Colleen Baker, Mayor
James Clair, Mayor Pro Tempore
Corey Middleton, Councilmember
Drake Davis, Councilmember
Paul McCoy, Councilmember
William Ibershof, City Manager
Juliana Lucchesi, Asst. City Manager
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Cyndy Prohaska, City Clerk
Patrick Dirksen, Interim Police Chief
Jerry Lemos, Fire Chief
Julia Homaechevarria, City Attorney
YREKA CITY COUNCIL MEETING AGENDA
June 2, 2026
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.
The full agenda packet can be found on the City’s website at www.yrekaca.gov/AgendaCenter. Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting, and 24 hours before each special meeting, at the City Clerk’s office at City Hall, located at 701 4th St, Yreka, California during normal business hours. Any writing that is subject to disclosure that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at the City Clerk’s office during normal business hours.
Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at www.yrekaca.gov/AgendaCenter.
Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to Government Code section 54953(f), remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. to the City Clerk prior to the meeting or to attend the meeting in person." Written comments will be distributed to the Councilmembers but will not be read aloud at the meeting.
1. 6:30PM CALL TO ORDER REGULAR SESSION, PLEDGE OF ALLEGIANCE:
2. ROLL CALL:
3. APPROVAL OF THE AGENDA:
4. PRESENTATIONS: (NONE)
5. PUBLIC COMMENTS:
Public participation is welcomed and invited at all City Council meetings. This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the 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
June 2, 2026
Regular Agenda. If your comments concern an item noted on the Regular Agenda, please address the Council when that item is open for public comment.
The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.
Councilmembers, when recognized by the Mayor, may ask clarifying questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. • Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please address the Council as a whole.
• Please state your name for the record prior to providing your comments. • If you have documents to present, please provide a minimum of seven (7) copies. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda
The public comment period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.
6. CONSENT AGENDA:
All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval/ratification of payments issued from May 10, 2026, through May 23, 2026. b. Approval of the Minutes of the Regular Meeting held May 19, 2026. c. Motion to direct the City Manager to approve the fee waiver request for the Siskiyou Community Food Bank Citizen of the Year Banquet at the Yreka Community Center being held June 6, 2026. d. Approval of the Agreement with Northwoods Backflow Services, LLC.
Recommended City Council Action: Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.
7. PUBLIC HEARINGS: (NONE)
Public Hearing Protocol:
i. Mayor will describe the purpose of the Public Hearing. ii. City Staff will provide the Staff Report.
iii. City Staff will respond to questions from the City Council. iv. Mayor will open the Public Hearing.
v. Public wanting to comment will come to the podium, provide the City Clerk with their name and address, and provide their comments.
vi. Mayor will close the Public Hearing.
vii. City Council will deliberate and act on the item.
8. CITY BUSINESS:
Finance Director
a.Agenda Title: Introduction and First Reading of Ordinance No. 889 Amending Chapter 12.04 of the Yreka Municipal Code Regarding Water Service Accounts, Billing Responsibility and Collection Procedures; Finding Action Exempt from CEQA (Guidelines §§15061(B)(3) and 15378.
Yreka City Council Agenda
June 2, 2026
Recommended City Council Action: Introduce and conduct the first reading of the proposed ordinance, waive full reading of the ordinance by title only, and set the ordinance for second reading and adoption at the next regular City Council Meeting.
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 (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].
Yreka City Council Agenda
June 2, 2026
AFFIDAVIT OF NOTIFICATION AND POSTING
STATE OF CALIFORNIA)
COUNTY OF SISKIYOU) SS
CITY OF YREKA)
I, Cyndy Prohaska, City Clerk for the City of Yreka, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Yreka, California, was delivered and/or notice by email not less than 72 hours, before the hour of 6:30PM on June 2, 2026 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
May 19, 2026
Closed Session: 5:30 PM
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.
The full agenda packet can be found on the City’s website at www.yrekaca.gov/AgendaCenter. Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting, and 24 hours before each special meeting, at the City Clerk’s office at City Hall, located at 701 4th St, Yreka, California during normal business hours. Any writing that is subject to disclosure that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at the City Clerk’s office during normal business hours.
Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at www.yrekaca.gov/AgendaCenter.
Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to Government Code section 54953(f), remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. to the City Clerk prior to the meeting or to attend the meeting in person." Written comments will be distributed to the Councilmembers but will not be read aloud at the meeting.
1. 5:30 PM CALL TO ORDER CLOSED SESSION:
Closed session called to order at 5:30 PM
2. PUBLIC COMMENT ON CLOSED SESSION ITEMS:
No public comment received on closed session items
3. CLOSED SESSION:
The City Council will recess to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
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
June 2, 2026
a. Conference with legal counsel - potential litigation (Govt Code Section §54956.9(d)(2)) - Number of cases: 2
b. Public Employee Appointment (Govt Code Section §54957(b)) - Position: City Manager
4. 6:30PM CALL TO ORDER REGULAR SESSION, PLEDGE OF ALLEGIANCE, AND REPORT OUT FROM CLOSED SESSION:
Open session called to order at 6:30 pm.
Closed session adjourned at 6:06 pm with no reportable action.
5. ROLL CALL:
Councilmembers Davis, Middleton, Clair and Baker are present.
Councilmember McCoy is absent
6. APPROVAL OF THE AGENDA:
Motion to Approve the Agenda as Presented
MOTIONED: Councilmember Middleton
SECOND: Councilmember Clair
AYES: Councilmembers Davis, Middleton, Clair & Baker
NO’s: -0-
ABSENT: Councilmember McCoy
7. PRESENTATIONS:
Steven Bryan – Siskiyou Community Resource Center
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 April 26, 2026, through May 9, 2026. b. Treasurer’s Report for January 2026.
c. Approval of the Minutes of the Regular Meeting held May 5, 2026. d. Adoption of Resolution 2026-16 of the City Council of the City of Yreka Requesting the Board of Supervisors of the County of Siskiyou Consolidate a General Municipal Election with the Statewide General Election to be held Tuesday, November 3, 2026.
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e. Approval of Resolution 2026-17 of the City Council of the City of Yreka Accepting the Evans-Wilmarth Annexation.
f. Amendment of Legal Services Agreement with Colantuono, Highsmith & Whatley, PC, and Appointment of Julia Homaechevarria as City Attorney.
Recommended City Council Action: Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.
Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented MOTIONED: Councilmember Davis
SECOND: Councilmember Middleton
AYES: Councilmembers Davis, Middleton, Clair & Baker
NO’s: -0-
ABSENT: Councilmember McCoy
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.
Assistant City Manager
Agenda Title: Public Hearing – 2025 Urban Water Management Plan and Water Shortage Contingency Plan Adoption
Recommended Council Action: 1) Open Public Hearing to receive public comment on the UWMP; 2) Close Public Hearing; and 3) Motion to adopt Resolution 2026-18 of the City Council of the City of Yreka.
No public comment received.
Motion to Adopt Resolution 2026-18 of the City Council of the City of Yreka Adopting the 2025 Urban Water Management Plan and 2025 Water Shortage Contingency Plan and Making the Findings that the Project is Exempt from the California Environmental Quality Act (CEQA) MOTIONED: Councilmember Middleton
SECOND: Councilmember Clair
AYES: Councilmembers Davis, Middleton, Clair & Baker
NO’s: -0-
ABSENT: Councilmember McCoy
The motion passes
11. CITY BUSINESS:
Interim City Manager
a.Agenda Title: Discussion/Possible Acton on the Proposed Revisions to the Policy & Procedure Manual for Elected and Appointed Officials.
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Recommended City Council Action: Staff recommends that the City Council review the proposed revisions to the Policy & Procedure Manual for Elected and Appointed Officials and provide feedback and direction to staff to bring this item back at a future meeting for adoption. No formal adoption is requested at this time.
No public comment received
Agenda item 11.a was discussion only. No action was taken.
Interim City Manager
b.Agenda Title: Consideration of Appointment of William Ibershof as Yreka City Manager and Approval of Employment Agreement.
Recommended City Council Action: Motion to Approve the appointment of William Ibershof as City Manager for the City of Yreka and Authorize the Mayor to Execute the Attached Employment Agreement.
No public comment received
Motion to Approve the appointment of William Ibershof as City Manager for the City of Yreka and Authorize the Mayor to Execute the Attached Employment Agreement.
