Colleen Baker, Mayor
James Clair, Mayor Pro Tempore
Corey Middleton, Councilmember
Drake Davis, Councilmember
Paul McCoy, Councilmember
John Elsnab, Interim City Manager
Juliana Lucchesi, Asst. City Manager
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
Melissa Sandberg, Human Res. Director
Cyndy Prohaska, City Clerk
Mark Gilman, Police Chief
Jerry Lemos, Fire Chief
Andrew Jared, City Attorney
YREKA CITY COUNCIL MEETING AGENDA
July 15, 2025
Closed Session: 6:00 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.yrekaca.gov/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.yrekaca.gov/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. 6:00PM CALL TO ORDER CLOSED SESSION:
2. PUBLIC COMMENT ON CLOSED SESSION ITEMS:
Public participation is limited to those items listed for closed session.
If your comments do not concern an item listed on this Agenda, please address the City Council at the next regular meeting.
The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.
Councilmembers, when recognized by the Mayor, may ask questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda.
This meeting is being livestreamed and can be viewed on Siskiyou Media Council’s YouTube Channel https://www.youtube.com/channel/UCzx2GSYFCrgE5przvnzitXQ Yreka City Council Agenda
July 15, 2025
• Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.
Public comment period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.
3. CLOSED SESSION:
The City Council will recess to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
a. Conference with Legal Counsel – anticipated litigation (Gov Code §54956.9(d)(4)) - Number of Cases: 1
4. 6:30PM CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:
5. ROLL CALL:
6. APPROVAL OF THE AGENDA:
7. PRESENTATIONS: (NONE)
8. 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. • Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please address the Council as a whole.
• Please state your name for the record prior to providing your comments. • 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.
Yreka City Council Agenda
July 15, 2025
• 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.
9. CONSENT AGENDA:
All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval/ratification of payments issued from June 8, 2025, through July 5, 2025. b. Cash Balances, Budget to Actual and Fiscal Performance Reports for April 2025. c. Approval of the Minutes of the Regular Meeting held June 17, 2025. d. Adoption of Resolution 2025-25 of the City Council of the City of Yreka Approving the Destruction of Certain City Records Identified by the Finance Director. e. Adoption of Resolution 2025-26 of the City Council of the City of Yreka authorizing the City Manager to enter into a written agreement to accept grant funds from the California Fire Foundation, if awarded, for purchase of communication equipment (handheld radios).
Recommended City Council Action: Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.
10. PUBLIC HEARINGS:
Public Hearing Protocol:
i. Mayor will describe the purpose of the Public Hearing. ii. City Staff will provide the Staff Report.
iii. City Staff will respond to questions from the City Council. iv. Mayor will open the Public Hearing.
v. Public wanting to comment will come to the podium, provide the City Clerk with their name and address, and provide their comments.
vi. Mayor will close the Public Hearing.
vii. City Council will deliberate and act on the item.
Municipal Projects Manager
a. Agenda Title: Community Development Block Grant (CDBG) Planning Grant Close-Out Public Hearing.
Recommended City Council Action: Adoption of Resolution 2025-27 of the City Council of the City of Yreka Approving Planning Grant Documents.
Planning Manager
b. Agenda Title: City of Yreka Community Development Block Grant (CDBG) Subsistence Payment Program Application.
Recommended City Council Action: Open and Close Public Hearing
11. CITY BUSINESS:
Assistant City Manager
a.Agenda Title: Discussion/Possible Action of Code Enforcement Settlement Agreement for 1409 Nugget Way, Yreka, CA, Assessor’s Parcel Number 062-091-270-000.
Yreka City Council Agenda
July 15, 2025
Recommended City Council Action: Motion to Authorize the City Manager to enter into a Settlement Agreement with Jeremy and Brooke Mason regarding cost recovery and reimbursement for 1409 Nugget Way, Yreka CA 96097 Assessor's Parcel Number 062-091-270-000.
City Manager
b.Agenda Title: Introduction of and First Reading of an Ordinance Amending Chapters 2.28 and 9.48 Concerning the Fire Department, and Approving a Resolution of the City Council Repealing Resolution 3005 Regarding the Fire Department Constitution and Bylaws.
Recommended City Council Action: (1) Introduction of a Proposed Ordinance of the City Council of the City of Yreka Amending Chapters 2.28 - Fire Department, and 9.48.180 and 9.48.190 - Miscellaneous Offenses; (2) Adopt a Resolution of the City Council of the City of Yreka Repealing City Council Resolution 3005 - Yreka Volunteer Fire Department and Constitution Bylaws; (3) Finding Ordinance Exempt from CEQA; and (4) Directing staff to take all actions required for adoption of proposed ordinance and resolution.
City Manager
c.Agenda Title: Introduction and First Reading of an Ordinance Amending Yreka Municipal Code Chapter 2.54 “City Property – Trespassing”; Consideration of Urgency Ordinance Amending Yreka Municipal Code Chapter 2.54 “City Property – Trespassing”; Determination Ordinance Not Subject to CEQA Pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378.
Recommended City Council Action: (1) Waive full reading and introduce for first reading an Ordinance Amending Yreka Municipal Code Section 2.54.010 “City Property – Trespassing” (Attachment 1); (2) Waive full reading and adopt an Urgency Ordinance Amending Yreka Municipal Code Section 2.54.010 “City Property - Trespassing” (Attachment 2); (3) Finding such ordinances are exempt from CEQA pursuant to CEQA Guidelines sections 15061(b)(3) and 15378; and (4) Directing city staff to take all actions required for adoption of proposed ordinance and urgency ordinance.
12. CITY MANAGER/STAFF REPORTS:
City Manager and Staff may make brief announcements or reports at this time.
13. 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.
14. 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.” Yreka City Council Agenda
July 15, 2025
"CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of Yreka is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing. If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Yreka, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies."
The City of Yreka does not discriminate on the basis of race, color, national origin, religion, age, gender, sexual orientation, disability, or any other legally protected classes in employment or provision of services. In compliance with the Americans with Disabilities Act, those requiring accommodations for this meeting should notify the City Clerk 48 hours prior to the meeting at (530) 841-2386 or by notifying the Clerk at [email protected].
AFFIDAVIT OF NOTIFICATION AND POSTING
STATE OF CALIFORNIA)
COUNTY OF SISKIYOU) SS
CITY OF YREKA)
I, Cyndy Prohaska, City Clerk for the City of Yreka, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Yreka, California, was delivered and/or notice by email not less than 72 hours, before the hour of 6:00PM on July 15, 2025 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.yrekaca.gov and posted at Yreka City Hall, 701 Fourth St., Yreka, California.
/s/: Cyndy Prohaska
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Fund Type Fund Fund Description Previous Balance
Receipts /
Debits
Disbursements /
Credits
Cash Balance by
Fund
General-Unrestricted 01 General Operating $ 9,027,187.63 $ 1,474,253.68 $ 747,938.40 $ 9,753,502.91 General-Designated 01 General Oper. - Other - - - 0.00
General-Designated 01 Comm Art - - - 0.00
General-Designated 01 Fire Museum 3,322.35 - - 3,322.35 General-Designated 01 Planning Deposits - - - 0.00
General-Designated 01 Sidewalk in Lieu 39,278.46 - - 39,278.46 General-Designated 01 Parkland Trust 300.00 - - 300.00
General-Designated 01 Police Asset Forfeit 17,089.86 - - 17,089.86 General-Designated 01 Parking Fees - - - 0.00
General-Designated 01 Campbell Tract Redemption - - - 0.00 General-Designated 02 Gifts Donations 20,860.60 - - 20,860.60 General-Designated 02 K-9 Unit - - - 0.00
General-Designated 02 YPD Donated - Hitson 7,491.82 347.31 - 7,839.13 General-Designated 02 YPD Donated - Travellers 741.68 - - 741.68 General-Designated 02 YPD Donated - Teen Fund 3,956.43 - - 3,956.43 General-Designated 03 YVFD Volunter Fund (0.00) - - (0.00) General-Restricted 04 Crandell Cash 443,647.89 4,662.23 - 448,310.12 General-Restricted 05 Property Abatement Recovery (215,782.31) - - (215,782.31) General-Designated 08 Grant Projects Reserve 1,568,812.93 - - 1,568,812.93 General-Designated 08 PERS Pension Liability Reserve - - - 0.00 General-Designated 09 Reserves for Cap. Outlay 592,842.60 - - 592,842.60 General-Designated 10 Capital Outlay (484,420.88) - - (484,420.88) General-Designated 11 Capital Building Project - YPD 14,940.19 12,597.11 2,605.59 24,931.71 General - All General-Designated 12 Debt Servicing - GF (YPD Bldg) 473,575.60 - 82,187.50 391,388.10 General-Designated 12 Debt Servicing Reserves - GF (YPD Bldg) 200,000.00 - - 200,000.00 General-Designated 90 Payroll Clearing (716,465.50) 765,642.27 634,026.56 (584,849.79) $ 11,788,123.90 Spec. Rev. -Streets 20 Road and Street Funds including HUTA 1,142,538.74 40,692.43 56,688.41 1,126,542.76 Spec. Rev. -Streets 21 Local Transportation 972,828.13 10,643.90 - 983,472.03 Streets Spec. Rev. -Streets 24 Fines - Traffic Safety 258,130.81 3,967.82 5,663.73 256,434.90 $ 2,366,449.69 Special Revenue 30 Fire Assessment Spec. Rev 1,388,346.23 41,538.58 7,601.85 1,422,282.96 Special Revenue 31 Landfill Access Fee - Debt Service 91,705.56 18,969.19 3,087.68 107,587.07 Special Revenues Special Revenue 32 Developer Impact Fees 298,555.30 305,862.99 - 604,418.29 $ 2,134,288.32 Solid Waste 50 Solid Waste Operating 401,712.69 - 2,127.37 399,585.32 Solid Waste Solid Waste 51 Solid Waste Capital Projects (419,932.56) - - (419,932.56) $ (20,347.24) Special Grants 60 Spec Grants Capital Outlay 538,764.79 - 29,457.76 509,307.03 Special Grants Special Grants 65 Community Development Grants 394,223.48 5,336.33 - 399,559.81 SpecialOperating 67 SUMIT Operating 409,910.75 - - 409,910.75 $ 1,318,777.59 Water Enterprise 70 Water Operating (1,684,760.67) 232,057.29 557,885.22 (2,010,588.60) Water Enterprise 71 Water Capital Projects 5,883,880.59 206,053.99 52,332.50 6,037,602.08 Water Enterprise 72 Water Debt Servicing 522,979.60 332,848.17 65,170.16 790,657.61 Water Enterprise 72 USDA COPS 2010 300,000.00 - - 300,000.00 Water Enterprise Water Enterprise 74 Water Reserves 3,895,555.90 94,083.22 206,053.99 3,783,585.13 $ 8,901,256.22 Sewer Enterprise 80 Sewer Operating (819,919.80) 265,157.72 598,959.12 (1,153,721.20) Sewer Enterprise 81 Sewer Capital Outlay 1,178,427.07 1,049,982.00 29,136.39 2,199,272.68 Sewer Enterprise 82 Sewer Debt Servicing (448,078.70) 393,794.00 - (54,284.70) Sewer Enterprise 82 USDA COPS 2003 610,000.00 - - 610,000.00 Enterprise-Sewer Sewer Enterprise 84 Sewer Reserves 4,700,550.84 56,427.53 1,049,982.00 3,706,996.37 $ 5,308,263.15 Agency
Agency 92 Agency SUMIT - Cash 3,717.17 - - 3,717.17 $ 3,717.17 COLUMN TOTALS $ 30,616,515.27 $ 5,314,917.76 $ 4,130,904.23 $ 31,800,528.80 $ 31,800,528.80 -
BANK RECAPITULATION PER BANK Market Value Unrealized Gain PER LEDGER L.A.I.F. 0.861% 26,298,956.09 25,960,367.92 (338,588.17) Pershing Bank - CD & Treas Investments 3,185,000.00 3,180,673.30 (4,326.70) Pershing Bank - Cash 260,305.26
Petty Cash Drawers 1,200.00
YVFD Petty Cash -
Banner Bank (DDA for Bank Anticipation Note) -
MB SUMIT Operating x2233 412,460.84
MB SUMIT Asset Forfeiture X4281 3,707.71
Mechanics Bank - ZBA x6830 -
Mechanics Bank - MM x6505 501,822.57
Mechanics Bank - 01015102 1,183,090.13
TOTAL PER BANK 31,846,542.60
ADJUSTMENTS
Less Outstanding Checks MB (31,585.40)
Less Outstanding Checks SVB SUMIT (2,550.09)
Interest CR (GL ) (9.80)
XFER Jan 24,395.19
AFLAC (144.77)
Health 7,762.62
BRMS 45.81
VSP 55.68
JE Retiree Dental R. Buker 209.21
Unreconciled Diff 708.32
Business License Adj. 5 Yreka Inc. (27,772.74)
Mechanics Money Market 6505 April (1,822.57)
MBSC Interest - April (15,305.26)
TOTAL PER LEDGER 31,800,528.80 31,800,528.80
(0.00)
Colleen Baker, City Mayor
Emily Aldrich, Finance Director
CITY OF YREKA
REPORT ON CASH TO THE CITY COUNCIL
Apr-2025
Yreka City Council Agenda
July 15, 2025
2024-2025 Operating Budget of Revenue and Expenditures
with Year to Date Actual Results April 30, 2025
Fund Analysis
Major Grp Fund 2 Adopted Operating Budget Year to Date 3 Adopted Operating Budget Year to Date 4 Operating Budget Net Actual
Year to Date
Current Cash
Balance
Investment in LAIF 00 - - - - - - -
General Operating 01 9,656,784.50 10,755,895.96 8,479,635.79 9,606,592.15 10,546,445.95 8,735,072.86 209,450.01 (255,437.07) 9,813,493.58 General Operating Fund 9,656,784.50 10,755,895.96 8,479,635.79 9,606,592.15 10,546,445.95 8,735,072.86 209,450.01 (255,437.07) 9,813,493.58 Gifts Donations 02 - - 968.79 1,500.00 7,500.00 2,138.25 (7,500.00) (1,169.46) 33,397.84 Trusts -Crandell-Stewart 04 - - 14,205.36 2,300.00 2,300.00 2,279.78 (2,300.00) 11,925.58 448,310.12 Property Abatement 05 - 110,000.00 100,000.00 - 110,000.00 145,555.79 - (45,555.79) (215,782.31) General Fund Reserves 08 376,000.00 - 68,875.71 376,000.00 - - - 68,875.71 1,568,812.93 Reserves for Cap. Outlay 09 - - 7,999.44 - - - - 7,999.44 592,842.60 Capital Outlay 10 75,000.00 95,000.00 29,272.63 75,000.00 95,000.00 - - 29,272.63 (484,420.88) Construction Fund 11 - - 55,345.07 - - 30,459.95 - 24,885.12 24,931.71 General Fund Debt Servicing 12 126,375.00 126,375.00 126,375.00 126,375.00 126,375.00 126,681.25 - (306.25) 591,388.10 Payroll Clearing 90 - - - - - 71,096.31 - (71,096.31) (584,849.79) General Fund - Restricted or Designated 577,375.00 331,375.00 403,042.00 581,175.00 341,175.00 378,211.33 (9,800.00) 24,830.67 1,974,630.32 Total General Fund 10,234,159.50 11,087,270.96 8,882,677.79 10,187,767.15 10,887,620.95 9,113,284.19 199,650.01 (230,606.40) 11,788,123.90 Gas Tax & Traffic Cong. 20 1,174,786.35 1,251,257.93 1,237,445.58 1,174,786.35 1,251,257.93 824,207.89 - 413,237.69 1,126,542.76 Local Transportation 21 200,000.00 128,264.00 214,875.10 200,000.00 128,264.00 233,946.00 - (19,070.90) 983,472.03 Fines - Traffic Safety 24 76,320.14 82,819.12 82,540.80 76,320.14 82,819.12 44,848.39 - 37,692.41 256,434.90 Road, Street & Transit - Restricted 1,451,106.49 1,462,341.05 1,534,861.48 1,451,106.49 1,462,341.05 1,103,002.28 - 431,859.20 2,366,449.69 Total Road, Streets and Transit 1,451,106.49 1,462,341.05 1,534,861.48 1,451,106.49 1,462,341.05 1,103,002.28 - 431,859.20 2,366,449.69 Fire Assessment Spec. Rev 30 353,000.00 374,000.00 331,973.12 105,726.24 345,726.24 174,851.49 28,273.76 157,121.63 1,422,282.96 Landfill Access Fee - Debt Service 31 240,000.00 241,000.00 203,141.57 240,000.00 241,000.00 204,619.05 - (1,477.48) 107,587.07 Developer Impact Fees 32 26,000.00 366,500.00 340,327.02 9,500.00 24,745.00 - 341,755.00 340,327.02 604,418.29 Special Revenue - Restricted 619,000.00 981,500.00 875,441.71 355,226.24 611,471.24 379,470.54 370,028.76 495,971.17 2,134,288.32 Total Special Revenue 619,000.00 981,500.00 875,441.71 355,226.24 611,471.24 379,470.54 370,028.76 495,971.17 2,134,288.32 Spec Grants Capital Outlay 60 1,075,000.00 1,565,000.00 148,867.78 1,075,000.00 1,629,500.00 1,800,536.00 (64,500.00) (1,651,668.22) 509,307.03 Community Development Grants 65 600.00 645,800.00 170,742.83 15,000.00 660,317.92 255,856.10 (14,517.92) (85,113.27) 399,559.81 SUMIT Operating Fund 67 - - - - 200,000.00 - (200,000.00) - 409,910.75 Special Grants - Capital Projects 1,075,600.00 2,210,800.00 319,610.61 1,090,000.00 2,489,817.92 2,056,392.10 (279,017.92) (1,736,781.49) 1,318,777.59 Special Grants - Operating &
Capital Projects 1,075,600.00 2,210,800.00 319,610.61 1,090,000.00 2,489,817.92 2,056,392.10 (279,017.92) (1,736,781.49) 1,318,777.59 Solid Waste Operating 50 - - - - 13,738.22 26,053.36 - (26,053.36) 399,585.32 Solid Waste Capital Projects 51 - - - - - - - - (419,932.56) Solid Waste - - - - 13,738.22 26,053.36 - (26,053.36) (20,347.24) Solid Waste - - - - 13,738.22 26,053.36 - (26,053.36) (20,347.24) Water Operating 70 3,904,090.73 2,800,323.84 1,899,861.81 3,904,090.73 3,922,579.82 2,527,955.92 (1,122,255.98) (628,094.11) (2,010,588.60) Water Capital Projects 71 3,634,000.00 5,356,053.99 2,659,960.99 2,856,358.00 5,356,053.99 507,275.21 - 2,152,685.78 6,037,602.08 Water Debt Servicing 72 356,348.17 348,848.17 332,848.17 348,848.17 348,848.17 62,427.29 - 270,420.88 1,090,657.61 Water Reserves 74 199,384.82 894,089.81 684,177.05 - - - 894,089.81 684,177.05 3,783,585.13 Water Enterprise 8,093,823.72 9,399,315.81 5,576,848.02 7,109,296.90 9,627,481.98 3,097,658.42 (228,166.17) 2,479,189.60 8,901,256.22 Sewer Operating 80 3,282,585.16 2,734,905.18 1,705,305.90 3,282,585.16 3,112,524.82 1,998,901.12 (377,619.64) (293,595.22) (1,153,721.20) Sewer Capital Outlay 81 1,049,982.00 5,299,982.00 6,705,331.00 1,049,982.00 5,299,982.00 2,914,340.47 - 3,790,990.53 2,199,272.68 Sewer Debt Servicing 82 401,589.00 402,539.00 393,794.00 400,455.00 402,539.00 310,063.75 - 83,730.25 555,715.30 Sewer Reserves 84 (456,712.98) (904,427.18) (303,667.09) - - - (904,427.18) (303,667.09) 3,706,996.37 Sewer Enterprise Fund 4,277,443.18 7,532,999.00 8,500,763.81 4,733,022.16 8,815,045.82 5,223,305.34 (1,282,046.82) 3,277,458.47 5,308,263.15 Total Enterprise Funds 12,371,266.90 16,932,314.81 14,077,611.83 11,842,319.06 18,442,527.80 8,320,963.76 (1,510,212.99) 5,756,648.07 14,209,519.37 SUMIT Agency Trust - Cash 92 - - - - - - - - 3,717.17
Agency Funds - - - - - - - - 3,717.17 \
Total Agency Funds - - - - - - - - 3,717.17
All Funds Combined 25,751,132.89 32,674,226.82 25,690,203.42 24,926,418.94 33,907,517.18 20,999,166.23 (1,219,552.14) 4,691,037.19 31,800,528.80 Excess of Rev over Exp.-Surplus/
R E V E N U E E X P E N S E (Deficit)
Approval:______________________________________________________Colleen Baker, City Mayor 6/16/2025 11:41 AM Yreka City Council Agenda
July 15, 2025
City of Yreka Financial Statement Groupings
Summary FY 24-25 YTD Fiscal Performance
as of April 30, 2025
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
1. GENERAL FUNDSRevenue
801 REVENUE: PROP TAXES 1,409,333.00 1,585,845.00 1,466,154.02 -119,690.98807 MVLF IN LIEU 740,000.00 433,290.36 -418,463.64 851,754.00810 SALES TAX 4,392,000.00 4,392,000.00 2,723,747.67 -1,668,252.33813 REVENUE: TOT TAXES 1,200,000.00 1,064,241.85 -135,758.15 1,200,000.00814 REVENUE: FRANCHISE FEES 300,000.00 315,179.15 15,179.15 300,000.00815 REVENUE - LICENSES AND PERMITS 260,700.00 249,699.87 -88,500.13 338,200.00825 REVENUE - FINES & FORFEITURES 250.00 15,836.20 15,586.20 250.00830 REVENUE - USE OF MONEY & PROPERTY 160,800.00 600,420.27 379,620.27 220,800.00850 REVENUE - INTERGOVERNMENTAL 1,101,616.50 1,309,579.96 1,404,623.31 95,043.35870 REVENUE - USER FEES AND CHARGES 65,150.00 54,231.66 -45,918.34 100,150.00880 ICA ALLOCATION 598,310.00 480,000.00 2,308.00 477,692.00882 REVENUE - OTHER 6,000.00 45,980.80 39,980.80 6,000.00883 GAIN (LOSS) ON SALE OF ASSETS 0.00 29,272.63 29,272.63 0.00898 INTERFUND TRANSFERS 0.00 0.00 -305,000.00 305,000.00
1. GENERAL FUNDS Revenue Totals 10,234,159.50 11,087,270.96 8,882,677.79 -2,204,593.17Expense 100 MAYOR, COUNCIL, CITY MANAGER, CLERK 677,910.94 706,013.63 457,692.98 248,320.65110 EXP. GENERAL GOVERNMENT 1,419,562.75 1,160,469.41 1,454,478.48 -294,009.07130 PUBLIC SAFETY CODE ENFORCEMENT 173,214.92 302,762.40 -17,088.33 285,674.07 Monday, June 16, 2025 Page 1 of 9
Yreka City Council Agenda July 15, 2025
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
200 PUBLIC SAFETY - POLICE 4,531,653.76 4,965,804.20 3,323,012.52 1,642,791.68210 PUBLIC SAFETY - FIRE 785,720.55 470,177.27 350,323.49 820,500.76215 PUBLIC SAFETY - HAZARD MITIGATION 0.00 117,002.35 43,029.62 160,031.97220 PLANNING AND DEVELOPMENT 964,305.38 851,541.35 190,031.39 1,041,572.74300 PUBLIC WORKS - ENGINEERING AND ADMIN 110,381.21 55,285.78 59,268.46 114,554.24350 PUBLIC WORKS - MECHANICAL MAINT (ELIM) 0.00 571,419.23 -571,419.23 0.00370 PUBLIC WORKS - SERVICE CENTER (ELIM) 0.00 39,917.29 -39,917.29 0.00400 CULTURAL & REC - PARKS AND REC 537,936.15 336,706.22 226,841.66 563,547.88600 COMMUNITY DEVELOPMENT 0.00 108,070.07 -108,070.07 0.00645 CAPITAL OUTLAY 75,000.00 30,459.95 44,540.05 75,000.00740 PRINCIPAL ON LT DEBT 38,000.00 38,000.00 0.00 38,000.00745 INTEREST ON LT DEBT 88,375.00 88,681.25 -306.25 88,375.00760 INTERFUND TRANSFERS 785,706.49 868,077.05 0.00 868,077.05
1. GENERAL FUNDS Expense Totals 10,187,767.15 10,887,620.95 9,113,284.19 1,774,336.761. GENERAL FUNDS Net Position Change 46,392.35 199,650.01 -230,606.40 -430,256.41 Monday, June 16, 2025 Page 2 of 9
Yreka City Council Agenda July 15, 2025
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 1. GENERAL FUNDS (1149 detail records)2. STREETS FUNDSRevenue 825 REVENUE - FINES & FORFEITURES 15,000.00 15,000.00 12,478.58 -2,521.42830 REVENUE - USE OF MONEY & PROPERTY 6,500.00 59,284.83 46,284.83 13,000.00850 REVENUE - INTERGOVERNMENTAL 632,900.00 571,021.02 -4,242.98 575,264.00882 REVENUE - OTHER 0.00 44,000.00 44,000.00 0.00887 REVENUE: INKIND 11,000.00 0.00 -11,000.00 11,000.00898 INTERFUND TRANSFERS 785,706.49 848,077.05 848,077.05 0.00
2. STREETS FUNDS Revenue Totals 1,451,106.49 1,462,341.05 1,534,861.48 72,520.43Expense 300 PUBLIC WORKS - ENGINEERING AND ADMIN 86,740.04 86,480.00 46,060.20 40,419.80310 PUBLIC WORKS - STREET MAINTENANCE 624,379.69 198,691.81 383,629.67 582,321.48311 PUBLIC WORKS - STREET SWEEPING 108,579.77 52,681.15 40,323.86 93,005.01312 PUBLIC WORKS - STREET LIGHTING 71,121.10 36,976.82 25,639.98 62,616.80313 PUBLIC WORKS - WEED CONTROL STREETS 7,545.43 3,228.02 11,984.32 15,212.34314 PUBLIC WORKS - PUBLIC PARKING LOTS 1,974.35 2,037.65 862.96 1,174.69315 PUBLIC WORKS - STREETSCAPE MAINTENANCE 0.00 33,079.90 20,210.31 53,290.21320 PUBLIC WORKS - TRAFFIC SAFETY 76,320.14 44,848.39 37,970.73 82,819.12340 TRANSPORTATION 200,000.00 233,946.00 -105,682.00 128,264.00390 PUBLIC WORKS - STORM DRAINS 184,445.97 106,346.26 88,948.18 195,294.44645 CAPITAL OUTLAY 90,000.00 346,280.77 -185,280.77 161,000.00
2. STREETS FUNDS Expense Totals 1,451,106.49 1,462,341.05 1,103,002.28 359,338.772. STREETS FUNDS Net Position Change 0.00 0.00 431,859.20 431,859.20 Monday, June 16, 2025 Page 3 of 9
Yreka City Council Agenda July 15, 2025
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 2. STREETS FUNDS (329 detail records)3. SPECIAL REVENUE FUNDSRevenue 811 OTHER TAXES 335,000.00 346,000.00 289,146.45 -56,853.55815 REVENUE - LICENSES AND PERMITS 26,000.00 330,789.88 -35,710.12 366,500.00830 REVENUE - USE OF MONEY & PROPERTY 18,000.00 52,363.81 24,363.81 28,000.00870 REVENUE - USER FEES AND CHARGES 240,000.00 203,141.57 -37,858.43 241,000.00
3. SPECIAL REVENUE FUNDS Revenue Totals 619,000.00 981,500.00 875,441.71 -106,058.29Expense 100 COLLECTION EXPENSE 65,000.00 66,000.00 29,619.05 36,380.95210 PUBLIC SAFETY - FIRE 15,000.00 30,830.30 14,169.70 45,000.00645 CAPITAL OUTLAY 0.00 68,415.99 141,584.01 210,000.00740 PRINCIPAL ON LT DEBT 203,719.66 188,838.12 14,881.54 203,719.66745 INTEREST ON LT DEBT 62,006.58 61,767.08 239.50 62,006.58760 INTERFUND TRANSFERS 9,500.00 0.00 24,745.00 24,745.00
3. SPECIAL REVENUE FUNDS Expense Totals 355,226.24 611,471.24 379,470.54 232,000.703. SPECIAL REVENUE FUNDS Net Position Change 263,773.76 370,028.76 495,971.17 125,942.41 Monday, June 16, 2025 Page 4 of 9
Yreka City Council Agenda July 15, 2025
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 3. SPECIAL REVENUE FUNDS (46 detail records)4. CAPITAL & CDBG GRANTSRevenue 830 REVENUE - USE OF MONEY & PROPERTY 600.00 800.00 10,622.09 9,822.09850 REVENUE - INTERGOVERNMENTAL 1,075,000.00 283,988.52 -1,556,011.48 1,840,000.00882 REVENUE - OTHER 0.00 5,000.00 5,000.00 0.00898 INTERFUND TRANSFERS 0.00 20,000.00 -350,000.00 370,000.00
4. CAPITAL & CDBG GRANTS Revenue Totals 1,075,600.00 2,210,800.00 319,610.61 -1,891,189.39Expense 220 PLANNING AND DEVELOPMENT 0.00 0.00 0.00 0.00600 COMMUNITY DEVELOPMENT 90,000.00 279,463.23 395,536.77 675,000.00645 CAPITAL OUTLAY 1,000,000.00 1,814,817.92 1,776,928.87 37,889.05
4. CAPITAL & CDBG GRANTS Expense Totals 1,090,000.00 2,489,817.92 2,056,392.10 433,425.824. CAPITAL & CDBG GRANTS Net Position Change -14,400.00 -279,017.92 -1,736,781.49 -1,457,763.57 Monday, June 16, 2025 Page 5 of 9
Yreka City Council Agenda July 15, 2025
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 4. CAPITAL & CDBG GRANTS (164 detail records)5. WATER FUNDSRevenue 830 REVENUE - USE OF MONEY & PROPERTY 80,000.00 115,000.00 275,219.99 160,219.99850 REVENUE - INTERGOVERNMENTAL 3,634,000.00 5,150,000.00 2,453,907.00 -2,696,093.00870 REVENUE - USER FEES AND CHARGES 4,372,323.72 2,847,632.79 -846,667.21 3,694,300.00882 REVENUE - OTHER 0.00 88.24 88.24 0.00898 INTERFUND TRANSFERS 7,500.00 0.00 -440,015.81 440,015.81
5. WATER FUNDS Revenue Totals 8,093,823.72 9,399,315.81 5,576,848.02 -3,822,467.79Expense 100 COLLECTION EXPENSE 377,096.95 351,230.13 221,850.93 129,379.20300 ENGINEERING 420,500.36 125,834.04 197,346.84 323,180.88500 WATER DISTRIBUTION EXPENSE 1,252,622.89 1,377,662.37 502,017.12 875,645.25510 WATER TREATMENT AND CONSERVATION 1,431,639.65 1,090,858.12 406,673.32 1,497,531.44510 COST OF POWER AND WATER 306,600.00 327,395.71 3,604.29 331,000.00645 CAPITAL OUTLAY 3,425,000.00 5,925,053.99 507,275.21 5,417,778.78690 CAPITALIZATION OF ASSETS -775,000.00 -775,000.00 0.00 -775,000.00740 PRINCIPAL ON LT DEBT 230,024.89 0.00 230,024.89 230,024.89745 INTEREST ON LT DEBT 118,823.28 62,427.29 56,395.99 118,823.28799 ICA EXPENSE 321,988.88 260,000.00 -12,025.00 247,975.00
5. WATER FUNDS Expense Totals 7,109,296.90 9,627,481.98 3,097,658.42 6,529,823.565. WATER FUNDS Net Position Change 984,526.82 -228,166.17 2,479,189.60 2,707,355.77 Monday, June 16, 2025 Page 6 of 9
