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
OCTOBER 17, 2023
REGULAR MEETING OF THE HOUSING SUCCESSOR AGENCY AND
CITY COUNCIL
CITY OF YUBA CITY
5:45 P.M. CLOSED SESSION
FREMONT ROOM
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 OF THE HOUSING SUCCESSOR AGENCY AND
CITY COUNCIL - CITY OF YUBA CITY
OCTOBER 17, 2023
5:45 P.M. CLOSED SESSION
FREMONT ROOM
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://yubacity-net.zoom.us/webinar/register/WN_NnFzh__hSeCfids5CXKXdQ. 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.
Public Comment:
Any member of the public wishing to address the City Council on any item listed on the closed session agenda will have an opportunity to present testimony to the City Council in the Council Chamber prior to the City Council convening into closed session. Comments from the public will be limited to three minutes. No member of the public will be allowed to be present once the City Council convenes into closed session.
Closed Session
A. Confer with Real Property Negotiator (Government Code § 54956.8) Property: APN 51-095-020, located at 1483 Gray Avenue, Yuba City, California Negotiator: Diana Langley, City Manager/Executive Director Negotiating parties: TBD
Under negotiation: Whether to sell the properties, and if so, the price and terms of payment 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
City Attorney's Report on Closed Session Items, City Attorney Shannon Chaffin Agenda Modifications/Approval of Agenda
Ceremonial Presentations
1. Retirement Proclamation for Robert Condrey, Parks and Grounds Superintendent
2. Sikh Awareness and Appreciation Month Proclamation
3. Domestic Violence Awareness Month Proclamation
Public Communication
4. 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.
5. Minutes from the October 3rd, 2023 meeting
Recommendation: Approve the minutes from the October 3, 2023 meeting
6. 2024 Minimum Wage Increase
Recommendation: Adopt a Resolution to adjust the City's salary schedule to comply with the new California wage requirements effective January 1, 2024
7. Emergency Organization Structure
Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City, California, Amending Chapter 8 of the Yuba City Municipal Code regarding emergency organization, and waive the second reading
8. Green Means Go Program – Harter Parkway Corridor Improvement Project Recommendation: Adopt a Resolution which takes the following actions:
A. Authorizes the City Manager to accept and execute all documents associated with the Green Means Go Program –
Harter Parkway Corridor Improvement Project grant award on behalf of the City
B. Authorizes the Finance Director to make any necessary budget adjustments and supplemental appropriations to receive the grant funding and provide the City’s required match funds Business Items
9. Revenue Ad Hoc Committee Recommendation
Recommendation: Receive an update and recommendation from the Revenue Ad Hoc Committee comprised of Vice Mayor Harris and
Councilmember Boomgaarden
10. FY23/24 Cannabis Tax Fund Grant Program (CTFGP) from the California Highway Patrol (CHP)
Recommendation: A. Conduct a Public Hearing, and after consideration; B. Adopt a Resolution authorizing the Chief of Police to accept $21,300 in grant funding from the 2023/2024 Cannabis Tax Fund Grant Program and approve expenditure recommendations;
C. Authorize a supplemental appropriation in the amount of $21,300 to Account No. 100-43496, 2164-61430 and 2164-
63801
11. Award of FY 23-24 Selective Traffic Enforcement Program (STEP) Grant, to include DUI Enforcement and Education Efforts
Recommendation: A. Conduct a Public Hearing, and after consideration; B. Adopt a Resolution authorizing the Chief of Police to accept $120,000 in grant funding from the 2023/2024 Selective Traffic Enforcement Program and approve expenditure
recommendations;
C. Authorize a supplemental appropriation in the amount of $120,000 to Account No. 100-43409, 2165-61430, 2165-62801, and 2165-69201 and 2165-63801
12. Consideration of a Development Agreement for the Sohal Ranch Tentative Subdivision Map (TSM) 22-02 and the associated Mitigated Negative Declaration.
Recommendation: A. Conduct a Public Hearing, and after consideration; B. Introduce an Uncodified Ordinance of the City Council of the City of Yuba City approving Environmental Assessment 22-06 by Adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map (TSM) 22-02, Sohal Ranch Subdivision and approving a Development Agreement between the City of Yuba City and the Balbir Sohal Family Trust, for the Sohal Ranch Subdivision (TSM 22-02), on 41.36 acres located at the
southeast corner of Lincoln Road and George Washington
Boulevard (Assessor’s Parcel Numbers 065-010-005 And 065- 010-006), and waive the first reading
13. Bogue Road Infrastructure - Newkom Ranch Funding Request
Recommendation: Authorize staff to initiate an amendment to Development Agreement 19-01 for the Newkom Ranch Subdivisions, to
implement language related to financing Bogue Road
infrastructure, streamlining development processes, and establishing specific time requirements
Future Agenda Items
14. Future Agenda Items
- Councilmember Pasquale
- 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
15. City Manager's Report
16. City Council Reports
Adjournment
Proclamation
of the City Council
Robert Condrey
Parks & Grounds Superintendent
July 22, 1995 – October 12, 2023
WHEREAS, Robert Condrey retired from the City of Yuba City with 28 years of dedicated service on October 12, 2023; and
WHEREAS, Robert began his career at the City as a Park Maintenance Worker I, promoted to the position of Park Maintenance Worker II in January of 1998, promoted to Park Maintenance Worker III in April of 2003, and promoted to Parks & Grounds Superintendent in May of 2021; and
WHEREAS, Robert spent 28 years of his career with the City maintaining the best parks in the Yuba-Sutter area. He possessed skills and expertise in all landscape and irrigation functions; and
WHEREAS, Robert successfully obtained his Certification as an Arborist, Certified Pool/Spa Operator Certificate, and Qualified Pesticide Applicator Certificate; and WHEREAS, Robert Condrey was always a reliable, dedicated, and loyal employee of the City of Yuba City Parks & Recreation Department often driving the City Bus for Recreation Programs, Commission Tours, Employee Orientation Tours, Holiday Truck Parade, Fly the Mission Academies, the Mayor’s Bus Tour, and visiting dignitaries from the surrounding area along with the City’s Sister City from Toride, Japan; and WHEREAS, Robert participated in annual Tree City USA events centered around educating the youth of Yuba City about the importance of trees in our parks, schools, and community; and
WHEREAS, Robert is an entertainer, participant and always willing to lend a hand. He never missed an opportunity to have an elaborate costume at employee events such as Employee Awards dinner, Halloween and Hot August Bites. Rob will drop whatever he is doing to help a fellow person in need, a character that we will dearly miss at the City.
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 commend Robert’s outstanding and devoted service, and sincerely urge all residents of the City of Yuba city to join with me in recognizing Mr. Robert Condrey for all of his contributions to the Yuba City community for the past 28 years.
Done this 17th day of October, 2023, at the City of Yuba City, County of Sutter, State of California.
Proclamation
of the City Council
Sikh Awareness and Appreciation Month
November 2023
WHEREAS, Sikhs have been living in the United States for more than 100 years; and WHEREAS, Sikhism is the fifth largest religion in the world and today, there are more than 25 million Sikhs worldwide and an estimated 500,000 Sikhs in the US live in California, with the largest concentration living in Yuba City. Nicknamed “Mini Punjab”; and
WHEREAS, Sikh Americans pursue diverse professions and walks of life, making rich contributions to the social, cultural, and economic vibrancy of the United States, and have distinguished themselves by fostering greater respect among all people through faith and service; and
WHEREAS, the City of Yuba City has a significant population of Sikhs and is committed to respecting the heritage and religions of our diverse community; and WHEREAS, today, the City of Yuba City seeks to further embrace the diversity of its community and afford all residents the opportunity to better understand, recognize, and appreciate the rich history and shared experiences of Sikh Americans; and WHEREAS, The Sikh Temple under the leadership of their President Sarb Thiara and their Board of Directors recently hosted the successful and well attended 44th Nagar Kirtan which included the annual Sikh Parade.
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 the month of November 2023 to be SIKH AWARENESS AND APPRECIATION MONTH.
Proclaimed this 17th day of October 2023, at the City of Yuba City, County of Sutter, State of California.
Proclamation
of the City Council
DOMESTIC VIOLENCE AWARENESS MONTH
OCTOBER 2023
WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security and humanity due to the systematic use of physical, emotional, sexual, psychological and economic control and/or abuse; and
WHEREAS, domestic violence leaves an imprint of fear and hostility; and WHEREAS, the problems of domestic violence are not confined to any group or groups of people but cross all economic, racial, affectional preference and social barriers, thereby affecting society as a whole; and
WHEREAS, in the City of Yuba City, adults and children are victims of violence each year; and
WHEREAS, research shows that by creating communities where people are connected, supported and care for one another can reduce incidents of domestic violence; and WHEREAS, the City of Yuba City is committed to restoring the right to freedom from fear in our own homes and our communities; and
WHEREAS, in our quest to impose sanctions on those who break the law by perpetrating violence, we must also meet the needs of victims of domestic violence and their children who often suffer grave financial, physical, and psychological losses.
NOW, THEREFORE, BE IT RESOLVED, I, Wade Kirchner, Mayor of the City of Yuba City and on behalf of the entire City Council, do hereby proclaim the month of October 2023 as Domestic Violence Awareness Month. We urge all citizens, agencies, and businesses to WORK TOGETHER AS A TEAM IN OUR COMMUNITY THROUGH
PREVENTION, INTERVENTION AND EDUCATION PROGRAMS, TO TAKE A STAND until society has zero tolerance for domestic violence.
Done on this 17th day of October 2023 in 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 5
CITY OF YUBA CITY
STAFF REPORT
Date: October 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes from the October 3rd, 2023 meeting
Recommendation: Approve the minutes from the October 3, 2023 meeting Fiscal Impact: None
Attachments:
1. 10-03-2023 - Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:
Ciara Wakefield
City Clerk Admininstrator
Diana Langley
City Manager
ATTACHMENT 1
MINUTES (DRAFT)
REGULAR MEETING OF THE HOUSING SUCCESSOR
AGENCY
AND CITY COUNCIL - CITY OF YUBA CITY
OCTOBER 3, 2023
5:00 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 5:00 PM
Roll Call
Present: Mayor Kirchner and Councilmembers Boomgaarden, Harris, Shaw, and Pasquale
Absent: None
Closed Session
A. Confer with Real Property Negotiator (Government Code § 54956.8) Property: APN 51-095-020, located at 1483 Gray Avenue, Yuba City, California Negotiator: Diana Langley, City Manager/Executive Director Negotiating parties: TBD
Under negotiation: Whether to sell the properties, and if so, the price and terms of payment
B. Conference with Legal Counsel – Anticipated Litigation Deciding whether to initiate litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9
One Case
No public comment received
Regular Meeting
Call to Order
The Regular City Council Meeting and the Housing Successor Agency was called to order by Mayor Kirchner at 6:00 PM
Roll Call
Present: Mayor Kirchner and Councilmembers Boomgaarden, Harris, Shaw, and Pasquale
Absent: None
Invocation/Inspiration
Rev. Richard Laughman, St. James Episcopal Church Yuba City Pledge of Allegiance to the Flag
Vice-Mayor Shon Harris
City Attorney's Report on Closed Session Items
No reportable action
Agenda Modifications/Approval of Agenda
Item 20 was removed from the agenda
Public Communication
1. Appearance of Interested Citizens
No public comment was received
Consent Calendar
Councilmember Shaw moved and Vice-Mayor Harris seconded the motion to approve Consent Calendar items 2-14
2. Minutes from the September 5th, 7th and 19th, 2023 meeting Approve the minutes from the September 5th, 7th and 19th, 2023 meeting
3. Autel Drone Replacement
A. Authorize the Finance Director to record a supplemental budget appropriation for the purchase of one Autel Robotics EVO Dual 640T V3 MDV3 Drone
B. Authorize the Finance Director to perform the required supplemental appropriations and transfers necessary to make this capital asset purchase
4. Supplemental Budget Appropriation for the Purchase of (5) Chevrolet Tahoe Police Pursuit Vehicles (FB22-07)
A. Adopt Resolution 23-122 authorizing the Finance Director to record a supplemental budget appropriation to account 6610-69401 for the additional costs to purchase the five (5) Chevrolet Tahoe Pursuit Vehicle in the amount of $36,231.55
B. Authorize the Finance Director to increase the award amount to Wheeler Chevrolet for FB 22-07 from $42,613.07 to $49,859.38
5. Purchase of (3) APC Smart-UPS Batteries for Server Rooms Adopt Resolution 23-123 awarding the purchase to Quest Media & Supplies, Inc. for the procurement of (3) APC Smart-UPS Modular Ultra batteries in the amount of $82,222 utilizing the CMAS contract; and authorize the Finance Director to make a supplemental appropriation utilizing unallocated fund balance from fund 622, Computer Replacement Fund, in the amount of $22,222 with the finding that it is in the best interest of the City
6. Public Works Fiscal Year 23/24 Second Quarter Budget Adjustments Authorize the Finance Director to make transfers within the 7120 Water Treatment Plant and 8120 Wastewater Treatment Facility operating budget accounts as listed in Attachment 1, including supplemental appropriations in the amount of $20,000 from unallocated water funds to the 7120 Water Treatment Plant operating budget and in the amount of $120,918 from unallocated wastewater funds to the 8120 Wastewater Treatment Facility operating budget
7. Rexel Integrated Services Agreement Award
Adopt Resolution 23-124 awarding a five-year Integrated Services Agreement for support and service of the Rockwell Automation instrumentation systems at the Water Treatment Plant and Wastewater Treatment Facility to Rexel USA, Inc. of Sacramento, CA in the amount of $169,905, with the finding that it is in the best interest of the City
8. Lift Station 2 Rehabilitation Project - Contingency Increase Adopt Resolution 23-125 authorizing an increase in the construction contingency of $75,480.00 with a finding that it is in the best interest of the City
9. General Plan Amendment (GPA) 22-01 and Rezone (RZ) 22-02 associated with Tentative Parcel Map (TPM) 22-01 for the Ratliff Duplex Development (Continued from the September 19, 2023 regular meeting) Adopt Resolution 23-126 of the City Council of the City of Yuba City denying General Plan Amendment 22-01 and Rezone 22-02 for the Ratliff Duplex Development, located on 0.31 acre at the southwest corner of Cooper Avenue and Frederick Street (Assessor’s Parcel Numbers 52-283-012 and -013)
10. CalRecycle Rubberized Pavement Grant - Signature Authority Adopt Resolution 23-127 authorizing the City Manager to execute and submit all necessary grant documentation for CalRecycle grants for a five-year period
11. Consideration of Rezone (RZ) 23-02 for the Bains – Bridge Street Project Adopt Ordinance 012-23 of the City Council of the City of Yuba City to adopt Rezone 23-02 for the Bains – Bridge Street project located on approximately
0.68 acres on the north side of Bridge Street approximately 300 feet west of
Walton Avenue (Assessor’s Parcel Numbers 58-080-005), and waive the second reading
12. Yuba City Active Transportation Plan (Grant Award)
Adopt Resolution 23-133 which makes the following actions:
A. Authorizes the City Manager to execute and submit all necessary documentation related to the Caltrans Sustainable Transportation Planning, Sustainable Communities Grant
B. Authorizes the Finance Director to make necessary budget adjustments and supplemental appropriations in the appropriate revenue and expenditure accounts
13. Signature Authority – DTSC Grant Application for cleanup of Successor Agency- owned property (442 B Street)
Adopt Joint Resolution 23-128 which takes the following actions:
A. Authorizes the City of Yuba City to apply for an Equitable Community Revitalization Grant for the cleanup of Successor Agency-owned property located at 422 B Street (APN 52-380- 019)
B. Authorizes the Chair of the Successor Agency to sign an Owner Attestation Form and Site Access Agreement necessary for the grant application C. Authorizes the City Manager of the City of Yuba City to execute all necessary grant application documents
14. Successor Housing Agency to the Yuba City Redevelopment Agency Sale of 825 Jones Street to Harminder Singh Maan and Karmjit Kaur Maan Adopt Resolution 23-129 authorizing the City Manager, as the Executive Director on behalf of the Board of Directors of the Successor Housing Agency to the Yuba City Redevelopment Agency, to execute an Agreement for Purchase and Sale of Real Property located at 825 Jones Street (APN 52-411- 016), and all other necessary documents, in the amount of $290,000 to Harminder Singh Maan and Karmjit Kaur Maan, and authorize the Finance Director to place sale proceeds in the Successor Agency Low and Moderate Income Housing Asset Fund
The motion was passed unanimously
Business Items
15. Certifying Need for CalPERS 180-Day Wait Period Exception for Robert Condrey to be appointed as – Passenger Bus Driver
Vice-Mayor Harris moved and Councilmember Boomgaarden seconded the motion to:
Adopt Resolution 23-130:
A. Certifying the need for exception of the CalPERS 180-day wait period for Robert Condrey to be appointed as a passenger bus driver B. Approving the employment agreement and appointing Robert Condrey as provided in the Resolution following approval by CalPERS The motion was passed unanimously
16. Heavy Equipment Lease Financing
Councilmember Boomgaarden moved and Councilmember Pasquale seconded the motion to:
Adopt Resolution 23-131 awarding a contract for lease purchase financing services to JPMorgan Chase Bank, N.A., to finance the purchase of two dump trucks and an all-terrain fire engine through a Master Lease Agreement for a $1,000,000 line of credit
The motion was passed unanimously
17. Boat, Trailer, RV Parking in Front Yard Areas
Councilmember Pasquale moved and Vice-Mayor Harris seconded the motion to:
Initiate a Municipal Code amendment to revise the standards associated with the parking of boats, trailers, and recreational vehicles within residential front yard areas
The motion was passed unanimously
18. Consideration of 1111 Gray Ave Public Convenience or Necessity Request Councilmember Pasquale recused himself
Kavinder Chatkara spoke
Councilmember Boomgaarden moved and Councilmember Shaw seconded the motion to:
Adopt Resolution 23-132 making a finding of public convenience or necessity for the premise-to-premise transfer of a Type 21 (Off- Sale General) Alcoholic Beverage Control (ABC) License at 1111 Gray Avenue
The motion was passed with four (4) votes [Pasquale recused]
19. Emergency Organization Structure
Mayor Kirchner opened a Public Hearing
No public comment
Mayor Kirchner closed the Public Hearing
Councilmember Shaw moved and Councilmember Pasquale seconded the motion to:
Introduce an Ordinance of the City Council of the City of Yuba City, California, Amending Chapter 8 of the Yuba City Municipal Code regarding emergency organization, and waive the first reading
The motion was passed unanimously
[Item 20 removed from the agenda]
20. 2023 Nagar Kirtan Sikh Parade
Receive an update from staff on the planning efforts for the 2023 Nagar Kirtan Sikh Parade
Future Agenda Items
21. Future Agenda Items
No suggestions made
Reports and Communications
22. City Manager's Report
23. City Council Reports
- Councilmember Boomgaarden
- Vice Mayor Harris
- Councilmember Pasquale
- Councilmember Shaw
- Mayor Kirchner
Adjournment
Mayor Kirchner adjourned the Regular Meeting of the City Council and the Housing Successor Agency at 7:03 PM
_____________________________
Wade Kirchner, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk
Agenda Item 6
CITY OF YUBA CITY
STAFF REPORT
Date: October 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Human Resources Department
Presentation By: Natalie Springer, Human Resources Director Summary
Subject: 2024 Minimum Wage Increase
Recommendation: Adopt a Resolution to adjust the City's salary schedule to comply with the new California wage requirements effective January 1, 2024
Fiscal Impact: Hourly rate increase of $0.50 per classification affected. The overall estimated impact in 2024 is $4,000 affecting one (1) job classification and six (6) subclassifications.