MOTIONED: Councilmember Middleton
SECOND: Councilmember Davis
AYES: Councilmembers Davis, Middleton, Clair & Baker
NO’s: -0-
ABSENT: Councilmember McCoy
The motion passes
f. CITY MANAGER/STAFF REPORTS:
Interim City Manager John Elsnab gave an update
Interim Police Chief Pat Dirksen 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
Councilmember Middleton gave an update
Councilmember Clair gave an update
Councilmember Baker gave an update
h. ADJOURNMENT:
Meeting adjourned at 7:48 PM
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____________________________
Mayor of the City of Yreka
Minutes approved by City Council
Motion on June 2, 2026
___________________________
Cyndy Prohaska, City Clerk
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June 2, 2026
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: John Elsnab, Human Resources Director
Agenda title: Discussion/Possible Action: Request to Waive Fees for the Siskiyou Community Food Bank Banquet for the Yreka Citizen of the Year at the Community Center
Meeting date: June 2, 2026
Discussion
The Siskiyou Community Food Bank submitted an application on April 29, 2026, to rent the Yreka Community Center for the Citizen of the Year Banquet. The event is scheduled for June 6, 2026, and is expected to have approximately 50 or more attendees.
The Siskiyou Community Food Bank is requesting a waiver of the Community Center rental fees, as the event is a City co-sponsored event recognizing impactful community members and businesses.
Fiscal Impact:
The total fees proposed to be waived for the Citizen of the Year Banquet are estimated at $525.00.
Recommendation:
Motion to direct the City Manager to approve the fee waiver request for the Siskiyou Community Food Bank Citizen of the Year Banquet at the Yreka Community Center.
Approved by: __________________________________
John Elsnab, Human Resources Director
Yreka City Council Agenda
June 2, 2026
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
Prepared by: Emily Aldrich, Finance Director
Agenda title: Approval of the Agreement with Northwoods Backflow Services, LLC Meeting date: June 2, 2026
Discussion:
Annually the City is required to test all backflow devices being used on the City’s water system. Previously we have contracted with Northwoods Backflow Service, the previous contract ended June 2025. The City put out a request for performance for these services and received three responses. After review, the City determined that Northwoods Backflow Services was the most cost effective and qualified to continue those services.
Fiscal Impact:
None. The cost of the testing is recouped from the owner of the device.
Recommendation and Requested Action:
Approve the Agreement with Northwoods Backflow Services for services 2026-2028.
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June 2, 2026
AGREEMENTFORPROFESSIONALCONTRACTORSERVICES
Northwood Backflow Services
Backflow Inspection Services
1. PARTIES:
The parties to this contract are the City of Yreka, a municipal corporation of the State of California (the City) and Northwood Backflow Services LLC (Contractor).
This AGREEMENT is made and entered into on this ____day of ________ , 2026.
2. SCOPE OF SERVICES:
City retains Contractor to perform, and Contractor agrees to render backflow testing services (hereinafter “the services”) identified in Exhibit “A,” in accordance with the terms and conditions set forth herein.
Contractor represents and warrants that all Contractor services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit “A.”
Contractor shall furnish all equipment, vehicles, supplies, and facilities necessary and convenient to perform properly the services required herein.
Work Assignments. Contractor agrees to provide a consistent weekly schedule to the City for on-site office hours and inspections. Schedule may change through mutual agreement between the City and Contractor. While performing the services, Contractor shall exercise reasonable professional care and skill customarily exercised by reputable members of Contractor’s profession and shall use reasonable diligence and best judgement while exercising its professional skill and expertise.
Litigation Support. Contractor shall receive compensation for preparing for and/or appearing in any litigation at the request of City, except: (1) if such litigation costs are incurred by the Contractor in defending its work or services or those of any of its subContractors; or (2) as may be required by the indemnification requirements of the Contractor. Compensation for litigation services requested by the City shall be paid at a mutually agreed upon rate and/or at a reasonable rate for such services.
3. PAYMENT:
Yreka City Council Agenda
June 2, 2026
Payment for services. City shall pay Contractor for services based on Exhibit “B” Contractor Standard Rate Schedule. City will pay the Contractor with warrants drawn in the normal course of business.
No contract price changes shall be made during the term of this Agreement without City’s prior written approval. Any additional services requested in writing that is not listed or covered in this Agreement will be extra work, less any amounts deemed to be a setoff and shall be payable at either a negotiated fixed fee or, if time and materials, at the established rates and expenses.
City reserves the right to withhold final payment to the extent that:
a. There are defective services not remedied by the Contractor; or b. There are claims against the Contractor or any of its subcontractors for labor or materials furnished; or
c. The Contractor has not made proper payments to subcontractors, employees or materialmen; or
d. The Contractor has defaulted on any other term or condition of this Agreement.
The acceptance by the Contractor of the final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled.
Contractor shall maintain accounting records including the following information:
names and titles of employees or agents, types of services performed, and times and dates of all services performed in connection with this Agreement which is billed on an hourly basis.
Contractor shall maintain complete and accurate records with respect to the cost, expenses and receipts and other information required by City for any services. Contractor shall maintain accurate records on services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
The City shall act to approve or deny each invoice submitted by Contractor within thirty days from receipt of the invoice.
Audit of Records. Contractor shall maintain complete and accurate records of all payrolls, expenditures, disbursements and other cost items charged to the City or establishing the basis for an invoice. All such records shall be clearly identifiable. Contractor shall allow Finance Director to inspect, examine, copy and audit such records during regular business hours upon 48 hours’ notice.
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In addition to the accounting records, Contractor shall allow City the right to examine and audit all records, and to make transcripts thereof as necessary, allow inspections of all work, data, documents, proceedings and activities relating to this Agreement. Such records, together with supporting documents shall be maintained for a period of three (3) years after receipt of final payment.
4. TIME FOR PERFORMANCE:
Contractor will perform the services according to Exhibit A. Performance under this Agreement shall commence immediately upon signature of this agreement until three years after the date of signing. Contractor shall perform diligently and continuously to complete all services set forth in the Scope of Services. In the event that Contractor fails to strictly adhere to the times for performance as hereinafter provided, City may in its sole and absolute discretion terminate this Agreement with a thirty (30) day written notice.
City and Contractor shall negotiate modifications to the timing and scope of work to accommodate both parties. Unless there are subsequent modifications to the schedule, the Contractor will complete all services. No Services shall be delayed or postponed by Contractor, pending resolution of any disputes with the City unless otherwise agreed to by both parties in writing.
The services shall be performed on a continuous, ongoing basis. Contractor will meet with the Contract Administrator as needed to evaluate workload and schedule upcoming activities and staffing needs. The Contractor and Contract Administrator will set mutually acceptable timing requirements at the time the work to be performed is assigned.
For all time periods not specifically set forth in this Agreement, the Contractor shall respond in the most expedient and appropriate manner under the circumstances, including but not limited to telephone, hand delivery, or mail.
Extension of time for unforeseen circumstances. In the event that the Contractor is unable to meet the completion date or schedule of services, if any, due to circumstances beyond Contractor’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, except strikes, lockouts, or work slowdown or stoppage of Contractor’s employees or subcontractors, acts of god, such as floods or earthquakes, and electrical blackouts or brownouts, Contractor shall inform the Contract Administrator of the additional time required to perform the work and the Contract Administrator may adjust the schedule.
Yreka City Council Agenda
June 2, 2026
5. STANDARD OF PERFORMANCE:
All services shall be performed by Contractor in accordance all applicable legal requirements and shall meet and conform with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of Contractor's profession currently practicing design and construction management services in California. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws, specific funding program requirements, and the professional standard of care in California.
City has relied upon the professional training, ability, and certification of Contractor to perform the services and Scope of Services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical expertise to perform all services required by it to be performed under this Agreement. The Contractor shall produce and maintain all necessary certifications and licenses to be able to conduct the scope of services outlined in Exhibit A.
Contractor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by the City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by the City.
Contractor's responsibilities under this section shall not be delegated. Contractor shall be responsible to the City for acts, errors, or omissions of Contractor's subcontractors.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by the City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this contract and determining whether the Contractor is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Contractor of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Contractor.
This Agreement is subject to the prevailing wage law as more fully set forth in Section 6 (Labor Code), for all work performed under this Agreement for which the payment of prevailing wages is required under the California Labor Code. In particular, Contractor Yreka City Council Agenda
June 2, 2026
acknowledges that prevailing wage determinations are available for work performed under this Agreement. Contractor shall determine the prevailing wages for each worker based on his/her specific craft as listed by the California Department of Industrial Relations (DIR).
If a specific craft is not listed, the Contractor shall request a specific determination from the DIR.
6. LABOR CODE:
Prevailing Wage Law. Prevailing Wage Law. This Agreement is subject to the requirements of the prevailing wage laws, including, but not limited to, Labor Code Section 1720 et seq., and Labor Code Section 1770 et seq., as well as Code of Regulations, Title 8, Section 16000 et seq., which require payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Contractor shall defend, indemnify, and hold harmless City, and its officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of failure or alleged failure of Contractor to comply with such prevailing wage laws.
Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, the Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification.
Forfeiture. Contractor shall forfeit as a penalty to City Two Hundred Dollars ($200.00), or any greater penalty provided in the Labor Code, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under this Agreement employed in the performance of the Scope of Services by Contractor or by any subcontractor of Contractor in violation of the provisions of the Labor Code. In addition, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Contractor.