Yreka City Council Agenda July 15, 2025
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 5. WATER FUNDS (392 detail records)6. SEWER FUNDSRevenue 830 REVENUE - USE OF MONEY & PROPERTY 95,000.00 75,500.00 146,647.30 71,147.30850 REVENUE - INTERGOVERNMENTAL 271,000.00 5,655,349.00 1,405,349.00 4,250,000.00870 REVENUE - USER FEES AND CHARGES 3,909,443.18 2,698,014.21 -619,494.79 3,317,509.00882 REVENUE - OTHER 0.00 0.00 0.00 0.00883 GAIN (LOSS) ON SALE OF ASSETS 0.00 753.30 753.30 0.00898 INTERFUND TRANSFERS 2,000.00 -110,010.00 0.00 110,010.00
6. SEWER FUNDS Revenue Totals 4,277,443.18 7,532,999.00 8,500,763.81 967,764.81Expense 100 COLLECTION EXPENSE 386,810.95 357,055.64 221,372.86 135,682.78300 ENGINEERING 324,568.36 124,094.73 190,219.99 314,314.72510 COST OF POWER AND WATER 330,135.00 241,776.72 25,423.28 267,200.00550 WASTEWATER COLLECTION EXPENSE 850,236.50 299,665.10 447,686.57 747,351.67560 WASTEWATER TREATMENT EXPENSE 1,126,513.23 1,208,885.79 891,991.71 316,894.08645 CAPITAL OUTLAY 1,037,982.00 5,287,982.00 2,914,340.47 2,373,641.53690 CAPITALIZATION OF ASSETS 0.00 0.00 0.00 0.00740 PRINCIPAL ON LT DEBT 191,000.00 99,000.00 94,000.00 193,000.00745 INTEREST ON LT DEBT 209,455.00 211,063.75 -1,524.75 209,539.00799 ICA EXPENSE 276,321.12 220,000.00 9,717.00 229,717.00
6. SEWER FUNDS Expense Totals 4,733,022.16 8,815,045.82 5,223,305.34 3,591,740.486. SEWER FUNDS Net Position Change -455,578.98 -1,282,046.82 3,277,458.47 4,559,505.29 Monday, June 16, 2025 Page 7 of 9
Yreka City Council Agenda July 15, 2025
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 6. SEWER FUNDS (262 detail records)7. LANDFILL FUNDSRevenue 850 REVENUE - INTERGOVERNMENTAL 0.00 0.00 21,857.97 21,857.97
7. LANDFILL FUNDS Revenue Totals 0.00 0.00 21,857.97 21,857.97Expense 380 PUBLIC WORKS - WASTE DISPOSAL 0.00 13,738.22 26,053.36 -12,315.14645 CAPITAL OUTLAY 0.00 0.00 0.00 0.00
7. LANDFILL FUNDS Expense Totals 0.00 13,738.22 26,053.36 -12,315.147. LANDFILL FUNDS Net Position Change 0.00 -13,738.22 -4,195.39 9,542.83 Monday, June 16, 2025 Page 8 of 9
Yreka City Council Agenda July 15, 2025
ACCOUNT DESCRIPTION Adopted Bdgt Current Period Favorable or (Unfavorable)
Revised Operating
Bdgt
Summary for 'Auditor Fund' = 7. LANDFILL FUNDS (21 detail records) Grand Total -824,713.95 1,233,290.36 -4,712,895.16 -5,946,185.52 Monday, June 16, 2025 Page 9 of 9
Yreka City Council Agenda July 15, 2025
Colleen Baker, Mayor
James Clair, Mayor Pro Tempore
Corey Middleton, Councilmember
Drake Davis, Councilmember
Paul McCoy, Councilmember
John Elsnab, Interim City Manager
Juliana Lucchesi, Asst. City Manager
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
Melissa Sandberg, Human Res. Director
Cyndy Prohaska, City Clerk
Mark Gilman, Police Chief
Jerry Lemos, Fire Chief
Andrew Jared, City Attorney
YREKA CITY COUNCIL MEETING MINUTES
June 17, 2025
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.yrekaca.gov/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.yrekaca.gov/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:
Meeting was called to order at 5:30 pm.
2. PUBLIC COMMENT ON CLOSED SESSION ITEMS:
No public comment was received on closed session items.
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. Public Employee Employment (Gov Code §54957)
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
July 15, 2025
- Position: City Manager
b. Conference with Legal Counsel – anticipated litigation (Gov Code §54956.9(d)(4)) - Number of Cases: 1
4. 6:30PM CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:41 pm.
Closed session adjourned at 6:31 pm.
There was no reportable action in closed session.
5. ROLL CALL:
Councilmembers Davis, McCoy, Middleton, Clair & Baker are present.
6. APPROVAL OF THE AGENDA:
Motion to Approve Agenda as Presented
MOTIONED: Councilmember Davis
SECOND: Councilmember Clair
AYES: Councilmembers Davis, McCoy, Middleton, Clair & Baker NO’s: -0-
The motion passes unanimously
7. PRESENTATIONS: (NONE)
8. PUBLIC COMMENTS:
Public comment received by: Jan Osborn
9. 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 May 25, 2025, through June 7, 2025. b. Approval of Minutes of the Regular Meeting held June 3, 2025. c. Adoption of Resolution No. 2025-21 A Resolution of the City Council of the City of Yreka Adopting the 2025 Siskiyou County, California Local Hazard Mitigation Plan Update as the Official Hazard Mitigation Plan for the City of Yreka.
d. Adoption of Resolution 2025-22 Approving a List of Projects for Fiscal Year 2025-26 Funded by SB1:
The Road Repair and Accountability Act.
Recommended City Council Action: Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.
Yreka City Council Agenda
July 15, 2025
Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.
MOTIONED: Councilmember Middleton
SECOND: Councilmember Clair
AYES: Councilmembers Davis, McCoy, Middleton, Clair & Baker NO’s: -0-
The motion passes unanimously
10. 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.
a. Agenda Title: Tax Exempt and Fiscal Responsibility Act (TEFRA) Hearing and Adoption of a Resolution Approving Issuance of Bonds by the California Statewide Communities Development Authority for Financing the Shadow Garden Apartments.
Recommended City Council Action: Adopt Resolution 2025-23 of the City Council of the City of Yreka Approving the Issuance by the California Statewide Communities Development Authority of Exempt Facility Bonds for a Qualified Residential Rental Project for the Shadow Garden Apartments.
No public comment received.
Motion to Adopt Resolution 2025-23 of the City Council of the City of Yreka Approving the Issuance by the California Statewide Communities Development Authority of Exempt Facility Bonds for a Qualified Residential Rental Project for the Shadow Garden Apartments.
MOTIONED: Councilmember Clair
SECOND: Councilmember Middleton
AYES: Councilmembers Davis, McCoy, Middleton, Clair & Baker NO’s: -0-
The motion passes unanimously
11. CITY BUSINESS:
Interim Human Resources Director
a. Agenda Title: Approval of the Memorandum of Understanding Between the City of Yreka and the United Public Employees of California LiUNA Local 792 (UPEC) for the Management Employees Unit (YMEU).
Recommended City Council Action: Motion to Adopt Resolution 2025-24 of the City Council of the City of Yreka Approving the Execution of the Memorandum of Understanding between the City of Yreka and the United Public Employees of California LiUNA Local 792 (UPEC) for the Management Employees Unit (YMEU).
No public comment received
Yreka City Council Agenda
July 15, 2025
Motion to Adopt Resolution 2025-24 of the City Council of the City of Yreka Approving the Execution of the Memorandum of Understanding between the City of Yreka and the United Public Employees of California LiUNA Local 792 (UPEC) for the Management Employees Unit (YMEU).
MOTIONED: Councilmember McCoy
SECOND: Councilmember Middleton
AYES: Councilmembers Davis, McCoy, Middleton, Clair & Baker NO’s: -0-
The motion passes unanimously
Planning Manager
b. Agenda Title: Discussion/Possible Action on the Discover Siskiyou Yreka Events Proposal Amendment and a Letter of Support for the Discover Siskiyou Levitt Music Series Grant Application.
Recommended City Council Action: (1) Motion to Approve the Discover Siskiyou Events Proposal Amendment Contingent Upon a Successful Levitt Music Series Grant Application and (2) Motion to Authorize the City Manager to Sign a Letter of Support on Behalf of the City of Yreka for the Discover Siskiyou Levitt Music Series Grant Application.
No public comment received
Motion to Approve the Discover Siskiyou Events Proposal Amendment Contingent Upon a Successful Levitt Music Series Grant Application and (2) Motion to Authorize the City Manager to Sign a Letter of Support on Behalf of the City of Yreka for the Discover Siskiyou Levitt Music Series Grant Application.
MOTIONED: Councilmember McCoy
SECOND: Councilmember Davis
AYES: Councilmembers Davis, McCoy, Middleton, Clair & Baker NO’s: -0-
The motion passes unanimously
Councilmember Middleton & McCoy
c. Agenda Title: Addressing Council – Changing the Public Comment Time Period from Five Minutes to Three Minutes.
Recommended City Council Action: Direction to City Staff Regarding Ordinance Update for Addressing Council.
Public comment received by: Lorenzo Love, Louise Gliatto & Jan Osborn Discussion only: Council Directed City Staff to Place This Item on a Future Agenda for Further Discussion / Possible Action.
Councilmember Davis
d. Agenda Title: Discussion/Possible Action – Discussion with the City Council to Direct the City Manager and the City Attorney to Research and Develop a Mobile Home Park Rent Stabilization Ordinance.
Recommended City Council Action: Direction to the City Manager to Work with the City Attorney to Research and Develop a Mobile Home Park Rent Stabilization Ordinance.
Yreka City Council Agenda
July 15, 2025
Public comment received by: Judy Crawford and Rick Andreessen Motion to Direct the City Manager to Work with the City Attorney to Research and Develop a Mobile Home Park Rent Stabilization Ordinance to be Brought Back to the Council for further Discussion the Second Meeting in October 2025.
MOTION: Councilmember Middleton
SECOND: Councilmember Baker
AYES: Councilmembers Davis, Middleton, Clair & Baker
NO’s: Councilmember McCoy
The motion passes.
Madam Mayor
e. Agenda Title: Mayor’s Committee Appointments
Recommended City Council Action: Mayor of Yreka to make committee member selections for various working committees where a councilmember is representing the City of Yreka.
No public comment received.
Madam Mayor makes the following appointments.
*Councilmembers McCoy and Clair appointed to Finance Committee for a two-year term expiring January 2027. * Councilmember Davis appointed to Fire Safe Council.
*Councilmember Baker appointed to Collier Interpretive and Information Center Agency. *Councilmember Middleton appointed to COC (Continuum of Care) with Councilmember McCoy serving as the Alternate.
12. CITY MANAGER/STAFF REPORTS:
Interim City Manager John Elsnab gave an update.
Assistant City Manager Juliana Lucchesi gave an update.
Police Chief Mark Gilman gave an update.
Fire Chief Jerry Lemos gave an update.
13. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:
Councilmember Davis gave an update on Fire Safe Council.
Councilmember Clair gave an update.
Councilmember Middleton requested that the enforcement of the No Camping Ordinance be on the July 15th agenda for discussion on enforcement.
Yreka City Council Agenda
July 15, 2025
Councilmember McCoy requested that the City Manager look into what the cost of cleaning the Yreka Greenway would be and to get into contact with Cal Trans about cleaning up the garbage on Hwy 3.
Councilmember Baker gave an update on LAFCO and requested the City remind the public of the fireworks ban.
14. ADJOURNMENT:
Meeting adjourned at 8:42 pm
____________________________
Mayor of the City of Yreka
Minutes approved by City Council
Motion on July 15, 2025
___________________________
Cyndy Prohaska, City Clerk
Yreka City Council Agenda
July 15, 2025
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
Prepared by: Emily Aldrich, Finance Director
Agenda title: Adopt a Resolution of the City Council of the City of Yreka Approving the Destruction of Certain City Records Identified by the Finance Director
Meeting date: July 15, 2025
Discussion:
Itemized below are records that the Finance Director has identified for destruction.
Records containing confidential data, such as payroll information, will be shredded by an appropriate vendor or organization. The California Secretary of State has issued guidelines for records destruction, and the City is generally more conservative in its records retention destruction. Those guidelines can be found online, http://archives.cdn.sos.ca.gov/local-gov-program/pdf/records-management-8.pdf .
And though, the City could adopt a blanket policy of following the Secretary of State guidelines, it is the Finance Director’s preference to annually request the City Council’s authority to destroy such records.
Identified records, where the Finance Director is requesting destruction:
• Accounts Payable: Records older than July 1, 2018, includes copies of invoices, checks and AP batch reports.
• Cash Receipts: Cash receipt daily batches older than July 1, 2018, includes copies of daily detail and summary ledger reports, and cash receipt for utility billing (water, sewer and landfill), building permits, animal and business licenses, and all other cash receipts received by the City.
• Payroll records: Payroll timecards, payroll bi-weekly cycle reports, registers and other payroll related and timecard processing information older than July 1, 2018. • Payroll annual and quarterly registers: Quarterly summary reports older than December 31, 2015, includes quarterly tax and gross wages summaries. • General ledger reports: Detail ledger listing of transactions, includes various sorts, periods and aggregations, older than July 1, 2018. Ledger data active and retained electronically on database server through 2011. Does not include summary trial balances.
Note that the trial balance, the permanent records of City’s total transactions for a fiscal year are being retained, however detail transaction records that arrive at those balances are being identified for destruction.
• General ledger journal entries: Journal entry posting of adjustments to the general ledger older than July 1, 2018, does not include sub ledger interface posting from payroll, accounts payable, accounts receivable, cash receipts, utility billing, dog and business licensing.
Yreka City Council Agenda
July 15, 2025
• Electronic backup media: Historical backup tapes and diskettes data from legacy financial systems, where restoration tape drives are no longer in place, or active, and where software updates have made the data obsolete to restore. • Bank reconciliation: Bank statements, detail reconciliation work papers, cancelled checks and treasurer’s monthly and quarterly reports older than July 1, 2018. • Dog license: Dog license records older than July 1, 2018, includes receipts, registration tickets, sub ledger registers list, billing and adjustments batches pertaining to dog licensing
• Business license: Business license records older than July 1, 2018, includes receipts, registration tickets, sub ledger registers list, billing and adjustments batches pertaining to business licensing
• Water Accounts: Billing registers, customer correspondences, and other collection related information older than July 1, 2018
• Accounts Receivable: Invoice registers, collection receipts, aging lists and customer correspondences older than July 1, 2018; receivable collections includes landfill invoicing records and TOT tax records.
Fiscal Impact:
Estimated $400 for destruction of confidential information, in departmental budget.
Recommendation and Requested Action:
Adopt Resolution 2025-25 of the City Council of the City of Yreka approving the Destruction of Certain City Records Identified by the Finance Director Yreka City Council Agenda
July 15, 2025
RESOLUTION NO. 2025-25
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA
APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS IDENTIFIED BY
THE FINANCE DIRECTOR
WHEREAS, the Finance Director has requested destruction of certain City documents and records, as hereinafter set forth; and
WHEREAS, the destruction of said records is consented to by the City Attorney; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Yreka as follows:
SECTION 1: The Finance Director is hereby authorized to destroy the following records:
Accounts Payable: Records older than July 1, 2018, includes copies of invoices, checks and accounts payable batch reports.
Cash Receipts: Cash receipt daily batches older than July 1, 2018, includes copies of daily detail and summary ledger reports, and cash receipts for utility billing (water, sewer and landfill), building permits, animal and business licenses, and all other cash receipts received by the City.
Payroll records: Payroll timecards, payroll bi-weekly cycle reports, registers and other payroll related and timecard processing information older than July 1, 2018.
Payroll annual and quarterly registers: Quarterly summary reports older than December 31, 2015, includes quarterly tax and gross wages summaries.
General ledger reports: Detail ledger listing of transactions, includes various sorts, periods and aggregations, older than July 1, 2018. Ledger data is active and retained electronically on the City’s ERP database, Accela since July 2018.
General ledger journal entries: Journal entry posting of adjustments to the general ledger older than July 1, 2018, does not include subledger interface posting from payroll, accounts payable, accounts receivable, cash receipts, utility billing, animal and business licensing.
Electronic backup media: Historical backup tapes and diskettes data from legacy financial systems, and or restoration tape drives where those systems are no longer in place, or active, and where software updates have made the backup data obsolete to restore.
Bank reconciliation: Bank statements, detail reconciliation work papers, cancelled checks, and treasurer’s monthly and quarterly reports older than July 1, 2018.
Dog license: Dog license records older than July 1, 2018, includes receipts, registration tickets, Yreka City Council Agenda
July 15, 2025
sub-ledger registers list, billing and adjustments batches pertaining to dog licensing.
Business license: Business license records older than July 1, 2018, includes receipts, registration tickets, sub-ledger registers list, billing and adjustments batches pertaining to business licensing.
Water Accounts: Billing registers, customer correspondences, and other collection related information older than July 1, 2018.
Accounts Receivable: Invoice registers, collection receipts, aging lists and customer correspondences older than July 1, 2018; receivable collection includes landfill invoicing records and TOT tax records.
SECTION 2: The City Council hereby expressly determines that said records are no longer required and that the same have no historical value.
SECTION 3: In the event that any of the records referred to above include records affecting title to real property or liens upon real property, court records, records required to be kept by statute, records less than two years old, video or audio recordings that are evidence in any claim or pending litigation, or the minutes, ordinances or resolutions of the City Council or any City board or commission, those records shall be retained and are not authorized to be destroyed.
SECTION 4: The City Finance Director, City Treasurer and City Manager agrees that the proposed destruction are no longer needed and have no historical value presently known or appreciated by city staff.
SECTION 5: The City Attorney consents to the destruction of the Records; and SECTION 6: The City Council hereby expressly determines that said records are no longer required and may be destroyed.
PASSED AND ADOPTED First day of July 15, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Colleen Baker, Mayor
Consent is hereby given to the form and
content of the foregoing Resolution
Andrew Jared, City Attorney
ATTEST:
Cyndy Prohaska, City Clerk
Yreka City Council Agenda
July 15, 2025
To:
From:
Prepared by:
Agenda title:
Meeting date:
Discussion:
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
YrekaCity Council
Jerry Lemos, Fire Chief
Jerry Lemos, Fire Chief
Discussion/Possible Action: Approval of California Fire Foundation Grant for Communications Equipment (Radios)
July 15th, 2025
In the fire service, communication is paramount to safety and efficiency. The Yreka Fire Department is in need of new handheld radios to replace obsolete equipment and to accommodate the most up to date California State Fire frequencies during fire events. Should we be successful in obtaining this grant, we will be able to replace many of our old, unrepairable radios and increase our ability to communicate during fires and other emergencies for the foreseeable future.
Fiscal Impact:
No fiscal impact to the City as this grant does not require any matching funds from the recipient
Recommendation and Requested Action:
Adoption of Resolution 2025-26 of the City Council of the City of Yreka authorizing the City Manager to enter into a written agreement to accept grant funds from the California Fire Foundation, if awarded, for purchase of communication equipment (handheld radios) Yreka City Council Agenda
July 15, 2025
Overview
The California Fire Foundation (CFF) is a statewide nonprofit 501(c)(3) charitable organization based in Sacramento, CA. Formed in 1987, CFF’s mandate includes an array of survivor assistance projects and community initiatives. Since launching our first funding cycle, over 80% of Governor declared disasters have been wildfire related. The last few fire years in particular have been the deadliest and most destructive in California’s history.
Catastrophic, climate-caused disaster events pose a significant risk to the public’s safety. But, too often, under-resourced communities in high-threat areas lack the resources and information needed to stay safe. CFF, fire departments, local firefighter associations and other community-based organizations are positioned to work in partnership -- providing needed resources to help mitigate the risk of wildfires and other climate-caused disasters. Our grantees are tackling some of the state’s toughest disaster risk needs. Each year, requests for grant funding steadily increase -- with every funding cycle often more competitive than the last.
Focus Areas
The California Fire Foundation supports projects that actively address wildfire preparedness and/or prevention needs, which protect and enhance the public’s safety or the safety of California’s firefighters and other first responders, including:
In this cycle, funding priority will be given to applicants whose climate-caused wildfire or other disaster prevention or preparedness projects serve under-resourced communities at heightened risk and/or socially vulnerable populations, including low-income/impoverished, minority status, limited English proficiency, disability, and seniors/older adults, to name a few, with particular emphasis given to those serving areas of heightened fire risk.
Funding Priorities & Guidelines
STATEWIDE GRANT
OPPORTUNITY
Contact Us Grants Portal
Vegetation Mitigation & Fuels Reduction
Education, Planning and/or Community Outreach Campaigns Personal Protective Equipment
Specialized Firefighting Equipment
Yreka City Council Agenda
July 15, 2025
Guidelines
Applicant must be a California-based fire department, firefighter association or a nonprofit organization. Other groups may apply when doing so in collaboration with one of the three above-referenced entities, including fiscal agents;
Fire departments serving and firefighter associations representing the same community, or whose personnel/members serve the same geographic region, are eligible to individually apply for funding;
Project must benefit communities in California, with priority given to disinvested communities and historically marginalized populations located in high-threat areas; Requested amount should not exceed $25,000 (requests outside of this range will be considered on an as-needed basis);
CFF does not require matching funds; and
Funding decisions are generally communicated several weeks after the application window closes. Applicants may track the status of their submissions on their grants portal dashboard.
Should You Apply? Yes No
Your project serves a community located in a
high disaster-risk area of California?
X
Fire Department X
Firefighter Association X
Nonprofit Organization X
Tribal Entity X
Individual X
Private Business (Corporation, LLC, sole proprietorship) X Political Campaign or Lobbying Effort X
Capital Project X
Annual Fundraising Appeal X
Yreka City Council Agenda
July 15, 2025
Grantees: In Their Own Words
“A huge thank you to the California Fire Foundation! CFMC has been able to increase our capacity to protect the Yurok community from catastrophic wildfire while contributing to the cultural lifeways of the Yurok People...” -Cultural Fire Management Council
“Receiving this grant means everything to our staff, smaller departments like ours don't have the funds to purchase new equipment like this. Without the California Fire Foundation, we would not have the wildland equipment we need to protect our community.” -Tuolumne Fire District “The California Fire Foundation grant enabled us to perform much needed fuel reduction work to make our community more fire safe and to increase our firefighting capability. We could not have been done this without the Foundation’s help.” -Stewards of the Sequoia “With funding opportunities from the California Fire Foundation, we are able to spread awareness and create preparedness for our underserved rural communities who reside in fire prone areas of California.” -Kern River Conservancy
“The California City Fire Department is grateful for being selected and awarded this much-needed grant, especially with limited city budget funds. This grant opportunity allowed us to better ensure and enhance the safety of our firefighters so they can better serve our community...” -California City Fire Department Yreka City Council Agenda
July 15, 2025
RESOLUTION NO. 2025-26
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 TO ACCEPT GRANT FUNDS FROM
THE CALIFORNIA FIRE FOUNDATION, IF AWARDED, FOR PURCHASE OF
COMMUNICATION EQUIPMENT (HANDHELD RADIOS)
WHEREAS, the City of Yreka supports the services rendered by members of the Yreka 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 Fire Department, in authorizing the City Manager to enter into an agreement to accept grant funds from the California Fire Foundation, if awarded, for purchase of communication equipment (handheld radios).
