Agenda — Yreka City Council, December 3, 2024

Corey Middleton, Mayor
Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, City Manager
Juliana Lucchesi, Asst. City Manager
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Mark Gilman, Police Chief
Andrew Jared, City Attorney
Jerry Lemos, Fire Chief
Cyndy Prohaska, City Clerk

YREKA CITY COUNCIL MEETING AGENDA
December 03, 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.

This meeting is being livestreamed and can be viewed on Siskiyou Media Council’s YouTube Channel https://www.youtube.com/channel/UCzx2GSYFCrgE5przvnzitXQ Yreka City Council Agenda
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• Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.

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

3. CLOSED SESSION:

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

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

6. PUBLIC COMMENTS:

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

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

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

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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 November 10, 2024, through November 23, 2024. b. Approval of Minutes of the Regular Meeting held November 19, 2024. c. Approval of Resolution 2024-47 A Resolution of the City Council of the City of Yreka Approving the Notices of Special Assessments for Cost Recovery for Abatement Costs of the Following Property:
651 Butte Street APN: 054-144-020-000.
d. Adoption of Resolution 2024-48 A Resolution of the City Council of the City of Yreka Authorizing the City Manager to Enter into an Agreement with the California Department of Forestry and Fire Protection under the Volunteer Fire Capacity Grant Program. e. Approval of the 2023-2024 Closing Operating Budget Revisions.

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.

Finance Director
a. Agenda Title: Development Impact Fee Program
Recommended City Council Action: Motion to Approve City Council Resolution 2024-49 A Resolution of the City Council of the City of Yreka Approving the Development Impact Fee Report and Updating the City’s Capital Improvement Plan and Development Impact Fee Program.

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10. NEW BUSINESS:

City Manager / SCI Consulting Group
a. Agenda Title: Discuss feedback from surveys and workshops from the community and determine if the development of a Retail Cannabis Ordinance that complies with SB1186 will be drafted for review, or if the survey feedback has altered the different legal options the Council would like integrated into the Ordinance.

Recommended City Council Action: No Action. Discussion only. The Yreka City Council will only be providing direction on a future Ordinance that will be voted on at a future Yreka City Council meeting. b. Agenda Title: Discuss whether the City of Yreka should create a plan to provide warming center services to the unhoused community during the fall and winter months.

Recommended City Council Action: No Action. Discussion only.

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 Yreka City Council Agenda
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written correspondence delivered to the City of Yreka, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies." The City of Yreka does not discriminate on the basis of race, color, national origin, religion, age, gender, sexual orientation, disability, or any other legally protected classes in employment or provision of services. In compliance with the Americans with Disabilities Act, those requiring accommodations for this meeting should notify the City Clerk 48 hours prior to the meeting at (530) 841-2386 or by notifying the Clerk at [email protected].

AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA)

COUNTY OF SISKIYOU) SS

CITY OF YREKA)
I, Cyndy Prohaska, City Clerk for the City of Yreka, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Yreka, California, was delivered and/or notice by email not less than 72 hours, before the hour of 5:30PM on December 3, 2024 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.ci.yreka.ca.us and posted at Yreka City Hall, 701 Fourth St., Yreka, California. /s/: Cyndy Prohaska
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YREKA CITY COUNCIL MEETING MINUTES
November 19, 2024
Closed Session: 5:30 PM
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.

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

1. 5:30PM CALL TO ORDER CLOSED SESSION:

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 Agenda
December 3, 2024

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Councilmembers, when recognized by the Mayor, may ask questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. • Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.

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

No public comment was received.

3. CLOSED SESSION:

The City Council will recess to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
a. Conference with legal counsel – anticipated litigation (Govt C §54956.9(d)(4)) - Number of cases: 1
b. Conference with legal with counsel – pending litigation (Govt C §54956.9(d)(1)) Miners LLC v. Miner’s Hospitality LLC, et al (SCSC Case No. 24CV00784) c. Public Employee Performance Evaluation §54957 (City Manager)

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

The meeting was called to order at 6:34 pm.

There was no reportable action during closed session.

Councilmembers Middleton, McCoy, Baker, & Kegg are present. Councilmember Davis is absent.

Motion to Reorder Agenda to have item 10.c placed after consent agenda. Agenda will go as follows: Consent, Syringe Exchange, Public Hearings, & New Business.

MOTIONED: Councilmember Kegg
SECOND: Councilmember Baker
AYES: Councilmembers Middleton, Baker, McCoy & Kegg
NO’s: -0-
ABSENT: Councilmember Davis
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5. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS: (NONE)
This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.

6. PUBLIC COMMENTS:

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

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

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

Public comment received by: Dawnmarie Autry, Guy Scott & Debbie Scott

7. CONSENT AGENDA:

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

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

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

8. OLD BUSINESS: NONE

9. PUBLIC HEARINGS:

Community Development Director
a. Agenda Title: Anderson Tentative Parcel Map
The City Council will consider the following tentative parcel map application filed by Lisa Anderson.

The proposed tentative parcel map would subdivide one 1.61-acre parcel into three separate parcels and dedication of a public City Street, one 0.40-acre parcel, one 0.38-acre parcel, and one 0.57-acre parcel.

Lane Street currently exists on the northern section of the parcel and would be separated and dedicated to the city as part of this Tentative Parcel Map.

Recommended City Council Action: Motion to Approve City Council Resolution 2024-43 a Resolution of the City Council of the City of Yreka Approving with Conditions Tentative Parcel Map No. 2023-12 for the Subdivision of One 1.61-acre Parcel into Three Parcels and Accepting Irrevocable Offer to Dedication #2023-12 Lisa M. Anderson, Portion of Lane Street.

No public comment received.

Motion to Approve City Council Resolution 2024-43 a Resolution of the City Council of the City of Yreka Approving with Conditions Tentative Parcel Map No. 2023-12 for the Subdivision of One 1.61- acre Parcel into Three Parcels and Accepting Irrevocable Offer to Dedication #2023-12 Lisa M.

Anderson, Portion of Lane Street.

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

Finance Director
b. Agenda Title: Master Fee Schedule Update
Recommended City Council Action: Motion to Approve Resolution 2024-44 of the City Council of the City of Yreka Adopting an Updated Comprehensive Fee Schedule and Adopt the Finding that the Project is Statutorily Exempt from CEQA.

No public comment received.

Motion to Approve Resolution 2024-44 of the City Council of the City of Yreka Adopting an Updated Comprehensive Fee Schedule and Adopt the Finding that the Project is Statutorily Exempt from CEQA.

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

10. NEW BUSINESS:

Finance Director
a. Agenda Title: Discussion and Possible Action to Approve Resolution of the Yreka City Council to Adopt Amended Budget for Fiscal Year Ending June 30, 2025, and Adopting the Budget for Fiscal Year Ending June 30, 2026.

Recommended City Council Action: Motion to Adopt Resolution 2024-45 of the City Council of the City of Yreka Adopting the Amended Budget for Fiscal Year ending June 30, 2025, and Adopt the Budget for Fiscal Year Ending June 30, 2026.

No public comment received.

Motion to Adopt Resolution 2024-45 of the City Council of the City of Yreka Adopting the Amended Budget for Fiscal Year ending June 30, 2025, and Adopt the Budget for Fiscal Year Ending June 30, 2026.

MOTIONED: Councilmember Kegg
SECOND: Councilmember McCoy
AYES: Councilmembers Kegg, Baker, McCoy & Middleton
NO’s: -0-
ABSENT: Councilmember Davis
The motion passes.
b. Agenda Title: Adopt a Resolution Setting Forth the Appropriations Limit for the City of Yreka for Fiscal Year 2024-2025.

Recommended City Council Action: Motion to Adopt Resolution 2024-46 of the City Council of the City of Yreka Setting Forth the Appropriations Limit for the City of Yreka for Fiscal Year 2024-2025.

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No public comment received.

Motion to Adopt Resolution 2024-46 of the City Council of the City of Yreka Setting Forth the Appropriations Limit for the City of Yreka for Fiscal Year 2024-2025.

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

Duane Kegg/Siskiyou County Health and Human Services
c. Agenda Title: Syringe Exchange Program Kiosks
Recommended City Council Action: No action. Presentation only.

No action was taken. Discussion only.

11. CITY MANAGER/STAFF REPORTS:

Assistant City Manager Juliana Lucchesi gave a report.

12. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

Councilmember McCoy gave an update.

Councilmember Kegg gave an update.

Councilmember Middleton gave an update.

13. ADJOURNMENT:

The meeting was adjourned at 8:27 pm
____________________________
Corey Middleton, Mayor
Minutes approved by City Council
Motion on December 3, 2024
___________________________
Cyndy Prohaska, City Clerk
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: YREKA CITY COUNCIL
From: Ranjeet Mann, Code Enforcement Officer
Prepared By: Haleigh Cummings, Yreka Deputy City Prosecutor Agenda Title: Discussion/Possible Action—Approval of Special Assessment Resolution for Nuisance Abatement Cost Recovery.

Meeting Date: Tuesday, December 3, 2024, at 6:30 p.m.

Discussion:

The City incurred $9,894.50 (“Cost Recovery Amount”) in costs enforcing the abatement of nuisance conditions on the parcel of real property located at 651 Butte Street, Yreka, California 96097, APN 054-144-020-000 (“Nuisance Property”).

The Nuisance Property had a long history of noncompliance and had been the focus of City code enforcement efforts for over six years. The nuisance conditions included: unpermitted storage of inoperable vehicles; accumulation and storage of waste, garbage, trash, junk, and debris throughout the interior and exterior of the Nuisance Property; blocked and inadequate ingress and egress causing fire hazards and putting the lives and safety of occupants and emergency responders at risk; fire hazards due to the accumulation of combustible vegetation, refuse, and waste; attractive nuisance; and visual blight.