Apprentices. Contractor shall comply with the provisions of Labor Code section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code 1777.5.
Payroll Records. Pursuant to Labor Code section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true Yreka City Council Agenda
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and correct; and (2) The employer has complied with the requirements of Labor Code section 1811 and Labor Code section 1815 for any work performed by his or her employees on the public works project. The payroll records shall be certified and shall be available for inspection at all reasonable hours as required by Labor Code section 1776.
Contractor and all subcontractors shall keep and maintain certified payroll records during the work and for 7-years past completing the work. If the City requests copies of the payroll records, Contractor and subcontractors shall provide copies to the City within 10-days of receiving the request. City will redact the names, addresses, and social security numbers before making copies available to the public. Any failure to comply within 10-days of the request will be reported to the California Division of Labor Standards. 8-Hour Work Day. This Agreement is subject to 8-hour work day and wage and hour penalty laws, including, but not limited to, Labor Code section 1810 and Labor Code section 1813. Contractor and any subcontractor(s) of Contractor shall strictly adhere to the provisions of the Labor Code regarding 8-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Pursuant to the Labor Code, eight hours’ labor shall constitute a legal day’s work. Work performed by Contractor’s employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay.
Contractor shall forfeit as a penalty to City $25.00, or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.
Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code section 1771 and Labor Code section 1725.5 requiring registration with the Department of Industrial Relations (DIR).
7. PROHIBITED INTEREST:
No official or employee of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving this contract, shall become directly or indirectly interested in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof.
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Contractor agrees that its company has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this contract, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this contract. For breach or violation of this provision, the City shall have the right to terminate this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
8. CONFLICT OF INTEREST:
Contractor shall not make or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a direct or indirect financial interest other than the compensation promised by this contract. Contractor will not have such interest during the term of this contract. Contractor will immediately advise the City’s Administrator and the City Attorney if Contractor learns of a financial interest of Contractor's during the term of this contract if Contractor’s participation in another City project would create an actual or potential conflict of interest, in the opinion of the City, the City may disqualify Contractor from participation in such other project during the term of this Contract.
9. INDEMNIFICATION:
To the fullest extent permitted by law, whenever Contractor and Contractor’s Related Parties are performing services Contractor shall indemnify, defend (at Contractor’s sole cost and expense and with legal counsel approved by City, which approval shall not be unreasonably withheld), protect and hold harmless City and City’s Related Parties (collectively, the “Indemnified Parties”), from and against any and all Liabilities of every kind and nature whatsoever (individually, a “Claim”; collectively, “Claims”) which may arise from or in any manner relate to (directly or indirectly), arise out of, or pertain to the negligence, recklessness, or willful misconduct of Contractor’s Activities, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City and City’s Related Parties provided such active negligence is determined by agreement between parties or by the findings of a court of competent jurisdiction. Instances where Indemnified Parties are shown to have been actively negligent and where Indemnified Parties active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of Indemnified Parties. Contractor’s obligations under this section apply regardless of whether or not such Liabilities was caused in part or contributed to by Indemnified Parties.
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Without limiting Contractor's obligation to indemnify City upon City’s request, Contractor shall indemnify, hold harmless, protect and defend with legal counsel acceptable to the City at Contractor’s sole cost, City from and against all Liabilities, paid, incurred or suffered by, or asserted against City in a judicial, administrative or regulatory forum or otherwise, whether well founded or not, for regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor or Contractor's Related Parties, any of Contractor’s Activities.
Should conflict of interest principles preclude a single lawyer from representing both Contractor and Indemnified Parties, or should City find Contractor’s legal counsel unacceptable, then Contractor shall reimburse Indemnified parties for their costs of defense, including without limitation, reasonable and necessary attorney’s fees, expert fees and all other costs and fees of litigation. Contractor shall promptly pay any final judgment rendered against Indemnified Parties covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
For purposes of defense and indemnification relating to this Agreement:
“Liabilities” means liabilities, lawsuits, claims, judgments, demands, clean-up orders, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs, expenses, loss, penalties and other detriments of every nature and description whatsoever, including all costs and expenses of litigation or arbitration, attorney’s fees (whether City’s or Contractor's staff attorneys or outside attorneys) and court costs, whether under state or federal law except liabilities caused by the sole negligence or willful misconduct of the indemnified party. “City’s Activities” means liability for death or bodily injury to persons, injury to property, or other loss arising out of actions that are the sole negligence, willful misconduct or defects in design furnished by City or arising from the active negligence of City. “City and City’s Related Parties” means City and City’s elected officials, officers, volunteers, representatives, partners, designees, attorneys, employees, agents, successors and assigns, and any lender of City with an interest in the Project that is the subject of this contract.
“Contractor and Contractor’s Related Parties” includes Contractor and its respective officers, directors, shareholders, members, partners, agents, employees, subcontractors, Contractors, licensees, invitees, guarantors or affiliates. "Affiliates" means a person that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the Contractor, where construction or interpretation of Yreka City Council Agenda
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"control" shall be governed by Rule 144 of the Securities Act of 1993. Contractor shall use best efforts, or cause such persons to use best efforts, to provide City's legal counsel all reasonably necessary information relevant to such persons, including proper and legal corporate names and relationship (or lack thereof) to Contractor's articles of incorporation, certificates of good standing, and other documentation related directly or indirectly to alleged liabilities.
“Contractor’s Activities” means any actions or omissions of Contractor or Contractor’s Related Parties in the performance of this Agreement directly or indirectly arising from Contractor or Contractor’s Related Parties Scope of Services and as set out in as well as any breach of representation or warranty of Contractor set forth in this Agreement, including Exhibit A, Exhibit B and Exhibit C, of which are hereby incorporated in this Agreement.
The provisions of this Section shall survive termination of this Agreement and Sections relating to insurance does not limit its provisions.
10. INSURANCE
Contractor shall procure and maintain during the period of performance of this contract and for 12 months following completion, insurance from insurance companies authorized to do business in the State of California, as set forth in this section and Exhibit “C”, attached hereto and made a part of this Agreement as if it were fully set forth al length at this point.
These policies shall be primary insurance as to the City so that any other coverage held by the City shall not contribute to any loss under Contractor’s insurance.
11. ACCIDENT REPORTS:
Contractor shall immediately report (as soon as feasible, but not more than 24 hours) to the Contract Administrator any accident or other occurrence causing injury to persons or property during the performance of this Contract. If required by the City’s Risk Administrator, the report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.
12. COVENANT AGAINST CONTINGENT FEES:
Contractor agrees that its firm has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this contract, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration Yreka City Council Agenda
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contingent upon, or resulting from, the award or making of this contract. For breach or violation of this provision, the City shall have the right to terminate this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
13. TERMINATION OR ABANDONMENT:
The parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, tsunamis, other "acts of God", war, civil insurrection, riots, and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sickout, picketing, or other concerted job action conducted by Contractor's employees or directed at Contractor is not an excuse from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. In the case of labor unrest or job action directed at a third party over whom Contractor has no control, the inability of Contractor to provide Agreement Services due to the unwillingness or failure of the third party to provide reasonable assurance of the safety of Contractor's employees while providing Agreement Services to minimize any confrontation with pickets shall, to that limited extent excuse performance. The foregoing excuse shall be conditioned on Contractor's cooperation in providing Services at different times.
The party claiming excuse from performance shall, within two (2) days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this Section.
City’s Rights. The City has the right to terminate or abandon any portion or all of the work by giving thirty (30) days written notice. Upon receipt of a notice of termination, Contractor shall perform no further work except as specified in the notice. Before the date of termination, Contractor shall deliver to City all work product, whether completed or not, as of the date of termination and not otherwise previously delivered. The City shall pay Contractor for services performed in accordance with this contract before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by the City and Contractor for the portion of work completed in conformance with this contract before the date of termination. In addition, the City will reimburse Contractor for authorized expenses incurred and not previously reimbursed.
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The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
In addition to any and all other legal or equitable remedies, in the event that Contractor, for any reason whatsoever, fails, refuses or is unable to perform Services which it is required by the Agreement to perform, at the time and in the manner provided in this Agreement, then City shall have the right, but not the obligation, to cause to be performed such Services with other personnel.
The Services of Contractor may be immediately terminated, without notice, at any time prior to the expiration of the term of this Agreement by:
a. The occurrence of circumstances that make it impossible and impractical for the business of City to be continued;
b. The death of the Contractor or Contract Administrator; c. The loss of the Contractor or City of legal capacity; d. The loss by the City or Contractor of the legal capacity to contract; e. Habitual neglect by the Contractor of Contractor's duties, unless waived by the City; f. Continued incapacity on the part of the Contractor to perform his/her duties, unless waived by the City;
If the City ceases the operation of all its operations in this area, then this Agreement shall terminate as of the effective date of the discontinuance of such operation.
