Yuba City City Council
January 17, 2023

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
JANUARY 17, 2023

REGULAR MEETING

CITY COUNCIL

CITY OF YUBA CITY
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Wade Kirchner
VICE MAYOR ● Shon Harris
COUNCILMEMBER ● Marc Boomgaarden
COUNCILMEMBER ● Michael Pasquale
COUNCILMEMBER ● Dave Shaw
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
JANUARY 17, 2023
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_W1iKs4LfQ6eMITh6xl96SA. 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.

The City has adopted a Reasonable Accommodations Policy that provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. Please visit yubacity.net ADA & Accessibility Resources page. 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.

Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation; 72 hours in advance is suggested. Please contact City offices at (530) 822-4817 or (TTY: 530-822-4732), so such aids or services can be arranged. Requests may also be made by email at [email protected] or [email protected] or mail City Clerk, 1201 Civic Center Blvd, Yuba City, CA 95993.

Regular Meeting
Call to Order
Roll Call
__ Mayor Kirchner
__ Vice Mayor Harris
__ Councilmember Boomgaarden
__ Councilmember Pasquale
__ Councilmember Shaw
Invocation/Inspiration
Pledge of Allegiance to the Flag
Agenda Modifications/Approval of Agenda

Ceremonial Presentations

1. First Baptist Church 100 Years - Proclamation

2. National Human Trafficking Awareness Month Proclamation

3. You Can! with Yuba City - Presentation

4. Didar S. Bains Park Construction Update
Public Communication

5. 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.

6. Minutes from December 20, 2022 and January 6, 2023
Recommendation: Approve the mintues from the December 20, 2022 and January 6, 2023 meeting

7. Transportation Development Act (TDA) Claim for FY 2022-2023 of $3,460,760 in Local Transportation Funds (LTF)
Recommendation: Adopt a Resolution authorizing submission of the City’s FY 2022- 2023 TDA claim to the Sacramento Area Council of
Governments (SACOG)

8. Utilities Mid-year Capital Acquisition Requests
Recommendation: A. Approve the following mid-year capital acquisition purchases:

1. Two (2) Evoqua Chlorination Analyzers

2. East Effluent Flowmeter Additional Work

3. Laboratory Autoclave
B. Adopt a Resolution awarding the purchase of one (1) Evoqua Micro2000 Chlorine Analyzer and one (1) Evoqua Deox2000 Sodium Bisulfite Analyzer (Item 1) to G3 Engineering, Inc. of Granite Bay, CA in the total amount of $31,500, with the finding that it is in the best interest of the City
C. Adopt a Resolution awarding an amendment for additional work to the purchase of an Endress Hauser Promag Flowmeter (Item 2) for the WWTF east effluent flow to Telstar Instruments of

Concord, CA in the amount of $10,689 for a purchase total of $30,371.85, with the finding that it is in the best interest of the City
D. Authorize a supplemental appropriation and related transfers in the amount of $31,500 from Account No. 981103-65501
(WWTF Recurring Plant Projects) to 8120-69201 (WWTF
Equipment) for the purchase of two (2) Evoqua Chlorination Analyzers (Item 1)
E. Authorize a supplemental appropriation and related transfers in the amount of $10,689 from Account No. 981103-65501
(WWTF Recurring Plant Projects) to 8120-69201 (WWTF
Equipment) for additional work for the purchase of one (1) Endress Hauser Promag Flowmeter (Item 2)
F. Authorize a supplemental appropriation and related transfers in the amount of $13,866.37 from Account No. 8140-66001 (Laboratory Other Materials & Supplies) to 8140-69201
(Laboratory Equipment) for the purchase of one (1) Laboratory Autoclave (Item 3)

9. Plans Examiner I/II
Recommendation: Adopt a Resolution authorizing:

The Finance Director to amend the salary schedule for the Plans Examiner I/II classification and to set appropriate compensation

10. CalPERS Employer Paid Member Contribution Resolutions Recommendation: Adopt Resolutions for paying and reporting the value of Employer Paid Member Contributions for the Police Mid-Managers and Police First Level Managers

11. Proposed City Hall Holiday Closures
Recommendation: Adopt a Resolution authorizing the closure of City Hall for Monday, July 3, 2023 through Tuesday, July 4, 2023, Monday, November 20, 2023 through Friday, November 24, 2023, and Monday, December 25, 2023 through Monday, January 1, 2024

12. 2022-2023 CDBG Annual Action Plan Amendment
Recommendation: A. Conduct a Public Hearing to receive comments on the 2022 Annual Action Plan Amendment and after consideration;
B. Adopt a Resolution approving the proposed 2022 Annual Action Plan Amendment and authorize staff to submit the required documents to the Department of Housing and Urban Development (HUD) for processing, and;
C. Authorize the Finance Director to make budget allocations as necessary to implement the 2022 Annual Action Plan
Amendment, and;
D. Authorize the Finance Director to allocate $47,758 in

unallocated General Fund CIP funds to the Yuba Sutter Gleaners Foodbank project
Business Items

13. Community Sponsorship Request
Recommendation: Consider the sponsorship request from Film Yuba-Sutter, and if approved:

Adopt a Resolution to approve a monetary sponsorship request from Film Yuba-Sutter of $6,250.00 to assist in funding the Film Yuba-Sutter Film Commission

14. Consideration of Planned Development (PD) 17 in association with Development Plan (DP) 22-04, Nestory Park Self Storage
Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of the City of Yuba City approving a Planned Development (PD) 17 for Nestory Park Self Storage located along the north side of Winship Road approximately 430 feet east of the intersection of Winship Road and Garden Highway (APNs: 53-500-008 and 53-500-035) and an associated Mitigated Negative Declaration by title only and waive the first reading

15. Consideration of General Plan Amendment (GPA) 22-06, and Rezone (RZ) 22-08 in association with Tentative Parcel Map (TPM) 22-04: Spirit Drive Parcel Map Recommendation: A. Conduct a Public Hearing; then
B. Adopt a Resolution of the City Council of the City of Yuba City approving Environmental Assessment (EA) 22-15 by adopting a Mitigated Negative Declaration prepared for Spirit Drive Parcel Map project, and adopt General Plan Amendment 22-06 for approximately 8 acres located at the southeast corner of State Route 20 and El Margarita Road (Assessor’s Parcel Number: 63- 010-141); and
C. Introduce an Ordinance of the City Council of the City of Yuba City to adopt Rezone 22-08 for the Spirit Drive Parcel Map project located at the southeast corner of State Route 20 (Colusa Highway) and El Margarita Road (Assessor’s Parcel Number: 63- 010-141) by title only and waive the first reading

16. Request to establish Planned Development (PD) 15 and approval of a development agreement for the Chima Ranch Tentative Subdivision Map SM 22- 07 Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of the City of Yuba City approving Planned Development (PD) No. 15 for the Chima Ranch Subdivision (SM 22-07) located In the southwest portion of the City along the west side of Sanborn Road and immediately

west of the intersection of Pebble Beach Drive and Sanborn Road (Assessor’s Parcels 65-020-009 And 65-020-010) and an associated Mitigated Negative Declaration by title only and waive the first reading
C.Introduce an Uncodified Ordinance of the City Council of the City of Yuba City approving a Development Agreement for the Chima Ranch Subdivision Map (SM 22-07) between the City of Yuba City and Interwest Homes Corporation, a California Corporation, to Develop 82 Single-Family Lots on 14.86 Acres located in the southwest portion of the City along the west side of Sanborn Road immediately west of the intersection of Pebble Beach Drive and Sanborn Road, Assessor’s Parcels 65-020-009 And 65-020-010 by title only and waive the first reading Future Agenda Items

17. Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
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

18. City Manager's Report

19. City Council Reports
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
Adjournment

Proclamation
of the City Council
First Baptist Church
100 Years!
Proclamation to be presented at the Council Meeting

Proclamation
of the City Council
National Human Trafficking Awareness Month
January 2023
Proclamation to be presented at the Council Meeting

Ashley Potočnik, Development Liaison, will present on the You Can! With Yuba City campaign.

You Can! with Yuba City
apotoč[email protected]
530-822-5195

Brad McIntire, Community Services Director, will present on the construction status of the Didar S. Bains Park.

Brad McIntire
[email protected]
530-822-4650

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 6

CITY OF YUBA CITY

STAFF REPORT
Date: January 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes from December 20, 2022 and January 6, 2023 Recommendation: Approve the mintues from the December 20, 2022 and January 6, 2023 meeting Fiscal Impact: None
Attachments:

1. 12-20-2022 Regular Meeting Minutes (DRAFT)

2. 01-06-2023 Special Closed Session Minutes (DRAFT)
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

ATTACHMENT 1

MINUTES (DRAFT)

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
DECEMBER 20, 2022
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
Regular Meeting
Call to Order
The Regular Meeting of the City Council called to order by Mayor Kirchner at 6:00 PM Roll Call

Present: Mayor Kirchner and Councilmembers Boomgaarden, Pasquale and Shaw

Absent: Vice-Mayor Harris
Invocation/Inspiration
Pastor Greg Mansur – Adventure Church Yuba City
Pledge of Allegiance to the Flag
Councilmember Pasquale
Agenda Modifications/Approval of Agenda
No changes were made
Public Communication

1. Appearance of Interested Citizens
No public comment
Consent Calendar
Councilmember Shaw moved and Councilmember Pasquale seconded the motion to:

2. Minutes from the November 15, and December 6, 2022
Approve the minutes from November 15, and December 6, 2022

3. Fire Prevention Ordinance and the adoption of the 2022 California Fire Code based on the 2021 Edition of the International Fire Code Adopt Ordinance 012-22 of the City Council of the City of Yuba City Repealing and ReEnacting Chapter 5 of Title 4 Regarding Fire Prevention and the 2021 International Fire Code by title only and waive the second reading

4. Building Regulations Ordinance and the adoption of the 2022 edition of the California Building Standards Code
Adopt Ordinance 013-22 of the City Council of the City of Yuba City Repealing Chapters 1 Through Chapter 14 of Title 7 of the Yuba City Municipal Code and ReEnacting Chapters 1 Through Chapter 14 of Title 7 Adopting by Reference the 2022 California Building Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Energy Code, 2022 California Historical Code, 2022 California Existing Building Code, 2022 California Referenced Standards Code, 2022 California Residential Building Code, 2022 California Green Building Standards (CALgreen) Code, 2021 Uniform Swimming Pool Spa & Hot Tub Code, Etc., With Certain Amendments, Additions and Deletions Thereto, by title only and waive the second reading

5. Expedited Permitting for Electric Vehicle Charging Systems, Ordinance Update pursuant to Assembly Bill 970
Adopt Ordinance 014-22 of the City Council of the City of Yuba City Amending Section 7-17.04 (Permit Application Processing) of Chapter 17, Title 7 of the Yuba City Municipal Code to implement the provisions of Assembly Bill 970 by title only and waive the second reading

6. Repeal and Replace the Massage Establishment and Therapist Ordinance Adopt Ordinance 015-22 to repeal and replace Yuba City Municipal Code Title 5, Chapter 3 to include administrative penalties, revocation of permits, and clarity of ordinance for massage establishments/therapists by title only and waive the second reading

7. AB1600 Annual Report
A. Accept the AB1600 Annual Report
B. Adopt Resolution 22-169 finding that there is a reasonable relationship between current needs for the fees and the purposes for which they were originally collected

8. Annual Investment Policy Adoption
Approve Investment Policy as presented

9. Submission of Recertification Application for Tree City USA Designation Adopt Resolution 22-170 authorizing the City to apply for recertification to the National Arbor Day Foundation for consideration of the City to continue its designation as a Tree City USA community

10. Shared Use Agreement between the City of Yuba City and Yuba City Unified School District
Adopt Resolution 22-171 authorizing the Community Services Director to execute a shared use agreement between the City of Yuba City and Yuba City Unified School

District, subject to approval as to legal form by the City Attorney

11. Amendment to Lease of the Madden House for the Yuba-Sutter Chamber of Commerce Offices
A. Adopt Resolution 22-172 approving a fourth amendment to the Yuba-Sutter Chamber of Commerce Lease Agreement dated May 15, 2018, for the use of the Madden House (1300 Franklin Road)
B. Authorize the City Manager to sign the amended lease agreement, with approval as to form by the City Attorney

12. Reasonable Accommodations Policy for City Meetings Subject to the Brown Act Adopt Resolution 22-173 adopting a Reasonable Accommodations Policy for City Meetings Subject to the Brown Act

13. Second Amendment to the Reimbursement Agreement for the Feather River Mill Hotel (Holiday Inn Express)
Adopt Resolution 22-174 of the City Council approving the second amendment to the Transient Occupancy Taxes Reimbursement Agreement with Yuba City Hotel, L.P., authorizing to extend the commencement of operation date of the Hotel to January 1, 2024.

14. Wastewater Treatment Facility Lift Station 2 Rehabilitation (Plans & Specifications) Adopt Resolution 22-175 approving the plans and specifications for the Wastewater Treatment Facility Lift Station 2 Rehabilitation Project (21-24), authorizing advertisement for bids on the project, and adopting a CEQA Class 1 Categorical Exemption

15. On-Call Professional Traffic Engineering Services Contract Award Adopt Resolution 22-176 authorizing the City Manager to sign an Agreement for Professional Services and task orders with Fehr and Peers for an on-call Professional Traffic Engineering Services Contract for a three-year term (with an optional two-year term extension) for an amount not to exceed $600,000, subject to review and approval as to legal form by the City Attorney

16. Department of Water Resources State Water Project Amendment No. 11 and Waiver
Adopt Resolution 22-177 authorizing the City Manager to execute the following agreements with the Department of Water Resources regarding the State Water Project:

A. Amendment No. 11 (The Contract Extension Amendment) to Water Supply Contract between the State of California Department of Water Resources and City of Yuba City for Continued Service and the Terms and Conditions Thereof B. Agreement between the Department of Water Resources and City of Yuba City to

Waive the Pending Litigation Contingency for the Contract Extension Amendment

17. City of Yuba City Advisory Board Appointment List
Note and File the 2022 Local Appointment List and Direct Staff to post on the City’s website
The motion was passed with a unanimous vote
Business Items

18. Levy of the 2023 Annual Assessment of the Downtown Yuba City Business Improvement District
Mayor Kirchner opened a Public Hearing
No public comment
Mayor Kirchner closed the Public Hearing
No written protests were received
Councilmember Boomgaarden moved and Councilmember Shaw seconded the motion to:

Adopt Resolution 22-178 confirming the Annual Report for the Yuba City Downtown Business Association and levying the assessment for the Downtown Business Improvement District for calendar year 2023
The motion was passed with a unanimous vote

19. Community Sponsorship Request - Friends of the Marysville Stampede - Cotton Rosser Memorial Bronze Statue
Councilmember Shaw moved and Councilmember Boomgaarden seconded the motion to:

Consider the sponsorship request from the Friends of the Marysville Stampede, and if approved:

A. Adopt Resolution 22-179 to approve a monetary sponsorship request from the Friends of the Marysville Stampede of $5,000.00 for the Cotton Rosser Memorial Bronze Statue
B. Authorize the Finance Director to record a supplemental appropriation in the amount of $5,000.00 from Account No. 4220-66003 (Sister City)
The motion was passed with a unanimous vote

20. Consideration of Letter of Support for Adventist Health's Proposed Project Hope Johnny Burke spoke
Councilmember Boomgaarden moved and Councilmember Shaw seconded the motion to:

Consider Adventist Health's request for a Letter of Support for Project Hope and provide direction to the City Manager

The motion was passed with a unanimous vote

21. RFP23-01 Tree Maintenance Services Bid Award
Councilmember Shaw moved and Councilmember Pasquale seconded the motion to:

Adopt Resolution 22-180 awarding a contract to Richard's Tree Service, Inc., of Yuba City, CA in the not to exceed amount of $300,000 for one (1) year of citywide tree maintenance service with the option of two (2) one (1) year extensions, and authorize the City Manager to execute any subsequent contract amendments or extensions, with the finding that it is in the best interest of the City and subject to approval as to legal form by the City Attorney
The motion was passed with a unanimous vote

22. Septic Hauler Fee Update
Councilmember Shaw moved and Councilmember Pasquale seconded the motion to:

Adopt Resolution 22-181 amending the Schedule of Fees and Charges for City Services to update the fees for septage waste disposal for Fiscal Years 22/23 and 23/24 to below the Proposition 218 approved limits
The motion was passed with a unanimous vote

23. Appointments to City Council Regional Boards and Committees Councilmember Boomgaarden moved and Councilmember Shaw seconded the motion to:

Approve the City Council Assignments to Regional Boards and Committees for Calendar Year 2023
The motion was passed with a unanimous vote
Future Agenda Items

24. Future Agenda Items
No Suggestions
Reports and Communications

25. City Manager's Report

26. City Council Reports
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner

Adjournment
Mayor Kirchner adjourned the Regular Meeting of the City Council at 7:29 pm _______________________
Wade Kirchner, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

ATTACHMENT 2

MINUTES (DRAFT)

SPECIAL MEETING - CLOSED SESSION

CITY COUNCIL - CITY OF YUBA CITY
JANUARY 6, 2023
1:00 P.M. CLOSED SESSION

SUTTER ROOM/VIRTUAL
Call to Order
Mayor Kirchner called the Special Meeting of the City Council to order at 1:01 PM Roll Call

Present: Mayor Kirchner and Councilmembers Boomgaarden, Harris, Pasquale, and Shaw

Absent: None
Closed Session
Conference with Labor Negotiators (Pursuant to Government Code, Section 54957.6.) Agency designated representatives: Diana Langley, City Manager, Jesse Alexander, Fire Chief, Natalie Springer, Human Resources Director, Brad McIntire, Community Services Director, Spencer Morrison, Finance Director, Michael Jarvis, LCW Employee Organization: Firefighters Local 3793
No public comment
Council moved into Closed Session
Adjournment
The Special Closed Session Meeting was adjourned by Mayor Kirchner at 2:16 PM ____________________________
Wade Kirchner, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: January 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Diona Pope, Accounting Manager
Summary
Subject: Transportation Development Act (TDA) Claim for FY 2022-2023 of $3,460,760 in Local Transportation Funds (LTF)
Recommendation: Adopt a Resolution authorizing submission of the City’s FY 2022-2023 TDA claim to the Sacramento Area Council of Governments (SACOG) Fiscal Impact: $3,293,869 in revenue will be received by the City for TDA Fund projects on Yuba City streets as approved in the FY 2022-2023 CIP Budget.

Purpose:

To secure funding to be used for road repair and maintenance.

Council's Strategic Goal:

This staff report addresses the City Council’s Strategic Goal of fiscal responsibility.

Background:

The City Council is requested to approve the following allocation of the City’s fiscal year Local Transportation Fund (LTF) revenues as indicated below:

Projects completed in recent years include:
• Striping and marking; and
• Drainage and traffic signal improvements; and
• Road rehabilitation at various locations

1. Yuba City Finding of Apportionment $5,563,030

2. Less: Sacramento Area Council of Governments (SACOG) 166,891

3. Less: Yuba-Sutter Transit Authority (YSTA) 2,102,271 Total $3,293,869

Analysis:

The Sales Tax rate in Sutter County is currently 7.25%. Of this rate, 0.25% is collected by the State of California and allocated back to each city and county (based on population) for local transportation services and projects. The City of Yuba City’s share of these funds for FY 2022-2023 totals $5,563,030, an increase of 58.69% from the apportionment of $3,505,585 for FY 2021-2022. Of this amount, YSTA is apportioned a share (in accordance with our Joint Powers Agreement), SACOG receives a portion for planning costs, and the remainder is placed in the City’s TDA project fund (305).

YSTA will use their portion, $2,102,271, to provide community-wide transit services. The YSTA portion has increased 26% from last year, and has increased an average of 9% per year over a five-year period, FY 2018-2019 through FY 2022-2023.

The following chart illustrates five years of the City’s and YSTA’s shares of TDA (LTF) claims:

The local share of TDA revenue distribution considers county June 30th LTF balance estimates and must be trued-up for the differential between the estimation and actual in the following year.

Per Michael Rosson from SACOG, the 58.69% apportionment increase from FY 2021-2022 is due to:
• higher State LTF Fund Balance as of 6/30/21; and
• higher State sales tax revenue projection for FY 2022-2023 Fiscal Impact:
$3,293,869 in revenue will be received by the City for TDA Fund projects on Yuba City streets as approved in the FY 2022-2023 CIP Budget.

Alternatives:

• City Council may determine that LTF revenue is not needed and forego the City’s claim. • City Council may use its seat at YSTA to help identify further unmet transportation needs, which would reduce or eliminate the City’s LTF revenue claim.

Recommendation:

Adopt a Resolution authorizing submission of the City’s FY 2022-2023 TDA claim to the Sacramento Area Council of Governments (SACOG).

Attachments:

1. TDA Claim Resolution FY 22-23 (Final)

2. 22-23 SACOG TDA Claim
Prepared By: Submitted By:

Diona Pope
Accounting Manager
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. 22-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AUTHORIZING SUBMISSION OF THE FY 2022-2023

TRANSPORTATION DEVELOPMENT ACT CLAIM TO THE

SACRAMENTO AREA COUNCIL OF GOVERNMENTS
WHEREAS, the State of California enacted the Transportation Development Act (TDA) in 1972 to provide funds for transportation needs each fiscal year; and WHEREAS, the Sacramento Area Council of Governments (SACOG) is designated as the Transportation Planning Agency for the City of Yuba City to receive claims for approval pursuant to TDA rules and regulations; and
WHEREAS, SACOG has adopted funding of apportionment for the Local Transportation Funds for Fiscal Year 2022-2023; and
WHEREAS, after transportation needs have been met, any unused funds may be used for street and road improvements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yuba City hereby approve and forward to SACOG the attached Fiscal Year 2022-2023 TDA claims, and that the Finance Director is hereby authorized to make the necessary budget amendments, transfers, accounting entries, etc. to carry out the Council’s policies and directives related to this matter.

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 17TH day of January, 2023.

AYES:

NOES:

ABSENT:
_____________________________
Wade Kirchner, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY

_______________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

TRANSPORTATION

DEVELOPMENT ACT

CLAIM PACKET
Sacramento Area Council of Governments
1415 L Street. Suite 300
Sacramento, CA 95814

TRANSPORTATION DEVELOPMENT ACT

CLAIM CHECKLIST
Please check the following, items as being either included with the attached TDA claim package or are on file at SACOG.

Item
• TDA-1 Annual Transportation Development Claim
• TDA-2 Project and Expenditure Plan (for the fiscal year of this claim and the prior fiscal year)
• TDA-3 Status of Previously Approved Projects
• TDA-4 Statement of Conformance
• TDA-5 TDA Claim Certification
• Resolution by governing body that authorized the claim If Claimant is a Transit Agency or Jurisdiction is
Contracting for Transit Service
• CHP Safety Compliance Report
(Completed within the past 13 months)
• Adopted or proposed budget for the fiscal year of the claim
• Signed copy of transit service contract
• Area wide transfer agreement, resolution
• Information establishing eligibility under efficiency Criteria – STA Operator Qualifying Criteria calculation based on section 99314.6
• Certification that claim is consistent with Capital
Improvement Program
• Compliance with PUC Sec. 99155 & 99155.5
• Copy of Ten Year Capital & Operations Program
Claimant Attached On file
All claimants N/A
All claimants N/A
All claimants N/A
All claimants N/A
All claimants N/A
All claimants N/A
Claimants
for transit
service
Claimants
for transit
service
Claimants
for transit
service
Claimants that
allow intersystem transfers
Claimants for
revenue -
based STA
funds
Claimants
for bike/ped
facilities
Claimants
for transit
service
Claimants
for transit
service

TDA-1

TRANSPORTATION DEVELOPMENT ACT CLAIM
TO: Sacramento Area Council of Governments
1415 L Street, Suite 300
Sacramento, CA 95814
FROM: Claimant
Address
City Zip Code
Contact Person
Phone Email
The above claimant hereby requests, in accordance with authority granted under the Transportation Development Act and applicable rules and regulations adopted by the Sacramento Area Council of Governments (SACOG), that its request for funding be approved as follows:

LTF (FY____/ )
(FY / )
(FY / )
(FY / )
STA (FY____/ )
(FY / )
____________________________________________ (FY / )

STA-SGR (FY / )
(FY / )
(Specify STA and/or STA-SGR)
Submitted By _________________________________________________ Title
Date

TDA-2

ANNUAL PROJECT AND EXPENDITURE PLAN
Claimant: Fiscal Year:

Project Title and TDA Article
Number

SOURCES OF FUNDING
TDA
LTF
TDA
STA
TDA
STASGR
Transit
Fares
Measure
A
Road
Fund
Developer
Fees/Const.

Tax
Federal/
State
Other TOTAL
SACOG Planning
TOTAL REQUEST $ $ $ $ $ $ $ $ $ $

TDA-3

STATUS OF PREVIOUSLY APPROVED PROJECTS
Instructions: Describe the status of all prior fiscal year TDA claim projects and any projects from previous
years, which are still active.
• Include both operating and capital projects
• Approved amounts should he as specified in TDA claims approved by SACOG • Expenditures should be to date
• Project status should be either "Complete" or "Active" Fiscal
Year Project Title Amount Approved Expenditures Project Status TOTAL $ $

TDA-4

STATEMENT OF CONFORMANCE
Form TDA-4 must be completed and signed by the Administrative Office of the submitting claimant.