BE IT FURTHER RESOLVED:
That John Elsnab, Interim City Manager of the City of Yreka be and hereby is authorized to sign and execute said Agreement to accept grant funds, if awarded, 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 regular meeting thereof, held on the 15th day of July, 2025, by the following vote.
AYES:
NAYS:
ABSENT:
_______________________
Colleen Baker, Mayor
Attest:________________
Cyndy Prohaska, City Clerk
------CERTIFICATION OF RESOLUTION------
ATTEST:
I, Cyndi 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 2025-26.
WITNESS MY HAND OR THE SEAL OF THE CITY OF YREKA, on this 15th day of July 2025.
Yreka City Council Agenda
July 15, 2025
OFFICIAL SEAL
OR NOTARY CERTIFICATION
Signature
City Clerk, City of Yreka
Title and Name of Local Agency
Yreka City Council Agenda
July 15, 2025
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: John Elsnab, Interim City Manager
Prepared by: Cynthia Lynch, Municipal Projects Manager
Agenda title: Discussion/Possible Action: Conduct a Public Hearing Regarding the Community Development Block Grant (CDBG) for the City of Yreka Fire Station Development Planning Project and Adopt Resolution 2025-27 Approving the Planning Grant Documents
Meeting date: July 15, 2025
Recommendation and Requested Action:
That Council conduct a public hearing regarding the Community Development Block Grant (CDBG) for the City of Yreka Fire Station Development Planning Project and adopt Resolution 2025-26 approving the planning grant documents.
Discussion:
The State Department of Housing and Community Development (HCD) administers the Community Development Block Grant (CDBG) program, which authorizes the use of grant funds to assist low- and moderate-income persons, households, and communities. Since February of 2020 the City of Yreka has applied for and received a total of $4,750,000 in CDBG grants. The Fire Station Development Planning work is complete, and the grant contract with HCD may be closed out.
To close out a CDBG grant contract with HCD the City is required to conduct a public hearing for each grant project to solicit input regarding expenditures and accomplishments of the funding received under the contract, and then to submit required closeout documents to HCD. A Planning Grant closeout also requires a Council resolution accepting the grant deliverable documents.
Further details about the project will be read into the record during the public hearing. The Public Hearing Notice and the planning grant documents are linked below, and Resolution No. 2025-27 for Council to approve the documents is attached.
Fiscal Impact:
There is no fiscal impact from these recommended and requested actions.
Attachments
• Public Hearing Notice – Status of CDBG Funded Activities (link) • Yreka New Fire Station Architectural Report (link)
• Resolution No. 2025-27 approving Planning Grant documents Yreka City Council Agenda
July 15, 2025
RESOLUTION NO. 2025-27
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA TO
APPROVE PLANNING DOCUMENTS OF THE CITY OF YREKA FIRE
STATION DEVELOPMENT PLANNING PROJECT AND TO
ACKNOWLEDGE THE ACCOMPLISHMENTS OF THE COMMUNITY
DEVELOPMENT BLOCK PROGRAM (CDBG) GRANT FROM THE
2021-2022 FUNDING YEAR OF THE STATE CDBG PROGRAM
WHEREAS, the City received Community Development Block Grant (CDBG) Funds under contract 21-CDBG-PL-30004 for the Fire Station Development Planning Project to conduct architectural planning, site evaluation and an environmental review for the development of a new fire station to be located 915 S. Main St. in Yreka, California; and
WHEREAS, the City Council has conducted a Public Hearing to discuss the accomplishments of the above-named project and to receive public comment; and WHEREAS, the City Council has received and accepted the final versions of the documents which are the deliverables for the above-named planning project and grant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yreka, California does hereby formally approve the following document funded by the State CDBG Program, and acknowledge the accomplishments of the CDBG Program and the Yreka Fire Station Development Planning Project:
• Yreka New Fire Station Architectural Report - Facility Study including Financial Plan, Preliminary Environmental Review Reports and Preliminary Site Plans
Yreka City Council Agenda
July 15, 2025
PASSED AND ADOPTED at a regular scheduled meeting of the City Council of the City of Yreka held on this 15th day of July, 2025 by the following vote:
AYES: _____ NOES: _____
ABSENT: _____ ABSTAIN: _____
SIGNATURE: ______________________________________ DATE: ___________ Colleen Baker, Mayor, City of Yreka
STATE OF CALIFORNIA
City of Yreka
I, Cyndy Prohaska, City Clerk of the City of Yreka, State of California, hereby certify the above and foregoing to be a full, true and correct copy of Resolution No. 2025-27 adopted by said City Council on this 15th day of July, 2025.
By:__________________________________________
Cyndy Prohaska, City Clerk
of the City of Yreka, State of California
Yreka City Council Agenda
July 15, 2025
Public Hearing: City of Yreka Community
Development Block Grant Subsistence Payment
Program Application
To: Yreka City Council
From: Planning Department
Prepared by: Alia Roca Lezra, Planning Manager
Subject: City of Yreka Community Development Block Grant (CDBG)Subsistence Payment Program Application
Attachments: 1. Public Hearing Handout
Meeting Date: July 15, 2025
Summary:
At the June 3rd Regular City Council meeting, the Yreka City Council directed the City Manager to enter into a subrecipient agreement between the City of Yreka and Great Northern Services to prepare an application for the 2025 Community Development Block Grant Subsistence Payment Program.
The California Department of Housing and Community Development (HCD) requires that the jurisdiction holds at a minimum of one public hearing and one public meeting not at City Council before a Community Development Block Grant (CDBG) application is submitted. This meeting is an opportunity to educate and inform local residents about the project, to provide a forum for resident input, and to identify any housing and community development needs.
One public meeting was held at 3:00pm today at the Yreka Community Resource Center to gather community input. This is a second opportunity for the community to do the same. In addition to allow for questions and comments from council members.
Fiscal Impact:
There is no fiscal impact to the City of Yreka for this public hearing.
Recommended Action:
1. Open public hearing
2. Close public hearing
Yreka City Council Agenda
July 15, 2025
Public Hearing Handouts
Community Development Block Grant (CDBG) Application for Funding City of Yreka
Public Meeting: July 15, 2025 at 3:00 pm
Public Hearing: July 15, 2025 at 6:30 pm
The CDBG Notice of Funding Availability’s (NOFA) is expected to be released in the summer of 2025.
This is the public’s opportunity to make a comment on what projects or programs they would like Yreka to apply for.
The following regarding the availability of funding and application information is from the draft of the Housing and Community Development’s State of California 2025-2029 Federal Consolidated Plan. The final requirements for submitting a 2025 CDBG application will be published in the 2025 CDBG NOFA.
Funding & Applications
• State annual allocation is expected to be approximately $34 million. • Activities that can be undertaken are Acquisition, Administration and Planning, Economic Development, Housing, Public Improvements, Public Services. • Applications will be scored on a competitive basis. Competitive application criteria will focus on need, readiness, capacity, and past performance. Grantees who have not been awarded recently will be prioritized.
• Total applications for Planning and Public Service shall not exceed one (1) each per jurisdiction. • Total applications for Economic Development and Housing Rehabilitation Programs shall be one (1).
• Total applications for Infrastructure, public facility improvement, etc. Projects shall be one (1). • Total applications for shall be one each from Planning or Public Service, Economic Development/Housing Rehabilitation or Infrastructure/public facility projects and shall not exceed three (3) per jurisdiction.
Yreka City Council Agenda
July 15, 2025
• Funding limits are:
o Total grant award for all activities combined per jurisdiction shall not exceed $3.6 million;
o Planning/Public Service limit shall not exceed $300,000; o Project application limit shall not exceed $3.3 million; o Program application limit shall not exceed $1.5 million. • Application acceptance will be outlined in the NOFA and is expected to be 60 days after the NOFA release and close 60 days after the application acceptance period opens.
Proposed Applications
• The City expects to submit an application for a Subsistence Payment Program. o Payments may cover a series of up to three consecutive months of assistance for a household to help with rent, mortgage, utilities, and/or other subsistence support.
Payment must be made to the provider (e.g., landlord, lender or utility company) on behalf of an individual or family. Emergency grant payments cannot duplicate other assistance the client receives for the same time period and purpose. • Estimated proposed budget for the activity is $300,000. • There will be no displacement of persons for these activities. • Great Northern Services (GNS), subrecipient, is assisting the city with submitting the grant applications.
• If grant funds are awarded:
o GNS will assist the City in developing their Subsistence Guidelines for the program. o GNS will perform outreach, client assistance with applications and approval. o Once a month GNS will submit the list of approved clients to the City to pay the approved amount to the vendor.
Past CDBG Funds
• The most recent CDBG funding was during the COVID pandemic. Yreka participated in two county wide programs to assist low to moderate income households. One program provided fresh/frozen protein and produce and the other provided subsistence payments consisting of rental or mortgage payments and utility and broadband payments to those affected by COVID19.
Yreka City Council Agenda
July 15, 2025
2025 State CDBG Income Limits - Effective June 1, 2025
*Percentages may not be mathematically related to each other due to rounding Number of Persons in Household
County Income Category* 1 2 3 4 5 6 7 8
Siskiyou Moderate 80% $52,600 $60,100 $67,600 $75,100 $81,150 $87,150 $93,150 $99,150 www.hudexchange.info/resource/5334/cdbg-income-limits/
For all income categories, the income limits for households larger than eight persons are determined as follows: For each person in excess of eight, add eight percent of the four-person "50%" limit to the "50%" limit for eight persons and round the answer to the nearest $50. For example, the nine-person "50%" limit for Yuba County equals $41,260 ($29,450 * 0.08 = $2,356, added to $38,900 = $41,256, rounded to $41,260).
Yreka City Council Agenda
July 15, 2025
Code Enforcement Settlement Agreement for
1409 Nugget Way, Yreka, CA 96097
To: City Council
From: Juliana Lucchesi, AICP, Assistant City Manager
Subject: Discussion and Possible Action regarding a Code Enforcement Settlement Agreement for 1409 Nugget Way, Yreka, CA 96097 Assessor’s Parcel Number 062-091-270-000
Attachments: 1. Settlement Agreement for 1409 Nugget Way, Yreka Summary:
The property at 1409 Nugget Way has been the subject of several years of code enforcement actions. The problems started with a wood-burning stove fire and then continued with illegal dumping of trash on the property. The property has been vacant since the fire occurred. The previous owner did not respond to city enforcement notices and actions. The property has since been sold in a tax sale auction, and a new owner has taken control. The City of Yreka Code Enforcement Department has prepared a settlement agreement for City Council consideration. This agreement will resolve the nuisance status of the property and recover costs associated with the unpaid utility bill and enforcement expenses.
Project Location:
The property is located at 1409 Nugget Way, Yreka, CA 96097; Assessor’s Parcel Number 062-091-270-00. The entirety of the property is subject to the settlement agreement.
Surrounding Conditions and Uses:
The property is zoned low-density residential, as are the surrounding properties.
The property was used as a single-family residence but has been vacant since a fire damaged the building. The surrounding properties are occupied single-family residences.
Yreka City Council Agenda
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Project Timeline:
After consultation with the new property owner and the City of Yreka Building Official, the settlement outlines performance measures that must be met to comply with the settlement agreement. If the City Council approves moving forward with the settlement agreement, the property owner would need to complete the following actions at the specified times:
1. Submit a payment of $30,000 to the City of Yreka within 10-days of the City Council decision.
2. Submit a building permit application for a residential remodel within 45- days of the City Council decision.
3. Obtain Final Occupancy from the Building Official by December 31, 2025.
These actions and corresponding timeframes are reasonable and will ensure the property owners resolve the nuisance issues.
Environmental Review:
The action of entering into a settlement agreement for the resolution of nuisances at 1409 Nugget Way is not considered a “Project” under the California Environmental Quality Act (CEQA) due to no foreseeable impacts to the environment.
Fiscal Impact:
The City of Yreka has accumulated costs associated with non-payment of the City utility bill and enforcement actions for approximately $65,000.00.
The non-payment amount for the City utility bill, at the time of this staff report, is $7,093.39. The amount is the accumulation of unpaid utility bills and the base rate.
This amount will continue to increase each month with the base rate outlined in the City of Yreka’s rate study. The remaining amount includes costs associated with the abatement of garbage and vegetation in 2024, attorney’s fees, and staff time for enforcement.
The proposed settlement agreement amount of $30,000.00 will rectify the outstanding balance of the utility account and recover some of the enforcement costs.
Tax Sale Claim
The property was sold to the current owner through a tax auction due to nonpayment of property taxes. There is potential for the City to make a claim for any excess funding from the auction. If the City Council approves the proposed Yreka City Council Agenda
July 15, 2025
settlement agreement and the property owner meets the deadlines for compliance the City will make a claim for the remainder of the costs incurred for enforcement actions. The City is eligible to make a claim for up to one calendar year post sale.
Staff Recommendation:
City Staff recommend entering into the proposed settlement agreement. The settlement would recover nearly half of the incurred costs and ensure the housing unit is brought into compliance by the end of the year. Without this settlement agreement, the property will remain in poor condition and the city will continue to incur enforcement costs.
Recommended Actions:
1. Motion to Authorize the City Manager to enter into a Settlement Agreement with Jeremy and Brooke Mason regarding cost recovery and reimbursement for 1409 Nugget Way, Yreka CA 96097 Assessor's Parcel Number 062-091-270-000.
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COMPLIANCE & SETTLEMENT AGREEMENT
BY AND BETWEEN
CITY OF YREKA, JEREMY MASON, AND BROOKE MASON
This Compliance & Settlement Agreement (“Agreement”) and Proposed Order is made and entered into by and between the CITY OF YREKA (“City”), Jeremy Mason, and Brooke Mason (Jeremy Mason and Brooke Mason, together, “Owners”) (collectively, the “Parties”). This Agreement is effective as of the last date of signing (“Effective Date”).
1. RECITALS
1.1. WHEREAS, Owners own the parcel of real property located at 1409 Nugget Way, Yreka, California 96097, Assessor’s Parcel Number (“APN”) 062-091-270-000 (“Nuisance Property”). Owners purchased the Nuisance Property at a County tax auction conducted pursuant to California Revenue and Taxation Code section 3691 et sequentes.
1.2. WHEREAS, the Parties represent, acknowledge, agree, and understand that the Nuisance Property contains numerous violations of State and local laws including, but not limited to, the Yreka Municipal Code (“YMC”), the California Building Standards Code (“CBSC”), and the Health and Safety Code (“H&S”). The violations present a substantial danger to the health and safety of the Nuisance Property’s occupants, neighbors, and the greater community. The Nuisance Property remains substandard and constitutes a public nuisance and a nuisance per se.
1.3. WHEREAS, since at least July 2021, the City has attempted to gain voluntary compliance to correct the violations of law present on the Nuisance Property, to no avail. The City’s extensive code enforcement efforts regarding the Nuisance Property are detailed in the draft version of the City’s First Amendment To Nuisance Abatement and Receivership Complaint (“FAC”), which is attached to this Agreement as Exhibit A and is incorporated herein.
1.4. WHEREAS, prior to Owners’ purchase of the Nuisance Property, the City filed its Nuisance Abatement and Receivership Complaint (“Original Complaint”) in the Superior Court of the State of California for the County of Siskiyou on March 20, 2024, case number 24CV02877 (“Receivership Action”). In the Original Complaint, the City named as Defendants the nowformer owner of the Nuisance Property, Linda V. Reynolds, who acquired title as Linda V. Super, and Does 1-50. The Original Complaint is attached to the FAC as Exhibit 1 and is therefore incorporated herein.
1.5. WHEREAS, given Owners’ purchase of the Nuisance Property, the Parties represent, acknowledge, agree, and understand that it is necessary and reasonable that the City adds Owners into the Receivership Action for Defendants Doe 1 and Doe 2. The Parties represent, acknowledge, agree, and understand that, when the City filed the Original Complaint in this Action on March 20, 2024, the City was unaware of the identities of Defendants Doe 1 and Doe 2, and that the City has since learned that the true identities of Doe 1 and Doe 2 are, respectively, Jeremy Mason and Brook Mason.
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1.6. WHEREAS, the Parties represent, acknowledge, agree, and understand that, to date, the City has reasonably incurred, and continues to incur, substantial costs and fees in pursuing its code enforcement, nuisance abatement, and civil litigation efforts regarding the Nuisance Property.
Pursuant to YMC section 1.14.120 and State law, the City is authorized to recover these costs and fees from the responsible parties as well as from the Nuisance Property.
1.7. WHEREAS, Owners represent, acknowledge, agree, and understand that they purchased the Nuisance Property subject to, and with proper notice of, the City’s code enforcement efforts regarding the Nuisance Property, the violations present on the Nuisance Property, the pendency of the City’s Receivership Action, and all obligations to bring the Nuisance Property in full compliance with, and maintain the Nuisance Property in full compliance with, the YMC, the CBSC, the H&S, and all other applicable State and local laws.
1.8. WHEREAS, by entering into this Agreement, the Parties desire to resolve all ongoing violations on the Nuisance Property and secure recovery of a portion of the City’s reasonable costs and fees incurred to date regarding the Nuisance Property without the need for additional litigation and the appointment a court receiver for the Nuisance Property. The Parties represent, acknowledge, agree, and understand that, should Owners breach this Agreement, the appointment of a court receiver within the City’s Receivership Action shall be necessary and reasonable.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:
2. TERMS
2.1. Recitals. The parties acknowledge and agree that all the statements in the Recitals are true and correct. The Recitals are hereby incorporated into and made part of the provisions of this Agreement.
2.2. Owners’ Agreement to Be Named as Defendants in City’s Receivership Action & Stipulation to FAC. By executing this Agreement, Owners hereby agree and stipulate to their being named as defendants in the City’s Receivership Action. Likewise, Owners stipulate to the City’s FAC, which is attached to this Agreement as Exhibit A and is incorporated herein, and agree to accept, and to not to object to, service of the City’s forthcoming Summons and FAC.
Specifically, within three (3) calendar days of service of the City’s forthcoming request that Owners execute a Notice and Acknowledgement of Receipt of the Summons and FAC (“Notice & Acknowledgement”), Owners shall fully execute and return the Notice & Acknowledgement to the City. The City may send its Notice & Acknowledgement request to Owners by email. Owners’ failure to perform according to this Section 2.2 shall constitute a material breach of this Agreement.
2.3. Violations. The Nuisance Property is a public nuisance and a nuisance per se. The Nuisance Property contains numerous violations of law including, but not limited to, violations of the DMC, the CBSC, the H&S, the California Building Code (“CBC”), the California Mechanical Code (“CMC”), the California Residential Code (“CRC”), the California Fire Code (“CFC”), the California Electrical Code (“CEC”), the California Plumbing Code (“CPC”), the Uniform Housing Yreka City Council Agenda
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Code (“UHC”), and the Uniform Code for the Abatement of Dangerous Buildings (“ADB”). The violations on the Nuisance Property substantially endanger the health and safety of residents, occupants, neighbors, emergency responders, and the community in general. The known violations existing on the Nuisance Property, as of the Effective Date of this Agreement, include, but are not limited to, those violations identified in the FAC and the exhibits attached thereto.
2.4. Compliance. Owners agree to bring the Nuisance Property into full compliance with all applicable laws, including, but not limited to, the YMC and the H&S. In so doing, Owners shall cure all violations identified in the FAC and the exhibits attached thereto and, following, procure the City’s written approval of the Final Occupancy Inspection for the Nuisance Property.
Owners’ compliance efforts shall follow the Compliance Schedule delineated in this Agreement.
2.5. Compliance Schedule. Owners agree to comply with the following Compliance Schedule.
2.5.1. Permits. The term “permit” shall include all types of permits and approvals required to address and cure any violations on the Nuisance Property.
Applications for these required permits may need to be submitted to the City, the Planning Commission, the County, the Air Quality Control Board, and/or other regulating agencies. Owners is responsible for identifying and obtaining all necessary permits from all relevant agencies.
2.5.1.1. Buildings. Each building and structure shall require its own set of permit applications.
2.5.1.2. Permit Types. The term “permit” shall include all relevant government permits and approvals required for the rehabilitation of the Nuisance Property. Required permits may include building permits, demolition permits, remodel permits, roofing permits, air quality permits, grading permits, land-use approvals, change of use approvals, parking approvals, and/or other potential permits. Owners are responsible for identifying and obtaining all necessary permits in accordance with this Agreement and this Compliance Schedule.
2.5.1.3. Testing. The required permits may require testing and reports to be conducted and provided as part of the permit applications, such as lead testing, asbestos testing, soil testing, engineering reports, and/or other potential tests and reports. Owners are responsible for conducting all necessary testing, and providing all necessary reports, as part of all necessary permit applications in accordance with this Agreement and this Compliance Schedule.
2.5.1.4. Initial Permit Application Deadline. Applications must be made for all necessary permits regarding the Nuisance Property within 45 days of the Effective Date of this Agreement (“Initial Permit Application Deadline”). Failure to submit all necessary permit applications by the Yreka City Council Agenda
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Initial Permit Application Deadline shall constitute a material breach of this Agreement.
2.5.1.5. Return of Permit Applications for Corrections. If any permit applications are returned for corrections, Owners must re-submit complete and final plans within 15 days of the date of the return of those permit applications (“Return Permit Application Deadline”).
Failure to re-submit complete and final plans for all returned permit applications, if any, by the Return Permit Application Deadline(s) shall constitute a material breach of this Agreement.
2.5.2. Initiation of Work. Within 30 days of the issuance of any permit, Owners agree to initiate the work authorized by said permit (“Work Initiation Deadline”).
Failure to initiate work by a Work Initiation Deadline shall constitute a material breach of this Agreement.
2.5.3. Full Compliance & Final Occupancy Inspection Approval. Owners shall cure all violations of law on the Nuisance Property and procure the City’s written approval of the Final Occupancy Inspection for the Nuisance Property by December 31, 2025 (“Full Compliance & Final Occupancy Inspection Approval Deadline”). Failure to bring the Nuisance Property into full compliance with all applicable laws and procure the City’s written approval of the Final Occupancy Inspection for the Nuisance Property by the Full Compliance & Final Occupancy Inspection Approval Deadline shall constitute a material breach of this Agreement.
2.6. Continued Compliance. Once all violations on the Nuisance Property are cured, Owners agree to maintain the Nuisance Property in full compliance with all applicable laws. This includes, but is not limited to, ensuring that the Nuisance Property is fully repaired, free from violations of applicable law, and maintained in good condition such that the Nuisance Property no longer poses a danger to occupants, neighbors, emergency responders, or the greater community.
2.7. City Inspections. Owners hereby irrevocably consent to inspections of the Nuisance Property by City agents at any day between the hours of 8:00 a.m. and 6:00 p.m. for purposes of confirming compliance with this Agreement upon 48 hours’ advance notice by the City, until such time that the City issues a written approval of the Final Occupancy Inspection for the Nuisance Property. The City may provide such notice to Owners by email, phone, voicemail, text, posting on the Nuisance Property, or by mail to the Nuisance Property.
2.8. Reimbursement of Portion of City’s Costs & Fees. Owners agree to remit payment to the City in the amount of $30,000 (“Settlement Amount”). The Settlement Amount constitutes a portion of the City’s costs and fees reasonably incurred to date regarding the Nuisance Property.
The Settlement Amount is inclusive of $7,093.39 in back-paid utility charges as of July 9, 2025, and a portion of the City’s legal costs and fees incurred to date regarding the Nuisance Property.
Owners’ reimbursement of the Settlement Amount to the City shall follow the Payment Schedule delineated in this Agreement.
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2.9. Payment Schedule. Owners agree to comply with the following Payment Schedule.
2.9.1. Deadline to Remit Payment. Owners shall remit the Settlement Amount to the City in one lump sum payment within ten (10) calendar days of the Effective Date of this Agreement.
2.9.2. Payment Details. Owners’ payment of the Settlement Amount to the City shall be made by personal or cashier’s check. The payment shall be made out to “CITY OF YREKA”. The payment shall be sent, specifying “Attention: Emily Aldrich”, at: 701 4
th Street, Yreka, California 96097.
2.9.3. Failure to Remit Full Payment. Owners’ failure to remit the full Settlement Amount to the City according to the terms of this Agreement shall constitute a material breach of this Agreement. In the event Owners fail to remit the full Settlement Amount to the City pursuant to the terms of this Agreement, the City may recover any and all unpaid portion of the Settlement Amount, in addition to any recoverable amounts relating to the Nuisance Property, by any means authorized by law, including by special assessment against the Nuisance Property. Should owners breach this Agreement, Owners expressly consent to the City’s placement of any liens and special assessments on title for the Nuisance Property without further notice or hearing. Owners waive any right of dispute, hearing, or appeal regarding any such liens, special assessments, and/or other cost recovery efforts.
2.10. Breach. In the event that any provision of this Agreement is breached by Owners, determined in the exclusive discretion of the City, the City reserves the right to seek enforcement of this Agreement by any means available by law or equity, and to seek recovery of all outstanding costs, expenses, fines, fees, and attorney fees regarding the Nuisance Property, and in excess of the Settlement Amount. Upon Owners’ breach of any provision of this Agreement, Owners hereby expressly stipulate to: the issuance of injunctions to enforce this Agreement; to the appointment of a court receiver over the Nuisance Property to enforce this Agreement and to bring the Nuisance Property into full compliance with all applicable laws; and to the recovery of all related costs, expenses, fines, fees, and attorney fees of the City, the court receiver, and the receivership estate via super-priority liens on the Nuisance Property. Should a court receiver be appointed, Owners agree that the court receiver shall have all powers delegated to court receivers under H&S section 17980.7(c) and Code of Civil Procedure (“CCP”) section 564 et sequentes.
2.11. City’s NoP Withdrawals & Dismissal of Receivership Action. Upon Owners’ full and complete performance according to this Agreement, the adequacy of which performance shall be determined in the exclusive discretion of the City, the City shall prepare and record withdrawals of the Notices of Pendency of Action referenced in the FAC and file a request to dismiss the Receivership Action.
2.12. New Violations. This Agreement does not allow Owners to create or maintain any new violations that did not pre-date the transfer of title to Owners. The City reserves all enforcement and cost recovery rights for any and all violations not addressed by this Agreement.
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2.13. Reservation of Rights. The City hereby reserves its right to enforce any new or unidentified violations of law on the Nuisance Property, and the City shall be entitled to recover all costs, expenses, fines, fees, and attorney fees associated with any such abatement efforts.
2.14. Release of Liability. Owners hereby release the City, its agents, employees, representatives, attorneys, appointed officials, and elected officials, from any and all existing and future actions, causes of action, losses, claims, demands, damages, costs, loss of use, loss of revenue, expenses, compensation, and all other forms of damages arising from, or relating to, the City’s nuisance abatement and code enforcement efforts relating to the Nuisance Property, including those which Owners do not know at the time of executing this Agreement which, if known by Owners, might have materially affected this Agreement. However, this release provision does not extinguish, release, or discharge any of the obligations and rights set forth and encompassed in this Agreement. The City expressly reserves its rights to take enforcement action relating to new and unidentified violations on the Nuisance Property, relating to cost recovery, and any other rights of the City. The City cannot waive its law enforcement powers and responsibilities as a matter of law. The parties reserve all rights, defenses, privileges, immunities, and claims they may have against each other arising under this Agreement until there is full performance by each.
