If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to assist you. Please contact City offices at (530) 822-4817 at least 72 hours in advance so such aids or services can be arranged. City Hall TTY: 530-822-4732 AGENDA
OCTOBER 4, 2022
REGULAR MEETING
CITY COUNCIL
CITY OF YUBA CITY
5:00 P.M. CLOSED SESSION
SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Dave Shaw
VICE MAYOR ● Wade Kirchner
COUNCILMEMBER ● Marc Boomgaarden
COUNCILMEMBER ● Grace Espindola
COUNCILMEMBER ● Shon Harris
CITY MANAGER ● Diana Langley
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible
AGENDA
REGULAR MEETING
CITY COUNCIL - CITY OF YUBA CITY
OCTOBER 4, 2022
5:00 P.M. CLOSED SESSION
SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s office at 1201 Civic Center Blvd., Yuba City, during normal business hours. Such documents are also available on the City of Yuba City’s website at www.yubacity.net, subject to staff’s availability to post the documents before the meeting.
The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link:https://us06web.zoom.us/webinar/register/WN_Am1_E4H9QCOsaGlT2ZHCiQ. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.
Public Comment:
Any member of the public wishing to address the City Council on any item listed on the closed session agenda will have an opportunity to present testimony to the City Council in the Council Chamber prior to the City Council convening into closed session. Comments from the public will be limited to three minutes. No member of the public will be allowed to be present once the City Council convenes into closed session.
Closed Session
A. Conference with Legal Counsel – Pending Litigation (Pursuant to Government Code Section54956.9(d)(2))
(Gross v. City of Yuba City et al.; Claim No. 4020102893-0001; claims regarding an arrest/incident on April 12, 2020 resulting in alleged damages or injury) Regular Meeting
Call to Order
Roll Call
__ Mayor Shaw
__ Vice Mayor Kirchner
__ Councilmember Boomgaarden
__ Councilmember Espindola
__ Councilmember Harris
Invocation/Inspiration
Pledge of Allegiance to the Flag
City Attorney's Report on Closed Session Items, City Attorney Shannon Chaffin Agenda Modifications/Approval of Agenda
Ceremonial Presentations
1. Geweke Pink October Recognition - 25 Years
2. Domestic Violence Awareness Month Proclamation
Public Communication
3. Appearance of Interested Citizens
You are welcome and encouraged to participate in this meeting. Public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda will be considered at this time. Public comment is limited to three minutes per speaker. Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted five minutes to comment per speaker.
Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.
Consent Calendar
All matters listed under Consent Calendar are considered to be routine and can be enacted in one motion. There will be no separate discussion of these items prior to the time that Council votes on the motion unless members of the City Council request specific items to be discussed or removed from the Consent Calendar for individual action.
4. Minutes from the September 20, 2022 meeting
Recommendation: Approve the September 22, 2022 meeting minutes
5. Assembly Bill 1276 Single-Use Foodware Accessories and Standard Condiments
Recommendation: Adopt a Resolution authorizing the Public Works Department - Environmental Compliance Division, as the enforcement
agency to enforce the requirements of AB 1276, Single-Use Foodware Accessories and Standard Condiments
6. Update to Agreement for City Attorney Services
Recommendation: Adopt a Resolution Approving First Amendment to Contract for City Attorney Services, City of Yuba City
7. Appointments to City of Yuba City Boards and Commissions Recommendation: Approve the City Council Screening Committee Recommendations for Appointments to the Personnel Board Business Items
8. Community Sponsorship Requests
Recommendation: Consider the sponsorship requests from the Sutter County Community Memorial Museum Association, and if approved:
A. Adopt a Resolution to approve a monetary sponsorship request from the Sutter County Community Memorial
Museum Association of up to $1,000.00 for sponsorship of the Annual Trees & Traditions fundraiser event
9. Wastewater Treatment Facility (WWTF) Effluent Outfall Diffuser Relocation Project – State Revolving Fund grant/loan application
Recommendation: A. Adopt a Resolution designating and authorizing the Public Works Director or designee to execute the Clean Water State Revolving Fund Construction Financial Assistance Application and Amendments or Changes thereto, and to certify financing agreement disbursement on behalf of the City for the WWTF Effluent Outfall Diffuser Relocation Project upon future Council approval.
B. Adopt a Resolution stating the City’s intent to comply with all conditions of the State Water Resources Control Board’s Clean Water State Revolving Fund Loan Program Reimbursement
Resolution requirements for the WWTF Effluent Outfall Diffuser Relocation Project.
10. Selective Traffic Enforcement Grant, to include DUI Enforcement and Education Efforts
Recommendation: A. Adopt a Resolution authorizing the Chief of Police to accept $170,000 in grant funding from the 2022/2023 Selective Traffic Enforcement Program and approve expenditure
recommendations
B. Authorize a supplemental appropriation in the amount of $170,000 to Account No. 100-43409, 2169-61430, 2169-62801, and 2169-69201 and 2169-63801
11. Technical refinements to the Camping and Storage of Personal Property Ordinance
Recommendation: Introduce an Ordinance of the City Council of the City of Yuba City, California, Renumbering/Re-Lettering Yuba City Municipal Code Section 5.23.050 by title only, and waive the first reading Future Agenda Items
12. Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Espindola
- Councilmember Harris
- Vice Mayor Kirchner
- Mayor Shaw
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
13. City Manager's Report
14. City Council Reports
- Councilmember Espindola
- Councilmember Harris
- Councilmember Boomgaarden
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment
Proclamation
of the City Council
DOMESTIC VIOLENCE AWARENESS MONTH
OCTOBER 2022
WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security and humanity due to the systematic use of physical, emotional, sexual, psychological and economic control and/or abuse; and
WHEREAS, domestic violence leaves an imprint of fear and hostility; and WHEREAS, the problems of domestic violence are not confined to any group or groups of people but cross all economic, racial, affectional preference and social barriers, thereby affecting society as a whole; and
WHEREAS, in the City of Yuba City, adults and children are victims of violence each year; and
WHEREAS, research shows that by creating communities where people are connected, supported and care for one another can reduce incidents of domestic violence; and WHEREAS, the City of Yuba City is committed to restoring the right to freedom from fear in our own homes and our communities; and
WHEREAS, in our quest to impose sanctions on those who break the law by perpetrating violence, we must also meet the needs of victims of domestic violence and their children who often suffer grave financial, physical, and psychological losses.
NOW, THEREFORE, BE IT RESOLVED, I, Dave Shaw, Mayor of the City of Yuba City and on behalf of the entire City Council, do hereby proclaim the month of October 2022 as Domestic Violence Awareness Month. We urge all citizens, agencies, and businesses to WORK TOGETHER AS A TEAM IN OUR COMMUNITY THROUGH
PREVENTION, INTERVENTION AND EDUCATION PROGRAMS, TO TAKE A STAND until society has zero tolerance for domestic violence.
Done on this 4th day of October 2022 in the City of Yuba City, County of Sutter, State of California.
CITY OF YUBA CITY
Public Communication
Members of the public may address the City Council on items of interest that are within the City’s jurisdiction. Individuals addressing general comments are encouraged to limit their statements.
Procedure
You are welcome and encouraged to participate in this meeting. Complete a Speaker Card located in the lobby and give to the Clerk, public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda, will be considered at this time.
When a matter is announced, wait to be recognized by the Mayor to provide your comments to the Council. Comments should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.
Request for additional time to address Council
Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted 5 minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.