The hereby certifies that the Transportation
Development Act claim for fiscal year(s) in the amount
of $ (LTF), $ (STA) and
$_______________________(STA-SGR) for a total of $ conforms to the requirements of the Transportation Development Act and applicable rules and regulations. (See Attachment A for listing of conformance requirements) Certified by Chief Financial Officer
Title
Date

TDA-5
TDA Claim Certification Form
I, , Chief Finance Officer for the , do hereby
attest, as required under the California Code of Regulations, Title 21, Division 3, Chapter 2, Section 6632, to the reasonableness and accuracy of the following:
(a) The attached budget or proposed budget for FY 20 /20 . (b) The attached certification by the Department of the California Highway Patrol verifying that is in compliance with Section 1808.1 of the Vehicle Code, as required in Public Utilities Code Section 99251.
(c) The estimated amount of maximum eligibility for moneys from the local transportation fund and the state assistance fund, as defined in Section 6634, is $_________________.
__________________________________
(Signature) Chief Financial Officer
(Agency Name)
__________________________________
(Date)

ATTACHMENT A

CONFORMANCE - TDA CLAIMANTS
Standard Assurances
1) 180-Day Certified Fiscal Audit (Applies to all claims; SACOG administers fiscal audits for all operators in the region, with the exception of the Sacramento Regional Transit District) -Assurance that the claimant has submitted a satisfactory independent fiscal audit, with required certification, to SACOG and to the State Controller not more than 180 days after the end of the prior fiscal year (Sections 99245 and 6664). 2) 90-Day Annual State Controller Report (Applies to all transit claims) – Assurance that claimant has submitted this report to the State Controller in conformance with the uniform system of accounts and record not more than 90 days after the end of the prior fiscal year (110 days for electronically submissions) (Section 99243). Claimant should also supply a copy of the State Controller report (SCR) to SACOG no more than 120 days after the end of the prior fiscal year.
3) Use of Federal Funds (Applies to all Article 4 claims) – • Claimant filing a claim for TDA funds for capital intensive projects pursuant to Section 99268.7 certifies that is has made every effort to obtain federal funding for any project which is funded pursuant to Section 99268.7.
• Claimant qualifying for funds pursuant to Section 99268.1 and tiling a claim for TDA funds in excess of the amount allowed by Section 99268 certifies that such funds are required in order to obtain maximum federal operating funds in the year such funds are claimed pursuant to Section 6633.1.
4) Elderly/Disabled (Applies to all transit claims) – That the transit operator is question is in compliance with Section 99155 pertaining to reduced transit fares for elderly and disabled persons and Section 99155.5 pertaining to dial-a-ride and paratransit services. 5) Farebox Recovery Ratio Requirements (Applies to all transit claims) – Claimant filing a claim for LTF or STA funds certifies that it will maintain for the project that ratio of fare revenues and local support to operating cost required under Sections 99268 (including all subparts), 99270.1, 99270.2, 99270.6, and under the “Farebox Requirements for Urbanized and Non-Urbanized Service’ adopted by the SACOG Board of Directors on March 18, 1982, whichever is appropriate.

Exceptions:
6) 50% Expenditure Limitation (Applies only to claims for LTF) – Claimant certifies that it

was in compliance with Section 99268 certifying that it (the claim) will not exceed 50% of the amount required to meet operating, maintenance, capital and debt service costs of the transit system after deduction of approved federal grants and STA funds estimated to be received for the system. (A claimant can received up to 100% of capital costs for gradeseparated mass transit projects under Section 99268 and 99281, for capital intensive transit-related projects under Section 99268.7. and for extension of services under Section 6619.1 and 6633.8)
7) Extension of Services (Applies only to LTF claims) - Claimant who received an allocation of LTF funds for extension of service pursuant to Section 99268.8 certifies that it will file a report of these services pursuant to Section 6633.8(b) within 90 days after close of the fiscal year in which that allocation was granted.
8) Retirement System (Applies only to LTF claims) - Claimant certifies that (1) the current cost of its retirement system is fully funded with respect to the officers and employees of its public transportation system; or (2) the operator is implementing a plan approved by SACOG which will fully find the retirement system for such officers and employees within 40 years; or (3) the operator has a private pension plan which sets aside and invests, on a current bases, funds sufficient to provide for the payment of future pension benefits and which is fully compliant with the requirements stated in Section 99272 and 99273. 9) Maximum Use of Local Transportation Funds (Applies only to Sacramento Regional Transit District STA claim) - That the operator is receiving the maximum allowable amount from the Local Transportation Fund.
10) Part-Time Employees (Applies only to claims for STA) - Claimant certifies that it is not precluded by any contract entered into on or after June 28, 1979 from employing part-time drivers or contracting with common carriers of persons operating under a franchise or license. Claimant further certifies that no person who was a full-time employee on June 28, 1979 shall have his/her employment terminated or his/her regular hours of employment, excluding overtime, reduced as a result of it employing part-time drivers or contracting with such common carriers.
11) Conformance with the Metropolitan (Regional) Transportation Plan (Applies only to claims for STA) - Claimant certifies that all of the purposes for claim expenditures are in conformance with the current Short Range Transit Plan, which is an appendix to the Metropolitan (Regional) Transportation Plan.
12) Full Use of Federal Funds (Applies only to STA claims) - Claimant certifies that it is making full use of federal funds available under the Urban Mass Transportation Act of 1964, as amended.

13) Implementation of Productivity Improvements (Applies only to STA claims) - Claimant certifies that the operator has made a reasonable effort to implement the productivity improvements recommended pursuant to Section 99244.

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: January 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Utilities Mid-year Capital Acquisition Requests Recommendation: A. Approve the following mid-year capital acquisition purchases:

1. Two (2) Evoqua Chlorination Analyzers

2. East Effluent Flowmeter Additional Work

3. Laboratory Autoclave
B. Adopt a Resolution awarding the purchase of one (1) Evoqua Micro2000 Chlorine Analyzer and one (1) Evoqua Deox2000 Sodium Bisulfite Analyzer (Item 1) to G3 Engineering, Inc. of Granite Bay, CA in the total amount of $31,500, with the finding that it is in the best interest of the City C. Adopt a Resolution awarding an amendment for additional work to the purchase of an Endress Hauser Promag Flowmeter (Item 2) for the WWTF east effluent flow to Telstar Instruments of Concord, CA in the amount of $10,689 for a purchase total of $30,371.85, with the finding that it is in the best interest of the City
D. Authorize a supplemental appropriation and related transfers in the amount of $31,500 from Account No. 981103-65501 (WWTF Recurring Plant Projects) to 8120-69201 (WWTF Equipment) for the purchase of two (2) Evoqua Chlorination Analyzers (Item 1)
E. Authorize a supplemental appropriation and related transfers in the amount of $10,689 from Account No. 981103-65501 (WWTF Recurring Plant Projects) to 8120-69201 (WWTF Equipment) for additional work for the purchase of one (1) Endress Hauser Promag Flowmeter (Item 2)
F. Authorize a supplemental appropriation and related transfers in the amount of $13,866.37 from Account No. 8140-66001 (Laboratory Other Materials & Supplies) to 8140-69201 (Laboratory Equipment) for the purchase of one (1) Laboratory Autoclave (Item 3)
Fiscal Impact: $64,176.00 as follows:

1. $31,500.00 – Evoqua Chlorination Analyzers – Acct. No. 8120-69201

2. $10,689.00 – Flowmeter Additional Work – Acct. No. 8120-69201

3. $21,987.00 – Laboratory Autoclave – Acct. No. 8140-69201

Purpose:

To purchase capital acquisitions for the Utilities branch of the Public Works-Development Services Department which were unanticipated in the Fiscal Year 22/23 budget.

Council’s Strategic Goals:

This item addresses Council’s Strategic Goals of Infrastructure and Public Safety through investment in improved operational efficiencies and potential cost savings in wastewater treatment processes and water/wastewater laboratory services.

Background:

The Utilities branch of the Public Works-Development Services Department has identified the need for three (3) capital acquisitions which were not anticipated during the Fiscal Year 22/23 budget process.

Staff is requesting authorization to purchase the following capital acquisitions mid-year:

1. Two (2) Evoqua Chlorine Analyzers (WWTF)

2. East Effluent Flowmeter Additional Work (WWTF)

3. Laboratory Autoclave
A discussion of each item and fiscal impact is provided below.

Analysis:

Item 1: Evoqua Chlorination Analyzers:

The Wastewater Treatment Facility (WWTF) utilizes carefully calculated dosages of chemicals throughout the treatment process, including chlorine and sodium bisulfite, which are monitored by analyzers. The analyzers which monitor the chlorine and sodium bisulfite during the chlorination and de-chlorination stages are aged and require significant maintenance. Wastewater staff is requesting the replacement of one (1) chlorine analyzer with an Evoqua Micro2000 and one (1) sodium bisulfite analyzer with an Evoqua Deox2000 in order to test their operations and maintenance improvements. If these updated analyzers prove to be effective, staff intends to request replacement of the remaining three (3) chlorine and one (1) sodium bisulfite analyzers.

G3 Engineering, Inc. is the sole authorized regional vendor for Evoqua products (Exhibit 1B). Sole sourcing of this equipment is allowed per the City’s Purchasing Policies and Procedures Section 8-

8.4.2., as it has unique design and performance specifications and the vendor is the only authorized seller of this product in the region.

Item 2: East Effluent Flowmeter Additional Work:

The WWTF utilizes two flowmeters in the final effluent stage of the treatment process as it is released into the public waterway. One of the two flowmeters began to malfunction due to water intrusion in the vault it is housed in. Subsequently, Utilities staff requested a replacement Endress Hauser Promag Flowmeter and installation for the east effluent flow from Council on October 5, 2021. Council awarded the purchase and project to Telstar Instruments of Concord, CA by Resolution 21-148 in accordance with the City’s Purchasing Policies and Procedures Section 8-8.4.2.

Telstar Instruments did not receive the flowmeter until August 2022 due to material and manufacturing delays. In the interim, the condition of the existing meter and vault has continued to degrade, which will require significant additional installation and electrical labor (Exhibit 2A). While the cost of the project remains under the fiscal threshold for Council approval per the City’s Purchasing Policies and Procedures, staff is requesting authorization of this change order since the additional cost increases the recorded value of the capital acquisition.

Item 3: Laboratory Autoclave:

The City’s Laboratory provides both internal and commercial water and wastewater testing services for the region. The testing process requires an autoclave to both sterilize the media to prepare it for testing and disinfect biohazardous materials. The existing autoclave was manufactured in 2005 and no longer consistently operates as designed; this means that it cannot be used for the media sterilization process.

Laboratory staff conducted an informal bid procurement process with the needed specifications per the City’s Purchasing Policies and Procedures and received two bids from interested vendors (Attachment 3).

Fiscal Impact:

Item 1: Evoqua Chlorination Analyzers:

The total cost of the purchase of one Evoqua (1) Micro2000 Chlorine Analyzer and one (1) Evoqua Deox2000 Sodium Bisulfite Analyzer, including associated equipment, startup by Borges & Mahoney, freight, and sales tax, is $26,297.31. Staff is requesting a 20% contingency due to dynamic materials and services costs, for a total of $31,500. There are sufficient funds available in the Capital Improvement Program (CIP) WWTF Recurring Plant Projects account (Account No. 981103-65501) for this purchase, which will need to be transferred to the operating budget Equipment account (Account No. 8120-69201) for depreciation tracking of this capital acquisition. The quote from G3 Engineering, Inc. may be seen in Exhibit 1A.

Staff projects immediate cost savings with the significantly reduced maintenance. There may also be future cost savings for chemicals due to increased accuracy and efficiency.

Item 2: East Effluent Flowmeter Additional Work:

The total cost of the additional labor and materials for the installation of the east effluent flowmeter is $10,689, for a project total of $30,371.85. There are sufficient funds available in the Capital Improvement Program (CIP) WWTF Recurring Plant Projects account (Account No. 981103-65501) for this purchase, which will need to be transferred to the operating budget Equipment account (Account No. 8120-69201) for depreciation tracking of this capital acquisition. The change order from Telstar Instruments may be seen in Exhibit 2A.

Item 3: Laboratory Autoclave:

The estimated total cost for the purchase of an autoclave is $18,322.77, based on the results of the informal bid process. Staff is requesting a 20% contingency due to dynamic materials and services costs, for a total of $21,987. There is currently $8,120.63 available in the Laboratory’s Equipment account (Account No. 8140-69201), which is the savings remaining from the purchase of the Chromatography Instrument, authorized in the Fiscal Year 22/23 budget. There are sufficient funds available in the Laboratory’s operating budget for the $13,866.37 remainder in Account No. 8140-66001 (Other Materials and Supplies), which will need to be transferred to the Equipment account (Account

No. 8140-69201) for depreciation tracking of this capital acquisition. The two quotes resulting from the informal bid are included as Attachment 3.

Alternatives:

1. Deny the purchase of one or more of the acquisition requests.

2. Direct staff to request one or more of the acquisitions in the Fiscal Year 23/24 budget.

Recommendation:

A. Approve the following mid-year capital acquisition purchases:

1. Two (2) Evoqua Chlorination Analyzers

2. East Effluent Flowmeter Additional Work

3. Laboratory Autoclave
B. Adopt a Resolution awarding the purchase of one (1) Evoqua Micro2000 Chlorine Analyzer and one (1) Evoqua Deox2000 Sodium Bisulfite Analyzer (Item 1) to G3 Engineering, Inc. of Granite Bay, CA in the total amount of $31,500, with the finding that it is in the best interest of the City.

C. Adopt a Resolution awarding an amendment for additional work to the purchase of an Endress Hauser Promag Flowmeter (Item 2) for the WWTF east effluent flow to Telstar Instruments of Concord, CA in the amount of $10,689 for a purchase total of $30,371.85, with the finding that it is in the best interest of the City.

D. Authorize a supplemental appropriation and related transfers in the amount of $31,500 from Account No. 981103-65501 (WWTF Recurring Plant Projects) to 8120-69201 (WWTF Equipment) for the purchase of two (2) Evoqua Chlorination Analyzers (Item 1).

E. Authorize a supplemental appropriation and related transfers in the amount of $10,689 from Account No. 981103-65501 (WWTF Recurring Plant Projects) to 8120-69201 (WWTF Equipment) for additional work for the purchase of one (1) Endress Hauser Promag Flowmeter (Item 2).

F. Authorize a supplemental appropriation and related transfers in the amount of $13,866.37 from Account No. 8140-66001 (Laboratory Other Materials & Supplies) to 8140-69201 (Laboratory Equipment) for the purchase of one (1) Laboratory Autoclave (Item 3).

Attachments:

1. Attachment 1 - Resolution G3 Engineering Evoqua Chlorination Analyzers - Utilities Mid-year Cap Acqs

2. Exhibit 1A G3 Engineering Chlorination Analyzers Quote CD1069 - Utilities Mid-year Cap Acqs

3. Exhibit 1B Evoqua Letter - Utilities Mid-year Cap Acqs

4. Attachment 2 - Resolution East Effluent Flowmeter Additional Work - Utilities Mid-year Cap Acqs

5. Exhibit 2A Telstar Instruments Change Order - Utilities Mid-year Cap Acqs

6. Attachment 3 Lab Autoclave Informal Bids - Utilities Mid-year Cap Acqs Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst II
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING THE PURCHASE OF ONE (1) EVOQUA MICRO2000 CHLORINE ANALYZER AND ONE (1) EVOQUA DEOX2000 SODIUM BULSIFTE ANALYZER TO G3
ENGINEERING, INC. OF GRANITE BAY, CA
WHEREAS, the City of Yuba City utilizes carefully calculated dosages of chemicals throughout the treatment process, including chlorine and sodium bisulfite, which are monitored by analyzers at the Wastewater Treatment Facility (WWTF); and WHEREAS, the City desires to purchase one (1) Evoqua Micro2000 Chlorine Analyzer and one (1) Evoqua Deox2000 Sodium Bisulfite Analyzer to replace existing aged analyzers in the chlorination and de-chlorination treatment stage that require significant maintenance and have caused operational inefficiencies; and WHEREAS, the Evoqua Water Technology chlorination analyzers have unique specifications and functionality, and Evoqua has appointed G3 Engineering, Inc. of Granite Bay, CA as the sole authorized representative for the region (Exhibit 1B); and WHEREAS, City Public Works Department staff has reviewed the equipment specifications and pricing and determined them to be fair, reasonable, and appropriate for the accurate operation of the WWTF’s chlorination and de-chlorination stage of treatment; and
WHEREAS, the City may sole source the purchase of this equipment in accordance with Purchasing Policy Section 8-8.4.2, as it is equipment with unique performance specifications and the vendor is the only authorized seller of this product in the region; and
WHEREAS, the City desires to award the purchase of one (1) Evoqua Micro2000 Chlorine Analyzer and one (1) Evoqua Deox2000 Sodium Bisulfite Analyzer to G3 Engineering, Inc. of Granite Bay, CA in the amount of $31,500.

NOW, THEREFORE, the City Council of the City of Yuba City resolves as follows:

1. The City Council finds and determines that this project falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301 as this contract is to allow for the repair, operation, and operation of an existing public wastewater treatment plant facility, involving the replacement of existing chlorination and de-chlorination analyzers that will involve negligible or no expansion of the existing facility. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project.

2. The City Council of Yuba City awards the purchase of one (1) Evoqua Micro2000 Chlorine Analyzer and one (1) Evoqua Deox2000 Sodium Bisulfite Analyzer to G3 Engineering, Inc. of Granite Bay, CA in the amount of $31,500., with the finding that it is in the best interest of the City.

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 17th day of January, 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit(s):

A. G3 Engineering, Inc. Quotation # CD1069
B. Evoqua Sole Source Letter December 19, 2022

EXHIBIT 1A

G3 Engineering, Inc.

P.O. Box 2148
Granite Bay, CA 95746 Date: 12/12/2022
Phone: (209) 225-5095 Quotation #: CD1069
Email: [email protected] Revision: 0
Attention: Colton Franklin, City of Yuba City
Reference:

Subject: Evoqua Micro2000 and Deox2000 Chlorine Analyzer Item Qty Description Unit Price Net Price
1 1 Mirco2000 w/SFC Controller; Part #: W3T92447 SFC-1-W-1-6 $10,201.50 $10,201.50 Lead time: 4-6 weeks
2 1 Deox2000 w/SFC Controller; Part #: W3T92447 SFC-1-Y-1-6 $12,252.81 $12,252.81 Lead time: 4-6 weeks
3 1 Startup by Borges and Mahoney - 1 day $2,000.00 $2,000.00 4 1 Estimated Freight - Ground $70.00 $70.00
5 1 Estimated Sales Tax for Items 1-3 $1,773.00 $1,773.00 Subtotal: $26,297.31
Notes:
1) Pricing includes estimated sales tax and freight. Freight to be prepay and add unless directed otherwise. FOB factory.
2) Quote is valid for 30 days.
3) Payment terms are net 30 days after shipment.
4) Purchase order shall be made out to G3 Engineering, Inc. 5) Items not specifically listed on this quote are not included in the scope and are to be supplied by others. Quote is furnish only, installation is not included. Sale is subject to G3 Engineering, Inc. standard terms and conditions.

Quotation

EXHIBIT 1B

Evoqua Water Technologies, LLC
725 Wooten Road
Colorado Springs, CO 80915
Monday, December 19, 2022
Subject: Equipment Sales for Evoqua Water Technology Analyzer & Controllers Ref: Yuba City, CA
To Whom it May Concern:

Evoqua Water Technology has appointed G3 Engineering as sole authorized representative for the Wallace & Tiernan product line of analyzers and controllers, including the Micro2000 and Deox2000 products. Evoqua representatives provide sales and application guidance for the use of these products in all municipal applications.

If you have any questions or require additional information, please feel free to contact me.

Regards,
Bryce Possiel
Technical Sales Manager - Disinfection
Evoqua Water Technologies / Wallace & Tiernan
558 Clark Rd.

Tewksbury, MA 01876
E. [email protected]
T. 978-408-4531

ATTACHMENT 2

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING

AN AMENDMENT FOR ADDITIONAL WORK TO THE PURCHASE AND

INSTALLATION OF THE ENDRESS HAUSER PROMAG FLOWMETER TO TELSTAR

INSTRUMENTS OF CONCORD, CA
WHEREAS, the City of Yuba City utilizes two flowmeters to monitor the final effluent stage of the wastewater treatment process; and WHEREAS, the City desired to purchase and install a replacement Endress Hauser Promag Flowmeter for the east effluent that had begun to malfunction due to age and water intrusion and the City Council approved the purchase of that capital acquisition on October 5, 2021; and
WHEREAS, the City awarded the sole-source purchase and installation of the East Effluent Flowmeter to Telstar Instruments of Concord, CA on said date by Resolution 21-148 with the finding that it was in the best interest of the City, in accordance with Purchasing Policy Section 8-8.4.2; and
WHEREAS, Telstar Instruments received the Endress Hauser Promag Flowmeter in August 2022 and has identified additional construction and electrical work necessary due to the project delay and continued degradation of the site; and WHEREAS, the City desires to award an amendment for additional work to the purchase of one (1) Endress Hauser Promag Flowmeter to Telstar Instruments of Concord, CA in the amount of $10,689.00; and
WHEREAS, the said amendment increases the project total and value of the capital acquisition to $30,371.85.

NOW, THEREFORE, the City Council of the City of Yuba City resolves as follows:

1. The City Council finds and determines that this project falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301 as this contract is to allow for the repair, operation, and operation of an existing public wastewater treatment plant facility, involving the replacement of an existing flowmeter that will involve negligible or no expansion of the existing facility.

Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project.

2. The City Council of Yuba City awards an amendment for additional work to the purchase of one (1) Endress Hauser Promag Flowmeter to Telstar Instruments of Concord, CA in the amount of $10,689.00 for a project total of $30,371.85, with the finding that it is in the best interest of the City.

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 17th day of January, 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit(s):

A. Telstar Instruments Change Order Reference SR# 10-38664

EXHIBIT 2A

Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE 1717 Solano Way, Unit 34, Concord, CA 94520 Phone 925-671-2888, Fax 925-671-9507 4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028

August 10, 2022
Mike Finnagan
WWTP Supervisor
Yuba City WWTP
Sent via Email: [email protected]
Subject: East Effluent Flowmeter Replacement, Change Order - 01 Reference: SR#10-38664
Dear Mike,
Telstar Instruments is pleased to provide a Proposal for the referenced project.

By accepting this proposal from Telstar, you agree to treat this as confidential information.

SCOPE OF SUPPLY / SERVICES

1. Telstar will provide two technicians for the additional labor required to remove the existing 24” flowmeter and it replace with a new 24” meter. This additional work is required due to delays in the line being isolated and the condition of the existing meter and bolts. Each of the meter flange bolts needed to be torched and a porta-power was used for removal.

2. Telstar will furnish materials and two electricians for one day to repair and relocate the conduits in the flowmeter vault. Any repairs will be performed using schedule 80 PVC conduits. This work is in addition to the work that was quoted for the meter replacement. This relocation is being requested so that a new traffic rated lid can be placed onto the meter vault. Any concrete demolition and concrete replacement work is by others.

Lump Sum Price for this Scope.............................................................................................$10,689.00 Shipping and Handling for Telstar Supplied Materials is included Sales Tax on Telstar Supplied Materials is included
This quotation is based on Customer’s representation that this IS a prevailing wage project.

CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
a. Material price is valid for seven (7) days from date referenced on this quote (Refer to COVID clause RE: MATERIAL PRICING AND DELIVERY under Terms and Conditions) b. Telstar assumes that our technician will have ready access to existing flow meter for replacement.
c. This quotation is based on the inclusion of Telstar’s standard Terms and Conditions as part of any purchase order, contract or other agreement.

Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE

d. Telstar’s quotation includes only those items listed above. Requests for additions/deletions from our scope will require a change in the quoted price. e. Telstar assumes no responsibility for performance, applicability, compatibility, start-up, testing, or acceptance of any equipment not furnished by Telstar under this proposal. f. Telstar is supplying only equipment specified and noted above. g. Please reference the above stated quote number in all correspondence and purchase orders.

TERMS AND CONDITIONS
Base Terms: Quotation is valid for 30 days from the date of Telstar’s quotation. Payment is due and payable 30 days from date of invoice. If payment is not received by the 30th day, a .05% daily service charge (18-3/4% per annum) will be charged on all accounts past due. In the event of a dispute concerning payment, attorney's fees, court costs and costs of collection will be paid to the prevailing party. The cost for permits and bonding are excluded unless expressly referenced in Telstar’s quotation. Our standard insurance applies unless agreed to in writing by Telstar.

Telstar’s standard one year parts only warranty applies to this quotation. All other warranties, express or implied, or referenced elsewhere in contract documents are excluded, including but not limited to implied warranties of merchantability or fitness for purpose. Unless expressly stated in Telstar’s estimate, this quote is based on standard straight time hours and does not include any prevailing wage rates. The price quoted herein is for the labor and materials specifically listed within the body of this quote. Service calls are charged at a 4-hour minimum per person, excluding travel time. Unless expressly stated in the quotation, training, operation and maintenance manuals, and preparation of as built drawings are excluded from Telstar’s scope of work.

