Agenda — Yreka City Council, August 20, 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 20, 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.

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 with counsel – pending litigation (Govt C §54956.9(d)(1)) - Miners LLC v. Miner’s Hospitality LLC, et al
- Siskiyou County Case Number 24CV00784
b. Conference with real property negotiator (Govt C §54956.8) - Property: APN 062-031-190-000
- Agency Negotiator: City Manager, Jason Ledbetter
- Negotiating Parties: Nor-Cal Products, Inc.
c. Conference with legal counsel – anticipated litigation (Govt C §54956.9(d)(2)) - Number of cases: 1

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

5. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS: (NONE)
This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.

6. PUBLIC COMMENTS:

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

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

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

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

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

7. CONSENT AGENDA:

All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval/ratification of payments issued from July 27, 2024, through August 10, 2024. b. Approval of Minutes of the Regular Meeting held August 6, 2024. c. Adoption of Resolution 2024-37 Finding Certain City Vehicles and Equipment as Surplus Property and Authorizing Sale by the City Manager.
d. Adoption of Solar Permitting Software in Compliance with Senate Bill 379.

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

8. OLD BUSINESS:

City Manager
a. Agenda Title: Housing Options and Housing Projects for Unhoused Community.

Recommended City Council Action: Discuss the current list of known projects that are completed, or in process, and attempt to provide housing for those living and experiencing homelessness, while providing input on the possibility of future projects.

City Attorney
b. 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 2024-38 of the City Council of the City of Yreka Adopting a Policy for the Notice, Removal and Storage of Personal Property at Encampments.
c. Agenda Title: Second Reading of Ordinance No. 878 Amending Chapter 9.45 “Protection of Schoolchildren, Bus Stops, Critical Infrastructure, and Wildfire Risk Areas” of the Yreka Municipal Yreka City Council
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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 Waive full reading of the Ordinance; and Approve Second Reading of Ordinance No. 878 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”; and Finding such action exempt from the California Environmental Quality Act.

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:

Mayor Middleton
a. Agenda Title: City of Yreka Proclamation United Against Hate Recommended City Council Action: Motion to adopt the City of Yreka Proclamation United Against Hate as presented and Proclaiming September 21-27, 2024, as United Against Hate Week.

Projects Manager
b. Agenda Title: Adopt a Resolution Accepting a Drinking Water State Revolving Funds (DWSRF) Planning Grant in the Amount of $1,517,000 and Authorizing the Finance Director to Allocate these Funds for the South Yreka Water Supply and Distributions Improvements Projects for FY 2024-25.

Recommended City Council Action: Adoption of Resolution 2024-39 of the City Council of the City of Yreka Accepting a Drinking Water State Revolving Funds (DWSRF) Grant in the Amount of $1,517,000 and Authorizing the Finance Director to Allocate These Funds for the South Yreka Water Supply and Distribution Improvement Project for FY 2024-25.

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.

Yreka City Council
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13. ADJOURNMENT:

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

Public Hearings: If you wish to challenge in court any of the matters on an agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Any person seeking to challenge a City Council decision made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.”
"CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of Yreka is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing. If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Yreka, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies." The City of Yreka does not discriminate on the basis of race, color, national origin, religion, age, gender, sexual orientation, disability, or any other legally protected classes in employment or provision of services. In compliance with the Americans with Disabilities Act, those requiring accommodations for this meeting should notify the City Clerk 48 hours prior to the meeting at (530) 841-2386 or by notifying the Clerk at [email protected].

AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA)

COUNTY OF SISKIYOU) SS

CITY OF YREKA)
I, 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 16, 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
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YREKA CITY COUNCIL MEETING MINUTES
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.

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

1. CALL TO ORDER:

The meeting was called to order at 5:33 pm.

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.

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 20, 2024

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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. • 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.

No public comment was received.

3. CLOSED SESSION:

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

The meeting was called to order at 6:33 pm.

There was no reportable action in closed session.

Motion to Re-Order Agenda to Allow Items 10.a and 10.b to be heard first.

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

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 ** Prior to public comment being heard, Mayor Middleton made note that Duane Kegg left at the break (8:33 pm) due to a family emergency. **
Yreka City Council
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6. PUBLIC COMMENTS:

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

This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Agenda. If your comments concern an item listed under the Public Hearing or New Business sections of the Agenda, please address the Council when that item is open for public comment.
• Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.

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

Public comment was received by: Dawnmarie Autry and Michael Kobseff

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. Approve the Appointment of Clinton E. Carson to the Yreka Fire Department. b. Approval/ratification of payments issued from July 8, 2024, through July 26, 2024. c. Approval of Minutes of the Regular Meeting held July 16, 2024. d. Authorize Modification of Standard Terms for Agreement for Services Between the City of Yreka and Q Consulting Group.
e. Authorize the City Manager to Sign Letter of Authorization for the Household Hazardous Waste Grant Program.

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

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Motion to Adopt the Consent Agenda items 7a, 7b, 7c, and 7e of the City Council of the City of Yreka as presented.

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

Motion to Approve Consent Agenda item 7d of the City Council of the City of Yreka as presented.

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

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 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.

No public comment was received.

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Motion to 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.

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

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.

Public comment was received by: Steve Radford and Jerry Stacher Item 10.a removed from agenda with a request that the item be brought back to the next City Council meeting because of missing policy item in agenda packet. 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 CODE 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.

Public comment received by: Dawnmarie Autry, Lorenzo Love, Louise Gliatto, Debbie Scott, Scott Taylor, Rico Harris, Ken Barnes, Tara Kilcollins, and Steve Radford 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 CODE 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.

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MOTIONED: Councilmember Davis
SECOND: Councilmember Kegg
AYES: Councilmember Middleton, Davis, Baker & Kegg
NO’s: Councilmember McCoy
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 Davis: Gave an update on Fire Safe Council.

Councilmember McCoy requested the following be added to the next agenda: “Discussion and development of a comprehensive plan to decide what the homeless plan is via the new ordinance”.

Councilmember Middleton: Gave an update.

13. ADJOURNMENT:

The meeting adjourned at 9:22 pm.
____________________________
Corey Middleton, Mayor
Minutes approved by City Council
Motion on August 6, 2024
__________________________
Cyndy Prohaska, City Clerk
Yreka City Council
August 20, 2024

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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
Prepared by: Matthew Bray, Director of Public Works/Ben Miller, Maint. & Op. Manager Agenda title: Discussion/Possible Action – Adoption of a Resolution Approving the Sale of Surplus Property through Bid-Cal Auctions
Meeting date: August 20, 2024
Discussion:

The Director of Public Works, in cooperation with the Maintenance and Operations Manager, recommends the sale of the vehicles and equipment listed on the attached resolution due to the age of equipment, replacement and parts not being available.

Fiscal Impact:

The sale of these vehicles, equipment and miscellaneous items will bring revenue to the City. The exact amount is unknown, at this time.

Recommendation and Requested Action:

That the Council:

Adopt the attached Resolution finding certain vehicles and equipment as surplus property and authorizing the sale by the City Manager.

Attachments: 2024 Auction List
Jason Ledbetter, City Manager Page 1 of 2
Yreka City Council
August 20, 2024

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2024 AUCTION LIST

VEHICLES & EQUIPMENT
# YEAR MAKE MODEL VIN / SERIAL #
274 2013 FORD EXPLORER AWD POLICE

INTERCEPTOR
1FM5K8AR3D6B59129
275 2014 FORD EXPLORER AWD POLICE

INTERCEPTOR
1FM5K8AR8EGB85534
312 1991 CHEVROLET K-1500 4X4 1GCEK14H1MZ212980
319 1995 FORD F-150XL 2FTEF15H4SCA48346
324 1995 FORD F-150XL 2FTEF15H0SCA62082
329 1996 BEARCAT CRACK SEALER 21896
386 1980 JOHN DEERE FRONT END LOADER 544-B 324362T
391 2002 GEM NEV ELECTRIC CAR 5ASAG27472F021136
804 1996 TARGET MINI CON II SAW 227392
808 1972 HERCULES ILI 55kw GEN. SET 55LPG34/MA3319060
818 1973 WACKER VIBRATORY COMPACTOR 40004214
880 2013 HUSQVARNA 14" K970 CUT OFF SAW 201350000367

MISCELLANEOUS ITEMS

QTY DESCRIPTION QTY DESCRIPTION
1 TRUCK BED DOG TRANSPORT KENNEL 1 CLASS III FORD TRUCK HITCH RECEIVER 1 PAINT MACHINE / LINE STRIPER 44 TIRES
1 CAMERA SEWER JETTING SYSTEM
(COMPUTER/HOSE/CAMERA)
22 RIMS
1 2-TON YALE KEL2-10LG71/2S2 CHAIN
HOIST
1 4" DOUBLE CHECK VALVE ASSEMBLY
1 CANNON COPIER (BLACK AND WHITE)

AND FINISHER
1 COMMERCIAL TIRE CAGE
1 L-SHAPED DESK WITH STORAGE HUTCH 1 PORTACOOL EVAPORATIVE COOLER 9 VERTICAL 4-DRAWER FILE CABINETS

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Yreka City Council
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RESOLUTION NO 2024-37

RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF YREKA FINDING CERTAIN CITY VEHICLES AND EQUIPMENT AS

SURPLUS PROPERTY AND AUTHORIZING SALE BY THE CITY MANAGER WHEREAS, the City Manager has requested that certain City vehicles and equipment be declared surplus property for possible sale or disposal, as they are no longer needed and/or are not economically repairable due to age, condition, and the availability of parts; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Yreka that the following City owned vehicles and equipment are surplus property; and the City Manager is hereby authorized to sell or dispose of this property in such manner and for such price as he shall determine:
# YEAR MAKE MODEL VIN / SERIAL #
274 2013 FORD EXPLORER AWD POLICE

INTERCEPTOR
1FM5K8AR3D6B59129
275 2014 FORD EXPLORER AWD POLICE

QTY DESCRIPTION QTY DESCRIPTION
1 TRUCK BED DOG TRANSPORT
KENNEL
1 CLASS III FORD TRUCK HITCH

RECEIVER
1 PAINT MACHINE / LINE STRIPER 44 TIRES
1 CAMERA SEWER JETTING SYSTEM
(COMPUTER/HOSE/CAMERA)
22 RIMS
1 2-TON YALE KEL2-10LG71/2S2 CHAIN
HOIST
1 4" DOUBLE CHECK VALVE ASSEMBLY
1 CANNON COPIER (BLACK AND

WHITE) AND FINISHER
1 COMMERCIAL TIRE CAGE
1 L-SHAPED DESK WITH STORAGE
HUTCH
1 PORTACOOL EVAPORATIVE COOLER
9 VERTICAL 4-DRAWER FILE CABINETS
Yreka City Council
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The City Council hereby expressly determines that said vehicles and equipment are no longer required and that the same have no historical value.

Passed and adopted this 20th day of August 2024 by the following vote:

AYES:

NOES:

ABSENT:

Corey Middleton, Mayor
ATTEST:

Cyndy Prohaska, City Clerk
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CITY OF YREKA

AGENDA MEMORANDUM
Prepared by: Alia Roca Lezra
Agenda Title: Adoption of Solar Permitting Software in Compliance with Senate Bill 379
Meeting date: August 20th, 2024
Summary/Background:

Senate Bill 379 (Wiener, 2022) requires most cities and counties in California to set up an online system for issuing permits for residential solar energy and energy storage systems. This system must:

1. Automatically check that solar and storage systems meet building codes.

2. Allow permits to be approved immediately online, in real time.

This bill applies to:

1. Residential solar systems up to 38.4 kilowatts in size.

2. Residential energy storage systems that are paired with a solar system up to 38.4 kilowatts in size.

For non-exempt cities with fewer than 50,000 people, the online permitting system must be in place by September 30, 2024.

Project Description:

The California Energy Commission website cites two online permitting software that comply with the requirements of SB 379: SolarAPP+ and Symbium. City staff conducted background research on the software, attended online demonstrations for each, and talked to company staff to clarify functionalities and processes.

Findings:

Both permitting platforms meet the requirements of SB 379 and offer an intuitive online interface for both solar contractors and City staff. Both platforms require the solar contractor to pay a $25 fee in addition to the City’s solar permit fee requirements. The $25 fee administered to the applicant allows the City to adopt the software at no cost.

SolarAPP+ uses a standardized method for solar permit processing, while Symbium adopts a configurable approach. The standardized method is preconfigured and streamlined, while the configurable method can adapt to diverse permitting processes and local regulations. Symbium’s configurable method can also accommodate other types of permits through its online permitting interface. These could be residential reroof, plumbing, electric, or other simple permits. The option to Yreka City Council
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add these additional permits would align with the Planning and Building Departments’ objective to transition to full online permitting in the coming months.

