Yuba City City Council
February 21, 2023

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
FEBRUARY 21, 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
FEBRUARY 21, 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_02hIX23fRNi3cdKKVRADWQ. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.

Regular Meeting
Call to Order
Roll Call
__ Mayor 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. Marni Sanders, Chamber of Commerce Proclamation
Public Communication

2. 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.

3. Approve minutes from the February 7, 2023 meeting
Recommendation: Approve minutes from the February 7, 2023 meeting

4. Every Roll and Step Counts - Bicycle and Pedestrian Counting Equipment Loan Program
Recommendation: Adopt a Resolution authorizing the Public Works and Development Services Director to execute an Equipment Use Agreement with the Sacramento Area Council of Governments (SACOG) for the use of collecting automated, continuous biking and walking counts

5. Second Groundwater Well (18-18) - Well Equipping Plans and Specifications Recommendation: Adopt a Resolution approving the plans and specifications for the well equipping and construction of the above-ground facilities of the Second Groundwater Well Project at the Water Treatment Plant and authorizing advertisement for bids on the project

6. Transfer of City property – Harter Marketplace
Recommendation: Adopt a Resolution declaring the property described under Resolution No. 05-086 as being exempt under the Surplus Land Act and authorizing the Public Works Director to execute all documents necessary to transfer real property interest in said property to the owner of the adjacent parcel to the north (APN 62-310-016). [No address or APN available, consists of the former North Colusa Frontage Road between the proposed
Harter Marketplace Way and Harter Parkway]

7. Bureau of Reclamation Grant Application – Wastewater Treatment Facility Water Recycling Feasibility Study
Recommendation: Adopt a Resolution for the US Bureau of Reclamation WaterSMART Grant Application designating and authorizing the Public Works Director to:

A. Sign, submit, and file an application for a grant agreement with the United States Department of the Interior, Bureau of Reclamation to conduct a comprehensive advanced treatment and recycled water feasibility study
B. Provide the assurances, certifications, and commitment required for the financial assistance application, including executing all documents in furtherance thereof, including but not limited to a grant or cooperative agreement and any
amendments or changes thereto
C. Represent the City in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable

state and federal laws

8. Appointments to the City of Yuba City Planning Commission and Parks and Recreation Commission
Recommendation: Approve the Recommendations for Appointment of Three (3) Members to the Planning Commission and Two (2) Members to the Parks and Recreation Commission for Four (4) Year Terms respectively

9. Denial of GPA 22-05 and the appeal of RZ 22-06: Gorsi Medical Office Rezone Recommendation: Consistent with Council direction, adopt a Resolution of the City Council of the City of Yuba City denying General Plan
Amendment 22-05, and denying the appeal of Rezone 22-06 and upholding the Planning Commission’s decision (Gorsi Medical Office Rezone, 467 Gray Avenue, APN: 52-122-011)
Business Items

10. DWR 2022 Urban Community Drought Relief Grant Program Recommendation: A. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents associated with Department of Water Resources 2022 Urban Community Drought Relief Grant Program for the City-owned Property Turf Replacement Project on behalf of the City
B. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents associated with Department of Water Resources 2022 Urban Community Drought Relief Grant Program for the Commercial Property Turf Replacement Rebate Program on behalf of the City
C. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents associated with Department of Water Resources 2022 Urban Community Drought Relief Grant Program for the Every Drop Counts Rebate and Education Program Expansion on behalf of the City

11. Abandoned Railroad Corridor Feasibility Study (Adoption) Recommendation: Adopt a Resolution which adopts the Abandoned Railroad Corridor Feasibility Study

12. Professional Services Agreement with Smart Marketing & Public Affairs for Revenue Measure Consulting Services
Recommendation: Adopt a Resolution awarding a Professional Services Agreement to Smart Marketing & Public Affairs of Yuba City, CA, for Revenue Measure Consulting Services in an amount not to exceed $135,000 for base consulting fees plus $40,000 for other hard project costs for a total not to exceed $175,000, subject to immaterial modifications by the City Manager upon approval of the City Attorney as to legal form, with the finding that it is in the best interest of the City, and approve a supplemental
appropriation of $75,000 from one-time federal American Rescue Plan Act funds to Account No. 1305-62701 (City Manager Budget - Professional Services)

Future Agenda Items

13. Future Agenda Items
- Councilmember Paquale
- Councilmember Boomgaarden
- 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

14. City Manager's Report

15. City Council Reports
Adjournment

Proclamation
of the City Council

MARNI SANDERS
CEO Chamber of Commerce Yuba Sutter
2018 - 2023
WHEREAS, in 2018 the Yuba Sutter Chamber of Commerce appointed Marni Sanders as the Chief Executive Officer and after five years of dedicated community service through the Chamber of Commerce she has accepted a new leadership role as the Executive Director for Blue Zones Project Yuba Sutter; and WHEREAS, in the short time at the Yuba Sutter Chamber, Marni’s governance and ambition have increased the membership to over 500 members; WHEREAS, Marni’s networking and direct approach helped build the relationships with the businesses in the community and serves as a key driver of the local economic prosperity; and
WHEREAS, her leadership at the Chamber has created a strong local business community which creates jobs and opportunities for residents of Yuba City and the YubaSutter Region; and WHEREAS, you can always find Marni at all the Yuba-Sutter Chamber of Commerce events, such as; the Business Connection Breakfasts, Ribbon Cuttings, Lunch Mob Networking, Business After Hours, New Member Orientations, Rise and Shine, Candidate Forums – Business Education, Taste of Yuba-Sutter, Lunch and Learn, Wine’d Down Wednesday, the Gala and all the Milestone events; and
WHEREAS, Marni has proven her loyalty and dedication to the community and has been successful at the Yuba-Sutter Chamber of Commerce for the last several years. Her dedication led the business organization to strengthen the relationships throughout the Yuba-Sutter business community, helping our community to thrive.

NOW, THEREFORE, BE IT RESOLVED, that I, Wade Kirchner, Mayor of the City of Yuba City and on behalf of the entire City Council, do hereby proclaim and acknowledge Marni Sanders on her outstanding leadership at the Chamber of Commerce and also congratulate Marni on her new chapter at the Blue Zones Project Yuba Sutter.

Done this 21st day of February, 2023, at the City of Yuba City, County of Sutter, State of California.

CITY OF YUBA CITY
Public Communication
Members of the public may address the City Council on items of interest that are within the City’s jurisdiction. Individuals addressing general comments are encouraged to limit their statements.

Procedure
You are welcome and encouraged to participate in this meeting. Complete a Speaker Card located in the lobby and give to the Clerk, public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda, will be considered at this time.

When a matter is announced, wait to be recognized by the Mayor to provide your comments to the Council. Comments should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.

Request for additional time to address Council
Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted 5 minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.

Procedure
When requesting to comment, please indicate your name and the topic and mail to:

City of Yuba City
Attn: City Clerk
1201 Civic Center Blvd
Yuba City CA 95993
Or email to:

Jackie Sillman, City Clerk
[email protected]

Agenda Item 3

CITY OF YUBA CITY

STAFF REPORT
Date: February 21, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Approve minutes from the February 7, 2023 meeting Recommendation: Approve minutes from the February 7, 2023 meeting Fiscal Impact: None
Attachments:

1. 02-07-2023 - Regular Meeting 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
FEBRUARY 7, 2023
5:30 P.M. CLOSED SESSION

SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR

MEETING COUNCIL

CHAMBERS/VIRTUAL
Call to Order
The Closed Session Meeting of the City Council was called to order by Mayor Kirchner at 5:30 PM
Roll Call

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

Absent: None
Closed Session
Conference with Legal Counsel—Existing Litigation per Govt. Code §54956.9; Diana Barrett v. City of Yuba City, et.al. Superior Ct. CVCS20-0001102; Ct. of Appeal C097139 No public comment received
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, Harris, Pasquale and Shaw

Absent: None
Invocation/Inspiration
Dave Shaw, Councilmember
Pledge of Allegiance to the Flag
Brad McIntire, Community Services Director
City Attorney's Report on Closed Session
No reportable action

Agenda Modifications/Approval of Agenda
Staff recommended that Item 5 (Henson Ranch Estates) be continued to a future meeting Ceremonial Presentations

1. Mayor's Pin Presentation
Councilmember Shaw presented the Mayor’s pin to Mayor Kirchner Public Communication

2. Appearance of Interested Citizens
Heather Esemann spoke
Consent Calendar
Councilmember Shaw moved and Councilmember Pasquale seconded the motion to approve Consent Calendar items 3-4 and 6-14 (excluding item 5):

3. Minutes from the January 17 and 26, 2023 meetings
Approve the minutes from the January 17 and 26, 2023 meetings

4. Annual Community Facilities District Report
Note and file
Item 5 was be continued to a future meeting

5. Henson Ranch Estates – Phase 1 Subdivision (Subdivision Agreement and Final Map Approval)
Presented by: Ben Moody, Development Services & Public Works Director Action: Adopt a Resolution approving the execution of a Subdivision Agreement with YC Hooper Ventures, LLC, A California Limited Liability Company providing for public improvements associated with the Henson Ranch Estates – Phase 1 Subdivision Map, approving the Henson Ranch Estates – Phase 1 Subdivision Final Map, accepting dedication of rights-of-way and easements shown thereon and authorizing the filing of the map. (Subdivision is located north of North Colusa Frontage Road, East of Hooper Road, and west of El Margarita Road)

6. Local Highway Safety Improvement Program Project Awards A. Authorize the Finance Director to make a supplemental appropriation of $3,164,260 in Highway Safety Improvement Program grant funding to Account No. 921314 (Citywide Signal Hardware Upgrades), 921315 (Citywide Sign Upgrades & Audit), 921316 (Ped Safety Crosswalk Upgrades), 921317 (SHS Signal Hardware Upgrades), and 921318 (Local Roadway Safety Plan)

B. Authorize the Finance Director to transfer $23,840 from Account No. 911253 (2018 Safe Routes to School Plan) to Account No. 911314 (Citywide Signal Hardware Upgrades) and $8,000 from Account No. 921253 (2018 Safe Routes to School Plan) to Account No. 921318 (Local Roadway Safety Plan)

7. Proposition 1 Integrated Regional Water Management Round 1 Grant Projects - Contract Amendment
Adopt Resolution 23-011 to award Amendment No. 1 to the Professional Services Agreement with West Yost and Associates, Inc. to initiate additional data collection activities for updating the modeling of Gilsizer Slough for the Prop 1 Integrated Regional Water Management Projects

8. Authorization to submit Department of Resources Recycling and Recovery (CalRecycle) Grant Applications for Illegal Disposal Site Abatement
Adopt Resolution 23-012 of the City Council of the City of Yuba City authorizing the Public Works and Development Services Director, or designee, to submit and administer CalRecycle grant applications and projects for a period of five years on behalf of the City

9. Request to establish Planned Development (PD) 15 and approval of a Development Agreement for the Chima Ranch Tentative Subdivision Map SM 22- 07
A. Adopt Ordinance 001-23 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 Sanbon 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 second reading
B. Adopt Uncodified Ordinance 002-23 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 second reading

10. Consideration of Rezone (RZ) 22-08: Spirit Drive Parcel Map Adopt Ordinance 003-23 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 second reading

11. Consideration of Planned Development (PD) 17: Nestory Park Self Storage The Clerk received written public comment from Terry Farmer prior to the meeting.

Copies of the letter were distributed to Council in advance and were made available for the public in the lobby
Adopt Ordinance 004-23 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 second reading

12. Approve Regional Appointments to the Feather River Air Quality Management District (FRAQMD) Board of Directors for 2023 Approve the Appointment of Councilmembers Jeramy Chapdelaine (Live Oak) and Angela Teter (Wheatland) to serve as Alternate Directors on the FRAQMD Board of Directors

13. Updates to the City of Yuba City Conflict of Interest Code Adopt Resolution 23-013 Amending the City of Yuba City Conflict of Interest Code and list of Designated Positions

14. Emergency Purchase of Four (4) Ford Three-Quarter Ton Pickups Adopt Resolution 23-014 to award the purchase of four (4) Ford three- quarter ton pickups to Geweke Ford of Yuba City, CA, in the not- to-exceed amount of $161,000.00 and authorizing the purchase of necessary equipment and decals, estimated at $19,000.00, in order to place the vehicles in service The motion was passed with a unanimous vote
Business Items

15. Utilities Rate Study 2024 Award
Councilmember Shaw moved and Vice-Mayor Harris seconded the motion to:

Adopt Resolution 23-015 awarding the Utilities Rate Study 2024 to Black & Veatch Management Consulting, LLC of Los Angeles, CA in the amount of $159,705 plus a contingency of $32,000, with the finding that it is in the best interest of the City
The motion was passed with a unanimous vote

16. Consideration of General Plan Amendment (GPA) 22-05, the appeal of Rezone (RZ) 22-06, and a Categorical Exemption under CEQA Guideline Section 15301: Gorsi Medical Office Rezone

[Councilmember Pasquale recused himself]
Mayor Kirchner opened a Public Hearing
Dr. Gorsi spoke
Andrew Fisher spoke
John Buckland spoke
Lauren Halli Burton spoke
Mayor Kirchner closed the Public Hearing
Councilmember Shaw moved and Vice-Mayor Harris seconded the motion to:

Continue the matter regarding General Plan Amendment 22-05, the appeal of Rezone 22-06, and the associated Environmental determination for the project, Gorsi Medical Office Rezone, at 467 Gray Avenue (Assessor’s Parcel Number: 52-122-011) to February 21, 2023, with direction to staff to return with a resolution for a denial The motion was passed with 4 votes (Pasquale recused)

17. Future Agenda Items
No suggestions
Reports and Communications

18. City Manager's Report

19. 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 in memory of former Yuba City Police Department employee, Dulce Ward, at 7:37 PM _____________________________
Wade Kirchner, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

Agenda Item 4

CITY OF YUBA CITY

STAFF REPORT
Date: February 21, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Every Roll and Step Counts - Bicycle and Pedestrian Counting Equipment Loan Program
Recommendation: Adopt a Resolution authorizing the Public Works and Development Services Director to execute an Equipment Use Agreement with the Sacramento Area Council of Governments (SACOG) for the use of collecting automated, continuous biking and walking counts
Fiscal Impact: There will be no fiscal impact from executing this Equipment Use Agreement.

SACOG has developed a free equipment loan pilot program and has invited the City of Yuba City to execute a borrowing agreement
Purpose:

To have access to essential equipment for biking and walking count data which will increase our ability to plan effectively for the infrastructure and behaviors we want to see in the City.

Council’s Strategic Goal:

This agreement addresses the City Council’s Strategic Goals of investing in the City’s infrastructure and enhancing and maintaining a business-friendly environment for our City and our partners.

Background:

Every Roll and Step Counts is an equipment loan program operated by SACOG. Through Every Roll and Step Counts, SACOG will loan bicycle and pedestrian counting equipment to cities, counties, transit operators, and other planning partners in the SACOG region of El Dorado, Placer, Sacramento, Sutter, Yolo, and Yuba counties. SACOG provides technical assistance for local jurisdictions and supports active transportation in the region. As part of that support, SACOG received a planning grant to develop this equipment loan program and help collect accurate, high-quality data about the number of people biking and walking in the SACOG region.

Analysis:

The data collected will help the City and SACOG monitor the use of active transportation facilities and measure the continued impact of investments on biking and walking modes. Executing this equipment use agreement and utilizing this technology will allow the City to use the bicycle and pedestrian volume

data to support local planning efforts, inform grant funding applications, and identify biking and walking operational needs and trends in communities.

Fiscal Impact:

There will be no fiscal impact from executing this Equipment Use Agreement. SACOG has developed a free equipment loan pilot program and has invited the City of Yuba City to execute a borrowing agreement.

Alternatives:

Do not execute an Equipment Use Agreement with SACOG. This may result in missed opportunities for collecting data that would help with monitoring travel patterns and developing multi-modal transportation models.

Recommendation:

Adopt a Resolution authorizing the Public Works and Development Services Director to execute an Equipment Use Agreement with the Sacramento Area Council of Governments for the use of collecting automated, continuous biking and walking counts.

Attachments:

1. Resolution - Every Roll and Step Counts - Bicycle and Pedestrian Counting Equipment Loan Program
Prepared By: Submitted By:

Fabiola Vazquez
Assistant Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

TO AUTHORIZE THE PUBLIC WORKS AND DEVELOPMENT

SERVICES DIRECTOR TO EXECUTE AN EQUIPMENT USE

AGREEMENT WITH SACRAMENTO AREA COUNCIL OF

GOVERNMENTS (SACOG) FOR THE FREE USE OF BICYCLE AND

PEDESTRIAN COUNTING EQUIPMENT
WHEREAS, Sacramento Area Council of Governments (SACOG) is owner of certain equipment to be more particularly described in equipment loan agreements to be entered into by the parties in substantially the form attached hereto as Exhibit “A” to this resolution (the “Equipment Check-out Form”); and
WHEREAS, the City of Yuba City desires to utilize the equipment to collect pedestrian and bicycle counts at locations within the City’s jurisdiction; and WHEREAS, staff recommends entering into an Equipment Use Agreement with SACOG for the free use of bicycle and pedestrian counting equipment.

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

The City Council of Yuba City authorizes the Public Works and Development Services Director to execute the Equipment Use Agreement with Sacramento Area Council of Governments.

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 21st day of February, 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. (Draft) Equipment Use Agreement

1 EQUIPMENT USE AGREEMENT
This Equipment Use Agreement (“Agreement”) is entered into on this ___ day of ______________, 20___ by and between the SACRAMENTO AREA COUNCIL OF GOVERNMENTS (“SACOG”) and CITY OF YUBA CITY (“User”).

RECITALS:

WHEREAS, SACOG is owner of certain equipment to be more particularly described in equipment loan agreements to be entered into by the parties in substantially the form attached hereto as Exhibit “A” to this Agreement (the “Equipment Check-out Form”); and WHEREAS, User desires to utilize the equipment specifically identified in the Equipment Check-out Form (the “Equipment”) to collect pedestrian and bicycle counts at locations within User’s jurisdiction; and
WHEREAS, SACOG desires to permit use of the Equipment pursuant to the terms and conditions of this Agreement.

NOW, THEREFORE, SACOG and User agree as follows:

1. Term. This Agreement shall be effective through December 31, 2028 (the “Term”), unless otherwise terminated as provided for herein. User shall return the Equipment by the date specified in the Equipment Check-out Form or sooner in accordance with Section 3 of this Agreement.

2. Data Collected. In consideration for use of the Equipment, User agrees to share copies of any and all data collected by the Equipment with SACOG during the Term of this Agreement.

3. Recall of Equipment. User acknowledges that the Equipment is for the use and benefit of all SACOG member agencies. Once two months has expired since the commencement date listed on any Equipment Check-out Form, SACOG shall have the right to recall any or all Equipment upon ten (10) days written notice to User for use by other agencies.

4. Installation of Equipment. User shall be responsible for installing all Equipment. SACOG will make available to User Equipment manufacturer and supplier installation instructions and materials. SACOG does not assume any liability for any damages resulting from the improper installation or use of the Equipment. In no event shall SACOG be liable for any consequential, incidental, exemplary or special damages whether in contract or in tort, in any action connected with Users use or installation of the Equipment. User shall install Equipment at the locations identified in the Equipment Check-out Form. If User desires to relocate the Equipment due to any circumstance, the new location shall be mutually agreed upon by both SACOG and User prior to the User relocating the Equipment.

2 5. Maintenance and Operation of Equipment. User shall not alter or modify the Equipment and shall maintain the Equipment in good repair and operative condition and return it to SACOG in such condition, ordinary wear and tear resulting from proper use thereof excepted. In the event the Equipment or any portion thereof is damaged, destroyed, vandalized or rendered inoperable, User shall replace the Equipment at User’s expense.

User agrees to inform SACOG of any damage to the Equipment within three (3) days of discovery of such damage.

6. Repairs. The expense of all repairs made during the Term of this Agreement, including labor, material parts and other items shall be paid by User.

7. DISCLAIMER OF WARRANTIES. SACOG, BEING NEITHER THE

MANUFACTURER, NOR SUPPLIER OF THE EQUIPMENT, MAKES NO

WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER,

INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT,

ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS

MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR

PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS,

RULES, SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR USE OF A SPECIFIC APPARATUS OR SPECIAL METHODS. SACOG FURTHER DISCLAIMS

ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO USER OR

THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. AS TO SACOG, USER UTILIZES THE EQUIPMENT “AS-IS”.

SACOG SHALL NOT BE LIABLE IN ANY EVENT TO USER FOR ANY LOSS,

DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM

DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY USED OR ACCIDENTAL BREAKAGE THEREOF.

8. Indemnity. User shall indemnify SACOG against, and hold SACOG harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney's fees, arising out of, connected with or resulting from User’s use of the Equipment, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the Equipment. User shall further indemnify SACOG and hold SACOG harmless from all loss and damage to the Equipment during the Term. This section shall survive the expiration of the Term of this Agreement.

9. Risk of Loss. SACOG shall not be responsible for loss or damage to property, material, or equipment belonging to User, its agents, employees, or anyone directly or indirectly employed by User while the Equipment is in User’s care, custody, and control.

10. Ownership of Equipment. SACOG shall at all times retain ownership and title to the Equipment.

3 11. Execution of Equipment Check-out Form. SACOG and User agree that the Equipment Check-out Form may be submitted by User staff and approved by SACOG’s project manager. The Equipment Check-out Form may be submitted multiple times by User throughout the term of this Agreement to request repeated use of the Equipment.

12. No Assignment. User shall not assign or transfer any interest in the Equipment, the Equipment Form, or this Agreement without written consent of SACOG.

13. Entire Agreement. This Agreement, including any approved Equipment Check-out Form(s), constitutes the entire agreement between SACOG and User as it relates to the terms and conditions of use of the Equipment and it shall not be amended, altered or changed except by written agreement of the parties.

14. Termination. Either party to this Agreement may terminate the Agreement without cause by giving no less than thirty (30) days prior written notice of such termination to the other party. All Equipment shall be returned to SACOG upon termination.

IN WITNESS WHEREOF, THE PARTIES HAVE ENTERED INTO THIS AGREEMENT AS OF THE DATE HEREIN ABOVE APPEARING:

SACRAMENTO AREA COUNCIL OF GOVERNMENTS
________________________________________

JAMES CORLESS
Executive Director
APPROVED AS TO FORM:
________________________________________

SLOAN SAKAI YEUNG & WONG LLP
Legal Counsel to SACOG

CITY OF YUBA CITY
________________________________________
BENJAMIN K. MOODY
Public Works and Development Services Director

4 EXHIBIT “A”

EQUIPMENT CHECK-OUT FORM
This Equipment Request Check-out Form is entered into on this ___ day of ____________, 20____, by and between the Sacramento Area Council of Governments and City of Yuba City (“User”).

1. This Equipment Check-out Form is subject to the terms and conditions of the Equipment Use Agreement entered into by the parties.

2. SACOG agrees to provide the equipment specifically identified below (the “Equipment”), to User for use by User from ______________ through ________________, unless terminated sooner in accordance with the Equipment Use Agreement.

3. User hereby acknowledges SACOG has provided the Equipment in good working order.

The User acknowledges all manufacturer and/or supplier instructions concerning installation of the Equipment have been provided to or made available to User.

Description of Equipment Location of Installation
(Location cannot be changed
without consent of SACOG)
Quantity

SACRAMENTO AREA COUNCIL OF GOVERNMENTS
________________________________________
[INSERT PROJECT MANAGER]

CITY OF YUBA CITY
________________________________________
Name and Title

Agenda Item 5

CITY OF YUBA CITY

STAFF REPORT
Date: February 21, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Second Groundwater Well (18-18) - Well Equipping Plans and Specifications Recommendation: Adopt a Resolution approving the plans and specifications for the well equipping and construction of the above-ground facilities of the Second Groundwater Well Project at the Water Treatment Plant and authorizing advertisement for bids on the project
Fiscal Impact: Engineer’s Estimate $3,041,000 – CIP Account No. 971191-65501 (Second Groundwater Well)
Purpose:

To provide additional water resources by securing access to groundwater at the Water Treatment Plant.

