Agenda — Yreka City Council, August 6, 2024

Corey Middleton, Mayor
Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, 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
August 6, 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, 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 Government Code section 54953(f), 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:

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.

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
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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. 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 legal counsel – anticipated litigation (Govt C §54956.9(d)(4)) - Number of cases: 1

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.

Yreka Fire Department - Appointment of Clinton E. Carson

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.

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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:

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:

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.

Municipal Projects Manager
a. Agenda Title: Conduct a Public Hearing to Consider the Sale of a City Owned Vacant Lot, APN 062- 031-200, located on Campus Drive, Yreka, CA, and Adopt a Resolution Authorizing the Execution of a Purchase Contract for Real Property Located on Campus Drive.

On April 5, 2022, the City Council adopted a resolution declaring two City-owned vacant properties located on Campus Drive to be surplus property under the Surplus Land Act (SLA). The Yreka City Council
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City has no current plans to develop or make improvements on these properties, and Nor- Cal Products (Pfeiffer, Inc.) has expressed interest in purchasing one of the parcels, identified by Assessor’s Parcel Number (APN) 062-031-200.

Recommended City Council Action: Adopt Resolution 2024-36 Authorizing the City Manager to Execute the Purchase and Sales Agreement for the Real Property located on Campus Drive APN 062- 031-200.

10. NEW BUSINESS:

City Attorney & City Manager
a. Agenda Title: Resolution Establishing Procedures for the Notice, Removal and Storage of Personal Property at Encampments; and Finding Such Action Exempt from CEQA.

Recommended City Council Action: Motion to Approve Resolution 2024-37 of the City Council of the City of Yreka Adopting a Policy for the Notice, Removal and Storage of Personal Property from Encampment Removal Sites.
b. Agenda Title: Introduction and First Reading of an Ordinance Amending Chapter 9.45 “Protection of Schoolchildren, Bus Stops, Critical Infrastructure, and Wildfire Risk Areas” of the Yreka Municipal Code to be Called “Camping and Storage of Property in Public Places-Prohibited”, Amending Chapter

9.50 “Park Regulations”, and Finding the Ordinance Exempt from CEQA.

Recommended City Council Action: Motion to Introduce for First Reading an Ordinance titled: An

ORDINACE OF THE CITY COUNCIL OF THE CITY OF YREKA, CALIFORNIA AMENDING CHAPTER 9.45 “PROTECTION OF SCHOOLCHILDREN, BUS STOPS, CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS” TO THE YREKA MUNICIPAL COLDE TO BE CALLED “CAMPING AND STORAGE OF PROPERTY IN PUBLIC PLACES – PROHIBITED”, AMENDING CHAPTER 9.50 “PARK REGULATIONS, AND FINDING THE ORDINACE EXEMPT FROM CEQA”. (2) Waive full reading of the ordinance; and Finding such action exempt from the California Environmental Quality Act.

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 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 Yreka City Council
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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 August 6, 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
August 6, 2024

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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 Clinton E. Carson to the Yreka Volunteer Fire Department.

MEETING DATE: August 6, 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.

The City of Yreka recommends the appointment of Clinton E. Carson as a volunteer firefighter with the Yreka Fire Department. Mr. Carson has completed all of the application requirements regarding the appointment.

Approved by: __________________________________
Jason Ledbetter, City Manager
Yreka City Council
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YREKA CITY COUNCIL MEETING MINUTES
July 16, 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.

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.

NOTE: Councilmember Baker will be participating remotely (Gov. Code section 54953(f)(2)(A)(i), Just Cause, temporary mobility impairment). Public participation shall be allowed remotely via https://us02web.zoom.us/j/6194957056?omn=86771324351.

1. 5:30PM CALL TO ORDER:

The meeting was called to order at 5:30 pm.

2. PUBLIC COMMENT ON CLOSED SESSION:

No public comment was received.

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
August 6, 2024

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3. CLOSED SESSION:

The City Council will recess to Closed Session to discuss the below item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced. a. Conference with real property negotiator (Govt C §54956.8) - Property: East corner of Campus Drive and Ranch Lane, Yreka, CA (APN 062-031-200-000) - Agency negotiator: City Manager, Jason Ledbetter
- Negotiating parties: Nor-Cal Products, Inc a California Domestic Corporation - Under negotiation: Price and Terms
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

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

The meeting was called to order at 6:30 pm.

There was no reportable action in closed session.

5. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:

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

6. PUBLIC COMMENTS:

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

Yreka City Council
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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 Grifantini, Dawnmarie Autry, Lorenzo Love, Gary Nelson, & Heather Cipolloni.

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 June 9, 2024, through June 22, 2024. b. Approval/ratification of payments issued from June 23, 2024, through July 6, 2024. c. Adoption of Resolution 2024-33 of the City Council of the City of Yreka Approving the Destruction of Certain City Records Identified by the Finance Director. d. Adoption of Resolution 2024-34 of the City Council of the City of Yreka Setting Forth the Appropriations Limit for the City of Yreka for Fiscal Year 2024-2025. e. Approval of Minutes of the Regular Meeting held June 18, 2024. f. Approval of Minutes of the Special Meeting held July 11, 2024. g. Adoption of Resolution 2024-35 of the City Council of the City of Yreka Approving the Agreement for Services between the City of Yreka and Q Consulting Group and Authorize the City Manager to Execute the Necessary Agreements for the Compensations Study. h. Approve the Transportation Claim for the Local Transportation Fund for Fiscal Year 2024/2025 and Authorize the Mayor to Sign the Claim on Behalf of the City.

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

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

MOTIONED: Councilmember McCoy
SECOND: Councilmember Middleton
AYES: Councilmembers McCoy, Middleton, Kegg, Baker & Davis NO’s: -0-
ABSENT: -0-
ABSTAIN: -0-
The motion passes.

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8. OLD BUSINESS:

Municipal Projects Manager
a. Agenda Title: Second Reading of an Ordinance to Provide Informal Bidding Procedures Pursuant to CUPCCA; and Finding Such Action Exempt from CEQA.

On June 18, 2024, staff recommended adoption of Uniform Public Construction Cost Accounting Act (CUPCCA). The City Council adopted a resolution electing to adopt CUPCCA and approved for first reading an ordinance adding section 3.60 (“Public Works Contracts”) to the Yreka Municipal Code to provide informal bidding procedures under the California Uniform Public Construction Cost Accounting Act.

Recommended City Council Action: Approve Second Reading and Adopt an Ordinance Chapter

3.60 to the Yreka Municipal Code addressing Uniform Construction Cost Accounting Procedures; and finding such action exempt from the California Environmental Quality Act (CEQA) No public comment was received.

Motion to Approve Second Reading and Adopt an Ordinance Chapter 3.60 to the Yreka Municipal Code Addressing Uniform Construction Cost Accounting Procedures; and find such action exempt from the California Environmental Quality Act (CEQA)
MOTIONED: Councilmember Kegg
SECOND: Councilmember McCoy
AYES: Councilmembers McCoy, Middleton, Kegg, Baker & Davis NO’s: -0-
ABSENT: -0-
ABSTAIN: -0-
The motion passes.

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:

Planning Manager
a. Agenda Title: Request for Donation for the Kiwanis Easter Egg Hunt.

