Agenda — Yreka City Council, September 19, 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
September 19, 2023
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.

The full agenda packet can be found on the City’s website 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. 6:30PM CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:

2. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:

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

3. PUBLIC COMMENTS:

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 89 1 of 89

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included on the Regular Agenda. If your comments concern an item noted on the Regular Agenda, please address the Council when that item is open for public comment.

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

Councilmembers, when recognized by the Mayor, may ask clarifying questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda.

This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Agenda. If your comments concern an item listed under the Public Hearing or New Business sections of the Agenda, please address the Council when that item is open for public comment.
• 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.

4. CONSENT AGENDA:

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

5. OLD BUSINESS:

City Manager/Human Resources Director
a. Title: Second Reading and Adoption of Proposed Ordinance 875 of the City Council of the City of Yreka Amending Chapter 2.10 – Employee Personnel System and Chapter 2.50 - Nepotism.

Recommended City Council Action: Motion to adopt Ordinance No. 875 An Ordinance of the City Council of the City of Yreka, California Amending Chapter 2.10 to the Yreka Municipal Code 2 of 89 2 of 89

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Entitled “Employee Personnel System and Chapter 2.50 Nepotism and Finding the Ordinance Exempt from CEQA”.

6. PUBLIC HEARINGS:

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

City Manager/Community Development Director
a. Agenda Title: 2022-52 Evans Family Tentative Parcel Map Evans Family Properties LLC, Applicant, has filed an application for Tentative Parcel Map No. 2022- 52 to subdivide one 99.1-acre parcel into two separate parcels, one 43.28-acre parcel and one 55.82- acre parcel. There is one single-family residence on the parcel. The applicant does not propose to erect any additional structures as part of this project.

Recommended City Council Action: Motion to adopt Resolution 2023-45 A Resolution of the City Council of the City of Yreka Approving Tentative Parcel Map No. 2022-52 for the Subdivision of One

99.1-acre Parcel into Two Parcels with Conditions

7. CITY MANAGER/STAFF REPORTS:

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

8. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

AB 1234* Conference and Meeting Report (verbal, if any) *(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) Members of the Council may make brief announcements, reports, or request staff to report to Council on any matter at a subsequent meeting.

9. 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.

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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 6:30PM on September 19, 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:
09/19/23
Date _09/11/23___
-�proved By
Prepared By .X.itti�
(Payments issued 08/29/2023 - 09/08 �
Date
08/29/23
08/30/23
09/01/23
09/06/23
09/07/23
09/08/23
Description
ACH BATCH & Check Run

ACH BATCH

ACH BATCH
ACH BATCH & Check Run
Payroll & Check Run
Total Payments
Amount
$1,894.19
$7,560.52
$2,486.29
$7,187.66
$3,755.56
$436,553.15
$459,437.37
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YREKA CITY COUNCIL MEETING AGENDA
September 5, 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.

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:

The meeting was called to order at 5:30 PM, Councilmembers Baker, Kegg, McCoy and Middleton were present. Councilmember Davis is absent.

2. PUBLIC COMMENT ON CLOSED SESSION:

There was no public comment.

Join this meeting via Zoom:

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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. a. Conference with legal counsel—anticipated litigation (City Initiating) (Govt C §54956.9(d)(4) - Number of cases: 3

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

Meeting was called to order at 6:38PM. Mayor Middleton opened the meeting and announced that there was no reportable action taken during closed session. Mayor Middleton announced the Councilmember Davis is absent this evening.

5. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:

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

6. PUBLIC COMMENTS:

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

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

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 Donna Bacigalupi and Steve Radford.

7. CONSENT AGENDA:
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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 August 7, 2023, through August 25, 2023. b. Approval of Minutes of the Regular Meeting held August 15, 2023. c. Approval of Minutes of the Special Meeting held August 17, 2023. d. Motion Authorizing the City Manager to Execute a Professional Services Agreement with NicholsMelburg & Rossetto, AIA & Associates, Inc. (NMR) for Architecture, Engineering and Construction Management Services for the Yreka Volunteer Fire Department New Fire Station Project in an Amount Not to Exceed $1,118,560.00
e. Motion Authorizing the City Manager or his delegate to enter into an Information Technology Professional Services Agreement for $133,684.32 with Network One for Fiscal Year 2023-2024. f. Adopt Resolution 2023-40 Approving Requests Associated with the Special Event Known as the “Norcal Cross” to be Held on March 2, 2024, at Greenhorn Reservoir g. Adopt Resolution 2023-41 Approving Greenhorn Disc Golf Tournament on October 14, 2023, at Greenhorn Reservoir.
h. Adopt Resolution 2023-42 of the City Council of the City of Yreka Authorizing the City Manager or his Designee to Apply to the California Strategic Growth Council for a Community Resilience Center Development Grant and to execute all related documents if awarded. i. Motion to Adopt Resolution 2023-43 of the City Council of the City of Yreka, State of California, Authorizing the Filing of a Rural and Tribal Assistance Pilot Program Grant Application for up to $320,000 utilizing 2022 funds, with an opportunity to apply for up to $360,000 for 2023 funds. j. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.

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

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

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

8. PUBLIC HEARINGS:

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City Manager
a. Agenda Title: 2024 Master Fee Schedule Update
City Staff has updated the Master Fee Schedule for the 2023-2024 Fiscal Year. The Master Fee Schedule is a financial planning document that contains all fees associated with applications and licensing of various uses, lots, and structures within the City Limits of the City of Yreka.

Recommended City Council Action: Motion to Adopt Resolution 2023-39 of the City Council of the City of Yreka Adopting an Updated Comprehensive Fee Schedule and Adopt the Finding that the Project is Statutorily Exempt from CEQA.

Motion to Adopt Resolution 2023-39 of the City Council of the City of Yreka Adopting an Updated Comprehensive Fee Schedule and Adopt the Finding that the Project is Statutorily Exempt from CEQA.

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

9. NEW BUSINESS
City Attorney requested that we add item 9.e., to appoint a volunteer firefighter and to act on this matter and to move item before new business item 9.e.

Motion to add to the agenda as a matter of urgency the Appointment of Volunteer Firefighter Kaleb Laustalot and to move the item introduced as 9.e. before item 9.a.

MOTIONED: Councilmember Baker
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Kegg, McCoy, and Middleton
NOES: -0-
ABSENT: Councilmember Davis
Mayor
a. Title: City Council Interviews of Applicants to the Planning Commission to fill a vacant seat.

Three candidates will be interviewed by the City Council for one vacant position on the Yreka Planning Commission (term expires March 31, 2026). The applicants that are being considered are Dawnmarie Autry, Chris Lazaris, and Sarah Chaffee.

Recommended City Council Action: That the City Council make recommendations to the Mayor for a Mayoral appointment to fill one (1) vacant seat on the Planning Commission.

City Attorney guided the City Council through the interview and ballot process. After the interview, the results of the ballot process were as follows:

Middleton Chris Larazus
Baker Dawnmarie Autrey
McCoy Dawnmarie Autrey
Kegg Dawnmarie Autrey
Mayor Middleton appointed Dawnmarie Autrey to fill the one (1) vacant seat on the Planning Commission. 22 of 89 22 of 89

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Finance Director
b. Title: Water and Wastewater Utility Rate Study
Paul Reuter, of Pace Engineering will present the City’s 2024-2028 Water and Wastewater Utility Rate Study.

Recommended City Council Action: Discussion and possible direction to staff to bring back the City of Yreka Water and Wastewater Utility Rate Study for Adoption at a future Council meeting.

Public comment was heard from Steve Radford.

Direction was given to the final study back the City of Yreka Water and Wastewater Utility Rate Study for Adoption at a future Council meeting.

Human Resources Director
c. Title: Introduction of Proposed Ordinance 875 of the City Council of the City of Yreka Amending Chapter 2.10 – Employee Personnel System and Chapter 2.50 - Nepotism.

City Staff has been working on revising the City’s Personnel Policies and the City’s Municipal Code related to employment practices. After completing the meet and confer process, staff has proposed revisions to the City’s Municipal Code to update Chapter 2.10 – Employee Personnel System and Chapter 2.50 – Nepotism.

Recommended City Council Action: Consider/discuss and move to introduce Ordinance No. 875 An Ordinance of the City Council of the City of Yreka, California Amending Chapter 2.10 to the Yreka Municipal Code Entitled “Employee Personnel System and Chapter 2.50 Nepotism and Finding the Ordinance Exempt from CEQA” and pass the ordinance to the next Council meeting for a second reading and its possible adoption.

Motion to move to introduce Ordinance No. 875 An Ordinance of the City Council of the City of Yreka, California Amending Chapter 2.10 to the Yreka Municipal Code Entitled “Employee Personnel System and Chapter 2.50 Nepotism and Finding the Ordinance Exempt from CEQA” and pass the ordinance to the next City Council meeting for a second reading and its possible adoption.

MOTIONED: Councilmember Kegg
SECONDED: Councilmember Baker
AYES: Councilmembers Baker, Kegg, McCoy, and Middleton
NOES: -0-
ABSENT: Councilmember Davis
d. Title: Employee Personnel Policies and Procedures
Staff has been working on revising the City’s Personnel Polices and Procedure Manual since October 2021, along with the City’s Municipal Code. Staff has completed the meet and confer process with the represent employee bargaining groups, and a revised policy manual is being recommend to the Council for adoption. Municipal Code Section 2.10.080 allows for the adoption and amendment of personnel rules and regulations by resolution of the City Council.

Recommended City Council Action: Motion to Adopt Resolution 2023-44 by the City Council of the City of Yreka Adopting the Revised Personnel Polices and Procedure Manual 23 of 89 23 of 89

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Motion to Adopt Resolution 2023-44 by the City Council of the City of Yreka Adopting the Revised Personnel Polices and Procedure Manual.

MOTIONED: Councilmember McCoy
SECONDED: Councilmember Baker
AYES: Councilmembers Baker, Kegg, McCoy, and Middleton
NOES: -0-
ABSENT: Councilmember Davis
e. Title: Motion to Appoint Kaleb Laustalot as a Volunteer to the Yreka Volunteer Fire Department There was no public comment.

Motion to Appoint Kaleb Laustalot as a Volunteer to the Yreka Volunteer Fire Department.

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

10. CITY MANAGER/STAFF REPORTS:

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

City Manager Ledbetter introduced the City’s new planning manager Alia Roca Lezra. This position will add needed capacity to the planning department. The City is continuing to advertise for an OES Resilience Officer and City Clerk. City Manager attended the kickoff meeting on August 24th with the City’s new virtual webmaster with the goal of improving our website and creating many educational videos in the future viewable from the website. In the interim, we came up with the idea to inform the public through the utility bill with more frequent added mailers. Assistant City Manager Hogan and I met with Fire Chief Lemos and have scheduled regular meetings to continue to plan and create educational material for the public on a new Fire Station project and the possibility of adding some paid fire staff in the future. I attended the Communications Ad Hoc meeting on Tuesday, August 29th, where we discussed the improvements with the city website. On August 30th, City Manager Ledbetter attended the Siskiyou Climate Collaborative in Dunsmuir. This grant, through the SCEDC, can work into a project, like a co-gen facility. And on August 31st, City Manager Ledbetter met with YMCA Director, Scott Eastman on a fencing project around the facility and the cemetery district.

11. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

Councilmember Baker attended the Communications Ad Hoc on August 29, 2023. Councilmember thanked all the applicants to who applied to the Yreka Planning Commission.

Councilmember Kegg thanked the Planning Commission applicants for participating in the process this evening, and congratulated Dawnmarie Autrey on her appointment. Councilmember Kegg announced a homeless meeting tomorrow at the Behavioral Health building.

Mayor Pro tempore McCoy congratulated Dawnmarie Autrey on her appointment to the Planning Commission and requested a future Code of Conduct training.
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Mayor Middleton seconded Mayor Pro tempore’s McCoy’s request for City staff to schedule a Code of Conduct training.

12. ADJOURNMENT:

Meeting adjourned at 8:11PM.

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 September 5, 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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S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\09 September 2023\2023-09-19\Admin\Staff Report YPD Homeless Liasion Agreement with Siskiyou County.docx

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

MEETING DATE: September 19, 2023
Discussion:

The Yreka Police Chief and Siskiyou County Health and Human Services Agency have met to address the needs to mutually serve the City’s unhoused, homeless population. The result of these meetings is a cooperative MOU agreement for specialized police services. The term of the agreement is retroactive from July 1, 2023, to June 30, 2024, or until terminated by either party.

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

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

Fiscal Impact:

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

Recommendation andRequested Action:

Adopt a Resolution authorizing the City Manager or his delegate to execute a Memorandum of Understanding between the Siskiyou County Health and Human Services and the City of Yreka Police Department for Homeless Liaison Officer Services. 27 of 89 27 of 89
7/17/2023 1 FY2324 Homeless liasion contract.docx

COUNTY OF SISKIYOU

CONTRACT FOR SERVICES

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

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

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

1.01 Contract Term: This Contract shall become effective on July 1, 20233 and shall terminate on June 30, 2024, unless terminated in accordance with the provisions of Article 7 of this Contract or as otherwise provided herein.

ARTICLE 2. INDEPENDENT CONTRACTOR STATUS

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

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

ARTICLE 3. SERVICES

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

CITY shall provide the services described in Exhibit “A” attached hereto. 28 of 89 28 of 89
7/17/2023 2 FY2324 Homeless liasion contract.docx
No additional services shall be performed by CITY unless approved in advance in writing by the County stating the dollar value of the services, the method of payment, and any adjustment in contract time or other contract terms. All such services are to be coordinated with County and the results of the work shall be monitored by the Health and Human Services Agency Director (SCHHSA) or his or her designee.

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

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

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

ARTICLE 4. COMPENSATION

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

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

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

4.04 Expenses: CITY shall be responsible for all overhead costs and expenses incident to the performance of services for County, including but not limited to, all costs of materials, equipment, all fees, fines, licenses, bonds or taxes required of or imposed against CITY and all other of CITY’s costs of doing business. County shall not be responsible for any overhead expense incurred by CITY in performing services for County except for: 1) Personnel costs, including but not limited to, salary and benefits, plus any additional hours of overtime compensation. the cost of the FTE and overtime compensation shall be adjusted, from time to time, 29 of 89 29 of 89
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to reflect any change in the FTE’s compensation, overtime, and benefits; 2) the cost of a vehicle based on the State of California Labor Surcharge and Equipment Rental Rates for cars; 3) the reasonable rental value of the use that require rental payment to provide the services together with replacement cost of any equipment or repair cost of any facilities.

ARTICLE 5. OBLIGATIONS OF CONTRACTOR

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

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

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

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

5.05 Indemnification: Each party to this Agreement is vested by law in certain immunities, as to non-immune acts or omissions, and to the fullest extent permitted by law, the parties agree to save, indemnify, defend, and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, and regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, attorney fees, court costs, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of this Agreement, and attributable to the fault of the other. Following a determination of the percentage of fault and or liability by agreement between the Parties or a court of competent jurisdiction, the Party responsible for liability to the other will indemnify the other Party to this Agreement for the percentage of liability determined. CITY is a member of a Self-insurance liability fund known as SCORE.

These duties of indemnity shall apply to all damages whether or not those damages are covered by insurance. Each party agrees that this indemnity provision is a material part of this Agreement.

General Liability and Automobile Insurance : During the term of this Agreement 30 of 89 30 of 89
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City warrants that it does and will keep all its vehicles insurance in an amount of at least One Million Dollars combined liability for bodily injury and property damage by entities authorized to do business in the State of California.

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

5.08 IRS/FTB Indemnity Assignment: CITY shall defend, indemnify, and hold harmless the County, its officers, agents, and employees, from and against any adverse determination made by the Internal Revenue Service of the State Franchise Tax Board with respect to CITY’s “independent contractor” status that would establish a liability for failure to make social security and income tax withholding payments.

5.09 Professional Liability: If CITY or any of its officers, agents, employees, volunteers, contactors or subcontractors are required to be professionally licensed or certified by any agency of the State of California in order to perform any of the work or services identified herein, CITY shall procure and maintain in force throughout the duration of the Contract a professional liability insurance policy with a minimum coverage level of ($1,000,000) One Million Dollars, or as determined in writing by County’s Risk Management Department.

5.10 State and Federal Taxes: As CITY is not County’s employee, CITY is responsible for paying all required state and federal taxes. In particular:
a. County will not withhold FICA (Social Security) from CITY’s payments; b. County will not make state or federal unemployment insurance contributions on behalf of CITY.
c. County will not withhold state or federal income tax from payment to CITY. d. County will not make disability insurance contributions on behalf of CITY. e. County will not obtain workers’ compensation insurance on behalf of CITY.

5.11 Records: All nonprivileged records, reports and other materials collected or produced by CITY or any subcontractor of CITY shall, upon expiration or other termination of this Agreement become the joint property of COUNTY and CITY.

CITY agrees not to copyright the materials. If any plans studies, specifications, magnetic data, shall also be joint property of the parties and is not suitable for the use of future or other use except for CITY administration purposes. The parties 31 of 89 31 of 89
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acknowledge that CITY law enforcement records must remain in the custody of the Yreka Police Department.

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

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

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

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

5.15 Withholding for Non-Resident Contractor: Pursuant to California Revenue and Taxation Code Section 18662, payments made to nonresident independent contractors, including corporations and partnerships that do not have a permanent place of business in this state, are subject to 7 percent state income tax withholding.

Withholding is required if the total yearly payments made under this contract exceed $1,500.00.

Unless the Franchise Tax Board has authorized a reduced rate or waiver of withholding and County is provided evidence of such reduction/waiver, all nonresident contractors will be subject to the withholding. It is the responsibility of the Contractor to submit the Waiver Request (Form 588) to the Franchise Tax Board as soon as possible in order to allow time for the Franchise Tax Board to review the request.

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

5.17 Conflict of Interest: CITY covenants that it presently has no interest and shall not acquire an interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CITY 32 of 89 32 of 89
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further covenants that, in the performance of this Contract, no subcontractor or person having such an interest shall be used or employed. CITY certifies that no one who has or will have any financial interest under this contract is an officer or employee of County.

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

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

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

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

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

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

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

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

B. Documentation and Accounting of Uses and Disclosures: CITY shall document any disclosures of PHI in a manner that would allow County to respond to a 33 of 89 33 of 89
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request for an accounting of disclosures of PHI in accordance with 45 C.F.R.

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

C. Amendments to Designated Record Sets: In accordance with 45 C.F.R. Section 164.526, CITY agrees to amend PHI in its possession as requested by an individual or as directed by County, in a time and manner designated by County.

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

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

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

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

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

5.23 Child Abuse and Neglect Reporting: CITY shall comply with all state and federal laws pertaining to the reporting of child abuse and/or neglect. CITY’s officers, employees, agents and volunteers shall report all known or suspected instances of child abuse and/or neglect to the Child Protective Services agency or other agency as required by Penal Code Section 11164 et seq.
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5.24 Confidentiality: All information and records obtained in the course of providing services under this Agreement shall be confidential pursuant to Section 5328 of the Welfare and Institutions Code in accordance with applicable State and Federal law.

5.25 Patients’ Rights: It is not anticipated that will be caring for patients or interacting with any patient’s guardian or conservator. In the event that CITY does accept “patients,” CITY shall give the patients notice of their rights pursuant to and in compliance with: California Welfare and Institutions Code Section 5328; California Administrative Code, Title 9, Chapter 1, Subchapter 4, Article 6. In addition, in all facilities providing the services described herein, the CITY shall have prominently posted in the predominant languages of the community a list of the patient’s rights.

ARTICLE 6. OBLIGATIONS OF COUNTY

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

ARTICLE 7. TERMINATION

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

1. Bankruptcy or insolvency of CITY

2. Death of Contractor

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

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

7.04 Termination of Funding: County may terminate this Contract in any fiscal year in that it is determined there is not sufficient funding. California Constitution Article XVI Section 18. Termination shall not affect the duty to pay for services rendered prior to SCHHSA’s notice to CITY of such lack of funding. The determination of what is “sufficient funding” shall be subject to SCHHSA and CITY’s good faith bargaining and agreement.
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ARTICLE 8. GENERAL PROVISIONS

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

8.02 Entire Agreement of the Parties: This contract supersedes any and all contracts, either oral or written, between the Parties hereto with respect to the rendering of services by CITY for County and contains all the covenants and contracts between the parties with respect to the enduring of such services in any manner whatsoever. Each Party to this Contract acknowledges that no representations, inducements, promises, or contract, orally or otherwise, have been made by any party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other contract, statement, or promise not contained in this Contract shall be valid or binding. Any modification of this Contract will be effective only if it is in writing signed by the Party to be charged and approved by the County as provided herein or as otherwise required by law.

8.03 Partial Invalidity: If any provision in this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provision will nevertheless continue in full force without being impaired or invalidated in any way.

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

8.05 Conformance to Applicable Laws: CITY shall comply with the standard of care regarding all applicable federal, state and county laws, rules and ordinances. CITY shall not discriminate in the employment of persons who work under this contract because of race, the color, national origin, ancestry, disability, sex or religion of such person.

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

8.07 Governing Law: This Contract and all matters relating to it shall be governed by the laws of the State of California and the venue over any controversies between the two parties, who are each local government entities, shall be determined as set out in CCP § 394(a.)

8.08 Reduction of Consideration: CITY agrees that County shall have the right to deduct from any payments contracted for under this Contract any amount owed to County 36 of 89 36 of 89
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by CITY as a result of any obligation arising prior or subsequent to the execution of this contract. For purposes of this paragraph, obligations arising prior to the execution of this contract may include, but are not limited to any property tax, secured or unsecured, which tax is in arrears. If County exercises the right to reduce the consideration specified in this Contract, County shall give CITY notice of the amount of any off-set and the reason for the deduction.