Procedure
When requesting to comment, please indicate your name and the topic and mail to:
City of Yuba City
Attn: City Clerk
1201 Civic Center Blvd
Yuba City CA 95993
Or email to:
Jackie Sillman, City Clerk
[email protected]
Agenda Item 4
CITY OF YUBA CITY
STAFF REPORT
Date: October 4, 2022
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes from the September 20, 2022 meeting
Recommendation: Approve the September 22, 2022 meeting minutes Fiscal Impact: None
Attachments:
1. 09-20-22 - Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:
Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager
ATTACHMENT 1
MINUTES (DRAFT)
CITY COUNCIL - CITY OF YUBA CITY
SEPTEMBER 20, 2022
5:00 P.M. CLOSED SESSION
SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
Call to Order
The Closed Session Meeting of the City Council was called to order by Mayor Shaw at 5:01 PM Roll Call
Present: Mayor Shaw, Vice-Mayor Kirchner, and Councilmembers Boomgaarden, Espindola, and Harris
Absent: None
Closed Session
A. Conference with real property negotiator (Govt. Code § 54956.8) Property:
APN: 59-010-119, approximately 2 acres generally located at the northwest corner of Poole Boulevard and Civic Center Field, Yuba City, CA 95993 Negotiator: Diana Langley, City Manager
Negotiating parties: Robert Leal, Ron Scott and Holly Shackleford Under negotiation: Price and terms of payment
B. Conference with real property negotiator (Govt. Code § 54956.8) Properties:
APN: 51-62-026, 1.58 acres generally located on Providence Court, west of Clark Avenue and south of Kensington Way, Yuba City, CA 95991
APN: 51-660-084, 0.19 acres generally located on Providence Court, west of Clark Avenue and south of Kensington Way, Yuba City, CA 95991 APN: 57-150-001, 0.47 acres located at 217 S Walton Avenue, Yuba City, CA 95991 APN: 57-150-050, 1.0 acres located at 211 S Walton Avenue, Yuba City, CA 95991 APN: 57-220-065, 0.11 acres generally located on S Walton Avenue between 211 and 217 S Walton Avenue, Yuba City CA 95991
Negotiator: Diana Langley, City Manager
Negotiating parties: Habitat for Humanity
Under negotiation: Price and terms of payment
C. Public Employee Performance Evaluation (Pursuant to Government Code §54957(b)(1).) Position: City Attorney
Mayor Shaw recused himself from items related to Providence Court No public comment received
Regular Meeting
The Regular Meeting and the Successor Agency to the Redevelopment Agency Meeting was called to order by Mayor Shaw at 6:05 PM
Roll Call
Present: Mayor Shaw, Vice-Mayor Kirchner, and Councilmembers Boomgaarden, Espindola, and Harris
Absent: None
Invocation/Inspiration
Pastor Ron Fortenberry, YCPD Chaplain
Pledge of Allegiance to the Flag
Shon Harris, Councilmember
City Attorney's Report on Closed Session
No reportable action
Agenda Modifications/Approval of Agenda
No changes were made
Ceremonial Presentations
1. Paul Hatfield Retirement Proclamation
Mayor Shaw presented a proclamation to Paul Hatfield, Police Sergeant
2. Senior Center Proclamation
Mayor Shaw presented a proclamation to Senior Commissioners John Boyer, Tony Kurlan, and Recreation Supervisor Jessica Chiechi
3. Emergency Preparedness Proclamation
Mayor Shaw presented a proclamation to Jesse Alexander, Yuba City Fire Chief
4. Kristel Martin, Downtown Business Association Certificate of Appreciation Mayor Shaw presented a Certificate of Appreciation to Kristel Martin, formerly of our Downtown Business Association via MS Teams
5. SACOG Blueprint Project Presentation
SACOG Executive Director, James Corless gave a presentation
6. Zonehaven - County Zach Hamill Presentation
Sutter County Emergency Operations Manager, Zach Hamill gave a presentation Public Communication
7. Appearance of Interested Citizens
Amarjit Kaur spoke
John Nicoletti spoke
Consent Calendar
No public comments were received on Consent Calendar items 8-10 Councilmember Espindola moved and Vice-Mayor Kirchner seconded the motion to:
8. Minutes from the September 2 and 6, 2022 meetings
Approve the September 2 and 6, 2022 meeting minutes
9. Acceptance of 2021 Assistance to Firefighter Grant
A. Adopt Resolution 22-140 authorizing the Fire Chief to accept the 2021 Assistance to Firefighters Grant in the amount of $35,360.60
B. Authorize the Finance Director to make a supplemental budget appropriation for grant revenues to 100-43120 and grant expenditures to 2327-63404 in the amount of $35,360.60, and transfer the 10% match from unallocated general funds
10. Rezone 22-01 to remove the X8 District Overlay located East of the Intersection of Sutter and Market Street
Adopt Ordinance 010-22 of the City Council rezoning Accessor’s Parcel Numbers 51- 550-029, -030, -040, -041, -042-and -043, located east of the intersection of Sutter and Market Street to remove the X8 District Overlay, and waive the second reading The motion was passed with a unanimous vote
Business Items
11. City Housing Loan Programs Administration - Agreement with Habitat for Humanity
Vice-Mayor Kirchner moved and Councilmember Espindola seconded the motion to:
Adopt Resolution 22-141 authorizing the City Manager to enter into the Subrecipient Agreement with Habitat for Humanity Yuba/Sutter for the administration of the City’s housing loan programs with the finding that entering into the Agreement is in the best interest of the City
The motion was passed with a unanimous vote
12. 2021 CDBG - Consolidated Annual Performance and Evaluation Report Mayor Shaw opened a Public Hearing
No public comment
Mayor Shaw closed the Public Hearing
Councilmember Espindola moved and Councilmember Boomgaarden seconded the motion to:
B. Adopt Resolution 22-142 approving the 2021 CAPER and authorizing staff to submit all necessary documents to the U.S. Department of Housing and Urban Development (HUD)
The motion was passed with a unanimous vote
13. Emergency Operations Plan-Draft
Received a presentation on the draft Emergency Operations Plan No action taken
Future Agenda Items
14. Future Agenda Items
No suggestions
Reports and Communications
15. City Manager's Report
16. City Council Reports
- Councilmember Espindola
- Councilmember Harris
- Councilmember Boomgaarden
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment
Mayor Shaw adjourned the Regular Meeting of the City Council at 8:12 PM ____________________________
Dave Shaw, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk
Agenda Item 5
CITY OF YUBA CITY
STAFF REPORT
Date: October 4, 2022
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Assembly Bill 1276 Single-Use Foodware Accessories and Standard Condiments
Recommendation: Adopt a Resolution authorizing the Public Works Department - Environmental Compliance Division, as the enforcement agency to enforce the requirements of AB 1276, Single-Use Foodware Accessories and Standard Condiments Fiscal Impact: Minor fiscal impact associated with printing and distributing educational materials related to AB 1276 to food establishments within Yuba City Purpose:
To comply with AB 1276, a new law established to reduce single-use foodware and standard condiments in the waste stream.
Council's Strategic Goal:
While this item does not necessarily align with Council's goals, it is necessary to comply with the law.
Background:
Single-use foodware accessories (e.g. utensils, straws, stirrers, etc.) and standard condiments are very common in the waste stream, and are often automatically given to customers without their specific request. AB 1276 - Single-use Foodware Accessories and Standard Condiments - was signed into law by Governor Newsom on October 5, 2021. AB 1276 restricts restaurants and other food establishments from providing single-use foodware accessories and standard condiments to a consumer unless requested by the consumer. A Fact Sheet prepared by the California Department of Public Health is included as an attachment.
