Yreka City Council
September 17, 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
September 17, 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. 5:30PM CALL TO ORDER CLOSED SESSION:

2. PUBLIC COMMENT:

Public participation is limited to those items listed on the agenda.

If your comments do not concern an item listed on this Agenda, please address the City Council at the next regular meeting.

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

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

This meeting is being livestreamed and can be viewed on Siskiyou Media Council’s YouTube Channel https://www.youtube.com/channel/UCzx2GSYFCrgE5przvnzitXQ Yreka City Council
September 17, 2024

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

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

3. 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

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

5. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:

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

Fire Hall Presentation – City Manager

6. PUBLIC COMMENTS:

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

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

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

This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Agenda. If your comments concern an item listed under the Public Hearing or New Business sections of the Agenda, please address the Council when that item is open for public comment.

Yreka City Council
September 17, 2024

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

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 August 11, 2024, through September 7, 2024. b. Approval of Minutes of the Regular Meeting held August 20, 2024. c. Adoption of Resolution 2024-40 Approving the Sale of Surplus Property through GovDeals Government Surplus.

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

8. OLD BUSINESS: (NONE)

9. PUBLIC HEARINGS:

Public Hearing Protocol:
i. Mayor will describe the purpose of the Public Hearing. ii. City Staff will provide the Staff Report.
iii. City Staff will respond to questions from the City Council. iv. Mayor will open the Public Hearing.
v. Public wanting to comment will come to the podium, provide the City Clerk with their name and address, and provide their comments.
vi. Mayor will close the Public Hearing.
vii. City Council will deliberate and act on the item.

Community Development Director
a. Agenda Title: Wastewater Treatment Plant Improvement Projects Initial Study and Mitigated Negative Declaration.

Recommended City Council Action: Adopt Resolution 2024-41 A Resolution of the City Council of the City of Yreka Adopting A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Wastewater Treatment Plant Improvement Project.

Yreka City Council
September 17, 2024

10. NEW BUSINESS:

Community Development Director
a. Agenda Title: Adoption of Solar Permitting Software in Compliance with Senate Bill 379.

Recommended City Council Action: Motion to direct the City Manager to Authorize Adoption of Symbium’s Automatic Solar Permitting Software in Compliance with Senate Bill 379.

11. CITY MANAGER/STAFF REPORTS:

City Manager and Staff may make brief announcements or reports at this time.

12. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

AB 1234* Conference and Meeting Report (verbal, if any) *(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) Members of the Council may make brief announcements, reports, or request staff to report to the Council on any matter at a subsequent meeting.

13. ADJOURNMENT:

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

Public Hearings: If you wish to challenge in court any of the matters on an agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Any person seeking to challenge a City Council decision made as a result of a proceeding in which by law a hearing is required to be given, evidence is 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
Yreka City Council
September 17, 2024

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 September 17, 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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September 17, 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 MINUTES
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:

The meeting was called to order at 5:35 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
September 17, 2024

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:

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:

The meeting was called to order at 6:37 pm.

There was no reportable action in closed session.

It was noted that Councilmember Kegg recused himself from closed session item 3b due to his economic interest with a piece of property nearby.

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.

Yreka City Council
September 17, 2024

6. PUBLIC COMMENTS:

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

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

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

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

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

Public comment was received by: Andreas Economopolis

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.

Consent Agenda item 7d was removed from the agenda with a request that the item be brought back to the September 17th City Council meeting.

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

Yreka City Council
September 17, 2024

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

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.

Direction was given to the City Manager to explore the options of opening an urban campground and to look at successful urban campgrounds from other communities.

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.

Motion to Approve Resolution 2024-38 of the City Council of the City of Yreka Establishing Procedures for the Notice, Removal and Storage of Personal Property at Encampments and Finding Such Action Exempt from CEQA to include the changes recommended by our city attorney: On page 68 under paragraph 2, section A post the notice to vacate at east 72 hours before the beginning of the encampment removal. On page 69, Section 4, add a paragraph G that reads that it is to include the manner for requesting reasonable accommodations under ADA. On page 69, under section D, Section 6, any personal property that is collected should be stored in a secured location by the City for not less than 120 days then discarded if not claimed.

MOTIONED: Councilmember Baker
SECOND: Councilmember Kegg
AYES: Councilmembers Baker, Kegg, Middleton, & Davis
NO’s: Councilmember McCoy
The motion passes.
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 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 Yreka City Council
September 17, 2024

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.

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 with a request that the Ordinance take effect starting November 1, 2024.

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

Public comment for Agenda Items 8a, 8b & 8c was received by: Dawnmarie Autry, Lorenzo Love, Tara Kilcollins, Jerry Stacher, Ed Harris, Andreas Economopolis, Scott Taylor, Dian Collier, Jess Harris, Louise Gliatto, Luther Finley, and Guy Scott

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.

Motion to adopt the City of Yreka Proclamation United Against Hate as Presented and Proclaiming September 21-27, 2024, as United Against Hate Week
Public comment was received by: Andreas Economopolis, Louise Gliatto, Lori Kaiser Boswell, Dawnmarie Autry, and Ed Harris
MOTIONED: Councilmember McCoy
Yreka City Council
September 17, 2024

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

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.

No public comment was received.

Motion to Adopt 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.

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

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 Kegg gave an update.

Councilmember Middleton requested an update on the closure of the entrance to the greenway located by Mt. Shasta Title Company.

13. ADJOURNMENT:

The meeting was adjourned at 10:07 pm.
____________________________
Corey Middleton, Mayor
Minutes approved by City Council
Motion on September 17, 2024
__________________________
Cyndy Prohaska, City Clerk
Yreka City Council
September 17, 2024

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 GovDeals Government Surplus Meeting date: September 17, 2024
Discussion:

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

Fiscal Impact:

The sale of this equipment 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 equipment as surplus property and authorizing the sale by the City Manager.

EQUIPMENT
# YEAR MAKE MODEL VIN / SERIAL #
321 1986 CATERPILLAR 140G GRADER 72V09585
Approved by: __________________________________
Jason Ledbetter, City Manager Page 1 of 1
Yreka City Council
September 17, 2024

RESOLUTION NO 2024-40

RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF YREKA FINDING CERTAIN CITY EQUIPMENT AS SURPLUS PROPERTY

AND AUTHORIZING SALE BY THE CITY MANAGER
WHEREAS, the City Manager has requested that certain City equipment be declared surplus property for possible sale or disposal, as it is no longer needed and/or is 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 equipment is 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 #
321 1986 CATERPILLAR 140G GRADER 72V09585
The City Council hereby expressly determines that said equipment is no longer required and that the same have no historical value.