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

8.10 Time is of the Essence: Time is of the essence in the performance of this Contract.

8.11 Materiality: The parties consider each and every term, covenant, and provision of this Contract to be material and reasonable.

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

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

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

8.15 No Reliance On Representations: Each party hereby represents and warrants that it is not relying, and has not relied upon any representation or statement made by the other party with respect to the facts involved or its rights or duties. Each party understands and agrees that the facts relevant, or believed to be relevant to this Contract, may hereunder turn out to be other than, or different from the facts now known to such party as true, or believed by such party to be true. The parties expressly assume the risk of the facts turning out to be different and agree that this Contract shall be effective in all respects and shall not be subject to rescission by reason of any such difference in facts.

8.16 Electronic Communications: During the course of the performance of Services, communications may occur through sending, receiving or exchanging electronic versions of documents and e-mails using commercially available computer 37 of 89 37 of 89
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software and Internet access. County and the City acknowledge that the Internet is occasionally victimized by the creation and dissemination of so-called viruses, or similar destructive electronic programs. County and the City view the issues raised by these viruses seriously and have invested in document and e-mail scanning software that identify and reject files containing known viruses. Each party agrees to update its system with the software vendor’s most current releases at regular intervals. Because of the virus scanning software, the respective computer systems of the parties may occasionally reject a communication. The parties acknowledge that this occurrence is to be expected as part of the ordinary course of business. Because the virus protection industry is generally one or two steps behind new viruses, neither party can guarantee that its respective communications and documents will be virus free. Occasionally, a virus will escape and go undetected as it is passed from system to system. Although each party will use all reasonable efforts to assure that its communications are virus free, neither party warrants that its documents will be virus free. Each party agrees to advise the other if it discovers a virus in its respective system that may have been communicated to the other party.
(SIGNATURES ON FOLLOWING PAGE)
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IN WITNESS WHEREOF, County and CITY have executed this agreement on the dates set forth below, each signatory represents that they have the authority to execute this agreement and to bind the Party on whose behalf their execution is made.

COUNTY OF SISKIYOU:

Date:

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

LAURA BYNUM
Clerk, Board of Supervisors
By:

Deputy
CONTRACTOR:

CITY OF YREKA
Date:

COREY MIDDLETON, MAYOR
ATTEST:

RHETTA HOGAN
Clerk, City of Yreka
By:

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

Fund Organization Account FY23/24 TOTAL
2120 501010 723000 $80,000.00 $80,000.00
2122 401030 723000 $80,000.00 $80,000.00
$160,000.00 $160,000.00
Encumbrance number
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Exhibit “A”
I. Scope of Services:

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

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

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

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

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

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

5. Providing referrals to mental health evaluations.

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

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

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

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

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

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

The Homeless Liaison Officer will receive support from other CITY and COUNTY staff in completing the above assignments. The Yreka Police Department (YPD) plans to initially assign part-time Police Officers to this project as often as the Department’s capacity allows. After the program is established, YPD intends to fill the position with full time Police Officer(s), as funding allows. The Homeless Liaison Officer and team members on the project will work under the supervision of the Chief of Police. 40 of 89 40 of 89
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Staffing and Vehicle
The Yreka Police Department shall commit to 312 hours per month, 3,744 hours per year. These labor hours will be broken into four (4) categories: the assigned Homeless Liaison Officer at 1560 hours per year; the assistant Homeless Liaison Officer at 624 hours per year; Level 1 Reserve Police officers shall be assigned to assist for 1,040 hours per year; and full time patrol Police Officers shall be assigned to 520 hours per year assisting on overtime.

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

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

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

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

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

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

2. CITY shall provide original detailed invoices to SCHHSA BHS within 30 days following the month of service. SCHHSA BHS shall pay within 30 days of receipt of invoices from CITY and approval and acceptance of the work by BHS. 41 of 89 41 of 89
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Attachment ‘A1’
Policy 424 - Yreka Police Department
Yreka PD Policy Manual
Homeless Persons
424.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that personnel understand the needs and rights of the homeless and to establish procedures to guide officers during all contacts with the homeless, whether consensual or for enforcement purposes. The Yreka Police Department recognizes that members of the homeless community are often in need of special protection and services. The Yreka Police Department will address these needs in balance with the overall mission of this department. Therefore, officers will consider the following when serving the homeless community.
424.1.1 POLICY
It is the policy of the Yreka Police Department to provide law enforcement services to all members of the community, while protecting the rights, dignity and private property of the homeless. Homelessness is not a crime and members of this department will not use homelessness solely as a basis for detention or law enforcement action. 424.2 HOMELESS COMMUNITY LIAISON
The Chief of Police will designate a member of this department to act as the Homeless Liaison Officer. The responsibilities of the Homeless Liaison Officer include the following:
(a) Maintain and make available to all department employees a list of assistance programs and other resources that are available to the homeless. (b) Meet with social services and representatives of other organizations that render assistance to the homeless.
(c) Maintain a list of the areas within and near this jurisdiction that are used as frequent homeless encampments.
(d) Remain abreast of laws dealing with the removal and/or destruction of the personal property of the homeless. This will include as set out by city ordinance:

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

2. Proper retention of property after clean-up, to include procedures for owners to reclaim their property in accordance with the Property and Evidence Policy and other established procedures.
(e) Be present during any clean-up operation conducted by this department involving the removal of personal property of the homeless to ensure that the rights of the homeless are not violated.
(f) Develop training to assist officers in understanding current legal and social issues relating to the homeless.
424.3 FIELD CONTACTS
Officers are encouraged to contact the homeless for purposes of rendering aid, support and for community-oriented policing purposes. Nothing in this policy is meant to dissuade anofficer from taking reasonable enforcement action when facts support a reasonable suspicion of criminal activity. However, when encountering a homeless person who has committed a nonviolent misdemeanor and continued freedom is not likely to result in a continuation of the offense or a breach of the peace, officers are encouraged to consider long-term solutions to problems that may relate to the homeless, such as shelter referrals and counseling in lieu of physical arrest. Officers should provide homeless persons with resource and assistance information whenever it is reasonably apparent that such services may be appropriate. 42 of 89 42 of 89
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424.3.1 OTHER CONSIDERATIONS
CITY will not discriminate against homeless members of the community as to the level and quality of service as may be provided to other members of the community. The fact that a victim or witness is homeless can, however, require special considerations for a successful investigation and prosecution. Officers should consider the following when handling investigations involving homeless victims, witnesses or suspects:
(a) Document alternate contact information. This may include obtaining addresses and phone numbers of relatives and friends.
(b) Document places the homeless person may frequent.
(c) Provide homeless victims with victim/witness resources when appropriate. (d) Obtain statements from all available witnesses in the event that a homeless victim is unavailable for a court appearance.
(e) Consider whether the person may be a dependent adult or elder, and if so, proceed in accordance with the Adult Abuse Policy.
(f) Arrange for transportation for investigation-related matters, such as medical exams and court appearances.
(g) Consider whether a crime should be reported and submitted for prosecution, even when a homeless victim indicates that he/she does not desire prosecution. 424.4 PERSONAL PROPERTY
The personal property of homeless persons is not in violation of law their personal property will be treated similarly to the property of other members of the public. Officers should use reasonable care when handling, collecting and retaining the personal property of homeless persons and should not destroy or discard the personal property of a homeless person. When a homeless person is arrested or otherwise removed from a public place, officers should make reasonable accommodations to permit the person to lawfully secure his/her personal property. Otherwise, the personal property should be collected as provided by ordinance. If the arrestee has more personal property than can reasonably be collected and transported by the officer, a supervisor should be consulted. The property should be photographed and measures should be taken to remove or secure the property. It will be the supervisor’s responsibility to coordinate the removal and safekeeping of the property.

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

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

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

When a mental illness hold is not warranted in the officer’s opinion, the contacting officer should provide the homeless person with contact information for mental health assistance as appropriate. Inthese circumstances, officers may provide transportation to a mental health 43 of 89 43 of 89
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specialist if requested by the person and approved by a supervisor and if permitted by city policy and its insurance obligations.
424.6 ECOLOGICAL ISSUES
Sometimes homeless encampments can impact the ecology and natural resources of the community and may involve criminal offenses beyond mere littering. Officers are encouraged to notify other appropriate agencies or departments when a significant impact to the environment has or is likely to occur. Significant impacts to the environment may warrant a crime report, investigation, supporting photographs and supervisor notification. 44 of 89 44 of 89
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Exhibit “B”

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

Contractor agrees this assurance is binding on the vendor/recipient directly or through contract, license, or other provider services, as long as it received federal or state assistance. 45 of 89 45 of 89
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Exhibit “C”

BUSINESS ASSOCIATES AGREEMENT

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

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

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

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

Therefore, the parties agree as follows:

1. DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

1.15 “Protected Health Information” has the same meaning as the term “protected health information” at 45 C.F.R. § 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. For the convenience of the parties, Protected Health Information includes information that (i) relates to the past, 47 of 89 47 of 89
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present or future physical or mental health or condition of an Individual; the provision of health care to an Individual, or the past, present or future payment for the provision of health care to an Individual; (ii) identifies the Individual (or for which there is a reasonable basis for believing that the information can be used to identify the Individual); and (iii) is created, received, maintained, or transmitted by Business Associate from or on behalf of Covered Entity, and includes Protected Health Information that is made accessible to Business Associate by Covered Entity. “Protected Health Information” includes Electronic Protected Health Information.

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

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

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

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

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

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

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

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

2. PERMITTED AND REQUIRED USES AND DISCLOSURES OF PROTECTED HEALTH

INFORMATION

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

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

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

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

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

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

3. PROHIBITED USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION

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

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

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

4. OBLIGATIONS TO SAFEGUARD PROTECTED HEALTH INFORMATION

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

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

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

BREACHES OF UNSECURED PROTECTED HEALTH INFORMATION

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

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

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

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

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

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

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

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

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

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

5.3.2 If the statement is made orally, Business Associate shall document the statement, including the identity of the official making the statement, and delay its reporting and/or notification obligation(s) temporarily and no longer than 30 days from the date of the oral statement, unless a written statement as described in Section 5.3.1 is submitted during that time. 51 of 89 51 of 89
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6. WRITTEN ASSURANCES OF SUBCONTRACTORS

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

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

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

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

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

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

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

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

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

7. ACCESS TO PROTECTED HEALTH INFORMATION

7.1 To the extent Covered Entity determines that Protected Health Information is maintained by Business Associate or its agents or Subcontractors in a Designated Record Set, Business Associate shall, within two (2) business days after receipt of a request from Covered Entity, make the Protected Health Information specified by Covered Entity available to the Individual(s) identified by Covered Entity as being entitled to access and shall provide such Individuals(s) or other person(s) designated by Covered Entity with a copy the specified Protected Health Information, in order for Covered Entity to meet the requirements of 45 C.F.R. § 164.524. 52 of 89 52 of 89
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7.2 If any Individual requests access to Protected Health Information directly from Business Associate or its agents or Subcontractors, Business Associate shall notify Covered Entity in writing within two (2) days of the receipt of the request. Whether access shall be provided or denied shall be determined by Covered Entity.