Limitation of Liability: (a) In no event shall Telstar, its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of the Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, delays, and claims of customers of Customer, its officers, directors, members employees or any third parties for any damages. Telstar’s liability for any claim whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case exceed twenty-five percent (25%) of the purchase price allocable to the Equipment, part or Services that is the subject of the claim. (b) All causes of action against Telstar Instruments arising out of or relating to this Agreement or the performance or breach hereof shall are deemed barred unless brought within one year from the date of discovery or other accrual. (c) In no event, regardless of cause, shall Telstar Instruments be liable for liquidated damages, offsets or penalties of any kind or to indemnify, defend or hold harmless Customer, its officers, directors, members, employees or any third party, arising from or related to the Equipment and/or Services provided by Telstar.

Force Majeure: Telstar shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, acts or omissions of any governmental authority or of Customer, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing enumerated causes. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate Telstar Instruments for such delay.

Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE

Cancellation: In the event of cancellation by Customer, Customer agrees to fully reimburse and compensate Telstar for all costs associated with this Quotation or subsequent order, including but not limited to engineering, labor, materials, quote and estimating time, and product return fees, plus a ten percent (10%) markup to compensate for disruption in scheduling, planned production, indirect costs and profit. Payment for cancellation shall be due within ten (10) days from the date of submission of charges by Telstar.

Entire Agreement: This Quotation constitutes the entire agreement between Telstar and Customer. There are no agreements, understandings, restrictions, warranties, or representations between Telstar and Customer other than those set forth herein or herein provided. This Quotation may only be amended, changed or revised by a written amendment signed by an authorized representative of Telstar. No oral or implied agreements shall be of any force or affect.

Precedence: In the event Telstar is issued an authorization for work, Purchase Order, Contract or similar Agreement with conflicting Terms and Conditions than those set forth herein, these Terms and Conditions will take precedence and will supersede any and all other conflicting Terms and Conditions.

Submittals: In the event Telstar receives a Notice to Proceed or a written statement to proceed with submittals, Telstar will be entitled to compensation based on percent of completion of submittal cost to Customer. Telstar will prepare only one set of submittals, and any resubmittals shall be subject to an additional charge for engineering time and other costs in preparing re-submittals.

Prevailing Wages: Telstar relies upon Customer’s representations as to whether this Project requires payment of prevailing wages. Customer agrees to defend, indemnify and hold Telstar harmless from and against any and all claims, actions and demands, including but not limited to payment of legal fees, fines, back pay, and any penalties or interest, associated with Customer’s inaccurate representation of whether prevailing wages are required to be paid.

TELSTAR’S COVID AND INDUSTRY CLAUSE RE: MATERIAL PRICING AND DELIVERY: Telstar is unable to hold prices on materials for more than 7 days. Prices for plastic, copper, steel, and other commodities fluctuate daily. Our vendors and manufacturers are experiencing unprecedented delays due to COVID-19 staffing, a shortage of containers, port congestion, and raw material shortages that have extended lead times significantly. Telstar reserves the right to amend the delivery date and the price of materials set forth in this quotation. Telstar considers any of the above related changes imposed by our vendors and manufacturers as outside its reasonable control and subject to Force Majeure provisions.

We look forward to working with you on this project. If you have any questions, please contact me at the phone number below.

Sincerely,
Ben Herston
Managing Director
Telstar Instruments
(916) 204-2747
[email protected]

ATTACHMENT 3

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: January 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Human Resources Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Plans Examiner I/II
Recommendation: Adopt a Resolution authorizing:

The Finance Director to amend the salary schedule for the Plans Examiner I/II classification and to set appropriate compensation
Fiscal Impact: The Plans Examiner position was budgeted as part of the Fiscal Year 2022/2023 budget process.

Purpose:

To update the Building Plans Examiner classification from a single level to a series containing two levels which are flexibly staffed. This recommendation requires an update to the salary schedule to provide for the two levels. Adding levels to the Building Plans Examiner position allows the position to be flexibly staffed, meaning employees have advancement within the classification. This recommendation requires an update to the classification title to change from Building Plans Examiner to Plans Examiner I/II.

Council's Strategic Goal: Fiscal Responsibility
Background:

During the FY22/23 budget process, Development Services allocated funds to modify the Building Plans Examiner classification into a two-level series and to provide for one budgeted position. Moving from a one-level series to a two-level series allows employee development into the classification as well as provides for future advancement.

The Plans Examiner I/II’s purpose is to perform a variety of professional and technical duties in support of building development efforts including reviewing the full range of residential and commercial building plans and working with the public, design professionals and contractors with permitting and complying with State Codes and the City's Municipal Code requirements.

While budget dollars are allocated for a Plans Examiner I/II position, the Building Plans Examiner classification title and salary needs to be updated and added to the City’s publicly available salary schedule.

Analysis:

Plans Examiner I/II
The salary schedule:
(Note: Effective June 9, 2018, a new 9-step salary schedule was implemented for new City employees hired in any Local 1 position. The 9-step salary schedule shares both the first step and last step with the 5-step salary schedule.)
There is 10% salary separation between the Plans Examiner I and Plans Examiner II between step 1 of the Plans Examiner I and step 1 of the Plans Examiner II.

Proposed Five Step Salary Schedule:

Plans Examiner I:
1 2 3 4 5
JCN $5,730 $6,016 $6,317 $6,633 $6,965
TBD $33.06 $34.71 $36.44 $38.27 $40.18
Plans Examiner II:
1 2 3 4 5
JCN $6,303 $6,618 $6,949 $7,296 $7,661
TBD $36.36 $38.18 $40.09 $42.09 $44.20
Proposed Nine Step Salary Schedule:

Plans Examiner I:
1 2 3 4 5 6 7 8 9
JCN $5,730 $5,873 $6,016 $6,167 $6,317 $6,475 $6,633 $6,799 $6,965 TBD $33.06 $33.88 $34.71 $35.58 $36.44 $37.36 $38.27 $39.23 $40.18 Plans Examiner II:
1 2 3 4 5 6 7 8 9
JCN $6,303 $6,461 $6,618 $6,784 $6,949 $7,123 $7,296 $7,479 $7,661 TBD $36.36 $37.28 $38.18 $39.14 $40.09 $41.09 $42.09 $43.15 $44.20 Public Employees Union, Local 1 has approved the recommended changes that are recommended to take effect on 1/28/23.

Fiscal Impact:

The Plans Examiner I/II classification was budgeted as part of the Fiscal Year 22/23 budget process.

Alternatives:

Do not approve the proposed salary schedule and classification change for the Plans Examiner I/II and provide staff direction.

Recommendation:

Adopt a Resolution authorizing:

1. The Finance Director to amend the salary schedule for the Plans Examiner I/II classification and to set appropriate compensation
Attachments:

1. Resolution

2. Salary Schedule
Prepared By: Submitted By:

Aricka Espinoza
Adminstrative Analyst
Diana Langely
City Manager

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE SALARY SCHEDULE FOR

PLANS EXAMINER I/II
WHEREAS, Development Services has determined the need for a flexibly staffed Plans Examiner I/II; and
WHEREAS, the City Council approved the funding for a Plans Examiner position during the fiscal year 22/23 budget process; and
WHEREAS, Public Employees’ Union, Local 1 has approved the recommended changes; WHEREAS, the City complies with CalPERS salary schedule requirements which require the City to have a publicly available describing the City’s approved compensation ranges; WHEREAS, the Plans Examiner I/II salary and classification changes needs to be set and approved by City Council; and
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Yuba City as follows:

SECTION I: CLASSIFICATION TITLE
A. The City Council approves the change of the Building Plans Examiner classification from a single Building Plans Examiner classification to a flexibly staffed Plans Examiner I/II.

SECTION II: SALARY SCHEDULE AMENDMENT
FROM:

Plans Examiner:
1 2 3 4 5
JCN $6,303 $6,618 $6,949 $7,296 $7,661
TBD $36.36 $38.18 $40.09 $42.09 $44.20
1 2 3 4 5 6 7 8 9
JCN $6,303 $6,461 $6,618 $6,784 $6,949 $7,123 $7,296 $7,479 $7,661 TBD $36.36 $37.28 $38.18 $39.14 $40.09 $41.09 $42.09 $43.15 $44.20 TO:

Plans Examiner I (10% less than Plans Examiner II):
1 2 3 4 5

JCN $5,730 $6,016 $6,317 $6,633 $6,965
TBD $33.06 $34.71 $36.44 $38.27 $40.18
1 2 3 4 5 6 7 8 9
JCN $5,730 $5,873 $6,016 $6,167 $6,317 $6,475 $6,633 $6,799 $6,965 TBD $33.06 $33.88 $34.71 $35.58 $36.44 $37.36 $38.27 $39.23 $40.18 Plans Examiner II:
1 2 3 4 5
JCN $6,303 $6,618 $6,949 $7,296 $7,661
TBD $36.36 $38.18 $40.09 $42.09 $44.20
1 2 3 4 5 6 7 8 9
JCN $6,303 $6,461 $6,618 $6,784 $6,949 $7,123 $7,296 $7,479 $7,661 TBD $36.36 $37.28 $38.18 $39.14 $40.09 $41.09 $42.09 $43.15 $44.20 SECTION III: EFFECTIVE DATE
These changes shall become effective with the payroll period beginning January 28, 2023.

The Director of Finance is hereby authorized and directed to make the necessary salary schedule and budget adjustments, and appropriations consistent with this Resolution to implement the provisions of this Resolution.

The foregoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 17th day of January, 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
________________________
Stacey Sheston
BB&K, Special Counsel

ATTACHMENT 2

Public Employees Union, Local #1 - EMPLOYEES HIRED PRIOR TO JUNE 9, 2018 Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5
4255 PLANS EXAMINER PEU, Local 1 6,303 6,618 6,949 7,296 7,661 Monthly Current Schedule

36.36 38.18 40.09 42.09 44.20 Hourly
PLANS EXAMINER I PEU, Local 1 5,730 6,016 6,317 6,633 6,965 Monthly Proposed - 10% below PE II

33.06 34.71 36.44 38.27 40.18 Hourly
PLANS EXAMINER II PEU, Local 1 6,303 6,618 6,949 7,296 7,661 Monthly Proposed

36.36 38.18 40.09 42.09 44.20 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 2, 2022

SALARY STEPS

Public Employees Union, Local #1 - EMPLOYEES HIRED ON OR AFTER JUNE 9, 2018 Bargaining SALARY STEPS
JCN CLASSIFICATION Group 1 2 3 4 56789
5255 PLANS EXAMINER PEU, Local 1 6,303 6,461 6,618 6,784 6,949 7,123 7,296 7,479 7,661 Monthly

36.36 37.28 38.18 39.14 40.09 41.09 42.09 43.15 44.20 Hourly PLANS EXAMINER I PEU, Local 1 5,730 5,873 6,016 6,167 6,317 6,475 6,633 6,799 6,965 Monthly

33.06 33.88 34.71 35.58 36.44 37.36 38.27 39.23 40.18 Hourly PLANS EXAMINER II PEU, Local 1 6,303 6,461 6,618 6,784 6,949 7,123 7,296 7,479 7,661 Monthly

36.36 37.28 38.18 39.14 40.09 41.09 42.09 43.15 44.20 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 2, 2022

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: January 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Human Resources Department
Presentation By: Natalie Springer, Human Resources Director Summary
Subject: CalPERS Employer Paid Member Contribution Resolutions Recommendation: Adopt Resolutions for paying and reporting the value of Employer Paid Member Contributions for the Police Mid-Managers and Police First Level Managers Fiscal Impact: None
Purpose:

To ensure City resolutions with CalPERS accurately reflect Memorandum of Understanding.

Council's Strategic Goal:

Fiscal Responsibility.

Background:

The City recently made bargaining unit modifications to the Police Mid-Managers and Police First Level Managers. The modifications included adding non-sworn personnel to these bargaining units and name changes of (1) the Police Sworn Mid-Managers unit to the Police Mid-Managers unit, and (2) the Police Sergeants unit to the Police First Level Managers unit.

Upon reviewing the bargaining unit modifications in myCalPERS, staff noticed that CalPERS records do not accurately identify that the City also pays and reports the value of Employer Paid Member Contributions (EPMC) on behalf of non-sworn personnel in the Police Mid-Managers and Police First Level Manager units.

Analysis:

Because of the bargaining unit modifications, legally determined non-sworn personnel need to be identified specifically in the EPMC resolutions for the Police Mid-Managers and Police First Level Managers. This is a CalPERS clean up item as a result of the bargaining unit modifications.

These resolutions do not change the current EPMC arrangement nor do they change any method of how the City is paying and reporting CalPERS contributions.

Note: Employees hired under Public Employees’ Pension Reform Act of 2013 are not eligible to receive EPMC or value EPMC.

Fiscal Impact:

None.

Alternatives:

None - proposed changes would require discussions with the bargaining units.

Recommendation:

Adopt Resolutions for paying and reporting the value of Employer Paid Member Contributions for the Police Mid-Managers and Police First Level Managers.

Attachments:

1. CalPERS Resolution-Paying-Reporting PMM 1.17.23 FINAL

2. CalPERS Resolution-Paying-Reporting PFLM 1.17.23 FINAL

3. CalPERS EPMC Resolutions 1.17.23 FINAL
Prepared By: Submitted By:

Sheleen Loza
Administrative Analyst II
Diana Langley
City Manager

ATTACHMENT 1

CalPERS ID:
6515248486

RESOLUTION FOR PAYING AND REPORTING THE VALUE OF

EMPLOYER PAID MEMBER CONTRIBUTION
WHEREAS, the governing body of the City of Yuba City has the authority to implement Government Code Section 20636(c) (4) pursuant to Section 20691; WHEREAS, the governing body of the City of Yuba City has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer, and reported as additional compensation; WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the governing body of the City of Yuba City of a Resolution to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC);
WHEREAS, the governing body of the City of Yuba City has identified the following conditions for the purpose of its election to pay and report the value of EPMC; • This benefit shall apply to all employees of Police Mid-Managers, except any employees deemed “new members” as that term is defined in the California Public Employees’ Pension Reform Act of 2013.
• This benefit shall consist of paying 9% of the normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable {excluding Government Code Section 20636(c)(4)} as additional compensation on behalf of safety members.
• Effective October 22, 2022 this benefit shall consist of paying 8% of the normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable {excluding Government Code Section 20636(c)(4)} as additional compensation on behalf of first tier miscellaneous members. • This benefit shall consist of paying 7% of the normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable {excluding Government Code Section 20636(c)(4)} as additional compensation on behalf of second tier miscellaneous members. • Unless a different effective date is stated above, the effective date of this Resolution shall be January 17, 2023.

NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of Yuba City elects to pay and report the value of EPMC, as set forth above.

BE IT FURTHER RESOLVED that this Resolution shall supersede EPMC Resolution for Police Sworn Mid-Managers adopted on December 21, 2021.

PASSED AND ADOPTED by the governing body of the City of Yuba City this 17th day of January 2023.

BY _______________________________________
(Signature of Official)
_______________________________________
(Title of Official)

* Note: Payment of EPMC and reporting the value of EPMC on compensation earnable is on pay rate and special compensation except special compensation delineated in Government Code Section 20636(c)(4) which is the monetary value of EPMC on compensation earnable.

ATTACHMENT 2

CalPERS ID:
6515248486

RESOLUTION FOR PAYING AND REPORTING THE VALUE OF

EMPLOYER PAID MEMBER CONTRIBUTION
WHEREAS, the governing body of the City of Yuba City has the authority to implement Government Code Section 20636(c) (4) pursuant to Section 20691; WHEREAS, the governing body of the City of Yuba City has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer, and reported as additional compensation; WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the governing body of the City of Yuba City of a Resolution to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC);
WHEREAS, the governing body of the City of Yuba City has identified the following conditions for the purpose of its election to pay and report the value of EPMC; • This benefit shall apply to all employees of Police First Level Managers, except any employees deemed “new members” as that term is defined in the California Public Employees’ Pension Reform Act of 2013. • This benefit shall consist of paying 9% of the normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable** {excluding Government Code Section 20636(c)(4)} as additional compensation on behalf of safety members.
• Effective October 22, 2022, this benefit shall consist of paying 8% of the normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable** {excluding Government Code Section 20636(c)(4)} as additional compensation on behalf of first tier miscellaneous members.
• This benefit shall consist of paying 7% of the normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable** {excluding Government Code Section 20636(c)(4)} as additional compensation on behalf of second tier miscellaneous members. • Unless a different effective date is stated above, the effective date of this Resolution shall be January 17, 2023.

NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of Yuba City elects to pay and report the value of EPMC, as set forth above.

BE IT FURTHER RESOLVED that this Resolution shall supersede Resolution No. 00-077 adopted on June 20, 2000.

PASSED AND ADOPTED by the governing body of the City of Yuba City this 17th day of January, 2023.

BY _______________________________________
(Signature of Official)
_______________________________________
(Title of Official)

* Note: Payment of EPMC and reporting the value of EPMC on compensation earnable is on pay rate and special compensation except special compensation delineated in Government Code Section 20636(c)(4) which is the monetary value of EPMC on compensation earnable.

ATTACHMENT 3

RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF YUBA CITY

FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER

CONTRIBUTION FOR POLICE MID-MANAGERS AND POLICE FIRST LEVEL MANAGERS WHEREAS, the governing body of the City of Yuba City has the authority to implement Government Code Section 20636(c) (4) pursuant to Section 20691; and WHEREAS, the governing body of the City of Yuba City has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer, and reported as additional compensation; and
WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the governing body of the City of Yuba City of a Resolution to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC); and WHEREAS, the governing body of the City of Yuba City has identified the following conditions for the purpose of its election to pay and report the value of the EPMC:

1. Police Mid-Manager:
• This benefit shall apply to all employees of Police Mid-Managers, except any employees deemed “new members” as that term is defined in the California Public Employees’ Pension Reform Act of 2013.
• Effective March 20, 2018, this benefit shall consist of paying 9% of the normal member contribution as EPMC, and reporting the same percent (value) of compensation earnable [excluding Government Code Section 20636(c)(4)] as additional compensation on behalf of safety members.
• Effective October 22, 2022 this benefit shall consist of paying 8% of the normal member contribution as EPMC, and reporting the same percent (value) of compensation earnable [excluding Government Code Section 20636(c)(4)] as additional compensation on behalf of first tier miscellaneous members. • Effective January 17, 2023, this benefit shall consist of paying 7% of the normal member contribution as EPMC, and reporting the same percent (value) of compensation earnable [excluding Government Code Section 20636(c)(4)] as additional compensation on behalf of second tier miscellaneous members.

2. Police First Level Managers:
• This benefit shall apply to all employees of the Police First Level Managers group, except any employees deemed “new members” as that term is defined in the California Public Employees’ Pension Reform Act of 2013.
• Effective June 17, 2000, this benefit shall consist of paying 9% of the normal member contribution as EPMC, and reporting the same percent (value) of compensation earnable [excluding Government Code Section 20636(c)(4)] as additional compensation on behalf of safety members.
• Effective October 22, 2022, this benefit shall consist of paying 8% of the normal member contribution as EPMC, and reporting the same percent (value) of compensation

earnable [excluding Government Code Section 20636(c)(4)] as additional compensation on behalf of first tier miscellaneous members. • Effective January 17, 2023, this benefit shall consist of paying 7% of the normal member contribution as EPMC, and reporting the same percent (value) of compensation earnable [excluding Government Code Section 20636(c)(4)] as additional compensation on behalf of second tier miscellaneous members.

NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of Yuba City elects to pay and report the value of EPMC, as set forth above.

BE IT FURTHER RESOLVED that this Resolution shall ratify the City of Yuba City’s historical practice of paying and reporting the value of EPMC on behalf of safety and miscellaneous members of the Police Mid-Managers group, formerly known as Police Sworn Mid-Managers, and Police First Level Managers, formerly known as Police Sergeants, as of the dates stated above.

BE IT FURTHER RESOLVED that this Resolution shall supersede the portion of Resolution No. 21-196 that applies to Police Sworn Mid-Managers.

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 17th day of January 2023.

AYES:

NOES: None
ABSENT: None
_________________________
Wade Kirchner, Mayor
ATTEST:
__________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
_________________________
Stacey Sheston, Special Counsel
Best Best & Krieger, LLP

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: January 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Human Resources Department
Presentation By: Natalie Springer, Human Resources Director Summary
Subject: Proposed City Hall Holiday Closures
Recommendation: Adopt a Resolution authorizing the closure of City Hall for Monday, July 3, 2023 through Tuesday, July 4, 2023, Monday, November 20, 2023 through Friday, November 24, 2023, and Monday, December 25, 2023 through Monday, January 1, 2024
Fiscal Impact: None
Purpose:

To provide advance notice for the public and City staff to plan for the holiday periods: 1. Independence Day: July 3, 2023 through July 4, 2023; 2. Thanksgiving: Monday, November 20, 2023 through Friday, November 24, 2023; and 3. Christmas/New Year’s Day: Monday, December 25, 2023 through Monday, January 1, 2024.

Background:

Historically, the numbers of City Hall routine counter service requests or utility bill payments around Thanksgiving and between Christmas and New Year’s Day are low. Since 2011, City Hall has been closed for a week around the Christmas/New Year’s Day holidays. In 2020, the holiday closure was expanded to include the Thanksgiving week and staff is proposing a Thanksgiving closure again this year. Additionally, this year staff is proposing to expand the closure to include Monday, July 3, 2023 for Independence Day.

The proposed time periods to close City Hall:

1. Independence Day: Monday, July 3, 2023 through Tuesday, July 4, 2023;

2. Thanksgiving Week: Monday, November 20, 2023 through Friday, November 24, 2023;

3. Christmas and New Year’s Week: Monday, December 25, 2023 through Monday, January 1, 2024.

Independence Day falls on Tuesday, July 4. City Hall shall be closed on Monday, July 3 and re-open on Wednesday, July 5.

Mon.

July 3
Tues.

July 4
Wed.

July 5
Thurs.

July 6
Fri.

July 7
Closure
Holiday
Closure Open Open Open
Thanksgiving Holidays (the fourth Thursday in November and the day following Thanksgiving) fall on November 23 and 24. City Hall shall be closed on Monday, November 20 and re-open on Monday, November 27.

Mon.

Nov. 20
Tues.

Nov. 21
Wed.

Nov. 22
Thurs.

Nov. 23
Fri.

Nov. 24
Sat.

Nov.
25 Sun.

Nov.
26 Mon.

Nov. 27
Closure Closure Closure
Holiday
Closure
Holiday
Closure Open
For the 2023 Christmas and New Year’s Holiday Schedule, City Hall shall be closed on Monday, December 25 and re-open on Tuesday, January 2. This year, Staff recommends allowing employees the option to take the eight hours of holiday time either on Friday, December 22nd or Tuesday, December 26th or on Friday, December 29th or Tuesday, January 2, see table below. Since City Hall is open on December 22 and January 2, employees must coordinate their holiday time request with their supervisor to ensure adequate counter coverage is available on those days.

Fri.

Dec. 22
Mon.

Dec. 25
Tues.

Dec. 26
Wed.

Dec. 27
Thurs.

Dec. 28
Fri.

Dec. 29
Sat.

Dec.
30 Sun.

Dec.
31 Mon.

Jan. 1
Tues.

Jan. 2
Obs.

Float
Holiday
Open
Obs.

Holiday
Closure
Obs.

Float
Holiday
Closure Closure Closure
Obs.

Float
Holiday

Closure
Obs.

Holiday
Closure
Obs.

Float
Holiday
Open
Holidays occurring over a weekend are traditionally observed either the preceding Friday or the Monday after; however, with the Christmas Holiday and New Years Day Holidays falling on a Monday this year, we would like to allow employees the option to observe the holiday time either on the preceding Friday or the following Tuesday. Please note allowing the Friday option is a modification to the Rules, which allow employees to take eight hours of holiday time either on Christmas Eve or New Year's Eve (or, with Department Head approval, a combination of the two).

This Holiday Closure provides a good opportunity for employees to take extra time off before the end

of the calendar year while customer service demands are low. Employees may elect to work during the City Hall holiday closure or to utilize accrued discretionary leave time.

These Holiday Closures do not impact emergency services or other facilities such as the Corporation Yard, Water Treatment Facility or Wastewater Treatment Facility. Also, inspection services will remain available.

Fiscal Impact:

None.

Analysis:

The Holiday Closures will be well advertised to the public to ensure advance and thorough notification.

If approved, news releases would be sent out to the local newspapers, radio stations, and news stations. Notices of the closure would be posted at City Hall as well as on the City’s website and Facebook.

Alternatives:

Do not close City Hall for Independence Day, Thanksgiving week or Christmas and New Year’s week.

Recommendation:

Adopt a Resolution authorizing the closure of City Hall for Monday, July 3, 2023 through Tuesday, July 4, 2023, Monday, November 20, 2023 through Friday, November 24, 2023 and for Monday, December 25, 2023 through Monday, January 1, 2024.

