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 SPECIAL MEETING AGENDA
Tuesday, May 14, 2024
Open Meeting 3:00PM
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, and 24 hours before each special 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.
Yreka City Council Special Meeting
May 14, 2024
• 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:
Municipal Projects Manager
a. Agenda Title: Community Theatre HVAC Replacement Project Recommended City Council Action: Adoption of Resolution 2024-25 Authorizing the City Manager to Award a Construction Contract to S+B James Construction, Inc. for the Community Theatre HVAC Replacement Project in the amount of $634, 460 and to Execute Related Documents, and Approving a Supplemental Appropriation for Capital Outlay of $545,000 Prior to the Adoption of the City’s FY24-25 Budget.
b. Agenda Title Community Theatre Roof Replacement Project Recommended City Council Action: Adoption of Resolution 2024-26 Authorizing the City Manager to Award a Construction Contract to S+B James Construction, Inc. for the Community Theatre Roof Replacement Project in the Amount of $138,264 and to Execute Related Documents and Approving a Supplemental Appropriation for Capital Outlay of $38,000 Prior to the Adoption of the City’s FY 24-25 Budget.
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. Public Employee Performance Evaluation § 54957
Title: City Attorney Contracts
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 Yreka City Council Special Meeting
May 14, 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 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 3:00 PM on May 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.
Yreka City Council Special Meeting
May 14, 2024
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Jason Ledbetter, City Manager
Prepared By: Cynthia Lynch, Municipal Projects Manager
Agenda Title: Discussion/Possible Action: Adopt Resolution No. 2024-25 Authorizing the City Manager to Award a Construction Contract to S+B James Construction, Inc. for the Community Theatre HVAC Replacement Project in the Amount of $634,460, to Execute Related Documents, and to Approve a Supplemental Appropriation for Capital Outlay of $545,000 Prior to the Adoption of the City’s FY 24-25 Budget
Meeting date: May 14, 2024
Recommendation and Requested Action:
That the Council adopt Resolution No. 2024-25 authorizing the City Manager to award a construction contract to S+B James Construction, Inc., for the Community Theatre HVAC Replacement Project in the amount of $634,460, to execute related documents, and to approve a supplemental appropriation for capital outlay of $545,000 prior to the adoption of the City’s FY 24-25 Budget.
Discussion:
The project to overhaul the Yreka Community Theatre’s heating, air conditioning and underlying electrical system was put out to bid several times since October 2018. After a fourth unsuccessful bid process in March 2024, it is appropriate to seek direct procurement with S+B James Construction of Medford, Oregon to do the work. S+B James submitted a quote of $634,460. Staff has reviewed the quote. In addition, City staff was directed to procure the main HVAC unit directly from the vendor; the unit has been quoted at $88,940. Staff is presenting this item and requesting a supplemental appropriation prior to adopting the City’s FY 24-25 budget to allow the project to move forward. The design of this project was prepared by PACE Engineering as City Engineer.
The scope of work for this contract is to install the 40-ton AC unit outside on grade; route ducting across the rooftop into the building; install a new primary power supply from existing service, two (2) 1,000-gallon propane tanks, with protection bollards and fencing, and concrete support pads for AC and tanks. The existing 5-ton heat pump and fan coil will also be replaced, including refrigerant piping and new electrical conductors.
Fiscal Impact:
A California Parks and Recreation Per Capita Grant of $177,952 has already been allocated to this project, leaving approximately $545,000 to be made up as City match. The Finance Director has been consulted and recommends using capital reserves funds to complete the project.
Yreka City Council Special Meeting
May 14, 2024
RESOLUTION NO. 2024-25
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA
AUTHORIZING THE CITY MANAGER TO AWARD A CONSTRUCTION
CONTRACT TO S+B JAMES CONSTRUCTION, INC., FOR THE
COMMUNITY THEATRE HVAC REPLACEMENT PROJECT IN THE
AMOUNT OF $634,460, TO EXECUTE RELATED DOCUMENTS, AND TO
APPROVE A SUPPLEMENTAL APPROPRIATION FOR CAPITAL OUTLAY OF $545,000 PRIOR TO THE ADOPTION OF THE CITY’S FY 24-25 BUDGET 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 has available funds for construction of the above-named project.
