Colleen Baker, Mayor
James Clair, Mayor Pro Tempore
Corey Middleton, Councilmember
Drake Davis, Councilmember
Paul McCoy, Councilmember
John Elsnab, Interim City Manager
Juliana Lucchesi, Asst. City Manager
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
Melissa Sandberg, Human Res. Director
Cyndy Prohaska, City Clerk
Mark Gilman, Police Chief
Jerry Lemos, Fire Chief
Andrew Jared, City Attorney
YREKA CITY COUNCIL MEETING AGENDA
December 2, 2025
Closed Session: 5:30PM
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.
The full agenda packet can be found on the City’s website at www.yrekaca.gov/AgendaCenter. Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting, and 24 hours before each special meeting, at the City Clerk’s office at City Hall, located at 701 4th St, Yreka, California during normal business hours. Any writing that is subject to disclosure that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at the City Clerk’s office during normal business hours.
Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at www.yrekaca.gov/AgendaCenter.
Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to Government Code section 54953(f), remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below.
Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. to the City Clerk prior to the meeting or to attend the meeting in person." Written comments will be distributed to the Councilmembers but will not be read aloud at the meeting.
1. 5:30PM CALL TO ORDER CLOSED SESSION:
2. PUBLIC COMMENT ON CLOSED SESSION ITEMS:
Public participation is limited to those items listed for closed session.
If your comments do not concern an item listed on this Agenda, please address the City Council at the next regular meeting.
The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.
Councilmembers, when recognized by the Mayor, may ask questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda.
This meeting is being livestreamed and can be viewed on Siskiyou Media Council’s YouTube Channel https://www.youtube.com/channel/UCzx2GSYFCrgE5przvnzitXQ Yreka City Council Agenda
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• Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.
Public comment period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.
3. CLOSED SESSION:
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.Real Property Negotiations (Government Code Section §54957.8) Property APN: 014-421-310
Property Negotiator: Matthew Bray, Director of Public Works Negotiating Party: Judith Anderson
b.Real Property Negotiations (Government Code Section §54957.8) Property APN: 062-051-140
Property Negotiator: Matthew Bray, Director of Public Works Negotiating Party: Siskiyou Central Credit Union
c.Conference with Legal Counsel – Existing Litigation (Government Code Section §54956.9) Name of Case: Shanda et al, v. Yreka Police Department -Siskiyou County Case Number 25SC12001
4. 6:30PM CALL TO ORDER REGULAR SESSION, PLEDGE OF ALLEGIANCE, AND REPORT OUT FROM CLOSED SESSION:
5. ROLL CALL:
6. APPROVAL OF THE AGENDA:
7. PRESENTATIONS:
Recognition of Service for Bryan Morrison – Presentation of Plaque Siskiyou County Library and Friends of the Yreka Library
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 Yreka City Council Agenda
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the Regular Agenda. If your comments concern an item noted on the Regular Agenda, please address the Council when that item is open for public comment.
The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.
Councilmembers, when recognized by the Mayor, may ask clarifying questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. • Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please address the Council as a whole.
• Please state your name for the record prior to providing your comments. • If you have documents to present, please provide a minimum of seven (7) copies. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda
The public comment period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.
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 November 13, 2025, through November 22, 2025. b. Approval of the Minutes of the Regular Meeting held November 18, 2025. c. Approval of the 2024-2025 Closing Operating Budget Revisions. d. Adoption of Resolution 2025-48 Approving the Sale of Surplus Property through GovDeals Government Surplus.
e. Approval of Resolution 2025-49 of the City Council of the City of Yreka Approving and Adopting an Updated Comprehensive Pay Schedule for All Full-Time Employees, Part-Time Employees, and Elected Officials in Accordance with CalPERS Guidelines.
f. Motion to Adopt Ordinance 886 “An Ordinance of the City Council of the City of Yreka, California, Amending Section 2.20.020 “Membership-Appointments-Terms-Vacancy” and Finding Action Exempt from the California Environmental Quality Act (CEQA) Guidelines §15378. (Planning Commission Ordinance.)
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.
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vii. City Council will deliberate and act on the item.
Planning Manager
a. Agenda Title: Introduction and First Reading of an Ordinance to Amend Title 16 of the Yreka Municipal Code in Compliance with State Accessory Dwelling Unit (ADU) Law.
Recommended City Council Action:
1. Open public hearing
2. Close public hearing
3. Motion to Introduce and waive full reading of an ordinance to amend Title 16 of the Yreka Municipal Code updating the City’s ADU ordinance in Compliance with State Accessory Dwelling Unit (ADU) Law
4. Read the following ordinance by Title only:
“An Ordinance of the City Council of the City of Yreka, California Amending Chapter 16.12.045 of the Yreka Municipal Code Entitled “Accessory Dwelling Unit” and Chapter 16.46.170 “Accessory Dwelling Units” and Finding the Ordinance Exempt from California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15378”
11. CITY BUSINESS:
City Attorney
a.Agenda Title: Discussion of Mobile Home Rent Stabilization Ordinance Recommended City Council Action: Provide direction to staff on future action. f. CITY MANAGER/STAFF REPORTS:
City Manager and Staff may make brief announcements or reports at this time. g. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:
AB 1234* Conference and Meeting Report (verbal, if any) *(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) Members of the Council may make brief announcements, reports, or request staff to report to the Council on any matter at a subsequent meeting.
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 Yreka City Council Agenda
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(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 December 2, 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
November 18, 2025
Closed Session: 5:30PM
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.
The full agenda packet can be found on the City’s website at www.yrekaca.gov/AgendaCenter. Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting, and 24 hours before each special meeting, at the City Clerk’s office at City Hall, located at 701 4th St, Yreka, California during normal business hours. Any writing that is subject to disclosure that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at the City Clerk’s office during normal business hours.
Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at www.yrekaca.gov/AgendaCenter.
Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to Government Code section 54953(f), remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below.
Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. to the City Clerk prior to the meeting or to attend the meeting in person." Written comments will be distributed to the Councilmembers but will not be read aloud at the meeting.
1. 5:30PM CALL TO ORDER CLOSED SESSION:
Closed session called to order at 5:31 PM.
2. PUBLIC COMMENT ON CLOSED SESSION ITEMS:
No public comment received on closed session items
3. CLOSED SESSION:
The City Council will recess to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
This meeting is being livestreamed and can be viewed on Siskiyou Media Council’s YouTube Channel https://www.youtube.com/channel/UCzx2GSYFCrgE5przvnzitXQ Yreka City Council Agenda
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a. Conference with legal counsel – potential litigation (Govt Code Section §54956.9(d)(2)) - Number of cases: 1
b. Public Employee Employment (Government Code Section §54957) Position: City Manager
4. 6:30PM CALL TO ORDER REGULAR SESSION, PLEDGE OF ALLEGIANCE, AND REPORT OUT FROM CLOSED SESSION:
Regular session was called to order at 6:36 PM.
Closed session adjourned at 6:20 PM. There was no reportable action in closed session.
5. ROLL CALL:
Councilmembers Davis, McCoy, Middleton & Baker are present. Councilmember Clair is absent.
6. APPROVAL OF THE AGENDA:
Motion to approve the agenda as presented
MOTIONED: Councilmember Middleton
SECOND: Councilmember McCoy
AYES: Councilmembers Davis, McCoy, Middleton & Baker
NO’s: -0-
ABSENT: Councilmember Clair
The motion passes.
7. PRESENTATIONS: (NONE)
8. PUBLIC COMMENTS:
No public comment received.
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 October 26, 2025, through November 12, 2025. b. Approval of the Minutes of the Regular Meeting held November 4, 2025. c. Approval of Resolution 2025-46 of the City Council of the City of Yreka Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments thereto from the 2025 Funding Year of the State CDBG Program.
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:
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MOTIONED: Councilmember McCoy
SECOND: Councilmember Middleton
AYES: Councilmembers Davis, McCoy, Middleton & Baker
NO’s: -0-
ABSENT: Councilmember Clair
The motion passes.
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.
Finance Director
a. Agenda Title: Development Impact Fee Program
Recommended City Council Action: Motion to Approve City Council Resolution 2025-47 of the City Council of the City of Yreka Approving the Development Impact Fee Report and Updating the City’s Capital Improvement Plan and Development Impact Fee Program.
No public comment received
Motion to Approve City Council Resolution 2025-47 of the City Council of the City of Yreka Approving the Development Impact Fee Report and Updating the City’s Capital Improvement Plan and Development Impact Fee Program.
MOTIONED: Councilmember Davis
SECOND: Councilmember Middleton
AYES: Councilmembers Davis, McCoy, Middleton, & Baker
NO’s: -0-
ABSENT: Councilmember Clair
The motion passes.
11. CITY BUSINESS:
Mayor Colleen Baker
a.Agenda Title: Volunteer Fire Fighter Length of Service Award Recommended City Council Action: Motion to Direct the City Manager or his Designee to Research the Feasibility of Implementing a Length of Service Award for Yreka Volunteer Firefighters, including Implementation through California State Firefighters Employee Welfare Benefits Corporation (CSFEWBC) or at a Local Level; Identify Potential Costs of the Program and Program Eligibility, with a Report Back to the Council no later than March 31, 2026.
Public comment received by: Rick Dean, Tim Shaw, and Jerry Lemos Yreka City Council Agenda
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Motion to Direct the City Manager or his Designee to Research the Feasibility of Implementing a Length of Service Award for Yreka Volunteer Firefighters, including Implementation through California State Firefighters Employee Welfare Benefits Corporation (CSFEWBC) or at a Local Level; Identify Potential Costs of the Program and Program Eligibility, with a Report Back to the Council no later than August 30, 2026.
MOTIONED: Councilmember Middleton
SECOND: Councilmember Davis
AYES: Councilmembers Davis, Middleton & Baker
NO’s: Councilmember McCoy
ABSENT: Councilmember Clair
The motion passes.
Assistant City Manager
b.Agenda Title: Introduction and First Reading of Proposed Amendments to Section 2.20.020 “MembershipAppointment-Terms-Vacancy” of the City of Yreka Planning Commission.
Recommended City Council Action: Motion to Introduce the first reading and Waive full reading of an Ordinance Amending Section 2.20.020 “Membership – Appointment – Terms – Vacancy” of the Yreka Municipal Code and set the second reading for the City Council on December 2, 2025.
Public comment received by: Lorenzo Love
Motion to Introduce the first reading and Waive full reading of an Ordinance Amending Section 2.20.020 “Membership – Appointment – Terms – Vacancy” of the Yreka Municipal Code and set the second reading for the City Council on December 2, 2025.
MOTIONED: Councilmember Middleton
SECOND: Councilmember Baker
AYES: Councilmembers Davis, McCoy, Middleton & Baker
NO’s: -0-
ABSENT: Councilmember Clair
The motion passes.
f. CITY MANAGER/STAFF REPORTS:
City Manager John Elsnab 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 Davis gave an update on Fire Safe Council.
Councilmember McCoy gave an update.
Councilmember gave an update on COC.
Councilmember Baker gave an update.
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h. ADJOURNMENT:
The meeting was adjourned at 7:52 pm
____________________________
Mayor of the City of Yreka
Minutes approved by City Council
Motion on December 2, 2025
___________________________
Cyndy Prohaska, City Clerk
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To:
Prepared by:
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Discussion:
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
YrekaCity Council
Emily Aldrich, Finance Director
Approval of the 2024-2025 Closing Operating Budget Revisions Tuesday December 2, 2025
Budget revisions are needed during the year and at fiscal year ending to reflect changes in the budget estimates to more accurately reflect the revenue and expense trends.
The majority of expense revisions have already been authorized (allowable internal transfers or by Council action), and the following report details by account to ensure public transparency of those actions. The revenue changes, primarily increases, reflect better than projected performance results.
Budget adjustments and revisions are a common practice. Attached is a recap by account and description of the budget revisions and accompanying descriptions for the revision.
Fiscal Impact:
Budget impact only.
Recommendation and Requested Action:
Approval of the 2024-2025 Operating Budget Revisions.
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Yreka City Council Agenda
December 2, 2025
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
Prepared by: Matthew Bray, Director of Public Works/Ben Miller, Maint. & Op.
Manager/Renée Hoisington, Fleet Manager
Agenda title: Discussion/Possible Action – Adoption of a Resolution 2025-48 Approving the Sale of Surplus Property through GovDeals Government Surplus Meeting date: December 2, 2025
Discussion:
The Director of Public Works, in cooperation with the Maintenance and Operations Manager and Fleet Manager, recommends the sale of the equipment and miscellaneous items listed on the attached resolution due to the age of equipment and replacement.
Fiscal Impact:
The sale of this equipment will bring revenue to the City. The exact amount is unknown, at this time.
Recommendation and Requested Action:
That the Council:
Adopt the attached Resolution finding certain equipment as surplus property and authorizing the sale or disposal by the City Manager.
EQUIPMENT
# YEAR MAKE MODEL VIN / SERIAL #
398 1974 CHEVROLET PICKUP C30 W/SERVICE BODY &
ACCESSORIES
CCY334Z150576
540 2010 BOBCAT T180 COMPACT TRACK LOADER &
ACCESSORIES
A3LL36520
Yreka City Council Agenda
December 2, 2025
MISCELLANEOUS ITEMS
QTY DESCRIPTION QTY DESCRIPTION
2 LUMBER RACKS 4 EQUIPMENT TIRES
1 TRUCK CONSOLE 6 12 R 22.5 TIRES
1 SNAP-ON TPMS SENSOR SCAN TOOL 1 STAKE SIDE BED W/LIFT GATE FROM TRUCK #387
Approved by: __________________________________
John Elsnab, Interim City Manager
Yreka City Council Agenda
December 2, 2025
RESOLUTION NO 2025-48
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF YREKA FINDING CERTAIN CITY EQUIPMENT AS SURPLUS PROPERTY
AND AUTHORIZING SALE BY THE CITY MANAGER
WHEREAS, the City Manager has requested that certain City equipment be declared surplus property for possible sale or disposal, as it is no longer needed and/or is not economically repairable due to age, condition, and the availability of parts;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Yreka that the following City owned equipment is surplus property; and the City Manager is hereby authorized to sell or dispose of this property in such manner and for such price as he shall determine:
# YEAR MAKE MODEL VIN / SERIAL #
398 1974 CHEVROLET PICKUP C30 W/SERVICE BODY &
ACCESSORIES
CCY334Z150576
540 2010 BOBCAT T180 COMPACT TRACK LOADER
& ACCESSORIES
A3LL36520
Additional surplus materials include the following:
QTY DESCRIPTION QTY DESCRIPTION
2 LUMBER RACKS 4 EQUIPMENT TIRES
1 TRUCK CONSOLE 6 12 R 22.5 TIRES
1 SNAP-ON TPMS SENSOR SCAN TOOL 1 STAKE SIDE BED W/LIFT GATE FROM TRUCK #387
The City Council hereby expressly determines that said equipment is no longer required and that the same have no historical value.
Passed and adopted this 2nd day of December 2025 by the following vote:
AYES:
NOES:
ABSENT:
Colleen Baker, Mayor
ATTEST:
Cyndy Prohaska, City Clerk
Yreka City Council Agenda
December 2, 2025
CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
PREPARED BY: Melissa Sandberg, Interim Human Resources Director AGENDA TITLE: Discussion and Possible Action to:
Adopt a Resolution of the City Council of the City of Yreka Approving and Adopting an Updated Comprehensive Pay
Schedule for All Full-Time Employees, Part-Time
Employees, and Elected Officials in Accordance with
CalPERS Guidelines
MEETING DATE: December 2, 2025
Discussion:
The City of Yreka (City) has adopted Memorandums of Understanding and resolutions with its represented and unrepresented employees for the Fiscal Year 2026. The City has also been advised through a CalPERS Circular Letter dated January 8, 2020, of the requirement of the City to have the City Council approve and publish a comprehensive salary schedule for full-time, contractual, and part-time employees, elected officials, and stipends paid to volunteers who have an employment relationship with the City.
California Public Employees’ Retirement System (CalPERS), pursuant to their interpretation of California Code of Regulations section 570.5, recommends all CalPERS employers maintain their compensation levels in one publicly available document, approved and adopted by the governing body, which must meet all of the following requirements:
1) Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; 2) Identifies the position title for every employee position; 3) Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; 5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
6) Indicates an effective date and date of any revisions; 7) Is retained by the employer and available for public inspection for not less than five years; and
8) Does not reference another document in lieu of disclosing the pay rate.
Yreka City Council Agenda
December 2, 2025
The purpose of approving this resolution is to combine the City’s various payroll schedules into a single schedule for approval by the City Council. It is the staff's intent to continue to produce a single schedule going forward for both CalPERS and City purposes at the time any salary schedule is revised.
Fiscal Impact:
Minor increase to the part-time hourly pay schedule due to the increase in minimum wage for 2026.