Contractor's Rights. Contractor, if Contractor is not in default or breach, may terminate Contractor's obligation to provide further services under this contract upon 30 days’ written notice only in the event of a material default by the City, which default has not been cured within 30 days following the written notice.
14. SUCCESSORS OR ASSIGNS:
All terms, conditions, and provisions of this contract shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this paragraph is intended to affect the limitation on assignment.
15. LAWS AND VENUE:
The laws of the State of California govern this contract and disputes arising out of or relating to the contract or the parties’ relationship. Any action or proceeding arising out of or relating to the contract or the parties’ relationship shall be brought in a state court situated in Siskiyou County, State of California unless transferred by court order pursuant to Code Yreka City Council Agenda
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of Civil Procedure Sections 394 and 395. Any action or proceeding arising out of or relating to the contract or the parties’ relationship brought in a federal court shall be in the U.S.
District Court, Northern District of California. This Agreement shall be construed in accordance with the laws of the State of California.
16. ADMINISTRATION:
Contractor's business identification. Contractor's agent for service of process is Don Wood Northwood Backflow Services 2261 Athens Rd., Redding, CA 96001. Sole Proprietor composed of duly California licensed professionals. Contractor's Federal ID Number or Social Security Number under which payments will be reported on a W-9 before the first payment under this agreement is processed.
Contractor's contact information is:
Address: Northwoods Backflow Services
2261 Athens Rd.
Redding, CA 96001
City’s Representative. The City’srepresentative for administration of this contract is Emily Aldrich, Finance Director or their designee, who is the designated Contract Administrator or City Representative. The City may change the Contract Administrator at any time upon notice to the Contractor.
Contractor's Representative. The Contractor's representative for administration of this contract is Don Wood.
Notices. Any notice or instrument required to be given or delivered by law or this contract shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to:
City:
City of Yreka
401 7th Street
Yreka, CA 96097
With a copy to:
Julia Homeachevarria, Yreka City Attorney
790 E. Colorado Blvd., Suite 850
Pasadena, CA 91101-2109
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Contractor:
Don Wood
2261 Athens Rd.
Redding, CA 96001
Either party may change the address or identity of the person for notices under this paragraph by written notice to the other delivered in accordance with this paragraph.
Routine Administrative Communications. Routine administrative communication required to be in writing may be by personal delivery, mail, or electronic mail as agreed between the Contractor and Contract Administrator.
17. ADVICE OF COUNSEL:
The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract.
18. INDEPENDENT REVIEW:
Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.
19. TIME:
Time is of the essence in this contract. Any reference to days means calendar days unless otherwise specifically stated.
20. ASSIGNMENT OF ANTI-TRUST CLAIMS:
The Contractor offers and agrees to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, services, or materials pursuant to the contract. This assignment shall become effective at the time the City tenders final payment to Contractor, without further acknowledgment by the parties. The Yreka City Council Agenda
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Contractor shall have the rights set forth in Sections 4553 and 4554 of the Government Code.
21. TAXES:
The Contractor shall pay all applicable federal, state, and local excise, sales, business license, consumer use, and other similar taxesrequired by law for the execution of the work.
22. SEVERABILITY.
If any provision of this Agreement is held to be unenforceable, the remaining provisions of this Agreement are severable and shall remain valid and enforceable.
23. AMENDMENTS.
This Agreement may be amended at any time only by mutual written consent of the parties.
24. WAIVER.
A waiver by any party of any breach of any term, covenant or condition herein contained or a waiver of any right or remedy of such party available hereunder at law or in equity shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained or of any continued or subsequent right to the same right or remedy. No party shall be deemed to have made any such waiver unless it is in writing and signed by the party so waiving.
25. COMPLETENESS OF INSTRUMENT.
This Agreement, together with its specific references and attachments, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the parties hereto. Unless set forth herein, neither party shall be liable for any representations made express or implied.
26. SUPERSEDES PRIOR AGREEMENTS.
It is the intention of the parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, representations, or agreements, written or oral, between the parties hereto.
27. ATTORNEY’S FEES.
If any action at law or in equity, excepting an action for declaratory relief, is brought to enforce provisions of this Agreement by reason of the alleged failure of the other to perform Yreka City Council Agenda
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or keep any provision or this Agreement to be performed or kept, the prevailing party in such action or proceeding (including appeal) shall be entitled to recover court costs and reasonable attorney’s fees (including reasonable value of services rendered by attorney’s employed by City) which may be set by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such party may be entitled.
As used herein, the “prevailing party” means the party who dismisses an action or proceeding in exchange for payment of substantially all sums due, performance of provisions allegedly breached, or other considerations substantially equal to the relief sought by said party, as well as the party in whose favor final judgment is rendered.
28. COMPLIANCE WITH LAWS.
Contractor's services hereunder shall be conducted in accordance with all the laws, ordinances, rules and regulations applicable to such business as set forth by the City, State of California, and the United States government. Contractor agrees to indemnify City against any damages, expenses, or price reductions under this Agreement resulting from Contractor or Contractor's lower-tier subcontractors' failure to comply with the above laws and regulations.
29. AUTHORITY.
All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, estates, or firms represented or purported to be represented by such entity(s), person(s), estate(s), or firm(s) and that all formal requirements necessary or required by any stated and/or federal law in order to enter into this Agreement have been fully complied with. Further, by entering into this Agreement, neither party hereto shall have breached the terms or conditions of any other contract or agreement to which such party is obligated, which such breach would have a material effect hereon.
IN WITNESS WHEREOF, the parties have executed this contract on the following date. “Contractor”
Northwoods Backflow Services, a Limited Liability Company _________________________________
Don Wood
Business Owner
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“City”
City of Yreka, A Municipal Corporation
_________________________________
William Ibershof, City Manager
ATTEST:
________________________________
Cyndy Prohaska, City Clerk
Exhibit A: Scope of Services
Exhibit B: Contractor Standard Rate Schedule
Exhibit C: City of Yreka Professional Services Insurance Requirements Yreka City Council Agenda
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EXHIBIT “A”
Scope of Services
• Contractor shall perform backflow device inspection services on backflow prevention devices.
• Contractor shall lift and replace backflow device box lids security and safety when device is in a box.
• If initial test fails, Contractor shall provide basic onsite cleaning of internal components of assemblies and retest. By the next business day, Contractor shall provide written notification to City, via email or in hard copy form, of assemblies that do not pass tests following onsite cleaning and retest. Such written notification will include the nature of the observed conditions that may contribute to the inability of the backflow prevention device to pass the test.
• Contractor shall, upon identifying assemblies less than 2” in diameter that do not pass tests following onsite cleaning and retest, schedule a time to repair, if possible, the assembly in accordance with the submitted proposal.
• Contractor shall complete and provide the City a test report for each backflow assembly that is inspected.
• City agrees that Contractor will be afforded adequate time to complete requested tasks. Contractor agrees to make reasonable effort to complete accepted projects in a timely and workman like manner.
• City will assist by providing access to information and data that are in the records and required in connection with these backflow prevention device inspection services on backflow prevention devices including, but not limited to: maps, reports, standards, policies, procedures, rights of way, restrictions and easements. • City will, upon request, provide access to, and make all provisions necessary to enter upon public or private lands as required for Contractor to perform such work and inspections as are required in the course of the project. • Contractor shall complete and provide the City with inspection reports for each backflow assembly that is inspected.
• Contractor shall identify to the City any backflow assemblies that fail testing.
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EXHIBIT “B”
Contractor Standard Rate Schedule
Northwood Backflow Services
16971 Texas Springs Rd. 800-750-4547
Redding, CA 96001 FAX (530) 244-2424
FOR ANY BACKFLOW VALVE 1 INCH IN DIAMETER AND SMALLER:
TESTING: $55.00 PER DEVICE PER YEAR
REPAIRS: NO CHARGE (INCLUDED WITH TESTING FEE)
FOR ANY BACKFLOW VALVE 1 ½” THROUGH 2 INCHES IN DIAMETER:
TESTING: $65.00 PER DEVICE PER YEAR
REPAIRS: NO CHARGE (INCLUDED WITH TESTING FEE)
FOR BACKFLOW DEVICES 2 ½” THROUGH 4 INCHES IN DIAMETER:
TESTING: $75.00 PER DEVICE PER YEAR
PARTS: COST, PLUS 20% HANDLING
LABOR: $100.00 PER HOUR
FOR BACKFLOW DEVICES 4 INCHES AND LARGER:
TESTING: $75.00 PER DEVICE PER YEAR
PARTS: COST, PLUS 20% HANDLING
LABOR: $100.00 PER HOUR
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EXHIBIT “C”
City of Yreka Insurance Requirements For Professional Services Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that arises from or in connection with the performance of the Services hereunder by the Consultant, his agents, representatives, or employees.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no employees)
Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim,$2,000,000 aggregate.