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

8. AMENDMENT OF PROTECTED HEALTH INFORMATION

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

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

9. ACCOUNTING OF DISCLOSURES OF PROTECTED HEALTH INFORMATION

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

9.1.1 Any accounting of disclosures provided by Business Associate under Section

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

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

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

10. COMPLIANCE WITH APPLICABLE HIPAA RULES

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

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

11. AVAILABILITY OF RECORDS

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

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

12. MITIGATION OF HARMFUL EFFECTS

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

13. BREACH NOTIFICATION TO INDIVIDUALS

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

13.1.1 Business Associate shall notify, subject to the review and approval of Covered Entity, each Individual whose Unsecured Protected Health 54 of 89 54 of 89
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Information has been, or is reasonably believed to have been, accessed, acquired, Used, or Disclosed as a result of any such Breach.

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

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

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

14. INDEMNIFICATION

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

14.2 Section 14.1 is not intended by the parties to limit in any way the scope of Business Associate's obligations related to Insurance and/or Indemnification in the applicable underlying Agreement, Contract, Master Agreement, Work Order, Purchase Order, 55 of 89 55 of 89
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or other services arrangement, with or without payment, that gives rise to Contractor's status as a Business Associate.

15. OBLIGATIONS OF COVERED ENTITY

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

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

16. TERM

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

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

17. TERMINATION FOR CAUSE

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

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

18. DISPOSITION OF PROTECTED HEALTH INFORMATION UPON TERMINATION OR

EXPIRATION

18.1 Except as provided in Section 18.3, upon termination for any reason or expiration of this Business Associate Agreement, Business Associate shall return or, if agreed to 56 of 89 56 of 89
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by Covered entity, shall destroy as provided for in Section 18.2, all Protected Health Information received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, that Business Associate, including any Subcontractor, still maintains in any form. Business Associate shall retain no copies of the Protected Health Information.

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

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

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

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

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

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

19. AUDIT, INSPECTION, AND EXAMINATION

19.1 Covered Entity reserves the right to conduct a reasonable inspection of the facilities, systems, information systems, books, records, agreements, and policies and procedures relating to the Use or Disclosure of Protected Health Information for the purpose determining whether Business Associate is in compliance with the terms of this Business Associate Agreement and any non-compliance may be a basis for termination of this Business Associate Agreement and the applicable underlying Agreement, Contract, Master Agreement, Work Order, Purchase Order or other services arrangement, with or without payment, that gives rise to Contractor's status as a Business Associate, as provided for in section 17. 57 of 89 57 of 89
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19.2 Covered Entity and Business Associate shall mutually agree in advance upon the scope, timing, and location of any such inspection.

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

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

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

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

20. MISCELLANEOUS PROVISIONS

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

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

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

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

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

20.7 Amendment. The parties agree to take such action as is necessary to amend this Business Associate Agreement from time to time as is necessary for Covered Entity or Business Associate to comply with the requirements of the HIPAA Rules and any other privacy laws governing Protected Health Information. 59 of 89 59 of 89

CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM:

PREPARED BY:

Jason Ledbetter, City Manager
John Elsnab, Human Resources Director
AGENDA TITLE: Discussion/Possible Action – Second Reading of Ordinance 875 of the City Council of the City of Yreka Adopting the Amendments to Chapter 2.10 – Employee Personnel System
and Chapter 2.50 - Nepotism.

MEETING DATE: September 19, 2023
Summary:

The first reading of Ordinance No. 875 was held at a regular City Council meeting on September 5, 2023. The initial reading proposed revisions to the City’s Municipal Code for Chapter 2.10-Employee Personnel System and Chapter 2.50-Nepotism, which is intended to align with the recently adopted Personnel Rules for the City. Following the introduction of the Ordinance at the September 5, 2023 meeting, City staff believes the proposed revisions are in the best interest of the City, and the ordinance has been reviewed by the City Attorney pursuant to Chapter 1.24.270 - Ordinances, Resolutions, and Contracts of the Yreka Municipal Code.

Recommended Action:

City Staff recommends Adoption of Ordinance 875 of the City Council of the City of Yreka Amending Chapter 2.10-Employee Personnel System and Chapter 2.50 -Nepotism.

Fiscal Impact:

No direct fiscal impact by amending the City’s Municipal Code Attachments:
• Ordinance No. 875 - An Ordinance of the City Council of the City of Yreka Amending the Yreka Municipal Code for Chapters 2.10 and 2.50. 60 of 89 60 of 89
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LCW_DMS\YR020\018\12102008.v1-7/12/23
1 ORDINANCE NO. 875

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF YREKA, CALIFORNIA AMENDING CHAPTER 2.10

TO THE YREKA MUNICIPAL CODE ENTITLED
“EMPLOYEE PERSONNEL SYSTEM AND CHAPTER 2.50

NEPOTISM AND FINDING THE ORDINANCE EXEMPT

FROM CEQA
1 THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY
2 ORDAIN AS FOLLOWS:
3 Section 1. Section 2.10 Employee Personnel System and Section 2.50 4 Nepotism to Title 2, Administration and Personnel of the Yreka Municipal 5 Code is hereby amended with the following additions and deletions to read as 6 follows (additions in underline, deletions in strikethrough):
7 8 Chapter 2.10 EMPLOYEE PERSONNEL SYSTEM
9 Sections:
10 2.10.020 Adoption of personnel system.
11 This chapter is established to create an equitable and uniform procedure for addressing personnel matters; to 12 attract to municipal service the best and most competent persons available; to assure that appointments and 13 promotions of employees are based on merit and fitness; and to provide a reasonable degree of security for 14 qualified employees.
15 (Ord. 468 (part), 1972)
16 17 Section 1002.2 Sub
18 19 2.10.030 Personnel board.
20 There is created a personnel board to consist of the five members of the city council. 61 of 89 61 of 89
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21 The personnel board shall have the right of subpoena, the power to examine witnesses under oath, the 22 power to compel the attendance of witnesses and the power to require the production of evidence by subpoenas. 23 Subpoenas shall be issued in the name of the city and attested by the city clerk at the direction of the board. 24 Each member of the personnel board shall have the power to administer oaths to witnesses. 25 (Ord. 468 (part), 1972).
26 2.10.040 Duties of the personnel board.
27 The personnel board shall determine the order of business for the conduct of its meetings, and shall meet regularly 28 or on call of the chairman or a majority of the members of the board. A majority of the members of the board shall 29 constitute a quorum for the transaction of business. 30 The board, as provided by this chapter and by the rules, shall hear appeals submitted by any person in the 31 employ of the competitive service relative to any disciplinary action, dismissal, demotion, charge of discrimination, 32 or alleged violation of this chapter or the rules adopted pursuant thereto, and to certify its findings and 33 recommendations as provided in the personnel system rules. 34 (Ord. 468 (part), 1972).
35 2.10.050 Competitive Service The provisions of this chapter apply to all offices, positions and employments in the 36 competitive service of the city. The competitive service excludes the following:
37 (a) The city manager and their assistants;
38 (b) Elective officers;
39 (c) Members of appointive boards, commissions, and committees; 40 (d) All department heads;
41 (e) Persons engaged under contract to supply expert, professional, technical or any other services; 42 (f) Volunteer personnel, such as volunteer firefighters and reserve police officers; 43 (g) City attorney;
44 (h) Emergency employees who are hired to meet the immediate requirements of an emergency condition, 45 such as extraordinary fire, flood, or earthquake which threatens life or property; 46 (i) Employees, other than those listed elsewhere in this section, who are not regularly employed in 47 permanent positions, including temporary, summer help, extra help, or provisional employees; and 48 (j) Employees who are subject to a probationary period but who have not successfully completed their 49 probationary period.
50 51 2.10.060 Adoption and amendment of rules.
52 Personnel rules shall be adopted by resolution of the City Council after notice of such action has been publicly 53 posted in at least three public places designated by the City Council, and at least five days prior to City Council 54 consideration. The personnel officer shall give reasonable written notice to each recognized employee 55 organization affected by the ordinance, rule, resolution or regulation or amendment thereof proposed to be 56 adopted by the City Council. Amendments and revisions may be suggested by any interested party and shall be 62 of 89 62 of 89
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57 processed as provided in the personnel rules. The rules establish regulations governing the personnel system 58 including:
59 (a) Preparation, installation, revision, and maintenance of a position classification plan covering all 60 positions in the competitive service, including employment standards and qualifications for each class; 61 (b) Public announcement of all tests and acceptance of applications for employment; 62 (c) Preparation in conduct of tests and the establishment and use of resulting employment lists containing 63 names of qualified persons eligible for appointment; 64 (d) Certification and appointment of qualified persons from employment lists, in the making of provisional 65 appointments;
66 (e) Establishment of probationary periods;
67 (f) Evaluation of employees during the probationary period; 68 (g) Transfer, promotion, demotion, reinstatement, disciplinary action and lay off of employees in the 69 competitive service;
70 (h) Separation of employees from the competitive service; 71 (i) The establishment of adequate personnel records; 72 (j) The establishment of appeal procedures concerning the interpretation or application of this chapter 73 and any rules adopted hereunder.
74 (Ord. 468 (part), 1972).
75 76
77 78
79 80
81 2.10.070 Right to contract for special service.
82 The City Manager shall consider and make recommendations to the City Council regarding the extent to which the 83 City should contract for the performance of technical services in connection with the establishment or operation of 84 the personnel system. The City Council may contract with any qualified person or public or private agency for the 85 performance of all or any of the following responsibilities and duties imposed by this chapter:
86 (a) The preparation of personnel rules and subsequent revisions and amendments thereof; 87 (b) The preparation of a position classification plan, and subsequent revisions and amendments 88 thereof;
89 (c) The preparation, conduct and grading of competitive tests; 90 (d) The conduct of employee training programs;
91 (e) Special and technical services of advisory or informational character on matters relating to 92 personnel administration.
93 (Ord. 468 (part), 1972).
94 95
96 63 of 89 63 of 89
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97 98 Section 2. CEQA Exemption.
99 The City Council hereby finds and determines that the action taken 100 in this Ordinance does not commit the City to any action that may have a 101 significant effect on the environment. Accordingly, under the provisions of 102 § 15061(b)(3) and § 15378(b)(5) of Division 6 of Title 14 of the California 103 Code of Regulations, the CEQA Guidelines, the adoption of this ordinance 104 is not subject to the requirements of the California Environmental Quality 105 Act. The City Council directs City staff to file a Notice of Exemption 106 within five (5) days following adoption of this Ordinance with the Siskiyou 107 County Clerk.
108 Section 3. Severability. If any section, subsection, part, clause, sentence or 109 phrase of this ordinance or the application thereof is for any reason held to 110 be invalid or unconstitutional by a decision of any court of competent 111 jurisdiction, the validity of the remaining portions of this Ordinance, the 112 application thereof, shall not be effected thereby but shall remain in full 113 force and effect, it being the intention of the City Council to adopt each 114 and every section, subsection, part, clause, sentence phrase regardless of 115 whether any other section, subsection, part, clause, sentence or phrase or 116 the application thereof is held to be invalid or unconstitutional. 117 Section 4. Effective Date. This Ordinance shall take effect thirty days after 118 its passage and adoption and shall supersede any conflicting provision of 119 any City of Yreka ordinance.
120 Section 5. Implementation. The City Council hereby authorizes and directs 121 the City Manager to take any action and sign any documents necessary to 122 implement this Ordinance.
123 Section 6. Certification. The City Clerk shall certify to the passage and 124 adoption of this ordinance and shall cause the same to be published or posted 125 according to law.
126 Section 7. Inconsistencies. Any provisions of the Yreka Municipal Code, or 127 appendices thereto, or any other ordinances of the City inconsistent herewith, 128 to the extent of such inconsistencies and no further, are hereby repealed. 64 of 89 64 of 89
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129 Section 8. Codification. The City Clerk is directed and authorized to instruct 130 the publisher of the City of Yreka Municipal Code that codification of this 131 Ordinance is limited to Section 2.
132
133 Section 9. Execution. The Mayor and City Clerk are authorized to subscribe 134 this ordinance where indicated below to evidence its approval. 135 Introduced at a regular meeting of the City Council held on September 136 5, 2023 passed, approved by at least a majority and adopted at a regular 137 meeting of the City Council of the City of Yreka held on September 19, 2023 138 by the following vote:
139
140 AYES:
141 NOES:
142 ABSTAIN:
143 ABSENT:
144
145 Corey Middleton, Mayor
146 Approved as to Form: Attest:
147
148 Andrew Jared, City Attorney Rhetta Hogan, City Clerk 149
150
65 of 89 65 of 89

