Corey Middleton, Mayor
Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, City Manager
Rhetta Hogan, Asst. City Manager and Clerk
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Mark Gilman, Police Chief
Andrew Jared, City Attorney
Jerry Lemos, Fire Chief
Juliana Lucchesi, Community Dev. Director
YREKA CITY COUNCIL SPECIAL MEETING AGENDA
Wednesday, February 14, 2024
Open Meeting 3:30PM
Closed Session – Immediately Following
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA 96097 Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.
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.
Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted.
Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. to the City Clerk prior to the meeting or to attend the meeting in person." Written comments will be distributed to the Councilmembers but will not be read aloud at the meeting.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
2. PUBLIC COMMENT:
Public participation is limited to those items listed on the agenda.
If your comments do not concern an item listed on this Agenda, please address the City Council at the next regular meeting.
The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.
Councilmembers, when recognized by the Mayor, may ask questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda.
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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 comment period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.
3. OLD BUSINESS:
City Manager
a. Agenda Title: Carnegie Development Agreement First Amendment The Development Agreement is being amended as certain circumstances have come into existence that necessitate amendment of several provisions of the Development Agreement. The City and SCEDC have agreed to such amendments that will enable the project to continue to move forward.
Recommended City Council Action: Motion to Adopt Resolution 2024-06 Authorizing and Ratifying Execution Of the First Amendment to the Development Agreement And Purchase And Sale Agreement For APN 053-352-160-000 Agreement Between The City Of Yreka And The Siskiyou Economic Development Council.
4. CLOSED SESSION:
The City Council will recess to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
a. Conference with real property negotiator (Govt C §54956.8) - Property: 400 S. Foothill, Yreka APN 054-191-290-000
- Agency negotiator: Jason Ledbetter
- Negotiating parties: Siskiyou County
- Under negotiation: Price and Terms
5. RETURN TO OPEN SESSION:
Announcement of any action taken by the City Council in Closed Session required by the Ralph M. Brown Act. (Government Code § 54950 et. seq.)
6. ADJOURNMENT:
In compliance with the requirements of the Brown Act, notice of this meeting has been posted in a publicly accessible place, 24 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 Yreka City Council Special Meeting February 14, 2024 2 of 16
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 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, Cyndy Prohaska, 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 24 hours, before the hour of 3:30 PM on February 14, 2024 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.
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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager
AGENDA TITLE: Motion To Adopt Resolution 2024-06 Authorizing and Ratifying Execution Of the First Amendment to the Development Agreement And Purchase And Sale Agreement For APN 053-352-160-000 Between The City Of Yreka And The Siskiyou Economic
Development Council. .
MEETING DATE: November 7, 2023
Recommendation andRequested Action:
Motion to Adopt Resolution 2024-06 Authorizing and Ratifying Execution Of the First Amendment to the Development Agreement And Purchase And Sale Agreement For APN 053- 352-160-000 Between The City Of Yreka And The Siskiyou Economic Development Council.
Discussion:
On November 7, 2023, the City approved Resolution 2023-52, Authorizing and Ratifying the Execution of the Development Agreement (dated February 9, 2023) and Purchase and Sale Agreement between the City of Yreka and Siskiyou Economic Development Council.
That Development Agreement between the parties is being amended as certain circumstances have come into existence that necessitate amendment of several provisions of the Development Agreement. The City and SCEDC have agreed to such amendments that will enable the project to continue to move forward.
Tonight, the Council is considering the First Amendment to the Development Agreement provides for subordination, as specified in the First Amendment Agreement of the City’s deed to the New Markets Tax Credit Program and the Community Economic Resilience Fund referred to as “CERF”.
Fiscal Impact:
There is no direct fiscal monetary impact, and City has evaluated performance and credit risks associated with said agreement modifications.
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RESOLUTION NO. 2024-06
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA
AUTHORIZING AND RATIFYING EXECUTION OF THE FIRST AMENDMENT TO
THE DEVELOPMENT AGREEMENT AND PURCHASE AND SALE AGREEMENT FOR APN 053-352-160-000 BETWEEN THE CITY OF YREKA AND THE SISKIYOU ECONOMIC DEVELOPMENT COUNCIL.
