Agenda — Yreka City Council, October 3, 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
October 3, 2023
Closed Session 5:30 PM
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.

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

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

1. 5:30PM CALL TO ORDER:

2. PUBLIC COMMENT ON CLOSED SESSION:

3. CLOSED SESSION:

The City Council will recess to Closed Session to discuss the below item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced.

Join this meeting via Zoom:

Link: https://us02web.zoom.us/j/6194957056
Meeting ID# 619-495-7056
Members of the public may also remotely listen to and participate in the meeting via teleconference. If you wish to listen or participate in this meeting through teleconference, simply dial into the conference number below, and enter the meeting ID#.

Conference call in Number: 669-900-6833 (Toll-Free 888 788 0099) “RAISE YOUR HAND” to provide public comment for your desired item. Speakers will be asked to identify themselves.
• Online: If you are online, click on “raise hand” on the bottom of your screen. • Mobile App: In the mobile app, you can raise your hand by tapping the "Raise Hand" option in the "More" tab. • Telephone: If you are calling in via telephone, to raise your hand, dial *9 (star-nine). Speakers will be called on by the last four digits of their phone number. To unmute yourself dial *6 (star-six). 1 of 58

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a. Conference with legal counsel—anticipated litigation (City Initiating) (Govt C §54956.9(d)(4) - Number of cases: 2
b. Conference with real property negotiator (Govt C §54956.8) - Property: 400 S. Foothill, Yreka APN 054-191-290-000
- Agency negotiator: Jason Ledbetter
- Negotiating parties: Siskiyou County
- Under negotiation: Price and Terms
c. Conference with real property negotiator (Govt C §54956.8) - Property: 1961 Campus Drive, Yreka APN 062-031-190-000 (1.25 acres) - Agency negotiator: Jason Ledbetter
- Negotiating parties: Nor-Cal Products by Pfeiffer Vacuum - Under negotiation: Price and Terms

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

5. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:

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

6. PUBLIC COMMENTS:

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

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

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

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

All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval/ratification of payments issued from September 11, 2023, through September 25, 2023. b. Approval of Minutes of the Regular Meeting held September 19, 2023. c. Motion to Adopt Resolution 2023-47 Declaring a City-Owned Property as Surplus Land and Authorizing the City Manager or Designee to Take Implementing Actions Necessary to Comply with the Surplus Land Act (Government Code Sections 54220 et seq.) d. Motion to Adopt Resolution 2023-48 Authorizing the City Manager to Award a Construction Contract to Advantage Paving, for the S. Oregon Street Rehabilitation Project in the Amount of $963,992 for the Base Bid, and to Execute Related Documents.
e. Motion to Adopt Resolution 2023-49 of the City Council of the City of Yreka, State of California, Authorizing the Filing of an Application for the USDA-FS Community Wildfire Defense Grant (USDA-FS-2023-CWDG-CWSF).

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

8. OLD BUSINESS: (none)

9. PUBLIC HEARINGS: (none)
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.

10. NEW BUSINESS
Finance Director
a. Title: Approving Guidelines for the Submission and Tabulation of Protests in Connection with Rate Hearings Conducted Pursuant to Article XIIID, Section 6 of the California Constitution At the September 5, 2023, City Council meeting, Paul Reuter with PACE Engineering presented the City of Yreka’s 2023 Water and Wastewater Utility Rate Study. This evening before you is the resolution requesting adoption of the protest voting procedures for the proposed rate increase. If the procedures resolution is approved this evening, rate increase notices will be mailed to all water and wastewater utility customers 45-days prior to the public hearing considering the rate increase. That public hearing is scheduled for November 21, 2023.

Recommended City Council Action: Motion to Adopt Resolution 2023-46 of the City Council of the City of Yreka Approving Guidelines for the Submission and Tabulation of Protests in Connection with Rate Hearings Conducted Pursuant to Article XIIID, Section 6, of the California Constitution and Finding the Resolution Exempt from CEQA.
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11. CITY MANAGER/STAFF REPORTS:

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

12. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

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

13. ADJOURNMENT:

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

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 October 3, 2023 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.ci.yreka.ca.us and posted at Yreka City Hall, 701 Fourth St., Yreka, California. /s/: Rhetta Hogan
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YREKA CITY COUNCIL MEETING MINUTES
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]

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

The meeting was called to order at 6:30 PM, Councilmembers Kegg, McCoy and Middleton were present.