Staff Recommendation:

City staff recommend the adoption of Symbium given its SB 379 compliance, its adaptive capability, and its ability to incorporate additional online permits at no cost to the City.

Fiscal Impact:

None. Symbium administers a $25 fee to the applicant, in addition to the City’s residential solar permitting fee, which allows the service to be offered to the City at no cost. The $25 fee will be presented at the next regularly scheduled City Council meeting with a recommendation to adopt the fee into the City’s Master Fee Schedule.

Recommended Action: Motion to Direct the City Manager to AuthorizeAdoption of Symbium’s Automatic Solar Permitting Software in Compliance With Senate Bill 379.

Attachments:

A. Symbium Master Licensing Agreement
B. Symbium Statement of Qualification
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SYMBIUM MASTER LICENSING AGREEMENT
This Master Licensing Agreement (the “Agreement”) is by and between Symbium Corp., with business offices located at 912 Cole St., #375 San Francisco, CA 94117, (“Symbium”), and the City of Yreka with business offices located at 701 Fourth Street, Yreka, CA 96097 (the “Licensee”). This Agreement shall be effective on the last signature date provided on the signature block hereto (“Effective Date”). Each of Symbium and Licensee is a “Party” and together they are the “Parties”.

WHEREAS, Symbium has developed and maintains a range of cloud-based software-as-a-service (“SaaS”) solutions to streamline certain planning, zoning, building, permitting, or other government-facing and constituent-facing processes.

Symbium provides Services under the trade names identified in an applicable Order and as described on Symbium’s Site.

WHEREAS, Symbium agrees to provide Services to Licensee pursuant to the terms and conditions of this Agreement.

NOW, THEREFORE, the Parties hereto, for good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, and intending to be legally bound, hereby agree as follows:

1. DEFINITIONS
In addition to the capitalized terms defined throughout this Agreement, the following terms when used herein shall have the respective meanings assigned to them below:

1.1. “Affiliate”, with respect to either Party, shall mean any entity, including and without limitation, any individual, corporation, company, partnership, limited liability company, or group, that directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with such Party. Any references to Licensee herein shall also include reference to Licensee Affiliates.

1.2. “API” shall mean application programming interface, which shall enable Symbium to either read from and/or write into a third-party application.

1.3. “End-User” shall mean any individual who is authorized to use the Services.

1.4. “Licensee Data” shall mean any data, excluding Symbium Data, that is collected, used, maintained, processed, stored, or generated exclusively by or on behalf of Licensee.

1.5. “Licensee Services” shall mean Licensee’s open data services, GIS services, and APIs with which the Solutions communicate in order to correctly perform the intended functionality.

1.6. “Order” shall mean either: (i) any specific sales quotations or orders as agreed to in writing and signed by the Parties from time to time; or (ii) as set forth in the applicable Symbium payment summary screen. Each Order is hereby incorporated by reference into this Agreement as Exhibit “A” and shall be numbered sequentially as Exhibit A-1; A-2; A3 and so on. If there are any inconsistencies or conflicts between this Agreement and an Order, the inconsistent or conflicting terms of the Order shall govern.

1.7. “Professional Services” shall mean any live support, consulting, training, or development services or other services as specifically described and priced in the applicable Order.

1.8. “Service Description” shall mean any description of Symbium’s Services that are advertised on Symbium’s Site or in the applicable Order, Symbium’s knowledge base, applicable operator and user manuals or guides, designs, technical reference manuals, flow diagrams, file descriptions, Service descriptions found on the Symbium site, and any other written materials pertaining to the use of the Solutions.

1.9. “Services” shall mean the Solutions and the Site, which are provided to Licensee by Symbium pursuant to the terms of this Agreement.

1.10. “Site” shall mean the Symbium website, located at www.symbium.com.

Attachment A
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1.11. “Solutions” shall mean the cloud-based SaaS web applications, which are identified in the applicable Order, along with all associated updates.

1.12. “Solution Updates” shall mean any Solution-specific version updates that are deployed to ensure the functionality of the Solutions in accordance with the Services Descriptions. Solution Updates shall exclude additional or new Solutions, even if such additional or new Solutions contain similar functionality as other Solutions.

1.13. “Support” shall mean the email support services provided by Symbium to Licensee during the Term.

1.14. “Symbium Data” shall mean any electronic data and publicly accessible or available data and shall include all computable laws and regulations that are embedded in the Solutions but shall exclude Licensee Data.

1.15. “Symbium Integrations” shall mean any additional SaaS solutions that Symbium develops and deploys, which may be integrated into or linked from the Solutions.

1.16. “Third-Party Services” shall mean any third-party products or services, including but not limited to, software or materials incorporated into or provided as part of the Solutions or software that Symbium integrates into via an available API.

1.17. “Transaction Services” shall mean the public-facing permitting and incentives Services offered by Symbium.

2. SERVICES

2.1. Orders. Symbium shall provide the Services in accordance with the applicable Order.

2.2. Changes. No change to the Order shall be implemented unless it has been approved in writing signed by an authorized representative of each Party (each, a “Change Order Amendment”). Upon Licensee’s and Symbium’s execution of the Change Order Amendment, the Change Order Amendment shall be incorporated into and become part of the applicable Order.

3. LICENSE

3.1. License Grant. Subject to the terms and conditions of this Agreement, Symbium hereby grants Licensee a nonexclusive, nontransferable, worldwide license (“License”) during the Term to access and use the Solutions. Symbium reserves all rights not expressly granted to Licensee. The License granted to Licensee pursuant to this Agreement will permit use of the Solutions that are set forth in the Order. Any Licensee Affiliate may also add additional Services under this Agreement via a new Order. LICENSEE SHALL BE RESPONSIBLE FOR THE FAILURE OF ANY LICENSEE AFFILIATE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.

3.2. Usage Restrictions. Except as permitted by this Agreement, the Solutions may not be decompiled, reverse engineered, disassembled, transferred, distributed in an unauthorized manner, resold, sublicensed, or used to create any derivative works. Licensees may not use any software (including network monitoring or discovery software) to determine the Site’s or Service’s architecture, or extract information about usage or individual identities of users. Licensee may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Services or any parts thereof. Except as expressly permitted in this Agreement, Licensee may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Services in any way; (ii) modify or make derivative works based upon the Services; (iii) "frame" or "mirror" any Solutions on any other server or wireless or Internet-based device. Licensee may use the Solutions only for its intended purposes and shall not: (i) send spam or otherwise excessive, duplicative, or unsolicited messages; (ii) send, store, or transmit any infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or material in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (v) attempt to gain unauthorized access to the Services or its related systems or networks; or (vi) permit direct or indirect access to or use of any Service in a way that circumvents a contractual usage limit.

3.3. Third-Party Services. In the event that Symbium agrees to certain integrations to Third-Party Services, Licensee shall secure the necessary permissions, when applicable, for Symbium to perform its mutually agreed-upon tasks.

Symbium is not responsible for any modification, loss, usage, disclosure, transmission, or deletion of any Licensee Data resulting from its access to a Third-Party Service or any outputs generated by the Solutions for uploading into Third-Party Yreka City Council
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Services. Licensee shall be responsible for all third-party costs resulting from its requested integrations with any ThirdParty Service. In the event that Licensee wishes to use a Symbium-developed API, Symbium cannot warrant or guarantee that a Third-Party Service will continue to make access available to Symbium via such API.

4. PROFESSIONAL SERVICES

4.1. Professional Services. As mutually agreed by the Parties, and in conjunction with the Services, Symbium may perform certain Professional Services, which may include certain implementation, training, or other expert services.

Such Professional Services shall be provided for a separate fee, which will be specified in an applicable Order in accordance with the terms and conditions of this Agreement. Such Professional Services shall be provided in a manner that is consistent with applicable industry standards, and if such standards are not met (with a reasonable opportunity to cure following written notice from Licensee), Licensee’s sole remedy shall be the re-performance of such Professional Services.

5. SUPPORT

5.1. Support. Symbium will provide Support during the Term of this Agreement as set forth in the Order. Any Support requests should be directed to the following: [email protected].

6. LICENSEE OBLIGATIONS FOR CONFIGURED OR IMPLEMENTED SERVICES Where Symbium is configuring or implementing Services for Licensee, the following shall apply:

6.1. Designation of Licensee Project Manager. Licensee shall designate a project manager who shall be accessible by email throughout the Term of the Agreement and shall provide reasonably prompt responses to Symbium’s requests and communications.

6.2. Testing Period and Feedback. Licensee will be provided with an opportunity to provide feedback and request functional changes to the Solutions prior to public launch. Symbium shall also perform any requested bug fixes during this period and on an ongoing basis.

6.3. Hosting Link to Solutions. Upon the public launch of any public-facing Solutions that are configured or implemented for Licensee, Licensee shall place a prominent link and dedicated landing page to such Solutions on its public-facing website at the location where End-Users would normally visit for information on related services. This link and landing page shall be maintained by Licensee during the Term of the Agreement with support from Symbium.

6.4. Notification of Changes. Where Solutions are configured using laws or regulations provided by Licensee, Licensee shall cooperate with Symbium to help identify the publicly accessible online publications of those regulations and Symbium shall then establish a protocol to ensure timely notifications of changes to the regulations underlying the applicable Solutions and the data provided by the applicable Third-Party Services. In the absence of publicly accessible regulations that are published online, Licensee shall notify Symbium in writing (email is sufficient) of such changes.

7. PROPRIETARY RIGHTS

7.1. Symbium Properties. The Services and any underlying platform technology (“Symbium IP”) are owned or licensed by Symbium and protected by U.S. and international copyright, trademark, service mark, trade secret, patent and/or other proprietary rights and laws. All Solutions shall be hosted on Symbium’s designated servers at all times and Symbium will retain control over all user experience or user interface design of Solutions. Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring to Licensee any license or right under copyright or other intellectual property right law. No part of the Symbium IP may be altered, copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, except as specifically provided in this Agreement. Licensee shall not take any action that shall interfere with or diminish Symbium’s right in any of the Symbium IP. Symbium shall retain ownership and title of any Solutions that it creates, even if created on a custom basis for Licensee.

7.2. Licensee Data and Symbium Data. As between Symbium and Licensee, Licensee shall, at all times, own or obtain the appropriate permissions to use the Licensee Data and shall be responsible for the accuracy and adequacy of any and all Licensee Data as well as establishing any required legal terms and conditions prior to the use of any Licensee Yreka City Council
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Data. Licensee shall obtain all prior consents, internally or from relevant third parties, prior to uploading and using any Licensee Data to the Solutions. Licensee grants to Symbium a non-exclusive, royalty-free, worldwide license during the Term to access and use the Licensee Data for the purpose of delivering the Services, which may include the aggregation of such data in an anonymized manner for benchmarking and other purposes. Symbium’s right to use Symbium Data shall be governed by its own policies, including its Privacy Policy, available at https://symbium.com/privacy (“Privacy Policy”).

7.3. Symbium Integrations. Nothing shall prevent Symbium from developing and deploying Symbium Integrations, which Symbium may do at any time in its sole discretion. Symbium Integrations shall not diminish or degrade the functionality of the Solutions in the applicable Order at any time.

7.4. License to Use Feedback. Licensee grants to Symbium an irrevocable, royalty-free, worldwide license of unlimited duration to use, modify, and incorporate into the Services any feedback, suggestions, requests, or recommendations relating to the Services.

7.5. Usage Data. Licensee grants to Symbium an irrevocable, royalty-free, worldwide license of unlimited duration to use, modify, and incorporate into its own support offering, product development, operational plans, and sales or marketing materials, any anonymous usage data acquired from Licensee’s account and use of the Solutions.

7.6. References to Licensee / Press Release. Upon execution of this Agreement, Symbium may make references to Licensee and Licensee’s URL and may use Licensee’s designated trademark and logo for the limited purpose of publishing it on Symbium’s current list of Licensees located on the Symbium Site. Symbium may also respond to any inquiry regarding whether Licensee is a licensee and user of the Services. Additionally, upon execution of this Agreement, each Party may issue a press release announcing the Parties’ relationship under this Agreement.

8. FEES AND PAYMENTS

8.1. Fees. Symbium shall charge either Licensee or End-Users, as applicable, for the Services provided by Symbium hereunder as specified in the applicable Order.

8.2. Payment Methods. Symbium accepts payments for its Services from Licensee via check or electronic funds transfer and will cooperate, in good faith, to accommodate Licensee’s preference in either case. Payments for Transaction Services by End-Users shall be made by credit card.