Passed and adopted this 17th day of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

Corey Middleton, Mayor
ATTEST:

Cyndy Prohaska, City Clerk
Yreka City Council
September 17, 2024

CITY OF YREKA

AGENDA MEMORANDUM
Prepared by: Juliana Lucchesi, AICP, Community Development Director Agenda Title: Public Hearing: Wastewater Treatment Plant Improvement Projects Initial Study and Mitigated Negative Declaration Meeting date: September 17, 2024
Recommended Action:

Motion to adopt City Council Resolution No. 2024-41 “A Resolution Of The City Council Of The City Of Yreka Adopting A Mitigated Negative Declaration And Mitigation Monitoring And Reporting Program For The Wastewater Treatment Plant Improvement Project”
Summary:

The City of Yreka provides municipal wastewater collection and treatment services to users within the city’s wastewater services boundary. The City’s Wastewater Treatment Plan (WWTP), wastewater disposal fields, and Lift Stations (LS) are critical pieces of infrastructure to accommodate the safe delivery and treatment of wastewater before the water returns to the natural watershed. The WWTP and accompanying features require improvements to meet the state requirements for effluent quality and address aging wastewater infrastructure. An Initial Study and Mitigated Negative Declaration have been prepared pursuant to the California Environmental Quality Act (CEQA) to identify and address potential impacts to the environment that could occur due to the improvement activities.

Background:

The City of Yreka Municipal Wastewater/Sewer System relies on several critical pieces of infrastructure for the conveyance and treatment of wastewater. The Wastewater Treatment Plant (WWTP) Improvement Project includes improvements to the WWTP facility, wastewater disposal fields, and Lift Stations.

Wastewater Treatment Plant
The WWTP is located along Highway 263 on the north end of the city. The plant was originally constructed in 1972 with subsequent improvements to the facility in 2003 and 2014. The WWTP is an activated sludge facility designed to accommodate 1.0 million gallons per day (MGD) and peak wet weather flows Yreka City Council
September 17, 2024

(PWWF) capacity of 6.8 MGD. Raw sewage enters the headworks for processing into disinfected effluent which is discharged into the subsurface disposal fields.

Wastewater Disposal Fields
The treated effluent is pumped from the WWTP north to a subsurface disposal field.

The disposal field is divided into 29 zones over 27 acres. The disposal field conveys effluent to various areas of the field to ensure the effluent is not concentration in one area. The effluent then percolates into the soil. Excess effluent is conveyed to a pond during high flow periods.

Lift Stations
The City operates four small lift stations (LS) on the eastern region of the City. Lift Station Nos. 1 through 4 are located along State Route 3, Yreka Ager Road, Phillipe Lane, and Foothill Drive. Raw wastewater is pumped consecutively from one lift station to the next conveying wastewater generated from the industrial properties along Phillipe Lane to the gravity sewer located on Highway 3 near Jasper Place that then flows to the City’s WWTP.

Project Description:

The proposed improvements analyzed in this environmental document including upgrades to the headworks; replacement of surface aerators and diffusers; improvements to the secondary clarifiers; electrical improvements; installation of a fiber optic line from the corporation yard to the control building; expansion and renovation of the control building; demolition of the chlorine contact basin, filtration facility, and SOMAT facility; construction of a new disinfection facility and a new filtration building; installation of a sludge dewatering facility; replacement of the lift station; and installation of supervisory control and data acquisition (SCADA) equipment.

Improvements in the disposal fields include replacement of the control building, moisture sensors, solenoid control valves, and concrete valve boxes, installation of new electrical conduit and pull boxes, and installation of a roof mounted antenna on the new control building. At the lift stations, antennas on groundmounted poles, cables, and radios would be installed, and minor modifications would be made to the existing control panels to support the SCADA system.

Project Location:

The WWTP and disposal fields are located generally east of State Route (SR) 263 (North Main Street), west of Yreka Creek, and north of SR 3 (Montague Road).

Yreka City Council
September 17, 2024

LS 1 is located northwest of the intersection of Helweg Court and SR 3; LS 2 is located north of SR 3, east of Quarry Court; LS 3 is located on the east side of North Phillipe Lane, ~0.3 miles north of SR 3; and LS 4 is located on the west side of South Phillipe Lane, ~0.3 miles south of SR 3.

Environmental Review:

The City of Yreka, as Lead Agency, has prepared this Initial Study to provide the general public and interested public agencies with information about the potential environmental impacts of the Wastewater Treatment Plant Improvement Project. This Initial Study has been prepared in accordance with the California Environmental Quality Act (CEQA), codified in California Public Resources Code §21000 et seq., and the State CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3). Pursuant to these regulations, this Initial Study identifies potentially significant impacts and, where applicable, includes mitigation measures that would reduce all identified environmental impacts to less-than-significant levels. This Initial Study supports a Mitigated Negative Declaration (MND) pursuant to CEQA Guidelines §15070.

The City intends to apply for funding through the State Water Resources Control Board (SWRCB) Clean Water State Revolving Fund (CWSRF) Program, partially funded by the U.S. Environmental Protection Agency (USEPA). In accordance with the Operating Agreement between the SWRCB and USEPA, and the State Environmental Review Process, this Initial Study has been prepared to address certain federal environmental regulations (federal cross-cutters), including regulations guiding the General Conformity Rule for the federal Clean Air Act (CAA), the federal Endangered Species Act (FESA), and the National Historic Preservation Act (NHPA). These requirements are addressed in Section 4.4 (Air Quality), Section 4.5 (Biological Resources), and Section 4.6 (Cultural Resources) of this Initial Study.

Staff Recommendation:

City Staff recommend the City Council hold a public hearing to collect any public comments. Once the public hearing has closed, City Staff recommend adoption of the proposed MND for the Wastewater Treatment Plant Improvement Project.