Councilmember Davis is absent. Councilmember Baker was absent.

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.

Fire Chief Lemos introduced the City’s latest volunteer Dalton Landrum who is being considered tonight for an appointment.

Kory Hayden from Siskiyou Economic Development gave a quarterly update on SCEDC programs and grants.

Quintin Gaddy, SCDC news and updates on the $750,000 Highway 3 Business Assistance Grants and Loans mitigation for construction impacts and how to apply for a grant or loan.

3. PUBLIC COMMENTS:

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

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• Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.

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

Public comment was heard from Dawnmarie Autrey.

4. CONSENT AGENDA:

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

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

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

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

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

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: Evans Family Tentative Parcel Map No. 2022-52 The City Council will consider the 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.

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
There were no public hearing comments.

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

7. CITY MANAGER/STAFF REPORTS:

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

Jason Ledbetter City Manager thanked the public works department’s road crew for the Miner Street pavement improvements. City Manager Ledbetter attended the Continuum of Care on 9/6/23 and the Finance Ad Hoc Meeting on 9/7/23. Dr. Collard, Siskiyou County Public Health is working on mobile laundry and shower trailer contract for unhoused population, with the City and coordinating with public works for location and 30 of 58

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water/sewer hookups. City Manager Ledbetter met with members of public to have the Yreka Stands Against Hate proclamation for future consideration again. City Manager Ledbetter attended the state Planning Conference in Fresno over the weekend and shared focused highlights from the workshops presented at the conference.

8. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

Councilmember Kegg attended the 9/7 Fire Ad Committee meeting, commented input received from the advisory team. Take-away was getting the messaging about the proposed tax out and consistent information to the public. Councilmember Kegg gave updates on changes in the structure of the Continuum of Care, where the regional leadership is changing to local
Councilmember McCoy spoke to his support to the public works crew for the striping updates on Miner Street.

Councilmember McCoy thanked the SCEDC for their programs helping the community.

Councilmember Middleton stated that Miner Street improvements look great. Councilmember Middleton asked everyone to continue to support the businesses affected by the Highway 3 construction. Councilmember spoke to City Manager Ledbetter who is coordinating with Caltrans for a Highway 3 construction project update. Councilmember spoke to United Against Hate, and we will hear more on that in the future.

9. ADJOURNMENT:

The meeting was adjourned at 7:25PM.
-----------------------------------
Corey Middleton, Mayor
Minutes approved by City Council,
Motion on September 19, 2023
-------------------------------
Rhetta Hogan, City Clerk
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CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From:

Prepared By:

Jason Ledbetter, City Manager
Cynthia Lynch, Municipal Projects Manager
Agenda Title: Discussion/Possible Action: Adopt Resolution 2023-47 Declaring a City-Owned Property as Surplus Land and Authorizing the City Manager or Designee to Take Implementing Actions Necessary to Comply with the Surplus Land Act (Government Code Sections 54220 et seq.)
Meeting Date: October 3, 2023
Recommendation and Requested Action:

That Council adopt Resolution 2023-47 declaring a City-owned property as exempt surplus land and authorizing the City Manager or designee to take implementing actions necessary to comply with the Surplus Land Act (Government Code Sections 54220 et seq.).

Discussion:

The California Surplus Land Act (Government Code 54220 et seq.), or “the SLA”, governs the sale or other transfer of government-owned surplus lands and requires local agencies to prioritize opportunities for certain uses, including affordable housing development, for any land the entity may sell or lease. Effective January 1, 2020, Assembly Bill (AB) No. 1486 and AB No. 1255 amended the SLA to require local agencies to formally declare publicly owned property which is not necessary for the local agency’s use as surplus land before beginning the disposition process.

These properties may be declared either “surplus” or “exempt surplus” by the legislative body of the local agency, in a regular public meeting, as supported by written findings.

Surplus land must follow a statutory noticing and negotiation period with certain designated entities, including eligible housing sponsors defined by the California Department of Housing and Community Development (HCD). Exempt surplus land does not have to follow these procedural requirements of the Surplus Land Act.

The City has no current plans to develop or make improvements on the property listed in the written findings of the attached resolution (Exhibit A). Council’s declaration of this parcel as surplus land and the adoption of the attached resolution are the first steps of the disposition process under the SLA.

