Cities Index.
Agenda

Yreka City Council
October 21, 2025

Document
Agenda
Meeting
October 21, 2025
Body
Yreka City Council
Pages
173
Original file
8.7 MB
Text extracted from the city's file for reading and search. Open the original on ci.yreka.ca.us. That file is the official record.

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

AMENDED YREKA CITY COUNCIL MEETING AGENDA
October 21, 2025
Closed Session: 5:30 PM
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.

The full agenda packet can be found on the City’s website at www.yrekaca.gov/AgendaCenter. Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting, and 24 hours before each special meeting, at the City Clerk’s office at City Hall, located at 701 4th St, Yreka, California during normal business hours. Any writing that is subject to disclosure that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at the City Clerk’s office during normal business hours.

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

Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to Government Code section 54953(f), remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below.

Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. to the City Clerk prior to the meeting or to attend the meeting in person." Written comments will be distributed to the Councilmembers but will not be read aloud at the meeting.

NOTE: Councilmember McCoy will be participating remotely (Gov. Code section 54953(f)(2)(A)(i), Just Cause, medical illness). Public participation shall be allowed remotely via https://us02web.zoom.us/j/6194957056?omn=82090705547

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

2. PUBLIC COMMENT ON CLOSED SESSION ITEMS:

Public participation is limited to those items listed for closed session.

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

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

This meeting is being livestreamed and can be viewed on Siskiyou Media Council’s YouTube Channel https://www.youtube.com/channel/UCzx2GSYFCrgE5przvnzitXQ Amended Yreka City Council Agenda
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Councilmembers, when recognized by the Mayor, may ask questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. • Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.

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

3. CLOSED SESSION:

The City Council will recess to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
a. Public Employee Employment (Government Code Section §54957) Position: City Manager

4. 6:30PM CALL TO ORDER REGULAR SESSION, PLEDGE OF ALLEGIANCE & REPORT OUT FROM CLOSED SESSION:

5. ROLL CALL:

6. APPROVAL OF THE AGENDA:

7. PRESENTATIONS: (NONE)

8. PUBLIC COMMENTS:

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

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

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

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• 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.

9. CONSENT AGENDA:

All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval/ratification of payments issued from September 28, 2025, through October 11, 2025. b. Approval of the Minutes of the Regular Meeting held October 7, 2025. c. Adoption of Resolution 2025-38 of the City Council of the City of Yreka Setting Forth the Appropriations Limit for the City of Yreka for Fiscal Year 2025-2026. d. Motion to Direct the City Manager to Waive Fees for an Encroachment Permit and the Use of the City Stage and Approve the Stipend Request for the Special Event Known as the “2025 Yreka Holiday Parade”
e. Approval of the First Amendment to Purchase and Sales Agreement with Pac Trust Realty for Assessor’s Parcel Numbers 061-163-010, 061-272-030, 061-272-070 & 061-281-010 (915 S. Main Street & 918 4th Street).
f. Approve the Appointment of Aiden Welch to the Yreka Fire Department. g. Motion to Authorize the Mayor to sign the draft letter of Support for Siskiyou County Health and Human Services Agency (HHSA) Bond BHCIP Roud 2: Unmet Needs Application. h. Adoption of Resolution 2025-39 of the City Council of the City of Yreka Adopting a Revised Procurement Policy Incorporating Environmentally Preferable Purchasing Requirements Pursuant to California Public Contract Code Sections 12400-12404.

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

10. PUBLIC HEARINGS:

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

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Planning Manager
a. Agenda Title: Master Fee Schedule Update
Recommended City Council Action: Motion to Approve City Resolution 2025-40 of the City Council of the City of Yreka Adopting an Updated Comprehensive Fee Schedule and Adopt the Finding that the Project is Statutorily Exempt From CEQA.

11. CITY BUSINESS:

Assistant City Manager
a.Agenda Title: Second Reading of Ordinance No. 885 Amending Titles 5, 9, and 16 of the Yreka Municipal Code to all non-storefront retail medicinal cannabis delivery.

Recommended City Council Action: (1) Motion to Waive full reading of Ordinance; And Approve Second Reading of Ordinance 885 Titled: 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” AND FINDING SUCH ORDINANCE EXEMPT FROM CEQA; and (2) Direct the City Clerk to publish a summary of Ordinance 885 consistent with Government Code Section 36399; and (3) the City Manager is directed to take all other actions required for adoption and implementation of Ordinance 885.

Finance Director
b.Agenda Title: Discussion/Possible Action: Approve Resolution of the Yreka City Council Adopting the Amended Budget for Fiscal Year Ending June 30, 2026, and Adopting the Budget for Fiscal Year Ending June 30, 2027.

Recommended City Council Action: Motion to Approve Resolution 2025-41 of the City Council of the City of Yreka Adopting the Amended Budget for Fiscal Year Ending June 30, 2026, and Adopting the Budget for Fiscal Year June 30, 2027.

Planning Manager
c.Agenda Title: Accessory Dwelling Unit (ADU) Fee Waiver Program Recommended City Council Action: Motion to Approve Resolution 2025-42 of the City Council of the City of Yreka Establishing a Fee Waiver Program for Accessory Dwelling Units in Support of the 6th Cycle Housing Element.

Councilmember Middleton
d.Agenda Title: Discussion/Possible Action: Discussion with City Council to Open City Hall to the Public On Fridays During Normal or Revised Business Hours.

Recommended City Council Action: (1) Return to full opening on Fridays from 8:00 am to 5:00 pm with a twomonth temporary closure on Fridays beginning when dog licenses are due and at the end of period return to full operational days of Friday (2) Reduce public hours on Fridays to 9:00 am to 4:00 pm (3) Reduce public hours on Fridays to 8:00 am to 12:00 pm.
f. CITY MANAGER/STAFF REPORTS:

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

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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.
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 5:30PM on October 21, 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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Colleen Baker, Mayor
James Clair, Mayor Pro Tempore
Corey Middleton, Councilmember
Drake Davis, Councilmember
Paul McCoy, Councilmember
John Elsnab, Interim City Manager
Juliana Lucchesi, Asst. City Manager
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
Melissa Sandberg, Human Res. Director
Cyndy Prohaska, City Clerk
Mark Gilman, Police Chief
Jerry Lemos, Fire Chief
Andrew Jared, City Attorney

YREKA CITY COUNCIL MEETING MINUTES
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 The meeting was called to order at 6:30 pm

2. ROLL CALL:

Councilmembers McCoy, Middleton, Clair & Baker are present. Councilmember Davis was absent.

3. APPROVAL OF THE AGENDA:

Motion to Approve the Agenda as presented
MOTIONED: Councilmember Middleton
SECOND: Councilmember Baker
This meeting is being livestreamed and can be viewed on Siskiyou Media Council’s YouTube Channel https://www.youtube.com/channel/UCzx2GSYFCrgE5przvnzitXQ Amended Yreka City Council Agenda
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AYES: Councilmembers McCoy, Middleton, Clair & Baker
NO’s: -0-
ABSENT: Councilmember Davis
The motion passes

4. PRESENTATIONS:
 Teen Challenge – Ryan Horvath

5. PUBLIC COMMENTS:

Public comment received by: Louise Gliatto, Kimberlee Abbott, Jennifer Silvera & Jan Osborn

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.

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

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.

Amended Yreka City Council Agenda
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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.” Public comment received by: Louise Gliatto & Jan Osborn 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 and 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 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 MOTION: Councilmember Middleton
SECOND: Councilmember McCoy
AYES: Councilmembers McCoy, Middleton & Clair
NO’s: Councilmember Baker
ABSENT: Councilmember Davis
The motion passes

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.

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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.

No public comment received.

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.

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

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.

Public comment received by: Lorenzo Love, Louise Gliatto, Jan Osborn, & Dawnmarie Autry Motion to put Planning Commission on hiatus for a time period not to exceed a year MOTIONED: Councilmember Middleton
SECOND: Councilmember Clair
AYES: Councilmembers McCoy, Middleton, Clair, & Baker
NO’s: -0-
ABSENT: Councilmember Davis
The motion passes
f. CITY MANAGER/STAFF REPORTS:

City Manager John Elsnab gave an update
Fire Chief Jerry Lemos gave an update
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 McCoy gave an update
Councilmember Middleton gave an update on COC. Councilmember requested that the item of city hall hours be added to the October 21st agenda
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Councilmember Clair gave an update
Councilmember Baker gave an update. Councilmember Baker requested that the Ad Hoc Communications Committee be brought back with Councilmember Middleton, Councilmember Baker, and John to sit on the committee.
h. ADJOURNMENT:

Meeting adjourned at 8:54 PM
____________________________
Mayor of the City of Yreka
Minutes approved by City Council
Motion on October 21, 2025
___________________________
Cyndy Prohaska, City Clerk
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
Prepared by: Emily Aldrich, Finance Director
Agenda title: Adopt A Resolution Setting Forth the Appropriations Limit for the City of Yreka for Fiscal Year 2025-2026
Meeting date: October 21, 2025
Discussion:

Article XIIIB of the California Constitution (Article 4) and related implementing legislation provide for an annual "appropriations limit" for each entity of local government and require the governing body of each local jurisdiction to establish its appropriation limit by resolution each year.

The appropriation limit does not apply to the entire City budget but only to the appropriation of "proceeds of taxes" in the City's "general government" type funds.

From 1980-81 to 1989-90, each year's appropriation limit was based on the previous year's limit, multiplied by the percentage change in population and the percentage change in the United States Consumer Price Index or the change in California per capita income, whichever was less. Proposition 111, which was approved by the voters in June 1990, amended the factors used in the calculation of each year's limit. The factors to be used now are:

Population Factor - At the City's option, either the annual change in City or County population.

Price Factor - At the City's option, either the change in California per capita income or increase in non-residential assessed valuation due to new construction.

The formula to be used in calculating the growth rate is:
% change in population + 100.00
100
times either
% change in per capita income + 100.00
100.00
or
Change in non-residential assessments + 100.00
100.00
The resultant rate times the previous appropriation limit equals the new appropriation limit.

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Both the California per capita personal income price factor and the population percentage change factors are provided by the State Department of Finance (DOF) to local jurisdictions each year. Population percentage change factors estimate changes in the City’s population between January of the previous fiscal year and January of the current fiscal year. These numbers provide the factor to be used in the City’s calculation of the Gann limit.

In May 2024, the State Department of Finance notified each city of the population changes and the per capita personal income factor to be used in determining appropriation limits.

The Finance Director, using the change in per capita income method, has made the following calculation as applied to the City of Yreka for 2025-26 is: The population at January 1 of the previous year compared to January 1, 2025 (DOF Estimates 7,879) is a

0.64% increase. The increase in the California per Capita Income for 2025-26 is 6.44% The factor for determining the year-to-year increase computed as:

0.64 + 100.00 x 6.44 + 100.00 = 1.07121216
100.00 100.00
Applying this year’s factor of (1.07121216) to last year’s limit of $23,291,190, the Gann limit for Fiscal Year 2025-26 is $24,949,806. With appropriations subject to the limit totaling approximately $13,587,518, the City of Yreka is not at risk of exceeding the Gann limit.

Fiscal Impact:

The Gann Limit sets to restrict budgeting expenditures by subjecting an appropriations limit to no more than $24,949,806. The City is budgeting $13,587,518 for expenditures that are subject to the appropriations limit. The City is not at risk of exceeding the limit.

Recommendation and Requested Action:

Adopt A Resolution Setting Forth the Appropriations Limit for the City of Yreka for the Fiscal Year 2025-2026.