Purpose:
To comply with California minimum wage requirements effective January 1, 2024.
Council's Strategic Goal:
Complying with the California minimum wage requirement addresses the City Council's Strategic Goal of Fiscal Responsibility.
Background:
The California minimum wage increase is effective January 1, 2024 and will increase from $15.50 to $16.00 per hour. To be in compliance, an increase to a classification in the Part-Time, Extra Help, Limited Term, and At-Will Contract salary is required. The Recreation Worker classification and its subclassifications will be affected. The subclassifications Recreation Leader II and Recreation Leader III will increase as a result of the increase to the subclassification Recreation Leader I. The Lifeguard/Instructor I and Lifeguard/Instructor II will also increase as a result of the minimum wage increase. Finally, any future Limited Term employees will also have to be paid at least at the new minimum wage level, although currently no Limited Term classification is affected.
Analysis:
The minimum wage increase will affect the Recreation Worker and some subclassifications. The following job classification and subclassifications will be affected:
1. Recreation Worker - subclassifications
1. Recreation Leader I
2. Recreation Leader II
3. Recreation Leader III
4. Recreation Specialist I
5. Lifeguard/Instructor I
6. Lifeguard/Instructor II
Fiscal Impact:
Hourly rate increase of $0.50 per classification affected. The overall estimated impact in 2024 is $4,000 affecting one (1) job classification and six (6) subclassifications..
Alternatives:
If not adopted, the City will be in violation of state law.
Recommendation:
Adopt a Resolution to adjust the City's salary schedule to comply with the new California wage requirements effective January 1, 2024.
Attachments:
1. 2024 CA Minimum Wage Increase Resolution
2. Salary Schedule Minimum Wage Increase 01-01-2024
Prepared By: Submitted By:
Aricka Espinoza
Administrative Analyst
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
APPROVING THE ADJUSTMENT OF THE SALARY SCHEDULE TO IMPLEMENT THE NEW CALIFORNIA MINIMUM WAGE REQUIREMENT IN 2024
WHEREAS, it is the City’s responsibility to provide fair wages; WHEREAS, the City complies with all mandatory Federal and State wage requirements; and
WHEREAS, the California minimum wage will increase on January 1, 2024 to $16.00 per hour;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
Approve the adjustment to the City’s salary schedule and implement the new California minimum wage requirement of $16.00 hourly, effective January 1, 2024. This adjustment affects the Recreation Worker classification and six subclassifications below it (Recreation Leader I, II, and III, Recreation Specialist I, and Lifeguard/Instructor I and II), as depicted on the attached new salary schedule.
The Director of Finance is hereby authorized to modify the publicly available compensation schedule and to make the necessary budget adjustments to implement the provisions of this resolution.
The forgoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 17th day of October 2023.
AYES:
NOES:
ABSENT:
Wade Kirchner, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
Approved as to form:
____________________
Stacey Sheston
BB&K, Special Counsel
ATTACHMENT 2
10/11/202312:41 PM
Bargaining
JCN CLASSIFICATION Group 1 2 3 4 50110* Intern Worker 18.68 19.61 20.59 21.62 22.704002 Park Maintenance Worker (Temp) 22.23 23.35 24.51 25.74 27.024000 Public Works Maintenance Worker (Temp) 22.23 23.35 24.51 25.74 27.024125 Water/Wastewater Operator-in-Training 22.23 23.35 24.51 25.74 27.022030* Reserve Police Officer (Level I) - see notes 1 & 2 20.83 _ _ _ _ Reserve Police Officer (Level Ia) - see notes 1,2&3 32.05 _ _ _ _ 2020* Reserve Police Officer (Level II) - see notes 1 & 2 16.67 _ _ _ _2010* Relief Public Safety Dispatcher 23.77 _ _ _ _300 Police Officer Trainee 16.20 _ _ _ _0200* Recreation Worker 16.00 TO 50.00 (Sub Classifications) * Recreation Leader I 16.00 16.46 17.28 * Recreation Leader II 17.28 18.14 19.05 * Recreation Leader III 19.05 20.00 21.00 * Recreation Specialist I 16.00 TO 25.00 * Recreation Specialist II 25.00 TO 50.00 * Lifeguard/Instructor I 17.28 18.14 19.05 20.00 21.00 * Lifeguard/Instructor II 21.00 22.05 23.15 24.31 25.534116 Veterinary Assistant 20.60 21.62 22.70 23.84 25.033410** Fire Recruit 20.40 _ _ _ _3310 Fire Recruit - 40 hour work week 28.56 _ _ _ _1/ Reserves must serve a minimum of 16 hours per month reserve service.
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE January 1, 2024
Part-Time, Extra Help, Limited Term, and At-Will Contract Employees
SALARY STEPS
3. 1-1-24 Salary Schedule Minimum Wage Increase
10/11/202312:41 PM
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE January 1, 2024
Part-Time, Extra Help, Limited Term, and At-Will Contract Employees 2/ City purchases safety equipment and uniforms (except for regular employees who receive a uniform allowance). Shirts, ties, hats, and badge only are purchased.3/ The Reserve Police Officer would only receive the higher pay after he/she has completed the Field Training Program, has already worked his/her mandatory sixteen hours per month, and is covering a shift or partial shift for a regular full-time Officer. * Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).** Indicates classifications whose hourly rates are computed on the basis of an average 56 hour duty week.Effective date for minimum wage increases are based on the work date, not the pay date.EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - First Level Manager PEU, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PMM - Police Mid Manager FM - Fire Management PFLM - Police First Level Manager
3. 1-1-24 Salary Schedule Minimum Wage Increase
Agenda Item 7
CITY OF YUBA CITY
STAFF REPORT
Date: October 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Fire Department
Presentation By: Jesse Alexander, Fire Chief
Summary
Subject: Emergency Organization Structure
Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City, California, Amending Chapter 8 of the Yuba City Municipal Code regarding emergency organization, and waive the second reading
Fiscal Impact: No fiscal impact
Purpose:
To update the Municipal Code to modify the emergency organization structure and program, to define roles and responsibilities further, and to authorize the appointment of standby Council members pursuant to Government Code Section 8635 to act in the absence of regular Council members.
Council's Strategic Goal:
Modifying the City's emergency organizational structure supports the Council's goal of Public Safety.
Background:
The 2017 California State Emergency Plan states, "All local governments with certified disaster councils are required to develop Emergency Operations Plans (EOP) for their jurisdiction that meet state and federal requirements and are in accordance with Cal OES Local Planning Guidance." The Yuba City Disaster Council was established in 1974 and later amended in 1984. On November 15, 2022, the City Council of Yuba City adopted a Resolution approving the City of Yuba City's Emergency Operations Plan.
As outlined in the 2022 Emergency Operations Plan, a local emergency may be proclaimed by the City Council or the City Manager/Director of Emergency Services. If the City Manager/Director of Emergency Services proclaims a local emergency, the City Council must ratify it within seven (7) days.
The City Council must review the need for the proclamation at least every 30 days until the local emergency is terminated.
Analysis:
In the event of an actual incident or event, threat of disaster, or extreme peril to the safety of persons and/or property caused by natural or man-made situations resulting in a local proclamation of
emergency by the City Manager/Director of Emergency Services, regular Yuba City Council members may be unable to meet the requirements of ratification within seven (7) days of the proclamation due to access or lack of physical capabilities. Staff proposes to amend Chapter 8 of the Yuba City Municipal Code in its entirety, which is outlined in Exhibit A, which addresses the appointment of standby Council members pursuant to Government Code section 8635 to act in the absence of regular Council members and selection of temporary City Council members. The proposed changes address the following:
Additional Flexibility: In the event that a Council cannot be formed during an emergency, under State law, the Chairman of the Sutter Board of Supervisors can appoint temporary Council members. If the Sutter County Chairman is not available, then the Chairman of other counties within a 150-mile radius can be used to appoint temporary Council members. If none are available, then the mayors of other cities can be used to make an appointment. This can result in a delay in the ratification of a declaration of emergency by the City Manager within the seven days required by law. The proposed ordinance sets up a process where Councilmembers appoint “standby members” from their District, which are ratified by the City Council, who serve in the event of the absence or unavailability of the Councilmember during an emergency. This allows for additional local control, provides for a clear chain of succession, and allows for action to be more swiftly taken by the City Council during an emergency.
Disaster Council: The City Council sits as the Yuba City Disaster Council. The proposed ordinance clarifies that if the Mayor is unavailable, the Vice-Mayor serves as the chair. If the Vice-Mayor is unavailable, the remaining elected Councilmembers will serve as the chair starting with District 1. Only if there are no elected council members shall an activated “standby” councilmember serve as the chair.
Director of Emergency Services: The City Manager serves as the Director of Emergency Services.
The proposed ordinance confirms the City Manager’s authority to designate a replacement in the event the City Manager is unavailable and to designate an order of succession. It also confirms the City Council’s authority to appoint an Acting City Manager if the City Manager cannot do so.
Clarification of Authority: The proposed ordinance clarifies the authority of the Director of Emergency Services to carry out the City’s Emergency Operations Plan, issue rules and regulations (subject to subsequent ratification by the City Council), authorize the use of any gifted services, or equipment, etc., and to declare a shelter crisis in a situation were a significant number of persons are without the ability to obtain shelter.
Fiscal Impact:
No Fiscal Impact
Alternatives:
The Council may take no action, leaving the current Municipal Code in place.
Recommendation:
Adopt an Ordinance of the City Council of the City of Yuba City, California, Amending Chapter 8 of the Yuba City Municipal Code regarding emergency organization, and waive the second reading.
Attachments:
1. Yuba City Emergency Organization Ordinance
Prepared By: Submitted By:
Jesse Alexander
Fire Chief
Diana Langley
City Manager
ATTACHMENT 1
01248.0001/824899.3
ORDINANCE _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA
CITY, CALIFORNIA, AMENDING CHAPTER 8 OF THE YUBA CITY
MUNICIPAL CODE REGARDING EMERGENCY ORGANIZATION
WHEREAS, the City Council of the City of Yuba City adopted Ordinance No. 682 in 1974 and Ordinance No. 952 in 1984 to establish the City’s Emergency Organization structure and program; and
WHEREAS, the City Council desires to update the City’s Emergency Organization structure and program to further define roles and responsibilities, and to authorize the appointment of standby Council members pursuant to Government Code Section 8635 to act in the absence of regular Council members.
NOW, THEREFORE, the City Council of the City of Yuba City does ordain as follows:
SECTION 1. Findings. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference as if set forth in full.
SECTION 2. Emergency Organization. Chapter 8 of the Yuba City Municipal Code is hereby amended in its entirety as set forth in Exhibit A hereto.
SECTION 3. 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.
SECTION 4. 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 regular meeting of the City Council of the City of Yuba City on the 3
rd day of October, 2023, and passed and adopted at a regular meeting held on the 17th day of October, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Wade Kirchner, Mayor
City of Yuba City
Ordinance XXXX Page 2
Emergency Organization
01248.0001/824899.3
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Ciara Wakefield, Deputy City Clerk Shannon Chaffin, City Attorney Aleshire & Wynder, LLP
Exhibit A: Chapter 8. EMERGENCY ORGANIZATION
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EXHIBIT A
CHAPTER 8. EMERGENCY ORGANIZATION
Sec. 2-8.01. Purposes.
The declared purposes of this chapter are to comply with the provisions of the California Emergency Services Act, Title Two, Division One, Chapter Seven of the Government Code of the State of California (commencing with Section 8585.5 or successor legislation) and to provide for the preparation and carrying out of plans for the protection of persons and property within this City in the event of an emergency; the direction of the Eemergency oOrganization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons.
Sec. 2-8.02. Emergency defined.
As used in this chapter, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or the imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat.
Sec. 2-8.03. Disaster Council—Membership.
The Yuba City Disaster Council is hereby created and shall consist of the following:
(a) The Mayor, who shall be the Chairman (if the Mayor is unavailable then the ViceMayor shall be the Chairperson; if the Vice-Mayor is unavailable then the Councilmembers from District 1 through 5 (in order) shall be the Chairperson; but no Standby member shall be Chairperson unless no Councilmembers are available); (b) The Director of Emergency Services, who shall be the Vice-Chairman; (c) Such chiefs of emergency services as are provided for in a current Emergency Plan of the City adopted pursuant to the provisions of this chapter; and (d) Such representatives of civic, business, labor, veteran, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director of Emergency Services with the advice and consent of the City Council.
Sec. 2-8.04. Disaster Council—Powers and duties; meetings.
It shall be the duty of the Yuba City Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances, resolutions, rules, and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon the call of the Chairman or, in his or her absence from the City or inability to call such meeting, upon the call of
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01248.0001/824899.3
the Vice-Chairman or, in their absence from the City or inability to call such meeting, upon the call of the next most senior Councilmember.
Sec. 2-8.05. Director of Emergency Services—Offices created. (a) There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. If the City Manager is unavailable the City Manager may designate an Acting City Manager. I the City Manager is unavailable and unable to appoint an Acting City Manager such an appointment can be made by the City Council.
(b) There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director of Emergency Services.
Sec. 2-8.06. Director of Emergency Services—Powers and duties. (a) The Director of Emergency Services is hereby empowered to:
(1) Request the City Council to proclaim the existence or threatened existence of a "local emergency," if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director of Emergency Services, the City Council shall take action to ratify the proclamation within seven days thereafter, or the proclamation shall have no further force or effect;
(2) Request the Governor of the State to proclaim a "state of emergency" when, in the opinion of the Director of Emergency Services, the locally available resources are inadequate to cope with the emergency;
(3) Control and direct the effort of the Emergency Organization of the City for the accomplishment of the purposes of this chapter;
(4) Direct cooperation between, and coordination of, the services and staff of the Emergency Organization of the City and resolve questions of authority and responsibility which may arise between them;
(5) Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined in Section 2-8.02 of this chapter; and (6) In the event of the proclamation of a "local emergency," as provided in this subsection (a), the proclamation of a "state of emergency" by the Governor or the Director of the California Office of Emergency Services, or the existence of a "state of war emergency," the Director of Emergency Services, and in his or her absence, the Assistant Director, is hereby empowered:
(i) To implement and carry out the City’s Emergency Operations Plan; (ii) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided,
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01248.0001/824899.3
however, such rules and regulations shall be confirmed at the earliest practicable time by the City Council;
(iii) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property, to bind the City for the fair value thereof, and, if required immediately, to commandeer the same for public use;
(iv) To require the emergency services of any City officer or employee and, in the event of the proclamation of a "state of emergency" in the County of the existence of a "state of war emergency," to command the aid of as many citizens of the community as he or she deems necessary in the execution of his or her duties. Such persons shall be entitled to all the privileges, benefits, and immunities as are provided by State laws for registered disaster service workers;
(v) To requisition the necessary personnel or materials of any City department or agency;
(vi)To execute all of his or her ordinary powers as City Manager, all of the special powers conferred upon him or her by the provisions of this chapter or by resolution of Emergency Operations Plan adopted by the City Council pursuant to the provisions of this chapter, and all powers conferred upon him or her by any statute, by any agreement approved by the City Council, or by any other lawful authority;
(vii)To authorize the use of any gifts of services, equipment, temporary loan of equipment, supplies, goods or other in-kind donations, as necessary to provide for the protection of life and property, regardless of whether the donation comes from public or private sources. The order authorizing the use of any gifts shall be in writing. Any such donations used by the City shall be deemed duly accepted by the City Council in accordance with Section 37354 of the California Government Code. A report of all such gifts shall be made to the City Council at its next regular meeting for review. (viii)In the event of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety, the Director of Emergency Services may issue a declaration of a shelter crisis pursuant to Section 8698.2 of the California Government Code, and exercise all authority in accordance with Chapter 7.8 of Division 1 of Title 2 of the Government Code.
(7) Assign, as he or she determines appropriate, responsibility to emergency services chiefs for developing and directing the various City emergency response capabilities and providing for the training of City personnel. (b) The Director of Emergency Services shall designate the order of succession to his or her office to take effect in the event the Director is unavailable to attend meetings or otherwise perform his or her duties during an emergency. Such order of succession shall be approved by the City Council. The Assistant Director of Emergency
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01248.0001/824899.3
Services, under the supervision of the Director, shall have such powers and duties as may be assigned by the Director.
Sec. 2-8.07. Emergency organization.
All officers and employees of the City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may, by agreement or operation of law, including persons pressed into service pursuant to the provisions of subsection (iv) of subsection (6) of subsection (a) of Section 2-8.06 of this chapter, be charged with duties incident to the protection of life and property in the City during such emergency, shall constitute the Emergency Organization of the City.
Sec. 2-8.08. Emergency Operations Plan.
The Yuba City Disaster Council shall be responsible for the development of the City of Yuba City Emergency Operations Plan, which shall provide for the effective mobilization of all the resources of the City, both public and private, to meet any condition constituting a local emergency, a state of emergency, or a state of war emergency, and shall provide for the organization, powers and duties, services, and staff of the Emergency Organization. Such plan shall take effect upon adoption by resolution of the City Council.
Sec. 2-8.09. Standby City Council Members.
Standby members of the City Council (“Standby members”) are hereby authorized pursuant to the provisions of California Government Code Sections 8635 through 8644. (a) Each Council member may appoint up to three Standby members. If a Council member appoints more than one Standby member they shall be designated in order of succession (i.e. Standby 1, Standby 2, and Standby 3). Standby members must live in the Council District of the Council member making the appointment. Standby members should have prior experience serving on a City or local agency board, commission or council, but such experience is not mandatory. Consideration should be given to places of residence and work, so that the greatest probability of survivorship or availability shall exist. Appointment, removal, or replacement of Standby members may be made at any time and shall be subject to, and effective upon, ratification by the City Council. For newly elected or appointed Council members, the initial appointment of at least one standby member shall occur at the first regular Council meeting following the swearing-in of the newly elected or appointed Council member.
(b) Standby members shall serve at the pleasure of the appointing Council member and may be removed and replaced at any time with or without cause subject to ratification by the City Council.
(c) A Standby member shall confirm his or her acceptance of the appointment by taking the oath of office set forth in Article XX, Section 3, of the Constitution of the State of California at the time of appointment set forth in subsection (a) of this section. (d) Standby members must be informed of the duties of a Council member, be provided a copy of Article 15, Chapter 7, Division 1, Title 2 of the California Government Code,
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01248.0001/824899.3
keep informed of the business of the City Council to fill the position competently, immediately report for duty during a state of war emergency, a state of emergency, or a declared local emergency, and fill the position when their appointing regular Council member is unavailable during a state of war emergency, a state of emergency, or a declared local emergency.
(e) Standby members may become activated during a state of war emergency, a state of emergency, or a declared local emergency. No Standby member shall become a member of the City Council unless there is a declared emergency described above.
The mere vacancy of the regular Council member’s office absent a declared emergency shall not activate the Standby member. The Standby member shall serve during the emergency if his or her regular member is unavailable, meaning that the regular member is killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform duties. Any question as to whether a particular member is unavailable shall be settled by the remaining available members of the Council, including Standby members who are serving at that time. (f) Upon standby Council members becoming activated, the City Council shall, if necessary, determine offices. In the event that both the Mayor and Vice Mayor are unavailable, then the remaining regular members of the Council shall determine the Temporary Presiding Officer. No Standby member shall become Mayor or Temporary Presiding Officer if any of the regular Council members are available to fill such position, although the Standby member shall continue to serve as a member of the governing body until the termination of the emergency, until the regular member becomes available, or until the regular member is replaced pursuant to provisions of State law.