8.3. Payment Terms. All pricing and payments are and shall be in U.S. dollars.

8.3.1. With respect to fees charged to Licensee, Licensee shall pay each invoice as stated in the Order or, if no due date is stated, within 30 days of receipt unless it has a bona fide dispute with respect to payment of such invoice or portion thereof. If there is a bona fide dispute regarding any invoice rendered or amount paid, the disputing Party shall notify the other by written notice thereof, and the Parties shall use their best efforts to resolve such dispute expeditiously. If an aggrieved Party notifies the other in writing of a disputed invoice or payment, and there is a good faith basis for such dispute, the time for paying the portion of the invoice in dispute shall be extended by a period of time equal to the time between receipt of such notice and the resolution of such dispute. Undisputed portions of any invoice shall be paid as stated above.

8.3.2. Symbium’s fees to End-Users for Transaction Services shall be inclusive of Symbium’s Service fees (E.g., a per-permit fee), as stated in the applicable Order, in addition to all fees that would otherwise be payable directly to Licensee by End-User (E.g., government fees).

8.4. Payment Processing Fees. Fees charged to End-Users for Symbium’s Transaction Services are nonrefundable. As between Symbium and Licensee, Symbium shall assume any credit card fees charged by Symbium’s thirdparty payment processors for Transaction Services that are processed on Symbium. As applicable, Symbium may pass through to End-Users any credit card processing fees charged by either of Symbium’s or Licensee’s payment processor (I.e., in cases where the Licensee charges $100 + $5 credit card processing fee for a total of $105, Symbium may pass through the $5 additional Licensee processing fee directly to the End-User.).

8.5. Taxes. Licensee shall be financially responsible for all sales or services taxes that are assessed on the provision of the Services to Licensee, excluding any withholding or export taxes or taxes based upon Symbium’s income.

To the extent Symbium is required to collect such taxes under applicable Law, Symbium, to the extent legally or otherwise required, shall separately state the amount of tax due on its invoices to Licensee. Licensee and Symbium shall cooperate to segregate the fees into: (i) those for taxable Services and (ii) those for nontaxable Services. The Parties shall reasonably cooperate with each other to more accurately determine each Party’s tax liability and to minimize such liability, to the Yreka City Council
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extent legally permissible. In addition, Symbium shall provide and make available to Licensee any information regarding the computation of any such taxes as reasonably requested by Licensee. Symbium shall not pay any taxes based on the Services that Licensee and Symbium disagree on as to whether a tax is due without affording Licensee a reasonable amount of time after being called upon by the taxing authority to pay such tax to dispute the payment of such tax, at Licensee’s expense, in the appropriate legal forum.

9. CONFIDENTIALITY

9.1. Confidentiality. Except as set forth in Sections 9.2 and 9.3, as applicable, Each Party agrees to maintain the confidentiality of the other Party’s Confidential Information as defined herein. “Confidential Information” means all information concerning a Party’s business not generally known to the public, whether or not marked as confidential. By way of illustration only, Confidential Information may include Licensee Data, trade secrets, know-how, inventions, contractual disclosures, techniques, processes, algorithms, software programs, schematics, software source documents, contracts, customer lists, financial information, sales and marketing plans, information and business plans and other proprietary information, whether or not such information is marked as confidential. Confidential Information shall not include, even if it is marked as such, information that: (i) is already known to the receiving Party at the time of disclosure, which knowledge the receiving Party shall have the burden of proving; (ii) is, or, through no act or failure to act of the receiving Party, becomes publicly known; (iii) is readily observable and / or duplicable by the public; (iv) is legally received by receiving Party from a third party without restriction on disclosure; (v) is independently developed by receiving Party without reference to the Confidential Information of the disclosing Party; or (vi) is approved for release by written authorization of the disclosing Party. In maintaining the confidentiality of the other Party’s Confidential Information, each Party shall use at least the same standard that Party uses for its own confidential information of similar type, and shall take necessary precautions not to disclose such information to any person except its officers, employees or subcontractors, who have a need to know in order to comply with the obligations of this Agreement. Each Party’s officers, employees, and subcontractors shall be bound by the terms of this Section or a similar written agreement with terms no less protective of either Party’s Confidential Information than this Agreement. Each Party acknowledges that any actual or threatened violation of this Section may cause irreparable, non-monetary injury to the disclosing Party, the extent of which may be difficult to ascertain, and therefore agrees that the disclosing Party shall be entitled to seek injunctive relief in addition to all other remedies available at law and/or in equity. Nothing in this Section shall prohibit Symbium from disseminating aggregated information that contains no Confidential Information of Licensee.

9.2. Public Agency Exceptions and CPRA. This Section 9.2 shall apply to any Licensee that is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”) or substantially similar requirements (the “Public Agency Exceptions”). Notwithstanding any other obligations set forth in Section 9, Licensee is not obligated to act in any way that is contrary to any requirements under the CPRA or Public Agency Exceptions. Symbium shall identify information that is protected under the CPRA or Public Agency Exceptions and shall clearly mark such information as “CONFIDENTIAL AND PROPRIETARY”, including identification of the specific lines containing such confidential and proprietary information subject to nondisclosure. In the event of a request for such information, Licensee will provide written notice to Symbium prior to such disclosure. For information that Symbium wishes to protect from public disclosure, Symbium must obtain a protective order, injunctive relief or other appropriate remedy from a court of law in either San Francisco County or the Licensee’s County before the Licensee is required to respond to the CPRA request. If Symbium fails to obtain such remedy within the time the Licensee is required to respond to the CPRA or Public Agency Exceptions request, Licensee may disclose the requested information.

9.3. Cooperation. In the event of any unauthorized use or disclosure or loss of any Confidential Information of the disclosing Party, the receiving Party shall promptly, at its own expense: (i) notify the disclosing Party in writing; (ii) take such actions as may be necessary or reasonably requested by the disclosing Party to minimize the violation or the damage resulting therefrom; and (iii) cooperate in all reasonable respects with the disclosing Party to minimize the violation and any damage resulting therefrom.

9.4. Limitation. Notwithstanding the provisions of this Section, Symbium may disclose Licensee’s Confidential Information, which includes personally identifying information and End-user activity: (i) in accordance with a judicial or other governmental subpoena, warrant or order; provided that Symbium shall comply with any applicable protective order or equivalent and, unless prohibited by law, Symbium will employ commercially reasonable efforts to provide Licensee with prior written notice, so that Licensee has an opportunity to intervene at its own expense and to protect the confidentiality of its information; (ii) to law enforcement officials and regulators if it reasonably suspects unlawful activity; and (iii) to other Parties that are identified by Licensee for that purpose.

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10. REPRESENTATIONS AND WARRANTIES

10.1. Power and Authorization. Each Party hereby represents, warrants, and covenants to the other Party that (i) it is duly organized, validly existing and in good standing under the Laws of the state of its domicile and is in good standing in each other jurisdiction in which such qualification is required by Law; (ii) it has power and authority to transact the business it transacts and proposes to transact and to execute and deliver this Agreement and to perform the obligations under this Agreement, and (iii) its entry into this Agreement does not violate or constitute a breach of any agreement to which it is a Party or otherwise bound.

10.2. Compliance with Law. Each Party hereby represents, warrants, and covenants to the other Party that in performing its obligations and exercising its rights under this Agreement, it will comply (and shall require all of its personnel providing Services hereunder to comply) with all applicable Laws.

10.3. By Licensee. Licensee hereby represents, warrants, and covenants to Symbium that: (i) it has obtained all the appropriate consents required by law to ensure that Licensee and Symbium have the right to use the Licensee Data in association with the Services and, if applicable, as described in Symbium’s Privacy Policy; and (ii) it will not use the Service to collect, upload, retrieve, transmit, send, and/or store any sensitive personally identifiable information in violation of any applicable laws. Symbium reserves the right to delete any Licensee Data that is in violation of any terms in this Agreement or of any applicable laws.

10.4. Disclaimer of Additional Warranties. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, UNLESS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, SYMBIUM

EXPRESSLY DISCLAIMS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SYMBIUM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT FUTURE PRODUCT FEATURES OR FUNCTIONALITY.

11. INDEMNITIES

11.1. General Indemnities. Each Party (“Indemnifying Party”) shall defend, indemnify and hold the other Party (“Indemnified Party”) and its Affiliates and their respective officers, directors, employees, agents, contractors, successors, and assigns harmless from and against any and all damages, losses, fines, penalties, costs, and other amounts (including reasonable attorney’s fees and expenses) (collectively, “Losses”) arising from or in connection with any actual judicial causes of actions by third parties (each a “Claim”) to the extent such Claim is based on or arises from or relates to (i) any breach or default of any provision of this Agreement by the Indemnifying Party; or (ii) negligent or intentional acts or omissions caused by the Indemnifying Party or its Affiliates and their respective officers, directors, employees, agents, contractors, successors and assigns. Further, Licensee shall defend, indemnify, and hold Symbium harmless from any Losses arising from or in connection with any Claims to the extent that such Claim is based on or arises from or relates to Licensee’s misappropriation or misuse of any Licensee Data or any of Licensee’s obligations to third parties relating to such Licensee Data. Notwithstanding any Symbium obligations to indemnify Licensee in this Agreement, any indemnification by Symbium shall be limited to the actual amount covered by Symbium’s insurance for that particular Claim.

11.2. Indemnification Procedure. Each Indemnified Party shall provide the Indemnifying Party with prompt written Notice of any Claim for which the Indemnified Party is seeking or may seek indemnification hereunder (provided that the failure of the Indemnified Party to promptly notify the indemnifying Party hereunder shall not relieve the Indemnifying Party of any liability with respect to the Claim, except to the extent the Indemnifying Party demonstrates that the defense of the Claim is prejudiced by such failure). The Indemnified Party shall provide reasonable cooperation (at the Indemnifying Party’s expense) and retain full authority to defend or settle the Claim. The Indemnifying Party shall keep the Indemnified Party fully informed concerning the status of any litigation, negotiations or settlements of any such Claim. The Indemnified Party shall be entitled, at its own expense, to participate in any such litigation, negotiations and settlements with counsel of its own choosing. The Indemnifying Party shall not have the right to settle any Claim if such settlement arises from or is part of any criminal action or proceeding, or contains a stipulation to, or an admission or acknowledgement of, any wrongdoing (whether in tort or otherwise) on the part of the Indemnified Party without the prior written consent of such Indemnified Party.

12. LIMITATION OF LIABILITY

12.1. THE LIABILITY OF SYMBIUM AND LICENSEE TO EACH OTHER FOR ANY AND ALL

CAUSE(S) OF ACTION, REGARDLESS OF THE FORM OF ACTION (INCLUDING CONTRACT, TORT,

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OF THIS AGREEMENT WILL IN NO EVENT EXCEED THE AVERAGE MONTHLY FEES CONVERTED TO AN ANNUALIZED BASIS. LICENSEE ACKNOWLEDGES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 12.1

IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL

LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF SYMBIUM WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. SYMBIUM HAS RELIED ON

THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE LICENSEE WITH THE RIGHTS TO ACCESS AND USE THE SERVICES PURSUANT TO THIS AGREEMENT.

12.2. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR

ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR DAMAGES FROM

LOST PROFITS, LOST USE, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,

WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN

CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3. NOTWITHSTANDING THE FOREGOING, SECTION 12.1 AND SECTION 12.2 WILL NOT APPLY TO: (I) CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR CRIMINAL ACTS OR OMISSIONS; (II) BREACH OF CONFIDENTIALITY OR INTELLECTUAL PROPERTY; (III) ANY THIRD PARTY CLAIMS SUBJECT TO THE INDEMNIFICATION PROVISIONS OF THIS AGREEMENT; OR (IV) THE BREACH BY EITHER PARTY OF THEIR REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 10.

13. COOPERATION

13.1. Cooperation. Each Party shall inform the other Party of any legal claims, demands or complaints brought:
(i) by a third party relating to the Services or products provided by Symbium to Licensee under this Agreement; or (ii) to any regulatory body relating to this Agreement or anything acquired hereunder. The Parties shall cooperate with each other with respect to the resolution of such complaints. For the avoidance of doubt, the Party against whom the complaint was made shall control the response to any regulatory body, if any, with respect to any such complaint.

14. TERM AND TERMINATION

14.1. Term. The initial term of this Agreement shall be as set forth in the applicable Order (“Initial Term”) and shall thereafter be renewed by the Parties for recurring one (1) year periods (“Subsequent Term”) unless either Party provides the other Party with at least thirty (30) days prior written notice of termination or intention not to renew prior to the commencement of the next annual period. The Initial Term and Subsequent Term may collectively be referred to as the “Term”.