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RESOLUTION NO. 2025-38

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

SETTING FORTH THE APPROPRIATIONS LIMIT FOR THE
CITY OF YREKA FOR FISCAL YEAR 2025-2026
WHEREAS, Article XIII B of the Constitution of the State of California as implemented by SB 1352 of 1980 and amended by Proposition 111 of 1990 specifies that the total annual appropriations limit of the City shall be adjusted for the change in population and the change in cost of living; and WHEREAS, the California State Department of Finance has provided the population estimate for the City of Yreka as of January 1, 2025; to be 7,879 and WHEREAS, the California State Department of Finance has provided the annual percentage change population estimate for the City of Yreka, a increase of

0.64%, and the change in the California per capita personal income, an increase of

6.44%.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Yreka that it does determine that the appropriations limit for Fiscal Year Ending June 30, 2025 is $24,949,806. Appropriations subject to the Gann Limit are $13,587,518.

Passed and adopted this 21st day of October 2025, by the following vote:

AYES:

NAYS:

ABSENT: _________________________
Colleen Baker, Mayor
Approved as to content: ATTEST:
_________________________ _________________________
Emily Aldrich, Finance Director Cyndy Prohaska, City Clerk Amended Yreka City Council Agenda
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Planning Department
Prepared by: Alia Roca Lezra, Planning Manager
Agenda title: Request for Fee Waivers for an Encroachment Permit, the City Stage, and to Approve a $6,000 Stipend Request for the Special Event Known as the “2025 Yreka Holiday Parade.”
Meeting date: October 21, 2025
Discussion: Brian Favero, on behalf of the Yreka Elks Lodge #1980, has submitted a letter of request, attached hereto as “Attachment A,” for a $6,000 stipend to manage the Special Event known as the “Yreka Holiday Parade.” The Applicant has also requested fee waivers for an encroachment permit and city stage rental fees. The Parade will take place Saturday, November 29th, 2025.

Fiscal Impact:

1. Encroachment Permit: $100

2. City Stage: $450

3. Event Stipend: $6,000

4. Total: $6,550
Recommended Action: No recommendation.

Possible Action: Motion to Direct the City Manager to Waive Fees for an Encroachment Permit and the Use of the City Stage and Approve the Stipend Request for the Special Event Known as the “2025 Yreka Holiday Parade.”
Attachments:

1. Attachment A – Yreka Elks Lodge #1890 Stipend Request Amended Yreka City Council Agenda
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Date: 10/11/2025
To: Yreka City Council
From: AVP Brian Favero, Yreka Elks
Subj: Yreka Elks BPOE 1980 Sponsored 2025 Christmas/Holiday Parade The following expenses are paid by the Elks for the parade.

1. Insurance: $ 550.00

2. Port-a-Potties: 425.00

3. Trophies: 695.00

4. Supplies/Printing: 250.00

5. Elks volunteers – 89.5 hours@$40 3580.00

6. Sound system rental: 500.00
Total Requested: $6,000.00
Please note that this request is less than the past two years of $7500.

Our involvement with this event over the past years has proven our commitment to a well-organized parade. This is a win-win for the City and the Elks. The parade showcases our community, provides a greater opportunity for local merchants to garner sales tax for the City, and demonstrates that “Elks Care, Elks Share.” Our volunteers are already deep into the planning process, and are looking forward to bringing many of our locals downtown to kick off the Christmas Holiday season.

Thank you for your consideration of this request. Brian Favero Amended Yreka City Council Agenda
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Property Sale Agreement with Pac
Trust Realty First Amendment
To: City Council
From: John Elsnab, City Manager
Subject: Approval of the First Amendment to Purchase and Sales Agreement with Pac Trust Realty for Assessor’s Parcel Numbers 061-163-010, 061-272-030, 061-272-070 & 061-281-010.

Attachments: 1. First Amendment To Purchase And Sale Agreement And Joint Escrow Instructions With Pac Trust Realty
Summary:

The City of Yreka City Council on September 16, 2025, at the Regular City Council meeting approved a Property Sale Agreement (PSA) with Pac Trust Realty for the purchase of four parcels: 061-160-010, 061-272-030, 061-272-070, & 061-281-010. Upon opening escrow two items were identified within the PSA that require correcting. The first item is the addition of Assessor’s Parcel Number (APN) 061-281-010. The APN was referred to in the PSA as being deleted but not included in the APNs listed as part of the sale. The second item in need of correction is the situs addresses. The original PSA is incorrect in listed “918 S Main Street) as part of the sale. The proposed amendment adds APN 061-281-010 to Exhibit A and the situs address is corrected to “918 Fourth Street”.

Recommended Actions:

Approval of the First Amendment to Purchase and Sales Agreement with Pac Trust Realty for Assessor’s Parcel Numbers 061-163-010, 061-272-030, 061-272-070 & 061-281-010.

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FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
This FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this "Amendment") is made as of October 6, 2025, by and between PACIFIC REALTY ASSOCIATES, L.P., a Delaware limited partnership ("Seller"), and the CITY OF YREKA, a California municipal corporation ("Buyer").

RECITALS
A. Buyer and Seller are the parties to that certain Purchase and Sale Agreement and Joint Escrow Instructions (the "PSA") for certain real property situated in the City of Yreka, County of Siskiyou, State of California, located at the addresses commonly known as 915 S Main Street and 918 Fourth Street (mistakenly referred to in the PSA as 918 S Main Street), Yreka, California, and more particularly described in the PSA (the "Property"). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to them in the PSA.

B. Buyer and Seller desire to modify the PSA as set forth below in this Amendment.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties agree as follows:

1. Notwithstanding anything in the PSA to the contrary, the parties hereby agree the Effective Date of the PSA is October 1, 2025.

2. Exhibit A to the PSA is hereby deleted in its entirety and replaced with Exhibit A attached hereto and incorporated herein by this reference.

3. Except as otherwise provided in this Amendment, the PSA shall remain in full force and effect. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument.

Facsimile or pdf signatures shall be sufficient to constitute a valid and binding agreement. [signatures on following page]
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IN WITNESS WHEREOF, this Amendment is executed in multiple originals by Buyer and Seller as of the date first written above.

SELLER:

PACIFIC REALTY ASSOCIATES, L.P.,
a Delaware limited partnership
By: PacTrust Realty, Inc.,
a Delaware corporation,
its General Partner
By:

Scott D. Hodson, Vice President
BUYER:

CITY OF YREKA,
a California municipal corporation
By:

Name:

Title:

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EXHIBIT A
Legal Description of Property
[see attached]
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Letter of Support for Siskiyou County Health
and Human Services Agency (HHSA) Bond
BHCIP Round 2: Unmet Needs Application
To: City Council
From: Juliana Lucchesi, AICP, Assistant City Manager
Attachments: 1. Draft Letter of Support

2. Siskiyou County HHSA Project Information
Summary:

Siskiyou County Health and Human Services Agency (HHSA) are applying for funding to construct a new outpatient clinic on County owned property at the corner of Moonlit Oaks and Campus Drive. HHSA requests a letter of support from the City of Yreka for this funding application.

Background:

Siskiyou County HHSA operates an outpatient clinic on Campus Drive that does not meet the departments needs and upcoming state requirements. The current facility is limited in space capacity and proper space for outpatient treatments.

HHSA has provided a copy of a presentation presented to the Siskiyou County Board of Supervisors outlining the challenges the department is facing and the proposed project.

The project is subject to City municipal code requirements including the submission and approval of a site plan prior to construction. The Planning Department has received project information and is processing pursuant to the City’s municipal code. The support of this funding application would not waive this requirement.

Recommended Actions:

1. Motion to authorize the Mayor to sign the draft letter of support for Siskiyou County Health and Human Services Agency (HHSA) Bond BHCIP Round 2:

Unmet Needs Application
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October 21, 2025
California Department of Health Care Services (DHCS)
1501 Capitol Avenue
Sacramento, CA 95814
RE: Letter of Support for Siskiyou County Health and Human Services Agency (HHSA) Bond BHCIP Round 2: Unmet Needs Application
Dear DHCS and Advocates for Human Potential (AHP) staff, The City of Yreka is pleased to express its support for Siskiyou County Health and Human Services Agency’s application for Round 2 of the Behavioral Health Continuum Infrastructure Program (BHCIP) – Unmet Needs funding, to develop a new mental health and substance use disorder outpatient clinic.

The current Behavioral Health building is no longer adequate to meet the needs of the community. The rural nature of Siskiyou County creates barriers for clients in accessing the full range of services required to support the whole person. BHCIP funding would allow the County to develop a modern facility that expands both the number and quality of services available. By ushering multiple units of Health and Human Services into one location, the County would be able to provide multi-disciplinary care teams and more effectively coordinate services.

The proposed clinic would also create dedicated spaces for evidence-based treatments such as ParentChild Interaction Therapy (PCIT) and High-FidelityWraparound (HFW), along with other practices required under the Behavioral Health Services Act. Co-locating programs would streamline access and provide clients with integrated treatment and supportive services in one centralized setting.

The current facility and treatment options do not fully address the behavioral health and substance use disorder needs of Siskiyou County. The City Council of Yreka strongly supports this project and encourages the allocation of BHCIP funding to ensure this crucial investment becomes a reality for Siskiyou County.

Thank you for your consideration.

Respectfully,
Coleen Baker, Mayor
City of Yreka
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SISKIYOU COUNTY HHSA
BHCIP ROUND 2 UNMET

FUNDING NEEDS
Proposal for a New Behavioral Health & SUD Outpatient Clinic Amended Yreka City Council Agenda
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CURRENT CHALLENGE
- Behavioral Health has outgrown current space due
to new mandated services and upcoming
requirements (e.g. Mobile Crisis, CARE Court, and
many other programs)
- Limited capacity restricts growth and program
implementation
- Existing facility lacks specialized treatment areas
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-New building will reduce future costs to the
agency (current facility is leased monthly for
$33,005.70). Cost will increase next fiscal year.
- Savings will free resources for treatment services
- Critical given anticipated federal funding changes

FINANCIAL IMPACT
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PROGRAM EXPANSION
NEEDS
- Required to implement new evidence-based programs
- Required to expand services to new populations
- Some programs require specialized treatment spaces not currently available
- Need larger space to co-locate Behavioral Health Services with Child/Adult Protective Services, and Housing to better coordinated complex care needs
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POSSIBLE SOLUTION
Behavioral Health Continuum Infrastructure Program
- Bond BHCIP Round 2: Unmet Needs Request for Applications - Department of Health Care aims to distribute grant funds to rural or remote areas with outstanding behavioral health needs or insufficient behavioral health infrastructure
- Purpose to develop an array of behavioral health treatment settings to help provide appropriate care facilities for individuals experiencing mental health and substance use disorders.