AB 1276 is codified in the California Public Resource Code, Sections 42270 through 42273, and requires that a city or county authorize an enforcement agency to enforce the requirements. Sutter County has designated the Development Services Department - Environmental Health Division as the enforcement agency for the unincorporated areas of Sutter County. Sutter County staff will distribute an educational handout detailing the requirements of AB 1276 to facilities including those facilities within the City limits as part of the current food facility inspections. Included is a copy of Sutter County's
informational flyer related to AB 1276.
Analysis:
Staff recommends that City Council designate the Public Works Department - Environmental Compliance Division as the enforcement agency for Yuba City. The Environmental Compliance Division makes contact with food establishments throughout the year as part of the Fats, Oils, and Grease (FOG) Program, and will coordinate with Sutter County to help provide educational materials related to AB 1276 to affected establishments.
AB 1276 provides for penalties in which first and second violations will receive a notice of violation, and any additional violations will carry a $25 fine for each day in violation, not to exceed $300 annually.
Staff will take an "education first" approach to make sure that the food establishments are aware of the requirements, and will only use the violation process as a last resort for ongoing or blatant violation of the law.
Fiscal Impact:
Minor fiscal impact associated with printing and distributing educational materials related to AB 1276 to food establishments within Yuba City.
Alternatives:
The City Council may authorize a different Division or Department to serve as the enforcement agency.
Recommendation:
Adopt a Resolution authorizing the Public Works Department - Environmental Compliance Division, as the enforcement agency to enforce the requirements of AB 1276, Single-Use Foodware Accessories and Standard Condiments
Attachments:
1. Attachment 1 - AB 1276 Resolution
2. Attachment 2 - CDPH Fact Sheet AB 1276
3. Attachment 3 - Sutter County Information Flyer AB 1276 Prepared By: Submitted By:
Diana Langley
City Manager
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AUTHORIZING THE PUBLIC WORKS DEPARTMENT –
ENVIRONMENTAL COMPLIANCE DIVISION, AS THE ENFORCEMENT
AGENCY TO ENFORCE THE REQUIREMENTS OF AB 1276 –
SINGLE-USE FOODWARE ACCESSORIES AND STANDARD
CONDIMENTS
WHEREAS, Assembly Bill 1276 – Single-Use Foodware Accessories and Standard Condiments intends to reduce the generation and disposal of single-use foodware accessories in certain food facilities; and
WHEREAS, AB 1276 required a city, county, or city and county, to authorize an enforcement agency in accordance with Public Resources Code section 42272.
NOW, THEREFORE, the City Council of the City of Yuba City, does hereby resolve as follows:
Section 1. The City of Yuba City’s Public Works Department – Environmental Compliance Division is hereby authorized as the enforcement agency to enforce AB 1276, specifically Chapter 5.2 Single-Use Foodware Accessories and Condiments of Part 3 of Division 30 of Public Resources Code, within the City of Yuba City.
Section 2. Enforcement may be provided per Public Resources Code Section 42272 where the first and second violations may result in a notice of violation and any subsequent violation shall constitute an infraction punishable by a fine of $25 for each day in violation, not to exceed $300 annually.
Section 3. This Resolution is effective until rescinded by the City Council.
Section 4. This Resolution is effective on the day of its adoption.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 4th day of October 2022.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
State of California—Health and Human Services Agency
California Department of Public Health
TOMÁS J. ARAGÓN, MD, DrPH GAVIN NEWSOM
Director and State Public Health Officer Governor
Assembly Bill 1276 Fact Sheet
Governor Gavin Newsom signed into law AB 1276. The new law changes the Public Resource Code in the area of single-use food accessories and standard condiments. This is an addition to the single-use plastic straws law. The law will take effect January 1, 2022.
SUMMARY OF THE CHANGES:
Public Resource Code
Chapter 5.2 Single-Use Foodware Accessories and Condiments Sec. 2. 42270 – new definitions
(e) “Single-use foodware accessory” means all of the following single-use items provided alongside ready-to-eat food:
1. Utensils, which is defined as forks, knives, spoons, and sporks
2. Chopsticks
3. Condiment cups and packets
4. Straws
5. Stirrers
6. Splash sticks
7. Cocktail sticks
(f) “Standard Condiment” means relishes, spices, sauces, confections, or seasoning that require no additional preparation and tat are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt pepper, sugar, and sugar substitutes.
Important Information for Retail Food Industry by Section Sec.3. 42271
In order to reduce the amount of waste created from single-use items the retail food industry is now required to:
1. Only provide single-use accessories to consumers upon request
2. Only provide single-use accessories required to eat the ready-to-eat food CDPH FDB, MS 7602 ● P.O. Box 997435 ● Sacramento, CA 95899 (800) 495-3232 Email: [email protected]
Department Website (www.cdph.ca.gov)
3. No bundling of single-use accessories or condiments
4. Only offer those single-use items needed to eat or prevent spillage of the ready-to-eat food at a drive-through as well as in a public use airport
5. A third-party delivery platform shall provide consumers with the option to request singleuse accessories
6. A food facility that uses a third-party platform shall customize their menu with a list of available single-use accessories or condiment. Only those items chosen by the consumer will be delivered. If no single-use accessories or condiments are requested non will be provided
7. Unwrapped single-use foodware accessories that are self-serve, standard condiments that are self-serve, and/or bulk dispensed condiments may still be used Sec. 4. 42272
1. A city, county, or city and county have until June 1, 2022 to authorize an enforcement agency for the law
2. First and second violations results in a notice of violation, any additional violation carries a $25 fine not to exceed $300 annually
Sec. 5. 42273
The law does not apply to the following:
1. Correctional institutions
2. Licensed health care facilities
3. Residential care facilities
4. Public and private school cafeterias
2
ATTACHMENT 3
SUTTER COUNTY
DEVELOPMENT SERVICES DEPARTMENT
1130 Civic Center Blvd, Suite A • Yuba City, CA 95993 • (530) 822-7400 www.suttercounty.org
Building Inspection Engineering/Water Resources Planning Code Enforcement Environmental Health Road Maintenance
SINGLE-USE PLASTIC AND CONDIMENT REQUIREMENTS
In order to reduce the amount of waste created by single use utensils and condiments, California law prohibits restaurants from providing these items to customers unless requested.
Retail Food Industry Requirements:
1. Provide single-use accessories to consumers only upon request
2. Provide only the single-use accessories required to eat the ready-to-eat food
3. No bundling of single-use accessories or condiments
4. Only those single-use items needed to eat or prevent spillage of the ready-to-eat food at a drive-through may be offered
5. A third-party delivery platform shall provide consumers with the option to request singleuse accessories
6. A food facility that uses a third-party platform shall customize its menu with a list of available single-use accessories or condiments. Only those items chosen by the consumer may be delivered. If no single-use accessories or condiments are requested none maybe provided
Note: Unwrapped single-use foodware accessories that are self-serve, standard condiments that are self-serve and/or bulk dispensed condiments may still be used *Single-use foodware accessories include forks, knives, spoons, sporks, chopsticks, straws, stirrers, condiments, cups and packets, splash sticks, or cocktail sticks.
*“Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
11.a
Packet Pg. 109 Attachment: Handout (4748 : Authorizing Enforcement Agency for AB 1276)
Agenda Item 6
CITY OF YUBA CITY
STAFF REPORT
Date: October 4, 2022
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Update to Agreement for City Attorney Services Recommendation: Adopt a Resolution Approving First Amendment to Contract for City Attorney Services, City of Yuba City
Fiscal Impact: Rate increases for legal services
Purpose:
To amend the agreement with Aleshire & Wynder, LLP for City Attorney and other legal services.