Steven Mains, on behalf of Kiwanis Club of the Siskiyous, has requested a $750 donation from the City of Yreka for the annual Kiwanis Easter Egg Hunt. The proposed date for the event is Saturday, April 19, 2025, and the proposed location is City/Miner Street Park.

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Recommended / Possible City Council Action: Motion to direct the City Manager to Authorize a $750 donation to the Kiwanis Easter Egg Hunt.

Motion to direct the City Manager to Authorize a $750 donation to the Kiwanis Easter Egg Hunt:

MOTIONED: Councilmember McCoy
SECOND: Councilmember Davis
AYES: Councilmember McCoy, Davis, Middleton, Baker, & Kegg NO’s: -0-
ABSENT: -0-
ABSTAIN: -0-
The motion passes.

11. CITY MANAGER/STAFF REPORTS:

City Manager Jason Ledbetter gave an update.

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.) Councilmember Middleton: “I would like the city attorney to review our current ordinances to make sure they are in compliance with state and/or federal law and I would like the city attorney to explore the options for penalty provisions that are now available under such ordinances that are available to us to pursue and, if it’s okay, as councilmembers Kegg and McCoy have experience in dealing with these issues, and have been dealing with the homeless since before I have taken my seat here, I would like them to discuss those issues with Mr. Jared in bringing these items back and moving forward. I also would like Mr. Jared to bring back options for amending the city code if it is available to us as soon as possible”

Councilmember Davis: Gave an update on the Fire Safety Council.

Councilmember Baker: Gave an update.

Councilmember McCoy: Gave an update.

Councilmember Kegg: Gave an update.

13. ADJOURNMENT:

The meeting adjourned at 7:41pm.
____________________________
Corey Middleton, Mayor
Minutes approved by City Council
Motion on August 6, 2024
__________________________
Cyndy Prohaska, City Clerk
Yreka City Council
August 6, 2024

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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM:

PREPARED BY:

Jason Ledbetter, City Manager
John Elsnab, Human Resources Director
Andrew L. Jared, City Attorney
AGENDA TITLE: Authorize Modification of Standard Terms for Agreement for Services Between the City of Yreka and Q Consulting Group MEETING DATE: August 6, 2024
On July 16, 2024, the City Council authorized City Manager to enter into a contract for services with Q Consulting to conduct a compensation study for the City of Yreka. The terms of the RFP did not require standard insurance for automobile, general liability, and professional liability be included in the agreement. All bidders provided bids with the expectation that insurance was not required for this scope of work. It is the opinion of the City Manager, Human Resources Director, and City Attorney that the given scope of work would not trigger a need for the insurance typically on the standard form agreement. However, this was not discussed at the last council meeting and is brought to the Council for informational purposes and to seek consent to enter into the agreement.

The scope of work does not require consultant to be a licensed professional engineer or other trade that would typically carry professional insurance. There is no identifiable risk whereby a third party could cause the scope of work to be the basis for liability for the City. All work will be done by Q Consulting remotely, with no need to travel to the City or on behalf of the City, eliminating the need for automobile insurance coverage.

Requiring any such insurance would incur an extra charge for the City and could trigger rebidding the project.

Recommendation and Requested Action:

Staff recommends approving eliminating the insurance requirements under the standard agreement. No change to the resolution adopted to by the City Council on July 16, 2024 is required, based on the understanding of such terms of the standard agreement..

Approved by: __________________________________
Jason Ledbetter, City Manager
Yreka City Council
August 6, 2024

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CITY OF YREKA

AGENDA MEMORANDUM
Prepared by: Juliana Lucchesi, AICP Community Development Director Agenda Title: 7e. Authorizing the City Manager to Sign Letter of Authorization for the Household Hazardous Waste Grant Program
Meeting date: August 6, 2024
Recommended Action:

Motion to authorize the City Manager to sign a Letter of Authorization to allow the County of Siskiyou to submit an application to the Household Hazardous Waste Grant Program
Summary:

The City of Yreka participates in a Joint Powers Authority (JPA) for solid waste with Siskiyou County and other cities. The JPA applies for regional solid waste grants to collect and process various solid waste streams. The Household Hazardous Waste Grant Program funds the collection and processing of household hazardous waste, such as paint, batteries, fluorescent lightbulbs, etc., at the transfer stations. The City of Yreka has historically supported the County and JPA applications to this program.

Background:

The Household Hazardous Waste Grant Program is administered by CalRecycle to implement the safe collection and processing of Household Hazardous Waste. For more information on the program visit:
https://calrecycle.ca.gov/homehazwaste/grants/cycle43/#Criteria Fiscal Impact:

There is no foreseeable fiscal impact to the City of Yreka.

Staff Recommendation:

City Staff request the City Council motion to allow the City Manager to sign on behalf of the city to allow Siskiyou County to submit a regional application to the Household Hazardous Waste Grant Program.

Attachments:

1. Draft Letter of Authorization for Household Hazardous Waste Grant Program
Yreka City Council
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Participating Jurisdiction Letterhead
August 7, 2024
Subject Line – RE: Letter of Authorization for Household Hazardous Waste Grant Program I am the City Manager of the City of Yreka. I am authorized to contractually bind the City of Yreka. Pursuant to this authority, I hereby authorize Siskiyou County to submit a regional application and act as Lead Agency on behalf of the City of Yreka. The County of Siskiyou is hereby authorized to execute all documents necessary to implement the project under the OPP.

This authorization is effective as long as the Resolution is in effect.

Sincerely,
Jason Ledbetter
City Manager
City of Yreka
[email protected]
(530) 841-2386
Yreka City Council
August 6, 2024

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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 Actions:

1. Conduct a Public Hearing to Consider the Sale of a City-Owned Parcel, APN 062-031-200, Located on Campus Drive in Yreka, CA

2. Adopt a Resolution Authorizing the Execution of a Purchase Contract for Real Property APN 062-031-200 Located on Campus Drive and Taking Related Actions
Meeting date: August 6, 2024
Recommendation:

That Council 1) conduct a public hearing to consider the sale of a City-owned parcel, APN 062-031-200, located on Campus Drive in Yreka, CA, and 2) adopt a Resolution authorizing the execution of a Purchase and Sale Agreement for real property located on Campus Drive and taking related actions.

Discussion:

On April 5, 2022, the City Council adopted a resolution declaring two City-owned vacant properties located on Campus Drive to be surplus property under the Surplus Land Act (SLA).

The City has no current plans to develop or make improvements on these properties, and Nor-Cal Products (Pfeiffer, Inc.) has expressed interest in purchasing one of the parcels, identified by Assessor’s Parcel Number (APN) 062-031-200.

The adopted resolution and written findings were submitted to the California Department of Housing and Community Development (HUD) for review, and a Notice of Availability was sent to all the required entities in accordance with the Act to provide housing entities the opportunity to purchase the property. No other entities expressed interest in purchasing the property within the required 60-day time period. HUD concurred with the findings of the City Council and approved the resolution, which allowed the City to move forward with negotiations with Nor-Cal for sale of the parcel. A public hearing is required before the final disposition of this parcel can be executed (see attached Resolution). The Grant Deed, the negotiated Purchase Contract, and other related documents are also attached.

Fiscal Impact:

The negotiated Purchase Contract shows a total purchase fee of $200,000.00 to be paid to the City by Nor-Cal Products. Nor-Cal will also pay the recording fees and half of the escrow fees for the sale.