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URGENT OPPORTUNITY
- Infrastructure funding is limited
- This is the final round of BHCIP funding
- BHCIP funds 90% of project cost
- Rare opportunity to meet growing community needs
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CLIENT & STAFF SAFETY
- Populations served have increasingly complex needs
- Need office space that is safe and adaptable
- Ability to separate populations
(for example- drug testing, child/parent visitation)
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FAMILY-FRIENDLY DESIGN
- Dedicated spaces for family visitations
- Welcoming environment to support healing and
recovery
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REQUEST
- Request for direction regarding HHSA’s proposed
application for BHCIP Round 2 Unmet Needs funding
- Request of Support for HHSA’s investment in a new
mental health and substance use disorder outpatient
clinic to better serve Siskiyou County residents
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THANK YOU
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Environmentally Preferable
Purchasing Policy Updates
To: City Council
From: Emily Aldrich, Finance Director
Subject: Adoption of Revised Purchasing Policies Incorporating Environmentally Preferable Purchasing Requirements
Attachments: 1. City Council Resolution No. 2025-39 “A Resolution Of The City Council Of The City Of Yreka Adopting A Revised Procurement Policy Incorporating Environmentally Preferable Purchasing Requirements Pursuant To California Public Contract Code Sections 12400-12404”

2. Exhibit A: City of Yreka Purchasing Policy (Revised) Summary:

City of Yreka Staff are preparing a grant application to the Solid Waste Disposal and Codisposal Site Cleanup Grant Program, facilitated by CalRecycle, to complete cleanup of city-owned properties along Campus Drive. These properties were used as an illegal homeless encampment until July 2025 when the encampment was trespassed. Since the disillusionment of the encampment, City Staff and local contractors work to clean the property for future park use.

CalRecycle requires all applicants to have updated purchasing policy to include the Environmentally Preferable Purchasing Policy outlined in Public Contract Code Sections 1200-12404. The attached Exhibit A includes all pertinent information to meet these state code sections making the City eligible for funding from CalRecycle.

Recommended Actions:

Adoption of Resolution 2025-39 of the City Council of the City of Yreka Adopting a Revised Procurement Policy Incorporating Environmentally Preferable Purchasing Requirements Pursuant to California Public Contract Code Sections 12400-12404.

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RESOLUTION NO. 2025-39

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

REVISED PROCUREMENT POLICY INCORPORATING ENVIRONMENTALLY

PREFERABLE PURCHASING REQUIREMENTS PURSUANT TO CALIFORNIA PUBLIC CONTRACT CODE SECTIONS 12400-12404
WHEREAS, the City of Yreka is committed to the responsible stewardship of public funds and the procurement of goods and services in a manner that is ethical, cost-effective, and transparent; and
WHEREAS, the California Legislature enacted Public Contract Code Sections 12400-12404, establishing requirements for environmentally preferable purchasing to protect human health and the environment; and
WHEREAS, Public Contract Code Section 12400 defines "environmentally preferable purchasing" as the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose; and
WHEREAS, the City of Yreka recognizes the importance of environmental stewardship and wishes to incorporate environmentally responsible purchasing practices into its procurement procedures; and
WHEREAS, the revised Procurement Policy balances environmental considerations with practical requirements for performance, adequate competition, and reasonable pricing as required by Public Contract Code Section 12403; and
WHEREAS, the City Council has reviewed the revised Procurement Policy and finds that it serves the best interests of the City and its residents by promoting responsible purchasing practices that consider both economic and environmental impacts; and
WHEREAS, the revised Procurement Policy maintains existing procurement thresholds and procedures while adding environmentally preferable purchasing considerations throughout the procurement process;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yreka as follows:

Section 1: Adoption of Revised Procurement Policy
The City Council hereby adopts the revised "City of Yreka Procurement Policy," attached hereto as Exhibit A and incorporated herein by reference, which includes provisions for Environmentally Preferable Purchasing in compliance with California Public Contract Code Sections 12400-12404.

Section 2: Superseding Prior Policy
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The revised Procurement Policy adopted herein supersedes and replaces any and all prior procurement policies adopted by the City Council. All previous procurement policies are hereby rescinded upon the effective date of this Resolution.

Section 3: Authority and Implementation
The City Manager is hereby authorized and directed to:
a) Implement the revised Procurement Policy across all City departments; b) Develop administrative procedures and guidelines as necessary to effectuate the policy; c) Designate a single point of contact for environmentally preferable purchasing issues and assistance;
d) Provide training and resources to City staff regarding the requirements and best practices for environmentally preferable purchasing, to the extent fiscally feasible; e) Monitor compliance with the policy and report to the City Council on implementation progress as requested; and
f) Make minor administrative amendments to the policy as needed to maintain compliance with applicable laws and regulations, with substantive changes requiring City Council approval.

Section 4: Vendor Requirements
All vendors contracting with the City shall certify in writing that any environmental attribute claims they make concerning their products and services are consistent with the Federal Trade Commission's Guidelines for the Use of Environmental Marketing Terms, as required by Public Contract Code Section 12404.

Section 5: Compliance with Law
Nothing in the revised Procurement Policy shall be construed as requiring the acquisition of goods or services that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price within a reasonable period of time, consistent with Public Contract Code Section 12403.

Section 6: Preservation of Recycled Content Requirements Nothing in the revised Procurement Policy shall prohibit, limit, or supersede recycled content requirements pursuant to any other provision of law, consistent with Public Contract Code Section 12402.

Section 7: Effective Date
This Resolution shall take effect immediately upon adoption.

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Section 8: Certification
The City Clerk is hereby directed to certify the adoption of this Resolution and to maintain the revised Procurement Policy on file as a public record.

PASSED AND ADOPTED by the City Council of the City of Yreka, State of California, this 21st day of October 21, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________
Colleen Baker, Mayor
ATTEST:
________________________________
Cyndy Prohaska, City Clerk
APPROVED AS TO FORM:
_________________________________
Andrew Jared, City Attorney
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City of Yreka Procurement Policy
Purpose
The purpose of this policy is to establish consistent and transparent procurement procedures for the City of Yreka to ensure efficient use of public funds, promote fair competition, maintain integrity in all purchasing activities, and support environmentally preferable purchasing practices that protect human health and the environment.

Policy Statement
It is the policy of the City of Yreka to procure goods and services in a manner that is ethical, cost-effective, environmentally responsible, and in compliance with all applicable laws and regulations, including California Public Contract Code Sections 12400-12404. This policy applies to all City departments and employees engaged in purchasing activities.

1. General Procurement Guidelines
• All purchases must be made in the best interest of the City, considering quality, service, delivery, price, and environmental impact.
• Purchases must not be split to circumvent approval limits or thresholds. • All vendors shall be treated equitably, and opportunities for competitive bidding shall be provided where appropriate.
• The City shall give consideration to environmentally preferable products and services whenever feasible, applicable, and cost-effective.

2. Environmentally Preferable Purchasing (EPP)

2.1 Definition
Environmentally Preferable Purchasing means the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose (Public Contract Code Section 12400).

2.2 EPP Policy
Pursuant to California Public Contract Code Sections 12400-12404, the City of Yreka shall:
• Purchase and use environmentally preferable products and services that have a lesser or reduced effect on human health and the environment when compared with competing goods that serve the same purpose, whenever such products are:

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o Applicable to the City's needs
o Perform adequately for their intended use
o Available at a reasonable price within a reasonable period of time o Do not exclude adequate competition
• Consider the environmental impact throughout the product lifecycle, including: raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, and disposal.

2.3 EPP Implementation
When evaluating procurement options, City departments should give preference to products and services that demonstrate:
• Reduced energy and water consumption
• Recycled or recyclable content
• Reduced packaging or use of recyclable packaging materials • Lower toxicity and reduced emissions
• Durability and extended product life
• Ability to be reused, refurbished, or recycled
• Compliance with recognized environmental standards and certifications (e.g., Energy Star, EPEAT, Green Seal, or equivalent)
• Take-back or recycling programs offered by manufacturers

2.4 EPP Training and Awareness
The City shall, to the extent fiscally feasible:
• Provide training to purchasing personnel on the importance and value of environmentally preferable purchasing
• Develop and maintain best practices guidance for City departments • Designate a single point of contact for EPP-related questions and assistance

2.5 Vendor Environmental Claims
Vendors contracting with the City shall certify in writing that any environmental attribute claims they make concerning their products and services are consistent with the Federal Amended Yreka City Council Agenda
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Trade Commission's Guidelines for the Use of Environmental Marketing Terms (Public Contract Code Section 12404).

2.6 Relationship to Other Requirements
Nothing in this EPP policy shall prohibit, limit, or supersede recycled content requirements pursuant to any other provision of law (Public Contract Code Section 12402). EPP requirements do not mandate the acquisition of goods or services that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price (Public Contract Code Section 12403).

3. Procurement Thresholds and Procedures
Amount Procedure
Under
$10,000
Sole source procurement is permitted. Departments may use a vendor of their choosing and are not required to obtain quotes, provided the price is fair and reasonable. Documentation of the sole source rationale is encouraged but not required. Environmental considerations should be evaluated when selecting vendors.
$10,000 -
$49,999
Requires informal quotes from at least three vendors, unless a sole source justification is documented and approved by the City Manager. When evaluating quotes, consider both price and environmental attributes where applicable.
$50,000
and above
Requires a formal competitive bid or proposal process, with advertisement and City Council approval, unless an emergency or sole source procurement is formally justified and authorized. Environmental criteria may be included in bid specifications and evaluation factors.

4. Sole Source Procurement
Sole source procurement is permitted under the following conditions:
• The item or service is available from only one source. • The vendor has unique qualifications or experience.
• Compatibility or standardization with existing equipment, systems, or programs requires a specific vendor.

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• For purchases under $10,000, sole source procurement is automatically allowed without additional documentation, provided the price is fair and reasonable.

All sole source procurements over $10,000 must include a written justification and be approved by the City Manager.

5. Emergency Purchases
Emergency purchases may be made when there is an immediate need to prevent the interruption of essential services or to address a threat to public health, safety, or welfare.

These purchases must be documented and reported to the City Manager as soon as possible. Environmental considerations may be secondary to immediate health and safety needs in emergency situations.

6. Ethics and Conflict of Interest
City employees and officials involved in procurement shall avoid conflicts of interest and shall not accept gifts, gratuities, or other benefits from vendors or potential vendors.

7. Policy Enforcement
Failure to follow this procurement policy may result in disciplinary action and the potential voiding of the procurement action. The City Manager shall have the authority to interpret and enforce this policy.

8. Policy Review
This policy shall be reviewed periodically to ensure continued compliance with applicable laws and regulations and to incorporate best practices in environmentally preferable purchasing.

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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
Prepared by: Alia Roca Lezra, Planning Manager
Agenda Title: Master Fee Schedule Update
Meeting date: October 21, 2025
Suggested Motion:

Motion to approve Resolution 2025-40 A Resolution of the City Council of the City of Yreka Adopting an Updated Comprehensive Fee Schedule and Adopt the Finding that the Project is Statutorily Exempt from CEQA
Summary:

City Staff have prepared a Master Fee Schedule update for the 2025-2026 Fiscal Year. The Master Fee Schedule is a finance planning document that contains all fees associated with applications and licensing of various uses, lots, and structures within the City Limits of the City of Yreka. The Master Fee Schedule should be adopted with the budget to allow the Finance Department to accurately predict potential cost savings for departmental applications and processes.

Background:

The City of Yreka prepares and charges applicants various fees and deposits for discretionary and policy applications. Fees related to discretionary actions are calculated based on the amount of time that it takes to process the application to completion, properly file and record documentation, issue all necessary public hearing materials, and report to various state agencies depending on the action. Some fees are rounded to eliminate cents.

It has become increasingly important for local governments to be able to recover certain operating expenses through the collection of user fees. A user fee, or service fee, is a charge imposed by an agency on individuals and organizations for services that are requested by and rendered for specific benefit of the individual or organization.

User fees in California must conform to the statutory requirements of the California Constitution and the California Code of Regulations, including Government Code Section 66014. By law, local governments can levy fees for the services that it provides when the decision to utilize said services is voluntary, and the fees charged are reasonably related to the cost of providing those services. However, user fees may not exceed the reasonable costs of services for which they are collected unless the excess fees are approved by a two-thirds vote of the electorate.