The Cost Recovery Amount has already been challenged by the Nuisance Property owner, and it was upheld by a neutral administrative hearing officer. Accordingly, the Cost Recovery Amount is final and is already a lien against the Nuisance Property. The only thing at issue for the City Council to decide at this meeting is whether to confirm the Cost Recovery Amount as a Special Assessment against the Nuisance Property so that the County Tax Assessor may add the Cost Recovery Amount to the Nuisance Property’s property tax roll.

Fiscal Impact:

There will be no negative fiscal impact on the City. The Special Assessment will help ensure that the City will recover the nuisance abatement costs incurred by the City during its abatement efforts against the Nuisance Property.

Recommendation and Requested Action:

City staff recommends that the Council approve the proposed resolution to levy a Special Assessment against the Nuisance Property in order to help ensure full cost recovery of the City’s Nuisance Abatement Costs through the property tax rolls.

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1 2
3 RESOLUTION NO. 2024-47

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA
4 APPROVING THE IMPOSITION AND RECORDATION OF A SPECIAL ASSESSMENT ON 5 THE PARCEL OF REAL PROPERTY AT ASSESSOR’S PARCEL NUMBER 054-144-020-000. 6 7 WHEREAS, the City of Yreka (“City”), a municipal corporation, has jurisdiction over the parcel 8 of real property located at 651 Butte Street, Yreka, California 96097, APN 054-144-020-000 9 (“Nuisance Property”).
10 11 WHEREAS, pursuant to California Constitution article 11 section 7, the City may make and enforce 12 ordinances and regulations not in conflict with general laws. 13 14 WHEREAS, California Government Code sections 38771, 38773.1, and 38773.5, and other laws, 15 authorize the City to enact ordinances establishing what constitute public nuisances, procedures for 16 abating nuisance conditions, procedures for recovery of all costs and attorney fees related to 17 abatement of nuisances, and procedures for collection of civil penalties. 18 19 WHEREAS, the aforementioned laws authorize a city legislative body to establish a procedure to 20 use special assessments to collect nuisance abatement costs and administrative costs. 21 22 WHEREAS, pursuant to Yreka Municipal Code (“YMC”) section 1.14.050(C), any nuisance 23 condition or violation of the YMC may subject the responsible party to a fine and that fine may be 24 enforced by imposition of a special assessment upon the real property. 25 26 WHEREAS, the City recognizes that responding to and abating public nuisances and other 27 violations of law, including the YMC, is costly to the public, time-consuming, and burdensome. 28 29 WHEREAS, recovery of fines and costs from parties responsible for violating applicable laws and 30 maintaining public nuisances will enable the City to make the public whole and replenish resources 31 needed to meet the increasing demands on code enforcement and public services. 32 33 WHEREAS, the City Council has determined it would be in the best interest of the City to approve 34 and authorize the action outlined in this Resolution. 35 36 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY 37 RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
38 39 Section 1. The City is entitled and hereby authorized to recover all nuisance abatement and 40 administrative costs related to, arising out of, or incurred by the City as a result of any nuisance 41 abatement action. Each responsible party shall be jointly and severally liable to the City and for 42 the City’s incurred costs including, but not limited to, all administrative expenses, administrative 43 fines, civil fines, penalties, staff time, variable costs, fixed costs, inspection costs, investigation 44 costs, enforcement costs, abatement costs, litigation fees, litigation costs, costs for hearings and 45 hearing officers, attorney fees and costs, and all other costs and expenses related to, arising out of, 46 or incurred by the City relating to any nuisance abatement action. 47 Yreka City Council Agenda
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48 Section 2. The City Council hereby finds and determines that the City is authorized to use any and 49 all legal means to collect administrative fines and nuisance abatement costs, including, but not 50 limited to, personal liability, Franchise Tax Board intercept, personal property liens, real property 51 abatement liens, and special assessments.
52 53 Section 3. The Council hereby finds and determines that the foregoing recitals are true and correct 54 in regard to the Nuisance Property.
55 56 a) Nuisance Property. The Nuisance Property was in a dangerous, unsafe, and substandard 57 condition that was detrimental to the health, safety, and welfare of the public and occupants 58 prior to the City enforcing abatement of the nuisance conditions on the Nuisance Property. 59 60 1) The City’s nuisance abatement efforts against the Nuisance Property began in 61 2018. For over six years now the City attempted to gain voluntary compliance to 62 no avail.
63 64 2) On November 16, 2023, the Yreka Police Department conducted a raid on 651 65 Butte Street pursuant to a validly issued search warrant issued by the Superior 66 Court of the State of California for the County of Siskiyou. 67 68 3) On March 8, 2024, the Superior Court of the State of California for the County of 69 Siskiyou issued an inspection warrant on 651 Butte Street. 70 71 4) The City incurred $9,894.50 (“Cost Recovery Amount”) in costs as part of the 72 City’s nuisance abatement efforts against the Nuisance Property before the 73 violations were cured. On August 5, 2024, the City issued the interested parties 74 with a Cost Recovery Invoice (“Invoice”) and notified the interested parties of their 75 responsibility to reimburse the City the Cost Recovery Amount identified in the 76 Invoice by September 19, 2024. The interested parties were provided with an 77 opportunity to request an administrative hearing to dispute the City’s entitlement 78 to the costs. The Nuisance Property owner requested an administrative hearing 79 (“Hearing”) to dispute the Cost Recovery Amount identified in the Invoice. 80 81 5) On October 29, 2024, the City held the Hearing to resolve the owner’s dispute of 82 the Invoice and the Cost Recovery Amount. After reviewing and considering all 83 evidence, an independent neutral administrative hearing officer upheld the City’s 84 Invoice and Cost Recovery Amount.
85 86 Section 4. The City Council directs as follows:
87 88 a) A special assessment in the amount of $9,894.50 shall be imposed upon the Nuisance 89 Property and recorded with the County of Siskiyou.
90 91 Section 5. It is further resolved that if any section, subsection, part, clause, sentence, or phrase of 92 this Resolution or application thereof is for any reason held to be invalid or unconstitutional by a 93 decision of any court of competent jurisdiction, the validity of the remaining portions of this 94 Resolution, and the application thereof, shall not be effected thereby but shall remain in full force Yreka City Council Agenda
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95 and effect, it being the intention of the City Council to adopt each and every section, subsection, 96 part, clause, sentence, and phrase regardless of whether any other section, subsection, part, clause, 97 sentence, or phrase, or the application thereof, is held to be invalid or unconstitutional. 98 99 Section 6. The City Manager, the Chief of Police, and all other proper officers and officials of the 100 City are hereby authorized and directed to execute such other agreements, documents, and 101 certificates, and to perform such other acts and deeds, as may be necessary or convenient to affect 102 the purposes of this Resolution and the transactions herein authorized. 103
104 Passed and adopted this 3rd day of December 2024, by the following vote:
105
106 AYES:
107 NAYS:
108 ABSENT:
109 ABSTAIN:
110
111 ________________________
112 Corey Middleton, Mayor
113
114 Attest:__________________
115 Cyndy Prohaska, City Clerk
116
117
118
119
120
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CITY OF YREKA
Code Enforcement Division
1400 Fairlane Road, Yreka, CA 96097
530-598-2048
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CITY OF YREKA

SPECIAL ASSESSMENT NOTICE

SERVED VIA CERTIFIED MAIL TO ALL INTERESTED PARTIES
Assessment Notice Date: November 25, 2024
Nuisance Property: 651 Butte Street
Yreka, California 96097
APN 054-144-020-000
Invoice Date: August 5, 2024
Cost Recovery Amount: $9,894.50
City Council Hearing Time: December 3, 2024, at 6:30 p.m.

City Council Chambers Address: 701 Fourth Street
Yreka, California 96097
Interested Parties:

Shelly M. Jones
651 Butte Street
Yreka, California 96097
Cecil Johnson
4600 Peck Drive
Klamath Falls, Oregon 97603
All Interested Parties
651 Butte Street
Yreka, California 96097
To All Interested Parties:

The CITY OF YREKA (“City”) issues this Special Assessment Notice following your failure to comply with the City’s Cost Recovery Invoice (“Invoice”) that was issued on the Invoice Date identified above. You failed to remit full payment of the Cost Recovery Amount by the Payment Deadline identified in the Invoice. A true and correct copy of the Invoice is attached hereto as Exhibit A and is incorporated herein.

Additionally, you requested a cost recovery administrative hearing (“Hearing”), which was held on October 29, 2024. After reviewing and considering all evidence, an independent neutral Yreka City Council Agenda
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SPECIAL ASSESSMENT NOTICE
651 Butte Street
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hearing officer (“Hearing Officer”) rendered a final decision (“Decision”) that ordered you to reimburse the City the Cost Recovery Amount identified above, which were incurred as part of the City’s nuisance abatement and code enforcement efforts against the Nuisance Property. The Decision also authorized the City to make the Cost Recovery Amount a special assessment against the Nuisance Property and to record the Cost Recovery Amount as a Special Assessment Lien on the Nuisance Property. A true and correct copy of the Decision is attached hereto as Exhibit B and is incorporated herein.

Accordingly, the City now seeks to levy a special assessment for the Cost Recovery Amount identified above. This Special Assessment Notice is provided pursuant to the Yreka Municipal Code (“YMC”) and California state law. In addition to this special assessment, the City reserves the right to recover any unpaid Cost Recovery Amount by any other means authorized by law.

Pursuant to the YMC, the City Council will hold a public hearing to confirm the Cost Recovery Amount as a special assessment against the Nuisance Property at the City Council Hearing Time identified above at the City Council Chambers Address identified above. Any party with a legal interest in the Nuisance Property may file a written protest or objection to this Special Assessment Notice with the City Clerk at any time prior to the City Council Hearing Time.