If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
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The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Yreka, its officers, agents, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, agents, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, agents, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
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Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided at time of contract execution.
If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Design Professional must purchase “extended reporting” coverage.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
Prepared by: Emily Aldrich, Finance Director
Agenda Title: Introduction and First Reading of Ordinance No.899 Amending Chapter
12.04 of the Yreka Municipal Code Regarding Water Service Accounts, Billing Responsibility, and Collection Procedures; Finding Action Exempt from CEQA (Guidelines §§15061(B)(3) and 15378
Meeting date: June 2, 2026
Discussion:
The City of Yreka created the “waterworks department” in 1911 through Ordinance No.
75. These provisions and various other amendments are now found in Yreka Municipal Code at Chapter 12.04 titled “Waterworks.”
In recent years, the City has seen a change in the practices regarding payment for water service where accounts open by tenants of the landowner go unpaid. Allowing the tenant of property to open water accounts has resulted in difficulties for the City to collect payment for water used in residential and commercial properties. Staff recommends that the City follow suit with how various other cities and public water providers address this issue by establishing primary responsibility for the water account and payment of water charges with the land owner.
Under the current municipal code, collection becomes a time-consuming processes, with ambiguity of responsibility for payment, and difficulty in tracking down responsible parties who fail to pay their bills for water service adding costs to the overall operation of the waterworks. Ultimately those costs of the waterworks are factored into future rates or covered by the general fund. The current practice results in added costs for operation of the water system as a whole and increased costs to rate payers in general.
The proposed amendments to Chapter 12.04 will not amend the rates paid by rate payers.
Instead, the proposed amendment clarifies and enhances that the responsibility for payment of water service runs with the land. This change is found at section 12.04.040, as amended.
This will make it easier for the City to obtain full payment for services provided.
In addition to the clarification as to the responsibility for payment, the proposed amendments also address adding definitions common to Chapter 12.04, clarifies the responsibilities of the department, modernizes bill procedures, updates unlawful connections, and updates how delinquent accounts are handled.
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The full text of Title 12.04 as proposed to be amended – including those sections without proposed edits -- is presented as Ex. A for full context.
Environmental Impact:
None, exempt. Pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq. herein referred to as “CEQA”) and the State CEQA Guidelines (State of California Guidelines for Implementation of the California Environmental Quality Act (Section 15000 et seq. of Title 14 of the California Code of Regulations), this ordinance is not subject to CEQA pursuant to Section 15061(b)(3) because it will not cause a direct or reasonably foreseeable indirect effect or change to the physical environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines.
Fiscal Impact:
None
Recommendation and Requested Action:
Introduce and conduct the first reading of the proposed ordinance, waive full reading of the ordinance by title only, and set the ordinance for second reading and adoption at the next regular City Council Meeting
Attachments:
1. [Proposed] Ordinance No. 899 Amending Chapter 12.04 of the Yreka Municipal Code
Yreka City Council Agenda
June 2, 2026
1 2 ORDINANCE NO. 889
3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
5 OF YREKA, CALIFORNIA AMENDING CHAPTER 12.04
6 TO THE YREKA MUNICIPAL CODE ENTITLED
7 “WATERWORKS” AND FINDING AND DETERMINING
8 THAT THIS ORDINANCE IS NOT SUBJECT TO THE
9 CALIFORNIA ENVIRONMENTAL QUALITY ACT
10 PURSUANT TO CEQA GUIDELINES SECTIONS
11 15061(b)(3) AND 15378
12 WHEREAS, pursuant to the City’s police power, as granted broadly under 13 Article XI, Section 7 of the California Constitution, the City Council has the 14 authority to enact and enforce ordinances and regulations for the public peace, 15 health and welfare of the City and its residents; and 16 WHEREAS, the City Council of the City of Yreka created the waterworks 17 department in 1911 through Ordinance No. 75, and has adopted various 18 provisions amending and augmenting original ordinance, which can now be 19 found in the Yreka Municipal Code at Chapter 12.04 “Waterworks”; 20 WHEREAS, the City has seen a change in the practices regarding payment 21 for water service which has resulted in difficulties for the City to collect 22 payment for water used by tenants and occupants of residential and 23 commercial properties;
24 WHEREAS, under the current code the practice for collection is not in the 25 best interest of rate payers due to the time consuming, processes, ambiguity of 26 responsibility for payment, and difficulty in tracking down responsible 27 parties, resulting in added costs for operation of the water system as a whole 28 and increased costs to rate payers in general;
29 WHEREAS, the proposed amendments to Chapter 12.04 will not amend the 30 rates paid by rate payers, a code amendment is proper by ordinance alone; 31 WHEREAS, pursuant to the California Environmental Quality Act (Public 32 Resources Code Section 21000 et seq. herein referred to as “CEQA”) and the 33 State of California Guidelines for Implementation of the California Yreka City Council Agenda
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34 Environmental Quality Act (commencing with Section 15000 of Title 14 of 35 the California Code of Regulations; herein referred to as the "State CEQA 36 Guidelines"), the City is the "lead agency" for the preparation and 37 consideration of environmental documents for this ordinance; and 38 WHEREAS, the City Council finds and determines that this ordinance is not 39 subject to CEQA pursuant to Section 15061(b)(3) of the State CEQA 40 Guidelines because it will not cause a direct or reasonably foreseeable indirect 41 effect or change to the physical environment and it is not a "project", as 42 defined in Section 15378 of the CEQA Guidelines.
43 THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY
44 ORDAIN AS FOLLOWS:
45 Section 1: Recitals. The recitals set forth above are true and correct and 46 incorporated herein by this reference.
47 Section 2. Yreka Municipal Code Chapter 12.04 “Waterworks” is hereby 48 amended as indicated in Exhibit A to this Ordinance
49 Section 3. CEQA Exemption. The City Council has considered all of the 50 evidence in the record, including the staff reports, the testimony received 51 during the meeting on the matter held by City Council, and hereby determines 52 that the adoption of this ordinance will not have a significant effect on the 53 environment. The City Council finds that this ordinance is not subject to the 54 California Environmental Quality Act (CEQA). This ordinance is not a 55 "project", as defined in Section 15378 of the State CEQA Guidelines, and 56 pursuant to Sections 15061(b)(3) of the State CEQA Guidelines will not cause 57 a direct or reasonably foreseeable indirect effect or change to the physical 58 environment. This ordinance is therefore exempt from the California 59 Environmental Quality Act.
60 Section 4. Severability. If any section, subsection, part, clause, sentence or 61 phrase of this ordinance or the application thereof is for any reason held to 62 be invalid or unconstitutional by a decision of any court of competent 63 jurisdiction, the validity of the remaining portions of this ordinance, the 64 application thereof, shall not be effected thereby but shall remain in full 65 force and effect, it being the intention of the City Council to adopt each 66 and every section, subsection, part, clause, sentence phrase regardless of Yreka City Council Agenda
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67 whether any other section, subsection, part, clause, sentence or phrase or 68 the application thereof is held to be invalid or unconstitutional. 69 Section 5. This Ordinance shall take effect thirty days after its passage and 70 adoption pursuant to California Government Code Section 36937 and shall 71 supersede any conflicting provision of any City of Yreka ordinance. 72 Section 6. Finding. The City Council finds its passage is required for the 73 immediate preservation of the public peace, health, and safety. 74 Specifically, the City Council finds each change made under this ordinance 75 is necessary to preserve the public peace, health, and safety for the 76 following reasons: threats to public places and property related to fire, 77 criminal activity, and degradation of resources and facilities; restoration of 78 facilities; protection of public facilities, employees, and residents; and to 79 address criminal behavior dangerous to the health, safety, and welfare of 80 the City’s residents and employees utilizing such facilities. 81 Section 7. Implementation. The City Council hereby authorizes and directs 82 the City Manager to take any action and sign any documents necessary to 83 implement this Ordinance.
84 Section 8. Certification. The City Clerk shall certify to the passage and 85 adoption of this ordinance and shall cause the same to be published or posted 86 according to law.
87 Section 9. Inconsistencies. Any provisions of the Yreka Municipal Code, or 88 appendices thereto, or any other ordinances of the City inconsistent herewith, 89 to the extent of such inconsistencies and no further, are hereby repealed. 90 Section 11. Codification. The City Clerk is directed and authorized to 91 instruct the publisher of the City of Yreka Municipal Code that codification of 92 this ordinance is limited to Section 2.