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The City of Yreka imposes user fees for the planning, building, public works, fire, animal control, and city clerk services that it provides, with the majority of these fees updated annually. To avoid significant increases in the future to address staff hourly rate changes and inflation, it is recommended to update the fees on an annual basis to reflect staff hourly rate changes, inflation, and account for efficiencies in permitting to reduce the amount of time to process applications thus reducing the cost of the applications in some circumstances.

Policy Considerations
The utilization of user fees by local governments to finance certain public services that primarily benefit the individual user are common and considered bast practice in the local government industry. User fees apply to those individual and organizations that voluntarily consume services or use public facilities. User fees are favored because they create additional revenues to offset costs and can lead to more efficient utilization of resources.

While state law stipulates that user fees cannot exceed the reasonable cost of providing services, the City of Yreka may seek to recover as much of the direct and indirect costs associated with providing services as is feasible. Further, city policy may dictate which costs should be recovered and to what extent fees should offset the cost of providing services.

Spreading a portion of overhead costs to fees is a common practice among government agencies, assuming the amount and the allocation method are fair and reasonable. Arguably, certain overhead costs are necessary for the support and function of city services provided by the city. Without administrative support and supplies, city staff could not effectively service individuals within the community.

With regulatory changes and changes to city staff, the costs associated with the provision of services will vary. Because of these inherent changes, it is important that the city implement a fee schedule that can easily be updated to reflect changes as they occur. This is a critical element of any fee schedule. Flexibility and periodic review will ensure the city is able to maintain fees that are based on the current and reasonable costs of providing services to its customers.

Fees with No Change
The majority of fees associated with administrative costs, such as printing services, and statutory fees remain at the same level as the current schedule. These fees are not typically associated with the expenditure of staff time but cover the fixed cost of materials to print.

Planning Permit Fees
Majority of planning related fees have increased 12.5% due to the increase in staff hourly rates.

There is no change in the time it takes to assess these permits but staff hourly rates have increased due to union and contract negotiations approved by City Council.

Administrative parcel maps and boundary line adjustments have decreased 40% as staff are now processing these applications more efficiently.

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Building Permit Fees
The California Building Code requires building permits to follow a valuation and per fixture fee payment process. Building permit fees do not follow the same Government Code as the other City Departments. Building code fees are calculated in two ways: consumer price index (CPI) or proportional to the cost of building. Most cities rely on CPI to respond reasonably to economic factors such as recession and inflation. Factor the cost of building permits to the cost of building require a specific nexus analysis to justify the costs and have been found to over inflate building permit fees. City Staff recommend and have prepared the proposed fees based on CPI.

The Building fee increase follows the CPI for January 2025 which was -0.3%, meaning 2026 Building fees will be lower than last year’s.

Dogs License Fees
City Council adopted Resolution CCR-2022-42 that set a five-year rate schedule for dog fees.

There are no proposed changes in this fee schedule to that five-year fee schedule.

Community Center/Theater/Stage/Park Fees
City Council adopted Resolution CCR-2024-44 that established rental rates for the center and theatre. There are no proposed changes in this fee schedule.

Environmental Review:

The proposed action has been determined to meet the guidelines for a statutory exemption pursuant to Section 15273(a)(1) “Rates, Tolls, Fares, and Charges” of the State California Environmental Quality Act (CEQA) Guidelines. The establishment, modification, structuring, and approval of rates or other charges by public agencies are exempt from CEQA under this section. The possible adoption of the proposed master fee schedule would not result in a project that would directly or indirectly impact the environment.

Outside Agency and Public Review:

The city noticed a public hearing regarding the proposed fee schedule pursuant Government Code Section 6062(a). This section requires that a notice be placed in the newspaper and online for a minimum of 10 days ahead of the public hearing.

City Staff Recommendation
This report identified and assigned costs to existing services. The objective was to adjust the current fee structure to better reflect services provided by staff. As such, staff are recommending the City Council approve the attached resolution which adopts the presented Comprehensive Fee Schedule and find the adoption exempt from the California Environmental Quality Act.

Attachments:

Amended Yreka City Council Agenda
October 21, 2025

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1. CCR 2025-40 A Resolution of the City Council of the City of Yreka Adopting an Updated Comprehensive Fee Schedule and Adopt the Finding that the Project is Statutorily Exempt from CEQA

2. Exhibit A: 2026 Master Fee Schedule
a. Proposed Fee Schedule
b. Proposed Building Valuation Table
c. Proposed Development Deposit Form
Amended Yreka City Council Agenda
October 21, 2025

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CITY COUNCIL RESOLUTION NO. 2025-40

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF YREKA ADOPTING AN UPDATED

COMPREHENSIVE FEE SCHEDULE AND ADOPTING

THE FINDING THAT THE PROJECT IS STATUTORILY

EXEMPT FROM CEQA
WHEREAS, the City Council of the City of Yreka (the “City”) is empowered to impose reasonable fees, rates, and charges for municipal services. California Government Code Section 66000 et seq. authorizes public agencies to adopt fees for municipal services, provided such fees do not exceed the cost to the agency for providing the services. Periodically, the City of Yreka City Council reviews its fees, rates, and charges to determine whether the fees and charges are reasonably related to the cost of the regulation, services, or product provided; and to ensure that the City collects all costs reasonably borne by the City or, at a minimum, collects a substantial portion of the actual costs of the services and goods provided by the City; and WHEREAS, in connection with such review, the City Staff have developed a cost analysis of the time and rates associated with reviewing, processing, and implementing various services and goods provided by the City and had a sufficient opportunity to test and study whether the fees accurately reflect the costs reasonably borne by the City in providing City regulations, services, and products. Based upon the analysis in the accompanying staff report and its attachments, which are hereby incorporated by this reference, certain fees and charges no longer cover the actual costs of the goods and services provided by the City; and
WHEREAS, based on the analysis of the current fees, rates, and charges, City Staff is now recommending the fees, charges, and rates associated with general printing services, Planning Department services, Public Works services, Fire Department services, Community Facilities, and Building Department services and evaluations be adjusted to ensure that the fees, rates, and charges accurately reflect the costs reasonably borne by the City; and WHEREAS, the City Council continues to comply with both the letter and the spirit of the California Constitution and intends to limit the growth of taxes and expenses to the City’s General Fund, by shifting, where possible, the burden of special regulatory programs and services and products to applicants and the recipients of the benefits thereof while ensuring that those shifted costs do not exceed the reasonable cost of providing the program, service, or product; and WHEREAS, the City Council desires to establish policy of recovering the full costs reasonably borne of providing special services and programs of a voluntary and limited nature, and regulatory services deemed necessary to protect the public health, safety, and welfare, such that general taxes are not diverted from general services of a broad nature and thereby utilized to subsidize unfairly and inequitably such special services; and
WHEREAS, notice of public hearing has been given pursuant to Government Code Section 6062a, and the required public hearing was held October 21, 2025.

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NOW, THEREFORE, BE RESOLVED that the City Council of the City of Yreka hereby finds, resolves, and determines as follows:

Section 1. Adoption and Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated herein.

Section 2. Environmental Exemption. The City Council finds that the adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to a statutory exemption for “Rates, Tolls, Fares, and Charges” pursuant to Section 15273(a)(1) of the State California Environmental Quality Act (CEQA) Guidelines.

Section 3. Findings.

A. The City Council finds that the fees and charges increased pursuant to this Resolution are set at the estimated costs reasonably borne by the City in providing the regulations, services, and products to which each such fee or charge applies and in no case do they exceed the estimated cost of the service.

B. The City further finds that the City conducted an analysis of its services, the costs reasonably borne by the City in providing its services, the beneficiaries of such services, and the revenues produced by those paying fees and charges for such services.

The review and analysis set forth a mechanism to ensure that fees adopted by the City do not exceed the reasonable estimated cost for providing the services for which the fees are charged.

C. After conducting a duly noticed public hearing on October 21, 2025, and satisfying all applicable provisions of California Government Code Sections 66016 and 66018, the City Council hereby determines that the fees, rates, and charges proposed to be increased should cover the costs reasonably borne or a substantial portion of the actual costs of the services provided by the City and that the certain fees, rates, and charges identified on Attachment 2 to the staff report, satisfy this requirement.

Section 4. Adoption of Fees and Charges. Pursuant to applicable provisions of the California Constitution and the California Government Code, the City Council hereby approves and adopts the adjusted fees and charges for regulations, services, and products set forth in the excerpt attached as Attachment 2 to the Staff Report.

Section 5. Attached as Exhibit “A” to this Resolution is the updated “City of Yreka Fee Schedule” which contains: (1) the proposed building valuation fees, plan check fees, building fees, planning department fees, community facilities rental and service fees, public works fees, fire department fees, and city clerk fees; and (2) the existing fees that are not proposed to be changed. Any restatement in Exhibit “A” of existing rates and amounts for previously imposed taxes, fees, and charges is for the purpose of administrative convenience and is not intended, and shall not be construed, as the imposition, extension, or increase of any such tax, fee, or charge.

Section 6. Methodology for Calculation and Collection of Fees and Charges. The fees and charges adjusted herein shall continue to be calculated and collected in accordance with the Yreka Municipal Code and otherwise as follows:

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October 21, 2025

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A. Each fee and charge adjusted herein is for an identified regulation, service or product; additional fees shall be required for each additional regulation, service or product that is requested or required.

B. Where fees or charges are indicated on a per unit of measurement basis, the fee is for each identified unit or portion thereof within the indicated range of such units.

C. The fees or charges due shall be calculated by the various City department(s), and shall be collected prior to the City’s performance of the services, unless a written agreement is entered into for deferral of such fees, or unless otherwise provided herein.

D. Where a deposit is required for a particular service or project, the applicant shall post and maintain the required deposit prior to the City’s performance.

E. Where contracted personnel (including, without limitation, the City Attorney, Building Official, or outside special services) are utilized, or where requested dedicated contracted personnel are required or provided at an applicant’s request, the actual time spent by that contracted personnel or services, at the rates and on the terms applicable to the services provided, shall be paid by the applicant.

Section 7. Interest for Non-Payment of Invoices. The City Council authorizes staff to impose interest charges on all outstanding invoices from the date that the payment is late to the date that the invoice is paid. The applicable interest shall be the interest rate that the City earns on investments in the Local Agency Investment Fund (LAIF) that is currently then in effect on the date the invoice payment is deemed to be late.

Section 8. Repeal of Conflicting Resolutions. Any and all conflicting provisions of prior Resolutions of the City Council establishing, adjusting, or modifying fees for the services, programs or products set forth in Exhibit “A” are hereby repealed and replaced as of the effective date of the fees set forth in said Exhibit ”A”; provided, however, that such repeal shall not excuse or affect the failure of any person or entity to pay any fee heretofore imposed upon such person or entity.

Section 9. The City Manager, or designee, shall have the authority to interpret the provisions of this Resolution, Attachment 2 of the staff report, and Exhibit “A” for purposes of resolving ambiguities.

Section 10. Effective Date. The fees and charges increased pursuant to this Resolution shall take effect on January 1, 2026, following the adoption of this Resolution, pursuant to Government Code Sections 66017(a) and 66019(b).