Council’s Strategic Goals:

The project addresses the City Council’s Strategic Goal of Improving Infrastructure.

Background:

The United States Bureau of Reclamation (USBR) has awarded the City a $750,000 grant for the construction of a new potable groundwater well. A California Environmental Quality Act (CEQA) document and a USBR-approved National Environmental Protection Act (NEPA) document have both been completed.

On September 7, 2021, Council awarded a professional services agreement to West Yost & Associates of Davis, CA (West Yost) to develop plans and specifications for drilling of the new well and constructing the above-ground facilities, pump, and other related equipment. On July 5, 2022, Council awarded a construction contract to Nor-Cal Pump and Well Drilling, Inc. for the Well Drilling Phase of the project. Construction of the Well Drilling Phase began in September 2022 and staff are currently working on closing out this phase of the project.

The second phase is to equip the new well and construct the above-ground facilities, including a threesided structure, electrical cabinets, pump related equipment and plumbing.

Analysis:

West Yost has prepared the plans, specifications, and estimate for well equipping and construction of the above-ground facilities for the Second Groundwater Well project. With Council approval of the plans and specifications and authorization to advertise for bids, staff proposes the following schedule:

Advertise for Bid: February 27, 2023
Award Contract: April 4, 2023
Equipment Procurement: June 2023 – May 2024
Start of Construction: June 2024
Completion: December 2024
Equipment procurement is the critical path of the project with electrical and instrumentation equipment having lead times as long as one year or more for contractors. The plans and specifications for the project are on file in the Public Works Department at City Hall and at http://www.yubacity.net/publicworksplans for review.

Fiscal Impact:

The total estimated project cost for the Well Equipping Phase is $3,041,000. This includes a 10% construction contingency, 10% for construction management, and 1.5% for City administration during construction.

The project will be funded through CIP Account No. 971191-65501 (Second Groundwater Well).

Currently, this account has a balance of $3,298,751.31. Detailed fiscal impacts will be presented to Council at the time of award based on actual bid amounts.

Environmental:

An Initial Study/Mitigated Negative Declaration (IS/MND), was filed with the State Clearinghouse (SCH # 2022050477) and posted for public comment on May 23, 2022. Comments were received from two state agencies; the California Department of Fish and Wildlife and the Central Valley Regional Water Quality Control Board. Staff have reviewed the comments and have refined the IS/MND to provide additional clarity to certain issues to address the comments provided by the agencies.

Alternatives:

Instruct staff to direct West Yost & Associates to modify the plans and specifications.The project’s schedule will be delayed resulting in less water resources being available to the City as droughts continue in California.

Recommendation:

Adopt a Resolution approving the plans and specifications for construction of the above-ground facilities of the Second Groundwater Well Project at the Water Treatment Plant and authorizing advertisement for bids on the project.

Attachments:

1. 18-18 Attachment 1 - Resolution Accepting Phase 2
Prepared By: Submitted By:

William Jow
Assistant Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING

THE PLANS AND SPECIFICATIONS FOR THE WELL EQUIPPING AND

CONSTRUCTION OF THE ABOVE-GROUND FACILITIES OF THE SECOND

GROUNDWATER WELL PROJECT AT THE WATER TREATMENT PLANT AND

AUTHORIZING ADVERTISEMENT FOR BIDS ON THE PROJECT
WHEREAS, it is in the best interest for the City to construct a Second Groundwater Well in order to ensure the City has accessible water resources during times when the City’s surface water rights are curtailed; and
WHEREAS, the United States Bureau of Reclamation has awarded $750,000 through the Drought Resiliency Grant Program to construct a Second Groundwater Well; and
WHEREAS, the City has entered into a professional services agreement with West Yost and Associates of Davis, CA to develop plans and specifications for equipping the new well and constructing the above-ground facilities, pump, and other related equipment and West Yost and Associates have finished the plans and specifications for the well equipping and above-ground facilities of the Second Groundwater Well; and WHEREAS, the Public Works Department intends to solicit bids for the well equipping and the above-ground facilities of the Second Groundwater Well; and WHEREAS, it has been determined by the City Council that such infrastructure is in the public interest,
NOW, THEREFORE, be it resolved and ordered by the City Council of Yuba City as follows:

1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. The plans and specifications for the Project are approved.

3. The Public Works Department is hereby authorized and directed to advertise for bids for the Project.

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 21st day of February, 2023.

AYES:

NOES:

ABSENT:

ATTEST:

Wade Kirchner, Mayor
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 6

CITY OF YUBA CITY

STAFF REPORT
Date: February 21, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Transfer of City property – Harter Marketplace Recommendation: Adopt a Resolution declaring the property described under Resolution No. 05- 086 as being exempt under the Surplus Land Act and authorizing the Public Works Director to execute all documents necessary to transfer real property interest in said property to the owner of the adjacent parcel to the north (APN 62- 310-016). [No address or APN available, consists of the former North Colusa Frontage Road between the proposed Harter Marketplace Way and Harter Parkway]
Fiscal Impact: Minimal staff time executing and recording the necessary documents Purpose:

To transfer surplus City property to the developer of Harter Marketplace in accordance with the Harter Specific Plan.

Council’s Strategic Goal:

The transfer of this property addresses the City Council’s Strategic Goals of maintaining a businessfriendly environment while also assuring maintenance of the City’s infrastructure.

Background:

The Harter Specific Plan area, located on the north side of State Route 20, situated both east and west of Harter Parkway, and south of Butte House Road.

The original Harter Specific Plan was completed in February 2003 to provide guidance for the orderly development of the Harter Packing Company project site, located on approximately 180 acres in the western portion of the City. The Yuba City Marketplace Project proposed on a 31.1-acre site within the Harter Specific Plan area resulted in the development of the Walmart shopping center and other commercial/retail uses, including the Sierra Central Credit Union at 1351 Harter Parkway.

The Development Agreement associated with the Harter Specific Plan has been amended twice, most recently by Council action on June 15, 2021. The second DA amendment included: an extension of the term of the DA by 15 years, to 2036, subject to extensions; addressed payment of impact fees and City traffic program fees; clarified various program fee credits and reimbursements; and addressed

undergrounding of utilities along the project’s SR 20 frontage.

Numerous other Council actions have occurred over the years, including rezoning actions, approval of infrastructure reimbursement agreements, financing plans, environmental assessments, and lot line adjustments.

On April 28, 2021, the Planning Commission unanimously voted to approve Tentative Parcel Map (TPM 19-03) creating 22 commercial parcels in three separate “villages” located west of Harter Parkway between State Route 20 and the future extension of Jefferson Boulevard (roughly the abandoned railroad corridor). Condition 40 associated with TPM 19-03 required that with the realignment of the existing North Colusa Frontage Road, the vacated City road right-of-way between the North Colusa Frontage Road and Harter Parkway shall be incorporated into the adjacent parcel(s) to the north (see attached Resolution, Exhibit B).

Analysis:

On May 17, 2005, Council vacated the road right-of-way between North Colusa Frontage Road and Harter Parkway, per authority granted under California Streets and Highways Code Sections 8320, et.

Seq, while reserving a utility easement over a portion of the property to provide for the installation and maintenance of the City’s existing water main. Refer to City Resolution No. 05-086. While the road right-of-way was vacated, the underlying fee ownership remained with the City. The City has no use for the underlying property given that the utility easement protects its sole interest in the property.

This property is exempt from the Surplus Land Act as it is a former street being conveyed to an owner of adjacent property. In order to transfer the property to the adjacent land owner, Council must declare the property to be exempt from the Surplus Land Act.

Staff is also requesting authorization for the Public Works Director to execute all documents necessary to transfer real interest in this property, while reserving a utility easement over a portion of the property.

Fiscal Impact:

Minimal staff time executing and recording the necessary documents, to be funded out of Engineering and Development Services operating budgets.

Alternatives:

1. Require the City Manager or Mayor to execute the required property transfer documents.

2. Do not approve the property transfer at this time, which could result in delays to developing the adjacent parcel and, perhaps, result in amendments needed to various approved entitlements.

Recommendation:

Adopt a Resolution declaring the property described under Resolution No. 05-086 as being exempt under the Surplus Land Act and authorizing the Public Works Director to execute all documents necessary to transfer real property interest in said property to the owner of the adjacent parcel to the north (APN 62-310-016). [No address or APN available, consists of the former North Colusa Frontage Road between the proposed Harter Marketplace Way and Harter Parkway] Attachments:

1. Resolution - Transfer of City property – Harter Marketplace, with Exhibits

Prepared By: Submitted By:

Kevin Bradford
Deputy Public Works Director – Engineering
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY DECLARING THE PROPERTY DESCRIBED UNDER RESOLUTION NO. (05-086) AS BEING

EXEMPT UNDER THE SURPLUS LAND ACT AND AUTHORIZING THE PUBLIC WORKS

DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY TO TRANSFER REAL

PROPERTY INTEREST IN SAID PROPERTY TO THE OWNER OF THE ADJACENT PARCEL TO THE NORTH (APN 62-310-016)
WHEREAS, through Resolution No. 05-086 the City vacated its road right-of-way between North Colusa Frontage Road and Harter Parkway, per authority granted under California Streets and Highways Code Sections 8320, et. seq., while reserving a utility easement over a portion of the property to provide for the installation and maintenance of the City’s existing water main; and WHEREAS, Condition 40 of Tentative Parcel Map 19-03 (TPM 19-03), approved by the Planning Commission on April 28, 2021, requires that with the realignment of the existing North Colusa Frontage Road, the abandoned City road right-of-way between the North Colusa Frontage Road and Harter Parkway shall be incorporated into the adjacent parcel(s) to the north; and WHEREAS, disposal of City-owned property is governed by the Surplus Land Act, which requires the City’s governing body to declare any properties that are exempt from the Surplus Land Act as being exempt; and
WHEREAS, the City desires to deed its real property interest in the above-mentioned property to the owners of the adjacent parcel to the north (APN 62-310-016); and WHEREAS, the City Council desires to delegate signing authority for all documents necessary to transfer real property interest in said property to the Public Works Director.

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

1. The City-owned property described under Resolution No. 05-086 [no address or APN available, consists of the former North Colusa Frontage Road between the proposed Harter Marketplace Way and Harter Parkway] as being exempt from the Surplus Land Act.

2. The Public Works Director is authorized to execute all documents necessary to transfer real property interest in said property to the owner of the adjacent parcel to the north (APN 62-310-016).

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 21st day of February, 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 “A” – Grant Deed
Exhibit A – Description
Exhibit B – Plat Map

EXHIBIT “A”

EXHIBIT A

TRANSFER PARCEL
BEING A PORTION OF LAND LYING WITHIN SECTION 17, T. 15 N., R. 3 E. MDB&M,

IN THE CITY OF YUBA CITY, COUNTY OF SUTTER, SATATE OF CALIFORNIA, MORE

PARTICULARLY DESCRIBED AS FOLLOWS,

BEGINNING AT THE SOUTHEAST CORNER OF PARCEL C OF LOT LINE ADJUSTMENT DOC. # 2021-0023789 (PARCEL C) , BEING ON THE WEST RIGHT OF

WAY LINE OF HARTER PARKWAY, VARIABLE WIDTH, THENCE, LEAVING SAID

SOUTHEAST CORNER OF PARCEL C, ALONG SAID WEST RIGHT OF WAY LINE OF

HARTER PARKWAY, ALSO BEING THE EAST LINE OF SAID TRANSFER PARCEL, SOUTH 00° 25’ 01” EAST, A DISTANCE OF 92.61 FEET, TO A POINT OF

INTERSECTION WITH THE NORTHERLY CALTRANS RIGHT OF WAY OF STATE HIGHWAY 20,

THENCE, WESTERLY AND SOUTHWESTERLY ALONG SAID NORTHERLY CALTRANS RIGHT OF WAY OF STATE HIGHWAY 20, ALSO BEING THE SOUTHERLY LINE OF SAID TRANSFER PARCEL, THE NEXT 4 COURSES,
1) SOUTH 89° 34” 59” WEST, A DISTANCE OF 93.03 FEET,
2) SOUTH 67° 59’ 43” WEST, A DISTANCE OF 94.53 FEET,
3) SOUTH 89° 34’ 59” WEST, A DISTANCE OF 17.27 FEET, TO THE BEGINNING OF

A TANGENT CURVE TO THE LEFT,
4) SOUTHWESTERLY ALONG SAID CURVE TO THE LEFT, BEARING A RADIAL LINE OF SOUTH 00° 25’ 01” EAST, HAVING A RADIUS OF 130065.00 FEET, THROUGH A CENTRAL ANGLE OF 00° 00’ 42”, AN ARC LENGTH OF 26.80 FEET,

THENCE, LEAVING SAID NORTHERLY CALTRANS RIGHT OF WAY OF STATE HIGHWAY 20, NORTHERLY ALONG THE WEST LINE OF SAID TRANSFER PARCEL, NORTH 00° 25’ 01” WEST, A DISTANCE OF 53.35 FEET, TO THE SOUTHWEST

CORNER OF SAID PARCEL C,

THENCE, NORTHERLY AND NORTHEASTERLY ALONG THE SOUTH LINE OF SAID PARCEL C THE NEXT TWO (2) COURSES,
1) NORTH 74° 54’ 57” EAST, A DISTANCE OF 115.57 FEET,
2) NORTH 67° 59’ 43” EAST, A DISTANCE OF 121.73 FEET, TO THE POINT OF

BEGINNING,

CONTAINING 14,720.96 SQUARE FEET /0.34 ACRES MORE OR LESS, AS SHOWN ON “EXHIBIT B” ATTACHED HERETO AND MADE A PART HEREOF:

SUBJECT TO: ALL COVENANTS, RIGHTS-OF-WAY, AND EASEMENTS OF RECORD.

END OF DESCRIPTION

THIS DESCRIPTION WAS PREPARED BY ME
OR UNDER MY DIRECTION:

Christopher D. Johnson, PLS 7576

SURVEYING

MAPPING

LEGAL DOCS

EXHIBIT 'B'
SECTION 17, T. 15 N., R. 3 E., MDB&M,

CITY OF YUBA CITY

COUNTY OF SUTTER,

STATE OF CALIFORNIA
N
POB

S/E CORNER

PARCEL C

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: February 21, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Bureau of Reclamation Grant Application – Wastewater Treatment Facility Water Recycling Feasibility Study
Recommendation: Adopt a Resolution for the US Bureau of Reclamation WaterSMART Grant Application designating and authorizing the Public Works Director to:

A. Sign, submit, and file an application for a grant agreement with the United States Department of the Interior, Bureau of Reclamation to conduct a comprehensive advanced treatment and recycled water feasibility study B. Provide the assurances, certifications, and commitment required for the financial assistance application, including executing all documents in furtherance thereof, including but not limited to a grant or cooperative agreement and any amendments or changes thereto
C. Represent the City in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws Fiscal Impact: $250,000 City match
$200,000 – Account No. 981103-65501 (Recurring Plant Projects) $50,000 – Staff time in-kind contribution
Purpose:

To acquire grant funds to develop a feasibility study for the potential upgrade of the Wastewater Treatment Facility (WWTF) to tertiary treatment in order to produce and deliver recycled water.

Council’s Strategic Goal:

This item addresses Council’s Strategic Goals of Infrastructure and Fiscal Responsibility by seeking alternative sources of funding for long-term WWTF infrastructure and process improvements.

Background:

Due to recent, ongoing, and anticipated droughts across California, state and federal agencies have made funding available to local agencies to increase water-use efficiency, improve water quality, and

support projects that conserve water over the long term – “Making Water Conservation a California Way of Life.” In order to capitalize on these grant opportunities for improvements to the wastewater system, the Public Works Department recommends the development of a Wastewater Recycling Feasibility Study (Study). Wastewater treatment operations can support the long-term resiliency of local water supplies by maximizing the use of recycled water through a tertiary treatment process.

Analysis:

The City of Yuba City WWTF treats wastewater from the City’s collection system and disposes of the treated effluent by discharging to the Feather River, which is highly regulated by the Central Valley Regional Water Quality Control Board. The proposed Study will analyze the feasibility of converting the WWTF to include a third and final stage of treatment, which would improve the effluent quality and increase its water reuse capability. A tertiary treatment plant is an effective solution for promoting water resiliency and sustainability, as well as conserving groundwater resources during periods of drought, by enabling the reuse of treated wastewater for purposes such as agriculture, landscaping, wildlife habitat, and industrial operations.

The Study will evaluate processes and needs and develop a plan detailing critical infrastructure additions and improvements for a tertiary treatment plant and conveyance system capable of distributing recycled water. Tertiary treatment would be a major investment for the City over a 20-year anticipated timeline, including projects such as:
• Side-stream ammonia treatment process (est. $14 million) • Conversion of reactor to biological nutrient removal (BNR) technology (est. $40-70 million) • Conversion of high-purity oxygen system to high-efficiency blower/bubbler system • Installation of tertiary filtration process in final stages of effluent treatment (est. $20-30 million) • Conveyance system to distribute recycled effluent to customers The City will need to acquire federal and state grant and/or loan funding in order to construct these costly projects from agencies such as the US Bureau of Reclamation, the California Department of Water Resources, and the State Water Resources Control Board. A feasibility study is commonly needed for eligibility or competitiveness for many of these grant opportunities.

The City’s grant consultant, Blais & Associates, identified the US Bureau of Reclamation WaterSMART Grant: Water Recycling and Desalination Planning as a potential partial funding opportunity for the Study. The deadline for application is February 28, 2023.

Fiscal Impact:

The total estimated cost of the Water Recycling Feasibility Study is $500,000. Should the City receive the grant funding from the Bureau of Reclamation, this would be divided as $250,000 in grant funds and a 50% local match of $250,000 per the grant requirements. Staff proposes the match be met with $50,000 in staff time as an in-kind contribution and $200,000 from CIP Account No. 981103-65501 (Recurring Plant Projects).

Alternatives:

Do not authorize the Public Works Director to execute the grant documents and direct staff to pursue other means of financing the Study or related projects.

Recommendation:

Adopt a Resolution for the US Bureau of Reclamation WaterSMART Grant Application designating and authorizing the Public Works Director to:

A. Sign, submit, and file an application for a grant agreement with the United States Department of the Interior, Bureau of Reclamation to conduct a comprehensive advanced treatment and recycled water feasibility study.

B. Provide the assurances, certifications, and commitment required for the financial assistance application, including executing all documents in furtherance thereof, including but not limited to a grant or cooperative agreement and any amendments or changes thereto.

C. Represent the City in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.

Attachments:

1. Resolution- BOR Grant Application - WWTF Water Recycling Feasibility Study Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst II
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF YUBA CITY AUTHORIZING THE SUBMISSION

OF A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION, FOR THE 2023 WATERSMART WATER RECYCLING AND

DESALINATION PLANNING GRANT PROGRAM AND AUTHORIZING THE CITY OF YUBA

CITY, PUBLIC WORKS DIRECTORTO EXECUTE A GRANT AGREEMENT WHEREAS, California’s recent, ongoing, and anticipated drought conditions have put “Making Water Conservation a California Way of Life” at the forefront of public water and wastewater utility operations and infrastructure planning for water resiliency and sustainability; and
WHEREAS, the City of Yuba City Public Works Department has identified conversion of its Wastewater Treatment Facility to tertiary treatment as a way to improve effluent quality in order to provide treated recycled water for regional agriculture, landscaping, wildlife habitat, industrial operations, and other non-potable water uses; and WHEREAS, a Water Recycling Feasibility Study is necessary for responsible and effective planning of the construction of tertiary treatment processing and conveyance infrastructure and for eligibility or competitiveness in state and federal funding opportunities; and WHEREAS, the United States Department of the Interior, Bureau of Reclamation released a Funding Opportunity Announcement (NFO: R23AS00076) WaterSMART Grants:

Water Recycling and Desalination Planning for 2023, which could provide funding for said study; and
WHEREAS, the City of Yuba City is a California General Law City and, through its Wastewater Treatment Facility, has the authority to construct, operate, and maintain its wastewater treatment and collection system and is responsible for providing reliable, affordable, and sustainable water and wastewater services; and
WHEREAS, the grant application recommends the adoption of an authorizing resolution designating a representative to sign and file a financial assistance application and all necessary documents related to a grant agreement with the United States Department of the Interior, Bureau of Reclamation; and
WHEREAS, the City of Yuba City, if selected, will enter into a grant agreement with the United States Department of the Interior, Bureau of Reclamation to carry out a project to plan for the City of Yuba City’s advanced treatment and water reuse planning, environmental compliance, and other pre-design activities.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

1. The Public Works Director is hereby authorized and directed to sign, submit, and file, for and on behalf of the City of Yuba City, an application for a grant agreement with the United States Department of the Interior, Bureau of Reclamation to conduct a comprehensive advanced treatment and recycled water feasibility study.

2. The Public Works Director is designated to provide the assurances, certifications, and commitment required for the financial assistance application, including executing all documents in furtherance thereof, including but not limited to a grant or cooperative agreement with the United States Department of the Interior, Bureau of Reclamation and any amendments or changes thereto.

3. The City of Yuba City is capable of providing the matching funding and/or in-kind contributions specified in the grant application funding plan.

4. The City Council of Yuba City has reviewed and supports the application to be submitted to the United States Department of the Interior, Bureau of Reclamation.

5. The City of Yuba City will use reasonable efforts to work with the United States Department of the Interior, Bureau of Reclamation to meet established deadlines for entering into a grant or cooperative agreement.

6. The Public Works Director is designated to represent the City of Yuba City in carrying out the City of Yuba City’s responsibilities under the grant agreement, including certifying disbursement requests on behalf of the City of Yuba City and compliance with applicable state and federal laws.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 21st day of February, 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, LLC

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: February 21, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Appointments to the City of Yuba City Planning Commission and Parks and Recreation Commission
Recommendation: Approve the Recommendations for Appointment of Three (3) Members to the Planning Commission and Two (2) Members to the Parks and Recreation Commission for Four (4) Year Terms respectively
Fiscal Impact: None
Purpose:

To fill scheduled vacancies on the Yuba City Planning Commission and Parks and Recreation Commission.

Council's Strategic Goal:

The City's Boards and Commissions play an important advisory role for the City Council. Their contributions and input contribute to a better overall Quality of Life for the citizens of Yuba City.

Background:

The application and selection process for upcoming vacancies on the Planning Commission and Parks and Recreation Commission are complete. The following appointments are recommended:

Commission Name Term Ending
Planning Commission Justine Gill 02/27/2027
Planning Commission James Nore 02/27/2027
Planning Commission Rupinder Johl Sandhu 02/27/2027
Parks and Recreation
Commission
Staci Howell (Incumbent) 02/27/2027
Parks and Recreation
Commission
Bonnie Pullen (Incumbent) 02/27/2027

Fiscal Impact:

None
Recommendation:

Approve the appointment of Justine Gill, James Nore, and Rupinder Johl Sandhu to the Planning Commission and the re-appointment of Staci Howell and Bonnie Pullen to the Parks and Recreation Commission for four (4) year terms respectively.

Attachments:

None
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: February 21, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Denial of GPA 22-05 and the appeal of RZ 22-06: Gorsi Medical Office Rezone Recommendation: Consistent with Council direction, adopt a Resolution of the City Council of the City of Yuba City denying General Plan Amendment 22-05, and denying the appeal of Rezone 22-06 and upholding the Planning Commission’s decision (Gorsi Medical Office Rezone, 467 Gray Avenue, APN: 52-122-011) Fiscal Impact: No fiscal impact.