2.14.1. Civil Code 1542 Waiver. Owners further waive any of their respective rights arising under Civil Code section 1542, which reads as follows: A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND
THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY. Owners represent and warrant that Owners understand and acknowledge the significance and consequence of this waiver of Civil Code section 1542. Owners further waive any provisions that may exist under federal law, or the laws of any other state that may have jurisdiction over the claims released herein, that are similar in language, purpose, or effect to Civil Code section 1542. Except as otherwise expressly provided in this Agreement, Owners agree that: (a) this Agreement shall be effective as a bar, waiver, and release of each and every known or unknown claim, demand, cause of action, obligation, damage, and liability mentioned in this Agreement; and (b) it is Owners’ intent to provide a full and final release of all claims against, and obligations of, any and all releases referred to above, including claims and obligations that are not presently known or anticipated.
2.15. Costs to Enforce Agreement. The prevailing party in any dispute to enforce or interpret this Agreement shall be entitled to recover its reasonable costs, expenses, fees, and attorney fees arising from the dispute from the non-prevailing party. Any award of attorney fees shall be limited to the reasonable amount of attorney fees incurred by the City.
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2.16. Legal Notices. Unless otherwise expressly specified herein, all notices relating to this Agreement must be in writing and sent to the physical addresses set forth below. A party may only change its address for notices by giving notice as required by this provision. Written notice shall be considered effective: (a) the day it is personally delivered or actually received; (b) five business days after deposit with the United States Post Office as certified first-class mail with return receipt requested and postage prepaid; or (c) two business days after deposit with a reputable overnight delivery service for next day delivery.
2.16.1. City
Curtis Wright, Esq.
Nicolas L. Jaber, Esq.
Yreka City Prosecutor
SERVIAM BYWRIGHTLLP
3 Corporate Park, Suite 100
Irvine, California 92606
2.16.2. Owners
Jeremy Mason & Brooke Mason
616 North Kidder Creek Road
P.O. Box 154
Greenview, California 96037
2.17. Successors. This Agreement and all terms, conditions, and obligations contained herein, are binding upon, and inure to the benefit of, any successors-in-interest of the parties and may be recorded on title.
2.18. Transfers. Neither this Agreement, nor any interest, right, duty, or obligation herein, may be transferred, assigned, delegated, conveyed, hypothecated, or encumbered without the prior written approval of the other parties. Owners are expressly estopped from transferring or avoiding liability under this Agreement due to the use of a 1031 exchange, any other similar transaction, or other entities to purchase the Nuisance Property.
2.19. Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California.
2.20. Venue. The venue for any legal action arising from, or relating to, this Agreement shall be in the Superior Court of the State of California for the County Siskiyou.
2.21. Modification. This Agreement can only be changed, modified, amended, supplemented, or rescinded in a separate writing duly signed by the City and Owners.
2.22. Waivers. A waiver of any provision of this Agreement must be in writing. Failure to insist upon strict performance of any provision, right, duty, or obligation in this Agreement is not a waiver of the right to future enforcement of that provision, right, duty, or obligation, nor any other provision, right, duty, or obligation.
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2.23. Severability. If any of the provisions of this Agreement are found to be unenforceable, those provisions shall be reformed to prevent the unenforceable result in a manner that best preserves the original intent of the provision to the fullest extent possible, and all other provisions of this Agreement shall remain in full force and effect.
2.24. Integration. This Agreement constitutes the final, complete, and exclusive expression of all the terms and provisions of the agreement between the parties. This Agreement supersedes any previous agreements or negotiations between the Parties, whether oral or written.
2.25. Legal Counsel. The Parties represent that they have had the opportunity, whether or not they have chosen to do so, to discuss this Agreement with legal counsel, and this Agreement shall not be interpreted in favor of, nor against, any party.
2.26. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3. SIGNATURES
3.1. By signing below, the signatories represent and warrant that they were duly authorized to execute this Agreement, and the Parties hereby agree to all the terms and conditions set forth in this Agreement.
CITY OF YREKA
Dated: ___________________ Signed: _____________________________ John Elsnab
Yreka Interim City Manager
OWNERS OF 1409 NUGGET WAY, YREKA, CALIFORNIA 96097
Dated: ___________________ Signed: _____________________________ Jeremy Mason
Dated: ___________________ Signed: _____________________________ Brooke Mason
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4. ORDER
For good cause as set forth in the Compliance & Settlement Agreement and Proposed Order made and entered into by and between the CITY OF YREKA, Jeremy Mason, and Brooke Mason, the Court hereby ACCEPTS, RATIFIES, AND ORDERS this Agreement into effect. This Agreement shall have the full force and effect as an order and judgment of this Court.
IT IS SO ORDERED.
Dated: ___________________ ________________________________
JUDGE OF THE SUPERIOR COURT
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– Exhibit A –
CITY’S FIRST AMENDMENT TO NUISANCE ABATEMENT AND RECEIVERSHIP COMPLAINT [DRAFT]
EXHIBIT A
CITY’S FIRST AMENDMENT
TO NUISANCE ABATEMENT AND RECEIVERSHIP COMPLAINT
[DRAFT]
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FAC
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CURTIS WRIGHT, CBN 273323
Yreka City Prosecutor
NICOLAS L. JABER, CBN 349596
[email protected]
SERVIAM BYWRIGHTLLP
3 Corporate Park, Suite 100
Irvine, California 92606
Phone 949-385-6431
Fax 949-385-6428
Attorneys for CITY OF YREKA
Exempt from filing fees pursuant to
Government Code section 6103.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SISKIYOU
CITY OF YREKA, a California municipal
corporation,
Plaintiff,
v.
LINDA V. REYNOLDS, an individual; and
JEREMY MASON, an individual; and
BROOKE MASON, an individual; and
DOES 3 through 50, inclusive,
Defendants.
Case Number: 24CV02877
Action Filed: March 20, 2024
FIRST AMENDMENT TO NUISANCE
ABATEMENT AND RECEIVERSHIP
COMPLAINT
Dept.: Courtroom 2
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FIRST AMENDMENT TO
NUISANCE ABATEMENT AND RECEIVERSHIP COMPLAINT
A. This First Amendment To Nuisance Abatement And Receivership Complaint (“FAC”) is filed by Plaintiff CITY OF YREKA (“City”) to add Defendants Jeremy Mason and Brooke Mason into this Action for Defendants Doe 1 and Doe 2.
B. When the City filed the original Nuisance Abatement And Receivership Complaint (“Original Complaint”) in this Action on March 20, 2024, the City was unaware of the identities of Defendants Doe 1 and Doe 2. The City has since learned the true identities of Doe 1 and Doe 2 and hereby amends the Original Complaint accordingly.
C. The Original Compliant is attached to this FAC as Exhibit 1.
D. The following paragraphs are replaced in the Original Complaint:
2: The City is informed and believes that title of the Nuisance Property is in the names of Jeremy Mason and Brooke Mason (“Owners”) pursuant to a Tax Deed to Purchaser of Tax-Defaulted Property recorded on June 8, 2025 (“Current Owner Grant Deed”). The City is further informed and believes that, prior to the acquisition of the Nuisance Property by Owners, title to the Nuisance Property wasin the name of Linda V. Reynolds, who acquired title as Linda V. Super, (“Former Owner”) pursuant to a grant deed recorded on October 26, 1982 (“Former Owner Grant Deed”). True and correct recorded copies of the Current Owner Grant Deed and the Former Owner Grant Deed are attached to this Complaint as Exhibit A and they are incorporated herein.
3. The City is informed and believes that Former Owner has been deceased since at least July 2021. After a diligent search, the City is unable to find any death certificate for Former Owner in the State of California. Furthermore, to the City’s knowledge, no executor nor administrator has come forward to form Former Owner’s estate. The City is further informed and believes that Owners purchased the Nuisance Property via County tax sale with notice of the pendency of this Action. A true and correct recorded copy of the City’s Notice of Pendency of Action (Lis Pendens), recorded on June 5, 2024, is attached to this Complaint as Exhibit E and it is incorporated herein.
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17. However, despite the City’s numerous enforcement efforts, Defendants have failed to rehabilitate the Nuisance Property or abate the numerous dangerous violations of law present thereon.
To date, the Nuisance Property remains substandard and a substantial danger to the health and safety of its occupants, neighbors, and the surrounding community. Therefore, this action is necessary to eliminate the nuisance conditions because the Nuisance Property will otherwise only continue to deteriorate.
18. Prior to the fire incident, on or about February 22 and March 5, 2018, City officials sent Courtesy Letters to the address of the Nuisance Property to solicit compliance to cure the violations on the Nuisance Property. After no change in the conditions occurred, on or about March 20, 2018, City officials served Former Owner, Defendant Kenna Super, and then-tenant Nicole Croy of the Nuisance Property a notice of violation for the violations and nuisance conditions on the Nuisance Property. The violations noted on the notice of violation included, but were not limited to, the following: excessive amounts of junk, trash, and other debris; public nuisance; excessive storage; and unmaintained landscaping. The notice of violation ordered the served parties to abate the violations and nuisances.
However, the served parties failed to abate the violations and nuisances.
20. Sometime in November 2020, a fire incident occurred on the Nuisance Property.
Following the fire incident, City officials served Former Owner another notice of violation on or around June 29, 2021.
38. However, to date, Defendants have failed to rectify the numerous, serious violations of law that exist on the Nuisance Property. Defendants have also violated the Compliance Deadline contained in the Receivership N&O.
E. The following paragraph is added to the Original Complaint:
4.1: Defendants Jeremy Mason and Brooke Mason are substituted into this Action in place of Defendants Doe 1 and Doe 2.
F. Exhibit A to the Original Complaint is supplemented to include the Current Owner Grant Deed, which is attached to this FAC as Exhibit 2.
G. Exhibit E is added to the Original Complaint to include the City’s Notice of Pendency of Action (Lis Pendens), recorded on June 5, 2024, which is attached to this FAC as Exhibit 3.
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G. All other paragraphs and exhibits in the Original Complaint remain the same and are incorporated into this FAC:
Dated: July 9, 2025 SERVIAM BYWRIGHTLLP
By: _________________________
CURTIS WRIGHT
Yreka City Prosecutor
NICOLAS L. JABER
CITY OF YREKA
Yreka City Council Agenda
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ORIGINAL COMPLAINT
SERVIAM BY WRIGHT LLP
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ORIGINAL COMPLAINT
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NUISANCE ABATEMENT AND RECEIVERSHIP COMPLAINT
PARTIES
1. Plaintiff City of Yreka (“City”) is, and at all times relevant herein was, a municipal corporation organized and existing under the laws of the State of California. The City seeks the appointment of a court receiver over the parcel of real property commonly known as 1409 Nugget Way, Yreka, California 96097, Assessor’s Parcel Number 062-091-270-000 (“Nuisance Property”) pursuant to Health and Safety Code (“H&S”) section 17980.7(c).
2. The City is informed and believes that title of the Nuisance Property is in the name of Linda V. Reynolds, who acquired title as Linda V. Super, (“Owner”) pursuant to a grant deed recorded October 26, 1982 (“Grant Deed”). A true and correct recorded copy of the Grant Deed is attached to this Complaint as Exhibit A and is incorporated herein.
3. The City is informed and believes that Owner has been deceased since at least July 2021.
After a diligent search, the City is unable to find any death certificate for Owner in the State of California. Furthermore, to the City’s knowledge, no executor nor administrator has come forward to form Owner’s estate.
4. The true names and capacities of Defendants Does 1 through 50 are unknown to the City, and for that reason, they are sued under fictitious names. The City will amend this Complaint to allege the Doe Defendants’ true names and capacities when they have been ascertained. The City alleges that each of the Defendants is responsible in some manner for the unlawful, dangerous, and substandard conditions on the Nuisance Property identified herein or will be affected by the City’s enforcement efforts against the Nuisance Property given their interest in the Nuisance Property.
FACTS
5. The Nuisance Property is located within the City of Yreka, California.
6. The Nuisance Property consists of a substandard, abandoned, single-family residential structure and garage that contain numerous ultrahazardous violations of law and other nuisance conditions that substantially endanger the health and safety of the Nuisance Property’s occupants, Yreka City Council Agenda
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neighbors, and the community. The Nuisance Property is riddled with structural hazards, fire and electrical hazards, unsanitary conditions, unsafe living conditions, and general disrepair of the entire residence. Due to the substandard conditions present upon the Nuisance Property, the Nuisance Property poses a substantial danger to any occupants, neighbors, and the public in general.
7. The Nuisance Property has been the focus of City code enforcement efforts since at least September 2017. The Nuisance Property contains extensive violations of State and local laws— including laws relating to building safety—which render the Nuisance Property substantially dangerous to the health and safety of occupants, neighbors, and the community. These violations include, but are not limited to: building manifestly unsafe; fire-damaged building; a collapsed and fallen garage door; dangerous structural hazards, including unsafe and dilapidated walls, ceiling, and flooring; unsafe dilapidated or missing windows; exposed and damaged plumbing; blocked egress routes; fire hazards; exposed and hazardous electrical wiring; shock hazards; lack of smoke and carbon monoxide detectors; unsecured and dangerous property; general dilapidation and lack of maintenance; faulty weather protection; missing or improper windows and window screens; unsafe and unsanitary living conditions; an abandoned, disassembled, inoperable vehicle; rodent harborage; insect infestation; unsanitary bathroom and kitchen areas; missing lights and fixtures; mold and water damage; overgrown or dead lawn, shrubs, and weeds; excessive accumulation of junk and debris; visual blight; unsafe property; public nuisance; attractive nuisance; and other immediate hazards that place the welfare of any occupants, neighbors, and the surrounding community in peril.
8. The Nuisance Property contains severe structural hazards and dilapidated structural elements that place the health and safety of any occupants, neighbors, and first responders in serious peril. For example, the Nuisance Property is severely fire damaged and contains unsafe and dilapidated walls, ceiling, and flooring. Additionally, recently and sometime prior to February 27, 2024, the garage door had collapsed and fallen. Moreover, the Nuisance Property is unsecured, unsafe, and has faulty weatherproofing.
9. The structural dangers on the Nuisance Property are also exacerbated by faulty weather protection. For example, due to the recently collapsed and fallen garage door, the interior of the residential structure on the Nuisance Property is exposed to the elements. Furthermore, certain Yreka City Council Agenda
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windows, window screens, and portions of the roof are missing, and the windows are substandard, improper, boarded-up, or otherwise improperly installed or maintained. The exterior contains damaged and rotted wood without proper weather protection. Faulty weather protection allows moisture and heat to enter the building, which may undermine the building’s construction and allows for the spread of mold. Holes in the walls and roof also allow intrusion by rodents, insects, and vermin. All substandard, broken, missing, or otherwise improperly installed and maintained windows and the damaged portions of the roof must be repaired or replaced.
10. The Nuisance Property is also extremely unsanitary. For example, mold, substantial fire damage, water damage, unsafe and exposed plumbing, and insect infestation are prevalent on the Nuisance Property. In addition, the extreme amount of trash, rubbish, and debris throughout the Nuisance Property constitutes a rodent and insect harborage. The plumbing throughout the Nuisance Property is exposed, and the bathroom and kitchen areas are unsanitary. Bathrooms must be restored and brought into working condition. Bathrooms must be repaired and cleaned to meet building and plumbing code standards, including repairing all wall paneling, repairing all bathroom tiling and grouting, repairing broken sinks and toilets, and removing all garbage and debris blocking access. The kitchen facilities in the Nuisance Property are substandard and unsanitary. Properly functioning cooking appliances must be provided. All unsanitary kitchen elements must be repaired or replaced.
All trash and other debris must be removed. Plumbing, electrical, or new fixtures may be needed.
These are major health hazards.
11. The Nuisance Property contains many severe fire hazards. The Nuisance Property already was damaged in a previous fire incident, and it contains exposed and dangerous electrical wiring and other components, excessive amounts of junk, trash, and other debris, blocked egress routes, and dead and overgrown vegetation. There is also an abandoned, dismantled, inoperable vehicle on the Nuisance Property that is a fire hazard to both the Nuisance Property and neighboring structures. Moreover, the Nuisance Property lacks required smoke and carbon monoxide detectors, further adding to the danger.
In the event of a fire or other emergency, occupants and workers could be crushed by falling debris or trapped due to blocked and inaccessible emergency egress routes, and emergency responders would be unable to access the Nuisance Property to provide aid. In the event of a fire, fire personnel would not Yreka City Council Agenda
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be permitted to enter the Nuisance Property due to the extreme danger presented by the accumulation of so many combustible materials. Also, a fire at the Nuisance Property would easily spread to neighboring properties due to the large amounts of trash, dead vegetation, and other materials throughout the exterior and interior.
12. In addition to the fire hazards, there are many electrical hazards on the Nuisance Property.
Electrical wiring throughout the structures is exposed and/or damaged from the previous fire. Exposed wiring poses a significant risk of electrical shock or fire. All electrical equipment must be protected against any damage. Other electrical violations include, but are not limited to, missing or exposed electrical switches and outlets, as well as missing lights and light fixtures.
13. Sometime prior to February 27, 2024, the garage door on the Nuisance Property had completely collapsed and fallen, causing debris from inside the Nuisance Property to scatter across the exterior of the Nuisance Property and onto the public walkways. A true and correct recorded copy of the photographs depicting the collapsed and fallen garage door are attached to this Complaint as Exhibit D and is incorporated herein.
14. The substandard, abandoned, unsecured, dilapidated condition of the Nuisance Property depreciates property values of neighboring properties and invites criminal activity and trespassers. The Nuisance Property also lacks proper landscaping and contains dead and overgrown weeds. The blighted appearance of the Nuisance Property, due to the many violations of law present thereon, creates an attractive nuisance for transients and children passing by the Nuisance Property, especially since that the interior of the residential structure is exposed due to the collapsed and fallen garage door.
Thus, trespassers, transients, and children are now able to easily enter the inside of the home. The danger is aggravated by the fact that the Nuisance Property stands about a mile away from two elementary schools.
15. The City has attempted to gain Defendants’ (or any responsible party’s) voluntary compliance for the rehabilitation of the Nuisance Property since at least February 2018 to no avail. The City has received complaints about the Nuisance Property from neighbors and, despite multiple notices and courtesy letters, Defendants have made no effort to rehabilitate the Nuisance Property. The City has confirmed the continuing presence of numerous extremely dangerous and life-threatening Yreka City Council Agenda
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violations of law on the Nuisance Property. The City has continually notified Defendants of the need to abate these dangerous conditions and granted Defendants considerable opportunity to bring the Nuisance Property into compliance, but Defendants have failed to take reasonable measures or made efforts to do so.
16. As part of its efforts to obtain Defendants’ voluntary compliance and the rehabilitation of the Nuisance Property, the City has responded to the Nuisance Property numerous times in response to citizen complaints regarding the violations and nuisance conditions on the Nuisance Property; inspected the Nuisance Property numerous times and verified dangerous structural violations and dangerous living conditions throughout the entirety of the Nuisance Property; red-tagged the Nuisance Property (prohibiting all occupancy due to uninhabitable conditions); issued multiple notices of violation and courtesy letters for the violations on the Nuisance Property; executed an inspection warrant at the Nuisance Property; issued a Notice and Order to Repair or Abate for the violations on the Nuisance Property; and recorded a Notice of Pendency of Action to Abate Nuisance to further give notice of the violations on the Nuisance Property and of the City’s enforcement efforts to all interested parties.
17. However, despite the City’s numerous enforcement efforts, Defendants have failed to rehabilitate the Nuisance Property or abate the numerous dangerous violations of law present thereon.
To date, the Nuisance Property remains substandard and a substantial danger to the health and safety of its occupants, neighbors, and the surrounding community. If no party has stepped forward to establish Owner’s estate at this point, it seems unlikely that anyone will ever do so absent this action.
Therefore, this action is necessary to eliminate the nuisance conditions because the Nuisance Property will otherwise only continue to deteriorate.
18. Prior to the fire incident, on or about February 22 and March 5, 2018, City officials sent Courtesy Letters to the address of the Nuisance Property to solicit compliance to cure the violations on the Nuisance Property. After no change in the conditions occurred, on or about March 20, 2018, City officials served Owner, Defendant Kenna Super, and then-tenant Nicole Croy of the Nuisance Property a notice of violation for the violations and nuisance conditions on the Nuisance Property. The violations noted on the notice of violation included, but were not limited to, the following: excessive amounts of junk, trash, and other debris; public nuisance; excessive storage; and unmaintained landscaping. The Yreka City Council Agenda
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notice of violation ordered the served parties to abate the violations and nuisances. However, the served parties failed to abate the violations and nuisances.
19. Again, seeing no progress on the abatement of the violations on the Nuisance Property, City officials served the same individuals another notice of violation on or about March 28, 2018. Sometime thereafter, the City was able to make a contract with tenant Nicole Croy, who cooperated with the removal and disposal of some of the trash on the Nuisance Property. However, violations continued to exist on the Nuisance Property.
20. Sometime in November 2020, a fire incident occurred on the Nuisance Property. Following the fire incident, City officials served Owner another notice of violation on or around June 29, 2021.
21. On or around July 9, 2021, and administrative hearing was convened to address the Nuisance Property, and a decision was issued finding that the Nuisance Property was in a dangerous, unsafe, substandard condition that is detrimental to the health, safety, and welfare of the public and occupants due to the accumulations of solid waste, trash, junk, and debris on the Nuisance Property. The decision also provided that the abatement of the Nuisance Property should include the following list of actions:
(1) removal and disposal of all solid waste, garbage, junk, trash, and debris accumulations that exist on the Nuisance property; (2) utilization of proper garbage carts with tight fitting lids to store garbage pending proper weekly disposal; (3) removal or repair of all abandoned, wrecked, dismantled, and/or inoperative vehicles on the Nuisance Property; (4) vacating all unsafe structures and buildings on the Nuisance Property and the securing of them against entry until they are repaired or demolished; and (5) repairing or demolishing of all unsafe structures and buildings on the Nuisance Property. The City served several notices of the violations to, and required abatement actions from, the interested parties and gave them multiple opportunities to voluntarily abate the cited violations of law.
22. On or about July 26, 2023, City inspectors conducted an inspection of all exterior and interior areas of the Nuisance Property. During that inspection, City inspectors identified at least 42 dangerous and hazardous violations of State and local law on the Nuisance Property. City inspectors confirmed that the Nuisance Property was extremely substandard and contained numerous conditions that threaten the health and safety of any occupants, neighbors, and the general public.
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23. The Nuisance Property is currently in violation of numerous State and local laws, including, but not limited to, the H&S, the California Building Code (“CBC”), the California Fire Code (“CFC”), the California Electrical Code (“CEC”), the California Plumbing Code (“CPC”), the Uniform Housing Code (“UHC”), the Uniform Code for the Abatement of Dangerous Buildings (“ADB”), and the Yreka Municipal Code (“YMC”).
24. The current unlawful, dangerous, and substandard conditions on the Nuisance Property include, but are not limited to:
24.1. Fire Damaged Building. The building contains excessive fire damage, compromising the structural integrity of the building and exposing occupants to health and safety hazards. Portions of the ceiling and roof were damaged by the fire and require immediate repair. (H&S, § 17920.3(c); CBC, §§ 1.8.4.1, 116.1; UHC, § 1001.3(4)–(6); CFC, §§ 110.1.1, 305.4, 305.5, 701.2; ADB, § 302(4), (8), (9), (12), (16), (17); YMC, §§ 9.47.020(n)(1), (n)(2), (n)(5)–(8), 11.01.030(a), (b), (f), (i), 11.01.080.)
24.2. Manifestly Unsafe. The Nuisance Property is manifestly unsafe due to structural issues, sanitation concerns, fire and electrical hazards, and other significant health and safety issues. The Nuisance Property is substandard and a danger to any entrants, occupants, or first responders in case of an emergency. (H&S, § 17920.3(a)(14), (b)(1), (b)(2), (b)(6), (b)(7), (c), (g), (k); CBC, §§ 1.8.4.1, 116.1; ADB, § 302(5), (8), (9), (12), (13), (17), (18); YMC, §§ 9.47.020(n)(1), (n)(2), (n)(5)–(8), 11.01.030(a), (f), 11.01.080.)
24.3. Structures at Risk of Collapse. The structure has been partially destroyed by the previous fire and portions are at immediate risk of collapse. In the event of collapse, any occupants could be severely injured or killed. In fact, recently and sometime prior to February 27, 2024, the garage door on the Nuisance Property had collapsed and fallen. (H&S, § 17920.3(b)(1), (b)(6), (b)(7), (c), (k); CBC, § 116.1; ADB, § 302(5), (8), (9), (13); YMC, §§ 9.47.020(n)(1), (n)(2), (n)(5)–(8),
11.01.030(a), (f), 11.01.080.)
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24.4. Structural Hazard. The Nuisance Property contains structural hazards including, but not limited to, dilapidated sections of the roof, ceiling, walls, and flooring.
The Nuisance Property also contains exposed framing from the previous fire. In fact, recently and sometime prior to February 27, 2024, the garage door on the Nuisance Property had collapsed and fallen. (H&S, § 17920.3(b)(1), (b)(6), (b)(7), (c), (k); CBC, §§ 1.8.4.1, 116.1; ADB, § 302(4), (8), (9), (12), (17), (18); YMC, §§ 9.47.020(g)(1), (g)(2), (g)(5), (n)(2), (n)(7), (n)(8), 11.01.030(a), (f),
11.01.080.)
24.5. Unpermitted & Exposed Electric Wiring. The electrical system remains in disrepair due to the fire that erupted at the Nuisance Property. The interior of the Nuisance Property contains exposed electrical wiring visible from the holes in the ceiling. The exposed wiring appears to be damaged and in a dangerous condition.
Improper and unsafe electrical wiring, including exposed insulated electrical wiring, creates fire and shock hazards. Such insulated wiring must be concealed within walls, floors or ceilings. (H&S, § 17920.3(c), (d); CBC, §§ 105.1, 116.1, 2701.1; CEC, §§ 110.11, 110.12(B), 406.4–406.6; ADB, § 302(9), (13); UHC, § 1001.5; YMC, §§ 9.47.020(n)(7), 11.01.030(a), (b), (d), (f), 11.01.080.)
24.6. Unpermitted & Damaged Electrical System. Unpermitted electrical is present throughout the Nuisance Property. The electrical system also remains in disrepair due to the fire that erupted at the Nuisance Property. Portions of electrical wiring remain visible through holes in the ceiling and appear damaged. (H&S, § 17920.3(c), (d); CBC, §§ 105.1, 116.1; CFC, §§ 110.1.1, 605.1; CEC, §§ 110.11, 110.12(B), 300.4, 406.4–406.6; UHC, § 1001.5; YMC, §§ 9.47,020(n)(7), (n)(8),
11.01.030(a), (b), (i), 11.01.080.)