Fiscal Impact:

There is no immediate financial impact or budget action necessary as a result of the recommended action. When staff returns to Council for interim or long-term disposition proposals, the specific financial impacts for each property will be shared. 32 of 58
Resolution No. 2023-47 Declaration of Surplus Land – 1961 Campus Drive Pg. 1 of 2 RESOLUTION NO. 2023-47

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

DECLARING A CITY-OWNED PROPERTY AS SURPLUS LAND AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE

IMPLEMENTING ACTIONS NECESSARY TO COMPLY WITH THE
SURPLUS LAND ACT (GOVERNMENT CODE SECTIONS 54220 ET SEQ.) WHEREAS, the City of Yreka, California (“City”) is the owner in fee simple of a parcel of real property located at 1961 Campus Drive, on the west side of Campus Drive in Yreka, California and identified by Assessor’s Parcel Number [“APN”] 062-031-190 (“the Parcel”); and WHEREAS, this parcel is zoned M-1 (light industrial); and WHEREAS, effective January 1, 2020, under the Surplus Land Act (“SLA”) Government Code Section 54220-54233, surplus property is defined as land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use; and
WHEREAS, under the SLA, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and
WHEREAS, the City Council desires to declare that the Parcel, approximately 1.25 acres, is surplus land because it is not necessary for the City’s use; and WHEREAS, the City intends to follow the provisions of the SLA in the disposition of public lands; and
WHEREAS, the process described in the SLA should take place prior to taking any further actions regarding the disposition of the Surplus Properties; and WHEREAS, this declaration of surplus land does not obligate the City to subsequently dispose of the land and the City could still decide not to move forward with disposition of specific properties.

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

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

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

SECTION 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). 33 of 58
Resolution No. 2023-47 Declaration of Surplus Land – 1961 Campus Drive Pg. 2 of 2 City staff has determined that the designation of this property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the property is sold or leased to a purchaser and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.

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

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

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

Passed and adopted this 3rd day of October, 2023 in a regular meeting of the City Council of the City of Yreka by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
_________________________________
Corey Middleton, Mayor
Attest:
_______________________________
Shella Rhetta Hogan, City Clerk
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Exhibit A ‐ Parcel List and Determinations ‐ Resolution No. 2023‐47 APN Site Name/Location Acreage Zoning Written findings for Surplus Land determination 062‐031‐190 1961 Campus Drive
W Corner of Campus Dr. and Ranch Lane

1.25 M‐1 ‐ Light Industrial Subject property has been owned by the City since 1959. It is undeveloped and there are no current City plans for site development. At present it is considered unnecessary for the City’s use and therefore the City wishes todeclare the parcel surplus land per GC 54221(b)(1). 35 of 58

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Matthew Bray, Director of Public Works
Prepared By: Cynthia Lynch, Municipal Projects Manager
Agenda Title: Adopt Resolution 2023-48 Authorizing the City Manager to Award a Construction Contract to Advantage Paving, Inc. for the South Oregon Street Rehabilitation Project in the Amount of $963,992 for the Base Bid, and to Execute Related Documents
Meeting date: October 3, 2023
Recommendation and Requested Action:

That the Council adopt Resolution 2023-48 authorizing the City Manager to award a construction contract to Advantage Paving, Inc. for the South Oregon Street Rehabilitation Project in the amount of $963,992 for the base bid, and to execute related documents.

Discussion:

On September 28, 2023, bids were opened for the South Oregon Street Rehabilitation Project. The purpose of the project is to repair the street and the underlying water and sewer system.

The results of the bid opening are as follows:

Name Location Total Base Bid
Tullis, Inc. Redding, CA $ 1,064,996.00
S.T. Rhoades Construction, Inc. Redding, CA $ 1,223,260.50 J.F. Shea Construction, Inc. Redding, CA $ 1,085,743.00 Advantage Paving & Excavating, Inc. Yreka, CA $ 963,992.00 Engineer’s Estimate of Construction Costs $ 1,200,000.00 City staff has evaluated the bidders’ and proposed subcontractors’ license statuses, bonds, and insurance company information, and has confirmed that the apparent low bidder is not debarred from working on any projects in California. Staff finds the bid to be responsive and the bidder responsible, which requirements allow the City to award the project to the apparent low bidder.