Attachments:

1. 1-17-23 City Hall Holiday Closure Resolution FINAL
Prepared By: Submitted By:

Sheleen Loza
Administrative Analyst II
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE CITY HALL HOLIDAY CLOSURES FOR JULY 3, 2023 – JULY 4, 2023, NOVEMBER 20, 2023 – NOVEMBER 24, 2023 AND DECEMBER 25, 2023 – JANUARY 1, 2024
WHEREAS, given reduced City Hall public service needs of the fall and winter holiday periods, the City is providing employees at City Hall the opportunity to take time off over the below described holiday periods with minimal impact to the public; WHEREAS, the City Hall Holiday Closures have been successful and well received by the public since 2011;
WHEREAS, non-City Hall operations function during the holiday periods in accordance with normal operational schedules and time off policies;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

City Hall shall be closed to the public from Monday, July 3, 2023 through Tuesday, July 4, 2023, Monday, November 20, 2023 through Friday, November 24, 2023 and from Monday, December 25, 2023 through Monday, January 1, 2024. Holidays falling over a weekend are traditionally observed on the Friday before or the Monday after; however, with the Christmas and New Years Day Holidays falling on a Monday this year, we would like to allow employees the option, with supervisor approval to ensure adequate coverage, to use their eight hours of holiday time either on the preceding Friday or the succeeding Tuesday. This option would be a modification to the City’s Rules and Regulations. If approved, employees can also use their holiday time on a combination of those days, as allowed by the City’s Rules and Regulations.

On the dates in these three ranges other than the actual observed holidays and usage of holiday time, City Hall workers will be able to work their regular hours during these three holiday closures (performing duties as assigned) or utilize accrued discretionary time off.

The forgoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 17th day of January 2023.

AYES:

NOES:

ABSENT:
________________________
Wade Kirchner, Mayor
ATTEST:
_______________________

Ciara Wakefield, Deputy City Clerk
__________________________
Stacey Sheston
Special Counsel

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: January 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: 2022-2023 CDBG Annual Action Plan Amendment
Recommendation: A. Conduct a Public Hearing to receive comments on the 2022 Annual Action Plan Amendment and after consideration;
B. Adopt a Resolution approving the proposed 2022 Annual Action Plan Amendment and authorize staff to submit the required documents to the Department of Housing and Urban Development (HUD) for processing, and; C. Authorize the Finance Director to make budget allocations as necessary to implement the 2022 Annual Action Plan Amendment, and;
D. Authorize the Finance Director to allocate $47,758 in unallocated General Fund CIP funds to the Yuba Sutter Gleaners Foodbank project Fiscal Impact: $628,585 received from the 2022 CDBG annual allocation; re-allocating 2022 Clean Up project funds, in the amount of $45,000, to the 2022 Sidewalk Repair Assistance project, allocating an additional $47,758 of unallocated CIP - General Fund to the Yuba Sutter Gleaner's Foodbank Senior Home Delivery program Purpose:

To approve the Amended 2022 Annual Action Plan, which re-allocates funding from the Yuba City CleanUp project, in the amount of $45,000, to the 2022 ADA Sidewalk Repair project.

Council’s Strategic Goals:

This item addresses Council’s goals for public safety and infrastructure improvements.

Background:

The City of Yuba City is an entitlement jurisdiction of the Community Development Block Grant (CDBG) program and receives an annual allocation of funds from the Department of Housing and Urban Development (HUD). The purpose of the CDBG program is to develop viable urban communities by

providing decent housing, a suitable living environment, and by expanding economic opportunities. HUD requires the City to amend its Annual Action Plan when more that 15% of the annual allocation or more than 50% of an activity is transferred or cancelled. Funds are required to be used to meet at least one of the program’s following priority objectives:

1. Benefit low- and moderate- income (LMI) persons

2. Aid in the prevention or elimination of slums or blight

3. Meet a need having a particular urgency (to alleviate emergency conditions) The 2022 Annual Action Plan was approved by the City Council on July 19, 2022. Based on the recommendations and approval from City Council, staff submitted the AAP for review and approval. After further consideration, HUD provided additional comments / determinations regarding the designation of proposed project types, with specific funding restrictions for each subcategory.

Analysis:

The amended 2022 Annual Action Plan details the revised budget for CDBG funding of projects and programs within the City for the 2022 Program Year (PY) that covers the period from July 1, 2022 – June 30, 2023. The City was allocated $628,585 in CDBG funding for the 2022 PY. In accordance with HUD regulations, 20% ($125,717) of the allocation can be utilized for Planning and Program Administration costs and an amount not to exceed 15% ($94,288) can be allocated to Public Services related to serving Low/Mod-Income persons, such as homeless-related services.

To meet the determined maximum requirements of the Public Services allocation as required by HUD, the funding for Yuba-Sutter Gleaner’s Foodbank Senior Home Delivery has been reduced to $52,424.

Staff is proposing to backfill the remainder of the previously allocated funds to Gleaner’s by using unallocated General CIP fund money. The total additional funding from General Funds is $47,758.

Additionally, $45,000 from the Clean-Up project will be re-allocated to the Yuba City Sidewalk Repair project to be in line with the 15% total allocation. Staff is working with HUD to determine the requirements of the Clean-Up project and determine if it meets the requirements of CDBG with additional clarification.

The required 30-day public comment period began on December 17, 2022 and will conclude on January 17, 2023. During this time, members of the public, local non-profit agencies, and other interested organizations are able to view the Amended 2022 Annual Action Plan and are encouraged to provide the City with comments. At this time, no public comments have been received.

Below are the amended recommended projects to be funded in the 2022 AAP:

Agency/Project Previously
Approved
Funding (July
2022)
Proposed
Amended
Funding
Description
Planning and Program
Administration (15%)
$ 94,288.00 $ 94,288.00 General administration,
oversight and management of
Community Development
Block Grant program.

Funding covers salary costs
for staff and consultant
services.

Sutter-Yuba Homeless
Consortium
$ 50,000.00 $ 50,000.00 The Sutter-Yuba Homeless
Consortium, in collaboration
with Hands of Hope, Bridges
to Housing, The Salvation
Army, Central Valley
Homeless Veterans
Assistance Program and
Sutter County Homeless
Shelter provide services to
the homeless population in
Sutter and Yuba Counties.

Playzeum Play-For-All
Initiative
$ 7,700.00 $ 7,700.00 Provide scholarships for
low/mod income youth for
Playzeum's camps and
classes, and provide on- thego events at low-income
parks in the City.

Habitat for Humanity Exterior
Home Repairs
$ 10,000.00 $ 10,000.00 Preserve existing housing
stock through exterior home
repairs for low/mod income
homeowners.

FREED Center for
Independent Living Home
Repairs/Modifications
$ 20,000.00 $ 20,000.00 Provides accessibility
improvements and minor
home repairs for low-income
disabled and senior residents
Yuba Sutter Gleaner’s
Foodbank Senior Home
Delivery
$100,000.00 $ 52,242.00 Deliver 2 weekly pre-made
meals and a 20lb box of
groceries to seniors that lack
resources to acquire healthy,
nourishing food.

Yuba City Community
Services Senior Center
Building Improvements
$ 80,000.00 $ 80,000.00 Modernize and update the
restrooms of the Senior
Center that serves City
Seniors.

Yuba City Community
Services Sam Brannan Park
Safety Improvements
$ 55,000.00 $ 55,000.00 Install no-climb fence and
lighting to prevent vandalism
and improve safety.

Yuba City Fire Department
Station 1 Improvements
$ 74,725.00 $ 74,725.00 Update restrooms and
improve ADA access, and
install an emergencymessaging digital marquee.

Yuba City Public Works
Sewer Later Repair
Assistance
$ 35,000.00 $ 35,000.00 Fund 3-5 sewer lateral repairs
for low-income homeowners
to reduce health and safety
hazards.

Yuba City Public Works
Sidewalk Repair Assistance
$ 45,000.00 $ 80,000.00 Fund 8-12 sidewalk repair
projects for low-income
residents to reduce safety
hazards and improve

*Funding includes $145,416.23 in unexpended funds from the 2021 PY ** Funding includes unexpended previous years CDBG allocation to ADA Sidewalk and Public Facility Improvements.

Fiscal Impact:

Re-allocating the 2022 CDBG Clean-Up project funding in the amount of $45,000 and transferring these funds to the 2022 Sidewalk Repair project. The amended 2022 Annual Action Plan proposes the following changes in the distribution of funds:

AGENCY RECOMMENDED

FUNDING
City of Yuba City – Development
Services (Administration for
CDBG)
$94,288.00
Sutter-Yuba Homeless Consortium $50,000.00
Playzeum $7,700.00
FREED Center for
Independent Living $20,000.00
Habitat for Humanity $10,000.00
Yuba Sutter Gleaners Foodbank $ 52,242.00
City of Yuba City – Fire
Department
$74,725.00
City of Yuba City –
Community Services $135,000.00
City of Yuba City – Public Works $359,214.46
Total CDBG PY 22 Funding $803,169.46 *
*Includes the transfer of $145,416.23 of unexpended 2021 CDBG funds and unexpended CDBG funds accessibility, especially for
disabled residents.

Yuba City Clean-Up Project $45,000 $ 0 Rebate program to assist business owners in lowincome census tracts to help
with blighted properties.

Yuba City Public Works ADA
Sidewalk and Public Facility
Improvements**
$244,214.46 $244,214.46 Provide sidewalk and curb
ramp improvements to meet
ADA accessibility
requirements throughout the
City

from previous years
Fiscal Impact:

Yuba City is receiving an updated 2022 CDBG annual allocation in the amount of $628,585. In order to meet HUD requirements for the 15% cap on Public Services projects, and reflecting HUD project type designation, staff is recommending to re-allocate the funds from the Yuba City Clean-up project to Yuba City Public Works Sidewalk Repair project, and reduce the CDBG funding for the Yuba-Sutter Gleaners Foodbank. Then back fill the Gleaners Senior Home Delivery program with unallocated General Fund CIP in the amount of $47,758 from unallocated CIP - General Funds. This will bring the AAP into conformance with the CDBG requirements for yearly funding allocations and meet project needs.

Alternatives:

1. Direct staff to modify the funding recommendations in the Amended 2022 Annual Action Plan.

Changes may require staff to re-notice the plan and present to City Council for approval at a later date.

Recommendation:

A. Conduct a Public Hearing to receive comments on the 2022 Annual Action Plan Amendment and after consideration;
B. Adopt a Resolution approving the proposed 2022 Annual Action Plan Amendment and authorize staff to submit the required documents to the Department of Housing and Urban Development (HUD) for processing, and;
C. Authorize the Finance Director to make budget allocations as necessary to implement the 2022 Annual Action Plan Amendment, and;
D. Authorize the Finance Director to allocate $47,758 in unallocated General Fund CIP funds to the Yuba Sutter Gleaners Foodbank project.

Attachments:

1. CDBG Resolution

2. 2022-2023 CDBG AAP Amendment
Prepared By: Submitted By:

Jaspreet Kaur
Associate Planner
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022 ANNUAL ACTION

PLAN CERTIFYING COMPLIANCE WITH THE REQUIREMENTS OF THE CDBG PROGRAM,

AND AUTHORIZING STAFF TO SUBMIT ALL APPROVED DOCUMENTS TO THE

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, the Department of Housing and Urban Development (HUD) has determined that the City of Yuba City received $628,585 under the 2022 Program Year of the Housing and Community Development Act of 1974, as amended; and
WHEREAS, the City of Yuba City held a public meeting on January 17, 2023, to consider public comments and proposals regarding the Amended 2022 Annual Action Plan, the community development objectives and the projected use of CDBG funds contained therein; and WHEREAS, the City of Yuba City has provided the citizens with an opportunity to review and comment on concerns involving the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken and other important program requirements, and provided citizens with adequate opportunity to participate in the 2022 Annual Action Plan Amendment, including any revisions, changes or amendments thereto for a 30-day period commencing on December 17, 2022 ending on January 17, 2023.

NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City that the Amended 2022 Annual Action Plan is hereby approved, that the City Manager is authorized to execute all documents related thereto, and that staff is authorized to submit all documents to the United States Department of Housing and Urban Development.

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 January 17, 2023, by the following vote:

AYES:

NOES:

ABSENT:

________________________
Wade Kirchner, Mayor
ATTEST:
_________________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

Action Plan
Amendment
2022 Draft Annual
Community Development Block Grant
Development Services Department
Adopted July 19, 2022
CITY OF Yuba City

Amended 2022 Annual Action Plan 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The 2022 Annual Action Plan (2022 Action Plan) included funding a Clean-Up activity which was approved by the U.S. Department of Housing and Urban Development (HUD). Subsequent to the submission of the City’s 2022 Action Plan and due to funding restrictions, City staff decided to cancel the funding for the Clean-Up activity. As a result of this action, funds from this activity will be added to the 2022 ADA Sidewalk activity.

The City of Yuba City is an entitlement jurisdiction for Community Development Block Grant (CDBG) funds, one of several Department of Housing and Urban Development (HUD) formula entitlement programs. As an entitlement jurisdiction, HUD requires the City to complete and submit an Annual Action Plan (Action Plan) in order to receive CDBG funds annually. The 2022 Action Plan is the third Action Plan covered by the 2020 Consolidated Plan (Con Plan).

The format of the 2022 Action Plan is required and consistent with HUD’s Integrated and Disbursement Information System (IDIS).

The 2022 Action Plan consists of five (5) sections including: 1) Executive Summary; 2) Expected Resources; 3) Annual Goals and Objectives; 4) Affordable Housing; and, 5) Program Specific Requirements.

Yuba City’s Development Services Department is the lead agency responsible for developing the 2022 Action Plan and is responsible for the administration of CDBG funds, including implementation of projects and programs and monitoring projects and programs to ensure compliance with HUD requirements and regulations.

2. Summarize the objectives and outcomes identified in the Plan The City is required to implement and use HUD’s Outcome Performance Measurement System (OPMS).

The OPMS was developed to enable HUD to collect and standardize performance data on entitlementfunded activities from all grantees nationwide for use in reporting to Congress on the effectiveness of HUD’s formula entitlement programs.

Based on the Needs Assessment and Market Analysis information, the City’s 2020 Con Plan identifies the following affordable housing and community development goals by OPMS objectives and outcomes.

Amended 2022 Annual Action Plan 2
OMB Control No: 2506-0117 (exp. 09/30/2021)

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

In addition, annually the City is required, at the conclusion of the Program Year (PY), to complete and submit to HUD a Consolidated Annual Performance and Evaluation Report (CAPER) reporting on the Action Plan Goal outcomes and expenditures. Subsequently to the submittal of the CAPER, HUD assesses the City’s management of CDBG program funds.

Overall, the City has performed satisfactorily managing the CDBG Program and addressing its priority needs through the programs set out in the 2020 Con Plan.

4. Summary of Citizen Participation Process and consultation process The Citizen Participation process included a variety of efforts to encourage public participation, especially from lower income residents and service providers, in the development of the Draft 2022 Action Plan. Two meetings were held during the Action Plan development process to solicit public input.

The first public meeting was held via Zoom on February 10, 2022 to solicit input and request participation in the development of the 2022 Action Plan. The Public Hearing was held on July 5, 2022 and was published in the Appeal-Democrat 30 days prior to the meeting in accordance with the City’s Citizen Participation Plan. A 30-day public review and comment period commenced on June 24, 2022 and ended on July 24, 2022.

The meetings were noticed on the City’s website, in addition, information regarding the meetings was emailed directly to the City’s CDBG Interest List, including public and private service providers and government agencies.

A summary of the 2022 Action Plan was published on June 23, 2022 in the Appeal Democrat, noting that a Public Hearing will be held on July 19, 2022 to solicit public comment on the 2022 Action Plan. The 2022 Action Plan was also made available on the City’s website and in hard copy at both City Hall and the Public Library.

During the Draft Amendment of the 2022 Annual Action Plan, public and private agencies and organizations were consulted, including the Regional Housing Authority and Sutter-Yuba Homeless Consortium (Continuum of Care). A public meeting will be held on January 17, 2023 to solicit input and request participation in the Draft Amendment of the 2022 Action Plan. The public meeting was publicized through a listserv of local non-profit agencies and on the City's website as well as noticing all those on the City’s Development Services Department interest list. A 30-day public review and comment period will begin on December 19, 2022 and end on January 17, 2023. A summary of the Draft Amendment to the 2022 Action Plan will be published on December 18, 2022 in the Appeal Democrat, which notes a public hearing will be held on January 17, 2023 to solicit public comment on the Draft Amendment to the

Amended 2022 Annual Action Plan 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
2022 Action Plan. Copies of the Draft Amendment to 2022 Action Plan will also be made available at City Hall, the City's website and at the Main Branch of the Sutter County Library

5. Summary of public comments
No public comments were received.

Reserved for the Draft Amendment to the 2022 Action Plan public comments.

6. Summary of comments or views not accepted and the reasons for not accepting them The City has not intentionally excluded or avoided consulting any agency type or organization during the consultation and planning process.

7. Summary
The 2022 Action Plan identifies the activities the City will undertake during the 2022 Program Year to address the goals identified in the 2020 Con Plan. The 2022 Action Plan identifies the following activities the City and/or its Sub-Recipients will undertake with the CDBG funds.

Reserved for the Draft Amendment to the 2022 Action Plan public comments.

Amended 2022 Annual Action Plan 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
• Public service activities that address homeless needs, including:

1. Sutter-Yuba Homeless Consortium – Homeless Services Consolidation:

1.1. Bridges to Housing

1.2. Central Valley Homeless Veterans Assistance

1.3. Hands of Hope

1.4. The Salvation Army

1.5. Regional Emergency Shelter Team (REST)

2. Yuba-Sutter Senior Gleaners Foodbank – Senior Home Delivery Program

3. Playzeum – Play for All Initiative
• Housing activities, including:

1. FREED – Home Repair/Modification Program for Disabled and Elderly Homeowners

2. Habitat for Humanity – Exterior Home Repair Program
• Public Facilities and Improvements, including Removal of Architectural Barrier activities:

1. Yuba City Public Works Department – ADA sidewalk and Public Right-of-Way Improvements

2. Yuba City Public Works Department – Sewer Later Repair Assistance

3. Yuba City Public Works Department – Sidewalk Repair Assistance

4. Yuba City Community Services Department – Sam Brannan Park Safety Improvements

5. Yuba City Community Services Department – Senior Center Restroom Improvements

6. Yuba City Fire Department – Fire Station 1 Improvements

Amended 2022 Annual Action Plan 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator City of Yuba City Development Services Department Table 1 – Responsible Agencies
Narrative
The City’s Development Services Department (DSD) is the lead agency responsible for overseeing development of the Action Plan.

HUD requires entitlement jurisdictions that receive CDBG, HOME Investment Partnership Program (HOME) or Emergency Shelter Grant (ESG) funds directly from HUD to complete an Annual Action Plan.

The City does not receive HOME or ESG funds directly from HUD; as a result, the Action Plan focuses only on identifying and prioritizing programs allowed under CDBG funding.

The City’s Development Services Department is responsible for the administration of the CDBG funds, including facilitating project/program implementation, monitoring project activities and outcomes, and ensuring compliance with all HUD requirements and regulations such as fair housing, Davis-Bacon requirements (prevailing wages), environmental reviews, affirmative action, competitive bidding procedures, and fiscal and contract administration. CDBG activities are carried out by both internal City Departments as well as external Sub-Recipients.

Consolidated Plan Public Contact Information
Comments and/or inquiries regarding the Action Plan should be directed to:

Shannon Jones, Development Services Analyst, City of Yuba City, Development Services Department, 1201 Civic Center Blvd., Yuba City, CA 95993, phone: (530) 822-5145, e-mail: [email protected].

Amended 2022 Annual Action Plan 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The consolidated planning process requires jurisdictions to contact and consult with other public and private agencies when developing the Plan. The Plan itself must include a summary of the consultation process, including identification of the agencies that participated in the process. Jurisdictions also are required to summarize their efforts to enhance coordination between public and private agencies.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City has developed and maintained on-going, collaborative relationships with the Regional Housing Authority, Sutter-Yuba Homeless Consortium, (SYHC), local service providers, Sutter County agencies and the Yuba-Sutter Economic Development Corporation in an effort to enhance the coordination of services to low and moderate-income persons, special needs groups, and businesses. The City’s efforts have included attending meetings, exchange of information and coordination of services.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City works in cooperation with the SYHC to address the needs of homelessness in the community.

The SYHC consists of over 50 members, including the City of Yuba City, that utilize the Continuum of Care planning process to address homeless needs in the City of Yuba City and throughout the region.

The SYHC allows for maximizing funding resources, helps to avoid duplication of services and provides for a comprehensive approach to homelessness. During the 2022 Action Plan process, the City consulted members of the SYHC in order to meet the Action Plan requirements.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS This section is not applicable as the City is not an ESG grantee. The Sutter-Yuba Homeless Consortium is the entity that administers the HMIS.

Amended 2022 Annual Action Plan 7
OMB Control No: 2506-0117 (exp. 09/30/2021)

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Agencies representing the homeless, non-homeless and housing providers participated in the annual CDBG Community Needs Workshop. The agencies were encouraged to apply for CDBG funding. The agencies were asked to review and comment on the 2022 Action Plan. Public service agency consultations assist the City to prioritize funding and to identify trends in housing and human service needs.

Amended 2022 Annual Action Plan 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
1 Agency/Group/Organization Sutter-Yuba Homeless Consortium Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
By email communication and public workshops. The City
maintains a close working relationship with service
providers and also open communication to ensure
participation and coordination.

Table 2 – Agencies, groups, organizations who participated Identify any Agency Types not consulted and provide rationale for not consulting The City has not intentionally excluded or avoided consulting any agency type or organization during the consultation and planning process.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care
Sutter-Yuba
Homeless
Consortium
The goals contained in the 2020 Con Plan and 2022 Action Plan are consistent with the Continuum of Care. The City will work within the framework of the Sutter-Yuba Homeless Consortium to address homeless needs.

Yuba City Housing
Element City of Yuba City The goals contained in the 2020 Con Plan and 2022 Action Plan are consistent with the Programs outlined in the 2021-2029 Housing Element.

Yuba City Economic
Development Strategic
Work Plan
City of Yuba City The goals contained in the 2020 Con Plan and 2022 Action Plan are consistent with the initiatives outlined in the Economic Development Strategy.

Amended 2022 Annual Action Plan 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? PHA 5-Year Plan Regional Housing
Authority
The goals contained in the 2020 Con Plan and 2022 Action Plan are consistent with the needs, goals and objectives outlined in the PHA 5-year Plan.

Table 3 – Other local / regional / federal planning efforts Narrative
The City will, in conjunction with the development of affordable housing, submit applications for funding, implementation of activities and delivery of services targeted to low and moderate-income households, continue to work and coordinate with other public entities, including the Regional Housing Authority, Sutter County and the State of California.

Amended 2022 Annual Action Plan 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City followed requirements for citizen participation outlined in the City’s Citizen Participation Plan. The City encouraged citizens, along with local and regional organizations, to participate during the preparation of the 2022 Action Plan. Regional and local service agencies, non-profit organizations, City staff, City Council and City Commissions were invited to two (2) public meetings held to discuss the 2022 Action Plan update and solicit comments. The first virtual meeting was held on February 10, 2022 at 10:00 a.m. The second meeting, a Public Hearing, is scheduled to be held on July 19, 2022.

The Draft 2022 Action Plan will be made available for public review and comment during a 30-day period, June 24, 2022 through July 24, 2022. A Public Hearing was held on July 19, 2022 at 6:00 p.m., at City Hall in Yuba City before the City Council to solicit public comment regarding the 2022 Action Plan. The 2022 Action Plan was also made available during the 30-day comment period on the City’s website and copies made available at City Hall. The City’s website also included notification of the development of the 2022 Action Plan and encouraged citizens to provide input.

Prior to submission to the Department of HUD, the City Council reviews and approves the Action Plan

Amended 2022 Annual Action Plan 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comme
nts not accepted
and reasons
URL (If applicable)
1 Public Meeting
Minorities
Non-targeted/broad
community
The City hosted a virtual
public meeting on
February 10, 2022 to
provide information on
the consultation and
planning process,
review the application
process and encourage
public participation and
comment in the
development of the
Draft 2022 Action Plan.

No public comments
were received.

The City has not
intentionally
excluded or avoided
consulting any
agency type or
organization during
the consultation
and planning
process.
https://www.youtu
be.com/watch?v=r
4HdRWj78xe0
2 City Website Minorities
Persons with disabilities
Non-targeted/broad
community
Residents of Public and
Assisted Housing
Announcement that the
City is developing its
2022 Action Plan,
encouraged public input
and participation.

Identified meeting dates
and the availability of
the 2022 Action Plan for
public review and
comment.

No public comments
were received.

The City has not
intentionally
excluded or avoided
consulting any
agency type or
organization during
the consultation
and planning
process.
https://www.yuba
city.net/city_hall/d
epartments/develo
pment_services/ho
using__c_d_b_g/cd
bg

Amended 2022 Annual Action Plan 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort
Order
Mode of
Outreach
Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comme
nts not accepted
and reasons
URL (If applicable)
3 Newspaper Ad Minorities
Persons with disabilities
Non-targeted/broad
community
Residents of Public and
Assisted Housing
Public Notice of the July
19, 2022 Public Hearing
was posted in the
Appeal Democrat on
June 23, 2022. No public comments
were received.

