Agenda — Yreka City Council, October 7, 2025 (part 1 of 2)

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
October 7, 2025
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. 6:30PM CALL TO ORDER REGULAR SESSION, PLEDGE OF ALLEGIANCE

2. ROLL CALL:

3. APPROVAL OF THE AGENDA:

4. PRESENTATIONS:
 Teen Challenge – Ryan Horvath

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

6. 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 September 7, 2025, through September 27, 2025. b. Approval of the Minutes of the Regular Meeting held September 16, 2025. c. Motion to Adopt the City of Yreka United Against Hate Proclamation as Presented and Proclaiming October 19-25, 2025, as United Against Hate Week.
d. Adoption of Resolution 2025-34 Accepting the Surrender of the Parcel of Real Property at Assessor’s Parcel Number 054-213-250-000 (216 State Street, Yreka, CA). e. Adoption of Resolution 2025-35 Approving the Imposition of a Special Assessment on the Parcel of Real Property at Assessor’s Parcel Number 053-111-220-000 (704 W. Lennox Street, Yreka, CA). f. Adoption of Resolution 2025-36 Approving the Imposition of a Special Assessment on the Parcel of Real Property at Assessor’s Parcel Numbers 051-141-030-000 & 054-271-330-000 (897 Shasta Ave, Yreka, CA).
g. Motion to Direct the City Manager to Sign a One-Year Contract Extension with Yreka Transfer LLC, for Continuing Solid Waste Collection Within the City of Yreka.

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

7. 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.

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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.

Assistant City Manager
a. Agenda Title: Public Hearing: Introduction and First Reading of an Ordinance to Amend Titles 5,9, and 16 of the Yreka Municipal Code to allow non-storefront retail medicinal cannabis delivery.

Recommended City Council Action:
(1) Open the Public Hearing
(2) Close the Public Hearing
(3) Motion to Introduce and Waive the full reading of an ordinance to Amend Titles 5, 9, and 16 of the Yreka Municipal Code to allow non-storefront retail medicinal cannabis delivery. (4) Read the following ordinance by title only:
“An Ordinance Of The City Council Of The City Of Yreka, California, Adding Chapter 5.30 “Cannabis Business Activities” To Title 5 “Business Regulations And Licenses” To Regulate Medicinal Cannabis Non-Storefront Retail Businesses; Amending Chapter 16.100 “Medical Marijuana Distribution Facilities”; Amending Chapter

9.25 “Medical Marijuana Distribution Facilities”; Amending Chapter 9.26 “Medical Marijuana Cultivation, Distribution And Delivery Prohibited”; Amending Chapter 9.27 “Non-Medical Marijuana Cultivation Regulation and the Prohibition of Commercial Cannabis Activity, Manufacture, Testing, Dispensing, Sales, Distribution and Delivery within all Zoning Districts in the City of Yreka”; And Finding This Action Is Exempt From The California Environmental Quality Act (CEQA) Pursuant To CEQA Guidelines Section 15378.”

8. CITY BUSINESS:

Assistant City Manager
a.Agenda Title: Discussion/Possible Action: Adopt Resolution 2025-37 Approving a Lot Line Adjustment Agreement Concerning Property at Assessor Parcel Numbers 053-662-030-000 and 053-662-080-000, and Authorizing Acceptance of Real Property from Robert Wolf.

Recommended City Council Action: Motion to Adopt Resolution 2025-37 of the City Council of the City of Yreka Approving a Lot Line Adjustment Agreement Concerning Property at Assessor Parcel Numbers 053-662- 030-000 and 053-662-080-000, and Authorizing Acceptance of Real Property from Robert Wolf.

Planning Manager
b.Agenda Title: Discussion/Possible Action on the Future of Planning Commission Recommended City Council Action: Give Direction to City Staff on whether to: (1) Dissolve the Planning Commission or (2) Keep the Planning Commission and Incorporate any Requested Changes or (3) Put Planning Commission on hiatus for a time period not to exceed a year. f. CITY MANAGER/STAFF REPORTS:

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

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h. ADJOURNMENT:

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

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

AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA)

COUNTY OF SISKIYOU) SS

CITY OF YREKA)
I, Cyndy Prohaska, City Clerk for the City of Yreka, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Yreka, California, was delivered and/or notice by email not less than 72 hours, before the hour of 6:30PM on October 7, 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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YREKA CITY COUNCIL MEETING MINUTES
September 16, 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.

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.

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

The meeting was called to order at 5:30 PM

2. PUBLIC COMMENT ON CLOSED SESSION ITEMS:

No public comment 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. Conference with Real Property Negotiator (Government Code §54956.8) This meeting is being livestreamed and can be viewed on Siskiyou Media Council’s YouTube Channel https://www.youtube.com/channel/UCzx2GSYFCrgE5przvnzitXQ Yreka City Council Agenda
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- Property APNs:
041-020-130
041-030-200
004-370-020
004-370-010
414E2400
414E2401
- Agency Negotiator: Assistant City Manager, Juliana Lucchesi - Negotiating Parties: PacifiCorp
b. Conference with real property negotiator (Govt Code §54956.8) - Property: 915 S. Main Street and 927 S. Main Street
- Property APNs:
061-163-010
061-272-030
061-272-070
061-281-010
- Agency Negotiator: John Elsnab
- Negotiating Parties: Pacific Realty Associates
- Under Negotiation: Price and terms

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

The meeting was called to order at 6:32 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:

Agenda is approved as presented

7. PRESENTATIONS:
 Yreka Fire Department – Welcoming Marquis Smith

8. PUBLIC COMMENTS:

Public comment received by: Judy Crawford, Louise Gliatto, Jan Osborn & Tayla Nicholson

9. CONSENT AGENDA:

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a. Approval/ratification of payments issued from August 10, 2025, through September 6, 2025. b. Approval of the Minutes of the Regular Meeting held August 19, 2025. c. Approval of the Minutes of the Special Meeting held August 27, 2025. d. Approval of the Minutes of the Special Meeting held September 9, 2025. e. Motion to Direct the City Manager to Waive the Park Reservation Fee for the Special Event Known as the “2025 Yreka Elks Invitational”
Recommended City Council Action: Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.

Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as Presented MOTIONED: Councilmember Middleton
SECOND: Councilmember Clair
AYES: Councilmembers Davis, McCoy, Middleton, Clair & Baker NO’s: -0-
The motion passes

10. PUBLIC HEARINGS: NONE
Public Hearing Protocol:
i. Mayor will describe the purpose of the Public Hearing. ii. City Staff will provide the Staff Report.
iii. City Staff will respond to questions from the City Council. iv. Mayor will open the Public Hearing.
v. Public wanting to comment will come to the podium, provide the City Clerk with their name and address, and provide their comments.
vi. Mayor will close the Public Hearing.
vii. City Council will deliberate and act on the item.

11. CITY BUSINESS:

Municipal Projects Manager
a.Agenda Title: Discussion/Possible Action: Adopt Resolution 2025-31 Authorizing the City Manager to Award a Construction Contract to RTA Construction, Inc. for the Water Supply and Storage Improvements Project in the Amount of $6,744,000.00 for the Base Bid, and to Execute Related Documents.

Recommended City Council Action: Motion to Adopt Resolution 2025-31 of the City Council of the City of Yreka Authorizing the City Manager to Award a Construction Contract to RTA Construction, Inc. for the Water Supply and Storage Improvements Project in the Amount of $6,744,000.00 for the Base Bid, and to Execute Related Documents.

No public comment was received
Motion to Adopt Resolution 2025-31 of the City Council of the City of Yreka Authorizing the City Manager to Award a Construction Contract to RTA Construction, Inc. for the Water Supply and Storage Improvements Project in the Amount of $6,744,000.00 for the Base Bid, and to Execute Related Documents.

MOTIONED: Councilmember Middleton
SECOND: Councilmember Davis
AYES: Councilmembers Davis, McCoy, Middleton, Clair & Baker NO’s: -0-
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The motion passes
City Attorney
b.Agenda Title: Discussion/Possible Action: Motion to Adopt Resolution 2025-32 Concerning the Purchase of Assessor Parcel Numbers 061-163-010, 061-272-030, and 061-272-070 for $850,000, and Authorizing Acceptance of Real Property from Pacific Realty Associates.

Recommended City Council Action: Motion to Adopt Resolution 2025-32 Approving the “Purchase and Sale Agreement and Joint Escrow Instructions” Concerning Purchase of Assessor Parcel Numbers 061-163-010, 061- 272-030, and 061-272-070 for $850,000, and Authorizing Acceptance of Real Property from Pacific Reality Associates, L.P.

No public comment received
Motion to Adopt Resolution 2025-32 Approving the “Purchase and Sale Agreement and Joint Escrow Instructions” Concerning Purchase of Assessor Parcel Numbers 061-163-010, 061-272-030, and 061-272-070 for $850,000, and Authorizing Acceptance of Real Propertyfrom Pacific Reality Associates, L.P.

MOTIONED: Councilmember Middleton
SECOND: Councilmember Baker
AYES: Councilmembers Davis, McCoy, Middleton, Clair & Baker NO’s: -0-
The motion passes
Assistant City Manager
c.Agenda Title: Discussion/Possible Action: Adoption of Siskiyou County Active Transportation Plan recommendations as the City of Yreka’s Active Transportation Plan.

Recommended City Council Action: Motion to Adopt Resolution 2025-33 of the City Council of the City of Yreka Adopting the Siskiyou County Active Transportation Plan as the City of Yreka Active Transportation Plan.

Public comment received by Louise Gliatto
Motion to Adopt Resolution 2025-33 of the City Council of the City of Yreka Adopting the Siskiyou County Active Transportation Plan as the City of Yreka Active Transportation Plan.

MOTIONED: Councilmember Baker
SECOND: Councilmember Clair
AYES: Councilmembers Davis, McCoy, Middleton, Clair & Baker NO’s: -0-
The motion passes
Planning Manager
d.Agenda Title: Discussion/Possible Action on the Future of Planning Commission Recommended City Council Action: Give Direction to City Staff on whether to: (1) Dissolve the Planning Commission or (2) Keep the Planning Commission and Incorporate any Requested Changes.

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Public comment received by: Lorenzo Love, Louise Gliatto & Dawnmarie Autry This item will be brought back to the October 7th City Council meeting for further discussion Assistant City Manager
e.Agenda Title: Introduction of Proposed Cannabis Ordinance Update Recommended City Council Action: Discussion only. No Action.

Public comment received by: Louise Gliatto
Proposed Cannabis Ordinance will be brought to the October 7, 2025, City Council Meeting for a first reading with the recommended changes.
f. CITY MANAGER/STAFF REPORTS:

None
g. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

AB 1234* Conference and Meeting Report (verbal, if any) *(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) Councilmember Baker requested that an Ad Hoc Committee be created consisting of the Mayor and the Mayor Pro Tempore to review the Code of Conduct that was created by the City Council on September 5, 2022.

Findings of the Ad Hoc Committee will be brought back to council for consideration.

Councilmember Davis gave an update on Fire Safe Council.

Councilmember McCoy requested that an Urban Campground be added to the November 4, 2025, City Council agenda for disucssion.
h. ADJOURNMENT:

Meeting adjourned at 9:07 PM
____________________________
Mayor of the City of Yreka
Minutes approved by City Council
Motion on October 7, 2025
___________________________
Cyndy Prohaska, City Clerk
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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM:

PREPARED BY:

John Elsnab, Interim City Manager
John Elsnab, Interim City Manager
AGENDA TITLE: City of Yreka Proclamation United Against Hate MEETING DATE: October 7, 2025
Discussion:

The City Council of the City of Yreka adopted the Proclamation United Against Hate in 2022, 2023, and 2024 at the request of members of the public. The United Against Hate Organization was created by civil leaders to empower residents to take action in their local communities to build fairness, respect, and commitment to equal treatment within communities for all. United Against Hate Week (October 19-25, 2025) is a call for seven days of local civic action by people in every community to stop the hate and implicit biases that are a dangerous threat to the safety of and civility of our neighborhoods, towns, and cities.

Fiscal Impact:

No fiscal impact
Recommendation and Requested Action:

A motion to adopt the City of Yreka Proclamation United Against Hate as presented and proclaiming October 19-25, 2025, as United Against Hate Week.

Approved by: __________________________________
John Elsnab, Interim City Manager
Attachments:
• United Against Hate Proclamation

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

WHEREAS, by supporting education to bring understanding and compassion to a population that is ever-growing in diversity, we seek to build bridges and strengthen our community’s unity through understanding and respect.

THEREFORE, be it resolved that the Mayor and Members of the City Council of the City of Yreka join the Nation in Proclaiming October 19-25, 2025, as “United Against Hate” Week
The City of Yreka stands steadfast in our commitment to fostering a fair and respectful civil environment where everyone in our community is treated with dignity and respect.

Signed:______________________________ Colleen Baker, Mayor of the City of Yreka Yreka City Council Agenda
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To:

From:

Prepared By:

Agenda Title:

Meeting Date:

YREKA CITY COUNCIL
Juliana Lucchesi, Assistant City Manager
Nicholas Jaime, Yreka Deputy City Prosecutor
Discussion/Possible Action—Acceptance of Surrender of Property for Nuisance Abatement Cost Recovery
October 7, 2025, at 6:30 p.m.

Discussion:

The City incurred $64,069.03 (“Cost Recovery Amount”) in costs enforcing the abatement of nuisance conditions on the parcel of real property located at 216 State Street, Yreka, California 96097, Assessor’s Parcel Number 054-213-250-000 (“Nuisance Property”).

The Nuisance Property has been the focus of City code enforcement personnel since 2021 due to the existence of numerous nuisance violations such as a structurally unsound and unsanitary residential structure, large accumulations of garbage on the exterior of the property, and use of the property as a hub for criminal activity including theft and drug use. In July 2023, the City applied for and obtained an Abatement Warrant authorizing the abatement of all nuisance conditions on the Nuisance Property. City staff worked to abate said nuisance conditions, resulting in the aforementioned $64,069.03 in costs. The City then recorded a Special Assessment Lien against the Nuisance Property claiming a special assessment in that amount.

Ronald Boren and Rosemary Boren are the recorded title holders of the Nuisance Property.

Ronald Boren is deceased, and Rosemary Boren is subject to a conservatorship. Thus, the estate of Rosemary Boren (“Estate”) is in custody and control of the Nuisance Property. Rita S. Manley (“Conservator”) has been named conservator of the Estate. The fair market value of the Nuisance Property has been appraised at $25,000. Conservator attempted to sell the Nuisance Property to satisfy the Cost Recovery Amount but was unsuccessful. As an alternative way to satisfy the costs of abatement, the Conservator has, with approval from the Superior Court, agreed to have the Estate surrender the Nuisance Property to the City in exchange for full satisfaction of the Special Assessment Lien. However, California law requires that, before the City can accept a deed conveying an interest in real property to the City, a resolution of acceptance must be passed by the City Council. Thus, the sole issue presented for the City Council is whether to accept the surrender of the Nuisance Property in exchange for satisfaction of the Special Assessment Lien.

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Fiscal Impact:

Given that the Cost Recovery Amount exceeds the $25,000 valuation of the Nuisance Property and has been levied against the Nuisance Property as a Special Assessment Lien, it is unlikely that Conservator will find a purchaser for the Nuisance Property. Thus, the City’s best course of action to recover its nuisance abatement costs is to accept the surrender of the Nuisance Property so that it can be productively used for the benefit of the City and its citizens.

Recommendation and Requested Action:

City staff recommends that the Council approve the Surrender Agreement and proposed resolution to accept Owner’s surrender of the Nuisance Property to help ensure recovery of the City’s nuisance abatement costs.

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1 RESOLUTION NO. 2025-34
2 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA 4 ACCEPTING THE SURRENDER OF THE PARCEL OF REAL PROPERTY AT ASSESSOR’S 5 PARCEL NUMBER 054-213-250-000.
6 7 WHEREAS, the City of Yreka (“City”), a municipal corporation, has jurisdiction over the parcel 8 of real property located at 216 State Street, Yreka, California 96097, Assessor’s Parcel Number 9 054-213-250-000 (“Nuisance Property”).
10 11 WHEREAS, pursuant to California Constitution Article 11 Section 7, the City may make and 12 enforce ordinances and regulations not in conflict with general laws. 13 14 WHEREAS, California Government Code sections 38771, 38773.1, and 38773.5, and other laws, 15 authorize the City to enact ordinances establishing what constitute public nuisances, procedures for 16 abating nuisance conditions, procedures for recovery of all costs and attorney fees related to 17 abatement of nuisances, and procedures for collection of civil penalties. 18 19 WHEREAS, the aforementioned laws authorize a city legislative body to establish a procedure to 20 use special assessments to collect nuisance abatement costs and administrative costs. 21 22 WHEREAS, pursuant to Yreka Municipal Code (“YMC”) section 1.14.050(C), any nuisance 23 condition or violation of the YMC may subject the responsible party to a fine, and that fine may be 24 enforced by imposition of a special assessment upon the real property. 25 26 WHEREAS, pursuant to Government Code section 27281(a), deeds conveying an interest in real 27 estate to a governmental agency for public purposes cannot be recorded without a Resolution of 28 Acceptance from the grantee consenting to the conveyance. 29 30 WHEREAS, the City recognizes that responding to and abating public nuisances and other 31 violations of law, including the YMC, is costly to the public, time-consuming, and burdensome. 32 33 WHEREAS, recovery of fines and costs from parties responsible for violating applicable laws and 34 maintaining public nuisances will enable the City to make the public whole and replenish resources 35 needed to meet the increasing demands on code enforcement and public services. 36 37 WHEREAS, the City Council has determined it would be in the best interest of the City to approve 38 and authorize the action outlined in this Resolution. 39 40 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY 41 RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
42 43 Section 1. The City is entitled, and hereby authorized, to recover all nuisance abatement and 44 administrative costs related to, arising out of, or incurred by the City as a result of any nuisance 45 abatement action. Each responsible party shall be jointly and severally liable to the City and for 46 the City’s incurred costs including, but not limited to, all administrative expenses, administrative 47 fines, civil fines, penalties, staff time, variable costs, fixed costs, inspection costs, investigation Yreka City Council Agenda
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48 costs, enforcement costs, abatement costs, litigation fees, litigation costs, costs for hearings and 49 hearing officers, attorney fees and costs, and all other costs and expenses related to, arising out of, 50 or incurred by the City relating to any nuisance abatement action. 51 52 Section 2. The City Council hereby finds and determines that the City is authorized to use any and 53 all legal means to collect administrative fines and nuisance abatement costs, including, but not 54 limited to, personal liability, Franchise Tax Board intercept, personal property liens, real property 55 abatement liens, and special assessments.
56 57 Section 3. The Council hereby finds and determines that the foregoing recitals are true and correct 58 in regard to the Nuisance Property.
59 60 a) Nuisance Property. The Nuisance Property was in a dangerous, unsafe, and substandard 61 condition that was detrimental to the health, safety, and welfare of the public and occupants 62 prior to the City abating the nuisance conditions on the Nuisance Property. 63 64 1) The Nuisance Property became the focus of City Code Enforcement personnel 65 (“Code Enforcement”) in November 2021 after the City received numerous citizen 66 complaints regarding the unsanitary, dilapidated, and unsightly conditions of the 67 Nuisance Property, as well as criminal activity occurring thereon. 68 69 2) Between November 2021 and July 2023, Code Enforcement conducted inspections 70 of the Nuisance Property, observing nuisance violations including but not limited 71 to: a residential structure which was structurally unsound, unsecured, and 72 disconnected from sewer, water, and electrical utilities; large accumulations of 73 solid waste, trash, garbage, debris, junk, and rubbish; unpermitted storage of 74 several inoperable and unregistered vehicles, including recreational vehicles; 75 overgrown weeds and other vegetation, and; visual blight. 76 77 3) Between November 2021 and July 2023, Code Enforcement made extensive 78 efforts to notify Nuisance Property owners Ronald Boren and Rosemary Boren 79 (“Owners”) of the dilapidated condition of the Nuisance Property, and to gain 80 voluntary compliance from Owners in abating all existing nuisance conditions. 81 Said efforts included sending multiple courtesy notices to Owners, serving Owners 82 with a Notice of Violation ordering the abatement of all nuisance conditions on the 83 Nuisance Property, placing telephone calls to a known granddaughter of Owners 84 in an attempt to contact Owners, and conducting multiple Administrative Hearings 85 to determine the existence of the aforementioned nuisance conditions. During this 86 time, Code Enforcement learned that Ronald Boren was deceased, and that sole 87 remaining owner Rosemary Boren did not occupy the Nuisance Property. 88 89 4) Following a final Administrative Hearing in March 2023, Hearing Officer David 90 Mason issued a “Findings and Order after Hearing to Show Cause” finding that the 91 listed nuisance violations did exist on the Nuisance Property and ordering that said 92 nuisance conditions be abated. Between March and June 2023, Code Enforcement 93 conducted further inspections of the Nuisance Property and observed that the 94 nuisance conditions remained.

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95 96 5) On July 12, 2023, the City submitted to Siskiyou County Superior Court an 97 application for an Abatement Warrant authorizing the abatement of all nuisance 98 conditions on the Nuisance Property. On July 13, 2023, Honorable Thomas 99 Linville, Siskiyou County Superior Court Judge, signed and issued the proposed 100 Abatement Warrant, commanding the City to abate all nuisance conditions on the 101 Nuisance Property.
102
103 6) In July 2023, City staff received correspondence from attorney Darrin Mercier 104 (“Mr. Mercier”), informing them that Rosemary Boren was subject to a 105 conservatorship in the State of Oregon, that Ms. Kathy Lindsay (“Ms. Lindsay”) 106 had been appointed as guardian and Conservator of the Estate of Rosemary Boren 107 (“Estate”), and that Mr. Mercier represented Ms. Lindsay in that capacity. Through 108 Mr. Mercier, Ms. Lindsay expressed her commitment to bringing the Nuisance 109 Property into compliance with applicable nuisance laws and her willingness to 110 work with Code Enforcement to accomplish this.
111
112 7) Between July and December 2023, Code Enforcement and public works staff 113 worked to abate all nuisance conditions on the Nuisance Property. On December 114 6, 2023, the City issued a Cost Recovery Invoice requesting the payment of 115 $64,069.03 (“Cost Recovery Amount”) to recoup costs incurred in abating said 116 nuisance conditions. To date, the Cost Recovery Amount has not been paid. 117
118 b) Cost Recovery Efforts. The City has been working with the Conservator of the Estate to 119 recover the City’s nuisance abatement expenses.
120
121 1) On February 21, 2024, the City received correspondence from Mr. Mercier stating 122 that he and Ms. Lindsay were in receipt of the Cost Recovery Invoice, that they 123 did not dispute the cost recovery sought by the City, and that Ms. Lindsay was 124 working to sell the Nuisance Property to satisfy the Cost Recovery Amount. Mr. 125 Mercier requested that the City take no action other than securing a lien against the 126 Nuisance Property pending its sale.
127
128 2) On March 29, 2024, the City recorded a Special Assessment Lien against the 129 Nuisance Property in the amount of the Cost Recovery Amount to ensure the City’s 130 ability to recover its nuisance abatement expenses. 131
132 3) On June 21, 2024, Siskiyou County Superior Court approved a petition to change 133 the conservator of the Estate from Ms. Lindsay to Ms. Rita Manley (“Ms. 134 Manley”), who remains the current Conservator.
135
136 4) In April 2025, the fair market value of the Nuisance Property was appraised at 137 $25,000.
138
139 5) In June 2025, the City and Ms. Manley signed a written agreement (“Surrender 140 Agreement”) which involves the Nuisance Property being surrendered to the City 141 in exchange for full satisfaction of the Special Assessment Lien. The Surrender Yreka City Council Agenda
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142 Agreement is contingent upon approval by the Court overseeing the 143 conservatorship of the Estate, and upon approval by the City Council. A true and 144 correct copy of the Surrender Agreement is attached hereto as Exhibit A and is 145 incorporated herein.
146
147 6) On July 17, 2025, Honorable John W. Lawrence, Siskiyou County Superior Court 148 Judge, signed an order (“Surrender Order”) approving the Surrender Agreement. 149 A true and correct copy of the Surrender Order is attached hereto as Exhibit B and 150 is incorporated herein.
151
152 7) On August 4, 2025, Mr. Mercier mailed to the City a deed (“Grant Deed”) 153 conveying all rights, title, and interests in the Nuisance Property to the City. A true 154 and correct copy of the Grant Deed is attached hereto as Exhibit C and is 155 incorporated herein.
156
157 Section 4. The City Council directs as follows:
158
159 a) In accordance with Government Code section 27281, the interest in real property conveyed 160 by the Grant Deed dated July 29, 2025, from Rosemary C. Boren to the City of Yreka, a 161 political corporation and/or governmental agency is hereby accepted by order of the City 162 Council of the City of Yreka on October 7, 2025, and the City consents to recordation 163 thereof by its duly authorized officer. The City shall promptly record the Grant Deed, along 164 with this Resolution of Acceptance attached, with the Office of the Siskiyou County 165 Assessor-Recorder.
166
167 b) In accordance with Surrender Agreement section 3.6, the City shall promptly file with the 168 Office of the Siskiyou County Assessor-Recorder a release of the Special Assessment Lien. 169
170 Section 5. It is further resolved that if any section, subsection, part, clause, sentence, or phrase of 171 this Resolution or application thereof is for any reason held to be invalid or unconstitutional by a 172 decision of any court of competent jurisdiction, the validity of the remaining portions of this 173 Resolution, and the application thereof, shall not be effected thereby but shall remain in full force 174 and effect, it being the intention of the City Council to adopt each and every section, subsection, 175 part, clause, sentence, and phrase regardless of whether any other section, subsection, part, clause, 176 sentence, or phrase, or the application thereof, is held to be invalid or unconstitutional. 177
178 Section 6. The City Manager, the Chief of Police, and all other proper officers and officials of the 179 City are hereby authorized and directed to execute such other agreements, documents, and 180 certificates, and to perform such other acts and deeds, as may be necessary or convenient to affect 181 the purposes of this Resolution and the transactions herein authorized. 182
183
184
185
186
187
188
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189 Passed and adopted this 7th day of October 2025, by the following vote:
190
191 AYES:
192 NAYS:
193 ABSENT:
194 ABSTAIN:
195
196 ________________________
197 Colleen Baker, Mayor
198
199 Attest:__________________
200 Cyndy Prohaska, City Clerk
201
202
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– EXHIBIT A –

SURRENDER AGREEMENT

EXHIBIT A

SURRENDER AGREEMENT
DATED AND SIGNED JUNE 17, 2025
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– 1 of 9 –

AGREEMENT FOR ACCEPTANCE OF GRANT DEED

AS SATISFACTION OF SPECIAL ASSESSMENT LIEN

BETWEEN

THE CITY OF YREKA
AND

THE ESTATE OF ROSEMARY BOREN

1. Caption

1.1. This Agreement For Acceptance Of Grant Deed As Satisfaction Of Special Assessment Lien (“Agreement”) is entered into as of the date of last signing (“Effective Date”) by and between the City of Yreka (“City”) and the Conservatorship Estate of Rosemary Boren (“Estate”).