Section 11. Low Income Fee Waiver. A Low-Income Fee Waiver is available for citation(s) and fee(s) associated with enforcement of the Critical Infrastructure Ordinance (Y.M.C Chapter 9.45) and dog licensing for eligible Low-Income households. The Community Service Fee Waiver allows eligible Low-Income households to perform community services hours at a governmental or non-profit agency in exchange of payment of fees and citations. The following income levels are eligible for the Low-Income Fee Waiver:

Amended Yreka City Council Agenda
October 21, 2025

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Annual Income Limits
Number of Persons in Household
1 2 or More
$18,825 $25,550
The Low-Income Fee Waiver requires the follow community service hours for each citation(s) or fee(s):

Type of Fee or Citation Total Community Service Hours Required Dog License: Altered 3
Dog License: Unaltered 6
Critical Infrastructure Citation 8
The total number of community service hours required for the citation(s) and fee(s) shall apply each time a citation or fee is issued or required. Individual are required to provide proof of income level to be eligible for the fee waiver.

Section 12. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Resolution or any part hereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this Resolution or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared invalid or unconstitutional.

Introduced and adopted at a regular meeting of the City Council held this 21st day of October, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Colleen Baker, Mayor
Approved as to Form: Attest:

Andrew Jared, City Attorney Cyndy Prohaska, City Clerk
Amended Yreka City Council Agenda
October 21, 2025

Page 93 of 173 ends

Type of Fee or Service Charge 2025 Adopted Fee Percent Change 2026 Proposed Fee Additional Information Last Changed Resolution or Ordinance Legal Authority Planning Department
Publication and Documents:

General Printing, Black and White (8.5" x 11") $ 0.15 0.0% $ 0.15 per page side CCR-2024-44 General Printing, Color (8.5" x 11") $ 0.25 0.0% $ 0.25 per page side CCR-2024-44 Large Scale Copies CCR-2024-44

8.5"x14" $ 0.28 0.0% $ 0.28 per page side CCR-2024-44
11"x17" $ 0.45 0.0% $ 0.45
per page (not available in
double sided) CCR-2024-44
9" x 12" $ 1.25 0.0% $ 1.25
per page (not available in
double sided) CCR-2024-44
12" x 18" $ 1.50 0.0% $ 1.50
per page (not available in
double sided) CCR-2024-44
18" x 24" $ 1.80 0.0% $ 1.80
per page (not available in
double sided) CCR-2024-44
24" x 36" $ 2.00 0.0% $ 2.00
per page (not available in
double sided) CCR-2024-44
Mailing Services $ 0.85 0.0% $ 0.85 per mailer CCR-2024-44 Address List for Mailing $ 12.00 0.0% $ 12.00 per request CCR-2024-44 Parcel Maps / Property Line Adjustment
Administrative Parcel Map/Boundary Line
Adjustment - exempt from CEQA $2,494.53 -40.3% $1,004.65 CCR-2024-44 All Gov. Code § 66451.2 & §66451.33 Conditional Certificate of Compliance/Certificate
of Compliance - exempt from CEQA N/A N/A $1,004.65
Major 2 to 4 Parcel Split - Not exempt from CEQA
$1369.91 and Deposit
for Actual Cost 12.5%
$1539.51 and Deposit
for Actual Cost CCR-2024-44
Subdivisions
Subdivision and Condominium Conversions: All Gov. Code §66451.2 Four or Less Lots (TPM)
$1369.91 and Deposit
for Actual Cost 12.5%
$1539.51 and Deposit
for Actual Cost CCR-2024-44
Five or More Lots (TPM)
$1369.91 and Deposit
for Actual Cost 12.5%
$1539.51 and Deposit
for Actual Cost CCR-2024-44
Extension $200.00 0.0% $200.00 CCR-2024-44
Annexation
$1369.91 and Deposit
for Actual Cost 12.5%
$1539.51 and Deposit
for Actual Cost
(Does not include LAFCO
& State Fees) CCR-2024-44
Use Permits/Site Development Permits & Planned
Conditional Use Permit
$1369.91 and Deposit
for Actual Cost 12.5%
$1539.51 and Deposit
for Actual Cost CCR-2024-44 Gov. Code §65104
Temporary Use Permit - Administrative Approval $ 942.55 0.0% $ 942.55 CCR-2024-44 YMC 16.45.050 Site Plan Review
$1369.91 and Deposit
for Actual Cost 12.5%
$1539.51 and Deposit
for Actual Cost CCR-2024-44
Accessory Dwelling Unit Permit $ - $ -
Ord. No. 853, § 2, 8-16-2018; Ord.

No. 854, § 2, 8-20-2020 YMC 16.46.170
Home Occupation Permit $ 125.00 0.0% $ 125.00 CCR-2024-44 Sign Permits
Sign Permit $ 383.70 0.0% $ 383.70
Ord. 775 (part), 2004: Ord. 576
(part), 1982: Ord. 481, 1972: Ord.
427 § 1-22, 1969 Gov. Code §65104
Historic District Sandwich Signboard $ 383.70 0.0% $ 383.70 CCR-2024-44 YMC 17.04.110 Temporary Sign $ 142.99 0.0% $ 142.99 CCR-2024-44 Gov. Code §65104 Planning Document and Code Applications
General Plan Text and Map Amendments/Specific Plans
$1369.91 and Deposit
for Actual Cost 12.5%
$1539.51 and Deposit
for Actual Cost CCR-2024-44 All of Gov. Code §65104 and §65456(b) Rezoning and Zoning Text Amendment
$1369.91 and Deposit
for Actual Cost 12.5%
$1539.51 and Deposit
for Actual Cost CCR-2024-44 Gov. Code §65104
Variance
$1369.91 and Deposit
for Actual Cost 12.5%
$1539.51 and Deposit
for Actual Cost CCR-2024-44 Gov. Code §65104
Historic District
Minor Exterior Alterations (Paint Color Change) $ 145.00 0.0% $ 145.00 CCR-2024-44 Major Exterior Alterations
$1369.91 and Deposit
for Actual Cost 12.5%
$1539.51 and Deposit
for Actual Cost CCR-2024-44
Appeals
Appeals
$1369.91 and Deposit
for Actual Cost
N/A
10% of cost of project
being appealed; $200
minimum CCR-2024-44 Gov. Code §65104
Fire Department
Fire & Life Plan Check and Inspection Commercial and Residential Sprinkler Plan Check Fee Fire Code Section 113.2 (2016) Total Value
$1 to $500 $ 3.20 -0.3% $ 3.19 CCR-2024-44
$501 to $2,000 $ 3.20 -0.3% $ 3.19
Plus $0.38 for each
additional $100 over the
first $500 CCR-2024-44
$2,001 to $25,000 $ 9.28 -0.3% $ 9.25
Plus $1.79 for each
additional $1000 over
the first $2,000 CCR-2024-44
$25,001 to $50,000 $ 53.09 -0.3% $ 52.93
Plus $1.24 for each
additional $1,000 over
the first $25,000 CCR-2024-44
$50,001 to $100,000 $ 86.25 -0.3% $ 85.99
Plus $0.87 for each
additional $1,000 over
the first $50,000 CCR-2024-44
$100,001 to $500,000 $ 132.84 -0.3% $ 132.44
Plus $0.66 for each
additional $1,000 over
the first $100,000 CCR-2024-44
$500,001 to $1,000,000 $ 413.23 -0.3% $ 411.99
Plus $0.55 for each
additional $1,000 over
the first $500,000 CCR-2024-44
$1,000,001 and above $ 708.98 -0.3% $ 706.85
Plus $0.43 for each
additional $1,000 over
the first $1,000,000 CCR-2024-44
Commercial Sprinkler Inspection and Test
Per Sprinkler Riser or Floor Plus $114.08 -0.3% $113.74 Per sprinkler riser CCR-2024-44 Per Sprinkler Head $2.24 -0.3% $2.23 Per Sprinkler head CCR-2024-44 Fire Sprinkler Retest (After 3rd time & thereafter) $53.31 -0.3% $53.15 CCR-2024-44 Hood & Duct Fire Suppression System Plan Review &
Inspection $114.08 -0.3% $113.74 CCR-2024-44
2026 City of Yreka Fee Schedule

Page 1 of 3 ends

Exhibit A - 2026 Master Fee Schedule
Amended Yreka City Council Agenda
October 21, 2025

