding the Gann limit.

Fiscal Impact:

The Gann Limit sets to restrict budgeting expenditures by subjecting an appropriations limit to no more than $22,520,293. The City is budgeting $10,707,289 for expenditures that are subject to the appropriations limit. The City is not at risk of exceeding the limit.

Recommendation and Requested Action:

Adopt Resolution 2023-35 Setting Forth the Appropriations Limit for the City of Yreka for the Fiscal Year 2023-2024.
96 of 125
RESOLUTION NO. 2023-35

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

SETTING FORTH THE APPROPRIATIONS LIMIT FOR THE
CITY OF YREKA FOR FISCAL YEAR 2023-2024
WHEREAS, Article XIII B of the Constitution of the State of California as implemented by SB 1352 of 1980 and amended by Proposition 111 of 1990 specifies that the total annual appropriations limit of the City shall be adjusted for the change in population and the change in cost of living; and WHEREAS, the California State Department of Finance has provided the population estimate for the City of Yreka as of January 1, 2023; to be 7,825 and WHEREAS, the California State Department of Finance has provided the annual percentage change population estimate for the City of Yreka, a increase of

1.20%, and the change in the California per capita personal income, an increase of

4.44%.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Yreka that it does determine that the appropriations limit for Fiscal Year Ending June 30, 2023 is $22,520,293. Appropriations subject to the Gann Limit are $10,707,289.

Passed and adopted this 15th day of August 2023, by the following vote:

AYES:

NAYS:

ABSENT: _________________________
Corey Middleton, Mayor
Approved as to content: ATTEST:
_________________________ _________________________
Emily Aldrich, Finance Director Rhetta Hogan, City Clerk 97 of 125

May 2023
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2023, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2023-24. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2023-24 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.

Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.

Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2023.

Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

JOE SPEPHENSHAW
Director
By:

Erika Li
Chief Deputy Director
Attachment
98 of 125

May 2023
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2023-24 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2023-24 4.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2023-24 appropriation limit.
2023-24:

Per Capita Cost of Living Change = 4.44 percent
Population Change = -0.35 percent
Per Capita Cost of Living converted to a ratio: 4.44 + 100 = 1.0444 100
Population converted to a ratio: -0.35 + 100 = 0.9965
100
Calculation of factor for FY 2023-24: 1.0444 x 0.9965 = 1.0407 99 of 125

0.85 -0.45
-4.33

1.20 -0.28
843
1,672
671
681
1,208
3,188
882
2,815
7,732
23,905
839
1,663
668
678
1,203
3,215
878
2,693
7,825
23,837
839
1,663
668
678
1,203
3,215
878
2,693
7,825
23,886
County Total -0.22 43,597 43,499 43,548
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 100 of 125

0.22 0.18

0.73 -1.17
-0.28
-1.21
-0.81
26,500
18,977
114,553
9,916
28,809
95,894
123,154
17,484
26,180
19,018
114,756
9,988
28,471
95,630
121,658
17,343
26,180
19,018
119,526
9,988
28,471
100,806
121,658
18,102
County Total -0.52 435,287 433,044 443,749
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 101 of 125

Fiscal Year 2023-24
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2022 to January 1, 2023 and Total Population, January 1, 2023 County
City
Percent Change
2022-2023
--- Population Minus Exclusions ---
1-1-22 1-1-23
Total
Population
1-1-2023
Sonoma
Cloverdale
Cotati
Healdsburg
Petaluma
Rohnert Park
Santa Rosa
Sebastopol
Sonoma
Windsor
Unincorporated
-0.92
-0.67
-0.72
-0.39
-0.02
-0.47
-1.14
-1.18
-1.07
-0.58
8,869
7,410
10,993
58,552
43,701
175,351
7,433
10,804
25,836
130,783
8,787
7,360
10,914
58,321
43,693
174,523
7,348
10,677
25,560
130,026
8,787
7,360
10,914
58,321
43,693
174,523
7,348
10,677
25,560
130,991
County Total -0.53 479,732 477,209 478,174
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 102 of 125

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Jason Ledbetter, City Manager
Prepared by: Emily Aldrich, Finance Director
Agenda title: Biannual Budget Adoption for the Fiscal Years Ending June 30, 2024, and 2025
Meeting date: August 15, 2023
Online Budget Docs: http://ci.yreka.ca.us/DocumentCenter/Index/34 Recommended Motion: Motion to Adopt Resolution 2023-36 of the City Council of the City of Yreka Approving the Biannual et for Fiscal Years Ending June 30, 2024, and 2025.

Discussion and Budget Process:

City staff is pleased present to the Council the Biannual Budget for the Fiscal Years Ending June 30, 2023-24 and 2024-25. The budget process this summer included a brief presentation August 1, 2023, followed by a detail review August 3, 2023 with the Finance Committee, as well as individual meetings with Council Members.

Department heads have been involved in the process at a detail level developing departmental budgets and reports. With increasing costs for both salary and benefits the City is remaining focused on the goals of Fire, Housing, Water Security and Fiscal Resiliency.

The budget presented this evening to the City is achievable, but does not include contingencies for equipment breakdown (e.g. HVAC system or file server failure), or additional unforeseen events that will require additional resources. 103 of 125
ADOPTING BUDGET FISCAL YEAR ENDING JUNE 30, 2024 AND 2025 2 Summary of 2023-24:

The budget in 2023-24 reflects some designated reserve spending for one-time projects.