Recommendation and Requested Action:
Discussion and Possible Action to:
Adopt a Resolution of the City Council of the City of Yreka Approving and Adopting an Updated Comprehensive Pay Schedule for All Full-Time Employees, Part-Time Employees, and Elected Officials in Accordance with CalPERS Guidelines Approved by: __________________________________
John Elsnab, Interim City Manager
Attachments:
• Attachment “A” – 2026 Comprehensive Salary Schedule for Full-Time Employees • Attachment “B” – 2026 Salary Schedule for Part-Time Employees, Elected Officials, and Volunteer Stipends
Yreka City Council Agenda
December 2, 2025
RESOLUTION NO. 2025-49
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA
APPROVING AND ADOPTING AN UPDATED COMPREHENSIVE PAY SCHEDULE
FOR ALL FULL-TIME EMPLOYEES, PART-TIME EMPLOYEES, AND ELECTED
OFFICIALS IN ACCORDANCE WITH CALPERS GUIDELINES
WHEREAS, the City of Yreka("City"), through negotiations with various employee bargaining groups, has established corresponding Memoranda of Agreement which are in full force and effect,
WHEREAS, the City has similarly established individual contracts that include positions for the City Manager, Reserve Officer, Resilience Planner, and Water and Wastewater Construction Field Technician; and
WHEREAS, the City establishes, at least bi-annually, pay schedules for its seasonal, part-time, temporary, volunteers, and elected officials; and WHEREAS, the California Public Employees' Retirement System ("CalPERS") limits "compensation earnable" for retirement purposes to amounts listed on a pay schedule meeting requirements set forth in section 570.5 of title 2 of the California Code of Regulations, including that government agency employers provide and make available to the public the salary of all fulltime, part-time employees and elected officials in a single salary format specified by CalPERS; and
WHEREAS, the City of Yreka has compiled the necessary salary data to create a single salary schedule in compliance with the requirements of CalPERS, dated November 4, 2019; and Circular Letter 200-003-20 dated January 8, 2020
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Yreka, California, that the Comprehensive Pay Schedule attached to the City Council Resolution as Attachment A and Attachment B, is approved and adopted.
PASSED, APPROVED AND ADOPTED on this Second Day of December 2025 by the following vote:
AYES:
NOES:
ABSENT:
Colleen Baker, Mayor
_______________________________
Attest:
_______________________________
Cyndy Prohaska, City Clerk
Yreka City Council Agenda
December 2, 2025
Comprehensive Annual Salary Schedule Fiscal Year 2026
YEA SALARY SCHEDULE (7/6/2025 - 7/4/2026)
JOB TITLE UNIT STEP A STEP B STEP C STEP D STEP E
LANDSCAPE TECHNICIAN YEA 41,534.50 43,611.23 45,791.80 48,081.39 50,485.46 FISCAL AND ADMINISTRATIVE TECHNICIAN YEA 46,852.20 49,194.81 51,654.56 54,237.29 56,949.16 MAINTENANCE WORKER YEA 46,852.20 49,194.81 51,654.56 54,237.29 56,949.16 WASTEWATER TREATMENT PLANT OPERATOR OIT/1 YEA 46,852.20 49,194.81 51,654.56 54,237.29 56,949.16 CLASS 1 WATER MAINTENANCE YEA 46,852.20 49,194.81 51,654.56 54,237.29 56,949.16 ADMINISTRATIVE SECRETARY YEA 48,547.56 50,974.94 53,523.69 56,199.88 59,009.88 RECORDS SPECIALIST YEA 48,547.56 50,974.94 53,523.69 56,199.88 59,009.88 SENIOR FISCAL AND ADMINISTRATIVE TECHNICIAN YEA 49,194.81 51,654.56 54,237.29 56,949.16 59,796.62 SENIOR MAINTENANCE WORKER YEA 49,194.81 51,654.56 54,237.29 56,949.16 59,796.62 MECHANIC YEA 49,194.81 51,654.56 54,237.29 56,949.16 59,796.62 WASTEWATER TREATMENT PLANT OPERATOR II YEA 51,654.56 54,237.29 56,949.16 59,796.62 62,786.46 WATER TREATMENT PLANT OPERATOR II YEA 51,654.56 54,237.29 56,949.16 59,796.62 62,786.46 SENIOR MECHANIC YEA 51,654.56 54,237.29 56,949.16 59,796.62 62,786.46 WASTEWATER TREATMENT PLANT OPERATOR III YEA 60,952.11 63,999.72 67,199.71 70,559.70 74,087.69 WATER TREATMENT PLANT OPERATOR III YEA 60,952.11 63,999.72 67,199.71 70,559.70 74,087.69 CONFIDENTIAL MANAGEMENT ANALYST YEA 64,338.80 67,555.74 70,933.53 74,480.21 78,204.23 MAINTENANCE AND OPERATIONS SUPERVISOR YEA 64,338.80 67,555.74 70,933.53 74,480.21 78,204.23 YMEU SALARY SCHEDULE (7/6/2025 - 7/4/2026)
JOB TITLE UNIT STEP A STEP B STEP C STEP D STEP E
STAFF ACCOUNTANT YMEU 61,573.36 64,652.03 67,884.64 71,278.88 74,842.83 CITY CLERK YMEU 71,735.96 75,322.76 79,088.90 83,043.35 87,195.52 MUNICIPAL PROJECTS MANAGER YMEU 80,353.24 84,370.91 88,589.46 93,018.94 97,669.89 FLEET MANAGER YMEU 80,360.37 84,378.39 88,597.31 93,027.18 97,678.54 WASTEWATER TREATMENT PLANT MANAGER YMEU 83,504.41 87,679.64 92,063.63 96,666.82 101,500.17 WATER MANAGER YMEU 83,504.41 87,679.64 92,063.63 96,666.82 101,500.17 PLANNING MANAGER YMEU 86,601.95 90,932.05 95,478.66 100,252.60 105,265.23 MAINTENANCE AND OPERATIONS MANAGER YMEU 91,088.09 95,642.50 100,424.63 105,445.87 110,718.17 FIRE DEPARTMENT SALARY SCHEDULE - HOURLY (4/15/2025)
JOB TITLE UNIT STEP A STEP B STEP C STEP D STEP E
FIREFIGHTER FUE $ 20.63 $ 21.67 $ 22.75 $ 23.89 $ 25.08 FIRE ENGINEER FUE $ 22.75 $ 23.89 $ 25.08 $ 26.33 $ 27.65 FIRE CAPTAIN FUE $ 25.79 $ 27.08 $ 28.44 $ 29.86 $ 31.35 YPOA SALARY SCHEDULE (7/6/2025 - 7/4/2026)
JOB TITLE UNIT STEP A STEP B STEP C STEP D STEP E
POLICE OFFICER YPOA 63,743.48 66,930.66 70,277.20 73,791.06 77,480.62 SERGEANT YPOA 81,354.63 85,422.37 89,693.49 94,178.17 98,887.08 DISPATCHER SALARY SCHEDULE (4/27/2025 - 7/4/2026)
JOB TITLE UNIT STEP A STEP B STEP C STEP D STEP E
DISPATCHER DISP 53,946.01 56,643.32 59,475.49 62,449.27 65,571.74 UNREPRESENTED UNIT SALARY SCHEDULE (7/6/2025 - 7/4/2026)
JOB TITLE UNIT STEP A STEP B STEP C STEP D STEP E
COMMUNITY DEVELOPMENT DIRECTOR UE 99,022.25 103,973.37 109,172.04 114,630.65 120,362.19 HUMAN RESOURCES DIRECTOR UE 99,022.25 103,973.37 109,172.04 114,630.65 120,362.19 LIEUTENANT UE 105,761.02 111,049.08 116,601.54 122,431.62 128,553.21 FIRE CHIEF UE 110,475.62 115,999.41 121,799.39 127,889.36 134,283.83 FINANCE DIRECTOR UE 112,403.63 118,023.82 123,925.02 130,121.28 136,627.35 ASSISTANT CITY MANAGER UE 113,106.17 118,761.48 124,699.56 130,934.54 137,481.27 PUBLIC WORKS DIRECTOR UE 114,667.58 120,400.96 126,421.01 132,742.07 139,379.18 CHIEF OF POLICE UE 121,625.18 127,706.44 134,091.77 140,796.36 147,836.18 CONTRACT EMPLOYEES SALARY SCHEDULE (7/6/2025 - 7/4/2026)
JOB TITLE UNIT STEP A STEP B STEP C STEP D STEP E
GIS SPECIALIST CT 62,780.69 65,919.73 69,215.72 72,676.51 76,310.34 CT 87,679.64 92,063.63 96,666.82 101,500.17 106,575.18
…...................................................................................................
RESILIENCE PLANNER CT 96,129.90 100,936.40 105,983.22 111,282.39 116,846.51 CITY MANAGER CT 162,160.11 170,268.12 178,781.53 187,720.61 197,106.65
WATER & WASTEWATER CONSTRUCTION & FIELD TECHNICIAN
Yreka City Council Agenda
December 2, 2025
Attachment "B" City of Yreka
Part-Time Employees, Elected Officials, and Volunteer Stipends Fiscal Year 2026
Published Hourly Rates
Part-Time Minimum Maximum
Police Kennel Technician/Adoption Coordinator Reg PT
$16.50 2025
$17.00 2026 $22.00
Police Kennel - Weekend/Holiday Cleaning
$16.50 2025
$17.00 2026 $22.00
Public Works - Parks, Greenway, Reg PT
$16.50 2025
$17.00 2026 $22.00
Police - Reserve Officer $25.00 2025 $40.00
Police - Recruit $17.00 $20.00
Community Facilities Building Attendants
$16.50 2025
$17.00 2026 $22.00
Community Theater Technician
$16.50 2025
$17.00 2026 $25.00
Community Service Officer $20.00 $25.00
Police Dispatch (on-call dispatch) $31.63 for 2025
$32.25 for 2026
Seasonal Help Part-Time Minimum Maximum
Public Works - Seasonal
$16.50 2025
$17.00 2026 $22.00
Extra Help Finance Minimum Maximum
Finance/Admin
$16.50 2025
$17.00 2026 $22.00
Elected and Volunteers
City Council ($3,600 annually per councilperson) $3,600.00 Annually City Treasurer ($5,100 annually) $5,100.00 Annually
Volunteer - Park Host $400.00 Monthly per host, up to 2 hosts Volunteer Assistant Fire Chief $14,500.00 Annually
Volunteer Fire Dept * $13.50 per call out
Volunteer Fire Dept - Taxable Benefits $48.00 YMCA Fitness Membership *YVFD member receive $10.50 and donate $3 per call for a departmental benefit payment, in lieu of the full employee callout payment Stipend/Callout
Yreka City Council Agenda
December 2, 2025
Second Reading of Ordinance
Amending Planning Commission
Membership Chapter 2.20
To: City Council
From: Juliana Lucchesi, Assistant City Manager
Subject: Second Reading of Proposed Amendments to Section 2.20.020 “Membership – Appointment – Terms – Vacancy” of the City of Yreka Planning Commission
Attachments: 1. City Council Ordinance No. 886 “ An Ordinance of the City Council of the City of Yreka, California, Amending Section
2.20.020 “Membership – Appointment – Terms – Vacancy” and Finding Action Exempt from the California Environmental Quality Act (CEQA) (Guidelines §15378)”
Summary:
The City of Yreka Planning Commission has lacked a sufficient number of Commissioners to conduct city business. The Planning Commission is considered the planning agency under the City of Yreka Municipal. The planning agency plays an important role in granting or denying applications for use permits, subdivision maps, and other necessary planning functions. A municipal code amendment was drafted for City Council consideration to address situations in which there are not enough Commissioners to carry out City business.
The first reading of the ordinance was introduced at the November 18, 2025, regular City Council meeting.
Proposed Amendments:
Section 2.20.020 of the Yreka Municipal Code governs membership, appointment, terms, and vacancies of the Planning Commission. The following proposed code section would assign the role of the Planning Commission to the City Council in the event that there are not enough Commissioners to conduct city business:
“In the event that an insufficient number of Commissioners are seated on the planning commission due to vacancies, recusals, absences, or other factors, and therefore the planning commission is unable to achieve quorum due to insufficient number of members Yreka City Council Agenda
December 2, 2025
presently appointed, the city council as a whole shall assume the duties and responsibilities of the planning commission. Any planning commissioners appointed during that period shall have no authority or duties as a planning commissioner until such time the city council is able to approve the number of members to return the planning commission to its full membership. Actions taken by the city council while serving in the capacity of the planning commission shall be final, and not subject to any appeal rights established by state law or local ordinance to the city council.”
This text is underlined in the attachment ordinance for ease of reading.
Environmental Review:
The proposed amendment was evaluated for compliance with the California Environmental Quality Act (CEQA) and determined to be exempt pursuant to Section 15378 of the CEQA Guidelines. A “Project” subject to CEQA evaluation means a whole of an action, which has a potential for resulting in eight a direct or indirect change in the environment, or a reasonably foreseeable indirect physical change in the environment. The proposed amendment would not meet this definition of a “Project” under CEQA because the action is administrative in nature and an organizational change activity of government that would not result in any foreseeable direct or indirect impacts to the environment (Section 15378(b)(3)and (5)).
Recommended Actions:
1. Motion to adopt Ordinance 886 “ An Ordinance of the City Council of the City of Yreka, California, Amending Section 2.20.020 “Membership – Appointment – Terms – Vacancy” and Finding Action Exempt from the California Environmental Quality Act (CEQA) (Guidelines §15378)” Yreka City Council Agenda
December 2, 2025
ORDINANCE NO. 886
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YREKA,
CALIFORNIA, AMENDING SECTION 2.20.020 “MEMBERSHIP--
APPOINTMENT--TERMS—VACANCY” AND FINDING ACTION
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) (GUIDELINES §15378).
WHEREAS, the City of Yreka Planning Commission is established pursuant to Chapter 2.20 of the Yreka Municipal Code and California Government Code Section 65100 et seq.; and WHEREAS, the Planning Commission requires a quorum to conduct official business and take action on matters within its jurisdiction; and
WHEREAS, circumstances may arise where due to vacancies, recusals, absences, or other factors beyond the City's immediate control the Planning Commission temporarily does not have a sufficient number of members to establish a quorum to conduct a business ; and WHEREAS, the inability to hold meetings due to Planning Commission lacking a sufficient number of members to establish a quorum could result in delays to important planning and development matters that affect the health, safety, and welfare of the community; and WHEREAS, it is necessary to establish a policy whereby the City Council temporarily reclaims the duties of the Planning Commission to ensure continuity of government operations and prevent harm to applicants and the public interest; and
WHEREAS, City Staff reviewed the proposed ordinance changes for compliance with the California Environmental Quality Act ("CEQA") and found that the proposed ordinance changes are not subject to environmental review pursuant to CEQA Guidelines Section 15378. CEQA Guidelines Section 15378(b)(2) and (5) exclude "administrative activities of governments that will not result in direct or indirect physical changes to the environment" from its definition of "project." THE CITY COUNCIL OF THE CITY OF YREKA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds the foregoing recitals and their findings to be true and correct and hereby incorporates such recitals and their findings into this ordinance.
SECTION 2. Amendment . Section 2.20.020 "Membership—Appointment—Terms—Vacancies" of Chapter 2.20 "Planning Commission" of Title 2 "Administration and Personnel" of the Yreka Municipal Code is amended in as follows:
2.20.020 Membership-Appointment-Terms-Vacancies
The planning commission shall consist of five members, none of whom shall be officials or employees of the city. Members of the commission shall be appointed by the mayor with the approval of the city council.
Yreka City Council Agenda
December 2, 2025
Members of the planning commission heretofore appointed and in office on the effective date of the ordinance codified in this chapter, shall hold office in accordance with the term theretofore set for each such respective member.
Vacancies occurring by expiration of the term of a commissioner, shall be appointed for four-year terms. If a vacancy shall occur otherwise than by expiration of the term of the commissioner, it shall be filled by appointment for the unexpired portion of the term. In the event any commissioner shall be absent at three consecutive meetings of the planning commission, such commissioner may be removed by the city council and appointment may be made for the unexpired term of such commissioner.
Membership shall consist of members residing within the city limits of the city of Yreka. Any members presently sitting as planning commissioners who reside outside the city limits may retain their office until his/her term of office expires.
In the event that an insufficient number of Commissioners are seated on the planning commission due to vacancies, recusals, absences, or other factors, and therefore the planning commission is unable to achieve quorum due to insufficient number of members presently appointed, the city council as a whole shall assume the duties and responsibilities of the planning commission. Any planning commissioners appointed during that period shall have no authority or duties as a planning commissioner until such time the city council is able to approve the number of members to return the planning commission to its full membership.
Actions taken by the city council while serving in the capacity of the planning commission shall be final, and not subject to any appeal rights established by state law or local ordinance to the city council.
SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. Effective Date. This ordinance shall take effect thirty (30) days after its adoption.
SECTION 5. Publication. 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 2nd day of December, 2025.
Yreka City Council Agenda
December 2, 2025
Ayes:
Nays:
Abstain:
Absent:
____________________________
Colleen Baker, Mayor
ATTEST:
_______________________________
Cynthia Prohaska, City Clerk
APPROVED AS TO FORM:
________________________________
Andrew L. Jared, City Attorney
Yreka City Council Agenda
December 2, 2025
Introduction of Proposed Accessory
Dwelling Unit (ADU) Ordinance Update
To: Yreka City Council
From: Planning Department
Prepared by: Alia Roca Lezra, Planning Manager
Agenda Title: Public Hearing: Introduction and First Reading of an Ordinance to Amend Title 16 of the Yreka Municipal Code in Compliance with State Accessory Dwelling Unit (ADU) Law
Meeting Date: December 2, 2025
Purpose
The purpose of this item is to adopt an updated Accessory Dwelling Unit (ADU) ordinance (Attachment 1) in compliance with State law.