Attachments:

1. City Council Resolution No. 2024-41 “A Resolution Of The City Council Of The City Of Yreka Adopting A Mitigated Negative Declaration And Mitigation Monitoring And Reporting Program For The Wastewater Treatment Plant Improvement Project”

2. August 20, 2024 Letter From ENPLAN
Yreka City Council
September 17, 2024

3. Mitigation Monitoring and Reporting Program
Referenced Documents:

City of Yreka Wastewater Treatment Improvement Project Initial Study and Mitigated Negative Declaration
Yreka City Council
September 17, 2024

RESOLUTION NO. 2024-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA ADOPTING A

MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING AND REPORTING PROGRAM FOR THE

WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT
WHEREAS, in accordance with California Public Resources Code Division 13 (California Environmental Quality Act [CEQA]), and California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines), an Initial Study and Mitigated Negative Declaration (IS/MND) for the City of Yreka (City) Wastewater Treatment Plant Improvement project (project) were prepared and made available to the general public and interested agencies for a 30-day review period; and WHEREAS, the City published a Notice of Availability/Notice of Intent to Adopt the IS/MND in the local newspaper and submitted the notice and IS/MND to the State Clearinghouse (SCH No. 2024070645) for circulation to State agencies. The local public review period and the agency review period managed by the State Clearinghouse ended August 19, 2024; and WHEREAS, the City Council conducted a duly noticed public meeting on September 17, 2024, at which time comments regarding the environmental determination for the project were considered; and
WHEREAS, the custodian of the documents and all other materials that constitute the record of proceedings upon which the City based its decision regarding adoption of a MND for the project is the City of Yreka, located at 701 Fourth Street, Yreka, California.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The City Council hereby finds and determines that:
a. The foregoing recitals are true and correct.
b. The IS/MND provides a comprehensive evaluation of the project, adequately describes potential impacts to the environment, and was prepared in accordance with the requirements of CEQA and the CEQA Guidelines.
c. Based on the whole record (including the IS/MND, comments submitted to the City, and all supporting documentation), and the mitigation measures incorporated into the project, the City Council has determined that there is no substantial evidence in the record that the project will have a significant effect on the environment. d. The MND, with its supporting documentation, reflects the independent judgment and analysis of the City, which is the CEQA lead agency for the project. e. The monitoring and reporting of CEQA mitigation measures for the project will be conducted in accordance with the attached Mitigation Monitoring and Reporting Yreka City Council
September 17, 2024

Program (MMRP). Adoption of the MMRP constitutes fulfillment of the CEQA monitoring and reporting requirements set forth in §15074(d) of the CEQA Guidelines.

2. The City Council hereby adopts an environmental determination of Mitigated Negative Declaration pursuant to §15074 of the CEQA Guidelines, finding that the project will not have a significant adverse effect on the environment that could not be mitigated.

3. The City Council hereby adopts the attached MMRP pursuant to §15074(d) of the CEQA Guidelines.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Yreka in a meeting thereof held on September 17, 2024, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Signature: ____________________________________ Date: ______________________ Corey Middleton, Mayor, City of Yreka
ATTEST:

Signature: ____________________________________ Date: ______________________ Cyndy Prohaska, City Clerk, City of Yreka
Yreka City Council
September 17, 2024

032-84
August 20, 2024
Juliana Lucchesi, AICP, Community Development Director
City of Yreka
701 Fourth Street
Yreka, CA 96097
SUBJECT: City of Yreka Wastewater Treatment Plant Improvements Project: Public and Agency Comments, Mitigation Monitoring and Reporting Program, Draft City Council Resolution Adopting CEQA Documentation
In accordance with the California Environmental Quality Act (CEQA) (California Public Resources Code §21000 et seq.) and CEQA Guidelines (California Code of Regulations §15000 et seq.), an Initial Study/Mitigated Negative Declaration (IS/MND) for the City of Yreka Wastewater Treatment Plant Improvements Project (project) was prepared and made available to the general public and interested agencies for a 30-day public review period.

The local public review period and the agency review period managed by the State Clearinghouse ended on August 19, 2024.

Pursuant to CEQA §21091(d)(1), the lead agency must consider comments it receives on a draft environmental impact report (DEIR), proposed negative declaration (ND), or proposed MND if those comments are received within the public and agency review period. In accordance with §15088 of the CEQA Guidelines, the lead agency shall respond to comments that raise significant environmental issues.

Comments on the IS/MND were submitted by two agencies during the comment period: the California Department of Transportation (Caltrans) and the California Department of Fish and Wildlife (CDFW).

As indicated in attached Comment Letter 1, Caltrans states that they have no comments or concerns with the project as currently proposed. As indicated in attached Comment Letter 2, CDFW states that the IS/MND includes appropriate information addressing California special-status species that have the potential to occur in the project area, and the avoidance and minimization measures appear adequate in avoiding and minimizing potentially significant impacts on biological resources.

Because neither Caltrans nor CDFW provided specific comments or concerns related to the IS/MND, no responses are necessary.

Attached are a draft Resolution for adoption by the Yreka City Council, and a Mitigation Monitoring and Reporting Program (MMRP), which is an attachment to the Resolution.

Please feel free to contact me at 530.221.0440, ext. 7112, or [email protected] if you have any questions or require additional information.

Sincerely,
Carla L. Thompson, AICP
Senior Environmental Planner
Enclosures:
 Comment Letters
 City Council Resolution of Approval
 Mitigation Monitoring and Reporting Program
Yreka City Council
September 17, 2024

1 From: Battles, Michael@DOT <[email protected]> Sent: Wednesday, August 14, 2024 2:56 PM
To: Juliana Lucchesi <[email protected]>
Cc: Grah, Kathy M@DOT <[email protected]>; Clark, Skip@DOT <[email protected]>; Babcock, Kelly M@DOT <[email protected]>
Subject: Yreka Wastewater Treatment Plant Improvements---Caltrans District 2 Comments Good afternoon,
Thank you for the opportunity to review and comment on the IS/MND for the proposed improvements project to the Yreka Wastewater Treatment Plant. Caltrans District 2 staff have no comments or concerns with the project as currently proposed. Please let me know if you have any questions.