Purpose:

Denial of GPA 22-05 and the appeal of RZ 22-06: Gorsi Medical Office Rezone.

Council’s Strategic Goal:

This item implements the Council’s goal of Quality of Life.

Background:

On February 7, 2023 the City Council conducted a duly noted public hearing on GPA 22-05 and the appeal of RZ 22-06. Following the close of the public hearing and Council deliberation, the Council directed staff to continue the matter to the regular meeting on February 21, 2023 and bring forward a Resolution of denial for the project.

Analysis:

The Council provided staff with direction to bring back a Resolution with appropriate findings to deny both GPA 22-05 and RZ 22-06 based on the categories generally identified below. Such a Resolution is now attached to this report for Council consideration, including proposed specific findings based on the General Plan and Municipal Code as noted below and further described in the proposed Resolution.

Residential Housing Shortage
Currently, the community is facing a housing shortage, and the proposed project is inconsistent with the recently adopted 2021-2029 Housing Element Update to the General Plan, which established the following:

• Between 2010 and 2018, the number of households in Yuba City grew by 5 percent (from 21,550 to 22,572), while the number of housing units only increased by 2 percent (from 23,174 to 23,690) (ACS). Average household size remained approximately the same (2.9 in 2010 and

3.0 in 2018) (California Department of Finance).
• In 2018, the homeowner vacancy rate in Yuba City was 1.5 percent and the rental vacancy rate was 3.5 percent (ACS). According to the Yuba-Sutter Economic Development Corporation, in 2018, the region’s vacancy rate was estimated at 8.34 percent, suggesting that housing pressures are higher in Yuba City than in the surrounding region. • Among lower-income households, 70 percent of renters (6,480 households) and 63 percent of owner-occupied households (1,895 households) are overpaying for housing (paying 30 percent or more of their gross monthly income). This indicates a significant need for housing that is affordable to lower-income groups.

Further, the adopted Housing Element found that “Between 2010 and 2017 … the percent of households experiencing any overcrowding went up by two percentage points, from 6 to 8 percent.

Rates of overcrowding may have increased in recent years due to trends in the housing market, such as the influx of population in the area as a result of the Camp Fire in Paradise and increasing housing costs.”
Elimination of existing residential housing as proposed would further reduce existing housing stock and further contribute to the housing shortage, which is not in the public interest or welfare. In contrast, the City currently has relatively ample commercial property available for use.

Incompatibility and Negative Impacts on Surrounding Residential Character and Use The design, location, and operating characteristics of the proposed use are not compatible with the existing and future land uses in the vicinity in terms of aesthetics, character, scale, and use. The entire block where the project is proposed is a residential neighborhood entirely comprised of existing singlefamily homes that have been well-established for multiple decades. The proposal would potentially allow intensive commercial uses including Indoor Sale of New Products, Restaurants (excluding drivethru), and Repair Shops. These commercial uses would lead to a corresponding increase in traffic, lighting, noise, and other activity that is incompatible with the existing residential character and use of the residential neighborhood, and do not support a desirable and stable living environment for the surrounding residential community.

This incompatibility of use is also inconsistent with the overall goals, policies, and objectives of the General Plan including:
• General Policy 3.4-G-2: Promote a balanced land use program that increases the ability of people to live and work in the city
• Implementing Policy 3.4-I-5: Provide a variety of housing in all neighborhoods and reserve sites, where appropriate, for housing types that ensures that Yuba City remains an inclusive, affordable community
• Implementing Policy 3.4-I-7: Promote infill development that maintains the scale and character of established neighborhoods
• Guiding Policy 3.5-G-3: Allow and encourage low-medium density small-lot single-family housing development in new and existing neighborhoods that enable compact development and efficient infill
• Guiding Policy 3.5-G-5: Provide for a transition between higher density and lower density residential areas, and require buffers of varying size between residential uses and nonresidential uses without restricting foot and bicycle access

• Implementing Policy 3.8-I-4: Ensure that neighborhood retail centers and commercial service buildings are compatible with the surrounding neighborhood and with adjacent travel corridors Negative Impacts to Surrounding Residential Uses
If commercial uses were allowed at this location, it would have negative impacts on the existing residential uses and surrounding area. As compared to residential uses, commercial uses are move impactful including light, glare, noise, increased traffic input, etc. Additionally, as compared to residential uses, commercial uses are more likely to attract people experiencing homelessness or other persons that may unlawfully occupy the property during non-business hours. These negative impacts may not only affect the surrounding residential uses, but could have negative effects on students traveling to the nearby school. As such, it is not in the public health, safety, or welfare to approve the project.

Fiscal Impact:

No fiscal impact.

Alternatives:

Provide staff with alternate direction.

Recommendation:

Consistent with Council direction, adopt a Resolution of the City Council of the City of Yuba City denying General Plan Amendment 22-05, and denying the appeal of Rezone 22-06 and upholding the Planning Commission’s decision (Gorsi Medical Office Rezone, 467 Gray Avenue, APN: 52-122-011).

Attachments:

1. Resolution of Denial

2. City Council Staff Report Packet, February 7, 2023

3. Planning Commission Staff Report Packet, September 28, 2022 Prepared By: Submitted By:

Ashley Potočnik
Development Liaison
Diana Langley
City Manager

ATTACHMENT 1

2 RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY DENYING GENERAL PLAN AMENDMENT 22-05, AND DENYING THE APPEAL OF REZONE 22-06 AND UPHOLDING THE PLANNING COMMISSION’S
DECISION, (GORSI MEDICAL OFFICE, 467 GRAY AVENUE, APN: 52-122- 011).

WHEREAS, the applicant has filed an application to amend the General Plan land use designation and Zoning for property located at 467 Gray Avenue, which is currently occupied by a single-family residential building; and
WHEREAS, the following entitlements proposed by the applicant for approval:
• General Plan Amendment 22-05 (to amend the land use designation from Low Density Residential to Neighborhood Commercial)
• Rezone 22-06 (to rezone the property from One Family Residence (R-1) to Neighborhood Commercial (C-1), with the addition of Overlay Zone District X28 with proposed development restrictions)
collectively referred to as the “Project;” and
WHEREAS, the Project is located in a well-established residential neighborhood of singlefamily homes; and WHEREAS, on September 28, 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
WHEREAS, the Planning Commission reviewed all associated documents prepared for the Project and all of the evidence received by the Planning Commission; and WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission recommended denial of General Plan Amendment 22-05 (“GPA 22-05”) to City Council, and the Planning Commission voted to deny Rezone 22-06 (“RZ 22-06”); and WHEREAS, a written notification of the disapproval of Rezone 22-06 was transmitted to the applicant and to the City Council; and
WHEREAS, in accordance with Sec. 8-5.7202, the applicant submitted a timely appeal of the Planning Commission’s denial of Rezone 22-06 to the City Clerk; and WHEREAS, as a result both the Planning Commission recommendation of denial of General Plan Amendment 22-05, and the appeal of Rezone 22-06, are subject to review and a public hearing by the City Council; and
WHEREAS, the City provided notice of the City Council hearing on the matter as required by law; and

3 WHEREAS, on February 7, 2023, the City Council received and reviewed the appeal of the Planning Commission’s decision on Rezone 22-06, as well as the recommendation of denial of General Plan Amendment 22-05, at a duly noticed meeting; and WHEREAS, a public hearing was held, and the opportunity for public comment on the matter was provided; and
WHEREAS, all public testimony and evidence, both written and oral, was considered by the City Council; and
WHEREAS, after considering any public testimony and receiving information provided to date, the City Council closed public testimony and deliberated on the proposed Project, including the appeal, based on the evidence in the administrative record; and WHEREAS, after considering all items before it, the City Council now desires to deny General Plan Amendment 22-05, and to deny the appeal of Rezone 22-06.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Yuba City as follows:

1. Recitals. The City Council finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein.

2. CEQA. Public Resources Code section 21080(b)(5) provides that the California Environmental Quality Act (“CEQA”) does not apply to a project which a public agency rejects or disapproves. As the Project is denied in its entirety, the City Council finds that CEQA is not applicable to this decision.

3. Findings Regarding General Plan Amendment 22-05. The City Council finds that GPA 22-05 is not in the public interest and does not promote public health, safety, and welfare, for reasons including the following:
a. Residential Housing Shortage
Currently, the community of Yuba City is facing a housing shortage. The City Council finds that the GPA 22-05 is inconsistent with the recently adopted 2021-2029 Housing Element Update to the General Plan (“Housing Element”), which established the following:
• Between 2010 and 2018, the number of households in Yuba City grew by 5 percent (from 21,550 to 22,572), while the number of housing units only increased by 2 percent (from 23,174 to 23,690) (ACS). Average household size remained approximately the same (2.9 in 2010 and 3.0 in 2018) (California Department of Finance). • In 2018, the homeowner vacancy rate in Yuba City was 1.5 percent and the rental vacancy rate was 3.5 percent (ACS). According to the Yuba-Sutter Economic Development Corporation, in 2018, the region’s vacancy rate was estimated at 8.34 percent, suggesting that housing pressures are higher in Yuba City than in the surrounding region.
• Among lower-income households, 70 percent of renters (6,480 households) and 63 percent of owner-occupied households (1,895 households) are overpaying for housing

4 (paying 30 percent or more of their gross monthly income). This indicates a significant need for housing that is affordable to lower-income groups. (See Housing Element, p. 2.) Further, the adopted Housing Element found that “Between 2010 and 2017 … the percent of households experiencing any overcrowding went up by two percentage points, from 6 to 8 percent. Rates of overcrowding may have increased in recent years due to trends in the housing market, such as the influx of population in the area as a result of the Camp Fire in Paradise and increasing housing costs.”
Elimination of existing residential housing as proposed by GPA 22-05 would further reduce existing housing stock and further contribute to the housing shortage, which is not in the public interest or welfare. In contrast, the City currently has relatively ample commercial property available for use.
b. Incompatibility with Residential Character and Use
The design, location, and operating characteristics of the proposed use are not compatible with the existing and future land uses in the vicinity in terms of aesthetics, character, scale, and use. The entire block where the Project is proposed is a residential neighborhood entirely comprised of existing single-family homes that have been wellestablished for multiple decades. GPA 22-05, in conjunction with RZ 22-06, would potentially allow intensive commercial uses including Indoor Sale of New Products, Restaurant (excluding drive-thru), and Repair Shops. These commercial uses would lead to a corresponding increase in traffic, lighting, noise, and other activity that is incompatible with the existing residential character and use of the residential neighborhood, and do not support a desirable and stable living environment for the surrounding residential community.

This incompatibility of use is also inconsistent with the overall goals, policies, and objectives of the General Plan including General Policy 3.4-G-2 (Promote a balanced land use program that increases the ability of people to live and work in the city), Implementing Policy 3.4-I-5 (Provide a variety of housing in all neighborhoods and reserve sites, where appropriate, for housing types that ensures that Yuba City remains an inclusive, affordable community), Implementing Policy 3.4-I-7 (Promote infill development that maintains the scale and character of established neighborhoods), Guiding Policy 3.5-G-3 (Allow and encourage low-medium density small-lot singlefamily housing development in new and existing neighborhoods that enable compact development and efficient infill); Guiding Policy 3.5-G-5 (Provide for a transition between higher density and lower density residential areas, and require buffers of varying size between residential uses and non-residential uses without restricting foot and bicycle access); and Implementing Policy 3.8-I-4 (Ensure that neighborhood retail centers and commercial service buildings are compatible with the surrounding neighborhood and with adjacent travel corridors).
c. Negative Impacts on Surrounding Residential Uses
If commercial uses were allowed at this location, it would have negative impacts on the existing residential uses and surrounding area. As compared to residential uses, commercial uses are move impactful including light, glare, noise, increased traffic input, etc. Additionally, as compared to residential uses, commercial uses are more likely to attract people experiencing homelessness or other persons that may unlawfully occupy

5 the property during non-business hours. These negative impacts may not only affect the surrounding residential uses, but could have negative effects on students traveling to the nearby school. As such, it is not in the public health, safety, or welfare to approve the Project.

4. Denial of General Plan Amendment 22-05. For all of the foregoing, the City Council denies GPA 22-05 as the amendment is not in the public interest and does not promote public health, safety, and welfare.

5. Findings Regarding Rezone 22-06. The City Council finds that RZ 22-06 is not in the public interest and does not promote public health, safety, and welfare, for reasons including the following:
a. Inconsistency with General Plan
General Plan Amendment 22-05 was not approved for the Project. As a result, RZ 22- 06 is not consistent with the General Plan as required by Yuba City Code section 8-

5.7202, and must be denied.
b. Negative Impacts to Public Health, Safety, Peach Comfort, Convenience and Welfare For all of the same reasons set forth in Section 3, which is incorporated by reference, RZ 22-06 would negatively impact public health, safety, peace, comfort, convenience, and general welfare.
c. Negative Impacts to Open Space, Light, Air, Privacy, Aesthetic Values, Protection of Environmental Values, and Protection of Public and Private Improvements For all of the same reasons set forth in Section 3, which is incorporated by reference, RZ 22-06 would negatively impact open space, light, air, privacy, convenience of access, aesthetic values, protection of environmental values, and protection of public and private improvements.

6. Appeal Denied. For all the foregoing reasons, and each of them, the City Council finds that there was no substantial evidence submitted into the administrative record that would warrant approval of RZ 22-06. As such, the appeal is denied in its entirety. The City Council also separately and independently denies RZ 22-06 for the same reasons.

7. Effective Date of Resolution. This Resolution shall become effective immediately.

6 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 February 21, 2023 by the following vote:

AYES:

NOES:

ABSENT:
___________________________
Wade Kirchner, Mayor
ATTEST:
_________________________________
Ciara Wakefield, City Clerk Administrator

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
_________________________________
SHANNON CHAFFIN, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

Agenda Item 16

CITY OF YUBA CITY

STAFF REPORT
Date: February 7, 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 General Plan Amendment (GPA) 22-05, the appeal of Rezone (RZ) 22-06, and a Categorical Exemption under CEQA Guideline Section 15301:

Gorsi Medical Office Rezone
Recommendation: A. Conduct a Public Hearing, and:

B. Move to continue the matter regarding General Plan Amendment 22-05, the appeal of Rezone 22-06, and the associated Environmental determination for the project, Gorsi Medical Office Rezone, at 467 Gray Avenue (Assessor’s Parcel Number: 52-122-011) to February 21, 2023, with direction to staff to return with a resolution with appropriate findings consistent with Council direction for final determination of the matter
Fiscal Impact: The appellant has paid the City’s adopted flat fee for appeals which is intended to cover staff costs.

Purpose:

To consider General Plan Amendment 22-05, the appeal of Rezone 22-06, and a Categorical Exemption under CEQA Guideline Section 15301.

Council’s Strategic Goal:

This item implements the Council’s goal of Quality of Life.

Background:

The applicant, Dr. Shamaila Gorsi, filed applications for GPA 22-05 and RZ 22-06, in June 2022.

On September 28, 2022, the Planning Commission conducted a public hearing on this matter. One neighbor spoke in opposition to the project. After closing the public hearing and deliberating, there was not a motion made to act on the applications. Under the Planning Commission’s By-Laws this results in a recommendation of denial for the General Plan amendment and denial of the proposed rezoning.

Concerns expressed by the Commission included compatibility with the existing residential neighborhood, traffic, parking, and the long-term effect of a rezone at this location.

On October 5, 2022, Dr. Shamaila Gorsi appealed the Planning Commission’s action that was timely

received by the City Clerk’s office in accordance with Sec. 8-5.7202 and Sec. 8-8.104-105 of the Yuba City Municipal Code.

Analysis:

General Plan Amendment 22-05 proposes to amend the land use designation of a 0.19-acre parcel from Low Density Residential to Neighborhood Commercial and the appeal of Rezone 22-06 which proposes to rezone the same parcel from One Family Residence (R-1) to Neighborhood Commercial (C-1) District, with the addition of Overlay Zone District X28 that provides additional development restrictions. The applicant proposes to convert the existing single-family home (currently used as a home office) to a medical office. The future conversion of the existing home to a medical office will require a Building Permit, and all C-1 development standards are required to be met consistent with the Yuba City Municipal Code. This includes, but is not limited to, building height, setbacks, lighting, landscaping, parking, signage, trash enclosures, etc.

The proposed X28 Overlay Zone District adds specific criteria for development of the subject parcel including the timing required for a masonry style block wall on the north and east property lines, removal of the existing non-conforming wood fence along Franklin Avenue, and relocation of the existing Yuba-Sutter Transit bus stop located along Gray Avenue adjacent to the property.

The project site is located in south central Yuba City in an area of transition that is surrounded by single and multiple-family residences and commercial uses. All City services, including water, sewer, and storm-water drainage are available to this site.

Appeal:

The appeal cited three grounds (see appellant letter provided as Attachment 1):

1. Regarding traffic and parking concerns, the appellant stated that “the wooden fence that faces Franklin Avenue will be removed in its entirety [which] will allow patients open entry onto the property for parking behind the home. The vehicles can then continue their path towards Gray Avenue and exit into traffic safely. There will be no need for reverse driving to exit the property.”

2. In regard to the long-term effects of the rezone on the residential neighborhood, the appellant stated that “there are no plans to demolish the current home… [The] goal is to beautify the current home that is present with a fresh coat of paint, new siding/windows, and new landscaping with lighting for safety… [The] goal is not to tear down any existing structures or build any new structures that will not fit into the current theme of the neighborhood.”

3. The appellant explained that like many private medical practices, the business will be discreet in order to comply with HIPPA laws. “Patients will come in on an appointment basis to follow up on treatment plans, labs, medication refills, referrals, etc. There will be no more than two (2) patients present at any given time.”
In addition, the appellant provided additional information regarding the proposed medical office use.

Patients will come to the office for appointments, and only routine vaccinations (flu, pneumovax, shingles, etc.) and an emergency crash cart of medications will be stored on site. The medical office will not involve a retail pharmacy or any selling of goods.

Environmental Determination:

City staff have performed a preliminary Environmental Assessment of this project and have determined it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301 (n) because this project involves a negligible expansion of existing facility and will result in the conversion of a singlefamily residence to office use. Furthermore, Staff has determined that none of the exceptions to

Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project.

Fiscal Impact:

The City’s adopted flat fee for appeals has been paid by the appellant and is intended to cover staff costs.

Alternatives:

Provide staff with alternate direction.

Recommendation:

1. Conduct a public hearing, and:

2. Move to continue the matter regarding General Plan Amendment 22-05, the appeal of Rezone 22-06, and the associated Environmental determination for the project, Gorsi Medical Office Rezone, at 467 Gray Avenue (Assessor’s Parcel Number: 52-122-011) to February 21, 2023, with direction to staff to return with a resolution with appropriate findings consistent with Council direction for final determination of the matter.

Attachments:

1. Appeal Letter, Conceptual Site Plan and Site Pictures

2. Planning Commission Staff Report Packet, September 28, 2022 Prepared By: Submitted By:

Ashley Potočnik
Development Liaison
Diana Langley
City Manager

ATTACHMENT 1

ATTACHMENT 2

CITY OF YUBA CITY

PLANNING COMMISSION

STAFF REPORT
Date: September 28, 2022
To: Chair and Members of the Planning Commission
From: Development Services Department
Presentation By: Ashley Potočnik, Development Liaison
Subject: Consideration of General Plan Amendment 22-05 and Rezone 22-06 to rezone 467 Gray Avenue from Single Family Residential (R-1) to Neighborhood Commercial (C-1) X28
Recommendation: A. Conduct a public hearing, and:

B. Adopt a Resolution recommending the City Council of the City of Yuba City adopt an Ordinance to determine the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15301(n), Existing Facilities, and approve General Plan Amendment 22-05 and Rezone 22-06 to rezone 467 Gray Avenue from One Family Residence (R-1) to Neighborhood Commercial (C-1) X28.

Applicant/Owner: Shamaila Gorsi
Project Location: 467 Gray Avenue (APN: 52-122-011)
Project Number: General Plan Amendment 22-05 / Rezone 22-06 General Plan: The site is designated in the General Plan as Low Density Residential, and the proposal is to amend the General Plan to Neighborhood Commercial.

Zoning: The property is within the One Family Residence (R-1) District, and the proposal is to amend the Zoning to Neighborhood Convenience Commercial District (C-1) X28.

Purpose
Consideration of General Plan Amendment 22-05 and Rezone 22-06 to rezone 467 Gray Avenue from Single Family Residential (R-1) to Neighborhood Commercial (C-1) X28.

Project Description
This project is a request to rezone a 0.19-acre parcel from One Family Residence (R-1) to Neighborhood Commercial (C-1) X28 and to convert the existing single-family home to a medical office. Staff proposes to include Overlay Zone District X28.

Planning Commission
September 28, 2022
The X28 Overlay Zone District adds specific criteria for development of the subject parcel including the timing required for a masonry style block wall on the north and east property lines, removal of the existing non-conforming wood fence along Franklin Avenue, and relocation of the existing Yuba-Sutter Transit bus stop located along Gray Avenue adjacent to the property.

Analysis
The project site is located in south central Yuba City in an area of transition that is surrounded by single and multiple-family residences and commercial uses. All City services, including water, sewer, and storm-water drainage are available to this site.

This project request is to amend the General Plan land use designation and Zoning District to Neighborhood Commercial / Neighborhood Convenience Commercial District (C-1) X28. The future conversion of the existing home to a medical office will require a Building Permit, and all C1 development standards are required to be met consistent with the Yuba City Municipal Code.

This includes, but is not limited to, building height, setbacks, lighting, landscaping, parking, signage, trash enclosures, etc.

Environmental Determination
This project is Categorically Exempt from review under the California Environmental Quality Act (CEQA) Guidelines section 15301(n), Existing Facilities, with the basis that this project involves the conversion of a single-family residence to an office use. Furthermore, Staff has determined that none of the exception to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.

Recommended Action:

A. Following a public hearing, the Planning Commission recommends the following findings:

Environmental Finding:

Find that the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15301(n), Existing Facilities.

General Plan Amendment 22-05 / Rezone 22-06 Findings:

Based upon analysis of the Rezone application, staff recommends the Planning Commission recommend the City Council find that General Plan Amendment 22-05 and Rezoning 22-06 i) are consistent with the General Plan goals and policies; ii) are consistent with the purpose of the zoning ordinance to promote and protect the public's health, safety, peace, comfort, convenience and general welfare; and iii) the Project would provide open space, light, air, privacy, convenience of access, aesthetic values, protection of environmental values, and protection of public and private improvements.

B. Adopt a Resolution recommending the City Council of the City of Yuba City adopt an Ordinance to determine the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15301(n), Existing Facilities, and approve General Plan Amendment 22- 05 and Rezone 22-06 to rezone 467 Gray Avenue from One Family Residence (R-1) to Neighborhood Commercial (C-1) X28.

Planning Commission
September 28, 2022
Attachments:

1. Planning Commission Resolution to approve GPA 22-05
Exhibit A: General Plan Amendment 22-05 Map
Exhibit B: Rezone 22-06 Map

2. Location Map

3. X28 Zone District Criteria of Development

ATTACHMENT 1

PC 22-08
RESOLUTION NO. PC 22-08

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF YUBA CITY

RECOMMENDING THE CITY COUNCIL OF THE CITY OF YUBA CITY ADOPT

AN ORDINANCE TO DETERMINE THE PROJECT IS CATEGORICALLY

EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION
15301(N), EXISTING FACILITIES, AND APPROVE GENERAL PLAN AMENDMENT 22-05 AND REZONE 22-06 TO REZONE 467 GRAY AVENUE, APN: 52-122-011
WHEREAS, the applicant has filed an application to amend the General Plan land use designation and Zoning of 467 Gray Avenue that is currently zoned One Family Residential District (R-1); and
WHEREAS, as a result the following entitlement is being considered for approval:
• General Plan Amendment 22-05
• Rezone 22-06; and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, have performed a preliminary environmental assessment of this project and have determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301(n), Existing Facilities.