Additional spending in other funds is for capital projects, where reserves were accumulated for those projects and are assigned or restricted to use. 104 of 125
ADOPTING BUDGET FISCAL YEAR ENDING JUNE 30, 2024 AND 2025 3 Summary of 2024-25:

The budget in 2024-25 reflects some designated reserve spending for one-time projects.

Additional spending in other funds is for capital projects, where reserves were accumulated for those projects and are assigned or restricted to use. 105 of 125
ADOPTING BUDGET FISCAL YEAR ENDING JUNE 30, 2024 AND 2025 4 There will be budget revisions throughout the course of the year. The adjustments will reflect changes in revenue projections and emerging needs. It is expected that after the end of the calendar year, staff will make recommendation to the 2023-24 budget, based upon actual operating results and refine projections for 2023-24 that is included in the budget documents for reference.

Fiscal Impact: The budget for the fiscal years ending June 30, 2024:

FY 2023-24
Revenues and Transfers In $33,558,219
Expenses and Transfers Out $37,762,350
The budget for the fiscal years ending June 30, 2025:

FY 2024-25
Revenues and Transfers In $25,751,133
Expenses and Transfers Out $24,926,419
Recommendation and Requested Action:

Discussion and Possible Action to Approve:

Motion to Adopt Resolution 2023-36 of the City Council of the City of Yreka Approving the Biannual Budget for Fiscal Years Ending June 30, 2024, and 2025. 106 of 125
RESOLUTION NO. 2023-36

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF YREKA ADOPTING THE BUDGET FOR FISCAL YEARS ENDING JUNE 30, 2024, AND JUNE 30, 2025
WHEREAS, it is the desire of the City Council to adopt the 2023-24 and 2024-25 annual budget,
NOW THEREFORE, BE IT RESOLVED that, the budget for the fiscal years ending:

FY 2023-24 FY 2024-25
Revenues $33,558,219 $25,751,133
Personnel, Operating, and Capital Outlay $37,762,350 $24,926,419 is hereby adopted and shall be the financial plan for the fiscal year ending June 30, 2024, and June 30, 2025.

Expenditures of City funds are hereby authorized under this budget plan, titled "City of Yreka Biannual Budget for Fiscal Years Ending June 30, 2024, and June 30, 2025 ", and the City Manager is authorized to approve the expenditures set forth in this budget and to make such transfers within major categories of expenditure (Personnel, Capital and Maintenance & Operation) as may be necessitated by changing circumstances. The City Manager is also authorized to execute such contract documents on behalf of the City, which are necessary to implement expenditures approved herein.

Passed and adopted this 15th day of August, 2023 by the following vote:

AYES:

NOES:

ABSENT: ___________________________
Corey Middleton, Mayor
Approved as to content: Attest:
_________________________ ___________________________
Emily Aldrich, Finance Director Rhetta Hogan, City Clerk 107 of 125

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
PREPARED BY: Emily Aldrich, Finance Director
AGENDA TITLE: Jaguar Software webRemit Service Agreement MEETING DATE: Tuesday, August 15, 2023
Discussion:

The City Finance department currently processes check deposits using the Acqu2 system. We process images of physical checks and then upload them for deposit at Mechanic’s Bank. Our current system is being hosted on a physical server maintained by the City. Jaguar software will move that process into the cloud, therefore eliminating the need for the physical server.

Fiscal Impact:

An initial setup and configuration of $2,500, monthly services fee of $560, annually totaling $6,720.

These expenses have been included with the proposed budget.

Recommendation and Requested Action:

Motion Authorizing the City Manager to enter into an agreement with Jaguar Software webRemit Services.
108 of 125
Jaguar Software – webRemit Agreement Page 1 of 11 Initials: Jaguar____________Customer___________ Jaguar Software webRemit SERVICE AGREEMENT
This WebRemit Service Agreement (the "Agreement") governs the use of Jaguar Software’s WebRemit Service (the “Service").

When you use any of the Service(s) described in this Agreement, you agree to the terms and conditions of this Agreement.

For purposes of this Agreement, the words "we," "our," "us," "Jaguar" and other similar terms mean Jaguar Software. “You," Your," "Customer," the “Company” and other similar terms refer to the Customer named below and anyone else authorized by Customer to exercise control over Customer’s deposits through the Service.

A. The Service
The Service allows you to operate an image scanner device to scan paper checks and/or coupons/stubs to create an image cash letter file to send to your Financial Institution and create a posting file for updating your accounting system by using our WebRemit capture system (the “System”), as described below. You may use the System to:

1. Scan checks and/or coupons/stubs into imaged items/transactions.

2. Allow the user to balance these items, making corrections as needed.

3. Make deposits into your bank account designated in Schedule A.

4. Create a posting file in a CSV format designated in Schedule A and provide a method of downloading this file from the System.

There may be services that appear on your screen that have not been approved for you and, therefore, will not be available to you. Also, we may, from time to time, introduce new services. We will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the terms and conditions ofthis Agreement and any updates hereto.