Background:
On November 15, 2018, the City entered into an Agreement with the law firm of Aleshire & Wynder, LLP (“Firm”) to provide City Attorney and other legal services to the City. Since then the rates have not been adjusted from those originally approved in 2018. However, in more recent years there have been higher than expected inflation and other factors which were not originally anticipated. The City Attorney has requested rate adjustments to address these issues, which are proposed to be phased in next year.
Analysis:
Like other cities and businesses, the City has experienced higher than expected inflation and other factors. This has resulted in a general increase in costs from service providers and suppliers across the board, including for legal services other than those provided by the City Attorney’s Office.
Here, the proposed First Amendment would adjust rates for legal services as detailed in the Amendment. Certain categories of services are proposed to increase, while some others are proposed to decrease. Except as amended, all other terms and conditions would remain the same. Shannon Chaffin would continue to serve as the City Attorney, with the Firm to render legal services as directed by the City consistent with the Agreement.
Fiscal Impact: Rate increases for legal services
Alternatives:
1. Direct further negotiations
2. Do not approve the First Amendment
Recommendation:
Adopt a Resolution Approving First Amendment to Contract for City Attorney Services, City of Yuba City.
Attachments:
1. Resolution - City Attorney Agreement Amendment
Prepared By: Submitted By:
Diana Langley
City Manager
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. __________
RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT FOR CITY
ATTORNEY SERVICES, CITY OF YUBA CITY
WHEREAS, on November 15, 2018, the parties entered into a “Contract Services Agreement for City Attorney Services, City of Yuba City” hereinafter referred to as the (“Agreement”) with the law firm of Aleshire & Wynder, LLP (hereinafter the “Firm”), (“Agreement”); and
WHEREAS, rates have not been adjusted from those approved in 2018, and the parties desire to update the rates to address inflation, living costs, and etc., which rate adjustments shall not take effect until 2023; and
WHEREAS, the City Council desires to continue to retain Shannon L. Chaffin as the City Attorney with the Firm to render legal services as directed by the City consistent with the Agreement, and that all other terms and conditions of the Agreement to remain the same.
NOW, THEREFORE, the City Council of the City of Yuba City does resolve as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by this reference.
SECTION 2. The City Council approves the First Amendment to the Contract Services Agreement For City Attorney Services and authorizes the City Manager to execute the same on behalf of the City.
SECTION 3. This Resolution is effective immediately.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 4th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dave Shaw, Mayor
City of Yuba City
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment: First Amendment To Contract For City Attorney Services, City Of Yuba City
FIRST AMENDMENT TO CONTRACT FOR CITY ATTORNEY SERVICES,
CITY OF YUBA CITY
This FIRST AMENDMENT TO CONTRACT FOR CITY ATTORNEY SERVICES, CITY OF YUBA CITY (the “First Amendment”) is effective as of January 1, 2023, by and between the law firm of ALESHIRE & WYNDER, LLP, a California limited liability partnership (“A&W” or the “Firm”), and the CITY OF YUBA CITY (“City”). The term “City” shall also include all boards, commissions, financing authorities, and other bodies of the City.
Recitals
1. On November 15, 2018, the parties entered into a “Contract Services Agreement for City Attorney Services, City of Yuba City” hereinafter referred to as the (“Agreement”) with the Firm.
2. The Parties now desire to further amend the Agreement by adoption of this First Amendment.
3. Rates have not been adjusted from those approved in 2018, and the Parties desire to update the rates to address inflation, living costs, and etc., which rate adjustments shall not take effect until 2023.
Agreement
Now, therefore, the Parties agree as follows:
1. Exhibit “A,” entitled “Compensation” is hereby replaced in its entirety with the revised Exhibit “A,” attached hereto. The first of the phased rate adjustments will take effect on January 1, 2023.
3. Except as expressly provided in this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto executed this First Amendment to be effective as of the January 1, 2023.
Dated: _________________ “CITY”
CITY OF YUBA CITY,
A municipal corporation
By __________________________
Dave Shaw, Mayor
City of Yuba City
ATTEST:
_______________________
Ciara Wakefield, Deputy City Clerk
Dated: ____________________ “ALESHIRE & WYNDER, LLP”
By ____________________________
Shannon L. Chaffin
[END OF SIGNATURES]
Exhibit A: Compensation.
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01248.0001/821729.1
EXHIBIT A
Compensation
Compensation Table:
January 1, 2023 July 1, 2023
City General Rate Associate $220 $230
Partner $230 $250
City Special Services / Litigation Associate $229 $235
Partner $268 $275
City Risk Management, Code
Enforcement, and Employment
Associate $230 $245
Partner $240 $250
Reimbursable for Developers Associate $290 $290
Partner $315 $325
Reimbursable for Citizens Associate $285 $290
Partner $295 $300
Bond Financing (Non-contingent) Attorney $385 $400
Paralegal $185 $200
Doc Clerk $100 $100
Paralegal $140 $150
Law Clerk $140 $150
Document Clerk $85 $100
1. General Legal Services Defined
General Legal Services are defined as:
(i) Providing routine legal advice, consultation, and opinions to City Council and staff;
(ii) Assisting in the preparation and review of ordinances, agreements, contracts and related documents, forms, notices, certificates, deeds, and other documents required by the City.
(iii) Attending all City Council, Planning Commission and other meetings of Board and Commissions of the City as deemed necessary.
(iv) Attend weekly staff meeting as needed.
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01248.0001/821729.1
(v) Consulting with Councilmembers, City Manager and City staff as needed. (vi) Rendering legal advice and opinions concerning legal matters that affect the City, including new legislation and court decisions.
(vii) Performing research and interpreting laws, court decisions and other legal authorities to prepare legal opinions and to advise the city Council and management staff on legal matters pertaining to City operations. (viii) Monitoring pending and current state and federal legislation and case law as appropriate.
(ix) Coordinating the work of outside counsel as needed and as directed by the City Council and City Manager.
(x) Preparing code enforcement notices, abatement and inspection warrants, abatement liens and special assessments upon property tax. Advising on code enforcement matters.
(xi) Legal analysis of Public Records Act requests and preparation of responses on behalf of the City.
(xii) Preparation and legal analysis of routine City contracts.
A&W shall not charge for travel time or mileage to and from City Hall, but A&W shall charge for travel to attend administrative and judicial proceedings. A&W shall not charge for brief, routine telephone calls with the City Manager and City employees.
2. Special Services Defined
Special Legal Services are defined as:
(i) Code enforcement.
(ii) Civil proceedings to appoint a receiver pursuant to the Health and Safety Code. (iii) Administrative hearings and appeals involving labor and employment, administrative citations, code enforcement, permit and conditional use permit denials.
(iv) Preparing and conducting investigations, representing City staff during investigations.
(v) Preparation and attendance at Pitchess motions.
(vi) Preparation for and attendance at third party depositions of City staff. (vii) Labor negotiations and preparation of personnel rules and procedures. (viii) Labor Commissioner hearings.
(ix) Legal analysis of use of force incidents.
(x) On-call response to use of force incidents.
(xi) Preparation for and attendance at Skelly hearings. (xii) Preparing and advising on employment items including employment notices such as interview notices, notice of intended disciplinary action and notice of disciplinary action.
In addition, the following constitute special legal services: Successor Agency matters, rent control, housing, enterprise funds, franchise negotiations, major contract negotiations, municipal finance matters (other than bonds and similar financial services), environmental and toxics,
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01248.0001/821729.1
water, energy, franchises, utilities and telecommunications, solid waste, mobile home matters, and similar matters requiring special expertise.