2. Recitals

2.1. Subject Property. This Agreement relates to the real property located at 216 State Street, Yreka, California 96097, Assessor’s Parcel Number 054-213-250-000 (“Subject Property”).

2.2. Value. The fair market value of the Subject Property has been determined to be $25,000 based on appraisals conducted by Joseph J. Blake and Associates, Inc. dated April 9, 2025, and by the Siskiyou County Superior Court Probate Referee Susan L. Jeffers, which are attached hereto as Exhibit 2 and they are incorporated herein.

2.3. Title. Ronald Boren and Rosemary Boren are the record title owners of the Subject Property, as evidenced by the deed dated June 23, 1986 (“1986 Deed”), which is attached hereto as Exhibit 1 and is incorporated herein. However, Ronald Boren is deceased, and Rosemary Boren is subject to a conservatorship pursuant to case number 23PB05249 (“Conservator Action”) in the Superior Court of California for the County of Siskiyou (“Court”). Rita S. Manley (“Conservator”) has been recognized by the Court as Conservator of Rosemary Boren’s Estate, as evidenced by the Letters Of Conservatorship and Order After Hearing On Petition To Confirm Change In Conservator Of Estate in the Conservator Action (collectively “Conservator Orders”), which are attached hereto as Exhibit 3 and are incorporated herein. Accordingly, the Estate now in custody and control of the Subject Property.

2.4. Special Assessment Lien. Pursuant to State law and the Yreka Municipal Code (“YMC”), the City levied a special assessment lien against the Subject Property in the amount of $64,069.03 to recover the costs related to nuisance abatement actions taken by the City against the Subject Property (“Special Assessment Lien”). The Special Assessment Lien is attached hereto as Exhibit 4 and it is incorporated herein.

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2.5. Incorporation. These Recitals are the basis for the parties entering into this Agreement. The parties represent and warrant that all the statements in these Recitals are true and correct to the best of their knowledge. Accordingly, the Recitals are hereby incorporated into this Agreement.

3. Terms

3.1. Court Approval. This Agreement, and its terms, are subject to approval by the Court in the Conservator Action. Upon full execution of this Agreement by the City and the Estate, the Estate shall be responsible for securing Court approval of the Agreement. Should the Court not approve this Agreement by December 31, 2025, this Agreement and all its terms shall be null and void.

3.2. Subject Property Transfer to City. Upon approval by the Court, the Estate agrees to convey to the City all rights, title, and interests in and to the Subject Property by Grant Deed free and clear of all monetary liens, clouds, and encumbrances, except for the Special Assessment Lien and real property taxes not yet due. The Estate shall deliver to the City the duly executed and notarized Grant Deed within 15 days of approval by the Court in the Conservator Action.

3.3. Title Representations and Warranties. The Estate represents and warrants that, except for the Special Assessment Lien, there are no other monetary liens, encumbrances, or clouds on title to the Subject Property that would prevent the Estate from conveying clear title to the City.

The Estate represents and warrants that there are no leases, tenancies, or other rights of possession affecting the Subject Property.

3.4. City Acceptance. Upon receipt of the duly executed and notarized Grant Deed from the Estate, City staff shall submit this Agreement and the Grant Deed to the City Council to approve acceptance pursuant to Government Code section 27281.

3.5. City Approval. This Agreement, and its terms, are subject to formal approval by the City Council. Should the City Council not approve this Agreement by December 31, 2025, this Agreement and all its terms shall be null and void.

3.6. Satisfaction of Special Assessment Lien. Upon the City’s acceptance of the Grant Deed, the City shall consider the Special Assessment Lien fully satisfied and shall execute and record a Special Assessment Lien Release in the Official Records of the County of Siskiyou. Other than the representations and warranties contemplated in this Agreement, upon recording of the release, Rosemary Boren, Conservator, and the Estate shall have no further liability to the City of Yreka related to the Subject Property and the Special Assessment Lien.

3.7. Taxes and Assessments. Any property taxes or assessments, other than the Special Assessment Lien being satisfied by this Agreement, shall be prorated as of the date of recordation of the Grant Deed.

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3.8. Costs. Each party shall bear its own costs and expenses in connection with this Agreement and the transactions contemplated hereby.

3.9. Legal Notices. Notices relating to this Agreement must be in writing and sent to the physical addresses set forth below. A party may change its address for notices by giving notice as required by this provision. Written notice will 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.

3.9.1. City of Yreka
Curtis Wright
Yreka City Prosecutor
[email protected]
3 Corporate Park, Suite 100
Irvine, California 92606

3.9.2. Estate of Rosemary Boren
Darrin Mercier
Attorney for Estate of Rosemary Boren
[email protected]
205 Lane Street
Yreka, California 96097

3.10. Force Majeure. Performance of the parties’ duties and obligations pursuant to this Agreement shall be extended because of any delays due to relevant unforeseeable causes beyond the control, and without the fault or negligence, of the obligated party, such as acts of God, disasters, acts of war, acts of the public enemy, severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, embargoes, litigation, or acts of any governmental agency. Any party whose performance is delayed pursuant to this provision shall notify the other parties of the cause, nature, and extent of the delay. In no event shall a party be entitled to recover damages against another party for any excusable delay pursuant to this provision.

3.11. 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.

3.12. Transfers. Neither this Agreement, nor any interest, right, duty, or obligation herein, may be transferred, assigned, delegated, subcontracted, conveyed, hypothecated, or encumbered without the prior written approval of the other parties. Any unapproved transfer is void and ineffective for all purposes.

3.13. Successors. This Agreement and all its terms, conditions, and obligations contained herein are binding upon, and shall inure to the benefit of, any successors-in-interest of the parties.

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3.14. No Third-Party Beneficiaries. The provisions of this Agreement are only intended to be for the benefit of the parties, and shall not be enforceable by any third-parties.

3.15. Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California.

3.16. Venue. The venue for any disputes arising out of this Agreement shall be in the County of Siskiyou in the State of California.

3.17. Modification. This Agreement can only be changed, modified, amended, supplemented, or rescinded in a separate writing signed by all parties.

3.18. Mutual Negotiation. This Agreement is the result of the mutual negotiations of the parties, and it shall not be interpreted in favor of, nor against, any party.

3.19. 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.

3.20. Integration. This Agreement constitutes the final, complete, and exclusive expression of all the terms and provisions of the agreements between the parties. This Agreement supersedes any previous agreements or negotiations between the parties, whether oral or written.

3.21. Legal Counsel. The parties represent that they have had the opportunity to discuss this Agreement with independent legal counsel, regardless of whether they have chosen to do so.

3.22. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement is only enforceable if signed by all parties.

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– EXHIBIT B –

SURRENDER ORDER

EXHIBIT B

SURRENDER ORDER
DATED JULY 17, 2025
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– EXHIBIT C –

GRANT DEED

EXHIBIT C

GRANT DEED
DATED JULY 29, 2025
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– 1 of 2 –

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To:

From:

Prepared By:

Agenda Title:

Meeting Date:

YREKA CITY COUNCIL
Juliana Lucchesi, Assistant City Manager
Nicholas Jaime, Yreka Deputy City Prosecutor
Discussion/Possible Action—Approval of Special Assessment Resolution for Nuisance Abatement Cost Recovery
October 7, 2025, at 6:30 p.m.

Discussion:

The City incurred $117,662.11 (“Cost Recovery Amount”) in costs enforcing the abatement of nuisance conditions on the parcel of real property located at 704 West Lennox Street, Yreka, California 96097, APN 053-111-220-000 (“Nuisance Property”).

The Nuisance Property became the target of City Code Enforcement in April 2024 after a fire broke out in the residential structure located on the Nuisance Property. The structure suffered irreparable damage, rendering it structurally unsound and unsafe for occupancy. Further, the exterior of the Nuisance Property was littered with solid waste, garbage, debris, and overgrown vegetation, creating further health hazards and a visual blight for the community. Multiple citizens filed complaints with the City due to the dilapidated and unsafe condition of the Nuisance Property.

Code Enforcement staff issued an Abatement Order to the Nuisance Property owner (“Owner”), demanding the abatement of all dangerous and nuisance conditions and warning that failure to comply with the Abatement Order would result in the City abating said conditions at Owner’s expense. Owner never attempted to comply with the Abatement Order. Code Enforcement then sought and obtained an Abatement Warrant authorizing City staff to abate all nuisance conditions. After abatement work was concluded, a Cost Recovery Invoice (“Invoice”) was issued, requesting payment of the Cost Recovery Amount and notifying Owner of the right to a hearing to contest the Invoice and/or Cost Recovery Amount. No hearing was requested, and the Cost Recovery Amount was never paid. Consequently, the City recorded a special assessment tax lien against the Nuisance Property, claiming a Special Assessment in the amount of the Cost Recovery Amount. Thus, the sole issue before the City Council is whether to assess the Cost Recovery Amount against the Nuisance Property as a Special Assessment.

Fiscal Impact:

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

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– 2 of 2 –
Recommendation and Requested Action:

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

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1 RESOLUTION NO. 2025-35
2 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA 4 APPROVING THE IMPOSITION OF A SPECIAL ASSESSMENT ON THE PARCEL OF 5 REAL PROPERTY AT ASSESSOR’S PARCEL NUMBER 053-111-220-000. 6 7 WHEREAS, the City of Yreka (“City”), a municipal corporation, has jurisdiction over the parcel 8 of real property located at 704 West Lennox Street, Yreka, California 96097, APN 053-111-220- 9 000 (“Nuisance Property”).
10 11 WHEREAS, pursuant to California Constitution Article 11 Section 7, the City may make and 12 enforce ordinances and regulations not in conflict with general laws. 13 14 WHEREAS, California Government Code sections 38771, 38773.1, and 38773.5, and other laws, 15 authorize the City to enact ordinances establishing what constitute public nuisances, procedures for 16 abating nuisance conditions, procedures for recovery of all costs and attorney fees related to 17 abatement of nuisances, and procedures for collection of civil penalties. 18 19 WHEREAS, the aforementioned laws authorize a city legislative body to establish a procedure to 20 use special assessments to collect nuisance abatement costs and administrative costs. 21 22 WHEREAS, pursuant to Yreka Municipal Code (“YMC”) section 1.14.050(C), any nuisance 23 condition or violation of the YMC may subject the responsible party to a fine, and that fine may be 24 enforced by imposition of a special assessment upon the real property. 25 26 WHEREAS, the City recognizes that responding to and abating public nuisances and other 27 violations of law, including the YMC, is costly to the public, time-consuming, and burdensome. 28 29 WHEREAS, recovery of fines and costs from parties responsible for violating applicable laws and 30 maintaining public nuisances will enable the City to make the public whole and replenish resources 31 needed to meet the increasing demands on code enforcement and public services. 32 33 WHEREAS, the City Council has determined it would be in the best interest of the City to approve 34 and authorize the action outlined in this Resolution. 35 36 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY 37 RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
38 39 Section 1. The City is entitled and hereby authorized to recover all nuisance abatement and 40 administrative costs related to, arising out of, or incurred by the City as a result of any nuisance 41 abatement action. Each responsible party shall be jointly and severally liable to the City and for 42 the City’s incurred costs including, but not limited to, all administrative expenses, administrative 43 fines, civil fines, penalties, staff time, variable costs, fixed costs, inspection costs, investigation 44 costs, enforcement costs, abatement costs, litigation fees, litigation costs, costs for hearings and 45 hearing officers, attorney fees and costs, and all other costs and expenses related to, arising out of, 46 or incurred by the City relating to any nuisance abatement action. 47 Yreka City Council Agenda
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48 Section 2. The City Council hereby finds and determines that the City is authorized to use any and 49 all legal means to collect administrative fines and nuisance abatement costs, including, but not 50 limited to, personal liability, Franchise Tax Board intercept, personal property liens, real property 51 abatement liens, and special assessments.
52 53 Section 3. The Council hereby finds and determines that the foregoing recitals are true and correct 54 in regard to the Nuisance Property.
55 56 a) Nuisance Property. The Nuisance Property was in a dangerous, unsafe, and substandard 57 condition that was detrimental to the health, safety, and welfare of the public and occupants 58 prior to the City abating the nuisance conditions on the Nuisance Property. 59 60 1) The City’s nuisance abatement efforts against the Nuisance Property began in April 61 2024 after a fire broke out at the Nuisance Property. The residential structure on 62 the Nuisance Property suffered extensive damage, rendering the structure 63 irreparably compromised, structurally unsound, and manifestly unsafe. Further, 64 the exterior of the Nuisance Property was littered with solid waste, garbage, debris, 65 and overgrown vegetation, creating further health hazards and a visual blight for 66 the community.
67 68 2) On May 28, 2024, City code enforcement personnel conducted an inspection of 69 the Nuisance Property and took photographs of their findings. 70 71 3) On June 11, 2024, the City issued and served upon Nuisance Property owner David 72 Peterson (“Owner”) an Abatement or Demolition Order (“Abatement Order”) 73 which identified all violations present on the Nuisance Property and ordered 74 Owner to abate all identified violations and demolish the irreparably damaged 75 residential structure. The Abatement Order gave Owner a Compliance Deadline 76 of July 11, 2024, by which all abatement or demolition work was to be completed. 77 Owner never attempted to comply with the Abatement Order. 78 79 4) On July 22, 2024, the City submitted to the Superior Court for the County of 80 Siskiyou an application for an Abatement Warrant authorizing the abatement and 81 demolition of all dangerous and nuisance conditions on the Nuisance Property. On 82 July 26, 2024, the Court signed and issued the proposed Abatement Warrant, 83 commanding City code enforcement personnel to abate all nuisance conditions on 84 the Nuisance Property.
85 86 5) City code enforcement and public works staff began abatement on the Nuisance 87 Property in August 2024. Over the course of several months, City staff and hired 88 contractors worked to abate all identifiable nuisance conditions on the Nuisance 89 Property, and to demolish the fire-damaged structure. 90 91 6) The City incurred $117,662.11 (“Cost Recovery Amount”) in costs as a result of 92 the nuisance abatement work conducted on the Nuisance Property. On March 4, 93 2025, the City issued a Cost Recovery Invoice (“Invoice”) detailing the Cost 94 Recovery Amount and notifying all interested parties of their responsibility to Yreka City Council Agenda
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95 reimburse the City for the Cost Recovery Amount by April 3, 2025. The interested 96 parties were provided with an opportunity to request an administrative hearing to 97 dispute the Invoice or Cost Recovery Amount. No hearing was requested, and the 98 Cost Recovery Amount was never paid.
99 100 Section 4. The City Council directs as follows:
101
102 a) A special assessment in the amount of $117,662.11 shall be imposed upon the Nuisance 103 Property and submitted to the County Assessor to be assessed on the property tax rolls for 104 the Nuisance Property to be collected with the same priority as other property taxes. 105
106 Section 5. It is further resolved that if any section, subsection, part, clause, sentence, or phrase of 107 this Resolution or application thereof is for any reason held to be invalid or unconstitutional by a 108 decision of any court of competent jurisdiction, the validity of the remaining portions of this 109 Resolution, and the application thereof, shall not be effected thereby but shall remain in full force 110 and effect, it being the intention of the City Council to adopt each and every section, subsection, 111 part, clause, sentence, and phrase regardless of whether any other section, subsection, part, clause, 112 sentence, or phrase, or the application thereof, is held to be invalid or unconstitutional. 113
114 Section 6. The City Manager, the Chief of Police, and all other proper officers and officials of the 115 City are hereby authorized and directed to execute such other agreements, documents, and 116 certificates, and to perform such other acts and deeds, as may be necessary or convenient to affect 117 the purposes of this Resolution and the transactions herein authorized. 118
119 Passed and adopted this 7th day of October 2025, by the following vote:
120
121 AYES:
122 NAYS:
123 ABSENT:
124 ABSTAIN:
125
126 ________________________
127 Colleen Baker, Mayor
128
129 Attest:__________________
130 Cyndy Prohaska, City Clerk
131
132
133
134
135
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To:

From:

Prepared By:

Agenda Title:

Meeting Date:

YREKA CITY COUNCIL
Juliana Lucchesi, Assistant City Manager
Nicholas Jaime, Yreka Deputy City Prosecutor
Discussion/Possible Action—Approval of Special Assessment Resolution for Administrative Fine Collection
October 7, 2025, at 6:30 p.m.

Discussion:

The City seeks to assess a Special Assessment against the parcel of real property located at 897 Shasta Avenue, Yreka, California 96097, APNs 061-141-030-000 and 054-271-330-000 (“Nuisance Property”) due to unpaid fines resulting from ongoing unlawful conditions (“Nuisance Conditions”) on the Nuisance Property.

The Nuisance Property is an approximately 17-acre parcel of land which contains one residential structure but is otherwise undeveloped. For decades, the City has had issues with excessive weed growth on the Nuisance Property. Large amounts of dry vegetation accumulate on the Nuisance Property and create a fire hazard for the surrounding community. The City Fire Department and Code Enforcement Division (“Code Enforcement”) have recently inspected the Nuisance Property and are highly concerned about the fire danger it poses. Additionally, the residential structure on the Nuisance Property never received a final building inspection and is therefore unpermitted.

Between December 2024 and May 2025, Code Enforcement attempted to gain voluntary compliance in curing these Nuisance Conditions by repeatedly attempting to contact the owners of the Nuisance Property (“Owners”), issuing a Courtesy Notice informing Owners of the existence of the Nuisance Conditions, and issuing an Administrative Citation (“Citation”) assessing a fine (“Fine”) against the Nuisance Property.

Finally, in May 2025, Code Enforcement issued an Administrative Fine Invoice (“Invoice”) imposing the Fine and giving Owners a deadline of June 19, 2025 by which to pay the Fine. To date, the Fine has not been paid, nor have Owners contacted the City regarding the Citation, the Invoice, or the Fine. Consequently, the City recorded a special assessment tax lien against the Nuisance Property, claiming a Special Assessment in the amount of the Fine. Thus, the sole issue before the City Council is whether to assess the Fine against the Nuisance Property as a Special Assessment.

Fiscal Impact:

There will be no negative fiscal impact on the City. The Special Assessment will assist the City in recovering costs incurred abating the Nuisance Conditions, and it will serve as a Code Enforcement mechanism against Owners by imposing financial consequences for their failure to cure the dangerous conditions on the Nuisance Property.

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– 2 of 2 –
Recommendation and Requested Action:

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

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1 2
3 4
5 RESOLUTION NO. 2025-36

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

APPROVING THE IMPOSITION OF A SPECIAL ASSESSMENT ON THE PARCEL OF REAL PROPERTY AT ASSESSOR’S PARCEL NUMBERS 061-141-030-000 & 054-271-330- 6 000.
7 8 WHEREAS, the City of Yreka (“City”), a municipal corporation, has jurisdiction over the parcel 9 of real property located at 897 Shasta Avenue, Yreka, California 96097, Assessor’s Parcel 10 Numbers 061-141-030-000 & 054-271-330-000 (“Nuisance Property”). 11 12 WHEREAS, pursuant to California Constitution Article 11 Section 7, the City may make and 13 enforce ordinances and regulations not in conflict with general laws. 14 15 WHEREAS, California Government Code sections 38771, 38773.1, and 38773.5, and other laws, 16 authorize the City to enact ordinances establishing what constitute public nuisances, procedures for 17 abating nuisance conditions, procedures for recovery of all costs and attorney fees related to 18 abatement of nuisances, and procedures for collection of civil penalties. 19 20 WHEREAS, the aforementioned laws authorize a city legislative body to establish a procedure to 21 use special assessments to collect nuisance abatement costs and administrative costs. 22 23 WHEREAS, pursuant to Yreka Municipal Code (“YMC”) section 1.14.050(C), any nuisance 24 condition or violation of the YMC may subject the responsible party to a fine, and that fine may be 25 enforced by imposition of a special assessment upon the real property. 26 27 WHEREAS, the City recognizes that responding to and abating public nuisances and other 28 violations of law, including the YMC, is costly to the public, time-consuming, and burdensome. 29 30 WHEREAS, recovery of fines and costs from parties responsible for violating applicable laws and 31 maintaining public nuisances will enable the City to make the public whole and replenish resources 32 needed to meet the increasing demands on code enforcement and public services. 33 34 WHEREAS, the City Council has determined it would be in the best interest of the City to approve 35 and authorize the action outlined in this Resolution. 36 37 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY 38 RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
39 40 Section 1. The City is entitled and hereby authorized to recover all nuisance abatement and 41 administrative costs related to, arising out of, or incurred by the City as a result of any nuisance 42 abatement action. Each responsible party shall be jointly and severally liable to the City and for 43 the City’s incurred costs including, but not limited to, all administrative expenses, administrative 44 fines, civil fines, penalties, staff time, variable costs, fixed costs, inspection costs, investigation 45 costs, enforcement costs, abatement costs, litigation fees, litigation costs, costs for hearings and 46 hearing officers, attorney fees and costs, and all other costs and expenses related to, arising out of, 47 or incurred by the City relating to any nuisance abatement action.