B. Using the System
To use the System, you must provide Jaguar with information for all deposit accounts at your selected financial institution, format of the posting file and a valid e-mail address. Workstations accessing the System must meet the following minimum specifications:

1. 2.8 Ghz Processor or higher

2. 2GB RAM

3. Windows 10 or newer O.S.

4. Google Chrome or Microsoft Edge Browser

5. USB2 connection

6. Updated Antivirus Software
Once we have received your signed WebRemit Services Enrollment Form, we will send you, either by e-mail or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned User ID, Password and Authentication Method. You can add, change or delete any of your Bank accounts or User access from this Agreement by completing a new WebRemit Services Enrollment Form or Change Form.

C. Definitions
The following definitions are used in this Agreement:

1. Financial Institution (FI): An institution with which you have established deposit accounts and are approved for transmitting image deposits originated from the Jaguar Service.

2. Account: Each of your deposit accounts with your Financial Institution into which Checks transmitted electronically will be deposited as shown on Schedule A.

3. ACH Transaction: An electronic payment transaction originated by Customer and processed through the ACH Network in the Federal Reserve System.

4. Administrator: The customer’s employee who has been designated as customer’s primary contact with Jaguarfor the Services and has been appointed by customer to manage the administration of Services access, including passwords, and communicate authorizations to Jaguar.
109 of 125
Jaguar Software – webRemit Agreement Page 2 of 11 Initials: Jaguar____________Customer___________

5. Bank of First Deposit: In a Check 21 Transaction, the financial institution which receives the X9 ICL from Jaguar and transmits the X9 ICl through the Federal Reserve Bank system for transmittal to the Customer’s financial Institution for debit or credit to the Customer’s account.

6. Business Day: A calendar day other than a Saturday or a Sunday, New Years Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day.

7. Check: Includes a draft, payable on demand and drawn on or payable through or at an office of a bank, whether or not negotiable, that is handled for forward collection, including a travelers check; and does not include a non-cash item payable in a medium other than United States dollars. The term Check includes an Original Check and a Substitute Check.

8. Check Image: An electronic image of an Original Check (including a Substitute Check) created by you in connection with the Service.

9. Check 21: The Check for the 21st Century (Check 21) Act and all regulations pertaining to the Check 21 Act.

10. Check 21 Transaction: An electronic payment transaction utilizing a Substitute Check image permitted by Check 21.

11. Confidential Information: The Software programs and documentation used by Jaguar to provide the Services to Customer and passwords and other information or materials of a confidential and proprietary nature that Jaguar provides to Customer under this Agreement.

12. Coupon/Stub: As referred to in this agreement is a payment document scanned with a check creating a transaction. This payment document will be configured at the time of implementation allowing the System to extract required information for balancing and creation of the Posting File.

13. Courseware: Any end user training courseware and materials relating to the use and operation of the Services that Jaguar or a Reseller may provide through classroom training, online training or e-Learning delivery to Customer.

14. CVS File (Comma Separated Value): Refers to an industry standard file format used to create posting or update files for accounting and financial software systems.

15. Equipment. The scanning equipment and telecommunication services required for the Service as we may specify from time to time.

16. Image: The image that results from an electronic scan of a paper check or coupon/stub by Customer.

17. Image Cash Letter (ICL) File X9: Refers to the Federal Reserve Banks standard X9 check image exchange file format.

18. Image Exchange Item. A Check Image cleared and settled directly with a payor financial institution without conversion to a Substitute Check.

19. Item: As used in the agreement is either a check or a coupon/stub which is scanned into the system.

20. ACHA Rules: The then-current rules, regulations and procedural guidelines published by the National Automated Clearing House Association (“NACHA”) and/or all regional payment alliances associated with NACHA.

21. Original Check. A check for any amount in U.S. Dollars drawn on or payable through a U.S. financial institution that has not been previously presented and paid.

22. Reseller: A third party reseller, such as an ISO reseller or Value Added Reseller, appointed and authorized by Jaguar to resell and/or deliver the Services, Equipment and Courseware to Customer.

23. Restricted Transactions. Any of the following transactions or transmittals involving any credit, funds, instrument, or proceeds that Regulation GG (Prohibition on Funding of Unlawful Internet Gambling) prohibits any person engaged in the business of betting or wagering (which does not include the activities of a financial transaction provider, or any interactive computer service or telecommunications service) from knowingly accepting, in connection with the participation of another person in unlawful Internet gambling:
a. Credit, or the proceeds of credit, extended to or on behalf of such other person (including credit extended through the use of a credit card);
b. An electronic funds transfer, or funds transmitted by or through a money transmitting business, or the proceeds of an electronic funds transfer or money transmitting service, from or on behalf of such other person; or 110 of 125
Jaguar Software – webRemit Agreement Page 3 of 11 Initials: Jaguar____________Customer___________ c. Any check, draft, or similar instrument that is drawn by or on behalf of such other person and is drawn on or payable at or through any financial institution.

24. Software: The software provided by us for the creation of Check Images and deposit of Checks.

25. Substitute Check. A special paper copy of the front and back of an Original Check. Substitute checks are specially formatted so they can be processed as if they were Original Checks.

26. System: All information, web-based services, technological infrastructure, equipment and installed software, which allows you to use webRemit through the Internet.

27. Transaction: As referred to in this agreement is a check(s) and a coupon(s)/stub(s) captured in sequence comprising a debit and credit item(s).

D. Your Responsibility When the User ID, Password and Authentication Method are Used In your electronic communications with us, you must use your User ID, Password and Authentication Method to initiate a secure System session with us. You may then use the tools provided by us within the System. You agree that our mutually agreed upon security measures are commercially reasonable.