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Type of Fee or Service Charge 2025 Adopted Fee Percent Change 2026 Proposed Fee Additional Information Last Changed Resolution or Ordinance Legal Authority Review and Inspection of Fire Line $78.89 -0.3% $78.65 CCR-2024-44 Review and Inspection of Fire Pump $78.89 -0.3% $78.65 CCR-2024-44 Review and Inspection of Standpipe Systems $78.89 -0.3% $78.65 CCR-2024-44 Fire Alarm Plan Check Fee $114.08 -0.3% $113.74 CCR-2024-44 Fire Alarm Field Inspection and Test plus $71.43 -0.3% $71.22 CCR-2024-44 Plus per device $1.28 -0.3% $1.28 CCR-2024-44
False Alarm Fee $692.98 -0.3% $690.90 CCR-2024-44
Fire Inspection Fee
Fire Clearance Annual Inspection
7-25 Occupants $78.89 -0.3% $78.65 CCR-2024-44
26-50 Occupants $111.94 -0.3% $111.60 CCR-2024-44
Over 50 Occupants $149.26 -0.3% $148.81 CCR-2024-44
Annual Licensed Care Inspection
7-25 Occupants $42.65 -0.3% $42.52 CCR-2024-44
26-50 Occupants $111.94 -0.3% $111.60 CCR-2024-44
Over 50 Occupants $149.26 -0.3% $148.81 CCR-2024-44
Fire Safety Inspection
Drinking/Dining - Over 50 Occupants $78.89 -0.3% $78.65 CCR-2024-44 Hotel, Motel, Apartment House $114.08 -0.3% $113.74 CCR-2024-44 Health & Safety Code §13146.2 Hazardous Occupancy (High Risk Business) $114.08 -0.3% $113.74 CCR-2024-44 Other State Required Inspections $78.89 -0.3% $78.65 CCR-2024-44 Day Care
Commercial $74.63 -0.3% $74.41 CCR-2024-44 Health and Safety Code §1597.46 Residential (Large Family Daycare) $53.31 -0.3% $53.15 CCR-2024-44 Hospitals, Surgical Centers, I-Occupancies $114.08 -0.3% $113.74 CCR-2024-44 City Clerk Office
Notice of Intent to Circulate a Petition $ 200.00 0.0% $ 200.00 Refunded to the filer if,
within one year of the
date of filing the notice of
intent, the elections
official certifies the
sufficiency of the petition. CCR-2024-44 Elections Code §9202(b) Copies of Campaign Statements, Contribution and
Expenditure Reports, and Statements of Disclosure of
Financial Interest (Less than 5 years old) $0.10 per page 0.0% $0.10 per page CCR-2024-44 Government Code section 81008(a) Copies of Campaign Statements, Contribution and
Expenditure Reports, and Statements of Disclosure of
Financial Interest (5 years and Older)
$5 retrieval fee and
$0.10 per page 0.0%
$5 retrieval fee and
$0.10 per page CCR-2024-44 Government Code section 81008(a) Public Works Department
Small (Valves 2" and smaller) $60.00 -3.8% $57.75 Per test CCR-2024-44 Y.M.C. 12.13.110 6 inch and above diameter valve $80.00 -1.6% $78.75 Per test CCR-2024-44 Y.M.C. 12.13.110 Water Efficient Landscaping Documentation Review $2,660.00 0.0% $2,660.00 Deposit and actual costs. CCR-2024-44 Y.M.C. 11.38.010 Encroachment Permit
Simple $ 100.00 0.0% $ 100.00 CCR-2024-44
Complex $ 469.45 0.0% $ 469.45 CCR-2024-44
Building Department
Heating - Mechanical
Forced Air Funace (Up to 100M BTU's) $ 24.12 -0.3% $ 24.05 Per Item CCR-2024-44 Forced Air Funace (over 100M BUT's/Pool Heater) $ 29.66 -0.3% $ 29.57 Per Item CCR-2024-44 All Heaters $ 24.12 -0.3% $ 24.05 Per Item CCR-2024-44
Comm. Evap. Cooler $ 17.36 -0.3% $ 17.31 Per Item CCR-2024-44 Air Handling Unit (up to 10MCFM) $ 17.36 -0.3% $ 17.31 Per Item CCR-2024-44 Vent Fan $ 11.82 -0.3% $ 11.78 Per Item CCR-2024-44
Hood w/ mech. Exhaust $ 11.82 -0.3% $ 11.78 Per Item CCR-2024-44 Misc. Equipment $ 17.36 -0.3% $ 17.31 Per Item CCR-2024-44 Wood/Pellet Stove $ 29.66 -0.3% $ 29.57 Per Item CCR-2024-44 Monitor Heater $ 24.12 -0.3% $ 24.05 Per Item CCR-2024-44 Propane Tank $ 48.89 -0.3% $ 48.74 Per Item CCR-2024-44 Plumbing
Water Closet (toilet) $ 15.97 -0.3% $ 15.92 Per Item CCR-2024-44 Bath Tub $ 15.97 -0.3% $ 15.92 Per Item CCR-2024-44
Shower $ 15.97 -0.3% $ 15.92 Per Item CCR-2024-44
Lavatory (wash basin) $ 15.97 -0.3% $ 15.92 Per Item CCR-2024-44 Clothes Washer Waste Pipe $ 15.97 -0.3% $ 15.92 Per Item CCR-2024-44 Sink $ 15.97 -0.3% $ 15.92 Per Item CCR-2024-44
Urinal $ 15.97 -0.3% $ 15.92 Per Item CCR-2024-44
Drinking Foundation $ 15.97 -0.3% $ 15.92 Per Item CCR-2024-44 Water Piping System $ 7.74 -0.3% $ 7.72 Per Item CCR-2024-44 Gas System (1-5 outlets) $ 10.02 -0.3% $ 9.99 Per Item CCR-2024-44 Gas System (6+ outlets - each) $ 1.79 -0.3% $ 1.78 Per Item CCR-2024-44 Water Heater w/ Vent $ 20.05 -0.3% $ 19.99 Per Item CCR-2024-44 House Sewer $ 40.17 -0.3% $ 40.05 Per Item CCR-2024-44
Alterations of Drainage or Vent Piping $ 7.74 -0.3% $ 7.72 Per Item CCR-2024-44 Misc. Items - per item $ 15.97 -0.3% $ 15.92 Per Item CCR-2024-44 Electrical
Fixtures (1-20) $ 1.79 -0.3% $ 1.78 Per Item CCR-2024-44 Fixtures (21 or more - each) $ 1.19 -0.3% $ 1.19 Per Item CCR-2024-44 Outlets (1-20) $ 1.79 -0.3% $ 1.78 Per Item CCR-2024-44 Outlets (21 or more - each) $ 1.19 -0.3% $ 1.19 Per Item CCR-2024-44 Electric Radiant Heat Per Room $ 20.05 -0.3% $ 19.99 Per Item CCR-2024-44 Motors - Not over 1 HP $ 7.74 -0.3% $ 7.72 Per Item CCR-2024-44 Motors - Over 1 HP - Not Over 10 HP $ 20.05 -0.3% $ 19.99 Per Item CCR-2024-44 Motors - Over 10 HP - Not Over 50 HP $ 40.09 -0.3% $ 39.97 Per Item CCR-2024-44 Sign & Electric Adv. Devices ea. Sign $ 43.19 -0.3% $ 43.06 Per Item CCR-2024-44 Temp Poles and Service $ 28.30 -0.3% $ 28.22 Per Item CCR-2024-44 200 Amp or Less $ 49.71 -0.3% $ 49.56 Per Item CCR-2024-44 Building Permit
Building Permit Fee
Valuation Chart plus 5%
finance administrative -0.3%
Valuation Chart plus 5%
finance administrative CCR-2024-44
Plan Check Fee
65% of Building Permit
Fee 0.0%
65% of Building Permit
Fee CCR-2024-44

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October 21, 2025

Page 95 of 173 ends

Type of Fee or Service Charge 2025 Adopted Fee Percent Change 2026 Proposed Fee Additional Information Last Changed Resolution or Ordinance Legal Authority Strong Motion Fee
Commercial and
Residentail 3 stories and
higher $0.00028 rate;
Residential under 3
stories 0.00013 rate 0.0%
Commercial and
Residentail 3 stories and
higher $0.00028 rate;
Residential under 3
stories 0.00013 rate CCR-2024-44 Cal. Public Resources Code §2705 CA Building Standards Fee
$1.00 for each $25,000
valuation 0.0%
$1.00 for each $25,000
valuation CCR-2024-44 SB 1473
Demo Permit
$2.00 per square foot of
demolished area 0.0%
$2.00 per square foot of
demolished area CCR-2024-44
Green Tag/Electrical Plan Fee
Valuation; Minimum
payment of $154.00 0.0%
Valuation; Minimum
payment of $154.00 CCR-2024-44
Commercial Reroof
Valuation Chart;
Minimum $150.00 -0.3%
Valuation Chart;
Minimum $150 CCR-2024-44
Residential Reroof
$6.00 per square;
Minimum payment of
$150.00. 0.0%
$6.00 per square;
Minimum payment of
$150.00.

Square is equal to 100
sq. ft. CCR-2024-44
Solar Commercial Deposit
Valuation; Minimum
payment $1000.00 -0.3%
Valuation; Minimum
payment $1000.00 CCR-2024-44
Solar Residential Deposit
Valuation not to exceed
$450.00 -0.3%
Valuation not to exceed
$450.00 CCR-2024-44
Reinstate of Building Permit
10% of Building Permit
Fee 0.0%
10% of Building Permit
Fee CCR-2024-44
Heating Element Permit (Heat Pump, Hot Water Heater,
Pellet Stove, Wood Stove, Monitor Heater, etc.)
Valuation; Minimum
$150.00 -0.3%
Valuation; Minimum
$150.00 CCR-2024-44
Other Inspections Not Listed
Valuation; Minimum
$150.00 -0.3%
Valuation; Minimum
$150.00 CCR-2024-44
Day Care Inspection $ 150.00 0.0% $ 150.00 Per inspection CCR-2024-44 Animal Control
Dog License Annual Fee Y.M.C. 8.08.050
Altered $ 41.00 4.9% $ 43.00 Per dog CCR-2022-42 Y.M.C. 8.08.050 Unaltered $ 123.00 4.9% $ 129.00 Per dog CCR-2022-42 Y.M.C. 8.08.050 Livestock Animal Permit $ 284.42 0% $ 284.42 CCR-2024-44 Y.M.C. 8.04.020 Community Center
Classroom A or B $ 90.00 0% $ 90.00 Per reservation CCR-2024-44 Lounge $ 90.00 0% $ 90.00 Per reservation CCR-2024-44
Conference Room $ 135.00 0% $ 135.00 Per reservation CCR-2024-44 Dining Room Only $ 135.00 0% $ 135.00 Per reservation CCR-2024-44 Main Room Only $ 175.00 0% $ 175.00 Per reservation CCR-2024-44 Kitchen Only $ 175.00 0% $ 175.00 Per reservation CCR-2024-44 Full Center; no kitchen, no dishes $ 450.00 0% $ 450.00 Per reservation CCR-2024-44 Full Center; no kitchen, no dishes — Four-Hour
Reservation $ 200.00 $ 200.00 Per reservation CCR-2024-44 Full Center + Kitchen; no dishes $ 525.00 0% $ 525.00 Per reservation CCR-2024-44 Full Center + Kitchen; no dishes — Four-Hour Reservation $ 250.00 $ 250.00 Per reservation CCR-2024-44 Full Center + Kitchen + Dishes $ 600.00 0% $ 600.00 Per reservation CCR-2024-44 Full Center + Kitchen + Dishes — Four-Hour
Reservation $ 300.00 $ 300.00 Per reservation CCR-2024-44 Events w/ Alcohol (Additional Fee) $ 200.00 $ 200.00 Per reservation CCR-2024-44 Trash pickup fee (events over 75 people) $ 60.00 $ 60.00 Per reservation CCR-2024-44 Dishes/Silverware $ 135.00 0% $ 135.00 Per reservation CCR-2024-44 Setup/Cleanup Days $ 90.00 0% $ 90.00 Per day CCR-2024-44 Setup/Cleanup Hours $ 25.00 0% $ 25.00 Per hour CCR-2024-44 Building Attendant $ 25.00 0% $ 25.00 Per hour CCR-2024-44 Cleaning Deposit $ 500.00 0% $ 500.00 Per reservation CCR-2024-44 School Fee Schedule
Setup Days $ 45.00 0% $ 45.00 Per day CCR-2024-44
Setup Days $ 25.00 0% $ 25.00
Per hour after 5pm and
weekends CCR-2024-44
Event Days Current rate less 50% Current rate less 50% CCR-2024-44 Community Theater
Occupancy Days $ 50.00 0% $ 50.00 Per day CCR-2024-44
Rehearsal Days $ 135.00 0% $ 135.00 Per day CCR-2024-44 Rehearsal Days $ 25.00 0% $ 25.00 Or weekends CCR-2024-44 Performance Days $ 450.00 0% $ 450.00 Per day CCR-2024-44 Technician Staff $ 28.00 0% $ 28.00 Per hour CCR-2024-44 Sounds System Usage $ 50.00 0% $ 50.00 Per hour CCR-2024-44 Baldwin Piano actual fee actual fee Tuning Fee CCR-2024-44 Keyboard Usage $ 50.00 0% $ 50.00 Per day CCR-2024-44
Utilities (stage lights, HVAC, etc.) $ 20.00 0% $ 20.00 Per hour CCR-2024-44 Cleaning Deposit $ 500.00 0% $ 500.00 Per reservation CCR-2024-44 School Fee Schedule
Rehearsal Days $ 67.50 0% $ 67.50 Per day CCR-2024-44
Rehearsal Days $ 25.00 0% $ 25.00
Per hour after 5pm and
weekends CCR-2024-44
Performance Days $ 225.00 0% $ 225.00 Per day CCR-2024-44 Technician Staff $ 28.00 0% $ 28.00 Per hour CCR-2024-44 Sound System Usage $ 50.00 0% $ 50.00 Per day CCR-2024-44 Baldwin Piano actual fee actual fee Tuning fee CCR-2024-44 Keyboard Usage $ 50.00 0% $ 50.00 Per event CCR-2024-44 Utilities (stage lights, HVAC, etc.) $ 20.00 0% $ 20.00 Per hour CCR-2024-44 Park Reservations
Park Reservation $ 100.00 0% $ 100.00 Per day CCR-2024-44 Park Reservation $ 50.00 0% $ 50.00 Four (4) hours CCR-2024-44 Greenhorn Kiosk $ 125.00 0% $ 125.00 Per day CCR-2024-44 Stage Reservations
City Stage $ 450.00 0% $ 450.00 Deposit CCR-2024-44
City Stage $ 450.00 0% $ 450.00 Per day CCR-2024-44