Summary
The California Department of Housing and Community Development (HCD) reviewed Yreka’s current ADU Ordinance under State ADU law and notified the City that the ordinance was out of compliance. HCD has provided comments to staff detailing revisions needed to bring the current ordinance up to State standards. After incorporating these comments, HCD informed staff that the proposed revisions (Attachment 2) would meet State regulations. HCD’s comments are summarized below:
• Update the ordinance to reference current state ADU statutes (Government Code §§ 66310–66324) and revise the definitions of ADUs and JADUs to align with state law, including increasing the number of ADUs allowed on a single property.
• Clarify terminology such as “increased floor area” and distinguish between ADUs subject to local development standards and those exempt under state law.
• Remove unnecessary permit requirements, ensure ADUs and JADUs are reviewed and approved through the ministerial (by-right) process, confirm they are permitted in residential and mixed-use zones, and remove outdated owner-occupancy provisions.
• Revise standards related to building placement, fire and life safety, parking, utility fees, and the number of ADUs permitted per lot to reflect current state law.
Yreka City Council Agenda
December 2, 2025
• Correct minor errors and incorporate missing state-required provisions, including those related to demolition, occupancy, and the legalization of unpermitted units, and ensure this information is made publicly accessible.
Fiscal Impact
No direct fiscal impact by amending the City’s Municipal Code.
Environmental Review
The proposed Accessory Dwelling Unit Ordinance (Attachment 1) is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) and (3) in that the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in that the activity is not a "project" as defined in Section 15378. CEQA Guidelines Section 15378(b)(2) and (5) exclude "[c]ontinuing administrative ... activities" and "administrative activities of governments that will not result in direct or indirect physical changes to the environment" from its definition of "project."
Recommended 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 Title 16 of the Yreka Municipal Code updating the City’s ADU ordinance in compliance with State ADU law (Attachment 1)
4. Read the following ordinance by title only:
“An Ordinance of the City Council of the City of Yreka, California, Amending Chapter 16.12.045 of the Yreka Municipal Code Entitled “Accessory Dwelling Unit” and Chapter 16.46.170 “Accessory Dwelling Units” and Finding the Ordinance Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15378”
Attachments:
1. Proposed Ordinance No.________ “An Ordinance of the City Council of the City of Yreka, California, Amending Chapter 16.12.045 of the Yreka Municipal Code Entitled “Accessory Dwelling Unit” and Chapter 16.46.170 “Accessory Dwelling Units” and Finding the Ordinance Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15378”
2. Redlined Ordinance No.________ Amending Chapters 16.12 and 16.46.170 Yreka City Council Agenda
December 2, 2025
1 2 ORDINANCE NO. ___
3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
5 OF YREKA, CALIFORNIA AMENDING CHAPTER
6 16.12.045 OF THE YREKA MUNICIPAL CODE ENTITLED
7 “ACCESSORY DWELLING UNIT” AND CHAPTER
8 16.46.170 “ACCESSORY DWELLING UNITS” AND
9 FINDING THE ORDINANCE EXEMPT FROM CEQA
10 WHEREAS, this article is adopted pursuant to the authority granted to the City by Section 11 7 of Article XI of the California Constitution, California Government Code sections 12 50022.1-50022.8 and 50022.10, and the provisions of Government Code sections 66310– 13 66324; and
14 WHEREAS, provisions in the Yreka Municipal Code require revision to comply with 15 these provisions; and
16 WHEREAS, on December 2, 2025, the City Council conducted a duly noticed public 17 hearing to consider Ordinance No._______; and
18 WHEREAS, City Staff reviewed the proposed ordinance changes for compliance with the 19 California Environmental Quality Act (“CEQA”) and found that the proposed ordinance 20 changes are not subject to environmental review pursuant to CEQA Guidelines Section 21 15378. CEQA Guidelines Section 15378(b)(2) and (5) exclude "administrative activities of 22 governments that will not result in direct or indirect physical changes to the environment" 23 from its definition of "project.".
24 THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY ORDAIN AS 25 FOLLOWS:
26 Section 1. Recitals. The City Council finds the foregoing recitals and their findings to be 27 true and correct, and hereby incorporates such recitals and their findings into this 28 ordinance.
29 Section 2. Chapter 16.12.045 “Accessory Dwelling Unit” of the Yreka Municipal Code is 30 hereby amended to read as follows:
31 16.12.045 Accessory dwelling unit.
Yreka City Council Agenda
December 2, 2025
32 "Accessory dwelling unit" (ADU) means an attached or a detached residential dwelling 33 unit which provides complete independent living facilities for one or more persons. It 34 shall have a separate exterior entrance and include permanent provisions for living, 35 sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling 36 is situated. An ADU also includes the following:
37 A. A manufactured home, as defined in Section 18007 of the Health and Safety 38 Code.
39 B. An efficiency unit, as defined in section 66310 - 66324 of the Government 40 Code.
41 "Junior accessory dwelling unit" (JADU) means a unit that is no more than five hundred 42 square feet in size and contained entirely within an existing or proposed single-family 43 structure.
44 A. A JADU shall have a separate entrance from the main entrance to the existing or 45 proposed single-family residence. An increase in size for the single-family 46 residence of not more than one hundred fifty square feet to allow for the separate 47 entrance shall be acceptable.
48 B. A JADU shall have an efficiency kitchen, which shall include all of the following:
49 a. A cooking facility with appliances.
50 b. A food preparation counter and storage cabinets that are of reasonable size 51 in relation to the size of the JADU.
52 A JADU may include separate sanitation facilities or may share sanitation facilities with 53 the existing structure. A JADU shall include an interior entry to the main living area if 54 the JADU does not have a separate bathroom.
55 (Ord. No. 853, § 2, 8-16-2018; Ord. No. 854, § 2, 8-20-2020) 56 57 Section 3. Section 16.46.170 of the Yreka Municipal Code is amended to read as follows:
58 16.46.170 Accessory dwelling units.
59 Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are 60 an allowed use in all zoning districts that allow single-family and multifamily 61 residential uses in the city and shall not be subject to a use permit or other 62 discretionary action pursuant to Government Code Section 66310-66324. In the CPO, 63 C-2, CH, CT, and M-1 zones, ADUs are permitted by right only if the property has an 64 existing or proposed single- or multi-family dwelling. JADUs are only permitted by 65 right in R-1 zones. ADUs and JADUs are subject to the following requirements 66 unless otherwise specified under Government Code Section 66332 Yreka City Council Agenda
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67 A. The size of an attached ADU shall not exceed fifty percent of the existing 68 primary dwelling living area, as long as the size limitation permits an ADU at 69 least eight hundred square feet in size, at least sixteen feet in height with four70 foot side and rear yard setbacks, and that can be constructed in compliance 71 with all other local development standards. Maximum allowed size is one 72 thousand two hundred square feet. JADUs shall not exceed five hundred 73 square feet regardless of lot size.
74 B. The dwelling unit is not intended for sale but may be rented for a period 75 greater than thirty days. Short-term rental (thirty days or less) of these units is 76 not allowed. The ADU or JADU shall not be sold separately from the primary 77 dwelling unless the existing lot is divided into two or more lots consistent with 78 city lot dimension and lot area standards resulting in the primary structure and 79 ADU being on individual lots. Full separate utility connections for all 80 habitable structures shall be a requirement of approval of the lot division. The 81 dwelling unit can be sold with the involvement of qualified nonprofit housing 82 organizations.
83 C. The lot contains an existing or proposed single- or multi-family dwelling. 84 D. The lot in which the use is proposed is in a zoning district which allows for 85 single- or multi-family use.
86 E. Owner-occupancy of the parcel is not a requirement to apply for the 87 construction of an ADU or JADU. ADUs built after January 1, 2020 are not 88 required to have owner occupancy. However, owner occupancy of the single89 family residence in which a JADU will be permitted is required. The owner 90 may occupy either the remaining area of the primary dwelling or the JADU. 91 The recordation of a deed restriction, which shall run with the land, shall be 92 filed with the permitting agency, and shall include both of the following:
93 a. A prohibition on the sale of the JADU separate from the sale of the single94 family residence, including a statement that the deed restriction may be 95 enforced against future purchasers
96 b. A restriction on the size and attributes of the JADU that conforms with this 97 article.
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98 F. For a project which proposes a new single- or multi-family dwelling and an 99 ADU or JADU, the primary dwelling shall be approved for occupancy prior to 100 occupancy of the ADU/JADU.
101 G. ADUs shall be either attached to the proposed or existing dwelling and located 102 within the living area of the proposed or existing dwelling or detached from 103 the proposed or existing dwelling and located on the same lot as the existing 104 dwelling. JADUs shall be attached to the existing dwelling and located within 105 the living area of the proposed or existing dwelling, including attached 106 garages.
107 H. No setback shall be required for an existing living area, garage, or accessory 108 structure that is converted to an ADU or JADU. However, fire protection 109 mechanisms, as determined by the fire marshal, may be required for fire and 110 life safety in those ADUs or JADUs not meeting setbacks. 111 A setback of four feet shall be required for an ADU that is not converted from 112 an existing structure or a new structure constructed in the same location and to 113 the same dimensions as an existing structure.
114 I. With the exception of those requirements discussed in subsection H above, 115 requirements relating to height, architectural review, site plan review, fees, 116 charges, and other zoning requirements are generally applicable to residential 117 construction in the zone in which the property is located* 118 J. Parking requirements for ADUs shall not exceed one parking space per unit or 119 per bedroom, whichever is less. These spaces may be provided as tandem 120 parking on an existing driveway. No new or additional parking spaces are 121 required for JADUs. Additionally, no parking requirements shall be 122 mandatory for those ADUs and JADUs in any of the following instances:
123 a. The ADU or JADU is located within one-half mile of public transit. 124 b. The ADU or JADU is located within an architecturally and historically 125 significant historic district.
126 c. The ADU or JADU is part of the existing primary residence or an 127 existing accessory structure.
128 d. When on-street parking permits are required but not offered to the 129 occupant of the ADU or JADU.
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130 e. When there is a car share vehicle located within one block of the ADU 131 or JADU.
132 f. When a permit application for an accessory dwelling unit is submitted 133 with a permit application to create a new single-family dwelling or a 134 new multifamily dwelling on the same lot, provided that the accessory 135 dwelling unit or the parcel satisfies any other criteria listed in this 136 subdivision.”
137 K. Off-street parking shall be permitted in setback areas in locations determined 138 by the city or through tandem parking, unless specific findings are made that 139 parking in setback areas or tandem parking is not feasible based upon specific 140 site or regional topographical or fire and life safety conditions, or that it is not 141 permitted anywhere else in the jurisdiction.
142 L. The replacement of parking spaces in an existing attached or detached garage, 143 carport, or covered parking converted to an ADU or an existing attached or 144 detached garage, carport, or covered parking demolished to construct a new 145 ADU shall not be required for the construction and use of the ADU. 146 The replacement of parking spaces in an existing attached garage, carport or 147 covered parking converted to a JADU or an existing attached garage, carport, 148 or covered parking demolished to construct a new JADU shall not be required 149 for the construction and use of the JADU.
150 M. The creation of an ADU or JADU shall not be considered to constitute a 151 change in occupancy for purposes of applying building code requirements, 152 provided that the construction of the ADU or JADU does not result in a 153 change of occupancy under the California Building Standards Code. 154 N. The City shall not require a property owner to obtain a separate demolition 155 permit or other approval for the demolition of an existing detached garage that 156 is to be replaced with an ADU or JADU. Demolition of the detached garage 157 may be carried out concurrently with the construction of the new ADU or 158 JADU, provided that the applicant has obtained all necessary building permits 159 for the new unit.
160 O. When a detached garage is demolished in conjunction with the construction of 161 an ADU or JADU, the City shall not require that those off-street parking 162 spaces be replaced.
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163 P. All ADUs and JADUs shall not be required to provide fire sprinklers if they 164 are not required for the primary dwelling. However, other fire protection 165 mechanisms, as determined by the fire marshal, may be required for fire and 166 life safety in those ADUs and JADUs not meeting side and rear setbacks as 167 prescribed in Title 16 “Zoning”. For purposes of any fire or life protection 168 ordinance or regulation, a junior accessory dwelling unit shall not be 169 considered a separate or new dwelling unit.
170 Q. For those ADUs or JADUs contained within the existing space of a single171 family residence or accessory structure, which have an independent exterior 172 access from the existing residence, and the side and rear setbacks are 173 sufficient for fire safety shall not require a new or separate utility connection 174 directly between the ADUs or JADUs and the utility. No related connection 175 fee or capacity charge shall be imposed for this structure. 176 For purposes of providing service for water, sewer, or power, including a 177 connection fee, a JADU shall not be considered a separate or new dwelling 178 unit.
179 R. Development impact fees for ADUs shall be based on the proportional size of 180 the ADU to the primary dwelling. No development impact fees shall be 181 required for ADUs of seven hundred fifty square feet or less in size. 182 S. For an ADU or JADU that is not described in subsection N above, a new or 183 separate utility connection directly between the ADU or JADU and the utility 184 shall be required. The connection is subject to a connection fee or capacity 185 charge which shall be proportionate to the burden of the proposed ADU or 186 JADU, based upon either its square footage or number of drainage fixture unit 187 valves, upon the water or sewer system. This fee or charge shall not exceed 188 the reasonable cost of providing this service. No impact fees may be charged 189 for the development of an ADU or JADU less than seven hundred fifty square 190 feet.
191 T. A maximum of one ADU converted from existing space, one newly 192 constructed detached ADU, and one JADU are allowed per lot occupied by a 193 single-family residential unit, unless otherwise specified under Government 194 Code Section 66314, if the following is met:
195 a. The ADU or JADU is within the proposed space of a single-family 196 dwelling or existing space of a single-family dwelling or accessory Yreka City Council Agenda
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197 structure and may include an expansion of not more than one hundred 198 fifty square feet beyond the same physical dimensions as the existing 199 accessory structure.
200 b. An expansion beyond the physical dimensions of the existing accessory 201 structure shall be limited to accommodating ingress and egress. 202 c. The space has exterior access from the proposed or existing single203 family dwelling. 204 d. The side and rear setbacks are sufficient for fire and safety. 205 e. The JADU complies with the requirements of Section 17.76.130 and 206 Section 17.08.145.
207 U. Multiple ADUs shall be allowed within the portions of existing multi-family 208 dwelling structures that are not used as livable space, including, but not 209 limited to, storage rooms, boiler rooms, passageways, attics, basements, or 210 garages, if each unit complies with state building standards for dwellings. 211 Up to eight (8) detached ADUs that are located on a lot that has an existing multi212 family dwelling shall be allowed on that multi-family lot, provided that the number of 213 ADUs does not exceed the number of existing units on the lot. Up to two (2) 214 detached ADUs are permitted on a lot with a proposed multifamily dwelling. 215 The property owner may submit an application for legalization of an unpermitted 216 ADU or JADU pursuant to this section. The City shall review the application for 217 compliance with Government Code section 66332, applicable building standards, and 218 any other objective standards adopted by the City that are consistent with State law. 219 (Ord. No. 853, § 2, 8-16-2018; Ord. No. 854, § 2, 8-20-2020) 220 Section 4. Severability. If any section, subsection, part, clause, sentence or phrase of this 221 ordinance or the application thereof is for any reason held to be invalid or 222 unconstitutional by a decision of any court of competent jurisdiction, the validity of the 223 remaining portions of this Ordinance, the application thereof, shall not be effected 224 thereby but shall remain in full force and effect, it being the intention of the City Council 225 to adopt each and every section, subsection, part, clause, sentence phrase regardless of 226 whether any other section, subsection, part, clause, sentence or phrase or the application 227 thereof is held to be invalid or unconstitutional.
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228 Section 5. Effective Date. This Ordinance shall take effect thirty days after its passage 229 and adoption pursuant to California Government Code Section 36937 and shall supersede 230 any conflicting provision of any City of Yreka ordinance. 231 Section 6. Implementation. The City Council hereby authorizes and directs the City 232 Manager to take any action and sign any documents necessary to implement this Ordinance. 233 Section 7. Certification. The City Clerk shall certify to the passage and adoption of this 234 ordinance and shall cause the same to be published or posted according to law. 235 Section 8. Inconsistencies. Any provisions of the Yreka Municipal Code, or appendices 236 thereto, or any other ordinances of the City inconsistent herewith, to the extent of such 237 inconsistencies and no further, are hereby repealed. 238 Section 9. Codification. The City Clerk is directed and authorized to instruct the publisher 239 of the City of Yreka Municipal Code that codification of this Ordinance is limited to 240 Sections 1 and 2.
241 Section 10. Execution. The Mayor and City Clerk are authorized to subscribe this ordinance 242 where indicated below to evidence its approval.
243 Introduced at a regular meeting of the City Council held on December 2, 2025 244 passed, approved by at least a majority and adopted at a regular meeting of the City Council 245 of the City of Yreka held on ___________________ by the following vote:
246 AYES:
247 NOES:
248 ABSTAIN:
249 ABSENT:
250
251 Colleen Baker, Mayor
252 Approved as to Form: Attest:
253
254 Andrew Jared, City Attorney Cyndy Prohaska, City Clerk Yreka City Council Agenda
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Attachment 2
1 16.12.045 Accessory dwelling unit.
