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 help. 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.
AGENDA
JANUARY 26, 2023
SPECIAL MEETING
CITY COUNCIL
CITY OF YUBA CITY
8:00 A.M. SPECIAL MEETING
HARVEST ROOM
1465 THARP ROAD
YUBA CITY CA 95993
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
1465 Tharp Road
Yuba City CA 95993
Wheelchair Accessible
AGENDA
SPECIAL MEETING
CITY COUNCIL - CITY OF YUBA CITY
JANUARY 26, 2023
8:00 A.M. SPECIAL MEETING
HARVEST ROOM
1465 THARP ROAD
YUBA CITY CA 95993
PLEASE TAKE NOTICE, that pursuant to California Government Code Section 54956, Mayor Wade Kirchner has called a Special Meeting of the City Council as set forth in this Agenda.
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 Harvest Room will be open for public attendance and participation. 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.
Special Meeting
Call to Order
Roll Call
__ Mayor Kirchner
__ Vice Mayor Harris
__ Councilmember Boomgaarden
__ Councilmember Pasquale
__ Councilmember Shaw
Pledge of Allegiance to the Flag
General Items
1. Council Goals and Priorities
2. Department Accomplishments 2022
3. Discussion Topics
o Speeding/Sideshows
o Fireworks
o Boat/RV Storage
o Mobile Vendors
o City Tree Maintenance/Sidewalk Issues
o Campaign Signs
o Campaign Paperwork
o Community Workshops
Public Communication
4. Appearance of Interested Citizens
Adjournment
Agenda Item 1
CITY OF YUBA CITY
STAFF REPORT
Date: January 26, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By:
Summary
Subject: Council Goals and Priorities
Recommendation:
Fiscal Impact:
Attachments:
None
Prepared By: Submitted By:
Agenda Item 2
CITY OF YUBA CITY
STAFF REPORT
Date: January 26, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By:
Summary
Subject: Department Accomplishments 2022
Recommendation:
Fiscal Impact:
Attachments:
None
Prepared By: Submitted By:
Agenda Item 3
CITY OF YUBA CITY
STAFF REPORT
Date: January 26, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By:
Summary
Subject: Discussion Topics
o Speeding/Sideshows
o Fireworks
o Boat/RV Storage
o Mobile Vendors
o City Tree Maintenance/Sidewalk Issues
o Campaign Signs
o Campaign Paperwork
o Community Workshops
Recommendation:
Fiscal Impact:
Attachments:
1. 1 - Strategic Planning & Goal Setting 01.26.23
Prepared By: Submitted By:
Department Heads:
Brad McIntire
Ben Moody
Spencer Morrison
Natalie Springer
Chief Jesse Alexander
Chief Brian Baker
Diana Langley
City Manager
1 Strategic Planning & Goal Setting Workshop
January 26, 2023
• Welcome & Introductions
• Purpose of Workshop
• Executive Team “Thank You”
• Review Council’s Priorities
• Department Presentations
• Discussion Topics
• Council’s 2023 Priorities
• Wrap-Up
Agenda
2 • Discussion Topics
– Speeding/Sideshows
– Fireworks
– Boat/RV Storage
– Mobile Vendors
– City Tree Maintenance/Sidewalk Issues
– Campaign Signs
– Campaign Paperwork
– Community Workshops
Agenda
3 Council’s Current Priorities
Council Priorities
4 Department Presentations
• Police
• Human Resources
• Fire
• Community Services
• Finance/IT
• Development Services
• Public Works
• City Clerk
• Administration
Department Presentations
5 2022 Accomplishments Chief Brian Baker
Personnel
• Recruitment team, with dedicated website
• Cadet program is up and running again
(pipeline for recruitment)
• Formal Department Awards Ceremony
• Records Supervisor, Police Services
Analyst and an additional HLO
6 Personnel
Personnel
• 55 Employee
Backgrounds
• 3 Promotions
• 15 new hires
– Dispatch
– Officer
– CSO
Recruitment Website and Video
Employee Wellness
• Wellness Committee
• Planning Family Information Meetings
• Employee Wellness Survey
• Local Therapist assisting
7 Community Engagement
Community Engagement
• Social Media Presence
• 20 Locations National Night Out
• 4 Neighborhood Watch Meetings
• Cones with a Cop, Coffee with a Cop
• Trick or Treat PD tour (562 kids)
• Citizen Academy- 20 graduates
8 General Topics
• What keeps me up at night?
• Needs from Council
• Organizational Goals
Any Questions?