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48 49 Section 2. The City Council hereby finds and determines that the City is authorized to use any and 50 all legal means to collect administrative fines and nuisance abatement costs, including, but not 51 limited to, personal liability, Franchise Tax Board intercept, personal property liens, real property 52 abatement liens, and special assessments.
53 54 Section 3. The Council hereby finds and determines that the foregoing recitals are true and correct 55 in regard to the Nuisance Property.
56 57 a) Nuisance Property. The Nuisance Property is in a dangerous, unsafe, and substandard 58 condition that is detrimental to the health, safety, and welfare of the public. The City has 59 taken administrative action against the Nuisance Property to notify its owners of the 60 property condition and enforce compliance with State and local laws. 61 62 1) The Nuisance Property is an approximately 17-acre parcel of land on which there 63 exists a single-family residential structure (“Structure”). The Structure is currently 64 abandoned, boarded up, and left in a state of partial construction. A building permit 65 was issued by the City for the construction of the Structure in 2004, but the permit 66 was ultimately voided due to no final inspection being conducted. Currently, the 67 Structure sits unoccupied and dilapidated, creating a potential fire hazard and a 68 visual blight to the community.
69 70 2) The exterior portion of the Nuisance Property contains an abundance of tall grass, 71 weeds, and other dry vegetation which pose a significant fire hazard to the 72 community. The Yreka Fire Department has inspected the Nuisance Property and 73 concluded that it is a substantial fire risk to the surrounding community due to the 74 copious quantities of dry plant material and lack of regular maintenance. 75 76 3) The Nuisance Property also contains unsightly and potentially hazardous 77 conditions including excessive amounts of trash and debris located around the 78 Structure, as well as abandoned and broken construction equipment. These 79 conditions are harborages for rats and other vermin, are hazardous to individuals 80 (particularly children) who might wander onto the Nuisance Property, and are a 81 visual blight to the community.
82 83 4) The recorded title holders of the Nuisance Property are Ward L. Hansen and 84 Michico Hansen (“Owners”). Owners do not reside on the Nuisance Property and 85 have a primary listed address in the City of San Jose, California. 86 87 5) On December 19, 2024, City code enforcement personnel (“Code Enforcement”) 88 issued a Code Violation Courtesy Notice to Owners informing them of the 89 unlawful conditions (“Nuisance Conditions”) on the Nuisance Property and 90 requesting voluntary abatement of the Nuisance Conditions. Code Enforcement 91 re-inspected the Nuisance Property on February 13, 2025 and observed that the 92 Nuisance Conditions were still present.
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94 6) On March 18, 2025, Code Enforcement issued and served upon Owners an 95 Administrative Citation Notice of Violation (“Citation”) which identified all 96 Nuisance Conditions present on the Nuisance Property, assessed an Administrative 97 Fine (“Fine”) in the amount of $100 per day that the Nuisance Conditions 98 persisted, and set a Compliance Deadline of April 18, 2025 by which the Nuisance 99 Conditions had to be corrected to avoid payment of the Fine. Code Enforcement 100 subsequently inspected the Nuisance Property on May 19, 2025 and observed that 101 all Nuisance Conditions were still present.
102
103 7) On May 20, 2025, Code Enforcement issued and served upon Owners an 104 Administrative Fine Invoice (“Invoice”) imposing the previously assessed Fine in 105 the amount of $6,300.00. This figure was calculated by taking the daily $100 Fine 106 amount and multiplying it by 63 days of existing Nuisance Conditions (March 18 107 – May 19). The Invoice provided a Payment Deadline of June 19, 2025 by which 108 the Fine had to be paid, as well as a Hearing Request Deadline of June 4, 2025 by 109 which Owners had to file any request for a hearing disputing the Invoice or the 110 Fine amount.
111
112 8) To date, Owners have not paid the Fine, nor did they ever request a hearing to 113 dispute the Citation, the Invoice, or the Fine. As such, the Invoice and Fine amount 114 are final, and Owners have: (1) waived their right to dispute the Invoice or Fine; 115 (2) admitted to their liability for the Fine; (3) admitted to the City’s right to secure 116 the Fine as a Special Assessment Tax Lien against the Nuisance Property; and (4) 117 failed to exhaust their administrative remedies.
118
119 Section 4. The City Council directs as follows:
120
121 a) A special assessment in the amount of $6,300.00 shall be imposed upon the Nuisance 122 Property and submitted to the County Assessor to be assessed on the property tax rolls for 123 the Nuisance Property to be collected with the same priority as other property taxes. 124
125 Section 5. It is further resolved that if any section, subsection, part, clause, sentence, or phrase of 126 this Resolution or application thereof is for any reason held to be invalid or unconstitutional by a 127 decision of any court of competent jurisdiction, the validity of the remaining portions of this 128 Resolution, and the application thereof, shall not be effected thereby but shall remain in full force 129 and effect, it being the intention of the City Council to adopt each and every section, subsection, 130 part, clause, sentence, and phrase regardless of whether any other section, subsection, part, clause, 131 sentence, or phrase, or the application thereof, is held to be invalid or unconstitutional. 132
133 Section 6. The City Manager, the Chief of Police, and all other proper officers and officials of the 134 City are hereby authorized and directed to execute such other agreements, documents, and 135 certificates, and to perform such other acts and deeds, as may be necessary or convenient to affect 136 the purposes of this Resolution and the transactions herein authorized. 137
138
139
140
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141
142 Passed and adopted this 7th day of October 2025, by the following vote:
143
144 AYES:
145 NAYS:
146 ABSENT:
147 ABSTAIN:
148
149 ________________________
150 Colleen Baker, Mayor
151
152 Attest:__________________
153 Cyndy Prohaska, City Clerk
154
155
156
157
158
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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM:

PREPARED BY:

John Elsnab, Interim City Manager
John Elsnab, Interim City Manager
AGENDA TITLE: Discussion/Possible Action – Direct the City Manager to Sign a One-Year Contract Extension with Yreka Transfer L.L.C. for Continuing Solid Waste Collection Within the City of Yreka.

MEETING DATE: October 07, 2025
Background
Yreka Transfer L.L.C. has served the City of Yreka’s needs for waste hauling for nearly 30 years. Yreka Transfer performs waste hauling of household garbage, including paper goods, glass containers, plastics, green waste, as well as other recyclables, which are transported to the local transfer station located on Oberlin Road.

The current contract for Yreka Transfer became effective on November 1, 2020, and is set to expire on October 31, 2025. Staff believes amending the contract for one additional year is in the best interest of the City to continue with waste hauling services. The proposed contract amendment would be effective November 1, 2025, and end on October 31, 2026, unless further extended by the direction of the City Council.

After the one-year extension with Yreka Transfer is approved by the City Council, the City is planning to conduct a Prop 218 rate study. The study will assist the City and Yreka Transfer with determining future rates for solid waste service. The Prop 218 rate study will be brought back to Council at a future meeting for further discussion.

Fiscal Impact:

No fiscal impact
Recommendation and Requested Action:

Direct the City Manager to Sign a One-Year Contract Extension with Yreka Transfer L.L.C. for Continuing Solid Waste Collection Within the City of Yreka.

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Approved by: __________________________________
John Elsnab, Interim City Manager
Attachments:
• Contract Amendment with Yreka Transfer L.L.C.

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FRANCHISE AGREEMENT AMENDMENT
between

CITY OF YREKA
and
YREKA TRANSFER L.L.C
_____________________________________________________________________________________ This Amendment (“Amendment”) is made effective as of November 1, 2025, by and between the City of Yreka, a municipal corporation, hereinafter referred to as the “City” and YREKA TRANSFER L.L.C. (“Contractor”).

RECITALS
WHEREAS, the parties entered into a Franchise Agreement dated October 15, 2020, (the “Agreement”), granting the Franchisee the right to operate a solid waste hauling franchise; WHEREAS, the parties wish to extend the term of the Agreement for an additional one (1) year period;
NOW, THEREFORE, the parties agree as follows:

1. Extension of Term
The term of the Franchise Agreement is hereby extended for one (1) year, commencing on November 1, 2025, and ending on October 31, 2026, unless earlier terminated in accordance with the Agreement.

2. Continuing Effect
Except as modified herein, all terms and conditions of the current Franchise Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.

CITY YREKA TRANSFER, L.L.C.

City of Yreka City
A Municipal Corporation

John Elsnab, Interim City Manager Karen A. Eller, Manager DATE: DATE:

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Introduction of Proposed
Cannabis Ordinance Update
Date: October 7, 2025
To: City Council
From: Juliana Lucchesi, AICP, Assistant City Manager
Subject: Public Hearing: Introduction and First Reading of an Ordinance to Amend Titles 5, 9, and 16 of the Yreka Municipal Code to allow non-storefront retail medicinal cannabis delivery Attachments: 1. Ordinance No. ___ “An Ordinance Of The City Council Of The City Of Yreka, California, Adding Chapter 5.30 “Cannabis Business Activities” To Title 5 “Business Regulations And Licenses” To Regulate Medicinal Cannabis Non-Storefront Retail
Businesses; Amending Chapter 16.100 “Medical Marijuana
Distribution Facilities”; Amending Chapter 9.25 “Medical Marijuana Distribution Facilities”; Amending Chapter 9.26 “Medical Marijuana Cultivation, Distribution And Delivery Prohibited”; Amending Chapter 9.27 “Non-Medical Marijuana Cultivation Regulation and the Prohibition of Commercial Cannabis Activity, Manufacture, Testing, Dispensing, Sales, Distribution and Delivery Within All Zoning Districts in the City of Yreka”; and Finding This Action Is Exempt From The California Environmental Quality Act (CEQA) Pursuant To CEQA Guidelines Section 15378.”
Summary:

The City of Yreka applied for and received a Retail Cannabis Licensing Program Grant from the Department of Cannabis Control (DCC) to update the City’s cannabis related ordinances to meet new state mandates surrounding medicinal non-retail storefront licensing. The city staff with the assistance of SCI Consulting, City Contractor, conducted public outreach related to cannabis uses and licensing and prepared proposed changes to the City’s ordinance to address the public outreach, council direction, and meet the new state mandates. City Staff seek public and Council input on the proposed direction of the final ordinance changes prior to the presentation of a first reading of the ordinance.

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Background:

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

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

The City engaged SCI Consulting Group (“SCI”) to assist with implementation of the grant, conduct public engagement and outreach, and in establishing the retail cannabis licensing framework. SCI provided the City with an outreach campaign and draft cannabis ordnance changes based on the public feedback, council direction at the December 3, 2024 meeting, and state required changes.

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

The outreach campaign included multiple components: an online survey, an inperson community meeting on September 11, and a virtual meeting on October

10. SCI Consulting Group developed the community survey to gather input from local residents on potential amendments to Yreka’s cannabis ordinances.

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

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

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

Cannabis Ordinance Amendments
At the December 4, 2024, City Council meeting, the City Council gave staff direction to move forward with minimal changes to the content of the existing cannabis ordinances within the Yreka Municipal Code. The City Council gave direction to only allow the state mandated medicinal non-retail storefront cannabis which would allow a facility to store medicinal cannabis products and delivery them throughout the community to qualified medicinal cannabis users.

At the September 16, 2025, City Council meeting, the City Council reviewed the proposed amendments to the City of Yreka Municipal code to allow nonstorefront retail medicinal cannabis delivery. The City Council gave staff direction to make three amendments:

1. Amend the delivery hours to match pharmacy hours in the City of Yreka.

There are several pharmacies within the City with closing hours ranging from 6:00PM to 8:00PM. 8:00 PM was the most common closing time for pharmacies in the City of Yreka. The original closing time for cannabis delivery was 9:00 PM. That time has been reduced to 8:00 PM to satisfy the City Council’s direction.

2. Reduce the technical assistance hours for the Social Equity Program from five (5) hours to three (3). This change has been made

3. Remove the fee waiver option for social equity applicants.

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State law on the operating hours for cannabis facilities restricts hours of operation to between 6 a.m. and 10 p.m. Further limitation of those hours is justified here to hours similar to a similar use (pharmacies) for several reasons. First, delivery services are the subject of targeted criminal activity, with drivers carrying valuable products making them potential targets for robbery. Focusing the hours of delivery to an earlier closing time will allow for better policing of this threat to public safety.

Additionally, limiting the delivery to earlier hours in the day will assist with potential for impaired driving. It also assists with the ability for local regulatory control and compliance with regulations.

Though the terms of the Retail Cannabis Licensing Program Grant received by the City from the DCC requires that we consider financial assistance to equity businesses, this requirement will be met at the time the fee resolution is considered by the Council. The fee resolution will be brought back at a later date once the total program costs are known and approved by Council by resolution.

Discussion on Proposed Changes:

There are three titles within the Yreka Municipal Code that require changes to accommodate the new state standard which allows for the establishment of medicinal non-retail storefront medicinal cannabis uses. A medicinal non-retail storefront use is a cannabis facility that is not open to the public and does not allow onsite purchases. The medicinal non-retail storefront is allowed to deliver cannabis products. The City Council has given direction to limit the medicinal non-retail storefront uses further by only allowing the delivery and offsite sale of medicinal cannabis to qualified consumers.

Titles 5, 9, and 16 contain sections that pertain to the regulation, zoning, and operations of cannabis-based business that need to be amended to meet the minimum state standard.

Zoning for Cannabis Facilities
Prior to the proposed amendments, all cannabis uses were prohibited. Therefore, no zoning designations are identified as areas where cannabis uses can exist.

Since the proposed amendments would only allow medicinal non-retail storefront, the majority of cannabis uses will still be without zoning designations until the City Council wishes to move forward with allowing those other uses.

A review of the existing zoning code shows that medicinal non-retail storefront is similar to uses in the Downtown Commercial (C-2), Commercial Highway (CH), and the Light Industrial (M-1) zones. Medicinal non-retail storefront uses would be required to apply and receive a cannabis business permit prescribed in the proposed ordinances prior to operation. The use would also be subject to all other Yreka City Council Agenda
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applicable municipal code sections related to business operations and site development.

The medicinal non-retail storefront use relies only on delivery for sales; therefore, it is recommended to prohibit this use in the downtown Historic District of the city that is better served by active uses. Active uses are those that rely on and encourage foot traffic.

It should be noted that cannabis uses are not allowed within 600 feet of sensitive uses such as youth centers, schools, and commercial daycares. This section within the proposed ordinance amendments to ensure compliance with state minimum standards.

Existing Code Audit and Clean-up
The Yreka Municipal Code Chapters 9.25, 9.26, and 9.27 are cleaned up in the proposed ordinance, but keep the initial intent of prohibiting all cannabis uses; except the medicinal non-retail storefront use. In addition to amending these chapters to allow the minimum standard, there are amendments to modernize the code to meet current best practice. Examples of modernization can be found in the definitions section of the proposed ordinance amendment.

Additional non-substantive clean-up has been done to address the change in usage of the term “marijuana” used in Chapters 9.25, 9.26, and 9.27 with the more contemporary term “cannabis”.

Cannabis Business Permitting
The proposed amendments to the Titles 5 and 9 create a permitting system to allow staff clear direction on permitting processes within the city. The proposed amendments are broad in language to address cannabis uses as whole, but the only allowed use upon passage of these amendments would be the medicinal non-retail storefront. The broad language and direction would create a clear, legal process for cannabis business applicants that can be used in the future if the City Council wishes to expand the types and number of cannabis uses within the city. Creating a permitting system in this fashion would lead to less costs in the future if the City Council wishes to permit new uses.

The use of a broad permitting system would also reduce costs in the long-run for the City. City staff are charged with implementing the permitting process prescribed in the municipal code. Continuously changing processes would lead to more training of staff and applicants and updating application documents to ensure they meet the new system. Creating a single broad system would prevent Yreka City Council Agenda
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major changes to the process that would require the expenditure of funds on staff training and application documentation updates.

Environmental Review:

The proposed cannabis ordinance amendments is covered by the “common sense” exemption under the California Environmental Quality Act (CEQA). These amendments are exempt from the CEQA because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment (CEQA Guidelines §15061 (b)(3)) and will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines § 15060(c)(2)).

Fiscal Impact:

There is no fiscal impact to the City of Yreka. The costs associated with public outreach and ordinance updates are funded through the Retail Cannabis Licensing Program Grant.

Public Review Period and Public Comments:

The City of Yreka Planning Commission is unable to meet and confer on planning and zoning items due to a lack of quorum. Instead of a Planning Commission meeting, a planning forum was held to present the proposed changes to the cannabis ordinance and collect public input during the regular Planning Commission date and time; September 17, 2025, 6:00 PM.

In attendance at the public forum were Janice Osborn, Louise Gliatto, DawnMarie Autry, Lorenzo Love, and Steven Radford. Below are their summarized comments with staff responses that were given in the forum for City Council consideration. City Staff responses are bolded to highlight staff response to questions.

Janice Osborn: Some jurisdictions have done nothing on Senate Bill 1186, why is Yreka doing anything? Against equity drivers. Can we send the money back? Is delivery happening? It is better to give the money back.

This is hogwash and ridiculous.

City Staff explained that SB 1186 is a state law that went into effect on January 1, 2024, which applies to all city and county jurisdictions. The City of Yreka is updating their ordinances to ensure compliance with new state law and to outline a process for permitting in the circumstance that an application is received for a cannabis activity. City Staff did not address sending the grant monies back since the item on the forum agenda concerned the proposed cannabis ordinance changes. City Staff do not Yreka City Council Agenda
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collect nor are aware of a public database which collects statistics on cannabis delivery within city limits.

Lousie Gliatto: Presented her interpretation of Senate Bill 1186. Stated that she called and can get cannabis delivered to the City of Yreka now; therefore, does not feel we need these changes. Does the cannabis industry use banks?
City Staff confirmed that cannabis business can bank and do bank with various financial institutions such as credit unions and state-chartered banks.

DawnMarie Autry: Does the three permits mean three facilities? Why can’t we have one. If there are three permits taken, then where can they go.

Can these cannabis businesses buy or rent properties. Will the vehicles have signage?
City Staff clarified that the proposed cap of three permits would be to three different facilities. One facility cannot have more than one permit under these proposed changes. City Staff clarified why it is not professionally advisable to reduce the permit cap lower than three permits. Cannabis businesses can either rent or buy property. City Staff clarified that vehicles transporting cannabis products must meet state law on identification which prohibits the use of signage to ensure discretion and reduce the chance of robberies.

Lorenzo Love: Will the facilities be allowed to have signage? Section 5.30.320(H) of the proposed cannabis ordinance outlines the requirements for signage for cannabis business. This section prohibits the use of cannabis or cannabis product graphics on the exterior of the building and holds business signage to the same standards in Title 13 “Signs” which applies throughout the city.

Steven Randford: This whole thing is ridiculous. How far do we have to go with the homeless, drugs, and instill cannabis factories and stores? I am so sick and tired of this county going downhill. I have seen this go downhill. This place is pathetic. There is a lady under the bridge with a stroller. I called in about a drug action with a note. This is about the drug and low life stuff. The police don’t have time for us. It is ridiculous. The cannabis stuff is lethal.

This commenter did not present any questions; therefore, City Staff provided no response.

Recommended Actions:

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1. Open the public hearing

2. Close the public hearing

3. Motion to introduce and waive the full reading of an ordinance to Amend Titles 5, 9, and 16 of the Yreka Municipal Code to allow nonstorefront retail medicinal cannabis delivery (Attachment 1)

4. Read following ordinance by title only:
“An Ordinance Of The City Council Of The City Of Yreka, California, Adding Chapter 5.30 “Cannabis Business Activities” To Title 5 “Business Regulations And Licenses” To Regulate Medicinal Cannabis NonStorefront Retail Businesses; Amending Chapter 16.100 “Medical Marijuana Distribution Facilities”; Amending Chapter 9.25 “Medical Marijuana Distribution Facilities”; Amending Chapter 9.26 “Medical Marijuana Cultivation, Distribution And Delivery Prohibited”; Amending Chapter 9.27 “Non-Medical Marijuana Cultivation Regulation and the Prohibition of Commercial Cannabis Activity, Manufacture, Testing, Dispensing, Sales, Distribution and Delivery Within All Zoning Districts in the City of Yreka”; and Finding This Action Is Exempt From The California Environmental Quality Act (CEQA) Pursuant To CEQA Guidelines Section 15378.”
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ORDINANCE NO. ___________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YREKA,
CALIFORNIA, ADDING CHAPTER 5.30 “CANNABIS BUSINESS
ACTIVITIES” TO TITLE 5 “BUSINESS REGULATIONS AND LICENSES”

TO REGULATE MEDICINAL CANNABIS NON-STOREFRONT RETAIL
BUSINESSES; AMENDING CHAPTER 16.100 “MEDICAL MARIJUANA
DISTRIBUTION FACILITIES”; AMENDING CHAPTER 9.25 “MEDICAL MARIJUANA DISTRIBUTION FACILITIES”; AMENDING CHAPTER

9.26 “MEDICAL MARIJUANA CULTIVATION, DISTRIBUTION AND
DELIVERY PROHIBITED”; AMENDING CHAPTER 9.27 “NONMEDICAL MARIJUANA CULTIVATION REGULATION AND THE

PROHIBITION OF COMMERCIAL CANNABIS ACTIVITY,

MANUFACTURE, TESTING, DISPENSING, SALES, DISTRIBUTION AND

DELIVERY WITHIN ALL ZONING DISTRICTS IN THE CITY OF
YREKA”; AND FINDING THIS ACTION IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT
TO CEQA GUIDELINES SECTION 15378.

WHEREAS, this article is adopted pursuant to the authority granted to the City by Section 7 of Article XI of the California Constitution, California Government Code sections 50022.1-50022.8 and 50022.10, Title 4, Division 19 of the California Code of Regulations, and the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”); and

WHEREAS, the California Legislature passed SB 1186 (Weiner) which affective January 1, 2024, prohibits cities from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner; and WHEREAS, provisions in the Yreka Municipal Code require revision to comply with this provision; and
WHEREAS, the City Council approved application for a grant to draft such revisions to the Yreka Municipal Code, and such grant was awarded to the City; and WHEREAS, City Staff reviewed the proposed ordinance changes for compliance with the California Environmental Quality Act (“CEQA”) and found that the proposed ordinance changes are not subject to environmental review pursuant to CEQA Guidelines Section 15378. CEQA Guidelines Section 15378(b)(2) and (5) exclude "administrative activities of governments that will not result in direct or indirect physical changes to the environment" from its definition of "project.".

THE CITY COUNCIL OF THE CITY OF YREKA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council finds the foregoing recitals and their findings to be true and Yreka City Council Agenda
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correct, and hereby incorporates such recitals and their findings into this ordinance.

SECTION 2. Amendment of Title 5 “Business Regulations” Chapter 5.30“Cannabis Business Activities” is added to Title 5 “Business Regulations and Licenses” of the Yreka Municipal Code to read as follows:

Chapter 5.30 Cannabis Business Activities

5.30.010 Purpose and Intent
It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of medically ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same by establishing a local permit system for such businesses to address sensible regulations to protect the City's residents, neighborhoods, and businesses from disproportionately negative impacts . It is also the purpose and intent of this Chapter to provide access to medicinal cannabis for persons aged 18 and over as authorized by the MAUCRSA. It is the purpose and intent of this Chapter to regulate the commercial sale, delivery and testing of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City and to enforce rules and regulations consistent with state law through a local permit system.

5.30.020 Definitions
The following are definitions of terms used in this chapter:
"Applicant" means a person or entity that submits an application for a annabis business permit under this Chapter.
“Authorized” means allowed by and properly obtaining all required licenses, permits, approvals, and any other required review based on all applicable federal, state, and local laws, regulations, and codes.
“Cannabis” hasthe same meaning as that appearing in Business and Professions Code Section 26001. “Cannabis” means all parts of the plant cannabis sativa Linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

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"Cannabis business permit" means a regulatory permit issued by the City pursuant to this Chapter, to a commercial annabis business and is required before any commercial cannabis activity may be conducted in the City.
"Cannabis business permittee" or "bermittee" means a person or entity that has received a cannabis business permit from the City as authorized under this Chapter. “Cannabis product” has the same meaning as in Section 11018.1 of the Health and Safety Code. “Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
"City" means the City of Yreka, California.
"City manager" means the City of Yreka, city manager, or their designee. "Medicinal commercial cannabis business" or "mediincal cannabis business" means any business or operation which engages in medicinal or medical commercial cannabis activity authorized by this Chapter.
“Commercial cannabis activity” has the same meaning as in Section 26001 of the Business and Professions Code. “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products. “Medicinal commercial cannabis activity” or “medical commercial cannabis activity” is commercial cannabis activity related to medicinal cannabis or medicinal cannabis product. “Cultivation” has the same meaning as in Section 26001 of the Business and Professions Code. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, or school age child care centers, and child care centers licensed by the California Department of Social Services. "Delivery'' shall have the same meaning as that appearing in Business and Professions Code Section 26001. “Delivery” means the commercial transfer of cannabis or cannabis products to a customer.
"Dispense” means any activity involving the retail sale of cannabis or cannabis products from a retailer.