Yreka City Council
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RESOLUTION NO. 2024-36

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

AUTHORIZING THE EXECUTION OF A PURCHASE CONTRACT FOR REAL PROPERTY AP N 062-031-200 LOCATED ON CAMPUS DRIVE

AND TAKING RELATED ACTIONS
WHEREAS, the City of Yreka, California (“City”) is the owner in fee simple of a parcel of real property located on Campus Drive in Yreka, California and identified with Assessor’s Parcel Number (“APN”) 062-031-200 (“the Parcel”); and WHEREAS, Nor-Cal Products, Inc. (“Nor-Cal”) desires to acquire said real property on the terms and conditions set forth in an Agreement which is under negotiation; and WHEREAS, per the Surplus Land Act (“SLA”), Government Code Section 54220 et seq., in a regular public meeting held on April 5, 2022, the City Council of the City of Yreka declared the Parcel surplus land because it was not necessary for the City’s use; and WHEREAS, pursuant to the procedures set forth in GC §37420 et seq., notice of the City’s intent to sell real property and the time for public hearing set for August 6, 2024 at 6:30 PM has been duly published as required by law in the Siskiyou Daily News on July 24 and July 31, 2024; and
WHEREAS, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), the City Council finds that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment.

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

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

SECTION 2. The City Manager or designee is authorized to execute the Purchase and Sale Agreement in conformance with state law and to do all things which are deemed necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.

SECTION 3. This resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code §21000 et seq.,“CEQA”). City staff has determined that this property sale is categorically exempt from further review under CEQA pursuant to State CEQA Guidelines, §15312 (Surplus Government Property Sales).

SECTION 4. It is further resolved that 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 Yreka City Council
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remaining portions of this resolution, the application thereof, shall not be affected 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 or phrase or the application thereof is held to be invalid or unconstitutional.
.

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

Passed and adopted this 6th day of August, 2024 in a regular meeting of the City Council of the City of Yreka by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
_________________________________
Corey Middleton, Mayor
Attest:
_______________________________
Cyndy Prohaska, City Clerk
Yreka City Council
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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager
Andrew L. Jared, City Attorney
AGENDA TITLE: Resolution Establishing Procedures for the Notice, Removal and Storage of Personal Property at Encampments; and
Finding Such Action Exempt from CEQA
MEETING DATE: 08/06/2024
Recommended Action:

Motion to

1. Approve a Resolution Establishing Procedures for the Notice, Removal and Storage of Personal Property at Encampments;

2. Finding such action exempt from the California Environmental Quality Act.

Discussion: Since 1975, camping in public recreation areas in the City of Yreka has been unlawful. (YMC 9.50.020, Ord. 520 (1975), “the Camping Ordinance.”) Littering, use of fire, consumption of alcohol, control of animals, amplified sound, and commercial activity are also regulated through such ordinance by making all violations infractions.

On July 16, 2024, the City Council added Chapter 9.45 to the Yreka Municipal Code to protect the use of the public rights of way and school children, bus stops, critical infrastructure, and wildfire risk areas. (Ord. 873, “Critical Infrastructure Ordinance”).

Both ordinances deal with the issue of camping within the City. Both ordinances were in legal limbo and largely rendered unenforceable after the decision by the 9th Circuit Court of Appeal in the cases of Johnson v. Grants Pass (9th Cir. 2022) and Martin v. City of Boise (9th Cir. 2019). Taken together, these decisions called into question the enforceability of ordinances that prohibited camping citywide where no other shelter options were available, as violations of the Eighth Amendment prohibition on cruel and unusual punishment. On June 28, 2024, the United States Supreme Court reversed the decision of the 9th Circuit in Johnson v. Grants Pass by holding that generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment. (City of Grants Pass v Johnson (2024) 144. S. Ct. 2002, 2215-2226.)
On July 16, 2024, Mayor Middleton directed that the City Attorney review the City’s current ordinances in light of the recent decision by the Supreme Court.

On July 24, 2024, Governor Gavin Newsom issued Executive Order N-1-24 which will calls for all state agencies under the authority of Gov. Newsom to adopt policies Yreka City Council
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consistent with policies adopted by the California Department of Transportation (Caltrans) in 2022 as Caltrans Maintenance Policy Directive 1001-R-1, amendment to.

He also encouraged local governments to adopt similar guidelines. The authority of the guidelines does not extend to the city or any local agency. For agencies under the governor’s jurisdiction, these guidelines address assessing whether exigent circumstances exist with an encampment, threatening live, health, and safety; set a reasonable notice to vacate procedure; encourage contacting service providers to assist persons experiencing homelessness; and set guidelines for the collection and storage of persona property which is not a threat to health or safety.

It is the opinion of the City Attorney that policies should be adopted consistent with those adopted by the California Department of Transportation concerning the noticing, collection and storage of personal property collected during camp clean-up operations.

This report does not cover any recommendations regarding level of enforcement or changes to the City’s current ordinances. It is the opinion of the City Attorney that both ordinances need minor changes to allow for additional enforcement.

The attached resolution and policy on notice, collection and storage of property collected during clearing of encampments is based on Caltrans Maintenance Policy Directive 1001- R-1. It establishes a reasonable period of 48-hours notice for camp clearance, except if exigent circumstances exist. Language was added to consider fire risk as an exigent circumstance. The storage of property is proposed for 60, the same as required under the Caltrans policy. The City code requires 120 days for lost property, and state law requires 90 days for lost property. However, in this instance, the personal property at issue is9or should be) known to the person occupying he camp, and there will be a notice before and after the clean-up event, so there is no argument that the person did not know where the property was lost from or discovery that the property is even lost. Here, a 60-day period is supported as the property left behind is effectively being forfeited if a clean-up occurs after the posting of notice and being left at that location after the date on the notice.

Accordingly, collecting and keeping the property for 60 days is reasonable under these circumstances,
Environmental Analysis: Adoption of this resolution does not meet the definition of a project for the purposes of the California Environmental Quality Act, under Public Resources Code Section 21065 and CEQA Guidelines Section 15378(b)(5), because it will not cause a direct or indirect physical change in the environment.

Attachments:

1. [Draft] Resolution Establishing Procedures for the Notice, Removal and Storage of Personal Property at Encampments; and Finding Action Not Subject To CEQA

2. Executive Order N-1-24

3. Caltrans Maintenance Policy Directive MPD-1001-R1
Yreka City Council
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RESOLUTION NO. 2024-37

RESOLUTION OF CITY COUNCIL OF THE CITY OF YREKA

ADOPTING A POLICY FOR THE NOTICE, REMOVAL AND STORAGE

OF PERSONAL PROPERTY FROM ENCAMPMENT REMOVAL SITES
WHEREAS, the City of Yreka does not permit camping in various parts of the City on public property, and from time to time in order to protect the public health and welfare through enforcement of the City codes, must remove encampment sites and all personal property associated with such site;
WHEREAS, notice for persons engaged in unlawful camping should be provided to inform persons of the need to remove their personal property from areas where camping is unlawful;
WHEREAS, the City Council desires to establish a policy to set a procedure for the notice of encampment removal, and collection and storage of personal property of persons who have unlawfully camped within the City;
WHEREAS, this policy facilitates such needs while providing guidance regarding encampment removal operations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yreka, Siskiyou County, California, hereby adopts the Policy for the Notice, Removal, and Storage of Personal Property from Encampment Removal Sites, attached hereto as Attachment A. To whatever extent this policy is in conflict with this the City code or state law, those provisions of the City code or state law shall take precedence.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Yreka in a meeting thereof held on August 6, 2024, by the following:

VOTE
Ayes:

Nays:

Absent:

Signature: ____________________________________ Date: ___________ Corey Middleton, Mayor, City of Yreka
ATTEST
Signature: ____________________________________ Date: ___________ Cyndy Prohaska, City Clerk, City of Yreka
Yreka City Council
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EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-1-24
WHEREAS California is experiencing a homelessness crisis decades in the making, with over 180,000 people estimated to have experienced homelessness on any given night in 2023, including 123,000 people who experienced unsheltered homelessness, living in tents, trailers, and vehicles across the state; and
WHEREAS within the first year of my Administration I fast-tracked the development of shelter through Executive Order N-23-20, which directed departments to assess and facilitate the use of available state land and resources for short-term emergency homeless shelters; and WHEREAS since the beginning of my Administration, the State has made unprecedented investments to address the homelessness crisis head on, investing more than $24 billion across multiple state agencies and departments, including $4.85 billion in flexible funding to local jurisdictions to prevent and reduce homelessness through Homeless Housing, Assistance and Prevention grants, $1 billion in Encampment Resolution Funding to assist local jurisdictions in providing services and supports to people living in encampments, and $3.3 billion to rapidly expand housing for persons experiencing homelessness through Homekey; and
WHEREAS the State has redoubled its commitment to holding local jurisdictions accountable to reduce homelessness, including by strengthening and enforcing requirements that local jurisdictions plan for their fair share of housing and by conditioning state homelessness funding on rigorous reporting and measurable performance metrics; and
WHEREAS it is imperative to act with urgency to address dangerous encampments, which subject unsheltered individuals living in them to extreme weather, fires, predatory and criminal activity, and widespread substance use, harming their health, safety, and well-being, and which also threaten the safety and viability of nearby businesses and neighborhoods and undermine the cleanliness and usability of parks, water supplies, and other public resources; and
WHEREAS while every jurisdiction must do more to address encampments, state and local agencies taking proactive steps to remove encampments have been stymied in those efforts by lawsuits and injunctions, leaving officials without the tools or guidance necessary to address the crisis on their streets; and WHEREAS in September 2023, I called on the United States Supreme Court to grant review in City of Grants Pass v. Johnson to clarify that state and local officials can take reasonable actions to resolve encampments while respecting the humanity of all Californians; and
WHEREAS in June 2024 the Supreme Court overturned Ninth Circuit Court of Appeals precedent that restricted the government’s authority to enforce laws regulating encampments, recognizing that jurisdictions may tailor their enforcement practices to reflect policy-driven approaches to addressing homelessness; and
WHEREAS with the threat of these types of injunctions removed, there is no longer any barrier to local governments utilizing the substantial resources Yreka City Council
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provided by the State, in tandem with federal and local resources, to address encampments with both urgency and humanity, or excuse for not doing so; and WHEREAS guidelines that prioritize offers of shelter and services as a first step to resolving any encampment best respect the dignity of every Californian and provide meaningful paths to ending homelessness; and WHEREAS the California Interagency Council on Homelessness leads California’s efforts to prevent and end homelessness; and WHEREAS the California Department of Transportation maintains a policy directive that prioritizes removal of encampments that pose threats to life, health, and safety, while partnering with local governments and nonprofit providers to facilitate offers of shelter and supportive services in advance of a removal; and
WHEREAS the California Department of Transportation has, since July 2021, removed 11,188 encampments and 248,275 cubic yards of debris from these encampments along the state rights of way.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:
1) Agencies and departments subject to my authority shall adopt policies, generally consistent with California Department of Transportation’s Maintenance Policy Directive 1001-R1, to address encampments on state property, including through partnerships with other state and local agencies, and shall prioritize efforts to address encampments consistent with such policy. Such policies shall include the following:
a. Whenever feasible, site assessment in advance of removal operations to determine whether an encampment poses an
imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate removal of the
encampment.
b. Where exigent circumstances exist, as much advance notice to vacate as reasonable under the circumstances.
c. Where no exigent circumstances exist, posting of a notice to vacate at the site at least 48 hours prior to initiating removal. d. Contacting of service providers to request outreach services for persons experiencing homelessness at the encampment.
e. Collection, labeling, and storage for at least 60 days of personal property collected at the removal site that is not a health or safety hazard.
2) All departments and agencies not under my authority are requested to adopt policies consistent with the guidelines in Paragraph 1. 3) Local governments are encouraged to adopt policies consistent with this Order and to use all available resources and infrastructure, Yreka City Council
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including resources provided by the State’s historic investments in housing and intervention programs where appropriate and available, to take action with the urgency this crisis demands to humanely remove encampments from public spaces, prioritizing those encampments that most threaten the life, health, and safety of those in and around them. 4) The California Interagency Council on Homelessness shall develop guidance and provide technical assistance consistent with this Order for local governments to follow in implementing their local homelessness programs.

IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 25th day
of July.
_____________________________

GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY N. WEBER, Ph.D.

Secretary of State
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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager
Andrew L. Jared, City Attorney
AGENDA TITLE: Introduction and First Reading of an Ordinance Amending Chapter 9.45 “Protection of Schoolchildren,
Bus Stops, Critical Infrastructure, and Wildfire Risk
Areas” of the Yreka Municipal Code to be Called
“Camping and Storage of Property In Public Places –
Prohibited”, Amending Chapter 9.50 “Park Regulations”,
and Finding The Ordinance Exempt From CEQA
MEETING DATE: 08/06/2024
Recommended Action:

Motion to

1. Introduce for First Reading an ordinance titled: “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF YREKA, CALIFORNIA AMENDING
CHAPTER 9.45 “PROTECTION OF SCHOOLCHILDREN, BUS STOPS,
CRITICAL INFRASTRUCTURE, AND WILDFIRE RISK AREAS” TO THE YREKA MUNICIPAL CODE TO BE CALLED “CAMPING AND STORAGE
OF PROPERTY IN PUBLIC PLACES – PROHIBITED”, AMENDING
CHAPTER 9.50 “PARK REGULATIONS”, AND FINDING THE ORDINANCE EXEMPT FROM CEQA”;

2. Waive full reading of the ordinance; and

3. Finding such action exempt from the California Environmental Quality Act.

On July 19, 2022, the City Council added Chapter 9.45 to the Yreka Municipal Code to protect the use of the public rights of way and school children, bus stops, critical infrastructure, and wildfire risk areas. (Ord. 873, “Critical Infrastructure Ordinance”).

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options were available, as violations of the Eighth Amendment prohibition on cruel and unusual punishment. On June 28, 2024, the United States Supreme Court reversed the decision of the 9th Circuit in Johnson v. Grants Pass by holding that generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment. (City of Grants Pass v Johnson (2024) 144. S. Ct. 2002, 2215-2226.)
On July 16, 2024, Mayor Middleton directed that the City Attorney review the City’s current ordinances in light of the recent decision by the Supreme Court.

In response to the Grants Pass decision, many cities are amending their city codes dealing with camping on public lands. The attached ordinance amends two Chapters of the Yreka Municipal Code dealing with camping in public.