Page 3 of 3 ends

October 21, 2025

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TOTAL VALUATION FEE
$1.00 to $500.00 $43.30
2026 BUILDING PERMIT ISSUANCE FEES
$43.30 FOR THE FIRST $500.00 PLUS $5.45 FOR EACH
ADDITIONAL $100.00, OR FRACTION THEREOF, TO AND
INCLUDING $2,000.00
$10,039.49 FOR THE FIRST $1,000,000.00 PLUS $5.64 FOR
EACH ADDITIONAL $1,000.00, OR FRACTION THEREOF
$701.59 FOR THE FIRST $25,000.00 PLUS $18.09 FOR EACH
ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND
INCLUDING $50,000.00
$125.10 FOR THE FIRST $2,000.00 PLUS $25.06 FOR EACH
ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND
INCLUDING $25,000.00
$501.00 TO $2,000.00
$2001.00 TO $25,000.00
$25,001.00 TO $50,000.00
$50,001.00 TO $100,000.00
$1,153.73 FOR THE FIRST $50,000.00 PLUS $12.53 FOR EACH ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND
INCLUDING $100,000.00
$100,001.00 TO $500,000.00
$1,780.34 FOR THE FIRST $100,000.00 PLUS $10.03 FOR
EACH ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND
INCLUDING $500,000.00
$500,001.00 TO $1,000,000.00
$5,792.27 FOR THE FIRST $500,000.00 PLUS $8.49 FOR EACH ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND
INCLUDING $1,000,000.00
$1,000,001.00 AND UP
Amended Yreka City Council Agenda
October 21, 2025

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Job Number & Title: Date
Applicant
Mailing Address Residential Commercial
Site Address
Description:

Work Description Staff Member Position Rate* Estimated
Hours Actual Hours Estimated Cost Final Costs
Matt Bray Public Works Director $ 137.78 2 $ 275.56
Ben Miller Public Works Manager $ 114.04 1 $ 114.04
Jerry Lemos Fire Chief $ 130.16 1 $ 130.16
James McIntyre Building Official $ 60.00 2 $ 120.00
Alia Roca Lezra Planning Manager $ 89.11 4 $ 356.44
City Engineer Review PACE Engineering City Engineer $ 235.00 2 $ 470.00 Finance
Administrative
Services
5% of cost $ 73.31
$ 1,539.51
Work Description Staff Member Position Rate* Estimated
Hours/Units
Actual
Hours/Units
Estimated
Cost Final Costs
Juliana Lucchesi Assistant City Manager $ 117.69 $ - $ - Alia Roca Lezra Planning Manager $ 89.11 $ - $ -
Gail Gibson Planning Fiscal Technician $ 58.43 $ - $ -
$ 235.00 $ - $ -
Project Record
Keeping/Notary Cyndy Prohaska City Clerk $ 61.31 $ - $ - Precision Civil Engineering Varies
$ - $ -
$ 50.00 $ - $ -
$ 2,916.75 $ - $ -
$ 2,916.75 $ - $ -
$ 4,051.25 $ - $ -
PACE Engineering Varies
Matt Bray Public Works Director $ 137.78 $ - $ -
Ben Miller Public Works Supervisor $ 114.04 $ - $ -
Ranjeet Mann Code Enforcement Officer $ 62.64 $ - $ -
James McIntyre Building Official $ 60.00 $ - $ -
Gail Gibson Planning Fiscal Technician $ 58.43 $ - $ -
Alia Roca Lezra Planning Manager $ 89.11 $ - $ -
Public Works
Work Order
Fire Department
Review and
Inspection
Jerry Lemos Fire Chief $ 130.16 $ - $ -
$ 0.25 $ - $ -
$ 5.00 $ - $ -
Mailing Services $ 0.85 $ - $ -
Notice
Preparation/Posting $ 225.00 $ - $ -
Finance
Administrative
Services
5% of Cost $ - $ -
10% of estimate $ -
$ 1,539.51
$ -
$ 1,539.51
Applicant Signature Date
Printed Name
City Attorney
Project Review and
Processing
Signature implies that customer is aware that they are responsible for the full cost of the project and its execution. Work will not begin until signature is obtained on cost estimate sheet.

General Printing
Environmental
Review Negative Declaration
Mitigated Negative Declaration
Environmental Impact Report
Department of Fish and Wildlife Fees & County Filing Fees Notice of Exemption
Balance Due (Positive Amount due to City, Negative amount due to Applicant) Final Costs
*Rates based current fiscal year.

Plotter/Map Printing Printing Services
See Scope of Work
See Scope of Work
Project Contingency
Public Works Review
and Utilities Siting
Onsite Monitoring
and Code
Compliance
Posting includes legal noticing, public noticing, and physical posting.

See Attached Work Order
Deposit
City of Yreka Development Work Order Form
Table 4. Preliminary Review
Development Cost Breakdown
Pre-Application
Meeting/Concept
Review
Total Amount Due at Application
Finance Department
Amended Yreka City Council Agenda
October 21, 2025

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Second Reading Cannabis
Ordinance Update
Date:

To:

From:

Subject:

October 21, 2025
City Council
Juliana Lucchesi, AICP, Assistant City Manager
Second Reading of Ordinance 885 Amending Titles 5, 9, and 16 of the Yreka Municipal Code to allow non-storefront retail medicinal cannabis delivery
Attachments: 1. Ordinance No. 885 “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.

Since the first reading of the ordinance, clarification from the state was received that the financial assistance to social equity applicant could be removed. Due to the October 31, 2025 deadline for adoption of this ordinance, City Staff will prepare a subsequent municipal code amendment to remove the financial assistance provision from the municipal code.

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 Amended 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 Amended 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 Amended 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.

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Recommended Actions:

1. Motion to adopt City Council Ordinance No. 885 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 (Attachment 1)

2. 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. 885

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, on October 7, 2025, the City Council conducted a duly noticed public hearing to consider Ordinance 885; 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.".

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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 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 cannabis 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 Amended Yreka City Council Agenda
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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. "Cannabis business permit" means a regulatory permit issued by the City pursuant to this Chapter, to a commercial cannabis business and is required before any commercial cannabis activity may be conducted in the City.
"Cannabis business permittee" or "permittee" 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 "medicinal 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.

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"Dispense” means any activity involving the retail sale of cannabis or cannabis products from a retailer.
“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.

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d. The trustee(s) and all persons who have control of the trust and/or the cannabis 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 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;

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; Amended Yreka City Council Agenda
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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;
E. The applicant is prohibited by state law from obtaining a state license or permit related to commercial cannabis; and
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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 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 Amended Yreka City Council Agenda
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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, 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.

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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.

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.

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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 .

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

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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 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 Amended Yreka City Council Agenda
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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 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.

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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 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
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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 permitshall 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 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.

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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.

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 permittee may not operate under a permit while it is suspended.

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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.

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.

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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 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.

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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 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.

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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 than 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 not have the 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 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 Amended Yreka City Council Agenda
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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 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 Amended Yreka City Council Agenda
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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
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
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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.

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
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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 permittee. 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 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:

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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 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.

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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 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.

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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.
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:

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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
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 Amended Yreka City Council Agenda
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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 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 Amended Yreka City Council Agenda
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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 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 cannabis card).

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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 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.

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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.

2. Authorized individuals include individuals employed by the medicinal nonstorefront 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 Amended Yreka City Council Agenda
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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.

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-of-Sale 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 Amended Yreka City Council Agenda
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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 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 Amended Yreka City Council Agenda
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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 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 distribution facility" is any facility or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides cannabis 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 for medical purposes under the purported authority of California Health and Safety Code Section 11362.5 et seq. "Medical cannabis 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 cannabis distribution facilities prohibited.

Except as allowed pursuant to Chapter 5.30 concerning "medicinal non-storefront retailer (delivery only)", medical cannabis 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 CULTIVATION, DISTRIBUTION AND

DELIVERY
…

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 and to reduce conditions that create public nuisances through enacting these regulations including without limitation, the prohibition of cannabis cultivation in order to effectively control the adverse impacts associated with cannabis 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 for medical purposes without being subject to criminal prosecution under the California Penal Code. Yreka presently does not permit cannabis 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 within its jurisdiction. Nothing in this chapter shall be construed to authorize any use, possession, cultivation, or distribution of cannabis 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 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.

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, Amended Yreka City Council Agenda
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distribute or dispense, cannabis. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of cannabis for 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 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 are 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 cannabis, as well as physician recommendations for medical cannabis.

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 cannabis cultivation, thus growers can achieve a high per-plant yield. The Federal Drug Enforcement Administration reports that various types of cannabis 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 cannabis 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 cannabis 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 raising livestock.

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

K. The cultivation of cannabis 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 cannabis 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 cannabis cultivation, and that are especially significant if the amount of cannabis cultivated on a single premises is not regulated and substantial amounts of cannabis are thereby allowed to be concentrated in one place.

L. The indoor cultivation of substantial amounts of cannabis 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 cannabis cultivation is proper and necessary to address the risks and adverse impacts as stated herein, that are especially significant if the amount of cannabis cultivated on a single premises is not regulated and substantial amounts of cannabis are thereby allowed to be concentrated in one place.

N. Outdoor cannabis 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 cannabis 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 cannabis 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 cannabis in the city of Yreka.

P. Nothing in this chapter shall be construed to allow the use of cannabisfor non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of cannabisthat 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 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 cannabis 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 Amended Yreka City Council Agenda
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crime.

R. Based on the findings above, the potential establishment of the cultivation, and processing of medical cannabis 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 cannabis 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 cannabis 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 cannabis 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 “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).

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

M. "Medical cannabis" is cannabis 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 cannabis 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 cannabis is deemed to provide relief as defined in subsection (h) of Health and Safety Code § 11362.7.

N. "Medical cannabis dispensary" means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medical cannabis is sold, made available to, delivered to and/or distributed by or to three or more people. A "medical cannabis 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. "Cannabis processing" means any method used to prepare cannabis 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 cannabis related products and concentrates.
…
T. "Medicinal non-storefront retailer (delivery only)" be as defined in section 5.30.020. …
ARTICLE 3 - RESTRICTIONS AND REQUIREMENTS

9.26.300 - Cultivation, processing, dispensaries and delivery prohibited.

A. Cannabis cultivation facilities, cannabis cultivation, cannabis processing, cannabis delivery, or the establishment or operation of a medical cannabis dispensary in the city, Amended Yreka City Council Agenda
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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 cannabis cultivation facilities, cannabis cultivation, cannabis processing, cannabis delivery, or the establishment or operation of a medical cannabis 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 cannabis 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 cannabis dispensary, cannabis cultivation facility or commercial cannabis activity in the city, or be the lessor of property where a cannabis 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 dispensary, cannabis 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 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 person and/or entity may deliver or transport medical cannabis 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 cannabis. If the person 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 Amended Yreka City Council Agenda
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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 cannabis 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 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 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 nonmedical cannabis 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 outside, as long as the California Attorney General has not made a determination that the nonmedical use of cannabis 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 , 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; it is intended simply to impose reasonable regulations on the cultivation of non-medical cannabis when cultivation is authorized by California state law.

Furthermore, it is the purpose and intent of this article to require that non-medical cannabis 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 plants from impacting adjacent properties; and to ensure that cannabis grown in the city remains secured. Furthermore, the purpose of this ordinance is to prohibit non-medical cannabis commercial activity, sales, dispensing, distribution, delivery, testing and manufacturing within all zoning districts in the city. …
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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 for any business or income generation purposes.
…
I. Cultivation" means the planting, growing, harvesting, drying, processing, of one or more cannabis plants.