93 Section 12. Execution. The Mayor and City Clerk are authorized to subscribe 94 this ordinance where indicated below to evidence its approval. 95 Introduced at a regular meeting of the City Council held on June 2, 96 2026 and passed, approved and adopted by at least a majority and adopted at a 97 regular meeting of the City Council of the City of Yreka held on June 16, 98 2026 by the following vote:
99 100 AYES:
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101 NOES:
102 ABSTAIN:
103 ABSENT:
104
105 Colleen Baker , Mayor
106 Approved as to Form: Attest:
107
108 Julia Homaechevarria, City Attorney Cynthia Prohaska, City Clerk 109
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Exhibit A
(Proposed additions shown Underlined and proposed deletions shown as Strikethrough) Chapter 12.04 WATERWORKS
Section:
12.04.010 Waterworks department created—Membership—Duties.
The waterworks department of the city is created and established. The city council shall serve as the waterworks department shall consist of a board of water commissioners appointed from the members of the city council. The members of the waterworks department shall be appointed by the mayor at the first regular meeting of the city council held in the month of May each year, and shall hold office until their successors have been appointed aforesaid.
All rules, regulations and rates made or adopted by the waterworks department shall be notice, adopted and published according to California law. It is the duty of the water department to fix the rules, regulations and rates for the use of water and have general supervision over the water system of the city. All rules, regulations and rates made or adopted by the waterworks department shall be submitted to the city council, and if adopted by the city council, they shall be published at least once in some newspaper published in the city, and shall take effect immediately upon adoption.
(Ord. 75 § 1, 1911).
12.04.020 Definitions Compensation of waterworks department.
The members of the waterworks department shall receive no compensation for service rendered, except as shall be allowed them by the city council, for actual necessary expense incurred in the performance of their duties.
For purposes of this Chapter, the following definitions shall apply:
Public works - Public Works Department - Water Department Meter reader - staff member who reads the city water meters Finance department – Accounting department for the City of Yreka Applicant - person who applies for city services
Consumption - Amount of water used in gallon measurements Late fee - Penalty charged for past due payments received after the due date Disconnect fee- Penalty charged for the reconnection of service (Ord. 75 § 2, 1911).
12.04.030 Departmental Responsibilities Secretary and president of department.
The city manager shall oversee all operations of the waterworks, consistent with this chapter, this code, and state law. The finance department shall be responsible for utility services accounting, utility customer invoicing and collection of payments from customers for those services provided by the city. The public works director shall be responsible for all other aspects of the operation of the waterworks department.
The waterworks department shall, within two weeks after appointment, meet and organize by appointing one of their members president, and one secretary, who shall keep a record of all their proceedings.
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(Ord. 75 § 3, 1911).
12.04.040 Responsibility for payment; Water shut off for rule violation. (a) The current owner of a property shall be responsible for payment of all water fees and water charges. The City shall render a single bill to the property to all owners of record known to the city. In the event of nonpayment, each property owner shall be liable for payment. Notwithstanding any other remedy or procedure herein, the city reserve the right at to all unpaid accounts to perfect a lien against the real property. (b) Property owners and/or occupant may, if they wish, make special arrangements with the Finance Department for the purpose of sending the bill to the occupant of the property rather than to the property owner(s). In such a case, the occupant may make payment, but the property owner remains solely liable for and responsible for any nonpayment. In the event occupants do not pay in accordance with the provisions of such an agreement, the service shall be disconnected and shall not be restored until the delinquent water charges, including the cost of water delivered, as well as the cost of reconnecting the service, shall have been paid. Such account will no longer be eligible for a special payment arrangement with such parties. (b) This chapter establishes The following rules, regulations and rates for the management, control and use of the waterworks of the city, and penalties for the violation thereof are prescribed and established.:
(c) Every person taking the water shall be considered as having expressed their his consent to be bound thereby, and whenever any of the rules, regulations and rates is violated, the right is reserved to shut off the water without notice other than that as proscribed by this code and California law., and the The person whose water is shut off shall forfeit all payments made, and the water shall not be turned on again until all unpaid amounts due rents and charges are paid, together with the applicable charge of one dollar for the turning on the same again. (d) Payments may be made either by mail, or by authorized payment locations/method as determined by the finance department. Payments may be made by cash, or check, or through other City-authorized payment methods as determined by the finance department.
(e) Dishonored payments (e.g., insufficient funds) shall be subject to a return payment fee as established by the city council. Failure to immediately redeem an account following return of a dishonored payment shall subject the customer to service termination after five (5) days’ notice and as applicable pursuant to this code and state law. Terminated service shall not be reestablished until the amount due is paid in cash along with a reconnection fee as established by the city council. After the second dishonored payment on an account within 24 months, the customer will be placed on a “cash only” basis.
(Ord. 75 § 4, 1911).
12.04.050 Application for water supply.
(a) Application for water service shall only be in the name of the owner(s) of the property. Owners of rental properties receiving City utility services, must establish a billing account for each property so served. The property owner of any property receiving services, has primary responsibility for payment of those services and all charges related thereto. Multiple property owners for a single parcel, shall each bear responsibility for the monthly utility charges incurred for any and all services provided to such property. (b) All persons desiring a water supply from the city's waterworks must make a written or printed application at the office of the director of public works, consistent with information required pursuant to such application and required under this chapter. stating fully and fairly all and severally the various uses to which the water is to be applied, and give the name of the licensed plumber selected to introduce the water to the premises of the consumer; and whenever thereafter any addition thereto, extension or alterations of service pipe or plumbing or fixtures are required, notice therefore must be given to the director of public works. Applicants must be 18 years Yreka City Council Agenda
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of age or older, must provide proper identification, and pay the required set up fee as established by the city council and set by resolution.
(Ord. 75 § 5, 1911).
12.04.060 Billing procedure; Discontinuance of water service and reconnection. (a) Utility services shall be billed monthly. All charges shall be billed one month in arrears. Each billing period shall represent as near as possible one month’s service. New services, which may have been connected after the beginning of the billing period and discontinued services, which may have been terminated before the end of the billing period, will not be billed the full months’ services. (b) It is the responsibility of each customer to terminate their utility service with the City. Requested water shut off in an attempt to evict a tenant is prohibited. Any request for shut off of a known rental property will require a fifteen-day notification of tenant via door hanger by the City to ensure the property is not occupied.
Upon property owner request for termination, service will only be transferred out of the property owners name under the following conditions:
1.. the property has sold to a new owner. The service transfer date shall, when possible, coincide with the escrow closing date; or
2. the property is in foreclosure and the financial institution or property management for the financial institution has requested service be transferred to them. (c) Utility service base rate charges are based on the rates established by the city council and set by resolution. Flat rate charges for new or discontinued services shall be prorated when service for a full billing period is not received. Water consumption charges shall be billed based on meter readings obtained each month at approximate 30 day intervals. Water consumption is calculated in gallons. Consumption charges are based on the rates established by the city council and set by resolution. (d) Billing and payment of City utility service charges are inseparable. Utility service remains in the name of the account holder until proof of new ownership. No new account will be established at a property with a delinquent bill.
(e) Utility billings are due upon receipt and if not paid by the specified due date are considered delinquent.
Delinquent accounts are subject to penalty, service disconnect and disconnect fee as established by the city council and set by resolution. Customer service accounts with past due balances unpaid on or before the due date, shall have the water service shut off after due notice. Due dates and turn off dates are determined by the finance department. Accounts are considered past due if payment is not received by the next bill date. Delinquency notices will be sent no less than 60 days prior to termination of service for delinquency, and notice of shut off will be provided no less than 7 business days prior to termination of service after such delinquency period. To avoid shut off, customers must pay their bill in full by any city approved payment method. Customers requesting alternative payment plan arrangements may do so by appearing in person at city hall no less than one day prior to termination date. The payment arrangement process shall be established by the City finance department. Any property where service has been discontinued for non-payment shall not have service restored without all arrearages plus fees and penalties as established by the City council and set by resolution first being paid. (f) In the case of a property or dwelling unit receiving water service from the city becoming vacant whether for voluntary or involuntary discontinuance of service, the fixed rate shall be charged and no allowance or rebate shall be made from the regular rates specified in this chapter, whether the water has been actually used or not, and regardless of whether the water service has been discontinued. Regardless of whether the property owner was or was not the consumer, the property owner has primary responsibility for payment of all water service charges accruing from and after any disconnection pursuant to Section 12.12.020. If the consumer of any delinquency of whose account resulted in termination of water service was a tenant, rather than the owner, of the Yreka City Council Agenda
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premises receiving water service, a new tenant or the owner shall bear no penalty or responsibility for the outstanding balance on the prior consumer's account or for the discontinuance of service. If a subsequent tenant desires service, service shall be reconnected in the same manner and for the same cost as any new water service.