CITY OF YREKA

AGENDA MEMORANDUM
Prepared by: Juliana Lucchesi, AICP, Community Development Director Agenda Title: 6.A. Evans Family Tentative Parcel Map No. 2022-52 Meeting date: September 19, 2023
Recommended Action:

1. Hold Public Hearing

2. Motion to adopt Resolution 2023-45 A Resolution of the City Council of the City of Yreka Approving Tentative Parcel Map No. 2022-52 for the Subdivision of One 99.1-acre Parcel into Two Parcels with Conditions Summary:

The City Council will consider the following tentative parcel map application filed by Evans Family Properties, LLC for Assessor’s Parcel Numbers 061-301-010, 061- 301-060, and 061-301-240 within the City of Yreka. The proposed tentative parcel map would subdivide one 99.10-acre parcel into two separate parcels, one 43.28- acre parcel and one 55.82-acre parcel. There is one single-family residence on the central portion of proposed Parcel 2. The property is zoned R-1 Single Family Residential and M-1 Light Industrial and has General Plan Land Use Designations of Low Density Residential and Industrial. The proposed parcels would maintain the current zoning and land use designations.

The Planning Commission for the City of Yreka held a duly noticed public hearing at the August 16, 2023 regular meeting. The Planning Commission received no public comment at the hearing. The Planning Commission unanimously, with one absence, to adopt a Class 15 Categorical Exemption to the California Environmental Quality Act (CEQA) and recommend approval of the TPM to the City Council with conditions.

Background:

The proposed tentative parcel map for APN’s 061-301-010, 061-301-060, and 061- 301-240 that is expressed as only one property due to a problem in the chain of title. The chain of title is the history of a property that indicates its formation and any subdivisions or mergers that have occurred on the property. The property previous had an approved parcel map that would have separated the property into three separate parcels but was not properly recorded at some point in the 66 of 89 66 of 89
process. The Applicant aims to correct the chain of title to ensure a clean recordation of the parcels for potential future sales.

Project Location:

The proposed tentative parcel map would subdivide a single property with three Assessor’s Parcel Numbers 061-301-010, 061-301-060, and 061-301-240. The existing single-family residence on the property has the situs address of 360 East Oberlin, Yreka, CA 96097.

Surrounding Conditions and Uses:

The General Plan Land Use Designation of the surrounding properties are as follows:
• North – Industrial and Low Density Residential
• South – Industrial
• West – General Commercial and Open Space
• East – Low Density Residential
The Zoning Code Designation of the surrounding properties are as follows:
• North – Light Industrial (M1) and Low Density Residential (R1) • South – Light Industrial (M1)
• West – Commercial Highway (CH) and Recreation, School, Conservation, and Open Space (RSC)
• East – Low Density Residential (R1)
The uses of the surrounding properties are as follows:
• North – undeveloped, vacant land and suburban propane storage yard and office
• South – Industrial and commercial uses along East Oberlin Road (animal grooming, rental facility, storage facility, and gymnastics facility) • West – Decommissioned railroad line, Interstate 5, Yreka Creek, and Highway 3 commercial businesses
• East – Undeveloped, vacant land
General Plan & City Code Consistency:

The proposed subdivision would not change the General Plan Land Use Designation or the Zoning Code Designation; therefore, the proposed new parcels would conform to the lot standards of the R1 Low Density Residential for proposed Parcel 1 and M1 Light Industrial for proposed Parcel 2. 67 of 89 67 of 89
The existing single-family residence complies with the existing zoning and would not fall into noncompliance with the approval of this proposed tentative parcel map.

Environmental Review:

Pursuant to the California Environmental Quality Act (CEQA) and the local CEQA Guidelines of the City of Yreka, this project will not have a significant effect on the environment and is listed as a Class 15 Categorical Exemption pursuant to Section 15315 of the CEQA Guidelines. Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning. A Notice of Categorical Exemption Class 15 was approved by the Planning Commission August 16, 2023.

Findings:

Chapter 15.20 of the Yreka Municipal Code outlines the procedure and findings for approving a tentative parcel map. The Planning Commission may approve a tentative parcel map pursuant Section 15.20.090 if the proposed tentative parcel map complies with the requirements of Title 15 “Subdivisions” of the Yreka Municipal Code, the Subdivision Map Act, and the zoning code (Title 16).

Review by Public & Outside Agencies:

The City is required by the California Government Code to consult with local agencies that may wish to make recommendations on a proposed subdivision.

Pursuant to California Government Code Sections 66453 to 66455.9, a 15-day notice was sent on June 23, 2023, to the following agencies:
• Siskiyou County Assessor’s Office
• Siskiyou County Tax Collector
• Siskiyou County Air Pollution Control District
• Cal Fire
• Caltrans
• California Department of Fish and Wildlife
• Yreka Union School District
The city received comments from three agencies that had no comments on the project or draft conditions of approval.

The city duly noticed the Planning Commission and City Council public hearings to meet Government Code Sections 65090 and 65091. These sections require the posting of a public notice in the Siskiyou Daily news, affixing a copy of the notice to the Council Chambers Building, and mailing the notice to all property owners 68 of 89 68 of 89
a minimum of 10-days prior to the public hearing. The city received two inquires to the purpose of the tentative parcel map and no comments in support or against.

Staff Recommendation:

City Staff recommend the City Council approve Resolution 2023-45 with the conditions outlined in Attachment 3. Resolution 2023-04 includes the necessary findings of approval to grant the tentative parcel map.

Based on the information presented in the tentative parcel map and application, the findings for approval can be made with the proposed conditions. Many of the conditions of approval are codified state law and reiterated in the conditions of approval to ensure compliance with the City’s Subdivision regulations and the state Subdivision Map Act.

Attachments:

1. 2022-52 Evans Family Tentative Parcel Map Application

2. City Council Resolution 2023-45 A Resolution of the City Council of the City of Yreka Approving Tentative Parcel Map No. 2022-52 for the Subdivision of One 99.1-acre Parcel into Two Parcels with Conditions Environmental Quality Act

3. 2022-52 Evans Family Tentative Parcel Map Draft Conditions of Approval and Map
69 of 89 69 of 89
CITY OF YREKA CITY COUNCIL RESOLUTION CC 2023-45

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF YREKA APPROVING TENTATIVE PARCEL
MAP NO. 2022-52 FOR THE SUBDIVISION OF ONE 99.1-

ACRE PARCEL INTO TWO PARCELS WITH

CONDITIONS
WHEREAS, Evans Family Properties LLC, Applicant, has filed an application for Tentative Parcel Map No. 2022-52 to subdivide one 99.1-acre parcel into two separate parcels, one 43.28- acre parcel and one 55.82-acre parcel. There is one single-family residence on the parcel. The applicant does not propose to erect any additional structures as part of this project; and, WHEREAS, the City has processed said application pursuant to the City’s subdivision regulations in Title 15, the Subdivision Map Act, and the California Environmental Quality Act of 1970 as amended; and
WHEREAS, on or before July 5, 2023, and September 5, 2023, the City gave public notice as required under Government Code Section 66451.3 by mailing notices to property owners within at least 300 feet of the project; and
WHEREAS, the Planning Commission held a duly noticed public hearing as per Sections 65090 and 65091 of the California Government Code to accept public comments and to review and consider the application on Wednesday, August 16, 2023; and WHEREAS, the proposed project was evaluated for compliance with the California Environmental Quality Act (“CEQA”) and found to be exempt pursuant a Class 15 “Minor Land Division” Categorical Exemption pursuant to Section 15315 of the CEQA Guidelines; and WHEREAS, the Planning Commission at the Wednesday, August 16, 2023, voted 3-0-1 to approve Resolution PC 2024-04 that recommends approval of the proposed project to the City Council and adopted the Class 15 Categorical Exemption to CEQA; and WHEREAS, the City Council held a duly noticed public hearing as per Sections 65090 and 65091 of the California Government Code to accept public comments and to review and consider the application on Tuesday, September 19, 2023;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Yreka does hereby determine the following:

Section 1. The factual data submitted by the Planning Department of the City of Yreka in the staff report dated September 19, 2023 are true and correct.

Section 2. The City Council finds that based upon the entire record, pursuant to Section 15.20.090 of the Yreka Municipal Code, all of the following findings can be made subject to the conditions of approval listed in Section 4:
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a. The tentative parcel map is consistent with Title 15 of the Yreka Municipal Code (“Subdivision”)
b. The tentative parcel map is consistent with the Subdivision Map Act c. The tentative parcel map is consistent with Title 16 of the Yreka Municipal Code (“Zoning”)
Section 3. The City Council approves of the proposed project subject to the following conditions:

1. The Evans Family Tentative Parcel Map shall be in substantial conformance to Exhibit B, dated December 6, 2022, on file with the Planning Department, except as modified by these conditions. Minor changes to the plans may be allowed subject to the approval of the Planning Director and City Engineer.