14.2. Termination for Breach. Either Party may terminate this Agreement upon written notice to the other Party if such other Party commits a material breach of this Agreement and does not cure such breach within fifteen (15) days following its receipt of notice thereof from the terminating Party. No refunds shall be issued to Licensee in the event of termination under this Section 14.2 by Symbium for an uncured material breach by Licensee. Symbium shall issue a prorated refund of prepaid but unused fees to Licensee in the event that Licensee terminates this Agreement under this Section 14.2 for an uncured material breach by Symbium. “Material breaches” include: (i) failure by Symbium to deliver the Services as agreed under this Agreement; (ii) any breach of Section 7 (Proprietary Information); (iii) any failure by Licensee to pay fees when due; (iii) or any breaches by either Party of Sections 3 (License), 9 (Confidentiality), 10 (Representations and Warranties), 11 (Indemnities), or 13 (Cooperation). Any termination of this Agreement will automatically terminate any incorporated Orders.

14.3. Suspension of Services. Any unauthorized access, use of passwords or Services, or other abuse or impermissible activity on Symbium’s Site or in connection with Symbium’s Services may result in immediate suspension of access to certain Solutions or termination of this Agreement with no refund and without limitation of any other available legal remedies. Symbium may suspend Licensee’s access to any Services until all overdue payments are paid in full.

Delinquent invoices are subject to interest of one percent (1.0%) per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Licensee will continue to be charged for the remainder of the term for any delinquent accounts. Licensee acknowledges and agrees that, unless otherwise required in this Agreement, Symbium has no obligation to retain any data on behalf of Licensee and that such data, if any, may be irretrievably deleted upon termination of this Agreement.

14.4. Remedies Not Limiting. The remedies provided in this Section 14 are in no way limiting of one another or of any other rights and remedies granted to either Party under this Agreement. Symbium may choose to, but is not Yreka City Council
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required to, place Licensee’s account on suspension in lieu of termination where termination is permitted under the terms of this Agreement or take other appropriate action.

15. MISCELLANEOUS

15.1. Notices. Any demand, notice, or other communication required or permitted hereunder shall be effective if in writing and either sent by trackable courier or email to the recipients listed in the Order. Notices by courier shall be effective upon proof of delivery by either Party. Email notices shall be effective upon confirmation of receipt by the receiving Party. Either Party may change its notice address by providing the other Party with notice of the change in the same manner required in this Section 15.1.

15.2. Assignment; Binding Effect. Neither Party shall assign or transfer this Agreement nor delegate any of its rights or obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, upon written notice to Licensee, Symbium may assign this Agreement to the surviving entity in a merger or consolidation in which it participates or to a purchaser of all or substantially all of its assets.

Any assignment, transfer or delegation of rights or obligations hereunder in contravention of this Section shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of and be enforceable by the Parties to this Agreement and their respective successors and permitted assigns.

15.3. Dispute Resolution; Equitable Relief. The Parties agree that, in the event of a dispute or alleged breach, they shall first work together in good faith to resolve the matter internally through negotiations and, if necessary, by escalating it to higher levels of management. The foregoing shall not apply to, and shall not prevent a Party from seeking immediate relief in the event of, disputes involving the confidentiality or data protection provisions of this Agreement or infringement of intellectual property rights (in which case either Party shall be free to seek available remedies in a court of competent jurisdiction in accordance with the Governing Law Section of this Agreement).

15.4. Entire Agreement; Amendment. This Agreement sets forth the entire understanding between the Parties with respect to the subject matter hereof. This Agreement supersedes all prior or contemporaneous representations, discussion, negotiations, letters, proposals agreements and understandings between the Parties hereto with respect to the subject matter hereof, whether written or oral. This Agreement may be amended, modified or supplemented only in a writing duly executed by an authorized representative of each of Licensee and Symbium.

15.5. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. For any disputes that are not resolved by way of good faith negotiations and settlement, the Parties hereby consent to the exclusive venue and jurisdiction for actions concerning or relating to this Agreement in the federal or state courts of San Francisco, County of San Francisco, California.

15.6. Headings. The section headings in this Agreement are for reference and convenience only and do not explain, modify, interpret, or expand the provisions of this Agreement.

15.7. Independent Contractors. In making and performing under this Agreement, the Parties are acting and shall act as independent contractors and not that of master and servant or partnership. Neither Party is, nor will be deemed to be, an agent, legal representative, joint venture, or partner of the other Party for any purpose. Neither Party shall have any authority to act for or to bind the other Party in any respect, nor shall either Party hold itself out as having such authority.

Each Party agrees to assume complete responsibility for its own employees with regard to federal or state employer’s liability, worker’s compensation, social security, unemployment insurance, and Occupational Safety and Health Administration requirements, and other laws.

15.8. Severability. If any of the provisions of this Agreement are declared to be invalid or unenforceable by a court of competent jurisdiction, such provisions shall be ineffective to the extent of such invalidity or unenforceability while the other provisions hereof shall remain in full force and effect.

15.9. Waiver. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed on behalf of the Party against whom it is asserted. Any consent by any Party to, or waiver of, a breach of the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any continuing, different, or subsequent breach of this Agreement by such Party.

15.10. Survival. The provisions of this Agreement, which by their nature survive expiration or termination of this Agreement, shall survive, including, but not limited to the following Sections: 7 (Proprietary Rights), 9 (Confidentiality), 10 (Representations and Warranties), 11 (Indemnities), and 12 (Limitation of Liability).

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15.11. Controlling Document. Notwithstanding any inconsistent or additional terms and conditions which may be contained in a purchase order, invoice, voucher or other similar document issued by either Party, such document shall be for issuing Party’s internal purposes only and the terms and conditions of this Agreement shall prevail. Therefore, even if such document is acknowledged or accepted by the receiving Party and regardless of any statement to the contrary which may be contained therein, the inconsistent or additional terms and conditions of such purchase order, invoice, voucher or other similar document shall have no force or effect on this Agreement.

15.12. Interpretation; Construction. Unless the context of this Agreement clearly requires otherwise, (i) references to the plural include the singular, the singular the plural, the part the whole, (ii) references to any gender include all genders, (iii) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (iv) “including” has the inclusive meaning frequently identified with the phrase “but not limited to,” and (v) references to “hereunder” or “herein” relate to this Agreement. The Parties agree that this Agreement is the result of careful negotiations between sophisticated Parties and thus any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to the terms and conditions of this Agreement.

15.13. Signature/Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and both of which, taken together, shall constitute one agreement binding on both Parties. A facsimile signature or electronic signature (or e-signature) shall have the force and effect of an original signature, and in the absence of an original signature, shall constitute the original signature.

THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THE AGREEMENT, UNDERSTAND IT AND AGREE

TO BE BOUND BY ITS TERMS, AND THE PERSON SIGNING ON BEHALF OF EACH HAS BEEN AUTHORIZED TO DO SO. THE PARTIES FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES.

SYMBIUM CORP. CITY OF YREKA
By: By:

Name: Name:

Title: Title:

Email: Email:

Date: Date:

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EXHIBIT A-1 – ORDER
This Order, once executed, is governed by the Symbium Master Licensing Agreement between Symbium Corp. (“Symbium”) and the City of Yreka (“Licensee”) (the “Agreement”). All fees set forth herein are due pursuant to the terms of the Agreement. All capitalized terms used but not defined herein will have the meaning assigned to them in the Agreement. This Order shall control in the event of any conflict between this Order and the Agreement.

Prepared For:

City of Yreka
Order No.:

YREKA-001
Make Payment to:

Symbium Corp.

City of Yreka
Alia Roca Lezra, Planning Manager
701 Fourth Street
Yreka, CA 96097
Initial Term:
2 years
Symbium Corp.
912 Cole St., #375
San Francisco, CA 94117
[email protected] Payment Frequency:

N/A
SaaS Solution / Service Description Billing
Symbium’s Citizen’s Dashboard for
SB379 Compliance
● Web-based public-facing automated compliance checks
for solar energy systems as required by SB379
● $25 Symbium service fee per permit or revision
document, charged to applicants at point of sale.
$0
Symbium Express Permits ● Web-based public-facing automated compliance checks for additional permits, as requested by Licensee.
● $25 Symbium service fee per permit or revision
document, charged to applicants at point of sale.
$0
Included Integrations Read-write integrations into existing permit tracking system (PTS), given available APIs.
$0
(CalAPP funds)
Ongoing Support and Maintenance Quarterly updates $0
Total $0
Additional Terms and Conditions:

1. Unless noted otherwise, the pricing above includes initial implementation and training to ensure proper use and shall be invoiced upon execution of the Agreement.

2. Symbium shall be the exclusive provider of the Services for Licensee during the Term.

3. Any additional Solutions or Services requested by Licensee that exceed the scope of this Order shall be subject to a separate signed Order between the Parties. No CalAPP grant fees shall be due to Symbium in the event that Licensee is unable to procure such grant funds.

4. Support is available by email: [email protected].

ACCEPTED AND AGREED BY:

Symbium Corp. City of Yreka
BY: DATE: BY: DATE:

NAME: Leila Banijamali NAME:

TITLE: CEO TITLE:

EMAIL: [email protected] EMAIL:

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Statement of Qualification July 11, 2024
Delivered via Email
Alia Roca Lezra, Planning Manager
City of Yreka
RE Symbium SB379 and Express Permitting Pilots
Dear Alia:

I am writing to you on behalf of Symbium Corp. Symbium) to present our qualifications for the delivery and maintenance of SB379-compliant and express permitting solutions. We respectfully submit the following, which may aid you in the comparison of and procurement of our services.

Please note that, for purposes of complying with SB379, SolarAPP’s SA solar permitting software is not a unique offering in the marketplace. Symbium is the only provider that offers the following:
● Incorporation of the entire SolSmart regulatory scope, including replacement and additional PVESS to pre-existing systems.
● Hundreds of additional no-plan / express permit types in the same experience. Applicants for solar permits are not installing those projects in a vacuum - instead, they are installing solar to also install EV charging, heat pumps, and other electrification projects. Likewise, from the jurisdiction’s perspective, it is unreasonable to require a jurisdiction to adopt many different apps: a solar app, a door app, a window app etc. The experience should be and always is comprehensive with Symbium. ● Integrations into some of the most common and uncommon permit tracking systems PTSs) for a seamless and uninterrupted end-to-end experience.

In addition, Symbium offers each jurisdiction partner the ability to customize the content and file/plan upload requirements on Symbium so that the experience most accurately reflects individualized requirements.

Symbium’s Citizen’s Dashboard experience is unmatched in the market and comprises our comprehensive property portal and our regulation-enabled permitting, which enables compliance checks and issuance of instant permits for no-plan projects.

Background on Symbium
Symbium is a San Francisco-based startup that is reinventing the citizen-to-government experience, with an initial focus on permitting and incentives for residential decarbonization projects E.g., installation of solar panels, energy storage, heat pumps, etc.). Homeowners and contractors use Symbium’s Citizen’s Dashboard to instantly understand and visualize what’s possible on a property, then submit and manage permits and rebates, subject to pay-per-use transaction fees. Using Symbium, permits are issued instantly because the regulatory checks are built right into the web interface.

Key to this disruption is Symbium’s proprietary computational law (or Complaw®) tech, which enables a TurboTax-like mechanization of legal analyses through software in a swift and lean manner, initially developed by the founding team at Stanford’s AI Lab.

The essential elements of the Symbium experience include a property portal + Complaw analysis + permitting.
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Symbium Property Portal
Symbium maintains a freely-accessible property portal that covers the State of California and enables users to search for properties by address or APN and then visualize the universe of data about a property that is relevant for a myriad of home improvement projects. The types of property data at this stage of the Symbium experience include, but are not limited to:
● Square footage
● Natural and environmental hazards
● Distance to transit
● Setbacks
● Permit history
● 3D building heights and topography
● Satellite imagery
These data visualizations are obtained from a variety of reliable sources, including local, state and federal data as well as industry-leading satellite imagery and mapping companies.

Automated Compliance via Complaw
Using Symbium, anyone can freely perform hypothetical analyses of a development proposal on a specified property. While traditional search engines support filters and the ability to report on existing data, Symbium enhances users’ search experiences by providing “deep” searches and providing instantaneous regulation-enabled reports, instant regulatory analysis and compliance, and instant permits and fees for proposed home improvement projects.

Instant Plan Checks and Permits on Symbium
Using Symbium, applicants are able to receive instant permits for a myriad of home improvement projects since the applicable building codes and local requirements are built right into the front of the browser. These project types include, but are not limited to, residential solar SB379-compliant), heat pumps, EV charging, ESS, windows, plumbing, reroofing, HVAC, and potentially hundreds more no-plan project types. Every jurisdiction defines no-plan projects differently so the list herein is for illustrative purposes only.

An applicant scopes out a project, uploads the relevant documentation, pays the jurisdiction fee and Symbium’s service fee, then submits the permit. Assuming the regulatory checks are met, the jurisdiction’s PTS would issue the permit instantly, which would then be communicated back to the applicant via Symbium in seconds.