When we commence your ability to access the System, we will establish access for you using a temporary Password. You will be required to change your Password upon your first login and periodically thereafter. You agree to take appropriate steps to ensure that all User ID's, Passwords, Authentication Methods and any other applicable security procedure issued to its agents, representatives, employees or officers are protected and kept confidential.

Your Password must be at least 8 characters in length and consist of alpha, numeric, and special characters for purposes of security. We recommend that you create a Password that utilizes both upper and lower case characters. Your Password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down. Passwords will expire every 30 days and an active session will time-out after 15 minutes of no activity.

We are entitled to act upon instructions we receive with respect to the Service under your User ID, Password and Authentication Method, and you are liable for all transactions made or authorized with the use of your User ID, Password and Authentication Method. We have no responsibility for establishing the identity of any person who uses your User ID, Password and Authentication Method.

You agree to indemnify and release Jaguar from any and all liability, and agree not to make any claim against Jaguar or bring any action against Jaguar, relating to its honoring or allowing any actions or transactions that were conducted under your User ID, Password and Authentication Method or acting upon messages or authorizations provided to us using your User ID, Password and Authentication Method.

You agree that Jaguar shall not be responsible for any loss, property damage or bodily injury arising out of or resulting from the failure of any person to provide you with access to the System, whether caused by the Equipment, Software, Jaguar, Internet service providers, Internet browsers, or the parties providing communication services to or from us to you.

By directing us, through the use of the System, the Service used in conjunction with your User ID, Password and Authentication Method, you authorize Jaguar to complete the transaction. Any requests or instructions we receive from you through the System using your User ID, Password and Authentication Method shall constitute writings with your signature as provided under all applicable law, and shall have the same force and effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, items deposited, check images, changes to accounts or Service or any other communication you provide us through the System using your User ID, Password and Authentication Method.

Your access to the System will be blocked in the event your User ID, Password and Authentication Method is entered incorrectly on 3 consecutive attempts. If this happens, please call us at (888) 524-7638.

E. Responsibility for Administrators
111 of 125
Jaguar Software – webRemit Agreement Page 4 of 11 Initials: Jaguar____________Customer___________ The System requires you to designate at least one Administrator. You will provide us with your Administrator’s name in this Agreement. The Administrator will be responsible for maintaining your System settings and user security. You must notify us if you terminate or change the Administrator.

The Administrator is then responsible for setting up other users within the Company. You can use the System seven days a week, twenty-four hours a day, although some or all System options may not be available occasionally due to emergency or scheduled system maintenance. We will attempt to post notice of any extended periods of non-availability through the System or website screens.

The Administrator is responsible for assigning all persons ("Authorized Users") with a User ID, Password and Authentication Method and who will be an Authorized User and what (if any) limitations (including what level of activity is appropriate for each Account). Further, the Administrator is responsible for the ability to add, change or delete Authorized Users and reset User IDs and Passwords for Authorized Users. Finally, the Administrator will have full access to your Accounts, as well as any new Accounts you may open in the future which are designated to be accessed via the System.

Jaguar will not control or oversee the Administrator function. If you accept the Administrator function, you agree to this and all action taken by the Administrator, and all such persons are your agent for purposes of use of the System or the Services. You further agree to assume all risks associated with providing User ID's, Passwords and Authentication Methods to your agents, representatives, employees or officers, and to limit the number of User ID's, Passwords and Authentication Methods issued to only those who have a specific need to use the Service. You must establish authorization parameters and/or limits for each person you authorize to use the Service on your behalf.

F. Data Protection
You understand the importance of your role in preventing misuse of your Accounts through the System and you agree to promptly examine your paper statement for each of your Bank Accounts as soon as you receive it. Your User ID, Password and Authentication Method are intended to provide security against unauthorized entry and access to your Accounts. Data transferred via the System is encrypted in an effort to provide transmission security and the System utilizes identification technology to verify that the sender and receiver of System transmissions can be appropriately identified by each other.

Notwithstanding our efforts to insure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others.

We cannot and do not warrant that all data transfers utilizing the System, or e-mail transmitted to and from us, will not be monitored or read by others.

G. Equipment and Software
You will be provided with Equipment (purchased or owned) and Software necessary for you to make deposits through the WebRemit Service. You understand and agree that it is your sole responsibility to operate and maintain the Equipment in accordance with the instructions of the Equipment manufacturer. We recommend regular scanner maintenance as detailed in the Scanner User Guide. You assume sole responsibility for any and all loss, damage or injury to the Equipment or arising from any failure of the Equipment.

We grant you a non-exclusive, non-transferable sublicense to use the Software. You may use the Software on only one computer per installed scanner. The Software may not be provided to another party without Jaguar’s prior written consent. You agree not to use, copy, modify, or distribute the Software except as expressly authorized by Jaguar. You agree not to reverse assemble, reverse compile, or otherwise translate the Software.