2. The expiration date for the Tentative Map shall be two years from the date of City Council approval of the Tentative Parcel Map unless an extension has been approved in accordance with Section 15.12.090 of the Yreka Municipal Code. All Conditions of Approval must be completed, and the Final Map must be recorded prior to the expiration date of the Tentative Parcel map.

3. Planning Department approval is required before any changes are implemented in the design, grading, drainage, and all other features of the subdivision map.

4. The Final Parcel Map plan check package will be accepted for submittal only after completion of the 15-day appeal period from the date of the City Council resolution unless approval is overturned on appeal or that the design is significantly changes as a result of the appeal.

5. Applicant shall record easements for ingress/egress through Parcel 2 along the existing road for use by owners and future tenants of Assessor’s Parcel Number 061-301-130.

6. Applicant shall acquire and record easements for ingress/egress through Purtzer Assessor’s Parcel Number 061-301-130 along the existing road for use by Parcels 1 and 2 for access.

7. The Applicant shall defend, indemnify, and hold harmless the City of Yreka, its boards and commissions, officers and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorney’s fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to or claim regarding the legality, validity, processing or adequacy of the approval of this project, any permit authorized hereby for the project, or amendment thereto. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The City of Yreka shall promptly notify the Applicant of any claim, action or proceeding which may be filed and shall cooperate fully in the defense, as provided for in Government code section 66474.9.

8. A final map shall be required to subdivide the property into two parcels and a remainder as presented in Exhibit B.
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9. The project applicant shall create and record all noted easements in Exhibit B for underground electric, ingress, and egress with the final parcel map.

10. Prior to approval of the final parcel map, the applicant shall comply with all applicable conditions of outside agencies having jurisdiction.

11. Prior to the first plan check, the applicant’s engineer/surveyor shall submit a preliminary copy of the Final Map along with a preliminary copy of the title report and a copy of the adjoining deeds and/or recorded maps to the City. The City will forward these documents to its consultant who will estimate the cost for examining the map and certifying that the map is technically correct and in accordance with Section 66442 of the California Subdivision Map Act, Yreka Municipal Code, and all other applicable city, state, and federal codes. After the consultant has provided a cost estimate, the applicant’s engineer/surveyor may submit the first plan check along with a deposit for these costs along with all other standard plan check fees. Any unused portion of the estimate will be returned to the applicant after the map is recorded. Similarly, if the applicant withdraws their application in writing prior to the consultant having performed the work, any unused portion of the deposit will be returned to the applicant. Conversely, should consultant’s estimate be insufficient to cover all of the consultant’s time, the applicant will be required to pay the City the difference between the estimate and the actual cost prior to submittal of the map for the City Engineer’s approval.

12. At the time applicant submits the fee for the consultant map review, the applicant shall also submit the following information to the City Engineer and City Surveyor for review and approval:
a. Two prints of the final tract map
b. One copy of the preliminary title report completed within the last six months c. One set of the computer closures
d. One legible copy of the latest recorded deed for the property being subdivided e. One legible copy of the recorded deeds for each of the adjacent properties unless those properties are part of a recorded map which has been recorded within the last seven years; and
f. One legible copy of the Recorded Final Map, Parcel Map, or Record of Survey used to prepare this Final Map.

13. The applicant’s title company shall record the final map, any grant deeds or easements, and any other required documents concurrently with the Siskiyou County Recorder’s Office.

After the recording of these documents the City shall be provided with a legible recorded copy.

14. The project applicant shall provide the City with an electronic copy of the recorded map with all recording data shown.
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15. When the map is submitted for the City Engineer’s and Surveyor’s signatures, the applicant shall provide the City with an electronic copy of the Final Map in AutoCAD format. In addition to the information shown on the final map, the electronic information submitted should include:
a. Street address(es) centered on the lot(s)
b. Building outlines for existing structures

16. Any dedications, open offers of dedication, or grants of easements may be dedicated and accepted on the face of the map. Agreement or other required items shall be recorded as separate documents concurrently with the recordation of the final map.

17. At the time of construction of any structures or site modification on the proposed parcels, a basic biological assessment shall be conducted. A basic biological assessment would include botanical, wildlife, and habitat surveys (conducted at the appropriate time of the year) to determine whether focused or protocol-level surveys are warranted. All plant and wildlife species identified in the California Natural Diversity Database (CNDDB) and other biological resource databases (U.S. Fish and Wildlife Service, California Native Plant Society, or other pertinent references) should be analyzed for the potential to occur within the Project area. The following shall be included in the biological assessment:
a. Date/time/weather conditions during the survey(s).
b. A description of the natural environment.
c. A list of common and special status plant and wildlife species as well as habitats present onsite at the time of the survey(s).
d. Rare/local/unusual species and habitats present during the survey(s). e. A thorough assessment of rare plants and sensitive natural communities should be conducted following the Department’s March 2018 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities
(https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline). f. If habitat is present for special status plants or wildlife, focused species-specific surveys should be conducted at the appropriate time of year and/or time of day when the species are active or otherwise identifiable. Acceptable species-specific survey procedures should be developed in consultation with the Department and the U.S. Fish and Wildlife Service. Links to some survey procedures are provided on the Department’s website (https://wildlife.ca.gov/Conservation). g. If any special-status species are found during surveys, the Department requests that CNDDB forms be filled out online and submitted. Instructions for providing data to the CNDDB can be found at: https://wildlife.ca.gov/Data/CNDDB/SubmittingData. 73 of 89 73 of 89
h. Impacts to and maintenance of wildlife corridor/movement areas and other key seasonal use areas should be fully evaluated and provided. i. A discussion of impacts associated with increased lighting, noise, human activity, impacts of free-roaming domestic animals including dogs and cats, changes in drainage patterns, changes in water volume, velocity, quantity, and quality, soil erosion, and/or sedimentation in streams and watercourses on or near the Project site.
j. Mitigation measures for adverse Project-related impacts to sensitive plants, wildlife, and habitats should be developed and thoroughly discussed. Mitigation measures should first emphasize avoidance and reduction of Project impacts. For unavoidable impacts, the feasibility of on-site habitat restoration or enhancement should be discussed. If on-site mitigation is not feasible, off-site mitigation through habitat creation, enhancement, acquisition, and preservation in perpetuity should be addressed.
k. As the Project site has the potential to support aquatic, riparian, or wetland habitat, a delineation of lakes, streams, and associated riparian habitats potentially affected by the Project should be provided for agency and public review. This report should include a preliminary jurisdictional delineation including wetlands identification pursuant to the U. S. Fish and Wildlife Service wetland definition as adopted by the Department. Please note that some wetland and riparian habitats subject to the Department’s authority may extend beyond the jurisdictional limits of the U.S.

Army Corps of Engineers. The jurisdictional delineation should also include mapping of ephemeral, intermittent, and perennial stream courses potentially impacted by the Project. In addition to “federally protected wetlands” (see CEQA Appendix G (IV)(c)), the Department considers impacts to any wetlands (as defined by the Department) as potentially significant.

18. Botanical Surveys: Botanical surveys shall be conducted across the entire Project site during the appropriate blooming time prior to the approval of construction or site modification. Botanical surveys should follow the Department’s March 20, 2018, Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities, available here:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959.

If no special status plant species are found during the botanical survey, no other measures will be required. However, if drought conditions exist, additional pre-construction surveys for special status plant species may be warranted. If special status plant species are found during the botanical surveys, the plants should be marked by a qualified biologist familiar with the species. If the area can be avoided, exclusionary fencing will be placed around the plants and no pedestrian or vehicular entry should be allowed. Botanical survey results should be emailed to CDFW at [email protected] and the City of Yreka Planning Department.
74 of 89 74 of 89

19. Nesting Birds: To avoid impacts to nesting birds and/or raptors protected under FGC sections 3503 and 3503.5 and the federal Migratory Bird Treaty Act, one of the following should be implemented:

I. Vegetation removal and other ground-disturbance activities associated with construction should occur between September 1 and January 31, when birds are not nesting; or II. If vegetation removal or ground disturbance activities occur during the nesting season, a pre-construction nesting bird survey should be conducted by a qualified biologist to identify active nests in and adjacent to the Project area.

Surveys should begin prior to sunrise and continue until vegetation and nests have been sufficiently observed. The survey should consider acoustic impacts and line-of sight disturbances occurring as a result of the Project to determine a sufficient survey radius to maximize observations of nesting birds. A nesting bird survey report should be prepared and at a minimum, the report should include a description of the area surveyed, date and time of the survey, ambient conditions, bird species observed, a description of any active nests observed, any evidence of breeding behaviors (e.g., courtship, carrying nest materials or food, etc.), and a description of any outstanding conditions that may have impacted the survey results (e.g., weather conditions, excess noise, the presence of predators, etc.).

If an active nest is located during the preconstruction surveys, a non-disturbance buffer should be established around the nest by a qualified biologist in consultation with the Department and U.S. Fish and Wildlife Service to comply with FGC sections 3503 and 3503.5 and the Migratory Bird Treaty Act. Compliance measures may include, but are not limited to, exclusion buffers, sound-attenuation measures, seasonal work closures based on the known biology and life history of the species identified in the survey, as well as ongoing monitoring by biologists.

The nesting bird survey report shall be submitted to the City of Yreka Planning Department and CDFW upon completion via email to [email protected]. The survey should be conducted no more than one week prior to the initiation of construction or site modifications. If construction activities are delayed or suspended for more than two weeks after the pre-construction nesting bird survey, the site should be resurveyed.

20. Bats: The Project area contains potential suitable for several bat species. Trees that contain cavities, crevices and/or exfoliated bark have high potential to be used by various bat species. If the Project will impact trees with the above-referenced characteristics, a thorough survey of the large trees should be conducted by a qualified biologist or arborist familiar with these features, to determine if tree features and habitat elements are present.

Trees with features potentially suitable for bat roosting should be clearly marked and the following should occur prior to removal.

If removal or disturbance of trees identified to have roost structure will occur during the bat maternity season, when young are non-volant (March 1 – Aug 31), or during the bat hibernacula (November 1 – March 1), when bats have limited ability to safely relocate roosts, it could cause a significant impact to bats through direct mortality during the roost 75 of 89 75 of 89
removal. Impacts to roosts are usually accompanied by high mortality of bats, which is a significant impact because a single colony could consist of the entire local population of a species. The availability of suitable roosting habitat is considered a limiting factor in almost all bat species. Roost site suitability is often based on a narrow range of suitable temperatures, relative humidity, physical dimensions, etc., and many species exhibit high roost site fidelity. Depending on the impact, if any, to the roosting habitat, additional mitigation may be necessary and could include providing replacement or alternate roost habitat. If necessary, humane evictions should be conducted during seasonal periods of bat activity, which may vary by year, location, or species and must be conducted by or under the supervision of a biologist with specific experience conducting exclusions. Humane exclusions could consist of a two-day tree removal process whereby the non-habitat trees and brush are removed along with certain tree limbs on the first day and the remainder of the tree on the second day. This two-step process changes the microhabitat of the area causing the bats to vacate the area under their own volition, therefore minimizing mortality and other impacts to bat species.