Sincerely,
Mike Battles
Local Development Review Coordinator
Caltrans District 2
COMMENT LETTER 1
California Department of Transportation
Yreka City Council
September 17, 2024

State of California Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Northern Region
601 Locust Street
Redding, CA 96001
www.wildlife.ca.gov
August 15, 2024
Juliana Lucchesi
Community Development Director
City of Yreka Community Development Department
701 Fourth Street
Yreka, CA 96097
[email protected] SUBJECT: YREKA WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT, STATE CLEARINGHOUSE NUMBER: 2024070645
Dear Juliana Lucchesi:

The California Department of Fish and Wildlife (CDFW) has reviewed the draft Initial Study and Mitigated Negative Declaration (ISMND), dated July 2024, for the Yreka Wastewater Treatment Plant Improvements Project which proposes improvements to the wastewater disposal fields, and Lift Stations (LS) 1, 2, 3, and 4, located in Yreka, Siskiyou County (Project). The Project includes i Plant (WWTP), wastewater disposal fields, and Lift Stations (LS) 1, 2, 3, and 4.

Improvements at the WWTP include upgrades to the headworks; replacement of surface aerators and diffusers; improvements to the secondary clarifiers; electrical improvements; installation of a fiber optic line from the corporation yard to the control building; expansion and renovation of the control building; demolition of the chlorine contact basin, filtration facility, and SOMAT facility; construction of a new disinfection facility and a new filtration building; installation of a sludge dewatering facility; replacement of the lift station; and installation of supervisory control and data acquisition (SCADA) equipment.

Improvements in the disposal fields include replacement of the control building, moisture sensors, solenoid control valves, and concrete valve boxes, installation of new electrical conduit and pull boxes, and installation of a roof mounted COMMENT LETTER 2
Yreka City Council
September 17, 2024

Juliana Lucchesi, Community Development Director
August 15, 2024

antenna on the new control building. At the lift stations, antennas on groundmounted poles, cables, and radios would be installed, and minor modifications would be made to the existing control panels to support the SCADA system.

The WWTP and disposal fields are located generally east of State Route (SR) 263 (North Main Street), west of Yreka Creek, and north of SR 3 (Montague Road), LS 1 is located northwest of the intersection of Helweg Court and SR 3; LS 2 is located north of SR 3, east of Quarry Court; LS 3 is located on the east side of North Phillipe Lane, ~0.3 miles north of SR 3; and LS 4 is located on the west side of South Phillipe Lane, ~0.3 miles south of SR 3.

Trustee Agency
for fish and wildlife resources under the California Environmental Quality Act, California Public Resources Code Section 21000 et seq. Additionally, as a state Responsible Agency, CDFW administers the California Endangered Species Act and wildlife public trust resources.

The ISMND includes appropriate information addressing California special status species that have the potential to occur in the Project area. The avoidance and minimization measures discussed throughout the ISMND appear adequate in avoiding and minimizing potentially significant impacts to biological resources therefore, CDFW has no comments pertaining to the Project as it is described in the ISMND.

CDFW appreciates the opportunity to comment on the ISMND and to assist the Lead Agency in adequately avoiding and minimizing impacts to biological resources. If you have any questions, please contact Colton Trent, Environmental Scientist, by email at [email protected]. Submitting Data CEQA requires that information developed in environmental documents be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Public Resources Code, § 21003, subd. (e).) Accordingly, please report to the California Natural Diversity Database any special status species and natural communities detected during surveys. This link accesses the CNNDB field survey form1 and additional 1 http://www.dfg.ca.gov/biogeodata/cnddb/pdfs/CNDDB_FieldSurveyForm.pdf Yreka City Council
September 17, 2024

Juliana Lucchesi, Community Development Director
August 15, 2024

information on the type of information reported to CNDDB2. The completed form can be sent electronically to: [email protected]
Sincerely,
Tina Bartlett, Regional Manager
Northern Region
ec: Colton Trent
[email protected]
2 http://www.dfg.ca.gov/biogeodata/cnddb/plants_and_animals.asp Yreka City Council
September 17, 2024

MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YREKA

WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT

INTRODUCTION
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines to provide for the monitoring of mitigation measures required of the City of Yreka Wastewater Treatment Plant Improvement Project (project) as set forth in the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the project.

Section 15074(d) of the CEQA Guidelines requires public agencies to adopt a program for monitoring or reporting on revisions to a project and the measures it has imposed to mitigate or avoid significant environmental effects. An MMRP is required for the proposed project because the IS/MND for the project identified potentially significant adverse impacts related to the implementation of proposed activities, and mitigation measures have been identified to reduce those impacts to a less-than-significant level.

CITY OF YREKA ADOPTION OF THE MMRP
If the City, as lead agency, decides to approve the project, it must concurrently adopt the MMRP. The MMRP will be kept on file at the Yreka City Hall, 701 Fourth Street, Yreka, CA 96097.

PURPOSE OF THE MMRP
The purpose of the MMRP is to ensure the effective implementation and enforcement of adopted mitigation measures. Mitigation is defined by CEQA Guidelines Section 15370 as a measure that does any of the following:
 Avoids impacts altogether by not taking a certain action or parts of an action.  Minimizes impacts by limiting the degree or magnitude of the action and its implementation.
 Rectifies impacts by repairing, rehabilitating, or restoring the impacted environment.  Reduces or eliminates impacts over time by preservation and maintenance operations during the life of the project.
 Compensates for impacts by replacing or providing substitute resources or environments.

ROLES AND RESPONSIBILITIES
Unless otherwise specified herein, the City is responsible for taking all actions necessary to implement the mitigation measures according to the specifications provided for each measure and for demonstrating that the action has been successfully completed. The City will be responsible for monitoring implementation of the mitigation measures and for verifying that City staff or a qualified contractor has completed the necessary actions for each measure. The City will designate a project manager to oversee the MMRP during the project implementation period. Duties of the project manager include the following:

Yreka City Council
September 17, 2024

Mitigation Monitoring and Reporting Program
City of Yreka Wastewater Treatment Plant Improvement Project 2  Ensure that routine inspections of the project’s actions are conducted.  Serve as liaison between the City and City’s contractor regarding mitigation monitoring issues (if appropriate).
 Complete forms and maintain records and documents required by the MMRP.  Coordinate and ensure that corrective actions or enforcement measures are taken, if necessary.

