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
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
Cyndy Prohaska, City Clerk
YREKA CITY COUNCIL MEETING AGENDA
April 2, 2024
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.
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. 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. a. Conference with legal counsel—anticipated litigation (City Initiating) (Govt C §54956.9(d)(4)) - Number of cases: 1
b. Conference with legal with counsel – pending litigation (Govt C §54956.9(d)(1)) - Miners LLC v. Miner’s Hospitality LLC, et al
- Siskiyou County Case Number 24CV00784
This meeting is being livestreamed and can be viewed on Siskiyou Media Council’s YouTube Channel https://www.youtube.com/channel/UCzx2GSYFCrgE5przvnzitXQ Yreka City Council Agenda
April 2, 2024
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.
a. Yreka Fire Department – Appointment of Austin Winklehausen as a volunteer to the Yreka Fire Department by Fire Chief Jerry Lemos.
b. First5 Siskiyou – Child Abuse Prevention Council Collaborative Proclamation - Steve Bryan c. Siskiyou County Local Transportation Commission – Melissa Cummins
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.
The public comment period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.
7. CONSENT AGENDA:
All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval/ratification of payments issued from March 10, 2024, to March 24, 2024. b. Approval of Minutes of the Regular Meeting held March 19, 2024.
Yreka City Council Agenda
April 2, 2024
c. Appointment of Austin Winklehausen as a Volunteer to the Yreka Fire Department. d. Adoption of the April 2024 Siskiyou Child Abuse Prevention Council Collaborative Proclamation. e. Approval of Resolution 2024-15 of the City Council of the City of Yreka Authorizing the Submission of an Application to the California Department of Housing and Community Development for Funding Under the Homes Investment Partnerships Program and Execution of a Standard Agreement if Selected.
f. Approval of the Yreka Police Department to Apply for an Equipment Grant Through the Arthur R.
Dubbs Foundation.
g. Approval of Lease Agreement Through June 30, 2027, for 400 S. Foothill Drive (APN: 54-191-290- 000) to the County of Siskiyou for Bridge Housing and Supportive Services 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: (None)
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 the 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 Yreka City Council Agenda
April 2, 2024
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, 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 72 hours, before the hour of 5:30PM on April 2, 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. /s/: Cyndy Prohaska
Yreka City Council Agenda
April 2, 2024
April 2024: The Siskiyou Child Abuse Prevention Council Collaborative Proclamation
_________________________ ____________________
Corey R. Middleton
Mayor, City of Yreka, CA
Date
Whereas, to become healthy adults, all children deserve to live in safe, stable and nurturing homes and communities;
Whereas, children are vital to Siskiyou County’s prosperity and future success; Whereas, the people of Siskiyou County believe in the celebration of life, inclusion, and hope through our children, and deplore and condemn acts of violence committed upon the children of our communities; Whereas, the lives of children--who have been hurt or lost to child abuse--are honored by studying their stories in order to prevent future abuse and protect the innocence, health and lives of all our county’s children; Whereas, child abuse, rape, sexual assault and sexual harassment impact our society; Whereas, child abuse, neglect and sexual assault prevention is a community responsibility affecting both the current and future generations;
Whereas, research has shown the enormous impact that positive parenting practices have on a child’s social, emotional, and intellectual development and future success:
Whereas, communities that understand the importance of prevention and support for the well-being of citizens, thrive and prosper;
Whereas, effective child abuse and sexual assault prevention succeed because of partnerships among citizens and all sectors of the county;
Whereas, April is the month to focus public attention on the needs of all children, and prevention of sexual assault;
Whereas, with leadership, dedication, and encouragement, there is evidence that we can be successful in preventing child abuse and sexual violence in Siskiyou County; Therefore, we hereby proclaim April as Child Abuse Prevention and Sexual Assault Awareness Month–as well as April 6th–12th, 2024 as Week of the Young Child. We call upon all citizens, community agencies, faith groups, medical facilities, elected leaders and businesses to increase their participation in efforts to support families, thereby preventing child abuse and strengthening families in the communities in which we live.
Yreka City Council Agenda
April 2, 2024
3/25/2024
1 Introduction & Current Projects
April 2, 2024
Siskiyou County Local
Transportation Commission
Siskiyou County
Local
Transportation
Commission
(SCLTC) _______ Regional
Transportation
Planning Agency
(RTPA)
Comprised of elected officials from Board of
Supervisors and City Councils
Responsible for transportation planning within
the region (transit, streets/roads, active
transportation)
Acts as a liaison between our local partners and
state agencies on transportation related projects.
Various programs or plans managed by
SCLTC
1 2
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3/25/2024
2 Coordination Activities
State Highway
Projects
• Happy Camp
Complete Streets
• McCloud 89
Intersection
Improvements
• Fort Jones – State
Route 3 Pavement
Project
• Dorris State Route 97
Pavement Project
Local STIP
Projects
• STIP projects
(amendments,
extension requests,
additional funding
needs)
• Monthly meetings
with Caltrans Division
of Local Assistance
Monitor Grant
Opportunities
• Clean California
Funding
• US DOT Grants
• Evaluating
opportunities for
partnership projects
between Commission,
County, and other
local partners.