2 "Accessory dwelling unit" (ADU) means an attached or a detached residential dwelling 3 unit which provides complete independent living facilities for one or more persons. It 4 shall have a separate exterior entrance and include permanent provisions for living, 5 sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling 6 is situated. An ADU also includes the following:
7 A. A. A manufactured home, as defined in Section 18007 of the Health and 8 Safety Code.
9 B. An efficiency unit, as defined in section 66310 - 66324 of the Government 10 Code.
11 "Junior accessory dwelling unit" (JADU) means a unit that is no more than five hundred 12 square feet in size and contained entirely within an existing or proposed single-family 13 structure.
14 A. A JADU shall have a separate entrance from the main entrance to the existing or 15 proposed single-family residence. An increase in size for the single-family 16 residence of not more than one hundred fifty square feet to allow for the separate 17 entrance shall be acceptable.
18 B. A JADU shall have an efficiency kitchen, which shall include all of the following:
19 a. A cooking facility with appliances.
20 b. A food preparation counter and storage cabinets that are of reasonable size 21 in relation to the size of the JADU.
22 A JADU may include separate sanitation facilities or may share sanitation facilities with 23 the existing structure. A JADU shall include an interior entry to the main living area if 24 the JADU does not have a separate bathroom.
25 (Ord. No. 853, § 2, 8-16-2018; Ord. No. 854, § 2, 8-20-2020) 26 16.46.170 Accessory dwelling units.
27 Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are 28 an allowed use in all zoning districts that allow single-family and multifamily 29 residential uses in the city and shall not be subject to a use permit or other 30 discretionary action pursuant to Government Code Section 65852.2Government Code 31 Section 66310-66324. In the CPO, C-2, CH, CT, and M-1 zones, ADUs and JADUs 32 are permitted by right only if the property has an existing or proposed single- or 33 multi-family dwelling with an approved use permit. JADUs are only permitted by 34 right in R-1 zones. ADUs and JADUs are subject to the following requirements 35 unless otherwise specified under Government Code Section 66332:
36 A. The increased floor areasize of an attached ADU shall not exceed fifty percent 37 of the proposed or existing primary dwelling living area, as long as the size Formatted: Indent: Left: 0.83", Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.33" + Indent at: 0.65"
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38 limitation permits an ADU at least eight hundred square feet in size, at least 39 sixteen feet in height with four-foot side and rear yard setbacks, and that can 40 be constructed in compliance with all other local development standards. 41 Maximum allowed increase in floor areasize is one thousand two hundred 42 square feet. JADUs shall not exceed five hundred square feet regardless of lot 43 size.
44 B. The dwelling unit is not intended for sale but may be rented for a period 45 greater than thirty days. Short-term rental (thirty days or less) of these units is 46 not allowed. The ADU or JADU shall not be sold separately from the primary 47 dwelling unless the existing lot is divided into two or more lots consistent with 48 city lot dimension and lot area standards resulting in the primary structure and 49 ADU being on individual lots. Full separate utility connections for all 50 habitable structures shall be a requirement of approval of the lot division. The 51 dwelling unit can be sold with the involvement of qualified nonprofit housing 52 organizations.
53 C. The lot contains an existing or proposed single- or multi-family dwelling. 54 D. The lot in which the use is proposed is in a zoning district which allows for 55 single- or multi-family use.
56 E. Owner-occupancy of the parcel is not a requirement to apply for the 57 construction of an ADU or JADU. ADUs built after January 1, 2020 are not 58 required to have owner occupancy. Owner occupancy of a dwelling on the 59 property is not required between January 1, 2020 and January 1, 2025 for 60 ADUs. However, owner occupancy of the single-family residence in which a 61 JADU will be permitted is required. The owner may occupy either the 62 remaining area of the primary dwelling or the JADU. The owner occupancy 63 requirement associated with a JADU shall be recorded on the property deed. 64 The recordation of a deed restriction, which shall run with the land, shall be 65 filed with the permitting agency, and shall include both of the following:
66 a. A prohibition on the sale of the JADU separate from the sale of the single67 family residence, including a statement that the deed restriction may be 68 enforced against future purchasers
69 E.b. A restriction on the size and attributes of the JADU that conforms 70 with this article.
Formatted
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71 F. For a project which proposes a new single- or multi-family dwelling and an 72 ADU or JADU, the primary dwelling shall be approved for occupancy prior to 73 occupancy of the ADU/JADU.
74 G. ADUs shall be either attached to the proposed or existing dwelling and located 75 within the living area of the proposed or existing dwelling or detached from 76 the proposed or existing dwelling and located on the same lot as the existing 77 dwelling. JADUs shall be attached to the existing dwelling and located within 78 the living area of the proposed or existing dwelling, including attached 79 garages.
80 H. No setback shall be required for an existing living area, garage, or accessory 81 structure that is converted to an ADU or JADU. However, fire protection 82 mechanisms, as determined by the fire marshal, may be required for fire and 83 life safety in those ADUs or JADUs not meeting setbacks. 84 A setback of four feet shall be required for an ADU that is not converted from 85 an existing structure or a new structure constructed in the same location and to 86 the same dimensions as an existing structure.
87 I. With the exception of those requirements discussed in subsection H above, 88 requirements relating to height, architectural review, site plan review, fees, 89 charges, and other zoning requirements are generally applicable to residential 90 construction in the zone in which the property is located. * 91 J. Parking requirements for ADUs shall not exceed one parking space per unit or 92 per bedroom, whichever is less. These spaces may be provided as tandem 93 parking on an existing driveway. No new or additional parking spaces are 94 required for JADUs. Additionally, no parking requirements shall be 95 mandatory for those ADUs and JADUs in any of the following instances:
96 a. The ADU or JADU is located within one-half mile of public transit. 97 b. The ADU or JADU is located within an architecturally and historically 98 significant historic district.
99 c. The ADU or JADU is part of the existing primary residence or an 100 existing accessory structure.
101 d. When on-street parking permits are required but not offered to the 102 occupant of the ADU or JADU.
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103 e. When there is a car share vehicle located within one block of the ADU 104 or JADU.
105 e.f.When a permit application for an accessory dwelling unit is submitted 106 with a permit application to create a new single-family dwelling or a 107 new multifamily dwelling on the same lot, provided that the accessory 108 dwelling unit or the parcel satisfies any other criteria listed in this 109 subdivision.”
110 K. Off-street parking shall be permitted in setback areas in locations determined 111 by the city or through tandem parking, unless specific findings are made that 112 parking in setback areas or tandem parking is not feasible based upon specific 113 site or regional topographical or fire and life safety conditions, or that it is not 114 permitted anywhere else in the jurisdiction.
115 L. The replacement of parking spaces in an existing attached or detached garage, 116 carport, or covered parking converted to an ADU or an existing attached or 117 detached garage, carport, or covered parking demolished to construct a new 118 ADU shall not be required for the construction and use of the ADU. 119 The replacement of parking spaces in an existing attached garage, carport or 120 covered parking converted to a JADU or an existing attached garage, carport, 121 or covered parking demolished to construct a new JADU shall not be required 122 for the construction and use of the JADU.
123 M. The creation of an ADU or JADU shall not be considered to constitute a 124 change in occupancy for purposes of applying building code requirements, 125 provided that the construction of the ADU or JADU does not result in a 126 change of occupancy under the California Building Standards Code. 127 N. The City shall not require a property owner to obtain a separate demolition 128 permit or other approval for the demolition of an existing detached garage that 129 is to be replaced with an ADU or JADU. Demolition of the detached garage 130 may be carried out concurrently with the construction of the new ADU or 131 JADU, provided that the applicant has obtained all necessary building permits 132 for the new unit.
133 O. When a detached garage is demolished in conjunction with the construction of 134 an ADU or JADU, the City shall not require that those off-street parking 135 spaces be replaced.
Formatted: Indent: Left: 0.5", Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.5"
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136 M.P. All ADUs and JADUs shall not be required to provide fire sprinklers if 137 they are not required for the primary dwelling. However, other fire protection 138 mechanisms, as determined by the fire marshal, may be required for fire and 139 life safety in those ADUs and JADUs not meeting side and rear setbacks as 140 prescribed in Title 16 “Zoning”setbacks. For purposes of any fire or life 141 protection ordinance or regulation, a junior accessory dwelling unit shall not 142 be considered a separate or new dwelling unit.
143 N.Q. For those ADUs or JADUs contained within the existing space of a single144 family residence or accessory structure, which have an independent exterior 145 access from the existing residence, and the side and rear setbacks are 146 sufficient for fire safety shall not require a new or separate utility connection 147 directly between the ADUs or JADUs and the utility. No related connection 148 fee or capacity charge shall be imposed for this structure. 149 For purposes of providing service for water, sewer, or power, including a 150 connection fee, a JADU shall not be considered a separate or new dwelling 151 unit.
152 O.R. Development impact fees for ADUs shall be based on the proportional size 153 of the ADU to the primary dwelling. No development impact fees shall be 154 required for ADUs of seven hundred fifty square feet or less in size. 155 P.S. For an ADU or JADU that is not described in subsection N above, a new 156 or separate utility connection directly between the ADU or JADU and the 157 utility shall be required. The connection is subject to a connection fee or 158 capacity charge which shall be proportionate to the burden of the proposed 159 ADU or JADU, based upon either its size or the number of its plumbing 160 fixtures,square footage or number of drainage fixture unit valves, upon the 161 water or sewer system. This fee or charge shall not exceed the reasonable cost 162 of providing this service. No impact fees may be charged for the development 163 of an ADU or JADU less than seven hundred fifty square feet. 164 Q.T. A maximum of one ADU and one JADUone ADU converted from existing 165 space, one newly constructed detached ADU, and one JADU are allowed per 166 lot occupied by a single-family residential unit, unless otherwise specified 167 under Government Code Section 66314, if the following is met:
168 a. The ADU or JADU is within the proposed space of a single-family 169 dwelling or existing space of a single-family dwelling or accessory Yreka City Council Agenda
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170 structure and may include an expansion of not more than one hundred 171 fifty square feet beyond the same physical dimensions as the existing 172 accessory structure.
173 b. An expansion beyond the physical dimensions of the existing accessory 174 structure shall be limited to accommodating ingress and egress. 175 c. The space has exterior access from the proposed or existing single176 family dwelling. 177 d. The side and rear setbacks are sufficient for fire and safety. 178 e. The JADU complies with the requirements of Section 17.76.130 and 179 Section 17.08.145.
180 U. Multiple ADUs shall be allowed within the portions of existing multi-family 181 dwelling structures that are not used as livable space, including, but not 182 limited to, storage rooms, boiler rooms, passageways, attics, basements, or 183 garages, if each unit complies with state building standards for dwellings. 184 R.
185 At least one attached ADU and a maximum of twenty-five percent of the existing 186 multi-family dwelling units shall be allowed in a multi-family structure. 187 Up to two eight (8) detached ADUs that are located on a lot that has an existing 188 multi-family dwelling shall be allowed on that multi-family lot, provided that the 189 number of ADUs does not exceed the number of existing units on the lot. Up to two 190 (2) detached ADUs are permitted on a lot with a proposed multifamily dwelling. 191 These detached ADUs are subject to a height limit of sixteen feet and four-foot rear 192 yard and side setbacks.
193 The property owner may submit an application for legalization of an unpermitted 194 ADU or JADU pursuant to this section. The City shall review the application for 195 compliance with Government Code section 66332, applicable building standards, and 196 any other objective standards adopted by the City that are consistent with State law. 197 (Ord. No. 853, § 2, 8-16-2018; Ord. No. 854, § 2, 8-20-2020) Yreka City Council Agenda
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CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: City Council
From: Andrew L. Jared, City Attorney
Subject: Discussion of Mobile Home Space Rent Stabilization Ordinance Date: December 2, 2025
RECOMMENDATION:
Provide direction to staff on future action.
INTRODUCTION:
A mobile home space rent stabilization ordinance (MHRSO) applies to mobile home residents who own a mobile home and rent the site (space) in a mobile home park on which a home is placed. An MHRSO does not affect rent charged for the interior of a mobile home (coach) or any apartment or other dwelling unit in the city being rented out.
In response to a request by residents of mobile home parks in the City, the City Council requested that staff present a draft MHRSO for Yreka. Attached is a version of an ordinance based on the ordinance adopted and in use in the City of Novato. Certain dates are highlighted and will need to be modified after further analysis by staff.
As discussed in further detail below, an MHRSO regulates rent increases for the mobile home space only – not the coach -- while at the same time providing park owners with reasonable returns on their investment in the park.
As there are unknown costs associated with managing an MHRSO, and other options besides an MHRSO, this item is presented for discussion at this meeting, not introduction and formal adoption of an MHRSO.
DISCUSSION:
California Mobile Home Residency Law
In response to the special situation of mobile home park residents (whose homes are, practically, immobile), California has adopted some Statewide laws which provide special protections for mobile home park residents (California Civil Code Chapter 2.5: The Mobilehome Residency Law (MRL)). The MRL regulates rental agreements for mobile home spaces, park rules and regulations, and sale of mobile homes. The MRL does not regulate rent stabilization and leaves that up to Yreka City Council Agenda
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local jurisdictions but addresses three aspects of mobile home residency that bear upon the issue of rent stabilization:
1. First, the MRL requires park management to provide residents at least 90 days’ notice before implementing a rent increase.
2. Second, the MRL limits the reasons the park owner may use to terminate a lease of a mobile home space or deny its renewal to seven specific reasons:
(1) failure to comply with local or State law or ordinances; (2) annoying conduct to other homeowners or residents; (3) conviction for prostitution; (4) failure to comply with reasonable park rules and regulations; (5) nonpayment of rent, utilities, or other reasonable charges; (6) condemnation of the park by a public agency or utility; and (7) change of use of park or portion thereof. Management is required to specify any rule broken and give the resident seven days to correct the rule violation. If not corrected, management can start an unlawful detainer action to evict the tenant from the space. In general, the resident has the choice to sell the mobile home “in place” or remove it from the park, although the latter is typically impractical as moving costs can exceed the value of the home and there may be no place to move it to.
3. Third, the MRL allows cities to regulate those spaces held out for rent before January 1, 1990 and exempts from rent stabilization spaces with certain long-term leases over 12 months and spaces where the mobile home is not the owner’s principal residence and the mobile home has not been rented out to another party (i.e., vacation homes). It is the City’s understanding the certain mobile home parks in Yreka began operating before 1990, and so it appears likely that most of the spaces in Yreka could be subject to rent regulation.
Investment in Residence
Mobile homeowners, unlike apartment tenants or residents of other rental units, are in the unique position of having made a substantial investment in a residence which is located on a rented or leased parcel of land (the mobile home park) either through acquisition of a mobile home from a prior owner or through purchase of a new mobile home which is then assembled on-site or delivered there by the vendor. The investment commonly includes the purchase of the mobile home (varying in price depending on the size and amenities, up to $150,000 or more) and/or the cost of installing the mobile home on its space and installing related improvements, such as a foundation, carports, and integrated landscaping (depending on the job and local contractor costs, often $20,000 or more). Alternatively, the investment consists of the purchase of an “in-place” mobile home (varying in price from $40,000 to $155,000 depending on size, space rent, condition, and location). The mobile home owner rents a space in a mobile home park upon which the mobile home is located. The investments of mobile home park residents can only be realized by continuing occupancy in the mobile home or by an “in-place” sale/transfer of the mobile home since:
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• Physical relocation of mobile homes is costly;
• Relocation within other mobile home parks is difficult because there are frequently no vacant spaces in mobile home parks;
• Park owners generally will not permit older mobile homes to be moved into their parks when they do have vacant spaces for rent; and • The supply of mobile home park spaces in California is either stable or declining. Mobile home park construction in urbanized areas of California virtually ceased by the early 1980s as alternative land uses became more profitable and land use policies continually tightened restrictions on the construction of new mobile home parks.
Given the substantial investment by mobile homeowners in the physical structure of the mobile home but the lack of mobility or alternative options to move that physical structure from an existing mobile home park, mobile home park owners have unequal power over mobile home owners to charge high/excessive space rent increases.
Space Rent
In addition to the substantial investment made by the mobile homeowner (i.e., often a chattel loan payment similar to a mortgage payment), rent must be paid for a space in a mobile home park. While space rent is required to continue occupancy, just like an apartment, overall affordability of the housing depends on rent, utility and service charges, and the cost of the loan on the mobile home itself. Due to the unique nature of the mobile home space tenancies, the amount paid for space rent has a direct correlation to the value of the mobile home.
As space rents increase, the mobile home will depreciate in value (loss in equity) while the land value appreciates (gain in equity). The general industry rule of thumb is that for every $10 per month space rent increase, $1,000 in mobile home equity is lost. This is a key rationale why, besides State law, local laws have been incorporated regulating the rate at which space rents can be increased. Without regulation, park owners can strip homeowners of the values of their homes, sometimes buying them and placing them in the rental market or reselling them.
Rent Stabilization in Other Jurisdictions
The MRL does not provide for rent stabilization regulations, but leaves it up to local jurisdictions with some limitations, as discussed earlier. Over time, approximately 100 jurisdictions (out of 483 cities and 58 counties) in California have adopted some type of rent stabilization for mobile home park spaces to protect mobilehome owners to preserve the affordable housing which parks provide.
Most mobile home rent stabilization regulations in California apply to space rent alone. If a tenant were to rent a mobile home from either a private owner or a mobile home park owner, rental of the mobile home itself would not be regulated.
Local rules usually apply to all mobile home spaces in a city or county with exceptions for mandatory exemptions under State law (e.g., spaces built after 1990 and spaces used for vacation homes are exempt).