The City has not
intentionally
excluded or avoided
consulting any
agency type or
organization during
the consultation
and planning
process.
4 Public Hearing Minorities
Persons with disabilities
Non-targeted/broad
community
Residents of Public and
Assisted Housing
The City held a Public
Hearing on July 19, 2022
to request approval and
authorization for the
submission of the 2022
Annual Action Plan to
HUD.

No public comments
were received.

The City has not
intentionally
excluded or avoided
consulting any
agency type or
organization during
the consultation
and planning
process.
www.yubacity.net
Table 4 – Citizen Participation Outreach

Amended 2022 Annual Action Plan 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of Con Plan
$
Narrative Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources: $
Total:
$
CDBG PublicFederalAcquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services $628,585 $104,364.42 $655,197.97 $1,388,147.39 $1,280,000 Expected amount
available remainder
of Con Plan based
on $640,000 annual
allocation for 2
years.

Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
CDBG funds may not be sufficient to fully fund activities undertaken and are leveraged with a variety of Federal, State funds, charitable organizations and private donations. The CDBG funds do not require matching funds.

Amended 2022 Annual Action Plan 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The regional Housing Authority (RHA) manages the City’s Homes2Families (H2F) and Neighborhood Stabilization properties (NSP). These properties are owned by the City and are used for affordable rental units based on California’s Department of Housing and Community Development guidelines. There are currently seventeen (17) NSP properties and nine (9) H2F properties.

Discussion
The City operates the Owner-Occupied Housing Rehabilitation Program, (Housing Rehabilitation Program). The amount and availability of funds for this Program cannot be predicted due HUD funding constraints and the unknown amount of Program Income that will be received. Program Income is generated by past loans being paid off and the proceeds deposited into the Housing Rehabilitation Program activity
The City will aggressively pursue, or support applications by other entities for, Federal and State funding over the 2022 Program Year to address priority needs; however, other funding sources available to the City or its partners will be through a competitive application process. The City cannot be assured an application(s) will be successful based on the rating and ranking criteria. Due to limited funding availability, the City will struggle to meet future matching requirements should the City be successful in applying for other Federal or State funding sources and matching funds be required.

Amended 2022 Annual Action Plan 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort Order Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Housing Rehabilitation 2020 2024 Affordable
Housing
Citywide Preservation of
existing units
CDBG: $30,000 Homeowner Housing
Rehabilitated; FREED – Minor
Home Repair and Habitat for
Humanity, Exterior Home
Repair Programs: 53
Households
2 Non-Homeless Supportive
Services
2020 2024 Non-Homeless
Special Needs
Citywide Housing and
Supportive
Services for
Special Needs
Program
Administration
CDBG: $59,942 Public service activities other
than Low/Moderate Income
Housing Benefit:
4,850 Persons Assisted
3 Homeless Assistance 2020 2024 Homeless Citywide Homeless Housing and
Supportive
Services
CDBG: $50,000 Public service activities other
than Low/Moderate Income
Housing Benefit: 716 Persons
Assisted
4 Infrastructure
Improvements/ADA
Modifications
2020 2024 Non-Housing
Community
Development
Citywide Public
Improvements
and
Infrastructure
CDBG: $359,214.66 Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit:
12,936 Persons Assisted
5 Public Facilities
Construction/Rehabilitation
2020 2024 Non-Housing
Community
Development
Citywide Program
Administration
Public Facilities
CDBG: $209,725 Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit:
2,750 Persons Assisted
Table 6 – Goals Summary

Amended 2022 Annual Action Plan 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Descriptions
1 Goal Name Housing Rehabilitation
Goal
Description
Activities include Habitat for Humanity Exterior Home Repair Program, FREED-Minor Home Repair/Modification Program and the City’s Owner-Occupied Housing Rehabilitation Program. 2 Goal Name Non-Homeless Supportive Services
Goal
Description
Utilizing Community Development Block Grant funds provide assistance to non-profit organizations for provision of supportive services targeted to non-homeless special needs population (disabled, seniors, families, domestic violence victims)
3 Goal Name
Homeless Assistance
Goal
Description
Activities include Sutter-Yuba Homeless Consortium-Homeless Coordinator, A Hand Up Ministry-Food provisions for the homeless, Bridges to Housing-Homeless Assistance, Central Valley Homeless Veterans, Hands of Hope-Day Shelter, The Salvation Army provides rental assistance and supportive services to homeless individuals and households, Regional Emergency Shelter Team (REST) and the Sutter County Homeless Shelter provide services to the homeless population in Sutter and Yuba Counties. In addition, the SYHC will be acting as the lead agency and fiscal agent in providing services and programs, in conjunction with five (5) other non-profit agencies, to the City’s homeless. 4 Goal Name
Infrastructure Improvements/ADA Modifications
Goal
Description
Activities include installation of ADA accessible sidewalks, ramps, curb cuts and gutters. 5 Goal Name
Public Facilities Construction/Rehabilitation

Amended 2022 Annual Action Plan 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal
Description Activities include rehabilitation/renovation of neighborhood parks, replacement of playground structures and ADA improvements of public facilities.

Amended 2022 Annual Action Plan 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
Projects
AP-35 Projects – 91.220(d)
Introduction
The activities recommended for funding for the 2022 PY are consistent with the priority needs identified in the Strategic Plan. Lack of funding is the greatest obstacle to addressing underserved needs. The City has $628,585 in CDBG funds available for the PY. In addition, a total of $145,416.43 of unexpended CDBG funds from 2019 – 2021 Program Years will be used to fund the proposed programs and projects for the 2022 Program Year.

Projects
# Project Name
1 Program Administration; 21A – General Program Administration 2 Sutter-Yuba Homeless Consortium, Homeless Services Coordination; LMC, 05 – Public Services
3 Habitat for Humanity – Exterior Home Repair Program; LMH, 14A - Rehab; Single-Unit Residential
4 FREED Home Repair/Modification Program; LMH, 14A - Rehab; Single-Unit Residential 5 Yuba-Sutter Gleaners Foodbank Senior Home Delivery Program; LMC, 05A – Senior Services 6 Playzeum Play-for-All Initiative; LMC, 05D – Youth Services 7 City of Yuba City - ADA Sidewalk and Curb Cut Installation; LMC, 03L - Sidewalks 8 City of Yuba City - Sewer Lateral Repair Assistance; LMC, 03J – Water/Sewer Improvements 9 City of Yuba City - Sidewalk Repair Assistance; LMC, 03L - Sidewalks 10 City of Yuba City - Sam Brannan Park Safety Improvements; LMA – 03F, Parks, Recreational Facilities
11 City of Yuba City - Senior Center Restroom Improvements; LMC, 03A – Senior Centers 12 City of Yuba City Fire Department - Fire Station 1 Improvements; LMA, 3 – Public Facilities and Improvements (General)
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City received $1,521,798 in funding requests. In addition, the City is limited on the amount of funds that can be spent on Public Services and Program Administration & Planning in accordance to HUD regulations. As a result, the City is limited from spending more than 15% of its annual allocation, plus Program Income, on Public Service activities; therefore, some activities are not funded completely and some are partially funded based on the amount requested.

Amended 2022 Annual Action Plan 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-38 Project Summary
Project Summary Information
1 Project Name Program Administration
Target Area Citywide
Goals Supported Housing Rehabilitation
Non-Homeless Supportive Services
Homeless Assistance
Infrastructure Improvements/ADA Modifications
Public Facilities Construction/Rehabilitation
Needs Addressed Program Administration
Funding CDBG: $94,288
Description General administration, oversight and management of Community Development Block Grant Program.

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities Not applicable.

Location Description 1201 Civic Center Blvd., Yuba City, CA Planned Activities Administration, management, implementation and monitoring of activities funded by Community Development Block Grant funds. 2 Project Name Sutter-Yuba Homeless Consortium – Homeless Services Target Area Citywide
Goals Supported Homeless Assistance

Amended 2022 Annual Action Plan 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
Needs Addressed Homeless Housing and Supportive Services Funding CDBG: $50,000
Description The Sutter-Yuba Homeless Consortium, (SYHC), in collaboration with Hands of Hope, Bridges to Housing, The Salvation Army, Central Valley Homeless Veterans Assistance Program, Regional Emergency Shelter Team (REST) and the Sutter County Homeless Shelter provide services to the homeless population in Sutter and Yuba Counties. In addition, the SYHC will be acting as the lead agency and fiscal agent in providing services and programs, in conjunction with five (5) other non-profit agencies, to the City’s homeless population.

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities A combined total of 616 Low-Income Homeless Persons Location Description Citywide
Planned Activities Continuum of Care Homeless Coordinator Salary; One-time security deposit assistance for homeless re-housing; assistance for homeless veterans to secure permanent housing; assistance for day shelter for homeless families; and rental assistance and supportive services provided by The Salvation Army. Additional services provided by Hands of Hope include showers, laundry facilities, clothes closet, computer access and assists in the operation of the Coordinated Entry System (CES), the Regional Emergency Shelter Team, (REST), provides seasonal emergency shelter services to single males and females and day-to-day operational services provided by the Sutter County Homeless Shelter.

Amended 2022 Annual Action Plan 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
3 Project Name Habitat for Humanity - Exterior Home Repair Program Target Area Citywide
Goals Supported Housing Rehabilitation
Needs Addressed Preservation of existing units
Funding CDBG: $10,000
Description Provide exterior work to qualified low-income homeowners in order to prevent further damage and/or to provide livable standards.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit
from the proposed
activities 3 Low-Income Homeowners
Location Description Citywide
Planned Activities Volunteer teams will participate in a variety of work including:
roofing, siding, painting, landscaping, replacing doors and windows and performing exteriors repairs at minimal costs to homeowners who would be unable to complete home repairs on their own. 4 Project Name FREED Home Repair and Modifications Program Target Area Citywide
Goals Supported Housing Rehabilitation
Needs Addressed Preservation of existing units
Funding CDBG: $20,000
Description Provide minor health and safety related accessibility modifications for low-income disabled and senior homeowners.

Amended 2022 Annual Action Plan 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit
from the proposed
activities 50 Low-Income Homeowners
Location Description Citywide
Planned Activities The Program will provide health and safety related home accessibility modifications to low-income disabled and elderly homeowners that will allow them to remain living safely and independently in their home.
5 Project Name Yuba-Sutter Gleaners Foodbank – Senior Home Delivery Program Target Area Citywide
Goals Supported Non-Homeless Supportive Services
Needs Addressed Housing and Supportive Services for Special Needs Program Administration
Funding CDBG: $52,242
Description Deliver 2 weekly pre-made meals and a 20-lb box of groceries to seniors that lack resources to acquire healthy, nourishing food.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit
from the proposed
activities 150 Low-Income Seniors
Location Description Citywide

Amended 2022 Annual Action Plan 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
Planned Activities Provide food deliveries low-income senior residents that are 65+ of age, with the goals of reducing hunger, and providing nourishing prepared meals and groceries.
6 Project Name Playzeum – PLAY-for-All Initiative
Target Area Citywide
Goals Supported Non-Homeless Supportive Services
Needs Addressed Housing and Supportive Services for Special Needs Program Administration
Funding CDBG: $7,700
Description Provide scholarships for low/mod income youth for Playzeum's camps and classes and provide on-the-go events at low-income parks in the City.

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities 4,800 Low-Income Youths
Location Description Citywide
Planned Activities Provide reduced fee for admission to children and adults to museums.
7 Project Name ADA Sidewalk and Public Facility Improvements Target Area Qualified Low/Mod Census Tracts
Goals Supported Infrastructure Improvements/ADA Modifications Needs Addressed Public Improvements and Infrastructure

Amended 2022 Annual Action Plan 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
Funding CDBG: $244,214.66 *
Description Provide sidewalks and improvements to public facilities allowing ADA accessibility.

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities 12,736 Low-Income Persons
Location Description Qualified Low/Mod Census Tracts
Planned Activities Provide safe passage for individuals with disabilities by installing new curb, gutter, and ADA compliant sidewalks/ramps.
8 Project Name City of Yuba City - Sewer Lateral Repair Assistance Target Area Qualified Low/Mod Census Tracts
Goals Supported Public Facilities Construction/Rehabilitation Needs Addressed Public Facilities
Funding CDBG: $35,000
Description Repair 4 – 5 sewer-lateral for low-income residents to reduce health and safety hazards.

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities 20 Low/Mod-Income Residents
Location Description Qualified Low/Mod Census Tracts

Amended 2022 Annual Action Plan 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
Planned Activities Repair lateral failures within the identifies Low/Mod Income areas with its own forces, thereby addressing the health and safety concerns for low-income residents.
9 Project Name City of Yuba City Sidewalk Repair Assistance Target Area Qualified Low/Mod Census Tracts
Goals Supported Public Facilities Construction/Rehabilitation Needs Addressed Public Facilities
Funding $35,000
Description Fund 8 – 12 sidewalk repairs for low-income homeowners.

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities 40 – 6- Low/Mod-Income Residents
Location Description Qualified Low/Mod Census Tracts
Planned Activities Fund sidewalk repairs for Low/Mod-income homeowners in the City that have been damaged and create safety hazards for area residents, particularly impacting the elderly and physically disabled. 10 Project Name Sam Brannan Skate Park Safety Improvements Target Area Qualified Low/Mod Census Tracts
Goals Supported Public Facilities Construction/Rehabilitation Needs Addressed Public Facilities
Funding CDBG: $55,000

Amended 2022 Annual Action Plan 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
Description Install new fence that prevents vandalism and reduces injury risk, install lighting where needed for after-hours.

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities 12,736 Low/Mod-Income Persons
Location Description Sam Brannan Park, 810 Gray Avenue, Yuba City Planned Activities Increase safety by installing a no climb fence and lighting for afterdark hours. 11 Project Name City of Yuba City - Senior Center Restroom Improvements Target Area Qualified Low/Mod Census Tract
Goals Supported Public Facilities Construction/Rehabilitation Needs Addressed Public Facilities
Funding CDBG: $80,000
Description Improve and update the restrooms of the Yuba City Senior Center Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities 750 Low-Income Seniors
Location Description 777 Ainsley Avenue, Yuba City
Planned Activities Remodel and update the restrooms of the Senior Center to continue serving the City’s Senior community.

Amended 2022 Annual Action Plan 27
OMB Control No: 2506-0117 (exp. 09/30/2021)
12 Project Name City of Yuba City – Fire Station 1 Improvements Target Area Qualified Low/Mod Census Tract
Goals Supported Public Facilities Construction/Rehabilitation Needs Addressed Public Facilities
Funding CDBG: $74,725
Description Minor home maintenance, emergency repairs, accessibility modifications and code violations of health and safety; exterior of homes.

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities 12,736 Low/Mod-income persons
Location Description City of Yuba City Fire Station #1
Planned Activities Upgrade station restrooms and improve ADA accessibility; install digital marquee to display emergency messaging to reach residents and those who don’t readily have access to the Internet and/or smart phones.
*The total amount funded includes a proposed transfer of $158,930.66 from the 2019-2021 Program Years, Owner-Occupied Housing Rehabilitation activity.

Amended 2022 Annual Action Plan 28
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed In general, the City will allocate investment of resources on a city-wide basis. The City will allocate a portion of its funding to the Qualified Low/Mod Census Tracts.

Geographic Distribution
Target Area Percentage of Funds
Citywide 27
Qualified Low/Mod Census Tracts 54
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The City allocates the majority of funding on a city-wide basis; however, the distribution of funding is predicated somewhat on the nature of the activity to be funded. Resources targeted to new construction and preservation of existing housing will be allocated on a city-wide basis.

Discussion:

Resources targeted to special needs populations, including homeless, will also be allocated on a city-wide basis, where needs are identified and/or where resources can be coordinated with existing facilities and services.

Activities such as public facilities and improvements will be targeted to areas identified as Qualified Low/Mod Census Tracts; these are those older, low-income neighborhoods within the City most in need of assistance.

Amended 2022 Annual Action Plan 29
OMB Control No: 2506-0117 (exp. 09/30/2021)
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Goals contained in the City’s 2020 Consolidated Plan are to increase the supply of affordable housing through Housing Rehabilitation and construction of new affordable housing units during the five-year period covered by the Consolidated Plan. The City will support both public and private agencies as well as non-profit and for-profit housing developers in their efforts to increase the supply of affordable housing to homeless, non-homeless and special needs populations.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 103
Special-Needs 0
Total 103
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 103
Acquisition of Existing Units 0
Total 103
Table 10- One Year Goals for Affordable Housing by Support Type Discussion
The housing units and households anticipated to be assisted during the 2022 Program Year will be provide by the following Housing Programs: FREED Minor Home Modification/Repairs and Habitat for Humanity’s Exterior Home Repairs.

Amended 2022 Annual Action Plan 30
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-60 Public Housing – 91.220(h)
Introduction
The purpose of this section is to outline actions the City will take to address the needs of Public Housing.

The City does not own or operate Public Housing or have any oversight over the operation of the Regional Housing Authority (RHA); therefore, the City will act to continue its efforts to maintain a close working relationship with the RHA supporting their actions to address the needs of Public Housing.

Actions planned during the next year to address the needs to public housing As noted above, the City does not own or operate any Public Housing in the City; the RHA serves the City.

During the 2022 Program Year, the City will continue its close working relationship with the RHA to expand housing opportunities for the City's residents. Funding from the Permanent Local Housing Allocation grant is being looked at by the City and the RHA to be used for Public Housing needs.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Since the City does not own or operate Public Housing or have oversight over RHA operations, there are no actions directed specifically to Public Housing tenants. The City aims to reach out to all residents when advertising the housing loan programs such as the First-Time Homebuyers Down Payment Assistance and Owner-Occupied Housing Rehabilitation.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
The RHA is not designated as troubled.

Discussion
The RHA and the City have and continue to have a close working relationship where funding opportunities that the City has are shared with the RHA in collaboration to work to address the housing needs of the City. The City and the RHA work together on maintenance of existing Public Housing; the City is committed to remove barriers to developing additional permanent and Public Housing options.

Amended 2022 Annual Action Plan 31
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
This section identifies the actions the City will take during the 2022 Program Year, (2022 PY), to address homelessness. The City’s goals are to address chronic homelessness by assisting Transitional Housing Programs that provide on-going supportive services such as case management, education and job training to help ensure that people do not return to homelessness. The City will also provide assistance to homeless persons and low-income families at risk of becoming homeless.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City worksin partnership with the Sutter-Yuba Homeless Consortium (SYHC) to address homelessness.

Annually the SYHC conducts a Point-in-Time (PIT) count. The PIT provides valuable information, including demographic and living situation information that allows service providers and the community to better identify and evaluate the homeless population and their needs. During the 2022 PY the City will provide CDBG funds to the SYHC and its efforts to address homeless needs.

Addressing the emergency shelter and transitional housing needs of homeless persons During the 2022 PY the City will allocate a portion of CDBG funds under the Public Service Category to organizations that provide emergency shelter and transitional housing services to the homeless. The City will provide CDBG funding to the SYHC who is acting as the lead agency for all six (6) non-profit agencies to address the needs and provide services to the homeless population. Funding for two of the service providers are for the Sutter County Homeless Shelter for day-to-day operational services and to Hands of Hope for that provides showers, laundry facilities, clothes closet, computer access as well as referral and advocacy services.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City will provide CDBG funding for several organizations that serve the homeless, including families with children and veterans. In conjunction with the SYHC, organizations that will be assisted during the 2022 PY are: 1) Bridges to Housing – provides financial assistance to homeless or at-risk individuals who are in need of deposit and rental assistance. They will also provide assistance to help pay for past due

Amended 2022 Annual Action Plan 32
OMB Control No: 2506-0117 (exp. 09/30/2021)
rent and utilities as well as referrals, case management and on-going support to ensure they do not become homeless again. 2) Central Valley Homeless Veterans Assistance Program – provides financial assistance to low-income veterans in order to obtain emergency, transitional and permanent housing, as well as helping at-risk veterans maintain their permanent housing stability. This agency also provides financial assistance to extremely low-moderate income veterans for utility payments, if no other options are available, to help maintain the veteran's housing in a habitable condition. 3) Hands of Hope – assists with the operation of the Coordinated Entry System (CES) that allows fair and equal access to housing and supportive services. 4) The Salvation Army – provides rental assistance and supportive services to homeless individuals and households in the community. This program provides financial assistance in the following ways: application fees, moving expenses, monthly rental assistance, utility assistance, rental deposits, and storage fees. 5) Regional Emergency Shelter Team (REST) – provides seasonal emergency shelter to individuals and families experiencing homelessness in Yuba City; the Emergency Winter Shelter operates each year from late November to early April. This program provides shelter, meals, case management, and other supportive services.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The City’s efforts during the 2022 PY to prevent homelessness will include Affordable Housing Programs that maintain the existing affordable housing stock or increase the number of affordable housing units available to low-income households. As noted above, the City will also support housing programs that address the underlying reasons for homelessness and provide on-going support services for formerly homeless families and programs that provide assistance to low-income families at risk of becoming homeless, such as the Bridges to Housing Program.

Discussion
In addition to resources available to and controlled by the City, organizations within the community for which their mission is to provide services to the homeless may receive funds from a variety of federal, state and local sources. These funding sources include Emergency Solutions Grant (ESG), California Emergency Solutions and Housing (CESH), Homeless Emergency Aid Program, (HEAP), Community Services Block Grant (CSBG), Homeless Housing and Prevention Program (HHAP) and Continuum of Care Program Competition, as well as charitable organizations and private donations. Throughout the 2022PY the City will work closely and support the efforts of the SYHC to address the housing and supportive needs of the homeless.

Amended 2022 Annual Action Plan 33
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The most significant barrier to affordable housing in the City of Yuba City is the Lack of affordable housing due to the housing market influencing rising rents, due in part to the cost of development, which outpaces the ability for residents to access housing. Where affordable rental housing is available, standards to secure housing continue to make housing inaccessible for some low- and extremely lowincome households. The City targets housing resources, including entitlement CDBG and State of California HOME and PLHA funds, to the creation of affordable rental units, preservation of existing affordable rental units and owned homes, and permanent supportive housing for low-income and very low-income households.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City’s 2021-2029 Housing Element was recently certified and this Housing Element provides a detailed analysis of potential barriers to affordable housing development, including local, State and Federal governmental constraints, market constraints and environmental constraints. This updated Housing Element incorporated community outreach regarding fair housing issues from the 2020-2024 Consolidated Plan and Analysis of Impediments (2020) and allowed the City to reach members across all socioeconomic segments. The following provides a summary of discussion contained in the City’s Housing Element:

Governmental Constraints:

Governmental constraints include the regulatory functions that are basic to the role of local government; however, there is much debate about whether or not these regulations discourage the availability of housing to people of all income levels.

Land Use Regulations:

The land use categories contained in the City’s General Plan, (Low Density Residential, Medium Density Residential and High Density Residential), provide for residential grown at various density levels.

Zoning requirements for setbacks, lot coverage and parking are not perceived as a constraint to housing development in the City.

Permits and Fees:

Amended 2022 Annual Action Plan 34
OMB Control No: 2506-0117 (exp. 09/30/2021)
The 2021-2029 Housing Element concludes that permits and fees in the City may be high in comparison to other jurisdictions in the region and could represent a constraint to housing development.

Infrastructure:

The provision of on-site improvements, such as streets, curbs, gutters, sidewalks, landscaping, water and sewer are standard conditions of approval. In many cases, off-site improvements and/or mitigations may also be required to accommodate development. These off-site improvements might include street widening, traffic signals, public utility easements, flood control improvements. Both on-site and off-site improvements are incorporated into the total project costs discussed under Market Constraints below.

Development Review Process:

The City’s development review guidelines work to ensure a streamlined project review process and ensure fairness and consistency in the development review process. The City’s development and design review processes are not perceived as a barrier to development.

Building Code and Enforcement:

The City’s building codes represent basic construction standards within the State of California and thus do not place an undue burden on the construction or rehabilitation of affordable housing; however, stakeholders expressed that incomplete code enforcement may exacerbate issues that low-income individuals may face. (i.e. when code enforcement does not adequately follow up on housing condition violations result in tenants or owners being displaced due to cost of repairs.) Reasonable Accommodation and Housing for Persons with Disabilities:

In accordance with California State SB 520, the Housing Element analyzes potential and actual government constraints specifically on development of housing for persons with disabilities. The Americans with Disabilities Act (ADA) is supported at the State and local level. The City follows State codes, which are more restrictive than Federal codes.

In conformance with the passage of SB 520, the City has evaluated its zoning code, building code, and permit processing procedures for compliance with ADA guidelines. Using the SB 520 Analysis Tool, staff found no significant barriers to the development, maintenance and improvement of housing for persons with disabilities. Answers to the questions contained in the Analysis Tool are kept on file and will be periodically updated as required.

The 2021-2029 Housing Element commits to passing a reasonable accommodation ordinance to develop a procedure for requesting reasonable accommodation in the application of zoning laws and other land use regulations, policies and procedures for persons with disabilities seeking

Amended 2022 Annual Action Plan 35
OMB Control No: 2506-0117 (exp. 09/30/2021)
equal access to housing.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
Consistent with the 2021-2029 Housing Element, Housing Program Schedule, the City is addressing the following policies that may act as barriers to the development of affordable housing.