MMRP SUMMARY TABLE
The MMRP table identifies the mitigation measures proposed for the project. These mitigation measures are reproduced from the IS/MND and are conditions of approval for the project. The table has the following columns:
 Mitigation Measure: Lists the mitigation measures identified within the IS/MND, as amended, for a specific impact, along with the number for each measure as enumerated in the IS/MND.
 Monitoring Action: Identifies what actions the City shall take to comply with the mitigation measure.
 Monitoring Timing/Frequency: Identifies at what point in time, review process, or phase the mitigation measure will be completed.
 Date Checked/By Whom: Space to be initialed and dated by the individual designated to verify adherence to a specific mitigation measure.

CONCLUSION
The MMRP contained herein will provide for monitoring of construction activities as necessary, on-site identification and resolution of environmental problems, and proper reporting by the City.

The MMRP is to be used by City staff, participating agencies, project contractors, and mitigation monitoring personnel during implementation of the project. The MMRP and any related supporting documentation shall be maintained in the project file and be made available to the public upon request.

Yreka City Council
September 17, 2024

BC = Before Construction DC = During Construction AC = After Construction City of Yreka Wastewater Treatment Plant Improvement Project Page 1 of 12 Mitigation Monitoring and Reporting Program
City of Yreka Wastewater Treatment Plant Improvement Project Mitigation Measure Monitoring Action Monitoring Timing/Frequency Completion Date Initials
Air Quality
MM 4.3.1
The following measures shall be implemented to reduce
short-term air quality impacts during construction:
a. All material excavated, stockpiled, or graded shall be sufficiently watered to prevent fugitive dust from
leaving property boundaries and causing a public
nuisance or a violation of ambient air quality standards.

Watering shall occur as needed, preferably twice daily
in the mid-morning and after work is completed each
day, with care given to work areas with bare soil,
b. All areas (other than paved roads) with vehicle traffic shall be watered periodically or have dust palliatives
applied for stabilization of dust emissions.
c. All on-site vehicles shall be limited to a speed of 15 miles per hour on unpaved roads.
d. All land clearing, grading, earth moving, and
excavation activities on the project site shall be
suspended when winds are causing excessive dust
generation.
e. All trucks hauling dirt, sand, soil, or other loose
materials shall be covered or shall maintain at least two feet of freeboard in accordance with the requirements
of Section 23114 of the California Vehicle Code.
f. Paved streets in and adjacent to the construction site shall be swept or washed at the end of the day (or
more frequently if needed) to remove excessive
accumulations of silt and/or mud resulting from
activities on the development site.
g. When not in use, motorized construction equipment
shall not be left idling for more than five minutes.

BC
 Confirm mitigation measure
is included in construction
contract.

DC
 Field check to ensure
compliance with the
mitigation measure.

BC
 One-time check of construction
contract.

DC
 Field check as needed to
ensure compliance.

Yreka City Council
September 17, 2024

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h. All construction equipment shall be maintained and
properly tuned in accordance with manufacturer’s
specifications.

Responsibility: City of Yreka (City)
MM 4.3.2
Prior to demolition and expansion of structures at the
WWTP, a comprehensive survey shall be completed in
locations where asbestos and lead-based paint are
suspected. Removal, handling, and disposal of material
containing asbestos or lead-based paint must be
conducted in accordance with National Emission Standard for Hazardous Air Pollutants (NESHAP), California
Occupational Health and Safety Administration
(Cal/OSHA), and other applicable federal, State, and local regulations.

Responsibility: City
BC
 Confirm mitigation measure
is included in construction
contract.
 Check survey documentation
provided regarding the
presence/absence of
asbestos and lead-based
paint.

DC
 Field check to ensure
compliance with mitigation
measure.

BC
 One-time check of construction
contract.
 One-time check of the survey
documentation.

DC
 Field check as needed to
ensure compliance.

MM 4.3.3
In the event that previously undetected asbestos or leadcontaining materials are discovered during construction, activities that may affect the materials shall cease until results of additional surveys are reviewed. Alternatively, the City of Yreka can assume that the materials are
hazardous. Any identified hazardous materials shall be
disposed of in accordance with applicable hazardous waste regulations.

Responsibility: City
BC
 Confirm mitigation measure
is included in construction
contract.

DC
 Field check to ensure
compliance with the
mitigation measure.

BC
 One-time check of construction
contract.

DC
 Field check as needed to
ensure compliance.

Yreka City Council
September 17, 2024

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Biological Resources
MM 4.4.1
The monarch butterfly is currently designated as a
candidate species for federal listing under the Federal Endangered Species Act. If the western migratory
population of the monarch butterfly remains a candidate or is formally designated as proposed, threatened, or
endangered at the time of construction, the following
measures shall be implemented as applicable:
a. A field survey shall be undertaken in early to mid-May (prior to arrival of the butterflies) to determine if
milkweeds (Asclepias spp.) are present in or adjacent
to the work area. If no milkweeds are present, no
further action is required.
b. If milkweeds are present in or adjacent to the work
area and can be avoided during construction,
temporary high-visibility indicators such as marking
whiskers, pin flags, stakes with flagging tape, or other markers shall be established to protect the plants; the markers/flags shall be maintained in good condition
throughout the duration of construction.
c. If the milkweeds cannot be avoided, then they shall be removed as early in the season as possible. If
monarchs arrive in the general project area prior to
removal of the milkweeds, a biologist shall inspect
each milkweed for the presence of monarch butterfly
eggs, larvae, and pupae prior to plant removal. If
monarch butterfly eggs, larvae, or pupae are present,
the milkweed shall not be removed until the biologist
determines that the milkweed is no longer hosting the
monarch butterfly. This may require rescheduling of
construction in those areas supporting milkweeds.
d. If removal of milkweeds is required at any time during the pre-construction or construction periods, one of the following options shall be implemented:
i. If, prior to project initiation, the U.S. Fish and
Wildlife Service (USFWS) approves a mitigation
banking or in-lieu fee program to offset impacts to
BC
 Confirm mitigation measure
is included in construction
contract.
 Check pre-construction
survey documentation
regarding the
presence/absence of
milkweeds.

DC
 If milkweeds are observed
during the pre-construction
surveys and can be avoided
during construction, confirm
installation of temporary
high-visibility indicators at
locations determined during
the pre-construction survey.
 If milkweeds cannot be
avoided during construction,
confirm removal of the
milkweeds following the
biologist’s determination in
accordance with the
mitigation measure.
 If milkweeds are removed at
any time during preconstruction or construction,
ensure one of the two
options is implemented in
accordance with the
mitigation measure:

BC
 One-time check of construction
contract.
 One-time check of preconstruction survey
documentation.