Transportation
Stakeholder
Engagement
• Rural Counties Task
Force
• North State Super
Region
• Regional Transportation Planning Agencies
Group
• California
Transportation Commission
• Caltrans
SCLTC
Funding
Programs
• Regional Surface Transportation Block Grant • Annual Allocation of Funds for Projects (Road, Bike, Pedestrian Improvements) • Other Funds Under SCLTC’s Jurisdiction • Local Transportation Funds
• Carbon Reduction Program (*NEW) • Transit Funding Sources • State of Good Repair • Low Carbon Transit Operations Program • State Transit Assistance
• SB125 (NEW) • Regional Transportation Improvement Program 3 4
Yreka City Council Agenda
April 2, 2024
3/25/2024
3 Regional Transportation Improvement Program
(RTIP) • RTIP
• Program primarily funds streets/roads projects. • Projects included must be nominated by local agency. • SCLTC Prepares Program • RTIP each odd numbered year. • CTC adopts the State Transportation Improvement Program (STIP) each even numbered year. • SCLTC adopted and submitted the 2024 RTIP in December 2023. • 2024 RTIP • $ 6,802 million target • Project submissions totaled $ 20+ million Regional Transportation
Improvement Program
• Yreka projects include:
Existing: • None
New Project: • Knapp Street – Oregon To Discovery
5 6
Yreka City Council Agenda
April 2, 2024
3/25/2024
4 Siskiyou
County
Pavement
Management
System
• StreetSaver includes a Pavement Condition Index (PCI) rating for each segment of paved roadway. • Consultant initially hired in 2015 with subsequent updates conducted in 2017 and 2019. • SCLTC recently awarded 3-year contract (2023~2026). • Update Schedule:
Agency Last Update Next Update
Yreka 2019 2026
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3/25/2024
5 Pavement Management System
Systemwide – Entire Region
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6 • Project team: • Siskiyou County Local Transportation Commission (SCLTC) • Alta Planning + Design, Inc., • Siskiyou Outdoor Recreation Alliance (SORA) • Goal: Prepare a countywide Active Transportation Plan (ATP) by identifying and prioritizing active transportation infrastructure projects, programs, and policies to meet the needs of the community. The ATP will focus on identifying opportunities to improve pedestrian and bicycle infrastructure, such as crosswalks, bike paths, and sidewalks. • Dates: Winter 2023 through spring 2025 • Funding: Grant from the California Transportation Commission’s Active Transportation Program Project Summary
Siskiyou ATP Project Timeline
Fall Spring Summer
2023 2024
Fall Spring
2025
Winter Winter
Siskiyou County
Transportation Commission Meeting
Community
Open House
Listen and Learn
Information gathering, project promotion,
and engagement Transportation Data Collection and Plan Review Vision and Goals Community Survey Open House
Council Presentations Align and Refine
Develop active transportation project recommendations
and incorporate community feedback. Develop Network and Project Recommendations Refine Goals and Objectives Field work and Community Walk Audits Open House Attend Community Events Coordinate with school districts Share and Review Prepare Draft and Final Active Transportation Plan
Project Prioritization Funding
Implementation Strategy Open House
Attend Community Events Draft Final Active Transportation Plan Phase 1 Phase 2 Phase 3 11 12
Yreka City Council Agenda
April 2, 2024
3/25/2024
7 • Technical Advisory Committee (TAC) • Community opinion survey • Open houses at project milestones
• Coordination meetings with key partners such as
school districts, local agencies, community-based
groups. • Walk audits
• Project promotion with webpage and social media
• Mobile outreach at 8 community events throughout
the County
Engagement Strategies
The following outreach strategies will be conducted to inform the public about the project and address their transportation needs in the plan. All public materials will be available in English and Spanish. ** Tentatively April 24, 2024 Do you have suggestions for other key partners? Tentative List of Events
Montague Balloon Fair
Butte Valley Fair
Dunsmuir Railroad Days
Mount Shasta July Fourth
McCloud Mushroom Festival
Weed Carnevale
Yreka Gold Rush Days
Scott Valley - Rodeo
13 14
Yreka City Council Agenda
April 2, 2024
3/25/2024
8 • Existing conditions analysis draft expected later this month. • Please share existing data, planned projects, or policies related to active transportation! • Help us promote the survey! • Printed copies of survey are being provided to each city hall. • First open house and walk audits coming in April • Project Page:
https://www.co.siskiyou.ca.us/transportationcommission/page/regional-active-transportation-plan Next Steps
Looking
to the
Future
Regional Transportation Plan – Fall 2024
• Requires input and participation from all local
agencies.
• Roads
• Transit
• Active Transportation
• Airports
Zero Emissions
Evacuation and Preparedness Plan
* If grant is awarded.
15 16
Yreka City Council Agenda
April 2, 2024
3/25/2024
9 Questions?
Melissa Cummins
Executive Director
[email protected]
530.709.5060
Current Website:
https://www.co.siskiyou.ca.us/transportationcommission
17 Yreka City Council Agenda
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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
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
Cyndy Prohaska, City Clerk
YREKA CITY COUNCIL MEETING MINUTES
March 19, 2024
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.
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. 5:30PM CALL TO ORDER:
The meeting was called to order at 5:34 pm.
2. PUBLIC COMMENT ON CLOSED SESSION:
No public comment was received.
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 real property negotiator (Govt C §54956.8) - Property: 400 S. Foothill, Yreka APN 054-191-290-000
- Agency negotiator: Jason Ledbetter
This meeting is being livestreamed and can be viewed on Siskiyou Media Council’s YouTube Channel https://www.youtube.com/channel/UCzx2GSYFCrgE5przvnzitXQ Yreka City Council Agenda
April 2, 2024
- Negotiating parties: Siskiyou County
- Under negotiation: Price and Term
b. Conference with legal counsel—anticipated litigation (City Initiating) (Govt C §54956.9(d)(4)) - Number of cases: 1
4. ADJOURNMENT:
The meeting was adjourned at 6:23 pm.
5. RETURN TO OPEN SESSION AT 6:30 PM:
Announcement of any action taken by the City Council in Closed Session required by the Ralph M. Brown Act. (Government Code § 54950 et. seq.)
There was no reportable action.
6. 6:30PM CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:33 pm.
7. 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.
8. 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.
Yreka City Council Agenda
April 2, 2024
The public comment period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.