3. Litigation Legal Services
Litigation legal service rates apply to the following:
(i) Civil litigation commenced by or filed against the City in state or federal court. (ii) Write of mandate, eminent domain, unlawful detainer, and small claims actions. (iii) Mediations, arbitrations, PERB and OAH hearings.
(iv) Injunctions, restraining orders, judgment liens, and protective orders. (v) State or federal court appellate proceedings.
The litigation services rates provided within this proposal do not include any fees or costs charged by an expert witness or specially retained counsel.
4. Fees Reimbursable by a Third Party
For legal services performed on matters where the City is reimbursed by a third party, such as development agreements, A&W shall charge a rate as set forth in the Compensation Table.
5. Public Financing Defined
For public finance services include the issuance or potential issuance of debt, loans, certificates of participation including formation of assessment or community facilities districts, etc. Rates shall be as set forth in the Compensation Table. Expenses shall be charged at the cost thereof, which expenses shall include the cost of special tax counsel, if applicable, in an amount not to exceed $5,000.00 and not to exceed other expenses fee (excluding special tax counsel) of $2,500.00 per bond transaction.
6. Reimbursable Expenses
In addition to the hourly rates, A&W shall be reimbursed for out-of-pocket expenses such as photocopies ($0.20 per page) and other reproduction costs, facsimile charges, messengers and couriers, court reporters, mileage costs to court and administrative proceedings, travel expenses outside of the City, and other costs and expenses incurred on behalf of the City. Notwithstanding the foregoing, A&W shall not charge for word processing, routine computer-assisted legal research, local calls or mileage to City Council meetings, City Hall or City offices. When on site, A&W shall have the ability to use City copiers and telephones without charge.
A&W shall charge for travel outside of the City in connection with administrative or judicial proceedings, or when traveling outside of Sutter County. Travel costs include mileage (current IRS rate), parking, airfare, lodging, meals, and incidentals. Travel time may also be charged in connection with such proceedings. In addition, the City will be responsible for paying the fees of consultants and other outside experts who are retained after consultation with the City.
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Registration fees for attorneys attending conferences and seminars shall be paid by A&W and are never charged to the City unless attendance is expressly requested by the City.
7. Adjustments
The rates provided here will become effective starting January 1, 2023. On July 1st of each year, the rates will adjust by the consumer price index (CPI) increase over the previous twelve (12) months, including CPI for the rates of July 1, 2023, in the Compensation Table. Any increase will be rounded to the nearest dollar. The CPI shall be set by the Consumer Price Index West Region for All Urban Consumers as published by the United States Government Bureau of Labor Statistics. A&W reserves the right to unilaterally reduce or defer any CPI increase at any time.
Agenda Item 7
CITY OF YUBA CITY
STAFF REPORT
Date: October 4, 2022
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Appointments to City of Yuba City Boards and Commissions Recommendation: Approve the City Council Screening Committee Recommendations for Appointments to the Personnel Board
Fiscal Impact: None
Purpose:
To fill vacancies on the City of Yuba City Personnel Board.
Background:
The City Council Screening Committee, consisting of Mayor Shaw and Vice-Mayor Kirchner, held interviews on September 22 and 23, 2022 for vacancies on the Personnel Board.
The following recommendations are being made at this time:
Recommendation Commission Term Ending
Anthony Kurlan Personnel Board 06/30/2026
David Koll Personnel Board 06/30/2026
Fiscal Impact: None
Recommendation:
Approve the City Council Screening Committee Recommendations for Appointments to the Personnel Board.
A recommendation for the remaining Personnel Board vacancy will be made at a subsequent meeting.
Attachments:
None
Prepared By: Submitted By:
Ciara Wakefield
City Clerk Administrator
Dave Shaw
Mayor
Agenda Item 8
CITY OF YUBA CITY
STAFF REPORT
Date: October 4, 2022
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: George Barlow, Management Analyst
Summary
Subject: Community Sponsorship Requests
Recommendation: Consider the sponsorship requests from the Sutter County Community Memorial Museum Association, and if approved:
A. Adopt a Resolution to approve a monetary sponsorship request from the Sutter County Community Memorial Museum Association of up to $1,000.00 for sponsorship of the Annual Trees & Traditions fundraiser event Fiscal Impact: Monetary Sponsorship in the amount of up to $1,000.00 - Account No. 4220- 66015 (Community Events)
Council's Strategic Goal:
The overarching strategic goal of "Quality of Life."
Purpose:
City sponsorships reflect support of specific programs or events by an organization. The intent is that the public will receive some intrinsic cultural, economic, educational, or entertainment value from the program or event.
Background:
On January 18, 2022, Council adopted an Amended Community Sponsorship Policy which specifies the following factors that will be considered during the approval process:
The City Council will approve all monetary sponsorship requests at a public meeting. Resources available (e.g., budget, staff, workload capacity, etc.) Compatibility with the strategic goals of the City Council and the mission of Yuba City. Impact of an event on City Facilities.
Risk to the City.
The ability of the organization to obtain liability insurance naming the City as an additional insured.
The overall benefit to the community.
The following sponsorship requests were received from:
Sutter County Community Memorial Museum Association
The Museum is a partnership between Sutter County and the Community Memorial Museum Association, a non-profit 501(c)(3) organization. The Association supports all of the public programming aspects of the Museum, including education programs, fundraising events, temporary exhibits, updates to permanent exhibits, and the Museum Store.
The Sutter County Museum shares local stories to strengthen community bonds, inspire the celebration of our diverse cultural heritage, and demonstrate how understanding the past prepares us for the future.
Analysis:
The Amended Community Sponsorship Policy states, "The budget for the Community Sponsorship Program shall be established by City Council each year during the annual budget process," and "applications will be presented to Council quarterly on a first-come, first-serve basis." Through the FY 22/23 Budget, Council established the following.
Account Number Description Funding Budgeted Funding
Available
4220-66010 Community Contributions $15,000 $11,250
4220-66015 Community Events $10,000 $7,500
As noted above, the budgeted funds are to be considered and allocated on a quarterly basis, which provides $3,750 quarterly for Community Contributions and $2,500 quarterly for Community Events.
On July 19, 2022, Council authorized a Community Contribution of $3,750 to the Alliance for Hispanic Advancement and a Community Events sponsorship of $2,500 to Yuba Sutter Arts & Culture.
Fiscal Impact:
Monetary Sponsorship in the amount of up to $1,000.00 from Account No. 4220-66015 (Community Events).
Recommendation:
Consider the sponsorship request from the Sutter County Community Memorial Museum Association, and if approved:
A. Adopt a Resolution to approve a monetary sponsorship request from the County Community Memorial Museum Association of up to $1,000.00 for the sponsorship of the annual Trees & Traditions fundraiser event.
Attachments:
1. RESOLUTION - Community Sponsorship Request Sutter County Community Memorial Museum Assoc
2. Sponsorship Application Sutter Community Memorial Museum Assoc
Prepared By: Submitted By:
George Barlow
Management Analyst
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO._______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING
COMMUNITY SPONSORSHIP REQUEST FOR, THE SUTTER COUNTY COMMUNITY
MEMORIAL MUSEUM ASSOCIATION
WHEREAS, The Sutter County Community Memorial Museum Association, a 501(c)(3) non-profit organization, is requesting community sponsorship funds for their ongoing public program; and, WHEREAS, the City Council of the City of Yuba City (“City Council”) finds that the Sutter County Community Memorial Museum Association, a nonprofit organizations that serves an important public purpose to the community insofar as the public will receive cultural, and educational enrichment from the program; and
NOW, THEREFORE, the City Council of the City of Yuba City does hereby resolve as follows:
Section 1. That the City Council finds the above recitals true and correct.