DC
 Field check high-visibility
indicators as needed if full
avoidance is feasible.
 One-time field check of removal
of milkweeds if avoidance is not
feasible.
 If milkweeds are removed,
ensure one of the two:

Option 1:
o One-time check of proof of
purchase of mitigation
credits.

Option 2:
o Field check as needed to
ensure milkweeds are
reestablished.
o Annual inspections and
additional seeding/planting
(if necessary) until success
criterion is met.
o Annual check of
documentation submittal to
federal lead agency until
success criterion is met.

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September 17, 2024

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the monarch butterfly, credits shall be purchased or
fees paid at an amount/ratio acceptable to the
USFWS. Proof of purchase shall be provided to
the federal lead agency prior to project completion.
ii. If no mitigation banking or in-lieu fee program is
approved by the USFWS prior to project initiation,
milkweeds shall be reestablished in the immediate
area in the fall or spring following completion of
construction. This shall be accomplished by
planting seeds or rooted milkweed seedlings. The
planted milkweeds shall be of the same species as
those removed. Planting shall be conducted at a
sufficiently high ratio to ensure success, which is
defined as establishing at least one milkweed plant
per milkweed plant removed as determined
through field monitoring one year after the
milkweed planting is undertaken. If the minimum
success ratio is not met, milkweed seeding/planting
shall continue in successive years until the success
criterion is met. Documentation regarding
milkweed reestablishment and success shall be
provided to the federal lead agency on an annual
basis until the success criterion is met.

Responsibility: City
Option 1:
o Confirm submittal of proof
of purchase of mitigation
credits to federal lead
agency.

Option 2:
o Confirm milkweeds are
reestablished and
monitored in accordance
with the mitigation
measure.

MM 4.4.2
In order to avoid impacts to nesting birds and raptors
protected under the federal Migratory Bird Treaty Act
(MBTA) and California Fish and Game Code §3503 and
§3503.5, including their nests and eggs, one of the
following shall be implemented:
a. Vegetation removal and other ground-disturbance
activities associated with construction shall occur
between September 1 and January 31, when birds are
not nesting; or
b. If vegetation removal or ground disturbance activities occur during the nesting season, a pre-construction
nesting survey shall be conducted by a qualified
BC
 Confirm mitigation measure
is included in construction
contract.
 If vegetation removal or
construction occur between
February 1 and August 31,
check pre-construction
survey report provided by
biologist regarding the
presence/absence of active
nests.

BC
 One-time check of construction
contract.
 One-time check of biologist’s
documentation and submittal to
CDFW.

Yreka City Council
September 17, 2024

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biologist to identify active nests in and adjacent to the work area.

The survey shall account for acoustic impacts and lineof-sight disturbances occurring as a result of the project in order to determine a sufficient survey radius to avoid nesting birds. At a minimum, the survey report shall
include a description of the area surveyed, date and
time of the survey, ambient conditions, bird species
observed in the area, a description of any active nests observed, any evidence of breeding behaviors (e.g.,
courtship, carrying nest materials or food, etc.), and a description of any outstanding conditions that may
have impacted the survey results (e.g., weather
conditions, excess noise, the presence of predators,
etc.).

The results of the survey shall be submitted to the
California Department of Fish and Wildlife (CDFW)
upon completion. The survey shall be conducted no
more than one week prior to the initiation of
construction. If construction activities are delayed or suspended for more than one week after the preconstruction survey, the site shall be resurveyed.

If active nests are found, appropriate actions shall be implemented to ensure compliance with the Migratory
Bird Treaty Act and California Fish and Game Code.

Compliance measures may include, but are not limited
to, exclusion buffers, sound-attenuation measures,
seasonal work closures based on the known biology
and life history of the species identified in the survey, as well as ongoing monitoring by biologists.

Responsibility: City
 Confirm submittal of preconstruction survey report to CDFW.

DC
 If active nests are present,
monitor implementation of
nest protection measures
recommended by the
biologist.

DC
 If active nests are present,
monitor nest protection
measures at the frequency
specified by the qualified
biologist.

Yreka City Council
September 17, 2024

BC = Before Construction DC = During Construction AC = After Construction City of Yreka Wastewater Treatment Plant Improvement Project Page 6 of 12 Mitigation Measure Monitoring Action Monitoring Timing/Frequency Completion Date Initials
MM 4.4.3
Potential impacts to montane riparian habitat in the project site shall be avoided by installing high-visibility markers along the outer edges of the construction zone adjacent to montane riparian habitat at the wastewater treatment plant site. The high-visibility markers shall consist of marking whiskers, pin flags, stakes with flagging tape, or similar markers; marker locations shall be determined by a
qualified biologist in consultation with the project engineer and the City of Yreka. No construction activities (e.g., clearing, grading, trenching, etc.), including vehicle parking and materials stockpiling, shall occur within the marked area. The exclusionary markers shall be periodically
inspected during the construction period to ensure the
markers are properly maintained. The markers shall be
removed upon completion of work.

Responsibility: City
BC
 Confirm mitigation measure
is included in construction
contract.
 Confirm installation of highvisibility indicators at locations determined by a
qualified biologist.

DC
 Field check to ensure that
high-visibility indicators are
maintained throughout the
construction period.

AC
 Field check to ensure
removal of high-visibility
indicators.

BC
 One-time check of construction
contract.
 One-time field check to confirm
installation of high-visibility
indicators.

DC
 Weekly field checks to ensure
that high-visibility indicators are
maintained.

AC
 One-time field check to ensure
removal of high-visibility
indicators.

MM 4.4.4
The potential for introduction and spread of noxious
weeds shall be avoided/minimized by:
a. Using only certified weed-free erosion control
materials, mulch, and seed;
b. Limiting any import or export of fill material to material that is known to be weed free; and
c. Requiring the construction contractor to thoroughly
inspect and clean construction equipment prior to
entering and upon leaving the job site. All equipment
and vehicles shall be washed off-site at a commercial
facility when possible. If off-site washing is not
feasible, an on-site cleaning station shall be set up at a specified location. Either high-pressure water or air will be used to clean equipment. The cleaning station shall
be located away from sensitive biological resources,
and wastewater from the cleaning station shall not be
allowed to run off the cleaning station site.