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Typically, the rent stabilization ordinances tie annual allowable rent increases to the percentage increase in the Consumer Price Index (CPI). The MRL also does not regulate rent increases in case of an “in-place” sale of a mobile home. This allows mobile home park owners to reset the rent at market in case of an “inplace” sale/transfer (vacancy decontrol). Most local ordinances adopted some type of vacancy control and do not permit additional rent increases or alternatively limit rent increases to 10 percent or less when a mobile home is sold in place. This prevents a loss of affordable housing and reduces incentives to encourage homeowners to move away.
Under all ordinances, park owners are entitled to petition for additional rent increases in order to obtain a fair return on investment, as required by the federal Constitution.
Options for City Council Consideration
Per the Council request, a draft ordinance has been prepared for consideration.
Options other than an MHRSO that have been considered by other cities include the following:
• Developing a Memorandum of Understanding between park operators and tenants to voluntarily address space rent concerns and park operator costs;
• Establishing a rent conciliation service instead of a rent control ordinance to help resolve disputes between landlords and tenants; or • Allow residents to vote on adoption of an ordinance through the initiative process.
Staff is available to address further questions regarding these options, and bring back additional information at a future meeting.
FISCAL IMPACT:
There is an indetermined costs associated with staff time to set up and manage the programs addressed in the ordinance, including the hearing process.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation and review Council questions with staff;
2. Accept public comment; and
3. Provide direction to staff regarding further action
ATTACHMENTS:
Attachment 1 – Draft Rent Stabilization Ordinance
Yreka City Council Agenda
December 2, 2025
Title 5 BUSINESS REGULATIONS AND LICENSES
Chapter 5.30
Sections:
5.30.010 Definitions.
For the purpose of this chapter, the following terms and phrases shall be defined as follows:
a. "Capital improvements" shall have the same meaning as is ascribed to that term in the United States Internal Revenue Code. Ordinary maintenance and/or repairs which are deductible pursuant to 26 U.S.C. Section 167 of the Internal Revenue Code are not capital improvements. b. "Consumer Price Index" or "CPI" shall mean the Consumer Price Index for all urban consumers in the San Francisco/Oakland area published by the Bureau of Labor Statistics. c. [Intentionally left blank.]
d. "Housing service" shall mean a service provided by the owner related to the use or occupancy of a mobilehome space, which is not a capital improvement as that term is defined herein, including but not limited to, repairs, replacement, maintenance, painting, lighting, heat, water, laundry facilities, refuse removal, recreational facilities, parking, security service and employee services. e. "Maximum allowable rent" shall mean the maximum amount of rent permitted to be charged a tenant for a mobilehome space under this chapter.
f. "Mobilehome" shall mean a structure, designed for human habitation and for being moved on a street or highway under permit pursuant to California Vehicle Code Section 35790, as defined in California Civil Code Section 798.3 as it may be amended from time to time. g. "Mobilehome park" or "park" shall mean any area of land within the City of Yreka where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
h. "Mobilehome space" shall mean the site within a mobilehome park intended, designed or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith.
i. "Owner" shall mean the owner or operator of a mobilehome park or an agent or representative authorized to act on said owner's or operator's behalf in connection with the maintenance or operation of such park.
j. "Rent" shall mean the consideration paid for the right of use, possession and occupancy of property, including the right to the use of a space within a mobilehome park on which to locate, maintain, and occupy a mobilehome, site improvements, and accessory structures for human habitation, including the use of the services and facilities of the park.
k. "Rent increase" shall mean any increase in rent charged by an owner to a tenant including any reduction in housing services without a corresponding reduction in the amount demanded or paid for rent.
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l. "Rent stabilization administration fee" shall mean the fee established from time to time by resolution of the city council in accordance with the provisions of the chapter. m. "Service reduction" means a decrease or diminution in the basic service level provided by the park occurring at any time since January 1, 2024, including but not limited to services the park owner is required to provide pursuant to:
1. California Civil Code sections 1941.1 and 1941.2.
2. The Mobilehome Residency Law, California Civil Code section 798 et seq.
3. The Mobilehome Parks Act, California Health and Safety Code section 18200 et seq.
4. The owner's implied warranty of habitability.
5. An express or implied agreement between the owner and the tenant. n. "Tenancy" shall have the same meaning as is ascribed to that term in California Civil Code section 798.12.
o. "Tenant" shall mean "homeowner" as the latter term is defined in Civil Code section 798.9. p. "Tenant-to-be" shall mean a person who is not currently a mobilehome space tenant in a mobilehome park but is a prospective mobilehome space tenant who desires the use of a mobilehome space as defined in this chapter and has presented themselves to the owner as such.
5.30.020 Applicability/Exceptions.
a. Except as otherwise provided hereinafter, the provisions of this chapter apply only to mobilehome parks which contain mobilehome spaces as defined in this chapter and to the mobilehomes within such parks.
b. No rent increases shall be permitted with respect to any mobilehome space after the adoption of this chapter, except as authorized by this chapter or applicable law. c. The right to institute rent increases permitted hereunder is subject to compliance with the notice provisions of the California Civil Code. In the case of rent increases authorized pursuant to section
5.30.090(a), (b), said notice shall contain that information required by the hearing officer. d. No owner may increase rents in accordance with section 5.30.050 at any time when a park is delinquent in payments of the rent stabilization administration fee required pursuant to this chapter and/or is not in substantial compliance with other registration requirements and/or is not in compliance with any court order or the California Health and Safety Code. e. Except for rental agreements entered into on or after January 1, 2026, mobilehome spaces covered by a rental agreement meeting the requirements of Civil Code section 798.17(b) are exempt from those provisions of this chapter pertaining to maximum allowable rents. f. New construction (newly constructed spaces initially held out for rent after January 1, 2011) is exempt from this chapter pursuant to Civil Code Section 798.45. g. After securing budgetary authorization from the city council and conducting the studies and investigations it deems appropriate and necessary, the city council may promulgate rules and regulations under which parks may be exempted from this chapter 5.30; provided, however, that said rules and regulations shall not exempt parks or owners from this chapter 5.30 unless the mobilehome space rents charged by the owner are less than that which would otherwise be allowed under this chapter.
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h. Rent charged for the subletting of a mobilehome shall not be subject to this chapter.
5.30.030 Purpose and Intent.
There is presently within the city a shortage of spaces for the location of mobilehomes. Because of this shortage, there is and has been a low vacancy rate in mobilehome parks in the city, and prior to the adoption of rent control in the City of Yreka, rents were increasing at rates which were causing hardships on the tenants of the parks, many of whom were and are on fixed incomes. Because of the high cost of moving mobilehomes, the potential for damage resulting therefrom, the requirements relating to the installation of mobilehomes, including permits, landscaping and site preparation, the lack of alternative home sites for mobilehomes and the substantial investment of tenants in such mobilehomes, the park owners enjoy unequal economic power vis-a-vis the mobilehome owners, creating a situation where, without rent control, park owners possess unbridled discretion and ability to exploit park tenants. For these reasons, among others, the city council finds and declares it necessary to protect tenants' investments in their mobilehomes by preventing park owners from unreasonably raising rents, not only during the tenant's tenancy in the park, but upon the sale or transfer of the tenant's mobilehome to a tenant-to-be, and to provide new tenants with protections from excessive rents, while at the same time recognizing the right of a park owner to receive a fair return on their investment.
5.30.040 Base Rent.
a. Except as provided in this chapter, an owner shall not demand, accept or retain rent for a mobilehome space exceeding the base rent which was the rent in effect for that space on January 1, 2026. If a previously rented mobilehome space was not rented on January 1, 2026, the base rent shall not exceed the rent in effect during the last month the space was rented prior to January 1, 2026, except as provided in this chapter. b. On the date the ordinance which enacts this chapter becomes effective, each owner may demand, accept and retain rent for mobilehome spaces whose rents are controlled by this chapter in an amount equal to the base rent.
c. Within 90 days after the adoption of this chapter, each owner shall provide notice to each tenant, as required under law, of the rent that may be charged and collected pursuant to this chapter.
5.30.050 General Rent Adjustments.
a. Each January 1, commencing with January 1, 2027, and ending with January 1, 2032, an owner may increase the rent charged for a mobilehome space by 75 percent of the percentage increase in the CPI occurring over the 12-month period immediately preceding the September 1 which immediately precedes January 1 of the year in which the increase is permitted under this subsection5.30.050(a). Each January 1, commencing with January 1, 2033, an owner may increase the rent charged for a mobilehome space by 100 percent of the percentage increase in the CPI occurring over the 12-month period immediately preceding the September 1 which immediately precedes January 1 of the year in which the increase is permitted under this subsection
5.30.050(a) or four percent, whichever is lower.
b. Each January 1, commencing with January 1, 2027, and ending with January 1, 2033, each owner shall decrease the rent charged for a mobilehome space by 75 percent of the percentage decrease in the CPI occurring over the 12-month period immediately preceding the September 1 which immediately precedes January 1 of the year in which the decrease is required under this subsection. Each January 1, commencing with January 1, 2034, each owner shall decrease the rent charged for a mobilehome space by 100 percent of Yreka City Council Agenda
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the percentage decrease in the CPI occurring over the 12-month period immediately preceding the September 1 which immediately precedes January 1 of the year in which the decrease is required under this subsection.
c. Annually the city shall calculate, as soon as CPI information is available which reflects the change for the periods described in subsections (a) and (b) above, the increase or decrease permitted or required hereunder, as the case may be, and provide notice to the tenants and owners in a fashion determined by the city to be reasonable. Any such increase or decrease shall be noticed to take effect and shall take effect on January 1 immediately following the notice. Failure to timely notice an increase shall waive the owner's right to increase the rent for the year in question pursuant to this section 5.30.050. Failure to timely notice a decrease shall not affect the efficacy of said notice, but to the extent rents were not decreased effective January 1 because of the dilatory notice, the owner shall adjust the rents charged for the period of time following the effective date of the notice so as to provide the tenants the full benefit of one year's reduced rent.
5.30.060 Limitations on Rent Increases.
a. The increases allowed by the terms of this chapter shall be applied equally to all mobilehome spaces subject to an increase as provided herein.
b. The owner, in calculating the amount of increase allowed or decrease mandated under section 5.30.050, shall apply the percentage increase as allowed or decrease as mandated in section 5.30.050 ("General Rent Adjustment") to the maximum allowable rent permitted to be charged on the December 31 immediately preceding the January 1 on which the increase is allowed or the decrease is required to determine the actual dollar increase.
c. The calculations showing the amount of anticipated increase or decrease and how the increase or decrease was determined shall both be posted for public viewing in the office of the park manager or an area where it can easily be seen by the tenants and a copy forwarded to the city. The accuracy of representations memorialized in said calculations shall be executed under penalty of perjury.
5.30.070 Pass Throughs.
a. Charges authorized by Civil Code Sections 798.41 and 798.49 to be separately charged to a tenant shall not be considered part of the rent controlled hereunder and shall be governed by the provisions of those code sections.
5.30.080 Vacancy Control.
a. No increase in rent shall be authorized by virtue of a change in occupancy of a mobilehome. For purposes of this subsection, "change in occupancy" shall include (i) any sale, transfer (by foreclosure, operation of law or otherwise), or other change in ownership of the mobilehome, any termination of the tenancy of the persons who are tenants of the mobilehome space by lawful eviction or voluntary vacancy or voluntary removal of the mobilehome (a removal of the mobilehome from the mobilehome space for the purpose of performing rehabilitation or capital improvements to the space or for the purpose of repairing or upgrading the mobilehome shall constitute a voluntary removal or vacancy), or any sublease by the tenant to a third party of the mobilehome or mobilehome space, and/or (ii) a change in the number or identity of the occupants of a mobilehome.
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b. Notwithstanding subsection (a) to the contrary, an owner shall be permitted to charge a new base rent for a mobilehome space whenever a lawful space vacancy occurs. For purposes of this section, a lawful space vacancy is defined to mean as follows:
1. A vacancy of the mobilehome space occurring because of the termination of the tenancy of the affected mobilehome tenant in accordance with the Mobilehome Residency Law, California Civil Code Sections 798.55 through 798.60, as amended; or
2. A vacancy of the mobilehome space arising from the voluntary removal of a mobilehome from the mobilehome space by the affected mobilehome tenant. A removal of the mobilehome from the space for the purpose of performing rehabilitation or capital improvements to the space or for the purpose of upgrading the mobilehome or purchasing a new, substitute mobilehome for occupancy by the same tenant shall not constitute a voluntary removal of the mobilehome. A removal of the mobilehome from the space for the purpose of performing repair and/or improvement to the space and/or for the purpose of repairing, maintaining or replacing the mobilehome due to the damage thereof shall not constitute a voluntary removal of the mobilehome.
c. When a new base rent is established following the vacancy of a mobilehome space pursuant to subsection (b), the owner shall give written notice to the new affected mobilehome tenant that the space rent may be subject to stabilized rent increases pursuant to the provisions of this chapter.
5.30.090 Individual Adjustments.
a. Application for Individual Adjustment.
1. Fair Return Petition. In the event a park owner contends that the general rent adjustment as provided in section 5.30.050, and the pass throughs provided in section 5.30.070 do not result in a just and reasonable return to the park owner, the park owner may file a petition for a hearing to determine the maximum allowable rent that will provide the owner a fair and reasonable return. Only one individual adjustment petition can be filed within a calendar year, unless the owner can establish "exceptional circumstances." For purposes of this subsection, "exceptional circumstances" shall mean that the inability of an owner to file more than one individual rent adjustment petition within said calendar year will immediately result in that owner being denied a fair and reasonable return without possibility that the adjustment which would otherwise have been sought could be sought and granted by way of a future rent adjustment petition otherwise permitted hereunder.
2. Fair Return Petition. The park owner shall complete and file with the city a petition containing the following information and supported by the following documentation, or otherwise permitted by law for that purpose. All financial data shall be shown in spreadsheet format (in Excel, or comparable computer generated format) and hard copy format. The petition must be signed under penalty of perjury attesting that the petition and its attachments accurately and completely reflect and show all (i) the individual items of costs and expenses incurred and (ii) the sources of all income received during the relevant period of time. The petition must be accompanied by payment of the fee set for this purpose by council resolution. Within 30 days of the city receiving the petition, the city shall determine if the petition is complete such that it provides the necessary information and otherwise complies with this subsection and within that 30-day period, the city shall mail to the owner the city's determination of completeness.
Said petition shall contain the following information and be supported by the following documentation:
(a) The name and address of the owner and the park.
(b) The number of mobilehome spaces in the owner's park.
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(c) The number of mobilehome spaces occupied by a mobilehome, recreational vehicle or other vehicle or structure and the nature of the vehicle or structure which occupies each said space. (d) The number and space identification of mobilehome spaces which the owner considers exempt from this chapter and the reasons why said exemption applies to each said space. (e) The number and space identification of the mobilehome spaces for which the owner seeks an individual rent adjustment.
(f) The amount of desired rent adjustment for each said space. (g) The amount of monthly rent charged for each mobilehome space in the park for each month in 2024 and for each of the 12 months immediately preceding the date upon which the petition is filed.
(h) The park's NOI (as defined below) for the base year, and the 12 months upon which the petition is based (the "petition year"). A "petition year" shall be from January 1 through December 31 of the relevant calendar year upon which a petition for an individual rent adjustment may be based. (i) A detailed itemization of all operating expenses and gross income upon which the base year NOI and the petition year NOI are based, including but not limited to: (1) an itemization of each amount billed or refunded to each tenant by space by month (e.g., the amounts billed for base rent, any NOI adjustments, the amount charged for the general adjustment under section
5.30.050, capital pass throughs, refunds and rebates); and (2) a description of the amount of income derived from the adjustments made to the rent by the owner pursuant to section
5.30.050 (general adjustment) and section 5.30.090 (individual petition) and how those amounts affect the petitioned-for adjustment.
(j) A detailed explanation of how each of the NOI's described in subsection (a)(2)(h) was calculated and determined.
(k) If the owner seeks an adjustment in the base year NOI pursuant to section 5.30.120(a)(2), a detailed explanation supporting said adjustment, supported by written or other reliable evidence.
(l) A statement stating whether the owner's rent adjustment is based on the presumption specified in section 5.30.120(a)(4), and, if not, a detailed statement describing the fair return standard, formula or criteria under which the owner believes its petition should be considered and why, based on that standard, formula or criteria, the rent adjustment which the owner seeks is justified.
(m) All petitions and the relief which they seek shall be supported by credible, complete and authenticated documents and writings, necessary to discharge the owner's burden of proof, where available and helpful to the hearing officer's decision-making. (n) In the event the owner has also sought tenants' consent pursuant to subsection (c), the owner shall state the amount of the rent increases for which said consent was sought and attach a copy of the notice, form of consent and documentation which was submitted to the tenants pursuant to subsection (c).
(o) In the event that the owner desires that the rent increase petitioned for become effective at the same time that a rent increase previously granted pursuant to this section is in effect, the owner shall state the approximate date or event upon which the owner desires the petitioned-for rent increase to become effective and the reasons therefor. The owner shall provide all the documentation necessary to support such a request. Unless such a request is made, it will be conclusively presumed that the rent increase sought by the petition shall take effect no earlier Yreka City Council Agenda
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than after the date upon which any and all rent increases previously granted pursuant to this section have expired.