Public comment was received by Mike Griffintini
9. 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 February 26, 2024, through March 10, 2024. b. Cash Balances, Budget to Actual and Fiscal Performance Reports for January 2024. c. Approval of Resolution No. 2024-12 Approving the Transmission of the 2023 General Plan Annual Progress Report to the Governors Office of Planning and Research and the California Department of Housing and Community Development.
d. Approval of Minutes of the Regular Meeting held March 5, 2024. e. Acceptance of donation to the Yreka Fire Department from Timber Products in the amount of $5,000 and establishment of budget.
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
SECOND: Councilmember Baker
AYES: Councilmember’s Middleton, McCoy, Kegg, Davis & Baker NO’s: -0-
ABSTAIN: -0-
Motion to add to emergency item known as the Kiwanis Club Easter Egg Hunt to the agenda.
MOTIONED: Councilmember Kegg
SECOND: Councilmember McCoy
AYES: Councilmember’s Middleton, McCoy, Kegg, Davis & Baker NO’s: -0-
ABSTAIN: -0-
Motion to Adopt Resolution 2024-14 A Resolution of the City Council of the City of Yreka Approving vendors and Other Requests Associated with Event Being Held by the Kiwanis Club Known as “Kiwanis Club Easter Egg Hunt.”
MOTIONED: Councilmember Middleton
SECOND: Councilmember McCoy
AYES: Councilmember’s Middleton, McCoy, Kegg, Davis & Baker NO’s: -0-
ABSTAIN: -0-
10. OLD BUSINESS:
City Manager/City Attorney
a. Agenda Title: Ballot Measure Draft Language Development Yreka City Council Agenda
April 2, 2024
Draft ballot measure language is being presented, with the intent to receive feedback and direction on ballot measure language for introduction at a future City Council meeting.
Recommended City Council Action: Discussion and direction to City staff regarding the proposed draft ballot measure language.
Public comment received by: Dawnmarie Autry, Lorenzo Love, Jerry Stacher, Henry Lancaster, Donna Bacigalupi, and Michael Lerlich
City staff was directed to continue working with the city attorney on the verbiage for the ballot measure.
Ballot measure language will be brought back to council at a future meeting.
11. 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.
a. Agenda Title: Tax Exempt and Fiscal Responsibility Act (TEFRA) Hearing and Adoption of a Resolution Approving Issuance of Bonds by the California Statewide Communities Development Authority for Financing the Shadow Garden Apartments
The purpose of this hearing is to hold a hearing pursuant to allow applicant to seek financing by the California Statewide Communities Development Authority for the issuance of tax-exempt facility bonds for a qualified residential rental project pursuant to Section 142 (a)(7) of the Internal Revenue Code.
Recommended City Council Action: Adopt Resolution 2024-13 of the City Council of the City of Yreka Approving the Issuance by the California Statewide Communities Development Authority of Exempt Facility Bonds for a Qualified Residential Rental Project for the Shadow Garden Apartments Public comment received by: Dawnmarie Autry and Debbie Bacigalupi Motion to Adopt Resolution 2024-13 of the City Council of the City of Yreka Approving the Issuance by the California Statewide Communities Development Authority of Exempt Facility Bonds for a Qualified Residential Rental Project for the Shadow Garden Apartments MOTIONED: Councilmember Baker
SECOND: Councilmember Kegg
AYES: Councilmember’s Middleton, McCoy, Kegg, Davis & Baker NO’s: -0-
ABSTAIN: -0-
Yreka City Council Agenda
April 2, 2024
12. NEW BUSINESS:
City Manager/Debbie Scott
a. Agenda Title: Yreka Farmer’s Market
Review Debbie Scott’s proposal to host the Yreka Farmer’s Market at the proposed location of downtown Miner Street every Friday from late May through late October of 2024.
Recommended City Council Action: Motion to approve the Yreka Farmer’s Market Event Series at the proposed location of downtown Miner Street and direct City Manager to use $3,200 from the FY 23/24 and $9,400 from the FY 24/25 City Council Community Promotions Funds budget to support event operation costs.
Public comment received by: Kathleen Bradner, Debbie Bacigalupi, Andrew Alvarado, Laura Lee Wallace, Bonnie Wood, Jerry Stacher, John Michael Patterson, Gil Foster, Shawn Casseratti, Dawnmarie Autry, Henry Lancaster, Kimberly O’Neil, Heather Chipaloni, Sean Locker, and Danielle Cannon Motion to Approve the Yreka Farmer’s Market Event Series at the proposed location of downtown Miner Street and direct City Manager to use $3,200 from the FY 23/24 and $9,400 from the FY 24/25 City Council Community Promotions Funds budget to support event operation costs.
MOTIONED: Councilmember Kegg
SECOND: Councilmember Baker
AYES: Councilmember’s Middleton, McCoy, Davis, Kegg, & Baker NO’s: -0-
ABSTAIN: -0-
City Manager/Discover Siskiyou
b. Agenda Title: Siskiyou Economic Development Council Yreka Events Proposal.
Discover Siskiyou has presented a plan to manage the Night of Lights event, the Heritage Days event, and to manage Three Concert in the Park events at Miner Street Park. Discover Siskiyou would be planning each of these events with the intention of having a regional interest that would encourage attendance from surrounding areas to increase lodging stays during each event.
Recommended City Council Action: Motion to approve Discover Siskiyou’s City of Yreka Events Proposal 2024-2026, and direct City Manager to use $35,000 from the City Council Community Fund budget for the 2024 Yreka Heritage Event and One Concert in the Park Event for fiscal year 2023/2024.
Public comment received by: Mike Griffintini, John Michael Patterson, Laura Lee Wallace, Danielle Cannon, Kris Taylor, Debbie Scott, and Dawnmarie Autry
Motion to approve Discover Siskiyou’s City of Yreka Events Proposal 2024-2026 and direct the City Manager to use $35,000 from the City Council Community Fund budget for the 2024 Yreka Heritage Event and One Concert in the Park Event for fiscal year 2023/2024.