BC
 Confirm mitigation measure
is included in construction
contract.

DC
 Field check to confirm
compliance with mitigation
measure.

BC
 One-time check of construction
contract.

DC
 Field check as needed to
ensure compliance.
 Check documentation at outset
of project, as additional
equipment is deployed, and as
equipment is removed from the
job site.

Yreka City Council
September 17, 2024

BC = Before Construction DC = During Construction AC = After Construction City of Yreka Wastewater Treatment Plant Improvement Project Page 7 of 12 Mitigation Measure Monitoring Action Monitoring Timing/Frequency Completion Date Initials
Construction equipment shall be cleaned of dirt and
mud that could contain invasive plants, roots, or seeds; tracks, outriggers, tires, and undercarriages shall be
carefully washed, with special attention being paid to
axles, frames, cross members, motor mounts,
underneath steps, running boards, and front
bumper/brush guard assemblies. Other construction
vehicles (e.g., pick-up trucks) that will be frequently entering and exiting the site shall be inspected and
washed on an as-needed basis.

Responsibility: City
MM 4.4.5
To prevent the inadvertent entrapment of wildlife, the
construction contractor shall ensure that at the end of each workday trenches and other excavations that are over one foot deep have been backfilled or covered with plywood or other hard material. If backfilling or covering is not
feasible, one or more wildlife escape ramps constructed of earth fill or wooden planks shall be installed in the open trench. Pipes shall be inspected for wildlife prior to
capping, moving, or placing backfill over the pipes to
ensure that animals have not been trapped. If animals
have been trapped, they shall be allowed to leave the area unharmed.

Responsibility: City
BC
 Confirm mitigation measure
is included in construction
contract.

DC
 If wildlife is encountered in
trenches or pipes, ensure the
animal has left the work site
before commencing
construction.
 Field inspection of trenches
and pipes outside of
construction work hours.

BC
 One-time check of construction
contract.

DC
 Field check as needed to
ensure compliance.

Cultural Resources
MM 4.5.1
In the event of any inadvertent discovery of cultural
resources (i.e., burnt animal bone, midden soils, projectile points or other humanly modified lithics, historic artifacts, etc.), all work within 50 feet of the find shall be halted until a professional archaeologist can evaluate the significance of the find in accordance with PRC §21083.2(g) and
§21084.1, and CEQA Guidelines §15064.5(a). If any find is determined to be significant by the archaeologist, City of Yreka staff shall meet with the archaeologist to determine BC
 Confirm mitigation measure
is included in construction
contract.

DC
 If any cultural resources are
encountered, confirm all
construction activities stop
within the affected area and
BC
 One-time check of construction
contract.

DC
 Field check as needed to
confirm temporary construction
stoppage within the buffer zone.

Yreka City Council
September 17, 2024

BC = Before Construction DC = During Construction AC = After Construction City of Yreka Wastewater Treatment Plant Improvement Project Page 8 of 12 Mitigation Measure Monitoring Action Monitoring Timing/Frequency Completion Date Initials
the appropriate course of action. If necessary, a Treatment Plan prepared by an archeologist outlining recovery of the resource, analysis, and reporting of the find shall be
prepared. The Treatment Plan shall be reviewed and
approved by the City prior to resuming construction.

Responsibility: City
a qualified archaeologist is
contacted.
 If a Treatment Plan is
prepared, confirm that it has
been approved by the City
prior to resumption of
construction.
 One-time check of Treatment
Plan approval (if a plan is
prepared).
 The archaeologist shall specify
the timing/ frequency of
additional monitoring, as
appropriate.

MM 4.5.2
In the event that human remains are encountered during
construction activities, the City of Yreka shall comply with §15064.5 (e) (1) of the CEQA Guidelines and PRC
§7050.5. All project-related ground disturbance within 100 feet of the find shall be halted until the County Coroner has been notified. If the coroner determines that the remains are Native American, the coroner will notify the NAHC to identify the most likely descendants of the deceased Native Americans. Project-related ground disturbance in the
vicinity of the find shall not resume until the process detailed in §15064.5 (e) has been completed
Responsibility: City
BC
 Confirm mitigation measure
is included in construction
contract.

DC
 If any human remains are
encountered, confirm all
construction activities stop
within the affected area and
that a qualified archaeologist
and the county coroner are
contacted.
 If human remains are
recognized as Native
American, notify the NAHC
in accordance with the
mitigation measure and
assess the discovery;
implement any additional
mitigation measures
identified through the NAHC
consultation process.

BC
 One-time check of construction
contract.

DC
 Field check as needed to
confirm temporary construction
stoppage within the buffer zone.
 Field check or check
documentation as needed to
confirm implementation of any
additional measures identified
through the NAHC consultation
process.

Geology and Soils
MM 4.7.1
Prior to approval of the final improvement plans for the project, a geotechnical exploration report shall be prepared by a geotechnical engineer or other qualified professional to evaluate the surface and subsurface soil conditions at the project site and identify geotechnical criteria for site BC
 Confirm review of
improvement plans by
geotechnical engineer.

BC
 One-time confirmation of
geotechnical engineer’s
approval of improvement plans.

Yreka City Council
September 17, 2024

BC = Before Construction DC = During Construction AC = After Construction City of Yreka Wastewater Treatment Plant Improvement Project Page 9 of 12 Mitigation Measure Monitoring Action Monitoring Timing/Frequency Completion Date Initials
excavations, design of foundations, installation of drainage facilities, and other related improvements.

All grading plans and foundation plans shall be
reviewed by a qualified professional to ensure that all recommendations included in the geotechnical report
are implemented. Applicable notes shall be placed on
the attachment sheet to the improvements plans and in
applicable project plans and specifications.

If significant engineering design changes occur during
construction, the City of Yreka shall consult with a qualified geotechnical engineer to identify any geotechnical
constraints related to the design changes.

Recommendations of the geotechnical engineer shall be
implemented as warranted.

Responsibility: City
DC
 Consult with geotechnical
engineer if engineering
design changes occur.

DC
 Consultation as needed if
design changes occur.