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 Manager or designee, the Director of Public Works or designee, and all other proper officers and officials of the City are hereby authorized to award the work known as the Community Theatre HVAC Replacement Project to S+B James Construction, Inc., of Medford, OR, in the amount of Six Hundred Thirty-Four Thousand Four Hundred Sixty Dollars and Zero Cents ($634,460.00), and to execute such documents 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 3. The City Manager, the Director of Public Works 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 4. The City Finance Director is hereby authorized to approve a $545,000 supplemental appropriation from the Capital Project Outlay fund to the Facilities budget for the Community Theatre HVAC Replacement Project.
Section 5. 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 6. This Resolution shall take effect immediately upon its passage.
Yreka City Council Special Meeting
May 14, 2024
Passed and adopted this 14th day of May, 2024 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
_______________________________
Corey Middleton, Mayor
City of Yreka
Attest: __________________________
Cyndy Prohaska, City Clerk
Yreka City Council Special Meeting
May 14, 2024
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Jason Ledbetter, City Manager
Prepared By: Cynthia Lynch, Municipal Projects Manager
Agenda Title: Discussion/Possible Action: Adopt Resolution No. 2024-26 Authorizing the City Manager to Award a Construction Contract to S+B James Construction, Inc. for the Community Theatre Roof Replacement Project in the Amount of $138,264, to Execute Related Documents, and to Approve a Supplemental Appropriation for Capital Outlay of $38,000 Prior to the Adoption of the City’s FY 24-25 Budget
Meeting date: May 14, 2024
Recommendation and Requested Action:
That the Council adopt Resolution No. 2024-26 authorizing the City Manager to award a construction contract to S+B James Construction, Inc. for the Community Theatre Roof Replacement Project in the amount of $138,264, to execute related documents, and to approve a supplemental appropriation for capital outlay of $38,000 prior to the adoption of the City’s FY 24- 25 Budget.
Discussion:
The Yreka Community Theatre Roof Replacement project was put out to bid in July 2023; no responsive bids were received at that time. Due to the need to properly coordinate this roof replacement with the Community Theatre HVAC Replacement project, City staff has been allowed to directly procure S+B James Construction of Medford, Oregon to do the roofing work. The contract work involves removal, disposal and abatement of the old roofing material; repair of dry rot locations; and roof replacement, including new underlayment, shingles, gutters, downspouts and leaf guards.
The project quote totaling $138,264 has been submitted and reviewed by City staff. Staff is presenting this item and requesting a supplemental appropriation prior to adopting the City’s FY 24-25 budget to cover project costs.
Fiscal Impact:
A Norris Foundation grant of $100,000 has already been allocated to this project, leaving approximately $38,000 to be made up as City match. The Finance Director has been consulted and recommends using capital reserves funds to supplement the grant funding and to complete the project.
Yreka City Council Special Meeting
May 14, 2024
RESOLUTION NO. 2024-26
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA
AUTHORIZING THE CITY MANAGER TO AWARD A CONSTRUCTION
CONTRACT TO S+B JAMES CONSTRUCTION, INC. FOR THE
COMMUNITY THEATRE ROOF REPLACEMENT PROJECT IN THE
AMOUNT OF $138,264, TO EXECUTE RELATED DOCUMENTS, AND TO
APPROVE A SUPPLEMENTAL APPROPRIATION FOR CAPITAL OUTLAY OF $38,000 PRIOR TO THE ADOPTION OF THE CITY’S FY 24-25 BUDGET 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 has available funds for construction of the above-named project.
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 Manager or designee, the Director of Public Works or designee, and all other proper officers and officials of the City are hereby authorized to award the work known as the Community Theatre Roof Replacement Project to S+B James Construction, Inc. of Medford, OR, in the amount of One Hundred Thirty-Eight Thousand Two Hundred Sixty-Four Dollars and Zero Cents ($138,264.00), and to execute such documents 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 3. The City Manager, the Director of Public Works 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 4. The City Finance Director is hereby authorized to approve a $38,000 supplemental appropriation from the Capital Project Outlay fund to the Facilities budget for the Community Theatre Roof Replacement Project.
Section 5. 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 6. This Resolution shall take effect immediately upon its passage.
Yreka City Council Special Meeting
May 14, 2024
Passed and adopted this 14th day of May, 2024 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
_______________________________
Corey Middleton, Mayor
City of Yreka
Attest: __________________________
Cyndy Prohaska, City Clerk
Yreka City Council Special Meeting
May 14, 2024