9 Presentation By:
Natalie Springer, Human Resources Director
2022 Human Resources Accomplishments
Trainings
– DiSC Training
– The Power of Story Telling
– Thinking Outside the Building
– Coaching for Excellence for Public Works
– Workers’ compensation and family leave trainings for Fire Captains and Police Sergeants
– Safety Trainings
• (i.e. Stop the Bleed, Active Shooter, Wildfire Smoke)
10 Implemented New Policies
– Hybrid Remote Work
– Pre-Employment Physical
Exemption
– Wildfire Smoke
– Attended job fairs with Sutter County One Stop and Chico State
– Held internal assessment centers
• Fire Captain and Police Sergeant
– Facilitated Police Recruit Agility and Written Testing – Partnered with Work Health Solutions to streamline preemployment as well as workers’ compensation response – Coordinated New Hire Orientation Tours, occurring twice a year
Recruiting: 44 fulltime employees
11 Employee Engagement
– Employee Awards Dinner
– Veteran’s Day Breakfast
12 Benefits
– Administered COVID-19 leave
• SPSL, YCEPL, Department Head Donation Pool
– Coordinated Open Enrollment for Active Employees and
Retirees
– Enhanced dental/vision benefits
– Hosted Benefits Fair for 2023
– Kicked off RFPs
• Citywide Classification and
Compensation Study
• Deferred Compensation and RHS
2022 Benefits Fair
13 Concerns…
2023 Human Resources Team
Thank you for your support!
14 Presentation By:
Jesse Alexander, Fire Chief
Fire Department
January 26, 2023
Promotional and Hiring
• Conducted a Firefighter recruitment
• Conducted (2) Firefighter recruit academies
• Conducted (2) Fire Inspector recruitments
• Conducted a Fire Captain recruitment
15 Training
Instructed a State Fire Marshal Company Officer 2D course (40-hr) Instructed an Engine Boss G-231 course (40-hr)
Instructed a Fire Ground Decision Making course
Instructed a Stop the Bleed course
Instructed EOC training for Command and
General Staff
Training
Hosted a Man vs. Machine course
(10+ Fire Agencies attended)
Hosted a PEER Support training
(13 Fire Agencies all over the U.S.)
Hosted a Driver Operator 1A course
Hosted a Driver Operator 1B course
Established a Truck Operations task book
Average training hours: 293 hrs Total training hours:14,980 hrs (3,135 Inc) 98% of the Department exceeded ISO training requirement standards
16 Department Development
Implemented ESO – New Records Management Software (6 months) Implemented Vector Scheduling – New Staffing Scheduling Software (3 months)
Implemented LEXIPOL by developing new
policies and procedures for YCFD (1+-year)
Drafted and implemented Standard Operating
Guidelines for structure fires
Completed a 2021 Annual Report
Purchased and implemented new hand-held radios
Department Development
Successful Assistance to Firefighter Grant (AFG) for wildland gear ($47,168) Successful Assistance to Firefighter Grant (AFG) for fire nozzles ($35,360) Successful Homeland Security Grant for ASHER equipment ($32,146) Successful Community Development Block Grant
Turnouts ($141,238)
Cancer prevention sheds ($69,238)
Implemented a Cancer Prevention Task Force
Drafted and implemented a City Duty Chief program
Completed Phase I (research phase) of a Firefighter Wellness study
17 City Development
Developed an Emergency Operations Plan (8 months)
Successful Staffing for Adequate Fire and Emergency Response Grant (SAFER) ($1.2 Million)
Completed a Fire Station 1 kitchen remodel
Nearing completion of Fire Station 2 kitchen remodel
Hosted an Emergency Preparedness Open House
Implemented and assisted with the marketing of Zonehaven Successful CodeRed test for Yuba City Community
Successful CodeRed test of EOC activation
City Development
Implemented a funding account for long-term equipment needs Developed and implemented a comprehensive Incident Action Plan (IAP), Operational Briefing, and Tabletop exercise for the Sikh Parade Updated Fee Schedule for Fire, Life & Safety Inspections costs Developed a Unified Response to Violent Incidents Policy for Active Shooter incidents
EOC Facility guided drill
Holiday Truck Parade (TEAM effort)
18 • What keeps you up at night?
• What causes you great concern?
• What are your critical needs?
• Council needs?
• Long-term future?
• How is morale?
19 Presentation By:
Brad McIntire, Community Services Director
2022
Community Services
Accomplishments
What keeps me up at night?
20
21 • Animal Cruelty Seizure
– Approx. 140 animals
– Alpacas, ostrich, geese, peacocks, roosters, parrots, pigs, camel, goats, sheep, dogs, horses, long horn bull, cats, and a brahmas.