MOTIONED: Councilmember Kegg
SECOND: Councilmember Davis
AYES: Councilmember’s Middleton, McCoy, Kegg, Davis, & Baker NO’s: -0-
ABSTAIN: -0-
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April 2, 2024
13. CITY MANAGER/STAFF REPORTS:
City Manager and Staff may make brief announcements or reports at this time.
City Manager Jason Ledbetter reminded councilmembers to submit their Form 700’s by April 1, 2024.
14. 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.) Councilmember McCoy reminded council members of the LOLA meeting that is calendared for April 10, 2024, in Mt. Shasta.
Councilmember Kegg would like to have further discussion in the future about the name change from Gold Rush Days to Heritage Days.
15. ADJOURNMENT:
The meeting was adjourned at 9:19 pm
____________________________
Corey Middleton, Mayor
Minutes approved by City Council
Motion on April 2, 2024
__________________________
Cyndy Prohaska, City Clerk
Yreka City Council Agenda
April 2, 2024
CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM:
PREPARED BY:
Jason Ledbetter, City Manager,
Jerry Lemos, Fire Chief
John Elsnab, Human Resources Director
AGENDA TITLE: Discussion and Possible Action: Approve the Appointment of Austin Winkelhausen to the Yreka Volunteer Fire Department.
MEETING DATE: April 2, 2024
Discussion:
To meet the fire and safety requirements of the City of Yreka and the community, the Yreka Volunteer Fire Department operates on a continuous recruitment basis for volunteers.
Volunteer candidates who have completed the full recruitment and screening process are recommended for appointment by the City Council.
The City of Yreka recommends the appointment of Austin Winkelhausen as a volunteer firefighter with the Yreka Fire Department. Mr. Winkelhausen has completed all the application requirements regarding this appointment.
Approved by: __________________________________
Jason Ledbetter, City Manager
Yreka City Council Agenda
April 2, 2024
Yreka City Council Agenda
April 2, 2024
CITY OF YREKA
AGENDA MEMORANDUM
Prepared by: Juliana Lucchesi, AICP, Community Development Director Agenda Title: HOME Grant Application
Meeting date: April 2, 2024
Recommended Action:
Motion to approve City Council Resolution 2024-15 Resolution Of The City Council Of The City Of Yreka Authorizing The Submission Of An Application To The California Department Of Housing And Community Development For Funding Under The Home Investment Partnerships Program And Execution Of A Standard Agreement If Selected
Summary:
The DANCO Group responded to the City of Yreka’s Request for Qualifications to assist the city with development, construction, and management of housing for workforce, low-income, and special populations. The DANCO Group has negotiated a preliminary agreement to purchase 10- acres along Deer Creek Way to stand up 45-units of housing. The DANCO Group has identified a state grant program provided through the HOME Investment Partnerships to help the development and construction of the project. The HOME Investment Partnerships requires an eligible jurisdiction to submit the application and receive the funds. If selected, the City of Yreka would act as a pass-through for the DANCO group and a subsequent pro forma for managing the project would be drafted for City Council approval. The HOME funds would be used in tandem with several other funding measures managed by DANCO.
HOME Investments Partnerships Background:
The California Department of Housing and Community Development (Department) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $120 million in federal funds for the HOME Investment Partnerships Program (HOME). The funds available in this NOFA will be used to meet the following statewide goals in accordance with the Department’s 2020-2024 Consolidated Plan and the Department’s 2022-2023 Annual Action Plan, as the same may be amended from time to time, serving low-income households earning at or below 80 percent (80%) of Area Median Income (AMI) and very low-income households earning at or below 50 percent (50%) of AMI:
• Increase the supply of affordable rental housing;
• Expand homeownership opportunities and improve existing housing; • Addressing and preventing homelessness; and
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• Recovery assistance for natural disaster survivors
Project Description:
THE DANCO Group project is in the preliminary phase of planning. The project proposed 45- units of housing on Deer Creek Way on approximately 10-acres. This would serve as a starting point for development in that area with the possibility of adding units as more funding becomes available. The site design and unit types are not known at this time, but the development will be required to follow the site plan application process required for all new development.
The project will also need to submit a tentative parcel map or subdivision application to subdivide the portion of parcel that will be used for the project.
Project Location: A portion of Assessor’s Parcel Number 053-591-560-000 Fiscal Impact:
The city would serve as the fiscal sponsor for the HOME Investment Partnership Grant with The DANCO Group serving as the developer. The city serving as the fiscal sponsor would operate similar to other grants held by the city like the EDA Highway 3 Business Support program managed by Siskiyou Economic Development Council (SEDC). The City would incur nominal costs associated with the grant application due to DANCO preparing the grant application. The City will incur staff time to review and submit the grant.
If awarded, staff will return to the City Council with a proposed pro forma defining roles, costs, and reimbursements associated with the project. There is a portion of the grant funds that can be used to reimburse staff time for grant administration and reporting.
Attachments:
1. City Council Resolution 2024-15 Resolution Of The City Council Of The City Of Yreka Authorizing The Submission Of An Application To The California Department Of Housing And Community Development For Funding Under The Home Investment Partnerships Program And Execution Of A Standard Agreement If Selected Yreka City Council Agenda
April 2, 2024
RESOLUTION NO. 2024-15
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA
AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT
PARTNERSHIPS PROGRAM AND EXECUTION OF A STANDARD
AGREEMENT IF SELECTED
WHEREAS:
A. The California Department of Housing and Community Development (the “Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”) funds made available from the U.S. Department of Housing and Urban Development (“HUD”). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200.
B. On January 19, 2024, the Department issued a Notice of Funding Availability announcing the availability of funds under the HOME program (the “NOFA”).
C. In response to that HOME NOFA, the City of Yreka a, subdivision of the State of California (the “Applicant”), wishes to apply to the Department for, and receive an allocation of, HOME funds.