Furthermore, Staff has determined that none of the exception to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project; and WHEREAS, the City on September 17, 2022, published a legal notice and a public hearing notice was mailed to each property owner within at least 350 feet of the project site in compliance with State law concerning the Planning Commission’s consideration on September 28, 2022; and WHEREAS, on September 28, 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
WHEREAS, the Planning Commission has reviewed all associated documents prepared for the Project and all of the evidence received by the Planning Commission; and WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission now desires to recommend the City Council adopt an Ordinance approving General Plan Amendment 22-05 and Rezone 22-06.

NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Yuba City as follows:

1. Recitals. The Planning Commission hereby specifically finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA Findings: Pursuant to the authority and criteria contained in the California

PC 22-08
Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the proposed project have determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301(n), Existing Facilities. Furthermore, Staff has determined that none of the exception to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project; and

3. Project Findings: The Planning Commission finds that that General Plan Amendment 22-05 and Rezoning 22-06 i) are consistent with the General Plan goals and policies; ii) are consistent with the purpose of the zoning ordinance to promote and protect the public's health, safety, peace, comfort, convenience and general welfare; and iii) the Project would provide open space, light, air, privacy, convenience of access, aesthetic values, protection of environmental values, and protection of public and private improvements.

4. Recommendation of Approval of General Plan Amendment 22-05: Based on the information provided above, the Planning Commission recommends to the City Council of Yuba City adopt an Ordinance approving General Plan Amendment 22-05 and reclassify the land use for that parcel as depicted in Exhibit “A,” as shown on the land use map of the City of Yuba City from Low Density Residential to Neighborhood Commercial.

5. Recommendation of Approval of Rezone 22-06: Based on the information provided above, the Planning Commission recommends to the City Council of Yuba City adopt an Ordinance approving General Plan Amendment 22-05 and Rezone 22-06 and reclassify the zone district for those districts as depicted in Exhibit “B,” as shown on the zoning map of the City of Yuba City from One Family Residence (R-1) to Neighborhood Convenience Commercial (C-1) X28.

6. Effective Date of Resolution. This Resolution shall become effective immediately.

The foregoing Resolution was duly and regularly introduced, passed and adopted by the Planning Commission of the City of Yuba City at a regular meeting thereof held on September 28, 2022 by the following vote:

Ayes:

Noes:

Absent:

Recused:

By order of the Planning Commission of the City of Yuba City.

Michele Blake, Planning Commission Chair
ATTEST:

Benjamin Moody, Secretary to the Planning Commission
Exhibit A: General Plan Amendment 22-05 Map
Exhibit B: Rezone 22-06 Map

EXHIBIT A

GRAY AVE

BROWN AVE

FRANKLIN RD

MARILYN AVE

THOMPSON AVE

MC COLLUM AVE

GRAY AVE

BROWN AVE

FRANKLIN RD

MARILYN AVE

THOMPSON AVE

MC COLLUM AVE
I!
Gorsi Medical (GPA 22-05 and RZ 22-06) Gorsi Medical (GPA 22-05 and RZ 22-06) Bird Street General Plan Land Use Map General Plan Land Use Map
Existing Land Use Designation Proposed Land Use Designation Legend
Gorsi Project Site
Neighborhood Commercial
Medium/Low Density Residential
Medium/High Density Residential
Low Density Residential

EXHIBIT B

GRAY AVE

BROWN AVE

FRANKLIN RD

MARILYN AVE

THOMPSON AVE

MC COLLUM AVE
R-1
R-3
C-1

GRAY AVE

BROWN AVE

FRANKLIN RD

MARILYN AVE

THOMPSON AVE

MC COLLUM AVE
R-1
R-3
R-3
C-1
I!
Gorsi Medical (GPA 22-05 and RZ 22-06) Gorsi Medical (GPA 22-05 and RZ 22-06) Bird Street Zoning Map Zoning Map
C-1
Existing Zoning Proposed Zoning
R-1

ATTACHMENT 2

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

GRAY AVE

FRANKLIN RD

THOMPSON AVE

MC COLLUM AVE
Gorsi Medical Location Map Gorsi Medical Location Map
General Plan Amendment (GPA) 22-05, Rezone (RZ) 22-06 General Plan Amendment (GPA) 22-05, Rezone (RZ) 22-06 Project Site

I!
ATTACHMENT 3

YUBA CITY
X28 Overlay District
Gorsi Medical (GPA 22-05, RZ 22-06)
X28 Area: This overlay zone applies to 467 Gray Avenue, Assessor’s Parcel Number 52-122-011.
1) A 0.19-acre parcel located at the northeast corner of Gray Avenue and Franklin Avenue. The parcel has direct frontage onto Gray Avenue. The site is identified as Assessor’s parcel number 52-122-011.

Criteria for Development

1. A masonry wall as outlined in Sec. 8-5.5905 of the Yuba City Municipal Code shall be required when the use is expanded or increased beyond a medical office.

2. The Developer shall coordinate with Public Works to relocate the existing transit sign/speed limit sign. In addition, an easement shall be dedicated to the City of Yuba City for the future construction of a Yuba Sutter Transit bus stop.

3. The existing non-conforming wooden fence along Franklin Avenue shall be removed when the residence is converted to a medical office.

4. Additional environmental review may be required when the use is expanded or increased beyond a medical office.

X28 Overlay District was approved in conjunction with General Plan Amendment (GPA) 22-05 and Rezone (RZ) 22-06, City Council Meeting Month Day, 2022, Ordinance #XXXXX

ATTACHMENT 3

CITY OF YUBA CITY

PLANNING COMMISSION

STAFF REPORT
Date: September 28, 2022
To: Chair and Members of the Planning Commission
From: Development Services Department
Presentation By: Ashley Potočnik, Development Liaison
Subject: Consideration of General Plan Amendment 22-05 and Rezone 22-06 to rezone 467 Gray Avenue from Single Family Residential (R-1) to Neighborhood Commercial (C-1) X28
Recommendation: A. Conduct a public hearing, and:

B. Adopt a Resolution recommending the City Council of the City of Yuba City adopt an Ordinance to determine the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15301(n), Existing Facilities, and approve General Plan Amendment 22-05 and Rezone 22-06 to rezone 467 Gray Avenue from One Family Residence (R-1) to Neighborhood Commercial (C-1) X28.

Applicant/Owner: Shamaila Gorsi
Project Location: 467 Gray Avenue (APN: 52-122-011)
Project Number: General Plan Amendment 22-05 / Rezone 22-06 General Plan: The site is designated in the General Plan as Low Density Residential, and the proposal is to amend the General Plan to Neighborhood Commercial.

Zoning: The property is within the One Family Residence (R-1) District, and the proposal is to amend the Zoning to Neighborhood Convenience Commercial District (C-1) X28.

Purpose
Consideration of General Plan Amendment 22-05 and Rezone 22-06 to rezone 467 Gray Avenue from Single Family Residential (R-1) to Neighborhood Commercial (C-1) X28.

Project Description
This project is a request to rezone a 0.19-acre parcel from One Family Residence (R-1) to Neighborhood Commercial (C-1) X28 and to convert the existing single-family home to a medical office. Staff proposes to include Overlay Zone District X28.

Planning Commission
September 28, 2022
The X28 Overlay Zone District adds specific criteria for development of the subject parcel including the timing required for a masonry style block wall on the north and east property lines, removal of the existing non-conforming wood fence along Franklin Avenue, and relocation of the existing Yuba-Sutter Transit bus stop located along Gray Avenue adjacent to the property.

Analysis
The project site is located in south central Yuba City in an area of transition that is surrounded by single and multiple-family residences and commercial uses. All City services, including water, sewer, and storm-water drainage are available to this site.

This project request is to amend the General Plan land use designation and Zoning District to Neighborhood Commercial / Neighborhood Convenience Commercial District (C-1) X28. The future conversion of the existing home to a medical office will require a Building Permit, and all C1 development standards are required to be met consistent with the Yuba City Municipal Code.

This includes, but is not limited to, building height, setbacks, lighting, landscaping, parking, signage, trash enclosures, etc.

Environmental Determination
This project is Categorically Exempt from review under the California Environmental Quality Act (CEQA) Guidelines section 15301(n), Existing Facilities, with the basis that this project involves the conversion of a single-family residence to an office use. Furthermore, Staff has determined that none of the exception to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.

Recommended Action:

A. Following a public hearing, the Planning Commission recommends the following findings:

Environmental Finding:

Find that the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15301(n), Existing Facilities.

General Plan Amendment 22-05 / Rezone 22-06 Findings:

Based upon analysis of the Rezone application, staff recommends the Planning Commission recommend the City Council find that General Plan Amendment 22-05 and Rezoning 22-06 i) are consistent with the General Plan goals and policies; ii) are consistent with the purpose of the zoning ordinance to promote and protect the public's health, safety, peace, comfort, convenience and general welfare; and iii) the Project would provide open space, light, air, privacy, convenience of access, aesthetic values, protection of environmental values, and protection of public and private improvements.

B. Adopt a Resolution recommending the City Council of the City of Yuba City adopt an Ordinance to determine the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15301(n), Existing Facilities, and approve General Plan Amendment 22- 05 and Rezone 22-06 to rezone 467 Gray Avenue from One Family Residence (R-1) to Neighborhood Commercial (C-1) X28.

Planning Commission
September 28, 2022
Attachments:

1. Planning Commission Resolution to approve GPA 22-05
Exhibit A: General Plan Amendment 22-05 Map
Exhibit B: Rezone 22-06 Map

2. Location Map

3. X28 Zone District Criteria of Development

ATTACHMENT 1

PC 22-08
RESOLUTION NO. PC 22-08

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF YUBA CITY

RECOMMENDING THE CITY COUNCIL OF THE CITY OF YUBA CITY ADOPT

AN ORDINANCE TO DETERMINE THE PROJECT IS CATEGORICALLY

EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION
15301(N), EXISTING FACILITIES, AND APPROVE GENERAL PLAN AMENDMENT 22-05 AND REZONE 22-06 TO REZONE 467 GRAY AVENUE, APN: 52-122-011
WHEREAS, the applicant has filed an application to amend the General Plan land use designation and Zoning of 467 Gray Avenue that is currently zoned One Family Residential District (R-1); and
WHEREAS, as a result the following entitlement is being considered for approval:
• General Plan Amendment 22-05
• Rezone 22-06; and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, have performed a preliminary environmental assessment of this project and have determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301(n), Existing Facilities.

Furthermore, Staff has determined that none of the exception to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project; and WHEREAS, the City on September 17, 2022, published a legal notice and a public hearing notice was mailed to each property owner within at least 350 feet of the project site in compliance with State law concerning the Planning Commission’s consideration on September 28, 2022; and WHEREAS, on September 28, 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
WHEREAS, the Planning Commission has reviewed all associated documents prepared for the Project and all of the evidence received by the Planning Commission; and WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission now desires to recommend the City Council adopt an Ordinance approving General Plan Amendment 22-05 and Rezone 22-06.

NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Yuba City as follows:

1. Recitals. The Planning Commission hereby specifically finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA Findings: Pursuant to the authority and criteria contained in the California

PC 22-08
Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the proposed project have determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301(n), Existing Facilities. Furthermore, Staff has determined that none of the exception to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project; and

3. Project Findings: The Planning Commission finds that that General Plan Amendment 22-05 and Rezoning 22-06 i) are consistent with the General Plan goals and policies; ii) are consistent with the purpose of the zoning ordinance to promote and protect the public's health, safety, peace, comfort, convenience and general welfare; and iii) the Project would provide open space, light, air, privacy, convenience of access, aesthetic values, protection of environmental values, and protection of public and private improvements.

4. Recommendation of Approval of General Plan Amendment 22-05: Based on the information provided above, the Planning Commission recommends to the City Council of Yuba City adopt an Ordinance approving General Plan Amendment 22-05 and reclassify the land use for that parcel as depicted in Exhibit “A,” as shown on the land use map of the City of Yuba City from Low Density Residential to Neighborhood Commercial.

5. Recommendation of Approval of Rezone 22-06: Based on the information provided above, the Planning Commission recommends to the City Council of Yuba City adopt an Ordinance approving General Plan Amendment 22-05 and Rezone 22-06 and reclassify the zone district for those districts as depicted in Exhibit “B,” as shown on the zoning map of the City of Yuba City from One Family Residence (R-1) to Neighborhood Convenience Commercial (C-1) X28.

6. Effective Date of Resolution. This Resolution shall become effective immediately.

The foregoing Resolution was duly and regularly introduced, passed and adopted by the Planning Commission of the City of Yuba City at a regular meeting thereof held on September 28, 2022 by the following vote:

Ayes:

Noes:

Absent:

Recused:

By order of the Planning Commission of the City of Yuba City.

Michele Blake, Planning Commission Chair
ATTEST:

Benjamin Moody, Secretary to the Planning Commission
Exhibit A: General Plan Amendment 22-05 Map
Exhibit B: Rezone 22-06 Map

EXHIBIT A

G
RAY
AVE
B
R
O
W
N
AVE

FRANKLIN RD

MARILYN AVE

THOMPSON AVE

MC COLLUM AVE
G
RAY
AVE
B
R
O
W
N
AVE

FRANKLIN RD

MARILYN AVE

THOMPSON AVE

MC COLLUM AVE
I!
Bird Street
Gorsi Medical (GPA 22-05 and RZ 22-06)
General Plan Land Use Map
Existing Land Use Designation Proposed Land Use Designation Legend
Gorsi Project Site
Neighborhood Commercial
Medium/Low Density Residential
Medium/High Density Residential
Low Density Residential

EXHIBIT B

G
RAY
AVE
B
R
O
W
N
AVE

FRANKLIN RD

MARILYN AVE

THOMPSON AVE

MC COLLUM AVE
R-1
R-3
C-1
G
RAY
AVE
B
R
O
W
N
AVE

FRANKLIN RD

MARILYN AVE

THOMPSON AVE

MC COLLUM AVE
R-1
R-3
R-3
C-1
I!
Bird Street
Gorsi Medical (GPA 22-05 and RZ 22-06)
Zoning Map
C-1
Existing Zoning Proposed Zoning
R-1

ATTACHMENT 2

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

FRANKLIN RD

THOMPSON AVE

MC COLLUM AVE
Gorsi Medical Location Map
General Plan Amendment (GPA) 22-05, Rezone (RZ) 22-06
Project Site

I!
ATTACHMENT 3

YUBA CITY
X28 Overlay District
Gorsi Medical (GPA 22-05, RZ 22-06)
X28 Area: This overlay zone applies to 467 Gray Avenue, Assessor’s Parcel Number 52-122-011.
1) A 0.19-acre parcel located at the northeast corner of Gray Avenue and Franklin Avenue. The parcel has direct frontage onto Gray Avenue. The site is identified as Assessor’s parcel number 52-122-011.

Criteria for Development

1. A masonry wall as outlined in Sec. 8-5.5905 of the Yuba City Municipal Code shall be required when the use is expanded or increased beyond a medical office.

2. The Developer shall coordinate with Public Works to relocate the existing transit sign/speed limit sign. In addition, an easement shall be dedicated to the City of Yuba City for the future construction of a Yuba Sutter Transit bus stop.

3. The existing non-conforming wooden fence along Franklin Avenue shall be removed when the residence is converted to a medical office.

4. Additional environmental review may be required when the use is expanded or increased beyond a medical office.

X28 Overlay District was approved in conjunction with General Plan Amendment (GPA) 22-05 and Rezone (RZ) 22-06, City Council Meeting Month Day, 2022, Ordinance #XXXXX

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: February 21, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Kathy Willis
Summary
Subject: DWR 2022 Urban Community Drought Relief Grant Program Recommendation: A. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents associated with Department of Water Resources 2022 Urban Community Drought Relief Grant Program for the Cityowned Property Turf Replacement Project on behalf of the City B. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents associated with Department of Water Resources 2022 Urban Community Drought Relief Grant Program for the Commercial Property Turf Replacement Rebate Program on behalf of the City C. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents associated with Department of Water Resources 2022 Urban Community Drought Relief Grant Program for the Every Drop Counts Rebate and Education Program Expansion on behalf of the City Fiscal Impact: Staff time associated with grant administration Purpose:

To acquire grant funds for City and commercial drought resilient turf replacement and water conservation and education programs for water customers.

Council’s Strategic Goal:

This item addresses Council’s Strategic Goals of Business Friendly and Fiscal Responsibility by seeking alternative sources of funding for programs and projects that support the City, commercial businesses, and residential water customers in mitigating short-and long-term drought impacts.

Background:

Recent, ongoing, and anticipated droughts across California have required California water suppliers to focus on “Making Water Conservation a California Way of Life.” The City is particularly vulnerable to drought conditions, as 90% of the City’s water supply is surface water from the Feather River. A key part of navigating the uncertain water supply future is reduced water usage by residential, commercial, industrial, and institutional customers. Current and anticipated legislation has restricted “non-functional

turf” for Commercial, Industrial, and Institutional (CII) customers.

To support and reduce the financial burden of these efforts, the Department of Water Resources (DWR) has created grant programs for local agencies. In 2021, the City secured $6.5 million in funding from the Urban Community Drought Relief Grant Program (Program) for an Aquifer Storage Recovery Well at the Water Treatment Plant. Another competitive round of the Program has been issued for 2022/2023.

Analysis:

The City’s grant consultant, Blais & Associates, and Public Works and Parks staff have identified the replacement of non-functional turf at six (6) City-owned properties, a CII turf replacement program, and an expansion of the City’s Every Drop Counts water conservation education and rebate program as qualifying projects for the Program.

Factors for selecting these projects include:
• City-owned Property Turf Replacement Project
o City sets the example for water-efficient landscaping and non-functional turf conversion o Proposed properties for the replacement project:
▪ City Hall
▪ Water Treatment Plant
▪ Wastewater Treatment Facility
▪ Holly Tree Park
▪ Kingwood Park
▪ Shanghai Garden Park
o Substantial water savings calculated at all six (6) locations • Commercial Property Turf Replacement Rebate Program
o Mitigate the financial burden in the event of legislation requiring non-functional turf replacement by CIIs
o Proposed rebate is up to $5 per square foot on a first-come, first-served basis • Every Drop Counts Rebate and Education Program Expansion o Continue and expand water conservation education, outreach, and rebate programs for residential and commercial customers
o Expanded program offerings may include rebates for new indoor and outdoor fixtures; multimedia educational materials including videos, printed guides, and kits; and inperson outreach through water audits, group workshops, and/or large community event presence
o $75,000 budgeted for water conservation in Water Treatment Plant operating budget for Fiscal Year 22/23, which could be fully or partially redirected for other increased needs such as chemicals, labor, and energy
These projects are particularly applicable for the Program, as the current competitive round encourages water conservation and non-functional turf replacement assistance projects for underrepresented communities and tribes.

Fiscal Impact:

Staff intends to apply for a total of $3.1 million for the combined three projects:

A. $2,500,000 – City-owned Property Turf Replacement Project B. $500,000 – Commercial Property Turf Replacement Rebate Program

C. $100,000 – Every Drop Counts Rebate and Education Program Expansion While the grant program specifies a minimum $3 million award plus a 25% local agency match, the City has applied as a Disadvantaged Community per the results of the 2020 census, which would eliminate the local match requirement. Should the City’s request be denied, there would be insufficient funding in the water enterprise fund to meet the 25% match requirement for the City-owned Property Turf Replacement Project and the Commercial Property Turf Replacement Rebate Program, and therefore the Public Works-Development Services Department would not move forward with those projects.

Alternatives:

Do not authorize the Public Works Director to execute the grant documents and do not move forward with one or more of the projects.

Recommendation:

A. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents associated with Department of Water Resources 2022 Urban Community Drought Relief Grant Program for the City-owned Property Turf Replacement Project on behalf of the City.

B. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents associated with Department of Water Resources 2022 Urban Community Drought Relief Grant Program for the Commercial Property Turf Replacement Rebate Program on behalf of the City.

C. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents associated with Department of Water Resources 2022 Urban Community Drought Relief Grant Program for the Every Drop Counts Rebate and Education Program Expansion on behalf of the City.

Attachments:

1. Resolution 1 - City Turf Replacement Project

2. Resolution 2 - Commercial Turf Replacement Rebate

3. Resolution 3 - Water Conservation Program
Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst II
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE

CITY-OWNED PROPERTY TURF REPLACEMENT PROJECT
WHEREAS, the City of Yuba City proposes to implement the City-owned Property Turf Replacement Project; and
WHEREAS, the City-owned Property Turf Replacement Project is being implemented in response to a drought scenario, as defined by Water Code Section 13198(a), and is intended to:
(1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; and/or (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies; and WHEREAS, the City of Yuba City has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the City of Yuba City intends to apply for grant funding from the California Department of Water Resources for the City-owned Property Turf Replacement Project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

1. That pursuant and subject to all of the terms and provisions of Budget Act of 2021, the City of Yuba City Public Works Director or designee is hereby authorized and directed to prepare and file an application for funding with the Department of Water Resources and take such other actions as necessary or appropriate to obtain grant funding.

2. The City of Yuba City Public Works Director or designee is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto.

3. The City of Yuba City Public Works Director or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.

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 21st day of February, 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

ATTACHMENT 2

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE

COMMERCIAL PROPERTY TURF REPLACEMENT REBATE PROGRAM
WHEREAS, the City of Yuba City proposes to implement the Commercial Property Turf Replacement Rebate Program; and
WHEREAS, the Commercial Property Turf Replacement Rebate Program is being implemented in response to a drought scenario, as defined by Water Code Section 13198(a), and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; and/or (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies; and WHEREAS, the City of Yuba City has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the City of Yuba City intends to apply for grant funding from the California Department of Water Resources for the Commercial Property Turf Replacement Rebate Program Project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

1. That pursuant and subject to all of the terms and provisions of Budget Act of 2021, the City of Yuba City Public Works Director or designee is hereby authorized and directed to prepare and file an application for funding with the Department of Water Resources and take such other actions as necessary or appropriate to obtain grant funding.

2. The City of Yuba City Public Works Director or designee is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto.

3. The City of Yuba City Public Works Director or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.

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 21st day of February, 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

ATTACHMENT 3

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE

EVERY DROP COUNTS REBATE AND EDUCATION PROGRAM EXPANSION WHEREAS, the City of Yuba City proposes to implement the Every Drop Counts Rebate and Education Program Expansion; and
WHEREAS, the Yuba City Every Drop Counts Rebate and Education Program Expansion is being implemented in response to a drought scenario, as defined by Water Code Section 13198(a), and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; and/or (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies; and WHEREAS, the City of Yuba City has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the City of Yuba City intends to apply for grant funding from the California Department of Water Resources for the Yuba Every Drop Counts Rebate and Education Program Expansion.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

1. That pursuant and subject to all of the terms and provisions of Budget Act of 2021, the City of Yuba City Public Works Director or designee is hereby authorized and directed to prepare and file an application for funding with the Department of Water Resources and take such other actions as necessary or appropriate to obtain grant funding.

2. The City of Yuba City Public Works Director or designee is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto.

3. The City of Yuba City Public Works Director or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.

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 21st day of February, 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

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: February 21, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Abandoned Railroad Corridor Feasibility Study (Adoption) Recommendation: Adopt a Resolution which adopts the Abandoned Railroad Corridor Feasibility Study
Fiscal Impact: Potential future grant funds for acquisition, design, environmental remediation, and construction of the proposed Class I trail, through the use of the Abandoned Railroad Corridor Feasibility Study.