At the time that an owner files an individual rent adjustment petition with the city, the owner shall also deliver to each tenant of a mobilehome space affected by the petition a copy of the petition. However, the documents and writings which support said petition need not be copied to each said tenant but ten copies thereof must be made available for inspection and copying by the tenants (at the tenants' expense) during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, at some convenient place in the park, which said place must be noticed to the affected tenants at the time the copy of the petition is delivered to them.
3. Fair Return Petition. An application for an individual rent adjustment must be filed within six months after the end of the petition year upon which the application is based. Failure to make a timely application for an individual rent adjustment within six months after the end of any given petition year shall preclude the owner from seeking or obtaining any rent adjustment based on the income earned and/or expenses incurred by the owner during that petition year. Upon petition and for good cause shown, the hearing officer may grant extensions of said six-month period not to exceed an additional four months. Notwithstanding the foregoing, an individual rent adjustment application based upon the 2026 petition year may be filed no later than October 1, 2027.
4. Capital Improvement Petition. The owner may apply for an individual rent adjustment based solely on beneficial capital improvements, as defined herein below. Said application may seek approval of such an adjustment prior to or after the improvement is completed and paid for. However, if the application is submitted and approved prior to the completion of the improvement, any rent adjustment based on said improvement may not exceed the amount of adjustment approved by the hearing officer, and, if the actual costs of the improvement are less than that accepted and found by the hearing officer and upon which the hearing officer's decision adjusting rents was based, the rent adjustment shall be reduced by the owner accordingly.
(a) An owner who seeks an individual adjustment in rent for beneficial capital improvements shall submit a separate petition therefor. In the event that an owner petitions for an individual rent adjustment pursuant to subsection (a)(1) based on income and expenses earned and incurred, respectively, for a given calendar year, then any petition filed under subsection (a)(4) based upon beneficial capital improvements substantially completed during the same calendar year must be filed along with said subsection (a)(1) petition. If said petitions are filed together, they shall be heard and resolved together; provided, however, that the capital improvement cost petition shall be heard first; and, provided further, that if any proposed capital improvement cost is determined by the hearing officer to be an item of maintenance or repair or other operating expense, it shall be included in the subsection (a)(1) petition and should any cost item included in the subsection (a)(1) petition be determined by the hearing officer to be a capital improvement cost, it shall be included in the capital improvement cost petition filed pursuant to subsection (a)(4). If an owner applies for an individual rent adjustment pursuant to this subsection (4) unaccompanied by an application pursuant to subsection (a)(1), then the application submitted pursuant to this subsection (4) shall be the only application the owner may be permitted to file under this section within the calendar year described in subsection (a)(1), unless the owner can establish "exceptional circumstances" as defined in subsection (a)(1). If an owner applies for an individual rent adjustment pursuant to this subsection (4) unaccompanied by an application pursuant to subsection (a)(1) and the hearing officer determines that some or all of the capital improvements upon which said subsection (4) petition was based do not constitute capital improvements as defined herein, but instead, are items of expense and income which could have been the basis of an individual rent adjustment petition pursuant to subsection (a)(1), the owner shall have 60 days from the date the hearing officer renders said decision within which to file a Yreka City Council Agenda
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petition under subsection (a)(1) based upon said items of income and expense. The owner shall pay the appropriate fee for the filing and processing of said petition(s). (b) Except in emergencies, and notwithstanding anything to the contrary stated above, in the event that an owner wishes to petition for an individual rent adjustment based upon beneficial capital improvement costs, prior to filing said petition the owner must take the following steps:
(1) At least 30 days prior to: (i) the commencement of the construction or installation of the improvement (in those cases where the owner intends to petition for the adjustment after completion of the improvement); or (ii) filing the petition (in those cases where the owner intends to petition for the adjustment prior to the commencement of constructing or installing the improvement), as the case may be, provide written notice to each tenant that the owner intends to petition for a rent adjustment based on said capital improvement. (2) The notice shall include a description of the capital improvement, any reserves being used for same, the estimated cost of the improvement, an explanation as to how and why the improvement qualifies under this chapter for adjusting rents, when the improvement is likely to be completed, how much the tenant's rent will be adjusted by virtue of the improvement's cost, how long the adjustment will be in effect and the other matters specified in subsection (a)(4)(e), below.
(3) The notice shall also include a date, time and place where the owner shall meet with the tenants to discuss the notice and the proposed capital improvement and rent adjustment based thereon. The date and time of the meeting shall be convenient to the tenants and shall occur within said 30-day period, but no earlier than 14 days after the notice is delivered to the tenants. The notice may also solicit the consent of each affected tenant to the adjustment, and if so the notice shall contain the information and the owner shall comply with the provisions of subsection (c). If the owner invokes the procedures specified in subsection (c), the meeting specified herein shall be set before the tenants are required to submit their consents described in subsection (c)(5). The meeting place shall be located on the mobilehome park. The owner shall bring to the meeting any and all documents and other tangible evidence supporting the rationale for the capital improvement and its cost.
The sole purpose of said notice and meeting shall be to inform the tenants of the matters described above and for the owner to receive comments from the tenants respecting same. (c) Amortized costs of beneficial capital improvements exceeding existing reserves for replacement, plus a reasonable return (i.e., interest) thereon, shall be considered part of the rent, and at the option of the owner, may form the basis of an individual rent adjustment pursuant to subsection (a)(4), on a pro-rata basis based on the number of mobilehome spaces in the park. In the event the petition for a rent adjustment pursuant to subsection (a)(4) is granted in its entirety, the hearing officer shall include in their award the costs the owner incurred in filing and prosecuting the petition, including fees paid to the City, fees paid to consultants and experts in connection with the petition and amounts paid to reimburse the hearing officer, but excluding owner's attorneys' fees incurred in connection with filing and prosecuting the petition (collectively, "petition expenses"). Said petition expenses, together with an appropriate rate of interest, shall be amortized for the longest amortization period applicable to the improvements upon which the petition was brought and collected as rent. In the event the petition for a rent adjustment pursuant to subsection (a)(4) is only partially granted, the hearing officer shall include in their award a portion of the owner's petition expenses in an amount left to the sound discretion of the hearing officer. Such capital improvement costs, petition expenses and return, if the basis for a rent adjustment pursuant to subsection (a)(4), shall not constitute a factor to be considered in determining fair return under subsections 5.30.090(a)(1) and 5.30.120, below (the individual rent Yreka City Council Agenda
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adjustment), nor shall they be considered part of the rent base upon which future rent increases can be made in accordance with section 5.30.050 (the "general rent adjustment"). That portion of the rent which is charged to cover said amortized capital improvement costs, petition expenses and return thereon, shall be separately stated on the monthly rental statement, along with the date when said charge shall be omitted from the statement and no longer billed to the tenant.
(d) For purposes of this chapter, "beneficial capital improvements" shall generally mean a capital improvement required to assure that the common facilities and areas of the park are decent, safe, and sanitary or to assure the continuation of the existing level of park amenities and services:
(1) Distinguished from ordinary repair or maintenance;
(2) For the primary benefit, use, and enjoyment of the tenants; (3) Not coin-operated nor one for which a "use fee" or other charge is imposed on tenants for its use;
(4) Amortized on a straight-line basis and charged to the tenant over the remaining useful life of the improvement (the remaining useful life of the improvement shall be determined in accordance with applicable or the most applicable IRS rules and regulations); (5) Not maintenance of the infrastructure of gas or electrical lines or facilities within the mobilehome park for which the public utility has permitted the owner a special premium with the intent that it be used to replace or otherwise maintain the system within the mobilehome park; and
(6) Notwithstanding the foregoing, shall include alterations to structures required by governmental officials or mandated by applicable building codes. (e) An application for an individual rent adjustment based on beneficial capital improvement costs shall include the following:
(1) A description of the nature of the improvement;
(2) An explanation as to why it falls within the category of a beneficial capital improvement; (3) An explanation showing why the improvement meets all of the criteria set forth in subsection (a)(4)(d);
(4) Why the improvement was necessary at the time it was effected or is proposed to be effected;
(5) Whether there are any capital reserves and/or insurance proceeds which are being used to pay for the improvement, and, if so, what amount is being so used; (6) A statement of the depreciation schedule upon which the owner is basing their monthly rental increase and the longevity of that increase; and the rationale for selecting that schedule;
(7) An explanation as to why the improvement was not implemented previously and whether the costs of the improvement have been affected by the owner's delay in implementing the improvement at an earlier time; and
(8) A detailed itemization of all the costs incurred or estimated to be incurred in completing the improvement and copies of all invoices and canceled checks, or other evidence, if any, showing payment thereof.
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(f) In the event that the capital improvement cost is necessitated as a result of an accident, disaster or other event for which the park owner received insurance benefits, only those capital improvement costs otherwise allowable exceeding the insurance benefits may be calculated as part of the permitted rent adjustment.
(g) Any petition or application for a rent adjustment brought pursuant to subsection (4) and applicable to a completed beneficial capital improvement must be filed no later than six months after the end of the calendar year in which the improvement was substantially completed. Failure to timely apply under subsection (4) for a rent adjustment based upon a beneficial capital improvement shall prevent the owner from applying for a rent adjustment under subsection (4) based on that improvement. Upon petition and for good cause shown, the hearing officer may grant extensions of said six-month period not to exceed an additional four months.
Notwithstanding anything stated to the contrary in this subsection (4)(g), an owner may petition for an individual rent adjustment based on capital improvement costs incurred during two, consecutive calendar years as long as: (a) the aggregate costs of said improvements do not exceed fifty thousand ($50,000) dollars; (b) the petition is filed within six months after the end of the second calendar year; and (c) if a subsection5.30.090(a)(1) petition is filed during said sixmonth period, then the capital improvement petition described in this sentence must accompany said subsection 5.30.090(a)(1) petition.
(h) All financial data supporting a petition filed under subsection (a)(4) shall be shown in spreadsheet format (in Excel, or comparable computer generated format) and hard copy format. The petition must be signed under penalty of perjury attesting that the petition and its attachments accurately and completely reflect and show all the information set forth in subsection (a)(4)(e).
The petition must be accompanied by payment of the fee set for this purpose by council resolution. Within 30 days of the city receiving the petition, the city shall determine if the petition is complete such that it provides the necessary information and otherwise complies with this subsection and within that 30-day period, the city shall mail to the owner the city's determination of completeness.
5. Capital Improvement Petition. At least annually, and preferably at the same time that the owner notifies the tenants of the annual adjustment in rents permitted pursuant to section 5.30.050, the owner shall deliver to each tenant a written description of the owner's estimate of the nature and cost of proposed and/or anticipated beneficial capital improvements to be completed over the next, succeeding five calendar years. The description shall be prepared in good faith. The purpose of this section is to provide information to tenants. The capital improvements specified in the plan described herein shall not be binding upon the owner.
b. Hearing Officer.
1. The city shall appoint an administrative hearing officer to hear any individual adjustment petition. The following procedure shall be used in making said appointment:
(a) The city shall solicit applications for the position of hearing officer. From those who submit applications, the city manager or theirtheir designee shall appoint the persons to the hearing officer position. There shall be no limit to the number of appointments, and as appointees resign or as additional persons make application for the position, the city staff may supplement the eligible list of hearing officers.
(b) From the list of eligible and appointed hearing officers, the city staff shall select, on a rotating basis to the extent practicable, the one hearing officer to hear and decide each individual adjustment petition or complaint, as the case may be.
(c) The city may consider the following criteria in selecting the hearing officer.
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(1) Expertise in rental disputes and issues.
(2) Legal experience.
(3) Business and professional experience.
(4) Education and training in dispute resolution.
(5) The fee requested by the nominee.
2. The hearing officer shall have no conflict of interest.
3. Except as provided in subsections 5.30.090(a)(4)(c) and 5.30.090(d)(2)(a), petitioner shall bear the cost of the hearing officer. After receipt of a petition or complaint, the city shall notify the petitioner or complainant (collectively referred to herein as "petitioner") of the city's selection of the hearing officer, the estimated costs of the hearing officer and the hearing and, if applicable, request payment for said costs. Within ten business days of the city's mailing notice of the selected hearing officer and requesting payment of the estimated costs, the petitioner shall deliver payment of the hearing officer's and hearing's estimated costs to the city. After notice to the petitioner, failure to timely pay the hearing's estimated costs shall be deemed a withdrawal of the petition or complaint. In the event that the actual costs of the hearing exceed the estimated costs, the petitioner shall, within ten days after receipt of notice to do so, shall pay the difference to the city. If the petitioner is an owner, failure to pay the hearing officer's final fee bill shall preclude the owner from implementing any and all future general adjustment rent increases provided under section 5.30.050 until said bill is fully paid. If the petitioner or complainant is a tenant, failure to pay the hearing officer's final fee bill shall delay implementing any and all relief, including reductions in rent, awarded to the tenant until said bill is fully paid.
(a) Except as provided in subsections 5.30.090(a)(4)(c) and 5.30.090(d)(2)(a), the petitioner or complainant shall bear the entire cost of the hearing officer and the hearing. c. Tenant Approval of Rent Increase Avoids Hearing Process.
1. This subsection shall only apply to proposed rent increases other than those authorized under section
5.30.050 (General Rent Adjustments) or section 5.30.070 (Pass Throughs).
2. In the event that an owner wishes to increase rents the owner may follow the procedures set forth in this subsection instead of or in addition to those specified in the balance of this section; provided, however, that no rent increase sought to be imposed pursuant to this subsection (c) shall be effective unless and until subsection (c)(4), below, has been timely complied with.
3. Any owner desiring to increase rents pursuant to this subsection (c) shall deliver to each tenant whose rent the owner proposes to increase a notice containing the following information: (i) the amount of the monthly rent increase; (ii) a detailed statement explaining the justification for the increase; (iii) whether the rent increase will be permanent or temporary, and if the latter, the date upon which the increase will cease; and (iv) the date the owner proposes to make the increase effective. The owner shall also provide to each affected tenant copies of all unprivileged writings which support the proposed increase in rent. The notice shall also disclose to the tenants that the owner is seeking a rent increase pursuant to this subsection (c), attach a copy of this subsection (c) to the notice and include with the notice the consent form described in subsection (c)(5), below.
4. If, within 21 days after said notice of the proposed rent increase is last served on the tenants, the park owner files with the city a writing or writings (the "consent"), signed by at least a majority of the tenants in the park who are subject to rent control and affected by the proposed rent increase consenting to the rent increase, the rent increase may take place after the owner has given notice pursuant to state law.
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5. For purposes of subsection (c), each mobilehome space shall be counted as one vote for determining whether the percentage specified in subsection (c)(4), above, has been met. Notwithstanding anything to the contrary stated above, in the event that a mobilehome space is vacant, that space shall not be counted for purposes of this subsection (c); and provided further, that in the event that a mobilehome space is occupied with a mobilehome but the mobilehome is unoccupied at the time that the notice described in subsection (c)(3), above, is distributed to the tenants, the park owner shall be obligated to exercise good faith and due diligence in locating the occupant of the mobilehome and providing them the required written notice within the said 21-day period. If the owner has timely exercised good faith and due diligence in notifying said absent occupant and securing said absent occupant's consent but said absent occupant cannot be located or is not notified as required hereunder, then said occupant's mobilehome space shall not be counted for purposes of this subsection (c). The consent shall contain the following: (i) a statement that the signing tenant agrees to the rent increase described in the consent; (ii) the amount of the increase; (iii) the reason for the increase; (iv) when the increase is proposed to take effect; and (v) when the increase will be discontinued, if at all.
6. In the event a majority of the tenants do not, in writing, timely consent to said proposed rent increase, the owner shall be required to apply for an individual rent adjustment pursuant to this section 5.30.090 before any rent increase covered by the notice described in subsection (c)(3) is permitted or becomes effective.
d. Tenant Initiated Improvement Request.
1. The designated tenant representative ("DTR") (defined below) may, in writing, request the owner to effect, install or construct an improvement of any kind. However, prior to making such a request, the DTR shall provide written notice to all the tenants whose space rents are regulated by this chapter soliciting their approval of the proposed improvement. The notice shall include a description of the improvement and its location, the estimated cost of the improvement, the estimated time of its completion, the period of time over which the improvement will be amortized, the interest rate to be applied to the estimated cost, the amount of rent increase proposed to cover these costs and the period of time during which the increase will be in effect ("request notice"). The request notice shall specify a deadline by when the tenants must respond to the DTR (no less than 30 calendar days from the request notice's delivery to the tenants) and how the tenants' responses are to be delivered to the DTR.
(a) In the event less than a majority respond in favor of the proposal, then the DTR shall not request the owner to make the improvement; and the DTR shall not solicit approval from the tenants for the same improvement for at least one year thereafter.
(b) In the event that a majority of the tenants respond in favor of the proposal, then the DTR shall submit the proposal to the owner and the owner shall consider the proposal in good faith.
2. If the owner and DTR are able to reach an agreement on the nature, timing, cost and rent increases involved in effecting the improvement requested by the DTR, that agreement ("DTR/owner agreement") shall be memorialized in some written form, and signed by the owner and DTR. That agreement shall not be significantly different from the terms and conditions specified in the request notice. The DTR shall then deliver a copy of that agreement to the tenants whose space rents are regulated by this chapter, accompanied by a notice advising the tenants that they have 30 calendar days within which to object and deliver to the DTR, in writing or by email, their objection to the agreement's terms and conditions. If no tenant timely objects to the improvements, the owner may commence installation or construction of the improvement and shall be entitled to adjust the rents charged to the tenants in accordance with the agreement. (a) If a tenant timely delivers objections to the agreement and installation/construction of the improvement, s/he must do so in writing delivered to the city manager, with copies delivered to Yreka City Council Agenda
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the DTR and the owner within the 30-day period specified in subsection (d)(2). Said objection must explain in detail the reasons for the objection and request a hearing pursuant to section
5.30.100. Said hearing shall be governed by sections 5.30.090 and 5.30.100; provided, however, that the prevailing party shall be entitled to an award of costs and attorneys' fees incurred in connection with the hearing.