• Implemented the Feathers to Farms Program
– Homed 430 chickens within 9 months.
Animal Services: Safety & Quality of Life
• Planned and planted 514 trees in the City
• Adopted the Urban Forest Master Plan
• Enhanced Sam Brannan Park
– New lights around Skate Park and Pickleball Courts
– New coded gate
– Provided security on week nights
Parks: Infrastructure
22 • Provided recreation programs to 60,045 participants • Successfully created & implemented First Annual 5K
Wilderness Fun Run located in the Feather River Parkway • Provided swim lessons to 386 participants
• Onboarded 51 part-time employees
Recreation: Quality of Life
• Facilitated successful Waffle Wednesdays @ Senior
Center
• Enhanced our Bingo participants @ the Senior Center by 20%
• Created and implemented a Senior Resource Fair
• Established a partnership with Yuba/Sutter Special
Olympics
• Executed a Multi-Use agreement with YCUSD
Recreation: Quality of Life Cont.
23 • Colin’s Corner
• Senior Center Facility Improvements
• Didar S. Bains Park
• Dog Park
• Bocce Ball Courts
• Zero Depth Water Feature at Gauche Aquatic Park
• Sam Brannan Facility Improvements
• New Paved Parking Lot @ Feather River Parkway
Funded the Following Projects: Infrastructure
• Facilitated 385 Volunteer Hours:
- Hard Rock Casino at GAP
- Water-Wise Garden
- SAYlove at Sam Brannan Park
- Girl Scout Troop at Lloyd Park
- Hope Point Church beautified Sam Brannan Park
- Morning Kiwanis planted trees on Pease Rd.
Created and Implemented
Community Volunteer Opportunities
24 Questions?
• Applied for and allocated $552,829.47
in State relief funds for delinquent
water and sewer charges.
• Successfully implemented SB998 rules
and regulations, as well as adherence
to continued State water shut off
protections.
• Implemented Payment Plan program
to assist customer with delinquent
balances.
• Integrated Sutter County and CHP
parking citations into our online portal,
DataTicket.
Pink October – We’re All In
25 • Collected $58,179.31 through State
intercept program.
• Replaced security cameras at the
Corporation Yard and Gauche
Aquatic Park.
• Replaced mobile video in Police
cars with Axon Fleet Video.
• Brought the Finance Division to
fully staffed with succession plan in
place.
• Enhanced the security of the City’s
technology.
• Implemented GovInvest payroll
budgeting software.
Lynn’s Last Day – Succession Plan In Motion
• Implemented ClearGov budgeting
software.
• Implemented Debtbook GASB 87
and debt management software.
• Initiated Council Chambers Zoom
meeting remodel
• Secured funding for ERP
replacement
• Completed furniture remodel
• Re‐evaluated IT positions/needs Western Wednesday – Stampede Week
26 What keeps me up...
Greatest needs…
Need from Council…
Even Disney had nightmares.
Your Finance
Team…
…Honoring
Community
27 Disney Villains Bringing Us Together
Ben Moody, Public Works & Development Services Director Public WorksDevelopment Services
2022 Accomplishments
28 Engineering Maintenance Utilities Development Services Public Works – Engineering Branch
• Engineering
– Capital Improvement Program
– Development
• Construction Management
– Inspection
– Project Management
• Facilities Maintenance
29 Public Works – Maintenance Branch
• Fleet Maintenance
• Street Maintenance
• Electrical &
Instrumentation
• Water Distribution
• Wastewater Collections
Public Works – Utilities Branch
• Water Treatment Plant
• Wastewater Treatment Facility
• Environmental Compliance
• Laboratory
30 Development Services
• Building
– Code Enforcement
– Building Inspection
– Permitting
• Planning
• Development Liaison
• Housing
• What causes you great concern and what are your
critical needs?
– Rising costs and inflation
– Limited rates and funding
– Project delivery and delays
– Significant backlog of deferred maintenance projects
– Meeting regulatory requirement changes
– Finding a realistic balance between funding and
needs
Public Works-Development Services:
Today and the Future
31 • What do you need from Council?
– Understand scope of need for public
infrastructure and services
– Continue to recognize the quality of our staff who
are doing their best to manage with limited
resources
– Provide ongoing communication & collaboration
to develop priorities
Public Works-Development Services:
Today and the Future
• How are we looking at the future in a more long-term
way (next 20 years)?