24.7. Lack of Water, Sewer, & Electrical Utility Services. Water, sewer, and electrical utility services are disconnected from the Nuisance Property. (H&S, § 17920.3(a)(5), (a)(10), (a)(15), (c), (e); UHC, § 1001.2(5), (6), (10), (14); YMC, §§ 9.47.020(n)(7), (n)(8), 11.01.030(b), 11.01.080, 12.16.040.) Yreka City Council Agenda
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24.8. Lack of Adequate Heating. The Nuisance Property lacks proper heating equipment as required by law. Properly functioning heating equipment is necessary for the preservation of human health. (H&S, § 17920.3(a)(6), (a)(14), (c); CBC, § 116.1; UHC, § 1001.2(6); YMC, §§ 9.47.020(n)(7), (n)(8),
11.01.030(a), 11.01.080.)
24.9. Lack of Fire-Resistive Construction. Due to fire damage, the building must be repaired to meet all building code standards for fire-resistive construction. (H&S, § 17920.3(c), (m); CBC, § 116.1; CFC, §§ 110.1.1, 305.4, 305.5, 701.2; ADB, § 302(4), (8), (9), (12), (16), (17); UHC, § 1001.10; YMC, §§ 9.47.020(n)(7), (n)(8),
11.01.030(a), (b), (f), (i), 11.01.080.)
24.10. Faulty Weather Protection. The structure on the Nuisance Property contains faulty weather protection, including dilapidated or missing windows, doors, wall elements, roof elements, and at least three holes in the ceiling ranging from one foot in diameter to portions of the whole ceiling. The Nuisance Property also lacks proper paint and sealing on the exterior and interior areas of the structure. Faulty weather protection allows moisture and heat to enter the structure, which may undermine the structure’s construction and allows for the spread of mold.
Furthermore, the interior of the residential structure is now exposed due to the collapsed and fallen garage door. (H&S, § 17920.3(c), (g); CBC, § 116.1; ADB, § 302(8), (9), (13); UHC, § 1001.8; YMC, §§ 9.47.020(n)(7), 11.01.030(a), (f),
11.01.080.)
24.11. Illegal Stacking of Combustible Materials. In the front and side yard of the Nuisance Property, there is stacking and storage of combustible materials, which increase or may cause an increase of the hazard or menace of fire. (H&S, § 17920.3(c); YMC, § 9.47.020(a), (e), (g)(7).)
24.12. Blocked or Inadequate Ingress & Egress. Pathways into the Nuisance Property are obstructed by storage and garbage, thereby blocking necessary means of ingress and egress. The accumulation of storage materials, trash, and other debris Yreka City Council Agenda
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throughout the Nuisance Property inhibits ingress and egress from the Nuisance Property in the event of another fire or other emergency. Inadequate means of egress exacerbates fire hazards and puts the lives and safety of any occupants at risk. Given the fact that there has already been a fire at the Nuisance Property, adequate means of egress are especially necessary in case another fire erupts. All exits and egress routes, including windows, must be cleared and remain unobstructed to allow for proper access in emergencies. (H&S, § 17920.3(a)(14), (c), (h), (l); CBC, § 116.1; CFC, §§ 110.1.1, 1030.1–1030.3; UHC, § 1001.12; YMC, §§ 9.47.020(n)(7), (n)(8), 11.01.030(a), (b), (i), 11.01.080.)
24.13. Unsafe Dilapidated Roof. The structure on the Nuisance Property contains severely dilapidated roof elements caused or worsened by the prior fire. The dilapidated roof elements create a collapse hazard to occupants and allow for water and insect intrusion that will create further extreme health and safety hazards. (H&S, § 17920.3(b)(6), (c); CBC, §§ 1.8.4.1, 116.1; ADB, § 302(5), (8), (9), (13); UHC, § 1001.3(6), (7); YMC, §§ 9.47.020(f), (n)(7), (n)(8), 11.01.030(a), (b), (f),
11.01.080.)
24.14. Illegal Rooftop Item. The Nuisance Property illegally contains a piece of plywood mounted to the roof of the structure covering damage from the prior fire. (H&S, § 17920.3(b)(6), (c); CBC, §§ 1.8.4.1, 116.1; ADB, § 302(5), (8), (9), (13); YMC, §§ 9.47.020(f), (g)(4), (g)(5), (n)(8), 11.01.030(a), (f), 11.01.080.)
24.15. Unsafe Dilapidated Ceiling. The structure on the Nuisance Property contains severely dilapidated ceiling elements caused or worsened by the prior fire. The dilapidated ceiling elements create a collapse hazard to occupants and allow for water and insect intrusion that will create further extreme health and safety hazards. (H&S, § 17920.3(b)(4), (b)(5), (c); CBC, §§1.8.4.1, 116.1; ADB, § 302(5), (8), (9), (13); UHC, § 1001.3(6)–(7); YMC, §§ 9.47.020(n)(7), (n)(8),
11.01.030(a), (b), (f), 11.01.080.)
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24.16. Unsafe Dilapidated Walls. The structure on the Nuisance Property contains dilapidated walls caused or worsened by the prior fire. (H&S, § 17920.3(b)(4), (b)(5), (c); CBC, §§ 1.8.4.1, 116.1; CFC, §§ 110.1.1, 701.2; ADB, § 302 (9), (13); UHC, § 1001.3(4), (5); YMC, §§ 9.47.020(n)(7), (n)(8), 11.01.030(a), (b), (f), (i),
11.01.080.)
24.17. Unsanitary Dilapidated Kitchen. The structure on the Nuisance Property contains dysfunctional, dilapidated, unsanitary kitchen facilities. Necessary repairs may include restoring water, sewer, and electrical utility services, removing all junk, debris, waste, and garbage, and repairing all wall paneling, tiling, grouting, and sinks. (H&S, § 17920.3(a)(3), (a)(5), (a)(10), (a)(14), (a)(15), (c); CBC, §§ 116.1, 2902.3; CPC, § 422.1; YMC, §§ 9.47.020(n)(8), 11.01.030(a), (c), 11.01.080.)
24.18. Unsanitary Dilapidated Bathroom. The structure on the Nuisance Property contains dysfunctional, dilapidated, unsanitary bathroom facilities. Necessary repairs may include restoring water, sewer, and electrical utility services, removing all junk, debris, waste, and garbage, and repairing all wall paneling, tiling, grouting, sinks, toilets, bathtubs, and showers. (H&S, § 17920.3(a)(1), (a)(5), (a)(14), (a)(15), (c); CBC, §§ 116.1, 2902.3; CPC, § 422.1; YMC, §§
9.47.020(n)(8), 11.01.030(a), (c), 11.01.080.)
24.19. Dilapidated & Missing Windows. The structure on the Nuisance Property contains dilapidated and missing windows. Dilapidated and missing windows constitute faulty weatherproofing. They also allow intruders, the elements, and animals to enter the interior of the Nuisance Property and cause further structural damage. Faulty weatherproofing also exacerbates the growth and proliferation of dangerous mold. (H&S, § 17920.3(a)(14), (c), (g)(2); CBC, § 116.1; ADB, § 302(9), (12), (17), (18); UHC, § 1001.8(2); YMC, §§ 9.47.020(g)(3), (n)(7), (n)(8), 11.01.030(a), (b), (f), 11.01.080.)
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24.20. Boarded-Up Windows. The structure on the Nuisance Property contains boarded-up windows. Boarded-up windows create faulty weather protection, expose the interior of the Nuisance Property to intruders, the elements, and animals and are a visual blight. (H&S, § 17920.3(a)(14), (c), (g)(2); CBC, § 116.1; ADB, § 302(9), (12), (17), (18); UHC, § 1001.8(2); YMC, §§ 9.47.020(g)(1), (g)(3), (i), (n)(7), (n)(8), 11.01.030(a), (b), (f), 11.01.080.)
24.21. Missing Window Screens. The structure on the Nuisance Property contains missing screening. Many of the windows have been boarded-up with wood or cardboard. Missing window screening allows the elements to enter the interior of the Nuisance Property, which can cause further structural damage, as well as the growth and proliferation of mold. (H&S, § 17920.3(a)(14), (c), (g)(2); CBC, § 116.1; ADB, § 302(9), (12), (17), (18); YMC, §§ 9.47.020(g)(3), (n)(8),
11.01.030(a), (f), 11.01.080.)
24.22. Missing Lights & Light Fixtures. Many lights and light fixtures throughout the Nuisance Property are missing or not in working condition. (H&S, § 17920.3(a)(10), (c), (d); CBC, §§ 116.1, 2701.1; CEC, §§ 110.11, 110.12(B); UHC, § 1001.5; ADB, § 302(9), (16)–(18); YMC, §§ 9.47.020(n)(7), (n)(8),
11.01.030(a), (b), (d), (f), 11.01.080.)
24.23. Illegal Storage of Dilapidated Inoperable Vehicle. The Nuisance Property contains a dilapidated, inoperable vehicle on the entrance of the driveway. This vehicle promotes blight, diminishes property values, invites plundering, creates fire hazards, constitutes an attractive nuisance that creates a hazard to the health and safety of minors and can be injurious to the health and safety of the general welfare. (H&S, § 17920.3(c); YMC, §§ 9.36.010, 9.47.020(e)(2), (g)(6), (h)(1), (h)(4), (h)(6).)
24.24. Illegal Storage & Accumulation of Junk & Debris. The Nuisance Property contains an excessive amount of junk and debris on the driveway, side of the structure on the Nuisance Property, in the back yard, in the garage, and in the Yreka City Council Agenda
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structure on the Nuisance Property. The accumulation of junk and debris constitutes a fire and health hazard, rodent harborage, blight, and attractive nuisance. (H&S, § 17920.3(a)(16), (c), (j); CBC, §116.1; CFC §§ 110.1.1, 304.1; ADB, § 302(9), (16); YMC, §§ 9.47.020(e)(1), (g)(7), (i), (l), (m), (n)(8),
9.48.010, 9.48.020, 11.01.030(a), (f), (i), 11.01.080.)
24.25. Illegal Storage & Accumulation of Waste & Garbage. The Nuisance Property contains an excessive amount of waste and garbage on the driveway, side of the structure on the Nuisance Property, in the back yard, in the garage, and in the structure on the Nuisance Property. The accumulation of waste and garbage constitutes a fire and health hazard, rodent harborage, blight, and attractive nuisance. (H&S, § 17920.3(a)(16), (c), (j); CBC, § 116.1; CFC § 110.1.1; ADB, § 302(9), (16); YMC, §§ 6.08.050, 9.47.020(e)(1), (g)(7), (i), (l), (m), (n)(8),
9.48.010, 9.48.020, 11.01.030(a), (f), (i), 11.01.080.)
24.26. Illegal Maintenance & Storage. Evidence of improper maintenance exists throughout the Nuisance Property. The Nuisance Property is littered with copious amounts of junk, debris, waste, and garbage on the side of the structure, in the back yard, as well as all throughout the Nuisance Property. (H&S, § 17920.3(c); CBC, § 116.1; CFC, §§ 304.1, 311.3; YMC, §§ 9.37.020(n)(8), 11.01.030(a), (i),
11.01.080.)
24.27. Lack of Garbage Containers & Receptables. The Nuisance Property lacks the requisite garbage containers or receptacles required by the Yreka Municipal Code. (H&S, § 17920.3(c); YMC, §§ 6.08.040, 6.08.060.)
24.28. Improper Disposal of Rubbish, Garbage, & Waste. The occupants of the Nuisance Property constantly disperse rubbish, garbage, and waste on the Nuisance Property and into public places. Occupants fail to deposit rubbish, garbage, and waste in proper carts and containers for collection as required by law.
Immediately cease illegal disposal of rubbish, garbage, and waste. (H&S, § 17920.3(a)(16), (c); YMC, §§ 9.47.020, 6.08.040–6.08.060, 6.08.140.) Yreka City Council Agenda
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24.29. Mold. Evidence of mold has been observed in the structure on the Nuisance Property. In addition, the hole in the roof allows rain and moisture to enter the property and cause mold. Mold is hazardous to human life and must be removed from the Nuisance Property. (H&S, § 17920.3(a)(13), (c); CBC, § 116.1; ADB, § 302(15)–(18); YMC, §§ 9.47.020(n)(8), 11.01.030(a), (f), 11.01.080.)
24.30. Rodent Harborage. The substantial amount of junk, debris, waste, and garbage throughout the exterior and interior of the Nuisance Property constitutes a rodent harborage. Furthermore, due to the recently collapsed and fallen garage door, rodents may easily enter the interior of the residential structure. Hiring a licensed professional exterminator may be necessary. (H&S, § 17920.3(a)(12), (c), (j); CBC, § 116.1; ADB, §§ 302(15), (17); YMC, §§ 9.47.020(n)(8), 11.01.030(a), (f),
11.01.080.)
24.31. Insect Infestation. The substantial amount of junk, debris, waste, and garbage throughout the exterior and interior of the Nuisance Property allows for insect infestation. This is a major health hazard. Furthermore, due to the recently collapsed and fallen garage door, insects may easily enter the interior of the residential structure. Hiring a licensed professional exterminator may be necessary. (H&S, § 17920.3(a)(12), (c), (j); CBC, § 116.1; ADB, § 302(15), (17); YMC, §§ 9.47.020(a), (n)(8), 11.01.030(a), (f), 11.01.080.)
24.32. Lack of Proper Landscaping. The parcel lacks proper landscaping and is covered with overgrown, dead vegetation. Dead vegetation constitutes a fire hazard, rodent harborage, and blight. (H&S, § 17920.3(c); YMC, § 9.37.020(a).)
24.33. Weeds. The parcel is littered with weeds, which can contribute to the spread of fire. (H&S, § 17920.3(c); YMC, § 9.37.020(a).)
24.34. Attractive Nuisance. The conditions on the Nuisance Property constitute an attractive nuisance, presenting a hazard to the health and safety of minors and inviting criminal activity. This includes, but is not limited to, the presence of junk, a refrigerator, cardboard boxes, and children’s toys throughout the Nuisance Yreka City Council Agenda
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Property; all of which can attract and endanger children. Furthermore, due to the recently collapsed and fallen garage door, children may easily enter the interior of the residential structure. (HSC, § 17920.3(c); YMC, § 9.47.020(g)(3), (h)(1), (h)(3), (h)(4), (h)(6), (i), (l).)
24.35. Unsafe Property. The Nuisance Property is unsafe. Recently, the garage door had collapsed and fallen. Abate all elements rendering the Nuisance Property unsafe, including all violations of law. (HSC, § 17920.3(c); YMC, § 9.47.020.)
24.36. Public Nuisance. The Nuisance Property is in such a condition as to constitute a public nuisance. (H&S, § 17920.3(c); ADB, § 302(17); YMC, §§ 9.47.020(a), (e),
9.48.010, 9.48.020, 11.01.030(f), 11.01.080.)
24.37. Visual Blight. The Nuisance Property, in its current condition, is an eyesore and a source of blight within the community. Blight attracts crime and reduces the property values of innocent neighbors. (H&S, § 17920.3(c); YMC, § 9.47.020(e), (i), (l).)
24.38. Abandoned & Boarded-Up Structure. The Nuisance Property is abandoned, and portions of the structure are boarded up. The Nuisance Property’s dire appearance is interfering with the neighboring community’s reasonable enjoyment of life or property and constitutes a public nuisance. (H&S, § 17920.3(c); CBC, § 116.1; CFC, §§ 304.1, 311.3; ADB, § 302(9), (12), (18); YMC, §§ 9.47.020(j), (n)(7), (n)(8), 11.01.030(f), (i), 11.01.080.)
24.39. Unsecured Structure. The garage of the building was observed collapsed and fallen, and full of junk, debris, trash, and waste. This leaves the building unsecure from intrusion by persons, animals, or the elements. (H&S, § 17920.3(c); ADB, § 302(9), (12); YMC, §§ 9.47.020(j), (n)(8), 11.01.030(f), 11.01.080.)
24.40. Offensive Odors. The Nuisance Property omits offensive odors, especially due to the excessive accumulation of junk, debris, waste, and garbage. (H&S, § 17920.3(c); YMC, § 9.47.020(h)(6), (i), (l).)
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24.41. Chipping & Cracking Paint. The paint on the building is in such a condition as to permit decay, peeling, warping, and dry rot as to render the building unsightly and in a state of disrepair. (H&S, § 17920.3(c); YMC, §§ 9.47.020(g)(5), (l),
11.01.030(b), 11.01.080.)
24.42. Improperly Maintained Structures. The structures on the nuisance property have been improperly maintained and contain damaged and unpainted sections.
These damaged and unpainted sections lead to dry rot, warping, and termite infestation. In addition, the fence bounding the Nuisance Property is damaged and dilapidated. (H&S, § 17920.3(c); UHC, §§ 1001.1, 1001.2(1), (3), (5), (6), (10), (13)–(15); YMC, §§ 9.47.020(g)(1)–(4), (l), (n)(1), (n)(2), (n)(5), (n)(6),
11.01.030(b), 11.01.080.)
25. The unlawful, dangerous, substandard conditions on the Nuisance Property—only a fraction of which are identified above—substantially endanger the health and safety of any occupants, neighbors, and the public in general. The Nuisance Property poses a severe risk of injury to any occupants and neighboring properties due to hazardous and unsanitary conditions that exist thereon.
26. For almost seven years now, the conditions on the Nuisance Property have forced the City to drain public resources attempting through all feasible methods to obtain compliance. The City has repeatedly issued the interested parties notices of violation and ordered the interested parties to abate the violations. However, nothing has worked. Defendants have continued to maintain structural hazards, unsanitary and unsafe living conditions, and fire and shock hazards—causing more neighbor complaints and City responses.
27. On or about February 16, 2021, City officials red-tagged the Nuisance Property (prohibiting all entry or occupancy) due to the immediate and substantial health and safety threats present thereon.
28. On October 10, 2023, the City issued Defendants a Legal Notice and Order To Abate (“Receivership N&O”), pursuant to H&S section 17980.6 and other laws, ordering the rehabilitation of the Nuisance Property to be completed within 30 days—by November 9, 2023 (“Compliance Deadline”). The Receivership N&O detailed all identified violations and indicated what steps needed to be taken to correct the identified violations. The Receivership N&O also noted that failure to comply Yreka City Council Agenda
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would potentially result in further legal action, including the appointment of a court receiver. A true and correct copy of the Receivership N&O is attached to this Complaint as Exhibit B and is incorporated herein.
29. On October 17, 2023, the City recorded a Notice of Pendency of Action to Abate Nuisance, attaching a copy of the Receivership N&O thereto, on title for the Nuisance Property with the Siskiyou County Recorder to further give notice of the violations on the Nuisance Property and of the City’s enforcement efforts to all interested parties.
30. City inspectors have re-inspected the Nuisance Property since the Compliance Deadline expired and have verified the continuing existence of the dangerous and unsanitary violations of law and other nuisance conditions on the Nuisance Property. Additionally, to date, Defendants have not even applied for (much less obtained) any permits to abate the violations specified in the Receivership N&O. Therefore, if any repair work or corrections have been made, they are unpermitted.
31. Considering the numerous substandard and dangerous conditions existing on the Nuisance Property—which includes substantial fire damage; building manifestly unsafe; unsecured and unsafe structure; general dilapidation and lack of maintenance; dangerous structural hazards; dilapidated ceiling, walls, windows, and floors; unpermitted construction; fire hazards; hazardous electrical wiring and other electrical components; shock hazards; unsafe and unsanitary living conditions; faulty weatherproofing; mold and water damage; and excessive amounts of junk, trash, and other debris throughout the interior and exterior of the Nuisance Property (a potential fire hazard)—there is a strong likelihood of continuing injury to any occupants, neighbors, and the community.
32. As of the date of this filing, Defendants, and all other responsible parties, have failed to:
properly rehabilitate the Nuisance Property or to maintain the Nuisance Property in accordance with the law; remedy the structural, fire, and shock hazards, unpermitted construction; address the unsafe and unsanitary living conditions; fix the faulty weatherproofing; or remove the accumulation of junk, trash, and debris. Without the appointment of a receiver by this Court, the conditions on the Nuisance Property will not only remain substandard, but the Nuisance Property will continue to deteriorate, further endangering the lives of any occupants, neighbors, the community, emergency responders, and the general public.
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33. Accordingly, the City requests the appointment of a court receiver to abate the unlawful, dangerous, substandard conditions on the Nuisance Property pursuant to H&S section 17980.7(c), Code of Civil Procedure (“CCP”) section 564(b)(3), 564(b)(9).
34. Due to Defendants’ failure to abate or correct violations of law and nuisances on the Nuisance Property, the City has incurred expenses, including, but not limited to, attorney fees, litigation costs, staff costs, abatement costs, and other incidental costs. The City is entitled to recover all costs, expenses, and fees regarding the Nuisance Property pursuant to law, including, but not limited to, H&S sections 17980.7(c)(11) and 17980.7(d)(1) and the YMC, including, but not limited to, YMC sections
9.47.130, 9.47.140, 9.47.150, and 9.47.160.
FIRST CAUSE OF ACTION
(Receivership—Against All Defendants)
35. The City re-alleges and incorporates all previous paragraphs as though set forth herein.
36. The Nuisance Property contains extensive building code violations that substantially endanger the health and safety of the public and violate numerous State and local laws, including, but not limited to, the H&S, the CBC, the CFC, the CEC, the CPC, the UHC, the ADB, and the YMC.
These violations are so extensive and of such a nature that the health and safety of occupants, neighbors, and the public is substantially endangered.
37. The City has afforded Defendants the maximum amount of rehabilitation time permitted pursuant to H&S section 17980(a). Since enforcement efforts first began, Defendants had close to a decade to improve the conditions on the Nuisance Property, which Defendants have not done. Further, the Receivership N&O that was issued in accordance with H&S section 17980.6 on October 10, 2023, provided an additional 30 days for the Nuisance Property to be rehabilitated.
38. However, to date, Defendants have failed to rectify the numerous, serious violations of law that exist on the Nuisance Property. Defendants have also violated the Compliance Deadline contained in the Receivership N&O. If no individual has stepped forward to administer Owner’s Estate and manage the Nuisance Property by now, it seems unlikely that anyone will ever step forward until action is commenced.
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39. H&S section 17980.7(c) requires that at least three days of advanced notice (“3-Day Notice”) of the filing of this Complaint be posted on the Nuisance Property and mailed to all persons with a recorded interest in the Nuisance Property. True and correct copies of the proofs of service for the 3-Day Notices are collectively attached to this Complaint as Exhibit C and are incorporated herein.
40. Pursuant to H&S section 17980.7(c), the City requests that the Court appoint a receiver to take full and complete possession and control of the Nuisance Property in order to rehabilitate the Nuisance Property and bring the Nuisance Property into compliance with all applicable laws.
41. The City also requests that the Court appoint a receiver over the Nuisance Property pursuant to CCP section 564, subdivisions (b)(3) and (b)(9).
42. Based on Defendants’ failure to comply with the Receivership N&O, pursuant to H&S section 17980.7(b)(1), Defendants are not entitled to claim any deduction with respect to State taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the Nuisance Property for taxable year 2023 and during the pendency of this action.
43. Due to Defendants’ continued and long-history of failure to comply with the City’s notices, the Receivership N&O, and other enforcement efforts, the City has been forced to file this Complaint and seek the Court’s appointment of a court receiver. As a result, the City has incurred, and will continue to incur, administrative expenses, court costs, and attorney fees. The City is entitled to recover all costs, expenses, fees, and attorney fees regarding the Nuisance Property pursuant to law, including but not limited to H&S section 17980.7, subdivisions (c)(11) and (d)(1), and the YMC, including but not limited to YMC sections 9.47.130, 9.47.140, 9.47.150, and 9.47.160.
SECOND CAUSE OF ACTION
(Public Nuisance—Against All Defendants)
(Civil Code sections 3479, 3480, 3491, and 3494)
44. The City re-alleges and incorporates all previous paragraphs as though set forth herein.
45. The City brings this action pursuant to CCP sections 526(a) and 731 and Civil Code sections 3479, 3480, 3491, and 3494.
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46. According to Civil Code section 3479, anything that is injurious to health, is indecent or offensive to the senses, or is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance.
47. Defendants’ failure to maintain the Nuisance Property has resulted in violations of numerous State and local laws—which includes substantial fire damage; building manifestly unsafe; unsecured and unsafe structure; general dilapidation and lack of maintenance; dangerous structural hazards; dilapidated ceiling, walls, windows, and floors; unpermitted construction; fire hazards; hazardous electrical wiring and other electrical components; shock hazards; unsafe and unsanitary living conditions; faulty weatherproofing; mold and water damage; and excessive amounts of junk, trash, and other debris throughout the interior and exterior of the Nuisance Property (a potential fire hazard)— that are injurious to the public health, offensive to the senses, and interferes with the public’s comfortable enjoyment of life and property.
48. Civil Code section 3480 defines a public nuisance as one which affects, at the same time, an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
49. As set forth in this Complaint, the numerous violations of law that currently exist on the Nuisance Property pose a significant and immediate threat to the health and safety of the public, occupants, and neighbors. Some of these immediate threats include the structural hazards, unsafe and unsanitary living conditions, electrical and shock hazards, and excessive amounts of junk, trash, and other debris throughout the interior and exterior of the Nuisance Property, which present a severe fire hazard and block necessary means of egress. Therefore, the Nuisance Property constitutes a nuisance and is subject to injunctive relief to prohibit continuing violations, future violations, and to cause compliance with the law.
50. The City has attempted to gain compliance for years to no avail. Defendants continue to maintain and allow conditions on the Nuisance Property that violate numerous State and local laws and threaten the health, safety, and welfare of the public. If no action is taken now, it is certain that nothing will change and the conditions on the Nuisance Property will continue to violate numerous State and local laws as well as pose a danger to neighbors and the public.
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51. Unless action is taken and Defendants are enjoined by the Court from maintaining or allowing the continued nuisance on the Nuisance Property, the Nuisance Property will continue to threaten the health, safety, and welfare of any occupants, as well as neighbors and the general public.
52. The City has no plain, speedy, or adequate alternative remedy at law to abate the public nuisances alleged herein other than a receivership and injunctive relief—which is authorized by CCP sections 526, 527, and 731.
53. Given the immediate harm to the health and safety of the public and the harm to the free use and enjoyment of other property in the area, injunctions are necessary to prevent any further illegal conditions and activities on the Nuisance Property.
54. Due to Defendants’ failure to abate public nuisance conditions on the Nuisance Property, the City has incurred expenses, including, but not limited to, attorney fees, litigation costs, staff costs, abatement costs, and other incidental costs. The City is entitled to recover all costs, expenses, fees, and attorney fees regarding the Nuisance Property pursuant to law, including but not limited to Government Code section 38771 et sequentes and the YMC, including but not limited to YMC sections 9.47.130,
9.47.140, 9.47.150, and 9.47.160.
THIRD CAUSE OF ACTION
(Nuisance Per Se—Against All Defendants)
(National City Municipal Code)
55. The City re-alleges and incorporates all previous paragraphs as though set forth herein.
56. The City brings this action pursuant to the YMC, including, but not limited to, YMC chapters
1.04, 1.10 through 1.12, and 9.47, which permit the City to enforce any violation of the YMC by seeking injunctive relief, among other remedies.
57. Government Code section 38771 authorizes cities to declare by ordinance what constitutes a nuisance. Any condition caused, maintained, allowed, or permitted to exist in violation of the YMC or its adopted codes is a public nuisance. (YMC, §§ 1.10.040, 1.10.030(M).) Yreka City Council Agenda
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58. When a city’s municipal code declares certain conditions to be a nuisance, those conditions are a nuisance per se and no proof of the nuisance is required beyond the existence of the condition itself. (City of Costa Mesa v. Soffer (1992) 11 Cal.App.4th 378, 382.)