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“Distribution” has the same meaning as in Section 26001 of the Business and Professions Code. “Distribution” or “distribute” means the procurement, sale, and transport of cannabis and cannabis products between licensees.
“Distribution” has the same meaning as in Section 26001 of the Business and Professions Code. “Distributor” means a cannabis business that is authorized to engage in the distribution of cannabis and cannabis products.
"Limited-access area" means an area in which cannabis is stored or held and is only accessible to a permittee and authorized personnel.
"Local Agency" means county, city, or city and county.
“Manufacture” has the same meaning as in Section 26001 of the Business and Professions Code. “
"Medicinal cannabis" or "Medicinal cannabis product" means 1) the same meaning as in Section 26001 of the Business and Professions Code, or 2) cannabis or a cannabis product, respectively, intended to be sold or donated for use a) pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation, or
b) in compliance with any compassionate use, equity, or other similar program administered by the city .
"Medicinal non-storefront retailer (delivery only)" means a business premises that is not open for public access and provides medicinal cannabis and medicinal cannabis products to customers solely by means of a delivery service which the retailer owns and controls. The physical location and premises of the medicinal non-storefront retailer shall only be used for delivery purposes and be closed to public access.
"Owner" means any of the following:

A. a person with an aggregate ownership interest of 5 percent or more in the cannabis business, unless the interest is solely a security, lien or encumbrance; or B. an individual who manages, directs, or controls the operations of the commercial cannabis business, including but not limited to:
a. A member of the board of directors of a nonprofit.
b. A general partner of a cannabis business that is organized as a partnership. c. A nonmember manager or manager of a cannabis business that is organized as a limited liability company.
d. The trustee(s) and all persons who have control of the trust and/or the cannabis Yreka City Council Agenda
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business that is held in trust.
e. An individual with the authority to provide strategic direction and oversight for the overall operations of the commercial cannabis business, such as the chief executive officer, president or their equivalent, or an officer, director, vice president, general manager or their equivalent.
f. An individual with the authority to execute contracts on behalf of the cannabis business.

C. When an entity or person is an owner in a cannabis business, all entities and individuals with a financial interest in the entity with aggregate ownership interest of 5 percent or more in the cannabis business shall be disclosed to the city and shall be considered owners of the cannabis business. The following shall be shall disclosed to the city and shall be considered owners of the cannabis business: chief executive officer, members of the board of directors, partners, trustees and all persons who have control of a trust and managing members or nonmember managers of the entity. Each person or entity disclosed as having a financial interest greater than 5% must disclose the identities of persons holding financial interests until only individuals remain as the names of disclosed parties, i.e., all members of an LLC/LLP/Partnership, etc., shall be disclosed.
"Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
"Physician's recommendation" has the same meaning as in Section 26001 "Physician's recommendation" means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code. "Premises" has the same meaning as in Section 26001 of the Business and Professions Code. “Premises” means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises for purposes of this code shall be a contiguous area and shall only be occupied by one licensee. "Retailer" or "Storefront Retailer" has the same meaning as “Retailer” in Section 26001 of the California Business and Professions Code and shall mean any establishment which engages in the retail sale of cannabis at a fixed location. The definition of retailer or storefront retailer shall not include a properly permitted medicinal non-storefront retailer (delivery only) as defined in and properly operating under this chapter.
"State Agency" includes every state office, officer, department, division, bureau, board and commission.

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“State license” means any license required by the state of California for the operation of a cannabis business, including but not limited to licenses issued under Division 10 of the Business and Professions Code.
"Testing Laboratory" means a laboratory, facility or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; and (2) licensed by the State Department of Cannabis Control. "Youth center" means any public or private facility that is used for any of the following purposes:

A. Public or private parks,
B. Hosting recreation or social activities for minors, more than one hour per week, C. Licensed or unlicensed day care facilities for 3 or more children requiring a business license issued by the city,
D. Private youth membership organizations or clubs,
E. Social service teenage club facilities,
F. Video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or G. Amusement park facilities.

5.30.030 Legal Authority
This Chapter is adopted pursuant to the authority granted to the City by Section 7 of Article XI of the California Constitution, Sections 50022.1-50022.8 and 50022.10 of the California Government Code, Title 4, Division 19 of the California Code of Regulations, and the provisions of the MAUCRSA.

5.30.040 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter
Except as specifically authorized by this Chapter and Chapter 16.100, commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution, or transportation, of cannabis or cannabis products is expressly prohibited in the City.

5.30.050 Compliance with State and Local Laws and Regulations It is the responsibility of the owners and/or operators of any Commercial Cannabis Business within the City limits to ensure that they operate in a manner compliant with this Chapter, all applicable state and local laws, and any regulations promulgated thereunder, including but not limited to the MAUCRSA.

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5.30.060 Cannabis Business Permit Required to Engage in Cannabis Business Activity
A. No person may engage in any Cannabis Business within the City, including cultivation, manufacture, processing, laboratory testing, distributing, dispensing, or sale of cannabis or a cannabis product, unless the person meets all of the following requirements:

1. Possess a valid Cannabis Business Permit from the City;

2. Possess a valid Business Tax Certificate from the City;

3. Possess a valid State of California Seller's Permit and all other applicable required licenses and permits from the State of California;

4. In in compliance with this Chapter and Chapter 16.100; and

5. Is currently in compliance with all applicable state and local laws and regulations pertaining to the Cannabis Business and the cannabis activities, including the duty to obtain any required state licenses.

B. It shall not be a violation of this Code for an agent of a state agency, as defined in Section 1100 of the Government Code, or a local agency, as defined in Section 50001 of the Government Code, to possess, transport, or obtain cannabis or cannabis products as necessary to conduct activities reasonably related to the duties of the state or local agency.

5.30.070 Cannabis Owners Criminal Background
A. Any person who is an owner or who otherwise works within a Cannabis Business must be legally authorized to do so under applicable state law.

B. Cannabis Business owners and anyone who otherwise works within a Cannabis Business shall be required to:

1. Submit to a criminal background check by the Yreka Police Department for themselves.

2. Complete a criminal background check prior to issuance or transfer of a Cannabis Business Permit.

C. The City shall conduct criminal background checks which must, at a minimum, identify the following:

1. Whether the owner has ever been convicted of a violent felony as defined by California Penal Code 667.5 or equivalent offense in other states; Yreka City Council Agenda
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2. Whether the owner has ever been convicted of a serious felony, as defined by California Penal Code 1192.7 or equivalent offense in other states;

3. Whether the owner has ever been convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;

4. Whether the owner has ever been convicted of a felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code; or

5. Whether the owner has ever been convicted of a felony involving fraud, deceit, or embezzlement.

D. Evidence of a conviction of any the offenses enumerated in Section 5.30.070(C) of this Code shall be grounds for denial or revocation of a Cannabis Business Permit, and/or employment with a Cannabis Business permittee in the City of Yreka.

5.30.080 Persons Prohibited from Holding a Permit or from Employment with a Cannabis Business Permittee
Any person is prohibited from holding or maintaining a Cannabis Business Permit, or from being employed at a Cannabis Business, if any of the following apply:

A. A criminal background check demonstrates the applicant has committed any of the crimes identified in Section 5.30.070(C);
B. In the past five years, the applicant has been denied a state cannabis license or permit, or has had a cannabis license or permit suspended or revoked by any city, county, city and county or any other state cannabis licensing authority, except if a license or permit was denied due to the fact that a limited number of licenses or permits was issued by a local jurisdiction, or the denial was based on cannabis related criminal offenses that are no longer criminal offenses under California State law; C. In the past five years, the applicant was notified by the state, county, or city that it was conducting commercial cannabis activity in violation of city ordinances, codes, and requirements, and failed to cure the violation in a timely manner; D. Evidence that the applicant is delinquent in payment of federal, state, or local taxes and/or fees, and took no steps to cure the delinquency when notified by the appropriate agencies;
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E. The applicant is prohibited by state law from obtaining a state license or permit related to commercial cannabis; and
F. The applicant, or any of its officers, directors, owners, managers, or employees are under 21 years of age.

5.30.090 Maximum Number and Type of Authorized Cannabis Businesses Permitted
This section is intended to create a maximum number and types of Cannabis Businesses that may be issued permits to operate in the City.

A. The following cannabis license types and maximum number are authorized to operate in the City of Yreka:

1. Medicinal Non-Storefront Retailer (Delivery Only); Maximum number: 3.

B. Cannabis license types not identified in Section 5.30.090(A) are prohibited from obtaining a Cannabis Business Permit in the City of Yreka.

C. No more than the number of permits identified in subsection A shall be issued without amendment of such subsection by the City Council. Any permit issued in excess of the number of permits identified in this subsection without the formal revocation by City Council of a previously-issued permit shall be null and void.

D. Social Equity Accommodations

1. To promote equity and support communities disproportionately impacted by past cannabis enforcement policies, applicants qualifying as a Social Equity Applicant, as defined section 5.30.420 may request one of the following accommodations:
i. Fee waiver: waiver of application fee due pursuant to section

5.30.120.C;
ii. Technical assistance: assistance from staff (up to 3 hours) to assist with filing an application required pursuant to section 5.30.130; or iii. Priority: advancing application in priority to first application reviewed, regardless of order in which application was submitted.

2. The following shall apply to Applicants asserting Social Equity Accommodation pursuant to 5.30.90.D.1:
i. Applications requesting Social Equity Accommodation shall be considered in the order in which they are received;
ii. An applicant qualifying as a Social Equity Applicant pursuant to Yreka City Council Agenda
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section 5.30.420 shall only be allowed one accommodation listed under section 5.30.90.D.1;
iii. Request for accommodation pursuant to section 5.30.90.D.1.i and iii shall be made at time of submission of application and qualifications for basis for consideration as a Social Equity Applicant under section

5.30.420 shall be made on the cover of the application, and shall be based on the information received at time of Application. A request for technical assistance pursuant to section 5.30.90.D.1.ii may be made prior to submission of application and reviewed for applicability by staff based on criteria in section 5.30.420.
iv. Request pursuant to 5.30.90.D.1.iii shall be available only as to one unissued permit of those identified in section 5.30.130.B.1. In the event that more than one request for priority based on social equity is made, the first applicant qualifying pursuant to section 5.30.420 shall be given that priority. In the event that the number of permits identified in section 5.30.130.B.1 is increased by future Council action, the next qualified Social Equity Applicant with an application still in filed shall be given priority for the first available permit in such increased number.

E. Modifications to the Number of Permits.

1. Each year following the City's initial award of permits, if any, or at any time in the City Council's discretion, the City Council may reassess the number of Cannabis Business Permits which are authorized for issuance and make any changes by resolution. Any increase in the number of permits authorized under

5.20.090.C shall only be made by ordinance.

2. The City Council, at its sole discretion, may determine that the number and/or types of Cannabis Business Permits should remain the same or be modified.

Any modification in the number or type of permits shall be made only by ordinance of the City Council.

5.30.100 Limitations on City's Liability
To the fullest extent permitted by law, the City of Yreka shall not assume any liability whatsoever with respect to having issued a Cannabis Business Permit pursuant to this Chapter or otherwise approving the operation of any Cannabis Business. As a condition to the approval of any Cannabis Business Permit, the applicant shall be required to meet all of the following conditions prior to receiving the Cannabis Business Permit:

A. Execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold the City of Yreka, Yreka City Council Agenda
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and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City 's issuance of the Cannabis Business Permit, the City's decision to approve the operation of the Cannabis Business or activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the Cannabis Business or any of its officers, employees or agents.

B. Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate by the City's Risk Manager.

C. Reimburse the City for all costs and expenses, including but not limited to legal fees and court costs, which the City may be required to pay as a result of any legal challenge related to the City's approval of the applicant's Cannabis Business Permit or related to the City's approval of a cannabis activity. The City, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder.

5.30.110 City's Reservation of Rights
The City reserves the right to reject any or all applications for a Cannabis Business Permit.

Prior to permit issuance, the City may modify, postpone, or cancel any request for applications, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California law. Persons submitting applications assume the risk that all or any part of the Cannabis Business Permit program, or any particular category of permit potentially authorized under this Chapter, may be cancelled at any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to a failure to comply with other requirements in this Chapter, an application may be rejected for any of the following reasons:

A. The application was received after the designated time and date of the deadline.

B. The application did not contain the required elements, exhibits, or was not organized in the required format.

C. The application did not provide all the information required in the permit application (i.e., was substantially incomplete).

D. The applicant did not comply with the requirements of this Chapter.

5.30.120 Cannabis Business Permit Application Procedures.

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A. Following the effective date of this chapter, the City Manager, pursuant to Section

5.30.350, shall, as a ministerial duty, make available the necessary forms, adopt any necessary application procedure guidelines for the submission, intake, review, and approval of applications for cannabis operations up to the maximum number of Cannabis Business Permits authorized in Section 5.30.090. Guidelines shall ensure that Applications are considered in the order in which they are received, and that Applications for Social Equity are considered in the order in which those are received.

No issuance of a permit shall be made until any application requesting priority for Social Equity Submitted at that time has been evaluated.

B. The procedure guidelines shall provide the process for soliciting applications including time frames, limitations, requirements, forms, and rules for completing applications.

C. At the time of filing, each applicant shall pay an application fee established by resolution of the City Council to cover all costs incurred by the City in the application process.

D. Only one application shall be reviewed at a time in the order received, and a determination made as to its completeness and validity pursuant to this Chapter.

5.30.130 Cannabis Business Permit Application Process.

A. Application Submission and Processing.

1. The City shall award Cannabis Business Permits on a first-come, first-served basis, subject to compliance with all applicable laws, regulations, and requirements set forth in this Chapter.

2. The City shall begin accepting applications on a date and time established by the City Manager or their designee, which shall be publicly noticed at least thirty (30) days in advance.

3. Applications shall be deemed received based on the date and time they are submitted in full, including all required documentation and fees, as determined by the City.

4. Incomplete applications will not be considered. If an application is deemed incomplete, the applicant shall be notified and may resubmit, but the resubmission date will be used to determine placement in the queue.

B. Permit Allocation .

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1. City shall review applications in the order received. City shall only review an application if a permit is available to be issued. The first three (3) fully completed applications that meet all requirements shall be awarded permits.

If a qualified application has been received requesting priority pursuant to section 5.30.90.D.1.iii, it shall be reviewed before any other applications prior to issuance of the permits identified in this paragraph. Such priority shall not apply to award of any permit relinquished or abandoned pursuant to section

5.30.190, unless that permit had been initially issued to an applicant pursuant to section 5.30.90.D.1.iii.

2. If there are fewer than three (3) qualified applicants, the City may keep any unallocated permits open for additional applications, review the total number of permits that should be issued, or reevaluate the application process as necessary.

3. After the final available permit is issued, all applicants remaining shall be notified that no further permits are available for issuance. Remaining applicants may choose to keep their application in order received or withdraw their application. If the applicant withdraws their application, the application fee shall be refunded. If the application is not withdrawn, the City will retain the application fee, and applicant shall be responsible for payment of any increase in the application fee within 7 days of notice of their application being considered in the future due to a permit becoming available. Should the payment not be received in a timely manner, the application will be considered withdrawn at that time and the fee held on account shall be returned.

C. Application Review and Final Determination.

1. Applications will be reviewed in the order they are received to confirm compliance with all City requirements, including zoning, public safety, and operational regulations. Such requirements includes this Chapter and Chapter

16.100. City shall only review an application if a permit is available to be issued

2. The City reserves the right to deny any application that does not meet legal requirements, public safety standards, or other conditions established by City ordinance.

3. If an application is denied, the applicant may appeal the decision pursuant to Section 5.30.210.

4. The ultimate number of permits shall not be issued until such time as the period to appeal by all denied applicants has lapsed or until the appeal of all Yreka City Council Agenda
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denied applications on appeal is final, and any resultant legal action is resolved as to the number of permits at issue.

D. Application Submittal Requirements.

1. A person may apply for a Cannabis Business Permit by filing an application with the Planning Department. The applicant must be an owner as defined in section 5.30.020. The application must be on a form approved by the City Manager. The application form must require all information or documentation consistent with the provisions of this chapter and state law, including but not limited to the following:
a. Payment of an application fee established by resolution of the city council to cover all costs incurred by the city in the application process.
b. Name of the applicant and their respective contact information. c. If applicable, business trade name, name of corporation, limited liability companies or limited partnership of the applicant as registered with the Secretary of State.
d. A description of the statutory entity or business form that will serve as the legal structure for the applicant and a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, certificate of amendment, statement of information, articles of association, bylaws, partnership agreement, operating agreement, and fictitious business name statement.
e. The phone number and address to which notice of action on the application and correspondence is to be mailed.
f. The name, address, verified email, telephone number, title, and function of each of the owners.
g. The name, address, verified email, telephone number, title, and function of each of person responsible for operation of the business to cover 24-hours per day, each day of the year.
h. Business Location.
i. The specific description of the proposed business location, including the street address, parcel number, and the total Yreka City Council Agenda
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square footage of the site. Prior to submitting an application, the applicant must also obtain an approved Zoning
Verification Letter from the City’s Planning Department to ensure the proposed location meets City zoning requirements, which shall be attached to the permit application. Such letter issued by the Planning Department shall be submitted by the Applicant as part of the application. It is solely the
responsibility of the Applicant to Zoning Verification Letter in a timely manner to include the Zoning Verification Letter in their application.
ii. A premise diagram of the premises that meets the
requirements of the Department of Cannabis Control Title 4, Division 19, §15006 Premises Diagram.
iii. Proof of ownership, lease agreement, or a "letter of intent" to lease premises proposed by applicant for operation of a cannabis business, executed with notarial acknowledgement, by owner of premises.
iv. If the proposed location will be leased from the property owner, the applicant shall be required to provide a signed statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the Cannabis Business on the owner’s
property.
i. A statement dated and signed by the applicant, under penalty of perjury, that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct, and that the application has been completed under the applicant’s supervision.

5.30.140 Exercise of a Cannabis Business Permit
A Cannabis Business Permit shall be exercised within twelve (12) months of receiving a permit. A Cannabis Business Permit shall be considered exercised when the permittee is operational for and lawfully conducting business under the permit.

A. If the permittee fails to exercise a Cannabis Business Permit within the timeframe established in Section 5.30.140(A), the City may revoke the permit and reallocate it to the next qualified applicant in the queue.

B. The City Manager, in their sole discretion, may extend the timeframe established in Yreka City Council Agenda
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Section 5.30.140(A) for up to a maximum of six months, if they determine that the applicant has made a good faith effort to exercise the Cannabis Business Permit within the defined timeframe.

C. A Permittee whose permit is revoked by the City Council must reapply through the standard application process and will not receive priority based on prior approval.

5.30.150 Abandonment of Permit
If the Cannabis Business has not been in regular and continuous operation in the preceding four (4) months at the permitted location, the Cannabis Business Permit shall be considered abandoned, unless mitigating circumstance occur which was beyond the control of the permittee and an extension has been authorized by the City Manager. For purposes of this section, failure to be open for business at least 10% of the days within the preceding four month period shall be evidence of failing to be in regular and continuous operation.

5.30.160 RESERVED

5.30.170 Term of a Cannabis Business Permit
All permits issued under the provisions of this chapter shall be effective for a period not to exceed one (1) year from the date of issuance. The City Manager may renew a permit through the procedures identified in Section 5.30.180 of this Code.

5.30.180 Renewal of Cannabis Business Permits
A. An application for renewal of a Cannabis Business Permit shall be filed by the Cannabis Business Permittee at least thirty (30) calendar days prior to the expiration date of the current permit.

B. The City Manager, in their sole discretion, may extend the renewal period for up to a maximum of thirty (30) days, if the Permittee was operating in good standing as of the renewal deadline specified in Section 5.30.180(A).

C. Each application for renewal shall include updated information for any part of the application that has undergone a change in circumstance since the original application or last renewal filing and shall recertify all information submitted in prior application(s).

D. The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this Chapter.

E. An application for renewal of a Cannabis Business Permit may be rejected if any of Yreka City Council Agenda
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the following exists:

1. The application is filed less than thirty (30) days before its expiration or a shorter time period which shall be at the discretion of the City Manager.

2. The Cannabis Business Permit is suspended or revoked at the time of the renewal application.

3. The Cannabis Business has not been in regular and continuous operation in the four (4) months prior to the renewal application or the approved extension of the deadline from the City Manager.

4. The Department receives an application showing any change in ownership without having followed the transfer procedure as specified in section

5.30.230.

5. The Cannabis Business has failed to conform to the requirements of the Cannabis Business Permit or this Chapter or any regulations adopted pursuant to this Chapter.

6. The permittee has unpaid fees or fines issued by the City.

7. The permittee fails or is unable to renew its State of California license.

8. If the state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of the state rules and regulations and the state has determined that the violation is grounds for termination or revocation of the Cannabis Business Permit.

F. The City Manager is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety, or welfare. Appeals from the decision of the City Manager shall be handled pursuant to this Chapter.

5.30.190 Suspension, Revocation, or Modification of Permits A. Cannabis Business Permits may be suspended, revoked, or modified for any violation of this Chapter, any state or local laws, rules, and/or any standards, policies, procedures, or regulations adopted pursuant to this Chapter relating to Cannabis Businesses.

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B. When there is determined to be an imminent threat to public health, safety or welfare, the City Manager may take immediate action to temporarily suspend a cannabis permit issued by the City.

C. A decision of the City to suspend, revoke or modify a Cannabis Permit is appealable as set forth in this Chapter.

5.30.200 Effect of State License Suspension, Revocation, or Termination A. Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the Cannabis Business Permit of the Cannabis Business. A permitee may not operate under a permit while it is suspended.

B. If the State of California or its respective department or division reinstates or reissues the State license, the Cannabis Business may seek reinstatement of its Cannabis Business Permit if the business can demonstrate that the grounds for revocation of the license by the state no longer exist or that the underlying deficiency has otherwise been cured.

C. The Cannabis Business Permittee subject to suspension shall inform the City of any suspension of a state license within ten (10) days of the suspension. Failure to properly notify the City may be grounds for revocation.

D. Revocation or termination of a license issued by the State of California, or by any of its departments or divisions, shall immediately revoke or terminate the Cannabis Business Permit of the Cannabis Business.

E. The Cannabis Business Permittee subject to revocation or termination shall inform the City of any revocation or termination of a state license within ten (10) days of the revocation or termination.

F. A Cannabis Business Permittee may appeal the immediate revocation or termination of the Cannabis Business Permit pursuant to Section 5.30.210 but may not operate pending the decision of the appeal.

5.30.210 Appeals
A. Appeals of the City Manager decision regarding any of the following shall be appealable to the city council: (1) denial of advancement to submit a cannabis business permit application; (2) revocation or suspension of a permit; (3) denial of renewal of an application for a permit; or (4) additions of conditions to a permit. Any decisions of the city council pursuant to this chapter are final and conclusive.

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B. Within 10 calendar days after the date of a decision of the city manager to revoke, suspend or deny an initial or renewed permit application or to add conditions to a permit, an applicant or permittee may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper.

C. The written appeal shall be in writing and signed by the person making the appeal (“appellant”), or their legal representative, and shall contain the following:

1. Name, address, and telephone number of the appellant.

2. Specify decisions, actions, or a particular part thereof, made that are the subject of the appeal.

3. Include a true and correct copy of the decision issued by the city manager for which the appellant is appealing.

4. State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the written appeal is based in sufficient detail to enable the city council to understand the nature of the controversy, the basis of the written appeal, and the relief requested.

5. All documents or other evidence pertinent to the written appeal that the appellant requests the city council to consider at the hearing.