– Incrementally implementing operational and organizational changes
• Updating organizational structure and staffing
• Focusing on employee development in an evolving workplace – Supporting our community in a sustainable way
• Pursuing funding mechanisms to support operations,
maintenance, and capital improvement
• Maintaining a progressive Capital Improvement Program that corresponds to City needs
Public Works-Development Services:
Today and the Future
32 • How are things going within your
Departments? How is the morale?
– Reduced vacancies with quality incumbents
– Improved staff and bargaining unit relations
– Focused on operational and structural
improvements
Public Works-Development Services:
Today and the Future
Questions?
33 Presentation by:
Ciara Wakefield, City Clerk Administrator
City Clerk
2022 Accomplishments
2022 Accomplishments
1.Public Records Requests
• 209 Completed Requests
• Average Time to Close = 7.55 Days
2.2022 General Election
• Transition to District-based Election
• 7 City Council Candidates / Measure Z
• Candidate Materials & Public Notice Requirements
3. CivicClerk Implementation
4. Records Retention Schedule
34 Presentation by:
Diana Langley, City Manager
City Administration
2022 Accomplishments
• Mayor’s Bus Tour
• Surplus Properties Process
• Community Engagement
35 Council Questions
• What keeps you up at night?
• What causes you great concern?
• What are your critical needs?
• Council needs?
• Long-term future?
• How is morale?
Discussion Topics
36 • Speeding/Sideshows
• Fireworks
• Boat/RV Storage
• Mobile Vendors
• City Tree Maintenance/Sidewalk Issues
• Campaign Signs
• Campaign Paperwork
• Community Workshops
Discussion Topics
Speeding/Sideshows – Commander Runyen
37 Street Racing/Side Shows
• Efforts from 2021 to 2022 showed a decrease in planned events over the summer
• Joint efforts with local agencies helped curb problem • Current grant has 4 operations planned, 10 operations being asked for on next OTS grant
• Sent 4 officers to Dragnet course and hosted Dragnet Course with 6 more attending
• Street racing type violations: cited 544 in 2021 and 802 in 2022 Street Racing/Side Shows
• Street Racing Ordinance proposal in Spring 2023
• Street Racing Ordinance would:
– Allow easier seizures of vehicles when driven by R/O, can be done without court order
– No release if a stipulated agreement on file
– City can offer forfeited vehicle for sale within 60 days of receiving title – Can issue citations to spectators that are within 500 feet of the event location
38 Fireworks 2023 Modification – Fire Marshal Jesse Frias Modification to Safe and Sane
Fireworks
• Modify the timeframe safe and sane fireworks are
available to purchase/sale.
• Modify timeframe safe and sane fireworks are allowed to be discharged within the fire protection district.
• Utilize the existing municipal code fine structure for violation of discharge of fireworks outside the
recommended timeframe.
39 Fireworks – Exception (Current)
• It shall not be unlawful to sell within the City
those fireworks as are defined and classified
as “safe and sane fireworks” in the State
Fireworks Law (Sections 12500, et seq. of the Health and Safety Code) during that time period beginning
12:00 noon on June 28 and ending at 12:00
noon on July 6 of that same year.
Fireworks (Recommendation)
• Recommendation to shorten the window of time to
sell/purchase “safe and sane fireworks”. Begin sale at noon on June 28 and end at 11 pm on July 4 of that same year. June 28 - Begin-12 pm End-11 pm
June 29 - July 4 - Begin-8 am End-11 pm
• Recommendation to shorten the window of time to discharge “safe and sane fireworks” from noon until 11 pm each day from June 28 to July 4 of that same year.
YCFD is responsible for regulations.
YCPD is responsible for enforcement.
40 Fiscal Impact
• There is no financial impact for the 501(c)(3) groups selling fireworks within our community, as they stop selling on July 4th.
