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
DECEMBER 6, 2022
REGULAR MEETING
CITY COUNCIL
CITY OF YUBA CITY
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
DECEMBER 6, 2022
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_nWTNsx3eQQq7mK9t2c8XBg. 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.
Regular Meeting
Call to Order
Roll Call
__ Mayor Shaw
__ Vice Mayor Kirchner
__ Councilmember Boomgaarden
__ Councilmember Espindola
__ Councilmember Harris
Invocation/Inspiration
Posting of the Colors
Pledge of Allegiance to the Flag
Agenda Modifications/Approval of Agenda
Public Communication
1. 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.
Business from the City Council
Presentation to Outgoing Councilmember Espindola
Comments and Presentation to Outgoing Mayor Shaw
Election Results
4. Declaration of Election Results
Recommendation: Adopt a Resolution declaring the results of the November 8, 2022 General Municipal Election
Administer Oaths of Office
- Council-elect Marc Boomgaarden
- Council-elect Michael Pasquale
- Council-elect Dave Shaw
Further Business from the City Council
6. Comments from New Councilmembers
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
Election of New Mayor and Vice Mayor
Comments from new Vice Mayor
Comments from new Mayor
Adjournment
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
CITY OF YUBA CITY
STAFF REPORT
Date: December 6, 2022
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By:
Summary
Subject: Presentation to Outgoing Councilmember Espindola Recommendation:
Fiscal Impact:
Attachments:
None
Prepared By: Submitted By:
Name
Title
Name
Title
Agenda Item
CITY OF YUBA CITY
STAFF REPORT
Date: December 6, 2022
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By:
Summary
Subject: Comments and Presentation to Outgoing Mayor Shaw Recommendation:
Fiscal Impact:
Attachments:
None
Prepared By: Submitted By:
Name
Title
Name
Title
Agenda Item 4
CITY OF YUBA CITY
STAFF REPORT
Date: December 6, 2022
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Declaration of Election Results
Recommendation: Adopt a Resolution declaring the results of the November 8, 2022 General Municipal Election
Fiscal Impact: None
The California Election Code, Section 10262(b), requires that the City Council declare elected the persons for whom the highest numbers of votes were cast for each office. General Municipal Elections were held on November 8, 2022 for three seats on the City Council and a measure to change the elected positions of City Clerk and City Treasurer to appointed positions (Measure Z).
It is recommended that the City Council declare elected the following:
City Council District Vote %
1 Dave Shaw 1,781 64%
2 Marc Boomgaarden 2,490 47.95%
3 Mike Pasquale 996 52.61%
The results of Measure Z are as follows:
Measure Z Vote Count %
No 11,020 65.96%
Yes 5,688 34.04%
Total 16,708
This recommendation is based on certified election results from the Sutter County Clerk.
Recommendation:
Adopt a Resolution accepting the official certified results of the November 8, 2022 General Municipal Election.
Attachments:
1. Election Results - Resolution 12.06.22
2. EXHIBIT A
3. Exhibit B - Final Election Summary
Prepared By: Submitted By:
Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager
ATTACHMENT 1
*DRAFT PENDING RECEIPT OF CERTIFIED ELECTION RESULTS FROM SUTTER COUNTY* RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ACCEPTING THE SUTTER COUNTY REGISTRAR RECORDER/COUNTY CLERK’S
OFFICIAL CANVASS AND OFFICIAL STATEMENT OF VOTES CAST FOR THE CONSOLIDATED MUINICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 8, 2022, AND
DECLARING THE RESULTS THEREOF
WHEREAS, a Statewide General Election and City Municipal Election were held and conducted in the City of Yuba City on Tuesday, November 8, 2022 as required by law; and WHEREAS, in all respects the election was held and conducted as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the Sutter County Registrar Recorder/County Clerk canvassed the returns of the election and certified the results to the City Council, and those results are received, attached, and made a part hereof as “Exhibit A”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The vote totals for the Consolidated Municipal Election held on November 8, 2022 in the City of Yuba City, as certified by Sutter County are as follows: The whole number of ballots cast in all districts including vote by mail were 28,521. The total number of ballots cast in the City of Yuba City Council District 1 contest were 2,746. The total number of ballots cast in the City of Yuba City Council District 2 contest were 5,193. The total number of ballots cast in the City of Yuba City Council District 3 contest were 1,893. The total number of ballots cast for Measure Z were 16,708.