J. "Delivery" means the commercial transfer of non-medical cannabis or non-medical cannabis products to a person, including any technology that enables persons to arrange for or facilitate the commercial transfer of non-medical cannabis or nonmedical cannabis products. …
N. "Manufacture" means the production, preparation, propagation, or compounding of manufactured non-medical cannabis, 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/medical cannabis or non-medical cannabis products or labels or relabels its container.

O. "Cannabis” or “cannabis plant”, formerly “marijuana" 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.

P. “Non-medical cannabis" means cannabis 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 products" means non-medical 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 tropical product containing cannabis 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, medical cannabis and/or non-medical and medical cannabis products which utilize in the process the application of chemicals to the cannabis substances or through the use of instrumentation such as the use of liquid chromatography, gas chromatography and other analytical instrumentation.

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…

9.27.300 - Cultivation of non-medical cannabis.

The following regulations shall apply to the cultivation of non-medical cannabis 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 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.

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.
…
D. Indoor cultivation in private residence. The indoor cultivation of non-medical cannabis 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 cultivation is prohibited as a home occupation.

2. All areas used for cultivation of non-medical cannabis shall comply with Chapter 18 (Buildings and Building Regulations) of the Yreka Municipal Code, as well as applicable law. …

4. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of non-medical cannabis is prohibited.

5. Any fully enclosed and secure structure or residential structure used for the cultivation of non-medical cannabis must have a ventilation and filtration system installed that shall prevent cannabis 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 shall be located in the rear yard area of the parcel or premises, and must maintain a minimum tenfoot 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 cultivation shall be limited to six cannabis plants per private residence, regardless of whether the cannabis 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 Amended Yreka City Council Agenda
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cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, bathing and toilet facilities.

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

11. Written consent of the property owner to cultivate non-medical cannabis 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. 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 cannabis 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 deliveries. This section shall not be interpreted to prohibit the transportation of non-medical cannabis through the city on public roads, as long as such transportation does not involve the delivery of non-medical cannabis within the city.
…

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 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 21st day of October, 2025.

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

CITY COUNCIL AGENDA MEMORANDUM
Prepared by: Alia Roca Lezra, Planning Manager
Agenda Title: Accessory Dwelling Unit (ADU) Fee Waiver Program Meeting date: October 21, 2025
Suggested Motion:

Motion to approve Resolution 2025-42 A Resolution of the City Council of the City of Yreka Establishing a Fee Waiver Program for Accessory Dwelling Units in Support of the 6th Cycle Housing Element
Summary:

Staff recommends adoption of Resolution No. 2025-42, establishing a fee waiver program for up to ten Accessory Dwelling Unit (ADU) projects. This program supports the City’s 6th Cycle Housing Element by encouraging affordable housing options like ADUs in Yreka neighborhoods.

The resolution would waive up to $7,300 in City fees per eligible ADU project to help reduce the cost of development. This includes building permit, plan check, inspection, and fire/life safety review fees. Fees charged by outside agencies, such as utility companies or school districts, are not eligible.

Background:

ADUs are smaller, self-contained residential units on the same property as a primary home. They are a key strategy under State housing law and the City’s Housing Element to create more affordable housing. The Housing Element includes goals to remove barriers to housing development and to increase access to housing in higher-resource areas.

City staff identified that the average City-imposed fee cost for a typical ADU is approximately $7,300. This new program would cover that amount for up to ten projects.

Program Details
The ADU Fee Waiver Program will waive up to $7,300 in eligible City-imposed fees for each of the first ten qualifying ADU projects. Fee waivers will be granted on a first-come, first-served basis, determined by the date a complete application is submitted. To be eligible, ADUs must be located within Yreka city limits, used for residential occupancy for a minimum of 30 days, and meet all applicable zoning, building, and safety requirements. Each applicant may only receive one waiver under the program. Applicants must also submit a signed affidavit confirming Amended Yreka City Council Agenda
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announcements on the City’s Facebook page and website, mailers, and by informing homeowners and contractors during planning pre-application meetings.

General Plan Consistency
The Housing Element is a required General Plan Section, the most recent version being the 6th Cycle Housing Element adopted in 2023. Policy HE-5.1 of the Housing Element directs the City to promote ADU and SB 9 housing development by developing tools, resources, and educational materials to increase awareness and support for these housing types in neighborhoods across the City. Additionally, the Housing Element’s Affirmatively Furthering Fair Housing (AFFH) Program #2.b commits the City to: “Remove barriers to housing choices and improve housing affordability and mobility for by-right workforce and affordable housing. Improve access to opportunity by increasing the availability of workforce and affordable housing in high-resource areas”
Monitoring and Sunset Clause
The City will monitor compliance through site visits or in response to complaints. If program conditions are violated, the fee waiver may be revoked and the applicant may be required to repay the waived amount. The program will expire five years after its effective date or once all ten waivers have been issued, whichever comes first.

City Staff Recommendation
Adopt Resolution No. 2025-41, establishing a limited ADU Fee Waiver Program to support affordable housing goals in alignment with the City’s Housing Element.

Attachments:

1. CCR 2025-42 A Resolution of the City Council of the City of Yreka Establishing a Fee Waiver Program for Accessory Dwelling Units in Support of the 6th Cycle Housing Element
eligibility and compliance with program terms. Staff will promote the program by posting Amended Yreka City Council Agenda
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RESOLUTION NO. 2025-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA ESTABLISHING A FEE WAIVER PROGRAM FOR ACCESSORY DWELLING UNITS IN SUPPORT OF THE 6TH CYCLE

HOUSING ELEMENT

RECITALS
WHEREAS, the City of Yreka is implementing its 6th Cycle Housing Element, adopted in accordance with State housing law, which identifies Accessory Dwelling Units (ADUs) and SB 9 housing as key strategies to expand affordable and diverse housing options; and WHEREAS, Policy HE-5.1 of the Housing Element directs the City to promote ADU and SB 9 housing development by developing tools, resources, and educational materials to increase awareness and support for these housing types in neighborhoods across the City; and WHEREAS, the Housing Element’s Affirmatively Furthering Fair Housing (AFFH) Program #2.b commits the City to: “Remove barriers to housing choices and improve housing affordability and mobility for by-right workforce and affordable housing. Improve access to opportunity by increasing the availability of workforce and affordable housing in high-resource areas”; and WHEREAS, ADUs are a form of lower-cost, by-right infill housing that can increase housing opportunities in established, high-resource neighborhoods and advance the City’s AFFH goals; and WHEREAS, City staff have determined that the average cost of City-imposed fees for a typical ADU project—including building permit, plan check, inspection, and development impact fees—is approximately $7,300; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA DOES ORDAIN AS FOLLOWS:

Section 1. Purpose.

The purpose of this ordinance is to support the development of Accessory Dwelling Units (ADUs) by waiving up to $7,300 in City-imposed fees, for a maximum of ten (10) qualifying ADU projects.

This program implements the goals of the City’s 6th Cycle Housing Element, including Policy HE-5.1 and AFFH Program #2.b, by:
(a) Removing financial barriers to ADU construction;
(b) Expanding access to affordable housing choices;
(c) Increasing housing availability in higher-resource neighborhoods.

Section 2. Definitions.

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(a) Accessory Dwelling Unit (ADU): A self-contained residential unit as defined in California Government Code § 65852.2.
(b) Eligible City-Imposed Fees: City-assessed fees directly related to ADU development, including but not limited to:
i. Building permit fees;
ii. Plan check and inspection fees;
iii. Fire and life safety review fees;
(c) Excluded Fees: Fees imposed by outside agencies (e.g., utility providers, school districts) are not eligible for waiver.
(d) Fee Waiver Cap: A maximum of $7,300 per project may be waived for eligible City fees. (e) Program Cap: The total number of projects eligible for this waiver is limited to ten (10). (f) Applicant: The individual or entity applying for the ADU project. For the purpose of this ordinance, “applicant” includes any individual or entity with a controlling interest in a property or development group, and no applicant may receive more than one waiver.

Section 3. Fee Waiver Program.
(a) The City shall waive up to $7,300 in eligible City-imposed fees for each of the first ten (10) qualifying ADU projects.
(b) Each applicant shall be eligible for no more than one (1) waiver under this program. (c) Fee waivers shall be approved on a first-come, first-served basis based on the date of a complete application submittal.
(d) Applicants remain responsible for:
i. Any eligible City fees above the $7,300 cap;
ii. All ineligible or third-party agency fees.
(e) To qualify, the ADU project must:
i. Be located within the City of Yreka City Limits;
ii. Comply with all applicable zoning, building, and health/safety codes; iii. Be used exclusively for residential occupancy for periods of not less than 30 days; iv. Be submitted with a complete building permit application and waiver request; v. Include a signed affidavit (see Section 4) confirming compliance with program requirements.

Section 4. Application and Affidavit.

Applicants must:

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(a) Submit a complete ADU building permit application;
(b) Request the fee waiver at the time of application;
(c) Sign a City-provided affidavit certifying that:
i. The ADU will be used for reidential occupancy for periods of not less than 30 days; ii. The applicant has not received a waiver under this program previously; iii. The applicant accepts responsibility for all non-waived fees; iv. The applicant consents to compliance monitoring;
Section 5. Monitoring and Enforcement.
(a) The City may verify compliance through site visits, records checks, or upon receiving complaints. (b) Violation of any program condition may result in:
i. Revocation of the fee waiver;
ii. Repayment of up to $7,300 in waived fees;
Section 6. Sunset Clause.

This ordinance shall remain in effect for five (5) years from the effective date, or until ten (10) fee waivers have been granted, whichever comes first. The City Council may extend, revise, or terminate the program by resolution.

Section 7. Severability.

If any provision of this resolution is found invalid, the remaining provisions shall remain in full force and effect.

Section 8. Effective Date.

This resolution shall take effect thirty (30) days after final adoption by the City Council.

Introduced and adopted at a regular meeting of the City Council held this 21st day of October, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Colleen Baker, Mayor
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Approved as to Form: Attest:

Andrew Jared, City Attorney Cyndy Prohaska, City Clerk
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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM:

PREPARED BY:

Corey Middleton, City Councilmember
Corey Middleton, City Councilmember
AGENDA TITLE: Discussion/Possible Action – Discussion with the City Council of the City of Yreka to Open City Hall to the Public on Fridays During Normal Or Revised Business Hours.

MEETING DATE: October 21,2025
Summary

Recommended Action
The City Council of the City of Yreka directs the City Manager to open City Hall to the public on Fridays during normal business hours.

City hall was closed on a "temporary" status a few years ago on Fridays during the months that city business and dog licenses were due to allow staff time to enter and file renewals . About three years ago it was brought up why city hall was closed, nad we asked then city Manager Ledbetter for reasoning and it was stated it was intended to be temporary closure on Fridays
Council at the time directed Mr. Ledbetter to return to the opening city hall for business for the public, hours of normal business hours 8:00 AM to 5:00 PM this lasted about 11 months when it was closed for the reasoning of short staffing and authorization to do so was ignored by staff for approval by council
I propose the following
1) Return to full opening on Fridays 8;00 AM to 5:00 PM with a two month temporary closure on Fridays beginning when dog and business licenses are due and at the end of period return to full operational days of Friday 2) Reduced public hours on Fridays 9:00 AM to 4:00 PM
3) Reduced public hours on Friday 8:00 AM to 12:00 PM (Noon) Amended Yreka City Council Agenda
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