We will provide the Service and the System to you on an “as is, as available” basis and WE MAKE NO WARRANTIES, EXPRESS OR

IMPLIED, WITH RESPECT TO THE SERVICE OR SYSTEM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF CUSTOMERABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

H. Posting of Deposits
Deposits initiated through the System will be either forwarded for deposit to your specified Financial Institution or downloaded directly to your workstation. The System will provide you with a running summary of daily deposits submitted to your Financial Institution as confirmation and includes the Deposit ID, date and time of submission, location account, number of items, and the deposit total. It is your responsibility to understand and build into your Company’s transmission schedules the appropriate deadlines necessary to meet the availability schedules of your Financial Institution as set forth in your Electronic Deposit 112 of 125
Jaguar Software – webRemit Agreement Page 5 of 11 Initials: Jaguar____________Customer___________ Agreement with your Financial Institution. In addition, you are responsible for understanding and building into your Company’s transmission schedule the changes in transmission windows required by time changes associated with Daylight Savings Time.

Jaguar is not responsible for funds being posted into your deposit account at your Financial Institution. The System will forward deposit files based on the transmission schedule established by your company and provide the mechanism for you to download those files if needed. Jaguar is not responsible for the processing of these deposit files once they are received by your Financial Institution or downloaded by you and it is your responsibility to confirm the number of deposits and deposit amounts with your Financial Institution to ensure you are receiving proper credit for you deposits.

I. Posting File
Posting Files initiated through the System will be available to download. The Posting File will be formatted as required in your application for the System. It is your responsibility to understand and build into your Company’s operation schedules the appropriate deadlines necessary to meet the availability schedules of your accounting system and to use the Posting File as specified by internal procedures.

Jaguar is not responsible for posting the data into your accounting system. The System will create the Posting File for your company to download using approved procedures.

J. Your Operational Responsibilities

1. Use the System only for your internal business purposes and only with Equipment authorized and approved by us.

2. Implement appropriate internal controls in accordance with this Agreement, or those specifically mandated by us from time to time, at all of your locations where the Service is used, including providing any information regarding operational audits or additional information required or requested by us.

3. Separate duties and other compensating controls, when possible, to help mitigate the risk of one person having responsibility for end to end Service processing.

4. Install and implement any changes and upgrades to the System required by us within 10 Business Days to ensure compliance with regulatory changes or developments, or to protect the integrity and security of the System.

5. Inspect and verify the quality of Check Images, thus ensuring that the digitized images of the front and back of Original Check are legible for all posting and clearing purposes. Specifically, you are representing and warranting that:
a. The Check Image is an accurate representation of all information on the front and back of the Original Check at the time the Original Check was converted to a Check Image, and the Check Image contains all endorsements from the Original Check;
b. Each Check Image contains a record of all MICR line information required for a Substitute Check and otherwise satisfies all of the requirements of the American National Standards Institute (ANSI) X9.37 standards for image quality required by the Rules for the creation and/or transferring of a Substitute Check created from that Check Image; c. The Original Check, a duplicate Check Image, or any copy of the Original Check or Check Image will not be presented, transferred or returned such that your Financial Institution or any other person (such as the drawer of the check) will be asked to make payment based on a Check or Check Image that your Financial Institution or the other person already paid.

6. Maintain qualified, trained and experienced personnel sufficient to perform the overall use of the Service, including the supervision and auditing of your employees’ use of the Service by designated administrative staff.

7. Verify your Financial Institutions receipt of your transmission(s) by verifying that deposits have been posted to the appropriate Accounts, in addition to cooperating in any investigation and resolving any unsuccessful or lost transmission with us.

8. Retain each Check and all information regarding the imaging of all Checks in accordance with your electronic deposit agreement with your Financial Institution.
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Jaguar Software – webRemit Agreement Page 6 of 11 Initials: Jaguar____________Customer___________

9. Use commercially reasonable method(s) to destroy Original Checks in accordance with your electronic deposit agreement with your Financial Institution.

10. Cooperate with us in providing information in the event of lost, mistaken, incomplete or unusable electronic items, or in the event of claims of fraud, alteration, counterfeit or otherwise, including access to such records.

11. Do not engage in any business or activity that could be considered a Restricted Transactions or a. Would result in your Company being or becoming a “money service business” as defined in the Bank Secrecy Act and its implementing regulations;
b. Knowingly accept Restricted Transactions in connection with another person in unlawful Internet gambling as defined in the Unlawful Internet Gambling Enforcement Act and Regulation GG (Prohibition on Funding of Unlawful Internet Gambling); or
c. Directly or indirectly is related to the use of the Service that is illegal or fraudulent.

K. Jaguar Operational Responsibilities

1. Deliver the following items to you, in addition to providing access to the System:
a. WebRemit Service User Guide;
b. User IDs, temporary Passwords and other related Authentication Methods; and c. Internet based software necessary to perform the Service.

2. Initial installation and training support to ensure the proper implementation and use of the System.

3. Provide maintenance and support for the System to ensure the accurate processing of Checks and/or coupons/stubs, including but not limited to:
a. Corrections, contingent or alternate work methods and fixes to any known system program bugs or errors; b. Modifications, enhancements and updates in the event we elect to make available them to you; and c. Telephone and e-mail support during our normal business hours.

4. Forward for deposit to the applicable Financial Institution and Account the Check Images that are transmitted by you. If the Check Images are not complete, are not useable, or do not adhere to data specifications, the images may not be processed by your Financial Institution, in which event your deposit may be adjusted and notification will be provided to you by your Financial Institution.

5. Retain Check Images for 6 months and establish reasonable business continuity controls relating to this Service including backing up all data transmitted to us through this Service and testing those backups periodically.