Conservation of Existing Housing
Continue to enforce City building, fire, health, and zoning codes to remedy existing pockets of blight and deterioration to conserve and improve the condition of existing affordable housing stock in coordination with rehabilitation and other infrastructure improvement programs. The City will collaborate with the Housing Authority to target efforts in the rehabilitation assistance programs throughout the City, with a focus on ensuring equal access to the programs across all socioeconomic groups. The City will provide marketing materials in languages other than English, as needed. The City will create a program to prevent displacement and mitigate relocation impacts as a result of code enforcement activities.
• Accessory Dwelling Units. - Continue the City’s policy that allows for accessory dwelling units (ADUs) within single-family residential neighborhoods by reducing lot coverage requirements and allowing for tandem parking when setback requirements are met. In addition, the zoning code will be amended to allow ADUs and Junior ADUS (JADUs) in all residential zones (R-1, R2, and R-3), in accordance with Assembly Bill (AB) 2299 and Senate Bill (SB) 1069. • Facilitate a Variety of Housing Types. – The City will continue to ensure that zoning standards and development requirements facilitate the construction of a diversity of housing types, including apartment complexes, group housing, and townhomes to meet the needs of all households and income levels.
•
• Infrastructure Provision and Financing. – Minimize infrastructure costs for residential development by identifying infrastructure needs and available sources of funding for infrastructure improvements.
•
• Density Bonus. – The City will codify the City’s density bonus ordinance in compliance with the state’s density bonus law (Government Code Section 65915, as revised) and will continue to offer specific incentives for the development of individual or group-care housing affordable to seniors and special-needs population through City-specific density bonuses, reduced parking requirements, and development fee reductions for projects in infill locations. • Partner with Housing Advocates. – Continue and expand, where feasible, partnerships with forprofit or nonprofit housing organizations, including the Regional Housing Authority, to provide

Amended 2022 Annual Action Plan 36
OMB Control No: 2506-0117 (exp. 09/30/2021)
affordable housing. Consider contracting with additional organizations to provide housing services and information for special-needs groups within the City. • Farmworker Housing. – Continue to work with Sutter County, the farm industry, and neighborhoods where housing projects are proposed to facilitate the provision of farmworker housing. Assist in meeting the housing needs of farmworkers in and around Yuba City. • Facilitate Construction of Special-Needs Housing. – The City will remove barriers for specialneeds groups by amending the zoning code to address the following:
•
• Transitional and Supportive Housing
• Reasonable Accommodation
• Employee Housing
• Single-Room Occupancy Units
• Low-Barrier Navigation Centers
• Residential Care Facilities. – Continue to offer specific incentives for development of individual or group-care housing affordable to the City’s senior and special-needs populations through Cityspecific density bonuses (in addition to state requirements), reduced parking requirements, and development fee reductions for projects at infill localities. • Housing for Special Needs Groups. – The City will work with housing providers to ensure that special housing needs and the needs of lower-income households are addressed for seniors, large families, female-headed households, female-headed households with children, persons with disabilities and developmental disabilities, extremely low-income households, and homeless individuals and families.
• Assistance for Persons with Developmental Disabilities. – The City will work with the Alta California Regional Center to implement an outreach program that informs families within Yuba City about housing and services available for persons with developmental disabilities. • Affirmatively Furthering Fair Housing. – Implement the City’s Analysis of Impediments to Fair Housing Choice (AI), adopted in 2020, to address disparities in housing needs and in access to opportunity for all persons regardless of race, color, religion, sex, national origin, familial status, disability, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, veteran or military status, source of income, and genetic information as protected categories by the California Fair Employment and Housing Act (Part 2.8 [commencing with Section 12900] of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.

Amended 2022 Annual Action Plan 37
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-85 Other Actions – 91.220(k)
Introduction:

This section addresses the City’s planned actions during the 2022 Program Year, (2022 PY), to carry out strategies covered in the Consolidated Plan including, fostering and maintaining affordable housing, evaluation and reduction of lead-based paint hazards, reduce the number of families within the poverty level and develop the institutional structure and enhancing coordination between public and private agencies that serve low-income and special needs populations.

Actions planned to address obstacles to meeting underserved needs The greatest obstacle to meeting underserved needs in the City is the lack of funding. During the 2022 PY and the duration of the 2020 Con Plan period the City will continue its efforts to identify funding sources, support funding applications by developers and service providers that expand the availability of affordable housing and support applications for homeless assistance and supportive service funds. The City will also implement zoning and land use policies that encourage the development of affordable housing. The City will continue to participate and encourage partnerships between local agencies and organizations so underserved needs may be better met by collaborative use of resources. Additionally, the applications received by the City often do not address some of the greater issues such as acquisition or development of new affordable housing units and economic development activities.

Actions planned to foster and maintain affordable housing The City will continue to offer and/or provide funding for a range of affordable housing activities including single-family Housing Rehabilitation, multi-family housing rehabilitation and First-time Homebuyer Programs. The City will work in partnership with private developers, local non-profit agencies and the Regional Housing Authority to develop and preserve affordable housing units.

Actions planned to reduce lead-based paint hazards
The City will continue to implement HUD’s lead-based paint regulations that became effective in September 2000. Efforts by the City to reduce lead-based paint hazards include the disclosure to homeowners of possible lead hazards, sponsoring certification training for contractors, implementation of lead risk assessment and clearance testing procedures and supervision of lead-related work performed.

In addition, the City will continue to adhere to its Housing Rehabilitation Program guidelines that were amended to stipulate the type and amount of assistance provided and define costs covered under the City’s lead reduction program.

Actions planned to reduce the number of poverty-level families The City will continue its efforts to increase the availability of affordable housing opportunities and assist homeless individuals or those who may be at risk of homelessness. In addition, the City will implement land use policies that seek to balance the creation of jobs and housing and ensure a variety of employment

Amended 2022 Annual Action Plan 38
OMB Control No: 2506-0117 (exp. 09/30/2021)
opportunities requiring varying levels of skills and training.

The City will continue its efforts to develop and maintain cooperative relationships with public and private organizations that share a common mission for improving the quality of life for individuals through housing, social services, employment and skills training and economic development.

Actions planned to develop institutional structure
The City's Development Services Department is the City Department responsible for the administration of the City’s Housing Programs, including the Community Development Block Grant (CDBG) Program. The Development Services Department also oversees the City’s Community Development activities. As an entitlement jurisdiction, the City receives an annual CDBG allocation through the Department of Housing and Urban Development (HUD. Both internal City Departments and external Sub-Recipient agencies implement the programs and projects identified in the 2022 Annual Action Plan. The Development Services Department will continue to collaborate with other City Departments, the City Council, City Commissions, as well as local agencies and organizations and residents to develop programs and activities that serve low and moderate-income individuals and families within the jurisdiction.

Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to meet with and maintain a dialogue with non-profit agencies and organizations that serve low and moderate-income persons. The City will work to enhance and improve the organizational capacity and foster a collective planning process.

The City will continue to work closely with the Regional Housing Authority to develop, preserve and improve the supply of affordable housing in the City.

Discussion:

Although there are coordinated programs and services to address the needs of lower income households and the homeless, it is recognized that many unmet needs will remain.

Amended 2022 Annual Action Plan 39
OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan

0.00 3. The amount of surplus funds from urban renewal settlements

0.00 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan.

0.00 5. The amount of income from float-funded activities

0.00 Total Program Income

0.00 0.00
Other CDBG Requirements

1. The amount of urgent need activities 0.00

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit – A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 70.00% The Program Income will be used to fund additional housing loans for the above listed programs.

Agenda Item 13

CITY OF YUBA CITY

STAFF REPORT
Date: January 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Community Sponsorship Request
Recommendation: Consider the sponsorship request from Film Yuba-Sutter, and if approved:

Adopt a Resolution to approve a monetary sponsorship request from Film YubaSutter of $6,250.00 to assist in funding the Film Yuba-Sutter Film Commission Fiscal Impact: Monetary sponsorship in the amount of $6,250.00 Purpose:

Film Yuba-Sutter! is an organization intended to attract and support the film industry in the Yuba-Sutter Community. A Film Commission such as Film Yuba-Sutter is a one-stop resource for film, TV, and commercial production.

Council's Strategic Goal:

The overarching strategic goal of "Quality of Life."
Background:

Film Yuba-Sutter provides tremendous opportunities for Yuba-Sutter. The tax revenue that can be generated through local production activities can be significant.

Location film production has a widespread economic impact that can benefit our entire community.

Each location shoot means local jobs for camera operators, sound and lighting technicians, electricians, caterers, plumbers, carpenters, animal trainers, truck drivers, makeup artists, graphic artists, photographers, hairdressers, set designers, and production assistants. These location dollars are spent on hardware, props, film, photo development, plants, paint, lumber, cleaners, furniture, portable toilets, generators, clothing, entertainment, food, lodging, and gasoline.

In January 2022, Marni Sanders, CEO of the Yuba-Sutter Chamber of Commerce, appeared before Council to request a $6,250 contribution to the Film Yuba-Sutter! Film Commission. The City Council approved the contribution and also designated Vice Mayor Harris to participate on the Film Commission Committee. As can be seen in the attached July-September 2022 Quarterly Report, the Commission has completed quite a few contract deliverables.

Analysis:

Ms. Sanders has submitted a request for a contribution in the amount of $6,250 for 2023. The $6,250 is a small portion of the $50,000 in sponsorships expected to be received from the surrounding agencies as well as funds programmed through the Yuba Sutter Lodging Association.

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 $ 8,500
Fiscal Impact:

As noted above, the budgeted funds are to be considered and allocated quarterly, which provides $3,750 quarterly for Community Contributions and $2,500 quarterly for Community Events. To date, Council has authorized the following:
• July - September 2022 Quarter
o Community Contribution - Alliance for Hispanic Advancement - $3,750 o Community Event - Yuba Sutter Arts & Culture - $2,500 • October - December 2022 Quarter
o Community Event - Sutter County Memorial Museum Association Trees & Traditions Fundraiser Event - $1,000
o Community Contribution - Cotton Rosser Memorial Bronze Statue - $5,000 (Funds were designated from a different account so this contribution does not impact the amount of funds available for Community Contributions.)
Per the policy, sponsorship requests are to come before the Council on a quarterly basis for consideration. As the $3,750 in Community Contributions available for the October - December 2022 Quarter were not allocated, there is a total of $7,500 available for Community Contributions for the January - March 2023 Quarter.

Alternatives:

1. Do not authorize the contribution.

2. Authorize a different contribution amount.

Recommendation:

Adopt a Resolution to approve a monetary sponsorship request from Film Yuba-Sutter! of $6,250 to assist in funding the Film Yuba-Sutter! Film Commission.

Attachments:

1. RESOLUTION - Community Sponsorship Request For Film Yuba-Sutter

2. Film Yuba-Sutter Quarterly Report

3. Sponsorship Application Film Yuba-Sutter
Prepared By: Submitted By:

George Barlow
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, FILM YUBA-SUTTER
WHEREAS, Film Yuba-Sutter a 501(c)(3) non-profit organization, is requesting community sponsorship funds for Film Yuba-Sutter film commission; and, WHEREAS, the City Council of the City of Yuba City (“City Council”) finds that the Film YubaSutter, a nonprofit organizations that serves an important public purpose to the community insofar as the public will receive cultural, and educational enrichment from their efforts; 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 Film Yuba-Sutter, Film Commission will benefit Yuba City residents. The requested sponsorship is for a qualified non-profit organization that primarily serves Yuba Sutter residents, and will contribute positively to the recognition and image of the city. Accordingly, the City Council approves the sponsorship request of $6,250 for the Film Yuba-Sutter, Film Commission.

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 17th day of January, 2023 by the following vote:

AYES:

NOES:

ABSENT:
____________________________
Wade Kirchner, Mayor
ATTEST:
_____________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
___________________________
Shannon L. Chaffin, City Attorney

ATTACHMENT 2

ATTACHMENT 3

Agenda Item 14

CITY OF YUBA CITY

STAFF REPORT
Date: January 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Consideration of Planned Development (PD) 17 in association with Development Plan (DP) 22-04, Nestory Park Self Storage
Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of the City of Yuba City approving a Planned Development (PD) 17 for Nestory Park Self Storage located along the north side of Winship Road approximately 430 feet east of the intersection of Winship Road and Garden Highway (APNs: 53-500-008 and 53-500-035) and an associated Mitigated Negative Declaration by title only and waive the first reading
Fiscal Impact: The cost for processing land use entitlements is funded by the project applicant through the payment of application fees.

Purpose:

To consider Planned Development (PD) 17 and Development Plan (DP) 22-04, Nestory Park Self Storage, for a 4.9-acre property, consisting of two parcels, located on the north side of Winship Road approximately 430 feet east of Garden Highway. The properties are identified as Assessor’s Parcel Numbers 53-500-008 and 53-500-035.

The site is designated in the General Plan as Business, Technology & Light Industrial (B,T,& LI), and self-storage facilities are consistent with that designation. The site is within two zone districts. The western parcel is in a Commercial/Light Industrial (C-M) Zone District, and the eastern parcel is zoned Light Industrial (M-1). The proposal is to rezone the parcels to the PD 17 Zone District to modify the existing setback requirements in order to eliminate potential loitering areas and maximize development capacity.

Council’s Strategic Goal:

This item implements the Council’s goal of Business Friendly.

Background:

The applicant, David Flaherty, filed applications for PD 17 and DP 22-04, Nestory Park Self Storage, in July 2022.

This level property is vacant with no history of being built on. Discretionary review is triggered by the rezoning to a PD Zone District that will amend the development standards as outlined above. Selfstorage facilities are a permitted use in the M-1 Zone District, but discretionary review is also triggered by its large size (Zoning Regulations Sec. 8-5.7001(d)) requiring Planning Commission approval for the Development Plan.

The PD Zone District is intended to provide individualized zoning for projects that do not fit within traditional zone districts. The Zoning Regulations require that a 15-foot-wide landscaped yard (setback) be provided when there is a land use transition between commercial or industrial uses and residential uses. It is intended to provide a visual barrier between what are sometimes incompatible uses. The request is to reduce it to zero, and to reduce the front yard and landscaping from the standard 20 feet wide to 10 feet.

On December 14, 2022, the Yuba City Planning Commission conducted a public hearing, where no persons spoke in opposition to the project, and the Planning Commission unanimously:

1. Adopted Resolution PC 22-15 recommending approval of PD 17 to the City Council together with Environmental Assessment 22-12; and

2. Adopted Resolution PC 22-16 contingently approving DP 22-04 Analysis:

Compatibility with neighboring uses:

The project is located on the perimeter of an area designated for light industrial uses. Three sides either have or are planned for light-industrial uses. The fourth side, to the north, has multiple-family residences that would face the rear of the proposed facility. Only the north side of the property raises a potential compatibility issue. Adjacent land uses are provided in Table 1:

While the ordinance requires a 15-foot-wide landscaped setback be installed to provide a buffer between the light industrial use and the multiple-family residences, the applicant has requested that the Table 1: Bordering Information and Uses
General Plan
Land Use
Classification
Zoning Existing
Land Use
Project
Site
Business,
Technology &
Light Industrial
(BT & LI)
Heavy
Commercial/Light
Industrial (CM)
and Light
Industrial (M-1)
The property is vacant.

North Medium/High
Density
Residential
(MDR)
Multiple-Family
Residential (R-3)
Multiple-family residences
East BT & LI M-1 Orchard
West BT & LI M-1 Commercial condominium buildings
housing heavy commercial/light industrial
uses.

South BT & LI M-1 Orchard

property be rezoned to a PD 17 Zone District that amends the development standards to reduce the setback from 15 feet to zero, with vine type plantings along the masonry type wall. For the reasons provided below in the “Rezoning to a Planned Development Zone District” section, due to the nature of the proposed business and local conditions, the proposed self-storage facility with the zero rear yard is not expected to be incompatible with the neighboring multi-family residential.

To further reduce potential compatibility issues there is a condition included that prohibits container stacking.

As such, it is not expected that there will be any compatibility issues with neighboring uses.

Rezoning to a Planned Development Zone District:

The PD 17 is requested to reduce front and rear yard setbacks in order to make a larger percentage of the property available for the proposed self-storage facility. It reflects the Light Industrial (M-1) Zone District in all respects except for the front and rear yard reductions. The proposed PD 17 Zone District is attached.

The reduction of the rear yard to zero, with vine type plantings along the masonry type wall will likely not cause any issues with the neighboring multifamily parcels for several reasons:
• The small landscape area will consist of vine type plantings to create a vertical garden that will largely diminish the view of the light industrial type of facility. • The PD zoning, in addition to reducing the setbacks, also limits the use of the property to this approved site plan. This is important as the proposed self-storage facility is typically a low intensity, quiet use, as compared to other types of light industrial projects that could locate on this site. If changes are proposed to the project, they will have to be reviewed via a public process by the Planning Commission.
• For much of the project, there is considerable open space between the nearest multi-family residences and the proposed self-storage facility. Along much of the northern property line, the distance between uses would be well over 100 feet. For the easterly approximately 300 feet of the project, the minimum distance between the uses would be about 80 feet. One problem area, however, is that were the minimum distance between uses is about 80 feet, there is a Housing Authority street that is essentially on or very near the property line. As stated, the applicant is coordinating with the adjacent property owner regarding a landscape easement on the Regional Housing Authority parcel to the north (APN: 53-470-087). The addition of landscaping in this area will serve as a buffer between the street and the masonry wall.

Airport Land Use Plan:

The project is located within the boundary of the Sutter County Airport Land Use Plan which provides polices regulating land uses near the airport. Regarding building height, a very small two-story portion of the Project is well below the several imaginary cones that limit height around the airport. It may be possible in future years, however, that the trees planted to landscape the property could grow into one of those zones. This should not be significant as the trees can be topped if needed.

There are also three safety zones around the airport that limit the intensity of uses, the Clear Zone, the Approach and Departure Zone, and the Overflight Zone. The project is outside of the Clear Zone, which is the area within 200 feet of the end of the runway. The project is also outside of the Approach and Departure Zone which is a cone shaped area extending beyond the 200-foot Clear Zone for 2,000 feet. The project is within the Overflight Zone, which is the area overflown by aircraft during normal traffic pattern procedures but outside of the Clear Zone and Approach and Departure Zone. This Zone limits intensity of uses, but the proposed Self-Storage facility is permitted as it is a low-population

density use.

The project is in conformance with the Sutter Airport Land Use Plan and, as such, there is not a potential for significant adverse impacts on the users of the Project nor to airport operations.

Traffic:

Self-storage facilities are very low traffic generators. There is a potential concern, however, that allowing commercial trucks in the permitted vehicle storage area could impact the non-signalized Garden Highway/ Winship Road intersection. Although commercial truck parking was not proposed by the applicant, there is a standard included in the PD that prohibits commercial truck parking. Thus, traffic generated by this project does not raise noteworthy concerns.

Building Design:

The walls and back of buildings along the rear and front of the facility are decorative and also will be completely (rear) or partially (front) covered by landscaping or the views of them interrupted by neighboring light industrial uses (west and east sides). However, the two-story portion of the building near the main entrance does not, in staff opinion, meet a quality design standard. Providing a second story that emphasizes the look of storage unit doors facing the highway does not represent an attractive design. As such, staff recommends that this elevation be improved to add a stronger design element to that upper story. Staff has included a condition that requires an enhanced design that meets this standard be approved by the Development Services Director prior to the issuance of a building permit.

The applicant has also indicated interest in potentially lowering the overall walls and building heights in some areas of the development. This proposed revision is required to be approved by the Development Services Director prior to issuance of a building permit.

Availability of City services:

All City services, including water, sewer, and storm-water drainage (a combination of City and the Gilsizer County Drainage District) are available to this site.

Environmental Determination:

An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.

Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and recommends adoption of a mitigated negative declaration for this self-storage project. The findings of the mitigated negative declaration are that, with the proposed mitigations for Geology/Soils, Greenhouse Gas Emissions, and Tribal Cultural Resources, the self-storage facility will not create any significant environmental impacts. As a result, the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA. The proposed mitigations are included with the project conditions of approval.

As a result, the Planning Commission recommended the City Council adopt the attached Mitigated Negative Declaration and Mitigation Monitoring Program for this project together with the recommended findings in accordance with the provisions of CEQA. The Mitigation Monitoring Program has been refined to clarify responsibilities for performance and monitoring of the same.

Fiscal Impact:

The cost for processing land use entitlements is funded by the project applicant through the payment of application fees.

Alternatives:

1. Deny the application to establish Planned Development 17.

2. Provide staff with alternate direction.

Recommendation:

1. Conduct a Public Hearing; then

2. Introduce an Ordinance of the City Council of the City of Yuba City approving a Planned Development (PD) 17 for Nestory Park Self Storage located along the north side of Winship Road approximately 430 feet east of the intersection of Winship Road and Garden Highway (APNs: 53-500-008 and 53-500-035) and an associated Mitigated Negative Declaration by title only and waive the first reading.

Attachments:

1. City Council Ordinance

2. Nestory Park Location Map

3. Development Plan 22-04, Nestory Park

4. Environmental Assessment 22-12 and Mitigation Monitoring Program Prepared By: Submitted By:

Ashley Potočnik
Development Liaison
Diana Langley
City Manager

ATTACHMENT 1

1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING A PLANNED DEVELOPMENT (PD) 17 FOR NESTORY PARK

SELF STORAGE LOCATED ALONG THE NORTH SIDE OF WINSHIP ROAD APPROXIMATELY 430 FEET EAST OF THE INTERSECTION OF WINSHIP ROAD AND GARDEN HIGHWAY (APNS: 53-500-008 AND 53-500-035) AND AN

ASSOCIATED MITIGATED NEGATIVE DECLARATION
WHEREAS, David Flaherty (“Applicant”), Yanni Limited L.L.C, filed applications for Planned Development (PD) 17 and Development Plan (DP) 22-04 to construct a self-storage facility, outdoor vehicle storage area and shipping container storage area; and WHEREAS, as a result the following entitlements are being considered for approval by the City:
• Planned Development (PD) 17
• Development Plan (DP) 22-04
• Environmental Assessment (EA) 22-12
(collectively “Project”); and
WHEREAS, the Planned Development Zone has been requested in order to reduce the setbacks on the property from 15 feet to 18 inches (north side) and landscaping from 15 feet to zero feet and to reduce the front (south side) setback and landscaping from 20 feet to 10 feet; and
WHEREAS, this property is within Yuba City’s city limits and the property owner wished to enhance development opportunities for the property; and WHEREAS, a review of the General Plan and Zoning Regulations determined that the proposed self-storage facility was consistent with the elements of the General Plan and the Zoning Regulations, provided that the PD rezoning is approved; and WHEREAS a review of the Sutter County Airport Land Use Plan determined that the project is consistent with the airport plan; and
WHEREAS, the analysis of the adequacy of providing reduced setbacks and landscaping indicated that for several reasons the proposed facility would be compatible with neighboring uses; and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Initial Study and Negative Declaration (Environmental Assessment 22-12) for the Project; and
WHEREAS, on December 14, 2022, the Planning Commission concurrently conducted a duly noticed public hearing on the Project, at which time it received input from City Staff, the applicant; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission, after which public testimony was closed; and

2 WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission contingently approved Development Plan 22-04 and contingently adopted Environmental Assessment (EA) 22-12; and
WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission recommended the City Council adopt Environmental Assessment 22-12 and Planned Development 17; and
WHEREAS, on January 17, 2023, the Yuba the City Council conducted a duly noticed public hearing on the project, at which time it received input from City Staff; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the City Council, after which public testimony was closed and this ordinance introduced.

WHEREAS, the City Council of Yuba City considered said recommendations of the Planning Commission on the matter and after review and consideration of the Environmental Assessment, the City Council desires to approve PD No. 17 and the associated Environmental Assessment (EA) 22-12 adopting a Mitigated Negative Declaration for the project.

NOW, THEREFORE, the City Council of the City of Yuba City does ordain as follows:

1. Recitals. The City Council finds that the recitals are true and correct, and incorporates the same herein as if set forth in full.

2. CEQA Findings: The City Council of the City of Yuba City finds that an environmental assessment/ initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. The process included the distribution of requests for comments from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies. While the proposed project could have a potentially significant effect on the environment, based on its independent judgement and analysis the City Council find that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects to a point where clearly no significant effect on the environment will occur. The project-specific mitigation measures included in the project to avoid potentially significant effects are set forth in the attached Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the project specific mitigations imposed, there is no substantial evidence in the record that this project may have significant direct, indirect, or cumulative effects on the environment.

3. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Based on the foregoing, the City Council of the City of Yuba City adopt the Mitigated Negative Declaration prepared for the project, including the associated Mitigation Monitoring and Reporting Program as updated, as the project will not result in any significant, adverse environmental impacts with the mitigations proposed. The Yuba City Development Services Department is located at 1201 Civic Center Boulevard, Yuba City, CA 95993, and is recommended to be designated as the custodian of the documents and other materials that constitute the record of the proceedings upon which the decision is based. The City Council authorize the Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for approval of the project that complies with the CEQA Guidelines.

4. Planned Development 17 Findings. Yuba City Municipal Code Section 8-5.2706, requires that

3 the City make the following findings to approve a Planned Development (PD) Zone (the required findings are in italics).
a. The proposal is consistent with the General Plan.

Evidence. Self-storage facilities are considered to be light industrial type uses. They are specially listed as permitted uses in the C-M Zone District, and the C-M Zone District is listed in the Zoning Regulations as being consistent with the Light Industrial General Plan Designation.
b. The proposal is consistent with the planned surrounding land uses.