The primary focus of the City Council has been and continues to encourage persons experiencing homelessness and others camping in public places to seek opportunities for assistance, and the regulate the public space for the health, safety and welfare of the general public.

Economic Impact:

Adoption of this ordinance will have unknown increased fiscal impacts. Such costs will be associated with the staffing required from various departments to enforce the amendments to the proposed codes.

Proposed Changes to Chapter 9.45: the “Critical Infrastructure Ordinance The Critical Infrastructure Ordinance was an attempt to regulate camping, sitting. lying and storage of property in certain public spaces after the Boise and Grants Pass decisions in the 9th Circuit. These decisions allowed cities to address time, place and manner regulations which did not amount to a total ban on camping. The focus therefore was on specific locations or infrastructure, and distances from such locations to comply with the 9th Circuit decisions. As that is no longer required, the ordinance may be amended to apply citywide, and to augment the penalty provisions to encourage compliance and provide an incentive to seeking assistance opportunities.

Accordingly, it is proposed that the definitions of bus stop, bus stop area, critical infrastructure, school route, wildfire risk area, and youth serving facility be eliminated, as these locations are no longer required to be specified. It is recommended that the definition of “camping” be amended. It is recommended in this definition that the term which is also used in section 9.50.020 be made consistent between the two chapters.

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Next, while the prohibition can be, and is proposed to be, extended citywide, the exceptions to such prohibition are proposed to be narrowed to legal use of recreational facilities, parades, and sitting at existing city-provided benches for one hour. Camping allowed in public camp grounds or by permit would still be allowed. It is also clarified that this section is not intended to affect the rights of private property owners.

While the location-specific requirements in 9.45.030 are proposed to be eliminated, a citywide prohibition on the unlawful use of fire in this context is proposed to be added.

This prohibition mirrors the ban currently in place under 9.50.030 for use of fire in recreation areas.

The code is proposed to be updated in regard to abatement, specifically to reference a council-adopted abatement policy, also on agenda tonight.

The lack of meaningful enforcement penalties has been universally cited as a primary reason why persons do not seek treatment, shelter, and other opportunities to assist situations for persons experiencing homelessness. The proposed penalty for violations seeks to encourage people camping in public to seek other opportunities. The proposed provision identifies a first violation as an infraction, with subsequent violations being a misdemeanor. The first violation is proposed as a $50 fine, with second and subsequent violations as $250 and $500 fines respectively, and subject to imprisonment up to smonths. Outside of the general penalty provision under Title 1 of the Yreka Code, several Chapters have other penalty provisions, as indicated below, each with fines and imprisonment. The proposed language takes the existing escalating fine provision from section 9.60.120 “Drinking in Public” and adds a 6-month imprisonment provision on subsequent offenses, as is found in the general prohibition, and for creating an illegal trailer park. The proposed penalty for both 9.45 and 9.50 is as follows:
“A violation of any provision of this chapter shall be an infraction; provided, however, for the second or any additional violation, within any one-year period, may be treated as a misdemeanor. The maximum fine for the first violation is: Fifty dollars for the first offense; two hundred dollars for the second offense within one year and each subsequent offense within one year shall be five hundred dollars, and imprisonment not exceeding six months, or by both such fine and imprisonment . The prosecuting attorney may treat any third offense occurring within one year as a misdemeanor.”
Proposed Changes to Chapter 9.50: the “Park Regulations” As discussed above, the penalty provision is proposed to match the language above, to encourage persons to comply with generally applicable regulations to protect the public health and welfare, and to encourage people to seek services if such are necessary.

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The definition of “camping” is also being amended to ensure consistency. There is a clarification as to the city’s ownership or control over property as being a recreational area. The regulation on fire is clarified that use of fire would need to remain consistent with the state Fire Code.

Summary of certain existing Yreka Municipal Code penalty provisions:

The following are some of the current penalty provision presently existing in the Yreka Municipal Code pertaining to specific offenses:
[ADMINISTRATIVE FINE $500; OTHER PROSECUTION] [Existing 9.45.050 Camping]
(a) Every person violating any provision of this chapter is subject to the imposition of an administrative fine not exceeding five hundred dollars. (b) Nothing in this chapter shall be construed to prevent a person from being prosecuted, convicted, or sentenced for a violation of any lesser or related city, state, or federal statutes which might impose different penalties. [ADMINISTRATIVE FINE “BY RESOLUTION”] [Existing 9.50.130 Camping] Any violation of any provision of this chapter or any resolution adopted pursuant thereto shall constitute an infraction.
[MISDEMEANOR, $500 FINE, 6-MO. IMPRISONMENT] [Existing 5.12.230 Trailer Parks]
Every person violating or contributing in any way to the violation of any of the provisions of this chapter is guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Every violator of the provisions of this chapter is guilty of a separate offense for every day such violation shall continue, and shall be subject to the penalty imposed by this section for each and every such separate offense Yreka City Council
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[INFRACTION, GRADUATED PENALTY: $50/$100/$250] [Existing 8.30.010 Animals]
Any person violating any of the provisions of this title is guilty of an infraction. Every violation is punishable by:
(1)A fine not exceeding fifty dollars for a first violation; (2)A fine not exceeding one hundred dollars for a second violation of the same section within one year;
(3)A fine not exceeding two hundred fifty dollars for each additional violation of the same section within one year.
[1st INFRACTION; 2nd MISDEMEANOR, $50/$200/$500 FINE; 3rd MISDEMEANOR] [9.60.120 Drinking in Public]
A violation of any provision of this chapter shall be an infraction; provided, however, for the second or any additional violation, within any one-year period, may be treated as a misdemeanor. The maximum fine for the first violation is: Fifty dollars for the first offense; two hundred dollars for the second offense within one year and each subsequent offense within one year shall be five hundred dollars. The prosecuting attorney may treat any third offense occurring within one year as a misdemeanor.

Environmental Analysis: Adoption of this resolution does not meet the definition of a project for the purposes of the California Environmental Quality Act, under Public Resources Code Section 21065 and CEQA Guidelines Section 15378(b)(5), because it will not cause a direct or indirect physical change in the environment.

Attachments:

1. [Draft] Ordinance amending Chapter 9.45 and 9.50
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1 ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF YREKA, CALIFORNIA AMENDING CHAPTER 9.45
“PROTECTION OF SCHOOLCHILDREN, BUS STOPS,

CRITICAL INFRASTRUCTURE, AND WILDFIRE RISK
AREAS” TO THE YREKA MUNICIPAL CODE TO BE
CALLED “CAMPING AND STORAGE OF PROPERTY IN
PUBLIC PLACES – PROHIBITED”, AMENDING
CHAPTER 9.50 “PARK REGULATIONS”, AND FINDING

THE ORDINANCE EXEMPT FROM CEQA
1 THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY
2 ORDAIN AS FOLLOWS:
3 Section 1. Section 9.45 “Protection of Schoolchildren, Bus Stopes, Critical 4 Infrastructure, and Wildfire Risk Areas” of the Yreka Municipal Code is 5 hereby amended with the following additions and deletions to read as follows 6 (additions in underline, deletions in strikethrough):
7 8 CHAPTER 9.45 – CAMPING AND STORAGE OF PROPERTY IN PUBLIC 9 PLACES – PROHIBITED PROTECTION OF SCHOOLCHILDREN, BUS STOPS, 10 CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS
11 9.45.010 - Definition of specialized terms and phrases. 12 13 The following words, terms and phrases, when used in this chapter, shall have the 14 meanings ascribed to them in this section, except where the context clearly indicates a 15 different meaning:
16 "Bus stop" means any place where the city, county, other governmental entity or transit 17 operator, has directed the placement of a sign designating a location where shuttle, 18 trolley, bus service, or other form of public transit stop to service and transport 19 passengers.