6. Immediately suspend the System or the processing of any Check or corresponding electronic item if we have reason to believe that there has been a breach in the security of the System, fraud involving your Account(s) or Check(s), or any uncertainty as to the authorization or accuracy of electronic items; and

7. Refuse to process any non-conforming items, including without limitation any items that do not meet the definition of a "check."
We are excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission, or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond our control. In the event of any of the foregoing failure or delays, you are instructed to make a deposit directly with your Financial Institution including the original items for processing and presentment provided that they have not been previously imaged and processed in connection with the Service.

L. Contact in Event of Unauthorized Access
If you believe that your User ID, Password or Authentication Method has been lost or stolen, or that someone has accessed the System without your permission, call us at (888) 524-7638, or send email to: [email protected].

M. Confidentiality
We will disclose information to third parties about your Account or the Check you deposit:
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Jaguar Software – webRemit Agreement Page 7 of 11 Initials: Jaguar____________Customer___________

1. When it is necessary for completing deposits, or

2. In order to comply with government agency or court orders, or

3. If you give us written permission.

N. Communications Between Jaguar and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

1. E-mail -You can contact us by e-mail at [email protected] (Please note that banking transactions through the System are not made via e-mail.);

2. Telephone - You can contact us by telephone at (888) 524-7638;

3. Facsimile - You can contact us by fax at (217) 728-8125;

4. Postal Mail - You can write to us at:

Attn: webRemit Services Department
Jaguar Software
915 West Monroe Street
Sullivan, IL 61951
O. Contacting Jaguar Via E-Mail
Sending an e-mail through the System is one way to communicate with us. However, you agree and acknowledge that e-mail is not secure method of communication. You should not send an electronic mail message if you need to communicate with us immediately. Do not use e-mail to send banking instructions or to request Services provided through the System.

Do not send account information or transaction information via e-mail. If you e-mail us or ask us to reply to you via e-mail you agree to hold us harmless from any consequences, including financial loss, resulting from any unauthorized use or disclosure of your Account or personal information resulting from e-mail. Also, if you send us an electronic e-mail, it will be deemed to have been received on the following Business Day. Jaguar will have reasonable time to act on your e-mail. We are not required to act on any e-mail received and we are not responsible for misdirected or lost e-mails.

P. Jaguar Limitation of Liability
We will use our best efforts to provide you with access to the Service in accordance with the provisions of this Agreement.

However, we will not be liable to you for any damages whatsoever arising in connection with a failure of the communications network or the Equipment, in connection with any intrusion or stolen data, or in connection with events beyond our control.

Subject to the foregoing exclusions, our sole liability for damages to you for any cause whatsoever and regardless of the form of actions shall be limited to direct damages sustained by you, but only to the extent that such damages are the direct result of our own gross negligence or willful misconduct and, in such cases, damages will be no greater than the average monthly fees and charges paid by you for the Service for the six months immediately preceding the event(s) giving rise to your claim. In no event shall we be liable for any special, indirect, incidental, consequential or punitive damages even if we are advised of the possibility of such damages.

Under no circumstance shall we be responsible for any liability, loss or damage resulting from any delay in performance of or failure to perform in connection with the Service which is caused by interruption of telephone, facsimile or communication facilities, delay in transportation, equipment breakdown or mechanical malfunction, electrical, power or computer failure, accidents, fire, flood, explosion, theft, natural disaster or other catastrophe, acts or failure to act by Customer or any third party, strikes or lockouts, emergency conditions, riots, war, events of terrorism, acts of government or other circumstances which are unavoidable or beyond our control. We will not be liable for failure to perform any of our obligations in connection with the Service if such performance would result in it being in breach of any law, regulation or requirement of any governmental authority.

Use of the Service and System is at your own risk. We are not responsible for any errors or failures from any malfunction of your computer, your internet service provider or the Service. We are also not responsible for any damage to your computer, modem, telephone, or other property resulting from the use of the Service, including damage from any electronic virus or viruses that you may encounter. We encourage you to purchase and employ a reliable firewall on your computer that will protect your computer from intrusion while you are connected to the Internet. You are solely responsible for the proper installation, configuration, and maintenance of an intrusion detection system you may employ.

Q. Indemnification
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Jaguar Software – webRemit Agreement Page 8 of 11 Initials: Jaguar____________Customer___________ You will indemnify and hold harmless Jaguar and each of its directors, officers, employees, agents, successors and assigns from and against all liability claims, loss and damage of any kind (including attorneys' fees and other costs incurred in connection therewith) incurred by or asserted against us arising out of this Agreement by reason of any acts or omissions of you. This indemnification shall survive the termination of this Agreement as to matters that occurred during its term.

Jaguar will indemnify and hold harmless Customer and each of its directors, officers, employees, agents, successors and assigns from and against all liability claims, loss and damage of any kind (including attorneys' fees and other costs incurred in connection therewith) incurred by or asserted against Customer arising out of this Agreement by reason of any acts or omissions of Jaguar.

This indemnification shall survive the termination of this Agreement as to matters that occurred during its term.

R. Representations and Warranties
Customer and Jaguar each represents and warrants to the other, as of the date this Agreement is entered into and at the time the Service is used or performed, that: (a) it is validly existing and in good standing under the laws of the jurisdiction of its organization; (b) it has all requisite power and authority to execute and deliver, and to perform its obligations under, this Agreement and the Service used or performed by it; (c) this Agreement has been duly authorized and executed by it and constitutes its legal, valid and binding obligation; and (d) any consent or authorization of any governmental authority or third party required to be obtained by it in connection with this Agreement or the Service used or performed by it has been obtained.