Evidence. Based on the analysis provided earlier in this report, the proposal is also a permitted use on three sides of this project that are also zoned for light industrial uses.

Regarding the residentially zoned property to the north, with the buffering provided, this use will also be consistent with that multiple-family use. c. There are or will be adequate public facilities available to properly serve the development, including streets to adequately handle the anticipated traffic.

Evidence. The project will be served by all City services. Regarding streets, selfstorage facilities are low traffic generators and Winship Road level of service is well within the City policy of streets being within Level of Service D. There is also a provision in the PD Zone District that does not allow parking for commercial trucks. d. The quality of the development is as good or better than would be accomplished through traditional zoning and design criteria.

Evidence. While the setbacks and landscaping area is much less than would otherwise be provided per the City landscaping standards, adequate buffering between the selfstorage facility and the neighboring multiple-family residences will be adequate, and the street frontage landscaping will be as good as the neighboring light industrial facility.

5. Approval of Planned Development 17. The City Council adopts Planned Development (PD) 17 and reclassifies the zone districts for those districts as depicted in Exhibit A shown on the zoning map of the City of Yuba City from Commercial/Light Industrial (C-M) and Light Industrial (M-1) to Planned Development (PD) 17, subject to the uses and development standards set forth in Exhibit B.

6. Severability. If any section, subsection, 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, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.

4 8. Effective Date of Resolution. This ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage and adoption.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 17th day of January 2023, and adopted the Ordinance after the second reading at a regular meeting held on the ______day of _____2023, by the following roll call vote:

Ayes:

Noes:

Absent:

Recused:

CITY OF YUBA CITY
_____________________________
Wade Kirchner, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
_________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit A: Zoning Map, PD 17
Exhibit B: PD 17 Zone District
I, ______________________________, Deputy City Clerk of the City of Yuba City, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Yuba City on the date and by the vote indicated herein.

5 EXHIBIT A

6

7 EXHIBIT B

8

ATTACHMENT 2

Service Layer Credits: Source: Esri, Maxar,
GeoEye, Earthstar Geographics, CNES/Airbus
DS, USDA, USGS, AeroGRID, IGN, and the
GIS User Community

GARDEN HWY
Nestory Park Self Storage Map
Development Plan 22-04 - 465/475 Winship Road
Project Site

ATTACHMENT 3

TREES 6 15 GAL GINKGO BILOBA 'PRINCETON SENTRY' GINKGO
15 15 GAL LAGERSTROEMIA INDICA 'DYNAMITE' CRAPE MYRTLE 4 15 GAL PISTACIA CHINENSIS 'KEITH DAVEY' CHINESE PISTACE

SHRUBS, PERENNIALS & GROUNDCOVERS
69 1 GAL CALAMAGROSTIS 'KARL FOERSTER' KARL FOERSTER GRASS 4 1 GAL HEMEROCALLIS 'ROSY CHIPPER' DAYLILY 3 5 GAL CAMELLIA JAPONICA 'SILVER WAVES' CAMELLIA 15 5 GAL GELSEMIUM SEMPERVIRENS CAROLINA JESSAMINE
20 5 GAL HARDENBERGIA VIOLACEA PURPLE VINE LILAC
11 5 GAL LEUCOPHYLLUM FRUTESCENS 'COMPACTA' TEXAS SAGE
73 5 GAL LONICERA HECKROTTII 'GOLDFLAME' GOLDFLAME HONEYSUCKLE 31 5 GAL MYOPORUM PARVIFOLIUM CREEPING BOOBIALLA
40 5 GAL TRACHELOSPERMUM JASMINOIDES STAR JASMINE
87 5 GAL XYLOSMA CONGESTUM SHINY XYLOSMA

PLANTING LEGEND
QTY. SIZE DESCRIPTION COMMON NAME
SYMBOL
(TREES

CALLOUT NTS) -LF-CJ-KF-HE- MP-X-KD-GB-LI LTHG -GS-HV-LH-TJ WINSHIP ROAD N 3CJ 8MP 4HE 5MP 5 1 GB GB
14 MP 6LF 6KF
13LF 8KF KF 5MP 4KD
87X
10 LI 13
LI2
16HE
15GS
20 HV
40TJ L H H H H H L H H H H H L H H H H H L L
73LH L L L L L H H H H H L L L L L T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T L L T T T T T L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L G G G G G G G G G G G G G G G L L L L KF
10 KF
10 KF
10 KF
10 KF5 NESTORY PARK STORAGE FACILITY WINSHIP ROAD YUBA CITY, CA 95993 APN 053-500-024 L1

REVISIONS PLANTING PLAN
DRAWN BY
APPROVED
LICENSE

COMMERCIAL
409125
SHEET
OF 1 4 SCALE 1"
30'
C. TOMEI
DATE 6/30/2022 BOTANICA ANDSCAPES L 0 30' 60'
(15) WALL MOUNTED TRELLIS SYSTEMS AT 24"

ON CENTER BY STAINLESS CABLE SOLUTIONS
BETWEEN COLUMNS. SEE DETAIL 9/L4. -GB -LI -KD -CJ -LF -KF - MP -X -TJ -LH -HV -GS -HE NOTE ADDITIONAL WALL MOUNTED TRELLIS

SYSTEM(S) ON SOUTH WALL WHERE
INDICATED ON COLORED ELEVATIONS.

WASAU TILE
66" ROUND PICNIC TABLE, GRAY

ATTACHMENT 4

Environmental Assessment 22-12
For Nestory Park Self Storage
Initial Study and Mitigated Negative Declaration for
Planned Development17 rezoning and Development Plan 22-04 Prepared for:

City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
Prepared By:

Denis Cook
Land Use Planning Consultant
and
City of Yuba City
Development Services Department
Planning Division
November 24, 2022

1 This page intentionally left blank.

2 Table of Contents
Table of Contents...............................................................................................................................2

1. Introduction ..............................................................................................................................4 Introduction ..................................................................................................................................4 Regulatory Information.................................................................................................................4 Document Format.........................................................................................................................5 Purpose of Document...................................................................................................................5 Intended Uses of this Document ..................................................................................................6

2. Project Description ....................................................................................................................6 Project Title...................................................................................................................................6 Lead Agency Name and Address...................................................................................................7 Contact Person and Phone Number .............................................................................................7 Project Location ............................................................................................................................7 Project Applicant...........................................................................................................................7 Property Owner ............................................................................................................................7 General Plan Designation..............................................................................................................7 Zoning............................................................................................................................................7 Project Description......................................................................................................................10 Surrounding Land Uses and Setting............................................................................................12 Other Public Agencies Whose Approval May be Required ........................................................12

2.12. Native American Tribal Consultation……………………………………………………………………………………..11 Environmental Factors Potentially Affected:..............................................................................13 Evaluation of Environmental Impacts: .......................................................................................13

3. Environmental Checklist and Impact Evaluation........................................................................15 Aesthetics....................................................................................................................................15 Agricultural and Forestry Resources...........................................................................................19 Air Quality ...................................................................................................................................23 Biological Resources....................................................................................................................30 Cultural Resources......................................................................................................................34

3.6. Energy .........................................................................................................................................36

3.7. Geology and Soils........................................................................................................................38

3.8. Greenhouse Gas Emissions.........................................................................................................44

3.9. Hazards and Hazardous Materials ..............................................................................................47

3.10. Hydrology and Water Quality .....................................................................................................52

3.11. Land Use and Planning................................................................................................................56

3 3.12. Mineral Resources ......................................................................................................................57

3.13. Noise ...........................................................................................................................................59

3.14. Population and Housing..............................................................................................................65

3.15. Public Services.............................................................................................................................67

3.16. Recreation...................................................................................................................................69

3.17. Transportation/Traffic ................................................................................................................70

3.18. Tribal Cultural Resources............................................................................................................73

3.19. Utilities and Service Systems ......................................................................................................78

3.20. Wildfire........................................................................................................................................82

3.21. Mandatory Findings of Significance............................................................................................84

4. Section References and/or Incorporated by Reference..............................................................86

4 CITY OF YUBA CITY
Development Services Department
Planning Division
1201 Civic Center Blvd. Yuba City, CA 95993 Phone (530) 822-4700 Introduction
Introduction
This Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared to identify any potential environmental impacts in the City of Yuba City, California (City) from the proposed Nestory Park Self Storage facility. Development Plan 22-04 is for a proposal to construct a self-storage facility on 4.90 acres that will consist of approximately 89,785 square feet of indoor self-storage units (within six buildings), approximately 70 outdoor RV storage spaces, and approximately 127 shipping container spaces. Also included is an office/reception area near the entrance. No on-site caretaker residence is proposed. Seven public parking spaces will be provided just outside the entrance gate. No commercial semi-trucks will be allowed in the outdoor vehicle storage area.

Also proposed is to rezone the property from the Heavy Commercial-Light Industrial (C-M) Zone District and Light Industrial (M-1) Zone District to a Planned Development17 (PD17) Zone District in order to allow the reduction of setbacks on the front and rear portions of the property. The rear setback is requested to be reduced from a 15-foot-wide landscaped area to 0, to be replaced with an 18-inch landscape strip with a combination of vines and shrubs planted on the neighboring Regional Housing Authority property. The front setback is proposed to be reduced from a 20-foot-wide landscape area to a 10-foot wide landscape area.

The property is located on the north side of Winship Road approximately 430 feet east of Garden Highway.

The properties are identified as Assessor’s Parcel Numbers 53-500-008 and 53-500-035.

This development plan and rezoning is considered a project under the California Environmental Quality Act (CEQA), as the City has discretionary authority over the project. The project requires discretionary review by the City of Yuba City Planning Commission and City Council.

This IS/MND has been prepared in conformance with CEQA Guidelines Section 15070. The purpose of the IS/MND is to determine the potential significant impacts associated with the proposed self-storage facility with reduced front and rear yard setbacks and associated landscape areas, and provide an environmental assessment for consideration by the Planning Commission and City Council. In addition, this document is intended to provide the basis for input from public agencies, organizations, and interested members of the public.

Regulatory Information
An Initial Study (IS) is an environmental assessment document prepared by a lead agency to determine if a project may have a significant effect on the environment. In accordance with the California Code of Regulations Title 14 (Chapter 3, §15000 et seq.), commonly referred to as the CEQA Guidelines - Section 15064(a)(1) states an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the proposed project under review may have a significant effect on the

5 environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant. A negative declaration may be prepared instead; if the lead agency finds that there is no substantial evidence, in light of the whole record that the project may have a significant effect on the environment. A negative declaration is a written statement describing the reasons why a proposed project, not exempt from CEQA pursuant to §15300 et seq. of Article 19 of the Guidelines, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines Section 15371). According to CEQA Guidelines Section 15070, a negative declaration shall be prepared for a project subject to CEQA when either:

A. The IS shows there is no substantial evidence, in light of the whole record before the agency, that the proposed project may have a significant effect on the environment, or B. The IS identified potentially significant effects, but:

1. Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed negative declaration and initial study is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur is prepared, and

2. There is no substantial evidence, in light of the whole record before the agency, that the proposed project as revised may have a significant effect on the environment. If revisions are adopted by the Lead Agency into the proposed project in accordance with the CEQA Guidelines Section 15070(b), a Mitigated Negative Declaration (MND) is prepared.

Document Format
This IS/MND contains four chapters, and one technical appendix. Chapter 1, Introduction, provides an overview of the proposed Project and the CEQA environmental documentation process. Chapter 2, Project Description, provides a detailed description of proposed Project objectives and components. Chapter 3, Impact Analysis, presents the CEQA checklist and environmental analysis for all impact areas, mandatory findings of significance, and feasible measures. If the proposed Project does not have the potential to significantly impact a given issue area, the relevant section provides a brief discussion of the reasons why no impacts are expected. If the proposed Project could have a potentially significant impact on a resource, the issue area discussion provides a description of potential impacts, and appropriate mitigation measures and/or permit requirements that would reduce those impacts to a less than significant level. Chapter 4, List of Preparers, provides a list of key personnel involved in the preparation of the IS/MND.

Purpose of Document
The proposed self-storage facility will undergo a public review process by the Planning Commission that will result in a recommendation to the City Council followed by a public review by the City Council which will decide on the project. If approved as proposed, the Project will consist of 89,785 square feet (within six buildings) of indoor self-storage units, approximately 70 outdoor RV storage spaces, and 127 shipping containers. The Planning Commission’s and City Council’s review is needed to assure that the Project will be compatible with existing or expected neighboring uses and that adequate public facilities are available to serve the project.

This document has been prepared to satisfy the California Environmental Quality Act (CEQA) (Pub. Res.

Code, Section 21000 et seq.) and the State CEQA Guidelines (Title 14 CCR §15000 et seq.). CEQA requires

6 that all state and local government agencies consider the environmental consequences of projects over which they have discretionary authority before acting on those projects.

The initial study is a public document used by the decision-making lead agency to determine whether a project may have a significant effect on the environment. If the lead agency finds substantial evidence that any aspect of the project, either individually or cumulatively, may have a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, the lead agency is required to use a previously prepared EIR and supplement that EIR, or prepare a subsequent EIR to analyze at hand. If the agency finds no substantial evidence that the project or any of its aspects may cause a significant effect on the environment, a negative declaration shall be prepared. If in the course of the analysis, it is recognized that the project may have a significant impact on the environment, but that with specific recommended mitigation measures incorporated into the project, these impacts shall be reduced to less than significant, a mitigated negative declaration shall be prepared.

In reviewing all of the available information for the above referenced project, the City of Yuba City Planning Division has analyzed the potential environmental impacts created by this project and a mitigated negative declaration has been prepared for this project.

Intended Uses of this Document
In accordance with CEQA, a good-faith effort has been made during preparation of this IS/MND to contact affected public agencies, organizations, and persons who may have an interest in the proposed project.

In reviewing the Draft IS/MND, affected and interested parties should focus on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the effects of the proposed project would be avoided or mitigated.

The Draft IS/ND and associated appendices will be available for review on the City of Yuba City website at www.yubacity.net/environmental. The Draft IS/MND and associated appendixes also will be available for review during regular business hours at the City of Yuba City Development Services Department (1201 Civic Center Boulevard, Yuba City, California 95993). The 20-day review period will commence on November 24, 2022 and end on December 14, 2022 at the conclusion of the Planning Commission hearing.

Written comments on the Draft IS/MND should be sent to the following address:

City of Yuba City
Development Services Department
1201 Civic Center Boulevard
Yuba City, CA 95993
e-mail: [email protected]
Phone: (530) 822-4700

2. Project Description
Project Title
Nestory Park Self-Storage: Planned Development17 (PD17) and Development Plan (DP) 22-04.

7 Lead Agency Name and Address
City of Yuba City
Development Services Department, Planning Division
1201 Civic Center Blvd.

Yuba City, CA 95993
Contact Person and Phone Number
Doug Libby, AICP
Deputy Development Services Director
(530) 822-3231
[email protected]
Project Location
The property is located on the north side of Winship Road approximately 430 feet east of Garden Highway.

The properties are identified as Assessor’s Parcel Numbers 53-500-008 and 53-500-035.

Project Applicant
Nestory Park
1 Belvedere Place
Mill Valley, CA 94941
Property Owner
Nestory Park
1 Belvedere Place
Mill Valley, CA 94941
General Plan Designation
The General Plan designates the property as Business, Technology & Light Industrial (B, T, & LI). Selfstorage units are consistent with that designation.

Zoning
Existing: The site is within two zone districts on two properties. The western parcel is in a Commercial/Light Industrial (C-M) Zone District. The eastern parcel is zoned Light Industrial (M-1). The proposed self-storage facility is a permitted use in both zone districts but due to the project size will be heard by both the Planning Commission and City Council.

Proposed: Planned Development (PD17) Zone District that will reduce the landscaped front setback from 20 feet to 10 feet and the rear landscaped setback from 15 feet to O feet and associated reduction in landscaping (with an 18-inch-wide landscape strip on the neighboring property).

8 Figure 1: Location Map

9 Figure 2: PD17 Rezoning - Existing Zoning map and Proposed Zoning

10 Figure 3: Site Plan

11 Figure 4: Landscape Plan

12 2.9 Project Description
Nestory Park Self Storage facility. Development Plan 22-04 is for a proposal to construct a self-storage facility on 4.90 acres that will consist of approximately 89,785 square feet of indoor self-storage units (within six buildings), approximately 70 outdoor RV storage spaces, and approximately 127 shipping container spaces. Also included is an office/reception area near the entrance. No on-site caretaker residence is proposed. Seven public parking spaces will be provided just outside the entrance gate. No commercial semi-trucks will be allowed in the outdoor vehicle storage area.

Also proposed is to rezone the property from the Heavy Commercial-Light Industrial (C-M) Zone District and Light Industrial (M-1) Zone District to a Planned Development17 (PD17) Zone District (a copy of the PD17 Zone District is provided in appendix B at the rear of this report) in order to allow the reduction of setbacks on the front and rear portions of the property. The rear setback is requested to be reduced from a 15- foot-wide landscaped area to zero to be replaced with an 18-inch landscape strip with a combination of vines and shrubs planted on the neighboring Regional Housing Authority property. The front setback is proposed to be reduced from a 20-foot-wide landscape area to a 10-foot-widelandscape area. The draft PD Zone District is provided in appendix B of this study.

2.10. Surrounding Land Uses and Setting
Setting: The flat, vacant property is on the perimeter of a light industrial area, with an existing light industrial use along its west side. The east side and south side (across Winship Road) are utilized as an orchard but designated for future light industrial uses. The north side is bordered by multiple-family residential uses.

2.11. Other Public Agencies Whose Approval May be Required ▪ Feather River Air Quality Management District, Dust Control Plan, Indirect Source Review. ▪ Central Valley Regional Water Quality Control Board.

2.12. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
All geographically relevant Native American tribes were timely notified of the project, and consultation was not requested.

TABLE 1: BORDERING USES
North: Multiple-family residential uses.

South: Orchard, but zoned for future light industrial uses East: Orchard, but zoned for future light industrial uses West: Three Light Industrial buildings utilized by several businesses.

13 2.13 Environmental Factors Potentially Affected:

The environmental factors checked below would be potentially affected by this project, as indicated by the checklist and subsequent discussion on the following pages.

Aesthetics Agriculture & Forestry
Resources
Air Quality
Biological Resources X Cultural Resources Energy
X Geology/Soils X Greenhouse Gas Emissions Hazard & Hazardous Materials
Hydrology/Water Quality Land Use Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation X Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance
Determination: On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that, although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

November 24, 2022
Signature Date
Doug Libby, Deputy Director of Development Services
Printed Name/Position
Doug Libby (Jan 11, 2023 16:26 PST)
Doug Libby

14 Evaluation of Environmental Impacts:

A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
“Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analysis,” as described below, may be cross referenced). A Mitigated Negative Declaration also requires preparation and adoption of a Mitigation Monitoring and Reporting Program (MMRP) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. In this case, a brief discussion should identify the following:

Earlier Analysis Used. Identify and state where they are available for review.

Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.

Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they addressed site-specific conditions for the project.

Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts. Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

Supporting Information Sources: A source list should be attached, and other sources used, or individuals contacted should be cited in the discussion.

15 3. Environmental Checklist and Impact Evaluation
The following section presents the initial study checklist recommended by the California Environmental Quality Act (CEQA; Appendix G) to determine potential impacts of a project. Explanations of all answers are provided following each question, as necessary.

Aesthetics
Table 3.1: Aesthetics
Except as provided in Public Resources Code Section
21099, would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
X
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views
of the site and its surroundings? (Public views are
those that are experienced from publicly accessible
vantage point). If the project is in an urbanized
area, would the project conflict with applicable
zoning and other regulations governing scenic
quality?
X
d) Create a new source of substantial light or glare,
which would adversely affect day or nighttime
views in the area?
X

3.1.1. Environmental Setting/Affected Environment
Background views are generally considered to be long-range views in excess of 3 to 5 miles from a vantage point. Background views surrounding the project site are limited due to the flat nature of the site and the surrounding urban landscape. Overall, the vast majority of Sutter County is relatively flat, with the Sutter Buttes being the exception. The Sutter Buttes comprise the long-range views to the northwest and are visible from the much of the City, except in areas where trees or intervening structures block views of the mountain range. The Sutter Buttes located several miles northwest of the project site, are not prominent from this location.

The City’s General Plan, more specifically the Community Design Element “establishes policies to ensure the creation of public and private improvements that will maintain and enhance the image, livability, and aesthetics of Yuba City in the years to come.”
The following principles and policies are applicable:
▪ Maintain the identity of Yuba City as a small-town community, commercial hub, and residential community, surrounded by agricultural land and convey, through land uses and design amenities, Yuba City’s character and place in the Sacramento Valley.

16 ▪ Recognizing the livability and beauty of peer communities with highly designed visual landscapes, commit to a focus on the visual landscape of Yuba City. ▪ Maintain, develop, and enhance connections between existing and planned neighborhoods. ▪ Create and build upon a structured open space and parks network, centered on two large urban parks and the Feather River Corridor.
▪ Strive for lush, landscaped public areas marked by extensive tree plantings. ▪ Design commercial and industrial centers to be visually appealing, to serve both pedestrians and automobiles, and to integrate into the adjacent urban fabric.

In addition to the City’s General Plan, the City provides Design Guidelines. The goal of the City’s design guidelines is to ensure the highest quality of building design: designs that are aesthetically pleasing; designs that are compatible with the surroundings in terms of scale, mass, detailing, and building patterns; designs that accommodate the pedestrian, automobile, bicycle, and transit circulation; and designs that consider public safety, public interaction, and historic resources. In this case, however, the Design Guidelines do not currently apply to light industrial uses.

3.1.2. Federal Regulatory Setting
Federal regulations relating to aesthetics include the Organic Administration Act (1897), Multiple Use – Sustained Yield Act (1960), Wilderness Act (1964), Federal Lands Policy and Management Act (1976), Wild and Scenic Rivers Act. The proposed Project is not subject to these regulations since there are no federally designated lands or rivers in the vicinity.

3.1.3. State Regulatory Setting
The California State Scenic Highway Program was created by the California Legislature in 1963 to preserve and protect scenic highway corridors from change which would diminish the aesthetic value of lands adjacent to highways. The state laws governing the Scenic Highway Program are found in the Streets and Highways Code, Section 260 et seq. The State Scenic Highway System includes a list of highways that are either eligible for designation as scenic highways or have been so designated. These highways are identified in Section 263 of the Streets and Highways Code.

A highway may be designated scenic depending upon how much of the natural landscape can be seen by travelers, the scenic quality of the landscape, and the extent to which development intrudes upon the traveler’s enjoyment of the view. When a city or county nominates an eligible scenic highway for official designation, it must identify and define the scenic corridor of the highway. A scenic corridor is the land generally adjacent to and visible from the highway. A scenic corridor is identified using a motorist’s line of vision. A reasonable boundary is selected when the view extends to the distant horizon. The corridor protection program does not preclude development but seeks to encourage quality development that does not degrade the scenic value of the corridor. Jurisdictional boundaries of the nominating agency are also considered. The agency must also adopt ordinances to preserve the scenic quality of the corridor or document such regulations that already exist in various portions of local codes. These ordinances make up the scenic corridor protection program. County roads can also become part of the Scenic Highway System. To receive official designation, the county must follow the same process required for official designation of state scenic highways. There are no designated state scenic highways in the view shed of the project site.

17 California Building Code Title 24 Outdoor Lighting Standards: The requirements vary according to which “Lighting Zone” the equipment is in. The Standards contain lighting power allowances for newly installed equipment and specific alterations that are dependent on which Lighting Zone the project is located in.

Existing outdoor lighting systems are not required to meet these lighting power allowances. However, alterations that increase the connected load, or replace more than 50 percent of the existing luminaires, for each outdoor lighting application that is regulated by the Standards, must meet the lighting power allowances for newly installed equipment.

An important part of the Standards is to base the lighting power that is allowed on how bright the surrounding conditions are. The eyes adapt to darker surrounding conditions, and less light is needed to properly see; when the surrounding conditions get brighter, more light is needed to see. The least power is allowed in Lighting Zone 1 and increasingly more power is allowed in Lighting Zones 2, 3, and 4. By default, government designated parks, recreation areas and wildlife preserves are Lighting Zone 1; rural areas are Lighting Zone 2; and urban areas are Lighting Zone 3. Lighting Zone 4 is a special use district that may be adopted by a local government. The proposed Project is located in an urban area; thereby, it is in Lighting Zone 3.

3.1.4. Impact Assessment/Environmental Consequences:
a) Have a substantial adverse effect on a scenic vista? As there are no officially designated scenic vistas in Yuba City,the Project would therefore have no adverse effect on an official scenic vista. The Project site will generally not be visible from any major roads. Three sides of the property are or will at some point likely be developed with light industrial uses. Due to its location, and that fact that it is primarily single-story construction, the facility should not hamper any views of the Sutter Buttes. As such there is not a potential for any significant impacts on a scenic vista. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
The site is unremarkable in that it is flat with no topographic features, rock outcroppings, large heritage type trees, or buildings. As such, this development plan will have less than significant impacts on aesthetics.
c) In non-urbanized areas, substantially degrade the existing visual character of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
The Project is within an urbanized area. The north side of the Project is bordered by a multiple family use.