Section 2. The City Council finds that the Sutter County Community Memorial Museum Association provides events that benefit Yuba City residents. The requested fundraising event is for a qualified non-profit organization that primarily serves Yuba City residents, is open to the general public, and will contribute positively to the recognition and image of the city. Proceeds from the event will help bring innovative, education programs to inspire and celebrate the community’s diverse population. Accordingly, the City Council approves the sponsorship request of up to $1,000 for the Sutter County Community Memorial Museums Association's “Trees and Traditions: Home for Christmas.
Section 3. This Resolution shall take effect immediately and that the Deputy City Clerk shall certify the adoption of this Resolution.
The foregoing Resolution of the City Council of the City of Yuba City is duly introduced, PASSED AND ADOPTED at a regular meeting thereof held on this 4th day of October, 2022 by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Dave Shaw, Mayor
ATTEST:
_____________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
___________________________
Shannon L. Chaffin, City Attorney
ATTACHMENT 2
Agenda Item 9
CITY OF YUBA CITY
STAFF REPORT
Date: October 4, 2022
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Wastewater Treatment Facility (WWTF) Effluent Outfall Diffuser Relocation Project – State Revolving Fund grant/loan application
Recommendation: A. Adopt a Resolution designating and authorizing the Public Works Director or designee to execute the Clean Water State Revolving Fund Construction Financial Assistance Application and Amendments or Changes thereto, and to certify financing agreement disbursement on behalf of the City for the WWTF Effluent Outfall Diffuser Relocation Project upon future Council approval.
B. Adopt a Resolution stating the City’s intent to comply with all conditions of the State Water Resources Control Board’s Clean Water State Revolving Fund Loan Program Reimbursement Resolution requirements for the WWTF Effluent Outfall Diffuser Relocation Project.
Fiscal Impact: Staff time managing existing consultant contracts and supporting the application process. The total project cost and funding terms are dependent on the level of funding success through the program, which is yet to be determined.
Purpose:
To submit an application to acquire grant and low-interest loan funds for the design and construction of the WWTF Effluent Outfall Diffuser Relocation Project. The project is necessary to assure continuous and reliable discharge of treated water from the Wastewater Treatment Facility to the Feather River in compliance with permit requirements.
Council’s Strategic Goals:
This project addresses the City Council’s goal for infrastructure by identifying and addressing the City’s infrastructure financial needs.
Background:
The City of Yuba City Wastewater Treatment Facility (WWTF) treats wastewater from the City’s collection system and disposes of the treated effluent. Operation of the WWTF and discharge of treated effluent to the Feather River is regulated by the Central Valley Regional Water Quality Control Board (CVRWQCB) through amended Order No. R5-2019-0017-01 and National Pollution Discharge
Elimination System (NPDES) Permit No. CA0079260 (WWTF Permit).
Historically, the WWTF has had two options to dispose of treated effluent: (1) discharge directly into the Feather River via an outfall diffuser pipe located upstream of Shanghai Falls; or (2) discharge into percolation/evaporation ponds located on the east side of the main river channel just downstream of Shanghai Falls. Use of the outfall diffuser pipe is only permitted when river depths are sufficient to allow the treated effluent to adequately mix with river water to meet NPDES permit dilution requirements.
In 2011, the bed of the Feather River scoured in close proximity to the existing outfall diffuser pipe, cutting a deep channel to the east. This redirected a large portion of the river flow to the newly formed channel, leaving the outfall diffuser pipe exposed under normal river flows. The outfall diffuser pipe is currently unavailable for use at river flows of less than approximately 10,000 cubic feet per second (cfs), effectively rendering it unable to meet permit requirements except during high flow events.
Currently, the City’s only option to reliably discharge treated effluent has been to the effluent disposal ponds. These ponds are limited in capacity for continuous use and require routine monitoring and maintenance. Additionally, the ponds are vulnerable to damage during times of high water and can subsequently become unavailable to use for an extended period of time.
Since the scour event in 2011, the City has actively been studying potential replacement options for the outfall diffuser pipe, including assessment studies performed by the City’s consultant, Environmental Science Associates, in 2013 and 2017. Additionally, another City consultant, CH2M Hill Engineers Inc. of Sacramento, CA, now Jacobs Engineering Group, Inc. (Jacobs), has been providing professional services necessary for the WWTF Effluent Outfall Diffuser Relocation Project (Project), including predesign, design, environmental, permitting, and easement acquisition services.
The Fiscal Year 2022-2027 Capital Improvement Program Budget anticipates a total project cost of $41 million for the Project. Staff have been researching various grant and loan opportunities to support this significant cost.
The State Water Resources Control Board (SWRCB) provides grant and loan funding to local public agencies for water and wastewater infrastructure projects through the Clean Water State Revolving Fund (SRF). The Project is eligible for this funding.
Analysis:
The SRF program provides a mechanism for distributing a variety of federal and State funds to local agencies in the form of grants, low-interest loans, and low-interest loans with principal forgiveness. This includes federal funding approved as part of the Bipartisan Infrastructure Law.
To complete the SRF financial assistance application, the SWRCB requires a resolution authorizing a representative of the City to sign and submit the financial assistance application, negotiate and execute a financial assistance agreement and certify financing agreement disbursements on behalf of the City.
Staff is recommending that the Public Works Director be authorized to sign these documents on behalf of the City.
The City would not be obligated to borrow the full amount approved by the State through the SRF application process. Thus, the City can continue to pursue alternate sources of funding, such as other grant funding, different loan sources, or revenue bonds.
The deadline for applying for SRF funding for the 2023-2034 fiscal year is December 31, 2022. State review and approval is anticipated by March or April of 2023. If the financial assistance application is approved, staff will return to Council with the grant/loan terms and request further direction related to
acceptance of the financial assistance agreement conditions.
Staff is also exploring other funding alternatives, including funding through the Water Infrastructure Finance and Innovation Act of 2014 (WIFIA). WIFIA provides a separate track for seeking federal funding.
Fiscal Impact:
Staff has been coordinating the preparation and submission of the SRF application to determine possible State funding options.Submitting the application does not commit the City to a financial obligation at this time. The current interest rate on a 30-year SRF loan is 2.00%. Assuming no principal forgiveness, a $35,000,000 amount will have an estimated repayment of approximately $3.1 million per year.
Project funding alternatives need to be fully analyzed prior to moving forward with entering into a funding agreement and/or bidding the project due to the substantial project cost, current utility needs, and recent cost increases for operations. Staff anticipates presenting Council with a project funding strategy that will include options related to any potential awarded grants, State and Federal funding program options, and the use of rate payer funds prior to moving forward with any funding agreements for the project.
Funding activities will be ongoing as staff concurrently works through finalizing the project design, big package, and obtaining necessary permits over the next 9-12 months.
Alternatives:
1. Do not adopt the recommended Resolutions.
2. Direct staff to pursue other means of financing.
Recommendation:
A. Adopt a Resolution designating and authorizing the Public Works Director or designee to execute the Clean Water State Revolving Fund Construction Financial Assistance Application and Amendments or Changes thereto, and to certify financing agreement disbursement on behalf of the City for the WWTF Effluent Outfall Diffuser Relocation Project upon Council approval.
B. Adopt a Resolution stating the City’s intent to comply with all conditions of the State Water Resources Control Board’s Clean Water State Revolving Fund Loan Program Reimbursement Resolution requirements for the WWTF Effluent Outfall Diffuser Relocation Project.