Purpose:

To extend the City’s pedestrian and bicycle facilities throughout the abandoned railroad corridor, creating a more accessible and connected active transportation network.

Council Strategic Goal:

Adopting the Abandoned Railroad Corridor Feasibility Study addresses Council’s Strategic Goal of Infrastructure, as the adoption of this Study will provide guidance for the expansion of the active transportation network.

Background:

In October 2019, the Public Works Department applied for a Caltrans Sustainable Transportation Planning Sustainable Communities Grant to secure funding for a Feasibility Study (Study). The purpose of the Study is to allow the City to determine the feasibility of converting the existing railroad right of way between Harter Parkway and Plumas Street to a bike/pedestrian path, and provide conceptual design alternatives for future grant applications. In June 2020, the City was notified that it was awarded $200,000 in grant funding for the Study.

In November 2020, the City entered into a Restricted Grant Agreement with the California Department of Transportation (Caltrans) to receive funds for the Study. The City issued a Request for Proposals on September 27, 2021, with a deadline for submittals of October 28, 2021.

On December 21, 2021, City Council awarded a Professional Services Agreement to Dokken Engineering (Dokken) to develop the Study.

Analysis:

Throughout 2022, Dokken performed public outreach, audited the abandoned railroad corridor’s existing physical and environmental conditions, determined the cost of the corridor’s acquisition from its current owner, Union Pacific Railroad Company (UPRR), and created various sets of cost estimates for construction of a Class I shared-use path along the 2.3-mile corridor. The Study also analyzed options for bicycle-pedestrian connectivity from Plumas Street to the Feather River Levee trail, which would ultimately allow trail users to travel from Sutter on the west end of the trail, to Marysville on the east end. The results of the information collected through the aforementioned processes have been consolidated into the Abandoned Railroad Corridor Feasibility Study (Attachment 1, Exhibit A).

The Study determined that the conversion of the UPRR corridor was feasible, and recommended two alternatives: one alternative constructing an 18-foot-wide asphalt concrete (AC) trail throughout the entire corridor, and the other alternative constructing an 18-foot-wide trail with 12 feet of the trail width being AC for cyclists, and 6 feet of the width being a concrete sidewalk for pedestrians. The preferred alternative was the AC/concrete option that consists of the following project scope:
• 18-foot wide trail:
o 12 feet of trail width of AC, consisting of two 6-foot bike lanes o 6 feet of trail width of concrete, creating a 6-foot wide sidewalk for pedestrians, and separating pedestrians from cyclists
• Pedestrian overcrossing at the intersection of Stabler Lane and State Route 20, and another pedestrian overcrossing at State Route 99
• Safety improvements:
o High Intensity Activated Crosswalk (HAWK) signals, curb ramp and sidewalk bulb-outs and improvements at Tharp Road
o HAWK signals, curb ramp and sidewalk improvements, and pedestrian refuge island improvements at Gray Avenue and Clark Avenue Intersections o Rectangular Rapid Flashing Beacons (RRFBs), curb ramp, sidewalk, and pedestrian refuge island improvements at Cooper Avenue
o Various striping and signage improvements along the entire corridor • Feather River Levee Trail Connection
o Modification of striping along Plumas Street, south of Bridge Street, to upgrade from Class III to Class II bicycle lanes
Based on the Study, the estimated total project cost is $70,100,000:

Phase Cost
Preliminary Engineering $7,032,000
Right of Way/Acquisition $7,766,400
Environmental/Remediation $8,055,000
Construction $50,218,500
Construction Support $7,553,300
The environmental and remediation costs were gathered based on previous soil analysis of the railroad corridor. The full extent of contamination within the corridor and potential required remediation is currently still an unknown, and may impact acquisition and remediation costs.

Staff will use the recommendations of this Study to strategically apply for grant funding through eligible

grant programs such as the Active Transportation Program (ATP), Congestion Mitigation & Air Quality Improvement Program (CMAQ), Transportation Recreational Trails Program, and others. Due to the size and cost of this project, the entire corridor will be broken into multiple phases, such that the City’s grant applications will be competitive with other agencies.

Fiscal Impact:

The City was awarded a Sustainable Communities Competitive Grant through the California Department of Transportation (Caltrans). The grant award amount was $200,000, with a local match of $25,912, resulting in a total project cost of $225,912. City staff is currently working to complete final reimbursement and closeout of the grant with Caltrans.

There is no direct cost associated with adopting the Abandoned Railroad Corridor Feasibility Study.

The City will be able to leverage the Study to competitively compete for grant funding to acquire, design, remediate, and construct the Class I trail.

Alternatives:

1. Do not adopt the Abandoned Railroad Corridor Feasibility Study. This may compromise future grant funding opportunities.

2. Request modifications to be made to the Abandoned Railroad Corridor Feasibility Study. This will incur additional costs from Dokken, and may affect grant funding opportunities.

Attachments:

1. Attachment 1 - Resolution

2. Exhibit A - Feasibility Study

3. Attachment 2 - Project Overview Exhibit
Prepared By: Submitted By:

Josh Wolffe
Associate Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

ADOPTING THE ABANDONED RAILROAD CORRIDOR FEASIBILITY STUDY WHEREAS, the California Department of Transportation has awarded the City funding in the amount of $200,000 for the Feasibility Study for Abandoned Railroad Corridor (Study); and
WHEREAS, staff awarded a Professional Services Agreement to Dokken Engineering for the development of the Study; and
WHEREAS, the study will provide strategic guidance for the creation of competitive grant applications to fund design, acquisition, environmental remediation, and construction of the shared-use trail through Yuba City; and WHEREAS, it has been determined by the City Council that such provisions are in the public interest.

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

Section 1. The City Council of the City of Yuba City adopts the “Abandoned Railroad Corridor Feasibility Study” attached as Exhibit A.

Section 2. This Resolution shall take effect immediately 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 21st day of February, 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. Abandoned Railroad Corridor Feasibility Study

EXHIBIT A

Abandoned Railroad Corridor
Feasibility Study
February 10, 2023

Abandoned Railroad Corridor Feasibility Study
Page i
Executive Summary
The City of Yuba (City) has coordinated the preparation of this Feasibility Study to investigate converting

2.3 miles of an abandoned Union Pacific Railroad (UPRR) corridor into a muti-use pathway. The Feasibility Study has determined the viability and cost of a multi-use path conversion. The completion of the study has put the project in good positioning to proceed to preliminary engineering and receive public funding.

Purpose and Goals
The three main goals of the multi-use path project are:
 Transportation Equity
 VMT Reduction
 Community Engagement
Converting the abandoned UPRR corridor provides an opportunity to take what is currently a blight to the City and residents and create an aesthetically pleasing centralized trail, providing connectivity and equity throughout the City for a variety of uses.

Outcome of Study
The study evaluated converting 2.3 miles of abandoned UPRR right of way to a multi-use path. The multiuse path would provide a safe pedestrian and bicycle infrastructure gap closure from Harter Parkway to the Feather River Levee Path. This gap closure would allow for safe pedestrian and bicycle travel to many destinations between the Town of Sutter on the west end, and the City of Marysville on the east end. The total cost of the project was estimated at $67 - $70 million depending on specific project attributes. See Section 4 for more details on Cost Estimates. The recommended project alternatives are discussed below.

Note: For larger Project Overview exhibit, see Figure 4 in report.

Abandoned Railroad Corridor Feasibility Study
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Recommendations
The study evaluated several path alternative components under the umbrella of two main path alignments.

The two alignments studied were Alignment 1 with Civic Center Improvements and Alignment 2 without Civic Center Improvements. The Civic Center Improvements are part of the proposed SR 20/SR 99 Interchange which completed project initiation in 2016 with an approved PSR-PDS document. While both alignments were studied to give the City as much data as possible to move forward, it is the recommendation of this study that the City proceed with Alignment 1, the path alignment with Civic Center Improvements.

The proposed SR 20/SR 99 interchange will almost certainly be constructed well within the lifetime of the proposed path structures. As these are multi-million dollar structures, it is in the City's best interest to design the structures to tie into the SR 20/SR 99 and Civic Center Improvements project.

For each path alignment the study evaluated different typical section options, grade separated crossing options, and gap closure to the Feather River Levee Path options. The top two recommended alternative combinations are shown in the table below.

Alternative Ranking
Path Alternative Options
Cost*
Key
Benefits
Ranking
Alignment Typical
Section
Feather River
Levee Path
Gap Closure
Grade
Separations
Alignment 1
(with Civic
Center)
12-foot width
HMA, 6-foot
width
Concrete
Alt 1
Overcrossing
@ Stabler
Ln/SR 20 and
at SR 99
$70,100,000
• Alignment 1 fits with future
improvements
• Concrete ped path provides visual
delineation between peds and bikes
and received positive public
feedback.
• Alt 1 Downtown Alternative is the
gap closure option that received most
positive feedback from public and
has a favorable LTS score.
• Overcrossings (OCs) are
recommended over Undercrossings
(UCs) due to safety and maintenance
issues presented by the tunnel effect
of UCs.
1 Alignment 1
(with Civic
Center)
18-foot width
HMA Alt 1
Overcrossing
@ Stabler
Ln/SR 20 and
at SR 99
$67,300,000
• Alignment 1 fits with future
improvements
• Full HMA width path is cost
effective and reduces maintenance
costs.
• Alt 1 Downtown Alternative is the
gap closure option that received most
positive feedback from public and
has a favorable LTS score
• OCs are recommended over UCs due
to safety and maintenance issues
presented by the tunnel effect of UCs.
2 *Costs include: PSR, PA&ED, PS&E, ROW, and Construction The City should proceed to Preliminary Engineering with the top two recommended alternatives. The City should also monitor grant programs for eligibility and opportunity; and remain flexible and ready to highlight different aspects of the project to meet the requirements of available funding sources.

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Table of Contents

1. Introduction........................................................................................................1

1.1. Purpose and Goals.........................................................................................................................1

1.2. Existing Conditions of Corridor....................................................................................................1

1.3. Needs and Deficiencies.................................................................................................................1

1.4. Corridor Vision .............................................................................................................................2

2. Project Scoping ..................................................................................................3

2.1. Existing Plans and Information.....................................................................................................3

2.2. Corridor Inventory and Analysis...................................................................................................3

2.3. Stakeholder Outreach and Engagement ........................................................................................3

3. Project Alternatives...........................................................................................7

3.1. Alternative Concepts.....................................................................................................................7

3.2. Right of Way and Environmental Assessments..........................................................................32

4. Cost Estimates..................................................................................................34

4.1. Methodologies.............................................................................................................................34

4.2. Project Assumptions ...................................................................................................................36

4.3. Cost Estimate Summaries...........................................................................................................37

5. Project Development Process .........................................................................40

6. Funding.............................................................................................................42

6.1. Funding Outlook: Opportunities and Challenges........................................................................42

6.2. Funding Strategies ......................................................................................................................42

7. Attachments......................................................................................................43 Attachment A: Yuba-Sutter County Regional Bike Path and Trail Exhibit Attachment B: Public Outreach & Engagement Materials
Attachment C: Civic Center Improvement Plans
Attachment D: Structure Advance Planning Studies
Attachment E: Cost Estimate Backups
Attachment F: Preliminary Right of Way Maps

Abandoned Railroad Corridor Feasibility Study

1. Introduction

1.1.Purpose and Goals
The City of Yuba (City) has coordinated the preparation of this Feasibility Study to investigate converting

2.3 miles of an abandoned Union Pacific Railroad (UPRR) corridor into a muti-use pathway. The Feasibility Study will determine the viability and cost of a multi-use path conversion. The completion of the study will put the project in good positioning to proceed to preliminary engineering and receive public funding.

By completing the railroad corridor conversion the City hopes to improve transportation equity, reduce VMT, and engage the community.

1.2.Existing Conditions of Corridor
The City shares a Class I path, the Sutter Bike Path, with Sutter County. The Sutter Bike Path begins in the Town of Sutter and extends east along a former UPRR corridor to end at Hooper Road in northwest Yuba City. The City's Sutter Bike Path Gap Closure project is currently in the design phase and will extend the Sutter Bike Path to Harter Parkway. The Sutter Bike Path will also connect to the proposed Didar S. Bains Park. The construction of Didar S. Bains Park is expected to be completed in Summer of 2023 while the Sutter Bike Path Gap Closure project is expected to begin construction Summer of 2023.

The abandoned railroad corridor is currently owned by Union Pacific Railroad, is zoned for industrial land use, and has eight public road crossings. The tracks have been removed along the corridor and there are three existing surface conditions including bare soils, vegetative cover, and railroad ballast (i.e., gravel and cobbles used to line and support railroad tracks).

An exhibit showing the areas existing bike paths, trails, and transit routes is included in Attachment A.

1.3.Needs and Deficiencies
The far east portion of the abandoned UPRR corridor ends amid fairly dense residential city blocks. This residential area is cut off from essential shopping, services, and area schools by State Route 99 (SR 99), State Route 20 (SR 20), and the existing UPRR corridor. For residents without the use of a vehicle (of which this area has many), access to everyday needs is made difficult by this isolation.

In addition to a need for connectivity of people to goods and services, there is a need to connect recreational use within the City. The Sutter Bike Path places users within Yuba City at its western boundary at a location that is not in close proximity to stores, retail, or adjacent pedestrian facilities. Across the City on the eastern boundary, the Feather River Levee Bike Path takes pedestrians across the river into Marysville and connects to parks along the way. Between these two trails, pedestrian facilities within the City are discontinuous and arbitrary. Many Transit stops exist throughout the City, however bike and pedestrian connectivity to those transit stops is lacking. The path would also provide a safer route to several area schools.

According to Community FactFinder, a tool used by California State Parks that analyzes demographics, in 2020 nearly 80% of Yuba City's population took trips alone in a personal vehicle, while only approximately

1.5% biked or walked for their trips. An even smaller 0.82% used public transit. These figures emphasize the need for alternatives to vehicular travel and improved connectivity to local transit.

The following figure shows Environmental Justice Areas designated by Sacramento Area Council of Governments (SACOG) within Yuba City overlaid with the path location. From this exhibit it is apparent that the path will serve several vulnerable neighborhoods.

Abandoned Railroad Corridor Feasibility Study

Figure 1 - Disadvantaged Communities

1.4.Corridor Vision
In 2011 a Bicycle Master Plan was completed in order to position the City for the creation of a community bikeway system which would make bicycling a viable mode of transportation. Creating a bikeway system is a mechanism for creating a more livable community, reducing traffic congestion and improving local air quality. The creation of the Bicycle Master Plan found that a total of 744 daily bicycle trips occur for travel to work or school. The City estimated that the implementation of the Bicycle Master Plan could increase these trips to 3,992. Through community outreach while developing the Plan, the City was directed to provide safer streets and expand on existing infrastructure by constructing additional bike paths, bike lanes, and designating shared roadways. The Plan recommended expanding the network of bikeways from 40 miles to 108 miles.

The following two high priority bicycle path projects were recommended in the Bicycle Master Plan:

Priority Project Title Description Length
1 Railroad to Bike
Path Conversion
Convert abandoned Union Pacific
Railroad Right-of-Way to accommodate
a bike path which extends to Bridge
Street from Hooper Road.

2.90 2 Levee Bike Path
Connection
Connect existing bike paths on west
levee of Feather River adjacent to Second
Street.

0.57 The UPRR Corridor conversion to a multi-use path will encompass both of these projects.

Abandoned Railroad Corridor Feasibility Study

Converting the abandoned UPRR corridor provides an opportunity to take what is currently a blight to the City and residents and create an aesthetically pleasing centralized trail, providing connectivity and equity throughout the City for a variety of uses.

2. Project Scoping

2.1.Existing Plans and Information
The UPRR corridor conversion to a multi-use path complies with relevant City Master Plans, ADA Transition Plan, and Bicycle Master plans. In 2022 SACOG completed a plan entitled Sacramento Region Trail Network Action Plan which is aimed at improving area trail connectivity thereby improving health, environmental justice, economic vitality, safety, recreation, and access to all ages/abilities. The UPRR multi-use path is included in two of the plans proposed projects, SUT02 Railroad Corridor Bike Path and SUT03 Olive Street Bridge Path.

2.2.Corridor Inventory and Analysis
Two site visits were performed, one in February of 2022 and another in March of 2022. Existing conditions were noted including, observed volume of traffic at proposed crossings, land uses, potential access needs from the path, potential locations of path amenities, and more.

2.3.Stakeholder Outreach and Engagement
Understanding the demographics and preferences of potential users will factor in when determining the value of infrastructure investment. The City used several public outreach methods to engage potential users and request input. Three public presentations were organized throughout the preparation of this Feasibility Study. A website was prepared specifically for this project. Round-table meetings with stakeholders were held to help extend the outreach as well as brainstorm on solutions.

On May 14th, 2022, the City introduced the project to the public at the Farmers’ Market. With a “pop-up” set up, the public got an opportunity to look at exhibits and pictures of what the potential for the 2.3-mile corridor transformation. Exhibits displayed the proposed project's alignments, visuals of at-grade crossings, overcrossings, and undercrossings. The visuals allowed community members to see the City's vision for the project, ask questions about the project, and provide suggestions/comments for the project. The public was also asked to provide ideas for amenities along the corridor that would entice them to utilize the corridor. During this event, the public was provided comment cards requesting their input, these are presented in Attachment B. The general reaction from the public was excitement and receptive to the idea of having the corridor.

On June 26th, 2022, the City utilized the
opportunity to provide an information booth at
the Yuba-Sutter County Fair. For this event, the
team updated exhibits and materials to account
for initial feedback received during May’s
Farmers’ Market. A new sector of the
community received the opportunity to learn
about the corridor’s potential and provide
feedback on accessibility and amenities. During
this event, the public was given the opportunity
to complete a comment card and/or complete a
questionnaire. The questionnaire included
questions about the individuals’ frequency of
use for the corridor, level of comfort riding in
different traffic scenarios, as well as preferred
destinations and purpose for utilizing the Photograph from Farmer’s Market “pop-up” on May 14th, 2022

Abandoned Railroad Corridor Feasibility Study

corridor. Comment cards and questionnaires received from public can be found on Attachment B.

On October 26th, 2022, the City hosted a public
meeting at Gray Avenue Middle School. The
school is adjacent to the corridor and it was a prime
location for accessibility to the community. At this
event the public received a presentation of the
project challenges and solutions for the potential
corridor. The public was able to voice their
opinions about challenges, suggestions, requests,
and questions about the practicality, funding,
safety, and project timeline. During this public
meeting, Yuba City Mayor Dave Shaw, Yuba City
Councilmember Shon Harris, Yuba City
Engineering staff, and Dokken Engineering design
team answered questions from the public. The
public filled out comment cards and
questionnaires, included in Attachment B.

Various tools were used to notify the public of
this Feasibility Study and to invite them to the
public events organized. The Feasibility Study
team collaborated with City of Yuba
Community Services to distribute project
information during the Yuba City Wilderness
Run 5K on March 26th, 2022. This familyfriendly 5K took place along Feather River Parkway and all participants received a
“goodie-bag” including a flyer containing
general project information and an invitation to
visit the project website. The flyer included a
QR code linking users to
www.yubacitybikepath.com , a website created
for this project. The website included general
information about the project, dates for
upcoming public events and project exhibits for
individuals who are not able to attend the
meetings. The website included an online
survey, representative contact information and an opportunity to subscribe for future notifications.

In addition, the team mailed Yuba City residents adjacent to the corridor and neighborhoods in the vicinity to notify of the project and upcoming public meeting. Lawn-signs with public meeting details were placed at high-traffic locations, parks, and other high visibility locations. Yuba City official social media was used to reach the online community. Posts on the City’s Facebook and website were added to inform public of the project and planned public events. Materials were also provided in Spanish to convey information to Spanish speaking residents.

Photograph from Yuba-Sutter County Fair on
June 26th, 2022
Photograph from Public Meeting on
October 26th, 2022

Abandoned Railroad Corridor Feasibility Study

Most of the public input, through comment cards and
conversations with staff, was constructive and positive.

Several of the potential users expressed the preference of avoiding at grade crossings of the high-traffic
intersections such as Stabler Lane, SR 20 and SR 99.

With a preference of an overcrossing and not
undercrossing. Public was concern about safety, lack of lighting and unattractiveness of an undercrossing.

Several participants suggested amenities along the
corridor such as benches, water fountains, trash
receptacles, and shaded areas.

The primary concern of the public is maintaining a
clean and safe path after it is built.

The public outreach team developed a questionnaire for
participants to share information about their riding
habits, riding personality, and vision for this corridor transformation. Below are summaries of responses to
tangible questions. For a complete list of questionnaires received and comment cards received, see Attachment B.
 Question #1 asked “How often do you ride a bike on average?”. From thirty-three participants, 82% responded the ride their bikes once per week or more.
82%
9%
6% 3%
How often do you ride your bike on average?
Often (once per week or more) On occasion (several times per month) Rarely (a few times per year) Never

Abandoned Railroad Corridor Feasibility Study

 Question #2 asked “What is a typical ride distance on average?”. From thirty-two participants, 50% responded they ride their bikes at least 10 miles per week.  Question #7 asked “Would you take longer rides if there was a continuous Class I (dedicated bike/pedestrian) trail?”. From thirty-one participants, 97% responded they would increase their bike riding distance.

Participants were asked to rate themselves on the level of comfort when riding next to traffic. Categories were based on Roger Geller’s “Four Types of Cyclists”, Portland Bureau of Transportation, Portland, Oregon, 2006. The “Strong and & Fearless” type is for people comfortable to ride without any bicyclespecific infrastructure, even on busy streets. The “Enthused & Confident” are people comfortable to ride on streets with motor vehicles when provided facilities such as a bike lane. The “Interested but Concerned” are people willing to ride but require comfortable facilities that provide separation from heavy traffic. The “No Way No How” are people unwilling to ride regardless of bicycle-specific infrastructure provided”.

From thirty respondents of the questionnaire, 60% identified themselves as enthused and confident riders. 16%
34%
50%
What is your typical ride distance on average?
Under 5 miles 5-10 miles 10 miles or more
97%
3%
Would you take longer rides if there was a
continuous Class I trail?
Yes No

Abandoned Railroad Corridor Feasibility Study

For a summary of the comments received during outreach efforts, see Attachment B.

3. Project Alternatives

3.1.Alternative Concepts
Path Cross Section
The American Association of State Highway and Transportation Officials' (AASHTO) Guide for the Development of Bicycle Facilities states that for a shared use path, widths typically range from 10 to 14 feet with a minimum width of 10 feet. A wider path is needed to provide an acceptable level of service when both pedestrians and bicycles are expected.

Caltrans, in the Highway Design Manual describes a Class I bike path as a facility separated from the traveled way with exclusive right of way. Where significant bike traffic is expected and/or significant pedestrian traffic will join bicyclists a minimum path width of 12 feet is preferred.

Several cross section designs were considered and studied for the path. The sections considered are shown in Figure attached.
6%
60%
27%
7%
What kind of rider are you?
Strong & Fearless Enthused & Confident Interested but Concerned No Way No How

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The various typical sections were evaluated and discussed with the public. A summary of the typical section evaluation is shown below in Table 1.