SECTION 2. The City Council does declare and determine that:
(a) The names of persons voted for at the election for Member of the City Council District 1 are as follows:
Dave Shaw (1,781 votes received)
Brendon Messina (965 votes received)
(b) The names of persons voted for at the election for Member of the City Council District 2 are as follows:
Marc Boomgaarden (2,490 votes received)
Sukh Sidhu (1,385 votes received)
Chuck Smith (1,318 votes received)
(c) The names of persons voted for at the election for Member of the City Council District 3 are as follows:
Mike Pasquale (996 votes received)
Grace Espindola (897 votes received)
(d) Measure Z
No (11,020 votes received)
Yes (5,688 votes received)
SECTION 3. That the number of votes given at each precinct to each person and the number of votes given in the City to each person for the respective offices are listed on Exhibit "A", attached.
SECTION 4. The City Council does declare and determine that:
(a) Dave Shaw was elected as City Councilmember – District 1 for the full term of four years.
(b) Marc Boomgaarden was elected as City Councilmember – District 2 for the full term of four years.
(c) Mike Pasquale was elected as City Councilmember – District 3 for the full term of four years.
(d) Measure Z did not pass. The City Clerk and Treasurer will remain elected positions.
SECTION 5. The Deputy City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election, administer the Oath of Office, and shall have each person subscribe to it and file it in the office of the City Clerk. All of the persons so elected shall then be inducted into the office to which they have been elected.
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 6th day of December 2022.
AYES:
NOES:
ABSENT:
_______________________________
Mayor
ATTEST:
_______________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:
______________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachments:
Exhibit A – Canvass of the November 8, 2022 Consolidated Municipal Election Exhibit B – Final Election Summary – Sutter County
EXHIBIT A
**PENDING RECEIPT OF CERTIFIED ELECTION
RESULTS FROM SUTTER COUNTY**
CANVASS OF THE NOVEMBER 8, 2022 ELECTION
TO BE MADE AVAILABLE AT 12/6/2022 MEETING
EXHIBIT B
Governor
( 24 of 24 precincts reported )
BRIAN DAHLE 19,024 67.69%
GAVIN NEWSOM 9,082 32.31%
Total 28,106
Lieutenant Governor
( 24 of 24 precincts reported )
ANGELA E. UNDERWOOD JACOBS 18,314 66.12%
ELENI KOUNALAKIS 9,386 33.88%
Total 27,700
Secretary of State
( 24 of 24 precincts reported )
ROB BERNOSKY 18,032 65.28%
SHIRLEY N. WEBER 9,591 34.72%
Total 27,623
Controller
( 24 of 24 precincts reported )
LANHEE J. CHEN 18,637 67.50%
MALIA M. COHEN 8,974 32.50%
Total 27,611
Treasurer
( 24 of 24 precincts reported )
JACK M. GUERRERO 18,152 65.85%
FIONA MA 9,414 34.15%
Total 27,566
Attorney General
( 24 of 24 precincts reported )
NATHAN HOCHMAN 18,155 65.71%
ROB BONTA 9,474 34.29%
Total 27,629
Insurance Commissioner
( 24 of 24 precincts reported )
ROBERT HOWELL 17,806 64.87%
RICARDO LARA 9,644 35.13%
Total 27,450
Registered
Voters
Turnout
Total Registration and Turnout 52,894 28,521
Election Day 1,533
VBM 26,988
Board of Equalization Member District 1
( 24 of 24 precincts reported )
TED GAINES 18,792 68.55%
JOSE S. ALTAMIRANO 8,621 31.45%
Total 27,413
United States Senator (Full Term)
( 24 of 24 precincts reported )
MARK P. MEUSER 17,827 64.53%
ALEX PADILLA 9,797 35.47%
Total 27,624
United States Senator (Partial/Unexpired Term)
( 24 of 24 precincts reported )
MARK P. MEUSER 17,798 64.61%
ALEX PADILLA 9,748 35.39%
Total 27,546
United States Representative District 1
( 24 of 24 precincts reported )
DOUG LAMALFA 18,421 66.38%
MAX STEINER 9,328 33.62%
Total 27,749
State Assembly Member District 3
( 24 of 24 precincts reported )
JAMES GALLAGHER 19,720 70.97%
DAVID LEON ZINK 8,067 29.03%
Total 27,787
Chief Justice Of California (Patricia Guerrero)
( 24 of 24 precincts reported )
YES 12,834 54.58%
NO 10,678 45.42%
Total 23,512
Associate Justice Of The Supreme Court (Goodwin Liu)
( 24 of 24 precincts reported )
YES 12,323 52.94%
NO 10,953 47.06%
Total 23,276
Associate Justice Of The Supreme Court (Martin J.