3. Any rent increase agreed to by the tenants, DTR and the owner pursuant to this subsection 5.30.090 shall be treated in the same fashion as the rent increases described in subsection 5.30.090(a)(4)(c). In the event that the actual cost of the improvement exceeds the estimate specified in the DTR/owner agreement, the owner shall absorb the difference. In the event that the actual cost of the improvement is less than the estimate specified in the DTR/owner agreement, the rent increase shall be reduced to reflect the actual, lower costs, plus interest.
5.30.100 Hearing Procedures.
a. Hearing Officer's Authority.
At rent adjustment hearings or complaint hearings, the hearing officer(s) shall have the right to:
1. Administer oaths and affirmations.
2. With the written concurrence of the owner and affected tenants, cause inspections to be made of the mobilehome park for which a rent adjustment is sought.
3. Rule on offers of proof and receive relevant evidence.
4. Control the course of the hearing.
5. Rule on procedural requests.
6. Render decisions on applications for individual rent adjustments and complaints.
7. Take other action authorized by this chapter and/or the rules and regulations adopted by the city. b. Notice of Hearing.
At least 14 days prior to the hearing, notice shall be delivered in person or by mail to the parties advising the parties of the date of the hearing. The hearing officer, at the request of any party, may schedule a pre-hearing conference with the parties and/or their representatives in order to discuss the issues to be resolved at the hearing, require the submission of documents before the hearing, encourage stipulations by the parties on uncontested facts, discuss proposed witnesses and, if the parties so request, attempt to arrive at a mutually acceptable, voluntary agreement resolving all issues raised in the petition or complaint. The hearing officer may ratify the parties' voluntary agreement and adopt it and make it a final decision of the hearing officer. The city shall not subsequently accept a petition or complaint involving the same parties (or similarly situated parties who were sent notice of the petition or complaint and the hearing and/or conference, as the case may be) and based upon substantially the same facts which form the basis of the petition or complaint which resulted in the voluntary agreement. In the event that such an agreement is not reached, among other things, the pre-hearing conference will have as its purposes the determination of a hearing date and the nature of the evidence, if any, required to be submitted and provided by any party to the proceedings. The costs of the pre-hearing conference, including the hearing officer's fee, shall be paid by the party required to pay for the hearing officer and other hearing costs pursuant to section 5.30.090(b)(3).
c. Conduct of Hearing.
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The hearing on a petition for individual rent adjustment or complaint shall be conducted in a manner deemed most suitable to insure fundamental fairness to all parties concerned, and with a view toward securing all relevant information and material necessary to render a decision without unnecessary delay. d. Evidence Rules.
The hearing need not be conducted according to technical rules of evidence. Any relevant evidence shall be considered if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Unduly repetitious or irrelevant evidence shall be excluded upon order by the hearing officer. Oral evidence shall be taken only on oath. e. Order of Proceedings.
The hearing on an application for individual rent adjustment shall ordinarily proceed in the following order:
1. Presentation by or on behalf of petitioner, including calling any witnesses on behalf of the petitioner.
2. Presentation by or on behalf of opponents to the petition, including calling any witnesses on behalf of the opponents.
3. Rebuttal by petitioner.
4. Sur-rebuttal.
f. Speaker's Presentation.
Each speaker's presentation shall be to the point and shall be as brief as possible; visual and other materials may be used as appropriate. The hearing officer may establish reasonable time limits for presentations, which time limits will be made known prior to any hearing.
g. Right of Assistance.
All parties to a hearing may have assistance in presenting evidence and developing their positions from attorneys, legal workers, tenant organization representatives, owner association representatives, or any other persons designated by said parties.
h. Hearing Record.
The hearing officer(s) shall keep on file an official record, which shall constitute the exclusive record for decision. Hearings shall be audiotaped. Said tapes shall be preserved by the city as part of the record of proceedings.
i. Decision.
1. No individual rent adjustment shall be granted unless supported by the preponderance of the evidence submitted at the hearing. The hearing officer shall have the authority to deny a petition for an individual rent adjustment consistent with this chapter and applicable law.
2. After reviewing the record and any additional evidence requested of the parties which has been provided, the hearing officer shall determine the amount of allowable rental increase, if any, in accordance with the standards of section 5.30.120, and the increase, if any, shall be effective after the owner gives the tenants notice as is required under law. Except for adjustments granted pursuant to section 5.30.090(a)(4) and adjustments which, based on specific findings (supported by a preponderance of the evidence) made by the hearing officer that expenses have a strong likelihood of remaining the same or increasing for the indefinite future, the hearing officer determines to be permanent, any individual rent adjustment granted hereunder shall be in effect for only one year after the increase (after due noticing) becomes effective. Notwithstanding anything to the contrary stated herein above, unless expressly permitted by the decision of the hearing officer and only to the extent Yreka City Council Agenda
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permitted by the hearing officer, any rent increase granted by the hearing officer pursuant to section
5.30.090 (the "subsequent rent increase") shall, at the time that it becomes effective (after due notice to the tenants) be reduced by the amount of any rent increase previously granted pursuant to section
5.30.090 ("first rent increase") which is still in effect at the time the subsequent rent increase becomes effective. Said reduction shall remain in effect only for so long as the first rent increase is in effect. The decision shall specify the earliest date or event upon which any rent increase granted by the decision may become effective and the reductions, rebates or offsets which apply to such rent increase.
3. Unless otherwise agreed to by the petitioner or for good cause shown, the hearing officer shall render a written decision within 120 days after the date the petition is determined complete by the city, supported by findings of fact and conclusions of law.
4. The hearing officer's decision shall notify the parties to the hearing of their rights under California Code of Civil Procedure section 1094.6. The decision of the hearing officer shall be mailed to the owner and all affected tenants, certified, return receipt requested. j. Challenge to Decision.
The decision of the hearing officer rendered in accordance with this section shall be final and binding upon the owner and all affected tenants; provided, however, that within 30 days after the hearing officer's decision is mailed pursuant to subsection (i)(4), the owner and/or the affected tenants may, in writing, request that the hearing officer rehear the matter. The request shall contain all of the reasons and evidence supporting the request and be accompanied by a fee equal to two times the daily fee established by council resolution for hearing officers.
Within 10 days of receiving said request, the hearing officer shall render a written decision granting or denying the request. If the rehearing request is denied, the original decision of the hearing officer, modified by the hearing officer's decision denying the rehearing request, shall be final and binding upon the parties and shall be deemed decided upon the date of the hearing officer's mailing of the denial of the rehearing request. If the request for rehearing is granted, the hearing officer shall schedule a new hearing on the matter, and the party seeking the rehearing shall bear and pay for all costs of the rehearing in the same manner and under the same rules applicable to the initiation of a hearing under this section 5.30.010. No further requests for rehearing shall be entertained after one such request has been granted or denied with respect to the matter in controversy. The party seeking rehearing shall bear and pay for all of the hearing officer's and rehearing costs. The final decision of the hearing officer shall be subject to the provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6.
5.30.110 Settlement Procedures.
a. At least ten days prior to the date of the hearing noticed pursuant to subsection 5.30.010(b), the petitioning tenant, the designated tenant representative and/or the owner, as the case may be, may submit a written offer to the other party to settle the claims or requests made in the petition and to allow a decision or award to be made in accordance with the terms and conditions stated in the offer. The written offer shall include a statement of the offer, containing the terms and conditions of the award or decision which the offering party is willing to accept, and a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer is accepted. At the same time that the offering party submits its offer to the other party, the offering party shall also file a copy of the written settlement offer with the city clerk in a separately sealed envelope, with a statement on the outside of the envelope identifying the offeror and stating that it is a written settlement offer submitted pursuant to this section. Any acceptance of the offer must be in writing and shall be signed by the counsel for the accepting party or, if not represented by counsel, by the accepting party (under this chapter, either the petitioning tenant, the owner or the designated tenant representative).
b. If the offer is accepted, the parties shall notify the city manager and the hearing officer and the hearing officer shall enter the accepted offer as the final decision of the hearing officer respecting the petition.
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c. If the offer is not accepted prior to the hearing date or within seven calendar days after the offer's receipt by the opposing party, whichever occurs first, it shall be deemed withdrawn and cannot be given in or considered as evidence in the hearing. Said hearing date and said seven-day period may be continued and enlarged, respectively, upon written stipulation of the parties, subject to the hearing officer's approval. Any such continuance or enlargement shall not be counted against the 120-day period specified in subsection
5.30.010(i)(3).
d. The sealed copy of the written settlement offer that is so filed with the city is not to be opened by the city until it is either timely accepted by the opposing party or, if it is not timely accepted by the opposing party and deemed withdrawn, the offer shall be opened after the hearing officer has rendered a final decision on the petition.
e. If an offer made pursuant to this section is not accepted and the rejecting party fails to obtain a more favorable award or decision, the rejecting party shall not recover his or her post-offer legal expenses and shall pay the legal expenses incurred by the offering party from the time of the offer. If competing offers to settle are timely submitted but have not been timely accepted, the hearing officer shall determine which party has failed to obtain a more favorable decision or award and assign responsibility for the payment of legal expenses accordingly.
f. That assignment of responsibility shall be memorialized in a "notice of assignment of legal expense liability" ("legal expense notice") and mailed and emailed to the parties and the DTR within seven days after the hearing officer has issued their their final decision on the petition. Within seven days of theirtheir receipt of the legal expense notice, the parties shall submit written requests for the awarding of and an accounting of their legal expenses and serve those requests on the hearing officer, and all parties by regular mail and electronic mail. Said requests shall include detailed records of fee billings, time records and supporting declarations executed under penalty of perjury. Within seven days of receiving the requests, opposing parties may file objections to those requests and serve said oppositions in the same fashion as the original requests were served. Within seven days of the date that oppositions are served or within seven days of the deadline for the filing of oppositions, if none is submitted, the hearing officer shall submit a proposed supplemental decision stating the amount of legal expenses each party is required to pay and the reasons therefor.
1. When issued by the hearing officer, said supplemental decision shall become final in seven days after the proposed decision, unless either party requests an evidentiary hearing within said seven days, in which case a final decision shall be made within seven days after the hearing is concluded. Scheduling of the hearing shall be left to the sound discretion of the hearing officer. For purposes of any challenge to the hearing officer's decisions, the hearing officer's decision shall become final upon the mailing, with proofs of service, to all parties of (a) the hearing officer's final decision on the merits of the petition, or (b) the hearing officer's final decision on the awarding of any legal expenses, whichever occurs last. The 120 day time period specified in subsection 5.30.010(i)(3) shall not apply to the supplemental decision described herein.
2. In his or her discretion, the hearing officer may reduce or offset from any award made in favor of the petitioner on the petition the amount of legal expenses that petitioner may be required to pay to another party as a result of the operative effect of this section. g. Subject to subsection (f)(2) of this section, any award of legal expenses that is made against a party as a result of the operation of this section shall be separated out and invoiced by the park owner separately from any NOI rent increase award, beneficial capital improvement rent increase award, or reduction in services award as a separate, limited time pass-through. Such legal expenses shall be amortized and recovered in equal monthly payments over a five-year period (plus interest) unless the hearing officer concludes that a different period is more reasonable, and shall be eliminated after payment is completed at the end of the amortization period. In the case of a rent reduction petition submitted pursuant to section 5.30.175, where Yreka City Council Agenda
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the owner is required to pay legal expenses to the tenants as a result of rejected settlement offers, the owner's obligation to pay said legal expenses shall be amortized and paid in equal monthly payments over a five-year period (plus interest) unless the hearing officer concludes that a different period is more reasonable, and shall be extinguished after payment is completed at the end of the amortization period. In the cases of an NOI petition filed pursuant to subsections 5.30.090(a)(1)—(3) where the owner is required to pay legal expenses to the tenants as a result of rejected settlement offers, and the amount owed to the tenants has not been used to offset or reduce any landlord recovery pursuant to subsection (f)(2) of this section, the owner's obligation to pay said legal expenses to the tenants shall be amortized and paid in equal monthly payments over a five-year period (plus interest), unless the hearing officer concludes that a different period is more reasonable, and shall be extinguished after payment is completed at the end of the amortization period.
h. In determining whether a party "has obtained a more favorable award or decision" than that proffered in a settlement offer not accepted by that party, the hearing officer shall rely upon and be guided by legal precedent and authorities construing the same term used in California Code of Civil Procedure section 998.
5.30.120 Fair Return Standard.
a. Owners may obtain rent adjustments for individual mobilehome parks pursuant to the standards established in this section in order for rents to be set at a level which will avoid a confiscatory taking of the owner's property and satisfy federal and state constitutional requirements. Rents established hereunder must be fair to the owner and to tenants.
1. Presumption of Fair Base Year Net Operating Income (NOI).
Except as provided in subsection (a)(2), it shall be presumed that the net operating income ("NOI") produced by the park in the base year provided a fair return on the property.
2. Adjustments of Fair Base Year Net Operating Income.
If the hearing officer determines that the base year NOI yielded other than a fair return, she/he shall adjust the base year NOI in accordance with this section. The hearing officer shall not make such a determination unless she/he has made at least one of the following findings:
(a) The owner's operating expenses in the base period were unusually high or low. In such instances, the operating expenses shall be adjusted to reflect normal operating expenses for the park for the period in question, assuming full occupancy levels in the park.
In determining whether the owner's operating expenses were unusually high or low, the hearing officer shall consider, among other things, whether:
(1) The owner made substantial capital improvements during the base period which were not reflected in the rent levels on the base date.
(2) Expenses were unusually high or low, relative to other years. (b) The rent was disproportionately low or high due to the fact, established by a preponderance of the evidence, that it was not established in an arms-length transaction or there were other peculiar circumstances that demonstrate that the rent was not set under general market conditions. In such instances, the rent shall be adjusted to reflect general market conditions for the base period in question, assuming full occupancy levels in the park.
3. Calculation of Net Operating Income.
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For the purposes of an individual rent adjustment proceeding pursuant to this chapter, the following definitions shall apply:
(a) Net Operating Income equals Gross Income minus operating expenses. (b) Gross Income equals the sum of:
(1) Gross rents, including but not limited to any rent derived by virtue of the owner's adjustment of rents pursuant to section 5.30.050 (general, annual adjustment), (2) Interest from collected security deposits which the owner has agreed to pay to the tenant, but which is retained by the owner, and
(3) All other income or consideration received or receivable in connection with the use and occupancy of the park spaces, as allowed by this chapter, but not including income or consideration received for the provision of gas and electricity. (c) Operating expenses shall include the following:
(1) Real property taxes,
(2) Utility costs incurred by the owner in providing gas and electric service only to the park's common areas or common facilities but only to the extent said costs are permitted to be charged to the tenants pursuant to rules adopted by the California Public Utilities Commission,
(3) Management fee for operating the park, not to exceed four percent of gross income, unless it is demonstrated that fees in excess of this amount are reasonable, (4) Reasonable accounting fees,
(5) Insurance,
(6) Owner-performed labor, at reasonable rates for the trade or profession for the community, (7) License and registration fees,
(8) Maintenance expenses,
(9) Fees paid to the city for petitions made pursuant to this chapter, (10) Attorney's fees and costs incurred and not collectible: (i) in connection with good faith attempts to recover rents owing, (ii) in connection with good faith unlawful detainer actions (not in violation of applicable law to the extent that such expenses are not recovered from the residents), (iii) in complying with the State Mobilehome Residency Law, and/or (iv) which are directly related to the operation, maintenance, and improvement of the park and do not constitute those fees and costs described in subsection (d)(5), below.
Fees which are clearly excessive in relation to the customary and reasonable rates shall be disallowed.
(11) Reserves for replacement of long-term improvements or facilities, provided that accumulated reserves shall not exceed five percent of annual gross income. (d) Operating expenses shall not include the following:
(1) Unnecessary and unreasonable expenses. To the extent that any expense upon which a rent adjustment is sought by the owner has increased at a rate greater than the percentage change in the applicable CPI, then the amount by which said expense has increased above the CPI shall be presumed unreasonable unless the owner can show, by a preponderance of the evidence, otherwise,
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(2) Mortgage principal and interest payments,
(3) Ground lease payments,
(4) Any penalties, fees or interest assessed or awarded for violations of this or any other law, (5) Legal and professional costs and fees except as provided in subsection (3)(c)(10).
Notwithstanding subsections (3)(c)(10) or (3)(d)(5) to the contrary, under no circumstances shall operating expenses include legal and professional costs and fees incurred in connection with (i) providing advice or assistance to an owner concerning the application or interpretation of this chapter, (ii) representation at or concerning meetings or hearings of any governmental agency under, pertaining to or connected with this chapter, (iii) preparing for, advising with respect to or attending any hearing officer proceeding or other proceeding, conference, meeting or hearing conducted pursuant to this chapter, (iv) challenging hearing officer or other decisions made pursuant to or in connection with this chapter, and/or (v) actions brought challenging the validity or applicability of this chapter, (6) Depreciation of real and personal property,
(7) Any expense for which the owner has been reimbursed from a source other than rental income (such as insurance),
(8) Except for those costs permitted to be passed on to tenants by the California Public Utilities Commission and specified in subsection (3)(c)(2), above, expenses incurred in connection with the provision of electric and gas utilities,
(9) The owner's 50 percent share of the costs of the general administration of this chapter as set forth in section 5.30.140, below,
(10) Costs incurred by the owner in lobbying against rent control.