The City’s existing contract with consultant engineering firm GHD, Inc. includes having the consultant provide project inspection and oversight of the contractor during construction, with the assistance of City 36 of 58
staff. The plan is to have the project work begin in Spring 2024 to allow proper traffic control coordination with the long-term Caltrans Highway 3 Rehabilitation Project occurring on Main Street in Yreka.

Fiscal Impact:

The fiscal impact of awarding the Base Bid amount is $963,992 plus an estimated $175,000 for the related costs of construction contingencies, project management, inspection, testing and contract administration, to be reimbursed by the Caltrans State Transportation Improvement Program (STIP) with City match from the General fund.
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Resolution No. 2023-48 S. Oregon St. Rehab Project Award - Advantage Paving & Excavating, Inc. Pg. 1 of 2 RESOLUTION NO. 2023-48

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA AUTHORIZING

THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT TO
ADVANTAGE PAVING & EXCAVATING, INC. FOR THE SOUTH OREGON STREET REHABILITATION PROJECT IN THE AMOUNT OF $963,992 FOR THE

BASE BID, AND TO EXECUTE RELATED DOCUMENTS
WHEREAS, the City is a municipal corporation with the legal authority to enter into contracts and agreements in the State of California; and
WHEREAS, the City applied for Caltrans State Transportation Improvement Program (STIP) funds for the design and construction of the S. Oregon Street Rehabilitation Project; and WHEREAS, after completing an environmental review in accordance with the California Environmental Quality Act, a CEQA Notice of Exemption was filed with the Siskiyou County Clerk on April 26, 2019; and
WHEREAS, the City was allocated STIP funds for construction of the project on March 25, 2023; and
WHEREAS, City staff has reviewed the design, plans, and specifications, prepared by GHD, Inc., to confirm adherence with applicable statutes, codes, standards, and guidelines and staff recommends that the City Council approve the design, plans and specifications, for the S. Oregon Street Rehabilitation Project, City Project No. 6037; and
WHEREAS, the project was advertised for competitive bids on August 31 and September 7, 2023, in accordance with the California Public Contract Code; and WHEREAS, a Mandatory Pre-Bid Meeting for the project was also advertised on those dates and was held on September 14, 2023; and
WHEREAS, bids were opened on September 28, 2023, and a bid analysis and evaluation of the bidders who submitted proposals has been completed; and WHEREAS, the Public Contracts Code requires the award of construction contracts to the lowest responsive and responsible bidder.

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

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

Section 2. The City Council hereby approves for Construction, the design, plans, and specifications prepared by GHD, Inc. as reviewed and approved by the Director of Public Works, for the S. Oregon Street Rehabilitation Project, City Project No. 6037.
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Resolution No. 2023-48 S. Oregon St. Rehab Project Award - Advantage Paving & Excavating, Inc. Pg. 2 of 2 Section 3. The City Manager, or his designee, and all other proper officers and officials of the City are hereby authorized to award the work known as the S. Oregon Street Rehabilitation Project to Advantage Paving & Excavating, Inc. who is the lowest responsive and responsible bidder for the Base Bid items in the amount of $963,992, and to execute such agreements, documents and certificates, and perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.

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

Section 5. The City Manager is authorized to approve additional contracts for ancillary construction services such as testing or inspections, and the Department of Public Works is authorized to provide administration support and related services, to complete construction of the project.

Section 6. It is further resolved, if any section, subsection, part, clause, sentence or phrase of this Resolution or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Resolution, the application thereof, shall not be effected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.

Section 7. This Resolution shall take effect immediately upon its passage.

Passed and adopted this 3rd day of October, 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
_________________________________________
Corey Middleton
Mayor of the City of Yreka
Attest:
______________________________________
Shella Rhetta Hogan, City Clerk
39 of 58
S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\10 October 2023\2023- 10-03\USFS Grant Reso\Staff Report USDA-FS CWPP Grant REV.docx

CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager
AGENDA TITLE: USDA Forest Service Community Wildfire Defense Grant (USDAFS-2023-CWDG-CWSF) MEETING DATE: October 3, 2023
Recommendation andRequested Action:

Motion to Adopt Resolution 2023-49 of the City Council of the City of Yreka, State of California, Authorizing the Filing of an Application for the USDA-FS Community Wildfire Defense Grant (USDA-FS-2023-CWDG-CWSF).