MM 4.7.2
The City of Yreka shall ensure through contractual
obligations that earthwork activities are monitored by a qualified professional to ensure that recommendations
included in the geotechnical report are implemented.

Responsibility: City
BC
 Confirm mitigation measure
is included in construction
contract.

DC
 Field check as needed to
ensure monitoring of site
earthwork activities in
accordance with the
geotechnical report.

BC
 One-time check of construction
contract.

DC
 One-time check of
documentation provided by
qualified professional monitor.

MM 4.7.3
If paleontological resources (fossils) are discovered during construction, all work within a 50-foot radius of the find shall be halted until a professional paleontologist can evaluate the significance of the find. If any find is
determined to be significant by the paleontologist, City of Yreka staff shall meet with the paleontologist to determine the appropriate course of action. If necessary, a Treatment Plan prepared by a paleontologist outlining recovery of the resource, analysis, and reporting of the find shall be
BC
 Confirm mitigation measure
is included in construction
contract.

DC
 If any paleontological
resources are encountered,
confirm all construction
activities stop within a 50-
BC
 One-time check of construction
contract.

DC
 Field check as needed to
confirm temporary construction
stoppage within the buffer zone.

Yreka City Council
September 17, 2024

BC = Before Construction DC = During Construction AC = After Construction City of Yreka Wastewater Treatment Plant Improvement Project Page 10 of 12 Mitigation Measure Monitoring Action Monitoring Timing/Frequency Completion Date Initials
prepared. The Treatment Plan shall be reviewed and
approved by City staff prior to resuming construction.

Responsibility: City
foot radius and a qualified
paleontologist is contacted.
 If a Treatment Plan is
prepared, confirm that it has
been approved by the City
prior to resumption of
construction.
 One-time check of Treatment
Plan approval (if a plan is
prepared).
 The paleontologist shall specify
the timing/ frequency of
additional monitoring, as
appropriate.

Hazards/Hazardous Materials
Implementation of MM of 4.3.2 and MM 4.3.3.

Land Use and Planning
Implementation of MMs identified in this MMRP.

Noise
MM 4.13.1
Construction equipment shall be properly maintained and equipped with noise-reduction intake and exhaust mufflers and engine shrouds, in accordance with manufacturers’
recommendations. Equipment engine shrouds shall be
closed during equipment operation.

Responsibility: City
BC
 Confirm mitigation measure
is included in construction
contract.

DC
 Field check to confirm
compliance with the
mitigation measure.

BC
 One-time check of construction
contract.

DC
 Field check as needed to
ensure compliance.

MM 4.13.2
Stationary equipment (pumps, compressors, etc.) used
during project construction shall be located at the furthest practical distance from nearby noise-sensitive land uses.

Responsibility: City
BC
 Confirm mitigation measure
is included in construction
contract.

DC
 Field check to confirm
compliance with the
mitigation measure.

BC
 One-time check of construction
contract.

DC
 Field check as needed to
ensure compliance.

Tribal Cultural Resources
Implementation of MM 4.5.1 and MM 4.5.2.

Yreka City Council
September 17, 2024

BC = Before Construction DC = During Construction AC = After Construction City of Yreka Wastewater Treatment Plant Improvement Project Page 11 of 12 Mitigation Measure Monitoring Action Monitoring Timing/Frequency Completion Date Initials
Utilities and Service Systems
Implementation of MMs identified in this MMRP.

Yreka City Council
September 17, 2024

CITY OF YREKA

AGENDA MEMORANDUM
Prepared by: Alia Roca Lezra, Planning Manager
Presented by: Juliana Lucchesi, AICP, Community Development Director Agenda Title: Adoption of Solar Permitting Software in Compliance with Senate Bill 379
Meeting date: September 17, 2024
Recommended Action:

Motion to Authorize the City Manager to Enter into an Agreement with Symbium to provide Automatic Solar Permitting Software in Compliance with Senate Bill 379.

Background:

Senate Bill 379 (Wiener, 2022) requires cities and counties in California to set up an online system for issuing permits for residential solar energy and energy storage systems in real time. The purpose of this bill was to remove time and permitting barriers for residential properties installing solar energy systems. This bill does not prevent the city from continuing to process hard copies of the residential solar permits.

Within the bill exists an exemption for cities with a population under 5,000 and counties with a population under 150,000, including all of the cities within the county. City Staff reached out to the implementing agency due to the language not being clear. The California Energy Commission is the implementing body of the bill which confirmed that the City of Yreka is not exempt under this bill. A representative form the California Energy Commission clarified that that City of Yreka is not exempt from this bill.

Software Review and Analysis:

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 spoke with company staff to clarify functionalities and processes.

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 Yreka City Council
September 17, 2024

permits. The option to add these additional permits would align with the Planning and Building Departments’ objective to transition to full online permitting in the coming months.

Fiscal Impact:

Symbium administers a $25 fee to the applicant 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.This fee would be in addition to the City’s residential solar permitting fee that covers staff time to process the application. The Staff processing time is still required due to tracking the permit, inspecting the final installation, and reporting to the state. The amount charged by the City is set by state statute. There are no annual or service fees to the City regarding this software.

There is no fiscal impact to the City’s budget.

Additional Permitting Roll-Out
The Symbium software is capable of processing all city licensing and permitting electronically.

Adding other permits such as signs, encroachment, and building would not result in any additional fiscal impacts if the City proceeds with using Symbium for these functions.

City Staff are researching this software for digitizing other permitting processes and its ability to integrate with already purchase budgeting software. A subsequent item would return to the City Council if the software could be integrated into our current budgeting software and it increases efficiencies at the City.

Attachments:

A. Symbium Master Licensing Agreement
B. Symbium Statement of Qualification
Yreka City Council
September 17, 2024

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
Yreka City Council
September 17, 2024

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
September 17, 2024

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
September 17, 2024

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
September 17, 2024

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.

Yreka City Council
September 17, 2024

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,

NEGLIGENCE OR ANY OTHER), ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR BREACH Yreka City Council
September 17, 2024

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
September 17, 2024

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).

Yreka City Council
September 17, 2024

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:

Yreka City Council
September 17, 2024

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:

Yreka City Council
September 17, 2024

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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Attachment B
Yreka City Council
September 17, 2024

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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Yreka City Council
September 17, 2024

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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