59. YMC section 9.47.020, among other sections, enumerates specific conditions on real property which constitute a nuisance per se.
60. The City has adopted the CBC, the CEC, the CFC, the CPC, the UHC, and the ADB pursuant to Title 11 of the YMC. Thus, pursuant to YMC sections 1.10.040 and 11.01.080, among other sections, any violation of these adopted codes constitutes a nuisance per se.
61. Defendants have allowed, maintained, and caused violations of the YMC, the CBC, the CEC, the CFC, the CPC, the UHC, and the ADB to occur on the Nuisance Property for years; thus, these violations are nuisances per se. These violations are fully detailed above and in the Receivership N&O attached as Exhibit B.
62. Defendants continue to allow nuisances per se to persist on the Nuisance Property and, unless enjoined from continuing the nuisance activity, will continue to allow the nuisances to persist. Therefore, injunctions issued by this Court are necessary to prevent the continuation of these and other public nuisances on the Nuisance Property.
63. Due to Defendants’ failure to abate the per se nuisances on the Nuisance Property, the City has incurred expenses, including, but not limited to, attorney fees, litigation costs, staff costs, abatement costs, and other incidental costs. The City is entitled to recover all costs, expenses, and fees regarding the Nuisance Property pursuant to law, including but not limited to, Government Code section 38771 et sequentes and the YMC, including but not limited to, YMC chapters 1.12, 9.47, and 11.01.
PRAYER FOR RELIEF
WHEREFORE, the City prays for judgment against Defendants as follows:
1. For the Court to find and declare that the Nuisance Property is a Public Nuisance and a Nuisance Per Se.
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2. For the Court to find and declare that the Nuisance Property contains violations that are so extensive and of such a nature that the health and safety of any occupants, neighbors, and the public is substantially endangered.
3. For the Court to find and declare that Defendants were properly issued the Receivership N&O in accordance with H&S section 17980.6.
4. For the Court to find and declare that Defendants failed to correct the substantially dangerous conditions on the Nuisance Property despite having been afforded an adequate and reasonable opportunity to do so.
5. For the Court to enjoin Defendants from maintaining or continuing the nuisances and violations on the Nuisance Property.
6. For the Court to appoint a court receiver to take possession and control of the Nuisance Property, as requested herein, pursuant to H&S section 17980.7(c), CCP section 564(b)(3), and CCP section 564(b)(9).
7. For the Court to grant the court receiver the authority to do all of the following, pursuant to H&S sections 17980 et sequentes and 17980.7, and CCP sections 564 through 570:
7.1. Take full and complete control of the Nuisance Property.
7.2. Manage the Nuisance Property and pay the expenses of the operation of the Nuisance Property, including taxes, insurance, utilities, general maintenance, and debt secured by an interest in the Nuisance Property.
7.3. Secure a cost estimate and construction plan from licensed contractors for the repairs necessary to correct all building and code violations on the Nuisance Property.
7.4. Enter into contracts and employ licensed contractors, as necessary, to correct the conditions on the Nuisance Property, including contracts for demolition or repair.
7.5. Exercise the powers granted to receivers under CCP section 568.
7.6. Collect all rents and income from the Nuisance Property; and to use all rents and income to pay for the cost of the rehabilitation and repair of the Nuisance Property.
7.7. Borrow all funds necessary to pay for repairs to correct all conditions on the Nuisance Property.
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7.8. Secure all borrowed funds, costs, expenses, and fees associated with the rehabilitation of the Nuisance Property with super-priority liens against the Nuisance Property that are superior to any and all pre-existing liens.
7.9. Borrow funds to pay the City its reasonable costs, expenses, and attorney fees out of the receivership estate as provided by H&S sections 17980 et sequentes and 17980.7, subdivisions (c)(11) and (d)(1); and to secure those funds against the Nuisance Property with super-priority liens the same as all other borrowed funds.
7.10.Borrow funds to pay the City its reasonable and actual enforcement costs including, but not limited to, inspection costs, investigation costs, enforcement costs, and all costs of prosecution out of the receivership estate; and to secure those funds against the Nuisance Property with super-priority liens the same as all other borrowed funds, as provided by H&S sections 17980 et sequentes and 17980.7(d)(1).
8. For the Court to enjoin Defendants from collecting rents or income from the Nuisance Property, from interfering with the court receiver in the operation and rehabilitation of the Nuisance Property, and from encumbering or transferring any interest in the Nuisance Property, as required by H&S section 17980.7(c)(3).
9. For the Court to order Defendants not to claim any deduction with respect to State taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the Nuisance Property for taxable year 2023 and during the pendency of this action pursuant to H&S section 17980.7(b)(1).
10. For the Court to issue a temporary restraining order and preliminary and permanent injunctions pursuant to the YMC and the Civil Code, prohibiting Defendants from maintaining or allowing any public nuisances on the Nuisance Property or in the City and requiring Defendants to abate all violations of law on the Nuisance Property.
11. For the Court to order Defendants to pay all the City’s reasonable attorney fees and court costs, pursuant to H&S section 17980.7(c)(11) and the YMC, including, but not limited to, YMC chapters 1.12, 9.47, and 11.01.
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NUISANCE ABATEMENT & RECEIVERSHIP COMPLAINT
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12. For the Court to order Defendants to pay all reasonable and actual costs of the City, such as inspection costs, investigation costs, enforcement costs, prosecution costs, and attorney fees and costs, pursuant to H&S section 17980.7(d)(1) and the YMC, including but not limited to YMC chapters 1.12,
9.47, and 11.01.
13. For the Court to order any unpaid amounts owed pursuant to this action to be secured as a special assessment against the Nuisance Property pursuant to Government Code section 38773.5 and the YMC.
14. For the Court to authorize the recovery of the City’s costs, expenses, and attorney fees out of the receivership estate, to be secured as a super-priority lien on the Nuisance Property the same as all other receiver’s certificates, as authorized by H&S sections 17983, 17980.7(c)(11), and 17980.7(d)(1), the YMC, Winslow v. Harold Ferguson (1944) 25 Cal.2d 274, jurisprudence, and equity.
15. For the Court to retain jurisdiction over the Nuisance Property for the statutory period following discharge of the court receiver pursuant to H&S section 17980.7(c)(10).
16. For any other relief as the Court may deem proper or necessary.
Dated: March _____, 2024 CITY OF YREKA
By: _________________________
CURTIS R. WRIGHT
Yreka City Prosecutor
SERVIAM BYWRIGHTLLP
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GRANT DEED
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RECEIVERSHIP N&O
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EXHIBIT B
NOTICE AND ORDER TO ABATE
ISSUED OCTOBER 10, 2023
Yreka City Council Agenda
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City of Yreka
Police Department
1400 Fairlane Rd
Yreka CA 96097
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NOTICE AND ORDER
TO ABATE
DELIVERED VIA POSTING ON NUISANCE PROPERTY AND REGISTERED MAIL TO ALL INTERESTED
PARTIES
Dated: October 10, 2023
Nuisance Property:
1409 Nugget Way,
Yreka, California 96097
APN 062-091-270-000
Compliance Initiation Deadline: October 20, 2023 (10 Days) Hearing Request Deadline: October 25, 2023 (15 days)
Compliance Completion Deadline: November 9, 2023 (30 days) Interested Parties:
Linda V. Reynolds or Estate
AKA Linda V. Super
1409 Nugget Way
Yreka, California 96097
United States Department of Agriculture
Rural Housing Service
c/o Centralized Servicing Center, United
States Department of Agriculture
P.O. Box 66889
St. Louis, MO 63166
Title Insurance & Trust Co. as Trustee of
the Deed of Trust
P.O. Box 1240
Redding, California 96099
USDA Rural Development
215 Executive Court, Suite B
Yreka, CA 96097
Kenna Super
1409 Nugget Way
Yreka, California 96097
Nicole Croy
1409 Nugget Way
Yreka, California 96097
All Interested Parties
1409 Nugget Way
Yreka, California 96097
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To All Interested Parties:
This Notice and Order to Abate (“N&O”) is issued pursuant to the California Health and Safety Code (“H&S”) section 17980 et sequentes among and other applicable laws. The City of Yreka (“City”) has determined that the parcel of real property located at the address and Assessor’s Parcel Number (“APN”) identified above (“Nuisance Property”) contains unlawful conditions that constitute a public nuisance and pose a substantial danger to the health, safety, and general welfare of the occupants, the surrounding community, and the public. These unlawful conditions are in violation of multiple provisions of law, including, but not limited to, the H&S, the California Building Code (“CBC”), the California Fire Code (“CFC”), the California Electrical Code (“CEC”), the California Plumbing Code (“CPC”), the Uniform Housing Code (“UHC”), the Uniform Code for the Abatement of Dangerous Buildings (“ADB”), and the Yreka Municipal Code (“YMC”).
The following unlawful conditions were identified during a recent inspection of the Nuisance Property (this may not be an exhaustive list of all violations—the City retains the right to identify additional violations as they are discovered):
1. Fire Damaged Building. The building contains excessive fire damage, compromising the structural integrity of the building and exposing occupants to health and safety hazards.
Portions of the ceiling and roof were damaged by the fire and require immediate repair. A formal plan submittal by a licensed contractor and building permits must be obtained prior to any repairs. All repairs must be completed to meet building code standards. (H&S, § 17920.3(c); CBC, §§ 1.8.4.1, 116.1; UHC, § 1001.3(4)–(6); CFC, §§ 110.1.1, 305.4, 305.5, 701.2; ADB, § 302(4), (8), (9), (12), (16), (17); YMC, §§ 9.47.020(n)(1)–(2), (5)–(8),
11.01.030(a)–(b), (f), (i), 11.01.080.)
2. Manifestly Unsafe. The Nuisance Property is manifestly unsafe due to structural issues, sanitation concerns, fire and electrical hazards, and other significant health and safety issues. The Nuisance Property is substandard and a danger to any entrants, occupants, or first responders in case of an emergency. Immediately vacate the Nuisance Property.
Demolish or obtain permits and repair all structures on the Nuisance Property to meet all applicable standards. (H&S, § 17920.3(a)(14), (b)(1)–(2), (b)(6)–(7), (c), (g), (k); CBC, §§ 1.8.4.1, 116.1; ADB, § 302(5), (8), (9), (12), (13), (17), (18); YMC, §§ 9.47.020(n)(1)– (2), (5)–(8), 11.01.030(a), (f), 11.01.080.)
3. Structures at Risk of Collapse. The structure has been partially destroyed by the previous fire and portions are at immediate risk of collapse. In the even of collapse, any occupants could be severely injured or possibly killed. Repair the structure to eliminate any risk of collapse. (H&S, § 17920.3(b)(1), (b)(6)–(7), (c), (k); CBC, § 116.1; ADB, § 302(5), (8)– (9), (13); YMC, §§ 9.47.020(n)(1), (n)(2), (n)(5)–(8), 11.01.030(a), (f), 11.01.080.)
4. Structural Hazard. The Nuisance Property contains structural hazards including, but not limited to, dilapidated sections of the roof, ceiling, walls, and flooring. The Nuisance Property also contains exposed framing from the previous fire. Obtain all required permits and repair all structural hazards. (H&S, § 17920.3(b)(1), (b)(6)–(7), (c), (k); CBC, §§
1.8.4.1, 116.1; ADB, § 302(4), (8)–(9), (12), (17)–(18); YMC, §§ 9.47.020(g)(1)–(2), (g)(5), (n)(2), (n)(7)–(8), 11.01.030(a), (f), 11.01.080.) Yreka City Council Agenda
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5. Unpermitted & Exposed Electric Wiring. The electrical system remains in disrepair due to the fire that erupted at the Nuisance Property. The interior of the Nuisance Property contains exposed electrical wiring visible from the holes in the ceiling. The exposed wiring appears to be damaged and in a dangerous condition. Improper and unsafe electrical wiring, including exposed insulated electrical wiring, creates fire and shock hazards. Such insulated wiring must be concealed within walls, floors or ceilings. Conceal all exposed insulated wiring. Any modifications to electrical wiring may require obtaining a permit before commencing work. Repair electrical system where damaged by fire. (H&S, § 17920.3(c), (d); CBC, §§ 105.1, 116.1, 2701.1; CEC, §§ 110.11, 110.12(B), 406.4–406.6; ADB, § 302(9), (13); UHC, § 1001.5; YMC, §§ 9.47.020(n)(7), 11.01.030(a)–(b), (d), (f),
11.01.080.)
6. Unpermitted & Damaged Electrical System. Unpermitted electrical is present throughout the Nuisance Property. The electrical system also remains in disrepair due to the fire that erupted at the Nuisance Property. Portions of electrical wiring remain visible through holes in the ceiling and appear damaged. Replace and repair the electrical system as required and where damaged by fire. (H&S, § 17920.3(c), (d); CBC, §§ 105.1, 116.1; CFC, §§ 110.1.1, 605.1; CEC, §§ 110.11, 110.12(B), 300.4, 406.4–406.6; UHC, § 1001.5; YMC, §§ 9.47,020(n)(7)–(8), 11.01.030(a)–(b), (i), 11.01.080.)
7. Lack of Water, Sewer, & Electrical Utility Services. Water, sewer, and electrical utility services are disconnected from the Nuisance Property. Immediately restore water, sewer, and electrical utility services or cap utilities and demolish all structures. (H&S, § 17920.3(a)(5), (a)(10), (a)(15), (c), (e); UHC, § 1001.2(5)–(6), (10), (14); YMC, §§
9.47.020(n)(7)–(8), 11.01.030(b), 11.01.080, 12.16.040.)
8. Lack of Adequate Heating. The Nuisance Property lacks proper heating equipment as required by law. Properly functioning heating equipment is necessary for the preservation of human health. Ensure that there is properly functioning heating equipment in the Nuisance Property. Repair air conditioner and heating units. Obtain any necessary permits. (H&S, § 17920.3(a)(6), (a)(14), (c); CBC, § 116.1; UHC, § 1001.2(6); YMC, §§
9.47.020(n)(7)–(8), 11.01.030(a), 11.01.080.)
9. Lack of Fire-Resistive Construction. Due to fire damage, the building must be repaired to meet all building code standards for fire-resistive construction. (H&S, § 17920.3(c), (m); CBC, § 116.1; CFC, §§ 110.1.1, 305.4–305.5, 701.2; ADB, § 302(4), (8)–(9), (12), (16)–(17); UHC, § 1001.10; YMC, §§ 9.47.020(n)(7)–(8), 11.01.030(a)–(b), (f), (i),
11.01.080.)
10. Faulty Weather Protection. The structure on the Nuisance Property contains faulty weather protection, including dilapidated or missing windows, doors, wall elements, roof elements, and at least three holes in the ceiling ranging from one foot in diameter to portions of the whole ceiling. The Nuisance Property also lacks proper paint and sealing on the exterior and interior areas of the structure. Faulty weather protection allows moisture and heat to enter the structure, which may undermine the structure’s construction and allows for the spread of mold. Repair and replace all faulty weather protection. (H&S, § 17920.3(c), (g); CBC, § 116.1; ADB, § 302(8)–(9), (13); UHC, § 1001.8; YMC, §§
9.47.020(n)(7), 11.01.030(a), (f), 11.01.080.)
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11. Illegal Stacking of Combustible Materials. In the front and side yard of the Nuisance Property, there is stacking and storage of combustible materials, which increase or may cause an increase of the hazard or menace of fire. (H&S, § 17920.3(c); YMC, §
9.47.020(a), (e), (g)(7).)
12. Blocked or Inadequate Ingress & Egress. Pathways into the Nuisance Property are obstructed by storage and garbage, thereby blocking necessary means of ingress and egress.
The accumulation of storage materials, trash, and other debris throughout the Nuisance Property inhibits ingress and egress from the Nuisance Property in the event of another fire or other emergency. Inadequate means of egress exacerbates fire hazards and puts the lives and safety of any occupants at risk. Given the fact that there has already been a fire at the Nuisance Property, adequate means of egress are especially necessary in case another fire erupts. All exits and egress routes, including windows, must be cleared and remain unobstructed to allow for proper access in emergencies. (H&S, § 17920.3(a)(14), (c), (h), (l); CBC, § 116.1; CFC, §§ 110.1.1, 1030.1–1030.3; UHC, § 1001.12; YMC, §§
9.47.020(n)(7)–(8), 11.01.030(a)–(b), (i), 11.01.080.)
13. Unsafe Dilapidated Roof. The structure on the Nuisance Property contains severely dilapidated roof elements caused or worsened by the prior fire. The dilapidated roof elements create a collapse hazard to occupants and allow for water and insect intrusion that will create further extreme health and safety hazards. Obtain all necessary permits and repair or replace all dilapidated roof elements according to the applicable standards. (H&S, § 17920.3(b)(6), (c); CBC, §§ 1.8.4.1, 116.1; ADB, § 302(5), (8)–(9), (13); UHC, § 1001.3(6)–(7); YMC, §§ 9.47.020(f), (n)(7)–(8), 11.01.030(a)–(b), (f), 11.01.080.)
14. Illegal Rooftop Item. The Nuisance Property illegally contains a piece of plywood mounted to the roof of the structure covering damage from the prior fire. Remove the mounted plywood and obtain all necessary permits to repair the damage to the roof. (H&S, § 17920.3(b)(6), (c); CBC, §§ 1.8.4.1, 116.1; ADB, § 302(5), (8)–(9), (13); YMC, §§
9.47.020(f), (g)(4)–(5), (n)(8), 11.01.030(a), (f), 11.01.080.)
15. Unsafe Dilapidated Ceiling. The structure on the Nuisance Property contains severely dilapidated ceiling elements caused or worsened by the prior fire. The dilapidated ceiling elements create a collapse hazard to occupants and allow for water and insect intrusion that will create further extreme health and safety hazards. Obtain all necessary permits and repair or replace all dilapidated ceiling elements according to the applicable standards. (H&S, § 17920.3(b)(4)–(5), (c); CBC, §§1.8.4.1, 116.1; ADB, § 302(5), (8)–(9), (13); UHC, § 1001.3(6)–(7); YMC, §§ 9.47.020(n)(7)–(8), 11.01.030(a)–(b), (f), 11.01.080.)
16. Unsafe Dilapidated Walls. The structure on the Nuisance Property contains dilapidated walls caused or worsened by the prior fire. Obtain all necessary permits and repair all dilapidated walls, including baseboards, insulation, and painting, according to the applicable standards. (H&S, § 17920.3(b)(4)–(5), (c); CBC, §§ 1.8.4.1, 116.1; CFC, §§ 110.1.1, 701.2; ADB, § 302 (9), (13); UHC, § 1001.3(4)–(5); YMC, §§ 9.47.020(n)(7)– (8), 11.01.030(a)–(b), (f), (i), 11.01.080.)
17. Unsanitary Dilapidated Kitchen. The structure on the Nuisance Property contains dysfunctional, dilapidated, and unsanitary kitchen facilities. Fully restore and clean all kitchen areas to meet applicable standards. Necessary repairs may include restoring water, sewer, and electrical utility services, removing all junk, debris, waste, and garbage, and Yreka City Council Agenda
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repairing all wall paneling, tiling, grouting, and sinks. (H&S, § 17920.3(a)(3), (a)(5), (a)(10), (a)(14)–(15), (c); CBC, §§ 116.1, 2902.3; CPC, § 422.1; YMC, §§ 9.47.020(n)(8),
11.01.030(a), (c), 11.01.080.)
18. Unsanitary Dilapidated Bathroom. The structure on the Nuisance Property contains dysfunctional, dilapidated, and unsanitary bathroom facilities. Fully restore and clean all bathroom areas to meet applicable standards. Necessary repairs may include restoring water, sewer, and electrical utility services, removing all junk, debris, waste, and garbage, and repairing all wall paneling, tiling, grouting, sinks, toilets, bathtubs, and showers. (H&S, § 17920.3(a)(1), (a)(5), (a)(14)–(15), (c); CBC, §§ 116.1, 2902.3; CPC, § 422.1; YMC, §§ 9.47.020(n)(8), 11.01.030(a), (c), 11.01.080.)
19. Dilapidated & Missing Windows. The structure on the Nuisance Property contains dilapidated and missing windows. Dilapidated and missing windows constitute faulty weatherproofing. They also allow intruders, the elements, and animals to enter the interior of the Nuisance Property and cause further structural damage. Faulty weatherproofing also exacerbates the growth and proliferation of dangerous mold. Repair or replace all dilapidated and missing windows. (H&S, § 17920.3(a)(14), (c), (g)(2); CBC, § 116.1; ADB, § 302(9), (12), (17)–(18); UHC, § 1001.8(2); YMC, §§ 9.47.020(g)(3), (n)(7)–(8),
11.01.030(a)–(b), (f), 11.01.080.)
20. Boarded-Up Windows. The structure on the Nuisance Property contains boarded-up windows. Boarded-up windows create faulty weather protection, expose the interior of the Nuisance Property to intruders, the elements, and animals and are a visual blight. Repair or replace all boarded-up windows. (H&S, § 17920.3(a)(14), (c), (g)(2); CBC, § 116.1; ADB, § 302(9), (12), (17), (18); UHC, § 1001.8(2); YMC, §§ 9.47.020(g)(1), (g)(3), (i), (n)(7)–(8), 11.01.030(a)–(b), (f), 11.01.080.)
21. Missing Window Screens. The structure on the Nuisance Property contains missing screening. Many of the windows have been boarded-up with wood or cardboard. Missing window screening allows the elements to enter the interior of the Nuisance Property, which can cause further structural damage, as well as the growth and proliferation of mold.
Replace all missing window screening. (H&S, § 17920.3(a)(14), (c), (g)(2); CBC, § 116.1; ADB, § 302(9), (12), (17)–(18); YMC, §§ 9.47.020(g)(3), (n)(8), 11.01.030(a), (f),
11.01.080.)
22. Missing Lights & Light Fixtures. Many lights and light fixtures throughout the Nuisance Property are missing or not in working condition. Repair or replace all improper lighting elements, including those required for safety. (H&S, § 17920.3(a)(10), (c), (d); CBC, §§ 116.1, 2701.1; CEC, §§ 110.11, 110.12(B); UHC, § 1001.5; ADB, § 302(9), (16)–(18); YMC, §§ 9.47.020(n)(7)–(8), 11.01.030(a)–(b), (d), (f), 11.01.080.)
23. Illegal Storage of Dilapidated Inoperable Vehicle. The Nuisance Property contains a dilapidated inoperable vehicle on the entrance of the driveway. This vehicle promotes blight, diminishes property values, invites plundering, creates fire hazards, constitutes an attractive nuisance that creates a hazard to the health and safety of minors, can be injurious to the health and safety of the general welfare. Immediately remove and properly dispose of all dilapidated, inoperable vehicles and automotive parts. (H&S, § 17920.3(c); YMC, §§ 9.36.010, 9.47.020(e)(2), (g)(6), (h)(1), (h)(4), (h)(6).) Yreka City Council Agenda
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24. Illegal Storage & Accumulation of Junk & Debris. The Nuisance Property contains an excessive amount of junk and debris on the driveway, side of the structure on the Nuisance Property, in the back yard, in the garage, and in the structure on the Nuisance Property.
The accumulation of junk and debris constitutes a fire and health hazard, rodent harborage, blight, and attractive nuisance. Immediately remove all junk and debris, including that which is buried, covered, or otherwise concealed. (H&S, § 17920.3(a)(16), (c), (j); CBC, §116.1; CFC §§ 110.1.1, 304.1; ADB, § 302(9), (16); YMC, §§ 9.47.020(e)(1), (g)(7), (i), (l), (m), (n)(8), 9.48.010, 9.48.020, 11.01.030(a), (f), (i), 11.01.080.)
25. Illegal Storage & Accumulation of Waste & Garbage. The Nuisance Property contains an excessive amount of waste and garbage on the driveway, side of the structure on the Nuisance Property, in the back yard, in the garage, and in the structure on the Nuisance Property. The accumulation of waste and garbage constitutes a fire and health hazard, rodent harborage, blight, and attractive nuisance. Immediately remove all waste and garbage, including that which is buried, covered, or otherwise concealed. (H&S, § 17920.3(a)(16), (c), (j); CBC, § 116.1; CFC § 110.1.1; ADB, § 302(9), (16); YMC, §§
6.08.050, 9.47.020(e)(1), (g)(7), (i), (l), (m), (n)(8), 9.48.010, 9.48.020, 11.01.030(a), (f), (i), 11.01.080.)
26. Illegal Maintenance & Storage. Evidence of improper maintenance exists throughout the Nuisance Property. The Nuisance Property is littered with copious amounts of junk, debris, waste, and garbage on the side of the structure, in the back yard, as well as all throughout the Nuisance Property. Remove all junk, debris, waste, and garbage present on the Nuisance Property, and properly maintain and secure the Nuisance Property. (H&S, § 17920.3(c); CBC, § 116.1; CFC, §§ 304.1, 311.3; YMC, §§ 9.37.020(n)(8), 11.01.030(a), (i), 11.01.080.)
27. Lack of Garbage Containers & Receptables. The Nuisance Property lacks the requisite garbage containers or receptacles required by the Yreka Municipal Code. Obtain such garbage containers or receptacles and store them in a place as to be readily accessible for removing and emptying the materials therein. (H&S, § 17920.3(c); YMC, §§ 6.08.040,
6.08.060.)
28. Improper Disposal of Rubbish, Garbage, & Waste. The occupants of the Nuisance Property constantly disperse rubbish, garbage, and waste on the Nuisance Property and into public places. Occupants fail to deposit rubbish, garbage, and waste in proper carts and containers for collection as required by law. Immediately cease illegal disposal of rubbish, garbage, and waste. Remove all rubbish, waste, and garbage from the interior and exterior areas of the Nuisance Property and public areas. (H&S, § 17920.3(a)(16), (c); YMC, §§
9.47.020, 6.08.040–6.08.060, 6.08.140.)
29. Mold. Evidence of mold has been observed in the structure on the Nuisance Property. In addition, the hole in the roof allows rain and moisture to enter the property and cause mold.
Mold is hazardous to human life and must be removed from the Nuisance Property.
Complete mold testing and remove all mold. (H&S, § 17920.3(a)(13), (c); CBC, § 116.1; ADB, § 302(15)–(18); YMC, §§ 9.47.020(n)(8), 11.01.030(a), (f), 11.01.080.)
30. Rodent Harborage. The substantial amount of junk, debris, waste, and garbage throughout the exterior and interior of the Nuisance Property constitutes a rodent harborage. Remove all junk, debris, waste, and garbage and eliminate all rodent, insect, Yreka City Council Agenda
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and vermin infestation and harborages. Hiring a licensed professional exterminator may be necessary. (H&S, § 17920.3(a)(12), (c), (j); CBC, § 116.1; ADB, §§ 302(15), (17); YMC, §§ 9.47.020(n)(8), 11.01.030(a), (f), 11.01.080.)
31. Insect Infestation. The substantial amount of junk, debris, waste, and garbage throughout the exterior and interior of the Nuisance Property allows for insect infestation. This is a major health hazard. Remove all junk, debris, waste, and garbage and eliminate rodent, insect, and vermin infestation and harborages. Hiring a licensed professional exterminator may be necessary. (H&S, § 17920.3(a)(12), (c), (j); CBC, § 116.1; ADB, § 302(15), (17); YMC, §§ 9.47.020(a), (n)(8), 11.01.030(a), (f), 11.01.080.)
32. Lack of Proper Landscaping. The parcel lacks proper landscaping and is covered with overgrown, dead vegetation. Dead vegetation constitutes a fire hazard, rodent harborage, and blight. Properly landscape the parcel pursuant to the Yreka Municipal Code. (H&S, § 17920.3(c); YMC, § 9.37.020(a).)