• There is no financial impact for the fireworks vendors, TNT and Phantom. Contact has been made with vendors
representatives and confirmed zero impact to fiscal status. • Total number of booths
– City limits-35
– CSAG-5
Comparable Cities
City Name Time Frame
Chico PROHIBITED
Woodland Begin 6/28 @ 12 pm,
End 7/6 @ 12 pm
Merced
Start 6/28 @12 pm stop 7/6 @12 pm
Fireworks stands may be operated only from the
hours of 6 am until 10:30 pm on and between
Sundays and Thursdays with the exception of the
July 3rd and July 4th, and may be operated from 6
am until 12 midnight on Fridays, Saturdays, and
on July 3rd and July 4th
Violation: Revoke permit, guilty of misdemeanor
41 Comparable Cities
City Name Time Frame
Marysville Begin 6/28 @ 12 pm
End 7/6 @ 12 pm
Folsom Begin 6/28 @ 12 pm
End 7/6 @ 9 pm
Tracy
6/28 from 12 pm to 8 pm
6/29-7/3 from 8 am to 8 pm
7/4 from 8 am to 9 pm
Comparable Cities
City Name Time Frame
Rocklin
Start on 6/28 at 12 pm
Stop on 7/4 at 12 midnight
Penalties- Removed from list
Lodi
6/28 12 pm to 9 pm
6/29 to 7/4 only the hours of 9 am to 9 pm
Allowed only to discharge on 7/4
9 am to 11 pm
Davis PROHIBITED
42 Fine Structure
• Yuba City Municipal Code Section 4-8.504 Administrative Penalties-Section b
(1) First administrative citation: $100
(2) Second administrative citation: $200.00
(3) Third administrative citation: $500.00
(4) Subsequent administrative citation: $500.00
Questions
43 Boat/RV Storage
Existing Municipal Code Requirements
• Requirements apply to private property. Within the rightof-way, the Streets and Highways code applies. • A recreational vehicle (boat or trailer) may only be
parked on the portions of a lot behind the front wall of the residence or, in the case of a corner lot, behind the wall of the residence facing each street or right-of-way. The recreational vehicle shall be screened to a height of six feet from view from any public right-of-way. A
recreational vehicle used as daily transportation may be parked overnight on recognized parking areas.
Boats, RV, Utility Trailer Parking
44 Boats + RVs – Out of Compliance
• Out of Compliance
Boats + RVs
45 • Out of Compliance
Trailers
• Out of Compliance
Trailers
46 • In Compliance
Boats, RVs, Trailers
1. Complaint driven
2. Follow the Nuisance Ordinance
3. Work with residents to give them time as needed
Complaints typically do not result in enforcement action of an entire neighborhood.
Current Policy – Boats, RVs, Trailers
47 Proposed definitions:
• Recreational Vehicle (RV). A motor home, converted bus, travel trailer, truck camper, camping trailer, or utility trailer designed for temporary human habitation for recreation or emergency occupancy, which, when transported upon a public roadway, measures 8 feet or less in width and 40 feet or less in length and which is either self-propelled, truckmounted or permanently towable on the highway without a permit. • Utility Trailer. An open or enclosed trailer used solely for the transportation of the user’s personal property, not in commerce, or designed to be used for transportation of livestock, and does not exceed a gross weight of 10,000 pounds or a manufacturer’s gross vehicle weight rating (GVWR) of 10,000 pounds.
Potential Revisions
• Parking areas: Surfaced with concrete, asphalt concrete, or have an all weather surface (gravel) and doesn’t result in stormwater runoff onto neighboring properties.
• New driveway connections onto the public right-of-way shall first receive approval of a encroachment permit prior to construction. • Parking shall not occur in front of an existing home’s living area but shall occur in front of an existing garage or front side yard area. • Parking shall be approximately perpendicular to the existing street and shall not be angled.
Potential Revisions Continued…….
48 • Trailered boats/RVs and utility trailers:
1. Setback a minimum of twelve (12) inches from the back of sidewalk or edge of right-of-way and shall not be artificially raised or angled upright in order to meet this requirement.
2. Limited to twelve (12) feet in height.
3. Utility connections (electricity, water, wastewater) shall be temporary for servicing only (up to 7-days).
4. Covers shall be fitted and in good order and untorn, i.e. no tarps.
Potential Revisions Continued……
• Trailered boats, RVs and utility trailers:
5. Kept free of excessive accumulation of leaves, cobwebs or miscellaneous debris.
6. Does not create a site distance hazard.
7. Maintained so a public nuisance as defined by the Municipal Code does not occur.
• If these requirements cannot be met, the RV/boat/trailer must park behind a front yard fence as required today or stored offsite.
Questions?
Potential Revisions Continued……
49 Mobile Vendors
Mobile Vendor Definition
“….a person conducting commercial activity
from either a motorized or nonmotorized
vehicle offering goods for sale on a
temporary, intermittent or seasonal basis in
which customers approach the vehicle to
make a purchase. This term includes mobile
caterers, lunch wagons, eating cars, ice
cream trucks, pushcarts, bicycle carts,
motorized food wagon or conveyance”
This includes food trucks and pushcart
vendors.
Current Mobile Vendor Ordinance
50 Key Requirements:
• Be 100 feet from a street
intersection.
• Operators must be 200 feet apart.
• Must move 600 feet every 30
minutes and not return to the
previous location.
• Operations prohibited from 8pm –
8am.
• Other permitting and licensing
requirements apply.