A short video demonstration of the public-facing Symbium permitting experience can be found here. A separate demonstration of the SB379-compliant solar permitting experience is available by contacting Symbium directly.

Fees for Services
Symbium’s fees are always fixed and transparent. Symbium recently announced two pilots for local jurisdictions to procure:

1. Residential solar permitting pilot SB379-compliant)

2. Express (no-plan) permits pilot
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There is no fee to jurisdiction partners for their procurement of Symbium. In the event that an integration is desired, Symbium charges a one-time configuration and integration fee of $30,000 for jurisdictions with a population under 100,000 and $60,000 for jurisdictions with a population of over 100,000 - these fees fall within the category of CalAPP grant reimbursable costs. Symbium will perform the overwhelming majority of the work and there is not likely a need for jurisdiction partners to engage the services of additional consultants or expend any staff time in excess of 812 hours.

There are no annual or ongoing fees to Symbium from our jurisdictions partners that sign on to the SB379 Pilot and our Express Permitting Pilots and no integration fees for the addition of Express Permits to an existing contract for SB379 solar permitting.

Symbium’s business model is to charge a $25 per permit service fee to permit applicants for the submission of permits. This fee covers any ongoing costs incurred by Symbium to maintain the services.

Positive Outcomes
The Symbium experience has resulted in the following positive outcomes for our current local government partners:

1. Compliance with California’s SB379 solar permitting mandate.

2. Significant reduction in staff time spent responding to project feasibility inquiries from applicants (i.e.

Can I build this? What forms are needed? What are the applicable fees?.

3. Transparency around regulatory requirements to applicants by surfacing the applicable regulations as the applicant is scoping the project on Symbium. Symbium performs automatic compliance checks on projects so each of those regulations are either checked off or displayed as outstanding (with a red “x”). A fully compliant scope results in the issuance of an instant solar or express permit on Symbium.

4. Receipt by staff of complete applications with the right forms (affidavits, plan sets, checklists etc.) and initial feasibility completed.

5. Faster project approvals with no interruption in the jurisdiction’s own PTS or workflows. Given an API, the Symbium team will always take the initiative to perform integrations into a partners’ PTS to ensure a streamlined experience.

Sole Source Justification
Symbium is the sole provider of a public-facing Citizen’s Dashboard experience that provides rich data visualizations of properties and enables instant legal analysis and approvals of residential solar in addition to hundreds of no-plan permit types against the applicable code requirements. Note, that Symbium is NOT a permit tracking system PTS, but has the ability to act as either a standalone tool or to supercharge any PTS by performing compliance checks at the very top of the applicant funnel.

The only other service that performs these types of compliance checks to enable SB379-compliant permit issuance in real time is SolarAPP, but that tool only handles a subset of residential solar permits and has very limited integration functionality as of the date of this letter. SolarAPP is further differentiated in the chart below.
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The following chart provides a feature analysis of the closest available tools for instant permit issuance:

Sole Source Justification Symbium SolarAPP OpenCounter Camino Public-facing permitting interface
SB379-compliant functionality
$0 ongoing cost to jurisdiction partners
(convenience fee charged to applicant)
Integration into existing online permitting systems,
given an API
Ability to accommodate customization and
configuration requests to align with AHJ partner’s
specific needs I.e. line diagram uploads etc.)
Swift configuration and integration possible in 36
weeks, performed entirely by the vendor
Visualization of 3D buildable envelopes
Instant regulatory analysis, list of permits, and
permit issuance for all no-plan permits I.e. heat
pumps, EV charging etc.)
Automated verification of contractor licenses
against CSLB and local requirements
Instantly surface detailed code requirements and
compliance as the project is scoped by the applicant
Identification of applicable rebates IRA or
otherwise) for a given project scope
There are other tools that have not been identified in detail but also provide some aspect of permit streamlining, including Accela, eTRAKiT, and EnerGov but those tools are strictly workflow-based permit tracking systems with no regulatory analysis component. Any homegrown or customizations of those PTSs for purposes of SB379 compliance would entail significant government resources to configure and maintain, especially as the regulations change.

As described in the descriptions and chart above, the closest services that help to at least streamline compliance checks for residential solar and issue permits in real time do not provide the combination of features or scope of permit types that are offered by Symbium. For these reasons, the procurement of Symbium would qualify as sole source.

Characteristics Uniquely Positioning Symbium to Deliver in the Service Categories Symbium’s qualifications and experience, which make it uniquely positioned to deliver in the categories of streamlined permitting and regulatory analysis can best be measured by the following:
● Team. The development of these regulation-enabled Complaw systems requires a well-rounded team who met at Stanford, with complementary skills in law, planning, building code, architecture, and logic programming. A pillar of our team’s success is our responsiveness, willingness to take the initiative in solving regulatory, data, and procedural challenges, and our hunger to make a lasting impact by way of public-facing planning and permitting tools that benefit communities at large. First and foremost, our team is composed of problem solvers who are second to none. ● Experience. Symbium secured its position as a Complaw leader in the local planning and building space for cities and counties across California with the launches of Symbium Build (parcel-specific ADU feasibility in California) and Plancheck (streamlined compliance reviews, covering entire residential 4 of 7
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planning codes). The company has been empowering the public via citizen-facing planning tools and now makes a natural leap forward with streamlined permitting for SB379 compliance and express permits. ● Multi-Stakeholder References. Please feel free to contact the following for references:
a. Jesse Cardoza
Deputy Director of Community Development / Chief Building Official City of Irvine, CA PTS used: Eden / homegrown)
Community Development
Phone: 9497246377
Email: [email protected]
b. John Caprarelli
Chief Building Official
City of Santa Clarita, CA PTS used: Accela and Clariti/Camino) Building and Safety
Phone: 6612554396
Email: [email protected]
c. Deana Shelman
Coordinator II - IT
City of Lancaster, CA PTS used: Accela)
Phone: 6617236053
Email: [email protected]
● Recent Awards / Recognitions. In 2023, Symbium won the Association for Corporate Growth award in SF and was admitted into the highly selective Third Derivative accelerator program to streamline decarbonization permitting and incentives. The company was nominated as a finalist in the highly-coveted 2022 ALP Alain Colmerauer Prolog Heritage Prize and has been recognized and awarded with the following: GovTech 100 company every year since 2021, 2021 Facebook grant for Housing Innovation, American Bar Association’s 2021 Women of Legal Tech recognition, the 2020 Ivory Prize for its innovations in housing regulations, and a 2019 HIVE 50 Honoree for fast-tracking building permits and approvals.

No Conflicts
There are no conflicts of interest, actual or apparent, that would limit Symbium’s ability to provide the requested services.

Closing Comments
We appreciate your consideration and look forward to the opportunity to serve in this important endeavor. I encourage you to contact me directly with any remaining qualification questions or for further clarifications.

Please feel free to advise if scheduling a virtual meeting and/or further demonstrations of our services would help clarify any of the items outlined above or any additional matters impacting Symbium’s qualification to serve your jurisdiction.

Sincerely,
Leila Banijamali, CEO
Symbium
[email protected]
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Symbium Screenshots
STEP 1 The Symbium experience begins with providing the applicant with property data.

STEP 2 To apply for a solar permit, the applicant must answer detailed questions about their proposed installation.
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STEP 3 Symbium provides instant analyses of what regulations have been complied with (or not) and why.

STEP 4 When the applicant is ready and they have met all of the requirements, they may apply for a permit without having to leave Symbium. Symbium integrates with AHJs’ permit tracking systems in order to provide this seamless, easy-to-use experience.
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To:

From:

Prepared by:

Agenda title:

Meeting date:

Discussion:

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
YrekaCity Council
Jason Ledbetter, City Manager
Jason Ledbetter, City Manager
Discussion/Possible Direction: Discuss the current list of known projects that are completed, or in process, and attempt to provide housing for those living and experiencing homelessness, while providing input on the possibility of future projects.

August 20, 2024
At the August 6th regularly scheduled City of Yreka City Council meeting Mayor Pro Tempore, Paul McCoy, requested to discuss the current plan and / or development of a plan to combat homelessness. Staff has put together the list of projects from the County and the City that are currently in process, or being worked on, or awaiting direction from the City Council. The following is a list of projects with a synopsis of what the project entails.

Crossroads
Permanent Supportive Housing, services onsite for 30 years. 24 housing units for severe and persistent mental illness and/ or chronically homeless, and 25 housing units for low income.

Coordinated entry via HMIS vulnerability index. County social workers will be staffed on site during work hours to provide case management. This projects construction is now complete, and the units are now being filled.

Pallet Shelter
The City of Yreka and the County of Siskiyou are partnering on a pallet shelter project that will provide 15-18 beds in individual and doubles small non congregate shelter units. The target client is the care court population. The proposed open date of this facility is November 2024 as the County has already received a grant and the project is currently moving forward.

Low barrier shelter
A 32-bed low barrier congregate style shelter with 32 beds. This is a County of Siskiyou project that is nearing completion. This low barrier shelter will have the most immediate impact for reducing those currently living in public spaces. We are told this project is 30-60 days from opening.

Homekey
A conversion of a motel into non-congregate shelter for those experiencing homelessness.

The City of Yreka is working with DANCO and currently interviewing interested motel owners in Yreka to determine if a grant application or a Homekey project will get completed Yreka City Council
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for City Council review and direction. Along with the low barrier shelter this model offers the highest potential to get the unhoused camping in the community into a secure living situation.

Vouchers
The County of Siskiyou also manages a robust motel voucher program. I am not familiar with the current figures, but I am aware that a grant paid for roughly $500,000 in motel vouchers during the Covid outbreak years in Siskiyou County. This is a population of the homeless community most members of the public do not normally see as they are living in motels.

Shared Homes
The County of Siskiyou also operates 3 shared homes for mental health diversion.

Low Income 45-unit project with DANCO
The City of Yreka has approved 2 different grant applications in support of DANCO developing a phase 1 45-unit low-income property near Deer Creek. Affordable housing options are considered preventative measures to combating homelessness.

Data
Siskiyou County 2024 Affordable Housing Needs Report key findings CHPC.NET/HOUSINGNEEDS:
897 low-income renter households in Siskiyou County do not have access to an affordable home.

State and federal funding for housing production and preservation in Siskiyou County is $11 million, a 56% decrease from the prior year. 66% of extremely low-income (ELI) households in Siskiyou County are paying more than half of their income on housing costs compared to 0% of moderate-income households.

Renters in Siskiyou County need to earn $18.19 per hour to afford the average monthly asking rent of $946.

Siskiyou County Point In Time Count numbers as reported in the Siskiyou Daily News article on June 8, 2023, were 507 people in 2023 as compared to 321 people in 2022 for the total count in Siskiyou County.

Fiscal Impact:

N/A
Recommendation and Requested Action:

Discuss the current list of known projects that are completed, or in process, and attempt to provide housing for those living and experiencing homelessness, while providing input on the possibility of future projects.

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368302.1

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 / 20 / 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 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”).

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.

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JULY 16, 2024
PAGE 2
368302.1 2
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 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.

On August 6, 2024, this item was discussed at the City Council meeting. The item was tabled until this meeting in order to present the full proposed policy included here as Exhibit A to Attachment 1.

It is the opinion of the City Attorney that policies should be adopted generally 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 ordinance need minor changes to allow for additional enforcement.

The policy proposed with this resolution is referenced in proposed Ordinance No. 878, under consideration by the Council this evening, within section 9.45.040, as the policies for removal of encampments. This policy may be amended by the City Council from time-to-time.

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 for 60 days proposed by this policy is the same as required under the Caltrans policy. This differs from Yreka City code section 2.32.030 which requires property which came into the possession of the police department as lost and unclaimed property pursuant to Civil Code section 2080, et seq., shall be held for 4 months (120 days). This provision requires property which one finds that is valued at $100 or more be turned over to the police, and an attempt be made to contact the owner if known. (Civil Code section 2080.1.) State law requires departments to hold lost and unclaimed property in the possession of the police department of 90 days. (Civil Code section 2080.2, 2080.3, 2080.4.) Civil Code section 2080, et seq., however has “no application to things which have been intentionally abandoned by their owner. (Civil Code sec.

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JULY 16, 2024
PAGE 3
368302.1 3
2080.7.) Accordingly, in the instance of personal property left at an encampment after adequate notice, the effect of leaving property is to intentionally abandon the property.