For the purposes of this section, the term "subsequent tenant" shall not include any adult person who lived at the premises during the period that the charges or penalties accrued. (g) Reconnection at a property for non-payment shall not have service restored until either all account arrearages have been paid in full, or a written payment agreement has been established. (h) Where the city overcharges or undercharges a customer as the result of a billing error, the city will render an adjusted bill for the amount of the undercharge, without interest, and shall issue a refund or credit to the customer for the amount of the overcharge, without interest. Adjusted billing shall be computed back to the date that the city determines the billing error commenced or a maximum time as set by the finance department. Billing estimates shall be based on the method set forth by the finance department. (Ord. 805 § 2, 2008).
12.04.070 Tapping water pipes; Unauthorized service connections. (a) No person will be permitted to tap any of the water pipes of the main line of distributing system, or to insert tees, stopcocks or ferules therein, except under the personal direction and supervision of the director of public works; and notice of any such work must be given the director at least twenty-four hours previous to the commencement of the work.
(b) Any attempt by a customer or other persons to connect or reconnect to the city water service by any means, shall constitute theft of services which may be prosecuted as a violation of this code or pursuant to state law.
(c) Any customer who provides water service to another parcel when that receiving parcel’s water service has been disconnected for any reason, shall be considered as having made an unauthorized connection and will constitute a violation of this code and may be prosecuted as a violation of this code or pursuant to state law. (d) Any person who provides water service to another parcel without authorization of the water department for a cross-parcel transfer, shall be considered as having made an unauthorized connection and will constitute a violation of this code and may be prosecuted as a violation of this code or pursuant to state law. (Ord. 75 § 7, 1911).
12.04.080 Expenses of tapping water pipes paid by applicant.
All expenses attending the tapping of the water main, the furnishing of corporation cock, the introduction of water from the water main curb and the expense of keeping same in repair must be paid by the applicant. (Ord. 75 § 8, 1911).
12.04.090 Liability of plumber and city for work done.
The licensed plumber named in the application for the water will be considered as the agent for the applicant while employed in the prosecution of the work named in the application, and the waterworks department will not in no wise hold itself responsible for their his acts while so employed. (Ord. 75 § 9, 1911).
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12.04.100 Size of taps—Quality of service pipe.
The size of the tap to be inserted in any water main shall not be over seven-eighths inch standard, unless by special permit of the water department and the quality of the service pipe between the tap in the street main to the inside of the curb line, curb cock and curb box under application will be determined by the water department. (Ord. 75 § 10, 1911).
12.04.110 Service pipe connections.
Service pipe connections will be made at right angles with any main passing the premises, and the service pipe will be carried in a direct line to the inside of the curb line of the street, at which a metallic curb cock box of such form and construction as may be approved by the water department shall be inserted and properly connected with the water service pipe.
(Ord. 75 § 11, 1911).
12.04.120 Map or diagram to show location of service pipe.
When water mains have not been laid in front of premises to be supplied with water, a map or diagram or other explicit directions will be furnished the applicant by the water department as to point of attachment, to street main; the method of attachment; the position and depth of the service pipe in the street and the material of which it shall be composed.
(Ord. 75 § 12, 1911).
12.04.130 Laying service connection with water mains—Permit required.
No person will be allowed to open any trench in the streets or alleys of the city for the purpose of laying any service connection with the water mains of the city's waterworks, nor to make any attachment thereto, nor alterations to any service pipe in advance of receiving a written or printed permit duly issued by the director of public works, and if the work embraced therein is not completed within one month from the date of the permit, then the permit will be null and void and a new permit must be secured before the work is done. (Ord. 75 § 13, 1911).
12.04.140 Excavation.
All excavations in the streets and alleys of the city for the purpose of laying water pipes must be made and refilled in conformity with the ordinances and requirements of the city council, and the work must be carried on in a manner which will occasion the least inconvenience to the public. Open trenches must be duly guarded for the protection of the public and they will remain open at the risk of the applicant for water. (Ord. 75 § 14, 1911).
12.04.150 Backfilling trenches.
The backfilling of any trench in any public street, alley, place or other public grounds, must in all cases be thoroughly settled and the pavement or other surface improvement be replaced within twenty-four hours from the time the connection is made, and the street must be left in as good and satisfactory condition as before the excavation was commenced. All refuse or surplus earth, timber, stone or other material shall be fully and immediately removed from the street by the owner or plumber. (Ord. 75 § 15, 1911).
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12.04.160 Maintenance of service pipes.
The city will maintain and keep in repair each service pipe between the mains and the curb cock controlling the service, providing the same is in the roadway; providing also that the service has been inserted in full compliance with the rules governing the introduction of the water, and provided the failure of the service or injury thereto rendering repairs necessary does not result from some improper act or omission on the part of the owner or tenant of the premises supplied with water by the service pipe. (Ord. 75 § 16, 1911).
12.04.170 Branch service pipes—Stopcock required.
When more than one building is supplied by a single tap through two or more branch service pipes, then on each branch service pipe and always near the curb line of the sidewalk, a stopcock must be inserted and connected so that water may be shut off from each rate payer when necessary. (Ord. 75 § 17, 1911).
12.04.180 Plumber to shut off water.
No plumber shall leave the water turned on for any premises after completing the plumbing. (Ord. 75 § 18, 1911).
12.04.190 Reconnection of service pipes.
When service pipes are found disconnected at the corporation cock, they must be reconnected only by the director of public works.
(Ord. 75 § 19, 1911).
12.04.200 Right of entry.
Any authorized officer of the city shall have full right and authority to enter at all reasonable hours to all parts of premises supplied with water to see that the rules and regulations of this chapter are complied with. (Ord. 75 § 20, 1911).
12.04.210 Payment of charges to director.
Charges for furnishing corporation cocks and making taps must be paid to the director of public works before the water will be turned on.
(Ord. 75 § 21, 1911).
12.04.220 Using water during fire unlawful.
In case of fire or an alarm of fire it is unlawful for any person using water from the city waterworks, to permit faucets to run, or to use water during the continuance of any fire or conflagration within the city, and it shall be the duty of every person, immediately upon the sounding of any fire alarm to shut off and cease to use water for any purpose, save and except for human consumption and to extinguishment of such fire, or the saving of adjoining property.
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(Ord. 75 § 22, 1911).
12.04.230 Cutting off water during fire.
In case of fire or an alarm of fire, or in making repairs, or construction work, the city council reserves for its duly authorized agents the right to shut off water from any customers, or any number of customers, without notice, and to keep it off as long as it may be necessary and will not be liable for any consequent damage; and no reduction will be made from the water bills by reason of such cutting off of water. (Ord. 75 § 23, 1911)
12.04.240 Limitation of water supplied.
The water department shall have the right to limit the amount of water furnished to any customer should circumstances seem to warrant such action, although no limit may be stated in the application or permit for such use.1
(Ord. 75 § 24, 1911).
12.04.250 Setting gates and water valves for more.
The chief engineer of the fire department shall have full authority in case of fire, to set the gates and water valves on the water mains so as to secure the greatest possible pressure at the point where it is required, and it is their his duty to see, after each fire, that the gates and fire hydrants are restored to the conditions in which they were previous to the fire, and to report that this has been done to the director of public works. (Ord. 75 § 25, 1911).
12.04.260 Attaching hose to fireplug—Permit required.
No person or persons shall attach any hose to any fire hydrant or fire plug for any purpose or allow any water to be discharged therefrom (except a member of the fire department at a fire or for the purpose of practice or for washing off the apparatus) without having obtained a permit from the water department. (Ord. 75 § 26, 1911).
12.04.270 Service to another premises not connected to water mains. (a) No person, firm or corporation, hereinafter referred to as "customer," shall run or permit any water in the service pipe to their his or its premises, to run or be taken or transported or piped or conducted upon or into another lot or property, or dwelling house, apartment house, building or structure than that to which their his or its service pipe is connected. Provided, however, that any customer who desires to furnish water habitually to another or others, at premises not separately connected to the city mains, may, upon application and agreement to pay all charges therefor, be charged and shall pay for water thus furnished, and may furnish water to such other or others. Any customer who or which furnishes water habitually to another or others, at premises not separately connected to the city mains, shall be charged and shall pay for water thus furnished to such other or others at the same rate as that which such other or others would have had to pay were the premises of such other or others separately connected. In determining the applicable rate of charge, such water shall be deemed to have been divided equally among the premises served or furnished through such connection.
(b) Each dwelling house, each apartment house, and each building or structure to which water or water service is furnished shall be separately connected to the water mains of the city and no water from any such 1 3. See chapter 12.12.
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dwelling house, apartment house, building or structure, except as provided by subdivision (a) of this section, shall be conveyed to or be used in any other dwelling house, apartment house, building or structure, except that water furnished to any individual or separate dwelling house, apartment house, building or structure may be used for watering the surrounding grounds on the land, lot or parcel of the owner or tenant of the land, lot or parcel upon which such building is situated, as well as in any outbuilding thereto appurtenant but not used for a dwelling, business, industrial or manufacturing purpose, and provided further that each motel, auto court, or trailer court may nevertheless be served as one single building or structure whether the individual units thereof be connected in one building or structure or be separate buildings or structures. (Ord. 334, 1959: Ord. 75 § 27, 1911).