6. Payment of the fee as established by resolution of the city council for such appeals.

D. Upon receipt by the city clerk of a timely filed written appeal, the city clerk shall forward such appeal to the city council, and shall schedule a hearing within thirty (30) days, or as soon thereafter as is available, and shall notify the appellant of the date, time and location of the hearing.

E. Appellant and the City may mutually agree to a hearing date scheduled outside the thirty (30) day period as long as both parties have agreed to this date in writing.

F. The City Council shall hear and consider the testimony of the appellant, the city manager, and/or their witnesses, as well as any documentary evidence properly submitted for consideration. The following rules shall apply at the appeal hearing:

1. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious Yreka City Council Agenda
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testimony may be excluded.

2. The City Manager bears the burden of proof to establish the grounds for the nonrenewal, suspension or revocation of a permit by a preponderance of evidence. Appellant bears the burden of proof regarding why they should have been allowed to apply for a cannabis business permit.

3. The issuance of the City Manager’s decision constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation.

4. The City Council may accept and consider late evidence not submitted initially with the decision of appeal upon a showing of good cause. The City Council shall determine whether a particular fact or set of facts amount to good cause on a case-by-case basis.

5. The appellant may bring a language interpreter to the hearing at their sole expense.

6. The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the City that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.

7. If the appellant, or their legal representative, fails to appear at the appeal hearing, the City Council may cancel the appeal hearing and send a notice thereof to the appellant by certified, first-class mail to the address(es) stated on the notice of appeal. The cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the city manager’s decision is final and binding.

G. Following the conclusion of the City Council hearing, the City Council shall issue a written decision within thirty (30) days that determines if the action appealed from is affirmed, modified, or overturned and specifies the reasons for the decision. The written decision of the City Council shall provide that it is final and conclusive and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review. A copy of the written decision shall be served by certified, first-class mail on the appellant. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this Chapter.

H. Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to Yreka City Council Agenda
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appeal the decision issued by the City Manager. In this event, the City Manager’s decision shall be final.

I. In the event a written appeal is timely filed, the nonrenewal, suspension, or revocation of a permit shall not become effective until a final decision has been rendered and issued by the city council. Notices of appeal not served in a timely manner or served by a nonoperational business shall not serve to allow such business to operate pending appeal.

J. If no appeal is timely filed in the event of a decision of nonrenewal, the cannabis business’s permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision supporting suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written notice of appeal.

5.30.220 Change in location
A. The location listed on the regulatory permit issued by the city is the only location from which business may be conducted within the city, Notwithstanding the foregoing or anything to the contrary in this chapter, “conducting business” shall not be interpreted to mean the exchange of products being delivered at the site of a customer within the City where such delivery is being made by a delivery service with a valid and properly issued City regulatory permit allowing such delivery.

B. If at any time, the business location from which business is being conducted as specified in the regulatory permit is conducted from another location, the permittee shall submit an updated application form to the City Manager for approval prior to the change in location.

C. The request for approval of a change of location must be made, and must be granted by the City Manager before the change of location or before the business may conduct business from a different location that what is stated on the current permit. .

D. Failure to obtain a change of location pursuant to 5.30.220.C prior to engaging in business operations at another location shall be a forfeiture of an issued permit. The City Council shall have not ability to excuse an operator for operating at another location prior to obtaining a change of location pursuant to 5.20.220.C. The only issue for review by the City Council for appeal of determination by City Manager of such decision is whether the permittee was in fact not conducting business at another location prior to obtaining written approval by the City Manager authorizing the requested change of location.

E. Each permit is valid only at the single location described on the permit. A permittee may not conduct business from a prior location not listed on a current permit but listed on a previous permit without a change of location being approved back to the former location under this process.

F. Failure to operate a business at a single location shall be grounds for immediate Yreka City Council Agenda
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termination.

G. A permittee may not conduct business from multiple locations on a single permit.

Council may not issue a single permit that has multiple locations without amending this Chapter by ordinance. Council may not amend and existing permit to include an additional location to create a single permit with multiple locations without amending this Chapter by ordinance. Council may not issue multiple permits of the same type at a single location without amending this Chapter by ordinance.

H. The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the updated application form.

5.30.230 Updated Application Form
A. Besides premises location information for a current issued permit, a party shall within fifteen (15) calendar days of any change in the information provided in the application, an issued permit, an updated application form or any change in status of compliance with the provisions of this Chapter, including any change in the Cannabis Business ownership or management members, the applicant shall file an updated application form with the City Manager for review along with an application amendment fee. The time period listed in this subsection does not apply to a change in information relating to change of location of business operations from the location listed on the current regulatory permit, which must be provided prior to change of location; the permission to operate from a different location shall be obtained prior to change of operation as required under 5.30.220.C.

B. For purposes of this section, the first day of time period indicated above shall be on the first full calendar day on which the change of information or change in status exists. The fifteenth day shall conclude at the close of business of the Office of the City Clerk for that day. In the event that such final day falls on a date on which the Office of the City Clerk is closed, due to weekend or legal holiday, or should the Office of the City Clerk not be open for any other reason through its normally established operating closing time., the deadline shall be extended through noon of the next business day which the Office of the City Clerk is open.

C. Failure to provide such information or failure to adhere to the time frames provided herein shall constitute a withdrawal of a pending application, and abandonment of existing permit. Upon determination that such situation exists, the City Manager shall take action to prosecute appropriate process to complete amendment of status of the application or permit. Neither the City Manager nor the City Council shall have the ability to excuse an operator, permittee, applicant or any other person for failing to timely comply with the timeframe expressed herein for any reason without amendment of this ordinance.

5.30.240 Transfer of Cannabis Business Permit
A. No request for transfer of ownership shall be granted prior to twenty-four (24) months Yreka City Council Agenda
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after the permittee has opened and continuously operated its Commercial Cannabis Business where such ownership interest being transferred is based on that person having an aggregate ownership interest of 20 percent or more in the cannabis business.

B. The owner of a Cannabis Business Permit shall not transfer ownership or control of the permit to another person or entity unless and until the transferee obtains an amendment to the permit from the City Manager stating that the transferee is now the permittee.

1. Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with the provisions of this Chapter (as though the transferee were applying for an original Cannabis Business Permit).

2. The proposed transferee's application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee).

3. For purposes of determining applicability of a transferee to assume an existing permit, the transferee's application will be reviewed based on the standard for a new application and will be evaluated according to standards under this Chapter and those procedures adopted pursuant to Section 5.30.120.

C. Cannabis Business Permits issued through the granting of a transfer by the City Manager shall be valid for the remainder of the term of the permit, until the date of required permit renewal, beginning on the day the City Manager approves the transfer of the permit.

D. Before the transferee's permit expires, the transferee must apply for a renewal permit and pay the appropriate fee in the manner required by this Chapter.

E. A Cannabis Business Permit shall not be transferred when the City has notified the permittee in writing that the permit has been or may be suspended or revoked.

F. Any attempt to transfer a Cannabis Business Permit either directly or indirectly in violation of this section is hereby declared a violation of the permit and this Chapter.

Such a purported transfer shall be deemed grounds for revocation of the permit.

5.30.250 City Business Tax Certificate
Prior to commencing operations, a Cannabis Business shall obtain a City of Yreka Business License pursuant to Chapter 5.04 of the Yreka Municipal Code.

5.30.260 Building Permits and Inspection
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Prior to commencing operations, a Cannabis Business permittee shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes, but is not limited to, obtaining any required building permit(s), Fire Department approvals, Police Department approval, Code Enforcement; Planning, and Health Department approvals, and any other applicable zoning and land use permit(s) and approvals.

5.30.270 Right to Occupy and to Use Property
Prior to the City's issuance of a Cannabis Business Permit pursuant to this Chapter, any person intending to open and to operate a Cannabis Business shall first provide sufficient evidence of the legal right to occupy and to use the proposed location. If the proposed location will be leased from the property owner(s), the applicant shall be required to provide a signed and notarized statement from the owner(s) of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the Cannabis Business on the owner's property.

5.30.280 Location and Design of Cannabis Businesses
A. For zoning and land use purposes, Medicinal Non-Storefront Retailer businesses shall be considered a “Retail Use" and shall be permitted in any zoning district where general retail uses are allowed.

B. Cannabis Businesses shall not be permitted as a home occupation under any circumstances.

C. A Cannabis Business must meet land use and building standards pursuant to Title 16 of this Code, including:

1. Conform with the City's general plan, any applicable specific plan, master plan, and design requirements.

2. Comply with all applicable zoning and related development standards.

3. Be constructed in a manner that minimizes odors to surrounding uses.

D. A Cannabis Business must meet the following rules relating to proximity to sensitive uses:

1. The use shall be no closer than six hundred (600) feet from any parcel in the City designated as a sensitive use under this Section that is in existence at the time the permit is issued.

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2. The distance shall be determined by the horizontal distance measured in a straight line from the closest property line of the sensitive use to the closest property line of the lot on which the Cannabis Business is to be located, without regard to intervening structures.

3. Sensitive uses include:
a. A school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including preschool, transitional kindergarten, and K-12). b. A commercial daycare center licensed by the State, County or City. c. A Youth Center .

5.30.290 Authorization from the City Manager
Prior to commencing operations, a Cannabis Business must obtain authorization from the City Manager certifying that the business is located on a site that meets all of the requirements of Sections 5.30.250 through 5.30.290, and 5.30.310 through 5.30.360 of this Code.

5.30.300 Records and Recordkeeping
A. Each owner and operator of a Cannabis Business shall maintain accurate books and records in an accessible, electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities for a period not less than seven (7) years.

B. On no less than an annual basis (at or before the time of the renewal of a Cannabis Business Permit issued pursuant to this Chapter), or at any time upon reasonable request of the City, each Cannabis Business shall file a sworn statement detailing the number and amount of sales by the Cannabis Business during the previous twelvemonth period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes and/or fees paid or due to be paid.

C. On an annual basis, each owner and operator shall submit to the City a financial audit of the business's operations conducted by an independent certified public accountant paid for by permitee. Each permittee shall be subject to a regulatory compliance review and a gross receipts financial audit, where applicable, as determined by the City.

D. Each owner and operator of a Cannabis Business shall maintain a current register of Yreka City Council Agenda
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the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the Cannabis Business, and separately of all the officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the Cannabis Business. The register required by this paragraph shall be provided to the City Manager upon request within forty-eight (48) hours of the request.

E. All Cannabis Businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the production process until purchased as set forth in the MAUCRSA.

5.30.310 Security Measures
A. Cannabis businesses shall operate in a manner that minimizes public visibility and does not draw unnecessary attention to the nature of the business.

B. A Cannabis Business permittee shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the Cannabis Business. Except as may otherwise be determined by the City Manager, these security measures shall include, but shall not be limited to, all of the following:

1. Exterior lighting systems for after-hours security as approved by the Chief of Police and/or the City Manager where applicable.

2. Preventing individuals from remaining on the premises of the Cannabis Business if they are not engaging in an activity directly related to the permitted operations of the Cannabis Business. In cases in which the individual will not voluntarily leave the premises, the cannabis employee shall contact the Police Department.

3. Establishing limited access areas accessible only to authorized Cannabis Business personnel.

4. Each Cannabis Business shall have a professionally installed video surveillance system, access control and intrusion alarm systems designed to protect the inventory, facility, and employees.

5. Installation of Cameras that meet the following:
a. 24-hour security surveillance cameras of at least high-definition (HD) quality to monitor all entrances and exits to and from the Yreka City Council Agenda
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premises, all interior spaces within the Cannabis Business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color.
b. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions.
c. Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the Chief of Police upon request. d. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the Cannabis Business and shall be capable of enlargement via projection or other means. e. Internet Protocol address information shall be provided to the Police Department by the Cannabis Business, to facilitate remote monitoring of security cameras by the Department or its designee. f. Each business shall have network security protocols that are certified by Underwriters Laboratories.

6. A professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services is required.

7. Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.

8. Panic buttons shall be installed in all Cannabis Businesses with direct notification to the Police Department dispatch and shall be configured to immediately alert dispatch for the Police Department.

9. Any security measures, such as bars, installed on the windows or the doors of the Cannabis Business shall be installed only on the interior of the building and shall not be visible from the public right-of-way.

10. Security personnel shall be on-site during business hours. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager, with such approval not to be unreasonably withheld.

11. Each Cannabis Business shall have the capability to remain secure during a Yreka City Council Agenda
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power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

12. Each Cannabis Business shall implement an accounting software system that provides point-of-sale data and audit trails for both products and cash transactions, where applicable.

13. Each Cannabis Business shall demonstrate to the City Manager or their designees, compliance with the state's track and trace system for cannabis and cannabis products.

14. Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises.

15. Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standardsshall be maintained to State standards and readily available to all employees onsite.

C. Security Representative/Liaison

1. Each Cannabis Business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the City Manager regarding any security related measures and/or operational issues.

2. The security representative/liaison shall be capable of operating the Cannabis Business security surveillance system and providing video recordings to the Police Department upon request, pursuant to Section 5.30.310(A)(4) of this Code.

3. The designated security representative/liaison shall, on behalf of the Cannabis Business, annually maintain a copy of the current security plan on the premises of the business, to present to the City Manager upon request that meets the following requirements:
a. Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees.
b. Identifies all managers of the Cannabis Business and their contact phone numbers.

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c. Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the manager's office.
d. Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.
e. Identifies a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the Cannabis Business, the parking lot, any adjacent property under the business' control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing.

D. As part of the application and licensing process each Cannabis Business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency.

E. The Cannabis Business shall cooperate with the City whenever the City Manager makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter.

F. A Cannabis Business shall notify the City Manager within twenty-four (24) hours after discovering any of the following:

1. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager.

2. Diversion, theft, loss, or any criminal activity involving the Cannabis Business or any agent or employee of the Cannabis Business.
a. The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the Cannabis Business. b. Any other breach of security.

G. Compliance with the foregoing requirements shall be verified by the City Manager prior to commencing business operations. The City Manager may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner.

5.30.320 General Operating Requirements
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A. Cannabis Businesses shall operate in compliance with Division 10 of the Business and Professions Code, as may be amended under State law.

B. Cannabis Businesses may operate only during the hours specified in the Section

5.30.330(C).

C. Restriction on Sales and Consumption. Cannabis shall not be consumed by any person on the premises of any Cannabis Business. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco on or about the premises of the Cannabis Business.

D. No outdoor storage of cannabis or cannabis products is permitted at any time.

E. Reporting and Tracking of Product and of Gross Sales. Each Cannabis Business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the Cannabis Business including, but not limited to, such matters as cannabis tracking, inventory data, and gross sales (by weight and by sale).

The Cannabis Business shall provide this information to the City upon request, in the format defined by the City. In addition, the system must have the capability to produce historical transactional data for review.

F. All cannabis and cannabis products sold, distributed, or held shall be cultivated, manufactured, and transported by state licensed facilities that maintain operations in full conformance with the State and local regulations.

G. Emergency Contact. Each Cannabis Business shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an employee or owner to whom emergency notice can be provided at any hour of the day.

H. Signage and Notices.

1. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a Cannabis Business Permit, or on any of the vehicles owned or used as part of the Cannabis Business.

2. In addition to the requirements otherwise set forth in this section, business identification signage for a Cannabis Business shall conform to the requirements Title 13 Signs and are required to obtain all sign permits as required.

3. Each entrance to a Cannabis Business shall be visibly posted with a clear and Yreka City Council Agenda
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legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the Cannabis Business is prohibited.

I. Minors.

1. Persons under the age of twenty-one (21) years shall not be allowed on the premises of a Cannabis Business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Chapter for any person to employ any person at a Cannabis Business who is not at least twenty-one (21) years of age.

2. The entrance to the Cannabis Business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the Cannabis Business.

J. Odor Control.

1. Odor control devices and techniques shall be incorporated in all Cannabis Businesses to ensure that odors from cannabis are not detectable off-site. a. Cannabis Businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the Cannabis Business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the Cannabis Business.
b. Cannabis Businesses must install and maintain the following equipment, or any other equipment which the City Manager or their designee(s) determine is a more effective method or technology:
i. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
ii. An air system that creates negative air pressure between the Cannabis Business's interior and exterior, so that the odors generated inside the Cannabis Business are not detectable on the outside of the Cannabis Business.

K. Display of Permit and City Business Tax Certificate. The original copy of the Yreka City Council Agenda
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Cannabis Business Permit issued by the City pursuant to this Chapter and the City issued Business Tax Certificate shall be posted inside the Cannabis Business in a location readily visible to the public.

L. Loitering.

1. The owner and/or operator of a Cannabis Business shall prohibit loitering by persons outside the facility on the premises.

2. The Cannabis Business shall notify the Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the action has failed to do so in a timely manner.

M. Permits and other Approvals. Prior to the establishment of any Cannabis Business or the operation of any such business, the person intending to establish a Cannabis Business must first obtain all applicable planning entitlements, building permits, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such Cannabis Business intends to establish and to operate pursuant to Section 5.30.280 and all applicable requirements in this Chapter.

5.30.330 Medicinal Non-Storefront Retailer (Delivery Only) Requirements.

A. Medicinal Non-Storefront Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of eighteen (18) years and shall confirm the customer's possession of a valid doctor's recommendation and/or Health and Safety Code Section 11362.71 identification card (Medical Marijuana Card).

B. Prior to providing medicinal cannabis goods to a delivery customer, operators are required to verify the age and the necessary documentation of each customer. They must ensure that medicinal cannabis customers are at least eighteen (18) years of age and verify that the customer has a valid doctor's recommendation. Sales shall only be made to persons matching these criteria.

C. Retail delivery services shall be limited to the hours of 8:00 a.m. through 8:00 p.m., seven days a week.

D. Prior to commencing delivery operations, a Medicinal Non-Storefront Retailer shall provide the following information to the City:

1. Proof of ownership of the vehicle or a valid lease for any and all vehicles that Yreka City Council Agenda
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will be used to deliver cannabis or cannabis products.

2. The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.

3. Proof of insurance as required in Section 5.30.290B) for any and all vehicles being used to deliver cannabis goods.

4. The permittee shall provide the City with the information required by this section in writing for any new vehicle that will be used to deliver cannabis goods prior to using the vehicle to deliver cannabis goods.

5. The permittee shall provide the City with any changes to the information required by this section in writing within thirty (30) calendar days.

E. Permissible Delivery Locations and Customers.

1. A permitted Cannabis Business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency.

2. A permitted Cannabis Business shall comply with all requirements of state and local law pertaining to the Cannabis Business Permit and all subsequent policies, procedures and regulations which may be amended by the City Manager from time to in order to enforce this Chapter.

3. A permitted Cannabis Business shall only deliver to legally existing residential structure with a valid address recognized by the United States Postal Service.

F. Authorized Sales.

1. A Medicinal Non-Storefront Retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, if those individuals are in possession of a valid physician's recommendation.

G. Limited Access Areas.

1. A Medicinal Non-Storefront Retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas.

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Storefront Retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area.

3. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the Medicinal Non-Storefront Retailer, shall be escorted at all times by an employee of the permittee.

4. A Medicinal Non-Storefront Retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area.

These logs shall be made available to the City Manager, Chief of Police, or their designees upon request.

5. No more than the number of Medicinal Non-Storefront Retailer adopted by Council resolution may operate within the City at any one time and shall be issued a permit by the City.

H. Medicinal Non-Storefront Retailer authorized to conduct retail activities shall only serve customers who are at a delivery address that meets the requirements of this Chapter.

5.30.340 [Reserved]

5.30.350 Promulgation of Regulations, Standards and Other Legal Duties A. In addition to any regulations adopted by the City Council, the City Manager is authorized to establish administratively any additional rules, regulations and standards governing the issuance, denial or renewal of Cannabis Business Permits, the ongoing operation of Cannabis Businesses and the City 's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter.

B. Such regulations shall be published on the City's website.

C. Regulations promulgated by the City Manager shall become effective upon the date of publication. Cannabis Businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.

5.30.360 Fees and Charges
A. No person may commence or continue any cannabis activity in the City, without timely paying in full all fees and charges required for the operation of a Cannabis Business. Fees and charges associated with the operation of a cannabis activity shall be established by resolution of the City Council which may be amended at the council’s discretion.

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B. All Cannabis Businesses authorized to operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license, permit, registration, and other fees required under federal, state, and local law. Each Cannabis Business shall cooperate with the City with respect to any request to audit the Cannabis Business' books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes or fees required to be paid during any period.

5.30.370 Fees Deemed Debt to the City
The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to the City that is recoverable via an authorized administrative process as set forth in the City ordinance or in any court of competent jurisdiction.

5.30.380 Permit Holder Responsible for Violations
The person to whom a permit is issued pursuant to this Chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City, whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the Cannabis Business whether or not said violations occur within the permit holder's presence.

5.30.390 Inspection and Enforcement
A. The City Manager who is charged with enforcing the provisions of the City of Yreka Municipal Code, or any provision thereof, may enter the location of a Cannabis Business at any time, without notice, and inspect the location of any Cannabis Business as well as any recordings and records which may include access to Point-ofSale and/or METRC data required to be maintained pursuant to this Chapter or under applicable provisions of State law.

B. It is unlawful for any person having responsibility over the operation of a Cannabis Business, to impede, obstruct, interfere with, or otherwise not to allow the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a Cannabis Business under this Chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a Cannabis Business under this Chapter or under state or local law.

C. The City Manager, who is charged with enforcing the provisions of this Chapter may enter the location of a Cannabis Business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes.

Any samples obtained by the City of Yreka shall be logged, recorded, and maintained in accordance with established procedures by the City of Yreka's City Manager or Yreka City Council Agenda
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these regulations.

5.30.400 Violations Declared a Public Nuisance
Each and every violation of the provisions of this Chapter constitutes a misdemeanor and is hereby deemed unlawful and a public nuisance. The City reserves the right to pursue any available legal remedy to address violations of this Chapter.

5.30.410 No Vested Rights
No person(s) (including any Applicant, Owner, and/or Permittee) shall have any vested rights to any permit, right, and/or interest under this chapter, regardless of whether such person(s) sold, distributed, and/or otherwise engaged in acts related to the use of Cannabis prior to the adoption of the ordinance codified in this Chapter.

5.30.420 Social Equity Applicant Eligibility.

A. To be eligible as an equity applicant, an individual shall satisfy the following criteria:

1. The applicant or their immediate family member (parent, sibling, spouse, or child), was arrested for, convicted of, or adjudged to be a ward of the juvenile court for a cannabis-related offense under the laws of California or any other jurisdiction prior to November 8, 2016.

2. In the last year, have had a household income at or below sixty percent (60%) of the Siskiyou County Area Median Income (AMI) adjusted for family size or you’re eligible to get financial aid through a program like:
a. CalFresh
b. MediCal
c. CalWORKS
d. Supplemental security income
e. Social Security disability
B. To be eligible for a Cannabis Business Permit as an Equity Applicant, at least fifty percent (50%) of the business must be owned by individuals who meet the Equity Applicant eligibility criteria outlined in Section 5.30.420(A).

SECTION 3. Chapter 16.100 of the Yreka Municipal Code is deleted in its entirety and replaced with the following:

16.100.10- Medical marijuana distribution facilities.

Medical marijuana distribution facilities, as defined in Chapter 9.25, are prohibited Yreka City Council Agenda
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uses in all zoning districts in the city of Yreka.
(Ord. No. 817, § 2, 10-6-2011)

16.100.10 Cannabis facility regulation
A. Definitions
a. All definitions in section 5.30.020 shall apply in this chapter as if stated herein.

B. Allowed uses:
a. Medicinal non-storefront retailer (delivery only)
C. Allowed Zones:
a. C2, CH, and M1 zones only, not within any historic district D. Prohibited uses:
a. All other commercial cannabis activity.
b. Medicinal non-storefront retailer (delivery only), outside of C2, CH, and M1 zones, or within any historic district regardless of zoning.

E. Regulation of allowed uses:
a. All commercial cannabis activity shall comply with regulations set in Chapter 5.30 “Cannabis Business Activities”
b. All commercial cannabis activity shall comply with regulations set in Chapter 16.46 regarding outdoor lighting, fencing and height limits. c. Prefabricated exterior storage containers or truck trailers shall not be permitted for cannabis business activities.