33. Weeds. The parcel is littered with weeds, which can contribute to the spread of fire.
Remove all weeds. (H&S, § 17920.3(c); YMC, § 9.37.020(a).)
34. Attractive Nuisance. The conditions on the Nuisance Property constitute an attractive nuisance, presenting a hazard to the health and safety of minors and inviting criminal activity. This includes, but is not limited to, the presence of junk, a refrigerator, cardboard boxes, and children’s toys throughout the Nuisance Property; all of which can attract and endanger children. Abate all attractive nuisances. (HSC, § 17920.3(c); YMC, §
9.47.020(g)(3), (h)(1), (h)(3), (h)(4), (h)(6), (i), (l).)
35. Unsafe Property. The Nuisance Property is unsafe. Abate all elements rendering the Nuisance Property unsafe, including all violations of law. (HSC, § 17920.3(c); YMC, §
9.47.020.)
36. Public Nuisance. The Nuisance Property is in such a condition as to constitute a public nuisance. Abate all nuisances. (H&S, § 17920.3(c); ADB, § 302(17); YMC, §§
9.47.020(a), (e), 9.48.010–9.48.020, 11.01.030(f), 11.01.080.)
37. Visual Blight. The Nuisance Property in its current condition is an eyesore and a source of blight within the community. Blight attracts crime and reduces the property values of innocent neighbors. Abate all nuisances on the Nuisance Property. (H&S, § 17920.3(c); YMC, § 9.47.020(e), (i), (l).)
38. Abandoned & Boarded-Up Structure. The Nuisance Property is abandoned, and portions of the structure are boarded up. The Nuisance Property’s dire appearance is interfering with the neighboring community’s reasonable enjoyment of life or property and constitutes as a public nuisance. Repair and maintain the Nuisance Property to meet building code standards. Obtain all necessary permits to do so. (H&S, § 17920.3(c); CBC, § 116.1; CFC, §§ 304.1, 311.3; ADB, § 302(9), (12), (18); YMC, §§ 9.47.020(j), (n)(7)– (8), 11.01.030(f), (i), 11.01.080.)
39. Unsecured Structure. The garage of the building was observed open and full of junk, debris, trash, and waste. This leaves the building unsecure from intrusion by persons, animals, or the elements. (H&S, § 17920.3(c); ADB, § 302(9), (12); YMC, §§ 9.47.020(j), (n)(8), 11.01.030(f), 11.01.080.)
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40. Offensive Odors. The Nuisance Property omits offensive odors, especially due to the excessive accumulation of junk, debris, waste, and garbage. Remove all junk, debris, waste, and garbage. (H&S, § 17920.3(c); YMC, § 9.47.020(h)(6), (i), (l).)
41. Chipping & Cracking Paint. The paint on the building is in such a condition as to permit decay, peeling, warping, and dry rot as to render the building unsightly and in a state of disrepair. Repaint the building on the Nuisance Property so it is free from chips and cracks. (H&S, § 17920.3(c); YMC, §§ 9.47.020(g)(5), (l), 11.01.030(b), 11.01.080.)
42. Improperly Maintained Structures. The structures on the nuisance property have been improperly maintained and contain damaged and unpainted sections. These damaged and unpainted sections lead to dry rot, warping, and termite infestation. In addition, the fence bounding the Nuisance Property is damaged and dilapidated. Repair all damaged portions of the structures and properly paint and seal all unfinished portions. (H&S, § 17920.3(c); UHC, §§ 1001.1, 1001.2(1), (3), (5)–(6), (10), (13)–(15); YMC, §§ 9.47.020(g)(1)–(4), (l), (n)(1)–(2), (n)(5)–(6), 11.01.030(b), 11.01.080.)
Pursuant to the YMC, conditions on the Nuisance Property are dangerously substandard and constitute a public nuisance. Therefore, pursuant to YMC section 9.47.030, you are hereby ordered to abate all code violations on the Nuisance Property, including, but not limited to, all unlawful conditions identified above. Work to abate these unlawful conditions must begin within 10 days of the date of this N&O, inclusive of any necessary permit applications (“Compliance Initiation Deadline”). Abatement of some of the unlawful conditions identified above may require you to obtain air quality, building, demolition, and other permits (“Necessary Permits”). You are obligated to apply for and obtain all Necessary Permits. Failure to apply for all Necessary Permits prior to the Compliance Initiation Deadline is a violation of this N&O.
All abatement work must be completed within 30 days of the date of this N&O (“Compliance Completion Deadline”) or you will be subject to further legal action. Upon completion of all abatement work, you are obligated to inform the undersigned and permit an inspection of the premises to ensure that the nuisance has, in fact, been abated. As mentioned above, you may be required to obtain Necessary Permits. You are obligated to obtain all Necessary Permits in time to complete the rehabilitation of the Nuisance Property by the Compliance Completion Deadline. Failure to do so is a violation of this N&O.
The legal consequences for failure to initiate abatement by the Compliance Initiation Deadline and for failure to fully rectify the unlawful conditions identified above by the Compliance Completion Deadline may include administrative fines and civil remedies, such as injunctions and penalties. Additionally, should you fail to initiate abatement by the Compliance Initiation Deadline, or should you fail to fully rectify the unlawful conditions identified above by the Compliance Completion Deadline, the City will seek approval to cure all unlawful conditions on the Nuisance Property under the police powers of the City. This may include an application for the appointment of a court receiver over the Nuisance Property. Furthermore, pursuant to the YMC, you will be held liable for all costs, expenses, and fees associated with this nuisance abatement action—this includes all inspection costs, investigation costs, enforcement costs, abatement costs, demolition costs, court costs, litigation expenses, attorney fees, and administrative expenses incurred by the City in inspecting, identifying, investigating, enforcing, prosecuting, litigating, abating, repairing, and demolishing all unlawful conditions on the Nuisance Yreka City Council Agenda
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NOTICE & ORDER TO ABATE
Property. The City will seek to recover all such costs, expenses, fines, and fees and may do so through any available legal methods, including special assessment against the Nuisance Property.
Should you fail to comply with this N&O, the planning commission will hold a public hearing to determine if the unlawful conditions on the Nuisance Property should be abated under the police powers of the City, including whether a receiver should be appointed for the Nuisance Property. In the event that a public hearing is held, you will be provided with at least 10 days advance notice of your opportunity to be heard.
Pursuant to H&S section 17980.6(c), you are hereby notified that you cannot retaliate against lessees of the Nuisance Property pursuant to California Civil Code section 1942.5.
If you have any questigis regarding this N&O, please contact the undersigned. es Mc ntyre Wil ow Martindale
uilding Offici Code Enforcement Officer
CITY OF YREKA CITY OF YREKA
623-866-8606 530-841-2350
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– EXHIBIT C –
3-DAY NOTICE PROOFS OF SERVICE
SERVIAMBY
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EXHIBIT C
3-DAY NOTICE
PROOFS OF SERVICE
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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 I was not a party to this action. My business address is Suite 100, 3 Corporate Park, Irvine, California 92606. On the date specified below, I served the following document (“Document”):
1. Notice of Intent to File Nuisance Abatement & Receivership Complaint (1409 Nugget Way).
The Document was served on the following persons or entities (“Entities”):
Linda V. Reynolds or Estate
AKA Linda V. Super
1409 Nugget Way
Yreka, California 96097
Title Insurance & Trust Co.
as Trustee of the Deed of Trust
P.O. Box 1240
Redding, California 96099
United States Department of Agriculture
Rural Housing Service
c/o Centralized Servicing Center, USDA
P.O. Box 66889
St. Louis, MO 63166
USDA Rural Development
215 Executive Court, Suite B
Yreka, CA 96097
The Document was delivered by:
☒ United States Mail. I served the Document by enclosing a true copy in a sealed envelope addressed to the Entities at the addresses identified above and depositing the envelope in the United States mail with the postage fully prepaid 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: ____________________ ______________________________ Katlyn Rautio
March 14, 2024
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– EXHIBIT D –
GARAGE PHOTOS
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CURRENT OWNER GRANT DEED
SERVIAM BY
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EXHIBIT 2
CURRENT OWNER GRANT DEED
[SUPPLEMENTING EXHIBT A TO THE ORIGINAL COMPLAINT]
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CITY’S NOTICE OF PENDENCY OF ACTION (LIS PENDENS)
SERVIAM BY
WRIGHT LLP
CITY PROSECUTORS
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EXHIBIT 3
CITY’S NOTICE OF PENDENCY OF ACTION (LIS PENDENS)
RECORDED JUNE 5, 2024
[ADDED AS EXHIBT E TO THE ORIGINAL COMPLAINT]
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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: John Elsnab, Interim City Manager
AGENDA TITLE: Introduction of and First Reading of an Ordinance Amending Chapters 2.28 and 9.48 Concerning the Fire Department, and Approving a Resolution of the City Council Repealing
Resolution 3005 Regarding the Fire Department Constitution and Bylaws
MEETING DATE: July 15, 2025
Recommendation:
After Discussion, entertain a motion to:
(1) Waive full reading of ordinance and introduce for first reading an Ordinance of the City Council of the City of Yreka Amending Chapters 2.28 – Fire Department, and Chapter 9.48 “Miscellaneous Offenses”;
(2) Adopt a Resolution by the City Council of the City of Yreka Repealing City Council Resolution 3005 – Yreka Volunteer Fire Department’s Constitution and Bylaws;
(3) Finding action exempt from CEQA; and
(4) Directing staff to take all actions required for adoption of proposed ordinance and resolution.
Background:
The Yreka Volunteer Fire Department has historically been a volunteer department since its inception. Due to growth of the city and changes in the availability of volunteers, the department is moving towards increased full-time staffing. This has been made possible due to funding from Measure H, adding a full-time fire chief, and Measure V, which recently passed in November of 2025. With the additional funding, the city can begin the Yreka City Council Agenda
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process of building a new fire hall, as well as adding additional paid staffing to support the community emergency response needs.
The transition from a primarily volunteer force to an increased number of full-time employees warrants amending the Chapter 2.28 “Fire Department” of the Yreka Municipal Code. The updates to Chapter 2.28 will also require updates to Title 9. Staff recommends amending Chapter 2.28 and moving certain existing sections concerning the throwing of ashes in the street, camping and building fires to Chapter 9.48 Miscellaneous Offenses.
Prior to having a full-time paid fire chief, the department operated solely with volunteers including volunteer chief, assistant chief, department officers, and firefighters. The constitution and bylaws for the department provided direction for various department rules such as appointing officers, duties of officers, chain of command, hosting elections, as well as the conduct of its members. These rules were last modified by way of Resolution 3005 and are significantly outdated for legal and practical use for the City.
The city’s would replace these rules. In the event any supplemental rules and policies are necessary, the City Manager as the chief personnel officer, upon recommendation by the Fire Chief would adopt any additional procedures.
The last major update to the firefighter constitution and bylaws occurred in December 2012, which was prior to having a paid fire chief. There has also not been an executive committee for the department since the introduction of a paid chief, which is no longer needed since the fire chief has overall responsibility for the department and has assumed the role of making management decisions for the department. Certain provisions regarding organization and structure have not been amended since 1910 despite the law concerning personnel issues changing significantly since that time. Furthermore, the City has implemented and revised the Personnel Policies and Procedures Manual by Resolution 2023-44 which was intended to be the governing policy for defining volunteers. The outdated volunteer constitution conflicts with the current personnel rules and needs to be removed in preparation for paid fire staffing. The volunteer constitution and bylaws will be replaced with a Fire Department Policy Manual for specific department procedures similar to the Yreka Police Department, adopted by the City Manager as chief personnel officer.
The various prohibitions on individual actions related to fire and fire equipment are better located in Chapter 9.48 or are now part of the California Vehicle Code.
Fiscal Impact:
No direct fiscal impact by amending the City’s Municipal Code or repealing City Council Resolution 3005 – Yreka Volunteer Fire Department’s Constitution and Bylaws.
Environmental Analysis:
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The adoption of this resolution and ordinance does not meet the definition of a project for the purposes of the California Environmental Quality Act, under Public Resources Code Section 21065 and CEQA Guidelines Section 15378(b)(5), because it is an administrative governmental activity which will not cause a direct or indirect physical change in the environment. The City Council’s clean up of codes associated with a reorganized fire department is not a project under the CEQA Guidelines and do not involve commitment to any specific project which may result in a potentially significant environmental impact.
Thus, no environmental analysis is required at this time.
Recommended Action:
Staff recommends council waive full reading of the ordinance and introduce the proposed ordinance (Attachment 1) amending Chapters 2.28 – Fire Department and adding Chapter
9.48.180 and 9.48.190 to Chapter 9.48 “Miscellaneous Offenses”. Section 2.28.170 “ “Throwing hot ashes in streets - Camping – Building fires” will be moved to 9.48.170. A penalty provision as a misdemeanor and monetary fine will be specified in section
9.48.180. The ordinance would be passed at a subsequent regular City Council Meeting after second reading. The ordinance will become effective 30 days thereafter.
Staff further recommends the Council adopt the proposed resolution repealing City Council Resolution 3005 – Yreka Volunteer Fire Department’s Constitution and Bylaws.
Attachments:
1. [Proposed] Ordinance Amending Chapters 2.28 – Fire Department and 9.48 Miscellaneous Offenses
2. [Proposed] Resolution No. 2025-28 A Resolution of the City Council of the City of Yreka Repealing City Council Resolution 3005 – Yreka Volunteer Fire Department’s Constitution and Bylaws
3. Resolution 3005 – Yreka Volunteer Fire Department Constitution and Bylaws Yreka City Council Agenda
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1 2 ORDINANCE NO. ___
3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
5 OF YREKA, CALIFORNIA AMENDING CHAPTER 2.28
6 OF THE YREKA MUNICIPAL CODE ENTITLED “FIRE
7 DEPARTMENT” AND CHAPTER 9.48 “MISCELLANEOUS
8 OFFENCES” AND FINDING THE ORDINANCE EXEMPT
9 FROM CEQA
10 THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY ORDAIN AS 11 FOLLOWS:
12 Section 1. Chapter 2.28 “Fire Department” of the Yreka Municipal Code is hereby 13 amended with the following additions and deletions to read as follows (additions in 14 underline, deletions in strikethrough):
15 16 Chapter 2.28 FIRE DEPARTMENT
17 2.28.010 Created.
18 The fire department in and for the city is established. It shall be known as the "Yreka 19 Volunteer Fire Department." The primary mission of the fire department is to provide a 20 range of programs designed to protect the lives and property of the inhabitants of the city 21 from the adverse effects of fire, sudden medical emergencies or exposure to dangerous 22 conditions created by either man or nature. It shall consist of both regular employees and 23 volunteers.
24 2.28.020 Membership.
25 The fire department shall consist of the number of members determined necessary 26 by the fire chief for carrying out the duties of fire department. one chief engineer, a first 27 assistant engineer, a second assistant engineer and one secretary-treasurer, and forty-six 28 able-bodied persons of the city.
29 30 2.28.030 Fire chief to supervise department Internal government. 31 The office of the fire chief is created. The fire chief, under the supervision and direction 32 of the city manager, shall have supervision, direction and control of the department of 33 fire department. The fire chief is charged with the responsibility of establishing goals for 34 each program to provide an element of service that contributes toward a safe working 35 and living environment in the most cost effective and efficient manner possible. The fire 36 department shall be self-governing in internal affairs and is authorized and empowered Yreka City Council Agenda
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37 to adopt a constitution and by-laws for its own internal government, subject to approval 38 by the city council.
39 40
41 2.28.040 Duties of fire chief Election of Officers
42 The chief engineer, first assistant chief engineer and secretary-treasurer shall be elected 43 by the members of the department and their names submitted to the council, and, if 44 satisfactory to the council, such elected officers shall be appointed to hold office for and 45 during the pleasure of the council.
46 A. The fire department shall be administered by the fire chief as same may be, from 47 time to time, directed by the city manager. The fire chief shall be the chief fire 48 official of the City of Yreka.
49 B. The fire chief shall, personally and through the direction and use of the human, 50 tangible and intangible resources of the city assigned to the fire department, protect 51 the city, and its citizens, residents and inhabitants, and its property and 52 improvements, and, to the extent of their capability, provide such fire prevention and 53 suppression services and emergency medical services needed to provide protection 54 to life and property.
55 C. The fire chief, or designee, shall have full power to control, and full command over, 56 all persons at and as to fires occurring within the corporate limits of the city, and 57 shall station the engines and apparatus and see that all persons belonging to the fire 58 department do the duties prescribed to them.
59 D. The fire chief, or designee, shall at all times have complete control and supervision 60 over all fire extinguishing apparatus belonging to the city and shall have complete 61 control and supervision over all buildings or rooms used for fire department 62 purposes.
63 E. The fire department of the city shall, under the direction of the fire department 64 officer in charge, cut down or remove any building, erection or fence for the purpose 65 of checking the progress of a fire.
66 F. In the absence of the fire chief from any fire occurring within the corporate limits of 67 the city, the officer of the fire department designated by the fire chief present at 68 the scene of the fire or other emergency to which the fire department resources 69 are dispatched shall be in charge as to the assigned emergency, and shall have 70 the same powers and perform the same duties as the fire chief. 71 2.28.050 Provision for other officers.
72 Other officers may be provided for by the constitution and by-laws of the department and 73 shall be elected by the members of the department and hold office during the term 74 provided for in the constitution and by-laws.
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75 2.28.060 Appointment of members.
76 The members of the department shall be appointed by the city council. Such members, 77 after receiving their appointment shall take the oath of office as provided for in the 78 constitution and bylaws of the department.
79 2.28.070 Assignment of duties—Payment for services.
80 The chief engineer shall assign to each member of the department his special duty at the 81 time of fire. When an alarm of fire is sounded, it shall be the duty of each and every 82 member of the department to respond immediately and proceed to the fire station, or the 83 place of fire, without delay. Members of the department who are present at any fire or 84 who respond to any alarm of fire shall report to the chief engineer or other officer in 85 charge and each such member shall be entitled to payment for services for each such 86 attendance upon an actual fire. In the case of false alarm of fire, or where the fire is 87 extinguished before the arrival of the fire department thereat, each member shall be 88 entitled to receive payment for services for his attendance. Each member shall be entitled 89 to payment for actual attendance at each regularly called monthly meeting of the fire 90 department. Such compensation for the services described herein shall be at the rate fixed 91 from time to time pursuant to resolution of the city council and shall be paid quarterly. A 92 payroll report, attested by the secretary-treasurer that the services have been performed 93 by the members of the department, shall be submitted to Finance for processing in the 94 months of December, March, June and September succeeding the dates of service. 95 2.28.080 Duties of fire companies.
96 It shall be the duty of each and every fire company, in going to or returning from a fire, 97 or in removing their apparatus from their usual place of deposit, to obey the orders of the 98 chief engineer, or assistant engineer, and in case any foreman or assistant foreman, or any 99 other fireman refuses or neglects to obey any orders or directions given by the chief 100 engineer, or assistant engineer he shall, for such offense, on complaint of the chief or 101 assistant engineer to the city council on conviction be, at their option, reprimanded, 102 suspended or expelled from the fire department.
103 2.28.090 Apparatus of companies to be kept in good condition. 104 Each and every company shall keep, or cause to be kept, its apparatus in good order and 105 condition and ready for immediate service, and the foreman of the different companies 106 shall report to the chief engineer, or person acting as such, any disability or deficiency of 107 the apparatus under his command, within twenty-four hours after such disability or 108 deficiency shall occur, or they become cognizant thereof. 109
110 2.28.050100 Powers of firefighters officers at fires. 111 Every member officer of the fire department, during the time of any fire 112 conflagration shall have the powers of arrest afforded pursuant to Penal Code section 113 836.5. a policeman; they may prevent persons other than firemen (except it be the Yreka City Council Agenda
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114 owners of goods or tenements, or those particularly interested in the removal of the 115 goods, or protection of tenements or persons assisting them) They may prevent persons 116 other than firefighters from coming into such portion of the city as may interfere with 117 the firemen in the extinguishment of fires and their official duties. 118
119 2.28.110 Liabilities of citizens.
120 It is unlawful for any person during a conflagration (physicians engaged in the 121 discharge of professional duties, or those disabled by sickness or physical disability 122 excepted) who is called upon by the mayor, chief of police, chief engineer or assistant 123 engineer, to aid in the extinguishment of a fire, or in the removal of goods endangered 124 by fire, to fail or refuse to afford such assistance and any of the above officers named 125 may arrest the person so refusing. Any person found guilty of violating any of the 126 provisions of this section shall, upon conviction thereof, be punishable by a fine of not 127 more than five hundred dollars or by imprisonment for a period of not more than six 128 months, or by both such fine and imprisonment.
129
130 2.28.120 Driving over fire hose prohibited.
131 It is unlawful for any person to drive any dray, cart, hack, wagon, or other vehicle, 132 whether loaded or otherwise, across any fire hose. Any person found guilty of violating 133 any of the provisions of this section shall, upon conviction thereof, be punishable by a 134 fine of not more than five hundred dollars or by imprisonment for a period of not more 135 than six months, or by both such fine and imprisonment. 136
137 2.28.130 Duties of secretary of fire department.
138 The secretary of the fire department shall keep a book containing the names of all 139 the members of the fire department, under the head of the name of the company, to 140 which they may belong, which shall be styled the "Register of the Fire Department"; and 141 such other duties as described in the constitution and bylaws of the department. 142
143 2.28.140 Fire department certificates.
144 The secretary of the fire department shall issue fire department certificates, which 145 certificates shall be signed by the chief engineer, attested by the secretary of the 146 department.
147
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148 2.28.150 Fire alarm bell.
149 It is unlawful for any person to ring, or cause to be rung the fire alarm bell, at any 150 time other than in case of fire, or an alarm of fire, (except on public gala days and parade 151 days of the department) or in any other manner to create a false alarm of fire. Any 152 person found guilty of violating any of the provisions of this section shall, upon 153 conviction thereof, be punishable by a fine of not more than five hundred dollars or by 154 imprisonment for a period of not more than six months, or by both such fine and 155 imprisonment.
156
157 2.28.160 Parades of the fire department.
158 The city council may order a parade of the fire department at any time, for 159 inspection and review, and may appropriate any money for the same. 160
161 2.28.170 Throwing hot ashes in streets—Camping—Building fires. 162 (a) No person shall throw any hot ashes into any yard, street, alley, or square, 163 nor shall any person keep hot ashes in any wooden box or receptacle. 164 (b) No person shall build any open fire in any street, alley, or square without 165 having first obtained the consent of the chief of police therefor. 166 (c) If any person builds open fires in his own yard, it shall be the duty of such 167 person to carefully and continually watch and guard the same until it is completely 168 extinguished, and such person shall be held strictly accountable for any damage which 169 shall be caused by any fires set out by him or her. 170 (d) No person shall camp or build camp fires in any street, alley, court, square 171 or public place, or in any unenclosed lot.
172 (e) No person shall camp or build camp fires upon the premises of another, 173 without having obtained the permission of the owner or person having control of such 174 premises, and such owner or person having charge of such premises shall be held liable 175 for any damages caused by any fire allowed on his or her premises. 176 (f) Any person who causes any damage to another by any fire set by him or 177 her, as provided, is guilty of a misdemeanor.
178 (g) Any violation of the above provisions is a misdemeanor, and upon 179 conviction, the person shall be punished by a fine of not more than five hundred dollars 180 or by imprisonment for not more than six months, or by both such fine and 181 imprisonment.
182
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183 2.28.180 Fire department advisory board.
184 The city council is authorized to employ such persons as it deems necessary to act 185 in the capacity of an advisory board to the board of directors and chief engineer of the 186 Yreka volunteer fire department. Such persons shall have had at least twenty years' prior 187 experience with the Yreka volunteer fire department and attained the age of sixty years. 188 No person shall be a member of the advisory board after such person shall have served 189 ten years on such board. Nothing herein shall prevent a member of the Yreka volunteer 190 fire department from acting in the capacity of a member of the fire department advisory 191 board, but in no event shall a member of the fire department advisory board, not a 192 regular member of the Yreka volunteer fire department, participate in any activities of 193 the Yreka volunteer fire department other than in an advisory capacity. 194 Members of the board shall be subject to call at any time by the board of directors 195 or chief engineer of the volunteer fire department for consultation relating to all matters 196 pertaining to the operations of the volunteer fire department. The members of the fire 197 department advisory board shall be paid such compensation as determined by the 198 council.
199 2.28.060200 Agreements to burn private structures.
200 Upon the recommendation of the fire chief chief engineer of the Yreka fire department 201 fire chief and execution of an agreement by the city manager in a form approved by the 202 city attorney, the fire department is authorized to burn private structures on the terms set 203 forth in the agreement and for the purpose of providing training to department members. 204 The agreement shall be executed by the owner(s) of the property and any lien holder 205 upon the structure.
206
207 Section 2. Section 2.28.170 “Throwing hot ashes in the streets – Camping – Building Fires” 208 is deleted from Chapter 2.28 and such text is relocated without amendment to Title 9 209 “Public Peace, Safety, and Morals” at Chapter 9.48 “Miscellaneous Offenses”, as 210 9.48.050 to read as follows (additions in underline, deletions in strikethrough):
211 9.48.050 Reserved 2.28.170 -Throwing hot ashes in streets—Camping—Building 212 fires.
213 (a) No person shall throw any hot ashes into any yard, street, alley, or square, nor shall 214 any person keep hot ashes in any wooden box or receptacle. 215 (b) No person shall build any open fire in any street, alley, or square without having first 216 obtained the consent of the chief of police therefor. 217 (c) If any person builds open fires in his own yard, it shall be the duty of such person to 218 carefully and continually watch and guard the same until it is completely 219 extinguished, and such person shall be held strictly accountable for any damage 220 which shall be caused by any fires set out by him or her.
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221 (d) No person shall camp or build camp fires in any street, alley, court, square or public 222 place, or in any unenclosed lot.
223 (e) No person shall camp or build camp fires upon the premises of another, without 224 having obtained the permission of the owner or person having control of such 225 premises, and such owner or person having charge of such premises shall be held 226 liable for any damages caused by any fire allowed on his or her premises. 227 (f) Any person who causes any damage to another by any fire set by him or her, as 228 provided, is guilty of a misdemeanor.
229 (g) Any violation of the above provisions is a misdemeanor, and upon conviction, the 230 person shall be punished by a fine of not more than five hundred dollars or by 231 imprisonment for not more than six months, or by both such fine and imprisonment. 232 Section 3. CEQA Exemption. The City Council hereby finds and determines that the 233 action taken in this Ordinance does not commit the City to any action that may have a 234 significant effect on the environment. Accordingly, under the provisions of § 235 15061(b)(3) and § 15378(b)(5) of Division 6 of Title 14 of the California Code of 236 Regulations, the CEQA Guidelines, the adoption of this ordinance is not subject to the 237 requirements of the California Environmental Quality Act. The City Council directs City 238 staff to file a Notice of Exemption within five (5) days following adoption of this 239 Ordinance with the Siskiyou County Clerk.
240 Section 4. Severability. If any section, subsection, part, clause, sentence or phrase of this 241 ordinance or the application thereof is for any reason held to be invalid or 242 unconstitutional by a decision of any court of competent jurisdiction, the validity of the 243 remaining portions of this Ordinance, the application thereof, shall not be effected 244 thereby but shall remain in full force and effect, it being the intention of the City Council 245 to adopt each and every section, subsection, part, clause, sentence phrase regardless of 246 whether any other section, subsection, part, clause, sentence or phrase or the application 247 thereof is held to be invalid or unconstitutional.