IT IS NOW THEREFORE RESOLVED THAT:
1. In response to the above-referenced HOME NOFA, the Applicant shall submit an application to the Department to participate in the HOME program and for an allocation of funds not to exceed Twelve Million Dollars ($12,000,000.00) for the following activities and/or programs:
New construction of 45 units of family affordable apartments to be located in Yreka, California. The units will be serve the local residents between 30% and 60% of Area Median Income (AMI).
2. If the application for funding is approved, then the Applicant hereby agrees to use the HOME funds for eligible activities in the manner presented in its application as approved by the Department in accordance with the statutes and regulations cited above.
The Applicant will also execute a Standard Agreement, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD for participation in the HOME program (collectively, the required documents).
3. The Applicant authorizes the City Manager or their designee(s) to execute, in the name of the Applicant, the HOME Standard Agreement.
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4. The Applicant authorizes the City Manager or their designee(s) to execute, in the name of the Applicant, all other required documents.
PASSED AND ADOPTED THIS 2ND DAY OF APRIL 2024, BY THE FOLLOWING VOTE
AYES:
NAYS:
ABSTAIN:
ABSENT:
_________________________
Corey Middleton, Mayor
The undersigned City Clerk of the City of Yreka (“Applicant”) does hereby attest and certify that the foregoing is a true and full copy of a resolution of the governing board of the Applicant passed and adopted at a duly convened meeting on the date set forth above, and said resolution has not been altered, amended, or repealed.
___________________________
Cyndy Prohaska, City Clerk Date
Yreka City Council Agenda
April 2, 2024
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
Prepared by: Chief Mark Gilman
Agenda Title: Discussion/possible action-to allow the Yreka Police Department to apply for an equipment grant through the Arthur R Dubbs Foundation.
Metting Date: April 2, 2024.
Discussion:
The Yreka Police Department is requesting to apply for an equipment grant. The equipment is for high risk calls for service, rescues, warrant service, search warrants, etc. The Yreka Police Department does not currently have the equipment or special training for high-risk situations. We typically call another agency. This increases the time for the other agency to staff a team and respond. For that reason, Yreka Police Department officers typically do the best they can and handle the call with the resources available at the time.
The Yreka Police Department has hired many new employees over the past few years. One of those employees supervised a special response team for a neighboring agency. He has many years of experience. We have found some available special training that is POST reimbursable and we would be able to send officers two at a time. Off. Strelow has found a grant that is available to purchase the needed equipment for this training and to build a team. There is no better time to begin assembling this high-risk team as are appropriately staffed for it. The resources are readily available currently and unfortunately, violent, and high-risk situations are becoming more and more prevalent in our society.
The Yreka Police Department would like the Yreka City Council’s approval to apply for the grant and begin assembling the team. The grant is from the Arthur R Dubbs foundation. The Arthur R Dubbs grant is for:
To support this mission, the Foundation looks for programs that:
• Provide positive youth development experiences and innovative upstream interventions so youth can reach their full potential;
• Improve access to basic needs such as food, medical care, and public safety in rural communities;
• Inspire a love of wilderness areas through diverse and robust hunting heritage programs that provide experiences and education on the integral role that hunting plays in habitat conservation;
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• Assist Veterans in their journey to find healing through wilderness-based reintegration programs.
The Yreka Police Department qualifies for the “Public Safety” aspect of the grant. The grant has a $1,000 minimum request amount with no maximum limit. The Yreka Police Department is requesting a grant for $65,000. The amount of the grant is for safety equipment, training aids and some ammunition.
This grant, if funded, would allow us to purchase the necessary safety equipment to attend a POST certified Special Weapons and Tactics school. The officers will gain the necessary training for high risk and potentially violent situations. This would be beneficial for our community to have, due to not having to rely on long response times from outside agencies when a high risk or violent situation occurs within the city limits. When response times are delayed, it puts the public and our officer’s safety at risk as suspects can create and execute additional counter plans. A fast response team to high-risk situations is critical to solving them in a safe and timely manner. The general safety of our public will increase when our officers are trained and equipped with superior tactics and equipment.
Fiscal Impact:
The grant would cover the cost of the equipment and department needs. There is no expected cost to the City of Yreka.
Recommendation and Requested Action:
Allow the Yreka Police Department to proceed with an equipment grant application.
Approved by ______________________________________________________ City Manager Jason Ledbetter
Yreka City Council Agenda
April 2, 2024
To:
From:
Prepared by:
Agenda title:
Meeting date:
Discussion:
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
YrekaCity Council
Jason Ledbetter, City Manager
Andrew L. Jared, City Attorney
Approval of Lease Agreement Through June 30, 2027, for 400 S.
Foothill Drive (APN: 54-191-290-000) to the County of Siskiyou For Bridge Housing and Supportive Services
April 2, 2024
The County of Siskiyou desires to lease the property at 400 S. Foothill to provide bridge housing and supportive services for on-site residents through June 30, 2027. In cooperation with the County’s effort to address the lack of available shelter, the rent required under the lease is a nominal $1 for the entire term. The proposed facility will be developed by the County of Siskiyou to accommodate approximately twenty persons in prefabricated housing units. As a short term lease, this action is exempt from the California Surplus Land Act.
The terms of the attached Lease Agreement have been negotiated between the City and the County. The City will be responsible for installation of a new water meter, inspection of the sewer lateral, and preparation of civil engineering plans for the site. The civil engineering plans are currently being prepared by Pace Engineering. The installation of the water meter and inspection of the sewer lateral on the city parcel will be done by City staff. No additional appropriation is required. The County will be responsible for all other site improvements, installation of required utilities, all structures and improvements for their intended use of the site, and all operations on site. The County will also be responsible for removal of all temporary structures and personal property at the end of the lease.
Fiscal Impact:
City will be responsible for installing a new water meter on its property, for preparing the civil engineering site plan for the property, and for doing an inspection of the sewer lateral.