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20 "Bus stop area" means the area at a bus stop occupying the entire width of the sidewalks 21 that extends twenty feet before a bus stop sign or bus stop route sign, or, for bus stops 22 furnished with shelter or shelters, the footprint of the shelters, and the entire width of the 23 sidewalk that extends ten feet before and ten feet after the footprint of the shelter. The 24 footprint of a shelter is defined by vertical plans, perpendicular to the ground, extending 25 down from the outermost edges of the shelter overhang or roof. 26 Camping" means to pitch or occupy camp facilities, to live temporarily or occupy a 27 portion of property for living accommodation purposes, as exemplified by remaining for 28 prolonged or repetitious periods of time with one's personal possessions (including, but 29 not limited to, clothing, sleeping bags, bed rolls, blankets, sheets, luggage, backpacks, 30 kitchen utensils, cookware, and similar materials); sleeping or making preparations to 31 sleep, storing personal belongings (including, but not limited to, clothing, sleeping bags, 32 bed rolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar 33 materials), or regularly igniting fires for food or beverage preparation or for warming. 34 Camping" means to occupy or prepare to occupy as exemplified by sleeping or making 35 preparations to sleep, storing personal belongings (including, but not limited to, clothing, 36 sleeping bags, bed rolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, 37 and similar materials), or igniting fires for food or beverage preparation or for warming. 38 Camping may involve the use of a any trailer, mobilehome, camper or other vehicle 39 equipped for human habitation; the erection of any tent or other shelter; or the 40 arrangement of sleeping bags, bedding, bed rolls, blankets, sheets, luggage, backpacks, 41 kitchen utensils, cookware, and similar materials for the purpose of or which will permit 42 remaining overnight.
43 "Critical infrastructure" means any real property or facility, whether privately or publicly 44 owned, as designated by the city council from time to time by resolution, that the city 45 council determines, in its discretion, is so vital and integral to the operation or 46 functioning of the city that its damage, incapacity, disruption, or destruction would have 47 a debilitating impact on the public health, safety, or welfare. Critical infrastructure may 48 include, but is not limited to, government buildings, such as schools, fire stations, police 49 stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train 50 tracks, drainage systems, or levees; or systems, such as computer networks, public 51 utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources. 52 "School route" shall mean any public road that is significantly used for transportation to 53 and from any public or private school. The city shall adopt a resolution and make 54 publicly available a map of all designated school routes. 55 "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to 56 place or leave in a location.
57 "Wildfire risk area" has the same meaning as in California Code of Regulations, title 24, 58 part 9, section 202.

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59 "Youth-serving facility" means child day care facilities, preschools, public or private 60 primary or secondary schools, public libraries, and city playgrounds and parks. 61 9.45.020 – Activities Prohibited –Citywide Prohibition on camping in public right-of- 62 way. 63
64 (a) No person shall camp, sit, lie, sleep or store their belongings in or upon any public 65 place in the city, including but not limited to any street/highway, green belt, median 66 island, alley, sidewalk, crosswalk or other public place. or way open for pedestrian or 67 vehicular travel or appurtenant thereto:
68 (1) In such a manner that impedes passage, as provided by the Americans with 69 Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from 70 time to time; or
71 (2) In a manner that obstructs or unreasonably interferes with the use of the right-of-way; 72 or
73 (3) In a manner that obstructs any portion of any street or other public right-of-way open 74 to use by motor vehicles, or any portion of a bike lane, bike path, or other public right-of75 way open to use by bicycles or pedestrians, by sitting, lying, or sleeping, or by storing, 76 using, maintaining, or placing personal property, anywhere within the street, bike lane, 77 bike path, or other public right-of-way; or
78 (4) In a manner that blocks or impedes access to city-owned or leased equipment or 79 buildings, or impedes city staff from performance of inspection, maintenance, or repairs 80 of city-owned property; or those portions of a right-of-way that are required by local, 81 state, or federal law to be free of obstruction for first responders, including but not 82 limited to members of law enforcement, fire agencies, or emergency-medical-services 83 agencies.
84 (b) The provisions of this section do not prohibit a person from sitting upon a public 85 street/highway, green belt, median island, alley, sidewalk, crosswalk, or other public 86 place if:
87 (1) Such person is lawfully using a recreational area during posted ours of operation, or if 88 no hours are posted between dawn and sunsetTemporarily necessitated by any disability 89 of such person;
90 (2) Such person is viewing a legally conducted parade or similar permitted temporary 91 event; or
92 (3) Such person is seated for less than one hour on a bench lawfully installed for such 93 purpose; or.

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94 (4) Such person is engaged in expressive activity.
95 (c) Nothing in this chapter shall be construed as to prohibit camping in public 96 campgrounds or other facility under a permit authorized by other provisions of law or 97 ordinance.
98 (d) Nothing in this chapter is intended to prohibit or make unlawful the activities of an 99 owner of private property or other lawful user of private property that are normally 100 associated with and incidental to the lawful and authorized use of private property for 101 residential or other purposes; and nothing is intended to prohibit or make unlawful the 102 activities of a property owner or other lawful user if such activities are expressly 103 authorized by the Code or other laws, ordinances, and regulations. 104

9.45.030 – Location—Specific regulations. 105
106 The following provisions apply separately from the requirements of Section 9.45.020 of 107 this code.
108 (a) No person shall camp, lie, sleep, or store their belongings within ten feet near or in or 109 upon any bus stop or bus stop area during the posted hours of bus service for more than a 110 total of one hour during any given twelve-hour period. 111 (b) Subsection 9.45.030(a) does not apply to any person:
112 (1) Unable to comply with the direction of a law enforcement officer due to a medical 113 condition or emergency;
114 (2) Engaged in expressive activity;
115 (3) Engaged in maintenance, repair, or construction activity on behalf of a governmental 116 entity or a public utility; or
117 (4) Under the age of six years old who is lying down in a baby carriage, stroller, or 118 carrier, or is lying down while being held or carried by a person who is not lying down. 119 (c) To limit traffic congestion and protect the safety of children traveling to and from and 120 in and around youth-serving facilities from potential adverse safety impacts due, in part, 121 to sidewalk congestion, no person shall camp, sit, lie, sleep, or store their belongings in 122 or upon any public street/highway, bike path, pedestrian path, green belt, median island, 123 alley, sidewalk, crosswalk, or other public place or way open for pedestrian or vehicular 124 travel that is in or within two hundred fifty feet of a school route during the period 125 extending one hour before the start of classes and ending one hour after the end of 126 classes.