Current Mobile Vendor Ordinance
These requirements are difficult to adhere and after hour enforcement is limited.
• Obtain Zoning Clearance + Business License (includes
Environmental Health Permit, Insurance, Commissary, etc.) Cost ($60)
• Try to ensure safe distance and location (100-foot enforcement is variable based on the location)
• Based on complaints, staff works to limit time at each location to twice a week (not enforcing 30-minute restriction or time of day) Current General Policy – Mobile Vendor
51 Open Air Vendors
“……a person conducting commercial activity from either a motorized or nonmotorized vehicle at a fixed location on private property, offering goods for sale on a temporary, intermittent or seasonal basis in which customers approach the vending operation to make a purchase. Open air vendor operations are not mobile enough to comply with the time requirements identified for mobile vendors and are therefore constrained to setting up operations at an approved fixed location.
This is typically onsite vendors that are not moving (i.e. flowers, strawberries, phone vendors, etc.)
Current Open Air Vendor Ordinance
Open Air Vendor Examples
52 Key Requirements:
• Operate on private property only.
• Generally limited to:
- Industrial building/complex more than 65,000 sq. Ft.
- Office building/complex greater than 50,000 sq. ft.
- Retail building/complex greater than 100,000 sq. ft.
• If proposed within 400 feet of a business selling similar goods/products, the vendor must receive written approval from the potentially affected business.
• Requires use permit approval.
The City hasn't processed a permit due to: Cost ($1100), time (3-5 months), specific requirements, paperwork, etc.
Existing Open Air Vendor Ordinance
1. Limited compliance. Typically, vendors operating illegally are told to leave; however, certain vendors are coordinated and it can become a game of hide and seek.
2. Frequent language barrier and lack of identification.
3. Complaints typically result in vendors being told the operation isn’t allowed at a specific location and to work through the permitting process.
Requirements are difficult to adhere and after hours enforcement is limited.
Current General Policy – Open Air Vendors
53 1. Update the YCMC to separate the provisions relating to food trucks and sidewalk vendors.
2. “[A] local authority may, by ordinance or resolution, adopt additional requirements for the public safety regulating the type of vending and the time, place, and manner of vending from vehicles upon any street.” CVC 22455(b).
1. Public safety is not the same as the public’s health, safety, and welfare; trial court interpretation: relating to traffic safety or reduction of crime. Health safety aspect:
addressed by the state law.
2. E.g., distance from intersections,
Recommendations (CAO)
Adopt a sidewalk vending program consistent with Section 51308 and 51309 of the Government Code.
1. Cannot prohibit vendors from selling in the public right of way, or limit them to vending in designated areas, or limit the number of vendors, unless the restriction is directly related to objective health, safety, and welfare concerns;
2. Vending must be allowed in public parks, subject to some limitations;
3. Stationary vendors can be prohibited from residential neighborhoods, but not roaming vendors.
4. Can impose reasonable time, place, manner restrictions, such as hours of operation (but in nonresidential areas, this limitation cannot be more restrictive than other businesses or uses on the same street), sanitary requirements, ADA compliance, require a CA seller’s permit, require applicable licensing and compliance with state and federal law, and requiring the vendor to submit certain information regarding the business.
5. Can prohibit vendors from operating near flea markets and farmers markets while they are operational, and can limit vendors from operating near a use with a temporary special use permit.
6. “[P]erceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.”
7. Adopt penalties consistent with Section 51309.
Recommendations (CAO)
54 1. Find balance between storefront vs. mobile vendors o What are City Council’s key points and/or concerns
2. After hour enforcement?
o Sustainability, level of enforcement desired, etc.
Questions?