The Project
The City of Yreka has identified the need to utilize staff and contractual consulting services to assist the City with resilience planning. The city has a current Community Wildfire Protection Plan dated July 2021. Within the action plan’s priority areas, item B outlines home hardening preparedness.

This may include working with city building officials to develop and adopt building standards that will increase structure resiliency, directing staff to support and assist in creation of local or regional mitigation partnership(s), planning and addressing public health and safety effects of smoke and mitigation from wildfire, and testing the effectiveness of community wildfire planning.

Build America Bureau, U.S. Department of Agriculture: Federal CFDA# 10.720 The Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law or BIL, created the Community Wildfire Defense Grant program to provide communities with funds to plan for and reduce their risk from wildfire. The Program will award grants for either the hiring of staff or consultants to provide planning services.

Local and Tribal governments are encouraged to conduct planning and exercises to assist their communities with wildfire preparedness, response, and adaptation efforts. Local governments should also consider how tools such as zoning, building codes and land use planning may be used to change how and where homes and businesses are constructed and located so that wildfire risk is reduced, and firefighter safety is improved if protective actions are required. In developing any planning tools, and determining risk both now and into the future, a community should consider the most recent climate data available for the planning area involved, as appropriate.

Planning activity goals are to accelerate adoption of modern building codes to improve resiliency, create good-paying jobs, and lower energy bills, communities who develop and adopt modern NFPA, ICC, or similar building codes will receive access to funding reserved for communities with code requirements for any future CWDG applications.

Fiscal Impact:
40 of 58
S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\10 October 2023\2023- 10-03\USFS Grant Reso\Staff Report USDA-FS CWPP Grant REV.docx The city is requesting $250,000 from the 2023 grant cycle and will be requesting a waiver of the 25% required match as the City is identified as being eligible due to its classification as a lowincome qualified community. 41 of 58
Resolution Number: 2023-49

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF YREKA, STATE OF CALIFORNIA

AUTHORIZING THE FILING OF AN APPLICATION FOR THE
USDA-FS COMMUNITY WILDFIRE DEFENSE GRANT (USDA-FS-2023-CWDG-CWSF) WHEREAS, The Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law or BIL, created the Community Wildfire Defense Grant, hereafter the program, provides communities with funds to plan for and reduce their risk from wildfire; and
WHEREAS, the program identifies eligible “at-risk” communities, and prioritizes places that are low income, have been impacted by a severe disaster, have high or very high wildfire hazard potential, and WHEREAS, the City of Yreka is requesting program grant funds for up to $250,000, and is eligible to apply for the 25% match waiver being a low-income qualified community, and WHEREAS, the city has a current Community Wildfire Protection Plan dated July 2021. Within the action plan’s priority areas, item B outlines home hardening preparedness. This may include working with city building officials to develop and adopt building standards that will increase structure resiliency, directing staff to support and assist in creation of local or regional mitigation partnership(s), planning and addressing public health and safety effects of smoke and mitigation from wildfire, and testing the effectiveness of community wildfire planning, and
WHERAS, the City of Yreka has identified the need to contract for support to assist the city with developing building codes, zoning, and land use planning.

NOW, BE IT RESOLVED that the City Council of the City of Yreka:

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

2. Approves the filing of a grant application to the Department of Agriculture – Forest Service Community Wildfire Defense Program for up to $250,000 in 2023 allocation; and

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

The foregoing resolution was approved and adopted the 3rd day of October 2023 by the following vote:

AYES:

NOES:

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

I, Rhetta Hogan, City Clerk of the City of Yreka, witness my hand or the seal of the City of Yreka on the 3rd day of October 2023.

Rhetta Hogan
City Clerk
Official Seal
42 of 58

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CITY OF YREKA
To: Yreka City Council
Prepared by: Emily Aldrich, Finance Director
Agenda title: Approving Guidelines for the Submission and Tabulation of Protests in Connection with Rate Hearings Conducted Pursuant to Article XIIID, Section 6 of the California Constitution and Finding the Resolution Exempt from CEQA
Meeting date: October 3, 2023
Recommendation:

Motion to Adopt Resolution 2023-46 of the City Council of the City of Yreka Approving Guidelines for the Submission and Tabulation of Protests in Connection with Rate Hearings Conducted Pursuant to Article XIIID, Section 6 of the California Constitution and Finding the Resolution Exempt from CEQA Discussion:

At the September 5, 2023, City Council meeting, Paul Reuter with PACE Engineering presented the City of Yreka’s 2023 Water and Wastewater Utility Rate Study. The study evaluates the systems’ cost-of-service.