(g) The functions and duties of Standby members shall be as described in California Government Code Section 8641 and successor legislation.
Sec. 2-8.10. Temporary City Council Members.
Should all members of the Council, including all Standby members, be unavailable, temporary officers shall be appointed to serve until a regular member or a Standby member becomes available or until the election or appointment of a new regular or Standby member.
Temporary officers shall be appointed as follows:
(a) By the chairman of the Sutter County Board of Supervisors, but if not available, then (b) By the chairman of the Board of Supervisors of any other County within 150 miles of the City, beginning with the nearest and most populated county (Yuba County) and going to the farthest and least populated. If none is unavailable, then (c) By the mayor of any City within 150 miles of the City, beginning with the nearest and most populated City (Marysville) and going to the farthest and least populated.
Sec. 2-8.11. Expenditures.
Ordinance XXXX Page 8
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01248.0001/824899.3
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City.
Sec. 2-8.12. Punishment of violations.
It shall be a misdemeanor, punishable by a fine of not to exceed $1000, or by imprisonment for not to exceed six months, or both, for any person during an emergency to:
(a) Willfully obstruct, hinder, or delay any member of the Emergency Organization in the enforcement of any lawful rule or regulation issued pursuant to the provisions of this chapter or in the performance of any duty imposed upon him or her by virtue of the provisions of this chapter;
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to the provisions of this chapter if such act is of such a nature as to give, or be likely to give, assistance to the enemy or to imperil the lives or property of inhabitants of the City, or to prevent, hinder, or delay the defense or protection thereof; or (c) Wear, carry, or display, without authority, any means of identification specified by the California Office of Emergency Services.
Sec. 2-8.13. Repeal of conflicting ordinances.
Ordinance Nos. 682 and 952 are hereby repealed; provided, however, it is the intent of the City Council in enacting this chapter that it shall be considered as a revision and continuation of said ordinances, and the status of volunteers shall not be affected by such repeal, nor shall civil defense and disaster mutual aid plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed ordinances be affected by such repeal until amended, modified, or superseded as provided in this chapter.
Agenda Item 8
CITY OF YUBA CITY
STAFF REPORT
Date: October 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Green Means Go Program – Harter Parkway Corridor Improvement Project Recommendation: Adopt a Resolution which takes the following actions:
A. Authorizes the City Manager to accept and execute all documents associated with the Green Means Go Program – Harter Parkway Corridor Improvement Project grant award on behalf of the City
B. Authorizes the Finance Director to make any necessary budget adjustments and supplemental appropriations to receive the grant funding and provide the City’s required match funds
Fiscal Impact: $1,464,000 broken down as follows:
$1,351,000 – Green Means Go grant funds
$ 113,000 – Unallocated wastewater funds
Purpose:
To facilitate and encourage the development of infill property located in the Harter Specific Plan area.
Council’s Strategic Goal:
This project addresses multiple City Council Strategic Goals, primarily maintaining the financial stability and sustainability of the City and enhancing the business-friendly environment for the City.
Background:
On March 5, 2019, Council adopted a resolution supporting the Sacramento Area Council of Governments’ (SACOG’s) Green Means Go initiative. This initiative is a multi-year pilot program to lower gas emissions in the six-county Sacramento region, which includes Sutter County, by accelerating infill development, maximizing travel options, and encouraging electric charging infrastructure. The program is anticipated to bring additional State funding to our region.
On September 21, 2021, Council adopted a resolution nominating two Green Zones for the program (the Redevelopment Zone and the Promotion Zone) based on substantial coordination between City and SACOG staff. The proposed Green Zones were established based on the Green Mean Go program’s concept of analyzing a jurisdiction’s infill and undeveloped parcels, and then finding locations that have existing challenges and barriers for development.
In August 2022, SACOG released a call for projects in the Planning and Capital categories of the program, which were established to fund corridor-wide rezoning, environmental, and infrastructure planning and nontransportation infrastructure construction, respectively. On October 27, 2022, after pre-application consultation with SACOG staff, City staff submitted two applications in the Capital category; one for the North Plumas Corridor Improvement Project intended to encourage development of the vacant parcel west of the Fremont Medical Center on Plumas Street and the other for the Harter Parkway Corridor Improvement Project intended to encourage development of multi-family housing at the southwest corner of Harter Parkway and Butte House Road (Attachment 2).
Analysis:
On March 16, 2023, SACOG notified staff that the City’s application for the Harter Parkway Corridor Improvement Project was approved. The next step involves entering into a grant agreement with SACOG.
Once the grant agreement is executed, staff will contract with an engineering consultant to prepare plans and specifications for the project, which will be brought to Council for approval and authorization to advertise for bids. The goal is to bid the project in Spring 2024 for construction in Summer 2024, which is anticipated to coordinate well with on-going development projects in the Harter Specific Plan area. Grant funds must be spent by June 30, 2026
Fiscal Impact:
The total estimated cost of the project is $1,464,000, which consists of $1,351,000 in Green Means Go grant funding and $113,000 in unallocated wastewater funds. Detailed fiscal impacts will be presented to Council at the time of awarding a construction contract for the project. Staff is requesting authorization for the Finance Director to make the necessary budget adjustments and supplemental appropriations to receive the grant funding and provide the required City match.
Alternatives:
Do not authorize the requested signature authority and forego this opportunity to receive grant funding for the project.
Recommendation:
Adopt a Resolution which takes the following actions:
A. Authorizes the City Manager to accept and execute all documents associated with the Green Means Go Program – Harter Parkway Corridor Improvement Project grant award on behalf of the City.
B. Authorizes the Finance Director to make any necessary budget adjustments and supplemental appropriations to receive the grant funding and provide the City’s required match funds.
Attachments:
1. Resolution – Green Means Go Program – Harter Parkway Corridor Improvement Project – Signature Authority
2. Maps
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 AUTHORIZING THE
ACCEPTANCE AND EXECUTION OF ALL DOCUMENTS RELATED TO THE GREEN MEANS GO PROGRAM – HARTER PARKWAY CORRIDOR IMPROVEMENT PROJECT
GRANT AND ANY NECESSARY RELATED BUDGET ADJUSTMENTS AND
SUPPLEMENTAL APPROPRIATIONS TO COMPLY WITH THE GRANT
WHEREAS, the Sacramento Area Council of Governments’ (SACOG’s) Green Means Go Program is a multi-year pilot program to lower gas emissions in the six-county Sacramento region, which includes Sutter County, by accelerating infill development, maximizing travel options, and encouraging electric charging infrastructure; and
WHEREAS, the City Council of the City of Yuba City has been supportive of the Green Means Go Program through Resolutions 19-011 and 21-139; and
WHEREAS, the City has been awarded a Green Means Go Program grant by SACOG in the Capital category for the Harter Parkway Corridor Improvement Project, which is expected to accelerate the infill development of multi-family housing.
NOW, THEREFORE, the City Council of the City of Yuba City, does hereby resolve as follows:
1. The above recitals are true and correct and incorporated herein by this reference.
2. The City Manager is authorized to accept and execute all documents associated with the Green Means Go Program – Harter Parkway Corridor Improvement Project grant award on behalf of the City.
3. The Finance Director is authorized to make any necessary budget adjustments and supplemental appropriations to receive the grant funding and provide the City’s required match funds.
The foregoing joint Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City, at a regular meeting thereof held on the 17th day of October, 2023.
AYES:
NOES:
ABSENT:
___________________________________
Wade Kirchner, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
Next step in the Harter Parkway Corridor Sewer
Extension at Bridge Street and Harter Parkway.
FIGURE 3: YUBA CITY PROJECT LOCATION
Yuba City Harter Parkway Corridor Improvements
Butte House Road
Harter Parkway
Route 90
Route 20
Proposed Project
Yuba City’s Harter Parkway Corridor Improvement project will facilitate infill development along Harter Parkway in the City’s Promotion Green Zone. The plan to update sewer infrastructure at north Harter Parkway and Butte House Road is the focus of this project, to be followed by the southern portion of Harter Parkway at Bridge Street. Providing sewer infrastructure to residents and businesses along Harter Parkway will open the capacity to focus on new development and housing throughout the Promotion Green Zone.
Lassen Blvd.
Bridge Street
The Harter Parkway Corridor Improvement Project (Corridor) is in the northwest section of Yuba City. The Promotion Green Zone consists of shopping supercenters (Walmart, Home Depot, and Marshalls), industrial and the center of Yuba City’s government to the east. River Valley High School, a Title 1 school with a student enrollment of 1,810 and Didar S. Bains, a new community park project are located to the west of the Corridor. Increased housing and infill development can only be accomplished if basic City services are available, which will start with sewer infrastructure at Harter Pkwy and Butte House Rd. through grant funding from Green Means Go.
FIGURE 4: CORRIDOR OVERVIEW
Yuba City Harter Parkway Corridor Improvements
Butte House Rd.
State Route 90
State Route 20
Didar Bains Park Project
January 2023
Shopping Supercenters
River Valley High School Single Family Homes
Commercial
Warehousing
Retail, Restaurants, Businesses,
Warehousing
Harter Parkway
Proposed Single Family Homes
Proposed Multi-Family
State Route 99
Proposed Single
Family Homes
Industrial
Government
Center
Tierra Buena Elementary School
Agenda Item 9
CITY OF YUBA CITY
STAFF REPORT
Date: October 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Revenue Ad Hoc Committee Recommendation
Recommendation: Receive an update and recommendation from the Revenue Ad Hoc Committee comprised of Vice Mayor Harris and Councilmember Boomgaarden Fiscal Impact: The fiscal impact is dependent on the success of a proposed revenue measure Purpose:
To develop a potential revenue measure for the November 2024 election.
Council's Strategic Goal:
If the revenue measure is successful, the proceeds would support the City 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). In January 2023, the Revenue Ad Hoc reviewed a variety of items with staff including the City's Five-Year Fiscal Outlook, public safety priorities, and road conditions. 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. The Revenue Ad Hoc recommended taking the next steps to evaluate a potential revenue measure.
On March 7, 2023, the City Council awarded a contact to Smart Marketing & Public Affairs (Smart Marketing) for revenue measure consulting services. The scope of work 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
On a separate but parallel path, the Sutter County Grand Jury evaluated the city's roads. On July 15, 2023, the City received the 2022-2023 Grand Jury Final Report which identified four findings and made four recommendations. The full report along with the City's responses are attached. A summary of the four findings,recommendations, and brief responses are provided below.
Findings:
• Finding 1 - The road pavements throughout Yuba City currently require extensive maintenance and refurbishment to sufficiently provide for critical transportation infrastructure. (Response:
City agrees with the finding.)
• Finding 2 - The budget for the road pavements of Yuba City is inadequate to improve or even maintain their current Poor/Fair condition into the future. (Response: City agrees with the finding.)
• Finding 3 - Yuba City has created an App "YC311" to make it easier for residents to report road maintenance concerns. (Response: Grand Jury did not request a response.) • Finding 4 - The Yuba City Council is attempting to address the serious problems with the deteriorating municipal road pavements and is struggling to find a funding solution. (Response:
City agrees with the finding.)
Recommendations:
• Recommendation 1 - The City Council of Yuba City must create a funding plan by April 30, 2023, to finance the program that the Public Works Department has formed for continuous improvements of the road pavement conditions throughout Yuba City. (Response:
Recommendation requires further analysis.)
• Recommendation 2 - The Yuba City Council must make efforts to survey and determine the public's views on a sales tax for additional funding to address road pavement maintenance by December 31, 2023. (Response: Recommendation will not be implemented because it is not warranted.)
• Recommendation 3 - The Sutter County Grand Jury recommends that the Yuba City Council authorize an independent audit to be completed by April 30, 2024, to examine if additional cost savings can be found to help pay for road maintenance and refurbishment. The audit findings must be made available to the public. (Response: Recommendation will not be implemented because it is not warranted.)
• Recommendation 4 - The Yuba City Council should propose a sales tax to only Yuba City voters by the next election to increase funding for only road pavement maintenance and refurbishment for Yuba City. (Response: Recommendation requires further analysis and study.) Analysis:
The Revenue Ad Hoc would like to provide an update and recommendation to the full City Council regarding a potential revenue measure.
Fiscal Impact:
The fiscal impact is dependent on the success of a proposed revenue measure.
Alternatives:
1. Do not receive a report from the Revenue Ad Hoc.
Recommendation:
Receive an update and recommendation from the Revenue Ad Hoc Committee comprised of Vice Mayor Harris and Councilmember Boomgaarden.
Attachments:
1. Attachment A - Sutter County Grand Jury Report Responses Prepared By: Submitted By:
Diana Langley
City Manager
Diana Langley
City Manager
ATTACHMENT A
Agenda Item 10
CITY OF YUBA CITY
STAFF REPORT
Date: September 5, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: 2022-2023 Grand Jury Report Response
Recommendation: Approve the response to the 2022-2023 Sutter County Grand Jury Final Report regarding road conditions in the City
Fiscal Impact: None at this time
Purpose:
To respond to the 2022-2023 Sutter County Grand Jury Final Report in accordance with state penal codes.
Council’s Strategic Goal:
This item is related to the City Council’s Strategic Goal to maintain and improve the City’s Infrastructure.
Background:
On July 15, 2023, the City received the 2022-2023 Grand Jury Final Report from the Superior Court of California, County of Sutter (Attachment 2). The report is a review of the City’s road infrastructure and associated funding needs. The findings and recommendations made by the Grand Jury are summarized below.
Findings
• F1 – The road pavements throughout Yuba City currently require extensive maintenance and refurbishment to sufficiently provide for critical transportation infrastructure. • F2 – The budget for the road pavements of Yuba City is inadequate to improve or even maintain their current Poor/Fair condition into the future.
• F3 – Yuba City has created an App "YC311" to make it easier for residents to report road maintenance concerns.
• F4 - The Yuba City Council is attempting to address the serious problems with the deteriorating municipal road pavements and is struggling to find a funding solution.
Recommendations
• R1 – The City Council of Yuba City must create a funding plan by April 30, 2024 to finance the program that the Public Works Department has formed for continuous improvements of the road pavement conditions throughout Yuba City. (F1, F2)
• R2 – The Yuba City Council must make efforts to survey and determine the public's views on a sales tax for additional funding to address road pavement maintenance by December 31, 2023. (F4)
• R3 – The Sutter County Grand Jury recommends that the Yuba City Council authorize an independent audit to be completed by April 30, 2024, to examine if additional cost savings can be found to help pay for road maintenance and refurbishment. The audit findings must be made available to the public. (F1, F2, F4)
• R4 – The Yuba City Council should propose a sales tax to only Yuba City voters by the next election to increase funding for only road pavement maintenance and refurbishment for Yuba City. (F1, F2, F4)
Analysis:
The Grand Jury made the findings and recommendations above with a requirement for the City to respond within 90 days. Staff has prepared a response for Council consideration and approval (Exhibit 1A).
Per the City response, the City agrees with Findings 1, 2, and 4, as requested by the Grand Jury, and has responded to each of the four (4) recommendations. As described in Exhibit 1A, Recommendations 1 and 4 may require further analysis.
Fiscal Impact:
None at this time. Costs may be associated with additional work to further address the report recommendations.
Alternatives:
Approve the Grand Jury response with modifications.
Recommendation:
Approve the response to the 2022-2023 Sutter County Grand Jury Final Report regarding road conditions in the City.
Attachments:
1. Attachment 1 - Resolution 22-23 Grant Jury Report Response Approval
2. Exhibit 1A - 22-23 Grand Jury Report Response - Roads
3. Attachment 2 - Grand Jury Report_Rough Roads_6-16-23 Prepared By: Submitted By:
Benjamin K. Moody
Public Works and Development Services Director
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. 23-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE RESPONSE TO THE 2022-2023 GRAND JURY FINAL REPORT
FROM THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF
SUTTER REGARDING ROAD CONDITIONS AND MAINTENANCE IN THE CITY WHEREAS, on July 15, 2023, the City received the 2022-2023 Grand Jury Final Report from the Superior Court of the State of California, County of Sutter, which evaluated the conditions, funding, and maintenance of roads within the City; and WHEREAS, the report made four (4) findings and four (4) recommendations regarding the City’s road infrastructure funding and planning, which highlighted the City’s insufficient resources to maintain or improve the current road conditions and are incorporated herein by reference; and
WHEREAS, the City was instructed to respond to the findings and recommendations of the Grand Jury Final Report within 90 days of receipt in accordance with state penal codes; and
WHEREAS, the City has prepared a response for the Sutter County Superior Court as directed for approval and execution by the City Council and the Public Works and Development Services Director, is attached as Exhibit 1A, and is incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yuba City approves the response to the 2022-2023 Grand Jury Final Report from the Superior Court of the State of California, County of Sutter regarding City road conditions and will execute the response included as Exhibit 1A for submission to the Superior Court.
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 5th day of September, 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:
Exhibit 1A – 22-23 Grand Jury Report Response – Roads
EXHIBIT 1A
September 5, 2023
Presiding Judge of the Superior Court
County of Sutter
1175 Civic Center Blvd.
Yuba City, CA 95993
Re: Response to 2022-2023 Sutter County Grand Jury Final Report To the Honorable Presiding Judge:
This letter is the official consolidated response of the City of Yuba City regarding the Grand Jury Report entitled “Local Government Report – Rough Roads Ahead for Yuba City.” Grand Jury Findings
F1. The road pavements throughout Yuba City currently require extensive maintenance and refurbishment to sufficiently provide for critical transportation infrastructure.
Response: The City agrees with the finding. Additionally, non-critical transportation infrastructure such as local residential roads require similar levels of maintenance and refurbishment that affect the overall quality of life for City residents.
F2. The budget for the road pavements of Yuba City is inadequate to improve or even maintain their current Poor/Fair condition into the future.
Response: The City agrees with the finding. Available funding from existing state and federal gas taxes is insufficient to provide necessary maintenance to keep City roadways from further deterioration. As stated in the Grand Jury Report, road conditions are at a critical level, with costs to rehabilitate roads exponentially increasing with time due to lack of maintenance.
F3. Yuba City has created an App "YC311" to make it easier for residents to report road maintenance concerns.
Note: The Grand Jury did not request a response to Finding F3 F4. The Yuba City Council is attempting to address the serious problems with the deteriorating municipal road pavements and is struggling to find a funding solution.
Response: The City agrees with the finding. The City has thoroughly reviewed the budgets and available funding sources, including special efforts made to establish a Council Budget Adhoc Committee, hiring grant consultants to increase available funds, and through regular audits to review and prioritize funds.
Over recent years, staff has been coordinating to obtain any grant funding related to roads and road maintenance to help with funding solutions, while also working to prioritize the use of available funds as efficiently as possible using new product types and technology.
Recommendations
R1. The City Council of Yuba City must create a funding plan by April 30, 2024, to finance the program that the Public Works Department has formed for continuous improvements of the road pavement conditions throughout Yuba City. (F1, F2)
Response: The recommendation requires further analysis. The City has recently coordinated to establish a Revenue Ad-hoc Committee and hire a consultant to help develop a potential revenue measure for the November 2024 election. These efforts directly precipitate the development of a sustainable road funding plan per the Grand Jury recommendation. A date after the November 2024 election is required for the City to create a funding plan that provides for continuous Citywide pavement condition improvements.