Recommendations
City Tree Maintenance & Sidewalk Issues
55 453 Miles of Sidewalk
11,378 Street Trees
City Sidewalks & Trees
56 • Sidewalks
– Rising costs and increasing repairs due to:
• Design standards
– Parkway strips required per General Plan ~20 years ago – Emphasis on increased density without modifying
• Tree root growth
– Droughts
– Private irrigation variability
– Age of trees
– Maintenance staff unable to keep up with volume
• Trees
– Increasing maintenance due to tree growth:
• Age and type of trees
• Visibility
• Pedestrian access
• Inadequate size of planting area
• Residents
– Public perception of responsibility
– Disadvantaged community with economic constraints
• Fiscal Impact
– Costs continue to rise for materials, services, and supplies – Still experiencing purchase delays and disruptions
Where We Are Today
Liability
Concerns
• Americans with Disabilities Act
• Claims against the City
Streets &
Highways
Code
• Division 7, Part 3, Chapter 22
• Establishes property owner responsibility
• However, not enforceable in court alone
Municipal
Code
Ordinance
• Title 6 Chapter 11: Sidewalk
Maintenance and Repairs
• Confirms property owner liability
• City notification process
Sidewalk Regulations
57 Sidewalk Maintenance Program
City: Inspect & Make Safe
City: Document Case &
Prepare Notices
Notice #1
Notice #2
Possible Option #1
Property Owner:
Repairs Made
01 02
03 City: Repairs and
Invoices/Liens
Possible Option #3
City: Repairs as City Work or as
“Good Neighbor” Partnership
10‐year Inspection Grid
Hazard Identified
Possible Option #2
Property Owner:
Repairs Not Made
Liability
Concerns
• Sec. 9‐3.12
• Homeowner’s
• duty to keep sidewalks safe
Unclear
Responsibility
• Historically, homeowners have
been told it is a city‐owned tree
• No definition of a Street Tree
Street Tree
Municipal
Code
• Our goal is to get the
Street Tree and the new
Sidewalk ordinances to
align within this year
Tree Regulations
58 • Public Works and Parks collaboration on
sidewalk issues
• Urban Forest Conservation
Tree Maintenance Program
Municipal Code Chapter 3. Street Trees
Homeowners can request a street tree removal under
Section 9-3.10:Public Nuisances
Examples of Public Nuisances shown on the following slides Any tree or plant material which is a type or species apt to destroy, impair, or otherwise interfere with any street improvements, sidewalks…
59 Any tree that is infested, infected, or in
danger of becoming infested or infected
with objectionable insects…
• Box Elder Beetles on
Trident Maples 885 in system
Resolution
City Inspection
Customer Report Phone Call or
YC311
If Single
Occurrence:
Street Maintenance
Inspects
Sidewalk:
Street Crew Makes
Safe and Notates
Occurrence
If Recurring:
Parks Also Inspects
Owner is Tree
Lover:
Light Root Pruning
after Sidewalk
Panels Removed
Owner Complains
of Multiple
Sidewalk or Root
issues
Remove Tree and
Replace with
Smaller Tree
Planting areas
between Two
Driveways:
Area is Too Small to
Replant
Tree Maintenance Program
60 • Operational Budgets
– General Fund
– Streets/Roads
• Capital Improvement Program (CIP)
• Property Owners
• Lighting and Landscape Maintenance Districts (LLMD)
• Community Development Block Grant (CDBG)
Current Funding Sources
• Revise public vs. private responsibilities
• Reduce fees and processes
• Align tree and sidewalk ordinances
• Establish assistance programs
Sustainable Strategy for Dual Success:
Potential Regulatory Actions
61 • Change design standards:
– Trees behind sidewalk for residential roads
– Approved tree types
– House setbacks, e.g., increase front and decrease
back yards
– Trade parking areas for trees
• Improve repair standards
– E.g., rebar, root barrier
• Require Home Owners Associations (HOAs)
Sustainable Strategy for Dual Success:
Potential Design Standards
• Shared costs, e.g., “Good Neighbor” policies
• Increase operational funding
– Utilize LLMDs and increase funding
– City: General Fund, Streets and Roads
– CDBG allocations
• City-coordinated contracts
– Property owner pays
– Property liens
• Establish tree replacement procedures
Sustainable Strategy for Dual Success:
Potential Maintenance Programs
62 Regulatory Actions
• Align tree and
sidewalk
ordinances
• Establish
assistance
programs,
including CDBG
Design Standards
• Develop flexible
design standards
which take into
account the area,
street type, and
development type
Maintenance Programs
• “Good Neighbor”
shared cost policy
• Increase
operational
funding
• Utilize LLMDs
• Annual CDBG
allocation
• Property liens
Sustainable Strategy for Dual Success:
Recommendations
Next Steps:
– Policy Decisions:
• Regulatory Actions
• Design Standards
• Maintenance Programs
– Staff Direction
– Outreach
Options for Discussion
63 Campaign Signs
Political / Campaign Signage
DL1
64 • Key Requirements
– Permits are not required.
– Limited to a maximum of 32 square feet.
– Limited to 10 feet in height.
– Must be removed seven (7) days after an election
as determined by the County Election Office.
– Signs shall not obstruct in such a manner to
interfere, obstruct, confuse or mislead
pedestrians, cyclists, or motorists.
Political / Campaign Signage
Political / Campaign Signage
Legal limitations: Overview
Political/election signs cannot be treated differently than other temporary signs, and cannot be restricted to a greater extent than signs displaying commercial speech such as contractor signs and temporary subdivision signs.