S. Waiver
Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.

T. Assignment
You may not assign this Agreement. Jaguar may assign this Agreement either in part or in whole at any time and shall provide notice to you within fifteen (15) days if such assignment has been made. This Agreement is binding upon your heirs and Jaguar's successors and assigns.

U. Change in Terms
Jaguar may at any time amend, modify, add or delete (collectively and individually a "change") the terms of this Agreement with or without notice unless prohibited by applicable law. A change may include a change to existing terms, a change in terms, a change that involves a new term or a change that involves conditions not otherwise contemplated by Customer at the time this Agreement is entered. If advance notice of the change is not required, and disclosure does not jeopardize the security of the system, you agree that we may notify you of the change in terms by mail or by posting a notice on our website. Further you agree that your continued use of the Service(s) constitutes your agreement to the change. If you wish to decline to be bound by the change, you must discontinue use of the System to which the change relates; otherwise you will be deemed to have accepted and agreed to the change.

V. Amendments/Termination
From time to time, we may amend any of these terms and conditions contained in the Agreement, including without limitation any part of the Schedules. Amendments will become effective no less than 10 days after written notice to you or on the effective date stated in our notice to you.

Either you or we may terminate this Agreement at any time upon 30 days written notice to the other. We may terminate this Agreement immediately in the event you breach any representation or warranty contained in this Agreement or you otherwise misuse the Service.

Any termination will not affect obligations arising prior to termination, such as the obligation to process any Check and electronic items that were in the process of being transmitted or collected prior to the termination date.

Any written notice or other written communication to be given under the terms of this Agreement will be addressed to the applicable address specified below:
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Jaguar Software – webRemit Agreement Page 9 of 11 Initials: Jaguar____________Customer___________ CUSTOMER: JAGUAR:

City of Yreka Jaguar Software
701 Fourth Street Attn: Sean Creviston, President
Yreka, CA 96097 915 West Monroe Street
Emily M. Aldrich – Finance Director Sullivan, IL 61951

W. Dispute Resolution
In the event of a dispute between Jaguar and Customer with respect to any issue arising out of or relating to this Agreement in any manner, excluding any claim for amounts due Jaguar hereunder, such dispute shall be determined by arbitration. Arbitration shall be conducted before an arbitrator chosen as follows: either Jaguar and Customer shall agree on a mutually acceptable arbitrator, or Jaguar shall select one arbitrator and Customer shall select one arbitrator, and these two arbitrators shall choose a third arbitrator who will act as arbitrator hereunder. The arbitrator’s decision shall be final and binding upon all parties concerned.

Such decision shall be rendered within 30 days of the closing of the hearing record. The arbitration proceedings conducted hereunder shall be conducted in the City of Sullivan, Illinois and each party shall bear its own costs. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) shall be entered in the Circuit Court for Moultrie County, Illinois. No award of punitive damages by the arbitrator(s) may be enforced and the right to a jury trial in any proceeding is hereby expressly waived.

X. Fees and Charges
You agree to pay the fees and charges for the Service set forth in Schedule B. The fees set forth in Schedule B will remain unchanged for the first 12 months of the term of this Agreement. After the initial 12 month term, you understand and agree that we may change such fees and charges at any time upon 90 days prior written notice to you.

Y. Entire Agreement/Severability
This Agreement, including the Schedules hereto, is the complete and exclusive statement of agreement between you and us regarding the subject matter hereof and supersedes any prior agreements between us regarding this subject matter.

If our performance of the Service provided for herein in accordance with the terms of this Agreement would result in a violation of any existing or future law, rule or regulation to which we are subject, then this Agreement will be deemed amended to the extent necessary to comply with that law, rule or regulation, and we will incur no liability to you as a result of such violation or amendment.

Furthermore, if any term, covenant or condition of this Agreement were invalid or unenforceable, the remainder of the Agreement shall be unaffected and each term, covenant or condition shall be valid and enforced to the fullest extent permitted by law.

This Agreement will be construed in accordance with and governed by the laws of the State of Illinois.

Section headings are for convenience only and will not affect the meaning of the provisions hereof.

By signing this Agreement, you acknowledge that you have read and understood this Agreement.

IN WITNESS, WHEREOF, the parties hereto have executed this Agreement as of the date set forth below.

Jaguar Software Customer:

BY: ____________________________________ BY: ___________________________________ PRINT NAME: ___________________________ PRINT NAME: _________________________ PRINT TITLE: ___________________________ PRINT TITLE: __________________________ DATE SIGNED: __________________________ DATE SIGNED: ________________________ 117 of 125
Jaguar Software – webRemit Agreement Page 10 of 11 Initials: Jaguar____________Customer___________

SCHEDULE A

ACCOUNTS & POSTING FILE
The following Financial Institution Account will be set up to accept deposits made through the WebRemit Service.

Financial Institution Routing Number Account Number Account Title Mechanics Bank 121102036 ______________ _______________________ FI Contact ___________________________________
Email _______________________________________
Phone ______________________________________
The following Posting File will be set up to be download through the WebRemit Service.