WHEREAS, on May 2, 2022, the City of Yreka adopted Resolution 2022-17 declaring Assessor’s Parcel number 053-352-160-000, also known as 412 W. Miner Street (the “Property”), as surplus land in accordance with the Surplus Lands Act, California Government Code Sections 54220 et seq.,
WHEREAS, the terms of the Carnegie Library Development Agreement with Siskiyou Economic Development Council dated February 9, 2023, set forth the terms agreed to by the parties for the purchase, sale, and development of the Property, WHEREAS, since the execution of the Development Agreement, certain circumstances have come into existence that necessitate amendment of several of the provisions of the Development Agreement.
WHEREAS, the SCEDC has requested that the City agree to such amendments, and the City wishes to so agree in order to move the Project forward to completion as contemplated in the Development Agreement.
WHEREAS, the members of the City Council have reviewed said agreement and have determined the sale is in the best interests of the City to approve, authorize, and ratify the execution of said contract by resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Council hereby finds and determines that the foregoing recitals are true and correct.
Section 2. The City Council of the City of Yreka approves and ratifies the First Amendment to the Carnegie Library Development Agreement, attached hereto as Attachment A. The City Council does hereby find that said agreements described herein are in the best interests of the City of Yreka, and the City Council does hereby authorize and ratify execution of said agreements by the City Manager on behalf of the City of Yreka. The City Manager or designee is hereby further authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized, and the City Clerk or such Clerk's Yreka City Council Special Meeting February 14, 2024 5 of 16 S:\City Council\Council Agenda packet\2024- City Council Agenda Packets\02 February 2024\2024-02-14\Carnegie\Resolution Carnegie 1st DA Amendment.docx
designee is hereby authorized and directed to affix the City's seal to said documents and to attest thereto.
Section 3. This Amendment shall serve to modify and amend, and be incorporated into, the Development Agreement.
Section 4. All capitalized terms used herein shall have the same meaning as in the Development Agreement unless otherwise defined herein.
Section 5. The Parties shall execute and deliver to one another a Subordination Agreement in the form attached hereto as Exhibit “A” and incorporated herein.
Section 6. The SCEDC acknowledges that the Development Agreement is a contingent loan agreement under California Labor Code Section 1720(b)(5), and the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code are applicable to the work on the Property contemplated in the Development Agreement.
Section 7. All other terms of the Development Agreement and its exhibits shall remain unchanged and fully valid and enforceable.
Section 8. 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 9. This resolution shall take effect immediately upon its passage.
Passed and adopted this 14th day of February 2024, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
________________________
Corey Middleton, Mayor
Attest:__________________
Cyndy Prohaska, City Clerk
Yreka City Council Special Meeting February 14, 2024 6 of 16 Attachment A to Resolution 2024-06 Yreka City Council Special Meeting February 14, 2024 7 of 16 Attachment A to Resolution 2024-06 Yreka City Council Special Meeting February 14, 2024 8 of 16 Attachment A to Resolution 2024-06 Yreka City Council Special Meeting February 14, 2024 9 of 16 Attachment A to Resolution 2024-06 Yreka City Council Special Meeting February 14, 2024 10 of 16 Attachment A to Resolution 2024-06 Yreka City Council Special Meeting February 14, 2024 11 of 16 Attachment A to Resolution 2024-06 Yreka City Council Special Meeting February 14, 2024 12 of 16 Attachment A to Resolution 2024-06 Yreka City Council Special Meeting February 14, 2024 13 of 16 Attachment A to Resolution 2024-06 Yreka City Council Special Meeting February 14, 2024 14 of 16 Attachment A to Resolution 2024-06 Yreka City Council Special Meeting February 14, 2024 15 of 16 Attachment A to Resolution 2024-06 Yreka City Council Special Meeting February 14, 2024 16 of 16