SECTION 5. Chapter 9.25 of the Yreka Municipal Code is amended to read as follows, with all other portions remaining unchanged:

9.25.010 - Definitions.
"Cannabis Marijuana distribution facility" is any facility or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides cannabis marijuana to two or more persons with identification cards or qualified patients, as defined in California Health and Safety Code Section 11362.5 et seq., or any facility where qualified patients, persons with identification cards and primary caregivers meet or congregate collectively and cooperatively to cultivate or distribute cannabis marijuana for medical purposes under the purported authority of California Health and Safety Code Section 11362.5 et seq. "Medical cannabis marijuana distribution facility" shall not include the following uses, so long as such uses comply with this Code, Health and Safety Code Section 11362.5 et seq., and other applicable law:
…
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9.25.020 - Operation of medical marijuana distribution facilities prohibited.

Except as allowed pursuant to Chapter 5.30 concerning "Medicinal non-storefront retailer (delivery only)", mMedical marijuana distribution facilities, as defined in this chapter, are prohibited uses in the city of Yreka.

SECTION 6. Chapter 9.26 of the Yreka Municipal Code is amended to read as follows, with all other portions remaining unchanged:

Chapter 9.26 - MEDICAL CANNABIS MARIJUANA CULTIVATION,

DISTRIBUTION AND DELIVERY PROHIBITED
…

9.26.110 - Purpose and intent.

The purpose and intent in adopting this chapter is to acknowledge state law as it relates to medical cannabis marijuana and to reduce conditions that create public nuisances through enacting these regulations including without limitation, the prohibition of cannabis marijuana cultivation in order to effectively control the adverse impacts associated with cannabis marijuana cultivation as stated herein, while considering the desires of qualified patients qualified patients and primary caregivers, in furtherance of the public necessity, health, safety, convenience, and general welfare within the city's jurisdictional limits. While in 1996, the voters of the state of California approved Proposition 215 (codified as Health & Safety Code Section 11362.5 et seq. and entitled "The Compassionate Use Act of 1996" referred to herein as the "CUA"). In 2003, the California Legislature adopted SB 420, the medical marijuana program ("MMP"), codified as Health and Safety Code Section 11362.7 et seq., which permits qualified patients and their primary caregivers to associate collectively or cooperatively to cultivate cannabis marijuana for medical purposes without being subject to criminal prosecution under the California Penal Code. Yreka presently does not permit permits cannabis marijuana dispensaries certain locations. Neither the CUA nor the MMP require or impose an affirmative duty or mandate upon a local government to allow, authorize, or sanction the establishment of facilities that cultivate or process medical cannabis marijuana within its jurisdiction. Nothing in this chapter shall be construed to authorize any use, possession, cultivation, or distribution of cannabis marijuana for non-medical purposes or that is in violation of state or federal law.
…

9.26.120 - Findings.

A. The Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq., classifies cannabis marijuana as a schedule I drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision.

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B. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, cannabis marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of cannabis marijuanafor medical purposes.

C. In 1996, the voters of the State of California approved Proposition 215, "The Compassionate Use Act," (codified as Health and Safety Code Section 11362.7 through 11362.83) clarify the scope of The Compassionate Use Act of 1996 by creating the medical marijuana identification card program, creating reasonable regulations for cultivating, processing, transporting and administering marijuana, as well as limiting the amount cannabis marijuana a qualified individual may possess. The Medical Marijuana Program Act (codified as Health and Safety Code Section 11362.775) defines a "primary caregiver" as an individual who is designated by a qualified patient or by a person with an identification card, and who has consistently assumed responsibility for the housing, health, or safety of that patient or person and is further defined in the California Supreme Court decision People v. Mentch (2008) 45 Cal. 4 th 274.
…
E. Under the Federal Controlled Substances Act, codified in 21 U.S.C. Section 801 et seq., the use, possession, and cultivation of cannabis marijuanaare unlawful and subject to federal prosecution without regard to a claimed medical need.

F. In 2015 the "Medical Marijuana Regulation and Safety Act" ("Act"), which is comprised of the state legislative bills known as AB 243, AB 266, and SB 643, created a comprehensive state regulatory and licensing system governing the cultivation, testing, and distribution of medical cannabismarijuana, as well as physician recommendations for medical cannabismarijuana. It created the Bureau of Medical Marijuana Regulation within the Department of Consumer Affairs. It has primary responsibility for administering and enforcing the MMRSA. That scheme also provided for the protection of a local government agency's police powers in Business and Professions Code §§ 19315(a), 19316(a) and 19316(c). Thus all local remedies for any violation of this chapter have been retained including the following enforcement actions: 1) Administrative citations; 2) Administrative abatement proceedings; 3) License revocation; 4) Civil action for injunctive relief and 5) Criminal enforcement following the failure to abate a public nuisance.

G. The city's geographic and climatic conditions provide conditions that are favorable to outdoor cannabismarijuana cultivation, thus growers can achieve a high per-plant yield. The Federal Drug Enforcement Administration reports that various types of cannabismarijuana plants under various planting conditions may yield averages of two hundred thirty-six grams, or about one-half pound, to eighth hundred forty-six grams, or nearly two pounds.

H.` The strong distinctive odor of cannabismarijuana plants creates an attractive nuisance, alerting persons to the location of the valuable plants, and has resulted in burglary, robbery and armed robbery.

I. The strong and distinctive odor of cannabismarijuana plants creates a need to ensure that smells that disrupt the use of adjacent properties are minimized, much in the same way that many cities have ordinances currently in place to minimize the smells associated with Yreka City Council Agenda
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raising livestock.

J. Children (minors under the age of eighteen) are particularly vulnerable to the effects of cannabismarijuana use and the presence of cannabismarijuana plants is an attractive nuisance for children, creating an unreasonable hazard in areas frequented by children (including schools, parks, and other similar locations).

K. The cultivation of cannabismarijuana in the incorporated area of the city of Yreka can adversely affect the health, safety, and wellbeing of the city, its residents and environment.

Comprehensive civil regulation of premises used for cannabismarijuana cultivation is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells, and indoor electrical fire hazards that may result from unregulated cannabismarijuana cultivation, and that are especially significant if the amount of cannabismarijuana cultivated on a single premises is not regulated and substantial amounts of cannabismarijuana are thereby allowed to be concentrated in one place.

L. The indoor cultivation of substantial amounts of cannabismarijuana within a residence presents potential health and safety risks to those living in the residence, especially to children, including, but not limited to, increased risk of fire from grow light systems, exposure to fertilizers, pesticides, anti-fungus/mold agents, and exposure to potential property crimes targeting the residence.

M. Comprehensive restriction of premises used for cannabismarijuana cultivation is proper and necessary to address the risks and adverse impacts as stated herein, that are especially significant if the amount of cannabismarijuana cultivated on a single premises is not regulated and substantial amounts of cannabismarijuana are thereby allowed to be concentrated in one place.

N. Outdoor cannabismarijuana cultivation is creating devastating impacts to California's surface and groundwater resources and environmental damage. The state Water Resources Control Board, the Central Valley Regional Water Quality Control Board and the Department of Fish and Wildlife have seen a dramatic increase in the number of cannabismarijuana gardens, and corresponding increases in impacts to water supply and water quality, including the discharge of sediments, pesticides, fertilizers, petroleum hydrocarbons, trash and human waste. The sources of these impacts result from unpermitted and unregulated timber clearing, road development, stream diversion for irrigation, land grading, erosion of disturbed surfaces and stream banks, and temporary human occupancy without proper sanitary facilities.

O. The immunities from certain prosecution provided to qualified patients and their primary caregivers under state law to cultivate cannabismarijuana plants for medical purposes does not confer the right to create or maintain a public nuisance. By adopting the regulations contained in this chapter, the city will achieve a significant reduction in the complaints of odor and the risks of fire, crime and pollution caused or threatened by the unregulated cultivation of cannabismarijuana in the city of Yreka.

P. Nothing in this chapter shall be construed to allow the use of cannabismarijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of cannabismarijuana that is otherwise illegal under state law. No provision of this chapter shall be deemed a defense or immunity to any action brought against any person by the city of Yreka, the Yreka City Attorney, the Siskiyou District Attorney, the Attorney Yreka City Council Agenda
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General of State of California, or the United States of America.

Q. The Attorney General's August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other concentration of cannabismarijuana in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or crime.

R. Based on the findings above, the potential establishment of the cultivation, and processing of medical cannabismarijuana in the city without an express ban on such activities poses a current and immediate threat to the public health, safety, and welfare in the city due to the negative impacts of such activities as described above; S. The issuance or approval of business licenses, subdivisions, use permits, variances, building permits, or any other applicable entitlement for cannabismarijuana cultivation and processing will result in the aforementioned threat to public health, safety, and welfare; and T. It is in the interest of the city, its residents, and its lawfully permitted businesses that city adopts this chapter to expressly prohibit the establishment and operation of cannabismarijuana cultivation, processing, delivery, and dispensary activities as well as the issuance of any use permit, variance, building permit, or any other entitlement, license, or permit for any such activity, except where the city is preempted by federal or state law from enacting a prohibition on any such activity or a prohibition on the issuance of any use permit, variance, building permit, or any other entitlement, license, or permit for any such activity; …
ARTICLE 2 - DEFINITIONS

9.26.200 - Definitions.

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:
…
I."Cultivation" means the planting, growing, harvesting, drying, processing, of one or more cannabismarijuana plants or any part thereof in any location, indoor or outdoor, including from within a fully enclosed and secure building.

K. "Cannabis” has the same meaning as that appearing in Business and Professions Code Section 26001. Cannabis means all parts of the plant cannabis sativa Linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term Yreka City Council Agenda
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“cannabis” or "marijuana" shall be used interchangeably and shall also include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and NonDiversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

L."CannabisMarijuana cultivation facility" means any business, facility, use, establishment, property, or location where the cultivation of cannabismarijuana occurs.

M."Medical cannabismarijuana" is cannabismarijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of cannabismarijuana in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which cannabismarijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code § 11362.7.

N."Medical cannabismarijuana dispensary" means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medical marijuana is sold, made available to, delivered to and/or distributed by or to three or more people. A "medical cannabismarijuana dispensary" does not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code §11362.5 and following.

O."Cannabissmarijuana processing" means any method used to prepare cannabismarijuana or its byproducts for commercial retail and/or wholesale, including but not limited to:
drying, cleaning, curing, packaging, and extraction of active ingredients to create cannabismarijuana related products and concentrates.
…
T. "Medicinal non-storefront retailer (delivery only)" be as defined in section 5.30.020. …
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ARTICLE 3 - RESTRICTIONS AND REQUIREMENTS

9.26.300 - Cultivation, processing, dispensaries and delivery prohibited.

A. CannabisMarijuana cultivation facilities, cannabismarijuana cultivation, cannabismarijuana processing, marijuana delivery, or the establishment or operation of a medical cannabismarijuana dispensary in the city, are prohibited in all zones in the city and shall not be established or operated anywhere in the city except where this chapter is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of cannabismarijuana cultivation facilities, cannabismarijuana cultivation, cannabismarijuana processing, cannabismarijuana delivery, or the establishment or operation of a medical cannabismarijuana dispensary in the city.

B. It is unlawful and a public nuisance for any person owning, leasing, renting, occupying, or having charge or possession of any parcel within any zoning district in the city to cause or allow such parcel or premises to be used for the cultivation of medical cannabismarijuana plants except where the city is preempted by federal or state law from enacting a prohibition on any such activity.

No person may own, establish, open, operate, conduct, or manage a medical cannabismarijuana dispensary, marijuana cultivation facility or commercial cannabis activity in the city, or be the lessor of property where a cannabismarijuana cultivation facility and/or commercial cannabis activity in all zones in the city. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medical cannabis marijuana dispensary, cannabismarijuana cultivation facility and/or commercial cannabis activity in all zones in the city. Nothing in this prohibition shall apply to the exceptions to the prohibition of "medical cannabis marijuana distribution facility" under Yreka Municipal Code Chapter 9.25, §9.25.010(1) through (5) inclusive.

C. Except as allowed pursuant to Chapter 5.30 concerning "Medicinal non-storefront retailer (delivery only)", no No person and/or entity may deliver or transport medical cannabis marijuana from any fixed or mobile location, either inside or outside the city, to any person in the city except where this chapter is preempted by federal or state law from enacting a prohibition on any such activity.
…

9.26.515 - Right of entry/inspection.

To enforce the provision of this code, any code enforcement officer may at a reasonable time request inspection of any parcel suspected of cultivating cannabismarijuana. If the person Yreka City Council Agenda
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owning or occupying the parcel refuses the request for an inspection, the code enforcement officer shall have recourse to every remedy provided by law to secure entry, including obtaining an inspection warrant.
…

9.26.590 – Enforcement costs.
…
B.The city manager/designee shall keep an account of the enforcement costs (including incidental expenses) of abating such nuisance on each parcel where the work is done and shall render an itemized billing to the property owner, which shall be due and payable within thirty days. If the owner refuses or neglects to pay the bill, an itemized report in writing shall be made to the planning commission showing the enforcement costs and the demolishing or repairing of said buildings, structures and/or cannabismarijuana eradication, including any salvage value relating thereto; provided, that before said report is submitted to the planning commission, a copy of the same shall be mailed together with a notice of the time when said report shall be heard by the planning commission for confirmation. …
SECTION 7. Chapter 9.27 of the Yreka Municipal Code is amended to read as follows, with all other portions remaining unchanged:

CHAPTER 9.27 - NON-MEDICAL CANNABIS MARIJUANA CULTIVATION

REGULATION AND THE PROHIBITION OF COMMERCIAL CANNABIS

ACTIVITY, MANUFACTURE, TESTING, DISPENSING, SALES, DISTRIBUTION

AND DELIVERY WITHIN ALL ZONING DISTRICTS IN THE CITY OF YREKA …

9.27.110 - Purpose and intent.

The purpose and intent of this article is to regulate the cultivation of non-medical cannabis marijuana in a manner that protects the health, safety and welfare of the community. Health and Safety Code § 11362.2 authorizes the city to adopt reasonable regulations regarding the cultivation of non-medical cannabis marijuana inside a private residence or accessory structure to a private residence. That section also authorizes the city to completely prohibit the cultivation of non-medical cannabis marijuana outside, as long as the California Attorney General has not made a determination that the non-medical use of cannabis marijuana is lawful in California under federal law. The attorney general has not made such a determination.

This article is not intended to interfere with the right of an individual twenty-one years of age or over to cultivate non-medical cannabis marijuana, as provided for by Proposition 64, also known as the Control, Regulate and Tax Adult Use of Marijuana Act. This article is not intended to give any person independent legal authority to grow non-medical cannabis Yreka City Council Agenda
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marijuana; it is intended simply to impose reasonable regulations on the cultivation of nonmedical cannabis marijuana when cultivation is authorized by California state law.

Furthermore, it is the purpose and intent of this article to require that non-medical cannabis marijuana be cultivated only in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the general public; to provide for the health, safety and welfare of the public; to prevent odor created by non-medical cannabis marijuana plants from impacting adjacent properties; and to ensure that cannabis marijuana grown in the city remains secured.

Furthermore, the purpose of this ordinance is to prohibit non-medical cannabis marijuana commercial activity, sales, dispensing, distribution, delivery, testing and manufacturing within all zoning districts in the city.
…

9.27.200 - Definitions.

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:
…
E."Commercial cannabis activity" means the cultivation, possession, manufacture, processing, storing, testing, labeling, transporting, distribution, delivery, or sale of cannabis marijuana for any business or income generation purposes.
…
I."Cultivation" means the planting, growing, harvesting, drying, processing, of one or more cannabis marijuana plants.

J."Delivery" means the commercial transfer of non-medical cannabis marijuana or non-medical cannabis marijuana products to a person, including any technology that enables persons to arrange for or facilitate the commercial transfer of non-medical cannabis marijuana or nonmedical cannabis marijuana products.
…
N."Manufacture" means the production, preparation, propagation, or compounding of manufactured non-medical cannabis marijuana, or medical cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages non-medical cannabis marijuana/medical cannabis or non-medical marijuana products or labels or relabels its container.

O."Cannabis” or “cannabis plant”, formerly “mMarijuana" or "marijuana plant", means all parts of the plant Cannabis sativa L. or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. This definition shall also include the term “cannabis” as found in California Business and Professions Code, Section 26001(f), as may be amended from time to time. The term shall also replace the term “marijuana” as formerly used in this code. Any reference to marijuana within this code shall be read interchangeably as cannabis.

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P."Non-medical cannabis marijuana" means cannabis marijuana that is intended to be used for non-medical purposes pursuant to Health and Safety Code section 111362.1 et seq.

Q."Non-medical cannabis marijuana products" means non-medical cannabis marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or tropical product containing cannabis marijuana or concentrated cannabis and other ingredients. …
X."Testing" means any method of determining the concentration of cannabinoids, terpenoids, residual solvent, pesticides, microbiological, genetic components in non-medical cannabis marijuana, medical cannabis marijuana and/or non-medical and medical cannabis marijuana products which utilize in the process the application of chemicals to the cannabis marijuana substances or through the use of instrumentation such as the use of liquid chromatography, gas chromatography and other analytical instrumentation.
…

9.27.300 - Cultivation of non-medical cannabis marijuana .

The following regulations shall apply to the cultivation of non-medical cannabis marijuana within the city:

A. Cultivation not in compliance with this article. It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises, or portion thereof, within any zoning district in the city to cultivate nonmedical cannabis marijuana except as provided for in this code. No person other than an individual 21 years of age or older may engage in the cultivation of non-medical cannabis marijuana.

B. Outdoor cultivation. It is unlawful and a public nuisance for any person owning, leasing, renting, occupying, or having charge or possession of any parcel within any zoning district in the city to cause or allow such parcel or premises to be used for the outdoor cultivation of non-medical cannabis marijuana .
…
D. D.Indoor cultivation in private residence. The indoor cultivation of non-medical cannabis marijuana in a residential zone or in a commercial zone on a parcel or premises with an approved private residence shall only be conducted within a fully enclosed and secure structure or within a residential structure. Such cultivation shall be in conformance with the following minimum standards:

1.The primary use of the property shall be for residential use. Non-medical cannabis marijuana cultivation is prohibited as a home occupation.

2.All areas used for cultivation of non-medical cannabis marijuana shall comply with Chapter 18 (Buildings and Building Regulations) of the Yreka Municipal Code, as well as applicable law.
…
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4.The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of non-medical cannabis marijuana is prohibited.

5.Any fully enclosed and secure structure or residential structure used for the cultivation of non-medical cannabis marijuana must have a ventilation and filtration system installed that shall prevent cannabis marijuana plant odors from exiting the interior of the structure and that shall comply with Chapter 18 (Building and Building Regulations) of the Yreka Municipal Code.

6.A fully enclosed and secure structure used for the cultivation of non-medical cannabis marijuana shall be located in the rear yard area of the parcel or premises, and must maintain a minimum ten-foot setback from any property line. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height. This provision shall not apply to cultivation occurring within a garage. …

8.Non-medical cannabis marijuana cultivation shall be limited to six cannabis marijuana plants per private residence, regardless of whether the cannabis marijuana is cultivated inside the residence or a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence.

9.The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. The rooms used for cooking, sleeping and sanitation facilities shall not be used for non-medical cannabis marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, bathing and toilet facilities.

10.Cultivation of non-medical cannabis marijuana shall only take place on impervious surfaces.

11.Written consent of the property owner to cultivate non-medical cannabis marijuana within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by the chief of police or his/her designee.

12.A portable fire extinguisher, that complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of non-medical cannabis marijuana. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs.

9.27.310 - Non-medical marijuana deliveries prohibited.

Delivery is prohibited in the city. It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises, or portion thereof, within any zoning district in the city for any person to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, non-medical cannabis marijuana deliveries. This section shall not be interpreted to prohibit the transportation of non-medical cannabis marijuana through the city on public roads, as long as such transportation does not involve the delivery of non-medical marijuana within the city. …
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9.27.500 - Enforcement authority.
…
B. Summary abatement.

1. In addition to said enforcement authority, the code enforcement officer upon making a finding that an immediate threat or danger exists to the health, safety or welfare of the occupants or the public, may order a summary abatement of the hazardous condition. Such abatement shall not include the eradication of cannabis marijuana plants without first obtaining an abatement warrant.
…
SECTION 8. The mayor shall sign this ordinance and the city clerk shall attest and certify to the passage and adoption of it, and within fifteen (15) days, publish in the Yreka Courier, a weekly newspaper of general circulation, printed, published, and circulated in the City of Yreka and thirty (30) days thereafter it shall take effect and be in force.

PASSED, APPROVED, AND ADOPTED this _____ day of October, 2025.

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Colleen Baker, Mayor, City of Yreka
ATTEST:
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Cynthia Prohaska, City Clerk, City of Yreka
APPROVED AS TO FORM:
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Andrew L. Jared, City Attorney, City of Yreka
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Juliana Lucchesi, Assistant City Manager
Prepared by: Cynthia Lynch, Municipal Projects Manager
Agenda title: Discussion/Possible Action: Adopt Resolution 2025-37 Approving a Lot Line Adjustment Agreement Concerning Property at Assessor Parcel Numbers 053-662-030-000 and 053-662-080-000, and Authorizing Acceptance of Real Property from Robert Wolf
Meeting date: October 7, 2025
Recommendation and Requested Action:

That Council adopt Resolution 2025-37 approving a lot line adjustment agreement concerning property at Assessor Parcel Numbers 053-662-030-000 and 053-662-080-000, and authorizing acceptance of real property from Robert Wolf.

Discussion:

On September 16th the City Council awarded the construction contract for the City of Yreka’s Water Supply and Storage Improvements Project, which will allow the City of Yreka to better endure short term outages in the event of a failure in the Fall Creek water transmission main. One portion of this project involves constructing a new 1.0 million gallon (MG) water tank near the outdated existing tank located on a City parcel on Lower Humbug Road (the “Lower Humbug tank”). Once the new water tank is constructed and the waterline switch off is complete, the old tank will be demolished and removed from the site.

Since there is insufficient space on the City parcel to construct a new water tank and continue using the existing tank, the City has been in discussions with Robert Wolf, the owner of an adjacent property, regarding purchasing part of his parcel to construct the new tank and selling part of the City’s parcel to him. After property appraisals it was determined that the net cost of the property transactions would be $9,100 in Mr. Wolf’s favor.

These transactions will require two boundary line adjustments (BLAs), one prior to construction and one after the new tank is complete. The BLAs also include creating the necessary utility and electrical line easements for maintenance. The City Attorney has drafted the attached Lot Line Adjustment Agreement between the City and Mr. Wolf, and Resolution 2025-37 approving the execution of the BLAs and authorizing the City to accept the property. Mr. Wolf has reviewed the draft Lot Line Adjustment Agreement and is willing to proceed.

Fiscal Impact:

The $9,100 property acquisition cost and any necessary fees for the BLAs will be entirely funded by the project’s Drinking Water State Revolving Fund (DWSRF) construction grant.

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Attachments:

Resolution 2025-37 Approving a Lot Line Adjustment Agreement Concerning Property at Assessor Parcel Numbers 053-662-030-000 and 053-662-080-000, and Authorizing Acceptance of Real Property from Robert Wolf
Draft Lot Line Adjustment Agreement, including exhibits with drawings and legal descriptions.