21. Lighting: CDFW recognizes the adverse effects that artificial lighting has on birds and other nocturnal species. The effects are numerous and include impacts to singing and foraging behavior, reproductive behavior, navigation, and altered migration patterns. To minimize adverse effects of artificial light on wildlife, CDFW requires that lighting fixtures associated with the Project be downward facing, fully shielded, and designed and installed to minimize photo-pollution and spillover of light onto adjacent wildlife habitat when applicable.

22. Trenching: If trenching will occur as a result of Project activities, it should be covered securely prior to stopping work each day, or a ramp should be provided in the trench to prevent wildlife entrapment. If pipes are left out onsite, they should be inspected for animals prior to burying, capping, moving, or filling.

23. Lake or Streambed Alteration Agreement: Notification pursuant to Section 1602 et seq. of the Fish and Game Code may be applicable. To obtain information about the 1600 Notification process, please access the Department’s website at:
https://www.wildlife.ca.gov/Conservation/LSA

24. California Endangered Species Act: Please be advised that a CESA permit must be obtained if the project has the potential to result in “take” of plants or animals listed under CESA, either during construction or over the life of the project. Issuance of a CESA Permit is subject to CEQA documentation; the CEQA document must specify impacts, mitigation measures, and a mitigation monitoring and reporting program. If the Project will result in the taking of a CESA-listed species, early consultation is encouraged, as significant modification to the Project and mitigation measures may be required to obtain a CESA Permit. Information on how to attain a CESA permit is available here:
https://wildlife.ca.gov/Conservation/CESA/Permitting.

25. The applicant shall obtain a Tax Certificate from the Siskiyou County Assessor’s Office to be filed with the Siskiyou County Tax Collector’s Office prior to final recording. 76 of 89 76 of 89
Section 4. It is further resolved, if any section, subsection, part, clause, sentence or phrase of this Resolution or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Resolution, the application thereof, shall not be effected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.

Section 5. This Resolution shall take effect immediately upon its passage.

Passed and adopted this 19th day of September 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
____________________________
Corey Middleton
Mayor of the City of Yreka
Attest:
_____________________________
Shella Rhetta Hogan, City Clerk
77 of 89 77 of 89
2202-52 Evans Family Tentative Parcel Map Page 1 of 6

CITY OF YREKA
TENTATIVE PARCEL MAP PERMIT NO. 2022-52

DRAFT CONDITIONS OF APPROVAL
APPLICANT: EVANS FAMILY PROPERTIES LLC
ASSESSOR’S PARCEL NUMBER: 061-301-010, -060, & -240
PROJECT LOCATION: 360 EAST OBERLIN ROAD,

IN THE CITY OF YREKA
Planning Department

3. Planning Department approval is required before any changes are implemented in the design, grading, drainage, and all other features of the subdivision map.

5. Applicant shall record easements for ingress/egress through Parcel 2 along the existing road for use by owners and future tenants of Assessor’s Parcel Number 061-301-130.

6. Applicant shall acquire and record easements for ingress/egress through Purtzer Assessor’s Parcel Number 061-301-130 along the existing road for use by Parcels 1 and 2 for access.

City Engineer/City Surveyor

8. A final map shall be required to subdivide the property into two parcels and a remainder as presented in Exhibit B.
78 of 89 78 of 89
2202-52 Evans Family Tentative Parcel Map Page 2 of 6

9. The project applicant shall create and record all noted easements in Exhibit B for underground electric, ingress, and egress with the final parcel map.

10. Prior to approval of the final parcel map, the applicant shall comply with all applicable conditions of outside agencies having jurisdiction.

13. The applicant’s title company shall record the final map, any grant deeds or easements, and any other required documents concurrently with the Siskiyou County Recorder’s Office.

After the recording of these documents the City shall be provided with a legible recorded copy.

14. The project applicant shall provide the City with an electronic copy of the recorded map with all recording data shown.

California Department of Fish and Wildlife

17. At the time of construction of any structures or site modification on the proposed parcels, a basic biological assessment shall be conducted. A basic biological assessment would include botanical, wildlife, and habitat surveys (conducted at the appropriate time of the year) to determine whether focused or protocol-level surveys are warranted. All plant and wildlife species identified in the California Natural Diversity Database (CNDDB) and other biological resource databases (U.S. Fish and Wildlife Service, California Native Plant Society, or other pertinent references) should be analyzed for the potential to occur within the Project area. The following shall be included in the biological assessment:
a. Date/time/weather conditions during the survey(s).
b. A description of the natural environment.
c. A list of common and special status plant and wildlife species as well as habitats present onsite at the time of the survey(s).
d. Rare/local/unusual species and habitats present during the survey(s). e. A thorough assessment of rare plants and sensitive natural communities should be conducted following the Department’s March 2018 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities
(https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline). f. If habitat is present for special status plants or wildlife, focused species-specific surveys should be conducted at the appropriate time of year and/or time of day when the species are active or otherwise identifiable. Acceptable species-specific survey procedures should be developed in consultation with the Department and the U.S. Fish and Wildlife Service. Links to some survey procedures are provided on the Department’s website (https://wildlife.ca.gov/Conservation). g. If any special-status species are found during surveys, the Department requests that CNDDB forms be filled out online and submitted. Instructions for providing data to the CNDDB can be found at: https://wildlife.ca.gov/Data/CNDDB/SubmittingData. h. Impacts to and maintenance of wildlife corridor/movement areas and other key seasonal use areas should be fully evaluated and provided. i. A discussion of impacts associated with increased lighting, noise, human activity, impacts of free-roaming domestic animals including dogs and cats, changes in drainage patterns, changes in water volume, velocity, quantity, and quality, soil erosion, and/or sedimentation in streams and watercourses on or near the Project site.
j. Mitigation measures for adverse Project-related impacts to sensitive plants, wildlife, and habitats should be developed and thoroughly discussed. Mitigation measures should first emphasize avoidance and reduction of Project impacts. For 80 of 89 80 of 89
2202-52 Evans Family Tentative Parcel Map Page 4 of 6
unavoidable impacts, the feasibility of on-site habitat restoration or enhancement should be discussed. If on-site mitigation is not feasible, off-site mitigation through habitat creation, enhancement, acquisition, and preservation in perpetuity should be addressed.
k. As the Project site has the potential to support aquatic, riparian, or wetland habitat, a delineation of lakes, streams, and associated riparian habitats potentially affected by the Project should be provided for agency and public review. This report should include a preliminary jurisdictional delineation including wetlands identification pursuant to the U. S. Fish and Wildlife Service wetland definition as adopted by the Department. Please note that some wetland and riparian habitats subject to the Department’s authority may extend beyond the jurisdictional limits of the U.S.

19. Nesting Birds: To avoid impacts to nesting birds and/or raptors protected under FGC sections 3503 and 3503.5 and the federal Migratory Bird Treaty Act, one of the following should be implemented:

I. Vegetation removal and other ground-disturbance activities associated with construction should occur between September 1 and January 31, when birds are not nesting; or
II. If vegetation removal or ground disturbance activities occur during the nesting season, a pre-construction nesting bird survey should be conducted by a qualified biologist to identify active nests in and adjacent to the Project area.

Surveys should begin prior to sunrise and continue until vegetation and nests have been sufficiently observed. The survey should consider acoustic impacts and line-of sight 81 of 89 81 of 89
2202-52 Evans Family Tentative Parcel Map Page 5 of 6
disturbances occurring as a result of the Project to determine a sufficient survey radius to maximize observations of nesting birds. A nesting bird survey report should be prepared and at a minimum, the report should include a description of the area surveyed, date and time of the survey, ambient conditions, bird species observed, a description of any active nests observed, any evidence of breeding behaviors (e.g., courtship, carrying nest materials or food, etc.), and a description of any outstanding conditions that may have impacted the survey results (e.g., weather conditions, excess noise, the presence of predators, etc.).

Trees with features potentially suitable for bat roosting should be clearly marked and the following should occur prior to removal.

If removal or disturbance of trees identified to have roost structure will occur during the bat maternity season, when young are non-volant (March 1 – Aug 31), or during the bat hibernacula (November 1 – March 1), when bats have limited ability to safely relocate roosts, it could cause a significant impact to bats through direct mortality during the roost removal. Impacts to roosts are usually accompanied by high mortality of bats, which is a significant impact because a single colony could consist of the entire local population of a species. The availability of suitable roosting habitat is considered a limiting factor in almost all bat species. Roost site suitability is often based on a narrow range of suitable temperatures, relative humidity, physical dimensions, etc., and many species exhibit high roost site fidelity. Depending on the impact, if any, to the roosting habitat, additional mitigation may be necessary and could include providing replacement or alternate roost habitat. If necessary, humane evictions should be conducted during seasonal periods of bat activity, which may vary by year, location, or species and must be conducted by or under the supervision of a biologist with specific experience conducting exclusions. Humane exclusions could consist of a two-day tree removal process whereby the non-habitat trees and brush are removed along with certain tree limbs on the first day and the remainder of the tree on the second day. This two-step process changes the microhabitat of the area 82 of 89 82 of 89
2202-52 Evans Family Tentative Parcel Map Page 6 of 6
causing the bats to vacate the area under their own volition, therefore minimizing mortality and other impacts to bat species.

24. California Endangered Species Act
Please be advised that a CESA permit must be obtained if the project has the potential to result in “take” of plants or animals listed under CESA, either during construction or over the life of the project. Issuance of a CESA Permit is subject to CEQA documentation; the CEQA document must specify impacts, mitigation measures, and a mitigation monitoring and reporting program. If the Project will result in the taking of a CESA-listed species, early consultation is encouraged, as significant modification to the Project and mitigation measures may be required to obtain a CESA Permit. Information on how to attain a CESA permit is available here: https://wildlife.ca.gov/Conservation/CESA/Permitting.