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127 (d) To protect the health and safety of schoolchildren, no person shall camp, sit, lie, 128 sleep, or store their belongings in or upon any public street/highway, bike path, 129 pedestrian path, green belt, median island, alley, sidewalk, crosswalk or other public 130 place or way open for pedestrian or vehicular travel in or within two hundred fifty feet of 131 a youth-serving facility at any time.
132 (e) To prevent wildfires, no person shall camp, sit, lie, sleep, or store their belongings in 133 or upon a wildfire risk area.
134 (f) No person shall camp, sit, lie, sleep, or store their belongings in or upon fifty feet of 135 critical infrastructure as defined from time to time by resolution of the city council. 136 (g) To protect the health and safety of users of public transits, no person shall camp, lie, 137 sleep, or store their belongings in or upon any method of public transportation that runs 138 in the city. Violations of this ordinance may be remedied under Section 9.45.040 and may 139 result in removal from public transportation.
140 (h) Nothing in this chapter is intended to prohibit or make unlawful the activities of an 141 owner of private property or other lawful user of private property that are normally 142 associated with and incidental to the lawful and authorized use of private property for 143 residential or other purposes; and nothing is intended to prohibit or make unlawful the 144 activities of a property owner or other lawful user if such activities are expressly 145 authorized by the Code or other laws, ordinances, and regulations. 146 (i) No person shall camp, sit, lie, sleep, or store their belongings in or upon any public 147 street/highway, bike path, pedestrian path, green belt, median island, alley, sidewalk, 148 crosswalk, or other public place or way open for pedestrian or vehicular travel in any 149 location in the city, if at the time of enforcement, there is available alternative public 150 space in which to perform those activities.
151 (j) No person shall camp, sit, lie, sleep, or store their belongings within ten feet of any 152 operation or utilizable driveway or loading dock.
153 (k) No person shall camp, sit, lie, sleep, or store their belongings within ten feet of any 154 fire hydrant, fire hydrant, or other fire department connection. 155 (l) No person shall camp, sit, lie, sleep, or store their belongings within fifty feet outside 156 a designated facility that provides shelter, safe sleeping, or safe parking to homeless 157 persons or that serves as a homeless services navigation center. 158 (m) No person shall camp, sit, lie, sleep, or store their belongings in or upon any public 159 street/highway, bike path, pedestrian path, green belt, median island, alley, sidewalk, 160 crosswalk, or other public place or way open for pedestrian or vehicular travel that has 161 signage prohibiting such activities. The city council may designate a section of the public 162 right-of-way as prohibiting such activities under this section if a section of the right-of163 way poses a particular and ongoing threat to public health or safety. Such circumstances Yreka City Council
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164 may include, but are not limited to: (i) the death or serious bodily injury of any person at 165 the location due to a hazardous condition; (ii) repeated serious or violent crimes at the 166 location; or (iii) the occurrence of fires that resulted in a fire department response to the 167 location. For each such location, a prohibition pursuant to this subdivision shall be 168 effective for a period of time specified in the resolution, but not to exceed one year.

9.45.030 - Fires. 169
It is unlawful to build any fire or burn any combustible material within any public place 170 withing the city except on private property or as allowed pursuant to section 9.50.030 in 171 fireplaces or barbecues constructed and maintained for such use by the city within 172 recreation areas. Nothing in this section shall prohibit the use of a barbecue or similar 173 type of cooking device when used or maintained in such a manner as not to injure or 174 destroy vegetation or constitute a fire hazard, when done consistent with the California 175 Fire Code. 176
177

9.45.040 – Abatement Summary abatement. 178
179 (a) In addition to any other lawful authority, any violation of Section 9.45.020 or 180 Section 9.45.030 may be abated by the city or any law enforcement officer consistent 181 with policies for the removal of encampments adopted by the City Council. upon twenty182 four hours of prior notice. Any violation of Section 9.45.02030 may be abated 183 immediately by the city or any law enforcement officer without prior notice if the 184 violation poses an imminent threat to public health or safety. 185 (b) Abatement pursuant to subsection 9.45.040(a) of this section may include, but is not 186 limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, 187 hazardous waste, infectious waste, junk or debris; and securing the perimeter of the 188 property with fencing, gates, notification tape, or barricades to prevent further 189 occurrences of the nuisance activity. Any property removed from an encampment where 190 notice was provided pursuant to an encampment clearance policy adopted by resolution 191 by the City Council shall be considered abandoned property and retained for 60 days. 192 Any lawful medication and valuable personal property shall be inventoried and 193 maintained at an appropriate alternative location in the judgment of the enforcement 194 officer, for at least seventy-two hours before other disposition, with notification provided 195 to the apparent owner(s) as to retrieval procedures. 196 (c) Regardless of the city's authority to conduct abatement pursuant to this section, every 197 owner, occupant, or lessee of real property, and every holder of any interest in real 198 property, is required to maintain the property in compliance with local, state, and federal 199 law; and is liable for violations thereof.
200 (d) The abatement authority provided in this chapter shall be cumulative and in addition 201 to any other procedures provided by the laws of the city or the state for the abatement of 202 any of the conditions described in this chapter, and abatement pursuant to the provisions Yreka City Council
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203 of this chapter shall not prejudice or affect any other action, civil or criminal, for the 204 abatement of any such condition.
205

9.45.050 - Violation—Penalty. 206
207 (a) Every person violating any provision of this chapter is subject to the imposition of an 208 administrative fine not exceeding five hundred dollars. 209 A violation of any provision of this chapter shall be an infraction; provided, however, for 210 the second or any additional violation, within any one-year period, may be treated as a 211 misdemeanor. The maximum fine for the first violation is: Fifty dollars for the first offense; 212 two hundred dollars for the second offense within one year and each subsequent offense 213 within one year shall be five hundred dollars, and imprisonment not exceeding six months, 214 or by both such fine and imprisonment . The prosecuting attorney may treat any third 215 offense occurring within one year as a misdemeanor. 216 (b) Nothing in this chapter shall be construed to prevent a person from being prosecuted, 217 convicted, or sentenced for a violation of any lesser or related city, state, or federal 218 statutes which might impose different penalties.
219

9.45.060 - Ability-to-pay determination. 220
221 (a) Any fine issued under Section 9.45.050 will be accompanied with a notice of and 222 instruction regarding the right to request an ability-to-pay determination. 223 (b) If the requestor is receiving public benefits under Government Code § 68632, 224 subdivision (a), or has a monthly income which is one hundred twenty-five percent or 225 less than the current poverty guidelines updated periodically in the Federal Register by 226 the United States Department of Health and Human Services, the requestor's 227 administrative fine shall be waived and the violator shall instead be subject to:
228 (1) Completing community service in lieu of paying the total administrative fine; or 229 (2) Offered an alternative disposition.
230 Fine waiver and alternative disposition shall not be applicable to violators who have 231 access to adequate temporary shelter but choose not to use it. 232
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233 Section 2. Section 9.45.010 of the Yreka Municipal Code is hereby amended with the 234 following additions and deletions to read as follows (additions in underline, deletions in 235 strikethrough):