Here, the 60 day period is supported as the property left behind is effectively being abandoned or 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, with Ex. A

2. Executive Order N-1-24

3. Caltrans Maintenance Policy Directive MPD-1001-R1
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370962.1
ATTACHMENT 1
RESOLUTION NO. 2024-38

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, it is the intent of the City Council that this policy shall apply to encampment removal, and personal property storage and collection at encampments, irrespective of the issuance of any citation for unlawful camping 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 Exhibit 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 20, 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
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EXHIBIT A

POLICY FOR THE NOTICE, REMOVAL, AND STORAGE OF PERSONAL

PROPERTY FROM ENCAMPMENT REMOVAL SITES
The City of Yreka does not permit camping in various parts of the City on public property. The City’s goal is to protect the public health and welfare through enforcement of the City codes, while at the same time providing adequate notice for persons engaged in unlawful camping notice of the need to remove their personal property from areas where camping is unlawful. This policy will also set a procedure for addressing the personal property of persons who have unlawfully camped within the City.

Removal of encampments mitigates health, safety, access, and concealment issues for Persons Experiencing Homelessness (PEHs ), the public, adjacent neighborhoods, City staff and first responders.

This policy facilitates transportation, access and safety needs while providing guidance regarding encampment removal operations. To whatever extent the City code or state law is in conflict with this policy, those provisions of the City code or state law shall take precedence.

It shall be at the discretion of the City Manager to assign personnel to undertake the duties specified herein.

A. Site Assessment - When feasible, a site assessment should be performed by staff and include:

1. Prioritization of each encampment as either a Priority Level 1 ( Critical Priority for Expeditious / Urgent Removal) or a Priority Level 2 (Removal Needed).
a. Priority Level 1 (Critical Priority for Expeditious/ Urgent Removal) - Critical circumstances exist when an encampment poses an imminent threat to life, health, safety or infrastructure and must be immediately addressed. This is limited to exigent circumstances. Non-exclusive examples include: the
encampment is on or near an unstable structure at risk of collapse; the encampment is close to traffic and the persons in the encampment are at immediate risk of getting hit by
vehicles; persons obstructing public rights of way or access; persons near waterways; persons are living within a confined space; the encampment poses a fire risk.
b. Priority Level 2 (Removal Needed) - All other encampments.

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B. Site Assessment Action Items and Considerations

1. When appropriate, the Yreka Police Department should be contacted in advance to assist in initial site assessment.

2. City staff should contact service providers providing services for PEH and request outreach services for PEH at the encampment.

3. City hazmat-trained staff should evaluate the site for any hazards unique to the encampment that will require specialized hazardous materials handling, disposal, or site remediation.

4. If appropriate, the Public Works Director or designee should evaluate potential mitigation efforts related to landscaping to prevent future encampments.

C. Notice

1. Priority Level 1
a. No advance posted Notice to Vacate is required.
b. Yreka Police Department should be present during operations. c. If circumstances reasonably allow for advance notice, then give as much advance notice as is reasonable under the
circumstances, to be determined on a case-by-case basis. d. If advance written notice is not given and if property was collected during the removal, an after encampment "removal advisory" shall be posted in a prominent location near where the encampment was removed providing information
describing where items were removed from, a contact phone number for reclaiming collected property, including the date by which property must be reclaimed.
e. Time-stamped photographs or videos should be taken of the "removal advisory."

2. Priority Level 2
a. Post Notice to Vacate at least 48 hours before beginning encampment removal.
b. Yreka Police Department shall be present during the posting of Notice to Vacate.
c. Location of Posted Notice to Vacate – Written Notice to Vacate should be posted at each major point of ingress/egress in a conspicuous manner.
d. If prevented from posting the Notice to Vacate because of hostility, interference, or any other action from persons on site, posting should not be attempted until Yreka Police Department mitigates the situation.

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370962.1
e. Time-stamped photographs or videos should be taken of the posted Notices to Vacate.

3. Paper Notices to Vacate should be enclosed in sheet protectors to protect against weather.

4. Paper Notices to Vacate shall be filled out completely and include:
a. Posting date and time.
b. Location of encampment (general reference).
c. “Vacate by” date and time.
d. Telephone number for assistance in obtaining property collected during a removal.
e. Date by which property must be collected from City before it is discarded.
f. Removal start and end dates.

D. Removal Operations

1. Before working at an encampment site, Yreka Police Department shall be present. Do not begin removal operations when persons are in the immediate vicinity. Any persons who remain on site when staff or City contractors arrive to begin the removal shall be given a reasonable amount of time to remove possessions before any removal begins.

2. Where advance written notice is given, removal work shall begin on the date written on the Notice to Vacate and shall begin no earlier than the time written on the Notice to Vacate. If removal work does not begin on the date written on the Notice to Vacate, the location must be reposted before removal operations may begin. If prevented from removal work because of hostility, interference, or any other action from persons on site, removal work should not be attempted until Yreka Police Department mitigates the situation. No further posting is necessary once City workforce and/or contractors arrive for removal operations and will continue from day to day until completed.

3. Time-stamped photographs or videos should be taken before, during, and after removal work has been completed.

4. Hazardous Materials trained personnel should evaluate the site to identify and plan for removal of any hazardous materials.

5. When possible, equipment should be used to gather, pile, and load encampment debris to reduce exposure and contamination.

6. Any personal property that is collected should be stored in a secured location by City for not less than 60 days, then discarded if not claimed.

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7. Collected personal property should be time-stamped photographed and shall be inventoried by describing and labeling the items and identifying the encampment location and the removal date.

E. Items To Be Collected (Bagged and Tagged) and Stored

1. Personal property that is not a health or safety hazard, in plain sight, shall be collected, labelled, and stored. City employees and contractors shall collect the following items:
a. Items of apparent value - defined as items having an apparent value of $50 or more.
b. Items of apparent personal value including but not limited to:
i. Eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment.
ii. Tents (habitable and uncontaminated).
iii. Personal papers such as photographs, albums, ID's, bank statements, legal papers, etc.
iv. Bicycles, scooters, strollers in good repair.
v. Backpacks and containers that appear to be in good
condition and have been determined by a City hazmattrained personnel or contractor to be free of materials described in Section F(l)(a)-(f) below. .

2. Due to the exigent circumstances surrounding Priority Level 1 removals, it may not be possible to collect, label and store items.

F. Items That Will Not Be Collected

1. Items identified by the owner of the property as being intentionally abandoned.

2. Items that present an immediate health or safety risk, such as:
a. Toxic sharps: needles, scissors, knives.
b. Chemicals: bleach, paint, oils, etc.
c. Items (including bedding and clothing) soiled by infectious materials: human waste, bodily fluids.
d. Moldy, mildewed items.
e. Items that may be infested by rodents and insects: rats, mice, fleas, lice, bed bugs.
f. Items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids.

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370962.1
g. Backpacks and closed containers that have been determined by City hazmat trained personnel or contractor to contain items listed in (a)-(f) above or items (3), ( 4), (5), or (6) below. Such backpacks and closed containers may be discarded where no hazmat contractor is present to make a determination.
h. If personal belongings are co-mingled or littered with needles, human waste, or other health risks, employees/contractor may dispose of the entire pile of belongings and are not required to sort through and attempt to remove the health or safety risks or other items from such risks.

3. Mattresses: furniture with fabric, padding, or is porous; sheds, structures, rolling structures, and bulky items. Sheds, structures, or rolling structures may be demolished if not removed by person claiming such property prior to the encampment removal. A "bulky item" is any single item that is over 50 pounds and requires more than two persons to safely lift.

4. Perishable items, perishable food. Liquids of any kind.

5. Controlled substances, drugs with or without prescription and medications of any kind. Should be handled by hazmat trained personnel and/or by Yreka Police Department.

6. Contraband, weapons and illegal items. Should be addressed as directed by Yreka Police Department.

7. Trash, garbage, and/or debris. This includes property that appears to have been discarded by its owner and broken appliances or broken furniture which constitutes abandoned property or trash. a. If employees/contractors have a reasonable doubt as to whether an item constitutes trash, it should be collected and stored.

Employees/contractors should exercise their best judgment in determining which items should be collected and stored.

8. Motor vehicles should be handled as provided in the Vehicle Code.

G. Reclaiming Collected Personal Property

1. Persons attempting to retrieve property that was collected during a removal operation shall give the location of the encampment where the property was collected, describe where and when the personal property was last in their possession, and provide a description of the item(s).

2. The person retrieving property shall sign and date a document acknowledging receipt of the property.

3. If requested, a receipt should be given to the person retrieving property.

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H. Record Keeping

1. An After-Action Report should be submitted to the Office of the City Manager within one week of a completed encampment removal.

2. A file should be created for each encampment removal and retained for 4 years, and should contain:
a. Photographs and/or videos taken in connection with the removal effort.
b. Writings reflecting assessments, evaluations, summaries, receipts and notices connected with the encampment removal, items collected, and items retrieved, if any.
c. Name(s) of the contractor(s) involved in the removal. d. Name(s) of the social service providers responding.
e. Names and badge number(s) of Yreka Police Department or other law enforcement involved in the encampment removal. f. Collected Personal Property Forms and receipts.

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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 ATTACHMENT 2
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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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STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION

MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
NUMBER
MPD 1001-Rl
PAGE
--1 OF

MAINTENANCE POLICY DIRECTIVE DATE ISSUED EFFECTIVE DATE

SERGIO ACEVES
Chief, Division of Maintenance

DISTRIBUTION
[8J All District Directors
[8J All Deputy District Directors - Maintenance
[8J All Deputy District Directors - Traffic Ops.
[8J All Deputy District Directors - Construction
[8J All Deputy District Directors - Design
[8J All Deputy District Directors - Trans. Planning

SUBJECT
10/10/2022 10/10/2022

SIGNATURE
srA�
[8J Chief, Division of Engineering Services
[8J Chief Counsel, Legal Division
D Publications (California Supplement Website)
[8J All Division of Maintenance Office Chiefs
[8J All SM&I Office Chiefs
[8J Headquarters Division Chiefs for:

Division of Maintenance - Encampment Removal Policy

DOES THIS DIRECTIVE AFFECT OR
SUPERSEDE ANOTHER DOCUMENT?

IF YES, DESCRIBE
Volume l, Chapter l, section 1.07.3
MPD 1001, issued August 16, 2010
MPD 2002-R9

WILL THIS DIRECTIVE BE INCORPORATED
IN THE MAINTENANCE MANUAL?

IF YES, DESCRIBE
Volume 1, Chapter 1, section 1.07.3
[8J YES O NO
[8J YES O NO
--7
This policy facilitates transportation, access and safety needs while providing guidance regarding encampment removal operations.

To whatever extent the Maintenance Manual or other guidance is in conflict, this policy takes precedence.

DIRECTIVE
The California Department of Transportation (Caltrans) does not permit encampments on its Right-of-Way.

Cal trans' goal is to maintain the integrity of the transportation network. Encampments degrade highway infrastructure and impact the maintenance and operation of the highway facilities. Removal of encampments mitigates health, safety, access, and concealment issues for Persons Experiencing Homelessness (PEHs ), the traveling public, adjacent neighborhoods, Caltrans staff and first responders. For these reasons, Caltrans' Rightof -Way is not suitable for encampments. This policy facilitates transportation, access and safety needs while providing guidance regarding encampment removal operations. To whatever extent the Maintenance Manual or other guidance is in conflict, this policy takes precedence.

ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Mi Unit at (279) 234-2284, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

ATTACHMENT 3
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370898.1

CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager
Andrew L. Jared, City Attorney
AGENDA TITLE: Second Reading of Ordinance No. 878 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 CEQA
MEETING DATE: 08 / 20/ 2024
Recommended Action:

Motion to

1. Waive full reading of the ordinance; and

2. Approve Second Reading of Ordinance No. 878 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”; and

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

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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.

In response to the Grants Pass decision, many cities are amending their city codes dealing with camping on public lands. 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.

On August 6, 2024, the City Council introduced for first reading the attached ordinance to amend two Chapters of the Yreka Municipal Code dealing with camping in 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 Yreka City Council
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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.

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.”
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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.

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 – Found in 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” – Found in 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 – Found in 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 Yreka City Council
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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.”
INFRACTION, GRADUATED PENALTY: $50/$100/$250 – Found in 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 – Found in existing 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.”
The proposed ordinance contains penalty provisions modeled on that found in 9.60.120.