R2. The Yuba City Council must make efforts to survey and determine the public's views on a sales tax for additional funding to address road pavement maintenance by December 31, 2023. (F4) Response: The recommendation will not be implemented because it is not warranted. The City has previously obtained sufficient survey data from the public, including relatively recent countywide polling data related to road maintenance funding. The survey data has shown that there is strong support for the use of funds for maintaining roads throughout the community. Additional surveys are not anticipated to change since the data was last collected. The City believes the resources required for the recommended effort can be better utilized on other priorities.
R3. The Sutter County Grand Jury recommends that the Yuba City Council authorize an independent audit to be completed by April 30, 2024, to examine if additional cost savings can be found to help pay for road maintenance and refurbishment. The audit findings must be made available to the public. (F1, F2, F4)
Response: The recommendation will not be implemented because it is not warranted. It has been made clear and public, in the Grand Jury Report, annual City budget workshops, and through regular public audits of the City’s finances that additional cost savings cannot be found to offset the road funding needs without severely impacting core municipal functions. These are all public documents with professional credentials associated with their development. The City respectfully disagrees that another independent audit is
needed. As discussed in the report, the recommendation is purely to help provide the public assurances that the funding issue is real. The City believes this Grand Jury Report serves this purpose and that resources can be better utilized on other priorities.
R4. The Yuba City Council should propose a sales tax to only Yuba City voters by the next election to increase funding for only road pavement maintenance and refurbishment for Yuba City. (F1 F2, F4)
Response: The recommendation requires further analysis and study. The City Council has hired a professional consultant to help the City move forward with a strategy to develop a successful plan for funding City needs. A timeline is to be determined through further analysis with the consultant and City leaders.
The City notes the Grand Jury’s input regarding a sales tax measure specific to only roads and to be decided by only Yuba City voters; however, the Grand Jury report was solely focused on roads, and there are also substantial findings and public input regarding the need for public safety funding. The City believes that public safety funding is a critical element that needs to be considered by the City as we work to develop a sustainable funding plan for City priorities.
The City Council will also direct that a copy of this response be placed on file with the City Clerk.
Respectfully submitted,
________________________ ______________________
Wade Kirchner Shon Harris
Mayor Vice-Mayor
_______________________ ______________________
Marc Boomgaarden Michael Pasquale
Councilmember Councilmember
__________________ __________________
Dave Shaw Benjamin K. Moody
Councilmember Public Works & Development Services Director
ATTACHMENT 2
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SUTTER
1175 Civic Center Blvd., Yuba City, CA 95993
STEPHANIE M. HANSEL
COURT EXECUTIVE OFFICER
June 16, 2023
The Honorable Michael Pasquale
Councilmember City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
Dear Councilmember Pasquale:
(530) 822-3302 FAX: (530) 822-3502
Enclosed is a copy of the 2022-2023 Grand Jmy Final Report, pursuant to Penal Code Section 933(a) on subject: Local Government Report- Rough Roads Ahead for Yuba City, that pertains to you. Pursuant to Penal Code §933.05(f) the section(s) are provided to you on behalf of the Grand Jmy.
Provide your response to the Presiding Judge of the Superior Court within the time period specified in Penal Code §933(c) and include the details required by Penal Code §933.05. Please provide an original and one copy. Your response will be filed with the Court and a copy will be posted on the Court's website, www.suttercourts.com.
Please acknowledge the receipt of these documents by signing below and return in the enclosed envelope.
Please retain the copy for your records.
Vety truly yours,
~~I ACKIE LASWELL
Jury Services
JL
Enclosures
Receipt Date: ::/- 'IS · 2-;?::>
Department: Ct'UI\D\.( . .JVU7AN\@'~ wt< wvrGL t:- P~Qu ~ c£.
Please Print Name
CALIFORNIA CODES
PENAL CODE
SECTION 925-933.6
933. (c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years.
933.05. (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
( 1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(I) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
( 4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore.
(c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the fore person of the grand jury, determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SUTrER
1175 Civic Center Blvd., Yuba City, CA 95993
STEPHANIE M. HANSEL
COURT ExECUTIVE OFFICER
June 16, 2023
The Honorable Michael Pasquale
Councilmember City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
Dear Councilrnember Pasquale:
(530) 822~3302 FAX: (530) 822-3502
Enclosed is a copy of the 2022-2023 Grand Jury Final Report, pursuant to Penal Code Section 933(a) on subject: Local Government Report- Rough Roads Ahead for Yuba City, that pertains to you. Pursuant to Penal Code §933.05(f) the section(s) are provided to you on behalf of the Grand Jury.
Provide your response to the Presiding Judge of the Superior Court within the time period specified in Penal Code §933(c) and include the details required by Penal Code §933.05. Please provide an original and one copy. Your response will be filed with the Court and a copy will be posted on the Court's website, www.suttercourts.com.
Please acknowledge the receipt of these documents by signing below and return in the enclosed envelope.
Please retain the copy for your records.
Very truly yours,
JACKJE LASWELL
Jury Services
JL
Enclosures
Receipt Date: ______ _
Department: __ _
Signed:--------------
Respondent
Please Print Name
Final Report
of the
2022-2023
Sutter County Grand Jury
Ga Underhill,
Foreperson
Honorable Susan E. Green,
Presiding Judge
Road infrastructure is a vital foundation to any thriving community. Well maintained roads provide a network for economic and social activities. Yuba City Public Works receives approximately 300 road related complaints per year through the department's YC311. Our cunent average road condition is rated 54 PCI (Pavement Condition Index) out of a possible 100, which is considered Fair/Poor. 1 The discovery of these mediocre conditions concerned our body greatly. This average rating is applied across all255 miles of Yuba City's Roads. The PCI was developed by the U.S. Army Corps of Engineers and is widely used throughout the United States. This makes it the most objective means to measure the conditions of the road pavements ofYuba City.2
Currently, the problem is moderate in severity. The overall budget for the City of Yuba City's Public Works is 40 million dollars per year. Of that, five to six million dollars are spent on total road infrastructure. This includes accessories such as sidewalks, stop lights, etc. Ctmently 1.5 million dollars is spent per year for roadway maintenance, repair, and rehabilitation. To save money when maintaining the city's older roads, asphalt rubber capping and some other methods are frequently used to repair the surface of many streets. This costs about twelve dollars per square yard. This process is cheaper in the short run at addressing such streets that are breaking down and is used to defer more extensive solutions into the future.
Table 1: Costs per square yard to maintain the road pavements based on method. 3 0 5 10
TIME
15 20
Example Photograph 1: Average condition (?f the road pavements of Yuba City today.
Road Maintenance: Falling through the Cracks
These deferments come at a great price for the future of Yuba City. While the current state of streets for the city may be Poor/Fair or a 54 PCI out of 100, that will change very quickly.
Within two years (using 2022 as a starting point) the average condition of Yuba City's roads will deteriorate to a poor rating.4 The situation will grow significantly more dire over twenty years from 2022 until 2042, These conditions are expected to produce an average PCI of 16 for the city's streets by 2042, which is very poor. These projections of road pavement deterioration in the years ahead are the result of gross underfunding for maintenance of Yuba City's streets.
Example Photograph 2: The future ofroadpavementsfor Yuba City in ageneration.j As badly needed maintenance is deferred because of lack offunding, the deterioration in the city's streets will increase further, which will require more money to be spent later to correct the compounding problem. If Yuba City keeps with its road maintenance budgeting practices, within 20 years all roads will be in "failed" condition. Those deferred expenses will result in 759 million dollars needed to fund road pavement maintenance and refurbishment up to today's Poor/Fair condition by 2042. Trying to take care of city roadways with a budget that cannot keep up with the growing deterioration would lead to a decline from 54 down to 16 PC I. 6 In comparison, Yuba City could defer a lower amount of298 million dollars in maintenance during this time frame if it spent 13 million dollars a year to keep par with the current PCI of 54. If the city sought to fund road maintenance and refurbishments up to the California state average with 20 million dollars per year that would mean 43 million dollars would be the total deferred cost over the 20-year period. The purpose in spending less money per year on taking care of Yuba City's roads is supposed to save the taxpayers' money. However, the opposite would result.
Not properly attending to city streets today means more deterioration develops over time. This means more money will be spent later to maintain the status quo. Short term fixes will compound the state of deterioration in the long run. It would be wiser to spend more now, rather than exponentially more in the future. Not spending what is necessary for the roadways of Yuba City would also likely increase the true cost to the user in automotive maintenance and perhaps accidents. If that were to happen, it would threaten public safety. ' .._/
Difficult Choices Must Be Made
The Sutter County Grand Jury sought to discover why the road system for Yuba City is in its current state of disrepair and is deficient in funding. We looked at the funding for municipal road maintenance and refurbishment to find answers.
Public Works draws monies from the state gas tax to help provide for Yuba City roadways.
Additionally, it receives income from grants to support city streets. A grant writing firm, Blair and Associates was contracted in 2020 to find and request government grants for Yuba City. One such grant provides four million dollars for development of Garden Highway. However, it comes with conditions of use. Some ofthose ftmds must be used to create bike lanes, sidewalks, and other street accessories. Another grant source is the Community Development Block Grants provided by the United States Department of Housing and Urban Development. Beyond government grants, Yuba City receives road pavement funding from the State of California's Transportation Development Act. Some part of the funding challenges for maintaining and developing the city's road pavements might come from additional grants, but that seems to be an area that is largely tapped to the practical limit.
Chart 1: Shows over time road pavement conditions deteriorating throughout Yuba City and how current fimding will ja.ll further behind. 7
5 00 :1
=
~ S-tt.\l
~ $ !00 ;:,
R
( ctv u1HJ f·t.
Annual Funding
$1.5M
PCI
54-> 16
D,eferred Maintenance
$759M
Yuba City uses CFDs (Community Facilities Districts) for additional sources of funding. CFDs are a form of property tax levied on homeowners. They are expected to bring in approximately $275,000 from CFDs this year. While CFDs may provide funding "in perpetuity", only a small portion is spent on road maintenance and refurbislm1ent. This income source is not sufficient to fund the multi million dollars needed to maintain the city's roads.
Despite these funding sources beyond the general fund, problems persist regarding the city being able to maintain the roads at current conditions, which are fair/poor. The budget for road pavements throughout Yuba City is one and a half million dollars and is far below the 13 million dollars a year needed to even accomplish this modest task. The Sutter County Grand Jury examined other solutions such as promoting more growth to bring into Yuba City's coffers supplementary tax revenue. Notable growth unfortunately is a challenge due to the need for more infrastructure to attract further business and development. More roads and better roads are a large part of that additional infrastructure. Infrastructure costs money, and Yuba City Public Works lacks the money needed.
During the Sutter County Grand Jury's quest to find a solution to this dilemma we looked to see if cost savings could be found elsewhere in the budget. Our investigations showed that there is no part of the budget that could be trimmed that could make up the 11.5 million dollars necessary to keep the roads in their current condition and 18.5 million to bring them up to the state average condition. That amount of money could not be shifted from another part of the budget without significantly harming core municipal services.
We asked members of Yuba City government about what type of sources could generate the revenue necessary to close this :funding gap. Yuba City currently has a budget of 1.5 million for road maintenance but needs closer to 13 million per year to just keep our roads at the current condition. Most California cities with a population over 50,000 have a local tax tailored only for roads. Yuba City is the rare exception of a town without a local sales tax. The Grand Jury found that a one percent sales tax increase would produce approximately 14.5 million dollars a year in new revenue. 8 That would more than ensure that the city had the necessary funding to service Yuba City's roads at current conditions and even improve them beyond the status quo for at least through 2042.
The Yuba City Council formed an Ad~Hoc Committee from its own body to study the :funding challenges for the city's roads and to examine possible solutions. The city is leaning toward a sales tax levy and has hired a marketing firm to design a strategy to help sell the proposal. The amount of 135,000 dollars has been appropriated for this purpose, with an added authorization of perhaps 40,000 dollars for hard costs.
Taking the Public's Temperature and Proving the City's Case As the Grand Jury neared the end of its investigation and after engaging in a process of elimination, we landed on the difficult proposal of a sales tax to solve the funding crisis with Yuba City's roads. It is the only way that we could determine that a minimal funding shortfall of at least 11.5 million dollars could be made up. However, the Grand Jury is aware that such a solution may not be popular.
Chart 2: The funding level needed to maintain current road pavement conditions and keep deferred maintenance costs down into the future. 9
_ .. SJ~'t
..;
0 ~ s ..•oo ~!
z
" Sl \,0
~ ~ $l OU
lUH .l01·1 ~0.!:. ,!!).!& lOJilUJ~ J.Qltj lO JD JOll .lOJJ !Olj :oH XJ.l~ 10.1& M31l01~ J.OJ1 ~0.10 lO.H .wttl \'{.:'H(
lS
IS
Annua'l Funding
$13M
PC!
54 > 53
Deferred Maintenance
$298M
Measure A (a county-wide 1% sales tax for a period of 9 years) failed with voters in Sutter County during the 2022 Midterm Elections. 10 We believe that seeking greater input from local voters through various outreach efforts and survey(s) may help the city learn best how to write a ballot measure and market it to the public. We also believe that an independent audit should be authorized by the Council of Yuba City. The Yuba City government should demonstrate to voting residents that they have exhausted every reasonable opportunity to find cost savings in the general :fund to significantly finance the city's road maintenance and refurbishment. This "proof in the pudding" ought to be made available for public viewing as published findings of an independent audit. An audit may have some upfront costs, but if its results help the city make a credible case to the people, then it will more than pay for itself in the long run.
One ofthe best ways that the government ofYuba City can seek to avoid the fate of Sutter County's Measure A is to write a sales tax proposal that specifically tailors the raised tax money to be spent only on road maintenance and refurbishment. Once again, the case must be made, "these new tax dollars will not become a slush fund." The public voting threshold for a specifically tailored tax (2/3 popular vote requirement) may be higher than a tax proposal meant for multi-purpose use (simple majority of 50+ 1), but it will also reinforce the credibility of the city's case that such new tax dollars would only be spent on the roadways. 11 Yuba City should
work toward offering the public justification for a new sales tax. That might be difficult at first.
However, that ought not to stop the effort to make an honest case. Those in municipal government are public servants and have a moral responsibility to do no less in service to the people.
To gain a popular mandate, you mustfirst earn it or as the former and late British Prime Minister Margaret Thatcher once said, ''First you win the argument, then you win the vote. " No shortcuts.
Findings
• Fl- The road pavements throughout Yuba City currently require extensive maintenance and refurbishment to sufficiently provide for critical transportation infrastructure. • F2- The budget for the road pavements of Yuba City is inadequate to improve or even maintain their current Poor/Fair condition into the future. • F3 - Yuba City has created an App "YC311" to make it easier for residents to report road maintenance concerns.
• F4- The Yuba City Council is attempting to address the sedous problems with the deteriorating municipal road pavements and is struggling to find a funding solution.
Recommendations
• Rl -The City Council of Yuba City must create a funding plan by April30, 2024 to finance the program that the Public Works Department has formed for continuous improvements of the road pavement conditions throughout Yuba City. (Fl, F2) • R2- The Yuba City Council must make efforts to survey and determine the public's views on a sales tax for additional funding to address road pavement maintenance by December 31, 2023. (F 4)
• R3 - The Sutter County Grand Jury recommends that the Yuba City Council authorize an independent audit to be completed by April 30, 2024, to examine if additional cost savings can be found to help pay for road maintenance and refurbishment. The audit findings must be made available to the public. (Fl, F2, F4) • R4 - The Yuba City Council should propose a sales tax to only Yuba City voters by the . next election to increase funding for only road pavement maintenance and refurbishment for Yuba City. (Fl, F2, F4)
Request For Required Responses
The following responses are required pursuant to Penal Code sections 933 and 933.05:
From the following governing bodies within 90 days:
• City of Yuba City Council: Respond to Findings (Fl, F2, & F4), Respond to Recommendations (Rl-R4)
APPENDIX
Chart 3: The funding needed to bring road pavement conditions up to the state average and to reduce deferred maintenance costs to even much lower levels into the ji1ture. 12 $19
sn SH
JtJH llllol lO !> 20Jf• !~!J ilfll~ lt1t910 l0 20l1 ~ll Qll NH l\J ~ 1UJ !11!11UJt ' Ul9 l\IIU 1(\41 10·1/ 'fM
l '>
!S
Annual Funding
$20M
PCI
54-> 65
Deferred Maintenance
$43M
Figure I. Different Types ofRevenue Amount'! for the 202212023 Genera/Road Fund.for Yuba City.
IJ'-; , ... ..:. ' ' .
Figure 2. 202212023 Yuba City Public Worh Department Budget -_{ • f •_ 1 '.'I Jo f
• '· r '1•-n ••
Figure 3. Pavement Condition Indexforjudging the condition of road pavements.
Figure 4. Proportion of Yuba City Roads in D{fferent States of Condition.
Category l (Very Good/Good) "' 17.3%
Category 2 & 3 (Fair) = 47.1%
Category 4 (Poor) = 26.3%
Category 5 (Very Poor/Failed) = 9.3%
Cateooty II
Category I
Category Ill
Category V
CategoryV
Figure 5. Comparing the cost efficiency ofd~fferent methodr;for road pavement maintenance and refurbishment.
Preventative
Maintenance
Aspllalt
Rubber Cape
Milt&
AC Overlay
Reconstruction
. .. j;.:
f,. ;
r· . ~ .. . -··-";:'~ - ._1,
0.9 0.3
0 2 4 6 8
MUes of Treatment
Figure 6. Comparing Yuba City 's PC! to other communities in California.
California 144,077 66
Sutter County" 1,032 59
Yuba County• 1,066 67
Elk Grove 555 78
Folsom 350 70
,f.NO: \; Galt 91 69
Woodland 204 60
.. W.W (t\ ,c,. 4l • !u U..'t~
10 N/A
No
No
Yes
Yes
No
Yes
Agenda Item 10
CITY OF YUBA CITY
STAFF REPORT
Date: October 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: Bill Williams, Police Sergeant
Summary
Subject: FY23/24 Cannabis Tax Fund Grant Program (CTFGP) from the California Highway Patrol (CHP)
Recommendation: A. Conduct a Public Hearing, and after consideration; B. Adopt a Resolution authorizing the Chief of Police to accept $21,300 in grant funding from the 2023/2024 Cannabis Tax Fund Grant Program and approve expenditure recommendations;
C. Authorize a supplemental appropriation in the amount of $21,300 to Account No. 100-43496, 2164-61430 and 2164-63801
Fiscal Impact: $21,300 to Account No. 100-43496 (Cannabis Tax Fund Grant) - No City match required
Purpose:
To provide educational materials that include messaging in English, Spanish, and Punjabi for AntiDriving Under the Influence of drugs and alcohol messaging to the local middle schools, to conduct presentations to the local middle schools and conduct compliance checks at the local smoke shops.
Council’s Strategic Goal:
Public Safety and Community Risk Reduction.
Background:
According to the California Office of Traffic Safety (OTS), in 2017, the City of Yuba City was ranked 7/106 (population size 50,000-100,000) for total fatal and injury collisions and 30/106 in reference to collisions involving alcohol. In 2018, those stats reflected an increase to 9/102 and 14/102 respectively.
In 2019, we made some progress as we were ranked 16/105 and 17/105. Unfortunately, in 2020 (which is the most current year available through OTS) we were ranked 14/106 and 16/106.