The other sides are bordered or expected in the future to be bordered by light industrial uses. The north side will in part consist of a 9-foot-high decorative precast concrete wall and the remainder will be the rear of the storage buildings which will be approximately 23 feet high. The standard 15-foot-wide landscaped setback is requested to be reduced to a zero setback with shrubbery and vines planted in an 18-inch-wide planting strip along the property line on the neighboring property (for which the applicant has received written permission from the Regional Housing Authority). Allowing time for vegetative growth this hedge will likely block most or all of the view of the self-storage facility from the multi-family residences. As such the aesthetic impact on the neighboring residences should be less than significant.

18 For the south side of the property, the wall pattern reflects what is proposed along the north side. The proposed PD will reduce the landscaped setback for the front yard from 20 feet to 10 feet that will result in a 10-foot-wide landscape strip with trees planted 30-feet on-center. The south side of the Project will be in line with what would typically be expected on industrially zoned property.

With the PD zoning that reduces normal City setback and landscaping standards, the Project will meet all City standards. Therefore, the design of the project is not expected to have the potential to adversely impact views of the area.
d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?
The Project is on the northern edge of a light industrial area. To the north of the site the land use transitions to multiple-family residences. There is not expected to be any impacts from this facility’s lighting on the neighboring light industrial properties. Concerning the residences along the north property line, the facility’s lighting may impact the apartments. But considering the lighting will mostly be limited to what is needed for security purposes, and with an 18-foot height limit, and the fact that the site is within an urban area with extensive street lighting, the facility lighting is not expected to have the potential to create any significant impacts on the neighboring multiple-family residences.

19 Agricultural and Forestry Resources
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared (1997) by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.

Table 3.2: Agricultural and Forestry Resources
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
X
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X
c) Conflict with existing zoning for, or cause rezoning of, forestland (as defined in Public Resources Code
Section 12220(g)), timberland (as defined by Public
Resources Code Section 4526), or timberland zoned
Timberland Production (as defined by Government
Code Section 51104(g))?
X
d) Result in the loss of forest land or conversion of
forest land to non-forest use? X
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
X

3.2.1. Environmental Setting/Affected Environment
Sutter County is located within the northern portion of California’s Central Valley in the area known as the Sacramento Valley. It contains some of the richest soils in the State. These soils, combined with abundant surface and subsurface water supplies and a long, warm growing season, make Sutter County’s agricultural resources very productive. Sutter County is one of California’s leading agricultural counties, with 83 percent of the County’s total land acreage currently being used for agricultural purposes.

However, while Sutter County provides rich agricultural opportunities, the subject site is within an urban area and has been designated for urban uses for many years.

3.2.2. Federal Regulatory Setting
Farmland Protection Policy Act: The Natural Resources Conservation Service (NRCS), a federal agency within the U.S. Department of Agriculture (USDA), is the agency primarily responsible for implementation of the Farmland Protection Policy Act (FPPA). The FPPA was enacted after the 1981 Congressional report, Compact Cities: Energy-Saving Strategies for the Eighties indicated that a great deal of urban sprawl was

20 the result of programs funded by the federal government. The purpose of the FPPA is to minimize federal programs’ contribution to the conversion of farmland to non-agricultural uses by ensuring that federal programs are administered in a manner that is compatible with state, local, and private programs designed to protect farmland. Federal agencies are required to develop and review their policies and procures to implement the FPPA every two years (USDA-NRCS, 2011). 2014 Farm Bill: The Agricultural Act of 2014 (the Act), also known as the 2014 Farm Bill, was signed by President Obama on Feb. 7, 2014. The Act repeals certain programs, continues some programs with modifications, and authorizes several new programs administered by the Farm Service Agency (FSA).

Most of these programs are authorized and funded through 2018.

The Farm Bill builds on historic economic gains in rural America over the past five years, while achieving meaningful reform and billions of dollars in savings for the taxpayer. It allows USDA to continue record accomplishments on behalf of the American people, while providing new opportunity and creating jobs across rural America. Additionally, it enables the USDA to further expand markets for agricultural products at home and abroad, strengthen conservation efforts, create new opportunities for local and regional food systems and grow the bio-based economy. It provides a dependable safety net for America's farmers, ranchers and growers and maintains important agricultural research, and ensure access to safe and nutritious food for all Americans.

Forestry Resources: Federal regulations regarding forestry resources are not relevant to the proposed Project because no forestry resources exist on the project site or in the vicinity.

3.2.3. State Regulatory Setting
California Environmental Quality Act (CEQA) Definition of Agricultural Lands: Public Resources Code Section 21060.1 defines “agricultural land” for the purposes of assessing environmental impacts using the Farmland Mapping & Monitoring Program (FMMP). The FMMP was established in 1982 to assess the location, quality, and quantity of agricultural lands and the conversion of these lands. The FMMP provides analysis of agricultural land use and land use changes throughout California.

California Department of Conservation, Division of Land Resource Protection: The California Department of Conservation (DOC) applies the NRCS soil classifications to identify agricultural lands, and these agricultural designations are used in planning for the present and future of California’s agricultural land resources. Pursuant to the DOC’s FMMP, these designated agricultural lands are included in the Important Farmland Maps (IFM) used in planning for the present and future of California’s agricultural land resources. The FMMP was established in 1982 to assess the location, quality, and quantity of agricultural lands and the conversion of these lands. The FMMP provides analysis of agricultural land use and land use changes throughout California. The DOC has a minimum mapping unit of 10 acres, with parcels that are smaller than 10 acres being absorbed into the surrounding classifications.

The list below provides a comprehensive description of all the categories mapped by the DOC. Collectively, lands classified as Prime Farmland, Farmland of Statewide Importance, and Unique Farmland is referred to as Farmland.
▪ Prime Farmland. Farmland that has the best combination of physical and chemical features able to sustain long‐term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date. ▪ Farmland of Statewide Importance. Farmland similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture. Land must have been

21 used for irrigated agricultural production at some time during the four years prior to the mapping date.
▪ Unique Farmland. Farmland of lesser quality soils used for the production of the State’s leading agricultural crops. This land is usually irrigated but may include non-irrigated orchards or vineyards as found in some climatic zones in California. Land must have been cropped at some time during the four years prior to the mapping date.
▪ Farmland of Local Importance. Land of importance to the local agricultural economy as determined by each county’s board of supervisors and a local advisory committee. ▪ Grazing Land. Land on which the existing vegetation is suited to the grazing of livestock. This category was developed in cooperation with the California Cattlemen’s Association, University of California Cooperative Extension, and other groups interested in the extent of grazing activities.

The minimum mapping unit for Grazing Land is 40 acres.
▪ Urban and Built-up Land. Land occupied by structures with a building density of at least 1 unit to

1.5 acres, or approximately 6 structures to a 10‐acre parcel. This land is used for residential, industrial, commercial, institutional, public administrative purposes, railroad and other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water control structures, and other developed purposes. ▪ Other Land. Land not included in any other mapping category. Common examples include low density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; confined livestock, poultry, or aquaculture facilities; strip mines and borrow pits; and water bodies smaller than 40 acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land.

California Land Conservation Act (Williamson Act): The California Land Conservation Act of 1965, commonly referred to as the Williamson Act, is promulgated in California Government Code Section 51200‐51297.4, and therefore is applicable only to specific land parcels within the State of California. The Williamson Act enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space uses in return for reduced property tax assessments. Private land within locally designated agricultural preserve areas is eligible for enrollment under Williamson Act contracts. However, an agricultural preserve must consist of no less than 100 acres. In order to meet this requirement two or more parcels may be combined if they are contiguous, or if they are in common ownership.

The Williamson Act program is administered by the Department of Conservation (DOC), in conjunction with local governments, which administer the individual contract arrangements with landowners. The landowner commits the parcel to a 10‐year period, or a 20-year period for property restricted by a Farmland Security Zone Contract, wherein no conversion out of agricultural use is permitted. Each year the contract automatically renews unless a notice of non‐renewal or cancellation is filed. In return, the land is taxed at a rate based on the actual use of the land for agricultural purposes, as opposed to its unrestricted market value. An application for immediate cancellation can also be requested by the landowner, provided that the proposed immediate cancellation application is consistent with the cancellation criteria stated in the California Land Conservation Act and those adopted by the affected county or city. Non‐renewal or immediate cancellation does not change the zoning of the property.

Participation in the Williamson Act program is dependent on county adoption and implementation of the program and is voluntary for landowners.

22 Farmland Security Zone Act: The Farmland Security Zone Act is similar to the Williamson Act and was passed by the California State Legislature in 1999 to ensure that long-term farmland preservation is part of public policy. Farmland Security Zone Act contracts are sometimes referred to as “Super Williamson Act Contracts.” Under the provisions of this act, a landowner already under a Williamson Act contract can apply for Farmland Security Zone status by entering into a contract with the county. Farmland Security Zone classification automatically renews each year for an additional 20 years. In return for a further 35% reduction in the taxable value of land and growing improvements (in addition to Williamson Act tax benefits), the owner of the property promises not to develop the property into nonagricultural uses.

Forestry Resources: State regulations regarding forestry resources are not relevant to the proposed Project because no forestry resources exist on the project site or in the vicinity.

3.2.4. Impact Assessment/Environmental Consequences:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? The 2018 Department of Conservation Important Farmland Map for Sutter County identifies the Project site as “Urban and Built-Up Land.” The project site is not considered to have Prime Farmland, Farmland of Statewide Importance or Unique Farmland.

The site is well within the boundaries of the Yuba City urban area and has multiple-family uses on one side, a light industrial use on one side and two sides, which currently have orchards on them. Those orchard properties have been designated for many years for urban uses. Because the property is small (4.9 acres) and it has urban uses or planned urban uses on all sides, it is unlikely that the property can be economically farmed. Further, the City and Sutter County General Plans identify this area for urban development, as compared to the vast majority of Sutter County for which agricultural land is protected from urban growth (this was identified in the EIR’s for both the Yuba City and Sutter County General Plans (the EIR for the City General Plan made overriding considerations for the significant impacts on agricultural lands). Therefore, this self-storage facility will not create a significant impact regarding the loss of agricultural land.
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? The property and neighboring properties are currently zoned for non-agricultural uses nor are any of those properties under a Williamson Act contract. This is also an urban infill project. Therefore, this project will not result in the conversion of other agriculturally zoned properties to non-agricultural uses. See discussion above under item 3.2.4.a.
c) Conflict with existing zoning for, or cause rezoning of, forestland (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4256), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
The proposed Project is located in the Sacramento Valley in a relatively flat area that likely was previously utilized for agriculture but designated years ago for urban use. There are no forests or timberland located on the Project site or within the vicinity of the project. There will be no impact on existing zoning of forestland and the proposed Project will not cause the rezoning of any forestlands.

23 d) Result in the loss of forestland or conversion of forest land to non-forest use? There is no forested land on the Project site or within the vicinity of the Project; therefore, there will be no impact on forest land.
e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to nonforest use? The proposed self-storage facility is on the perimeter of a light industrially designated area that is served by City services and partially developed with light industrial uses (two sides remain as orchards). A multiple-family use is on the fourth side. While two neighboring properties are currently used for agricultural purposes, they were previously zoned for non-agricultural uses, and are designated by the 2018 Department of Conservation Important Farmland Map for Sutter County for urban uses. Since those properties are already designated for non-agricultural uses, and all City services are available to them, the nearby agricultural uses that would not be further incentivized by this project to develop. There are also no forestlands on the project site or in the vicinity. No properties within the area are within the Williamson Act. Therefore, the impacts on agricultural lands from this proposal will be less than significant.

Air Quality
Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.

Table 3.3: Air Quality
Would the project?
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan? X
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard?
X
c) Expose sensitive receptors to substantial pollutant
concentrations? X
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
X

3.3.1. Environmental Setting/Affected Environment
Yuba City is located within the Sacramento Valley Air Basin (SVAB), which consists of the northern half of the Central Valley and approximates the drainage basin for the Sacramento River and its tributaries. The SVAB is bounded on the west by the Coast Range, on the north by the Cascade Range, on the east by the

24 Sierra Nevada, and on the south by the San Joaquin Valley Air Basin. The intervening terrain is flat, and approximately 70 feet above sea level. The SVAB consists of the counties of Butte, Colusa, Glenn, Sacramento, Shasta, Sutter, Tehama, Yolo, and Yuba and portions of Placer and Solano Counties.

Hot dry summers and mild rainy winters characterize the Mediterranean climate of the Sacramento Valley. The climate of the SVAB is dominated by the strength and position of the semi-permanent highpressure cell over the Pacific Ocean north of Hawaii. In summer, when the high-pressure cell is strongest and farthest north, temperatures are high and humidity is low, although the incursion of the sea breeze into the Central Valley helps moderate the summer heat. In winter, when the high-pressure cell is weakest and farthest south, conditions are characterized by occasional rainstorms interspersed with stagnant and sometimes foggy weather. Throughout the year, daily temperatures may range from summer highs often exceeding 100 degrees Fahrenheit and winter lows occasionally below freezing. Average annual rainfall is about 20 inches with snowfall being very rare. The prevailing winds are moderate in strength and vary from moist clean breezes from the south to dry land flows from the north.

In addition to prevailing wind patterns that control the rate of dispersion of local pollutant emissions, the region experiences two types of inversions that affect the vertical depth of the atmosphere through which pollutants can be mixed. In the warmer months in the SVAB (May through October), sinking air forms a "lid" over the region. These subsidence inversions contribute to summer photochemical smog problems by confining pollution to a shallow layer near the ground. These warmer months are characterized by stagnant morning air or light winds with the delta sea breeze arriving in the afternoon out of the southwest. Usually, the evening breeze transports the airborne pollutants to the north and out of the SVAB. During about half of the day from July to September, however, a phenomenon called the “Schultz Eddy” prevents this from occurring. Instead of allowing the prevailing wind patterns to move north carrying the pollutants out of the valley, the Schultz Eddy causes the wind pattern to circle back south.

This phenomenon exacerbates the pollution levels in the area and increases the likelihood of violating federal or State standards. The Schultz Eddy normally dissipates around noon when the Delta sea breeze begins. In the second type of inversion, the mountains surrounding the SVAB create a barrier to airflow, which can trap air pollutants in the valley. The highest frequency of air stagnation occurs in the autumn and early winter when large high-pressure cells lie over the valley. The air near the ground cools by radiative processes, while the air aloft remains warm. The lack of surface wind during these periods and the reduced vertical flow caused by less surface heating reduces the influx of outside air and allows air pollutants to become concentrated in a stable volume of air. These inversions typically occur during winter nights and can cause localized air pollution "hot spots" near emission sources because of poor dispersion.

The surface concentrations of pollutants are highest when these conditions are combined with smoke from agricultural burning or when temperature inversions trap cool air and pollutants near the ground.

Although these subsidence and radiative inversions are present throughout much of the year, they are much less dominant during spring and fall, and the air quality during these seasons is generally good.” Local Climate: The climate of Sutter County is subject to hot dry summers and mild rainy winters, which characterize the Mediterranean climate of the SVAB. Summer temperatures average approximately 90 degrees Fahrenheit during the day and 50 degrees Fahrenheit at night. Winter daytime temperatures average in the low 50s and nighttime temperatures are mainly in the upper 30s. During summer, prevailing winds are from the south. This is primarily because of the north- south orientation of the valley and the location of the Carquinez Straits, a sea-level gap in the coast range that is southwest of Sutter County.

Criteria Air Pollutants: Criteria air pollutants are a group of pollutants for which federal or State regulatory agencies have adopted ambient air quality standards. Criteria air pollutants are classified in each air basin, county, or in some cases, within a specific urbanized area. The classification is determined by comparing actual monitoring data with State and federal standards. If a pollutant concentration is lower than the

25 standard, the area is classified as “attainment” for that pollutant. If an area exceeds the standard, the area is classified as “non-attainment” for that pollutant. If there is not enough data available to determine whether the standard is exceeded in an area, the area is designated “unclassified.” Ambient Air Quality Standards: Both the federal and State government have established ambient air quality standards for outdoor concentrations of various pollutants in order to protect public health. The federal and State ambient air quality standards have been set at levels whose concentrations could be generally harmful to human health and welfare and to protect the most sensitive persons from experiencing health impacts with a margin of safety. Applicable ambient air quality standards are identified later in this section. The air pollutants for which federal and State standards have been promulgated and which are most relevant to air quality planning and regulation in the air basins include ozone, carbon monoxide, nitrogen oxides, suspended particulate matter, sulfur dioxide, and lead. In addition, toxic air contaminants are of concern in Sutter County. Each of these pollutants is briefly described below.

Ozone (O3): is a gas that is formed when reactive organic gases (ROGs) and nitrogen oxides (NOX), both byproducts of internal combustion engine exhaust and other processes undergo slow photochemical reactions in the presence of sunlight. Ozone concentrations are generally highest during the summer months when direct sunlight, light wind, and warm temperature conditions are favorable to the formation of this pollutant.

Carbon Monoxide (CO): is a colorless, odorless gas produced by the incomplete combustion of fuels. CO concentrations tend to be the highest during the winter morning, with little to no wind, when surfacebased inversions trap the pollutant at ground levels. Because CO is emitted directly from internal combustion engines, unlike ozone, motor vehicles operating at slow speeds are the primary source of CO in the SVAB. The highest ambient CO concentrations are generally found near congested transportation corridors and intersections.

Nitrogen Oxides (NOX): is the generic term for a group of highly reactive gases, all of which contain nitrogen and oxygen in varying amounts. Many of the nitrogen oxides are colorless and odorless.

However, one common pollutant, nitrogen dioxide (NO2) along with particles in the air can often be seen as a reddish-brown layer over many urban areas. Nitrogen oxides form when fuel is burned at high temperatures, as in a combustion process. The primary manmade sources of NOX are motor vehicles, electric utilities, and other industrial, commercial, and residential sources that burn fuels.

Nitrogen oxides can also be formed naturally.

Respirable Particulate Matter (PM10) and Fine Particulate Matter (PM2.5): consist of extremely small, suspended particles or droplets 10 microns and 2.5 microns or smaller in diameter. Some sources of suspended particulate matter, like pollen and windstorms, occur naturally. However, in populated areas, most fine suspended particulate matter is caused by road dust, diesel soot, and combustion products, abrasion of tires and brakes, and construction activities.

Sulfur Dioxide (SO2): is a colorless, extremely irritating gas or liquid. It enters the atmosphere as a pollutant mainly as a result of the burning of high sulfur-content fuel oils and coal, and from chemical processes occurring at chemical plants and refineries.

Lead: occurs in the atmosphere as particulate matter. The combustion of leaded gasoline is the primary source of airborne lead. Since the use of leaded gasoline is no longer permitted for on-road motor vehicles, lead is not a pollutant of concern in the SVAB.

Toxic Air Contaminants (TACs): are known to be highly hazardous to health, even in small quantities. TACs are airborne substances capable of causing short-term (acute) and/or long-term (chronic or carcinogenic)

26 adverse human health effects (i.e., injury or illness). TACs can be emitted from a variety of common sources, including gasoline stations, automobiles, dry cleaners, industrial operations, and painting operations.

TAC impacts are assessed using a maximum individual cancer risk (MICR) that estimates the probability of a potential maximally exposed individual (MEI) contracting cancer as a result of sustained exposure to toxic air contaminants over a constant period of 24 hours per day for 70 years for residential receptor locations. The CARB and local air districts have determined that any stationary source posing an incremental cancer risk to the general population (above background risk levels) equal to or greater than 10 people out of 1 million to be excessive. For stationary sources, if the incremental risk of exposure to project-related TAC emissions meets or exceeds the threshold of 10 excess cancer cases per 1 million people, the CARB and local air district require the installation of best available control technology (BACT) or maximum available control technology (MACT) to reduce the risk threshold. To assess risk from ambient air concentrations, the CARB has conducted studies to determine the total cancer inhalation risk to individuals due to outdoor toxic pollutant levels. The CARB has conducted studies to determine the total cancer inhalation risk to individuals due to outdoor toxic pollutant levels. According to the map prepared by the CARB showing the estimated inhalation cancer risk for TACs in the State of California, Sutter County has an existing estimated risk that is between 50 and 500 cancer cases per 1 million people. A significant portion of Sutter County is within the 100 to 250 cancer cases per 1 million people range. There is a higher risk around Yuba City where the cancer risk is as high as 500 cases per 1 million people. There are only very small portions of the County where the cancer risk is between 50 and 100 cases. This represents the lifetime risk that between 50 and 500 people in 1 million may contract cancer from inhalation of toxic compounds at current ambient concentrations under an MEI scenario.

3.3.2. Federal Regulatory Setting
Clean Air Act: The federal Clean Air Act of 1970 (as amended in 1990) required the U.S. Environmental Protection Agency (EPA) to develop standards for pollutants considered harmful to public health or the environment. Two types of National Ambient Air Quality Standards (NAAQS) were established. Primary standards protect public health, while secondary standards protect public welfare, by including protection against decreased visibility, and damage to animals, crops, landscaping and vegetation, or buildings.

NAAQS have been established for six “criteria” pollutants: carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), ozone (O3), particulate matter (PM10 and PM2.5), and lead (Pb).

3.3.3. State Regulatory Setting
California Air Resources Board: The California Air Resources Board (CARB) is the state agency responsible for implementing the federal and state Clean Air Acts. CARB has established California Ambient Air Quality Standards (CAAQS), which include all criteria pollutants established by the NAAQS, but with additional regulations for Visibility Reducing Particles, sulfates, hydrogen sulfide (H2S), and vinyl chloride. The proposed Project is located within the Sacramento Valley Air Basin, which includes Butte, Colusa, Glenn, Tehama, Shasta, Yolo, Sacramento, Yuba Sutter and portions of Placer, El Dorado and Solano counties. Air basins are classified as attainment, nonattainment, or unclassified. The FRAQMD is comprised Sutter and Yuba Counties. Attainment is achieved when monitored ambient air quality data is in compliance with the standards for a specified pollutant. Non-compliance with an established standard will result in a nonattainment designation and an unclassified designation indicates insufficient data is available to determine compliance for that pollutant.

27 California Clean Air Act: The CCAA requires that all air districts in the state endeavor to achieve and maintain CAAQS for Ozone, CO, SO2, and NO2 by the earliest practical date. The CCAA specifies that districts focus particular attention on reducing the emissions from transportation and area-wide emission sources, and the act provides districts with authority to regulate indirect sources. Each district plan is required to either (1) achieve a five percent annual reduction, averaged over consecutive 3-year periods, in district-wide emissions of each non-attainment pollutant or its precursors, or (2) to provide for implementation of all feasible measures to reduce emissions. Any planning effort for air quality attainment would thus need to consider both state and federal planning requirements.

CARB Portable Equipment Registration Program: This program was designed to allow owners and operators of portable engines and other common construction or farming equipment to register their equipment under a statewide program so they may operate it statewide without the need to obtain a permit from the local air district.

U.S. EPA/CARB Off-Road Mobile Sources Emission Reduction Program: The California Clean Air Act (CCAA) requires CARB to achieve a maximum degree of emissions reductions from off-road mobile sources to attain State Ambient Air Quality Standards (SAAQS); off- road mobile sources include most construction equipment. Tier 1 standards for large compression-ignition engines used in off-road mobile sources went into effect in California in 1996. These standards, along with ongoing rulemaking, address emissions of nitrogen oxides (NOX) and toxic particulate matter from diesel engines. CARB is currently developing a control measure to reduce diesel PM and NOX emissions from existing off-road diesel equipment throughout the state.

California Global Warming Solutions Act: Established in 2006, Assembly Bill 32 (AB 32) requires that California’s GHG emissions be reduced to 1990 levels by the year 2020. This will be implemented through a statewide cap on GHG emissions, which will be phased in beginning in 2012. AB 32 requires CARB to develop regulations and a mandatory reporting system to monitor global warming emissions level.

3.3.4. Regional Regulatory Setting
Feather River Air Quality Management District (FRAQMD): The FRAQMD is a bi-county district formed in 1991 to administer local, state, and federal air quality management programs for Yuba and Sutter Counties within the Sacramento Valley Air Basin. The goal of the FRAQMD is to improve air quality in the region through monitoring, evaluation, education and implementing control measures to reduce emissions from stationary sources, permitting and inspection of pollution sources, enforcement of air quality regulations and by supporting and implementing measures to reduce emissions from motor vehicles.

The FRAQMD adopted its Indirect Source Review guidelines document for assessment and mitigation of air quality impacts under CEQA in 1998. The guide contains criteria and thresholds for determining whether a project may have a significant adverse impact on air quality, and methods available to mitigate impacts on air quality. FRAQMD updated its Indirect Source Review Guidelines to reflect the most recent methods recommended to evaluate air quality impacts and mitigation measures for land use development projects in June 2010. This analysis uses guidance and thresholds of significance from the 2010 FRAQMD Indirect Source Review Guidelines to evaluate the proposed project’s air quality impacts.

According to FRAQMD’s 2010 Indirect Source Review Guidelines, a project would be considered to have a significant impact on air quality if it would:
▪ Generate daily construction or operational emissions that would exceed 25 pounds per day for reactive organic gases (ROG), 25 pounds per day for oxides of nitrogen (NOX), or 80 pounds per