Attachments:

1. [Draft] Ordinance No. 878 amending Chapter 9.45 and 9.50

2. Clean version of text of Chapter 9.45 and 9.50, as amended Yreka City Council
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ATTACHMENT 1
ORDINANCE NO. 878

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 Stops, 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-of62 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 [Note: no changes to sections 9.50.60 to 110]
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
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362 Section 10. Execution. The Mayor and City Clerk are authorized to subscribe 363 this ordinance where indicated below to evidence its approval. 364 Introduced at a regular meeting of the City Council held on August 6, 365 2024 passed, and approved by at least a majority and adopted at a regular 366 meeting of the City Council of the City of Yreka held on _______________, 367 2024 by the following vote:
368
369 AYES:
370 NOES:
371 ABSTAIN:
372 ABSENT:
373
374 Corey Middleton, Mayor
375 Approved as to Form: Attest:
376
377 Andrew Jared, City Attorney Cyndy Prohaska, City Clerk 378
379
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1 ATTACHMENT 2
2 3
4 Text of Ch. 9.45 and 9.50 as amended:
5 6 CHAPTER 9.45 – CAMPING AND STORAGE OF PROPERTY IN PUBLIC 7 PLACES – PROHIBITED
8 9.45.010 - Definition of specialized terms and phrases. 9 10 The following words, terms and phrases, when used in this chapter, shall have the 11 meanings ascribed to them in this section, except where the context clearly indicates a 12 different meaning:
13 Camping" means to occupy or prepare to occupy as exemplified by sleeping or making 14 preparations to sleep, storing personal belongings (including, but not limited to, clothing, 15 sleeping bags, bed rolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, 16 and similar materials), or igniting fires for food or beverage preparation or for warming. 17 Camping may involve the use of a any trailer, mobilehome, camper or other vehicle 18 equipped for human habitation; the erection of any tent or other shelter; or the 19 arrangement of sleeping bags, bedding, bed rolls, blankets, sheets, luggage, backpacks, 20 kitchen utensils, cookware, and similar materials for the purpose of or which will permit 21 remaining overnight.
22 "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to 23 place or leave in a location.
24 9.45.020 – Activities Prohibited –Citywide 25
26 (a) No person shall camp, sit, lie, sleep or store their belongings in or upon any public 27 place in the city, including but not limited to any street/highway, green belt, median 28 island, alley, sidewalk, crosswalk or other public place. 29 (b) The provisions of this section do not prohibit a person from sitting upon a public 30 street/highway, green belt, median island, alley, sidewalk, crosswalk, or other public 31 place if:
32 (1) Such person is lawfully using a recreational area during posted ours of operation, or if 33 no hours are posted between dawn and sunset;
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34 (2) Such person is viewing a legally conducted parade or similar permitted temporary 35 event; or
36 (3) Such person is seated for less than one hour on a bench lawfully installed for such 37 purpose.
38 (c) Nothing in this chapter shall be construed as to prohibit camping in public 39 campgrounds or other facility under a permit authorized by other provisions of law or 40 ordinance.
41 (d) Nothing in this chapter is intended to prohibit or make unlawful the activities of an 42 owner of private property or other lawful user of private property that are normally 43 associated with and incidental to the lawful and authorized use of private property for 44 residential or other purposes; and nothing is intended to prohibit or make unlawful the 45 activities of a property owner or other lawful user if such activities are expressly 46 authorized by the Code or other laws, ordinances, and regulations. 47 9.45.030 - Fires. 48
It is unlawful to build any fire or burn any combustible material within any public place 49 withing the city except on private property or as allowed pursuant to section 9.50.030 in 50 fireplaces or barbecues constructed and maintained for such use by the city within 51 recreation areas. Nothing in this section shall prohibit the use of a barbecue or similar 52 type of cooking device when used or maintained in such a manner as not to injure or 53 destroy vegetation or constitute a fire hazard, when done consistent with the California 54 Fire Code.
55 56

9.45.040 – Abatement.
57 58 (a) In addition to any other lawful authority, any violation of Section 9.45.020 may be 59 abated by the city or any law enforcement officer consistent with policies for the removal 60 of encampments adopted by the City Council. Any violation of Section 9.45.020 may be 61 abated immediately by the city or any law enforcement officer without prior notice if the 62 violation poses an imminent threat to public health or safety. 63 (b) Abatement pursuant to subsection 9.45.040(a) of this section may include, but is not 64 limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, 65 hazardous waste, infectious waste, junk or debris; and securing the perimeter of the 66 property with fencing, gates, notification tape, or barricades to prevent further 67 occurrences of the nuisance activity.
68 (c) Regardless of the city's authority to conduct abatement pursuant to this section, every 69 owner, occupant, or lessee of real property, and every holder of any interest in real Yreka City Council
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70 property, is required to maintain the property in compliance with local, state, and federal 71 law; and is liable for violations thereof.
72 (d) The abatement authority provided in this chapter shall be cumulative and in addition 73 to any other procedures provided by the laws of the city or the state for the abatement of 74 any of the conditions described in this chapter, and abatement pursuant to the provisions 75 of this chapter shall not prejudice or affect any other action, civil or criminal, for the 76 abatement of any such condition.
77 9.45.050 - Violation—Penalty. 78
79 (a) A violation of any provision of this chapter shall be an infraction; provided, however, 80 for the second or any additional violation, within any one-year period, may be treated as a 81 misdemeanor. The maximum fine for the first violation is: Fifty dollars for the first offense; 82 two hundred dollars for the second offense within one year and each subsequent offense 83 within one year shall be five hundred dollars, and imprisonment not exceeding six months, 84 or by both such fine and imprisonment . The prosecuting attorney may treat any third 85 offense occurring within one year as a misdemeanor.
86 (b) Nothing in this chapter shall be construed to prevent a person from being prosecuted, 87 convicted, or sentenced for a violation of any lesser or related city, state, or federal 88 statutes which might impose different penalties.
89 9.45.060 - Ability-to-pay determination. 90
91 (a) Any fine issued under Section 9.45.050 will be accompanied with a notice of and 92 instruction regarding the right to request an ability-to-pay determination. 93 (b) If the requestor is receiving public benefits under Government Code § 68632, 94 subdivision (a), or has a monthly income which is one hundred twenty-five percent or 95 less than the current poverty guidelines updated periodically in the Federal Register by 96 the United States Department of Health and Human Services, the requestor's 97 administrative fine shall be waived and the violator shall instead be subject to:
98 (1) Completing community service in lieu of paying the total administrative fine; or 99 (2) Offered an alternative disposition.
100 Fine waiver and alternative disposition shall not be applicable to violators who have 101 access to adequate temporary shelter but choose not to use it. 102
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103
104 CHAPTER 9.50 – PARK REGULATIONS
105 9.50.010 - Definitions.
106 For the purposes of this chapter, the following definitions shall be applicable:
107 (a) "Alcoholic beverages" means beverages containing one-half of one percent or more of 108 alcohol by volume.
109 (b) “Camping" means to occupy or prepare to occupy as exemplified by sleeping or 110 making preparations to sleep, storing personal belongings (including, but not limited to, 111 clothing, sleeping bags, bed rolls, blankets, sheets, luggage, backpacks, kitchen utensils, 112 cookware, and similar materials), or igniting fires for food or beverage preparation or for 113 warming. Camping may involve the use of a any trailer, mobilehome, camper or other 114 vehicle equipped for human habitation; the erection of any tent or other shelter; or the 115 arrangement of sleeping bags, bedding, bed rolls, blankets, sheets, luggage, backpacks, 116 kitchen utensils, cookware, and similar materials for the purpose of or which will permit 117 remaining overnight.
118 (c) "Overnight" means between the hours of eleven o'clock p.m. of one day and six 119 o'clock a.m. of the following day.
120 (d) "Recreation area" includes all parks, plazas, greenbelts, gardens, lakes and any other 121 property owned by the city, including structures thereon and used, operated or maintained 122 for recreational purposes, whether active or passive. "Owned" means any property 123 interest or arrangement under which the city operates, maintains or controls any such 124 property. The term additionally includes any and all property owned or maintained as 125 open space.
126 (e) "Vehicle" means a device by which any person or property may be propelled, moved 127 or drawn, including bicycles.
128

9.50.020 - Camping. 129
130 It is unlawful to camp in any recreation area within the city without previously obtaining 131 from the city clerk a permit. Camping shall be permitted only in those areas designed by 132 resolution of the city council and pursuant to the terms and conditions as set forth in the 133 resolution.
134
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9.50.030 - Fires. 135
136 It is unlawful to build any fire or burn any combustible material within any recreation 137 area except in fireplaces or barbecues constructed and maintained for such use by the 138 city. Nothing in this section shall prohibit the use of a barbecue or similar type of cooking 139 device when used or maintained in such a manner as not to injure or destroy vegetation or 140 constitute a fire hazard, when done consistent with the California Fire Code. 141

9.50.040 - Hours of use of recreation areas. 142
143 The city council may by resolution adopt reasonable rules and regulations setting forth 144 the times that specific designated areas are open to public use. Notwithstanding the 145 foregoing, any and all recreation areas are closed to public use between the hours of 146 eleven p.m. and six a.m.; and it is unlawful for any person to be in a recreation area 147 during such prohibited times. This section shall not be applicable to a person or persons 148 who have obtained a permit from the city clerk pursuant to this chapter, or a resolution 149 adopted pursuant to this chapter.
150

9.50.050 - Consumption of alcoholic beverages. 151
152 It is unlawful to consume alcoholic beverages in any recreation area designated by a 153 resolution adopted by the city council pursuant to this section. A permit may be obtained 154 from the city clerk for the consumption of alcoholic beverages in any such prohibited 155 areas for group activities, and the permit may impose reasonable rules and regulations 156 relating thereto.
157

9.50.060 - Littering. 158
159 It is unlawful for any person within any recreation area to deposit, place, throw or in any 160 manner dispose of any rubbish, trash, garbage, can, bottle, glass, paper or any decaying or 161 putrid matter of any kind whatsoever except in containers provided for such purpose by 162 the city.
163

9.50.070 - Animals. 164
165 Except as hereinafter provided, it is unlawful for any person to permit any dog, cat, fowl, 166 or other domesticated animal to enter upon or be within any recreation area. 167 (1) Definitions.

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168 (A) Recreation Area. A recreation area is defined as the following areas which have 169 been commonly referred to as parks within the city of Yreka, and as they may be 170 more particularly described by resolution adopted by the city council from time to 171 time defining the boundaries thereof:
172 (i) Greenhorn Park;
173 (ii) Miner Street Park;
174 (iii) Discovery Park;
175 (iv) Lewis Park;
176 (v) Newton Park;
177 (vi) Ringe Park;
178 (vii) Shasta Avenue Park; or
179 (viii) Those additional or other parks which are designated from time to time 180 by the city council by resolution.
181 (B) Other Definitions. Reserved.
182 (2) Dogs in Recreation Areas.
183 (A) Dogs are allowed in recreation areas as set forth in this section only. 184 (B) No owner or keeper of a dog shall allow or permit such dog to be within a 185 recreation area unless such dog is securely restrained by a substantial leash not to 186 exceed six feet in length and is under the charge and control of a person competent to 187 keep such dog under effective charge and control.
188 (C) This section does not apply to service animals certified as trained for and 189 providing aid to a person with a disability and whose presence is reasonably 190 necessary.
191 (D) It is unlawful to kill, wound, chase or capture any bird or animal within any 192 recreation area.
193 (E) Dogs in Greenhorn Park.
194 (i) Prohibited Areas. No dog, cat or other animal, even if securely leashed, shall 195 be permitted in any area specifically designated from time to time by the city Yreka City Council
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196 council or the city manager. Prohibited areas designated by the city manager or 197 his or her designee shall be subject to council approval within sixty days of the 198 designation.
199 (ii) Leash-Required Areas (Developed Areas). No person shall bring into, or 200 permit any dog, cat or animal to enter any developed area, unless such animal is 201 securely leashed and under control of that person.
202 (a) Developed areas are defined as any public road open to vehicular traffic, 203 lawn or play field, deck, parking lot, picnic area, campground, 204 concession area, equestrian center, archery facility, gun range, paved 205 multi-use trail, or any other area specifically designated from time to 206 time by the council as so restricted.
207 (b) Other leash-required areas may be designated from time to time by the 208 city council or the city manager or his or her designee. 209 (c) Leash-required areas designated by the city manager or his or her 210 designee shall be subject to council approval within sixty days of the 211 designation.
212 (d) An animal is leashed within the meaning of this section when such 213 animal is securely tied, or otherwise attached, to one end of a chain, rope 214 or other type of leash or restraining device, or such animal is otherwise 215 physically restrained (excluding electronic collars). 216 (e) Such leashes or devices shall be no longer than six feet; the other end of 217 which is retained in the possession of a person capable of exercising 218 control.
219 (f) Extendable leashes are permissible provided they are not extended 220 beyond six feet in leash-required areas.
221 (g) No dog, cat or other animal may be left unattended (if not contained) at 222 any parkland.
223 (h) At campgrounds, dogs, cats or other animals must be attended and either 224 leashed, or contained within a vehicle, tent or other type of physical 225 confinement.
226 (i) An owner or keeper of a dog may exercise the dog without leash, in 227 areas specifically designated by this section, in the conduct of obedience 228 trials and training classes, or to herd, guard, gather or otherwise work 229 domestic animals or fowl, so long as such dog is under the charge and 230 control of a person competent to keep such dog under effective charge 231 and control and so long as such dog does not harm or damage or threaten 232 to harm or damage any person or public property or private property. 233 The areas in which this activity may occur include those areas Yreka City Council
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234 immediately north and east of Greenhorn Reservoir, and such other areas 235 as the city manager designates, which shall be subject to council 236 approval within sixty days of when the area is so designated. 237
238 (iii) Leash-Optional Areas (Undeveloped Areas). A dog may run at large under 239 the control of its owner or handler within undeveloped areas of Greenhorn Park; 240 provided, however, that the owner or handler shall have a leash in his or her 241 possession and keep the dog under control at all times. 242 (a) This leash-optional provision does not apply in areas regulated under 243 subsection (2)(E)(ii)(e) of this section.
244 (b) For the purpose of this subsection, a dog is considered under control 245 when the owner or handler is aware of its conduct and when it returns to 246 the owner or handler when called. The owner or handler may not be 247 aware of the animal's conduct when it is out of sight. 248 (c) Dogs are presumed to not be under control when:
249 1. They threaten, harass, chase or harm other animals or wildlife. This 250 does not include play chase with other dogs.
251 2. They display threatening behavior.
252 3. They physically harm people directly or indirectly by their actions. 253 4. They run at large in leash-required areas or enter dog-prohibited 254 areas.
255 5. They touch or jump on other park users who have not invited or 256 engaged in interaction with the dog.
257 (F) Ringe, Shasta or Miner Street Park. Notwithstanding the foregoing, no dogs under 258 any circumstances are permitted in Ringe Park, Shasta Park, or Miner Street Park, 259 unless specifically approved from time to time by the council by resolution. 260 (3) Disposal of Dog Waste.
261 (A) Any person owning, possessing, harboring or having the care, charge, control or 262 custody of any dog shall immediately remove and thereafter dispose of any fecal 263 matter deposited by said dog on public property. For the purpose of this section, dog 264 fecal waste shall be immediately removed by placing said waste in a closed or sealed 265 container and thereafter disposing of it by depositing said waste in a trash receptacle, Yreka City Council
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266 sanitary disposal unit, or other closed or sealed container. The waste shall not be 267 disposed of in a private trash container without the permission of the container's 268 owner. The waste may be disposed of in a publicly owned trash container. 269 (B) Violation of this section shall be an infraction punishable upon a first conviction 270 by a fine of not exceeding fifty dollars and, for a second conviction within a period of 271 one year, by a fine of not exceeding one hundred dollars and, for a third or subsequent 272 conviction within a period of one year, by a fine of not exceeding two hundred fifty 273 dollars.
274 (C) This section shall not apply to blind persons accompanied by a dog used for their 275 assistance.
276 (4) Signage. Signs shall be erected within the parks or recreation areas or portions thereof 277 affected to inform the public of the substance of this section, and it is unlawful for any 278 person to fail to comply therewith.
279 (5) Violation of subsection (2) of this section shall be an infraction punishable upon a 280 first conviction by a fine of not exceeding fifty dollars and, for a second conviction 281 within a period of one year, by a fine of not exceeding one hundred dollars and, for a 282 third or subsequent conviction within a period of one year, by a fine of not exceeding two 283 hundred fifty dollars.
284