Pursuant to the YMC, no other protest or objections shall be considered. Therefore, failure to submit a written protest or objection in advance of the City Council Hearing Time shall constitute a failure to exhaust your administrative remedies and a waiver of your right to protest or object to the special assessment.

Questions regarding this Special Assessment Notice may be directed to the undersigned at the contact information provided below.
_________________________
Ranjeet Mann
Code Enforcement Officer

CITY OF YREKA
[email protected]
530-598-2048
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– EXHIBIT A –

INVOICE
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SERVIAM BY

WRIGHT LLP

CITY PROSECUTORS

EXHIBIT A

COST RECOVERY INVOICE
DATED AUGUST 5, 2024
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– EXHIBIT B –

DECISION
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EXHIBIT B

DECISION
DATED OCTOBER 29, 2024
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PROOF OF SERVICE
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PROOF OF SERVICE
At the time of this service, I was over 18 years of age and was not a party to this action. My business address is 3 Corporate Park, Suite 100, Irvine, California 92606. On the date indicated below, I served the following document (“Document”):

1. DECISION: COST RECOVERY (651 Butte Street, Yreka, California 96097).

The Document was served on the following persons (“Persons”):

Shelly M. Jones
651 Butte Street
Yreka, California 96097
Cecil Johnson
4600 Peck Drive
Klamath, Oregon 97603
All Interested Parties
651 Butte Street
Yreka, California 96097
The Document was delivered by:
☒ Certified Mail with Return Receipt Requested. I served the Document by enclosing a true copy in a sealed envelope addressed to the Persons at the addresses identified above and depositing the envelope with the United States Post Office with the postage fully prepaid as certified mail with return receipt requested in the county where I reside or am employed.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: October 29, 2024 ______________________________
Katlyn Rautio
Yreka City Council Agenda
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PROOF OF SERVICE
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SERVIAM BY

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CITY PROSECUTORS

1. SPECIAL ASSESSMENT NOTICE (651 Butte Street).

The Document was served on the following persons (“Persons”):

Shelly Jones
651 Butte Street,
Yreka, California 96097
Cecil Johnson
4600 Peck Drive,
Klamath, Oregon 97603
All Interested Parties
651 Butte Street,
Yreka, California 96097
The Document was delivered by:
☒ Certified Mail with Return Receipt requested. I served the Document by enclosing a true copy in a sealed envelope addressed to the Persons at the addresses identified above and depositing the envelope with the United States Post Office with the postage fully prepaid as certified mail with return receipt requested in the county where I reside or am employed.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: November_____, 2024 ______________________________ Katlyn Rautio
Yreka City Council Agenda
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
Prepared by: Jerry Lemos, Chief, Yreka Volunteer Fire Department.

Agenda title: Adopt Resolution approving the Department of Forestry and Fire Protection Agreement No. 7GF24114 for Volunteer Fire Capacity Grant (Wildland Gear).

Meeting date: December 3, 2024
Discussion:

In May of 2024, the Yreka Fire Department submitted an application for a CalFIRE Volunteer Fire Assistance (VFA) Grant. The grant is a 50/50 local match grant primarily for wildland firefighting safety gear. The total requested amount for the grant is $18,702. The funds used for the purchase of the safety gear will come from the fire department’s benefit fund. No money will be used out of the fire department’s general budget for this purchase.

On August 10, 2020, the Yreka Fire Department received approval for the VFA grant in the amount of $8,344.88. The items to be purchased are as follows:
• 16 pairs of Wildland Pants
• 11 Wildland Coats/Jackets
• 5 Shelters
• 14 helmet shrouds
• 24 pairs of Wildland Safety Gloves
• 14 pairs of Safety Goggles
• 14 Wildland Safety Helmets
The purpose of the safety gear is to replace non-compliant personal protective equipment needed while operating during a wildland fire. The Yreka Fire Department is requesting a resolution from the Yreka City Council to accept the grant to complete the approval process prior to the due date of Dec.1, 2024.

Fiscal Impact: No general fund impact. The local match will come from the Fire Department’s Benefit Fund.

Recommendation: Adopt the Resolution approving the Department of Forestry and Fire Protection Agreement as submitted.

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RESOLUTION NO. 2024-48

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF YREKA, COUNTY OF SISKIYOU, STATE OF CALIFORNIA AUTHORIZING THE

CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CALIFORNIA

DEPARTMENT OF FORESTRY AND FIRE PROTECTION UNDER THE VOLUNTEER FIRE

CAPACITY GRANT PROGRAM OF THE COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978.

WHEREAS, the City of Yreka supports the services rendered by members of the Yreka Volunteer Fire Department (“Department”); and,
BE IT RESOLVED, the City Council finds and declares that it is in the best interests of the City of Yreka and the Yreka Volunteer Fire Department, in Approving the Department of Forestry and Fire Protection Agreement #7GF24114 for services from the date of last signatory on page 1 of the Agreement, and any amendments thereto. This Agreement provides for an award, during the term of this agreement, under the Volunteer Fire Capacity Program of the Cooperative Fire Assistance Act of 1978 during the State Fiscal year 2024-2025 up to and no more than the amount of $8,344.88.

BE IT FURTHER RESOLVED:

That Jason Ledbetter, City Manager of the said Council be and hereby is authorized to sign and execute said Agreement and any amendments on behalf of the City of Yreka.

The foregoing resolution was duly passed and adopted by the City Council of the City of Yreka, at a regular meeting thereof, held on the 1st day of December 2024, by the following vote:

AYES:

NAYS:

ABSENT:
_______________________
Corey Middleton, Mayor
Attest:________________
Cyndy Prohaska, City Clerk
------CERTIFICATION OF RESOLUTION------
ATTEST:

I, Cyndy Prohaska, Clerk of the City of Yreka, County of Siskiyou, California do hereby certify that this is a true and correct copy of the original Resolution Number 2024-48.

WITNESS MY HAND OR THE SEAL OF THE CITY OF YREKA, on this 1st day of December 2024.

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OFFICIAL SEAL

OR NOTARY CERTIFICATION
Signature
City Clerk, City of Yreka
Title and Name of Local Agency
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State of California
Department of Forestry and Fire Protection (CAL FIRE)
Cooperative Fire Protection

GRANT AGREEMENT
APPLICANT:

PROJECT TITLE: Volunteer Fire Capacity
GRANT AGREEMENT: 7GF24114
PROJECT PERFORMANCE PERIOD is from date upon approval through June 30, 2025.

Under the terms and conditions of this Grant Agreement, the applicant agrees to complete the project as described in the project description, and the State of California, acting through the Department of Forestry & Fire Protection, agrees to fund the project up to the total state grant amount indicated.

PROJECT DESCRIPTION: Cost-share funds awarded to provide assistance to rural areas in upgrading their capability to organize, train, and equip local forces for fire protection.

Total State Grant not to exceed $ $8,344.88 (or project costs, whichever is less). *The Special and General Provisions attached are made a part of and incorporated into this Grant Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF FORESTRY

AND FIRE PROTECTION
Applicant
By By
Signature of Authorized Representative
Title
Title: David Scheurich
Staff Chief, Cooperative Fire Programs
Date Date

CERTIFICATION OF FUNDING

GRANT AGREEMENT NUMBER PO ID SUPPLIER ID

FUND FUND NAME
0001 General Fund

PROJECT ID
354024DG2012161

ACTIVITY ID
SUBGNT

AMOUNT OF ESTIMATE FUNDING
$ $8,344.88

GL UNIT
3540

BUD REF CHAPTER
001 35
ADJ. INCREASING ENCUMBRANCE
$ 0.00
PROGRAM NUMBER ENY ADJ. DECREASING ENCUMBRANCE
9999000FED 2024 $ 0.00

ACCOUNT
5340580

ALT ACCOUNT
5340580002

UNENCUMBERED BALANCE
$ $8,344.88

REPORTING STRUCTURE
35409206

SERVICE LOCATION
92767
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

Signature of CAL FIRE Accounting Officer Date
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VOLUNTEER FIRE CAPACITY PROGRAM

TERMS AND CONDITIONS

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

STATE OF CALIFORNIA
Natural Resources Agency
Agreement for the Volunteer Fire Capacity Program of the Cooperative Forestry Assistance Act of 1978
THIS AGREEMENT, made and entered between the STATE of California, acting through the Director of the Department of Forestry and Fire Protection hereinafter called “STATE”, and ____________________________________________________________hereinafter called “LOCAL AGENCY”, covenants as follows:

RECITALS:

1. STATE has been approved as a passthrough agent of the United States Department of Agriculture, (USDA), Forest Service for the purpose of administering the Volunteer Fire Capacity program in California, hereinafter referred to as VFC, authorized by the Cooperative Forestry Assistance Act (CFAA) of 1978 (PL 95-313, 92 Stat 365, 16 U.S.C. 2106), as amended.

2. This is a subaward under the 2024 Volunteer Fire Capacity Grant #24-DG-11052012-161 awarded to STATE by the Forest Service on August 23, 2024. The Federal Assistance Listing for the award is 10.698, Cooperative Forestry Program. This subaward is funded solely with Federal funds and is subject to the Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400, and under certain terms and conditions to LOCAL AGENCY to assist LOCAL AGENCY to upgrade its fire protection capability.

3. LOCAL AGENCY desires to participate in said VFC and agrees to the terms and conditions specified in the Procedural Guide for Volunteer Fire Capacity Program 2024.

NOW THEREFORE, it is mutually agreed between the parties as follows:

4. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. LOCAL AGENCY may not commence performance until such approval has been obtained.

5. INCORPORATION: The Procedural Guide for Volunteer Fire Capacity Program 2024, submitted Application for Funding and associated Grant Assurances are hereby incorporated by reference as part of the Grant Agreement.