9.50.010 - Definitions. 236
237 For the purposes of this chapter, the following definitions shall be applicable:
238 (a) "Alcoholic beverages" means beverages containing one-half of one percent or more of 239 alcohol by volume.
240 (b) "Camping" means the occupation of any trailer, mobilehome, camper or other vehicle 241 equipped for human habitation; the erection of any tent or other shelter; or the 242 arrangement of sleeping bags or bedding for the purpose of or which will permit 243 remaining overnight.
244 “Camping" means to occupy or prepare to occupy as exemplified by sleeping or making 245 preparations to sleep, storing personal belongings (including, but not limited to, clothing, 246 sleeping bags, bed rolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, 247 and similar materials), or igniting fires for food or beverage preparation or for warming. 248 Camping may involve the use of a any trailer, mobilehome, camper or other vehicle 249 equipped for human habitation; the erection of any tent or other shelter; or the 250 arrangement of sleeping bags, bedding, bed rolls, blankets, sheets, luggage, backpacks, 251 kitchen utensils, cookware, and similar materials for the purpose of or which will permit 252 remaining overnight.
253 (c) "Overnight" means between the hours of eleven o'clock p.m. of one day and six 254 o'clock a.m. of the following day.
255 (d) "Recreation area" includes all parks, plazas, greenbelts, gardens, lakes and any other 256 property owned by the city, including structures thereon and used, operated or maintained 257 for recreational purposes, whether active or passive. "Owned" means any property 258 interest or arrangement under which the city operates, maintains or controls any such 259 property. The term additionally includes any and all property owned or and maintained as 260 open space.
261 (e) "Vehicle" means a device by which any person or property may be propelled, moved 262 or drawn, including bicycles.
263

9.50.020 - Camping. 264
265 It is unlawful to camp in any recreation area within the city without previously obtaining 266 from the city clerk a permit. Camping shall be permitted only in those areas designed by Yreka City Council
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267 resolution of the city council and pursuant to the terms and conditions as set forth in the 268 resolution.
269

9.50.030 - Fires. 270
271 It is unlawful to build any fire or burn any combustible material within any recreation 272 area except in fireplaces or barbecues constructed and maintained for such use by the 273 city. Nothing in this section shall prohibit the use of a barbecue or similar type of cooking 274 device when used or maintained in such a manner as not to injure or destroy vegetation or 275 constitute a fire hazard, when done consistent with the California Fire Code. 276

9.50.040 - Hours of use of recreation areas. 277
278 The city council may by resolution adopt reasonable rules and regulations setting forth 279 the times that specific designated areas are open to public use. Notwithstanding the 280 foregoing, any and all recreation areas are closed to public use between the hours of 281 eleven p.m. and six a.m.; and it is unlawful for any person to be in a recreation area 282 during such prohibited times. This section shall not be applicable to a person or persons 283 who have obtained a permit from the city clerk pursuant to this chapter, or a resolution 284 adopted pursuant to this chapter.
285

9.50.050 - Consumption of alcoholic beverages. 286
287 It is unlawful to consume alcoholic beverages in any recreation area designated by a 288 resolution adopted by the city council pursuant to this section. A permit may be obtained 289 from the city clerk for the consumption of alcoholic beverages in any such prohibited 290 areas for group activities, and the permit may impose reasonable rules and regulations 291 relating thereto.
292

9.50.060 - Littering. 293
294 It is unlawful for any person within any recreation area to deposit, place, throw or in any 295 manner dispose of any rubbish, trash, garbage, can, bottle, glass, paper or any decaying or 296 putrid matter of any kind whatsoever except in containers provided for such purpose by 297 the city.
298
299
300
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9.50.120 - Rules and regulations. 301
302 In order to promote the safety, comfort and convenience of persons using any park or 303 recreation area, the council may from time to time by resolution adopt rules and 304 regulations not inconsistent with the provisions of this chapter and make the same 305 applicable generally or to a particular park or recreation area or portion thereof. Such 306 rules and regulations may include regulating the speed of vehicles, establishing 307 campsites, parking areas and areas where parking or driving of vehicles is prohibited, 308 areas where certain games or activities are prohibited, and such other rules and 309 regulations as in the opinion of the council are necessary for the safety, comfort and 310 convenience of persons using such park or recreation area. When such rules and 311 regulations have been adopted and signs erected within the park or recreation area or 312 portions thereof affected thereby informing the public of the substance of such rules and 313 regulations, it is unlawful for any person to fail to comply therewith. 314

9.50.130 - Violations. 315
316 Any violation of any provision of this chapter or any resolution adopted pursuant thereto 317 shall constitute an infraction.
318 A violation of any provision of this chapter shall be an infraction; provided, however, for 319 the second or any additional violation, within any one-year period, may be treated as a 320 misdemeanor. The maximum fine for the first violation is: Fifty dollars for the first offense; 321 two hundred dollars for the second offense within one year and each subsequent offense 322 within one year shall be five hundred dollars, and imprisonment not exceeding six months, 323 or by both such fine and imprisonment . The prosecuting attorney may treat any third 324 offense occurring within one year as a misdemeanor. 325
326 Section 3. CEQA Exemption.
327 The City Council hereby finds and determines that the action taken 328 in this Ordinance does not commit the City to any action that may have a 329 significant effect on the environment. Accordingly, under the provisions of 330 § 15061(b)(3) and § 15378(b)(5) of Division 6 of Title 14 of the California 331 Code of Regulations, the CEQA Guidelines, the adoption of this ordinance 332 is not subject to the requirements of the California Environmental Quality 333 Act. The City Council directs City staff to file a Notice of Exemption 334 within five (5) days following adoption of this Ordinance with the Siskiyou 335 County Clerk.

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336 Section 4. Severability. If any section, subsection, part, clause, sentence or 337 phrase of this ordinance or the application thereof is for any reason held to 338 be invalid or unconstitutional by a decision of any court of competent 339 jurisdiction, the validity of the remaining portions of this Ordinance, the 340 application thereof, shall not be effected thereby but shall remain in full 341 force and effect, it being the intention of the City Council to adopt each 342 and every section, subsection, part, clause, sentence phrase regardless of 343 whether any other section, subsection, part, clause, sentence or phrase or 344 the application thereof is held to be invalid or unconstitutional. 345 Section 5. Effective Date. This Ordinance shall take effect thirty days after 346 its passage and adoption pursuant to California Government Code Section 347 36937 and shall supersede any conflicting provision of any City of Yreka 348 ordinance.
349 Section 6. Implementation. The City Council hereby authorizes and directs 350 the City Manager to take any action and sign any documents necessary to 351 implement this Ordinance.
352 Section 7. Certification. The City Clerk shall certify to the passage and 353 adoption of this ordinance and shall cause the same to be published or posted 354 according to law.
355 Section 8. Inconsistencies. Any provisions of the Yreka Municipal Code, or 356 appendices thereto, or any other ordinances of the City inconsistent herewith, 357 to the extent of such inconsistencies and no further, are hereby repealed. 358 Section 9. Codification. The City Clerk is directed and authorized to instruct 359 the publisher of the City of Yreka Municipal Code that codification of this 360 Ordinance is limited to Section 2.
361 Section 10. Execution. The Mayor and City Clerk are authorized to subscribe 362 this ordinance where indicated below to evidence its approval. 363 Introduced at a regular meeting of the City Council held on 364 _______________, 2024 passed, approved by at least a majority and adopted 365 at a regular meeting of the City Council of the City of Yreka held on 366 _______________, 2024 by the following vote:
367
368 AYES:

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369 NOES:
370 ABSTAIN:
371 ABSENT:
372
373 Corey Middleton, Mayor
374 Approved as to Form: Attest:
375
376 Andrew Jared, City Attorney Cyndy Prohaska, City Clerk 377
378
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