9.50.080 - Commercial activity. 285
286 It is unlawful to sell, offer for sale, advertise for sale or solicit for future delivery or for 287 performance of any goods, wares, merchandise services, food or beverages in any 288 recreation area. It is unlawful to promote, conduct or manage any game, contest, show, 289 exhibition, concert or lecture when an admission charge thereto is made. A permit may be 290 obtained upon application to the city council if any such activity is for the benefit of a 291 nonprofit corporation and otherwise not inconsistent with the use of the recreation area 292 and which does not substantially interfere in any manner with the use of the recreation 293 area by the general public.
294

9.50.100 - Sound amplifying devices. 295
296 It is unlawful for any person or persons to use, maintain or permit the use and 297 maintenance of a loud speaker, sound amplifier or other similar device within any 298 recreation area. The city council may by resolution adopt reasonable rules and regulations 299 for the issuance of permits for use of such devices within any recreation area. 300
301
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9.50.110 - Vehicles. 302
303 It is unlawful to use, operate or maintain any vehicle within a recreation area except on 304 streets, roadways or parking areas located therein, unless otherwise prohibited by 305 resolution of the city council.
306

9.50.115 - City skate park regulations. 307
308 (1) The following rules and regulations shall apply to any skate park owned and 309 maintained by the city:
310 (a) Unless modified as hereinafter set forth, the skate park hours shall be from nine 311 a.m. until dusk.
312 (b) Only use of skateboards and inline skates is permitted in the skate park. No 313 bicycles or scooters are allowed.
314 (c) Spectators must remain outside the fenced skate park area. 315 (d) All persons utilizing the skate park must wear a helmet, elbow pads and kneepads. 316 (e) No dogs or animals are allowed in the skate park area. 317 (f) No dogs or animals are allowed in the skate park. 318 (g) Use of amplifiers or amplified music is prohibited. 319 (h) No person shall place additional skate apparatus, obstacles, ramps, or jumps, or 320 jumps within the skate the skate park area.
321 (i) No horseplay, foul language, discourteous behavior, or any conduct that is a 322 nuisance to adjacent properties or persons utilizing adjacent park areas is permitted. 323 (2) The chief of police or any designated peace officer of the city is authorized to modify 324 the hours the park is open or to close the park for serious or repeated violations of the 325 skate park rules for a period not to exceed two weeks. 326 (3) It is unlawful for any person to violate or fail to comply with any of the rules and 327 regulations adopted pursuant to this section or the direction of a peace officer in regard to 328 utilization of the skate park.
329
330
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9.50.120 - Rules and regulations. 331
332 In order to promote the safety, comfort and convenience of persons using any park or 333 recreation area, the council may from time to time by resolution adopt rules and 334 regulations not inconsistent with the provisions of this chapter and make the same 335 applicable generally or to a particular park or recreation area or portion thereof. Such 336 rules and regulations may include regulating the speed of vehicles, establishing 337 campsites, parking areas and areas where parking or driving of vehicles is prohibited, 338 areas where certain games or activities are prohibited, and such other rules and 339 regulations as in the opinion of the council are necessary for the safety, comfort and 340 convenience of persons using such park or recreation area. When such rules and 341 regulations have been adopted and signs erected within the park or recreation area or 342 portions thereof affected thereby informing the public of the substance of such rules and 343 regulations, it is unlawful for any person to fail to comply therewith. 344

9.50.130 - Violations. 345
346 A violation of any provision of this chapter shall be an infraction; provided, however, for 347 the second or any additional violation, within any one-year period, may be treated as a 348 misdemeanor. The maximum fine for the first violation is: Fifty dollars for the first offense; 349 two hundred dollars for the second offense within one year and each subsequent offense 350 within one year shall be five hundred dollars, and imprisonment not exceeding six months, 351 or by both such fine and imprisonment . The prosecuting attorney may treat any third 352 offense occurring within one year as a misdemeanor. 353
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Corey Middleton, Mayor
Prepared by: Cyndy Prohaska, City Clerk
Agenda title: City of Yreka Proclamation United Against Hate Meeting date: August 20, 2024
Discussion: The City Council for the City of Yreka adopted the Proclamation United Against Hate on October 18, 2022, at the request of members of the public. The United Against Hate Organization was created by civil leaders to empower residents to take action in their local communities and build inclusive and equitable communities for all. United Against Hate Week (September 21-27, 2024) is a call for seven days of local civic action by people in every community to stop the hate and implicit biases that are a dangerous threat to the safety of and civility of our neighborhoods, towns, and cities.

Fiscal Impact: None
Recommended Action: A motion to adopt the City of Yreka Proclamation United Against Hate as presented and proclaiming September 21-27, 2024, as United Against Hate Week.

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PROCLA MATION
City of Yreka
Proclamation
United Against Hate
WHEREAS, the City of Yreka was founded on the homeland of Indigenous Tribes, and settled by immigrants from around the world, we seek to protect, honor and uplift the diverse cultural traditions of every citizen, from the original inhabitants of the land, to our newest arrivals, offering good will and equal protection under the law, and WHEREAS, this nation enshrines the principles of equality through its many anti-discrimination Acts, including the 1964 Civil Rights Act, it is incumbent upon us to ensure that all people of our community, regardless, of race, nation of origin, religion, gender identity, sexual orientation, age or disability, enjoy the freedom to work, receive an education, worship, and celebrate without fear, and
WHEREAS, racism and bigotry yield unequal outcomes for housing, education, employment, criminal justice and healthcare, the City’s governing body of elected officials must model inclusive behavior at every opportunity, and
WHEREAS, hate crimes are on the rise around this nation, silence and apathy are inappropriate responses wherever racially motivated, hate based taunting, bullying, verbal abuse, or intimidation are observed. It is a fact that an attack against one individual, or a group of individuals, is a crime against the well-being of this entire community.

WHEREAS, by supporting education to bring understanding and compassion to a population which is ever growing in diversity, we seek to build bridges rather than acquiesce to the politics of fear and divisiveness.

THEREFORE, be it resolved that the Mayor and Members of the City Council of the City of Yreka join the Nation in Proclaiming September 21- 27, 2024, as
“United Against Hate” Week.

The City of Yreka stands steadfast in our commitment to foster an inclusive civil environment where everyone in our community is treated with dignity and respect.

Signed:______________________ Corey Middleton, Mayor City of Yreka Yreka City Council
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Matthew K. Bray, Director of Public Works
Prepared by: Cynthia Lynch, Municipal Projects Manager
Agenda title: Discussion/Possible Action: Adopt a Resolution Accepting a Drinking Water State Revolving Funds (DWSRF) Planning Grant in the Amount of $1,517,000 and Authorizing the Finance Director to Allocate these Funds for the South Yreka Water Supply and Distribution Improvements Project for FY 2024-25 Meeting date: August 20, 2024
Recommendation and Requested Action:

That the Council adopt a Resolution accepting a Drinking Water State Revolving Funds (DWSRF) planning grant in the amount of $1,517,000 and authorizing the Finance Director to allocate these funds for the South Yreka Water Supply and Distribution Improvements Project.

Discussion:

In June 2023 the Council approved Resolution 2023-29 authorizing the City to apply for Drinking Water State Revolving Grant Program construction funds from the California State Water Resources Control Board (SWRCB) for the S. Yreka Water Supply Project and to enter into a funding agreement. PACE Engineering estimated the project cost to be approximately $1,517,000.

The City’s application was approved, and as a result the City is eligible to receive grant funds in the amount of $1,517,000 to use for the planning project.

This planning grant will be used to prepare the necessary Engineering Report, environmental and 30% design documents, and a DWSRF Construction Grant application to fund a construction project that will reconnect the City's existing 250 acre-foot Greenhorn Reservoir and intake facilities to the City's drinking water system, and will include improvements to the intake pump station and construction of approximately 1,000 feet of raw water transmission main and a water treatment plant (WTP). The WTP will include two pressure filters, backwash tank, and chlorination dosing facilities. A small building will be constructed to house the electrical and controls, and the WTP will be integrated into the City's SCADA system for remote monitoring and operations of the facility. In addition, almost 7 miles of water main will be installed to convey treated water to the City's water system. The City’s water system serves 7,826, including the entirety of the Karuk Tribe's reservation land in Yreka. These efforts will boost both the City's and region's drought resiliency.

Fiscal Impact:

There is no immediate fiscal impact to the City. There is no match required for the grant funds.

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RESOLUTION NO 2024-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA ACCEPTING A

DRINKING WATER STATE REVOLVING FUNDS (DWSRF) GRANT IN THE AMOUNT OF $1,517,000 AND AUTHORIZING THE FINANCE DIRECTOR TO

ALLOCATE THESE FUNDS FOR THE SOUTH YREKA WATER SUPPLY AND DISTRIBUTION IMPROVEMENTS PROJECT FOR FY 2024-25
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 been awarded grant funding in the amount of $1,517,000 by the California State Water Resources Control Board, Agreement No. D2302028, for the purpose of planning water system improvements, and
WHEREAS, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) approving agreements is an action 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. Environmental Review to satisfy CEQA requirements for the project will be completed before construction.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

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

Section 2. The City accepts the aforementioned grant funding and the Finance Director is authorized to amend the funding into the 2024-25 Water Capital Projects budget.

Section 4. The City Manager, the Finance Director, and all other proper officers and officials of the City are authorized and directed to execute agreements, other documents and certificates, negotiate changes, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.

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 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 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.

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Passed and adopted August 20, 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

_____________________________
Corey Middleton
Mayor of the City of Yreka
Attest: ________________________
Cyndy Prohaska, City Clerk
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