248 Section 5. Effective Date. This Ordinance shall take effect thirty days after its passage 249 and adoption pursuant to California Government Code Section 36937 and shall supersede 250 any conflicting provision of any City of Yreka ordinance. 251 Section 6. Implementation. The City Council hereby authorizes and directs the City 252 Manager to take any action and sign any documents necessary to implement this Ordinance. 253 Section 7. Certification. The City Clerk shall certify to the passage and adoption of this 254 ordinance and shall cause the same to be published or posted according to law.
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255 Section 8. Inconsistencies. Any provisions of the Yreka Municipal Code, or appendices 256 thereto, or any other ordinances of the City inconsistent herewith, to the extent of such 257 inconsistencies and no further, are hereby repealed. 258 Section 9. Codification. The City Clerk is directed and authorized to instruct the 259 publisher of the City of Yreka Municipal Code that codification of this Ordinance is limited 260 to Sections 1 and 2.
261 Section 10. Execution. The Mayor and City Clerk are authorized to subscribe this ordinance 262 where indicated below to evidence its approval.
263 Introduced at a regular meeting of the City Council held on _______________, 2025 264 passed, approved by at least a majority and adopted at a regular meeting of the City Council 265 of the City of Yreka held on _______________, 2025 by the following vote:
266
267 AYES:
268 NOES:
269 ABSTAIN:
270 ABSENT:
271
272 Coleen Baker, Mayor
273 Approved as to Form: Attest:
274
275 Andrew Jared, City Attorney Cynthia Prohaska, City Clerk Yreka City Council Agenda
July 15, 2025
RESOLUTION NO. 2025-28
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA
REPEALING CITY COUNCIL RESOLUTION 3005 – YREKA FIRE
DEPARTMENT VOLUNTEER CONSTITUTION AND BYLAWS
WHEREAS, the City of Yreka desires to repeal City Council Resolution 3005 – Yreka Fire Department Volunteer Constitution and Bylaws in its entirety; WHEREAS, the City of Yreka is no longer in need of a volunteer Executive Committee to assist the Fire Chief with management duties to operate the Fire Department; WHEREAS, the City Council of the City of Yreka has the overall authority to amend, approve, and repeal changes to Yreka City Council Resolutions and the Yreka Fire Department Constitution and Bylaws;
WHEREAS, the City’s Personnel Policies and Procedure Manual defines the status, rights, and duties of all City of Yreka employees and volunteers, including paid and volunteer firefighters.
NOW, THEREFORE, the City Council of the City of Yreka does hereby resolve, determine, and order as follows:
Section 1. The City Council of the City of Yreka does hereby repeal City Council Resolution 3005 – Yreka Volunteer Firefighter Constitution and Bylaws and all prior versions of the Yreka Volunteer Firefighter Constitution and Bylaws. The City Manager or designee is hereby further authorized to execute such other agreements, and documents, and to perform such other acts and deeds, as may be necessary or convenient to achieve the purposes of this Resolution and the transactions herein authorized, and the City Clerk or such Clerk’s designee is hereby authorized and directed to affix the City’s seal to said documents and to attest thereto.
Section 2. The City Personnel Policies and Procedure Manual shall serve as the personnel rules for the Fire Department. In the event that additional policies and procedures are necessary, the City Manager, upon recommendation by the Fire Chief, is authorized to adopt personnel policies and procedures rules for employees and volunteers, including paid and volunteer firefighters, of the Yreka Fire Department.
Section 3. It is further resolved, if any section, subsection, part, clause, sentence or phrase of this Resolution or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Resolution, the application thereof, shall not be affected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.
Section 4. This resolution shall take effect immediately upon its passage.
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Passed and adopted this 15th day of July 2025, by the following vote.
AYES:
NAYS:
ABSENT:
_____________________
Colleen Baker
Mayor
Attest:________________
Cyndy Prohaska, City Clerk
Yreka City Council Agenda
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Attachment 3
Yreka City Council Agenda
July 15, 2025
CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: John Elsnab, Interim City Manager
AGENDA TITLE: Introduction and First Reading and Consideration of an Ordinance Amending Yreka Municipal Code Chapter 2.54
“City Property – Trespassing”; Consideration of Urgency Ordinance Amending Yreka Municipal Code Chapter 2.54
“City Property – Trespassing”; Determination Ordinance Not Subject California Environmental Quality Act Pursuant To CEQA Guidelines Sections 15061(b)(3) and 15378
MEETING DATE: July 15, 2025
Recommendation:
After Discussion, entertain a motion to:
(1) Waive full reading and introduce for first reading an Ordinance of the City Council of the City of Yreka Amending Yreka Municipal Code Section 2.54.010 “City Property – Trespassing” (Attachment 1);
(2) (1) Waive full reading and adopt an Urgency Ordinance of the City Council of the City of Yreka Amending Yreka Municipal Code Section 2.54.010 “City Property – Trespassing” (Attachment 2);
(3) Finding such ordinances are exempt from CEQA pursuant to CEQA Guidelines sections 15061(b)(3) and 15378; and
(4) Directing staff to take all actions required for adoption of proposed ordinance and urgency ordinance.
Background:
In 1979, the City Council adopted a process to “withdraw” properties controlled or owned by the City from access by members of the public. (Yreka Municipal Code section
2.54.010.) That process requires that whenever staff identifies that an area under the control of the city -- such a public building or portion of a public lot requiring maintenance or remediation—would need to come before the City Council to adopt a resolution for withdrawal from public use. This 45-year old process does not allow for the speed with which contemporary municipal services requires to address modern threats to the public health, safety and welfare. Issues relating to fire dangers, threats to public services, Yreka City Council Agenda
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potential damage to public property, or perils inherent on public property increasingly warrant the City being able to take immediate action to protect the health, safety and welfare of the public, and the protection of the public property from damage or potential damage;
The risk of fire posed at certain properties owned or controlled by the City requires that when the Fire Chief identifies a potential fire threat, that the City be able to exclude persons from such area without formal action by the City Council. Similarly, in the event that the Director of Public Works identifies a threat to the public patronizing a community facility (e.g., vectors, algal bloom, downed trees), or a threat to public resources based on public use (e.g., over use, erosion, pollution activities), the need arises for immediate action to be taken by staff to restrict the use of public areas to address the threat. Such issues warrant staff be able to take immediate action to control use and access of City owned or controlled property through a variety of measures besides withdrawal of such places by council action.
This includes excluding public access, as well as restriction on type or duration of use, through exclusion of access and use orders by staff.
The City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health and welfare of the City and its residents. The City Council is vested with authority to control access to City owned or controlled property, and may delegate such power to staff.
Given the immediate threats posed by potential for wildfires, and other degradation to city property through over use, this proposed ordinance is presented as an urgency ordinance pursuant to Government Code Section 36934 and 36937 in order to take effect immediately. The risks of fire in particular, as well as theft, and delayed response to emergencies poses an immediate threat to the public health, safety, and welfare and that the duration to amend the city code poses an additional threat to the immediate preservation of the public health, safety and welfare, justifying that this ordinance be enacted as an urgency ordinance pursuant to Government Code Section 36934 and take effect immediately upon adoption.
Fiscal Impact:
No direct fiscal impact by amending the City’s Municipal Code.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (Public Resources Code Section 21000 et seq. herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), because it will not cause a direct or reasonably foreseeable Yreka City Council Agenda
July 15, 2025
indirect effect or change to the physical environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines.
Recommended Action:
Staff recommends council waive full reading of the ordinances presented, adopt as and urgency ordinance the proposed ordinance amending Chapter 2.54 to be effective immediately (Attachment 2), and also introduce same amendment to Chapter 2.54 as a regularly adopted ordinance, to be effective 30 days after adoption at second reading.
Attachments:
1. [Proposed] Urgency Ordinance Amending Chapter 2.54
2. [Proposed] Ordinance Amending Chapter 2.54
Yreka City Council Agenda
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1 2 ORDINANCE NO. ___
3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
5 OF YREKA, CALIFORNIA AMENDING CHAPTER 2.54
6 TO THE YREKA MUNICIPAL CODE ENTITLED “CITY
7 PROPERTY -- TRESPASSING” AND FINDING AND
8 DETERMINING THAT THIS ORDINANCE IS NOT
9 SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
10 QUALITY ACT PURSUANT TO CEQA GUIDELINES
11 SECTIONS 15061(b)(3) AND 15378
12 WHEREAS, pursuant to the City’s police power, as granted broadly under 13 Article XI, Section 7 of the California Constitution, the City Council has the 14 authority to enact and enforce ordinances and regulations for the public peace, 15 health and welfare of the City and its residents; and 16 WHEREAS, the City Council is vested with authority to control access to 17 City owned or controlled property;
18 WHEREAS, in 1979, the City Council created a process under Yreka 19 Municipal Code chapter 2.54 for withdrawing properties controlled or owned 20 by the City from access by members of the public;
21 WHEREAS, Yreka Municipal Code section 2.54.010 requires that the City 22 Council withdraw city-owned or controlled property from public access by 23 resolution;
24 WHEREAS, circumstances arise from time to time requiring immediate 25 action by police, fire, and public works personnel for causing city owned 26 property to be restricted or closed from access by members of the public, 27 though not necessarily withdrawn entirely from public use; 28 WHEREAS, issues relating to fire dangers, threats to public services, 29 potential damage to public property, or perils inherent on public property 30 warrant the City being able to take immediate action to protect the health, 31 safety and welfare of the public, and the protection of the public property 32 from damage or potential damage;
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33 WHEREAS, such issues warrant immediate action by City staff to control 34 use and access of City owned or controlled property through a variety of 35 measures besides withdrawal of such places from all public access, from 36 restriction on type or duration of use, through exclusion of access and use; 37 WHEREAS, the City desires to exercise its local power and authority to 38 further regulate use and access to areas under the control of the City; 39 WHEREAS, the City Council finds and determines that the risks of fire, 40 theft, and delayed response to emergencies poses an immediate threat to the 41 public health, safety, and welfare and that the duration to amend the city code 42 poses an additional threat to the immediate preservation of the public health, 43 safety and welfare, requiring that this Ordinance be enacted pursuant to 44 Government Code Section 36934 and take effect thirty (30) days after 45 adoption;
46 WHEREAS, based on the findings, above which are hereby incorporated into 47 the record, the City Council has determined that there exists a threat to public 48 health, safety and welfare if the City does not amend Chapter 2.54 to allow 49 the city manager, chief of police, fire chief and public works director to 50 appropriately mange public areas to address threats to the public health, safety 51 and welfare;
52 WHEREAS, pursuant to the California Environmental Quality Act (Public 53 Resources Code Section 21000 et seq. herein referred to as “CEQA”) and the 54 State of California Guidelines for Implementation of the California 55 Environmental Quality Act (commencing with Section 15000 of Title 14 of 56 the California Code of Regulations; herein referred to as the "State CEQA 57 Guidelines"), the City is the "lead agency" for the preparation and 58 consideration of environmental documents for this ordinance; and 59 WHEREAS, the City Council finds and determines that this ordinance is not 60 subject to CEQA pursuant to Section 15061(b)(3) of the State CEQA 61 Guidelines because it will not cause a direct or reasonably foreseeable indirect 62 effect or change to the physical environment and it is not a "project", as 63 defined in Section 15378 of the CEQA Guidelines.
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64 THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY
65 ORDAIN AS FOLLOWS:
66 Section 1: Recitals. The recitals set forth above are true and correct and 67 incorporated herein by this reference.
68 Section 2. Yreka Municipal Code Chapter 2.54 “City property – Trespassing” 69 is hereby amended with the following additions and deletions to read as 70 follows (additions in underline, deletions in strikethrough):
71 72 2.54 - CITY PROPERTY—TRESPASSING
73 2.54.010 - City property—Trespassing.
74 A. All properties controlled or owned by the city of Yreka, hereinafter as may be 75 designated by the city council by resolution pursuant to this section, are 76 withdrawn from personal access or use by members of the public, and no person 77 shall enter thereon without the express permission of the city, its officers, agents 78 or employees. As to any such area withdrawn from public use or access, the 79 public works director is hereby authorized and directed to post notice of the 80 withdrawal of said property from access or use by members of the public and that 81 any such access or use by any person or persons without authorization from the 82 city of Yreka, its officers, agents or employees, is deemed to be a trespasser and 83 subject to arrest therefor.
84 B. The city manager is authorized to identify those areas within all properties 85 controlled or owned by the city of Yreka to withdraw from personal access or use 86 by members of the public for the protection and safety of the general health, 87 safety and welfare of the public or said property, and to take such action 88 reasonably required to secure or restrict the use of such area, whereby no person 89 shall enter thereon or use the area in violation of such restricted use without the 90 express permission of the city, its officers, agents or employees. As to any such 91 area withdrawn or otherwise restricted from use by members of the general public 92 or access, the public works director is hereby authorized and directed to cause to 93 be posted notice, as is reasonable under the circumstances, regarding said 94 restriction and that any such access or use by any persons without authorization Yreka City Council Agenda
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95 from the city of Yreka, its officers, agents or employees, is deemed to be a 96 trespasser and subject to arrest therefor.
97 C. The police chief, fire chief, or public works director is authorized to identify those 98 areas within all properties controlled or owned by the city of Yreka to withdraw 99 from personal access or use by members of the public due to an immediate need 100 for the protection and safety of the general health, safety and welfare of the public 101 or said property, and to take such action reasonably required to secure or restrict 102 the use of such area, whereby no person shall enter thereon or use the area in 103 violation of such restricted use without the express permission of the city, its 104 officers, agents or employees. As to any such area withdrawn or otherwise 105 restricted from use by members of the general public, city staff is hereby 106 authorized and directed to post notice, as is reasonable under the circumstances, 107 regarding said restriction and that any such access or use by any persons without 108 authorization from the city of Yreka, its officers, agents or employees, is deemed 109 to be a trespasser and subject to arrest therefor.
110 2.54.020 - Violation.
111 Every person who enters upon property or area restricted from use or withdrawn from 112 personal access or use by members of the general public pursuant to Section 2.54.010 113 without the express authorization of the city, its officers, agents or employees, is guilty of 114 a misdemeanor.
115 Section 3. CEQA Exemption. The City Council has considered all of the 116 evidence in the record, including the staff reports, the testimony received 117 during the meeting on the matter held by City Council, and hereby 118 determines that the adoption of this ordinance will not have a significant 119 effect on the environment. The City Council finds that this ordinance is not 120 subject to the California Environmental Quality Act (CEQA). This 121 ordinance is not a "project", as defined in Section 15378 of the State 122 CEQA Guidelines, and pursuant to Sections 15061(b)(3) of the State 123 CEQA Guidelines will not cause a direct or reasonably foreseeable indirect 124 effect or change to the physical environment. This ordinance is therefore 125 exempt from the California Environmental Quality Act. 126 Section 4. Severability. If any section, subsection, part, clause, sentence or 127 phrase of this ordinance or the application thereof is for any reason held to 128 be invalid or unconstitutional by a decision of any court of competent Yreka City Council Agenda
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129 jurisdiction, the validity of the remaining portions of this ordinance, the 130 application thereof, shall not be effected thereby but shall remain in full 131 force and effect, it being the intention of the City Council to adopt each 132 and every section, subsection, part, clause, sentence phrase regardless of 133 whether any other section, subsection, part, clause, sentence or phrase or 134 the application thereof is held to be invalid or unconstitutional. 135 Section 5. Effective Date. This Ordinance shall take effect thirty days after 136 its passage and adoption pursuant to California Government Code Section 137 36937 and shall supersede any conflicting provision of any City of Yreka 138 ordinance.
139 Section 6. Finding. The City Council finds its passage is required for the 140 immediate preservation of the public peace, health, and safety. 141 Specifically, the City Council finds each change made under this ordinance 142 is necessary to preserve the public peace, health, and safety for the 143 following reasons: threats to public places and property related to fire, 144 criminal activity, and degradation of resources and facilities; restoration of 145 facilities; protection of public facilities, employees, and residents; and to 146 address criminal behavior dangerous to the health, safety, and welfare of 147 the City’s residents and employees utilizing such facilities. 148 Section 7. Implementation. The City Council hereby authorizes and directs 149 the City Manager to take any action and sign any documents necessary to 150 implement this Ordinance.
151 Section 8. Certification. The City Clerk shall certify to the passage and 152 adoption of this ordinance and shall cause the same to be published or posted 153 according to law.
154 Section 9. Inconsistencies. Any provisions of the Yreka Municipal Code, or 155 appendices thereto, or any other ordinances of the City inconsistent herewith, 156 to the extent of such inconsistencies and no further, are hereby repealed. 157 Section 11. Codification. The City Clerk is directed and authorized to 158 instruct the publisher of the City of Yreka Municipal Code that codification of 159 this ordinance is limited to Section 2.
160 Section 12. Execution. The Mayor and City Clerk are authorized to subscribe 161 this ordinance where indicated below to evidence its approval. 162 Introduced at a regular meeting of the City Council held on July 15, 163 2025 and passed, approved and adopted by at least a majority and adopted at a Yreka City Council Agenda
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164 regular meeting of the City Council of the City of Yreka held on 165 _______________, 2025 by the following vote:
166
167 AYES:
168 NOES:
169 ABSTAIN:
170 ABSENT:
171
172 Colleen Baker , Mayor
173 Approved as to Form: Attest:
174
175 Andrew Jared, City Attorney Cynthia Prohaska, City Clerk 176
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1 2 ORDINANCE NO. ___
3 4 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
5 THE CITY OF YREKA, CALIFORNIA AMENDING
6 CHAPTER 2.54 TO THE YREKA MUNICIPAL CODE
7 ENTITLED “CITY PROPERTY -- TRESPASSING” AND
8 FINDING AND DETERMINING THAT THIS URGENCY
9 ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA
10 ENVIRONMENTAL QUALITY ACT PURSUANT TO
11 CEQA GUIDELINES SECTIONS 15061(b)(3) AND 15378
12 WHEREAS, pursuant to the City’s police power, as granted broadly under 13 Article XI, Section 7 of the California Constitution, the City Council has the 14 authority to enact and enforce ordinances and regulations for the public 15 peace, health and welfare of the City and its residents; and 16 WHEREAS, the City Council is vested with authority to control access to 17 City owned or controlled property;
18 WHEREAS, in 1979, the City Council created a process under Yreka 19 Municipal Code chapter 2.54 for withdrawing properties controlled or owned 20 by the City from access by members of the public;
21 WHEREAS, Yreka Municipal Code section 2.54.010 requires that the City 22 Council withdraw city-owned or controlled property from public access by 23 resolution;
24 WHEREAS, circumstances arise from time to time requiring immediate 25 action by police, fire, and public works personnel for causing city owned 26 property to be restricted or closed from access by members of the public, 27 though not necessarily withdrawn entirely from public use; 28 WHEREAS, issues relating to fire dangers, threats to public services, 29 potential damage to public property, or perils inherent on public property 30 warrant the City being able to take immediate action to protect the health, 31 safety and welfare of the public, and the protection of the public property 32 from damage or potential damage;
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33 WHEREAS, such issues warrant immediate action by City staff to control 34 use and access of City owned or controlled property through a variety of 35 measures besides withdrawal of such places from all public access, from 36 restriction on type or duration of use, through exclusion of access and use; 37 WHEREAS, the City desires to exercise its local power and authority to 38 further regulate use and access to areas under the control of the City; 39 WHEREAS, this Ordinance is an urgency ordinance pursuant to Government 40 Code Section 36934 and 36937;
41 WHEREAS, the City Council finds and determines that the risks of fire, 42 theft, and delayed response to emergencies poses an immediate threat to the 43 public health, safety, and welfare and that the duration to amend the city code 44 poses an additional threat to the immediate preservation of the public health, 45 safety and welfare, requiring that this Ordinance be enacted as an urgency 46 ordinance pursuant to Government Code Section 36934 and take effect 47 immediately upon adoption, and therefore this Ordinance is necessary for the 48 immediate preservation of the public peace, health, safety and welfare and its 49 urgency is hereby declared;
50 WHEREAS, based on the findings, above which are hereby incorporated 51 into the record, the City Council has determined that there exists a threat to 52 public health, safety and welfare if the City does not amend Chapter 2.54 to 53 allow the city manager, chief of police, fire chief and public works director to 54 appropriately mange public areas to address threats to the public health, 55 safety and welfare;
56 WHEREAS, pursuant to the California Environmental Quality Act (Public 57 Resources Code Section 21000 et seq. herein referred to as “CEQA”) and the 58 State of California Guidelines for Implementation of the California 59 Environmental Quality Act (commencing with Section 15000 of Title 14 of 60 the California Code of Regulations; herein referred to as the "State CEQA 61 Guidelines"), the City is the "lead agency" for the preparation and 62 consideration of environmental documents for this ordinance; and 63 WHEREAS, the City Council finds and determines that this Urgency 64 Ordinance is not subject to CEQA pursuant to Section 15061(b)(3) of the Yreka City Council Agenda
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65 State CEQA Guidelines because it will not cause a direct or reasonably 66 foreseeable indirect effect or change to the physical environment and it is not 67 a "project", as defined in Section 15378 of the CEQA Guidelines. 68 THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY
69 ORDAIN AS FOLLOWS:
70 Section 1: Recitals. The recitals set forth above are true and correct and 71 incorporated herein by this reference.
72 Section 2. Yreka Municipal Code Chapter 2.54 “City property – Trespassing” 73 is hereby amended with the following additions and deletions to read as 74 follows (additions in underline, deletions in strikethrough):
75 76 2.54 - CITY PROPERTY—TRESPASSING
77 2.54.010 - City property—Trespassing.
78 A. All properties controlled or owned by the city of Yreka, hereinafter as may be 79 designated by the city council by resolution pursuant to this section, are 80 withdrawn from personal access or use by members of the public, and no person 81 shall enter thereon without the express permission of the city, its officers, agents 82 or employees. As to any such area withdrawn from public use or access, the 83 public works director is hereby authorized and directed to post notice of the 84 withdrawal of said property from access or use by members of the public and that 85 any such access or use by any person or persons without authorization from the 86 city of Yreka, its officers, agents or employees, is deemed to be a trespasser and 87 subject to arrest therefor.
88 B. The city manager is authorized to identify those areas within all properties 89 controlled or owned by the city of Yreka to withdraw from personal access or use 90 by members of the public for the protection and safety of the general health, 91 safety and welfare of the public or said property, and to take such action 92 reasonably required to secure or restrict the use of such area, whereby no person 93 shall enter thereon or use the area in violation of such restricted use without the 94 express permission of the city, its officers, agents or employees. As to any such Yreka City Council Agenda
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95 area withdrawn or otherwise restricted from use by members of the general public 96 or access, the public works director is hereby authorized and directed to cause to 97 be posted notice, as is reasonable under the circumstances, regarding said 98 restriction and that any such access or use by any persons without authorization 99 from the city of Yreka, its officers, agents or employees, is deemed to be a 100 trespasser and subject to arrest therefor.
101 C. The police chief, fire chief, or public works director is authorized to identify those 102 areas within all properties controlled or owned by the city of Yreka to withdraw 103 from personal access or use by members of the public due to an immediate need 104 for the protection and safety of the general health, safety and welfare of the public 105 or said property, and to take such action reasonably required to secure or restrict 106 the use of such area, whereby no person shall enter thereon or use the area in 107 violation of such restricted use without the express permission of the city, its 108 officers, agents or employees. As to any such area withdrawn or otherwise 109 restricted from use by members of the general public, city staff is hereby 110 authorized and directed to post notice, as is reasonable under the circumstances, 111 regarding said restriction and that any such access or use by any persons without 112 authorization from the city of Yreka, its officers, agents or employees, is deemed 113 to be a trespasser and subject to arrest therefor.
114 2.54.020 - Violation.
115 Every person who enters upon property or area restricted from use or withdrawn from 116 personal access or use by members of the general public pursuant to Section 2.54.010 117 without the express authorization of the city, its officers, agents or employees, is guilty of 118 a misdemeanor.
119 Section 3. CEQA Exemption. The City Council has considered all of the 120 evidence in the record, including the staff reports, the testimony received 121 during the meeting on the matter held by City Council, and hereby 122 determines that the adoption of this Urgency Ordinance will not have a 123 significant effect on the environment. The City Council finds that this 124 Urgency Ordinance is not subject to the California Environmental Quality 125 Act (CEQA). This Urgency Ordinance is not a "project", as defined in 126 Section 15378 of the State CEQA Guidelines, and pursuant to Sections 127 15061(b)(3) of the State CEQA Guidelines will not cause a direct or 128 reasonably foreseeable indirect effect or change to the physical Yreka City Council Agenda
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129 environment. This ordinance is therefore exempt from the California 130 Environmental Quality Act.
131 Section 4. Severability. If any section, subsection, part, clause, sentence or 132 phrase of this ordinance or the application thereof is for any reason held to 133 be invalid or unconstitutional by a decision of any court of competent 134 jurisdiction, the validity of the remaining portions of this Ordinance, the 135 application thereof, shall not be effected thereby but shall remain in full 136 force and effect, it being the intention of the City Council to adopt each and 137 every section, subsection, part, clause, sentence phrase regardless of 138 whether any other section, subsection, part, clause, sentence or phrase or 139 the application thereof is held to be invalid or unconstitutional. 140 Section 5. Effective Date. This Ordinance shall take immediately after its 141 passage and adoption pursuant to California Government Code Section 142 36937 as an ordinance required for the immediate preservation of the 143 public peace, health and safety, having been approved by at least four144 fifths of the City Council, and shall supersede any conflicting provision of 145 any City of Yreka ordinance.
146 Section 6. Urgency Finding. The City Council finds its passage is required 147 for the immediate preservation of the public peace, health, and safety. 148 Specifically, the City Council finds each change made under this Urgency 149 Ordinance is necessary to preserve the public peace, health, and safety for 150 the following reasons: threats to public places and property related to fire, 151 criminal activity, and degradation of resources and facilities; restoration of 152 facilities; protection of public facilities, employees, and residents; and to 153 address criminal behavior dangerous to the health, safety, and welfare of 154 the City’s residents and employees utilizing such facilities. 155 Section 7. Implementation. The City Council hereby authorizes and directs 156 the City Manager to take any action and sign any documents necessary to 157 implement this Ordinance.
158 Section 8. Certification. The City Clerk shall certify to the passage and 159 adoption of this ordinance and shall cause the same to be published or posted 160 according to law.
161 Section 9. Inconsistencies. Any provisions of the Yreka Municipal Code, or 162 appendices thereto, or any other ordinances of the City inconsistent herewith, 163 to the extent of such inconsistencies and no further, are hereby repealed.
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164 Section 10. Codification. The City Clerk is directed and authorized to 165 instruct the publisher of the City of Yreka Municipal Code that codification of 166 this Ordinance is limited to Section 2.
167 Section 11. Execution. The Mayor and City Clerk are authorized to subscribe 168 this ordinance where indicated below to evidence its approval. 169 PASSED AND ADOPTED at a regular meeting of the City Council 170 held on July 15, 2025 by the following vote:
171
172 AYES:
173 NOES:
174 ABSTAIN:
175 ABSENT:
176
177 Colleen Baker , Mayor
178 Approved as to Form: Attest:
179
180 Andrew Jared, City Attorney Cynthia Prohaska, City Clerk 181
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