Table 1 - Typical Section Evaluation
No. Typical Section Assumptions Benefits Disadvantages Ranking 1 12-foot Path • Entire width
would be paved,
HMA
• Striped for two
way traffic
• Cost Effective
• Meets
recommended
minimum width
• Puts wheeled and nonwheeled traffic in same
path, higher potential
for conflict
4 2 18-foot Path,
HMA
• Entire width
paved, HMA
• 12-foot section
would be
separated from 6-
foot pedestrian
section with
striping and
signage
• Separates wheeled
and non-wheeled
traffic.
• Fewer potential
conflicts
• Higher cost than
minimum recommended
width
2 3 18-foot Path,
HMA/DG
• 12-foot width
paved with HMA
• 6-foot pedestrian
width would be
decomposed
granite (DG)
• Separates wheeled
and non-wheeled
traffic.
• Fewer potential
conflicts
• Lower cost that full
width pavement
• Received public
feedback that
runners prefer DG
to pavement.
• DG creates a
maintenance task (weed
control, regrading after
storms, etc)
• While DG is preferred
for runners, may present
difficulties for strollers,
which may temp that
traffic onto the bike
path creating potential
for conflict.
3 4 18-foot Path,
HMA/Concrete
• 12-foot width
paved with HMA
• 6-foot pedestrian
width would be
concrete
• Separates wheeled
and non-wheeled
traffic.
• Fewer potential
conflicts
• Difference in
surfacing provide
higher visibility
separation from
bikes to peds
further reducing
potential for
conflict.
• Concrete path
minimizes
maintenance cost.
• Highest cost of sections
considered
1 The cost differences between the various typical sections are discussed later in section 4 of the report.

Based on the evaluation it is recommended that the City proceed with either typical section option 2 or 4.

Abandoned Railroad Corridor Feasibility Study

Alignment
For the purposes of this report, we will discuss the bike path in sections from cross street to cross street.

Harter Parkway to Tharp Road
Path will connect to the Sutter Bike Path extension at Didar S. Bains Park. From Harter Pkwy to Tharp Rd, the path will be kept in the center of the right of way. This section provides good opportunity for some meandering of the path. Meandering the path provides visual interest to the users. This section of the path takes users past several retail locations with the Yuba City Marketplace including a Walmart, Home Depot, and some eateries.

Tharp Road to Stabler Lane
Through this section the path was kept toward the south side of the right of way corridor. This was done in consideration of potential future development of a large parcel to the north of the corridor. Users will pass the Sutter Buttes Marketplace. An existing courtyard with access to the UPRR corridor provides a nice opportunity for a path connection to the existing center.

Stabler Lane to SR 99
Within this section, the City has a planned future project that would impact the path alignment. In 2016, the City worked with Caltrans on a Project Study Report – Project Development Support (PSR-PDS) for an interchange at SR 20/SR 99. Through this process, it was also determined that Civic Center Blvd would be extended to intersect with and be constructed on the UPRR corridor just west of SR 99. There are also plans to construct a new hotel at this location. The plans for this potential future development are shown in Attachment C.

For this one section the path is evaluated as two separate alignments, Alignment 1 with Civic Center Improvements and Alignment 2 without Civic Center Improvements. Outside of the Stabler Lane to SR 99 limits, the path alignments are identical and were not evaluated separately.

Within this section, alignment 1 was designed to allow the future Civic Center improvement to be constructed without impacting the multi-use path. Alignment 2 was designed assuming the new Civic Center route would not be in place.

During the development of Alignment 1, it was determined that the cross section of the Civic Center Blvd extension proposed in the PSR-PDS would be too wide to allow the multi-use path to fit adjacent to the roadway within the UPRR right of way corridor. Assuming minor adjustments to the proposed Civic Center Blvd cross section, the multi-use path could be placed adjacent to the proposed roadway with minimal right of way impacts. The figure below shows the assumed cross section for the future Civic Center Blvd extension. As the two projects proceed in their development, the City should ensure that the designers are coordinating with each other.

Figure 3 - Assumed Cross Section for Future Civic Center Blvd Future Project Proposed Multi-use Path

Abandoned Railroad Corridor Feasibility Study

SR 99 to Gray Avenue
This section includes two important features to the path, a connection to the popular Sam Brannan Park as well as the City Skate Park. Gray Avenue Middle School is also adjacent to the park. North of the path is a complex that used to house a large shopping center, but is now mostly boarded up. The addition of the path would make this complex a more attractive option for potentials leasers.

Gray Avenue to Clark Avenue
The path would meander through this section to provide interest. The path begins to connect to apartments and a more residential area.

Clark Avenue to Cooper Avenue
Clark Ave to Cooper Ave is a short straight section passing multi-unit housing and businesses.

Reeves Avenue
In this section, the path travels parallel to and separated from Reeves Avenue. Reeves Ave is the southern border of a large residential neighborhood. Crosswalks will be placed in areas most likely to be used by bicyclists connecting to other neighborhoods, likely Orange Street, Olive Street, and Almond Street.

Figure 4 attached, shows an overview of the entire corridor with path and area highlights.

Abandoned Railroad Corridor Feasibility Study

Abandoned Railroad Corridor Feasibility Study

Crossings
Each location where the path intersects a street, the characteristics of that street were evaluated to determine the best method of crossing. A summary of each crossing evaluation is shown in Table 2 below.

Table 2 - Crossings Evaluation
Cross Street Cross Street
Characteristics Crossing Method Notes
Harter Pkwy
Collector with moderate
traffic and plans to widen in
the future
X-walk with
Pedestrian Hybrid
Signal
Commonly known as a "HAWK"
signal. Warning signage will also be
employed
Tharp Rd
Collector with moderate
traffic and nearby
intersection and driveways
X-walk with
Pedestrian Hybrid
Signal
Commonly known as a "HAWK"
signal. Warning signage will also be
employed
Stabler Ln Arterial, heavy traffic
Overcrossing or
undercrossing
It is recommended that for an
overcrossing, these two crossings be
combined into one structure as the
proximity of the two precludes a
vertical alignment conforming between
them. Also, a combination of fill and
retaining walls in between is less cost
effective and blocks more visibility to
local businesses adjacent to the
crossing than a continuous structure.

While studied, the undercrossing option
for these locations is considered
infeasible as it creates a long tunnel
effect that is not conducive to safety or
maintenance.

SR 20 Highway, heavy traffic and
limited right of way access
SR 99 Highway, heavy traffic and
limited right of way access Overcrossing Two-span main structure assumes a bent in the median of SR 99.

Gray Ave Arterial, moderate traffic
X-walk with
Pedestrian Hybrid
Signal
Commonly known as a "HAWK"
signal. Warning signage will also be
employed
Clark Ave
Arterial, moderate traffic.

An offset intersection is
directly south. Proximity of
this intersection creates
need for a higher level of
protection at crossing.

X-walk with
Pedestrian
Hybrid Signal
Commonly known as a "HAWK"
signal. Warning signage will also be
employed
Cooper Ave Relatively low traffic local
road
X-walk with
Flashing Beacons Warning signage will also be employed
A detailed view of each crossing is included in the following Figures 5 through 13.

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Structure Advanced Planning Studies
Due to heavy traffic and the need for access control, grade-separated crossings are recommended for the Stabler Lane, SR 20 and SR 99 crossings. Two advanced planning studies (APSs) were prepared for each crossing. For Stabler Lane and SR 20, both undercrossing and overcrossing alternatives were developed.

For the SR 99 crossing, two overcrossing alternatives were considered, one assuming the SR 99/SR 20 interchange and Civic Center improvements occur and one based on the existing conditions. In the overcrossing scenarios the path would be elevated over the streets/highways while in the undercrossing scenarios the path would be lowered and cross underneath the local or state facility. In both cases, the existing roadway being crossed would maintain its existing vertical alignment.

Overcrossing structures were assumed to be steel tied arch spans with cast-in-place, prestressed concrete slab approach spans. For the overcrossing spans of 100 feet to 200 feet, prefabricated steel truss spans are generally the most economical, but for spans at the longer end of that range, the economy of the tied arch improves relative to the truss and is more attractive. The APSs show tied arches for all the longer spans, and the estimates are based on tied arch spans as well. All overcrossing options would be supported on reinforced concrete bents and are expected to require deep foundations consisting of either driven or castin-drilled-hole (CIDH) piles. All overcrossing alternatives are based on a clear width between railings or curbs of 14 feet with 1-foot-wide curbs for a total width of 16 feet. The 14-foot clear width is based on the minimum path width of 8 feet (Caltrans HDM) combined with a 6-foot pedestrian path.

Pedestrian undercrossings are generally discouraged due to user-security concerns. To address these concerns, clear sight lines, generous opening widths beyond the minimum required to clear the path section, adequate lighting and surveillance cameras are often required. If the security concerns can be addressed, undercrossings can be attractive and less-expensive alternatives to overcrossings. Because they require less vertical clearance (10 feet minimum; 12 feet assumed for this study to maximize the size of the opening) than overcrossings (17 feet over conventional highways and local roads and 18.5 feet over freeways and expressways), they result in significantly shorter approach slopes than overcrossings, and those slopes can be accommodated at grade through excavation and retaining walls, if needed, rather than additional structure length. The reduced elevation gain and loss associated with undercrossings requires much less effort for path users, particularly for the mobility-challenged. For cyclists, undercrossings provide the added benefit of allowing them to use momentum from the downhill into the undercrossing to help with the uphill on the way out. However, undercrossings, particularly in relatively flat terrain, such as Yuba City, are prone to flooding and likely require a pump station to clear drainage. They also frequently require expensive relocation of wet utilities, especially gravity storm and sanitary sewers.

Undercrossings of Stabler Lane and SR 20 are considered feasible but would require extensive retaining walls both on the approaches and between the two undercrossings to keep the excavation within the UPRR right of way. These walls would preclude a connection to street level between the two undercrossings. In addition, because of right of way limitations, it would be impractical to design undercrossings with adequate width and side slopes to eliminate the “tunnel” effect. Rather than 1.5H:1V or flatter slopes along either side of the full path cross section that would create an open feel, a vertical wall would be required on at least one side to keep the approach section within the railroad right of way. This wall along the path would limit sight lines through the undercrossings and result in a half-tunnel effect. Required utility relocations would complicate the undercrossings and drive up their costs, as would the need for staged construction and related traffic handling.

An undercrossing of SR 99 was deemed infeasible because the length required to accommodate existing and ultimate lane configurations on SR 99 would make it very difficult, if not impossible, to avoid the “tunnel effect”.

While both the overcrossing and undercrossing alternatives are considered feasible, the real and perceived security issues with undercrossings in an urban area, right of way constraints precluding optimal opening dimensions, public preference, drainage issues, utility relocations, and the unknowns related to the extensive excavation within the railroad right needed for undercrossings, all lead to a recommendation for the overcrossing alternatives. The structure APSs are included in Attachment D.

Abandoned Railroad Corridor Feasibility Study

Downtown Alternatives - Gap Clousure to Feather River Levee Path The existing UPRR corridor terminates at Reeves Avenue and Bridge Street. At Bridge Street the path will terminate and bike traffic will be transferred to the local streets. Approximately a half mile to the east, lies the existing Feather River Levee Path. For multimodal connectivity, the City would like to provide a connection from the UPRR converted path to the levee trail. This connectivity would be provided via bicyclists within the roadway under various levels of service. Caltrans defines bike facility level of service using a Class 1 through Class 4 rubric. The Classes of bike facilities are explained in Table 3 below.

Table 3 - Caltrans Bike Facility Classification
Class Standards
Class 1 Bikeway
(Bike Path)
• Serve corridors not served by streets and highways
• Can serve as recreational routes or as higher speed
commuter connectors
• 8' min width, 10' preferred for two-way traffic
• 5' min separation from vehicle traffic
Class 2 Bikeway
(Bike Lane)
• Striped bike lane within the roadway
• Serve streets with high bicycle demand
• 5' min width adjacent to on street parking
• 6' min width for posted speeds of 40 mph or greater
Class 3 Bikeway
(Bike Route)
• Shared facilities that provide continuity between other classes of bikeways
• Width is included in standard lane and shoulder widths of the roadway
• On street parking is not allowed or restricted
Class 4 Bikeway
(Separated Bikeways)
• For exclusive use of bicycles
• Separated from vehicle traffic
• Same width and separation requirements as Class 1
A total of eight alternative routes were studied to connect the proposed UPRR path and the Feather River Levee path. The downtown connection alternatives studied are shown in the following Figure 14. The feasibility of upgrading the studied routes to Class 1, 2, and 3 was evaluated.

Abandoned Railroad Corridor Feasibility Study

Abandoned Railroad Corridor Feasibility Study

Each downtown connection alternative will require infrastructure improvements in order to bring the road up to an acceptable level of service for bicycle traffic. What class of bike route provided on the roadway will depend on local impacts, funding available as well as public input. Each alternative was evaluated to determine the level of improvements needed for the classes of bike paths considered. A summary of this evaluation is shown in Table 4 below.

Table 4 - Downtown Alternatives, Required Improvements
Alt Street Existing
Bike
Route
Class
Improving Route to
Class 1 Class 2 Class 3
1 Plumas St 3 -Decrease # of lanes
-Remove parking
-Separated bike line
marking in both
directions
-Flexible/inflexible posts
or barriers
-Pavement markings
-Additional signing
-Update Traffic Signal
Timing
-Eliminate parking
-Adjust lane widths to
11'
-Bike lane both
directions
-Pavement Marking
-Additional Signing
-Upgrade Pavement
Markings
-Additional Signing
B St 2 -Decrease # of lanes
-Remove parking
-Separated bike line
marking in both
directions
-Flexible/inflexible posts
or barriers
-Pavement markings
-Additional signing
-Update Traffic Signal
Timing
Leave as is Leave as is
2 Plumas St 3 -Separated bike lane
between parking and
sidewalk in both
directions
-Convert diagonal
parking to Parallel
-Flexible/inflexible posts
or barriers
-Pavement markings
-Additional signing
-Eliminate Parking
-Buffered Bike Lane in
both directions
-Pavement Markings
-Additional signing -Upgrade Pavement
Markings
-Additional Signing
Teegarden
Ave
3/2 -Eliminate Parking in
both directions
-Realign road
-Separated bike line
marking in both
directions
-Flexible/inflexible post
or barriers
-Pavement markings
-Additional signing
-Bike Lane in both
directions
-Pavement Markings
-Additional signing
Leave as is

Abandoned Railroad Corridor Feasibility Study

Alt Street Existing
Bike
Route
Class
Improving Route to
Class 1 Class 2 Class 3
3 Bridge St ND (Not a
designated
bike
route)
-Remove Planter Strip
-Separated bike line
marking in both
directions
-Flexible/inflexible posts
or barriers
-Pavement markings
-Additional signing
-Realign Road
-Update Traffic Signal
Timing
-Reduce Lanes to 11.5'
lanes with a 12' center
section
-Bike lanes in both
directions
-Pavement Markings
-Additional signing
-Upgrade Pavement
Markings
-Additional Signing
Shasta St ND -Eliminate Parking
-Separated bike line
marking in both
directions
-Flexible/inflexible post
or barriers
-Pavement markings
-Additional signing
-Convert Diagonal
parking to Parallel
-Bike lane both side of
road
-Pavement Markings
-Additional signing
-Reduce travel lanes to
11'
-Update Signal Timing
-Upgrade Pavement
Markings
-Additional Signing
Teegarden
Ave
3/2 -Eliminate Parking in
both directions
-Realign road
-Separated bike line
marking in both
directions
-Flexible/inflexible post
or barriers
-Pavement markings
-Additional signing
-Bike Lane in both
directions
-Pavement Markings
-Additional signing
Leave as is
4 Walnut St ND -Eliminate Parking
-Separated bike line
marking in both
directions
-Flexible/inflexible post
or barriers
-Pavement markings
-Additional signing
-Buffered Bike Lane in
both directions
-Eliminate Parking
-Pavement Markings
-Additional signing
-Upgrade Pavement
Markings
-Additional Signing
Forbes
Ave
3 -Eliminate Parking
-Separated bike line
marking in both
directions
-Flexible/inflexible post
or barriers
-Pavement markings
-Additional signing
-Keep parking = Class
3 or
Buffered Bike Lane in
both directions and
Eliminate Parking
-Pavement Markings
-Additional signing
-Upgrade Pavement
Markings
-Additional Signing

Abandoned Railroad Corridor Feasibility Study

Alt Street Existing
Bike
Route
Class
Improving Route to
Class 1 Class 2 Class 3
4 Plumas St 3 -Separated bike lane
between parking and
sidewalk in both
directions
-Convert diagonal
parking to Parallel
-Flexible/inflexible posts
or barriers
-Pavement markings
-Additional signing
-Convert Parking to
parallel Parking
- Bike Lane in both
directions
-Eliminate curb section
-Pavement Markings
-Additional signing
-Upgrade Pavement
Markings
-Additional Signing
Teegarden
Ave
3/2 -Eliminate Parking in
both directions
-Realign road
-Separated bike line
marking in both
directions
-Flexible/inflexible post
or barriers
-Pavement markings
-Additional signing
-Bike Lane in both
directions
-Convert Parking to
parallel
-Convert travel lane
width to 11'
-Pavement Markings
-Additional signing
Leave as is
5 Bridge St ND -Eliminate Parking (on
Reeves Ave side)
-Separated bike line
markings
-Flexible/inflexible post
or barriers
-Pavement markings
-Additional signing
-Reduce Travel Lanes
-Buffered bike lanes in
both directions
-Pavement Markings
-Additional signing
-Upgrade Pavement
Markings
-Additional Signing
Plumas St 3 -Separated bike lane
between parking and
sidewalk in both
directions
-Convert diagonal
parking to Parallel
-Flexible/inflexible posts
or barriers
-Pavement markings
-Additional signing
-Eliminate Parking
-Buffered Bike Lane in
both directions
-Pavement Markings
-Additional signing
-Upgrade Pavement
Markings
-Additional Signing
Center St ND -Eliminate Parking
-Separated bike line
marking in both
directions
-Flexible/inflexible post
or barriers
-Pavement markings
-Additional signing
-Convert Parking to
Parallel
-Bike Lane in both
directions
-Recenter road with 12'
lanes
-Pavement Markings
-Additional signing
-Upgrade Pavement
Markings
-Additional Signing

Abandoned Railroad Corridor Feasibility Study

Alt Street Existing
Bike
Route
Class
Improving Route to
Class 1 Class 2 Class 3
5 Shasta St ND -Eliminate Parking
-Separated bike line
marking in both
directions
-Flexible/inflexible post
or barriers
-Pavement markings
-Additional signing
-Convert Diagonal
parking to Parallel
-Bike Lane in both
directions
-Convert travel lane to
11' lanes
-Pavement Markings
-Additional signing
-Upgrade Pavement
Markings
-Additional Signing
Aylor
Ave
ND -Acquire additional area
-Separated bike line
marking in both direction
-Flexible/inflexible post
or barriers
-Pavement markings
-Additional signing
-Acquire additional
area
-Bike Lane in both
directions
-Additional Signing
-Pavement Markings
-Acquire additional area
-Upgrade Pavement
Markings
-Additional Signing
Sutter St ND -Eliminate Parking
-Separated bike line
marking in both
directions
-Flexible/inflexible post
or barriers
-Pavement markings
-Additional signing
-Road diet (two way left
turn lane)
-Buffered/ Bike Lane
in both directions
-Pavement Markings
-Additional signing
-Upgrade Pavement
Markings
-Additional Signing
Teegarden
Ave
3/2 -Eliminate Parking
-Separated bike line
marking in both
directions
-Flexible/inflexible posts
or barriers
-Pavement markings
-Additional signing
-Buffered/ Bike Lane
in both directions
-Pavement Markings
-Additional signing
Leave as is
6 Bridge St ND -Replace sidewalk for a
Class 1 path
-Remove planter strip and
trees
-Relocate utilities
-Pavement markings
-Additional signing
-Adjust island width
* (see note) *
7 Bridge St ND -Replace sidewalk for a
Class 1 path
-Remove planter strip and
trees
-Relocate utilities
-Pavement markings
-Additional signing
-Adjust island width
* *

Abandoned Railroad Corridor Feasibility Study

Alt Street Existing
Bike
Route
Class
Improving Route to
Class 1 Class 2 Class 3
7 Sutter St 2 -Acquire lane next to
sidewalk
--Roadwork/excavation
-Pavement markings
-Additional signing
* *
8 Bridge St ND -Replace sidewalk for a
Class 1 path
-Remove planter strip and
trees
-Relocate utilities
-Pavement markings
-Additional signing
-Adjust island width
* *
Sutter St 2 -Upgrade sidewalk
section to a Class 1 path
-Relocate utilities
-Pavement Markings
-Additional signing
* *
* - Alternatives 6, 7, and 8 are all Class 1 paths, so upgrading to Class 2 or 3 is not applicable.

A useful tool to use when evaluating what level to improve a bike facility to is something call Level of Traffic Stress (LTS). LTS is an approach that quantifies the amount of stress or discomfort a person feels when they bicycle close to traffic. The methodology was developed in 2012 by the Mineta Transportation Institute and San Jose State University and is being utilized by transportation agencies nationwide including Caltrans.

The LTS method assigns a numeric stress level to streets and paths based on attributes such as traffic speed, traffic volume, number of lanes, frequency of parking turnover, intersection crossings and more. LTS applies a “weakest link” logic, meaning the stress level is assigned based on the lowest-performing attribute of the street. If a segment has mostly low-stress characteristics, the occurrence of one high-stress attribute dictates the stress level for the segment. The LTS methodology identifies four stress levels:
 LTS 4 – High stress, suitable for few adults (about 4 percent of adults).  LTS 3 – Moderate traffic stress, for some adults (about 10 percent of adults).  LTS 2 – Low traffic stress, suitable for most adults (about 50 percent of adults).  LTS 1 – Very low traffic stress, suitable for most children.

Each downtown alternative studied was assigned an LTS level, these LTS designations can be seen in Figure 15 attached.

Abandoned Railroad Corridor Feasibility Study

Abandoned Railroad Corridor Feasibility Study

To determine a recommended alternative for the downtown connection, several evaluation criteria were considered. Impacts to local businesses and circulation was considered. For example, eliminating on-street parking could have a negative impact on local businesses and the project may have to include allowances for replacing the lost parking elsewhere. The overall cost of the alternatives were considered. The Level of Traffic Stress (LTS) was considered and finally public reaction to each alternative was weighed. Refer to Section 2.3 for more discussion on public feedback of the downtown routes. For the purposes of ranking it was assumed that each alternative would be upgraded to a Class 2 facility (except for alternatives 6 through 8 which are only Class 1 facilities). Table 5 below ranks each alternative against these criteria.

Table 5 - Downtown Alternatives Ranking
Downtown
Alternative
Ranking Criteria (Poor - Fair - Good)
Impacts to Local
Business and
Circulation
Cost LTS Public Feedback
1 Good Good Fair Fair
2 Fair Good Good Poor
3 Fair Good Fair Poor
4 Fair Fair Fair Poor
5 Fair Fair Fair Poor
6 Fair Poor Good Good
7 Fair Poor Good Good
8 Fair Poor Good Good
Based on the evaluation and ranking of each downtown alternative, it is recommended to proceed with Alternative 1, a connection via Plumas Street and B Street upgraded to a Class 2 facility.

Path Amenities
It is assumed that several path amenities will be included in the corridor conversion such as landscaping, lighting, benches, water fountains, bike racks, dog waste station, and trash receptacles. Potential locations of these amenities are shown in the Project Overview exhibit, Figure 4.

3.2. Right of Way and Environmental Assessments
Right of Way Impacts and Coordination
This feasibility study revolves around the idea of converting the abandoned UPRR corridor into a separated bicycle and pedestrian way. The 2.3-mile corridor is currently owned by UPRR and negotiations with the owner will be necessary to acquire the right of way. The entire 80 foot width of the UPRR corridor over the length of the project would be acquired for the path conversion as well as the entire parcel adjacent to Reeves Avenue containing the former railyard. Beyond the 2.3-mile corridor several alternatives were studied to decide the feasible route to close the gap between the corridor and the Feather River Levee Path.

Seven alternative routes for the gap closure were considered with emphasis on two main alternatives.

Alignment 1 impacts the existing abandoned Union Pacific Railroad (UPRR) corridor, 16 privately owned properties, 4 billboards, and public right of way. Alignment 2 also impacts the abandoned UPRR corridor, 16 privately owned properties, 4 billboards, and public right of way. Impacts will involve both partial and temporary acquisitions. Private property impacts in alignments 3-7 are add-ons to alignments 1 and 2.

Abandoned Railroad Corridor Feasibility Study

The impacted privately owned properties are a mix of industrial, commercial, residential, church, government, and vacant parcels. The cost to acquire the proposed permanent and temporary acquisitions was estimated by analyzing the parcels being impacted by each alternative. Recent comparable sale data was reviewed to determine a price per square foot value and provide an estimate of the total acquisition costs. Estimates also include costs associated with improvements within proposed right of way acquisition areas, such as fencing and landscaping. Please see Attachment E for preliminary right of way maps.

For the purpose of valuing the abandoned UPRR corridor, “across the fence” values were utilized. For the purposes of negotiating with UPRR. This is the recommended valuation method, as UPRR will utilize this method for their own appraisal and will become a project cost. This method is a variation of the sales comparison approach and determines market value based on the prices of adjoining land. To utilize this method, the entire corridor was divided into seven separate segments. The first three segments utilized commercial and industrial comparable sales data, segments four through six were a mix of commercial, industrial, and residential properties and the remaining segment utilized vacant and industrial comparable sales data. Additionally, during previous negotiations between UPRR and the City, UPRR provided an across the fence value appraisal as part of their negotiations and would not accept the corridor valuation that was completed for the City. Furthermore, upon acquisition of the UPRR corridor, hazardous waste cleanup will be necessary. This is discussed in the Environmental Assessment section below.

Portions of the trail will also be located within public right of way, including Caltrans right of way and City right of way. As these areas will be obtained through encroachment permit, no acquisition cost estimate is included for these areas.

While the future Civic Center Improvements Project is shown on mapping, this is considered a separate project and no costs related to right of way impacts for this project are included as part of this feasibility study.

Outdoor Advertising
There are four billboards, owned by OUTFRONT Advertising, impacted by the project. OUTFRONT Advertising is based out of New York and owns a significant number of billboards and other forms of advertising across the nation. Two billboards are located on parcel 58-042-004 on the west side of Highway 99 and one is located within public right of way on the east side of Highway 99. These three billboards are double-sided. One billboard located north of Highway 20 within the UPRR corridor is single-sided. All four billboards are serviced by electricity for illumination purposes. The construction of overcrossing structures over Highway 20 and Highway 99 will impact the sight lines to these billboards. The cost to purchase these billboards was included as part of the cost estimate as there are no feasible areas for relocation near their existing locations.

Companies who advertise typically have leases with the advertising company that owns the billboard, and the advertising company typically has a lease with the landowner. The cost to purchase the physical billboard, the costs associated with the purchase of existing leases, and any loss of business goodwill are factored into the cost estimates provided. As the leases for billboards are not public information, the actual costs are unknown, so conservative estimates were provided.

The construction of overcrossings has potential for enhancing the scenery at the locations, therefore advertising on the structures is not being considered at this time.

Environmental Assessment
When UPRR abandoned the corridor through Yuba City, there was not significant remediation done at the time. It appears the only actions taken by UPRR were to remove the tracks, supporting equipment, and place mulch throughout the corridor.

Abandoned Railroad Corridor Feasibility Study

During previous negotiations between the City and UPRR, the City’s consultant, Geosyntec provided a memorandum on required remediation of the railroad corridor which included cost estimates. Per the information provided by the City, there were some uncertainties with this estimate as the City was not able to get into contract with UPRR to purchase the corridor and this prevented further investigation of the costs involved. Also, the Geosyntec study did not include soil sampling but was based on data gathered from previous studies' soil samples. Therefore, the full extent of contamination within the corridor and potential required remediation is currently still an unknown.

The extent of contamination along rail corridors generally fall into two categories: residual contamination that may be found along the corridor and contamination associated with the industrial uses alongside a railroad. Potential contaminants are as follows:
 Railroad ties, usually treated with chemicals such as creosote  Coal ash and cinder containing lead and arsenic
 Spilled/leaked liquids (oil, gasoline, cleaning solvents, VOCs, etc.)  Herbicides and pesticides
 Fossil fuel combustion products (PAHs)
 Roofing shingles (asbestos)
 Air compressors
 Transformers and Capacitors
 Metals
 PCBs
While the extent of contamination is unknown, it is assumed there will be some level of the remediation required. Remediation may take place during the construction phase and the cost of remediation should be considered as part of the total project cost as UPRR has indicated in the past that they plan to sell the corridor as is. The remediation costs are discussed further in Section 4.

The proposed project has minimal potential to impact cultural or biological environmental resources.

Therefore, no other recognized environmental constraints outside of hazardous waste are anticipated to occur within the project area and no additional mitigation costs are anticipated.

4. Cost Estimates
Order of magnitude construction cost estimates were developed for the project, together with estimated environmental, right of way and project delivery costs. This will assist the City in planning and budgeting early activities to advance the project, as well as developing funding for later steps. Methodology, project assumptions and cost summaries are provided below.

4.1.Methodologies
Path
Path estimates were developed using a combination of calculated quantities and lump sum estimations.

Drainage, landscaping, erosion control, traffic handling, and signing & striping were included as lump sum costs derived from recent and comparable projects. Quantities were calculated for the pavement section elements, earthwork, signals, lighting, and path amenities. These quantities were then assigned unit costs using bid results from recent and comparable projects. Path costs do not include structural elements

Abandoned Railroad Corridor Feasibility Study

(bridges, culverts, retaining walls, etc.). Additional details on the path cost estimates can be found in Attachment E.

Structures
Structure Estimates were developed by determining each location expected to require a structure along the alignment. Each location was analyzed using aerial photos to estimate necessary length as well as considering required vertical clearances and abutment embankment slopes. Structure types and span lengths were determined using the aerials and Caltrans guidance on “depth-to-span ratios”, along with experience on similar projects. With structure type, length and width; the structures construction costs were estimated based on square footage costs listed in Comparative Bridge Costs from Caltrans’ Bridge Design Aids adjusted for inflation and reflecting recent local bid results, where available. Additional details on the structure cost estimates can be found in Attachment E.

Right of Way
Right of Way costs were based on average square footage land values (determined from local comparables) and damages (pulled from online databases). Costs include considerations for relocation, unusable remnants, and full takes. Areas of acquisition were developed using assumed right of way widths (discussed below), an estimation of necessary construction easements, and parcel maps. Each affected parcel was studied to determine classification of acquisition, land use, improvements to parcel, and damages to parcel.

Also considered were the right of way delivery costs including, appraisals and plat and legal preparation.

Attachment F shows the mapping that the right of way costs were based on.

Contingencies
A Contingency allowance of 25% was added to each subset of the costs estimates to account for future changes to and refinement of project design, changes to existing land improvements or development, unknown project complexities that may be discovered during focused design (such as historic structures located, environmental hazards uncovered, unsuitable foundation material, etc.) and potential mitigation costs.

Abandoned Railroad Corridor Feasibility Study

4.2.Project Assumptions
The report presents cost estimates for the following project alternatives:

Path Alignment 1 (with Civic Center Improvements)
Typical Sections Estimated
 12-foot HMA Path
 18-foot HMA Path
 18-foot HMA/Concrete Path
 18-foot HMA/DG Path
Structure Alternatives (Grade Separated Crossings) Estimated  14-foot clear width Overcrossing at Stabler/SR 20 (APS No. 1)  14-foot clear width Overcrossing at SR 99 with Civic Center Improvements (APS No. 2) Downtown Alternatives (Feather River Levee Path Gap Closure) Estimated  Alternatives 1 through 8
Right of Way Estimation
 Acquire entire UPRR corridor the length of Path (with Civic Center improvements) Path Alignment 2 (without Civic Center Improvements)
Typical Sections Estimated
 12-foot HMA Path
 18-foot HMA Path
 18-foot HMA/Concrete Path
 18-foot HMA/DG Path
Structure Alternatives (Grade Separated Crossings) Estimated  14-foot clear width Overcrossing at Stabler/SR 20 (APS No. 1)  14-foot clear width Overcrossing at SR 99 without Civic Center Improvements (APS No. 3)  Undercrossing at Stabler/SR 20 accommodating an 18-foot path (APS No. 4 & 5) Downtown Alternatives (Feather River Levee Path Gap Closure) Estimated  Alternatives 1 through 8
Right of Way Estimation
 Acquire entire UPRR corridor the length of Path (without Civic Center improvements)

Abandoned Railroad Corridor Feasibility Study

4.3.Cost Estimate Summaries
Estimated project costs are shown in Table 6. Backup information on costs estimated can be found in Attachment E.

Table 6 - Cost Estimate Summaries
UPRR Corridor Multi-Use Path - Cost Summary
Path Alignment 1 with Civic Center Improvements
Path Construction Costs
12-foot HMA Path $8,420,000
18-foot HMA Path $8,670,000
18-foot HMA Path/DG Path $8,570,000
* 18-foot HMA/Concrete Path $9,090,000
Structure Construction Costs
* Stabler/SR 20 Ped OC (APS No. 1) $18,270,000
* SR 99 Ped OC w/ Civic Center (APS No. 2) $13,320,000
Downtown Connection Costs
* Alt 1 $14,800
Alt 2 $17,800
Alt 3 $16,400
Alt 4 $19,300
Alt 5 $35,800
Alt 6 $425,400
Alt 7 $457,300
Alt 8 $425,300
Subtotal Construction Costs $40,174,800
25% Contingency $10,043,700
Total Construction Costs $50,218,500
Right of Way Costs
Full width of Corridor along Path w/ Civic
Center improvements $7,766,400
Environmental
Costs
Soil Sampling/Testing $55,000
Remediation $8,000,000
Service Fees
Preliminary Design/Project Study Report $503,000
Project Approval/Environmental Document $1,507,000
Final Design $5,022,000
Construction Support $7,533,000
PROJECT TOTAL $70,100,000

Abandoned Railroad Corridor Feasibility Study

UPRR Corridor Multi-Use Path - Cost Summary
Path Alignment 2 without Civic Center Improvements
Path Construction Costs
12-foot HMA Path $8,420,000
18-foot HMA Path $8,670,000
18-foot HMA Path/DG Path $8,570,000
* 18-foot HMA/Concrete Path $9,090,000
Structure Construction Costs
* Stabler/SR 20 Ped OC (APS No. 1) $18,270,000
* SR 99 Ped OC w/out Civic Center (APS No. 3) $11,250,000 Stabler/SR 20 Ped UC (APS No. 4) $11,230,000
Downtown Connection Costs
* Alt 1 $14,800
Alt 2 $17,800
Alt 3 $16,400
Alt 4 $19,300
Alt 5 $35,800
Alt 6 $425,400
Alt 7 $457,300
Alt 8 $425,300
Subtotal Construction Costs $38,624,800
25% Contingency $9,656,200
Total Construction Costs $48,281,000
Right of Way Costs
Full width of Corridor along Path w/out Civic
Center improvements $7,586,400
Environmental
Costs
Soil Sampling/Testing $55,000
Remediation $8,000,000
Service Fees
Preliminary Design/Project Study Report $483,000
Project Approval/Environmental Document $1,449,000
Final Design $4,829,000
Construction Support $7,243,000
PROJECT TOTAL $67,300,000
Note that if the remediation of the railroad corridor is negotiated into the right of way acquisition with UPRR, this cost would be removed from the total construction cost.

Abandoned Railroad Corridor Feasibility Study

Maintenance Costs
An important cost to consider that is not factored into the total project cost above is the ongoing maintenance costs of a multi-use path that the City would be responsible for. Using maintenance cost data provided by the City, the following annual maintenance costs were calculated. These prices may increase year over year due to inflation. For more detail on how maintenance costs were calculated, see backup cost information in Attachment E.

Table 7 - Annual Maintenance Costs of UPRR Multi-Use Path Maintenance Item Annual Cost
Slurry Seal
(6 yr frequency assumed) $18,700
Path Lighting $31,000
Landscape $69,800
Security $4,380
Trash Collection $13,400
Total Annual Maintenance $67,500

Abandoned Railroad Corridor Feasibility Study

5. Project Development Process
The Project Development Process (PDP) begins with conceptual studies of a potential project and spans to the completion of Construction. The steps in the PDP are tied to requirements of state and federal environmental laws as well as the requirements of the facility owners and/or funding sources being utilized.

Preliminary Design/PSR
The preliminary design process begins with a
purpose and need statement for a project that
meets state and regional goals and objectives.

During this phase of Project Development, a
level of preliminary design is completed to
develop project alternatives and their impacts as
well as costs and an estimated schedule. The
purpose and need statement is then used as a
measure for each alternative, and the number of
alternatives is reduced for advancement to the
next phase. The result of this stage is the
completion of a Project Initiation Document
(PID), which for projects impacting a State
Highway is typically a Project Study Report
(PSR) or Project Study Report - Project
Development Support (PSR-PDS).

Environmental Clearance/Project Approval
The PSR is then used to begin more detailed
designs and studies of alternatives to be
considered for approval in the Environmental
Clearance/Project Approval phase (known as
PA&ED). The studies done in this phase can
include but are not limited to, air, noise, water,
wetlands, historical and cultural, wildlife and
plants, and visual aspects. Social, economic,
and land-use issues are also addressed, along
with any specific concerns like hazardous
wastes. A community outreach plan will be
developed during this step as a requirement to
the circulation of the environmental document.

Once all studies are complete the Draft
Environmental Document (ED) will be
submitted to the appropriate lead and
responsible agencies.

A California Environmental Quality Act (CEQA) compatible ED is necessary for any project requiring state/local approval. A National Environmental Policy Act (NEPA) document is necessary when projects receive federal funding. Under the NEPA process, Caltrans acts as the lead agency through a memorandum of understanding with Federal Highway Administration (FHWA). For project on a State Highway, Caltans is typically the lead CEQA agency, buts this can vary depending on the level of work on and off the highway.

While the Draft ED is in review it will also be made public and opportunity for review and input will be made. During this stage, necessary project permits and agreements will also be determined. The result of this step is the approval of the Environmental Document.

Abandoned Railroad Corridor Feasibility Study

Final Design
Environmental Clearance allows the approved project alternative to move forward to final design and right of way activities. During this stage, project designers will obtain additional mapping and utility information necessary to fully design the project. Project Plans, Specifications, and Estimates will be prepared for Bidding. Utility conflicts will be identified and relocation agreements with effected utilities executed.

Other documents required for Bidding will be prepared such as the Information Handout, Notice to Bidders, and Resident Engineer Pending File. Engineers will prepare Right of Way mapping.

Right of Way Acquisition
The geometric base map prepared during final design is used to order title reports and prepare appraisal maps. The appraisal maps indicate the sizes of the partial or full parcel acquisitions and remainders and show engineering details that may affect property appraisal values, such as fences, gates, water wells, and driveways. After appraisal maps are certified and the appraisal process is initiated, the fair market values of required acquisitions are established, then offers are made to parcel owners, negotiations begin, and hopefully a negotiated sale is concluded. Full Right of Way clearance must be complete prior to the start of Construction. In the case of full acquisitions, this typically entails:
 Issuing a 90-day relocation notice to the property owners to vacate their property.  Initiating and implementing sale of buildings or structures.  Performing demolition and clearance contracts, as necessary.

In some cases, it is necessary to enter into Condemnation on one of more parcels where an agreement could not be made with a property owner. Condemnation of property through eminent domain is initiated through a Resolution of Necessity, approved by the implementing agency for the particular project. Condemnation can be a long and costly process. For this reason, the community and stakeholder outreach portions of the process are very important.

Permitting and Mitigation
This step is initiated with the Draft Environmental Document with the identification of which permits and mitigations will be required. Application for the permits, or in some cases agreements, then takes place concurrently with the Right of Way Acquisition phase. Many permits and/or impacts will require mitigation, (whether it be fees paid to a mitigation bank, replanting, monitoring during construction, etc.).

These mitigations will be paid prior to construction, included in the project construction package, or handled by other agreements. Encroachment Permits for work in the various rights of way will also be secured.

Construction
After the above phases are complete, but before construction can begin, an implementing agency for construction must be determined, typically either Caltrans or the City or County in which the project lies.

A Cooperative Agreement for the construction is developed, to detail the roles and responsibilities. A bid package including the project plans, specifications, estimate, and bidder instructions will be prepared and advertised to bidders. Once bidding is complete and the Contractor is awarded the construction contract, construction of the project will begin. If Caltrans is the implementing agency for construction, and depending on funding type, additional steps involving the CTC will be required.

Construction Support
The City may choose to contract with a consultant for Construction Support during the construction of the project. Construction Support includes fielding all requests for information from the Contractor, providing construction inspection, testing, and quality assurance.

Abandoned Railroad Corridor Feasibility Study

Additional detailed discussion about the project delivery process can be found in the Caltrans Project Development Procedures Manual (PDPM) and the Local Assistance Procedures Manual (LAPM) for projects on State Highways.

6. Funding
While all projects will face challenges in attracting discretionary funds, bicycle and pedestrian projects are in high demand in the current funding outlook. Road capacity increasing projects have fallen out of favor in Federal and State programs, and several programs are available for multi-modal project. Even with this project type being in favor, a careful and persistent funding strategy will present the best chance for funding success.

6.1.Funding Outlook: Opportunities and Challenges
After a very long lull, there is finally action at both a State and Federal level to increase transportation funding.

In California, the passage of SB 1 in 2017 directs $5.4 billion annually towards a host of programs improving state and local road maintenance, transit agency support, bridge maintenance, bicycle and pedestrian programs, and goods movement, with smaller amounts directed at matching local transportation funds, planning, and freeway service patrols.

Congress also recently passed the Infrastructure Investment and Jobs Act (IIJA) which directs $550 billion over fiscal years 2022 through 2026 to nationwide infrastructure projects. The transportation portion of the IIJA appears to be focused on road and bridge maintenance, electric vehicles, and alternative transportation, which will put this project in good running for funding.

The long drought in transportation funding means a tremendous backlog of needs. That means competition for available funds remains extremely high, and discretionary funding is an uphill battle. It is particularly challenging for rural and urbanizing areas like Yuba City without the magnitude of matching funds or high traffic congestion figures, relative to urban areas, to motivate decision makers.

6.2.Funding Strategies
Funding agencies have their own priorities and goals in administering very competitive programs.

Therefore, the more the City can frame project applications to meet the needs of the funding entities, the better chance of funding success. This requires two key strategies:
 Make projects most competitive by focusing locally controlled money on pre-construction.

Projects that have already completed Project Study Reports or better yet, have received environmental clearances, have an increased chance of funding both because they have identified or cleared many major issues that affect cost, scope, and schedule. Local funding also provides concrete evidence of commitment to the project.
 Meet with funding agencies. Finding out directly from the staff how they do the analysis of the applications and make recommendations is key to determine how best to frame this project in funding applications.

Keep in Mind
• A long-term strategy cannot be too specific as the transportation funding is constantly evolving and will look different in 10 years.
• Funding for larger projects, rarely comes from a single source. As transportation funding programs evolve, so must the funding strategies, as a way to take maximum advantage of those changes to funding sources.

Abandoned Railroad Corridor Feasibility Study

7. Attachments
Attachment A: Yuba-Sutter County Regional Bike Path and Trail Exhibit Attachment B: Public Outreach & Engagement Materials
Attachment C: Civic Center Improvement Plans
Attachment D: Structure Advance Planning Studies
Attachment E: Cost Estimate Backups
Attachment F: Preliminary Right of Way Maps

FEASIBILITY STUDY
Abandoned Railroad Corridor

CITY OF YUBA CITY

PUBLIC WORKS DEPARTMENT

ATTACHMENT A
Yuba-Sutter County Regional
Bike Path & Trail Exhibit

FEASIBILITY STUDY
Abandoned Railroad Corridor

CITY OF YUBA CITY

PUBLIC WORKS DEPARTMENT

ATTACHMENT B
Public Outreach & Engagement
Materials

FEASIBILITY STUDY
Abandoned Railroad Corridor

CITY OF YUBA CITY

PUBLIC WORKS DEPARTMENT

ATTACHMENT C
Civic Center Improvement Plans

1H770
-Single Point
Rocca Way
Butte House Road
To Sutter
To Marysville
To Live Oak
To Nicolaus
SR 20 SR 20
SR 99
SR 99
1H770-Alternative 1:

Single Quadrant with Slip On-Ramp
Gray Avenue Gray Avenue
Civic Center Boulevard
Sunsweet Boulevard
Yuba-Sutter
Mall
Kelton Way
W Onstott Road

Rocca Way
Butte House Road
Civic Center Boulevard
1H770-Alternative 2:

Single Point
To Sutter
To Marysville
To Live Oak
To Nicolaus
SR 20 SR 20
SR 99
SR 99
Gray Avenue Gray Avenue
Yuba-Sutter
Mall
Sunsweet Boulevard
Kelton Way
W Onstott Road

Rocca Way
Gray Avenue Gray Avenue
Butte House Road
To Sutter
To Marysville
To Live Oak
To Nicolaus
1H770-Alternative 3:

Single Quadrant
SR 20 SR 20
SR 99
SR 99
Civic Center Boulevard
Sunsweet Boulevard
Yuba-Sutter
Mall
Kelton Way
W Onstott Road

FEASIBILITY STUDY
Abandoned Railroad Corridor

CITY OF YUBA CITY

PUBLIC WORKS DEPARTMENT

ATTACHMENT D
Structure Advance Planning
Studies

FEASIBILITY STUDY
Abandoned Railroad Corridor

CITY OF YUBA CITY

PUBLIC WORKS DEPARTMENT

ATTACHMENT E
Cost Estimate Backups

UPRR Multi‐Use Path Quantities and Cost Estimates
Cost Estimation by Item Quantities
HMA Unit Price Ton Total
12' HMA (Typ Sect 1) $160.00 2019 $323,040
AB Unit Price CY Total
12' AB (Type Sect 1) $145.00 2475 $358,875
AB shoulder (Typ Sect 1) $145.00 840 $121,800
Additional Paths Segments (Add‐ons to above Typ Sect 1 elements) Material Unit Price Unit Total
Ton
6' HMA (Typ Sect 2) $140.00 768 $107,520
SF
6' DG (Typ Sect 3) $6.00 25414 $152,484
CY
6' Conc (Typ Sect 4) $850.00 628 $533,800
CY
AB (Typ Sect 2 & 4) $145.00 942 $136,590
Material Unit price CY Total
Conc $850.00 296 $251,600.00
AB $145.00 198 $28,710.00
Unit Price CY
$1,600.00 57 $91,200.00
Unit Price CY
$1,200.00 45 $54,000.00
$145.00 40 $5,800.00
Unit Price CY
$ 900.00 93 $83,700.00
Unit Price SF Total
$35.00 1480 $51,800.00
Unit Price EA Total
$2,500.00 30 $75,000.00
Unit Price CY Total
$50.00 2000 $100,000.00
Unit Price CY Total
$80.00 4900 $392,000.00
Path Amenities
Benches Item Cost EA Total
$               2,750.00 6 $16,500.00
Trash Cans Item Cost EA Total
$               1,870.00 6 $11,220.00
Water Fountain Item Cost EA Total
$             10,780.00 3 $32,340.00
Bike Racks Item Cost EA Total
$ 858.00 6 $5,148.00
Dog Waste stations Item Cost EA Total
$ 330.00 6 $1,980.00
$/FT LF Total
$ 150.00 11903 $1,785,450.00
Unit Price EA Total
$          200,000.00 3 $600,000.00
Unit Price EA Total
$             75,000.00 1 $75,000.00
Cost Estimation by Lump Sum
Import Borrow
Roadway EX
Lump Sum Costs were estimated by reviewing similar jobs and weighing those jobs' size and complexities against UPRR.  As well as factoring in escalation as necessary.

Lighting
HAWK
Flashing Beacon
Minor Concrete (Sidewalk)
Minor Concrete Curb Ramp
Minor Concrete (miscellaneous items)
Minor Concrete (Curb and Gutter)
Detectable warning surface
Removable Bollards
Path Cost Estimates Backup Page 1 of 2
Item Use
Drainage $91,000
Erosion Control $230,000
Traffic Control $1,130,000
Landscaping $2,400,000
Signing and Striping $100,000

TOTAL PATH CONSTRUCTION COSTS
Typical Section
Option 1
Typical Section
Option 2
Typical Section Option
3 Typical Section Option
4 12' HMA 18' HMA 12' HMA + 6' DG 12' HMA +6' CONC
HMA $323,040 $430,560 $323,040 $323,040
AB $509,385 $645,975 $509,385 $645,975
DG $152,484
CONC $486,300 $486,300 $486,300 $1,020,100
Detect Surf $51,800 $51,800 $51,800 $51,800
Bollards $75,000 $75,000 $75,000 $75,000
Import Borrow $100,000 $100,000 $100,000 $100,000
Excavation $392,000 $392,000 $392,000 $392,000
Path Amenities $67,188 $67,188 $67,188 $67,188
Signals & Lighting $2,460,450 $2,460,450 $2,460,450 $2,460,450 Drainage $91,000 $91,000 $91,000 $91,000
Erosion Control $230,000 $230,000 $230,000 $230,000
Traffic Control $1,130,000 $1,130,000 $1,130,000 $1,130,000 Landscaping $2,400,000 $2,400,000 $2,400,000 $2,400,000 Signing and Striping $100,000 $100,000 $100,000 $100,000 TOTAL PATH COSTS $8,416,163 $8,660,273 $8,568,647 $9,086,553 ITEM
Path Cost Estimates Backup Page 2 of 2

UPRR Corridor Structures 1/30/2023
Overcrossing Alternative ACP
Item Description L W/H Area Unit Price Cost
ft ft SF $/SF
2 segments Path at walls 300 14 4200 30 $ 126,000
2 walls W Approach Walls 135 8 1450 85 $ 124,000
6 spans W Approach Structure - CIP PS Slab 345 16 5520 550 $ 3,036,000 Stabler POC Main Span - Steel Tied Arch 110 16 1760 1750 $ 3,080,000 4 spans Viaduct - CIP PS Slab 235 16 3760 550 $ 2,068,000 SR 20 POC spans Main Span - Steel Tied Arch 215 16 3440 1750 $ 6,020,000 7 spans E Approach Structure - CIP PS Slab 405 16 6480 550 $ 3,564,000 2 walls E Approach Walls 165 8 1770 85 $ 151,000
Total Bridge Length 1310 $ 17,768,000 Total Bridge Only Utilities 1 $ 100,000 $ 100,000
Total Length Incl. Approaches 1610 $ 18,270,000 TOTAL Stabler & SR 20 Note: Lower SF cost for POC walls because of lower average height. Back-to-back walls include embankment.

Stabler Lane and SR 20 POCs (APS No. 1)

UPRR Corridor Structures 1/30/2023
Civic Center Improvements - Overcrossing Alternative ACP Item Description L W/H Area Unit Price Cost
ft ft SF $/SF
2 segments Path at walls 270 14 3780 30 $ 114,000
2 walls W Approach Walls 135 8 1450 85 $ 124,000
5 spans W Approach Structure - CIP PS Slab 225 16 3600 550 $ 1,980,000 2 spans Main Span - Steel Tied Arch 280 16 4480 1750 $ 7,840,000 5 spans E Approach Structure - CIP PS Slab 350 16 5600 550 $ 3,080,000 2 walls E Approach Walls 135 8 1450 85 $ 124,000
Total Bridge Length 855 $ 12,900,000
Utilities 1 $ 50,000 $ 50,000
Total Length Incl. Approaches 1125 $ 13,320,000 TOTAL SR 99 Note: Lower SF cost for POC walls because of lower average height. Back-to-back walls include embankment.

SR 99 POC (APS No. 2)

UPRR Corridor Structures 1/30/2023
Overcrossing Alternative ACP
Item Description L W/H Area Unit Price Cost
ft ft SF $/SF
2 segments Path at walls 275 14 3850 30 $ 116,000
2 walls W Approach Walls 155 8 1660 85 $ 142,000
5 spans W Approach Structure - CIP PS Slab 345 16 5520 550 $ 3,036,000 2 spans Main Span - Steel Tied Arch 170 16 2720 1750 $ 4,760,000 5 spans E Approach Structure -CIP PS Slab 345 16 5520 550 $ 3,036,000 2 walls E Approach Walls 120 8 1290 85 $ 110,000
Total Bridge Length 860 $ 10,832,000
Utilities 1 $ 50,000 $ 50,000
Total Length Incl. Approaches 1135 $ 11,250,000 TOTAL SR 99 Note: Lower SF cost for POC walls because of lower average height. Back-to-back walls include embankment.

SR 99 POC (APS No. 3)

UPRR Corridor Structures 1/30/2023
Undercrossing Alternative ACP
Item Description L W/H_A (for Ex) Area/Vol Unit Price Cost ft ft/SF SF/CY $/SF_$/CY
Excavation 720 372 9920 200 $ 1,984,000
2 walls W Approach Walls 153 17 3890 100 $ 389,000
Stabler POC Undercrossing - CIP PS Slab 84 50 4200 550 $ 2,310,000 1 wall Intermediate wall 235 17 4000 100 $ 400,000
SR 20 POC spans Undercrossing - CIP PS Slab 91 65 5920 550 $ 3,256,000 2 walls E Approach Walls 153 17 3890 100 $ 389,000
Total UC Length 175 $ 5,566,000 Total UC Only
Pump Station 1 $ 1,500,000 $ 1,500,000
Utilities 1 $ 1,000,000 $ 1,000,000
Total Length Incl. Approaches 715 $ 11,230,000 TOTAL Stabler & SR 20 Use 12' vertical clearance for undercrossings (10' min) + 2.5' structure depth + 2' embedment = 16.5' wall height, say 17' Ramp length = 14.5/0.0475 = 305'
Assume two walls for half of approach ramp and excavated slopes on remainder Assume $200/CY for excavation to account for potential contaminated soil disposal Stabler Lane and SR 20 PUCs (APS No. 4)

Remediation Calculation by Item Cost
* Assumes that the excavate and burial method is used
Items Required for Remediation:

Excavation of Contaminated Soil
Worst Case ‐ assuming entire ROW width is contaminated
Width 80 ft Area 957360 sq ft Volume 177,289 CY
Length 11967 ft Depth 5 ft
Assuming contamination is only moderately beyond tracks Width 40 ft Area 478680 sq ft Volume 88,644 CY
Length 11967 ft Depth 5 ft
USE 90,000 CY (previous study estimated 81,000 CY)
Soil Cap (Imported Borrow)
Width 40 ft Volume 53186.667 CY
Depth 3 ft
Length 11967 ft USE 54,000 CY
Item Costs
Quantity Unit Item Cost
Excavation 90,000 CY $60
Soil Cap 54,000 CY $30
Subtotal
25% Cont
TOTAL $8,775,000
*this assumes all contaminated fill could be buried, if it can't then it would have to be hauled off to a designated storage site which is another estimation scenario $5,400,000
Item Total
$1,620,000
$7,020,000
$1,755,000
Remediation Calcs Page 1 of 2

Remediation Calculation by Escalation of Previous Study Year Yearly Escalation Cost
2014 Remediation Cost
(for burial option) N/A $4,000,000
2015 3% $4,120,000
2016 3% $4,243,600
2017 3% $4,370,908
2018 3% $4,502,035
2019 3% $4,637,096
2020 4% $4,822,580
2021 4% $5,015,483
2022 5% $5,266,258
2023 5% $5,529,570
25% Contingency $1,382,393
Escalated Total $6,911,963
Based on these two calculations, the Remediation Cost
assumed is $8,000,000
Remediation Calcs Page 2 of 2

$5.50/Sqyd of path every 5‐7 years*
Path Area: 20,381 sqyd Assuming every 6 years, Annual Cost: $18,700 One time cost: $112,096
$310/Light/Year*
Total Lights: 100 ea Annual Cost: $31,000
$0.38/Sqft/Year*
Path Area: 183,429 sqft Annual Cost: $69,800
$6 per Patrol*
Annual Cost: $4,380
$128/hr x 2hr/wk x 52wk/yr Annual Cost: $13,400
TOTAL ANNUAL MAINTENACE COST: $67,500
* Costs provided by the City, based on current maintenance rates.

Slurry Seal
Path Lighting
Landscape
Security Patrol
Trash Collection
Assuming 2 patrols per day, 365
days/year
Maintenance Worker @$103/hr and City Truck @$25/hr*
UPRR Corridor Multi‐Use Path
Maintenance Costs

FEASIBILITY STUDY
Abandoned Railroad Corridor

CITY OF YUBA CITY

PUBLIC WORKS DEPARTMENT

ATTACHMENT F
Preliminary Right of Way Maps

ATTACHMENT 2

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: February 21, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Professional Services Agreement with Smart Marketing & Public Affairs for Revenue Measure Consulting Services
Recommendation: Adopt a Resolution awarding a Professional Services Agreement to Smart Marketing & Public Affairs of Yuba City, CA, for Revenue Measure Consulting Services in an amount not to exceed $135,000 for base consulting fees plus $40,000 for other hard project costs for a total not to exceed $175,000, subject to immaterial modifications by the City Manager upon approval of the City Attorney as to legal form, with the finding that it is in the best interest of the City, and approve a supplemental appropriation of $75,000 from one-time federal American Rescue Plan Act funds to Account No. 1305-62701 (City Manager Budget - Professional Services)
Fiscal Impact: Up to $175,000 - Account No. 1305-62701 (City Manager Budget - Professional Services)
Purpose:

To develop a potential revenue measure for the November 2024 election.

Council's Strategic Goal:

A revenue measure would support the Council's overarching goal of Quality of Life, and address Public Safety, Fiscal Responsibility, Infrastructure, and Business Friendly.

Background:

On December 20, 2022, the City Council designated Vice Mayor Harris and Councilmember Boomgaarden to participate on a Revenue Ad Hoc Committee (Revenue Ad Hoc). During the month of January, there were two Revenue Ad Hoc meetings in which staff met with Vice Mayor Harris and Councilmember Boomgaarden to review a variety of items including the City's Five-Year Fiscal Outlook, public safety priorities, the City's road conditions, and creating a Citizen Ad Hoc Committee to provide input to the Revenue Ad Hoc. Upon review of the materials, the City's revenues are not projected to be sufficient to maintain fiscal sustainability, address public safety priorities, and improve the poor road conditions throughout the City. There was discussion about opportunities to generate additional revenues, including pursuing a revenue measure within the City limits. The Revenue Ad Hoc

expressed a desire to approach a potential revenue measure in a methodical manner that is well thought out and provides opportunities for the public to provide input.

The Revenue Ad Hoc would like to progress to the next step. As staff does not have expertise in this area, the Revenue Ad Hoc recommends hiring a consultant to assist the City with the process to consider placing a Revenue Measure on the November 2024 ballot.

Analysis:

Staff obtained a proposal from Smart Marketing & Public Affairs (Smart Marketing) of Yuba City to provide revenue measure consulting services. Smart Marketing will assist the City with public education and outreach for a potential November 2024 revenue measure. The proposal is broken into 4 phases:

Phase Description Timeframe
1 Assessment, Strategy and Message
Development
March - April 2023
2 Communicating the Need May - October 2023
3 Building Understanding November 2023 - April 2024
4 Qualifying the Ballot Measure May - August 2024
The Smart Marketing proposal is attached to the Professional Services Agreement (Agreement) and provides information as to anticipated deliverables with each phase.

The term of the Agreement shall commence upon execution of the Agreement and shall continue until the project scope of work is complete, or until 1) the City opts not to pursue a November 2024 revenue measure; or 2) until either party suspends the performance of the services, or terminates the Agreement by giving fifteen (15) days prior written notice.

Fiscal Impact:

The base consulting fee is $7,500 per month. Based on the term of the Agreement of March 2023 through August 2024 (18 months), the base consulting fee will be up to $135,000. In addition, staff is requesting to budget $40,000 for hard costs such as printing, bulk postage, flyers and signs, and print, broadcast and digital media, for a total budgeted cost not to exceed $175,000. There is approximately $100,000 available in Account No. 1305-62701 (City Manager Budget - Professional Services). Staff is requesting a supplemental appropriation of $75,000 from one-time federal American Rescue Plan Act funds, of which there is approximately $6 million available.

Alternatives:

1. Issue a Request for Proposals for Revenue Measure Consulting Services to obtain proposals from other consultants.

2. Do not proceed with pursuing a potential revenue measure and dissolve the Revenue Ad Hoc Committee.

3. Provide direction to the Revenue Ad Hoc Committee to explore other opportunities to generate revenues.

4. Direct staff to reduce the scope of services.

Recommendation:

Adopt a Resolution awarding a Professional Services Agreement to Smart Marketing & Public Affairs of Yuba City, CA, for Revenue Measure Consulting Services in an amount not to exceed $135,000 for base consulting fees plus $40,000 for other hard project costs for a total not to exceed $175,000, subject to immaterial modifications by the City Manager upon approval of the City Attorney as to legal form, with the finding that it is in the best interest of the City, and approve a supplemental appropriation of $75,000 from one-time federal American Rescue Plan Act funds to Account No. 1305- 62701 (City Manager Budget - Professional Services).

Attachments:

1. Resolution - Smart Marketing & Public Affairs

2. Exhibit A - Smart Marketing & Public Affairs Proposal Prepared By: Submitted By:

Diana Langley
City Manager
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO SMART MARKETING &

PUBLIC AFFAIRS OF YUBA CITY, CA, FOR REVENUE MEASURE CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $135,000 FOR BASE CONSULTING FEES PLUS $40,000 FOR OTHER HARD PROJECT COSTS FOR A TOTAL NOT TO EXCEED $175,000, SUBJECT TO IMMATERIAL MODIFICATIONS BY THE CITY MANAGER UPON

APPROVAL BY THE CITY ATTORNEY, WITH THE FINDING THAT IT IS IN THE BEST

INTEREST OF THE CITY, AND APPROVE A SUPPLEMENTAL APPROPRIATION OF $75,000 FROM ONE-TIME FEDERAL AMERICAN RESCUE PLAN ACT FUNDS TO ACCOUNT NO. 1305-62701
WHEREAS, on December 20, 2022, the City Council designated Vice Mayor Harris and Councilmember Boomgaarden to participate on a Revenue Ad Hoc Committee; and WHEREAS, during the month of January 2023, there were two Revenue Ad Hoc meetings in which staff met with Vice Mayor Harris and Councilmember Boomgaarden to review a variety of items including the City’s Five-Year Fiscal Outlook, public safety priorities, the City’s road conditions, and creating a Citizen Ad Hoc Committee to provide input to the Revenue Ad Hoc; and
WHEREAS, upon review of the materials, the City’s revenues are not projected to be sufficient to maintain fiscal sustainability, address public safety priorities, and improve the poor road conditions throughout the City; and
WHEREAS, the Revenue Ad Hoc would like to hire Smart Marketing & Public Affairs (Smart Marketing) of Yuba City, CA, to assist the City with the process to consider placing a Revenue Measure on the November 2024 ballot; and
WHEREAS, staff obtained a proposal from Smart Marketing that is broken into four (4) phases: 1) Assessment, Strategy and Message Development, 2) Communicating the Need, 3) Building Understanding, and 4) Qualifying the Ballot Measure; and WHEREAS, the City desires to award a contract for Revenue Measure Consulting Services to Smart Marketing & Public Affairs of Yuba City, CA in the amount of up to $175,000, which includes a base consulting fee of $7,500 per month for eighteen (18) months plus $40,000 for hard costs.

NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:

1. The Recitals are incorporated herein as if set forth in full.

2. The City Council finds that Smart Marketing & Public Affairs, LLC of Yuba City, CA is the most beneficial and qualified consultant for award based on its demonstrated competence, professional qualifications, availability, fair and reasonable costs, etc.

Among others, this finding is based on the completeness of proposal, understanding of project and City needs, methodology, scope of services and deliverables, project schedule, experience and qualifications, cost, and references. An award of Revenue Measure Consulting Services to Smart Marketing & Public Affairs of Yuba City, CA is in the best interests of the City.

3. The City Council awards the Revenue Measure Consulting Services to Smart Marketing & Public Affairs of Yuba City, CA in the amount of up to $175,000, which includes a base consulting fee of $7,500 per month for eighteen (18) months plus $40,000 for hard costs, and authorizes the City Manager to enter into an agreement for the same, subject to approval as to legal form by the City Attorney.

4. The City Council authorizes the Finance Director to make a supplemental appropriation of $75,000 from one-time federal American Rescue Plan Act funds to Account No. 1305-62701.

5. This Resolution shall take effect immediately.

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 21st day of February, 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:

A. Smart Marketing & Public Affairs Professional Services Agreement

EXHIBIT A

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of February 21, 2023, by and between the City of Yuba City, a municipal corporation (“City”) and Smart Marketing & Public Affairs (“Consultant”).

RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification and knowledge, including that of requirements of the Political Reform Act and the regulations of the Fair Political Practice Commission, to provide the services described in this Agreement on the terms and conditions described herein; and C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. The Consultant shall furnish the following services in a professional manner.

See Attached Proposal from Smart Marketing & Public Affairs for Revenue Measure Consulting Services
(Attachment A)

2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue through August 2024, or until 1) the City opts not to pursue a November 2024 revenue measure; or 2) until either party suspends the performance of these services, or terminates this Agreement by giving fifteen (15) days prior written notice.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed $135,000 for the base consulting fee and $40,000 for other hard project costs. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

2 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s invoices shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenses.

City shall pay Consultant not later than 30 days after approval of the monthly invoice by City staff. When payments made by the City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.

6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. Such compensation is subject to the conditions of Section 4 of this agreement.

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon request.
* Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).

Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regards to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided

3 that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
* Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant’s Books and Records:
a. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrated performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

4 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
b. Possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(B)(2).)

10. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Yuba City business license.

5 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs, including attorney fees and expenses in connection therein), arising out of the performance of this Agreement in whole or in part by any negligent act or omission of the Consultant, or anyone directly or indirectly employed by the Consultant or anyone for whose acts the Consultant may be liable, or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

15. Insurance Requirements. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, necessary insurance policies as described in Exhibit B.

16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City Diana Langley
City Manager
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
If to Consultant: Smart Marketing & Public Affairs
855 Harter Parkway, Suite 310
Yuba City, CA 95991

17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

6 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under the Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Sutter.

23. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

7 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

27. Prohibited Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from.

28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF YUBA CITY: SMART MARKETING
& PUBLIC AFFAIRS:

By: ________________________ By: _________________________ Diana Langley Crystal Martin
City Manager Owner
Attachments: Exhibit A – Scope of Services
Exhibit B - Insurance Requirements
Exhibit C - Workers’ Compensation Exemption

8 Exhibit A
Scope of Services
See attached proposal package dated February 14, 2023.

1 PROJECT PROPOSAL
CLIENT: City of Yuba City
DATE: February 14, 2023
PROJECT NAME: Revenue Measure Consulting

SCOPE OF PROJECT / SCOPE OF WORK
Smart Marketing (Consultant) will work with the City of Yuba City (City) on public education and outreach for a potential November 2024 revenue measure.

Phase 1: Assessment, Strategy and Message Development
Consultant will collaborate with the City Manager, City staff, City attorney and other City experts to develop a communication and outreach plan. Consultant will work with City to identify specific target audiences, specific targeted messages to be communicated to each audience and the mix of media that will most efficiently reach the audience.

Phase 2: Communicating the Need
Successful public finance ballot measures are presented as a carefully crafted solution to a clearly articulated problem. Before you can present the solution, you must define the problem to your audience of decision-makers. Consultant would collaborate with City to implement a focused communication effort aiming to raise awareness of the infrastructure needs that could be addressed by a ballot measure. This effort must include both outbound themes and also a component of collecting feedback and listening. Stakeholders and voters alike are much more likely to support a proposal that they help create. Consultant will recommend interactive communication vehicles such as two-way direct mail with a response mechanism, websites built around an online survey, interactive social networking tools and interactive community meetings as a means to facilitate dialogue.

Phase 3: Building Understanding
With the first phase of the communication and outreach plan complete, Consultant will collaborate with City to measure the impact of our communication and outreach efforts to date and refine the proposed ballot measure and its key features. Consultant will identify the specific targets where ongoing outreach and education efforts are most needed and will produce the biggest results.

The goal for this phase of the effort will be to build awareness about the specific measure proposed for the ballot and to build broad understanding around that proposal.

Part of this process will require demonstrating how the community feedback collected during the first phase of outreach was used to create the ballot proposal. Just like the first communication phase, this effort will have an interactive element to ensure that the stakeholders from throughout the community are invested in the process.

2 Phase 4: Qualifying the Ballot Measure
As the communication and outreach effort is nearing completion and contingent upon findings related to the viability of a measure, Consultant will work with City to qualify a measure for the ballot if the City Council elects to pursue such a measure.

The process for qualifying for the ballot will include working with the City Attorney to draft the ballot measure language and all necessary resolutions and ordinances; and assist staff in presenting these final documents along with the related research, conclusions and recommendations to the City Council and other relevant committees, organizations or elected bodies as needed.

Working closely with the City Clerk and the Sutter County Registrar of Voters Office, Consultant will help ensure City meets all the necessary deadlines and steps to place a measure on the November 2024 ballot. Once City has qualified, Consultant will work with City to make a smooth transition to the advocacy campaign that must be organized and funded by an independent campaign committee.

While the parties expressly acknowledge and agree that legal advice and services are not within Consultant’s scope of services, Consultant will strive to implement the scope of work consistent with current state laws governing outreach authorized and funded by local governments.

PRELIMINARY PROJECT TIMELINE
Educational Outreach Phase Timeframe
Phase 1: Assessment, Strategy and
Message Development March-April 2023
Phase 2: Communicating the Need May-October 2023
Phase 3: Building Understanding November 2023 - April 2024 Phase 4: Qualifying the Ballot Measure May-August 2024
TERM
The term of the Agreement shall commence upon receipt of a fully executed agreement and shall continue until the project scope of work is complete, or until 1) the City opts not to pursue a November 2024 revenue measure; or 2) until either party suspends the performance of these services, or terminates this agreement by giving fifteen (15) days prior written notice.

3 COMPENSATION
 Base Consulting Fee – Smart Marketing shall be paid a Base Consulting Fee of $7,500 per month (approximately 30 hours labor/month), payable within 30 days of receipt of invoice. The Base Consulting Fee shall be calculated on an actual hours worked basis for the initial and/or final month of service if less than a full calendar month, not to exceed the $7,500 monthly fee.
 Other hard project costs such as printing, bulk postage and mail house processing fees; flyers and signs; and print, broadcast and digital media buys are not included and will be budgeted for separately by the City throughout the project.
 Reimbursable expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the services and shall only be payable if specifically authorized in advance by City.

9 Exhibit B
Professional Services Agreement
Insurance Requirements
I. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City.

This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto as Exhibit C.

II. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

III. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

IV. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations be by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.

V. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:

10 A. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.

B. This policy shall be considered primary insurance as respects to the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.

C. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

D. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.

E. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.

F. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.

VI. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retention’s.

VII. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City, as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

11 Exhibit C
Certificate of Exemption From
Workers’ Compensation Insurance
I hereby certify that in the performance of the work for which the Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Worker’s Compensation Laws of the State of California.

Executed on this __________day of ___________, 2023, at _____________, California.

By:_______________________________ Title:________________________

CITY OF YUBA CITY
Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner

CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Manager’s Report

CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Council Reports
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
Adjournment