4. Calculation of Fair Return.
(a) It shall be presumed that the base period net operating income ("NOI") adjusted by 100 percent of the increase or decrease in the Consumer Price Index since the end of the base year derived by an owner yields a fair return ("maintenance of NOI formula"). If any party to a hearing held to adjudicate an individual rent adjustment petition contends that the maintenance of NOI formula governs the petition and sufficient evidence has been adduced upon which the hearing officer can determine whether the park's relevant current NOI conforms to the maintenance of NOI formula, then the hearing officer shall make a determination, with findings, of whether or not the owner's net operating income yields a (i) fair return to the owner under this formula and (ii) fair rents to the tenants.
(b) The base period Consumer Price Index shall be the Consumer Price Index level for January 1996 if the base period is calendar year 1995. The base period Consumer Price Index shall be the Consumer Price Index level for January 1995 if the base period is the averaged base period, as defined below. Current period Consumer Price Index shall be the Consumer Price Index as of the date of the petition for an individual rent adjustment. (c) The park owner and/or tenant may establish that the maintenance of NOI formula will not provide a fair and reasonable return and that an alternate formula should be used by the hearing officer in evaluating the petition.
(d) Notwithstanding any other provision of this chapter, the hearing officer may consider any factors cognizable under the law in order to ensure that the rent permitted yields a fair return.
5. Base Year Defined.
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(a) Effective as to any petition based on petition year 2028 or thereafter, "base year" or "base period" shall be determined by applying the following calculation: the NOI for calendar year 2023 shall be compared to the average NOI for calendar years 2020, 2021 and 2022. As between the two NOI's, whichever is less shall determine the "base year" or "base period". The period for which the NOI is less shall be the "base year" or "base period". If, based on this calculation, the 2019 through 2021 period is the "base period", then, in this chapter, that period shall be referred to as the "averaged base period", "base period" or "base year". If, based on this calculation, the 2019 calendar year is the "base period" or "base year", then, in this chapter, that period shall be referred to as the "base period" or "base year". The application of this subsection to any petition governed by its provisions shall not result in the retroactive reduction of the permitted rent level established by reason of an individual rent adjustment petition based on petition year 2024 or earlier.
(b) Notwithstanding any provision of section 5.30.090 to the contrary, in instances in which the exact information regarding base year income and expenses is not available for the mobilehome park which is the subject of the hearing, the hearing officer shall have the discretion to consider all other information available to estimate the relevant base year net operating income for the mobilehome park.
(1) Such information may include, but shall not be limited to the following:
(i) Information from tax returns, bank statements, annual reports or other financial data.
(ii) Such other information which may be available.
(2) In making an estimation under this section, the hearing officer may make reasonable inference and assumptions about the existing data as are necessary to project what the actual amount was.
(3) The hearing officer shall consider the comments from all parties to the hearing regarding the accuracy of the data used and the methodology in arriving at the estimated data. (4) In determining the burden of proving the reasonableness of the rent increase under section
5.30.090, the hearing officer may consider the circumstances under which missing data became unavailable as well as the credibility of testimony from all parties.
6. Health Risks.
In any determination of what constitutes a reasonable rent increase under the circumstances, the hearing officer shall consider and weigh evidence establishing the nature and extent of any violations by either the owner, the operator, or homeowners of the State Health and Safety codes or other laws applicable to the park. Any rent increase may be disallowed, reduced, or made subject to reasonable conditions, depending on the severity of such violations.
5.30.130 Disclosures.
a. An owner shall disclose to each tenant-to-be the rent paid by the previous tenant and provide each tenantto-be with a copy of this chapter. b. Any person who is a "tenant-to-be" must be offered the option of renting a mobilehome space in a manner which will permit the "tenant-to-be" to receive the benefits of this chapter which includes, but is not limited to, rental of a mobilehome space on a month-to-month basis, and a maximum allowable rent as provided in this chapter. Such a person cannot be denied the option of a tenancy 12 months or less in duration. The Yreka City Council Agenda
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owner shall provide each "tenant-to-be" with a written notification of the option which shall make the following recitation:
"UNDER YREKA MUNICIPAL CITY CODE CHAPTER 5.30 YOU ARE LEGALLY ENTITLED TO ELECT A MONTH-TOMONTH TENANCY OVER ANY OTHER LONGER PERIODIC TENANCY. YOU ARE ADVISED THAT YOU MAY NOT BE
ENTITLED TO RENT STABILIZATION (RENT CONTROL) PROGRAM BENEFITS IF YOU ELECT A LEASE OF MORE THAN 12 MONTHS IN DURATION IF THAT LEASE MEETS THE REQUIREMENTS OF CIVIL CODE SECTION 798.17 WHICH HAS BEEN ATTACHED HERETO."
The written notification will include a place for the tenant-to-be to acknowledge receipt of the notification and a copy thereof will be provided to that tenant-to-be. Any effort to circumvent the requirements of this section shall be unlawful, as well as an unfair business practice subject to enforcement under Business and Professions Code Section 17200 et seq.
5.30.140 Fees.
a. The costs of general administration of this ordinance shall be borne by the city; subject to reimbursement of and/or payment to the city's general fund by imposition and collection of a rent stabilization administration fee chargeable against each mobilehome space subject to rent control in the city. Said fee is hereby established and so imposed. The park owner shall pay said fee to the city. The park owner who pays these fees may pass through 50 percent of the fees assessed against a mobilehome space to the tenant only as set forth herein. This fee pass through must take place no later than 12 months after the park owner is billed for the program administration fees. Failure to timely pass through 50 percent of the fees assessed against a mobilehome space will result in the loss of the park owner's right to do so. The remaining 50 percent of the fees assessed against a mobilehome space shall not be included as an expense under section
5.30.120(a)(3)(d), charged to the tenants in any way, or passed on in any way to tenants. Fees passed through to tenants as herein authorized shall not be considered a part of the rent base upon which future rent increases can be made, and shall be amortized over a period of at least 12 months in length. The notice to increase rents to include any fee pass through authorized by this section shall notify the tenant, in writing, of the fee pass through. Any billing statement or other notice in which the fee pass through is contained shall identify the amount of the fee pass through.
b. The fees imposed by this section shall be paid by the park owner annually. The time and manner of payment, delinquency status, and assessment and collection of penalties for delinquent payment of the fees imposed by this section shall be as provided by separate resolution of the city council. The city manager shall recommend to the city council from time to time the amount of such fee and the city council shall adopt such fee by resolution.
c. Any park owner who believes that they may be entitled to a space fee exemption pursuant to section
5.30.020, shall provide the city manager with a detailed calculation and explanation justifying the claimed exemption(s). The accuracy of said representation and calculation(s) shall be executed under penalty of perjury and all costs to the city arising from any inaccuracy of the representation(s) will be borne by the park owner.
5.30.150 Designated Tenant Representative.
a. The tenants of each mobilehome park in the city who rent spaces controlled by this chapter shall annually elect by majority vote, with one vote per space as specified in subsection (a)(4)(c)(5), a designated tenant representative ("DTR") to receive all notices and documents which by this chapter are required to be delivered to the DTR and to discharge those other responsibilities imposed upon them by this chapter. In Yreka City Council Agenda
December 2, 2025
addition, on behalf of the tenants, said DTR shall have the authority to accept and reject settlement offers submitted pursuant to section 5.30.110, which said acceptance or rejection by the DTR shall be binding upon the said tenants.
b. The elected DTR shall advise the city manager and owner of the name, address and phone number of the elected DTR in writing no later than January 31 of each year and shall promptly notify the city manager and owner of any change of representative. Said writing shall be dated, signed and also include the following certification, or a certification substantially similar to the following:
"I certify that I have been elected as the designated tenant representative (DTR) for the ___________ mobilehome park ("park") as the result of a duly noticed election. All tenants of spaces in the park which are governed by chapter 5.30 of the Yreka Municipal Code were delivered written notices advising them of (a) their right to vote for the park's DTR, (b) the authority and obligations of the DTR, (c) the slate of candidates running for the position of the park's DTR, (d) the date by when and how they must cast their vote and (e) the place to cast their vote. I further certify that of the ballots timely cast, _______ [number] or _______% were cast in favor of the undersigned."
c. In the event no person is elected or willing to serve as the DTR, then the president or presiding officer of any existing tenants' organization or association shall be requested by the owner to serve as the DTR until said position can be filled by election as set forth above. Any such president or presiding officer shall submit to the owner and city manager a certification substantially similar to that set out above, attesting to the fact that a majority of the tenants of the park are members of the tenants' organization or association of which s/he is a member and that the board of directors of said organization or association duly elected them as its president or presiding officer and that s/he has been authorized by that board to act as the DTR pursuant to this chapter.
d. In the event that no person will or can serve as the DTR in a given park, then the duties and authorization imposed upon and granted, respectively, to the DTR hereunder shall not be discharged or exercised, respectively, with respect to that park.
e. In the event a DTR fails to discharge their duties as specified in this chapter, the tenants described in subsection (a) of this section shall have the right to vote as to whether or not the DTR shall continue acting as the DTR. If the tenants renting a majority of the spaces controlled by this chapter vote against the DTR retaining their position as DTR, that person shall step down from and no longer occupy the position of DTR effective as of the date of the election.
f. In addition to the DTR's duties and authorization set forth in subsection (a) of this section, the DTR shall discharge the following obligations:
1. Upon receipt of the notices and documents which the DTR is to receive under this chapter, the DTR shall (a) post copies of same in a community center or other place in the park that is readily accessible to and frequented by the tenants, and (b) electronically send them to all affected tenants but only to the extent that the DTR personally has the equipment, technology and know-how to accomplish this task (and the DTR only needs to electronically send said material to those affected tenants who have provided the DTR their email addresses);
2. Make good faith and timely efforts to notify all affected tenants of any settlement offers received by or proposed by the DTR pursuant to section 5.30.110. In this connection, the DTR shall develop and follow procedures aimed at soliciting and obtaining the maximum input practicable from those tenants affected by such settlement offers so that the DTR is reasonably certain that the positions the DTR takes vis a vis such offers is representative of the desires of those tenants who are renting a majority of the spaces affected or potentially affected by the offers. g. During their term of office as the DTR, the DTR cannot also serve on any city council, commission, committee or board.
Yreka City Council Agenda
December 2, 2025
5.30.160 Solicitations of Any Petitions by the Park Owners are Without Force or Legal Effect Within City's Program.
Except as to the notice and consent described in section 5.30.090(c) the distribution of a petition or other documents seeking to have mobilehome tenants waive rights, abandon a filed petition or in any way affect the entitlement of the tenants to participate in the rent stabilization process authorized hereunder shall be without force or legal effect within the city's rent stabilization program. Such documents shall not affect the right of any tenant to participate in the rights, remedies, procedures and processes set forth in this chapter. Efforts to utilize such documents to discourage participation in the city's rent stabilization program may be deemed retaliation.
5.30.170 Tenant Complaints.
Tenants shall have the same rights as an owner to a hearing before a hearing officer in order to object to any rent increase or to enforce any provision of this chapter. Tenants shall file a complaint with the city (and contemporaneously deliver a copy to the owner) and pay any applicable fees. Tenants filing such complaints seeking hearings under this chapter shall be subject to the rules set forth in sections 5.30.090 and 5.30.100, and shall pay those costs and fees as set forth in and pursuant to subsection 5.30.090(b)(3). All such complaints shall describe in detail the basis therefor and shall attach, where available and necessary to a full understanding of the complaint, documents and writings which support the complaint.
5.30.175 Rent Reductions for Service Reductions.
a. Submission of Service Reduction Petition to City Manager. A tenant may submit a petition for the reduction of rent based upon service reductions. A service reduction petition shall be submitted to the city manager in writing and should state, to the extent applicable:
1. The affected spaces;
2. The prior level of service established by the park owner for that tenant's mobilehome space and common facilities used by that tenant;
3. The specific changes in the prior level of services comprising the alleged reduction in service;
4. The date the service reduction was first noticed by the tenant;
5. The date of notice to the owner of the alleged service reduction, and if such notice was given, whether the notice was given orally or in writing;
6. When and how the owner responded to the tenant's notice, if notice was given;
7. Whether the condition was improved or corrected, and if so, when and how;
8. The status of the condition as of the date the petition is signed;
9. How the reduction or lack of the service in question has affected the petitioner's enjoyment of their rental unit, specifying, if possible, the nature of the effect and the time(s) during each day that the effect is manifested; and
10. Whether such service reduction was the result of a vote of a majority of the affected tenants. b. Filing, Processing and Deciding Service Reduction Petitions.
Yreka City Council Agenda
December 2, 2025
1. Subject to the provisions of this section, the filing, processing, and deciding of a service reduction petition shall be governed by sections 5.30.090(b) and 5.30.100. The petition must be signed under penalty of perjury attesting that the petition and its attachments accurately and completely reflect and show all the relevant information set forth in subsection (a). The petition must be accompanied by payment of the fee set for this purpose by council resolution. Within 30 days of the city receiving the petition, the city shall determine if the petition is complete such that it provides the necessary information and otherwise complies with this subsection and within that 30-day period, the city shall mail to the petitioner and owner the city's determination of completeness.
2. The petitioner seeking a service reduction rent decrease shall serve a copy of the petition and all supporting papers on the park owner's representative and the designated tenant representative at the same time petitioner files the petition with the city.
c. If the hearing officer finds that a material service reduction has occurred, the hearing officer shall determine the resultant percentage reduction in the tenants' enjoyment of their rental units due to the service reduction. Rent shall be reduced by that percentage or amount. The tenants also shall be entitled to a rebate of the following sum: the monthly rent reduction multiplied by the number of months between the date the tenants notified the park owner of the reduction in service, and the date the hearing officer determined the rent reduction. Said rebate shall be amortized and paid to the affected tenants in equal monthly installments over a five-year period, bearing interest. In the event the park owner was not notified of the service reduction by the tenants or petitioner and the park owner did not know nor should have known that the service reduction occurred prior to the filing of the petition, then no rebate shall be awarded. If a preponderance of the evidence proves that the park owner knew or should have known of the reduction in service, then a rebate shall be awarded and calculated from the date that the park owner knew or should have known of the advent of the reduction.
d. A service reduction shall not include the elimination or reduction of a recreational facility or service when such elimination or reduction and rent decrease resulting therefrom have the prior written approval of tenants renting two-thirds of the rental spaces in the park. In such cases no rebate shall be required. e. No recreational service or facility which has been reduced or eliminated shall be reinstituted at any cost to the homeowners without prior written approval of tenants renting two-thirds of the rental spaces in the park.
f. Consolidation of Service Reduction Petition with Consideration of Fair Return Petition. In the event that a service reduction petition is filed while a fair return petition is pending, either the city, the park owner, or the tenants may require consideration of the petition filed pursuant to this section in conjunction with the fair return petition.
5.30.180 When Recreational Vehicle Space Tenants are Governed by this Chapter.
Any recreational vehicle space that is occupied by a recreational vehicle as defined in Civil Code Section 799.29 for a period in excess of nine months on or after January 1, 2026, shall be regarded to be a "mobilehome space" for purposes of this chapter, and a tenant upon such a space shall be entitled to all the rights, protections and obligations of this chapter. Notwithstanding anything to the contrary stated hereinabove, upon the effective date of this chapter, said space shall be subject to the fees authorized by the city council for mobilehome spaces.
The space tenant and the park owner shall apportion the fee in the manner authorized for mobilehome spaces subject to this chapter generally.
Yreka City Council Agenda
December 2, 2025
5.30.190 Disclosure Under PRA.
All information and documents submitted to the city and all written decisions made by the hearing officer under this chapter shall be deemed public records and disclosable as such under the California Public Records Act, unless nondisclosure is required under said act.
5.30.200 Enforcement.
If authorized by the city council and it becomes necessary for the city attorney to seek judicial enforcement of the orders of the hearing officer, or city council, the city shall be entitled to receive reasonable attorney's fees and costs, including expert witness fees, from the defendant or defendants in such action as set by the court if such judicial enforcement action is successful. Nothing in this section shall prevent a private party from commencing an action to enforce the orders of the hearing officer or council.
5.30.210 Penalties.
a. Any violation of this chapter shall be a misdemeanor punishable as is provided in the Yreka Municipal Code. b. If any party to any proceeding hereunder is found by the hearing officer to not be proceeding in good faith, in addition to whatever other penalties and provisions might otherwise be incurred or assessed, said party shall be assessed a penalty not less than twice, nor more than thrice, the amount at issue as to which good faith was lacking. One half of the penalty shall be paid to the other party; one half shall be paid to the city.
5.30.220 Fees.
The fees which are required to be paid under section 5.30.090 (a) above shall be established by separate city council resolution.
5.30.230 Sunset Clause.
This chapter shall cease to be effective on January 1, 2033, provided that prior thereto, the city council adopts an ordinance repealing same, but if the council does not adopt such a repealing ordinance, this chapter shall continue in effect for an additional three years and shall continue in effect for successive three year periods unless prior to the end of each three year period, the council adopts a repealing ordinance.
Yreka City Council Agenda
December 2, 2025