Analysis:
The Yuba City Police Department continues to focus on DUI as a community danger with directed enforcement efforts. In 2020, the police department made 248 arrests for driving under the influence of
alcohol and/or drugs. In 2022, the department made 343 arrests for driving under the influence of alcohol and/or drugs. Although the DUI arrest numbers have increased, the police department has identified the need for additional public education on the risks and consequences of driving under the influence of alcohol and/or drugs directed at our youth. Educational efforts have the potential to positively impact the decision making on a much larger group of subjects than enforcement efforts alone. If we are able to encourage sound decision making of our youth in regards to alcohol, drugs, and DUI driving, we are most assuredly going to decrease the collision and DUI stats for our community in the future. The proposed solution is to use the funds from the CTFGP grant to conduct education programs in our local middle schools to influence pre-teens on the risks associated with drug and alcohol consumption and conduct compliance checks on smoke shops to make sure they are not selling illegal products to the public and/or our youth, which will increase the threat of persons driving DUI on the roadways.
Fiscal Impact:
The City will be reimbursed $21,300 from the California Highway Patrol. No matching funds are required for this grant. Funds will be drawn down through Account No. 2164-61430 ($10,700) for personnel overtime costs and No. 2164-63801 ($10,600) for direct costs associated with the grant.
Alternatives:
Do not accept the grant and / or direct staff to research alternatives Recommendations:
A. Adopt Resolution of the City Council of the City of Yuba City Authorizing Receipt, Allocation and Expenditure, of the FY 2023-2024 California HighwayPatrol "Cannabis Tax Fund Grant Program" B. Authorize a supplemental appropriation in the amount of $21,300 to Account No. 100-43496, 2164- 61430 and 2164-63801
Attachments:
1. CTFG Resolution Draft
2. FY23-24 CTFGP Grant Agreement - Yuba City PD_Redacted Prepared By: Submitted By:
Bill B. Williams
Sergeant
Diana Langley
City Manager
Attachment 1
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING RECEIPT, ALLOCATION AND EXPENDITURE, OF THE FY 2023-2024 CALIFORNIA HIGHWAY PATROL
“CANNABIS TAX FUND GRANT PROGRAM”
WHEREAS, the Yuba City Police Department submitted for the Cannabis Tax Fund Grant Program offered by the California Highway Patrol, and received an award notification for the grant with authorization to receive funds in the amount of $21,300.
WHEREAS, the goal of the grant is to reduce the number of impaired driving crashes, increase public awareness surrounding the dangers of impaired driving, and making California roadways a safer place to travel.
WHEREAS, the grant will also fund conducting educational presentations directed at middle school age children and conducting compliance checks at local smoke shops to ensure mind altering substances are being sold to the community and more importantly our youth.
WHEREAS, the Yuba City Council desires to undertake the projects designated as the Cannabis Tax Fund Grant Program to be funded in part from funds made available through the California Highway Patrol (CHP).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
1. The Chief of Police of the City of Yuba City is authorized, on its behalf, to execute a contract, including any extensions or amendments thereof and any subsequent contract with the State and the California Highway Patrol in relation thereto, to effectuate acceptance of the grant for the Cannabis Tax Fund Grant, subject to approval as to legal form by the City Attorney.
2. The City agrees that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and CHP disclaim responsibility for any such liability.
3. Grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
4. This award is not subject to local hiring freezes.
I hereby certify that the foregoing is a true copy of the resolution adopted by the Yuba City Council of Yuba City in a meeting thereof held on October 17, 2023, by the following vote:
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
Attachment 2
State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
13004 ________________________________________________________________
1. GRANT TITLE
FY23/24 CTFGP Law Enforcement – Yuba City Police Department
2. NAME OF ORGANIZATION/AGENCY
Yuba City Police Department
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
Yuba City Police Department/Traffic Unit
4. PROJECT PERFORMANCE PERIOD
From: 07/01/2023 To: 06/30/2024
5. PURCHASE ORDER NUMBER
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve Agency’s effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $21,300.00
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Brian Baker
Title: Chief of Police
Phone:
Address: 1545 Poole Boulevard
Yuba City, CA 95993
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Evan Robinson
Title: Captain
Address: North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone:
Title: Commander Fax:
Address: North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE
REIMBURSEMENT PAYMENTS
Name: Diona Pope
Title: Accounting Manager
Phone:
Address: 1201 Civic Center Boulevard
Yuba City, CA 95993
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with
TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.
Schedule A
Yuba City Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase. Grantees shall not exceed the travel rates paid to exempt, excluded, and represented State of California employees and will be reimbursed at the State travel rates. Any costs beyond State travel rates will be at the expense of the Grantee.
Project Description
The Yuba City Police Department is currently operating under a grant from the California Office of Traffic Safety (Grant number PT23203) which has the following anti-DUI components: 6 DUI checkpoints, 22 DUI Saturation patrols, 2 Know your limit campaigns and 1 collaborative DUI enforcement. This grant also funded a new DUI trailer to replace one that was over 15 years old.
An OTS Grant the previous fiscal year PT21201 was successfully completed that had 3 DUI checkpoints, 32 Dui saturation patrols and 3 know your limit campaigns.
If awarded the 2023/2024 Cannabis Tax Fund Grant, the department will be enhancing our DUI efforts by adding an education component directed at middle school age children and further our community education effort with a billboarded truck to be used at community events and to tow our DUI trailer to checkpoints.
Additionally, it would allow for a new program of doing compliance checks/stings at local smoke shops to ensure mind altering substances are not being sold to the community and more importantly to our youth.
Problem Statement & Proposed Solution
In 2017 the City of Yuba City was ranked 30/106 with 31 killed or injured victims in alcohol related collisions according to OTS. 2018 showed a huge jump in the wrong direction with the City being ranked 14/102 with 47 killed or injured victims in alcohol related collisions according to OT. In 2019 the City was ranked 17/105 with 48 killed or injured victims in alcohol related collisions according to OTS. In 2020 those numbers did not change much with the City being ranked 16/106 with 39 killed or injured victims in alcohol related collisions.
Even though the department was doing more enforcement and more education of our officers in the realm of DUI driving, the public was still getting behind the wheel impaired by alcohol and/or drugs.
In 2020 Yuba City Police Department made 206 arrests for driving under the influence of alcohol and 42 arrests for driving under the influence of drugs and/or alcohol. In 2021 those numbers increased with 272 arrests for driving under the influence of alcohol and 72 arrests for driving under the influence of drugs and/or alcohol. In 2022 the department continued to make DUI arrests at a higher rate with 293 arrests for driving under the influence of alcohol and 50 arrests for driving under the infleunce of drugs and/or alcohol.
While arrest numbers continued to increase we have identified the need for more public education on the risks and consequences of driving under the influence.
Our proposed solution is to utilize funds on this grant for public education at DUI checkpoints and community events. Funds will also be used to conduct education programs in our local middle schools to influence preteens on the risks and starting down the path of drug usage and the consequences of the same. Lastly, we will use funds to conduct compliance checks at the 10 local smoke shops to ensure they are not selling illegal products to the public and the youth of our community.
Performance Measures/Scope of Work
Our proposed solution is to utilize funds on this grant for public education at DUI checkpoints and community events. Funds will also be used to conduct education programs in our local middle schools to influence preteens on the risks and starting down the path of drug usage and the consequences of the same. Lastly, we will use funds to conduct compliance checks at the 10 local smoke shops to ensure they are not selling illegal products to the public and the youth of our community.
During quarter one the department will order a new 2024 Ford F150 pickup to tow our DUI trailer and to be used as an education tool at community functions and education programs. The department will develop messaging to be put on the truck for anti DUI. The department will also develop messaging for the middle
Schedule A
school education component to include social media posts, PowerPoint presentation and handout for the students. We will also work with our local health department and narcotics task force to develop an approach to ensure compliance at local smoke shops and criteria to use cadets for sting operations.
During quarter two the department will conduct compliance checks and sting operations at the local smoke shops. The department will conduct the middle school programs at local middle schools.
During quarter three the department should be in possession of the 2024 Ford F150 and have the graphics installed. The truck will be utilized at local events and used to tow the DUI trailer to DUI checkpoints. The department will continue the education programs and compliance/stings at local smoke shops.
During quarter four the department will continue using the 2024 Ford F150 for public education at community events, tow the DUI trailer to checkpoints and take to school programs. The department will continue compliance/stings at local smoke shops.
During the course of this grant the department continue running our OTS grant concurrently which includes 22 DUI saturation patrols and 6 DUI checkpoints.
The department will acquire the 2024 Ford F150 pickup truck to pull the DUI trailer and have the vehicle wrap designed, approved by the grantor and installed on the vehicle. The truck will be used as soon as it is in service to DUI checkpoints, public event education and school education programs.
The department will conduct 5 school education programs in local middle schools.
The department will conduct 5 compliance checks/sting operations at local smoke shops.
Project Performance Evaluation
The Yuba City Police Department will evaluate the effectiveness of the proposed grant by comparing year to year statistics from before, during and after the grant cycle. It is anticipated that there will be an increase in the number of DUI/DUID arrests and decrease in the number of DUI/DUID related collisions as a result of enforcement and education.
The department will deliver messaging to the public by way of press releases and social media platforms on all post compliance/sting operations and DUI/DUID enforcement operations. All DUI checkpoints will be announced by the same methods prior to operation as will education programs.
The department will convey all media releases to the City Council for them to disseminate to their constituents.
The department will complete quarterly grant reporting to the grantor, ensuring that quarterly objectives are met in a timely manner.
Program Sustainability
The Yuba City Police Department will not rely on this funding to continue the operation of equipment purchased by this grant. It is anticipated, barring an incident causing loss of the proposed 2024 Ford F150, that this truck will be utilized well into the next decade for education and to tow the DUI trailer to checkpoints.
Experience gained by sergeants and officers conducting the compliance checks and education components will pay dividends for the next decade as well as they become the future leaders of the department.
Administrative Support
Yuba City Police Department has a decades long proven track record of successfully managing grants from the California Office of Traffic Safety, ABC Grants, Patrick Leahy Ballistic Vest Partnership through BJE and several other grants from the federal government, state and county.
This proposed grant has the full support of the Traffic Sergeant who will oversee and execute the grant, the Lieutenant overseeing the Traffic Unit, the Police Commander overseeing patrol and traffic operations and the Chief of Police. It also has the full support of the current Finance Director and the current City Manager.
Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
13004 Yuba City Police Department $21,300.00
Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
Educational Supplies $10,600.00
Category Sub-Total $10,600.00
Personnel
Presentations $10,700.00
Category Sub-Total $10,700.00
Grant Total $21,300.00
Schedule B-1
Budget Narrative
Yuba City Police Department
Other Direct Costs
Educational Supplies
$10,600.00
Educational and marketing supplies with pre-approval from CGU that include messaging in English, Spanish and Punjabi of Anti Driving Under the Influence of drugs and alcohol messaging including non-written messaging with photographs and graphics to support school and community education.
Personnel
Presentations
$10,700.00
5 Middle School Presentations (2 officers on overtime @ $85.00/hr x 2 hours=$340) (5 operations @ $340=$1,700) and other presentations with pre-approval from CGU.
Agenda Item 11
CITY OF YUBA CITY
STAFF REPORT
Date: October 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: Bill Williams, Police Sergeant
Summary
Subject: Award of FY 23-24 Selective Traffic Enforcement Program (STEP) Grant, to include DUI Enforcement and Education Efforts
Recommendation: A. Conduct a Public Hearing, and after consideration; B. Adopt a Resolution authorizing the Chief of Police to accept $120,000 in grant funding from the 2023/2024 Selective Traffic Enforcement Program and approve expenditure recommendations;
C. Authorize a supplemental appropriation in the amount of $120,000 to Account No. 100-43409, 2165-61430, 2165-62801, and 2165-69201 and 2165- 63801
Fiscal Impact: $120,000 to Account No. 100-43409 (OTS Selective Traffic Enforcement Grant)- No City match required
Purpose:
Reduce the number of persons killed and injured in traffic collisions.
Council's Strategic Goal:
This meets the Council's goal of Public Safety.
Background:
In January 2023, the Yuba City Police Department submitted a grant application for the Selective Traffic Enforcement Program Grant offered by the California Office of Traffic Safety. In August 2023, the Department received award notification for the grant with authorization to receive funds in the amount of $120,000. No matching funds are required by the City of Yuba City to accept the grant. This grant runs in accordance with the Federal Fiscal year 10/01/23-09/30/24.
Analysis:
The Yuba City Police Department has had a positive working relationship with the California Office of Traffic Safety for many years. This year we were selected for funding to maintain an aggressive stance towards those individuals who continue to operate a motor vehicle in our community while under the
influence of alcohol and/or drugs. This grant will allow the department to continue to combat impaired drivers in our community. While having an impaired driving component, this grant also allows for other directed enforcement operations. These operations deploy officers within the city with a primary goal of reducing injury collisions through targeting primary collision factors, such as speed and red-light enforcement, in areas with a high frequency of collisions.
The goal of the grant is to reduce the number of persons killed and injured in traffic collisions. “Best practice” strategies will be conducted on an overtime basis. The funded strategies include DUI checkpoints, DUI saturation patrols, general traffic enforcement, bicycle and pedestrian safety enforcement, distracted driver enforcement, and street racing/side show operations. These strategies are designed to earn media attention, thus enhancing the overall deterrent effect. The California Office of Traffic Safety has designed these operations and the funding for them to be done in addition to our daily duties, thus having an additional impact on traffic safety.
In addition to overtime funding, the grant will cover the cost of three new dash mounted RADAR units for a total of $9,750.
The grant will fund training and certification for two officers to become Drug Recognition Experts (DRE).
DRE personnel enhance the Department’s ability to investigate and assist in prosecution of DUI drug offenders. The grant will also fund sending three officers to DRE recertification training, two officers to the NHTSA Standardized Field Sobriety Test (SFST) training and certification, four officers to Advanced Roadside Impaired Driving Enforcement (ARIDE) training and certification, one officer to SFST instructor training, and one officer to DRE instructor training. Combating DUI drivers and providing officers with the necessary skills and training to make DUI-related arrests remains a priority for the police department in reducing alcohol and / or drug related collision deaths and injuries in the community.
Fiscal Impact:
The City will be reimbursed $120,000 from the California Office of Traffic Safety. No matching funds are required for this grant. Funds will be drawn down through Account No. 2165-61430 ($99,466) for personnel overtime costs, No. 2165-62801 ($6,804) for travel and training, No. 2165-69201 ($9,750) for equipment and No. 2165-63801 ($3,980) for direct costs associated with the grant.
Alternatives:
Do not accept the grant and / or direct staff to research alternatives.
Recommendation
A. Adopt Resolution of the City Council of The City of Yuba City Authorizing Receipt, Allocation and Expenditure, of the FY 2023-2024 California Office of Traffic Safety Grant “SELECTIVE TRAFFIC ENFORCEMENT PROGRAM”.
B. Authorize a supplemental appropriation in the amount of $120,000 to Account No. 100- 43409, 2165-61430, 2165-62801, 2165-69201, and 2169-63801.
Attachments:
1. 23-24 STEP Grant Resolution Draft
2. Grant Agreement - PT24225
Prepared By: Submitted By:
Bill B. Williams Diana Langley
Sergeant City Manager
ATTACHMENT 1
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING RECEIPT, ALLOCATION AND EXPENDITURE, OF THE FY 2023-2024 CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT “SELECTIVE TRAFFIC ENFORCEMENT PROGRAM”
WHEREAS, the Yuba City Police Department submitted for the Selective Traffic Enforcement Program Grant offered by the California Office of Traffic Safety, and received an award notification for the grant with authorization to receive funds in the amount of $120,000.
WHEREAS, the goal of the grant is to reduce the number of persons killed and injured in traffic collisions, and will be used to cover the cost of new dash mounted RADAR equipment, educational materials, and DUI checkpoint supplies.
WHEREAS, the grant will also fund training and certification for two officers to become a Drug Recognition Expert (DRE) and one officer to become a certified Standardized Field Sobriety Test instructor.
WHEREAS, the Yuba City Council desires to undertake the projects designated as the Selective Traffic Enforcement Program to be funded in part from funds made available through the California Office of Traffic Safety (OTS).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
1. The Chief of Police of the City of Yuba City is authorized, on its behalf, to execute a contract, including any extensions or amendments thereof and any subsequent contract with the State and the OTS in relation thereto, to effectuate acceptance of the grant for the Selective Traffic Enforcement Program, subject to approval as to legal form by the City Attorney.
2. The City agrees that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and OTS disclaim responsibility for any such liability.
3. Grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
4. This award is not subject to local hiring freezes.
I hereby certify that the foregoing is a true copy of the resolution adopted by the Yuba City Council of Yuba City in a meeting thereof held on October 17, 2023, by the following vote:
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
ATTACHMENT 2
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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT24225
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Yuba City From:
To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Yuba City Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $120,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A – Problem Statement, Goals and Objectives and Method of Procedure • Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A – Certifications and Assurances
• Exhibit B* – OTS Grant Program Manual
• Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Bill Williams
Police Traffic Sergeant
[email protected]
1545 Poole Boulevard
Yuba City, CA 95993
ADDRESS: Brian Baker
Chief of Police
[email protected]
1545 Poole Boulevard
Yuba City, CA 95993
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Spencer Morrison
Finance Director
[email protected]
1201 Civic Center Blvd.
Yuba City, CA 95993
ADDRESS: Barbara Rooney
Director
[email protected]
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM#:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
PBUJLH2KP9T9
1201 Civic Center Boulevard Yuba City CA 95993
Yuba City
95993-2615
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
402PT-24.1 20.600 0521-0890-101 2022 43/22 BA/22 $20,400.00 164AL-24.1 20.608 0521-0890-101 2022 43/22 BA/22 $20,400.00 402PT-24 20.600 0521-0890-101 2023 12/23 BA/23 $39,600.00 164AL-24 20.608 0521-0890-101 2023 12/23 BA/23 $39,600.00
AGREEMENT
TOTAL $120,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$120,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $120,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT24225
1. PROBLEM STATEMENT
Increasing enforcement efforts are needed to reduce the number of people injured and killed in traffic crashes in Yuba City.
Speed continues to be the leading contributor to injury crashes in Yuba City. Speed as a PCF accounted for
24.5% of injury crashes in 2022, up from 22.5% in 2021. Yuba City is positioned at the intersection of two State Route Highways, State Route 99 and State Route 20. Both highways bring a large volume of commuter traffic through the city. Both State Routes are multi-lane highways where radar enforcement is a challenge. Speed is the leading PCF for crashes on both state routes. State Route 20 has consistently remained the roadway with the most crashes per year. Additionally, speeding vehicles is a common call for service to the police department in neighborhoods creating a quality-of-life issue in our community.
Turning movement violations accounted for 14.86% of injury crashes in 2022 and was the second leading PCF in Yuba City. Turning movements are a product of distracted driving and driver’s inattention to those around them. In order to efficiently enforce these violations on our busy roadways, the traffic unit uses police motorcycles. The traffic unit is also responsible for handling injury and non-injury crashes during their regular duties. To effectively enforce these violations, most often the enforcement occurs on overtime when officers and not handling the duties of traffic officers outside of making stops and issuing citations.
Red light violations accounted for 10.44% of injury crashes in 2022 making them the third leading PCF in Yuba City. Red lights are a concern because studies have shown about 39% of crashes involving red light violations result in an injury. A large percentage of the injury red light crashes occur on the State Routes that contain the highest volume of traffic in Yuba City. Red light enforcement requires significant staffing due to traffic volume, roadway design on the State Routes and the difficulty for an officer to witness the color of the light and the positioning of the violator when the light changed. To overcome these challenges, red light enforcement tends to require more than one officer to safely work a redlight operation. Reducing red light violations is imperative toward reducing injury crashes in Yuba City.