12.04.280 Reserved.
Editor's note(s)—Ord. No. 841, § 2, adopted Aug. 20, 2015, repealed § 12.04.280, which pertained to water for irrigation and derived from Ord. 75, § 28, adopted in 1911.
12.04.282 Emergency water connections outside city limits.
Upon application of any person owning real property contiguous to the city limits of the city of Yreka, the city council may grant authorization to said applicant to connect to the city water provided the following conditions are satisfied:
(1) Water will be used solely for domestic purposes serving existing structures which were previously serviced by an adequate water system which can no longer be reasonably utilized due to the unavailability of groundwater upon the subject property. "Domestic purposes" is defined as the use of the water for ordinary, everyday household use of a single-family dwelling, including irrigation of outdoor landscaping up to ten thousand square feet, but with no agricultural uses. (2) All costs of installation and connection with the city system shall be borne by the applicant, including fees normally charged by the city to properties within the city for a connection. (3) The applicant will agree to pay water fees pursuant to Section 12.04.410(b). (4) Water furnished by the city will not be utilized or provided to new buildings or structures or utilized for other development of the subject property.
(5) The city shall have the right in its sole discretion to terminate the right to receive water from the city system upon reasonable notice, said notice not to be less than ninety days. Applicant proceeds at their his or her own risk that the water supply will not be terminated in connection with action by the State Water Resources Control Board.
(6) The applicant shall execute a contract for recordation in a form approved by the city attorney setting forth the terms and conditions for water use pursuant to this section. (Ord. 803 § 2(part), 2008: Ord. 634, 1988).
12.04.290 Reserved.
Editor's note(s)—Ord. No. 841, § 2, adopted Aug. 20, 2015, repealed § 12.04.290, which pertained to wasting water prohibited and derived from Ord. 75, § 29, adopted in 1911.
12.04.300 Right to place water meters.
The water department assumes the right to place water meters on any and all taps and to charge meter rates whenever they see" fit to do so”. All meters thus set shall be and will remain the property of the city, and may be removed at any time by the water department.
(Ord. 75 § 30, 1911).
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12.04.310 Meter installment charge.
(a) For the installation of each water meter pursuant to the provisions of Section 12.04.300, except meters installed as replacements for meters theretofore installed, the applicant shall, pursuant to Section 12.04.050, pay to the water department of the city a meter installment charge fixed as follows:' Such charges as are heretofore or hereafter designated by resolution of the city council. (b) For replacement of meters with meters of a different size, the charge shall be the amount of the difference between the charge herein fixed for the meter previously installed and that herein fixed for the meter to be installed as a replacement, if replacement is made at the request of the consumer. If such replacement is upon the motion of the water department there shall be no charge pursuant to the provisions of this subsection.
(Ord. 459 (part), 1971: Ord. 394, 1966; Ord. 213, 1946; Ord. 75 § 30.1, 1911).
12.04.320 Defective meter record.
When the consumer of water disputes the record of the meter, it shall be their his duty to show to the satisfaction of the water department how or why such record is defective; otherwise the record of the meter shall be taken as conclusive, and in cases where the record of the meter has been found defective the water department will make an arbitrary charge for the water that has been used. (Ord. 75 § 31, 1911).
12.04.330 Interference with water system—Penal.
Any customer or other person found interfering or injuring any water meter, shut off, tap or faucet is guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars or by imprisonment in the city jail for not exceeding six months, or by both such fine and imprisonment. (Ord. 440 § 1 (part), 1970; Ord. 75 § 32, 1911).
12.04.340 Permits for water use for building purposes.
The water department will issue permits for the use of water for building purposes, and fix a rate for same based on quantity of water to be used, upon certificate of the architect in charge of the work, specifying the number of bricks, perches of stone, cubic feet of concrete and square yards of plastering, or other purposes not enumerated in the foregoing for which water will be used, payment of the water rates shall be a condition precedent to the issuance of the permit.
(Ord. 75 § 33, 1911).
12.04.350 Discharge of water used for building purposes.
Water used for building purposes must be directly from the hose into the mortar beds, or other water tight receptacle and must not be discharged upon the ground or into or through a trench. The builders must properly guard the hose connection or cock through which they take the water so as to render it inaccessible to others. (Ord. 75 § 34, 1911).
12.04.360 Motors and elevators.
Water for motors and elevators shall be furnished only through meters at schedule rates. All such meters must be provided at the owner's expense, and must be of a pattern approved by the water department, they must be kept in repair and proper working order at the expense of the owner, and in case they fail to register, an arbitrary Yreka City Council Agenda
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charge will be made by the water department, which shall have the right to shut off the water during the time the register is out of order.
(Ord. 75 § 35, 1911).
12.04.370 Permit for horse watering fixture.
No permit for the use of water for any horse water fixture will be issued by the water department until the permission for the maintenance thereof shall have first been secured from the city council. (Ord. 75 § 36, 1911).
12.04.380 Accrual of water rates.
Water rates shall in all cases commence to accrue when water is turned on, at schedule rates proportioned for the period from that date until the following last day of such month. (Ord. 75 § 37, 1911).
12.04.390 List of delinquent water consumers.
It shall be the duty of the director of finance to monitor water accounts for payment delinquencyand enforce this chaptcollector of water rents to file with the city council on the first Thursday of each month, at its regular meeting, a list dated and signed, of all the water consumers defaulting in their payments up to five p.m. of the thirtieth of the previous month, together with the amount of water rents and penalties due from each consumer set opposite their his name, and it shall be the duty of the director of public works to proceed to turn off the water from the premises of each and every consumer so delinquent and he shall cause such service to be discontinued within forty-eight hours after the filing of the delinquent list. (Ord. 271 § 1, 1951: Ord. 75 § 39, 1911).
12.04.400 Council to furnish books and receipts.
The city council shall furnish the director of public works and the collector of water rent with the necessary resourcesbooks, blanks, and receipts for carrying on the provisions of this chapter. (Ord. 75 § 40, 1911).
12.04.410 Meter rates.
(a) The charge for water supplied and furnished by the city within its corporate limits shall be set by resolution of the city council of the city of Yreka consistent with state law. (b) For all water furnished or delivered for use or used outside of the limits of the city except water furnished or delivered from the Fall Creek main, being the water pipeline or main to be constructed for the transportation of water lines from Fall Creek in Siskiyou County to the city, meter rates shall be one and one-half times the rates provided for in subsection (a) of this section.
(c) For all water furnished or delivered directly from the Fall Creek main, being the pipeline or main constructed for the transportation of water from Fall Creek in Siskiyou County to the city, for use or used outside the corporate limits of the city, meter rates, for any amount up to and including the first ten thousand gallons of water furnished and delivered each month, shall be one and one-half times the rate provided by subsection (a) of this section, and for each one thousand gallons, or parts thereof, of water furnished and delivered each month over and above the ten thousand gallons, at five times the highest rate provided by subsection (b) of this section.
Yreka City Council Agenda
June 2, 2026
(d) All water rates are due and payable in advance each month, except metered rates, which are due and payable on the tenth fifteenth of the month following the use. (e) All charges for water consumed or furnished, whether by meter or otherwise, are and shall be payable, at the office of the water rent collector, at the City Hall, and unless paid before the fifteenth of the month following billing, shall become delinquent, and it is made the duty of the director of public works to discontinue service of water to the premises from which the delinquent account arose. A charge of ten dollars will be added to any such delinquent account. A reconnection charge payable in advance in the amount of twenty-five dollars is required if the reconnection is made on a weekday between the hours of eight a.m. and three-thirty p.m. and the amount of fifty dollars on city holidays or any other time. (f) Any person, firm or corporation desiring water service must make an application for such service to the director of public works, at City Hall, and an administration fee to cover the costs of connection in the amount of twenty-five dollars shall be required of every applicant prior to providing service. (Ord. 745 § 1, 1998: Ord. 674, 1992; Ord. 670, 1992; Ord. 639, 1989; Ord. 628 §§ 1, 2, 1988: Ord. 585 § 1, 1983:
Ord. 526, 1976; Ord. 421 §§ l, 2, 1968; Ord. 313 § 1, 1957; Ord. 271 § 2, 1951; Ord. 242, 1948; Ord. 75 § 41, 1911).
12.04.420 Penalty for violation.
Every person, firm, company or corporation violating any provisions of this chapter, unless provided for herein, is guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not exceeding five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. Nothing in this section shall prevent or prohibit such other penalty that may be available under other chapter or California law. (Ord. 440 § 1(part), 1970; Ord. 75 § 42, 1911).
Yreka City Council Agenda
June 2, 2026