6. TIMELINESS: Time is of the essence in this Agreement.

7. FORFEITURE OF AWARD: LOCAL AGENCY must return this Agreement and required resolution properly signed and executed to STATE at the email address specified in paragraph 12, with a timestamp no later than December 1, 2024 or LOCAL AGENCY will forfeit the funds.

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8. GRANT AND BUDGET CONTIGENCY CLAUSE: It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

This Agreement is valid and enforceable only if sufficient funds are made available to the STATE by the United States Government for the State Fiscal Year 2024 for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner.

The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

The STATE has the option to invalidate the Agreement under the 30-day cancellation clause or to amend the Agreement to reflect any reduction in funds.

9. REIMBURSEMENT: STATE will reimburse LOCAL AGENCY, from funds made available to STATE by the Federal Government, an amount not to exceed $8,344.88 on a 50/50 matching funds basis, for the performance of specific projects and/or purchase of specific items identified in Proposed Project, Application for Funding, attached hereto.

Reimbursement will be only for those projects accomplished and/or items purchased between THE LAST SIGNATORY DATE ON PAGE 1 and JUNE 30, 2025. This sum is the sole and maximum payment that STATE will make pursuant to this Agreement.

LOCAL AGENCY must bill STATE at the e-mail address specified in paragraph 12, with a timestamp no later than September 1, 2025 in order to receive the funds. The bill submitted by LOCAL AGENCY must clearly delineate the projects performed and/or items purchased. A vendor’s invoice and proof of payment to vendor(s) must be included for items purchased.

10. LIMITATIONS: Expenditure of the funds distributed by STATE herein is subject to the same limitations as placed by the VFC, upon expenditure of United States Government Funds. Pursuant to 2CFR200.313 Equipment, subject to the obligations and conditions set forth in that section; title to any equipment and supplies acquired under this Agreement vests with the LOCAL AGENCY. For any equipment items over $5,000, the federal government may retain a vested interested in accordance with paragraph 17 below.

11. MATCHING FUNDS: Any and all funds paid to LOCAL AGENCY under the terms of this Agreement, hereinafter referred to as “VFC Funds”, shall be matched by LOCAL AGENCY on a dollar-for-dollar basis, for each project listed on attachment(s) hereto identified as “Proposed Project”. No amount of unpaid “contributed” or “volunteer” labor or services shall be used or consigned in calculating the matching amount “actually spent” by LOCAL AGENCY.

LOCAL AGENCY shall not use VFC Funds as matching funds for other federal grants, including Department of Interior (USDI) Rural Fire Assistance grants, nor use funds from other federal grants, including USDI Rural Fire Assistance grants, as matching funds for VFC Funds.

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12. ADDRESSES: The mailing addresses of the parties hereto under the terms of the Agreement are:

LOCAL AGENCY:

Attention:

Telephone Number(s):

E-mail
STATE: Department of Forestry and Fire Protection
Grants Management Unit, Attn: VFC
P. O. Box 944246
Sacramento, California 94244-2460
E-MAIL: [email protected]

13. PURPOSE: Any project to be funded hereunder must be intended to specifically assist LOCAL AGENCY to organize, train, and/or equip local firefighting forces in the aforementioned rural area and community to prevent or suppress fires which threaten life, resources, and/or improvements within the area of operation of LOCAL AGENCY. Project funds are not to be used for research and development.

14. COMBINING: In the event funds are paid for two or more separate, but closely related projects, the 50/50 cost-sharing formula will be applied to the total cost of such combined projects.

15. OVERRUNS: In the event that the total cost of a funded project exceeds the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request additional funds to cover the Agreement share of the amount exceeded. However, there is no assurance that any such funds are, or may be, available for reimbursement. Any increase in funding will require an amendment.

16. UNDERRUNS: In the event that the total cost of a funded project is less than the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request that additional eligible projects/items be approved by STATE for Agreement funding.

However, there is no assurance that any such approval will be funded. Approval of additional projects/items, not listed on the Proposed Project application, made by STATE, will be in writing and will require an amendment.

17. FEDERAL INTEREST IN EQUIPMENT: The Federal Government has a vested interest in any item purchased with VFC funding in excess of $5,000 regardless of the length of this Agreement, until such time as the fair market value is less than $5,000. The VFC percentage used to purchase the equipment will be applied to the sale price and recovered for the Government during the sale. This percentage will remain the same even following depreciation. The Federal Government may not have to be reimbursed if the disposal sale amounts to a fair market value of less than $5,000. LOCAL AGENCY will notify STATE of the disposal of such items.

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18. EQUIPMENT INVENTORY: Any single item purchased in excess of $5,000 will be assigned an VFC Property Number by the STATE. LOCAL AGENCY shall forward a copy of the purchase documents listing the item, brand, model, serial number, any LOCAL AGENCY property number assigned, and a LOCAL AGENCY contact and return address to STATE at the address specified in paragraph 12. The STATE will advise the LOCAL AGENCY Contact of the VFC Property Number assigned.

19. AUDIT: LOCAL AGENCY agrees that the STATE, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. LOCAL AGENCY agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated. LOCAL AGENCY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, LOCAL AGENCY agrees to include a similar right of the State of California to audit records and interview staff in any subcontract related to performance of this Agreement. (GC 8546.7, PCC 10115 et seq., CCR Title 2, Section 1896).

20. DISPUTES: In the event of any dispute over qualifying matching expenditures of LOCAL AGENCY or audit findings, the dispute will be decided by STATE and its decision shall be final and binding.

21. MONITORING: LOCAL AGENCY agrees to the monitoring of activities as necessary by STATE to ensure that the award is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the agreement; and that performance goals are achieved.

22. INDEMNIFICATION: LOCAL AGENCY agrees to indemnify, defend, and save harmless, the STATE, its officers, agents, and employees, from any and all claims and losses, accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by LOCAL AGENCY in the performance of this Agreement.

23. CIVIL RIGHTS: LOCAL AGENCY agrees to comply with civil rights requirements as detailed in the Complying With Civil Rights Requirements brochure (FS-850) and the And Justice For All poster (AD-475A). The poster is to be placed at all public point of contact/reception areas.

24. DRUG-FREE WORKPLACE REQUIREMENTS: LOCAL AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:

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1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drugfree workplace; 3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and LOCAL AGENCY may be ineligible for funding of any future State Agreement if the department determines that any of the following has occurred: (1) the LOCAL AGENCY has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)

25. TERM: The term of the Agreement SHALL COMMENCE ON THE LAST SIGNATORY DATE ON PAGE 1 and continue through June 30, 2025.

26. TERMINATION: This Agreement may be terminated by either party giving 30 days written notice to the other party or provisions herein amended upon mutual consent of the parties hereto.

27. AMENDMENTS: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

28. INDEPENDENT CONTRACTOR: LOCAL AGENCY, and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE or the Federal Government.

29. INDIRECT RATE: LOCAL AGENCY may not assess an indirect rate in excess of their Federally approved Negotiated Indirect Cost Rate Agreement (NICRA), a de minimis rate if LOCAL AGENCY does not have an approved NICRA, or the VFC program cap rate of 10%, whichever is lesser. LOCAL AGENCY may also elect not to assess an indirect rate.

The approved indirect cost rate at the time of execution is 0%. .

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30. MEDIA: LOCAL AGENCY shall acknowledge STATE and USDA Forest Service support in any publications, audiovisuals and electronic media developed as a result of this award.

It is encouraged to give public notice of the receipt of this award and announce progress and accomplishments, acknowledging STATE and USDA Forest Service support. Follow direction in USDA Supplemental 2 CFR 415.2.

31. ASSIGNMENT: This Agreement is not assignable by LOCAL AGENCY either in whole or in part.

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To:

Prepared by:

Agenda title:

Meeting date:

Discussion:

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
YrekaCity Council
Emily Aldrich, Finance Director
Approval of the 2023-2024 Closing Operating Budget Revisions Tuesday December 3, 2024
Budget revisions are needed during the year and at fiscal year ending to reflect changes in the budget estimates to more accurately reflect the revenue and expense trends.

The majority of expense revisions have already been authorized (allowable internal transfers or by Council action), and the following report details by account to ensure public transparency of those actions. The revenue changes, primarily increases, reflect better than projected performance results.

Budget adjustments and revisions are a common practice. Attaches is a recap by account and description of the budget revisions and accompanying descriptions for the revision.

Fiscal Impact:

Budget impact only.

Recommendation and Requested Action:

Approval of the 2023-2024 Operating Budget Revisions.

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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
TO:

FROM:

Yreka City Council
Emily Aldrich, Finance Director
PREPARED BY: Emily Aldrich, Finance Director
AGENDA TITLE: Conduct Public Hearing and Adopt a Resolution of the City Council of the City of Yreka approving the Development Impact Fee Reports and Updating the City’s Capital Improvement Plan and Development Impact Fee Program
MEETING DATE: December 3, 2024
Recommendation:

Conduct Public Hearing and Adopt Resolution 2024-49 of the City Council of the City of Yreka approving the Development Impact Fee Reports and Updating the City’s Capital Improvement Plan and Development Impact Fee Program.

Annual Development Impact Fee Review:

On November 16, 2006, the City Council adopted Ordinance 790 establishing and implementing development impact fees (DIFs) and made it a part of Title 11, Chapter

11.23. This Ordinance was amended twice, by Ordinance 795, and Ordinance 799 for technical amendments and re-titling it Municipal Utility Services, Impact and Connection Fees. Section 11.23.170 of Chapter 11.23 provides for an annual review of the capital improvement plan and an accounting of DIFs received and expended. The last report was made to the Yreka City Council on November 21, 2023.

Based upon Government Code Section 66006(b), development fees must be reviewed annually and may be adjusted by the City Council after a noticed public hearing. The annual report shall include the following items.