DUI drivers accounted for 8.03% if the total number of crashes in Yuba City in 2022.
Pedestrian and Bicycle crashes have been a problem, but we are working towards better statistics. Since 2013, pedestrian injury crashes remained consistent at 33 for 2013 and 2014. 2015 saw a reduction to 23 pedestrian crashes but 2016 we were back up to 33 injuries and 2017 mirrored 2016 at 29. There were 3 pedestrian fatalities in each 2013, 2014 and 2017. During 2017, pedestrians were found at fault in two fatal pedestrian crashes. Two of the pedestrian fatalities involved a pedestrian crossing the road during darkness outside of a crosswalk on or adjacent to a state highway. In 2022 pedestrian injury crashes went up from previous years at 24 to 32 with 3 pedestrian fatalities with the pedestrians being at fault in 2 of the 3.
One area of significant importance we have identified is our inability to adequately convey anti-dui messaging to our demographics. Yuba City is comprised of 41.1% white black and other, 19.4% Indian Asian and 30.9% Hispanic non-white according to the latest US Census data. DUI arrests in the city are
52.3% Hispanic drivers and 6.8% Asian Indian drivers. Injury crashes show the at fault drivers are Hispanic in 26.7% of the crashes and Asian Indian in 10.6% of the crashes.
Many of the bicycle related crashes involved adults riding the wrong way on the road or failing to stop for stop signs. Recognizing this trend related to pedestrian and bicycle crashes, the Police Department began educational and directed enforcement efforts to address this issue. Ongoing efforts are needed to continue improvement toward decreasing pedestrian and bicyclist injuries. In 2022 we had 1 bicycle related fatality and 14 significant injury crashes.
In 2019, there was a decrease to 268 DUI arrests compared to 2018 and in 2020 with COVID 19 concerns we saw another decrease to 193 arrests. DUI drugs, which tend to be more challenging for officers to identify, accounted for more than 17% of all DUI arrests in 2015 and in 2018 more than 18% of DUI arrest were for drugs or drugs and alcohol, 2019 there was an increase to 21% of all DUI arrests were for drugs or
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a combination and in 2020 23% crash at 29, up from 21 in 2020. In 2022, we had moderate increase in DUI arrests with a total of 243 arrests.
One possible contributing factor to the increase of both DUI crashes and arrests may be an emphasis placed in DUI related training. The department has trained more than 2/3rds of its personnel in SFST and ARIDE since 2010 and gained eight DRE certified personnel. With the help of OTS we are also focusing on training in house personnel to be instructors in both Standardized Field Sobriety Testing and Drug Recognition Experts.
The increased training may contribute to officer’s ability to better identify impaired drivers and manifest as an increase in alcohol related crashes. The coinciding increase in DUI arrests and alcohol related crashes demonstrates Yuba City is starting to receive positive results at addressing the problem of impaired driving. However, ongoing efforts are needed to continue to reduce the number of alcohol and drug related crashes and associated injuries and deaths.
In 2018 and 2019, hit and run injuries have remained steady at 24 for 2018 and 27 for 2018 and for 2020 there were 21 hit and run injury crashes. In 2022, studies have shown many hit and run offenders are unlicensed, uninsured or intoxicated. Hit and run crashes continue to be a problem for Yuba City and general enforcement along with impaired driving enforcement will help reduce these types of crashes.
Motorcycle crashes have been a traffic safety problem in Yuba City. In 2018 we had 16 injury related motorcycle crashes, which remains consistent with previous years. In 2020 we saw that number decrease to only 12 and in 2021 we saw a slight increase to 15 motorcycle injury crashes (one death). Historically, the department had not treated or even tracked motorcycle crashes separately from other motor vehicles.
Department personnel have begun education efforts to reach out to motorcyclists, this effort needs to be expanded and supported by relevant crash research data to be effective. In 2022, we had a small decrease in the number of fatal motorcycle crashes down to 1 and 14 injury crashes.
Street racing and sideshow activity has become a huge issue for Yuba City over 2021. While no deaths have occurred to date, we had 1 serious roll over crash resulting in two serious injuries in 2021. The pressure put on the Street Racing scene from area enforcement in Sacramento has pushed them north to Yuba City. Most weekends see upwards of 400 cars descending on the city and gathering in empty parking lots such as the abandoned Kmart property, the Yuba City Mall, Kohl’s and Yuba Community College parking lots. They have even taken over local roadways and blocked intersections with their illegal activity.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
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1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2
7. Send law enforcement personnel to the DRE Recertification training. 3
8. Send law enforcement personnel to SFST Instructor training. 1
9. Send law enforcement personnel to DRE Instructor training. 1
10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
6 11. Conduct DUI Saturation Patrol operation(s). 28
12. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
20 13. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
5 14. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 3 15. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 5 16. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
4 17. Participate in highly visible collaborative DUI Enforcement operations. 2
18. Participate in highly visible collaborative Traffic Enforcement operations. 2
19. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 20. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
10 3. METHOD OF PROCEDURE
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A. Phase 1 – Program Preparation (1st Quarter of Grant Year) • The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
• All training needed to implement the program should be conducted in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter. • In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
• Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual
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services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
• Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
The OTS grant funded activities must be separate from the CHP Cannabis Tax Fund Grant Program activities and maintained under separate accounting/tracking/other codes (example: the same DUI checkpoint may not be funded by both the CHP and the OTS).
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT24225
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; • 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to allsubrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
• Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and • Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review
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upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition;
b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to allsubrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to allsubrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
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This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—
PRIMARY TIER COVERED TRANSACTIONS
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1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—
LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
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2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to allsubrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
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POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
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Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1
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As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.
Signature Name
Grant Director
Date Title
Agenda Item 12
CITY OF YUBA CITY
STAFF REPORT
Date: October 17, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Consideration of a Development Agreement for the Sohal Ranch Tentative Subdivision Map (TSM) 22-02 and the associated Mitigated Negative Declaration.
Recommendation: A. Conduct a Public Hearing, and after consideration; B. Introduce an Uncodified Ordinance of the City Council of the City of Yuba City approving Environmental Assessment 22-06 by Adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map (TSM) 22-02, Sohal Ranch Subdivision and approving a Development Agreement between the City of Yuba City and the Balbir Sohal Family Trust, for the Sohal Ranch Subdivision (TSM 22-02), on 41.36 acres located at the southeast corner of Lincoln Road and George Washington Boulevard (Assessor’s Parcel Numbers 065-010-005 And 065-010-006), and waive the first reading
Fiscal Impact: The cost for processing land use entitlements is funded by the project applicant through the payment of application fees
Purpose:
Consideration to approve a Development Agreement for the Sohal Ranch Subdivision (TSM) 22-02.
Council’s Strategic Goal:
This item meets the City Council’s strategic goal of business friendly.
Background:
The applicant, Balbir Sohal Family Trust, filed an application for Tentative Subdivision Map SM 22-02, Sohal Ranch Subdivision.
On September 27, 2023, the Yuba City Planning Commission conducted a public hearing, and the Planning Commission voted to:
1. Adopt Resolution PC 23-24 contingently approving TSM 22-02; and
2. Adopt Resolution PC 23-25 recommending approval of Environmental Assessment 22-06 and the associated Development Agreement.
Analysis:
Tentative Subdivision Map (TSM) 22-02, Sohal Ranch, proposes to subdivide an approximately 41.36- acre property into 179 single-family residential lots, which will include a 2.63-acre park, a 0.11-acre parcel for a sewer lift station, as well as right-of-way dedications and half street improvements for both George Washington Boulevard and Lincoln Road.
The gross density of the project will be approximately 4.7 residences per acre for the LDR designated area, which is well within the established density range. The subdivision access will be via an internal road network of fully improved public streets, with ingress/egress points onto both Lincoln Road and George Washington Boulevard.
The project includes a Development Agreement with a term of 15 years, plus an option for another five years if approved by the City Council, in exchange for the dedication of parkland and payment of an additional per parcel fee for future neighborhood parks. A development agreement (DA) is a binding agreement between the City and developer spelling out items that go beyond standard planning, zoning, development, and design standards. While development agreements are allowed by State law (Government Code Sections 65864 – 65869.5), there are no established rules or policies regarding required deal points. As a result, each agreement is unique and must be considered on its own merits.
In this case, a DA was requested by the applicant. The proposed terms (Section 2.2) include the following:
• TSM 22-02, Sohal Subdivision, shall have an expiration date 15-years from time of approval, with a possible five (5) year extension if requested by the applicant and approved by the City Council, for a total of 20 years.
• The Developer shall dedicate to the City an approximate 2.63-acre neighborhood park and street frontage adjacent to the parkland (2.96 acres total).
1. The Developer shall construct the full park frontage road improvements prior to obtaining the ninety-eighth (98) building permit within the subdivision.
2. The developer is not required to construct any onsite park improvements other than to grade the site to drain consistent with City standards. • The Developer shall pay the City’s Park and Recreation Development Impact fee (DIF), as do all residential projects, plus, as a result of the DA, pay an additional $3,206 per parcel neighborhood park fee and provide all of the necessary street improvements to the new parkland street frontage. In return the City will use this money to reimburse the developer for the value of the parkland and the street improvements. If these costs exceed the amount of the DIF fees the applicant would otherwise be required to pay, the developer will be reimbursed for those excess costs.
Table 1: Land Use Summary
Phase Acres Single-family
residential lots
Other use
1 12.52 57 A 0.11-acre site for a sewer lift station.
2 7.77 39
3 14.60 83 A 2.65-acre (net) park / detention pond
Right of way
dedication
3.31 Lincoln Rd. & Geo. Washington Blvd.
Total 41.36 179
Compatibility with neighboring uses:
Regarding how this proposed subdivision fits within its surroundings, this urban project will be located in a predominantly agricultural area, nearly surrounded by orchards. However, it is also an area that has been planned for urban uses for almost 20 years. Considering this area has been within the City’s sphere of influence since the 1980s, this area has been recognized for future urban growth for approximately 34 years.
*Since the properties are within the unincorporated area of Sutter County, the Sutter County General Plan and Zoning is currently in effect. The City G.P. designation and zoning will apply once the property is annexed into the City.
Whenever urban development borders agricultural land there is a potential for incompatibility. This incompatibility could consist of standard farm operations like plowing and spraying that cause noise, dust or spray residue that may affect the residences, or the residents walking their dogs, taking fruit, or riding dirt bikes, through the orchards, impacting the farm operator. Both the City and Sutter County General Plans have buffer policies that consist of distance separation along the agricultural/urban interface that minimize the impacts between the potentially conflicting uses. But those policies are applicable along the edge of the sphere of influence where the buffer is permanent.
The buffer requirement does not apply in this case since General Plan required buffers consist of providing permanent open space uses along the permanent agricultural/urban interface. The buffering does not apply for interim buffering where, at some point in the future, the neighboring agricultural land will also be urbanized. That is the case for this proposed development. The Yuba City Sphere-of influence extends to Township Road. This impact is recognized in the EIRs prepared for both the 2004 General Plan and the Lincoln East Specific Plan, as it was considered a significant impact that cannot be avoided. Overriding considerations were made by the City Council that determined that there are social and economic reasons that override those concerns.
Traffic
The property is served by two primary roads, Lincoln Road runs east-west along the north side of the property, and George Washington Boulevard which runs north-south along the west side of the property. Both are designated in the General Plan to become major arterials in order to better connect this new neighborhood and other future neighborhoods to the urban area. Both roads are currently two-lane roads originally designed to serve an agricultural area. The subdivision is conditioned to construct their half of Lincoln Road and George Washington Boulevard for the lengths of the property.
These half streets include two lanes (creating an interim three lane road until the other side is Table 2: Bordering Information and Uses
County and City General Plan
Land Use Classifications
Zoning Existing
Land Use
Project Site Low Density Residential (LDR) and
Park
One-Family Residential
(R-1)
Orchard and a small
office building.
North* County – AG - 20
City - LDR
Estate Residential (ER)
(County)
Ranchette homes and
orchard
East City - LDR R-1 Orchard.
West* County General Plan– AG - 20
City General Plan - LDR
Agriculture (AG)
(County)
Orchard.
South LDR & Medium High Density
Residential (MDR)
R-1 Orchard.
developed), bike lane, landscape strip sidewalk, another landscape strip and six-foot high masonry wall.
The project will also pay its fair share for future improvements to several other nearby intersections, as determined by the LESP EIR. Most of these roads are now included within the City’s development impact fee program but several are not, including the Sanborn Road/Lincoln Road intersection, the Sanborn Road/Bogue Road intersection and paying a fair share for transit improvements to this growing area. These fair share payments are included as mitigations in the Environmental Document (EA 22-06).
Park
The General Plan designates the southeast portion of the project site for a future park. To fulfill that, the proposal is to dedicate approximately 2.63 acres (2.96 acres gross – including street right-of-way) to the City for the park. The developer’s obligation for the park is laid out in the proposed Development Agreement.
Availability of City services:
City water and wastewater will be extended to the property. Storm drainage will be collected into the City drainage system (to be constructed) and conveyed to the Live Oak Canal which is overseen by the Sutter County Water Agency. City Fire services already serve the area.
Due to the existing Master Property Tax Exchange Agreement that is in effect between Sutter County and Yuba City, the Sutter County Sheriff Department will continue to provide law enforcement services to this area until the thresholds outlined in the agreement are met at which time service will switch to the Yuba City Police Department.
Environmental Considerations:
An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. On September 8, 2023 a Notice of Intent to Adopt a Mitigated Negative Declaration was distributed to responsible and trustee agencies and published in the Appeal Democrat. This commenced a 20-day comment period that ended on September 27, 2023. During this comment period the City did not receive comments.
Since the original release of Environmental Assessment 22-06 on September 8, 2023, it has been discovered that the Focused Traffic Impact Analysis for Sohal Ranch Subdivision, dated July 28, 2023, prepared by MHM Engineering, was inadvertently omitted from the Environmental Assessment. The Focused Traffic Impact Analysis for Sohal Ranch Subdivision has now been included as Appendix B of Environmental Assessment 22-06, which is attached in full as a part of this staff report. The City did not receive any comments requesting to review the Focused Traffic Impact Analysis or have expressed opposition to the project because it was not originally included in Environmental Assessment 22-06.
Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and recommends adoption of a mitigated negative declaration for this project. The findings of the mitigated negative declaration are that, with the proposed mitigations for Biological Resources, Geology and Soils, Noise, Recreation, Greenhouse Gases, Traffic, and Tribal Cultural Resources the 179 single-family residential lot subdivision will not create any significant impacts to the neighborhood or vicinity that are not already identified in the LESP EIR. As a result, the filing of a
mitigated negative declaration is appropriate in accordance with the provisions of CEQA. The proposed mitigation measures are included in the project conditions of approval.
Fiscal Impact:
The cost for processing land use entitlements is funded by the project applicant fees as adopted by the City Council.
Alternatives:
1. Deny the proposed Development Agreement associated with Sohal Ranch Subdivision.
2. Provide staff with alternate direction.
Recommendations:
A. Conduct a Public Hearing; then
B. Introduce an Uncodified Ordinance of the City Council of the City of Yuba City approving Environmental Assessment 22-06 by Adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map (TSM) 22-02, Sohal Ranch Subdivision and approving a Development Agreement between the City of Yuba City and the Balbir Sohal Family Trust, for the Sohal Ranch Subdivision (TSM 22-02), on 41.36 acres located at the southeast corner of Lincoln Road and George Washington Boulevard (Assessor’s Parcel Numbers 065-010-005 And 065-010-006), and waive the first reading.
Attachments:
1. City Council Uncodified Ordinance
2. Sohal Ranch Subdivision Planning Commission Staff Report Packet, September 27, 2023 Prepared By: Submitted By:
Ashley Potočnik
Development Liaison
Diana Langley
City Manager
ATTACHMENT 1
ORDINANCE NO. ________
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING ENVIRONMENTAL ASSESSMENT 22-06 BY
ADOPTING A MITIGATED NEGATIVE DECLARATION PREPARED FOR
TENTATIVE SUBDIVISION MAP (TSM) 22-02, SOHAL RANCH SUBDIVISION
AND APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
YUBA CITY AND BALBIR SOHAL FAMILY TRUST FOR THE SOHAL RANCH SUBDIVISION (TSM 22-02), ON 41.36 ACRES LOCATED AT THE
SOUTHEAST CORNER OF LINCOLN ROAD AND GEORGE WASHINGTON
BOULEVARD (ASSESSOR’S PARCEL NUMBERS 065-010-005 and 065-010- 006).
WHEREAS, the City received an application from Balbir Sohal Family for Tentative Subdivision Map (TSM) 22-02, Sohal Subdivision, to subdivide 41.36 acres into 179 single-family residential lots and two public use lots, and to develop the property at an overall project density of approximately 4.5 units per acre; and
WHEREAS, the two public use lots include a 0.11-acre site for a sewer lift station and a
2.63-acre (net) parcel for a City park. All of the new lots meet City development standards and will be provided full City services; and
WHEREAS, this property was recently annexed into Yuba City’s city limits and the property owner wished to develop their property to urban levels; and WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), with the City, as the Lead Agency, the Planning Commission reviewed related Environmental Assessment 22-06 which was prepared for this subdivision and the development agreement, (collectively “Project”) considering a Mitigated Negative Declaration (MND) prepared for the Project, which concluded that this Project, with new mitigations as well as mitigations from the previously approved EIR for the Lincoln East Specific Plan (LESP), will not generate any new significant environmental impacts not previously considered by the LESP EIR; and
WHEREAS, a review of the General Plan and Zoning Regulations determined that the proposed subdivision is consistent with the General Plan and Zoning Regulations; and WHEREAS, a development agreement between Balbir Sohal Family Trust and the City of Yuba City, is also proposed to extend the expiry period of the tentative subdivision map to 15- years and may be extended an additional 5-years, subject to City approval. Additionally, the agreement provides for funding for the development of neighborhood parks consistent with existing established land-use; and
WHEREAS, the development agreement was considered in Environmental Assessment (EA) 22-06, where a Mitigated Negative Declaration is proposed; and WHEREAS, on September 27, 2023, the Planning Commission concurrently conducted a duly noticed public hearing on TSM 22-02 and the Development Agreement, at which time it received input from City Staff, the applicant; the 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, by a 5 – 1 vote, with Commissioner Dale being absent, the Planning Commission adopted a Resolution contingently approving TSM 22-02, subject to City Council approval of the Development Agreement and take related action regarding the project; and WHEREAS, Sections 65864-65869.5 of the California Government Code authorize the City to enter into development agreements and requires the planning agency of the City to find the proposed Development Agreement to be consistent with the policies and programs of the General Plan and any applicable specific plan, which the Planning Commission has done; and WHEREAS, Government Code Section 65865 authorizes the City to enter into development agreements with any person having a legal or equitable interest in real property, which interest Developer has in the affected property; and WHEREAS, pursuant to California Government Code Sections 65867 and 65090, the City published a legal notice of the public hearing regarding the proposed Development Agreement to be held by the City Council on October 7, 2023. In addition, a public hearing notice was mailed to each property owner within at least 300 feet of the project site, indicating the date and time of the public hearing regarding the Development Agreement; and WHEREAS, the City Council considered the provisions of the Development Agreement at a public hearing on October 17, 2023, and all interested parties were given an opportunity to be heard regarding the Agreement, and thereafter the City Council introduced this Ordinance; and WHEREAS, the City Council has adopted a Mitigated Negative Declaration in connection with Tentative Subdivision Map TSM 22-02, related to the Sohal Ranch Subdivision; and WHEREAS, the Development Agreement was assessed by the Mitigated Negative Declaration, which identified that implementation of the proposed Project would require certain approvals, including approval of the Development Agreement by the City, and which Development Agreement was included within the scope of the project and was environmentally assessed in the Initial Study; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred, and the City Council desire to approve a Development Agreement between the City of Yuba City and Balbir Sohal Family Trust by adoption of this Ordinance.