The costs of these tasks are minimal and being conducted by City personnel.
Recommendation and Requested Action:
That the Council approve the attached lease agreement with the County of Siskiyou for 400 S. Foothill Drive to provide bridge housing and supportive services.
Attachment:
Yreka City Council Agenda
April 2, 2024
Lease Agreement for 400 S. Foothill Drive (APN 54-191-290-000) Yreka City Council Agenda
April 2, 2024
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Yreka
Attn: City Clerk
701 4th Street
Yreka CA 96097
RECORDING FEE EXEMPT
PURSUANT TO GOVERNMENT CODE
SECTION 27383
(Space Above Line For Recorder’s Use)
LEASE AGREEMENT
THIS LEASE AGREEMENT (the “Lease”) is made as of the date of the final signature below (“the Effective Date”), by and between CITY OF YREKA (“City” or “Lessor”), a municipal corporation, which operates under the laws of the State of California, having its principal place of business at 701 4th Street, Yreka, CA 96097 (“Lessor” or the “City”), and the County of Siskiyou, a political subdivision of the State of California, which operates under the laws of the State of California, having its principal place of business at 1312 Fairlane Road, Suite 1, Yreka, CA 96097 (“Lessee”) (with the “Lessor” and “Lessee” constituting the “Parties” and each, “Party”).
RECITALS
WHEREAS, City is the owner of that certain real property identified as Assessor’s Parcel Number 54-191-290-000, located at 400 S. Foothill Drive, Yreka, County of Siskiyou, California (“Premises”).
WHEREAS, The City desires to lease to Lessee the entire Premises, subject to all existing easements, for such purposes on the terms and conditions stated in this Agreement
AGREEMENT
IN CONSIDERATION OF the City leasing Premises to Lessee, Lessee leasing Premises from the City, and the mutual benefits and obligations set forth in this Lease, the receipt and Yreka City Council Agenda
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sufficiency of which consideration is hereby acknowledged, the Parties to this Lease agree as follows:
1. Leased Premises
The City agrees to rent to Lessee Assessor’s Parcel Number 54-191-290-000, located at 400 S. Foothill Drive, Yreka, County of Siskiyou, California (“Premises”)on the terms and conditions in this Lease Agreement.
2. Term
Lessee agrees to lease the Premises commencing on ________, 2024, the effective date of this Lease (the “Commencement Date”) and ending on June 30, , 2027 (“End Date”), such period of time known as the “Term”, unless terminated or extended further.
3. Rent
Subject to the provisions of this Lease Agreement, the Lessee will pay Lessor as rental for the Premises during the Term, the sum of $1 on the Commencement Date. The Parties represent that in entering into this Lease, they have bargained at arm’s length, that the amounts paid as rent by Lessee to the City are considering the geographic location and facts and circumstances of the market, and the use proposed for the Premises.
4. Statement of Use
The property will be restricted to the use of bridge housing and supportive services for individuals with serious behavioral health conditions through June 30, 2027. This restriction shall not be lifted before June 30, 2027, unless the Lessee identifies another suitable site for relocating the services and related structures and the resulting move does not negatively or significantly impact the residents of the bridge housing site.
5. Use and Improvements of Premises
A. Lessee shall use and occupy the Premises during the Term for the construction and operation of a shelter for approximately twenty (20) unhoused persons, and associated services for those persons housed on the Premises, consistent with the Behavioral Health Bridge Housing (BHBH) Program through the California Department of Health Care Services (DHCS) .
Lessee shall not commit any act or omission on the Premises which would be in violation of any statute, regulation or ordinance of the City or any governmental body, quasi-governmental body and regulatory body having jurisdiction over the Premises or the activities conducted thereon.
B. Lessee shall not use, or permit the use of, the Premises other than as described above. In any case, where Lessee is, or should reasonably be, in doubt as to the propriety of any particular use, Lessee may request, and will not be in breach or default if Lessee abides by, the written determination of the City that such use is or is not permitted.
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C. The Premises shall be occupied by none other than the Lessee, persons authorized by Lessee to be housed in Pallet Shelters on the Premises, and service providers operating under the direction and supervision of Lessee for the uses identified in 5.A above, without written consent of the City first having been obtained.
6. Utilities and Other Operating Costs
A. Lessee will pay all operating costs of the premises, including without limitation utilities, janitorial, taxes, garbage disposal, interior maintenance, exterior maintenance, and insurance (the “Operating Costs”). Lessee shall pay all Operating Costs directly to the provider.
B. Lessee shall be responsible for ordering, obtaining and paying for all utility services, including telephone, internet and electric service necessary for its use and enjoyment of the Premises and shall pay all services, service charges and installation charges in connection with the Premises.
7. Maintenance and Site Development
A. Lessee hereby acknowledges that Lessee has inspected the Premises, that Lessee accepts said Premises “as is” and “where is” and hereby accepts them as such.
B. Lessee shall be responsible for all site development costs necessary for Lessee’s use of the Premises as a shelter for unhoused persons and associated uses. Lessee will complete all necessary improvements to the Premises for its intended use. Prior to any work, Lessee must apply for and obtain any building permits as determined necessary by the Building Official.
C. Notwithstanding the paragraph 7.B above, City shall pay for the civil engineering plans for the site, installation of a water meter, and inspection of the existing sewer lateral on site.
D. Lessor shall not have any responsibility to maintain Premises in any fashion during the Term of this Lease Agreement. Lessee waives the provisions of Civil Code sections 1941 and 1942 with respect to City’s obligations for Lesseeability of Premises and Lessee’s right to make repairs and deduct the expenses of such repairs from the Rent. Lessor will be responsible for maintaining and repairing the following: None.