Accounting/Financial System Software: SPRINGBROOK
Version ________________________________________________________________________________ Field Name – Format Field Name – Format Field Name – Format Field Name - Format

ACCOUNT NUMBER AMOUNT MAIL DATE CHECK NUMBER
Length 9 Length 11 Length 6 Length 15
Start Position 1 Start Position 10 Start Position 21 Start Position 27 Zero Fill, RJ Numeric, Zero Fill, RJ Date: MMDDYY, LJ MICR, No Zero Fill, LJ Additional fields can be used as required to create the correct Posting File.

Coupon Definition: Scan line length 18

ACCOUNT NUMBER COUPON AMOUNT CHECK DIGIT
Length 9 Length 8 Length 1
Position 18
MOD 10, Sum Digits, Weight String :212121…
Subtract from Modulus
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Jaguar Software – webRemit Agreement Page 11 of 11 Initials: Jaguar____________Customer___________

SCHEDULE B

FEES AND CHARGES

SETUP CHARGES
A one-time site setup fee will be charged upon the execution of this agreement. webRemit Configuration and Setup 2500.00
TOTAL SETUP CHARGES: $2500.00
Includes testing and configuration with Customer’s financial institution, configuration of the customers posting file, and training of Customer’s Administrator.

MONTHLY CHARGES
A monthly service fee will be charged for use of the Service.

Service Fee # Units Total
webRemit Monthly Service Fee (100,000 items annually) $560.00 1 560.00 webRemit Additional Station $72.00 0 $0.00
webRemit Secure Image Retrieval $72.00 0 $0.00
Additional Items Over 100,000 items annually $0.23 0 $0.00 TOTAL MONTHLY CHARGES: $560.00
OTHER CHARGES (If Needed)
Configuration and Setup for an additional Financial Institution $540.00 Configuration and Setup for an additional Posting File formats $540.00 TOTAL OTHER CHARGES: $0.00
EXISTING EQUIPMENT – CANON CR-120 (Provided by Jaguar Reseller – Technology Unlimited, Inc) • Check Scanner
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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager
AGENDA TITLE: Designation of Applicant’s Agent Resolution for Non-State Agencies MEETING DATE: August 15, 2023
Recommendation andRequested Action:

Motion to Adopt Resolution 2023-37 of the City Council of the City of Yreka, State of California, Designation of Applicant’s Agent Resolution for Non-State Agencies Grant discussion:

The City was noticed on July 25, 2023, that its application to CalOES for the California JumpStart Resilience Officer grant, was awarded. Back on October 4, 2022, the Yreka City Council approved the motion allowing the City staff to apply for the CalOES JumpStart Grant.

The resolution recognizes that the City as a public entity is established under the laws of the State of California, and once the resolution is filed with the California Governor’s Office of Emergency Services, the City is eligible to file for the purpose of obtaining federal financial assistance for any existing or future grant program. Adoption of Resolution 2023-37 makes the City eligible to receive funding, from Cal OES.

Fiscal Impact:

Allows the City to access $928,496 of grant funds for the Resilience Officer position. There is urgency in adoption and grant documents are to be returned by August 16, 2023, to CalOES. 120 of 125

STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES ID No:

Cal OES 130

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR

NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

Cal OES 130 (Rev 3/9/22)
Resolution 2023-37
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STATE OF CALIFORNIA
Cal OES 130 (Rev 3/9/22)
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.

This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):

Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
(Page 2 of 2)
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STATE OF CALIFORNIA
Cal OES 130 (Rev 3/9/22)
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.

When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group responsible for appointing and approving the Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity established under the laws of the State of California.

Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.

There are two ways of completing this section:

1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document.

The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
(Page 1 of 2)
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STATE OF CALIFORNIA
Cal OES 130 (Rev 3/9/22)
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.

Certification Section:

Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.” (Page 2 of 2)
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GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR
3650 SCHRIEVER AVENUE  MATHER, CA 95655
RECOVERY SECTION  HAZARD MITIGATION ASSISTANCE BRANCH
PHONE: (916) 328-7450  EMAIL: [email protected] www.CalOES.ca.gov
Jason Ledbetter
City Manager
City of Yreka
701 Fourth St.

Yreka, Ca 96097
Reference: Application Approval, PrepareCA JumpStart #JS22-014 City of Yrkea
Siskiyou County, California
Prepare California JumpStart City of Yreka, Resilience Officer DELIVERED VIA E-MAIL: [email protected]
Dear Jason Ledbetter:

Congratulations! The California Governor’s Office of Emergency Services (Cal OES) has selected your application referenced above, to receive funding under the Prepare California Jumpstart Initiative.

Pending completion and submittal of all required post obligation forms, your agency will be awarded the amount of $928,496.00 for the grant performance period beginning August 1, 2023 and ending June 30, 2028.

Cal OES will be contacting you soon to assist in finalizing the approval process and to set up a kick-off meeting to discuss funding conditions, program reporting, reimbursement, and other grant logistics.

If you have any questions, please contact your assigned Program Specialist Stacey Catchot at (916) 917-4980 or e-mail at [email protected] We look forward to the successful implementation of this project.

Sincerely,
Ron Miller
Acting State Hazard Mitigation Officer
DocuSign Envelope ID: 63F3C09D-ED7C-4331-9466-1ECF3C916D0A 7/25/2023
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Yreka City CouncilAugust 15, 2023

Yreka City Council
August 15, 2023