Attachments:
1. Resolution - Wastewater Treatment Facility (WWTF) Effluent Outfall Diffuser Relocation Project Authorizing Public Works Director Actions
2. Resolution - Wastewater Treatment Facility (WWTF) Effluent Outfall Diffuser Relocation Project Designating Reimbursement
Prepared By: Submitted By:
Katherine Willis
Environmental Compliance Manager
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
DESIGNATING AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
EXECUTE THE CLEAN WATER STATE REVOLVING FUND CONSTRUCTION
FINANCIAL ASSISTANCE APPLICATION AND AMENDMENTS OR
CHANGES THERETO AND CERTIFY FINANCING AGREEMENT
DISBURSEMENTS ON BEHALF OF THE CITY OF YUBA CITY FOR THE
WASTEWATER TREATMENT FACILITY EFFLUENT OUTFALL DIFFUSER
RELOCATION PROJECT
WHEREAS, the City of Yuba City (City) has applied for funding with the State Water Resources Control Board (SWRCB) for the construction of the Wastewater Treatment Facility (WWTF) Effluent Outfall and Diffuser Relocation Project; and
WHEREAS, prior to the SWRCB executing a Clean Water State Revolving Fund Construction Loan Agreement (Agreement), the City is required to adopt a Resolution authorizing an officer to execute said Agreement and amendments, designating a person or persons to approve claims for reimbursement, designating a person or persons to sign the Budget and Expenditure Summary, designating a person or persons to sign a Certification of Project Completion, designating a person or persons to review and approve claim forms, and designating a person to sign the Final Release form;
NOW, THEREFORE, be it resolved and ordered by the City Council of the City of Yuba City as follows:
1. The Public Works Director (the “Authorized Representative”) is hereby authorized to sign the Initial Clean Water State Revolving Fund Construction Loan Funding Agreement, and any amendments made thereof, from the SWRCB for the construction of the WWTF Effluent Outfall and Diffuser Relocation Project.
2. The Authorized Representative is designated to provide the assurances, certifications and commitments required for the executing of the agreement from the SWRCB and any amendments thereto.
3. The Authorized Representative is designated to represent the City in carrying out the City’s responsibilities under the agreement, including certifying disbursement requests on behalf of the City and in compliance with applicable state and federal laws.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 4th day of October, 2022.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
RESOLUTION NO. ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
STATING ITS INTENTION TO COMPLY WITH ALL CONDITIONS OF THE STATE WATER RESOURCE CONTROL BOARD’S CLEAN WATER STATE
REVOLVING FUND LOAN PROGRAM REIMBURSEMENT RESOLUTION
REQUIREMENTS FOR THE WASTEWATER TREATMENT FACILITY
EFFLUENT OUTFALL DIFFUSER RELOCATION PROJECT
WHEREAS, the City of Yuba City (the “Agency”) desires to finance the costs of constructing certain public facilities and improvements relating to its wastewater system, including certain treatment facilities, pipelines and other infrastructure (the “Project”); and WHEREAS, the Agency intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys (“Project Funds”) provided by the State of California, acting by and through the State Water Resources Control Board (the State Water Board); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the “Obligations”); and
WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations.
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:
Section 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds.
Section 2. The reasonably expected maximum principal amount of the Project Funds is $35,000,000.
Section 3. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds.
Section 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles.
Section 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued.
Section 6. This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation §1.150-2 and any other regulations of the internal Revenue Service relating to the qualification for reimbursement of Project costs.
Section 7. All the recitals of this Resolution are true and correct and this Agency so finds, determines, and represents.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 4th day of October, 2022.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Agenda Item 10
CITY OF YUBA CITY
STAFF REPORT
Date: October 4, 2022
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: Dennis Hauck, Police Sergeant
Summary
Subject: Selective Traffic Enforcement Grant, to include DUI Enforcement and Education Efforts
Recommendation: A. Adopt a Resolution authorizing the Chief of Police to accept $170,000 in grant funding from the 2022/2023 Selective Traffic Enforcement Program and approve expenditure recommendations
B. Authorize a supplemental appropriation in the amount of $170,000 to Account No. 100-43409, 2169-61430, 2169-62801, and 2169-69201 and 2169- 63801
Fiscal Impact: The City will be reimbursed $170,000 from the California Office of Traffic Safety.
No matching funds are required for this grant. Funds will be drawn down through Account No. 2168-61430 ($105,695) for personnel overtime costs, No. 2168- 62801 ($3,846) for travel and training, No. 2169-69201 ($45,000) for equipment and No. 2168-63801 ($15,459) for direct costs associated with the grant Purpose:
Reduce the number of persons killed and injured in traffic collisions.
Council's Strategic Goal:
This meets the Council's goal of Public Safety as the purpose of the program is to increase traffic safety for our community.
Background:
In January 2022, the Yuba City Police Department submitted a grant application to the Selective Traffic Enforcement Program Grant offered by the California Office of Traffic Safety. In September 2022 the Department received award notification for the grant with authorization to receive funds in the amount of $170,000. No matching funds are required by the City of Yuba City to accept the grant. This grant runs in accordance with the Federal Fiscal year 10/01/22-09/30/23.
Analysis:
For many years, the Department has had a positive working relationship with the California Office of Traffic Safety. Again this year, we were selected for funding to maintain an aggressive stance towards those individuals who continue to operate a motor vehicle in our community while under the influence of alcohol or other drugs. This grant will allow the department to continue to combat impaired drivers in our community. While having an impaired driving portion, this grant also allows for other directed enforcement operations. These operations deploy officers within the City with a primary goal of reducing injury collisions through targeting primary collision factors such as speed and red light enforcement in areas with a high frequency of collisions.
The goal of the grant is to reduce the number of persons killed and injured in traffic collisions. “Best practice” strategies will be conducted on an overtime basis. The funded strategies include DUI saturation patrols, speed enforcement, red light running and distracted driver enforcement. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. The California Office of Traffic Safety has designed these operations and the funding for them to be done in addition to our daily duties, thus making an additional impact on traffic safety. A portion of this grant will be used to replace an old DUI Checkpoint trailer with a new one.
The grant will fund training and certification for two officers to become Drug Recognition Experts (DRE). DRE personnel enhance the Department’s ability to investigate and assist in prosecution of DUI drug offenders.
The grant will fund training for one officer to become a DRE Instructor and one officer to become a Standardized Field Sobriety Test Instructor (ARIDE). Both courses are fully funded by POST and will result in no costs to the department. DUI arrests have risen sharply in recent years and remains a priority for the police department in reducing alcohol and / or drug related collision deaths and injuries.
Having two additional instructors on staff will better serve the department to do in-house training for Advanced Roadside Impaired Driver Enforcement (ARIDE) and SFST’s.
The grant will fund overtime and materials to conduct six DUI/License Checkpoints, fourteen general traffic enforcement operations and twenty-two DUI saturation patrols over the course of the grant.
Fiscal Impact:
The City will be reimbursed $170,000 from the California Office of Traffic Safety. No matching funds are required for this grant. Funds will be drawn down through Account No. 2168-61430 ($105,695) for personnel overtime costs, No. 2168-62801 ($3,846) for travel and training, No. 2169-69201 ($45,000) for equipment and No. 2168-63801 ($15,459) for direct costs associated with the grant.
Alternatives:
Do not accept the grant and / or direct staff to research alternatives.