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RESOLUTION NO. 2025 - 37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YREKA APPROVING A LOT LINE ADJUSTMENT AGREEMENT

CONCERNING PROPERTY AT ASSESSOR PARCEL NUMBERS
053-662-030-000 AND 053-662-080-000, AND

AUTHORIZING ACCEPTANCE OF REAL PROPERTY FROM

ROBERT WOLF
------------------------------------------------------------------------------------ THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY RESOLVE:

WHEREAS, the City of Yreka desires to improve its water facilities located at the Humbug Reservoir; and
WHEREAS, City desires to acquire certain property owned by Robert Wolf adjacent to the existing Humbug Reservoir to construct a new reservoir on such property and demolish the existing reservoir; and WHEREAS, Seller and the City have negotiated terms and reached an agreement for the exchange of property between the parties (the “Agreement”)(Exhibit A, “Lot Line Adjustment Agreement“) whereby a 0.95 acre portion of Assessor’s parcel number 053-662-030-000 will be transferred to the City via a lot line adjustment by Wolf, and in exchange a 0.38 acre portion of Assessor Parcel number 053-662-080-000 will be transferred Wolf by the City via a lot line adjustment; and
WHEREAS, as additional compensation, the City shall pay to Wolf $9,100; and
WHEREAS, City has performed a Phase 1 environmental screening of the Property and additional due diligence to identify known environmental conditions at the Property; and
WHEREAS, the City shall conduct further due diligence and title review through the escrow process in the Agreement; and
WHEREAS, Government Code Section 27281 provides that instruments conveying an interest in real property to the City may not be recorded without a Certificate of Acceptance from the City Council, to that end, this resolution consents to the conveyance of the Property to the City of Yreka and issue a Certificate of Acceptance evidencing the City’s consent; and WHEREAS, the City Council’s authorization under this Resolution is granted subject to the Seller delivering to the City an executed grant deed conveying the Property to the City within the time frame established in the Agreement.

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NOW, THEREFORE, BE IT RESOLVED, the City Manager is authorized and directed to:

1. Authorize the City Manager to enter into the Lot Line Adjustment Agreement (Exhibit A) to acquire the identified portion of Assessor’s parcel number 053-662-030-000 through lot line adjustment, and acquire and reserve certain easements for utility purposes, and as just compensation transfer a portion of Assessor’s parcel number 053-662- 080-000 to Wolf and to pay to Wolf $9,100 as additional compensation for such acquisition, and be authorized to incur such additional costs and execute such additional documents associated with and required to effectuate said Agreement, subject to final review by the City Attorney;

2. Execute Certificates of Acceptance as may be required to effectuate the terms of the Lot Line Adjustment Agreement on behalf of the City of Yreka as set forth in California Government Code Section 27281,

3. Record any grant deed, easement or other document associated with and required to effectuate said Agreement, subject to final review by the City Attorney; and

4. To execute such other instruments and to take such other actions necessary to carry out the intent of the Agreement and this Resolution.

RESOLVED this 7th day of October, 2025.
_________________________
Colleen Baker, Mayor
ATTEST:
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Cynthia Prohaska, City Clerk
I, Cynthia Prohaska, City Clerk of the City of Yreka, hereby certify that the foregoing resolution was duly passed at a regular meeting of the City Council of the City of Yreka held on the 7th day of October, 2025 by the following vote on roll call:

Ayes:

Noes:

Abstain:

Absent:
_____________________________
Cynthia Prohaska, City Clerk
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LOT LINE ADJUSTMENT AGREEMENT
THIS LOT LINE ADJUSTMENT AGREEMENT (the “Agreement”) is made and entered into as of the last date signed by a party below (the “Effective Date”), by and between Robert Wolf, an individual (“Wolf”), and the CITY OF YREKA, a California municipal corporation (“City”). Wolf and the City (collectively, the “Parties”, individually, a “party”) hereby agree as follows:

RECITALS
A. WHEREAS, the Parties desire to adjust parcel lines of Parcel A, owned by Wolf, and Parcel B, owned by City, which are depicted in Exhibit A for purposes of reference; and B. WHEREAS, Wolf is the fee simple owner of certain real property located at Assessor’s parcel number 053-662-030-000 in the City of Yreka, County of Siskiyou, State of California, which is approximately 7.89 acres of land, and is more fully shown described in Exhibit B (“Parcel A”); and
C. WHEREAS, the City is the fee simple owner of certain real property located at Assessor’s parcel number 053-662-080-000 in the City of Yreka, County of Siskiyou, State of California, which is approximately 0.44 acres (“Parcel B”); and D. WHEREAS, the City owns, operates, and maintains an above-ground municipal potable water reservoir tank on Parcel B (the “Original Reservoir”); and E. WHEREAS, the City desires and intends to demolish the Original Reservoir and build, operate, and maintain a new above-ground municipal potable water reservoir tank on the northerly portion of Parcel A (the “New Reservoir”); and F. WHEREAS, it is the desire and intent of Wolf and the City to adjust the boundary lines between Parcel A and Parcel B through two successive lot line adjustments (“LLAs”) (aka boundary line adjustments) as follows:

1. So that, during construction of the New Reservoir and demolition of the Original Reservoir, Parcel B is expanded, to then be identified as “Resultant Parcel B” in Exhibit C-1.B by adding approximately 0.95 acres of the northerly portion of Parcel A where the New Reservoir will be built (the “Transfer Parcel”) as depicted in Exhibit C-1.T; and

2. So that, after completion of construction of the New Reservoir and demolition of the Original Reservoir, both to be undertaken by the City, Resultant Parcel B shall then be reduced to comprise only the northerly portion of the Resultant Parcel B where the New Reservoir has been constructed to be then shall be called “Resultant Parcel 2” shown in Exhibit C-2.B2; and thereby Parcel A shall be expanded to encompass the site of the Old Reservoir on the original extent of Parcel B, which what has previously been identified in the C1 exhibits as Parcel A to be identified as “Resultant Parcel 1” shown in Exhibit C-2.A1 and other C-2 exhibits; and G. WHEREAS, it is the desire and intent of the City to create, establish, and reserve unto itself and other utilities necessary for its municipal water utility operations certain easements as described herein (as shown in Exhibits D-1 through D-4); Yreka City Council Agenda
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NOW, THEREFORE, in consideration of the promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Recitals. The Recitals set forth above are hereby incorporated by reference.

2. Consideration. In consideration for the terms and conditions contained herein, the City agrees to pay Wolf $9,100.00 within 30 days of the Effective Date by mailing a check payable to Robert Wolf to P.O. Box 364, Yreka, CA 96094. Payment shall be considered made upon mailing.

3. Lot Line Adjustment.
a. Lot Line Adjustments. Wolf agrees to, at the City’s sole expense, complete the lot line adjustments (“LLAs”) described in this section. b. First Lot Line Adjustment. Within 14 calendar days of the Effective Date, Wolf shall cause to be filed with the City of Yreka an application for a lot (boundary) line adjustment that seeks to adjust the northerly boundary of Parcel B so that Parcel B is expanded to include the northerly portion of Parcel A, which modify the size and configuration of Parcel A and Parcel B to substantially the form shown in Exhibit C-1.T (the “First LLA”). The resulting legal descriptions of Parcel A and Parcel B are set forth in Exhibit C-1.A and C-1.B, respectively. Such Exhibit C-1.T depicts the “Transfer Parcel”, Exhibit C-1.A depicts the “Resultant Parcel A”, and Exhibit C-1.B depicts the Resultant Parcel B”. The City shall provide its consent to the First LLA in support of Wolf’s application.
c. Second Lot Line Adjustment. Within 14 calendar days after the City notifies Wolf that it has completed the construction of the New Reservoir and demolition of the Original Reservoir, Wolf shall cause to be filed with the City of Yreka an application for a lot line adjustment that seeks to adjust the southerly boundary of Parcel B so that Parcel A is expanded to encompass the site of the Original Reservoir, which will modify the size and configuration of Parcel A and Parcel B to substantially the form shown in Exhibit C-2 (the “Second LLA”). In The resulting legal descriptions of Parcel A and Parcel B are set forth in Exhibit C-2.A1 and C-2.B2, attached hereto and incorporated herein by this reference. Such exhibits depict the “Resultant Parcel 1” (Exhibit C-2.A1), the “Resultant Parcel 2”Exhibit C-2.B2). The City shall provide its consent to the Second LLA in support of Wolf’s application. d. Perfection of LLAs. A LLA shall be considered completed and perfected for purposes of this Agreement on the date that the record of survey reflecting a lot line adjustment, approved by the City of Yreka, has been recorded in the official records of Siskiyou County. e. Best Efforts and Duty of Good Faith. The Parties will use their best efforts and take all action necessary to expediently achieve the perfection of the First LLA and Second LLA. Time is of the essence in the perfection of the First LLA and Second LLA. Wolf and the City agree to make a reasonable attempts to cooperate on this transaction and to mutually work together to resolve discrepancies or complications that may arise.

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f. Application Costs. The City shall reimburse Wolf for his costs incurred in preparing and submitting the First LLA application and Second LLA application, as well as any record of survey and easement recording costs, within 30 business days of receiving a reimbursement request from Wolf for such costs.
g. Planning Department Independence. By entering into this Agreement, the City is not promising or guaranteed that its Planning Department will approve any boundary line adjustment application, which said review will be conducted through the usual course of business and subject to all applicable local, state, and federal requirements. The City is not liable under this Agreement for any acts or omissions of its Planning Department in reviewing, approving, denying, or conditionally approving any lot line adjustment applications submitted in accordance with this Agreement. For purposes of this Agreement, “Planning Department” includes the City of Yreka’s Planning Director and Planning

4. Easements.
a. Public Utility and Electric Utility Easements. Simultaneously with Wolf’s execution of this Agreement, Wolf shall execute the following easements in a form to be agreed upon between the Parties establishing
(1) A 15 foot wide easement running along the easterly boundary of Parcel A for purposes of construction, installation, replacement, removal, and use of City water utilities in, over, upon, under, through, and across Parcel A, substantially in the form shown in Exhibit D-4; and
(2) A 10 foot wide easement running southwesterly from the southern part of the easterly boundary of Parcel A to the southerly boundary of Parcel A for purposes of construction, installation, replacement, removal, and use of electric utilities in, over, upon, under, through, and across Parcel A, substantially in the form shown in Exhibit D3. b. Reservation of Easements. Prior to completion of the application of the Second LLA, City shall reserve and easement for public utility purposes in a form to be agreed upon between the Parties establishing
(1) Easements for purposes of construction, installation, replacement, removal, and use of City water utilities and electric utilities in, over, upon, under, through, and Resultant Parcel B, substantially in the form shown in Exhibit D-1 and Exhibit D-2.

5. Title Report. Within five business days after the Effective Date, Wolf shall deliver, or cause to be delivered, to the City a title report covering Parcel A, issued by Mt. Shasta Title & Escrow, together with copies of or hyperlinks to all documents referenced in the title report.

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6. Encumbrances. Wolf shall ensure that the portion of Parcel A that will become part of Parcel B by way of the First LLA is free of all encumbrances prior to perfection of the First LLA.

7. As-Is. Except as expressly set forth in this Agreement, the Parties acknowledge that the respective real properties they are acquiring as a result of the First LLA and Second LLA are in their existing condition “as-is, where is, and with all faults” as of (i) for the City, the date of perfection of the First LLA, and (ii) for Wolf, the date of perfection of the Second LLA. Except as expressly set forth herein and for the duration thereof, neither party is making and has not made any warranty or representation with respect to all or any part of their respective parcels. The City is relying solely on Wolf’s warranties and representations made herein and the City’s independent investigations as to any matters concerning Parcel A, its suitability for the City’s intended uses, or any of the property conditions. Except as expressly set forth herein and for the duration thereof, the City is not making and has not made any warranty or representation with respect to all or any part of Parcel B. Wolf is relying solely on Wolf’s independent investigations as to any matters concerning the Parcel B, its suitability for Wolf’s intended uses, or any of the property conditions.

Except as expressly provided herein, the City does not guarantee the legal, physical, geological, environmental, or other conditions of the Parcel B.

8. Documents, Records, and Disclosures. Within five (5) business days following the Effective Date, time being of the essence, Wolf shall deliver or caused to be delivered to the City and complete disclosures and copies of the following items or materials relating to the Parcel A:
a. to the extent in Wolf’s possession or control or readily available to Wolf, copies of all:
(1) surveys;
(2) service contracts, plans, specifications and design documents, engineering reports and architectural studies and similar documents, maps, topographical maps, geophysical reports and water reports;
(3) warranties and guarantees;
(4) draft and final studies, reports, surveys and assessments relating to the environmental condition of Parcel A including without limitation any soils, toxics, and hazardous waste (including, without limitation, asbestos) reports; (5) correspondence, applications, permits and other substantive communications to or from any governmental or quasi-governmental agency in connection with any Hazardous Substances (as defined below) or the environmental condition of Parcel A (without any obligation to examine any City files or records);
(6) notifications provided by Wolf to any tenant or occupant of Parcel A which were required by applicable law to be provided to any such party as a result of the condition of Parcel A, if applicable, including, without limitation: (i) the asbestos notification Yreka City Council Agenda
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required pursuant to California Health & Safety Code Sections 25915, et seq., and (ii) the notification required pursuant to California Health & Safety Code Sections 25249.6, et seq.; and (7) building, occupancy, and use permits and approvals and any other governmental licenses, permits, or approvals for Parcel A or the equipment used in connection therewith (without any obligation to examine any City files or records); and b. a list prepared by Wolf setting forth:
(1) all current and past uses of Parcel A by Wolf or, to Wolf’s knowledge, any tenant, licensee or occupant of Parcel A during Wolf’s ownership or occupancy of the Parcel A;
(2) to Wolf’s knowledge, all uses of Parcel A by any prior “Owner or Operator” (as that phrase is defined in CERCLA (defined below) of Parcel A and which were reasonably likely to have resulted in contamination of Parcel A by Hazardous Substances; (3) all Hazardous Substances which Wolf currently uses or in the past has used, generated, stored, transported to, transported from or disposed of on Parcel A (excluding any materials which were used in compliance with applicable law); (4) to Wolf’s knowledge, all Hazardous Substances currently or previously used, generated, stored, transported to, transported from or disposed of on Parcel A by any current or prior “Owner or Operator” of Parcel A or any other person; (5) to Wolf’s knowledge, the location or former location on or under Parcel A of any storage tanks, leach pits, clarifier pits and other storage or treatment facilities for Hazardous Substances;
(6) the location of any Hazardous Substances disposed of on Parcel A by Wolf;
(7) the location of any Hazardous Substances from Parcel A disposed of off-site by Wolf, if any; and
(8) to Wolf’s knowledge, the location of any uncured Release (as defined below) of any Hazardous Substances on Parcel A; and c. complete copies of the property tax bills for Parcel A for the most recent three (3) years; and
d. disclosure of whether Parcel A is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and any other zone as required by law to be disclosed, along with any other information required by those zones; and Yreka City Council Agenda
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e. disclosure of any improvements, additions, alterations, or repairs made by Wolf, or know to Wolf to have been made, without required governmental permits, final inspections, and approvals; and
f. disclosure of whether Parcel A includes any plumbing fixtures that do not comply with Section 1101.5 of the Civil Code, which required that, by January 1, 2019, all multifamily residential and commercial real property be equipped with water-conserving plumbing devices; and
g. such other documents or information regarding the physical condition of Parcel A and in Wolf’s possession or readily available to Wolf as the City reasonably requests in writing.
h. Wolf shall promptly provide to the City any supplemental, additional, or new substantive information received or discovered by Wolf relating to any of the items delivered pursuant to this Section.

9. Wolf’s Obligations.
a. Insurance. Wolf shall keep all insurance policies now maintained on Parcel A, if any, in effect up to and including the perfection of the First LLA. b. Adverse Change. Wolf shall inform the City of any adverse change in the condition, financial or otherwise, of Parcel A, or the operation thereof, which occurs at any time after the execution hereof and prior to the date of perfection of the Second LLA. c. Taxes. Wolf acknowledges that the City is exempt from the payment of real and personal property taxes, so that if the City acquires part of Parcel A through the First LLA, there will be no property taxes assessed against that portion of Parcel A from and after the date of perfection of the First LLA for so long as the City owns that real property. That portion of property taxes which may have been paid by Wolf attributable to the time after the date of perfection of the First LLA may be refundable. Wolf shall be responsible to apply to the County Tax Assessor for any such refund, and the City will cooperate in Wolf's efforts to apply for such refund. The City will be responsible for paying property taxes related to Parcel A attributable to periods from and after the date of perfection of the First LLA.
d. Bonds, Special Assessments. The City shall not be responsible for the payment of any bonds or special assessments against Parcel A or any portion thereof. e. Supplemental Tax Bills. Any supplementary tax bills received by the City related to the portion of Parcel A acquired by the City as a result of this transaction following the date of perfection of the First LLA shall be forwarded to, and the responsibility of, Wolf. f. No Agreements. Wolf shall not enter into any lease or other agreement of any type affecting or relating to Parcel A that would survive the date of perfection of the First LLA without the City’s written consent.

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g. No Liens. Wolf shall not directly or indirectly cause or knowingly permit to exist, by Wolf’s act or omission, any encumbrance, charge, or lien to be placed or claimed upon Parcel A through the date of perfection of the First LLA unless such encumbrance, charge or lien has been approved in writing by the City.
h. Notice to City. Wolf shall promptly notify the City in writing if any of the representations and warranties set forth in this Agreement are no longer true and correct in the form and on the basis on which they were made.
i. No Transfer of Property Interest. Except as otherwise required pursuant to this Agreement, Wolf shall not sell, convey, assign, transfer, encumber, or otherwise dispose of Parcel A or any of Wolf’s interest therein through the date of perfection of the First LLA, and shall not, without the prior written consent of the City, make any modifications, alterations, or improvements to that portion of Parcel A that will become part of Parcel B by way of the First LLA, except as otherwise permitted by this Agreement;
j. No Use of Hazardous Substances. Wolf shall not use, produce, process, manufacture, generate, treat, handle, store, or dispose of any Hazardous Substances in, on, or under Parcel A or use Parcel A for any such purposes, or release any Hazardous Substances into any air, soil, surface water, or groundwater comprising Parcel A or knowingly permit any person using or occupying Parcel A or any part thereof to do any of the foregoing, in violation of any Environmental Laws, through the date of perfection of the First LLA. k. Compliance with Environmental Laws. Wolf shall not violate, and not knowingly allow any party to violate, any Environmental Laws applicable to Parcel A through the date of perfection of the Fist LLA.
l. Notice to City Regarding Hazardous Substances. Wolf shall, Immediately after obtaining any previously undisclosed substantive information indicating that any Hazardous Substances may be present or any Release or threatened Release of Hazardous Substances may have occurred in, on or under Parcel A (or any nearby real property which could reasonably be expected to migrate to Parcel A) or that any uncured violation of any Environmental Laws may have occurred at Parcel A, give notice thereof to the City with a reasonably detailed description of the event, occurrence or condition in question. Wolf shall immediately furnish to the City copies of all substantive written communications received by Wolf (including notices, complaints, claims or citations) concerning any Release or threatened Release of any Hazardous Substances in, on or under Parcel A or any nearby real property which could migrate to Parcel A or any uncured past or present violation of any Environmental Laws at Parcel A. m. Mechanics’ Liens. Wolf must pay for all materials, supplies, and work provided or ordered for Parcel A for which a labor, materialman’s, or mechanics’ lien may be claimed under applicable law.
n. No Marketing. Wolf shall not market, show, or list the Parcel A to any other prospective purchasers through the date of perfection of the Second LLA. o. Notification of Material Change. Wolf shall promptly notify the City of any material change in any condition with respect to Parcel A or of any material event or Yreka City Council Agenda
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circumstance that makes any representation or warranty of Wolf under this Agreement untrue or misleading.
p. Service Contracts. Wolf shall terminate all service contracts related to the portion of Parcel A that will become a part of Parcel by through the First LLA before the date of perfection of the First LLA, except any that the City has specifically elected to assume in a written notice to Wolf.

10. Wolf’s Representations. Wolf hereby represents and warrants for the benefit of the City and its successors and assigns, that the following facts are true and correct as of the Effective Date and shall be true and correct as of the date of perfection of the First LLA. If, prior to the date of perfection of the First LLA, Wolf should learn, discover, or become aware of any existing or new item, fact, or circumstance which renders a representation or warranty of Wolf set forth in this Agreement incorrect or untrue, then Wolf shall promptly give written notice thereof to the City.
a. Condition of the Property. The portion of Parcel A that will become a part of Parcel by through the First LLA is free of any physical defects. b. Power and Authority of Wolf. Wolf is an individual and the owner of the Parcel A and has the requisite right, power and authority to apply for and perfect the First LLA and Second LLA, as provided herein, and to enter into and carry out the terms of this Agreement and the execution and delivery hereof and of all other documents instruments referred to herein.

The performance by Wolf of Wolf’s obligations hereunder will not violate or constitute an event of default under the terms and provisions of any material agreement, document, instrument, order, or judgment to which Wolf is a party or by which Wolf is bound. All proceedings required to be taken by or on behalf of Wolf to authorize it to make, deliver and carry out the terms of this Agreement have been duly and properly taken. No further consent of any person or entity is required in connection with the execution and delivery of, or performance by Wolf of his obligations under this Agreement, including, without limitation, the consent or approval of any bankruptcy or other court having jurisdiction over Wolf or Parcel A. c. There do not exist, and there shall not exist as of the date of perfection of the Second LLA, any actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization, or other proceedings, pending or threatened against (i) Wolf that would materially and adversely affect Wolf’s ability to perform its respective obligations under this Agreement, or (ii) Parcel A. There does not exist, and there shall not exist as of the date of perfection of the Second LLA, any pending or threatened action, suit, or proceeding with respect to Wolf or Parcel A before or by any court or administrative agency which seeks to restrain or prohibit, or to obtain damages or a discovery order with respect to, Parcel A, this Agreement, or the consummation of the transaction contemplated hereby. d. Accuracy of Information. To Wolf’s knowledge, all information and documents heretofore or hereafter submitted to the City by Wolf in accordance with the provisions of this Agreement are true, complete, and correct copies of the originals thereof, and all supplements or additions will be true, correct and complete copies of the originals thereof. To Yreka City Council Agenda
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Wolf’s knowledge, Wolf has not omitted to supply the City with any material information in Wolf’s possession with respect to or concerning Parcel A. e. Title to the Property. Wolf has good and marketable title to Parcel A subject to exceptions of record and as may be disclosed by an inspection of Parcel A. Parcel A is not subject to any form of mortgage, trust deed, or security interest. Wolf has no actual knowledge of any unrecorded or undisclosed legal or equitable interest in Parcel A owned or claimed by anyone other than Wolf. Wolf has no knowledge that anyone will, at the date of perfection of the Second LLA, have any right to possession of Parcel A, except as disclosed by this Agreement.

There are no unsatisfied mechanics’, materialmen’s, or other lien rights on Parcel A. No assessment lien or bond encumbers the Parcel A, and no governmental authority has undertaken any action that could give rise to an assessment lien affecting the property. f. Hazardous Substances.
(1) No Hazardous Substances (as defined below) are present in, on, or under Parcel A in violation of applicable law;
(2) There is no present Release (as defined below) or threatened Release of any Hazardous Substances in, on, or under Parcel A;
(3) No Hazardous Substances were ever present in, on, or under parcel A in violation of applicable law that were not remediated; (4) Wolf has never used Parcel A or any part thereof, and has never knowingly permitted any person to use Parcel A or any part thereof, for the production, processing, manufacture, generation, treatment, handling, storage, or disposal of Hazardous Substances in violation of applicable law;
(5) No underground storage tanks of any kind are located in, on, or under Parcel A, nor were any underground storage tanks previously located in, on, or under Parcel A;
(6) Neither Parcel A nor any current operations and activities therein and thereon violate any applicable Environmental Laws (as hereinafter defined); (7) Neither Wolf nor any person using or occupying Parcel A or any part thereof has been alleged to be in violation of any Environmental Laws (as defined below) with respect to Parcel A;
(8) Wolf has not received any notice indicating that: (1) Parcel A has been designated as “hazardous waste property” or “border zone property” pursuant to former Article 11 of the California Health and Safety Code (commencing with Sections 25220), (2) proceedings for a determination as to whether Parcel A should be so designated are pending or threatened; or (3) that any portion of Parcel A is located within two thousand (2,000) feet of a significant disposal of “hazardous waste” within the meaning of California Health and Safety Code Section 25117, which could cause Parcel A to be classified as “border zone property;” Yreka City Council Agenda
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(9) No claim, demand, action or proceeding of any kind relating to any past or present Release or threatened Release or any past or present violation of any Environmental Laws at Parcel A has been (1) made in writing that has been delivered to Wolf or (2) threatened in writing that has been delivered to Wolf;
(10) Wolf has received no notice of any uncured order, directive, complaint or other communication, by any governmental or quasi-governmental agency alleging a violation of any Environmental Laws; and
(11) Wolf has not received notice from any other third party alleging the occurrence of any activity on Parcel A in violation of any applicable Environmental Laws or demanding payment or contribution for environmental damage or injury to the Parcel A. (12) As used in this Agreement, “Environmental Laws” shall mean all federal, state and local laws, ordinances, rules and regulations now or hereafter in force, as amended from time to time, in any way relating to or regulating human health or safety, or industrial hygiene or environmental conditions, or protection of the environment, or pollution or contamination of the air, soil, surface water or groundwater, and includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.