E. Lessee shall repair any damage or injury to the Premises caused by neglect or misuse by Lessee, Lessee’s servants, employees, agents, visitors, invitees, or licensees. Lessee agrees to take good care of the Premises and of all existing improvements, and any alterations, fixtures, and appurtenances thereon and thereto, and to give prompt notice to the Lease Administrator of any damage to same.
8. Replacement and Repair
All structures, equipment and fixtures installed by Lessee in accordance with the provisions of this Lease, shall be the property of Lessee during the term of this Lease. Any Yreka City Council Agenda
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improvements made to the Premises during the Term of the Lease shall become the property of the City, and shall remain after the end of the Term at the option of the City, unless City instructs Lessee to remove such structures, equipment and fixtures. Such possession right of the City at end of the Term of the Lease shall include, with no right of compensation or reimbursement to Lessee, all fences and gates; concrete, asphalt, gravel, or other ground work (hardscape or softscape); landscaping; and utility improvements.
Notwithstanding the forgoing, unless Lessee advises that it desires to leave any temporary building or temporary structure placed on the Premises at end of Term, Lessee shall have the right to remove temporary buildings or temporary structures which it has placed on the Premises during the Lease Term. In the event that Lessee desires to leave any temporary building or temporary structure placed on the Premises, Lessee shall notify City at least sixty (60) prior to end of Term of such intent, and City shall advise Lessee within thirty (30) of its intent to accept such temporary buildings or temporary structures at the end of the Term.
Lessee agrees to remove any such structures, equipment and fixtures at Lessee’s own expense, upon request of City upon termination of the Lease, provided that all damage to the Premises or improvements from such removal shall be repaired in a good and workmanlike manner and the Premises shall be left in as good order and condition as when Lessee took possession thereof, reasonable wear and tear and damage by the elements excepted. In the event Lessee does not so remove any of sub-structures, equipment or fixtures as aforesaid, City may remove, sell or destroy the same at the expense of Lessee and Lessee shall pay to City the reasonable cost of such removal, sale or destruction, together with the reasonable cost of repair of damages to City’s Premises or improvements or to the Premises resulting therefrom. It is further agreed that any personal property not removed from the Premises within sixty (60) days following termination of this Lease may, at City’s option, be deemed abandoned, and City may take possession and dispose of it in any manner without liability to Lessee.
9. Inspection
At all reasonable times during the term of this Lease and any renewal of this Lease, the City and its agents may enter the Premises to make inspections or repairs, or to make alterations, or make improvements to the Premises necessary for the security of the Premises or City infrastructure.
10. Severability
If there is a conflict between any provisions of the Lease and applicable legislation of the State of California, the state law will prevail, and such provisions of the Lease will be amended or deleted as necessary in order to comply with state law. Further, any provisions that are required by state law are incorporated in this Lease.
11. Care of Premises
A. Lessee will promptly notify the City of any damage, or of any situation that may significantly interfere with the normal use of the Premises.
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B. Lessee will comply with standards of health, sanitation, fire, housing, and safety as required by law. Lessee shall maintain Premises in a safe and clean condition, free from waste or nuisance.
C. Lessee will not keep or have on the premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire.
12. Indemnity
Lessee shall defend, indemnify and save harmless the City, its officers, agents and employees from and against any and all claims, demands, and liabilities for loss of any kind or nature which City, its officers, agents, or employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons or damage to Premises as a result of, arising out of, or in any manner connected with this Lease or with the occupancy and use of the Premises by Lessee, its guests, invitees, visitors, or any other persons whatsoever.
Lessee further agrees to pay any and all costs and expenses, including, but not limited to, court costs and reasonable attorney’s fees incurred by the City on account of any such claims, demands, or liabilities.
City shall not be liable to Lessee for any damage to Lessee or Lessee’s Premises from any cause. Lessee waives all claims against City for damage to persons or Premises arising for any reason other than the intentional torts or gross negligence of City or its authorized representatives. Lessee, as a material part of the consideration to City, hereby assumes all risk of damage to Premises or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against City.
13. Insurance
Lessee shall, during the term of this Lease, keep or cause to be kept, policies of insurance which will fully protect the Premises, or shall self-insure against such risk. Insurance required hereunder shall be issued by companies holding a “General Policyholders Rating” of B plus or better as set forth in the most current issue of “Best’s Insurance Guide”. Lessee shall submit to the City Manager, on or before the effective date of this Agreement and every twelve months thereafter, Certificates of Insurance evidencing that Lessee has obtained the required insurance from generally recognized responsible insurers in the following forms of coverage and minimum amount specified, or a statement that Lessee elects to self-insure. a. Commercial General Liability Insurance. The policy must be written on an “occurrence basis” and in an amount of not less than $1 million each occurrence. The insurer issuing the insurance policy must be admitted to do business in California. b. Fire and Extended Coverage. The policy is to provide coverage against loss or damage to the Premises resulting from fire, lightning, vandalism, malicious mischief and such perils ordinarily defined as “extended coverage” including flood but not earthquake. Such insurance shall be maintained in an amount of not less than 90% of the full replacement value.
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The required Commercial General Liability policy shall name City as an “additional insured”.
The required Fire and Extended Coverage Policy shall name City as “loss payee”.
Each policy of insurance shall contain the following clause:
“It is agreed that this policy shall not be cancelled nor the coverage reduced until thirty (30) days after City’s Lease Administrator or his/her designee shall have received written notice of such cancellation or reduction. The notice shall be deemed effective on the date delivered to said Lease Administrator or his/her designee as evidenced by properly validated return receipt.”
City shall retain the right at any time to review the coverage, form and amount of insurance required herein, and may require Lessee to obtain insurance sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exist at the time a change in insurance is required. City requirements shall be reasonable.
14. Assignment, Subletting, and Encumbering
Lessee shall not sublease the Premises or assign this Lease without prior written consent of the City. Notwithstanding the foregoing, Lessee shall have the right to sublet the premises to a services provider to operate the site as a homeless shelter once such is constructed by Lessee, and to sublet portions of the Premises to service providers to provide services to on-site occupants of the homeless shelter.