1. A brief description of the type of fee collected;

2. The amount of the fee;

3. The beginning and ending balance of each type of fee held by the City;

4. The amount of fees collected and the interest earned;

5. An identification of each public improvement and the amount expended;

6. An identification of the approximate date by which the construction of the public improvement will be complete;

7. A description of each interfund transfer or loan made; and

8. The amount of refunds made (none reported).

As required by the Government Code, this information must be made available to the Yreka City Council Agenda
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public through posting of a draft of this report. Upon the completion of a fifteen day review period, Council will be asked to accept and file the report.

Funds held in reserves, in excess of five or more years are dedicated to specific expenditures contained in the Master Facility Plan and are consistent with the community's goals.

ALTERNATIVES/OPTIONS: This item is presented for review as required by the Government Code to provide information to the public concerning collections and expenditures of Development Impact Fees (AB 1600 Fees). As long as the City maintains these fees, this annual review will be required.

Update of Capital Improvement Plan: Pursuant to the provisions of Government Code Section 66002(b), the capital improvement plan adopted by the City by Resolution 2615 approving the Development Impact Fee Study shall be annually updated at a noticed public hearing.

Discussion:

Council made findings as follows:

1. There is a reasonable relationship between the need for the described public facilities and the impacts of the various types of development, and,

2. there is a reasonable relationship between the fees use and the type of development for which the fee is charged, and

3. the cost estimates set forth in the plans are reasonable cost estimates for constructing these facilities, and that the fees to be generated by new development will not exceed the total of these costs.

The attached Resolution reaffirms these findings.
• Since the last annual report submitted to and approved by City Council on November 21, 2023.
• Changes to the capital improvements plan are noted in the report, particular to the needs of the water and wastewater systems and fire capital needs. • Neither General Plan designations nor growth projections in the City have materially changed in the last year; however, the City is in the process of updating its general plan and expects significant growth over the next 20 years to be addressed as a horizon issue.
• The remainder of the public facilities identified in the Development Impact Fee Report are still required to serve the needs which will be created by new development in the City.
• A relationship between the need for such public facilities, the amount of fees necessary to fund development of such facilities, and the impacts of development for which the fees are charged has remained unchanged from when these programs were adopted.

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• There have been duly authorized index adjustments of the cost of the public improvements and the fee amounts made pursuant to YMC Section 11.23.180. • Gov Code Section 66006(b), which requires the Annual Review report of AB 1600 fees be made within 180 days after the last day of each fiscal year and that it be reviewed by the City Council at the next regularly scheduled public meeting not less than 15 days after the information is made available to the public. The update of the capital improvement plan can be by resolution, but must occur at a noticed public hearing (one newspaper publication of the notice 10 days prior to the public hearing.) Gov. Code Section 66002. The update of the capital improvement plan and approval of the DIF fees report can occur at the same time.

Legal notices were published for public hearing on Wednesday November 1, 2023, in the Siskiyou Daily News for the Capital Improvement Plan review update.

Financial:
• Collection of Development Impact Fees provides revenue necessary for the City ultimately to fund the construction of the public improvements contained in the City’s adopted Capital Improvement Plan.
• Interfund transfers between fee accounts may be made during the next review period for the purposes of funding the construction and or debt servicing of the improvements discussed in this report.
• Discussion and direction to staff topics bring back to the Council at a future meeting several horizon issues related to the expected growth, updates to the general plan, the development and update impact fees for planning, stormwater, streets, and facilities.

ATTACHMENTS:

Attachment 1: Original AB 1600 Development Fee Project Improvements by Impact; Attachment 2: Description of AB 1600 Development Fee Types; Attachment 3: Schedule of AB 1600 Development Fee Collections and Disbursements
Attachment 4: Resolution Of The City Council Of The City Of Yreka Updating The City’s Capital Improvement Plan And Development Impact Fee Program.

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Attachment 1
City of Yreka
Original Schedule of Developer Impact Fee Improvements by Impact 2006 Original Fees*
Fee Per
Unit/Due 2024 Fees

4.1 City Buildings $792 $1,620

4.2 Park Facilities $1,821 $3,726

4.3 Police Department $683 $1,397

4.4 Fire Department $35
Amended to $2.03 sq ft in 2023 (2)

4.5 Storm Drainage $99 $203

4.6 Street Improvements $539 $1,103

4.7 Wastewater System $1,486 $9,280 (1)

4.8 Water System $5,132 $4,190 (1)
Totals $10,587 $21,518
(1) Reflect PACE Engineering's analysis of DIF for Water & Waster Systems in 2022 (2) Reflects PFG Fire DIF Study February 2023
Item Sq. Ft. $ per Sq. Ft Original Total
Expanded City Offices 2,000 $200 $400,000 $818,400
Expanded Public Works Building 2,000 $200 $400,000 $818,400 $800,000 $1,636,800
Org. Cost Curr. Cost
Acquisition (1) 5 acres $300,000 $613,800
Right of Way Improvements
Curb, Gutter, Sidewalk 467 lineal ft. $21,015 $42,997
Parking Lane, One Travel Lane ‐‐ 217,800 square ft. $871,200 $1,782,475 Landscaping 217,800 square ft. $217,800 $445,619
Irrigation 217,800 square ft. $217,800 $445,619
Parking Area 15,000 square ft. $60,000 $122,760
Restrooms 1 each $150,000 $306,900
Play Equipment 1 each $45,000 $92,070
Ball Field 1 each $25,000 $51,150
Soccer Field 1 each $10,000 $20,460
Benches/Bike Racks 6 each $3,000 $6,138
Garbage Cans 6 each $1,200 $2,455
Lighting (security) 6 each $9,000 $18,414
Sidewalks/Paths (miscellaneous) 140 lineal ft. $3,500 $7,161 Total $1,934,515 $3,958,018
(1) Acquisition of parcel on West street to "square" out Miner Street Park $81,114 (prorated to growth) Item Unit
* Original Fee does not include annual ENR CCCI, indexed cost reflects ENR cost escalation since 2006.

Table 4.1‐1
City Buildings
Table 4.2‐1
Basic Neighborhood Park Average Cost Estimate
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Attachment 1
continued
Table 4.3‐1
Police Department Needs (in progress 0 see note below) Org. Study Current Item Sq. Ft. $ per Sq. Ft.

Expanded Police Blding + Parking Area 2760 200 $552,000 Secure outdoor area at $50 per sq. ft. 2760 50 $138,000 New Police Building (Fairlane ‐ 40 yr Debt Servicing 2019) $1,411,740 Total $690,000 $1,411,740
Table 4.4‐1
Fire Department Needs Original Current
Item
Fire Services Report (Operations and Facilities) $35,000 Development Impact Study update (finalized Feb 2023) $7,500 2023 Pacific Finance Group Impact Fee Study (suppl. 4) $2.03sq ft $786,075 $786,075 Total $35,000 $793,575 $786,075
*Square footage from growth is estimated to be 394,586, sq ft for a combined sq ft citywide of 8,500,064, or 4.64% ($786,075) of anticipated fire improvements of $16,933,400 should be covered by growth.

Storm Drainage Needs 4.5 Original Current
Item Total
Master Planning for Growth $ 100,000 $ 204,600 Total $100,000 204,600 $
*In process, City has entered into an agreement with NEC for master planning report.

Table 4.6‐1
Intersection Improvements
Original Current
Traffic Signal SR 3 & SR 263 $225,000 $460,350
Traffic Signal Upgrade at SR 3 & Moonlit Oaks $90,000 $184,140 Additional Backhoe (acquired, non DIF funding 2008‐09) $80,000 Intersection Improvements at Miner and Oregon $150,000 $306,900 Total $545,000 $951,390
Table 4.7‐2
Wastewater System Improvements
Ultimate Original Current
Vacuum Truck (acquired 2009‐10) $450,000
Office At Plant w/ secure storage $400,000 $818,400
Collection System Upgrades (completed)* $829,000 $554,000 2022 PACE Engineering Development Impact Fee Study (suppl. 3) $3,767,000 $7,707,282 Totals $829,000 $5,171,000 $8,525,682
Table 4.8‐2
Water System Improvements*
Original Current
New Filter Control Panel (USDA COP 2010 completed) $75,000 Additional Booster Pump (USDA COP2010 completed) $170,000 Stage 1 Water Treatment Plant Booster Pump Station (USDA COP2010) $1,100,000 Add Two Filters to Water Treatment Plant (USDA COP2010 completed) $600,000 Zone 2 ‐ 2.0 MG Storage Tank (USDA COP 2010 completed) $1,660,000 Zone 1 Supply Improvements from Foothill Dr. (USDA COP2010 complete $662,000 Upgrade State Street Pumps (Improvement made 2009‐10, not DIF fundi $63,000 Replacement Main in Hwy 3 $560,000
Replacement Main from Deer Creek Way to Main $144,000 TBD Alternate Water Source Study $150,000 $250,000
2022 PACE Engineering Development Impact Fee Study (supplemental 2) $8,086,000 $16,543,956 $5,121,000 $250,000
2024 ENR SF Bay Area CCI Growth 0.2%
Total
Total
Totals
General Plan Growth
Total
Totals
General Plan Growth
Totals
* Most of the original improvements listed above are being financed by a loan from USDA Certificate of Participation 2010, Water System Improvements Project. Over time that portion attributable to developer fees based on actual costs will be paid for debt servicing on the loan over the next 40 years, in 2013‐14 fees collected were transferred to the debt servicing account (Fund 72).

In 2022, City commenced construction for Water Main replacements relating to Highway 3 improvements, and will be utilizing both grant and fee revenues sources for improvements. Project cost is approximately $4.5 million.
* Collection System Upgrades are being financed by a loan from USDA Certificate of Participation 2012, Wastewater System Improvements Project. Over time that portion attributable to developer fees based on actual costs will be paid for debt servicing on the loan over the next 40 years.

The City has acquired the building for a new Police Station. Current and future DIF fees collected will be applied to the debt servicing reserves for facility reconstruction completion expected in 2018‐19.