Siskiyou County

CITY OF YREKA - PARCEL MAP APPLICATION
Ill Tentative Parcel Map - (4 or less lots) ................................ $250.00 deposit/ against cost Ill E.R.-Preliminary review .......................................................... $ 50.00 [11 Tentative Parcel Map Check- City Engineer ..................... $300.00 deposit/cost Ii] Public Hearing ................................................................... $ 85.00 (minimum fee) deposit against actual cost [ii P.H. - Project notice c'.rculation, 1-20 notices .................... $ 25.00 RECEIVED D P.H. - 21 or more notices ....................................................... $ 25.00 plus 1.00/parcel over 20 [ffi E.R.-Negative Declaration ..................................................... $200.00 deposit/cost D E.R.-Mitigated Negative Declaration ..................................... Actual cost D Environmental Impact Report ................................................ Actual cost D Parkland In-Lieu Fee (residential) ........................................ $ _____ _ D Time Extensions ....................................................................... $ 60.00 D Appeals to City Council $150 plus cost of publication (minimum fee $75.00) ClTY OF YREKA
{0 I r10_ oo
Prior to the Planning Commission Meeting -Applicate must submit a separate check payable to the Siskiyou County Clerk to cover: STATE FISH AND WILDLIFE FEES- current fee* see below ~ County Processing Fee* ...... $ 50.00 actual cost ~ Fish & Wildlife Fee"' $ _____ _ D Other$ _ ___ _ ASSESSOR'S PARCEL NUMBER: 00/ - 30/ -0/cJ -t:J£o - Zfo
APPLICANT: E::V,C/-1\)5 Ef}V01L'[ f1Zof"£1c. T1£S u...c::.... TELEPHONE NUMBER: ____________ _ I APPLICANT ADDRESS: c/o HUN( /tU:..OUNtlNCi

IF OTHER THAN APPLICANT,
NAME OF PROPERTY OWNER: _.=l.:::...,~V:_:14..:..:/\J=-=.s~· ...1..l_, :::-14-,'--'=-fllA:..:...JI~'-'--"'(-...!../_, > &~Y?t:... . .c,,tE.&;1.,=.;-r. ....:.,,...!... fc.::.. · .c..> _____________ _ PROPERTY OWNER ADDRESS: c..-/4 1-/UflJ L tl)-c.c.vlll\JffA/{,, } PROJECT LOCATION: 36 o F, c?!$f:.(?/dl\.l iZd)
DESCRIPTION OF PROPOSED PROJECT: ~N7""197,vL Prha::..LL IU,4£> --- Z P11:f2L£L.f' I agree to abide by all of the ordinances of the City of Yreka, state law, and federal law; and I authorize city representatives to enter upon the above mentioned property for inspection purposes, and to record any notice of code violation pursuant to Y.M.C. Ch.

11.40 and/or Ch. 16.08 with the office of the Siskiyou County Recorder.

I certify that I have read this application and state that the above information is correct. I agree to comply with any terms or conditions of any entitlement issued or permitted by the City pursuant to this application. * In the event the project's effect on natural resources or wildlife is other than negligible, State Fish and Wildlife requires an additional fee of $3,445.25 if an Environmental Impact Report is prepared or $2,480.25 for a Negative Declaration. These fees are subject to change and the applicant is responsible for payment of the fees in full. If required, the permit cannot be issued until such time as the fee is paid.

A project that is Statutorily or Categorically exempt requires no further fees.

APPLICANT SIGNATURE: ~~
PROPERTY OWNER'S SIGNATURE: (REQUIRED) __ _;&t~½i=~:.L! .... Ji"--',..__Qfhd;;:z::.......,_,_~"'--L..----------- Acknowledgement of application submittal After Tentative Parcel Map (4 or less lots) has been approved by the Planning Commission, the following deposit/against cost will be due upon submittal of the Final Map to the Director of Public Works for final approval.
• Final Parcel Map Check Fee ...... $750.00 deposit/against cost.

FOR OFFICE USE ONLY
ZONE:
85 of 89 85 of 89
CITfo'F YREK~
Environmental Information Form
City of Yreka
Planning Department
701 Fourth Street
Yreka, CA 96097
This document will assist the City in evaluating the proposed project's potential environmental impacts.

Complete and accurate information will facilitate the environmental assessment process, and will minimize future requests for additional information.

APPLICANT'S STATEMENT OF INTENT (Describe the proposed project):
'(Et,J lffL(Vl.. F tfHZL£1,.. //14'4--P 10 D , v /() 6 a- i 9 - A-Cf?._£_ P&:l?C--t .. L PROPERTY OWNER'S NAME: --f'-$=-i<V..s.8:;;L..LJN'-'-S:--L8 ...... Ac.L.Ll(l(.14-UIL._.,y'.,__-1-e ... Ro"", ...... e ...... 'f.. ",£.~77u;f...:--f::;__ .... Ui::::..:a...C-_/::;__ ___ _ Mailing Address: e-/o HlbJc tA<caoN 7tv6 7
Z-o "t- Ale oy (${) AL S 7 ,0z.t;Lr? Zip Code: 96 8 f "f'.

Telephone: Business: {7D[j /!30~ ..- t;;,6,o 5 Home: ( ) _____ _ APPLICANT'S/AGENT'S NAME: -""'7>""""4"-'""'"'l-'-t ..... U""--"'-kJ,::;..:..i&-c.....:UA==...:..=4;.-------------- · ' Mailing Address:
__,/c.:.J-t.,,,_Z2C-"Af.,_-r;L!.;.q-'-'4~u:...1.f...., , 1 ,.....,..c"""'d--------- Zip Code: <J 6,tJ6f
Telephone: Business: (~0) 31/0 - 0077 Home: (
Contact Person's Name: Phone: _______ _
SUBDIVISION NAME OR PROPOSED COMMON NAME FOR PROJECT:
r-v rt-·rv s Tf:M
PROJECT SITE INFORMATION (Attach legal description):

Property Address or Location: 3 6 O 13 • 05LJ?i.,,;v ILlL.

Property Assessor Parcel Number(s): 06 I- 301 -olt'.2 - 060 - Z'fo / Property Dimensions: ___________________________ _
Property Area: Square footage (gross) _______ (net) _________ _ Acreage (gross) 99 4CU;..; (net) _________ _
Site Land Use (check one and explain): D Undeveloped or Vacant Z Developed .f◊ uft(i u,'-' .Po1l-7ivAJ Hr1J s· t8 &~ts, i>t:AK£
NL ( t.. r j>ll ll //Q Al H&:S C..1...LL + Cf) IM 'ti:) w µz s::

Existing Zoning of Project Site: JZ, - I 8:NI) M- { C.:s°R.l.. vl-f..+f') -1-
86 of 89 86 of 89
DESCRIBE ADJACENT ZONING AND LAND USE WITHIN 300 FEET OF PROJECT SITE:

Zone Existing Land Use (i.e., residential, commercial, industrial, office) North /IV1. - I LI'! Z>·u s.-&, 4:ry t:u a s7Z.. C vA-;cAt\Jr South l/14 - I
East (l- - I
West V\11 --- ( fjl t, fEIA./ ,4-[
PROPOSED BUILDING(S) CHARACTERISTICS (if applicable)
Size of New Structure(s) or Building Addition(s): - ---'-N.J.......-t/'--"- A-L-------- Gross Sq. Ft. 7 Building Height (Measured from Ground to Highest Point): /J / II/- ft. No. of Floors: __ _ Height of other Appurtenances (Excluding Buildings) Measured from Ground to H'rghest Point (e.g., Antennas, Microwave Equipment, Solar Energy Equipment, Light Pole Standards, etc.):

Project Site Coverage: Building Coverage: sq. ft. %
Landscaped Area: sq. ft. %
Paved Surfaced Area: sq. fl. %
Total: sq. ft. %
Exterior Building Materials: _________________________ _ _ Exterior Building Colors: ____________________ _______ _ Total No. of Off-Street Parking Spaces: On-Site Required: __ On-Site Proposed: __ Proposed Off-Site Parking: Include a Permanent Maintenance Management Plan.

Total No. of Bicycle Spaces: Proposed: Required:

Covered: Uncovered:

If applicable, descr'rbe the Type of Exterior Lighting Proposed for the Project (height. intensity):

Building Lighting: _________________ ____________ _
Parking Lighting: _____________________________ _
If the proposal is a component of an overall larger project, describe the phases and show them on the site plan:

Does this site include signage? D Yes D No If yes, please explain the following:

Height: _________ _____ _ Illumination: _ _ _________ _ Area: ______________ _ Type: _____________ _
Dimensions: _____ _____ __ _ Colors/Materials: _____ ____ _ Location (on-/off-site): ______________________ ____ _
-2-
87 of 89 87 of 89

SITE CHARACTERISTICS
Are there any natural or man-made drainage channels through or adjacent to the project site? D Yes ~ No If yes, show on site plan and explain: ___ __________ _ Are there any trees or shrubs on the project site? '81' Yes D No ':JUA.l I ft /2.5 t-13" f-Ufif If yes, plot on site plan by size and type and indicate which are proposed for removal.

Are there any structures on the project site? ~ Yes □ No if yes, plot on the site plan and explain the following:

Present use of existing structure(s ): _ ..... !4~7'--_, i>'----=t/\l,._,r:,,....:.~--_.(_v_tJ_t,.._,,.,,,_) _ _ __________ _ Proposed use of existing structure(s): _ ___..:::.......:... lr,_~--'--'f..=-' ___ _________ _____ _ Are any structures occupied? ----1-l-"'fi._,_~------ ----- ---------- Are any structures to be demolished? __ .,__N"'-"'-0 _ ____ ______________ _ Describe age, condition, size and architectural style of all existing on-site structures (include photos):

I 1 F;>o 5 f.li.x»L

RESIDENTIAL PROJECTS ONLY
Total Lots: _____ _ Total Dwelling Units: _ _ ____ _ Total Acreage: _ ___ _ Net Density/Acre: _ _____ _
Number of Units:

Acreage:

Sq. Ft. per Unit:

For Sale or Rent:

Type of Unit:

Studio:

One-Bedroom:

Two-Bedroom:

Three-Bedroom:

Four-Bedroom:

Usable Open Space/Unit:

Private:

Common:

Total:

SingleFamily
Gross Density/Acre: ___ ___ _
Two-Family Multi-Family
Duplex (Apartments)
-3-
88 of 89 88 of 89

RETAIL, COMMERCIAL, INDUSTRIAL, INSTITUTIONAL, OR OTHER PROJECT (If project is only residential, do not answer this section.) Type(s) of Use(s): __________ ___ ___________ ___ _
Oriented to: Regional: _ _____ _ City: _____ _ Neighborhood: _____ _ Hours of Operation: _________ ___________________ _
Total Occupancy/Capacity of Building(s): _______ ______________ _ Total Number of Fixed Seats: _ ______ ________ ____ ______ _ Square Footage of: Warehouse Area: _ _ _______ _
Office Area: ______ _____ _ Loading Area: ___ ________ _ Sales Area: ___ ________ _ Storage Area: _ __________ _ Total Number of Employees: ________ ____ ___________ __ _ Anticipated Number of Employees per Shift:, ___ _________________ _ Total Number of Visitors/Customers On Site at any One Time: ________ _ _____ _ Other Occupants (specify):, ____ ____ ____ ____ ____ ____ __ _

PREVIOUS ENVIRONMENTAL DOCUMENTS
If this project is part of any other project for which a Negative Declaration or Environmental Impact Report has been prepared, reference the document below (include date and case number, if applicable).

OTHER PERMITS OR APPROVALS
List any and all other public approvals required for this project. Specify type of permits or approval, agency/department. address, person to contact, and her/his telephone number.

Permit or Approval Agency Address Contact Person Phone No.

As the applicant for this proposal, I hereby state that, to the best of my knowledge, the above answers and statements are true and complete.

Signature of ApplicanVAgent Date
Print Name and Title ofppifcaAge Phone No.
-4-
89 of 89 89 of 89

Yreka City CouncilSeptember 19, 2023

Yreka City Council
September 19, 2023