NOW, THEREFORE, the City Council of the City of Yuba City does ordain as follows:
1. Recitals: The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
2. California Environmental Quality Act (CEQA) Findings: The City Council find that an environmental assessment/ initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. The process included the distribution of requests for comments from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies. While the proposed project could have a potentially significant effect on the environment, based on its independent judgement and analysis the City Council finds that feasible mitigation measures or alternatives have been incorporated into the project in
order to avoid the effects to a point where clearly no significant effect on the environment will occur. The project-specific mitigation measures included in the project to avoid potentially significant effects are set forth in the attached Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the project specific mitigations imposed, there is no substantial evidence in the record that this project may have significant direct, indirect, or cumulative effects on the environment.
3. Adoption of the MND and Mitigation Monitoring and Reporting Program. Based on the foregoing, the City Council adopts the Mitigated Negative Declaration prepared for the project, including the associated Mitigation Monitoring and Reporting Program, as the project will not result in any significant, adverse environmental impacts with the mitigations proposed. The Yuba City Development Services Department is located at 1201 Civic Center Boulevard, Yuba City, CA 95993, and is designated as the custodian of the documents and other materials that constitute the record of the proceedings upon which the decision is based. The City Council authorizes the Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for approval of the project that complies with the CEQA Guidelines.
4. Development Agreement Findings: Pursuant to the Government Section Code 65864 through 65869.5 and in light of the record before it including the staff report (and all attachments), and all evidence and testimony heard at the public hearing for this item, and in light of all evidence and testimony provided in connection with the entitlements for the Sohal Ranch Subdivision, the City Council makes the following findings pertaining to the Development Agreement.
a. The proposed Development Agreement is consistent with the goals and policies of the General Plan, its purposes, and applicable Specific Plan(s).
Evidence: The proposed subdivision creating 179 single-family residential lots is consistent with the land use originally adopted as part of the Lincoln East Specific Plan (LESP) but that plan was later vacated; however, the land use pattern remains in effect as part of the General Plan. The Project’s overall density of approximately 4.7 dwelling units per acre are consistent with the General Plan Land Use Element that provides for a density range of 2-8 dwellings per acre for the Low-Density Residential (LDR) designation. Consistent with General Plan Policy 6.1-I-3, this development will dedicate parkland to the City and pay in-lieu fees toward neighborhood parks in addition to the Park and Recreation development impact fee to contribute to the City’s Park system. Consistent with General Plan Policy 4.4-I-1, the proposed project has designed residential streets with sidewalks, planting strips and traffic calming elements to create a pedestrianfriendly environment. b. The Development Agreement is consistent with and furthers a number of goals and objectives identified in the City’s General Plan.
Evidence: This Project is consistent with the City’s General Plan goals and policies including the established density ranges for LDR designated land. The Project is conditioned to meet all City development and improvement standards including water, wastewater, stormwater drainage systems, street cross-sections, streetscape landscaping, and park facilities or applicable in-lieu fees. The proposed Project will be subject to compliance with R-1 development standards.
Overall, the Project proposed by the Development Agreement represents a productive use of site that is compatible with surrounding anticipate future neighboring uses and offers Yuba City residents new residential opportunities that will support retail, entertainment, and employment uses in the City. c. Water Supply Assessment.
Evidence: A water supply assessment is not required for this Project because the proposed 179 lot subdivision is less than the 500 dwelling unit threshold required by California Government Code Section 66473.7 (a) (1) and does not meet the definition of a subdivision to require a water supply assessment. d. The project has adequate flood protection.
Evidence: On August 16, 2022, the City Council of the City of Yuba City adopted Resolution No. 22-121, acting as the land use agency, accepting evidence in support of a finding of 200-year urban level of flood protection due to the facilities of the State Plan of Flood Control have been rehabilitated by the Sutter Buttes Flood Control Agency through the Feather River West Levee Project.
5. Approval of the Development Agreement. Based upon the findings outlined in Sections 2-4 above, the City Council adopts an ordinance to approve a Development Agreement between the City of Yuba City and Balbir Sohal Family Trust, a copy which is attached hereto as Attachment “A.”
6. Severability: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
7. Effective Date: This ordinance shall be in full force and effect thirty (30) days after its passage. However, the Agreement shall not become operative until the affected property is annexed into the City within the time specified by the Agreement.
8. Certification: The City Clerk shall certify to the adoption of this ordinance, and shall cause the same to be posted and codified in the manner required by law.
Introduced and read at a regular meeting of the City Council of the City of Yuba City on the 17th day of October, 2023 and passed and adopted at a regular meeting held on the 7th day of November, 2023.
AYES:
NOES:
ABSENT:
___________________________
Wade Kirchner, Mayor
ATTEST:
___________________________
Ciara Wakefield, City Clerk Administrator
APPROVED AS TO FORM:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment “A”: Sohal Ranch Subdivision (TSM 22-02) Development Agreement
ATTACHMENT “A”
SOHAL RANCH SUBDIVISION
DEVELOPMENT AGREEMENT
Recording Requested by:
Development Services Department
City of Yuba City
1201 Civic Center Blvd.
Yuba City, CA
When Recorded Mail To:
City Clerk
City of Yuba City
1201 Civic Center Blvd.
Yuba City, CA 95993
DOCUMENT WILL BE RETURNED TO NAME &. ADDRESS IDENTIFIED ABOVE [Space Above for Recorder's Use]
DEVELOPMENT AGREEMENT
by and between
BALBIR SOHAL FAMILY 2016 TRUST
and
CITY OF YUBA CITY
A General Law City
(Sohal Ranch Development Agreement)
THIS DEVELOPMENT AGREEMENT dated _______________, 2023 (Effective Date), at Yuba City, California (hereinafter referred to as "Agreement"), is entered into by and between Narjit Sohal And Balbir Sohal As Trustees Of The Balbir Sohal Family 2016 Trust(hereinafter referred to as "Sohal Ranch Landowner,” “Landowner” or “Developer”) and the City of Yuba City, a general law city, created and existing under the laws of the State of California (hereinafter referred to as "the City"), pursuant to the authority of Sections 65864-65869.5 of the Government Code of the State' of California.
RECITALS
A. State Authorization. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the Government Code (the "Development Agreement Statute"), which authorizes the City to enter into a binding property development agreement with any person having a legal or equitable interest in real property for the development associated with such property in order to establish certain development rights in the property which is the subject of the development project application.
B. City Procedure and Requirements. The City has implemented the provisions of Government Code Section 65864 et seq. and is authorized to enter into development agreements with persons having legal or equitable interests in real property located in the City.
C. Landowner. The Landowner is Balbir S. Sohal and Narjit K. Sohal as trustees of the Balbir Sohal Family 2016 Trust, dated June 8, 2016.
D. Property. The subject of this Agreement is the development of that certain property commonly known as Sohal Ranch, consisting of approximately 41.36 acres located in the County of Sutter, as described in Exhibit A-I and depicted in Exhibit A-2, attached hereto and incorporated herein by reference (referred to as "the Property”). Landowner owns the Property in fee and represents that all other persons holding legal or equitable interests in the Property shall be bound by this Agreement.
E. Lincoln East Specific Plan (“Specific Plan” or “LESP”). The Property is located within the area that used to be part of the Lincoln East Specific Plan. The LESP was rescinded by action of the City Council by adoption of Ordinance 009-21 on October 19, 2021.
F. Project. The development of the Property is in accordance with the City's General Plan, as amended, and approval of Tentative Subdivision Map 22-02 and Environmental Assessment 22-06, referred to herein as the "Project.” G. The Mitigated Negative Declaration. The City examined the environmental effects of this Agreement and the Development Approvals in the Mitigated Negative Declaration (the "MND") (SCH No. 2023090155) prepared pursuant to the California Environmental Quality Act (CEQA). The City Council reviewed and approved the MND as adequate and complete as part of the approval of the Development Approvals.
H. Purposes. The Landowner and City desire to enter into an agreement for the purpose of implementing the plan for subdividing and development of Sohal Ranch as set forth herein and Development Approvals and for mitigating the environmental impacts of such development as identified in the environmental document. The City has an expressed interest in ensuring the proper growth of the community by entering into Development Agreements as a method whereby a level of assurance can be achieved to meet that interest. The City has determined that the development of Sohal Ranch pursuant to the proposed Tentative Subdivision Map 22-02 is a development for which a Development Agreement is appropriate. A Development Agreement will provide certain benefits to the City; will eliminate uncertainty in the City's land use planning for and secure orderly development of the Property in accordance with the policies and goals set forth in the City's General Plan. The Landowner has incurred and will incur substantial costs in order to comply with the conditions of approval and to assure development of the Property in accordance with this Agreement. In exchange for these benefits to the City and the public, the Landowner desires to receive assurance that the City shall grant permits and approvals required for the development of the Property in accordance with the Existing City Laws, subject to the terms and conditions contained in this Agreement. In order to effectuate these purposes, the Parties desire to enter into this Agreement.
I. Entitlements Needed Prior to the Development Agreement. The application for approval of this Agreement and the appropriate CEQA documentation required for approval of this Agreement, including:
• Tentative Subdivision Map 22-02 (approvals may occur after adoption of the Development Agreement).
• Environmental Assessment 22-06 (Approval of the Mitigated Negative Declaration).
The entitlements are collectively referred to as “Development Approvals.” J. Reserved.
K. Development Agreement Adoption. After conducting a duly noticed public hearing and making the requisite findings, the City Council, by the adoption of an Ordinance approved this Agreement and authorized its execution. The City has determined that this Agreement furthers the public health, safety and general welfare, that the provisions of this Agreement are consistent with the goals and policies of the General Plan and the provision of a neighborhood park and payment of fees as specified in Section 4.2.6 and 4.2.7 of this Agreement is a community benefit. The City and Developer have determined that the project is a development for which this Agreement is appropriate. This Agreement will eliminate uncertainty regarding Development Approvals and certain subsequent development approvals, thereby encouraging planning for, investment in and commitment to use and develop the Property. Continued use and development of the Property is anticipated to, in turn, provide the following substantial benefits and contribute to the provision of needed infrastructure for area growth, thereby achieving the goals and purposes for which the Development Agreement laws were enacted, including (1) providing for the development of unused land; (2) providing increased tax revenues for the City; (3) providing for jobs and economic development in the City; and (4) providing for infrastructure improvements that can be utilized by regional users and future users.
L. Consistency with Yuba City General Plan. Development of the Property in accordance with this Agreement will provide for orderly growth and development in accordance with the policies set forth in the City General Plan, as amended and the Development Approvals. Having duly examined and considered this Agreement and having held properly noticed public hearings hereon, the City Council finds and declares that this Agreement is consistent with the General Plan of the City and with the Development Approvals.
M. Landowner Payments for the Costs of Public Infrastructure, Facilities, and Services. Landowner agrees to pay the costs of such City of Yuba City public facilities and services as herein provided to mitigate impacts of the development of the Property, and City agrees to assure that Landowner may proceed and complete development of the Property, in accordance with the terms and conditions of this Agreement. City's approval of development of the Property as provided herein is in reliance upon and in consideration of Landowner's agreement to make such payments toward the costs of public improvements and services as herein provided to mitigate the impacts of development of the Property.
N. Development Agreement Ordinance. City and Landowner have taken all actions mandated by and fulfilled all requirements set forth in the California Government Code Sections 65864 through 65869.5 regulating the use of development agreements.
O. Flood Hazard. The City has imposed conditions on the project that will protect the property to the urban level of flood protection in urban and urbanizing areas. Such conditions may also be implemented as conditions of tentative maps or other entitlements.
NOW THEREFORE, pursuant to the authority contained in Government Code Sections 65864-65869.5, and in consideration of the mutual covenants and promises contained herein, the adequacy and sufficiency of which is hereby acknowledged, the Landowner and the City, each individually referred to as a Party and collectively referred to as the Parties ("Parties"), agree as follows:
AGREEMENT
1. General Provisions.
1.1 Incorporation of Recitals. The Preamble, the Recitals and all defined terms set forth in both, are hereby incorporated in this Agreement as if set forth herein in full.
1.2 Definitions. In addition to the defined terms in the Preamble and the Recitals, each reference in this Agreement to any of the following terms shall have the meaning set forth below for each such term. Certain other terms shall have the meaning set forth for such term in this Agreement.
1.2.1 Approvals. Any and all permits or approvals of any kind or character required under the City Laws in order to develop the Project, including, but
not limited to, architectural review approvals, building permits, site clearance and demolition permits, grading permits and utility connection permits.
1.2.2 City Laws. The ordinances, resolutions, codes, rules, regulations and official policies of the City govern the permitted uses of land, density, design, improvements and construction standards and specifications applicable to the development of the Property. Specifically, but without limiting the generality of the foregoing, City Laws shall include the City's General Plan, the Zoning Regulations of the City of Yuba City, and the Subdivision Regulations of the City of Yuba City.
1.2.3 Conditions. All conditions, exactions, fees or payments, dedication or reservation requirements, obligations for on or off-site improvements, services or other conditions of approval called for in connection with the development of or construction on the Property under the existing City Laws, whether such conditions of approval constitute public improvements, or mitigation measures in connection with environmental review of any aspect of the Project.
1.2.4 Director. The Director of the Development Services Department.
1.2.5 Existing City Laws. The City Laws in effect as of the Effective Date of this Agreement.
1.2.6 Laws. The laws and Constitution of the State of California, the laws and Constitution of the United States and any codes, statutes or executive mandates in any court decision, state or federal, thereunder.
1.2.7 Mortgagee. “Mortgagee” means: (a) the holder of the beneficial interest under a Mortgage; (b) the lessor under a sale and leaseback Mortgage; and (c) any successors, assigns and designees of the foregoing.
1.2.8 Party. A signatory to this Agreement: or a successor or assign of a signatory to this Agreement.
1.2.9 Property. The Property is that property described and shown on Exhibits A-I and A-2. It is intended and determined that the provisions of this Agreement shall constitute covenants which shall run with the Property and the benefits and burdens hereof shall bind and inure to all successors-in-interest to the parties hereto.
2. Effective Date: Term.
2.1 Recordation. Not later than ten (10) days after the Effective Date, the Parties shall cause this Agreement to be recorded in the Official Records of the County of Sutter, State of California, as provided for in Government Code Section 65868.5. However, failure to record this Agreement within ten (10) days shall not affect its validity or enforceability by and between the Parties.
2.2 Term. Except as provided herein, the term of this Agreement shall commence on the Effective Date and terminate fifteen (15) years thereafter; provided, however, that the initial term may be extended for an additional five (5) year
term upon approval by the City Council after first receiving a recommendation by the Planning Commission, if the Parties have not completed their obligations pursuant to Section 4 (“Term”), for a total of twenty (20) years. Following the expiration of the Term, this Agreement shall be deemed terminated and be of no further force and effect; provided, however, said termination of the Agreement shall not affect any right or duty emanating from City Entitlements on the Property approved concurrently with or subsequent to the approval of this Agreement.
3. General Development of the Project.
3.1 Project: Vested Entitlements.
3.1.1 Reserved.
3.1.2 Development of the Property shall be governed by this Agreement, and the Development Approvals. This Agreement does not impose affirmative obligations on the Landowner to commence development of the Project, or any phase thereof, in advance of its decision to do so.
3.1.3 The permitted uses of the Property, the density and intensity of use, including, but not limited to, minimum landscape areas, maximum lot coverage, minimum and maximum number of parking spaces, and the allowable floor area ratios), and provisions for public improvements and all mitigation measures and conditions required or imposed in order to minimize or eliminate environmental impacts or any impacts of the Property applicable to development of the Property, are as set forth in ordinances, policies, and standards in effect as of the Effective Date and are hereby vested subject to the provisions of this Agreement ("Vested Entitlements").
3.2 Project Phasing. Landowner and City acknowledge and agree that the Project is designed to be developed in phases. The Parties also acknowledge and agree that presently the Landowner cannot predict the timing of the Project phasing.
Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that failure of the Parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the Parties' agreement, it is the Parties' intent to cure that deficiency by acknowledging and providing that the Landowner shall have the right to develop the building components of the Project in phases in accordance with the Development Approvals and at such times as the Landowner deems appropriate within the exercise of its subjective business judgment and the provisions of this Agreement.
3.3 Other Government Permits. The Landowner or City (whichever is appropriate) shall apply for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project (such as public utility districts, Gilsizer County Drainage District, the U.S. Army Corps of Engineers, or Cal Trans) as may be required for the development of, or provision of services to, the Project. The City shall promptly and diligently cooperate, at no cost or damage to the City, with the Landowner in its endeavors to obtain such permits and approvals and, from time-to-time at the request of the Landowner, and shall attempt with due diligence and in good faith to enter into binding agreements with any such entity in order to assume the availability of such permits and approvals of services. To the extent allowed by law, the Landowner shall be a party or third-party beneficiary to any such agreement
and shall be entitled to enforce the rights of the Landowner or City thereunder or the duties and obligations of the parties thereto.
3.4 Additional Fees. Except as set forth in this Agreement, the City shall not impose any further or additional fees, taxes or assessments, whether through exercise of the police power, the taxing power, or any other means, other than those required by Existing City Laws and this Agreement, provided that:
3.4.1 Community Facilities District. Prior to the approval of any final map within the area covered by this Agreement, the Developer shall be required to enter into a Community Facilities District ("CFD") or similar funding mechanism acceptable to the City for the purpose of funding on-going operational costs for police, fire, and other government services and for the on-going maintenance costs for road and park facilities.
Developer shall cooperate in the formation or annexation to the CFD or funding mechanism, and irrevocably consents herewith to the levy of such special taxes, establishment of funding mechanisms, or collection of other fees or charges, as are necessary to fund the operational and/or maintenance costs.
3.4.2 The City may charge the Landowner the standard processing fees for land use approvals, building permits and other similar permits, which are in force and effect on a City-wide basis at the time application is submitted for those permits.
3.4.3 City shall have the authority to enact or increase development impact fees provided the fees are consistent with the fees applied to other properties in the City or area wide that is similarly situated.
3.4.4 If the City exercises its taxing power in a manner which will not change any of the conditions applicable to the Project and so long as any taxes are uniformly applied on a City-wide or area-wide basis, as defined below, the Property may be so taxed, which tax shall be consistent with the taxation of other properties in the City or area wide that is similarly situated.
3.4.5 If state or federal laws are adopted which enable cities to impose fees on existing projects and if, consequently, the City adopts enabling legislation and imposes fees on existing projects on a City-wide basis, these fees may be imposed on the Project, which fees shall be consistent with the fees imposed on other properties in the City similarly situated.