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Base Fee
$2,519.61
Base rate is multiplied by dwelling unit
B. Citywide Streets Impact Fee $920.73
C. Park and Recreation Impact Fee $3,110.67
D. Storm Drainage Impact Fee $169.13
sq. ft.

Multi-family residence sq. ft.

E. Fire Mitigation Fee

2. Water Meter Size or if no meter, water service pipe size:

F. Water System Impact Fee * $9,290.43
Base fee multiplied by household equivalent ratio from chart.

G. Wastewater Collection System Impact Fee * $4,197.90 A. Public Facilities Base fee multiplied by household equivalent ratio from chart. B. Streets C. Park and Recreation
D. Storm Drainage
H. Wastewater Treatment System Impact Fee* $6,452.50
Base fee multiplied by household equivalent ratio from chart. 1 1
1 1.5

2.5 5
8 16
25 50
80 Revised 05/30/2024
c. Accessory building with no extra vehicle trips.

SINGLE FAMILY & MULTIPLE FAMILY DWELLING WORKSHEET
City of Yreka Municipal Utility Services, Impact, & Connection Fees Fee Calculation Worksheet
Property Address: _____________________________________ Assesor's Parcel Number: ________________________________________ A. Public Facilities Impact Fee
Exemptions (See YMC 11.23.130)
a. Alteration/renovation/expansion of residential building where no additional dwelling units are created.
b. Expansion of commercial/industrial structure which is less than Base rate is multiplied by dwelling unit 50% of the square footage of the existing structures. d. Replacement structure, same size, within 3 years.
e. Replacement mobile home.
f. Fees pursuant to an Encroachment Permit will be charged for Base rate is multiplied by dwelling unit applicable connections only.

Base rate is multiplied by dwelling unit 1. List the building size (sq. ft.) and # of units next to the type of proposed structure:

Single family residence # of units
# of units
$2.04 per sq. ft.

Base rate is multiplied by square footage of dwelling unit see household equivalent ratio chart

3. Fees Due:

E. Fire Mitigation Fee
F. Water *
3/4"
G. Wastewater *
H. Wastewater Treatment*
* Water and Wastewater Fees (E. F. & G. above) - Multiply the base fee for each premises times the Household Equivalent ratio (from chart below) based on the meter size, or if no meter is installed the water service pipe size.

Amount Due (Total of A-H)
2 inch
5/8"
3/4" single-family residential home with approved
fire sprinkler system 1" single-family residential home with approved fire sprinkler system Permit Application Date:
1 inch

1.5 inch Name of Applicant:

Impact fees are payable prior to issuance of building permit, encroachment permit, mobile home permit & installation of water meter. Customer is subject to water meter device cost if installed by city. 3 inch
4 inch Signature:
6 inch
8 inch
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Base Fee
$2,551.05
B. Citywide Streets Impact Fee $910.62
C. Storm Drainage Impact Fee $169.13

1. List the building size (sq. ft.) and # of units next to the type of proposed structure:

D. Fire Mitigation Fee sq. ft.
sq. ft.
sq. ft.

E. Water System Impact Fee * $9,290.43 2. Water Meter Size or if no meter, water service pipe size:

Base fee multiplied by household equivalent ratio from chart.

F. Wastewater Collection System Impact Fee * $4,197.90
Base fee multiplied by household equivalent ratio from chart.

A. Public Facilities
B. Streets
C. Storm Drainage
G. Wastewater Treatment System Impact Fee* $6,452.50 D. Fire Mitigation Fee Base fee multiplied by household equivalent ratio from chart. 1 1
1 1.5

2.5 5
8 16
25 50
80 Revised 05/30/2024
A. Public Facilities Impact Fee

COMMERCIAL, OFFICE/GENERAL & INDUSTRIAL WORKSHEET
City of Yreka Municipal Utility Services, Impact, & Connection Fees Fee Calculation Worksheet
Property Address: _____________________________________ Assessor's Parcel Number: ________________________________________ e. Replacement mobile home.

Base rate for Commercial/Office/Industrial is per 1,000 sq. ft. Exemptions (See YMC 11.23.130) a. Alteration/renovation/expansion of residential building where no additional dwelling units are created.
b. Expansion of commercial/industrial structure which is less than Base rate for Commercial/Office is per 2,500 sq. ft. than 50% of the square footage of the existing structures.

Base rate for Industrial is per 5,000 sq. ft. c. Accessory building with no extra vehicle trips. d. Replacement structure, same size, within 3 years.
f. Fees pursuant to an Encroachment Permit will be charged for for applicable connections only.

Base rate for Commercial/Office/Industrial is multiplied by unit $2.04 per sq. ft. Commercial/Retail # of units
Base rate is multiplied by square footage of unit Office/General # of units Industrial # of units
see household equivalent ratio chart

3. Fees Due:

E. Water*
F. Wastewater*
G. Wastewater Treatment *

1.5 inch Name of Applicant:
* Water and Wastewater Fees (E. F. & G. above) - Multiply the base fee for each premises times the Household Equivalent ratio (from chart below) based on the meter size, or if no meter is installed the water service pipe size.

Amount Due (Total of A-G)
5/8"
3/4" single-family residential home with approved fire
sprinkler system 1" single-family residential home with approved fire sprinkler system Permit Application Date:
3/4"
1 inch
8 inch
Impact fees are payable prior to issuance of building permit, encroachment permit, mobile home permit & installation of water meter. Customer is subject to water meter device cost if installed by city. 2 inch
3 inch
4 inch Signature:
6 inch
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Attachment 3
City of Yreka
Utility Services, Impact and Connection Fees
Annual Report
FISCAL YEAR TO DATE 2023‐2024
Fee Type
Beginning
Balance 7/1/23
Fees
Collected
Fees
Expended
Deferred
Interest
Investment
Earnings
Ending Balance
6/30/24
Public Facilities 0.00 63,617.62 63,617.62 0.00 (1) Streets 92,163.18 10,006.89 102,170.07 Storm Drains 7,114.00 337.58 7,451.58 (2) Parks and Recreation 128,049.92 3,104.46 131,154.38 Fire ‐ 48,423.62 48,423.62 (5) Water (0.00) 18,543.78 18,543.78 (0.00) (3) Sewer (0.00) 10,629.13 10,629.13 (0.00) (4) 227,327.10 154,663.08 ‐ 92,790.53 ‐ 289,199.65 (1) Applied to growth related improvements of Police Station Facilities Project (2019 USDA COP). (2) Applied to growth related improvements to Stormwater Master Plan Update Project (in process). (3) Applied to growth related improvements of FC Water ImprovementProject (2010 USDA COP). (4) Applied to growth related improvements of Wastewater Improvement Project (2012 USDA COP). (5) Applied to growth related improvements of Fire Facilities Project (2023) (Planning & Design Phase).

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RESOLUTION NO. 2024-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

APPROVING THE DEVELOPMENT IMPACT FEE REPORT

AND UPDATING THE CITY'S CAPITAL IMPROVEMENT PLAN

AND DEVELOPMENT IMPACT FEE PROGRAM
WHEREAS, the City Council adopted Ordinance No. 790 and 799, which implemented the City's Development Impact Fee program, and, which established the level of Development Impact Fees; and
WHEREAS, annually the City Council approves a Capital Improvement Plan for the construction of public facilities in the City as described in the City's Developer Impact Fee Study last updated November 21, 2023 Resolution 2023-53; WHEREAS, Yreka Municipal Code Section 11.23.170 provides for an annual review of the Capital Improvement Plan, and provides for an annual review of both the City's Development Impact Fee Program and the balance of funds currently maintained in the City's various Development Impact Fee accounts; and
WHEREAS, the documents reflecting the balance in each Development Impact Fee account, the fee, interest, and income and the amount of expenditure by public facility, and the amount of refunds made for the fiscal year have been available for public review as required by law; and
WHEREAS, the City desires to review the annual reports regarding these Development Impact Fees; and
WHEREAS, the description of each such fee, its amount and various information required by Gov. Code 66006(b)(1) is attached to the staff report associated with this Resolution and is hereby incorporated by reference, as required by Gov. Code §66006(b)(1); and WHEREAS, Gov. Code §66002(b) of the Mitigation Fee Act requires the local agency to update the Capital Improvement Program annually, in order to show the improvements to be funded by the program; and
WHEREAS, pursuant to Gov. Code §§66002(b) and 65090, the Yreka City Council noticed a public hearing regarding the updating of the City of Yreka Capital Improvement Program and approving the Annual Development Impact Fee to be held on November 21, 2023 and all interested persons were heard; and
WHEREAS, the annual reports have been made available to the public at least 15 days prior to the public meeting, and a Notice of Hearing was published at least ten days prior to the public hearing in a newspaper of general circulation; and WHEREAS, the City Council has reviewed the annual report; and WHEREAS, the City of Yreka rolling five-year Capital Improvement Program indicates the approximate location, size, time of availability and cost estimates for all facilities and improvements that will be financed with those fees that are levied by the City on new developments in order to fund public capital improvements necessitated by such development.

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NOW, THEREFORE, it is hereby resolved by the City Council of the City of Yreka, California, as follows:

The City Council has received and reviewed the City's Capital Improvement Plan as set forth in the Developer Impact Fee Study with the additions identified and attached to this Resolution and made a part hereof by this reference is it hereby updated.

The City Council has received, reviewed and accepts the annual reports containing the information required by Gov. Code §66606(b)(1).

The City Manager is hereby authorized to initiate any loans between fee accounts that may be necessary during the next review period for the purpose of funding the construction of the improvements discussed in the Annual Review Report.