Sections 9601, et seq. (“CERCLA”), the Resource Conservation and Recovery Act, 42 U.S.C.

Sections 6901, et seq., the Clean Water Act, 33 U.S.C. Sections 1251, et seq., the Hazardous Substance Account Act, California Health and Safety Code Sections 25300, et seq., the Hazardous Waste Control Law, California Health and Safety Code Sections 25100, et seq., the Medical Waste Management Act, California Health and Safety Code Sections 117600, et seq., and the PorterCologne Water Quality Control Act, California Water Code Sections 13000, et seq. (13) As used in this Agreement, “Hazardous Substance(s)” shall mean any substance or material that is described as a toxic or hazardous substance, waste or material or a pollutant or contaminant or infectious waste, or words of similar import, in any Environmental Laws, and includes asbestos, petroleum or petroleum products (including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or any mixture thereof), polychlorinated byphenyls, urea formaldehyde, radon gas, radioactive matter, medical waste, and chemicals which may cause cancer or reproductive toxicity. (14) As used in this Agreement, “Release” shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, including continuing migration, of Hazardous Substances into or through soil, air, surface water or groundwater reportable under any Environmental Laws.
(15) Wolf will defend, indemnify, and hold the City, together with its employees, elected and non-elected officials, agents, and assigns harmless from and against any and all claims, obligations, damages, causes of action, costs and expenses, losses, fines, and liabilities, including, without limitation, attorney fees and costs, imposed upon or incurred or asserted against the City arising out of or in connection with the occurrence of any of the following:
(i) any violation of any Environmental Laws by Wolf with respect to Parcel A, (ii) the manufacture, storage, sale, use, disposal, Release, or discharge of Hazardous Substances in, on, or under Parcel Yreka City Council Agenda
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A by Wolf, and (iii) any violation of this subsection 10.f. of this Agreement. Wolf shall also be responsible for all costs, expenses, fines, and penalties arising out of or in connection with the investigation, removal, remediation, clean-up, and restoration work resulting from the matters described in this subsection.
(16) The City shall have the right, but has no obligation, to conduct a Phase I and/or Phase II Environmental Inspection on that portion of Parcel A that will become Parcel B following the Second LLA through the date of perfection of the Second LLA adjustment. g. Pending Litigation. Wolf has not received notice of: (a) any pending litigation or administrative proceeding of any nature affecting Parcel A or (b) any threatened litigation affecting Parcel A in any way, including, without limitation, Wolf’s title to, or use of Parcel A or any part thereof. Wolf will give the City prompt notice of the institution of any such action of which it becomes aware prior to the date of perfection of the Second LLA and in the event that any such action will affect Parcel A as of that date. h. Other Proceedings. No attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization, or other proceedings are pending or threatened against Wolf or Wolf’s interest in Parcel A, nor are any such proceedings contemplated by Wolf.
i. Conflict with Existing Agreements and Laws. Neither the execution of this Agreement nor the consummation by Wolf of the transactions contemplated hereby will: (i) conflict with or result in a breach of the terms, conditions, or provisions of or constitute a default or result in termination of any material agreement or instrument to which Wolf is a party; (ii) violate any restriction to which Wolf is subject; (iii) constitute a material violation of any applicable code, resolution, law, statute, regulation, ordinance, judgment, rule, decree, or order affecting Wolf of which Wolf is aware; or (iv) result in the creation of any lien, charge or encumbrance upon Parcel A or any part thereof.
j. Condemnation. Wolf has received no notice of any currently pending or contemplated special assessments or proceedings to condemn or demolish Parcel A or any part of it or any proceedings to declare Parcel A or any part of it a nuisance. Wolf has not received notice of any condemnation proceedings, eminent domain proceedings or similar actions or proceedings now pending against Parcel A. Wolf waives the right to claim any just compensation or relocation benefits from the City resulting from this transaction. k. Land Use Regulations. Wolf has not received notice of any: (a) environmental, planning, zoning, or other land use regulation adversely affecting Parcel A or any part thereof; (b) alleged uncured violation of any federal, state or local zoning or general plan designations; or (c) special assessment action or proceeding affecting Parcel A. l. Taxes. Wolf has not received notice that real property taxes, assessments, or other governmental charges or exactions (“Taxes”) other than the amounts disclosed by the tax bills delivered to the City by Wolf have been or will be assessed against Parcel A for the current tax year. Wolf has no knowledge and Wolf has received no notice of any intended public Yreka City Council Agenda
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improvements, which will result in any taxes being levied against, or in the creation of any lien upon, Parcel A or any portion thereof.
m. Employment Contracts. There are no employees presently employed by Wolf in connection with its ownership or operation of Parcel A who have rights or claims that will survive the date of perfection of the First LLA.
n. Violation of Codes, Regulations and Laws. Wolf has not received any notification from any governmental authority or agency that there exists any violation of any law, statute, code, ordinance, rule, or regulation applicable to Parcel A, or that any work is required to be done on Parcel A to remedy any such violation.
o. Agreements of Sale, Options, Leases. Except as set forth in this Agreement, Wolf has not granted any liens or rights to third parties to acquire any interest in Parcel A or any portion thereof which are currently in effect and constitute a lien on or interest in Parcel A; nor has Wolf entered into any agreements of sale, options, contracts, leases, or other obligations for the sale, exchange, conveyance, or transfer of Parcel A or any portion thereof or otherwise relating to Parcel A that will survive the date of perfection of the Second LLA; nor does Wolf have knowledge of the existence of any rights of first refusal or options to purchase Parcel A. p. Licenses. Wolf has all licenses, permits, easements, and rights of way, including proof of dedication, building permits, and occupancy permits that are required from any governmental authority having jurisdiction over Parcel A, or from private parties, in order to continue the present use of Parcel A and to ensure adequate vehicular and pedestrian access to Parcel A. Such licenses, permits, easements, and rights-of-way must be in full force and effect on the Closing Date.

Wolf shall transfer and assign all permits, rights, and documents the City on or before the date of perfection of the Second LLA, which shall have been fully paid for and not subject to any liens, encumbrances, or claims of any kind, and their transfer and assignment do not require the consent of third parties other than as set forth in such documents or as required by law. Wolf has, and on or before the date of perfection of the Second LLA will deliver to the City, good and marketable title to all such permits, rights, and documents.
q. Leases. There are no leases or any contracts, agreements, operating leases, rental agreements, licenses, or similar instruments executed by Wolf and affecting the Parcel A will survive the date of perfection of the Second LLA.
r. Defect Notices. Wolf has not received any notices from any insurance company of any defects or inadequacies in Parcel A which remain pending or unresolved. s. Development Rights. Neither Wolf, nor, to Wolf’s knowledge, any previous owner of Parcel A, has sold, transferred, conveyed, or entered into any agreement regarding rights commonly known as “air rights,” “excess floor area ratio,” “transferable density rights,” or other development or density rights or restrictions relating to Parcel A. t. Insolvency; Bankruptcy. This Agreement is the product of an arms-length transaction and, in Wolf’s opinion, the City’s payment to Wolf of $9,100.00 represents the fair market value for this transaction and the resulting re-configuration and changes in size of Parcel A and Parcel A. Wolf has not taken any action with respect to Parcel A that would constitute a Yreka City Council Agenda
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fraudulent conveyance or voidable preferential transfer under applicable law. Wolf is currently solvent, and shall not be rendered insolvent by virtue of the sale of Parcel A to the City, and Wolf has not otherwise taken any action, which would subject Wolf to applicable bankruptcy or similar laws affecting the rights of creditors generally. Wolf has not received notice of any attachments, executions, assignments for the benefit of creditors, receiverships, conservatorships, or voluntary or involuntary proceedings in bankruptcy pursuant to any other debtor relief laws filed or pending against Wolf, and Wolf has not filed any such actions or petitions. u. Unpaid Assessments. Wolf has not received notice of: (a) unpaid assessments for public improvements against Parcel A, (b) assessments for any street paving or curbing heretofore laid or (c) any outstanding unpaid assessments or charges for the installation of such utilities or for making connection thereto.
v. Flood Zone. Wolf has not received notice that Parcel A is located in a Special Flood Hazard Area as designated by the Federal Emergency Management Agency. w. Geological Conditions. Wolf has not received notice that: (a) there are geological conditions affecting Parcel A that would adversely affect the construction of improvements, including, without limitation, the New Reservoir, on Parcel A or the ownership and operation thereof or (b) Parcel A is located in an earthquake fault zone (a Special Studies Zone, Public Resources Code Sections 2621-2625).
x. Access; Permits. To the best of Wolf’s knowledge after reasonable inquiry, there are no facts or conditions that could result in the termination of the present access from Parcel A to any existing highways or roads, or in the termination or expiration of any conditional use permits, sign permits, or similar governmental permits or approvals necessary for the development of Parcel A.
y. Conflict of Interest. Wolf represents that it has no existing financial interest and will not acquire any such interest, direct or indirect, which could conflict in any manner or degree with the performance of services required under this Agreement and that no person having any such interest shall be subcontracted in connection with this Agreement or employed by Wolf.

11. Indemnity. To the fullest extent permitted by law, Wolf shall indemnify, hold harmless, and defend the City, its officers, agents, elected officials, employees, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property to the extent arising out of, pertaining to or relating to the negligence, recklessness, or willful misconduct of Wolf or any of his employees, servants, agents, or subcontractors in the performance of, or in any way related to this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of the City’s choice. The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost to the extent arising out of or in any way related to the negligent, reckless, and/or willful misconduct of Wolf or any of his employees, servants, agents, or subcontractors arising from or related to the transaction set forth in this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Yreka City Council Agenda
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parties to be interpreted and construed to provide the City with the fullest protection possible under the law.

12. City’s Remedies. In the event of Wolf’s breach of any term or condition of this Agreement and his failure to cure same within at 14 days written notice from the City specifying the breach, the City shall be entitled to any or all of the following remedies, each of which is cumulative and nonexclusive, and which said rights are in addition to other rights granted by law or set forth elsewhere in this Agreement:
a. Compensatory Damages: Actual, consequential, incidental, and punitive damages.
b. Injunctive/Equitable Relief: Temporary or permanent injunctions or other equitable relief.
c. Specific Performance: Specific performance of its rights under this Agreement.
d. Restoration of Property Boundaries. A lot line adjustment restoring the boundaries of Parcel A and Parcel B to either (i) their pre-lot line adjusted boundaries, or (ii) their post-First LLA boundaries.

13. Wolf’s Remedies. Wolf’s remedies for any breach of this Agreement shall be limited to actual monetary damages.

14. General Terms and Conditions.
a. Section Headings. The Article and Section headings of this Agreement are for the purposes of reference only and shall not be used for limiting or interpreting the meaning of any Article.
b. Notices. All notices under this Agreement must be given in writing and will be deemed sufficiently given and served for all purposes when delivered: (i) personally, in which case it will be deemed to be received on delivery; (ii) by generally recognized overnight delivery service, in which case it will be deemed delivered on the business day after it is delivered to such service for overnight delivery, postage pre-paid; (iii) by facsimile (provided that sender retains a printed confirmation of delivery to the facsimile number provided below), in which case it will be deemed delivered based on the time shown in the confirmation; (iv) by electronic mail, in which case it will be deemed delivered on the date sent; or (v) three days after deposit in the United States mail certified or registered, return receipt requested, with postage prepaid; addressed to the respective party as follows (or at such other addresses as shall be specified by like notice):

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If to Wolf:

Robert Wolf
P.O. Box 364
Yreka, CA 96094
Email: [email protected]
Telephone: (818) 400-4215
Fax: (530) 937-7567
If to the City:

City of Yreka
Attn: City Manager
701 Fourth Street
Yreka, CA 96097
Email: [email protected]
Telephone: (530) 841-2386
With a copy to:

Colantuono Highsmith & Whatley, PC
Attn: Andrew L. Jared
790 E Colorado Blvd., Ste. 850
Pasadena, CA 91101
[email protected]
Tel: (213) 542-5739
Fax: (213) 542-5710
c. Waiver of Performance. Either party may waive the satisfaction or performance of any conditions or agreements in this Agreement which have been inserted for its own and exclusive benefit. Such waiver must be made in a writing signed by the waiving party, which shall specify the waived condition or agreement and be delivered to the other party hereto in the same manner as written notices hereunder.
d. Governing Law. The validity, construction and operational effect of this Agreement shall be governed by the laws of the State of California without reference to the choice of law and conflicts of law rules and principles of such State. Any and all disputes arising under this Agreement shall be brought exclusively in Siskiyou County Superior Court. e. Prior Agreements. This Agreement supersedes any and all oral or written agreements between the parties hereto regarding Parcel A and Parcel B, which are prior in time to this Agreement. Neither the City nor Wolf shall be bound by any prior understanding, agreement, promise, representation, or stipulation, express or implied, not specified herein. f. Counterparts. This Agreement may be executed in multiple counterparts and all such executed counterparts shall constitute one agreement, binding on all of the parties Yreka City Council Agenda
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hereto, notwithstanding that all of the parties hereto are not signatories to the original or to the same counterpart. This Agreement shall not be binding unless and until all parties hereto have executed same.
g. Attorneys’ Fees and Costs. In any action between the parties hereto seeking the enforcement of any of the terms and provisions of this Agreement, or in connection with Parcel A, the prevailing party in such action shall be awarded its reasonable costs and reasonable attorneys’ fees of such action, including any appeal or review thereof. h. Severability. If any portion of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.
i. No Merger; Survival of Representations, Warranties and Agreements.

All representations, warranties, and agreements contained herein shall survive the date of perfection of the Second LLA. The City and Wolf hereby agree to indemnify, defend, and hold harmless the other from any and all loss, liability, damage, cost, or expense (including, without limitation, attorneys’ fees) resulting from any inaccuracy in or breach of any representation, warranty or covenant by the indemnifying party. This Agreement, each provision of it, and all warranties and representations in this Agreement will survive the date of perfection of the Second LLA and will not merge in any instrument or document adjusting the lot lines of Parcel and Parcel B.
j. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of permitted successors and assigns of the parties hereto. Neither Party may assign their rights under this Agreement to any entity without the prior consent of the other Party. k. Time is of the Essence. Time is of the essence in the performance of the Parties’ respective obligations under this Agreement.
l. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the parties to it and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any third person to any party to this Agreement or give any third person any right of subrogation or action over against any party to this Agreement.
m. Remedies Cumulative. Except as provided herein, the remedies set forth in this Agreement are cumulative and not exclusive to any other legal or equitable remedy available to a party.
n. Further Assurances. The City and Wolf agree to execute all documents and instruments reasonably necessary and to take all other reasonable action required to consummate the purchase and sale herein contemplated.
o. Performance on Non-Business Day. If the time period for the performance of any act called for under this Agreement expires on a Saturday, Sunday or any other day in which banking institutions in the State of California are authorized or obligated by law or Yreka City Council Agenda
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executive order to close (“Holiday”), the act in question may be performed on the next succeeding day that is not a Saturday, Sunday, or Holiday.
p. Construction of Agreement. Neither party shall be deemed to be the drafting party for purposes of construction of the terms and provisions of this Agreement. q. Possession. Upon perfection of the First LLA, Wolf shall deliver possession of the real property that was a part of Parcel A and that became a part of Parcel B as a result of the First LLA. Upon perfection of the Second LLA, the City shall deliver possession of the real property that was a part of Parcel B and that became a part of Parcel A as a result of the Second LLA.
r. Amendments. This Agreement may be amended only by written agreement signed by both of the parties hereto.

IN WITNESS WHEREOF, Wolf and the City have executed this Agreement as of the date set forth below.

City of Yreka, a California municipal corporation
By:

Name: John Elsnab
Title: Interim City Manager
Date:

Robert Wolf:

Robert Wolf, an individual
[Attach Notarization]

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[NOTARY PAGE – ROBERT WOLF]

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[NOTARY PAGE – CITY OF YREKA]
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EXHIBIT A
Depictions of Parcels A and B
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ROBERT WOLF
APN: 053-662-030
2012-001971

STATE OF CALIFORNIA
APN: 053-662-090
VOL. 686 PAGE 3
1133 O.R. 378
CITY OF YREKA APN: 053-662-080

EVANHOE TRUST
APN: 053-662-020
09-0010329

HUMBUG ROAD

LEBARON
APN: 053-662-780
10-0010833

EXHIBIT A
JOB #0069.53
9/05/25

DATE CITY OF YREKA

HUMBUG TANKSITE

CURRENT BOUNDARY
0 12060
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ROBERT WOLF
APN: 053-662-030
2012-001971

STATE OF CALIFORNIA
APN: 053-662-090
VOL. 686 PAGE 3
1133 O.R. 378
CITY OF YREKA APN: 053-662-080

EVANHOE TRUST
APN: 053-662-020
09-0010329

HUMBUG ROAD

LEBARON
APN: 053-662-780
10-0010833

EXHIBIT A
JOB #0069.53
9/05/25

DATE CITY OF YREKA

HUMBUG TANKSITE

CURRENT BOUNDARY
0 12060

PARCEL A

PARCEL B
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EXHIBIT B
Legal Description of Parcel A
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EXHIBIT C-1.T
Proposed Lot Line (Boundary Line) Adjustment:

TRANSFER PARCEL
That portion of Parcel A to be included in Parcel B through the First Lot Line Adjustment

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BLA #1 June 11, 2025
Transfer Parcel 0069.53

Page 1 of 1 ends

EXHIBIT A
That certain parcel of land situate in the City of Yreka, County of Siskiyou, State of California, included within Lot 18 of Section 21, Township 45 North, Range 7 West, Mount Diablo Meridian, being a portion of the land described in a Grant Deed to Robert C. Wolf, recorded on March 6, 2012, as document number 12-0001971, Siskiyou County Records, being described as follows:

COMMENCING at the northwest corner of the 1.01 acre parcel, as shown on a Record of Survey filed on February 23, 1978, in Book 9 of Record of Surveys at Page 54, Siskiyou County Records, said point also being in the North line of said Section 21; thence along the North line of said Section 21, South 89°02’21” East (shown as North 89°28’ West on said Record of Survey), a distance of 209.40 feet, to the northeast corner of said 1.01 acre parcel, said point being the TRUE POINT OF BEGINNING; thence along the East line of said 1.01 acre parcel, South 0°57’39” West, a distance of 147.71 feet; thence leaving said East line along a non-tangent curve to the left, from a point with a radial bearing of North 63°41’17” East, having a radius of 140.00 feet, a distance of 63.06 feet, through a central angle of 25°48’26”; thence South 52°07’08” East, a distance of 38.02 feet; thence along a tangent curve to the left, having a radius of 55.00 feet, a distance of 47.55 feet, through a central angle of 49°32’14”; thence North 78°20’38” East, a distance of 16.00 feet to the westerly line of “Parcel I” as described in a Grant Deed to the Town of Yreka City, recorded on March 27, 1959, in Volume 420 of Official Records at page 437, Siskiyou County Records; thence along the westerly and northerly lines of said “Parcel I” the following three courses:

1. North 16°51’50” West, a distance of 20.67 feet;

2. North 79°58’10” East, a distance of 98.49 feet;

3. South 77°47’10” East, a distance of 13.96 feet to the East line of said Lot 18; thence along said East line of Lot 18, North 16°51’50” West, a distance of 198.32 feet to the northeast corner of Lot 18; thence along the North line of said Section 21, North 89° 02’21” West, a distance of 174.74 feet to the POINT OF BEGINNING.

CONTAINING: 0.95 acres, more or less.

Surveyor’s Note: The foregoing description is based on the California Coordinate System of 1983 (CCS83), Zone 1. Bearings and distances shown herein are grid unless otherwise noted. To obtain ground distances, divide grid distances by the following combined grid factor: 0.999879.

SUBJECT TO all Covenants, Rights, Rights-of-Way, and Easements of Record, if any.

EXHIBIT “B” attached and by this reference made a part hereof.

This description was prepared by me:
____________________________________
Wesley K. Inman, L.S. 9500
DRAFT
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ROBERT C. WOLF
DOC# 12-0001971

STATE OF CALIFORNIA
VOL. 686 PAGE 3
1133 O.R. 378

EVANHOE TRUST
DOC# 09-0010329
PAGE 1 OF 2
JOB #0069.53
6/11/25
DATE

BOUNDARY LINE ADJUSTMENT

EXHIBIT B
SEC. 21, T.45.N, R.7.W, M.D.M.
0 1 IN = 120 FT
12060

RESULTANT

PARCEL A

6.94± ACRES

1.01 ACRE PARCEL
PER 9 RSB 54

CITY OF YREKA

WATER TANK
PARCEL
420 O.R. 437
(PARCEL I)

LINE ADDED

LINE REMOVED
LEGEND

DIMENSION POINT
TRANSFER PARCEL 0.95± ACRES

RESULTANT

PARCEL B

1.39± ACRES
(SEE SHEET 2)
NOTE: BEARINGS AND DISTANCES SHOWN HEREON ARE GRID BASED UPON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE 1, UNLESS NOTED OTHERWISE. TO OBTAIN GROUND DISTANCES, DIVIDE GRID DISTANCES BY THE FOLLOWING COMBINED GRID FACTOR: 0.999879.

DRAFT
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(N63°41'17"E)R
L=47.55' R=55.00' Δ=49°32'14"
N78°20'38"E

16.00'
S77°47'10"E

13.96'
L=63.06' Δ=25°48'26" R=140.00'
N79°58'10"E 98.49'
S52°07'08"E

38.02'
N16°51'50"W

20.67'
N89°02'21"W 174.74'
N16°51'50"W 198.32'
S0°57'39"W 147.71'
S16°51'50"E 158.81'
N73°08'10"E 109.99'
N16°51'50"W 160.98'
S89°02'21"E
209.40'
PAGE 2 OF 2
JOB #0069.53
6/11/25
DATE
LEGEND

DIMENSION POINT

RADIAL BEARING
RECORD DATA PER 9 RSB 54

TRUE POINT OF BEGINNING
TRANSFER PARCEL 0.95± ACRES
P.O.B
SEC. 21, T.45.N, R.7.W, M.D.M.
(~)R
(~)
0 1 IN = 50 FT
5025 NOTE: BEARINGS AND DISTANCES SHOWN HEREON ARE GRID BASED UPON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE 1, UNLESS NOTED OTHERWISE. TO OBTAIN GROUND DISTANCES, DIVIDE GRID DISTANCES BY THE FOLLOWING COMBINED GRID FACTOR: 0.999879.

FOUND 3/4'" IRON PIPE
TAGGED RCE 8433,
PER 9 RSB 54
FOUND 3/4'" IRON PIPE TAGGED RCE 7257,
PER 9 RSB 54 BEARS S78°11'42"W 6.98'
FROM NORTHEAST CORNER.

WOLF
DOC# 12-0001971

STATE OF CALIFORNIA
VOL. 686 PAGE 3
1133 O.R. 378

EVANHOE TRUST
DOC# 09-0010329

CITY OF YREKA

WATER TANK PARCEL
420 O.R. 437
(PARCEL I)

RESULTANT PARCEL A

6.94± ACRES
P.O.C.

T.P.O.B.

1.01 ACRE PARCEL
PER 9 RSB 54 RESULTANT PARCEL B

1.39± ACRES

NORTHEAST CORNER
OF LOT 18 AS SHOWN
ON 9 RSB 54.

BOUNDARY LINE ADJUSTMENT

EXHIBIT B

LINE ADDED

LINE REMOVED
DRAFT
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EXHIBIT C-1.A.1
Proposed Lot Line (Boundary Line) Adjustment:

RESULTANT PARCEL A
The resulting description of Parcel A after the First Lot Line Adjustment

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Yreka City CouncilOctober 7, 2025

Yreka City Council
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