3.4.6 Landowner shall pay the following fees:
i. City-wide development impact fees, which may include but not be limited to:
• Parks and Recreation
• Community Civic Center
• Fire Protection
• Library Services
• Police Protection
• Roadways/Traffic
• Flood Protection/Levee Improvements
• City Corporation Yard
• Drainage
• Administration Component
• Connection and Trunk Line Fees (Water and Sewer)
• Applicable County development impact fees
ii. A supplement to the Park and Recreation Development Impact Fee shall be paid pursuant to Section 4.2.6 of this Agreement. iii. Any fees that Developer is obligated to directly pay to any Federal, State, County or local agency (other than any City Agency) under applicable Federal, State, County or local law.
iv. Any fees the City is legally required to collect for other State or Federal agencies pursuant to State or Federal law or any City agreement or City ordinance that the City is legally mandated or required to adopt or enter into to comply with State or Federal law or a judgment of a court of law, but only to the extent necessary to satisfy such compliance.
Fees shall be paid at the then-applicable rate in effect at the time building permits are obtained. Certain City fees may be deferred to prior to issuance of a certificate of occupancy if otherwise allowed by City ordinance, regulation, or policy.
The parties also acknowledge that the City is currently assessing a publicly administered fee program for the area. If adopted, this program may impose fee(s) applicable to the entire area including the Property. Landowner agrees to pay such fee(s) once adopted by the City. Nothing in this Agreement shall preclude Landowner from objecting to or contesting the adoption of the fees in the same manner as any other member of the public.
3.4.7 The Parties acknowledge that the provisions contained in this Section 3.4 are intended to implement the intent of the Parties that the Landowner has the right to develop the Project pursuant to specified and known criteria and rules, and that the City receives the benefits which will be conferred as a result of such development without abridging the right of the City to act in accordance with its powers, duties and obligations.
3.5 Applicable Laws and Standards. Notwithstanding any change in any Existing City Law, including but not limited to, any change by means of ordinance, resolution, initiative, referendum, policy or moratorium, and except as otherwise provided in this Agreement, the laws and policies applicable to the Property are set forth in Existing City Laws (regardless of future changes in these by the City), and this Agreement. The Project has vested rights to be built and occupied on the Property, provided that the City may apply and enforce the Uniform Building Code (including the Uniform Mechanical Code, Uniform Electrical Code and Uniform Plumbing Code) and Uniform Fire Code and all applicable hazardous materials regulations in effect at the time the Landowner applies for any particular building permits for any particular building or other development aspect of the Project.
3.6 Application of New Laws. Nothing herein shall prevent the City from applying to the Property new federal, state or City Laws that are not inconsistent or in conflict with the Existing City Laws or the intent, purposes or any of the terms, standards or conditions of this Agreement; and which do not alter the terms, impose any further or additional fees or impose any other conditions requiring additional traffic improvements requirements or additional off-site improvements that are inconsistent with this Agreement or the intent of this Agreement. Any action or proceeding of the City that has any of the following effects on the Project shall be considered to be in conflict with this Agreement and the existing City Laws, and shall not be applied by the City to the Project or this Agreement:
3.6.1 Limiting the uses permitted on the Property;
3.6.2 Limiting or reducing the density or intensity of uses, the maximum height, the allowable floor area ratios, the required number of parking spaces, increasing the amount of required landscaping or reservations and dedications of land for public purposes;
3.6.3 Limiting the timing or phasing of the Project in any manner that is inconsistent with or more restrictive than the provisions of this Agreement;
3.6.4 Limiting the location of building sites, grading or other improvement on the Property in a manner that is inconsistent with or more restrictive than the limitations included in this Agreement; or
3.6.5 Applying to the Project or the Property any law, regulation, or rule restricting or affecting a use or activity otherwise allowed by this Agreement.
3.7 Moratorium, Quotas, Restrictions, or Other Limitations.
Without limiting the City's standard application processing procedures, no moratorium or other limitation affecting building permits or other land use entitlements, or the rate, timing or sequencing thereof shall apply to the Project.
3.8 Easements: Improvements. The City shall cooperate with the Landowner in connection with any arrangements for abandoning existing utility or other easements and facilities and the relocation thereof or creation of any new easements within the Property necessary or appropriate in connection with the development of the Project.
3.9 Farming Rights. The City shall acknowledge that the Landowner shall have the right to continue to farm the non-developed portion of the property until such time as development becomes feasible.
4. Developer Obligations
4.1 Public Improvements: Developer shall be responsible for constructing and financing the public infrastructure improvements necessary to serve the Project.
Developer agrees to dedicate, construct or acquire the improvements or facilities and to perform the obligations set forth in this Section at its expense, subject only to those reimbursements and credits as specified in this Agreement. Public infrastructure improvements shall be designed and constructed in accordance with the improvement plans approved by City for such
improvements, and in accordance with the requirements and regulations pursuant to California State law.
4.2 Developer Obligations. Developer shall be obligated to construct and finance the public infrastructure improvements as called out in City's infrastructure Master Plans. Developer shall be required to post appropriate financial security with City prior to recordation of Final Maps, consistent with Project conditions of approval and as called out in the Public Facilities Financing Plan. The developer may be entitled to fee credits as provided in Section 5.1.
4.2.1 Roads. Roads shall be constructed per the approved phased infrastructure improvement matrix per the tentative map conditions of approval, and as provided in the approved tentative maps or other discretionary City permits. On-site improvements shall be as per project approvals and approved improvement plans.
4.2.2 Lincoln Road Frontage Improvements for 2810 Lincoln Road and 2836 Lincoln Road. Developer agrees to construct roadway improvements along the frontage of 2810 Lincoln Road and 2836 Lincoln Road in accordance to the road section shown on the Sohal Ranch Tentative Map SM 22-02 or as otherwise approved by the Community Development Director. The City agrees to obtain all right-of-way and reimburse Developer for associated roadway construction improvement construction at the time of City acceptance of public improvements. The City shall reimburse the Developer actual costs including surveying, design, construction, permitting, staking, environmental, etc. at the time City acceptance of public improvements. The City shall perform all right-of-way acquisition at their sole cost and expense prior to Developer starting work. If the City is not able to or elects not to obtain additional right-of-way, the City could consider modification of the road section improvements for developer implementation to avoid additional right-of-way needs.
4.2.3 Storm Drainage. Developer shall provide necessary on-site and off-site improvements for storm drainage consistent with Project conditions of approval and as required by the City. Improvements shall be constructed for the approved phased infrastructure improvement per the tentative map conditions of approval and as provided in the approved tentative maps or other discretionary City permits.
4.2.4 Sewer. Developer shall construct sewer lines consistent with the Master Plan and conditions of approval of the tentative maps and other discretionary City permits. Improvements shall be constructed for the approved phased infrastructure improvement per the tentative map conditions of approval, Planned Development, and as provided in the approved tentative maps or other discretionary City permits.
4.2.5 Water. Developer shall construct water line improvements consistent with the Master Plan and conditions of approval of the tentative maps and other discretionary City permits. Developer shall also be responsible for all on-site water line improvements. Improvements shall be constructed for the approved phased infrastructure improvement per the tentative map conditions of approval, Planned Development, and as provided in the approved tentative maps or other discretionary City permits.
4.2.6 Neighborhood Park Impact Fee. Developer shall pay to City a supplement to the Park and Recreation Development Impact Fee to cover development
of a neighborhood park in the amount of $3,206 per single-family residential unit and $2,298 per multifamily unit, prior to issuance of a certificate of occupancy for each lot developed. Said fee shall be considered in addition to the City’s existing Park and Recreation development impact fee specified in Section 3.4.6 of this Agreement. This fee is subject to inflation utilizing the Engineering News and Record Construction Index beginning January 2020. This section shall become inoperative should the City adopt a comprehensive Park and Recreation Development Impact fee update where neighborhood parks are incorporated into the City’s fee program. Neighborhood Park Supplement Development Impact Fees acquired or earned prior to a comprehensive Park and Recreation Development Impact fee will remain to be considered Park and Recreation fee credits or reimbursements.
4.2.7 Onsite Neighborhood Park. Developer agrees to dedicate to the City an approximate 2.6-acre neighborhood park as shown on the tentative map and construct adjacent frontage improvements prior to obtaining the ninety-eighth (98) building permit within the subdivision. The dedication shall include the park land, access to the parkland, and frontage adjacent to the parkland. The frontage improvements shall consist of curb, gutter, sidewalk, and roadways improvements consistent with City standards. The Developer will not be obligated to construct any onsite improvements other than to grade the site to drain consistent with City standards. The City agrees to grant Developer fee credits in the value of these improvements in exceedance of developer neighborhood impact fee obligation. The Developer shall be able to use 100 percent of the impact fee credits earned, for Development within the Sohal Ranch Subdivision. Fee Credits will be subject to inflation utilizing the Engineering News and Record Construction Index beginning January 2024. Both the Developer and City acknowledge that the City is considering a comprehensive Park and Recreation Development Impact fee which incorporates neighborhood park development and at such time, the requirement for the supplement to the Park and Recreation Development Impact Fee will become inoperative.
4.3 Reimbursement by Developer to Third Parties. In the event that facilities, including, but not limited to, roadway, sewer, water, drainage, and parks are constructed by third parties which benefit Developer, Developer agrees that it will pay to City for reimbursement to the third parties, Developer's pro-rata share, as reasonably determined by the City, of the cost of construction prior to the issuance of the first building permit in the Project.
Third party reimbursement will include, in addition to construction costs, those costs associated with planning, design and permitting as set forth in Section 4.1 of this Agreement.
4.4 Covenants, Conditions and Restrictions; Enforcement by City. Upon the recordation of each final subdivision map or other development project, Developer shall record against such portion of the Property a master set of covenants, conditions and restrictions ("CC&R's") to require the development and use of the property to be consistent with the Project Entitlement development plan or other appropriate City designation and applicable design guidelines for the Project. The CC&R's shall include the covenants that all structures and landscaping within the Project are to be built, installed and maintained in accordance with the Master Plan and subject to an obligation to obtain design approval from the City prior to any construction or modification of such improvements. The CC&R's shall provide that the City shall be a third-party beneficiary thereof and may not be amended without the City's consent. As a third-party beneficiary, the City shall have the right, but no obligation, to review and/or enforce any covenant under the CC&R's and the City shall not be obligated hereby to respond to any demands or complaints thereunder or otherwise take any action with respect thereto. The
CC&R's shall give the City the same rights as any other owner of record and enforce liens to recover the costs of such enforcement, which may include costs to perform maintenance obligations, remove trash or debris, tow any unlawfully parked vehicles, or other such violations, all at the cost of any defaulting party. The form of such CC&R's shall be subject to the review and approval by the City Attorney, which shall not be unreasonably withheld, prior to recordation thereof and prior to any amendment thereof that may affect the City's enforcement rights thereunder. City acknowledges that Developer shall not be obligated by the foregoing to form a homeowner's association.
4.5 Reimbursement for City Costs. Developer shall reimburse City for all of City's costs incurred in the drafting, negotiating, development, and implementation of this Agreement, including, but not limited to, the annual review pursuant to Section 6.1. Said costs shall include, but not be limited to, the full cost recovery of all City's staff time and City's attorney fees. This Agreement shall not take effect until the City costs, as provided for in this section, owed by Developer to City are paid to the City.
4.6 Building and Site Design. Developer shall comply with the design intent in the City-wide adopted Design Guidelines.
5. Reimbursement and Fee Credits, Financing, and Right-of Way
5.1 Reimbursement to Developer for Oversizing
5.1.1 Developer agrees the City may require Developer to construct certain on-site and off-site improvements in a manner that provides for oversize or excess capacity beyond that size or capacity needed to serve the project (collectively “Oversizing”) so that the constructed improvement will be available to serve other development or residences or facilities outside of the Property. The City shall not require any Oversizing from the Developer except in connection with project approvals or in Development Approvals, and in accordance with the provisions of the Subdivision Map Act. Developer may be entitled to a fee credit or reimbursement for Oversizing improvements per Section 5 of this Agreement.
5.1.2 In the event that City requires Developer to install a specific improvement (for example, a traffic signal), Developer's obligation to pay the relevant development impact fees otherwise owed under this Agreement regarding the category of improvement the Developer is installing shall be satisfied by the installation of such improvement in the manner mutually agreed upon by the City and the Developer so long as the amount of the development impact fees for this category of improvement does not exceed the cost of such improvement. City shall accept Developer's dedication of such improvements, consistent with the terms and conditions of this Agreement.
By entering into this Agreement, City and Developer agree that certain facilities, including, but not limited to, roadway, sewer, water, and drainage will be constructed by Developer pursuant to this Agreement which will benefit third-party landowners. Developer shall be entitled to a fee credit for any such facilities to the extent they benefit third party landowners in an amount as reasonably determined by the City. If Developer's fee credit for a particular facility exceeds the amount of the fee owed, except for Neighborhood Park requirements per 4.2.6 and 4.2.7, then Developer shall be reimbursed for the amount the fee credit exceeds the fee owed by the benefited third-party landowners. Developer shall request the City enter into a Reimbursement/Fee Credit Agreement, which shall specify the reimbursement
calculations and amounts as determined by the City. The Reimbursement/Fee Credit Agreement will require future development by third-party landowners benefiting from the Oversizing to reimburse Developer's pro-rata share for a period of up to fifteen (15) years from the installation of the oversizing or other qualifying improvements benefiting third-party landowners, provided, that Developer shall have the right to extend the initial fifteen (15) year period with a single five (5) year extension request. The extension request must be received, by the City, in writing six months prior to the expiration of the Reimbursement Agreement. The City Council is authorized to enter into a Reimbursement/Fee Credit Agreement on behalf of the City subject to approval as to legal form by the City Attorney. The Developer shall have the right to sell or transfer reimbursements/fee credits to other Developer or projects within the City of Yuba City.
5.1.3 Reimbursement Calculations. City will provide Developer with the available documentation showing the basis for the reimbursement amounts pursuant to Section 4.1. The reimbursement obligations provided in this Agreement will be in amounts as reasonably determined by the City.
5.1.4 Reimbursement Personal to Constructing Owner. All rights to reimbursement created pursuant to Section 4.1 shall be personal to the owner installing the improvements and shall not run with the land unless such rights are expressly assigned in writing.
5.2 City's Consideration of Public Financing for Project Improvements.
Development of the Project requires the investment of significant capital to fund the Project's necessary major infrastructure. Developer may, at its discretion, seek public financing mechanism for financing the construction, improvement or acquisition of major infrastructure. At the request of Developer, the City may consider the use of finance districts, special assessment districts, and other similar project-related public financing mechanisms to fund the Project's necessary infrastructure.
5.3 Right-of-Way Acquisition. With respect to the acquisition of any off-site interest in real property required by Developer in order to fulfill any condition required by the Project or the Entitlements, Developer shall make a good faith effort to acquire the necessary interest by private negotiations at the fair market value of such interest. If, after such reasonable efforts, Developer has been unable to acquire such interest and provided that Developer (i) provides evidence of a good faith effort to acquire the necessary property interest to the reasonable satisfaction of City and (ii) agrees to pay the cost of such acquisition, including reasonable attorney's fees, City shall make an offer to acquire the necessary property interest at its fair market value. If such offer has not been accepted within 60 days, City agrees, to the extent permitted by law, to cooperate and assist Developer in efforts to obtain such necessary property interest. Any such acquisition by City shall be subject to City's good faith discretion, which is expressly reserved by City, to make the necessary findings, including a finding thereby of public necessity, to acquire such interest. Subject to the reservation of such good faith discretion, the City shall schedule the necessary hearings, and if approved by City, thereafter, prosecute to completion the proceedings and action to acquire the necessary property interests by power of eminent domain.
Developer shall fund all costs of the acquisition of such necessary property interests, including reasonable attorney's fees and court costs in the event that such acquisition and/or condemnation is necessary.
6. Annual Review.
6.1 Good Faith Compliance. Developer shall annually provide documentation of good faith compliance with this agreement per Govt. Code Section 65865.1 to the City. The City may, at least every twelve (12) months, during the Term of this Agreement, conduct a public meeting to review the extent of good faith substantial compliance by Landowner with the terms of this Agreement at Landowner’s expense.
Such periodic review shall be limited in scope to compliance with the terms of this Agreement pursuant to Government Code Section 65865.1. Notice of such annual review will be provided by the Development Services Director to Landowner thirty (30) days prior to the date of the public meeting by the Planning Commission and shall include the statement that any review may result in amendment or termination of this Agreement as provided herein. A finding by the City of good faith compliance by the Landowner with the terms of Agreement shall conclusively determine the issue up to and including the date of such review. Nothing in this Section shall be deemed to create a duty of responsibility of City or Landowner or define an event of default that but for such concurrent review would not have been so created or defined.
6.2 Failure to Comply in Good Faith. If the City Council makes a finding that the Landowner has not complied in good faith with the terms and conditions of this Agreement, the City shall provide written notice to the Landowner describing: (i) such failure to comply with the terms and conditions of this Agreement (referenced to herein as a "Default"); (ii) the actions, if any, required by the Landowner to cure such Default; and (iii) the time period within which such Default must be cured. The Landowner shall have, at a minimum, thirty (30) business days after the date of such notice to cure such Default, or in the event that such Default cannot be cured within such thirty (30) day period but can be cured within one (1) year, the Landowner shall have commenced the actions necessary to cure such Default and shall be diligently proceeding to complete such actions necessary to cure such Default within thirty (30) days from the date of notice. If the Default cannot be cured within one (1) year, as determined by the City during periodic or special review, the City Council may modify or terminate this Agreement as provided in Section 6.4 and Section 6.5.
6.3 Failure to Cure Default. If the Landowner fails to cure a Default within the time periods set forth above, the City Council may modify or terminate this Agreement as provided below.
6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.2 and the expiration of the cure period, the City determines to proceed with modification or termination of this Agreement, the City shall give written notice to the Landowner of its intention to do so. The notice shall be given at least fifteen (15) calendar days before the scheduled hearing and shall contain:
6.4.1 The time and place of the hearing;
6.4.2 A statement as to whether or not the City proposes to terminate or to modify the Agreement; and
6.4.3 Such other information as is reasonably necessary to inform the Landowner of the nature of the proceeding.
6.5 Hearings on Modification or Termination. At the time and place set for the hearing on modification or termination, the Landowner shall be given an opportunity to be heard, and the Landowner shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on the issue shall be on the Landowner. If the City Council finds, based upon substantial evidence, that the Landowner has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City.
7. Permitted Delays.
7.1 Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either Party under this Agreement shall not be deemed to be in default where delays or, defaults are due to war, insurrection, strikes, lockouts, walkouts, drought, riots, floods, earthquakes, fire, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, restrictions imposed by governmental or quasigovernmental entities other than the City, unusually severe weather, acts of the other Party, acts or the failure to act of any public or government agency or entity other than the City, or any other causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of cause. If, however, notice by the Party claiming such extension of time is sent to the other Party more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. Times of performance under this Agreement may also be extended in writing by the joint agreement of the City and Landowner. Litigation attacking the validity of this Agreement, or any permit, ordinance, or entitlement or other action of a governmental agency necessary for the development of the Property pursuant to this Agreement shall also be deemed to create an excusable delay under this Section.
7.2 Supersedure by Subsequent Laws. If any Law made or
enacted after the date of this Agreement prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such new Law. Immediately after enactment of any such new Law, the Parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. If such modification or suspension is infeasible in the Landowner's reasonable business Judgment, then the Landowner shall have the right to terminate this Agreement by written notice to the City. The Landowner shall also have the right to challenge the new Law preventing compliance with the terms of this Agreement, and, in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect.
8. Termination.
8.1 City's Right to Terminate. The City shall have the right to terminate this Agreement if the Landowner is not in substantial compliance with the terms of this Agreement and this default remains uncured, all as set forth in Section 6.