Adopted this 3rd day of December 2024, by the following called vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Corey Middeton, Mayor
Attest:

Cyndy Prohaska, City
Clerk
Yreka City Council Agenda
December 3, 2024

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CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From:

Prepared By:

Jason Ledbetter, City Manager
Jason Ledbetter, City Manager
Agenda Title: Discussion/Possible Direction – Discuss feedback from surveys and workshops from the community and determine if the Development of a Retail Cannabis Ordinance that complies with SB1186 will be drafted for review, or if the survey feedback has altered the different legal options the Council would like integrated into the Ordinance.

Meeting Date: December 3, 2024
Discussion:

The Medicinal Cannabis Patients' Right of Access Act, effective January 1, 2024, prohibits local jurisdictions from adopting or enforcing regulations that ban the delivery of medicinal cannabis within their jurisdiction. This act ensures that medicinal cannabis is accessible in a timely manner to patients and caregivers, in quantities that meet the local demand. Enforcement of this act can be sought by medicinal cannabis patients, businesses, the Attorney General, or other authorized parties through a writ of mandate. The bill, Senate Bill 1186, signed into law by Governor Newsom in September 2022, imposes additional responsibilities on local jurisdictions.

In March 2023, the City successfully applied for and was awarded a Retail Cannabis Licensing Program Grant from the State of California's Department of Cannabis Control (DCC). On February 6, 2024, the City Council approved a contract with the DCC for the $115,000 grant, designated to support the development of a comprehensive retail cannabis licensing program.

To facilitate the implementation of the program and ensure compliance with the grant requirements, the City has engaged SCI Consulting Group (“SCI”). SCI will assist in establishing the retail cannabis licensing framework and support the City in meeting the objectives outlined in the grant agreement. The grant funds must be expended by June 30, 2026.

Outreach Efforts:

SCI led a series of outreach efforts aimed at educating the community about SB 1186 and engaging residents in meaningful policy discussions regarding regulated commercial cannabis activity and options for developing a local ordinance.

The outreach campaign included multiple components: an online survey, an in-person community meeting on September 11, and a virtual meeting on October 10. SCI Consulting Group developed the community survey to gather input from local residents on potential amendments to Yreka’s cannabis ordinances.

Yreka City Council Agenda
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The community meetings, attended by 10 residents, provided a comprehensive overview of SB 1186, included a presentation on potential ordinance changes, facilitated group discussions, and concluded with an anonymous poll to gather participant feedback. In addition, the online survey collected a total of 317 responses, offering further insights into community perspectives.

Feedback from the Meetings and Survey Results:

Community meeting attendees and survey respondents were presented with a series of policy questions to gather input on the development of a retail cannabis program. The questions included:
• Whether the City should permit adult-use (recreational) cannabis in addition to medicinal retail cannabis delivery.
• Preferences between having a storefront retail cannabis business in the City versus a delivery-only cannabis business.
• Suggestions for any additional types of cannabis businesses that should be allowed beyond medicinal retail cannabis delivery, with respondents asked to select all applicable options.

At the community meeting, 4 out of 10 attendees expressed support for adult-use retail, while 3 out of 7 preferred having a storefront retail option over a delivery-only service. The survey results further emphasized community support, with 76% of respondents favoring the allowance of adultuse cannabis alongside medicinal cannabis, and 75% expressing a preference for storefront cannabis businesses over delivery-only options.

Fiscal Impact:

None. All costs associated with the establishment the retail cannabis licensing program is funded by the grant.

Requested Action:

Staff seeks policy direction from the City Council regarding the development of a retail cannabis ordinance. At a minimum, the City will proceed with medicinal retail cannabis delivery to comply with SB 1186. Staff requests guidance on the following options:
• Whether to allow both medicinal and adult-use (recreational) retail delivery. • Whether to permit storefront retail cannabis businesses. • Whether to authorize additional cannabis activities, such as cultivation and manufacturing.

Discussion/Possible Direction – Discuss feedback from surveys and workshops from the community and determine if the Development of a Retail Cannabis Ordinance that complies with SB1186 will be drafted for review, or if the survey feedback has altered the different legal options the Council would like integrated into the Ordinance.

The Yreka City Council will only be providing direction on a future Ordinance that will be voted on at a future City Council of Yreka meeting.

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December 3, 2024

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City of Yreka - Cannabis Regulation Survey
1 / 7

33.55% 101

30.56% 92

26.58% 80

61.46% 185

18.27% 55
Q1 Which aspect of cannabis regulation is most important to you? (Select all that apply)
Answered: 301 Skipped: 16
Total Respondents: 301
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Public Safety
Public Health
Neighborhood
and Land Use
Protection
Preventing
Youth Access
Other (please
specify)

ANSWER CHOICES RESPONSES
Public Safety
Public Health
Neighborhood and Land Use Protection
Preventing Youth Access
Other (please specify)
Yreka City Council Agenda
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City of Yreka - Cannabis Regulation Survey
2 / 7

53.77% 164

76.72% 234

64.26% 196

60.00% 183

21.64% 66
Q2 What potential benefits do you see from the city allowing cannabis businesses? (Select all that apply)
Answered: 305 Skipped: 12
Total Respondents: 305
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Increased
Access to
Cannabis...

Revenue
Generation for
the City
Creation of
New Jobs and
Economic...

Reduction in
Black Market
Activity
Other (please
specify)

ANSWER CHOICES RESPONSES
Increased Access to Cannabis Products
Revenue Generation for the City
Creation of New Jobs and Economic Opportunities
Reduction in Black Market Activity
Other (please specify)
Yreka City Council Agenda
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City of Yreka - Cannabis Regulation Survey
3 / 7

55.10% 173

30.89% 97

14.01% 44
Q3 Do you know anyone, including yourself, that currently use cannabis products, including topical products for medicinal or recreational purposes? Answered: 314 Skipped: 3
TOTAL 314
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes, for
medicinal
purposes
Yes, for
recreational
purposes
No

ANSWER CHOICES RESPONSES
Yes, for medicinal purposes
Yes, for recreational purposes
No
Yreka City Council Agenda
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City of Yreka - Cannabis Regulation Survey
4 / 7

25.24% 79

36.10% 113

38.66% 121
Q4 Do you anticipate needing or using medicinal cannabis products in the future?
Answered: 313 Skipped: 4
TOTAL 313
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
I already use
cannabis
products for...

ANSWER CHOICES RESPONSES
Yes
No
I already use cannabis products for medical or recreational purposes Yreka City Council Agenda
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City of Yreka - Cannabis Regulation Survey
5 / 7

75.80% 238

24.20% 76
Q5 In addition to allowing medicinal retail cannabis delivery, should the City also allow adult-use (recreational) cannabis?
Answered: 314 Skipped: 3
TOTAL 314
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No
Yreka City Council Agenda
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City of Yreka - Cannabis Regulation Survey
6 / 7

74.60% 235

25.40% 80
Q6 Would you rather have a storefront retail cannabis business in the City instead of a delivery-only cannabis business?
Answered: 315 Skipped: 2
TOTAL 315
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No
Yreka City Council Agenda
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City of Yreka - Cannabis Regulation Survey
7 / 7

95.58% 238

51.00% 127

45.78% 114

46.18% 115

54.22% 135

41.37% 103

44.98% 112

49.00% 122
Q7 In addition to allowing medicinal retail cannabis delivery, are there any additional cannabis businesses that should be allowed? (Select all that apply)
Answered: 249 Skipped: 68
Total Respondents: 249
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Storefront
Retail
Cultivation
Manufacturing
Distribution
Testing
Microbusinesses
Consumption
Lounges
Temporary
Events

ANSWER CHOICES RESPONSES
Storefront Retail
Cultivation
Manufacturing
Distribution
Testing
Microbusinesses
Consumption Lounges
Temporary Events
Yreka City Council Agenda
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1 PRESENTED BY:

KYLE TANKARD,

SCI CONSULTING GROUP
December 3, 2024
Yreka City Council Agenda
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About SCI
•Public finance consulting firm, specializing in local funding, policy development, and planning Services for public agencies
•SCI serves over 200 current city, county, and special district clients •Provided cannabis-related consulting services to over 40 California municipalities
2 Yreka City Council Agenda
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Agenda
•Background
•SB 1186 Overview
•Implementation Process Overview
•Community Feedback and Survey Results
•Policy Direction from Council
3 Yreka City Council Agenda
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Background
•City currently bans ALL commercial cannabis activity
•City allows for personal cultivation
•SB 1186 signed into law into 2022 and went into effect on January 1, 2024 o Requires City to regulate and allow medical cannabis delivery-only retailers
•City applied for and received a $115k grant from the Department of Cannabis Control (DCC) to develop regulations and licensing program 4 Yreka City Council Agenda
December 3, 2024

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SB 1186: Medical Cannabis Patients’ Right
of Access Act
• The Act prohibits a city from adopting or enforcing any regulation that directly or indirectly prohibits retail delivery of medicinal cannabis to patients
•Examples:
o Limiting the number of businesses authorized to deliver medicinal cannabis in the city.
o Limiting the operating hours of medicinal cannabis businesses. o Limiting the number or frequency of medicinal cannabis sales by delivery. o Limiting the types or quantities of medicinal cannabis sold. o Preventing the establishment of physical premises within the city. 5 Yreka City Council Agenda
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SB 1186: Medical Cannabis Patients’ Right
of Access Act
•Does not prevent a city from adopting or enforcing reasonable regulations on retail delivery of medicinal cannabis related to:
o Zoning requirements
o Security or public health and safety requirements
o Licensing requirements
o Imposing or collecting applicable state or local taxes on retail sales of medicinal cannabis occurring within the city.
o Regulations consistent with requirements or restrictions imposed on cannabis businesses by state law or regulations issued by the California Department of Cannabis Control (DCC).
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What Yreka is Considering?
•Coming into compliance with SB 1186
oAllow and regulate 1-3 medicinal delivery cannabis
businesses
•Utilize grant funds update municipal code, develop
licensing process, cost recovery, and tax ordinance
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Implementation
Process
Overview
8 Community Outreach / Policy Direction
Ordinance Development (Regulatory and Zoning)
Cost Recovery and Taxation
Application Process Development
Implementation
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Key Aspects of California's Cannabis Regulation
• Department of Cannabis Control (DCC)
o Oversees licensing, taxation, and enforcement
• State Licensing: The state requires a license for various commercial cannabis activities • Taxation: California imposes taxes on cannabis businesses - a retail sales tax (15%). • Enforcement: The DCC and local law enforcement agencies are responsible for enforcing cannabis regulations.
• Local Control: local jurisdictions have the power to regulate cannabis businesses within their boundaries (Zoning, licensing, taxation, bans).
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Cannabis Business Types
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Medicinal vs. Adult-Use Cannabis