Jenkins)
( 24 of 24 precincts reported )
YES 12,224 53.22%
NO 10,745 46.78%
Total 22,969
Printed: Tuesday, November 29, 2022 9:27 AM Page 1 of 4 Data Refreshed: Tuesday, November 29, 2022 9:27 AM
Sutter 2022 General
Sutter
November 8, 2022
Official Results
Associate Justice Of The Supreme Court (Joshua P.
Groban)
( 24 of 24 precincts reported )
YES 11,822 52.04%
NO 10,897 47.96%
Total 22,719
Associate Justice, Court of Appeal, Third District (Stacy Boulware Eurie)
( 24 of 24 precincts reported )
Yes 12,627 55.85%
No 9,982 44.15%
Total 22,609
Associate Justice, Court of Appeal, Third District (Laurie M. Earl)
( 24 of 24 precincts reported )
YES 11,774 52.14%
NO 10,807 47.86%
Total 22,581
Associate Justice, Court of Appeal, Third District (Harry Hull)
( 24 of 24 precincts reported )
YES 13,934 61.83%
NO 8,601 38.17%
Total 22,535
Associate Justice, Court of Appeal, Third District (Peter Krause)
( 24 of 24 precincts reported )
YES 11,961 53.26%
NO 10,498 46.74%
Total 22,459
Superintendent of Public Instruction
( 24 of 24 precincts reported )
LANCE RAY CHRISTENSEN 12,468 52.49%
TONY K. THURMOND 11,285 47.51%
Total 23,753
Mbr Bd Of Education Trustee Area No 3
( 7 of 7 precincts reported )
KASH GILL 4,631 67.16%
BRANDON MOON 2,264 32.84%
Total 6,895
Mbr Bd Of Education Trustee Area No 4
( 4 of 4 precincts reported )
HARJIT SINGH 2,898 54.12%
JIM RICHMOND 2,457 45.88%
Total 5,355
Yuba College Gov Bd Member Trustee Area No 3
( 15 of 15 precincts reported )
ERIC POMEROY 6,687 58.78%
RITA ANDREWS 4,690 41.22%
Total 11,377
Yuba College Gov Bd Member Trustee Area No 7 Short
Term
( 1 of 1 precincts reported )
DOUGLAS M HARRIS 9 56.25%
JEFFREY DRYDEN 7 43.75%
Total 16
LOUSD Govn Bd Member
Vote For 2
( 2 of 2 precincts reported )
CLAY GOODMAN 1,520 41.38%
ROGER D CHRISTIANSON 1,368 37.24%
MITCHELL PERIGO 785 21.37%
Total 3,673
YCUSD Govn Bd Member Trustee Area No 1
( 6 of 6 precincts reported )
LONDA LAMB 2,537 62.43%
SARB TAKHAR 1,527 37.57%
Total 4,064
YCUSD Govn Bd Member Trustee Area No 2
( 4 of 4 precincts reported )
KJERSTIN CIOCIOLA 1,599 58.68%
LINDA MERKLIN 1,126 41.32%
Total 2,725
YCUSD Gov BD Member Trustee Area No 4
( 3 of 3 precincts reported )
HARJOT KAUR 1,615 55.16%
ZAC REPKA 1,313 44.84%
Total 2,928
Printed: Tuesday, November 29, 2022 9:27 AM Page 2 of 4 Data Refreshed: Tuesday, November 29, 2022 9:27 AM
Sutter 2022 General
Sutter
November 8, 2022
Official Results
YCUSD Gov Bd Member Trustee Area No 5
( 3 of 3 precincts reported )
GREG QUILTY 744 50.47%
SHARI K TUCKER 730 49.53%
Total 1,474
Gov Bd Mbr E Nicolaus Joint Union
Vote For 2
( 2 of 2 precincts reported )
TOMMY HINTZ 445 29.99%
ERIN VAN DYKE 408 27.49%
TYSON EARHART 386 26.01%
ORRIN TUROLD 245 16.51%
Total 1,484
Gov Bd Mbr Sutter Union High School
Vote For 3
( 8 of 8 precincts reported )
LARRY MUNGER 2,019 33.55%
ALLEN JAYNES 1,467 24.38%
CARL PRATT 1,267 21.05%
JILL WILHELM 1,265 21.02%
Total 6,018
Gov Brd Member Brittan School Dist
Vote For 3