Staff was given direction to move forward with said study. This evening before you is the final study as presented on September 5, 2023, and the resolution requesting adoption of the protest voting procedures. The public hearing for the water and wastewater utility rate adoption is scheduled for Tuesday, November 21, 2023 at 6:30PM, 701 Fourth Street, Yreka.

Pursuant to California Constitution article XIII D, Section 6 (approved by the voters by Proposition 218), prior to imposing a new or increasing an existing property-related fee such as water and wastewater rates, the City is required to hold a public hearing and mail notice of the public hearing to the record owner of the property and any tenant who is directly liable for the payment of the proposed fees (i.e., a customer of record).

Proposition 218 requires that the notice include the following: (a) the amount of the fee or charge proposed to be imposed; (b) the basis upon which it was calculated; (c) the reason for the fee or charge; and (d) the date, time, and location of the public hearing. Consistent with these requirements, the attached Proposition 218 Notice presents the proposed modifications to the Water and Wastewater Fee structure and provides examples of the impact to typical users within the various customer classes, along with a summary explanation of the reason for the proposed rate structure changes and increases, and the basis upon which the rates were calculated. The notices must be mailed at least 45 days in advance of the Public Hearing to consider modifications to the rates.

The resolution presented for adoption this evening sets forth the guidelines for submission and tabulation of such protests.
49 of 58
1 RESOLUTION NO. 2023-46

A RESOLUTION OF THE CITY OF YREKA APPROVING GUIDELINES FOR

THE SUBMISSION AND TABULATION OF PROTESTS

IN CONNECTION WITH RATE HEARINGS CONDUCTED PURSUANT TO
ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION AND

FINDING THE RESOLUTION EXEMPT FROM CEQA
BE IT RESOLVED, by the City Council of the City of Yreka, California as follows:

WHEREAS, Article XIIID, Section 6 of the California Constitution requires the City Council to consider written protests to certain proposed increases to utility charges and/or imposes new property related utility charges; and
WHEREAS, this constitutional provision does not offer specific guidance as to who may submit protests, how written protests are to be submitted, or how the City is to tabulate protests.

WHEREAS, upon adoption of this resolution, any and all resolutions, or rules or regulations of this City in conflict with it, shall be repealed and shall have no further force or effect. This resolution supersedes all prior resolutions of the City to the extent that such resolutions established guidelines for the submission and tabulation of protests in connection with rate hearings conducted by the City pursuant to Article XIIID, Section 6 of the California Constitution.

IT IS, THEREFORE, RESOLVED by the City Council of the City of Yreka that when notice of a public hearing with respect to the adoption or increase of Water, Wastewater or Stormwater charges has been given by the City pursuant to Article XIIID, Section 6(a) of the California Constitution, the following shall apply:
50 of 58
2 SECTION 1: Definitions.

Unless the context plainly indicates another meaning was intended, the following definitions shall apply in construction of these guidelines.

A. “Parcel” means a County Assessor’s parcel the owner or occupant of which is subject to the proposed charge that is the subject of the hearing.

B. “Record customer” and “customer of record” mean the person or persons whose name or names appear on the City records as the person who has contracted for, or is obligated to pay for, utility services to a particular utility account.

C. “Record owner” or “parcel owner” means the person or persons whose name or names appear on the County Assessor’s latest equalized assessment roll as the owner of a parcel.

D. A “fee protest proceeding” is not an election, but the City Clerk will maintain the confidentiality of protests as provided below and will maintain the security and integrity of protests at all times.

SECTION 2: Notice Delivery.

Notice of proposed rates and public hearing shall be as follows:

A. The City shall give notice of proposed charges via U.S. mail to all record owners and customers of record served by the City.

B. The City will post the notice of proposed charges and public hearing at its official posting sites.

SECTION 3: Protest Submittal.

A. Any record owner or customer of record who is subject to the proposed utility charge that is the subject of the hearing may submit a written protest to the City Clerk, by:
51 of 58
3 (i) Delivery to the City Clerk’s Office at 701 Fourth Street, Yreka, California during published business hours
(ii) Mail to City Clerk at 701 Fourth Street, Yreka, California 96097 or (iii) Personally submitting the protest at the public hearing.

B. Protests must be received by the end of the public hearing, including those mailed to the City. No postmarks will be accepted; therefore, any protest not physically received by the close of the hearing, whether or not mailed prior to the hearing, shall not be counted.

C. Because an original signature is required, emailed, faxed and photocopied protests shall not be counted.

D. Although oral comments at the public hearing will not qualify as a formal protest, unless accompanied by a written protest, the City Council; welcomes input from the community during the public hearing on the proposed charges.

SECTION 4: Protest Requirements.

A. A written protest must include:
(i) A statement that it is a protest against the proposed charge that is the subject of the hearing.
(ii) Name of the record owner or customer of record who is submitting the protest;
(iii) Identification of assessor’s parcel number, street address, or utility account number of the parcel with respect to which the protest is made; (iv) Original signature and legibly printed name of the record owner or customer of record who is submitting the protest.

B. Protests shall not be counted if any of the required elements (i through iv) outlined in the preceding subsection “A.” are omitted. 52 of 58
4 SECTION 5: Protest Withdrawal.

Any person who submits a protest may withdraw it by submitting to the City Clerk a written request that the protest be withdrawn. The withdrawal of a protest shall contain sufficient information to identify the affected parcel and the name of the record owner or customer of record who submitted both the protest and the request that it be withdrawn.

SECTION 6: Multiple Record Owners or Customers of Record.

A. Each record owner or customer of record of a parcel served by the City may submit a protest. This includes instances where:
(i) A parcel is owned by more than one record owner or more than one name appears on the City’s records as the customer of record for a parcel, or
(ii) A customer of record is not the record owner, or
(iii) A parcel includes more than one record customer, or (iv) Multiple parcels are served via a single utility account, as mastermetered multiple family residential units.

B. Only one protest will be counted per parcel as provided by Government Code Section 53755(b).

SECTION 7: Transparency, Confidentiality, and Disclosure.

A. To ensure transparency and accountability in the fee protest tabulation while protecting the privacy rights of record owners and customers of record, protests will be maintained in confidence until tabulation begins following the public hearing.

C. Once a protest is opened during the tabulation, it becomes a disclosable public record, as required by state law and will be maintained in City files for two years.
53 of 58
5 SECTION 8: City Clerk.

The City Clerk shall not accept as valid any protest if he or she determines that any of the following is true:

A. The protest does not state its opposition to the proposed charges.

B. The protest does not name the record owner or record customer of the parcel identified in the protest as of the date of the public hearing.

C. The protest does not identify a parcel served by the City that is subject to the proposed charge.

D. The protest does not bear an original signature of the named record owner of, or record customer with respect to, the parcel identified on the protest. Whether a signature is valid shall be entrusted to the reasonable judgment of the City Clerk, who may consult signatures on file with the County Elections Official.

E. The protest was altered in a way that raises a fair question as to whether the protest actually expresses the intent of a record owner or a customer of record to protest the charges.

F. The protest was not received by the City Clerk before the close of the public hearing on the proposed charges.

G. A request to withdraw the protest was received prior to the close of the public hearing on the proposed charges.

SECTION 9: City Clerk’s Decisions Final.

The City Clerk’s decision that a protest is not valid shall constitute a final action of the City and shall not be subject to any internal appeal. 54 of 58
6 SECTION 10: Majority Protest.

A. A majority protest exists if written protests are timely submitted and not withdrawn by the record owners of, or customers of record with respect to, a majority (50% plus one) of the parcels subject to the proposed charge.

B. While the City may inform the public of the number of parcels served by the City when a notice of proposed rates is mailed, the number of parcels with active customer accounts served by the City on the date of the hearing shall control in determining whether a majority protest exists.

SECTION 11: Tabulation of Protests.

At the conclusion of the public hearing, the City Clerk shall tabulate all protests received, including those received during the public hearing, and shall report the result to the City Council. If the number of protests received is insufficient to constitute a majority protest, the City Clerk may determine the absence of a majority protest without validating the protests received, but may instead deem them all valid without further examination.

Further, if the number of protests received is obviously substantially fewer than the number required to constitute a majority protest, the City Clerk may determine the absence of a majority protest without opening the envelopes in which protests are returned.

SECTION 12: Report of Tabulation.

If at the conclusion of the public hearing, the City Clerk determines that he or she will require additional time to tabulate the protests, he or she shall so advise the City Council, which may adjourn the meeting to allow the tabulation to be completed on another day or days. If so, the City Council shall declare the time and place of tabulation, which shall be conducted in a place where interested members of the public may observe the tabulation, and the City Council shall declare the time at which the meeting shall be resumed to receive and act on the tabulation report of the City Clerk. 55 of 58
7 SECTION 13: This resolution will become effective immediately upon adoption.

SECTION 14: CEQA Exemption.

The Council finds that this resolution approving guidelines for the submission and tabulation of protests in connection with rate hearings does not meet the definition of a project for the purposes of the California Environmental Quality Act, under Public Resources Code Section 21065 and CEQA Guidelines Section 15378(b)(5), because it is an administrative governmental activity which will not cause a direct or indirect physical change in the environment. The City Council’s review and adoption of water and wastewater utility rates is not a project under CEQA Guidelines mechanisms which do not involve commitment to any specific project which may result in a potentially significant environmental impact. Thus, no environmental analysis is required at this time.

PASSED AND ADOPTED by the City Council of the City of Yreka at a regular meeting held on the 3rd day October, 2023.

AYES:

NAYS:

ABSENT:

RECUSED:

Corey Middleton, Mayor
Attest:

Rhetta Hogan,
City Clerk
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PROPOSED CITY WATER & WASTEWATER RATES FOR:

CALENDAR YEARS 2024, 2025, 2026, 2027, AND 2028
You are receiving this Notice because our records indicate that you are a City of Yreka utility customer.

If you are not a City water or wastewater customer, please disregard this Notice.

This Notice describes proposed changes to water and wastewater rates and explains how you can participate in the process. The proposed changes to the present water and wastewater utility rates are based upon a comprehensive rate study that uses a rate model to evaluate the cost of water and wastewater service, as required by California Proposition 218. You can review the “2023 Water and Wastewater Utility Rate Study for the City of Yreka” dated September 2023 by asking to look at it at City Hall located at 701 Fourth Street, Yreka, CA or from any location via an internet web browser at the following location: http://ci.yreka.ca.us/public‐review‐documents. Any rate adjustment made will be applicable to all those who receive City Water and/or City Wastewater services.

Why are the water rates changing?
Adjustments to water and wastewater rates are necessary to generate the appropriate amount of revenue and maintain the appropriate reserves required to operate the utilities and to comply with the City’s contractual obligations to obtain loans which have funded water and wastewater system maintenance, improvements, and repairs.

How will the proposed changes impact my utility bills?
It is proposed that rates will be automatically adjusted upward by 9.6% annually for water and 9.5% annually for wastewater starting February 21, 2024 through December 31, 2028 calendar year.

To calculate the exact impact of these adjustments on your water bill see Table 1. The majority of residents who receive water from the City are connected to the system with a 5/8‐inch connection.

To calculate the exact impact of these adjustments on your wastewater bill see Table 2.

How do I participate?
All utility customers and interested persons are invited to attend the public hearing and be heard or to write the City at: City of Yreka, Attn: City Clerk, 701 Fourth Street, Yreka, CA 96097 with timely delivery through the mail or personally deliver it. All comments must be received (not postmarked) by the close of the public hearing. Any protests to the rate adjustments must be submitted to the City in accordance with the form and informational requirements adopted by the City. Your comments are public records. If a majority of customers protest, the rate adjustments will not be made.

NOTICE OF PUBLIC HEARING

PROPOSED CHANGES TO CITY OF YREKA

WATER AND WASTEWATER RATES
FOR CALENDAR YEARS 2024 –2028
Date: Tuesday, November 21, 2023, 6:30 p.m.

Place: City of Yreka Council Chambers, City Hall
701 Fourth Street, Yreka, California
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Effective January 21, 2024
City of Yreka – Water Utility
Rate Schedule
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Yreka City CouncilOctober 3, 2023

Yreka City Council
October 3, 2023