Any sign that constitutes a hazard can be removed summarily. Examples include signs that:
resemble traffic signs, obstruct the view of motorists, obstruct sidewalks, entrances, and exits, signs that are not property anchored so that they can fall or be uprooted by wind.
All signs in the public right of way should be removed promptly.
Penalties can include removal or towing, civil penalties, and misdemeanor criminal penalties.
Recommendation: Key components of the City’s sign regulations are now obsolete, and the ordinance is recommended to be updated to ensure consistency with current law.
65 Political Signs – What The City Can Do
Political/election signs generally cannot be treated
differently than other temporary signs, and cannot be
restricted to a greater extent than signs displaying
commercial speech such as contractor signs and
temporary subdivision signs.
We can remove all political signs from public property
– assuming the same standards apply to other types
of commercial signs also.
We cannot generally enforce the political sign
limitations on private property.
Political / Campaign Signage
Mobile Billboards– What The City Can Do
The City can potentially regulate mobile billboards from parking and standing, or cruising through the City.
There are some exceptions for vehicles specifically
designed for billboards that are property licensed,
but flashing, brightness, etc. can be regulated.
City must have an ordinance or a resolution,
and can post signs. If no signs are posted, the first violation should be a warning notice which includes the possible
penalties. Thereafter, the City can cite or tow vehicles in violation.
Under the Vehicle Code, any mobile billboard that is parked in a way that interferes with traffic or in a condition that presents a traffic hazard can be removed.
Political / Campaign Signage
66 Political / Campaign Signage
Advertising Signs on Vehicles– What The City Can Do
We can regulate/prohibit parking or standing of vehicles with advertising signs on vehicles that extend beyond the vehicle’s length/breadth/height of the vehicle. To do this, the City must have an updated ordinance. There are some limitations on the City’s ability to regulate/prohibit vehicles with advertising signs that extend beyond the vehicle from driving on City streets unless they otherwise pose a driving hazard.
The City can post signs, which will allow citation or towing without further notice. If no signs are posted, first violation should be a warning notice which includes the possible penalties.
Thereafter, the City can cite or tow a vehicle in violation.
Under the Vehicle Code, any vehicle with an advertising sign that is parked in a way that interferes with traffic or in a condition that presents a traffic hazard can be removed.
Political / Campaign Signage
67 Political / Campaign Signage
Permanent Signs on Vehicles– What The City Can Do
The City is restricted from regulating signs permanently affixed to vehicles, including signs that are painted on vehicles, decals, license plate frames, and signs licensed pursuant to Vehicle Code section 11701.
Questions or Comments?
Political / Campaign Signage
68 Campaign Paperwork
Political Reform Act & Local Regulations
• Political Reform Act (PRA) requires campaigns and
committees to file certain statements containing
information about the campaign
• Cities/Counties may enact a campaign ordinance that
provides for additional or different provisions as long as they are more strict than the PRA
• 38% of cities have adopted ordinances – Most place
specific caps on campaign contributions
69 Enforcement of Violations
• Absent a local ordinance, a violation of the PRA can be pursued in 3 ways:
• Administrative proceedings by the Enforcement Division (FPPC) • Criminal prosecution by a local DA or State Attorney General • Civil action by the public, certain government agencies, or the Enforcement Division
• Typically referred by citizens, government agencies and the media
• The majority of cases are handled through the
administrative process with penalties up to $5K per
violation
Campaign Statements (Form 460)
• Form 460 is used to report expenditures and
contributions – Filed with the City Clerk
• Cities can require electronic submissions of records
• The penalty for filing a late Form 460 is currently $20 per day under the PRA. Failure to file a statement could result in an enforcement penalty of $5K per violation
(Enforcement by FPPC)
70 Possible Local Ordinance
Advantages
• Greater local control in some cases
• Additional enforcement mechanism (Enforcement through Municipal Code that does not relay on FPPC process)
• May result in faster compliance
Disadvantages
• Cost of enacting and Ordinance and updating with changing laws • Limitations on the amount the City can set for penalties • Cost to manage/enforce may exceed amount recovered
• Putting staff in the position of enforcing penalties against Councilmembers and/or potential Councilmembers
Options
• Explore options regarding a local enforcement
ordinance (including scope, electronic filing requirements, any penalties [including range such as low, medium, or high], resources needed to implement, etc.)
• Maintain current regulations and existing enforcement mechanisms
71 Community Workshops
Council’s 2023 Priorities
72 Council Priorities
QUESTIONS