Recommendation:
A. Adopt a Resolution authorizing the Chief of Police to accept $170,000 in grant funding from the 2022/2023 Selective Traffic Enforcement Program and approve expenditure recommendations B. Authorize a supplemental appropriation in the amount of $170,000 to Account No. 100-43409, 216p-61430, 2169-62801, and 2169-69201 and 2169-63801
Attachments:
1. Resolution
2. OTS Grant
Prepared By: Submitted By:
Dennis Hauck
Traffic Sergeant
Diana Langley
City Manager
Agenda Item__________
ATTACHMENT 1
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING RECEIPT, ALLOCATION AND EXPENDITURE, OF THE FY 2022-2023 CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT “SELECTIVE TRAFFIC ENFORCEMENT PROGRAM”
WHEREAS, the Yuba City Police Department submitted for the Selective Traffic Enforcement Program Grant offered by the California Office of Traffic Safety, and received an award notification for the grant with authorization to receive funds in the amount of $170,000.
WHEREAS, the goal of the grant is to reduce the number of persons killed and injured in traffic collisions, and will be used to cover the cost of new DUI Checkpoint trailer, educational materials, DUI checkpoint supplies; and
WHEREAS, the grant will also fund training and certification for two officers to become a Drug Recognition Expert (DRE); and
WHEREAS, the grant will fund training for one officer to become a Drug Recognition Expert (DRE) Instructor and one officer to become a Standardized Field Sobriety Test Instructor (SFST).
WHEREAS, the Yuba City Council desires to undertake the projects designated as the Selective Traffic Enforcement Program to be funded in part from funds made available through the California Office of Traffic Safety (OTS).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
1. The Chief of Police of the City of Yuba City is authorized, on its behalf, to execute a contract, including any extensions or amendments thereof and any subsequent contract with the State and the OTS in relation thereto, to effectuate acceptance of the grant for the Selective Traffic Enforcement Program, subject to approval as to legal form by the City Attorney.
2. The City agrees that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and OTS disclaim responsibility for any such liability.
3. Grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
4. This award is not subject to local hiring freezes.
I hereby certify that the foregoing is a true copy of the resolution adopted by the Yuba City Council of Yuba City in a meeting thereof held on October 4, 2022, by the following vote:
AYES:
3 NOES:
ABSENT:
David Shaw, Mayor
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Agenda Item 11
CITY OF YUBA CITY
STAFF REPORT
Date: October 4, 2022
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: James Runyen, Police Commander
Summary
Subject: Technical refinements to the Camping and Storage of Personal Property Ordinance
Recommendation: Introduce an Ordinance of the City Council of the City of Yuba City, California, Renumbering/Re-Lettering Yuba City Municipal Code Section 5.23.050 by title only, and waive the first reading
Fiscal Impact: No fiscal impact. The Ordinance is already in place and needs amendment Purpose:
Renumber/re-Ietter existing Municipal Code Chapter 5.23.050 to allow effective enforcement of Ordinance. Improving the quality of life through a regionally consistent Camping and Storage of Personal Property Ordinance while preserving the rights of all citizens.
Council's Strategic Goal:
This meets the Council's goal of Public Safety as the purpose of the Ordinance is to provide enforcement of unauthorized camping and storage.
Background:
In January of 2019, a Camping and Storage of Personal Property Ordinance was adopted to assist in the enforcement efforts of the City in reducing the public health and safety issues associated with unauthorized camping. The proliferation of unauthorized camping has continued to be an issue in the City since the adoption of the Ordinance. The proposed refinements to the existing Ordinance will provide greater clarity and will allow for greater ease of enforcement as was intended by the City Council.
Analysis:
The current Ordinance has proven a reasonable regulation that applies to all citizens that camp or store personal property within the incorporated area of Yuba City. The overall purpose of this Ordinance is to preserve the rights of all citizens within the City so as to maintain certain areas of land for the purpose for which they were intended to be used, to maintain the integrity of the levee
system that protects Yuba City residents, businesses and environment, protect the health of riparian habitats and waterways as well as to protect the rights of individuals that may be subject to personal property removal. The amendment to the existing Ordinance will allow the City to enforce the ordinance already in place.
Environmental:
No new environmental impacts
Fiscal Impact:
No fiscal impact. The Ordinance is already in place and needs amendment.
Alternatives:
1. Provide direction to staff as to changes which should be incorporated into the Ordinance.
2. Take no action on the Ordinance.
Recommendation:
Introduce an Ordinance of the City Council of the City of Yuba City, California, Renumbering/Re-Lettering Yuba City Municipal Code Section 5.23.050 by title only, and waive the first reading Attachments:
1. Proposed Amendment - Chapter 5.23.050- Camping and Storage of Personal Property on Private and Public Property
Prepared By: Submitted By:
Jim Runyen
Police Commander
Diana Langley
City Manager
01248.0010/797213.1
Attachment AATTACHMENT 1
Ordinance XXXX Page 2
01248.0010/797213.1
ORDINANCE _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YUBA CITY, CALIFORNIA, RENUMBERING/RE-LETTERING
YUBA CITY MUNICIPAL CODE SECTION 5.23.050
WHEREAS, Yuba City Municipal Code (“YMC”) Section 5.23.050 contains inadvertent typographical errors relating to the numbering/lettering thereof which require correction; and WHEREAS, therefore, the City Council desires to adopt this Ordinance in order to correct such inadvertent errors.
NOW, THEREFORE, the City Council of the City of Yuba City does ordain as follows:
SECTION 1. Recitals. The recitals set forth above are incorporated herein by this reference.
SECTION 2. Renumbering/Re-lettering of Section 5.23.050. Section 5.23.050 of Chapter 23 of Title 5 of the Yuba City Municipal Code is hereby amended in its entirety as follows:
Section 5.23.050. - Unlawful camping.
(a) With the exception of authorized camping at a private or public campground or recreational vehicle park or camping authorized under any other ordinance, law, or regulation, no person shall camp in the following areas:
(1) Any private property unless:
(i) The person camping (aa) is the owner or tenant of the private property; (ab) is a family member or relative of an owner or tenant of the private property; (ac) is accompanied by an owner or tenant of the private property; or (ad) has written permission in his or her possession from an owner or tenant of the private property and the written permission includes the owner's or tenant's name, address, and phone number, or
(ii) The camping is not prohibited under Chapter 5.20 or any other ordinance, law, or regulation;
(2) Any City Park or trail facility, except in locations designated for such purposes or pursuant to a lawfully issued permit;
(3) Any City airport;
(4) Any City cemetery;
(5) Any property that is within or below 200 feet above the Ordinary High Water Mark of any lake, waterway, river, stream, pond, or reservoir; (6) Any levee or within 50 feet of the landside levee toe; and Commented [RK1]: Officer Koski: should this be an AND or should this be an OR?
Ordinance XXXX Page 3
01248.0010/797213.1
(7) Any City right-of-way including but not limited to public highways, roadway shoulders, sidewalks, or alleys so as to in any manner hinder or obstruct the free passage therein or thereon of any persons or vehicles passing or attempting to pass along the same right-of-way.
(b) Permitting of camping in City parks shall be governed by Chapter 5.20.
SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
SECTION 4. Effective Date and Publication. This Oordinance shall take effect 30 days after its adoption. The City Clerk, or duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted in the manner required by law.
Introduced and read at a regular meeting of the City Council of the City of Yuba City on the 4 ___th day Octoberof _____, 2022, and passed and adopted at a regular meeting held on the 4____th18th day of October____, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Dave Shaw, Mayor
City of Yuba City
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk
Ordinance XXXX Page 4
01248.0010/797213.1
APPROVED AS TO FORM:
__________________________ ___________________________
Ciara Wakefield, Deputy City Clerk Shannon Chaffin, City Attorney Aleshire & Wynder, LLP
CITY OF YUBA CITY
Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Espindola
- Councilmember Harris
- Vice Mayor Kirchner
- Mayor Shaw
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Manager’s Report
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Council Reports
- Councilmember Espindola
- Councilmember Harris
- Councilmember Boomgaarden
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment