Balance Balance Period
Account Types 12/31/2022 3/31/2023 Activity
City Held Investments Local Agency Investment Fund 50,704,781 $ 49,784,796 $ (919,984) $ California Asset Management Program 1,353,591 1,363,732 10,141 Cash/Money Market 5,253,086 5,297,792 44,706 Federal Agency Securities 13,281,805 12,872,878 (408,927) US Treasuries 37,867,388 36,061,447 (1,805,941) Certificates of Deposit 1,046,940 1,046,940 0 Corporate Bonds and Asset Backed Sec. 17,567,891 20,750,870 3,182,979 City-held Assessment Districts & Municipals 2,149,412 2,150,993 1,581 Supranationals 787,328 795,093 7,765
Total City Held Investments 129,848,198 $ 130,124,543 $ 112,320 $ Trustee Held Investments Water Refunding 2013 357 $ 361 $ 4 $ TABs Refunding - 2015 2,486,495 2,359,472 (127,023) Gauche Park Refunding 650,192 650,193 2 Sunsweet CFD Refund 43,559 43,718 159 Wastewater Revenue Bonds - 2017 176 177 2Wastewater Revenue Bonds - 2018 54,279 20,605 (33,674) Total Trustee Held Investments 3,235,057 $ 3,074,526 (160,531) $ Total 133,083,255 $ 133,199,069 $ 115,813 $
City of Yuba City - Quarterly Investment Transaction Report March 2023 - Market Value Summary
Settlement Maturity Trade Activity Coupon Yield to
Description of Security Broker Date Date Date Type Rate Maturity Cost Basis Farm Federal Credit Bank 02/08/23 02/08/23 02/08/23 Maturity 2.250% 1.842% 1,000,000.00 Federal Home Loan Bank 03/10/23 03/10/23 03/10/23 Maturity 2.125% 1.795% 1,000,000.00US Treasury Notes Bank of Montreal 01/06/23 05/31/23 01/05/23 Sale 1.625% 1.870% 857,376.96 US Treasury Notes Bank of Montreal 03/03/23 05/31/23 02/28/23 Sale 1.625% 2.340% 247,695.31 US Treasury Notes Bank of Montreal 02/06/23 10/31/23 02/03/23 Sale 1.625% 1.433% 856,441.40 JP Morgan Chase 03/16/23 03/16/24 03/16/23 Call 0.697% 0.479% 600,000.00 Mercedes Benz Auto Loans 02/15/23 11/15/24 02/15/23 Sale 0.400% 0.400% 2,766.18 Mercedes Benz Auto Loans 03/15/23 11/15/24 03/15/23 Sale 0.400% 0.400% 8,594.44 US Treasury Notes JP Morgan Securities, LLC 03/14/23 06/30/25 03/07/23 Sale 0.250% 0.360% 746,103.52US Treasury Notes HSBC Securities Inc 03/09/23 12/31/25 03/06/23 Sale 0.375% 0.728% 319,769.53 Hyundai Auto Receivables 03/15/23 01/15/26 03/15/23 Sale 0.380% 0.380% 6,214.19 Carmax Auto Owner 03/15/23 06/15/26 03/15/23 Sale 0.550% 0.550% 2,378.46 GM Financial Consolidated Auto 03/16/23 06/16/26 03/16/23 Sale 0.480% 0.480% 632.01 US Treasury Notes HSBC Securities Inc 03/13/23 07/31/26 03/09/23 Sale 0.625% 3.330% 364,796.88 US Treasury Notes HSBC Securities Inc 03/17/23 07/31/26 03/14/23 Sale 0.625% 0.346% 638,297.85 US Treasury Notes Bank of Montreal 01/23/23 11/15/26 01/19/23 Sale 2.000% 4.060% 231,796.87 $ 6,882,864
US Treasury Notes BNP Paribas Securities Corp 01/06/23 11/15/26 01/05/23 Buy 2.000% 4.060% 857,648.44 Microsoft Corp Marketaxess Corp 03/17/23 02/06/27 03/14/23 Buy 3.300% 4.360% 673,813.00 US Treasury Notes BNP Paribas Securities Corp 02/06/23 04/30/27 02/03/23 Buy 2.750% 3.730% 841,572.27 Apple Inc. TD Securities 01/23/23 09/12/27 01/19/23 Buy 2.900% 3.940% 286,863.00 Pepsico BofA Securities, NY 02/09/23 10/15/27 02/07/23 Buy 3.000% 4.238% 711,060.00Farm Federal Credit Bank Cantor Fitzgerald & Co. 02/08/23 01/06/28 02/07/23 Buy 4.000% 3.891% 433,098.97 Bristol Myers Squibb Marketaxess Corp 03/13/23 02/20/28 03/09/23 Buy 3.900% 4.930% 334,379.50 Astrazeneca Finance BofA Securities 03/03/23 03/03/28 02/28/23 Buy 4.875% 4.920% 324,343.50 Mastercard JP Morgan Securities LLC 03/09/23 03/09/28 03/06/23 Buy 4.875% 4.900% 324,684.75 Federal Home Loan Bank Wells Fargo Charlotte, NC 03/13/23 03/10/28 03/10/23 Buy 4.500% 4.114% 1,017,260.00Nestle Holdings, Inc JP Morgan Securities LLC 03/14/23 03/14/28 03/07/23 Buy 5.000% 5.010% 674,824.50 Home Depot Goldman Sachs, NY 03/21/23 03/15/28 03/17/23 Buy 0.900% 4.193% 511,974.00 Total Purchases $ 6,991,522
Investment Activity
January, February, March 2023
SALES/REDEMPTIONS
Total Sales/Redemptions
PURCHASES
Agenda Item 14
CITY OF YUBA CITY
STAFF REPORT
Date: May 16, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Plumas Street Improvements - Water Tower Abatement Recommendation: Adopt a Resolution of the City Council of the City of Yuba City awarding a standard agreement to JM Environmental, Inc., in the amount of $175,829 for the abatement services on the Plumas Street water tower, and adopt a CEQA Class 1 Exemption (Existing Facilities) for the project
Fiscal Impact: $193,411.90 – CIP Account No. 1268 (Plumas Water Tower Maintenance) $193,411.90 – Total Abatement Cost
$175,829.00 – Construction Amount
$ 17,582.90 – 10% Contingency
Purpose:
To award construction contracts to begin the Plumas Street water tower portion of the Plumas Street Improvements Project.
Council Strategic Goal:
This project addresses two Council Strategic Goals, “Business Friendly” and “Infrastructure.” This project will make the downtown area a more attractive place for residents by rehabilitating the City’s water tower and creating a park and other visible upgrades.
Background:
In 2022, the California Department of Transportation (Caltrans) created the Clean California Local Grant Program (CCLGP) to fund projects which would clean and beautify public spaces, to improve spaces for walking and recreation. Through the review of this grant opportunity, City staff determined that the grant could fund multiple improvements along Plumas Street, while also making new improvements.
In March of 2022, the City received a notification from Caltrans that it had been awarded $2,235,628 for the Plumas Street project, which includes the following improvements to the downtown area:
• Water Tower
o Abate lead paint and remove old lighting systems on the water tower o Re-paint the water tower and install new logos which match current City Standards o Install new multi-colored LED uplighting on water tower • Park Under/Adjacent to Water Tower
o Park/common area with a shade structure
o Playscape Installation
o Drought-tolerant landscaping installation
o Digital event board installation
o Public Mural Installation
• Plumas Street Improvements
o Installation of trash/recycling bins from Bridge Street to State Route 20 o Installation of an illuminated gateway arch at the downtown area entrance, which compliments Plumas Street’s current architectural style • Center Street:
o Install festoon-style lighting that crisscrosses over Center Street o Install trash/recycling bins along Center Street
Analysis:
Since 2008, the City has solicited Requests for Proposals (RFPs) multiple times for the abatement, repainting, logo installation, and lighting retrofit of the City's iconic structure. Due to previous budget constraints, the City has not been able to fund the project. Additionally, the water tower is 125 feet-tall, which narrows the pool of contractors that are able to perform the work with the necessary certifications to work at these heights.
Through the previous RFP advertisements, JM Environmental, Inc. (JM), was the only remediation contractor, certified to work at this height, that responded to said RFPs. JM is highly respected in their industry for their work, and staff is confident that they will successfully complete the water tower abatement.
Staff has conferred with Caltrans, and received approval to perform sole-source contracts for the water tower work due to the previous RFP history and the limited availability of contractors that are certified to perform the work. Staff has prepared the Sole Source Justifications for JM.
Fiscal Impact:
JM's abatement contract is $175,829, and staff is also requesting a construction contingency of $17,582.90 which equates to 10% of the construction cost. This equates to a total construction cost of $193,411.90.
The project is proposed to be funded through CIP Account No. 1268 (Plumas Street Improvements Project).
The account currently has a balance of $2,134,328. Any of the construction and/or contingency funds that are not used on this project will revert back to the CIP Account to increase funding for other portions of the project.
Once the project is constructed, staff will coordinate with Caltrans in order to have the $2,235,628 in
grant funds reimbursed to the City.
Environmental:
Staff has performed a preliminary environmental assessment of this project relative to California Environmental Quality Act (CEQA) requirements and determined that it falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, as the abatement of lead paint on the existing City facility is defined as a repair, maintenance, or minor alteration of the existing public facility, involving negligible or no expansion. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines 15300.2 apply to this project.
Alternatives:
Do not award the contract to JM and issue another request for proposals. This may result in delays that could jeopardize project funding.
Recommendation:
Adopt a Resolution which makes the following recommendations:
A. Award a Standard Agreement to JM Environmental, Inc. of Granite Bay, CA for the abatement of hazardous materials on the Plumas Street water tower in the amount of $175,829 B. Authorize the City Manager to execute the contracts on behalf of the City, subject to review and approval as to legal form by the City Attorney
Attachments:
1. Attachment 1 - Resolution - JM and Yesco Award with Exhibits 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 AWARDING A STANDARD AGREEMENT TO JM ENVIRONMENTAL, INC. IN THE AMOUNT OF $175,829 FOR THE ABATEMENT SERVICES ON THE PLUMAS STREET WATER
TOWER, AWARDING A STANDARD AGREEMENT TO YESCO ADMINISTRATION, LLC IN THE AMOUNT OF $390,875.37 FOR THE PAINTING AND LIGHTING
SERVICES ON THE PLUMAS STREET WATER TOWER, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE CONTRACTS ON BEHALF OF THE CITY,
SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM BY THE CITY
ATTORNEY
WHEREAS, the City has been awarded $2,235,628 through the Clean California Local Grant Program, administered by the California Department of Transportation, for the Construction of the Plumas Street Historic District and Water Tower Park Improvements Project; and,
WHEREAS, staff has solicited numerous Requests for Proposals since 2008 for the Plumas Street Water Tower’s lead abatement, re-painting, and lighting retrofit; and, WHEREAS, due to the height of the water tower, contractors performing work on the tower are required to have certain certifications to perform work at heights; and, WHEREAS, JM Environmental, Inc. and YESCO have been found to be responsive, and responsible proposers in the past, and have all of the certifications necessary to perform their respective work; and,
WHEREAS, staff recommends awarding a Standard Agreement to JM Environmental, Inc. for water tower abatement services; and, WHEREAS, staff recommends awarding a Standard Agreement to YESCO Administration, LLC for water tower painting, logo installation, and lighting retrofit services; and,
WHEREAS, it has been determined by the City Council that such provisions are in the public interest.
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:
Section 1. The City Council of the City of Yuba City finds that JM Environmental, Inc, and YESCO Administration LLC are the most qualified contractors, and have demonstrated competence. The City Council finds that JM Environmental, Inc. and YESCO Administration LLC have the professional qualifications for the services required, availability, and can provide the services at a fair and reasonable cost. The City Council approves the “Standard Agreements” attached as Exhibit “A” with JM Environmental, Inc. and Exhibit “B” with YESCO Administration LLC, subject to their material terms. The City Manager is authorized to execute the same on behalf of the City and to make any nonmaterial, technical, and clerical edits and corrections to the agreements subject to approval as to form by City Attorney.
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 16th day of May, 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
Attachment(s):
Exhibit A – (Draft) Standard Agreement – JM Environmental Exhibit B – (Draft) Standard Agreement – YESCO
EXHIBIT A
EXHIBIT B
Agenda Item 15
CITY OF YUBA CITY
STAFF REPORT
Date: May 16, 2023
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: Stephan Thornton, Police Lieutenant
Summary
Subject: Introduce an Ordinance regulating Trespassing on Private Property and Public Nudity
Recommendation: A. Hold a Public Hearing; then
B. Introduce an Ordinance of the City Council of Yuba City regulating trespassing and public nudity by amending Title 5 (Public Welfare, Morals, and Conduct) of the City of Yuba City Municipal Code by adding Chapter 25, sections 5-25.010 through 5-25.030 (Trespass on Private Property) and Chapter 26, sections 5-26.010 through5-26.040 (Public Nudity Prohibited), by title only and waive the first reading
Fiscal Impact: No negative fiscal Impact. Small revenue increase due to issued citations Purpose:
Help support property-owner rights, reduce the number of calls for service to the Police Department, and provide a path of enforcement for people who consistently trespass on private property and disrupt local businesses, as well as addressing those who expose themselves while in public view. The ability to take enforcement action will reduce the number of calls to the Police Department by reducing the number of follow-up calls received and help raise the quality of life within our community.
Background:
Local property owners, including businesses, are experiencing numerous individuals who are coming onto private property without permission. These trespassers are obstructing businesses or otherwise disrupting the lawful use of the property. Many trespassers become belligerent and aggressive when asked to leave the property. Additionally, the community has also experienced individuals who choose to physically expose themselves in public places.
California does have certain laws in place designed to address this behavior. However, these trespassing and public nudity laws are designated as “specific intent” crimes. This means that to obtain a successful prosecution for trespassing under current state law, the Police Department and District Attorney’s office must show the suspect entered and remained on private property, open to the public, with the specific intent of disrupting the business. As a practical matter, it is difficult to prove the specific intent that these individuals intended to trespass or disrupt the lawful use of the property.
Likewise, in cases of public nudity, law enforcement and the prosecuting District Attorney must show the act was done with the intent of self-sexual gratification. However, during the past several years, the Police Department has seen an increase in indecent exposure reports. These reports consist of individuals exposing their breasts and genitalia to passing motorists as well as members of the community on private property open to the public, such as shopping centers and stores. A strong percentage of these incidences are not related to self-sexual gratification, but instead appear to be designed to shock the senses, etc.
During 2022 the Yuba City Police Department responded to 312 trespassing calls for service that generated 124 reports. During this same time period, the police department responded to 86 reported indecent exposures, which generated 8 reports. Since January 1, 2023, the Yuba City Police Department has responded to 114 reported trespassing calls (44% were at local businesses) and wrote 49 reports. During this same time period, the police department has responded to 18 calls for indecent exposure and written 5 reports.
To address these issues, staff are proposing an update to the City’s Municipal Code to provide additional enforcement options for exposure and to allow removal of trespassers who are on property without the owner’s permission. If adopted, these updates close what is essentially an existing loophole under State by providing an additional enforcement option to remove persons from private property that is open to the public. The updates also act as a deterrent by imposing citations and associated fines.
Analysis:
The purpose of these ordinances is to help provide a peaceful and safe environment for community members to shop and enjoy a higher quality of life within the City of Yuba City. These ordinances also provide a legal means for removing trespassers from private property, including property otherwise open to the public, as well as public exposure.
Fiscal Impact:
No negative fiscal Impact. Small revenue increase due to issued citations.
Recommendation:
A. Hold a public hearing; then
B. Introduce an Ordinance of the City Council of Yuba City regulating trespassing and public nudity by amending Title 5 (Public Welfare, Morals, and Conduct) of the City of Yuba City Municipal Code by adding Chapter 25, sections 5-25.010 through 5-25.030 (Trespass on Private Property) and Chapter 26, sections 5-26.010 through5-26.040 (Public Nudity Prohibited), by title only and waive the first reading.
Attachments:
1. Trespassing and Nudity Ordinance (Proposed)
Prepared By: Submitted By:
Stephan Thornton
Police Lieutenant
Diana Langley
City Manager
ATTACHMENT 1
Ordinance XXXX
Trespass and Nudity Ordinance
ORDINANCE _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YUBA CITY, CALIFORNIA, PROHIBITING TRESPASS ON
PRIVATE PROPERTY; PROHIBITING NUDITY IN PUBLIC
PLACES
WHEREAS, the City has experienced a sudden increase of trespass upon private property where private property owners have requested that trespassing individuals leave, but such individuals refuse to leave; and
WHEREAS, the City currently does not have prohibitions against trespass onto private property in order to address trespass upon private property as described above; and WHEREAS, the City currently does not have prohibitions against nudity in public places; and
WHEREAS, a person’s public exposure of his or her private parts (1) invades the privacy of members of the public who are unwillingly or unexpectedly exposed to such conduct and unreasonably interferes with the rights of all persons to use and enjoy the public streets, sidewalks, street medians, parklets, plazas, public rights-of-way, transit vehicles, stations, platforms, and transit system stops,
(2) creates a public safety hazard by creating distractions, obstructions, and crowds that interfere with the safety and free flow of pedestrian and vehicular traffic, and
(3) discourages members of the public from visiting or living in areas where such conduct occurs.
WHEREAS, based upon the forgoing, the City Council desire to enact this Ordinance for the purpose of securing and promoting the public health, safety, and general welfare of all persons in the City; and
WHEREAS, therefore, the City Council desires to adopt this Ordinance for the forgoing reasons.
NOW, THEREFORE, the City Council of the City of Yuba City does ordain as follows:
SECTION 1. Recitals. The recitals set forth above are incorporated herein by this reference.
Ordinance XXXX
Trespass and Nudity Ordinance
SECTION 2. Trespass on Private Property. Chapter 25 is hereby added to Title 5 of the Yuba City Municipal Code as follows:
Chapter 25 – Trespass on Private Property Prohibited
Section 5-25.010 – Definitions.
The following words and phrases shall have the following meanings when used in this Chapter 5.25:
(a) “Owner” means the actual owner of the private property, a lessee, or other person in charge of the private property or business premises. (b) “Agent” means any person or organization expressly authorized by the owner of the private property or business premises to serve the notice of trespass.
(c) “Person” shall have the same definition as provided in Yuba City Municipal Code Section 1-313(m).
(d) ”Private Property” shall mean private property or business premises of the owner and property that is not owned by a public entity (e.g., the City of Yuba City).
(e) “Notice of Trespass” means the verbal or written notice by the owner or agent to a person who is on private property indicating that such person is no longer permitted to be on the property. The record of notice of trespass shall be documented with the Yuba City Police Department as provided in this Chapter 5.25. The notice of trespass must contain the following:
1) The address of the private property or business premises; 2) The date and time such notice of trespass was given; 3) The name of the owner or agent serving the notice of trespass; and 4) The name and date of birth of the person being given the notice of trespass.
Section 5-25.020 – Trespass on Private Property Prohibited; Violations.
(a) Except as provided under Section 5.25.030, it is unlawful for any person to enter or remain upon any private property or business premises after having received a notice of trespass from the owner or agent of private
Ordinance XXXX
Trespass and Nudity Ordinance
property to keep off or keep away therefrom. Such notification shall be served by the owner or agent to the person and shall be in the form of a notice of trespass.
(b) Prior to any enforcement of this Chapter 5.25 against any person receiving a notice of trespass, the notice of trespass shall be documented with the Yuba Police Department in the manner as prescribed by the Chief of Police. The Yuba Police Department may coordinate with the owner or agent of private property to deliver the notice of trespass. (c) In addition to any other remedy or punishment available by any law, any person who violates this Chapter 5.25 is guilty of a misdemeanor and shall be punished by a fine not exceeding $1,000 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.
Further, violations of this Chapter 5.25 may also be enforced pursuant to Chapter 2 of Title 1 of the Yuba City Municipal Code.
Section 5-25.030 – Exceptions.
This Chapter 5.25 shall not apply in the following circumstances:
(a) Where the owner or agent rescinds a notice of trespass by the giving of written permission to enter or remain upon the private property or business premises, and, further, documenting such rescission with the Yuba Police Department in the manner prescribed by the Chief of Police.
Such permission shall void the existing notice of trespass, and should the owner or agent want to exclude the person at a later time, that person shall be re-noticed pursuant to Section 5-25.020.
(b) Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of age, ancestry, color, disability, genetic information, gender (including gender identity and gender expression), marital status, medical condition, national origin, race, religion, sex, or sexual orientation.
(c) Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers.
(d) Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities. (e) Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech including, but not limited to, peaceful expressions of political or religious opinions not involving offensive personal conduct.
Ordinance XXXX
Trespass and Nudity Ordinance
(f) Where the person who is upon another’s private property or business premises is there under claim of legal right. This exception is applicable, but not limited to, to the following types of situations involving disputes where the participants have available to them practical and effective civil remedies:
(1) Marital and post-marital disputes;
(2) Child custody or visitation disputes;
(3) Disputes regarding title to or rights in real property; (4) Landlord-tenant disputes;
(5) Disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute;
(6) Employer-employee disputes;
(7) Business-type disputes such as those between partners; (8) Debtor-creditor disputes;
(9) Instances wherein the person claims rights to be present pursuant to order, decree or process of a court.
(g) Circumstances in which Chapter 23 of Title 5 of the Yuba City Municipal Code is applicable.
(h) Circumstances in which enforcement of this Chapter 5.25 is not permitted by applicable federal, state, or local law.
SECTION 3. Public Nudity. Chapter 26 is hereby added to Title 5 of the Yuba City Municipal Code as follows:
Chapter 26 – Public Nudity Prohibited
Section 5-26.010 – Purpose and Findings.
The City Council finds that a person's public exposure of his or her private parts
(a) invades the privacy of members of the public who are unwillingly or unexpectedly exposed to such conduct and unreasonably interferes with the rights of all persons to use and enjoy the public streets, sidewalks, street medians, parklets, plazas, public rights-of-way, transit vehicles, stations, platforms, transit system stops and private properties open to the public;
Ordinance XXXX
Trespass and Nudity Ordinance
(b) creates a public safety hazard by creating distractions, obstructions, and crowds that interfere with the safety and free flow of pedestrian and vehicular traffic;
(c) discourages members of the public from visiting or living in areas where such conduct occurs; and
(d) the City Council has therefore enacted the provisions of this Chapter
5.26 for the purpose of securing and promoting the public health, safety, and general welfare of all persons in the City of Yuba City.
Section 5-26.020 – Definitions.
For the purposes of this Chapter 5.26, the following words and phrases are defined as follows:
(a) “Owner” means the actual owner of the private property, a lessee, or other person in charge of the private property or business premises. (b) “Agent” means any person or organization expressly authorized by the owner of the private property or business premises to permit a person to be nude thereon.
(c) “Nude” or “nudity” means exposure of the breasts, genitals, perineum, or anal region.
(d) “Person” shall have the same definition as provided in Yuba City Municipal Code Section 1-313(m).
(e) “Private Property” shall mean private property or business premises of the owner and property that is not owned by a public entity (e.g., the City of Yuba City).
(f) “Public property” means any property owned or controlled by the City of Yuba City, including, but not limited to, any building, street, sidewalk, bike path, alley, parking lot, plaza, park, playground, pool, beach or adjacent waters, public right-of-way, or other place open to the public.
Section 5-26.030 – Public Nudity Prohibited.
Except as provided by Section 5.26.040, no person shall be nude upon public property, upon any portion of private property that is visible from public property, or on private property open to the public.
Section 5-26.040 – Exceptions.
This Chapter 5.26 shall not apply to the following:
Ordinance XXXX
Trespass and Nudity Ordinance
(a) Children under the age of ten (10) years;
(b) The exposure of a breast while breastfeeding a nursing child; (c) Theatrical performances in a theater, concert hall, or other similar establishment;
(d) Nudity within a fully enclosed structure intended to allow brief nudity, such as a bathroom, locker room, dressing room, or changing room; (e) Any permitted parade, fair, or festival held under a City or other government issued permit; and
(f) Any act that is expressly permitted or prohibited by any law of the state of California or any other applicable law.
(g) In the case of private property that is open to the public, where the owner or agent of private property permits a person to be nude thereon and nudity is permitted on the private property pursuant to the Yuba City Municipal Code or applicable law, including, without limitation, Title 8 of the Yuba City Municipal Code.
(h) Residential private property where the owner, agent, or tenant of the private party permits nudity to occur thereon.
Section 5-26.040 – Violations.
(a) In addition to any other remedy or punishment available by any law, any person who violates this Chapter 5.26 is guilty of a misdemeanor and shall be punished by a fine not exceeding $1,000 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.
Further, violations of this Chapter 5.25 may also be enforced pursuant to Chapter 2 of Title 1 of the Yuba City Municipal Code.
(b) In addition to any other remedy or punishment available by any law, violations of this Chapter 5.26 is hereby declared a public nuisance and may be abated pursuant to Chapter 8 of the Yuba City Municipal Code.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
Ordinance XXXX
Trespass and Nudity Ordinance
SECTION 5. Effective Date and Publication. This ordinance shall take effect 30 days after its adoption. The City Clerk, or duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted in the manner required by law.
Introduced and read at a ____ meeting of the City Council of the City of Yuba City on the ____ day of _____, 2023, and passed and adopted at a regular meeting held on the ____th day of _____, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Wade Kirchner, Mayor
City of Yuba City
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Ciara Wakefield, Deputy City Clerk Shannon Chaffin, City Attorney Aleshire & Wynder, LLP
Agenda Item 16
CITY OF YUBA CITY
STAFF REPORT
Date: May 16, 2023
To: Honorable Mayor & Members of the City Council;
From: Community Services Department
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Montna Bocce Ball Courts (Plans and Specifications) Recommendation: Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption, approving the plans and specifications and authorizing advertisement for bids for the Montna Bocce Ball Courts Project
Fiscal Impact: Engineer’s Estimate $301,010.00 – Account No. 1305 (Bocce Ball Courts Sam Brannan Park)
Purpose:
To provide additional recreational opportunities for our community, including individuals with special needs.
Council Strategic Goal:
This project addresses the City Council's Strategic Goal of improving the City’s infrastructure, as it will allow the City to expand recreational infrastructure at Sam Brannan Park, ultimately improving the quality of life for the community.
Background:
The Yuba/Sutter Special Olympics is an active member of the Special Olympics Northern California Inc.
The Yuba/Sutter Special Olympics was created in 1968 by four families which had children with disabilities. One of the four founding families was the Montna family, which included father Larry, mother Norma, and their son, Butchie. Larry and Norma donated funds to build Butchie’s Pool back in 1980, which was in service from 1980 to 2016. Larry passed away in 2020 and Norma passed away in 2017. Their estate plan included a $300,000 donation to the Yuba/Sutter Special Olympics.
In the Fall of 2021, Mr. T.J. Fetters, the Area Director for Yuba/Sutter Special Olympics, approached City staff requesting the City construct new bocce ball courts at Sam Brannan Park. For the past seven years, the Yuba/Sutter Special Olympic teams have utilized the two bocce courts at Kingwood Park.
Due to the high usage of the courts at Kingwood Park and the desire to facilitate tournaments and increase participation, it was determined that Sam Brannan Park was the best location for new courts.
At the September 6, 2022 City Council meeting, Council adopted a Resolution which Authorized the City Manager to execute a Donation and Facility Use Agreement between the City of Yuba City and Special Olympics Northern California Inc. This would allow the City to accept a $300,000 donation for the construction of a new bocce court facility at GAP. The proposed facility includes the construction of four bocce courts with a concrete structure and artificial turf, an ADA-compliant concrete path to the
courts, perimeter court walkways, six-foot-long steel benches, decomposed granite hardscaping, a gateway arch, and various amenities for the bocce courts.
Analysis:
Through the design process, the location of the courts has been reviewed for both Sam Brannan Park and Gauche Aquatic Park (GAP). Ultimately, staff determined that Sam Brannan Park would be the best location for the courts due to cost and constructability. The cost for installation at Sam Brannan is significantly less than GAP because the Sam Brannan location does not require soil import or security fencing, and is much more accessible for contractors to mobilize and perform work. Additionally, the location will be much more visible to the public, being in direct sight from Gray Avenue, which may increase the public's awareness and usage of the facility. Lastly, these improvements to Sam Brannan coupled with the upcoming restroom improvements, and other recent park construction will likely make Sam Brannan's daily usage increase, which may help mitigate vandalism and other existing issues at the park.
Public Works staff has prepared the project plans, specifications, and cost estimate for the project. With Council approval of the plans and specifications and authorization to advertise for bids, staff proposes the following schedule:
Advertise for Bid: May 2023
Award Contract: June 2023
Start of Construction: July 2023
Completion: September 2023
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. Construction management and inspection will be administered by the City’s Public Works Department staff.
Fiscal Impact:
The engineer's estimate for the construction of base bid schedule items is $301,010.00. The base bid sets the bocce courts' 4' perimeter concrete paths and benches as add-alternate bid items. Staff is proposing this option to stay within budget and to allow for future phased improvements. The project will be funded through CIP Account No. 1305 (Bocce Ball Courts Sam Brannan Park). Currently, Account No. 1305 has a balance of $292,460. At the time of award, staff will propose funding recommendations to address potential funding shortfalls, based on actual bid prices.
Environmental:
Staff has performed a preliminary environmental assessment of this project and has determined that it falls within Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, as the installation of new bocce courts within existing City facilities is a minor alteration of an existing public facility involving negligible or no expansion. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines 15300.2 apply to this project.
Alternatives:
Instruct staff to modify the plans and specifications. The project delivery schedule will be impacted.
Reccomendation:
Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption, approving the plans and specifications and authorizing advertisement for bids for the Montna Bocce Ball Courts Project.
Attachments:
1. Attachment 1 - Resolution
2. Attachment 2 - Project Exhibit
Prepared By: Submitted By:
Brad McIntire
Community Services Director
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ADOPTING A CEQA CLASS 1 CATEGORICAL EXEMPTION,
APPROVING THE PLANS AND SPECIFICATIONS, AND
AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE MONTNA
BOCCE BALL COURTS PROJECT
WHEREAS, the Public Works Department intends to solicit bids for construction of the Montna Bocce Ball Courts Project.
NOW, THEREFORE, be it resolved and ordered by the City Council of Yuba City as follows:
Section 1. The City has performed a preliminary environmental assessment of this project relative to California Environmental Quality Act (CEQA) requirements and the City Council finds and determines that the project falls within Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, as the installation of new bocce courts within existing City facilities is a minor alteration of existing public facility involving negligible or no expansion. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project.
Section 2. The plans and specifications for the Montna Bocce Ball Courts Project be approved.
Section 3. The Public Works Department is hereby authorized and directed to advertise for bids for the Montna Bocce Ball Courts Project.
Section 4. 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 16th day of May, 2023.
AYES:
NOES:
ABSENT:
Wade Kirchner, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
1201 CIVIC CENTER BLVD. YUBA CITY, CA 95993
(530) 822-3288
SUBMITTED BY: DESIGN BY: DRAWN BY: CHECKED BY: DATE OF PLANS:
DRAWING NO.
SHEET ____
OF ____ SHEETS
CITY OF YUBA CITY
MONTNA BOCCE BALL COURTS
PROJECT EXHIBIT
J. WOLFFE
JGW
JGW
STAFF
03/22/2023
##
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5563-B
LAYOUT LEGEND:
ADA-COMPLIANT CONCRETE WALKWAY
4' PERIMETER WALKWAY
(ADD ALTERNATE ITEM)
TURF BOCCE COURTS WITH
CONCRETE BASE
STEEL GATEWAY ARCH
6' STEEL BENCH (ADD ALTERNATE ITEM)
RELOCATE EXISTING PICNIC BENCHES
STABILIZED DECOMPOSED GRANITE
GOLD/ORANGE.
Feet
0 16 32
SAM BRANNAN PARK
810 GRAY AVENUE
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