MEDICINAL
• Adults 18+ can purchase with physician’s
recommendation or State-issued medical card
•Can purchase up to 8 ounces of medical
cannabis per day
•Cannabis concentrates up to 2,000 mg of THC
per package

ADULT-USE
• Adults 21+ can purchase with valid ID
•Can purchase 28.5 g (1 ounce) of nonconcentrated cannabis and 8 g of concentrated cannabis
•Cannabis concentrates limited 1,000 mg per
package
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Retail: Storefront and Non-Storefront
•Retail Storefront:
o Physical Location: These businesses have a physical storefront where customers can visit in person.
o In-Person Purchases: Customers can browse products, ask questions, and make purchases directly at the storefront.
o Additional Services: like on-site consumption and delivery •Retail Non-Storefront (Delivery)
o No In-Person Purchases: Physical location, but not open to the public o Delivery only: provide cannabis to customers solely by means of a delivery service
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Cultivation and Nursery
• Cultivation: any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
o Indoor, Outdoor, Mixed-light
•Nursery: means all activities associated with producing clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.
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Distribution
• Distribution: the procurement, sale, and commercial transport of cannabis and cannabis products between licensees.
•Distribution (Transport-only): transportation of cannabis products between licensed businesses, except to retail business.
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Manufacturing
• Manufacturing: the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or container.
o Non-volatile Manufacturing (extraction process utilizing non-volatile solvents or mechanical methods)
o Volatile Manufacturing (extraction process utilizing chemicals that produce a flammable gas or vapor)
o Infusion (make cannabis products through infusion)
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Microbusinesses
•Microbusiness: a business that may act as a retailer, distributor, manufacturer, and cultivator. A microbusiness must engage in at least three (3) of the following commercial cannabis business activities:
o Retailer or Retailer – Non-Storefront
o Distributor or Distributor – Transport only
o Cultivation (less than 10,000 sqft.)
o Manufacturer (nonvolatile)
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Testing
• Testing Facility: a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products.
•Comprehensive Testing
o THC levels and Terpene Profiles
o Contaminants such as residual solvents, pesticides, heavy metals, microbial impurities, mycotoxins, moisture content,
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Consumption Lounges & Temporary Events
• Consumption Lounges: Cigar bar style cannabis consumption lounges are allowed if the local jurisdiction provides for it in their cannabis ordinance. • Temporary Events: Temporary cannabis events are multi-day events where people can sell and consume cannabis. These events last from one to four days at a location approved by the city or county. Cannabis event organizers host temporary cannabis events.
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A Regulatory System (Ordinance) Can Include:

1. Locational Requirements

2. Operating Restrictions

3. Licensing Decisions

4. Revenue Generation – Taxes/Fees
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1. Locational Requirements – State Buffers
•Cannabis businesses cannot be located within
600 feet of a “sensitive use,” defined as a
school, day care center, or youth center.
•Local jurisdictions have the authority to
increase/decrease buffer distances, and/or
expand the definition of “sensitive use.”
o Common Local Buffers: Parks, churches, drug
treatment facilities, libraries, distance from another
retailers
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2. Operating Restrictions - Priorities
21 Public Safety
Public Health
Neighborhood and Land use Protection
Preventing Youth Access
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2. Operating Restrictions – Public Safety

STATE LAW
• 24-hour video surveillance
•Alarm systems monitored by third-party
•Limited access areas
•Commercial grade locks
•Criminal background checks of owners

CITY REGULATORY AUTHORITY
• Motion sensor lighting
•On-site safe/vault
•Security personnel
•Annual compliance inspections/ financial
audits
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2. Operating Restrictions – Public Health

STATE LAW
• Third-party testing for mold, pesticides, and
other contaminants
•Product labeling / dosing
•THC concentration limits
•Daily purchase limits for customers
•No public consumption
•Dedicated public health program funding
through cannabis tax revenue

CITY REGULATORY AUTHORITY
• Visibility restrictions
•Employee training
•Allocation of tax revenues to fund local public
health programs
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2. Operating Restrictions – Land Use

STATE LAW
• Sensitive use buffer requirements
•Cannabis waste disposal requirements
•Cannabis goods display only in retail area
•Shipment of cannabis goods may only be
accepted during business hours
•Mandatory 10PM closure

CITY REGULATORY AUTHORITY
• Exterior lighting + landscaping
•Stringent facility design standards
•Exterior waste receptacles and scheduled
cleaning
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2. Operating Restrictions – Youth Access

STATE LAW
• Retailers cannot sell cannabis to persons
under 21 (or 18 with medical ID card)
•ID verification prior to ordering and upon
delivery
•Track and trace of cannabis goods
•Tamper-evident child-resistant packages
•Product warning labels
•Universal cannabis symbol

CITY REGULATORY AUTHORITY
•Underage decoy program
•Routine inspections
•Funding of youth prevention services using
cannabis tax revenues
•Annual license renewals with automatic
revocation for underage sales
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3. Licensing Decisions – Type/Number
• Types of businesses:
o Allow just Non-storefront retail?
o Consider other cannabis business types?
•Medicinal vs. Adult-use
o Allow just medicinal to comply with the Act?
o Allow sale of medicinal and adult-use?
•Number of Retail Businesses:
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Revenue Generation – Taxes/Fees
27 Local
Cannabis
Business Tax
Cannabis
Fees to cover
City Costs
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Community Outreach
28 o Online survey to gather input on potential ordinance amendments (317 responses)
o In-person meeting (Sept. 11) and virtual community meeting (October 10) - 10 attendees
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Outreach
Feedback /
Survey Results
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Outreach
Feedback /
Survey Results
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Outreach
Feedback /
Survey Results
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Requested Action
Staff seeks policy direction from the City Council regarding the development of a retail cannabis ordinance.
• Whether to allow both medicinal and adult-use (recreational) retail delivery.
• Whether to permit storefront retail cannabis businesses. • Whether to authorize additional cannabis activities, such as cultivation, manufacturing, ect.
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? Questions
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To:

From:

Prepared by:

Agenda title:

Meeting date:

Discussion:

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
YrekaCity Council
Jason Ledbetter, City Manager
Jason Ledbetter, City Manager
Discussion/Possible Direction: Discuss whether the City of Yreka should create a plan to provide warming center services to the unhoused community during the Fall and Winter months, and if so, will the City Council provide guidance on when, where, and how much of a budget they would like to allocate to provide a warming center December 3, 2024
Prior to the COVID-19 pandemic the religious institutions in the City of Yreka worked together to provide volunteer warming center locations at different churches in Yreka, working as a round robin where the location would oscillate between a few different churches each time a warming center was needed. During this time, my understanding is that the City of Yreka played no role in facilitating or managing these warming centers.

Although the City facilitated warming centers over the past 2 winters, a formal process and council direction was never established. City staff are now seeking Council direction on the following questions:

Does the City Council for the City of Yreka want to provide a warming center? And, if so, please answer the following questions:
a. Where would Council like these warming centers to happen? b. Who will work the warming centers? If city employees, will we declare an emergency to have disaster workers work the centers or will we negotiate with the unions to include this function in the listed job duties of all City employees. Or will the City Council decide to outsource the warming centers to a non-profit under contract?
c. Who will clean up after the warming center has concluded each day? Contracts for cleaning services will need to be updated to include warming center cleaning and depending on which location is chosen carpet cleaning should be a part of the contract.

The City of Yreka has attempted to partner with other organizations for alternative locations.

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The City of Yreka has explored the Red Oak Room at the Siskiyou County Behavioral Health building, but the County has consistently denied the use of this space for a warming center. The City of Yreka attempted to partner with the Fairgrounds to put up a large military grade tent with a heating element and was turned down. The City explored a tent purchase to be placed in the parking lot of Behavioral Health or on the property of the current encampment and both of those options were abandoned over the labor cost to set up and take down the tent daily.

The City of Yreka was most successful in the Council Chambers with warming centers that included 2 County staff members and 1 City Police Officer. The Council chambers is not ideal based on location, flooring material, layout of the space, and a lack of a connected bathroom at the location. But the chambers still remains the best option for what is currently available elsewhere.

Other options for a location include the Community Center, which is on the other side of town from where most of the encampment is located. The red schoolhouse in lower greenhorn would be an option after the City invested to fix the roofing and the rest of the inside of the building. Other options include a private rental such as the Grange, but attempting to rent a space for this use can prove difficult.

The final option if the City is not interested in performing these tasks with their own employees would be to attempt to partner with a local church or other non-profit and have the City pay for the non-profit to perform a warming center at their location.

Fiscal Impact:

Unknown currently. Once Council provides direction, staff will bring back a proposal that meets Council direction with updated costs and the fiscal impact for Council vote.

Recommendation and Requested Action:

Discuss City of Yreka City Council interest for providing a warming center for the unhoused in Yreka and if the City Council has an interest in facilitating a warming center, provide the location, staffing requirements, and budget guidance for staff to develop a project to provide warming center services for Council consideration at a future meeting.

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Yreka City CouncilDecember 3, 2024

Yreka City Council
December 3, 2024