15. Default
The occurrence of any of the following shall constitute a default by Lessee:
a. Failure to pay rent or any other payment required to be made by Lessee hereunder as and when due, and such failure continues for five days after notice from Lessor to Lessee.
b. Abandonment of Premises (failure to occupy Premises for 30 consecutive days during the Term shall be deemed an abandonment and vacation). c. Failure to comply with or perform any other provision of this Lease if the failure to perform is not cured within 30 days after notice has been given to Lessee. d. If Lessee shall become insolvent, make an assignment for the benefit of his or her creditors, file a voluntary bankruptcy proceeding, be subjected to an involuntary bankruptcy proceeding, or if a receiver is appointed for Lessee
16. Termination.
The Parties acknowledge that the purpose of this Lease is residential in nature and, therefore, the laws applicable to residential leases shall apply for purposes of notice and Yreka City Council Agenda
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termination. After expiration of the initial leasing period, this Lease shall automatically renew from month-to-month upon written approval of the Lessor but may be terminated by either party with a written 60-day notice of intention to terminate. If tenancy exceeds one year, the Lessor shall give Lessee and all of Lessee’s tenants a written 60-day notice to terminate. Where laws require “just cause,” such just cause shall be so stated on said 60-day notice to terminate. The Premises shall be considered vacated only after all areas of the Premises are clear of all Lessee’s or Lessee’s tenant’s belongings, and other property furnished for Lessee’s tenant’s use. Should one or more of Lessee’s tenants hold over beyond the termination date set forth in the 60-day notice to terminate or fail to vacate all possession on or before the termination date, Lessee shall be liable for additional rent and damages, which may include damages due to Lessor’s loss of prospective new renters.
.
17. Notices
All notices that are required to be given by one party to the other under this Lease shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited with the United States Post Office for delivery by registered or certified mail addressed to the Parties at the following addresses, unless such addresses are changed by notice, in writing, to the other party.
If to City:
City Manager
City of Yreka
701 4th Street
Yreka CA 96097
If to Lessee:
Director of Health and Human Services Agency
County of Siskiyou
2060 Campus Drive
Yreka CA 96097
18. Entire Agreement
This Lease constitutes the entire agreement between the Parties with respect to the subject matter covered by this Lease and supersedes all prior understanding and agreements, whether written or oral, between the Parties hereto relating to the same subject matter.
19. Governing Law
This Lease is executed in Yreka, Siskiyou County, California. This Lease shall be interpreted under the laws of the State of California. Venue for any legal action or proceeding shall be in the Superior Court of the County of Siskiyou, California.
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20. General Provisions
A. Signing Authority. Each person signing this Agreement hereby warrants that they are properly authorized to do so and had actual authority to bind their principal to this Agreement.
B. No Continuing Waiver. Any waiver by the City of any failure by Lessee to perform or observe the provisions of this Lease will not operate as a waiver of the City’s rights under this Lease in respect of any subsequent defaults, breaches or nonperformance and will not defeat or affect in any way the City’s rights in respect of any subsequent default or breach. No right or remedy provided under this Lease is intended to be exclusive of any other right or remedy hereof provided by law or equity. Each right and each remedy shall be cumulative and in addition to every other right or remedy provided under this Lease now or hereafter existing at law, in equity or by statute.
C. Binding on Successors. This Lease will extend to and be binding upon and inure to the benefit of the respective administrators, successors and assigns, as the case may be, of each party to this Lease. All covenants are to be construed as conditions of this Lease.
D. Additional Rent. All sums other than the Total Rent Amount payable by Lessee to the City pursuant to any provision of this Lease will be deemed to be Additional Rent and will be recovered by the City as rental arrears.
E. No Discrimination. Lessee shall not discriminate against any person in relation to Lessee’s performance under this Lease (including any employee or applicant) on the basis of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, or sex.
F. Independent Parties. Nothing in this Lease shall be interpreted as creating a partnership, joint venture, or relationship of principal and agent between City and Lessee.
G. Amendments in Writing. No amendment of this Lease shall be valid unless it is in writing, specifies the nature and extent of the amendment, and is signed by the Parties.
H. Captions, Headings. All captions, headings, or titles in the paragraphs or sections of this Lease are inserted for convenience of reference only and shall not constitute a part of this Lease as a limitation of the scope of the particular paragraphs or sections to which they refer.
I. Execution in Counterparts. This Lease may be executed in counterparts, all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Party. Any executed counterpart to this Lease may be delivered by facsimile, .pdf or other electronic means, and any counterpart so delivered shall constitute an original for all purposes.
J. No Presumption Regarding Drafter. The Parties acknowledge and agree that the terms and provisions of this Lease have been negotiated and discussed between and among the Yreka City Council Agenda
April 2, 2024
Parties and their attorney’s and that this lease reflects their mutual agreement regarding the same.
Because of the nature of the negotiations and discussions, it would be inappropriate to deem any part to be the drafter of this Lease, and therefore, no presumption for or against validity or as to any interpretation hereof, based on the identity of the drafter, shall be applicable in interpreting or enforcing the Lease.
IN WITNESS WHEREOF, the Parties hereto have executed this Lease as of the day and year first written below.
LESSOR
CITY OF YREKA, a municipal corporation
By:
Name:
Date:
APPROVED AS TO FORM:
__________________________Date:_______________
Andrew L. Jared, City Attorney
ATTEST:
Cyndy Prohaska, City Clerk
Date:__________________
LESSEE
COUNTY OF SISKIYOU
By:
Name: Angela Davis, Siskiyou County Administrator
Date:
APPROVED AS TO FORM:
_____________________________Date:________________
Dana Barton, Chief Deputy County Counsel
Yreka City Council Agenda
April 2, 2024