( 4 of 4 precincts reported )
BRANDON MCREYNOLDS 821 30.42%
HEATHER BARNES 721 26.71%
ERICH RUNGE 611 22.64%
CHRISTOPHER HARP 546 20.23%
Total 2,699
Gov Bd Mbr Franklin School District
Vote For 3
( 3 of 3 precincts reported )
KYLE O'NEAL 584 28.88%
GLENN HOUSTON 565 27.94%
AARON MURPHY 538 26.61%
CIARA WAKEFIELD 335 16.57%
Total 2,022
Gov Bd Mbr Marcum Illinois School
Vote For 2
( 2 of 2 precincts reported )
EMILY DADDOW 198 47.83%
KEITH TURNER 122 29.47%
TIFFANY STEELE 94 22.71%
Total 414
Gov Bd Mbr Nuestro School District
Vote For 2
( 2 of 2 precincts reported )
BETHANY SCHMIDL 128 44.91%
EMILY MORTON 103 36.14%
DEBBIE EVERETT 54 18.95%
Total 285
Mbr City Council Live Oak
Vote For 3
( 1 of 1 precincts reported )
ASHLEY HERNANDEZ 819 16.91%
BOB WOTEN 767 15.83%
JERAMY CHAPDELAINE 757 15.63%
CRUZ MORA 696 14.37%
J.R. THIARA 690 14.24%
ALEKS TICA 572 11.81%
NOEL GROVE 543 11.21%
Total 4,844
Mbr City Council Yuba City D1
( 3 of 3 precincts reported )
DAVE SHAW 1,781 64.86%
BRENDON MESSINA 965 35.14%
Total 2,746
Mbr City Council Yuba City D2
( 4 of 4 precincts reported )
MARC BOOMGAARDEN 2,490 47.95%
SUKH SIDHU 1,385 26.67%
CHUCK SMITH 1,318 25.38%
Total 5,193
Mbr City Council Yuba City D3
( 4 of 4 precincts reported )
MIKE PASQUALE 996 52.61%
GRACE ESPINDOLA 897 47.39%
Total 1,893
Proposition 1
( 24 of 24 precincts reported )
No 13,685 50.65%
Yes 13,334 49.35%
Total 27,019
Printed: Tuesday, November 29, 2022 9:27 AM Page 3 of 4 Data Refreshed: Tuesday, November 29, 2022 9:27 AM
Sutter 2022 General
Sutter
November 8, 2022
Official Results
Proposition 26
( 24 of 24 precincts reported )
No 19,577 71.91%
Yes 7,646 28.09%
Total 27,223
Proposition 27
( 24 of 24 precincts reported )
No 22,593 82.45%
Yes 4,809 17.55%
Total 27,402
Proposition 28
( 24 of 24 precincts reported )
Yes 14,184 52.14%
No 13,021 47.86%
Total 27,205
Proposition 29
( 24 of 24 precincts reported )
No 21,137 77.63%
Yes 6,090 22.37%
Total 27,227
Proposition 30
( 24 of 24 precincts reported )
No 19,400 71.05%
Yes 7,904 28.95%
Total 27,304
Proposition 31
( 24 of 24 precincts reported )
No 13,856 50.76%
Yes 13,441 49.24%
Total 27,297
Sutter County Essential Services Measure Measure A
( 24 of 24 precincts reported )
No 14,027 51.61%
Yes 13,152 48.39%
Total 27,179
MEASURE Z CITY TREASURER
( 14 of 14 precincts reported )
No 11,020 65.96%
Yes 5,688 34.04%
Total 16,708
MEASURE Z CITY CLERK
( 14 of 14 precincts reported )
No 10,987 65.84%
Yes 5,700 34.16%
Total 16,687
Printed: Tuesday, November 29, 2022 9:27 AM Page 4 of 4 Data Refreshed: Tuesday, November 29, 2022 9:27 AM
Sutter 2022 General
Sutter
November 8, 2022
Official Results
Agenda Item
CITY OF YUBA CITY
STAFF REPORT
Date: December 6, 2022
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By:
Summary
Subject: Administer Oaths of Office
- Council-elect Marc Boomgaarden
- Council-elect Michael Pasquale
- Council-elect Dave Shaw
Recommendation:
Fiscal Impact:
Attachments:
None
Prepared By: Submitted By:
Name
Title
Name
Title